HomeMy WebLinkAbout08/06/2007 City Council-SS
August 6, 2007
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MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
AUGUST 6,2007
The Regular Session of the City Council of the City of The Colony,
Texas, was called to order at 7:10 p.m. on the 6th day of August 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 -First United Methodist Church
Pledge of Allegiance to the United States Flag- Boy Scout Troops 281 & 226
Salute to the Texas Flag- Boy Scout Troops 281 & 226
Proclamations- loath Anniversary of Scouting-presented to the scouts present and
Dennis Hamilton of the Tonkawa District.
Citizen Input - Shelia Mundon and Alyce Ruffie invited the council members to a
Senior Council Appreciation Dinner on September 14, 2007 at the Community
Center. Kevin Albury spoke to the council concerning issues with the street
construction on Pemberton, Mayes and Lemmon. Mayor Dillard advised Mr.
Albury that staff would contact him regarding his concerns.
Announcement of upcoming civic events and activities 1_ Mayor Dillard read a
statement reminding citizens that an email subscription service from the city is
available. This service offers citizens the opportunity to receive agendas, press
releases, traffic updates, etc. Kirk Mikulec thanked the organizers of the National
Night Out event held in the Stewart Peninsula sub-division and members of the
U.S. Army who were present. Joe McCourry announced the American Legion
Post 21 monthly meeting on Wednesday at 7 p.m. Allen Harris announced that
the Legends sub-division will have their National Night Out event on Saturday
and that other events around town will be held on Tuesday, August ih.
1 These items are strictly public service announcements. No action will be taken and no direction will be given
regarding these items.
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August 6, 2007
I 2.0 I CONSENT AGENDA I
2.1 Consider approval of minutes of council meetings held July 2 and July 16,
2007 (Kelly/Wilson)
2.2 Consider approval of a correction to the minutes of the June 18, 2007 city
council meeting adding a motion and vote to item 3.7 (Wilson)
2.3 Consider approval of council expenditures for the month of June (Council)
2.4 Consider approval of a resolution authorizing the appointment of Sue Parks
as representative and Lorraine Clark as alternate representative to the North
Texas Regional Library System for the term ending August 31, 2009
(Sveinsson)
2.5 Consider approval of a resolution setting a public hearing for the proposed
budget for fiscal year 2007-2008 on August 20, 2007 at 7 p.m. (Koo)
2.6 Consider approval of a resolution adopting the revised Investment Policy
dated August 6, 2007 (Koo)
2.8 Discuss and consider approval of an ordinance amending the 2006-2007
budget to reimburse storm debris removal costs by transferring funds from
the Fund Balance to the General Fund Non-Departmental account
(Johnston)
Motion to approve above consent agenda items- McCourry; second by Schrag; motion
passed with all ayes.
Councilmember Harris requested that item 2.7 be discussed separately due to the dollar
amount involved.
2.7 Consider approval of a resolution authorizing the city manager to enter into
an amendment to the consulting contract by Weaver & Tidwell, L.L.P. for
auditing services for the year ending September 30, 2007 (Koo)
Finance Director Rebecca Koo advised this contract amendment will extend this
contract for an additional year to provide auditing services. She stated that $25k
will come from the General Fund and $25k will come from the Utility Fund.
Motion to approve- Harris; second by Marks; motion passed with all ayes.
I
an Alternate Municipal Court Judge
I 3.0
3.1
I REGULAR AGENDA ITEMS
Discuss and consider appointing
(Council)
Mayor Dillard pulled item 3.1 from the agenda. It was not discussed.
3.2 Presentation of preliminary municipal budget for FY 2007-2008 and
schedule a budget work session on August 15, 2007 (Koo)
Finance Director Rebecca Koo passed out a cover sheet to the council that is to be
added to the previously issued Preliminary Budget books. A new law this year
requires this particular statement be added as a cover sheet. Rebecca advised that
the certified tax roll for this year is 6.84% higher than last year, and that the
proposed budget is based on maintaining the same tax rate of $.715. The budget
work session is scheduled for August 15th at 6 p.m. at city hall, and the public
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August 6, 2007
hearing is scheduled for August 20th at 7 p.m. The proposed budget will be
available for viewing on the city's website.
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3.3 Conduct a public hearing, discuss and consider adopting an ordinance
amending Planned Development-14 (Ord. 07-1706), Hawaiian Falls Water
Park relating to a revised site plan. The 7.66 acre tract is located at the
northeast corner of Paige Road and Memorial Drive. The purpose of the
amendment is to modify the height of a new slide, to add a water walkway,
and allow for two additional buildings. (SP07-0011, Bateman)
Development Director Donna Bateman stated the purpose of this request is to
amend the height of a slide, and to add a storage building and a birthday hut.
Planning and Zoning recommends approval with the stipulations that fence
screening material already installed be placed on the inside of the chain link fence
and that any repairs to it be made within five days of any damage.
Mayor Dillard opened the public hearing at 7:46 p.m. Councilmember Mikulec
asked the applicant, Mr. Hill, where landscaping had been replaced. He advised
along Paige and Memorial, and along the parking lot. He also advised the fencing
material had been previously approved but the screening material has been added.
Public hearing closed at 7:54 p.m.
Motion to approve with the two stipulations as recommended by P&Z- Harris; second
by McCourry; motion passed with all ayes.
3.4 Conduct a public hearing, discuss and consider adopting an ordinance
amending Planned Development-16 (Ord. 99-1129) to allow for an age-
restricted apartment housing on approximately 5.38 acres located north of
SH 121, west of Morning Star Drive. The property is located in Tract D of
Planned Development-16 (PD-16). (Z07-0003, Bateman)
Donna Bateman advised this amendment would apply only to 5.38 acres located
in Tract D of PD 16. She reviewed the permitted uses and added that the
applicant has agreed to the 100% masonry requirement. The facility proposed is
restricted for age 55 and older. Councilmember Harris asked how the age
restriction could be enforced by the city. City Attorney Bob Hager advised the
city could have the applicant provide copies of the reports they submit to the state
by adding the requirement to the ordinance, and that it could be enforced as a
code enforcement issue. P&Z recommends approval but requested that a section
be added to the ordinance similar to that from Rockwall' s ordinance listing
specific uses. Mayor Dillard opened the public hearing at 8:05 p.m. Sandy
Jacobs and Tony Sisk representing the development gave a presentation pointing
out the features, letters of support, and financial aspects, adding this is not an
assisted living or nursing home facility. Mr. Sisk added the deed restrictions are
in place for 40 years, and that the parking is more than adequate with 1.3 spaces
per unit. The plan is for 145 units with a minimum of 700 square feet. Fourteen
of the units will be for low income residents. The average monthly rent is $657
for 90% of the units. Citizen Ken Vesey questioned the rent amount and Mr. Sisk
responded by saying they will be subsidized by the state. Public hearing was
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August 6, 2007
closed at 8:26 p.m. Bob Hager reminded council that the permitted uses apply to
this 5.38 acre tract only, not the entire PD.
Motion to approve with two stipulations recommended by P&Z (100% masonry & 1.3
parking spaces) and with city attorney's suggestion of reporting requirements
and a detailed site plan approval- Harris; second by McCourry; motion passed
with all ayes.
3.5 Discuss and consider approval of a site plan for Ross Dress for Less site
renovation. The 5.9 acre tract is located at the northeast corner of S.H. 121
and F.M. 423. The creation of a pedestrian walkway is proposed. (SP07-
0010, Bateman)
Donna advised the developer removed an exterior wall enclosure without prior
site plan approval. They are now requesting approval.
Motion to approve- Harris; second by Marshall; motion passed with all ayes.
3.6 Discuss and provide direction to staff regarding the Comprehensive Land
Use Plan and the Gateway Overlay District Regulations (SI07-0010,
Bateman)
Donna explained that when the Comprehensive Plan was approved it created
some discrepancies with the previously approved Gateway Overlay District. She
advised a developer is asking for some particular discrepancies to be resolved
quickly so they can proceed with a project. Staff advised that both documents
will be reviewed over the next year to resolve the conflicting areas, and
recommends not making changes one by one for particular developers. Bob
Hager recommended bringing back an ordinance to council that will address the
matter until the discrepancies are resolved in the documents. Council members
were polled on their opinions of whether to wait on the finalized document or to
address developer issues individually as they come up. All were in favor of
waiting, and also for an interim ordinance to be presented.
3.7 Discuss and provide direction to staff regarding red light camera
enforcement in the city (Clark)
Police Chief Joe Clark reviewed history and current usage of the red light camera
enforcement in other cities. He provided a summary of the legislation,
operational guidelines, and potential revenues. He recommended waiting two
years and re-evaluate. Council members were polled on their opinion of whether
to pursue this project now or wait. All council members agreed with waiting with
the exception of Councilmember Harris who stated he is in favor of the project
now. He cited safety and manpower as major reasons to go ahead with it.
3.8 Discuss and consider approval of a resolution adopting a proposed Mosquito
Management and Response Plan (Nelson)
Pam Nelson advised council the plan was prepared by Parks employee Jerry
Young. The plan identifies four phases of response to mosquito concerns, and is
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August 6, 2007 'J i~ C
modeled after the Texas Department of Health's Public Response Plan relating to u...c. 0
West Nile Virus. She reviewed the needs, types of mosquitoes and health
concerns they present. The plan recommends larvae control with fogging as a
later resort. Mayor Dillard asked what the funds are for that she requested ($19k
in 2007-2008 budget). She indicated it would be for fogging if necessary, and
fees for shipping and testing mosquitoes. She also said that the steps in the plan
are what city staff are doing now (except for fogging) and with council approval,
she said they could distribute it to citizens if requested. Council members
expressed concern over approving this item due to the budget not being passed yet
(could not expend funds not yet approved). City Manager Dale Cheatham
suggested no action be taken until after budget approval. Councilmember Joel
Marks suggested to residents to check around their homes for standing (stagnant)
water to help the problem.
Mayor Dillard requested item 3.11 be addressed next.
3.11 Discuss and consider approval of a resolution authorizing the city manger to
enter into an engineering services contract for design and construction
services for installation of the Austin Ranch lift station and force main
(Scruggs)
Gordon Scruggs advised this contract is for the design and construction phase
services for the installation of the Austin Ranch Lift Station and Force Main. The
services include preliminary and final design to handle the flows from the existing
Austin Ranch development that are currently sent to the North Texas Municipal
Water District for treatment. The contract includes geotechnical investigations,
surveying, and easement preparation. Bidding and construction phase services
will be brought to council for further authorization.
Motion to approve- Marshall; second by McCourry; motion passed with all
ayes.
3.10 Receive a presentation, discuss and provide guidance to staff concerning the
construction of Memorial Drive from South Colony to Worley (Scruggs)
City Engineer Gordon Scruggs reviewed the history of this item. He stated the
property owner has declined to donate right-of-way for the construction of two
eastbound lanes of Memorial but instead requested compensation from the city for
it. Further, it was learned that future widening of Memorial to six lanes left only
two locations for median cuts to access the property- at Sundance and Worley.
Access at Worley will require extending an existing culvert. The cost for this
would normally be paid by the developer, however the property owner believes
the city should pay for the work. The projected cost for the culvert is
$163,000.00. Another option would be for the city to construct left turn lanes to
access the property at Sundance and Worley at a cost of $46,000.00. However the
developer of the property may be required in the future to construct these lanes
depending on the outcome of a traffic impact analysis. Staff is requesting
guidance on how to proceed with construction of the left turn lanes, construction
of the culvert extension, and the eastbound lanes of Memorial from Worley to
South Colony.
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There was a consensus among council members to utilize the funds at another
location and wait for the development to occur.
3.9 Discuss and consider approval of funding for an animated Christmas light
display and community event (Nelson)
At the request of Councilmember Harris council convened into Executive Session
at 9:50 p.m. Council returned to open session at 10:10 p.m. and announced no
action would be taken on this item.
Bob Hager announced that they will not discuss items A or C in executive seSSIOn.
Executive Session convened at 10: 12 .m.
EXECUTIVE SESSION
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 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city
attorney regarding the solid waste contract with Allied Waste Services.
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 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 addressed.
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August 6, 2007
D. Any action as a result of executive session regarding the solid waste
contract with Allied Waste Services.
No action.
And with no further business to discuss the meeting was adjourned at 11 :02 p.m.
ATTEST:
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Christie Wilson, TRMC, City Secretary
APPROVED:
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September 17, 2007
The approved minutes for the City Council Meeting held August 6, 2007 shall be amended in red
as follows:
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I 2.0 I CONSENT AGENDA
~hH HI Dillard iHIJIUlIlIl"('(1 'hal Ih.. dh mall"gt'r ha" rt'l,lIt"'lt'd 11t'1II 2 fl hI
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2.1 Consider approval of minutes of council meetings held July 2 and July 16, 2007
(Kelly/Wilson)
2.2 Consider approval of a correction to the minutes of the June 18, 2007 city council
meeting adding a motion and vote to item 3.7 (Wilson)
2.3 Consider approval of council expenditures for the month of June (Council)
2.4 Consider approval of a resolution authorizing the appointment of Sue Parks as
representative and Lorraine Clark as alternate representative to the North Texas
Regional Library System for the term ending August 31, 2009 (Sveinsson)
2.5 Consider approval of a resolution setting a public hearing for the proposed budget
for fiscal year 2007-2008 on August 20, 2007 at 7 p.m. (Koo)
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2.8 Discuss and consider approval of an ordinance amending the 2006-2007 budget to
reimburse storm debris removal costs by transferring funds from the Fund Balance
to the General Fund Non-Departmental account (Johnston)
Motion to approve above consent agenda items- McCourry; second by Schrag; motion passed
with all ayes.
This amendment to the August 6, 2007 City Council meeting minutes removing Item 2.6 from
the consent agenda is hereby authorized by council approval on this the 17th day of September,
2007.
APPROVED:
Dillard, Mayor
ty of The Colony
ATTEST:
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Christie Wilson, City Secretary
August 6, 2007
The approved minutes for the City Council meeting held June18, 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- Marshall; Sf'('(JIld by Harri.s; motion passed 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:
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Christie Wilson, City Secretary