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Home My WebLink About05/07/2007 City Council ... ~ n'-" __ rc,.~" /~. ~JJ Mu} 7,2007 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 7, 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 7th day of May 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 Present Present And with seven council members present a quorum was established and the following items were addressed: ~ ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayor Dillard introduced Lisa Leary. Lisa explained a new volunteer program called Friends of The Colony, and encouraged individuals and groups to participate. Proclamations- Police Week- presented to Police Chief Joe Clark; Building Safety Week- presented to Planning Director Donna Bateman; Recognition of The Colony High School Girls Soccer Team accomplishments- proclamation presented to Coach Nichole Jund. Ms. Jund introduced each member of the team. A representative from Senator Jane Nelson's office expressed congratulations and added that the team is invited to the Capitol to be recognized in the Senate chamber. Councilmember Harris read a congratulatory letter from Congressman Michael Burgess. Mayor Dillard added that the city would like the team to be Grand Marshalls of the July 4th parade. Citizen Inout- David Bayliss thanked the council for scheduling the upcoming special meeting to discuss the proposed shoreline trail. Tony Seiler asked to speak at this time on item 2.7. He asked the council to consider other options for the new logo, and requested that the full name be on one line rather than on two. Announcement of uocoming civic events and activities 1_ Unveil new city logo- Communications Director Diane Baxter displayed the proposed new logo for the I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. K ,-'. .. (. t, f'J ( l\Iay 7, 2007 2.3 city. She stated that if approved, the city's new web page would use the logo when it goes live next week. Terry Gilman provided an update on new solid waste service. Allied Waste will start services on June 4th. Information on the change over is being provided to residents. He also summarized the cleanup efforts following a storm the previous Wednesday evening. Public Works, Fire and Police departments worked diligently to ensure the residents safety, and that cleanup efforts progressed effectively. A debris disposal site is set up at Hawaiian Falls parking for residents to take tree limbs, etc. to and will be available through May 13th. Several loads have been removed by Allied Waste, IESI and Waste Management, and city staff has worked over seventy hours of overtime. The total cost to date for cleanup is $15,000.00. I CONSENT AGENDA I Consider approval of minutes of council meetings held April 16th and 23rd, 2007 (Kelly/Wilson) " Consider approval of an ordinance amending the 2006-2007 annual budget to provide financing for the expansion of the parking lot north of Hawaiian Falls (Koo) Consider approval of a resolution authorizing the city manager to enter into a bank depository contract (Koo) Consider approval of a resolution accepting the city's Quarterly Investment Report (Koo) Consider approval of an addendum to the pre-annexation agreement for Water's Edge to include the remaining signatures from property owner (SI06-0057, Bateman) I 2.0 2.1 2.4 2.5 2.6 Motion to approve above consent agenda items- Schrag; second by McCourry; motion passed with all ayes. Councilmember Marks asked for item 2.2 to be discussed separately. 2.2 Consider approval of Community Center Policy amendments (Nelson) Councilmember Marks asked for some clarification regarding city employee use of the facility. The new policy allows for an employee to take responsibility for the building if they choose and eliminate the need for an additional paid staff person to be on site. All other requirements ofthe policy would apply. Motion to approve- Marks; second by Harris; motion passed with all ayes. Councilmember Marshall asked for item 2.7 to be discussed separately. 2.7 Consider approval of a resolution adopting a new city logo (Baxter) Councilmember Marshall asked if other options could be considered that would address Mr. Seiler's concerns. The City Attorney (Karen Nelson) said that the resolution as written does not include the colors. Councilmember Schrag said the he likes it and doesn't see the placement of "the" in the name as an issue. Councilmember Harris agreed but asked that it be tabled until May 14th. Motion to table until the May 14tft special session- Harris; second by Marshall; motion passed with all ayes. 2 l; n.l ", ."~ ./ -- May 7, 2007 [Iohj REGULAR AGENDA ITEMS I (~1a yor Dillard announced that the agenda items will be addressed in the following order.) 3.10 Discuss and consider approval of a site plan for Centre at The Colony. The 2.7 acre tract is located east of Standridge Drive approximately 300 feet south of Memorial Drive. (SP07-0002, Bateman) Donna Bateman told the council this site plan is for 3 acres, and that this is the first under the new gateway overlay guidelines. She said there will be two buildings, approximately 25k square feet each, and both will share a parking lot. The buildings will face the street. She reviewed the landscaping and elevation plans, and added that the buildings will be 100% masonry. Motion to approve- Schrag; second by McCourry; motion passed with all ayes. 3.11 Discuss and consider approval of a site plan for Staples Office Supply Store. The 5.9 acre tract is located at the northeast corner of S.H. 121 and F.M. 423. (SP07- 0004, Bateman) Donna Bateman explained this site plan is for a portion (east side) of the former Albertson's building, and is requiring site plan approval because it creates a new entryway. The existing front door will be used by the tenant who will occupy the remaining portion of the building. There will be no changes to parking lot or landscaping. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the city manager to execute an Option Agreement between the city and Wynnwood Peninsula, Ltd., Matthews Southwest, for the future purchase of a water well to be constructed in Wynnwood Peninsula (Johnston) Assistant City Manager Tony Johnston advised that this agreement provides an option for the city to purchase this private water well in the event the developer has to abandon it for any reason. Tony noted there were a few changes requested from the draft in the council packet. An expiration date of 20 years from effective date, a specific land area of .028 acres was added, "at fair market value" and a signature line for Kristian Teleki were added. Motion to approve to include recommended changes- McCourry; second by Schrag; motion passed with all ayes. 3.5 Discuss and consider approval of an ordinance amending Chapter 12 of the Code of Ordinances, Municipal Utilities and Services Article V Well Drilling, to provide regulations for maximum annual water removal, flow metering and reporting for water wells (Scruggs) 3 \l~4G8 May 7, 2007 Gordon Scruggs told the council this amendment adds a requirement for future wells to have an annual maximum water flow rate, metering and reporting. Motion to approve- Schrag; second by McCourry; motion passed with all ayes. 3.6 Discuss and consider approval of the issuance of a permit for a water well on the property owned by Wynnwood Peninsula, Ltd., recorded in County Clerk's file 2006-43169 Real Property Records, Denton County, Texas (Scruggs) Gordon advised that Matthews Southwest is requesting a permit for a second water well on their property to be used for irrigation and make-up water for ponds and lakes. He added that the well will not negatively impact water production for drinking water because of its proximity and rate of pumping. The well will be limited to an annual maximum flow of 256 million gallons per year. The permit application meets the requirements of the city's code of ordinances. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. 3.1 Conduct a public hearing, discuss and consider approval of a resolution adopting the proposed Amendments to Land Use Assumptions and Capital Improvements Plan for Water and Wastewater relating to Impact Fees (Scruggs) Gordon introduced John Akin of Kimley Horn who summarized the land use assumptions, water and wastewater key projects, the impact fees for capital improvements and the basis for the fee calculations. Councimember McCourry asked about the wording on 1.9 Project Descriptions, "Wynnwood" pump station, adding that the location may change. Gordon advised they would remove the word "Wynnwood". Public hearing was opened at 8:30 p.m. Tony Johnston told the council that the old report included a line to the North Texas Municipal Water District. In addition he stated this report reflects input from developers. Public hearing closed at 8:34 p.m. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.2 Receive presentation, discuss and provide direction to staff regarding water and wastewater impact fees (Scruggs) Gordon presented information to council for discussion regarding water and wastewater impact fees. Currently there is a different fee assessment for Wynnwood Peninsula and staff is recommending the entire city be uniform. Also, staff would like to charge the same fees for 5/8" and %" meters for single family residential. This should alleviate some low pressure issues residents are experiencing. Existing meters could be upsized from 5/8" to %" at single family residential homes for only the cost of the new meter and installation. (that is no additional impact fees). He added the proposed fees are "maximum assessable fees". The base fee was compared to other cities. 4 , I~ t \~ . .:.,: <:; '-J May 7, 2007 After considerable discussion, Councilmember McCourry summarized the consensus of council: I) one service area for the entire city; and 2) continue a separate fee for 5/8" and %" meters. 3.3 Discuss and consider approval of a resolution establishing June 18, 2007 as the date for a public hearing regarding the Amendment of Water and Wastewater Impact Fees (Scruggs) Motion to approve- McCourry; second by Harris; motion passed with all ayes. 3.7 Discuss and consider approval of a resolution authorizing the city manager to enter into a construction services contract with Tiseo Paving to re-construct Paige Road from South Colony Boulevard to North Colony Boulevanl (Scruggs) Gordon reviewed this contract with council, stating that Paige Road will become six lanes and that new water, wastewater, storm drainage will be installed as well. It also includes a 20" force main for future conveyance of wastewater from the future Austin Ranch Lift Station to the city's wastewater treatment plant. There will be no left turns from southbound Paige into Morningside Elementary or left turns onto Paige from the school. LISD was notified of this change in the median cuts and has elected not to modify their entrance driveways into the school. Gordon said this is a 16 month project that should start this June. Gordon advised that the right lane from Paige onto eastbound North Colony is planned as a turn-only lane. Councilmember Marks requested that be reconsidered. (Later in the meeting Mayor Dillard added that the funding source for this project is the Memorandum of Understanding regarding SH 121 tolling.) Motion to approve- McCourry; second by Marks; motioll passed with all ayes. 3.8 Discuss and consider approval of a resolution authorizing the city manager to enter into a construction services contract with Tiseo Paving to re-construct eight Phase IlIB residential streets, Blair Oaks from South Colony Boulevard to Arbor Glen, a portion of alley between Roberts and Thompson, and the parking lot at Perryman Park (Scruggs) Gordon advised this contract is for the next eight streets on the replacement schedule, and that they are equally in the same condition. He added that Blair Oaks is considered a priority for this summer due to school starting up in the fall. There was brief discussion about the possibility of making the streets one-way during construction. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 5 c"~, . l .._ ,1' ' 'l.... A . ..J.>- May 7, 2007 3.9 Discuss and consider approval of a resolution authorizing the city manager to sign a contract for a roof replacement at the Parks & Recreation Gym with pricing available through the U.S. Communities Cooperative Agreement (Gilman) Councilmember McCourry announced that he is abstaining from discussion and voting on this item, and that he submitted a Conflict of Interest document to the city secretary. He then stepped away from the dais. Terry Gilman reviewed the roofing project, and stated that it will take 2-3 weeks to complete. Some insulation will be replaced, and he recommends that activities in the gym be suspended during the construction project. Mayor Dillard advised Terry to try and use a reflective white roofing material. Motion to approve- Harris; second by Schrag; motion passed ~ with all ayes. (Councilmember McCourry abstained) 3.12 Discuss and give staff direction regarding the use and regulation of donation boxes throughout the city (SI07-0007, Bateman) Donna Bateman advised this item originated from a complaint made to the Code Enforcement Advisory Board. The donation boxes are considered accessory structures and are not allowable in commercial zoning districts. Only one of the present collection boxes belongs to a local organization (Lions Club). She then reviewed how some other cities address this issue. Discussion followed among council members on whether to allow these boxes, and possible permitting procedures. General direction was provided to staff regarding exterior colors, setbacks and how many per lot might be allowed. Excutive Session was convened at 10:25 p.m. I 4.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into closed executive session pursuant to Section 551.071(2) of the TEXAS GoVERNMENT CODE to consult with the city attorney regarding development agreements with CNL Income Partners, LoP. and Horizon Amusement Southwest regarding the development of Hawaiian Falls. Following discussion on 4.1 A Council recessed from 11: 17 p.m. until 11 :27 p.m. B. 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. C. 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. 6 ~l-! \' l...: /:1 ~- ~ May 7, 2007 Reconvene to Open Session at 12:38 a.m. Mav 8,2007. 4.2 A. Any action as a result of executive session regarding development agreements with CNL Income Partners, LoP. and Horizon Amusement Southwest regarding the development of Hawaiian Falls. Motion to authorize the city manager and staJJto strictly enforce the required building code, site plan, and zoning regulations or applicable provisions of the lease agreement with CNL Ltd. Partners and Horizon Amusement Southwest regarding operation of Hawaiian Falls- Schrag; second by Marshall; motion passed with all ayes. B. 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. C. Any action as a result of executive session regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. No action. And with no further business to discuss the meeting was adjourned at 12:40 a.m. on May 8,2007. APPROVED: ATTEST: 7