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Home My WebLink About04/02/2007 City Council , !'" ;c; \..~ ".;t IJ {.. April 2, 2007 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 2, 2007 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 2nd day of April 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 Pres<fnt Present Absent And with six council members present a quorum was established and the following items were addressed: 2.2 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Fresh Manna Ministries Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input - Tori Long (Girl Scout Troop 582 asked the council to consider renovating Dave Cowan Park, adding that she had a petition signed by citizens in support of it. Announcement of upcoming civic events and activities 1_ Councilmember McCourry announced a court ruling regarding carbon dioxide being a pollutant. David Swain introduced Special Events Coordinator Emily Fox who announced the Easter Egg Hunt on April 7th at Five Star. Mayor Dillard advised that Councilmember Marks is absent and that city hall will be closed on Good Friday. I CONSENT AGENDA I Consider approval of minutes of council meeting held March 19, 2007 (Wilson) Consider approval of an addendum to the pre-annexation agreement for Water's Edge to include the remaining signatures from property owners (SI06-0057, Bateman) 12.0 2.1 Motion to approve above consent agenda items- Schrag; second by McCourry; motion passed with all ayes. 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. o}453 00 l Apnl 2, 2007 Councilmember Marshall asked that 2.3 be pulled from the consent agenda. 2.3 Consider approval of a resolution in support of the Cities Aggregation Power Project, Inc. (CAPP) legislative agenda (Sparkman) Councilmembers Marsh and Mikulec spoke in opposition of this resolution as written. No motion. I 3.0 I REGULAR AGENDA ITEMS I At this time Mayor Dillard stated he would like to pull item 3.4 until Councilmember Mark is present. Councilmember McCourry then stated that he wished to appeal the decision ofthe Chair. Mayor Dillard then asked for a vote of the council on whether to postpone item 3.4. Ayes- Dillard, Mikulec Nos- Harris, Marshall, McCourry, Schrag Mayor Dillard moved item 3.7 up in the agenda. 3.7 Discuss and provide staff direction regarding the candy distribution policy for parades (Harris) Councilmember Harris asked for this item on the agenda stating that the "policy" was not really enforceable, and if the city does not want to allow candy to be thrown to by-standers during a parade, that maybe an ordinance should be created. After a brief discussion the following motion was made. Motion to do away with the policy- Schrag; second by Harris; motion passed with all ayes except for Dillard who voted no. 3.1 Continue a public hearing, discuss and consider an ordinance to adopt the Comprehensive Plan for the City of The Colony. The purpose of the plan is to guide future development of the city (SI06-0028 Bateman) Public hearing on this item continued beginning at 7:25 p.m. Donna Bateman introduced Larry Reickert with Springbrook Planning Group who reviewed the plan. He added that he believes the projects in the plan can be realistically started within five years. He specifically reviewed long and short term Implementation Priorities. Citizen Don Blackwood spoke regarding "lake views", stating they are non-existent from the residential areas on the east of FM 423. He added there is some vacant acreage on the west side that does offer some views. Mr. Blackwood was in favor of the council holding a work session to discuss the plan further. Jeff Connelly also asked the council to take more time before approving a plan. Discussion among council included the lake views, town center, and transportation. Motion to close the public hearing- Marshall; second by Schrag; motion passed with all ayes. 2 .t' ;-lU.... ~,~ ~;::; L1 April 2, 2007 Motion to postpone any actiolJ and schedule a work session- Marshall; second by McCourry; motion passed with ayes. 3.2 Conduct a public hearing, discuss and consider approval of an ordinance for a Specific Use Permit for a restaurant with beer, wine, and/or alcohol sales. The property is located north of South Colony Boulevard, approximately 230 feet west of the intersection of South Colony Boulevard and Main Street. The property is commonly known as 4649 South Colony Blvd. (SUP07-0001, Bateman) Donna Bateman said this request is for a specific use permit for the on-premise consumption of alcoholic beverages. The public hearing was opened at 8: 17 p.m. Citizen Joyce Fulco asked whether there will be a problem with the day-care center across the street. City attorney Bob Hager advised that the Texas ,1. Alcoholic Beverage Commission will notify surrounding property owners prior to issuing any permits. The public hearing closed at 8:20 p.m. Motion to approve- Harris; second by Marshall; motion pass with all ayes. 3.3 Conduct a public hearing, discuss and consider adopting an ordinance regarding a city initiated rezoning from Planned Development 9 (PD-9) to Agricultural (A). The 300 +/- acre property is located east and west of Piano Parkway on the south side of State Highway 121 (SI07-0001, Bateman) Donna Bateman gave a brief history of this property, adding that the property owner opposes the rezoning and it will take all six council members present voting aye to approve the change. Public hearing was opened at 8:25 p.m. Citizens Jeff Connelly, Mike Lynch and James DePiazza spoke in favor of the rezoning. A representative of the property owner, Lloyd Ward, spoke in opposition. He said that the property along S.H. 121 will not develop until the (toll) road is finished, and that the surrounding properties are zoned commercial. He added that Agricultural status is not in the city's overlay plan for the area, and not included in Ordinance No. 862. The public hearing was closed at 8:31 p.m. Councilmember McCourry requested an executive session to consult with the city attorney. Executive session started at 8:35 p.m. and ended at 8:50 p.m. When the regular session reconvened, Mayor Dillard re-opened the public hearing and asked that item 3.3 be entered into the public record including the recommendations from Planning and Zoning. Public hearing then closed at 8:52 p.m. Councilmember McCourry asked Mr. Ward if there IS an ordinance with an approved development plan. Mr. Ward replied no. Motion to approve rezoning to agricultural per the recommendations of P & Z- Harris; second by Marshall; motion passed with all ayes. Recess from 8:55 p.m. until 9:02 p.m. 3 -'0455 April 2, 2007 3.4 Discuss and consider approval of a resolution authorizing the city manager to enter into an agreement with Allied Waste Services for commercial, industrial and residential solid waste and residential recycling (Eubanks) Public Works Director Steve Eubanks reviewed the process used to prepare and execute the Request For Proposals. He said the evaluation criteria included seven elements. Five proposals were received then opened on February 15, 2007. The solid waste working group reviewed and evaluated the submissions, and recommended Allied Waste Services for this six-year contract. Terry Gilman added that the new carts will be delivered the last week of May with Allied's service starting June 4,2007. Mayor Dillard voiced his concern as to this company's ability to provide services, and the proposed 15% increase in service cost. He mentioned ~ email that was forwarded to him reflecting another city's experiences.. In response, Councilmember Harris added that he had received an email as well indicating that city's satisfaction. The discussion continued regarding a recent issue the city of Fort Worth had with Allied Waste workers going on strike. Reid Donaldson with Allied responded that district is separate from Piano and Piano's workers are non-union. Citizen Input- Greg Roemer, Community Waste Disposal, asked the council to table the item for two weeks, adding that CWD's could provide services for less cost. He included an alternative to the landfill passes that were specified in the RFP. John Klaiber, Waste Management, thanked the council for the opportunity to serve the city for the past 3 Y2. years, and said that if necessary he would extend their existing contract past May 31 st if the city needed it. John Gustafson, IESI, thanked the council for the past contract. He briefly reviewed how his proposal differed from Allied. Reid Donaldson, Allied Waste, said that the problem that occurred in Carrollton was corrected in five days, and that they've had no issues in Wylie. Citizen Mike Lynch stated that while the city has had good luck in the past with IESI, Allied should be given a chance. Steve Eubanks reminded council that the RFP entailed more than price and reviewed the matrix included in the agenda packet which listed seven factors. Steve reviewed the pricing structure and added that no price increases could be requested during the first two years of the contract. Motion to approve per the recommendation of the solid waste committee- Harris; second by McCourry; motion passed with all ayes except for Dillard and Mikulec who voted no. 3.5 First reading and discuss an ordinance amending Section 19-10 of the Code of Ordinances to add a 40 mph speed limit on Lebanon Road (Eubanks) Steve Eubanks advised the council this is the first reading of a speed limit ordinance for the new portion of Lebanon Road that is nearing completion. He 4 . L '~5 G April 2, 2007 added the other sections of Lebanon are already at 40 mph. After a period of use the speed limits can be re-evaluated and adjusted as necessary. Bob Hager read the caption of the ordinance. 3.6 Discuss and consider approval of a resolution authorizing payment to the City of Carrollton for The Colony's portion of the costs to acquire easements for the construction of The Colony, Carrollton, and Lewisville water transmission line (Scruggs) City Engineer Gordon Scruggs advised this is the city's portion of the easement cost for the new water line. He added that the documents will be filed in the city secretary's office. Motion to approve- Harris; second by McCourry; motion passed with qll ayes. 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. Bob Hager stated the hearing date changed and no Executive Session is necessary. 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 Billingsleys and the City of The Colony concerning development of Austin Ranch. C. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Secretary contract amendment resulting from annual evaluation. 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. Not addressed. B. Any action as a result of executive session regarding an agreement with the Billingsleys and the City of The Colony regarding an agreement for development of Austin Ranch. No action. C. Any action as a result of executive session regarding City Secretary contract amendment. 5 K -.., 'LiS:.OI April 2, 2007 Motion to approve contract amendment as presented- McCourry; second by Mikulec; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at II :04 p.m. APPROVED: hn Dillard, Mayor ity of The Colony ATTEST: !1 Christie Wilson, TRMC, 6