The URL can be used to link to this page

Home My WebLink About10/15/2007 City Council October 15, 2007 ,,> 'v' .. ,; I' . .- '.jU:t1 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON OCTOBER 15, 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 15th day of October 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 Absent Present Present Present Present Present And with six 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 Salute to the Texas Flag Citizen Input- Sheila Mundon and Alice Ruffle announced the Senior Citizen Craft Fair which is being held on October 2ih from 9-3 at the Community Center. The funds will go to their scholarship fund. David Narnst advised that his neighbor is building a storage shed which is an eyesore, and said there is a problem with junked vehicles. Mayor Dillard asked him to voice his concerns to the planning director. Announcement of upcoming civic events and activities 1_ Chief Van Weese of the Fire Department announced their annual Fire Fest will be held at Central Fire Station on October 2ih. The citywide Fall Cleanup will be held on October 2ih from 8-12 at the Hawaiian Falls parking lot. Councilmember Marshall announced that the Cultural Arts Board in conjunction with Dancers Against Cancer are putting on a production called Best Foot Forward on November 10th at 2 p.m. Funds raised will go to a children's charity. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held September 30 and October 1,2007 (Wilson) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. : ! t: AI , ,,' (.,,:1 Li 0 U "J jV .... October 15, 2007 2.2 Consider approval of a resolution suspending the October 25, 2007 effective date of the Atmos Energy Corporation rate increase request (Sparkman) 2.3 Consider approval of a Rescission Agreement for the Facilities/Development Agreement and Groundlease Amendment #1 relating to the construction of additional parking spaces north of the existing parking lot at Hawaiian Falls (Nelson) 2.4 Consider approval of a resolution accepting the June 29, 2007 Qumierly Investment Report (Koo) 2.5 Consider approval of a resolution adopting the Purchasing Policies and Procedures as amended on October 1, 2007 (Hager) Motion to approve consent agenda items- McCourry; second by Marshall; motion passed with all ayes. I 3.0 ] REGULAR AGENDA ITEMS I City Attorney Bob Hager suggested items 3.1 and 3.2 could be addressed with one discussion and asked the Mayor to read both items. 3.1 Conduct a public hearing, discuss and consider a resolution regarding a special exception of permitted exterior material. The property is located at 4800 South Colony Boulevard, commonly known as First Baptist Church (SE07-0005, Bateman) 3.2 Discuss and consider approval of a site plan for Lot 1, Block 1, First Baptist Church Addition being a 5.5 acre tract located in the BBB and CCR Survey, Abstract No. 173. The site is generally located on the south side of South Colony Boulevard, approximately 485 feet east of the South Colony Boulevard and Main Street intersection (SP07-0014, Bateman) Donna Bateman advised the church has requested use of stucco on a portion of the building (approximately 250 sq. feet). This would be a special exception to the building materials allowed in the Gateway Overlay District. In addition, their new site plan includes moving the South Colony Boulevard driveway to the east to line up with the existing median cut, and they are also requesting to phase in some of the required landscaping. She reviewed the site plan specifics. The Planning and Zoning Commission recommended approval of the stucco and the site plan with no landscape phasing. Robert Croysdale, architect for the project, explained the request for the stucco is due to the wall not having any support other than a flat roof behind it and it would not be able to hold the weight of brick without considerable other modification. The wall serves as screening for rooftop equipment. At 7:20 p.m. Councilmember McCourry requested an executive session to consult with the city attorney. Open session resumed at 7:45 p.m. Councilmember McCourry asked whether other types of materials were discussed for this portion of the wall. Mr. Croysdale advised that hardy-plank material had not been considered due to the high maintenance, and stucco was felt to be the better choice aesthetically. The public hearing (for the special exception for stucco 2 October 15,2007 u,} (: ,., U':l:U only) was opened at 7:51 p.m. Eddie McCormick, board member of the Texas Lathing and Plastering Contractors Association, stated that he will ensure that the stucco is installed correctly. Public hearing closed at 7:55 p.m. Motion (3.1) to approve the resolution granting the special exception (stucco)- Marshall; second by Schrag; motion passed with all ayes except for McCourry who voted no. Motion (3.2) to approve the site plan with all landscaping in compliance with the overlay district requirements (no phasing in of the landscaping)- McCourry; second by Mikulec; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider a resolution regarding a special exception to Section 6-158(c) of the Code of Ordinances. The property is commonly known as 3716 Meadow Run (SE07-0004, Bateman) Donna Bateman advised this request is a special exception to Chapter 6 of the Code of Ordinances regarding accessory structures, which requires a three foot setback from the house and fence. The applicant is requesting to build a 7x 1 0 foot storage building against the side of his home. The public hearing was opened at 8:03 p.m. The property owner, Ricardo Schifsser, said that the face of the house is brick and he will use a fire retardant material in the roof of the building. Fire Marshall Carl McMurphy explained to the council that the heat of a fire will exit a structure at the highest peak. In this case that peak would be against the home with wood siding and roof sofflt directly above that peak. Bob Hager added that when attached to the main structure, the addition then becomes part of the main structure; storage buildings are not built to the same codes as homes. Councilmember Marks asked the home owner why not build the building away from the house. He was told there's a drainage area there and is not suitable for a foundation to be built. The Public hearing closed at 8:20 p.m. At 8:21 p.m. Councilmember Mikulec requested an executive session to consult with the city attorney. Open session resumed at 8:29 p.m. Councilmember Marshall made a motion granting the vanance however no second to the motion was made. Motion to deny (as stated in the resolution)- Schrag; second by McCollrry; motion passed with all ayes. 3.4 Discuss and consider adopting an ordinance amending the 2007-2008 budget by reallocating and/or reducing proposed expenditures (Koo) Finance Director Rebecca Koo advised this ordinance transfers $350,000 from the Beautification account of the Capital Projects Fund (SIB Loan) to the General Fund to replenish the loss in property tax revenues that resulted from a lowering of the tax rate by 1 % cents per $100 valuation. 3 , C' . l; \,J (j t) ,) \ October 15,2007 Motion to approve the suggested reallocation from SIB Loan Beautification Fllnds- Schrag; second by McCourry; motion passed with all ayes. 3.5 Receive presentation, discuss the Water Reuse Study and provide direction to staff on the study's recommendations (Nelson) Pam Nelson introduced representatives from Kimley-Horn who prepared the feasibility study regarding reusing effluent water. It was explained what this process is and the TCEQ requirements. The city's contracts with Frisco and Dallas Water Utilities were discussed as well and it was noted they would both need to be updated. One of the purposes of the study was to determine whether the city has enough effluent water available to use in the city for watering parks and medians. It was stated there is at least until the year 2013. The preliminary plan would be completed in two stages, using the eXlstmg effluent water line for Phase 1. An estimate of the cost for the additional needed infrastructure for both phases is $1,120,000. Counci1member McCourry asked that they not take any steps forward on this project now but asked for the city to look at it again when the contract with DWU renews. Citizen Joyce Fulco asked whether the city could capture the water that is run when the fire hydrants are flushed out and use it for watering. 3.6 Discuss and consider approval of a resolution authorizing the city manager to execute a construction change order for the Paige Road Improvement Project with Tiseo Paving Company to construct an addition to the Hawaiian Falls parking lot (Scruggs) Gordon Scruggs advised that a change order to the existing road improvement project would be a more efflcient way to complete the Hawaiian Falls parking lot expansion, The change includes storm water drainage and water infrastructure. This additional work should not cause a delay to the Paige Road project. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. Executive Session began at 9:00 p.m. I 4.0 ] 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 C~lony. Attorney Bob Hager advised a brief has been filed in this case for an appeal on the attorney's fees. There will be no need for discussion in executive session. 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. 4 October 15, 2007 t .- '..... i , t....~ 0UL~ , ...... --to 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 of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney regarding a development agreement for improvements at Hidden Cove Park by and between Marine Quest and the City of The Colony. Reconvene to Open Session at 10:00 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 BiIlingsleys 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 a development agreement for improvements at Hidden Cove Park by and between Marine Quest and the City of The Colony. Not discussed. And with no further business to discuss the meeting was adjourned at 10:01 p.m. APPROVED: ATTEST: 5 e/L~w~ ristie Wilson, TRMC, City Secretary