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Home My WebLink About11/05/2007 City Council November 5,2007 \ ..' t.. t:" lJUOUUtJ MINUTES OF REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 5, 2007 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.m. on the 5th day of November 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 Absent 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 - Dale Cheatham Pledge of Allegiance to the United States Flag Salute to the Texas Flag Fire Department Citizen Commendation for Astria Ramirez- Asst. Fire Chief Van Weese presented a commendation plaque to Astria Ramirez for delivering a baby. P&R Employee Recognitions- Pam Nelson recognized the following Parks and Recreation employees: Cindy Moore for receiving the TRAPS Region 2 2007 Part-time Employee of the Year; Emily Fox for receiving the 2007 DFW Directors Innovative Programming Award (Back to School Bash); Jackie Lopez for receiving the 2007 TAAF Young Professional of the Year. Proclamation- Municipal Courts Week- Mayor Dillard read a proclamation and presented it to the Municipal Court staff. Citizen Input- Amanda Holbrook announced a Nativity Exhibit at the Church of Jesus Christ of Latter Day Saints to be held on November 30th and December 1 st. Announcement of upcoming civic events and activities I_Terry Gilman reported on the success of the Fall Cleanup; Emily Fox announced Liberty by the Lake on November 10th; John Marshall announced a Dancers Against Cancer performance at the high school, 2 p.m. November 10th; Mayor Dillard announced the constitutional amendment election on Tuesday, November 6th; Allen Harris announced the 11:00 Veterans Ceremony on November 10th; Asst. Fire Chief Van 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. I. '_ 1.-.. " .~ ". . , .J ;" t) 0 ,) U November 5,2007 Weese announced the grand opening of Fire Station No.3 on November loth at 10 a.m.; Library Director Joan Svenssion announced that next week is National Children's Book Week and December 1st photos with Santa. I 2.0 I CONSENT AGENDA 2.2 Consider approval of a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement for Library Services with Denton County (Sveinsson) 2.5 Consider authorizing staff to reject the bids for a mesh wireless network system and authorize the project to be rebid (Koo) Motion to approve above consent agenda items- Harris; second by Marks; motion passed with all ayes. Councilmember Harris requested this item be pulled so that he could abstain from voting since he was absent for these meetings. 2.1 Consider approval of minutes of council meetings held October 15 and 22, 2007 (Wilson/Kelly) Motion to approve- Schrag; second by Marks; motion passed with all ayes except for Harris who abstained. Councilmember Marshall pulled this item to comment on the fact that council recently approved a tax cut vet this item is to authorize financing of capital projects. 2.3 Consider adoption of a resolution expressing official intent to reimburse costs of projects (Koo) Motion to approve- Marshall; second by Schrag; motion passed with all ayes. Councilmember Schrag asked what would happen if CDC did not fund this item. Pam Nelson advised they have approved it however they need to wait through the sixty day comment period. 2.4 Consider approval an ordinance amending the 2007-2008 annual budget to transfer funds from Hotel Occupancy Tax funds to General Fund (Nelson) Motion to approve- Schrag; second by Harris; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Conduct a public hearing, discuss and consider approval of a Specific Use Permit to allow a temporary concrete batch plant within an industrial zoning district located northeast of Main Street and Overlake Drive on approximately 2 acres. The site is commonly known as 4720 Overlake Drive (SUP07-0004, Bateman) Donna Bateman reviewed the location for the proposed batch plant, adding that a Specific Use Permit requires a site plan. This one is in the Gateway Overlay District. The Planning and Zoning Commission recommended approval with four conditions. The SUP is good for a period of twelve months, and at the end of that time the property must be cleared of all debris, dirt work leveled, and returned to its previous condition. Hours of operation will be limited to between 8 a.m. and 4 2 November 5, 2007 p.m. Monday through Saturday, and all stock piles must be regularly watered to prevent airborn dust and odors. " i.' t-o t:" JOlJJ. Councilmember Harris voiced his concern over this being so close to the lake (possible runoff) and traffic/safety issues for trucks entering F.M. 423 during rush hour. Mayor Dillard opened the public hearing at 7:35 p.m. Walter Mitchell representing the applicant stated that washout containers will be utilized and removed daily. Donna Bateman advised that this is the only property in the city that is zoned industrial. Citizen Joyce Fulco stated she is concerned with the proximity to the city wastewater treatment plan and the potential for excess dust that may affect it. Mayor Dillard asked how many trucks there would be each day. Mr. Mitchell said there would be eighty trips per day. City Engineer Gordon Scruggs told the council that the applicant will provide a flagman if necessary and adjust their operating hours. He added he did not believe the wastewater treatment plant will be affected by dust. The public hearing was closed at 7:43 p.m. City attorney Bob Hager said he would alter the ordinance for the SUP to include some additional conditions of obtaining a TCEQ permit and providing an adequate traffic control plan. Motion to approve with the additions suggested by the attorney and the recommendations of the Planning and Zoning Commission- Marshall; second by Marks; motion passed with all ayes. 3.2 Receive report and give staff direction regarding the issuance of annual notices for high weeds and grass violations (SI07-0016, Bateman) Donna Bateman said this item is brought to council at the request of Councilmember Schrag. She reviewed the current regulations regarding high weeds and grass, and the various notification procedures (specifically one letter per calendar year) as established by Ordinance no. 04-1575, The costs to implement the procedures and revenue collected were also reviewed. Citizen Meghan Guiette stated that in 2005 she received a door hanger and in 2007 received a bill for $145 for mowing that was done with no warning. Council members Harris, Marks, and Schrag voiced concern that sometimes there are extenuating circumstances and that perhaps two notices per year would be better. Mayor Dillard and council members Mikulec and Marshall indicated they preferred to leave it as is. Donna advised that some cities have a "growing season" which could be considered different as far as the number of notices is concerned. City manager Dale Cheatham suggested that no action be taken until absent council member Joe McCourry could be contacted regarding his preference. 3 / C ~,; ".' u November 5, 2007 3.3 Discuss and consider approval of a resolution authorizing the purchase of diesel fuel through an Interlocal Agreement for Cooperative Purchasing with Rockwall County (Sparkman) Motion to approve- Harris; second by Marshall; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the city manager to execute a contract with Oncor Electric Delivery for the installation of street lights for the Phase IIIB Residential Street Reconstruction Project (Eubanks) Public Works Director Steve Eubanks advised this agreement is for the installation of twenty-six street lights, including bases and electrical for eight streets currently under re-construction. He added that Tiseo Construction would process a change order to deduct the electrical work from their street contract to allow all street light work to be done by Oncor. Councilmember Marks voiced his concern over contracting with Oncor for this project based on some problems incurred with previous jobs. Steve advised that choices are limited as to who can install the lights, but he intends to bring the discussion to council in the near future. Motion to approve- Marshall; second by Harris; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing the city manager to execute a development agreement with Lonzar Delaware, Inc. for acquisition of a utility easement (Scruggs) Gordon Scruggs advised these easements are for a wastewater force main and water transmission line on the Tsai property. The development agreement specifies that Lonzar will dedicate to the city a 30 foot wide utility easement with an adjacent parallel 20 foot wide temporary construction easement. In addition, the city will provide 0.5 million gallons per day of wastewater service capacity in the Austin Ranch lift station and force main for use with the development of Lonzar (Tsai) property, and acquire an easement for a future gravity main (from south side of Lonzar property to Austin Ranch lift station) to provide wastewater service to the Lonzar property. Acquisition of this utility easement is a condition to the current agreement with Billingsley Company as approved by council on October 22, 2007. Motion to approve- Marshall; second by Schrag; motion passed with all ayes. 3.6 Receive presentation, discuss and provide guidance to staff on how to proceed with capital projects funded through the Storm Water Utility (Scruggs) Gordon reviewed a list of capital projects and master plans prioritized by staff for the Storm Water Utility. He reviewed the budget, watershed map, erosion issues and ways to mitigate. He added that in the past the city has been reactive rather than proactive when dealing with these issueso He asked for council direction on 4 November 5,2007 whether to continue to proceed project by project, or whether to pursue a Watershed Master Plan. He continued by discussing the erosion issue off Heron Cove and the future trail crossing at that location. The city is obligated to repair the erosion on Heron Cove, but if the city places the trail in that area, then there is some flexibility on how and when it will be done. i: .' ',J (J \. A poll of council members resulted in all expressing a desire to go with a Master Plan. Discussion on how to fund included the possibility of CDC partially funding or the storm drainage fund. 3.7 Discuss and consider approval of a resolution authorizing the purchase of six water line easements pursuant to the Development Agreement with the Billingsley Company dated October 22, 2007 (Scruggs) Gordon advised this is the first six of seven water line easements to be purchased as a result of the Development Agreement with the Billingsley Company. The purchase will establish the route for the future construction of water transmission lines from the Carrollton water line now being constructed to the 4-acre Carrollton tract (site of the future Southern Pump Station) and from there to the existing IS-inch water line on Piano Parkway in northern Austin Ranch, subject to the acquisition across the Lonzar (Tsai) property. Motion to approve subject to obtaining signatures on the agreement- Schrag; second by Mikulec; motion passed with all ayes. Executive session be~an at 9:40 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. Bob Hager advised this item does not need to be discussed. 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. 5 \ T~. .( .~ \, J \,; l': ~) \...J .......' November 5,2007 Reconvene to Open Session at 11:10 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. No action. 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. Not discussed. C. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. No action. 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. No action. And with no further business to discuss the meeting was adjourned at 11: 10 p.m. APPROVED: ATTEST: ~~I?:i:1:'>' <r:. 'T/..'J':"'~z!;c, ,~- '~("'~, ~'-;l {:; ~I "?,, ' 0 " >0 ': (;c7~.-\" 1 \-, Co . ... '\." > '1-' ~ ;.'../ f\\}\'t ~( , ., /w % " Cl~~ ())~ nstIe Wilson, TRMC, CIty Secretary 6