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Home My WebLink About06/18/2007 City Council ~ "!(")~\ \j ii. (I , June 18,2007 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 18, 2007 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 18th day of June 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 - Friendship Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognize Michelle Euler and Terry Gilman- Mayor Dillard read and presented proclamations recognizing these two city employees for rescuing a child from a flooding drainage area on May 30, 2007. Fire Chief Mike Nolen also presented both with pla~ues. Recognize 30t Anniversary Poster Contest winners (P&R)- Emily Fox and David Swain announced the finalists and winners in the poster contest. Citizen Input- Sharon Bell asked council to allow the citizens to view and provide feedback on city logos that are being considered. Also, she spoke in favor of public transportation in our area. Announcement of upcoming civic events and activities 1_ Announce Co-Serve Charitable Foundation Board of Directors grant of $4,475 to The Colony Public Library for support of the Live Homework Help service. Library Director Joan Sveinsson said that this service is free and is remotely accessible from 3-10 p.m. year round. Councilmember McCourry stated that the local American Legion Post is one year old, and that they now have over seventy members. Meetings are the second Wednesday of each month. Also, they are starting a motorcycle riders group for those who are interested. I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. , ,~, \B' 0 G ,-}. , June 18, 2007 I 2.0 I CONSENT AGENDA Mayor Dillard announced that item 2.7 would not be addressed. 2.1 Consider approval of minutes of council meeting held June 4,2007 (Wilson) 2.2 Consider approval of council expenditures for May (Council) 2.3 Consider approval of a resolution authorizing the city manager to execute an Interlocal Agreement with Denton County for property tax collection (Koo) 2.4 Consider approval of a resolution expressing official intent to reimburse costs of projects (Koo) 2.5 Consider approval of a resolution directing publication of notice of intention to issue certificates of obligation (Koo) 2.6 Consider approval of a resolution supporting a suspension of the July 30, 2007 effective date of the Atmos Energy Corporation, Mid- Tex Division proposal for interim GRIP rate adjustments for gas utility investment in 2006 (Sparkman) Motion to approve- McCourry; second by Marshall; motion passed with all ayes. Not addressed 2.7 Consider approval of payment to MarineQuest for the base rent paid by JT's to the City for utilities and use of the concession building at Hidden Cove Park since January of 2005 (Nelson) I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss and consider adoption of a resolution relative to the S.H. 121 Comprehensive Development Agreement (CDA) process or vendors, and provide guidance to staff in the prioritization of eligible concession funding projects (Eubanks) Public Works Director Steve Eubanks said this item is for council to provide guidance to staff about prioritizing a list of projects that will be submitted to the North Central Texas Council of Governments to be considered for available funding through the CDA. The projects should be those that benefit air quality. At 7:30 p.m. Mayor Dillard requested an Executive Session to consult with Special Counsel Ryder Scott about this process. The Regular Session reconvened at 8:40 p.m. Council determined that there would be no additions to or deletions from the list. Each council member then ranked each item according to what they believed should be priority. After tabulating the responses City Attorney Bob Hager read the resolution that will have the list attached with the council's order of priority. (Exhibit A) 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 amending the Impact Fees for Water and Wastewater (Scruggs) 2 \c.JG488 June 18, 2007 City Engineer Gordon Scruggs reviewed the schedule of fees and the comparison made with other cities. He added that the existing two service areas will be combined into one. The public hearing was opened and closed at 8:59 p.m. with no one wishing to speak. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.3 Discuss and consider approval of a resolution authorizing the city manager to execute a contract for the purchase of New World Systems Police and Fire software and associated hardware (Plemons) Chief Clark expressed his appreciation to City Manager Dale Cheatham as well as all the individuals who provided input on this project. Police Captain Chris Plemons made a presentation to council which included current situations, goals and requirements, selection of software, benefits of upgrading the system and the recommendation to council. It was noted that converting existing data into the new system would add approximately $30,000 to the cost so it was decided to leave the current system up until required retention periods for the data have been met. Training is included up to 800 hours. After the first year's warranty, a yearly maintenance agreement cost will be included in the budget. Motion to approve including all Exhibits as listed- McCourry; second by Marks; motion passed with all ayes. 3.4 Discuss and consider approval of a site plan for Lot 3, Block A, of the South Colony Retail Center being 0.87 acres located on the east side of F.M. 423, approximately 500 feet south of South Colony Boulevard. A self serve car wash is proposed (SP07-0005, Bateman) Donna Bateman explained this is a fully automated drive through car wash. She reviewed the site plans, adding that the developer took the future widening of Main Street into consideration. Motion to approve, including attachments 3, 4, and 5- McCourry; second by Marks; motion passed with all ayes except for Harris and Schrag who voted no. 3.5 Discuss and consider granting an extension for a temporary building on Lot 1, Block A, of the First United Methodist Church Addition being 4.1 acres located at the northwest corner of Paige Road and Avery Lane (SP07-0006, Bateman) Donna stated that the church is requesting a one year extension for their portable building permit. Planning and Zoning recommends approval. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.6 Discuss and consider approval of an ordinance amending Chapter 6, Article II, of the Code of Ordinances as it relates to the sign ordinance (SI06-0020, Bateman) 3 .; l~ :.1 \J U June 18, 2007 Donna reviewed the adjustments made to the ordinance per council's previous requests. Those include menu boards up to 72 square feet, single-tenant monument signs to up to 100 square feet, maximum area for banners to 80 square feet, and temporary signs at 6 square feet. She provided a handout of an additional request that includes Section 6-28 (L) for Subdivision Entry Sign regulations. Donna said that several definitions have also been added or amended. And, she reviewed other new sections that have been included. Councilmember Harris questioned the allowable size for a political sign being 36 square feet. City Attorney Bob Hager referenced the Texas Local Government Code Section 216.903 that regulates political signs. After considerable discussion it was decided to rephrase the ordinance to say "collectively no sign or signs may exceed 36 square feet and may be no more than 8 feet in height". This would be regardless of sign content. It was noted that any existing signs are "grandfathered" upon passage of the revised ordinance. Motion to approve with the modification to political signage size and height by adding in "collectively", and to add additional Section 6-28(L)- Harris; second by McCourry; motion passed with all ayes except for Schrag who voted no. 3.7 Discuss and consider approval of a resolution authorizing the purchase of solar school zone signs from single source provider Raptor Controls (Sparkman) Pubic Works Director Steve Eubanks reviewed this request to add more solar powered school zone signs. Existing signs will not be replaced with this purchase except for two on Paige Road due to the widening of the road. 3.8 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering services contract with Kimley-Horn and Associates, Inc. for design of an elevated storage tank at the Wynnwood Pump Station (Scruggs) Gordon Scruggs said this contract includes final design, bid services, and construction phase services. The elevated storage tank will be designed for compliance with TCEQ criteria, as well as electrical, FAA lighting requirements and modification of controls from existing pressure tank. Councilmember McCourry requested that the developer be consulted about possibly using a "golf ball design" for the tank. Kimley-Horn representative advised this could be included in the bid specifications as an option. Motion to approve- Schrag; second by McCourry; motion passed with all ayes. 3.9 Receive presentation, discuss and provide guidance to staff on how to proceed with construction of Memorial Drive from South Colony Boulevard to Worley (Scruggs) Assistant City Manager Tony Johnston advised the council that, except for Main Street, this is the last of the MOU projects. It includes a section of Memorial 4 '/9.l '.) 0'--:1 J line 18, 2007 from Blair Oaks to Paige Road where the developer has donated the land, and another section of Memorial east of Paige from Worley to South Colony. In discussions with the property owner, Sunflower Venture, Ltd., regarding dedication of right of way for the Worley to South Colony section, it was learned that there were two locations for median cuts to their property- one at Sundance and one at Worley. For Worley an extension of the existing culvert is required. Subsequently, the property owner agreed to donate the right of way and provide temporary construction easement if the storm drainage culvert at Worley if extended south to provide possible access to their site. The estimate cost for the culvert extension is $163,000.00, and the property owner is asking the city to pay this cost. Tony added that the 4A board was approached to possibly assist with funding but declined to do so at this time. He requested direction from the council on how to proceed. City Engineer Gordon Scruggs added that the culvert change is not necessary for roadway widening. The property owner wants the culvert moved before the roadway is built. It was noted that if the culvert is moved now, it may have to be moved again in the future for new development. Councilmember Harris stated that for the section from Worley to South Colony the dollars for this project can be reallocated elsewhere, and even if the right of way is donated, it may be better for us to consider relocating these funds as the developer may very well be responsible for building the road if the city does not. Also, when the property is platted the owner will need to, at that time, donate the right of way at no cost to the city. Harris- I make the motion that if the developer does not provide the city with signed documents this week to donate the necessary right of way, that we consider, at our next meeting, reallocating the funds for Memorial from Worley to South Colony. Regardless of that decision, we move forward with the plan to construct Memorial from Paige to Blair Oaks since we have the deeds for the right of way already. Councilmember Mikulec asked if that is enough time for the property owner to respond. City Manager Dale Cheatham advised they have had the documents for months so it is a matter of them making a decision and that he believed that is enough time for them. Councilmember McCourry asked for an amendment to the motion regarding the timeframe to respond. Harris- added to the motion "prior to publishing the next agenda" Motion was seconded by Councilmember Marshall. City attorney Bob Hager clarified that Councilmember Harris' motion was, "Not to consider the construction of Memorial Drive from South Colony Boulevard to Worley unless we receive the signed dedication of right of way prior to the next scheduled council meeting." Councilmember Harris added, "And, to proceed with the plan to construct Memorial from Paige to Blair Oaks." 5 . ,,,!Q,..' \,j '-:i. ,] '-' June 18, 2007 Motion passed with all ayes. Executive Session was convened at 10:45 p.m. Mayor announced that items A and C would not be addressed. I 4.0 I EXECUTIVE SESSION 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 Billingsleys and the City of The Colony concerning development of Austin Ranch. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. D. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. Reconvene to Open Session at 11 :05 p.m. 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 discussed. B. 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. C. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not discussed. D. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. 6 ~~...... . . ' u)i~ ~) \.' \J J line 18, 2007 And with no further business to discuss the meeting was adjourned at 11 :05 p.m. APPROVED: J n Dillard, Mayor ity of The Colony ATTEST: iJtl~fd,tig!~~ 7 (. ~ 'l.;, -. L :t u' '-:.t Exhibit A CDA Projects - The Colony projects for CDA funding consideration * Council Priority Project 18-Jun-07 1 Construct Memorial Drive underpass under BNSF railroad to access Spring Creek Dr. Resubmit project request to provide "unconditional" funding authorization 2 Widen Piano Parkway to 6 fanes (inside) from SH 121 to City limits south of Indian Creek Coordinate with City of Carrollton to widen PP to FM 544 3 (T) Widen North Colony Blvd. to 6 lanes (outside) from Paige Road to commercial center west of Main Street 3 (T) Widen Memorial Drive to 6 lanes from Paige Road to Standridge Drive to improve travel efficiency and minimize conflicts through commercial area 5 Construct Headquarters Drive from Spring Creek to Piano Parkway Coordinate with City of Piano 6 Install traffic signals to improve intersection efficiency at: Memorial and Standridge; Memorial and S Colony, and Memorial and Morningstar 7 Consider Paige Road extension north into Frisco connecting with Teel Parkway "Out of the box" idea to relieve congestion on FM 423. * By City Council Resolution June 18, 2007 August 6, 2007 The approved minutes for the City Council meeting held Junel8, 2007 shall be amended in red as follows: 3.7 Discuss and consider approval of a resolution authorizing the purchase of solar school zone signs from single source provider Raptor Controls (Sparkman) Pubic Works Director Steve Eubanks reviewed this request to add more solar powered school zone signs. Existing signs will not be replaced with this purchase except for two on Paige Road due to the widening of the road. Motion to approve- Man'iwll; .'I'(lColld by Harris; motion pm'sed with all ayes. This amendment to the June 18,2007 City Council meeting minutes adding the motion, second and vote on Item 3.7 is hereby authorized by council approval on this the 6th day of August, 2007. APPROVED: ATTEST: C~vJ>>- UJAiL~ Christie Wilson, City Secretary