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Home My WebLink About03/05/2007 City Council March 5, 2007 /'""'0 , "~Uv MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 5, 2007 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 5th day of March 2007, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Councilmember Councilmember Mayor Pro-tern Councilmember Present Present Present Present Present (arrived 7:25) Present Present And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation Pledge of Allegiance to the United States Flag- Scout Troupe 621 Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities 1_ Report from County Commissioner Ron Marchant and John Polster. (not present) Presentation from Ricochet Networks regarding wireless data services.- Judi Evans made a short presentation on wireless services. Mayor Dillard announced upcoming Regional Transportation Council meetings, and announced Severe Weather Awareness Week. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held February 20, 2007 (Wilson) 2.2 Consider approval of a resolution authorizing the city manager to enter into an agreement with T -Mobile for the installation of a communications facility with antenna at Well Site #2 on North Colony Boulevard (Scruggs) 2.3 Consider approval of an ordinance amending the Code of Ordinances by revising Section 12-118.1 Drought Contingency and adding Section 12-118.2 Drought Contingency for Austin Ranch East (Scruggs) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. ol LiD ;J:arch 5, 2007 2.4 Consider approval of an organizational change authorizing the Utility Superintendent to report directly to the Assistant City Manager (Cheatham) Motion to approve- Marshall; second by McCourry; motion passed with all ayes. 13.0 3.1 I REGULAR AGENDA ITEMS Conduct a public hearing, discuss and consider approval of an readopting Chapter 13, Article In of the Code of Ordinances curfew hours for minors with no changes (Chandler) I ordinance regarding Captain Chris Chandler reviewed the request for council to continue the curfew ordinance without changes until March 2010. The state requires curfew ordinances to be readopted every three years. Mayor Dillard opened the public hearing at 7:20 p.m. No citizens requested to speak for or against this ordinance. City Attorney Bob Hager requested that council consider Capt. Chandler's comments as part ofthe public hearing. Public hearing closed at 7:22 p.m. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider approval of an ordinance regarding a development plan and site plan for Hidden Cove Marina and Resort. The 407.88 acre tract is located in the northwest portion of the city with access off of Hackberry Road (Z06-0010, Bateman) Mayor Dillard opened the public hearing at 7:24. Planning Director Donna Bateman stated this item is for approval of the development plan for Phases I & II, and for a site plan for Phase 1. She reviewed the map which detailed where each phase is located in the park, as well as the restaurant and ship store building elevations. She reminded council that the exterior finish will not be masonry. With no one else wishing to speak the public hearing was closed at 7:28. (Councilmember Mikulec arrived at 7:25.) Councilmember Marks requested an executive seSSIOn at 7:28 which ended at 7:35. Motion to approve- Harris; second by McCourry; motion passed with all ayes. Item 3.4 was moved up on the agenda. 3.4 Discuss and consider approval of a resolution authorizing the mayor to enter into a pre-annexation agreement for Waters Edge (SI06-0057, Bateman) Donna Bateman advised the council that most property owners had submitted their written approval of the agreement, and reviewed which lots in the subdivision were remaining. It was noted that there are three common areas that the president of the homeowners association should be able to approve for inclusion, however according to the city attorney that person will need a resolution from the HOA authorizing him to approve those lots being included in the agreement. 2 March 5, 2007 City attorney Bob Hager advised the council that if some property owners refuse to enter into the agreement, their lots would not be bound by the city's codes prior to the annexation. L "1 .1 J. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider approval of an ordinance regarding a rezoning request to amend the required setback to Planned Development 2 (PD 2). The property is located at the northeast corner of West Lake Highlands Drive and Lake Park Drive, commonly known as 4617 West Lake Highlands Drive (Z06-0005, Bateman) l: \ Mayor Dillard opened the public hearing at 7:51. He stated this item needs to be continued until the March 19th council meeting. Motion to continue the public hearing at the March 19th meeting- McCourry; second by Marks; motion passed with all ayes. 3.5 Discuss and consider approval of a site plan for D&R Floors. The 0.207 acre tract is located at 7026 Elm Street (SP06-0010, Bateman) Donna Bateman said this site plan is for office/warehouse space for a flooring store. She reviewed the building exterior, parking, landscaping and masonry wall. She added the plans for this project were submitted prior to the overlay district approval. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.6 Discuss and consider approval of a resolution authorizing the city manager to enter into an engineering services contract with Freese and Nichols, Inc. for the design of an emergency generator at Office Creek Pump Station (Scruggs) City Engineer Gordon Scruggs eXplained this generator will serve as a back-up power source for the Office Creek Pump Station. This contract is for preparation of plans and specifications for installation, bidding process and construction phase servIces. Motion to approve- Marshall; second by Harris; motion passed with all ayes. 3.7 Discuss and consider approval of a resolution authorizing the city manager to enter into an engineering services contract with Freese and Nichols, Inc. for expansion of Master Lift Station 1 (Scruggs) This request is in accordance with the Master Lift Station Capacity Schedule of Improvements Report completed in February 2006, and includes the recommended Phase I and Phase 2 improvements. The design will expand the plant from 4.5 million gallons per day to 10 million gallons per day. The contract includes preliminary design, final design, bid and advertising services, 3 .1:.4? U:... '-' March 5, 2007 and construction phase services. approximately sixteen months. Completion of the project will take Motion to approve- Harris; second by Marshall; motion passed with all ayes. 3.8 Discuss and consider authorizing a city bank account, designated for the arts, to collect rental and ticket revenue (Cultural Arts Board) Neil Whitmore of the Cultural Arts Board asked the council to approve setting up a separate account in which to deposit Lakeside Arts building rental money, and that the money in the account be earmarked for arts events. City Manager Dale Cheatham advised that a separate fund can be set up for revenues and expenditures. Motion to approve establishing a ftmd for the Cultural Arts Board for revenues and expenses- McCourry; second by Harris; motion passed with all ayes. 3.9 Receive presentation, discuss plans and funding options, and consider authorizing the Cultural Arts Board to plan an arts event with the New York City Ballet for July 2008 (Cultural Arts Board) Amy Manual of the Cultural Arts Board made a presentation to council regarding the proposed event. The individual dancers were named and the proposed budget was reviewed. She added that she felt there would be no problem using the high school to hold this event. Councilmember Harris asked that she get a firm commitment from the high school and asked that the city attorney review any agreements from the ballet company. In response to Councilmember Marshall's questions regarding attendance, Ms. Manual voiced her confidence that there would be no problem selling out the performances, due to the number of dance students and their families in the area. She added that advertising and promoting the event would bring attendees from a broad area that might otherwise have no interest in the ballet. Dale Cheatham advised that funding for the event would come 100% from hotel occupancy tax. Motion to direct the Cultural Arts Board to move forward with planning this event, and to seek signed agreements from both LISD and the ballet company; to return to council with a revised budget, advertising ideas and status within 60 days- Harris; second by Marks; motion passed with all ayes except for Marshall who voted no. 3.10 Discuss and consider adoption of a Use Policy for the Lakeside Arts Center (Cultural Arts Board) Kate Margolis, staff liaison for the Cultural Arts Board, advised the council that the board finished their revisions of the use policy, which establishes the guidelines for rental of the facility. Neil Whitmore added that Section V. Charges is not completed yet; they are currently working on a rate structure. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. 4 March 5, 2007 ;r A " U ';1 q U I 4.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding an agreement with the BilIingsleys and the City of The Colony concerning development of Austin Ranch. Reconvene to Open Session 4.2 A. Any action as a result of executive session regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. No action. B. Any action as a result of executive session regarding an agreement with the BilIingsleys and the City of The Colony regarding an agreement for development of Austin Ranch. No action. And with no further business to discuss the meeting was adjourned at 9:32 p.m. APPROVED: '., ~/4 C '/7 ~-- ~:5~ d~ ~ Juliu . ta;May~' ~ ~._~ City of The Colony ATTEST: ~~lJcV \J-l~",- nstie Wilson, TRMC, City Secretary 5