Loading...
HomeMy WebLinkAbout07/02/2007 City Council MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JULY 2, 2007 . ... riO 'j d U OJ U July 2, 2007 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:07 p.m. on the 2nd day of July 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 (Arrived at 7:19 p.m.) Present Present Absent Present And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input - Melvina Sparks asked the council to outline their roles and responsibilities. Announcement of upcoming civic events and activities 1_ Mayor Dillard announced the cancellation of all July 4th Liberty By The Lake afternoon and evening festivities. He stated The Liberty 5K and 1 Mile Fun Run activities would still take place, weather permitting. A tentative reschedule date of Saturday, September 1 st has been set. The Mayor also reminded everyone to take safety precautions when boating. The Mayor announced the next council meeting would be held on July 16th at The Tribute. I 2.0 I CONSENT AGENDA Councilmember McCourry requested Item 2.4 be removed for discussion. 2.1 Consider approval of minutes of council meeting held June 18, 2007 (Schrag absent) (Kelly) 2.2 Consider approval of a resolution accepting the March 30, 2007 Quarterly Investment Report (Koo) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. , c;: (' " . , ' ,,; () u j x July 2,2007 2.3 Consider approval of a resolution authorizing the city manager to execute a Release and Settlement Agreement with CoServe for damages caused by trimming and removal of trees in connection with installation of electric utility lines in B.B. Owen and Turner Street parks (Helms) 2.5 Consider approval of a resolution terminating the existing professional services contract and authorizing the city manager to execute a revised professional services contract with Dunkin Sims Stoffells, Inc. for the Shoreline Trail project (Helms) Motion to approve above consent agenda items- Harris; seconded by McCourry; motion passed with all ayes. 2.4 Consider approval of a resolution authorizing the city manger to execute a Settlement and Indemnity Agreement with Adolfson Peterson for irrigation repairs at Five Star Athletic Complex (Helms) Councilmember McCourry asked the number of days during the scheduled repairs any zone in the complex could be without irrigation and the number of days allowed for completion of all repairs. Pam Nelson, Parks and Recreation Director, stated no more than fifteen (15) consecutive days without irrigation and that all repairs must be completed within 180 calendar days. Motion to approve- McCourry; seconded by Harris; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS Mayor Dillard announced Items 3.1 and 3.2 would be combined for discussion. The Mayor also pulled Item 3.10 until the next meeting when the owner and developer could attend. 3.1 Discuss and consider approval of a site plan for Lot 4A Block D of The Lochs Phase lA at The Tribute being a 1.89 acre tract located west of Inverness, south of Lebanon. An amenity center is proposed for the site (Tribute Amenity Center- The Lochs, Bateman) 3.2 Discuss and consider approval of a site plan for Lot lA Block A of Aberdeen at The Tribute being a 1.24 acre tract located at the corner of Milburn Court and Strathmill, north of Dunverny. An amenity center is proposed for the site (Tribute Amenity Center- Aberdeen, Bateman) Donna Bateman, Planning Services and Inspections Director, presented information regarding an amenity center to be located in The Lochs Phase lA at The Tribute. The proposed amenity center includes a private pool area, trellis, and a 712 square foot restroom facility. Donna stated the amenity center to be located in The Tribute Aberdeen would include a private pool area, recreation area, a 384 square foot building with restrooms, a tot pool, shade structures, and a walking trail. 2 'J I ;-:- U July 2, 2007 ',/ v U ' d Motion to approve Item 3.1- McCourry; seconded by Harris; motion passed with all ayes. Motion to approve Item 3.2- McCourry; seconded by Harris; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider an ordinance amending Ordinance 00-1205 for a Specific Use Permit to allow outdoor storage at an existing home improvement store. The 13.38 acre site is located on the north side of S.H. 121, east of Paige Road and south of Memorial Drive (Home Depot, Bateman) Donna stated the outdoor areas at the site have grown and that approval of the proposed outdoor display/storage area will result in a loss of 57 parking spaces. She said the Planning and Zoning Commission recommends approval with the following conditions: (a) "No Overnight Tractor Trailer Parking" signs are placed at each entrance of the property and (b) the fire suppression system be connected to city lines and the water storage tanks removed before October 31, 2007. Councilmember Mikulec asked who would be enforcing the overnight tractor trailer parking. Donna stated the police department would enforce if signs were put in place prohibiting overnight tractor trailer parking. The public hearing was opened at 7:29 p.m. and closed at 7:29 p.m. with no one wishing to speak. Motion to approve the amended SUP with stipulations that the water storage tanks are removed and the fire suppression system be connected to city lines by October 30,2007, and the signs stating "No Overnight Tractor Trailer Parking" be installed at the entrance to the property- Harris. Seconded by McCourry; motion passed with all ayes. 3.4 Discuss and consider approval of a revised site plan for Lot 1 Block A of the Paige Road Elementary School Addition being a 10.0 acre tract. The property is located east of Paige Road approximately 2,300 feet north of South Colony Boulevard, commonly known as 6350 Paige Road. The purpose of the revised site plan is to allow five (5) portable buildings (LISD- Morningside Elementary, Bateman) Donna stated there are currently three (3) portable buildings in place at Morningside Elementary. Two (2) additional buildings are being requested. Staff has discussed traffic and parking concerns with representatives from LISD. The Planning and Zoning Commission requests the portable buildings be numbered in the event emergency response is needed, and that LISD perform a Transportation Impact Analysis (TIA). Donna clarified these are requests and not requirements. At 7:40 p.m. Mayor Dillard requested an Executive Session to consult with the city attorney regarding this item. The Regular Session reconvened at 7:52 p.m. 3 ,~-: LU . <uuU U '-c' July 2, 2007 Motion to approve with the two requests from the Planning and Zoning Commission- Harris; seconded by Marks; motion passed with all ayes. 3.5 Discuss and consider approval of an ordinance adopting the Comprehensive Plan for the City of The Colony. The Comprehensive Plan will guide future development of the city. (Comprehensive Plan, Bateman) Donna presented the major changes being proposed in the comprehensive plan. Bob Hager, City Attorney, reminded council that a public hearing was held and the proposed changes are a result of that hearing. Motion to approve- Marshall; seconded by McCourry; motion passed with all ayes. 3.6 Discuss and consider an amendment to Chapter 6, Article IX (Accessory Structures) of the Code of Ordinances regulating donation boxes within the city (Donation Boxes, Bateman) Donna presented a draft ordinance with updates. Those updates include adding a definition for donation boxes, prohibiting placement within a residential zoned district, requiring an annual registration/permit, and requiring property owner consent. Council discussed location, parking concerns, maintenance, building material, color, and size requirements for the boxes. Motion to approve with thefollowing stipulations: Removal of regulation requiring boxes be located behind the primary building site, adding regulations prohibiting placement that hinders emergency vehicles, and prohibiting placement in required parking spaces or handicap parking spaces- Harris. Seconded by Marks. Motion passed with the following vote: Ayes- Dillard, Harris, Marshall, McCourry, and Marks Nos- Mikulec 3.7 Discuss and consider approval of an ordinance amending the Code of Ordinances, Chapter 6, Article VI, Section 6-131 to provide for the adoption of the engineering design manual dated May 2007 (Scruggs) Gordon Scruggs, City Engineer, stated the primary changes include reference updates to the most recently published technical documents, the addition of specific computational procedures for design requirements, requirements for irrigation and landscaping of medians, the City Engineer will maintain Standard Construction Details, and consolidating engineering design requirements from the Code of Ordinances into the manual. Gordon said input was received from the public, staff, engineers and developers. Motion to approve- McCourry; seconded by Marshall; motion passed with all ayes. 3.8 Discuss and consider approval of an ordinance amending the Code of Ordinances, Appendix B Subdivision to provide changes necessary for consistency with Engineering Design Manual dated May 2007, to provide for specific requirements for grading plan approval, time limitations on plan approvals, and to specify requirements for contracts with bonds (Scruggs) 4 July 2, 2007 .' .J L~ (j 0 " . Gordon stated approval of the updated engineering design manual warranted this amendment in order to remain consistent with the requirements regarding approval for grading plans, time limitations on plan approvals, and requirements for contracts with bonds. Motion to approve- Marshall; seconded by McCourry; motion passed with all ayes. 3.9 Discuss and consider approval of a resolution authorizing the city manager to execute a construction services contract with Camino Construction for Phase IA of the residential water main replacement program (Scruggs) Gordon stated bids for the proj ect were opened on June 19, 2007 and the low bidder was Camino Construction. He said Camino Construction has done work for the city in the past with positive results. Motion to approve- Marshall; seconded by Marks; motion passed with all ayes. 3.10 Discuss and provide guidance to staff on how to proceed with construction of Memorial Drive from Worley to South Colony (Scruggs) Item 3.10 was pulled until the next meeting when the owner and developer could attend. Bob Hager stated Items A and C would not be addressed. Executive Session was convened at 8:34 p.m. 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. Reconvene to Open Session at 9:29 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. 5 -~ . .: i. J () .: ,~) Li; - July 2, 2007 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. And with no further business to discuss the meeting was adjourned at 9:29 p.m. APPROVED: hn Dillard, Mayor ity of The Colony ATTEST: f ') CJ~~Af Lu~00 Christie Wilson, City Secretary 6