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Home My WebLink About12/03/2007 City Council December 3, 2007 ;. Ii ~ L '",~, , (' ,. t) MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBBER 3, 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 3rd day of December 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 Absent 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 - Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming: civic events and activities 1_ The Christmas Parade and light show at Central Fire Station were held on December 1 st. The light show is choreographed to music that can be heard on FM radio station 99.9. Thanks to all the volunteers who have worked on this project. Library Director Joan Sveinsson announced a free home buyers seminar on the first Wednesday of each month in the Library. Also, free ESL classes and a Nutcracker puppet show are comin u . Joan also re orted on the results of the book sale. 2.0 CONSENT AGENDA City Attorney Bob Hager advised there will be a slight change in the Estoppel agreement for item 2.7. One of the sub-leases (Scotland Yard) will be stricken. 2.1 Consider approval of minutes of council meeting held November 19, 2007 (Wilson) 2.2 Consider approval of an ordinance amending the Code of Ordinances, Chapter 16 establishing a police department, the position of police chief and other personnel, and stating the enforcement duty of the department (Hager) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. December 3, 2007 2.3 Consider approval of a resolution authorizing the city manager to execute a contract with the Texas State Library and Archives Commission for acceptance of a Loan Star Libraries Grant (Sveinsson) 2.4 Consider accepting the resignation of Andrea Porter from the Community Development Corporation Board of Directors effective December 31, 2007 (Council) 2.5 Consider approval of a resolution accepting the September 28, 2007 Quarterly Investment Report (Koo) 2.6 Consider approval of cancelling the December 17,2007 City Council meeting (Cheatham) 2.7 Consider authorizing the city manager to execute an Estoppel Certificate and Landlord's Consent and Certificate for the lenders providing refinancing for Blue Sky Sports Center, LP (Nelson) Motion to approve with the change noted by the city attorney for 2.7- McCourry; second by Marshall; 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 resolution pursuant to House Bill 621 to not exempt goods in transit from ad valorem property tax (Terrall) Economic Development Director Tom Terrall explained that H.B. 621 allows for warehoused goods in transit to apply for a tax abatement. He advised he did not believe it is good for the city and is recommending the council pass a resolution opting out of the legislation. The city can reverse this by resolution as well any time in the future. If council approves this resolution then goods in transit will be subject to personal property tax in The Colony. Tom added this does not change the city's authority to offer tax abatements, and that to his knowledge all other cities are opting out as well. The public hearing was opened and closed at 7: 15 p.m. with no one wishing to speak. Motion to approve- McCourry; second by Marks; motion passed with all ayes. 3.2 Discuss, consider and provide direction to staff on whether to change the utility bill format from post card to full page and what vendor to use (Koo) Finance Director Rebecca Koo advised that the city utility bills are in a post card format which offers little room to add public service announcements. She presented an option of a full page letter format for the billing that includes the option of adding up to three pages of additional material in the envelope. She reviewed the pros and cons of making this change. She specifically reviewed the cost of the program, adding that to do it in-house would require additional building space. She presented two out-sourcing options. All council members except Councilmember Marshall voiced a desire to make this change in the utility billing and to out-source it using Dataprose. 3.3 Conduct a public hearing, discuss and consider approval of an ordinance amending Planned Development 18 as it relates to lot layout and density. 2 December 3, 2007 The property is located south of Lebanon Road in the proposed Tullamore Meadows Village of the Tribute (Z07-0005, Bateman) , { - (., tJ '- <~ Donna Bateman advised the council that this amendment includes four separate items: lot layout, rear setback, lot coverage, and estate lot regulations. A chart is included that clearly illustrates the setbacks for all villages in the Tribute's sub- division, and these changes will ease the plan review process. The public hearing opened at 7:31 p.m. David Munden asked the developer about a homeowners association. The public hearing closed at 7:34 p.m. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering services contract for preparation of an Erosion Study for Stewart Creek Tributary I (Scruggs) Gordon Scruggs advised the council this is the first master planning storm water capital project, as council previously directed staff to pursue. This is for an erosion study for Stewart Creek Tributary 1. Stewart Creek flows through BB Owen Park, Turner Street Park and Bill Allen Memorial Park. The project will include development of a hydrologic model of the watershed, development of a hydraulic model of the segment of the stream in The Colony, geotechnical assessment of stability of the channel, and an analysis of alternatives for stream bank stabilization, including preliminary construction cost estimates. Discussion followed regarding any work our adjacent cities may have done in regard to the erosion problems along Stewart Creek and any studies previously prepared by other entities. Gordon advised that the U.S. Army Corps of Engineers has data on the stream, and that he's not aware of any the city of Frisco may have. Councilmember Harris questions the number of hours each task stated in the Scope of Work (contract) will take. Gordon advised he can get that information from Halff Associates. Motion to approve- Marshall; second by McCourry Councilmember Harris at this point asked to make a motion to table this item until the hourly figures can be brought back to council. Bob Hager advised this motion takes precedent over the original motion. Motion to table- Harris; second by Marks; motion passed with all ayes except for Marshall who voted no. 3.5 Discuss and consider nominees for the Denton Central Appraisal District Board of Directors and authorize a resolution casting the city's votes (Council) Motion to cast all the city's votes for Pearly Simpson- Harris; second by Mikulec; motion passed with all ayes. 3 'cJ ",__.J C,; ~) '..;; ~.g December 3, 2007 3.6 Discuss and consider a strategy to address the proposed Texas Commission on Environmental Quality Agreed Order, including possible Supplemental Environmental Projects and possible funding mechanisms, and provide appropriate direction to staff (Maurina) Utility Superintendent Tod Maurina reviewed the events leading up to the Agreed Order issued by Texas Commission on Environmental Quality (TCEQ), specifically an equipment failure at the wastewater treatment plant in March of 2007. The city has 60 days to accept or negotiate the order. He added that the enforcement action issued by TCEQ was bound by statutory requirements based on a point system. The Agreed Order stipulates a monetary penalty plus a date for return to compliance (already done). Tod suggested that the city ask for an extension from 60 days to 6 months to allow enough time for any other equipment warranty issues to surface. The monetary penalty in this case is $51,000.00. Tod then advised there is an option for the city to either pay the penalty or submit to TCEQ a qualifying Supplemental Environmental Project (SEP) to be done in lieu of the penalty. After consulting with the city attorney, staff is recommending a Heron Cove Erosion Control structure as the SEP (which will involve approvals from the U.S. Army Corps of Engineers). If council chooses this approach, a proposal for it needs to be submitted to TCEQ within 30 days of the city's receipt of the Agreed Order document. Should TCEQ reject the Heron Cove project then staff will submit an alternate for erosion control in Bill Allen Park. The anticipated cost for the Heron Cove project is approximately $69,000.00. Motion to authorize the city manager or mayor to sign the signature page for the Agreed Order, to request a 180 day grace period, and to approve the proposed SEP- Marshall; second by Harris; motion passed with all ayes. 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 LOCAL GOVERNMENT CODE to 4 ," .' ',' (.. t. \-.' December 3, 2007 consult with the city attorney regarding the Memorandum of Understanding, and S.H. 121 tolling and funding uses. Reconvene to Open Session at 8:47 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. 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. Not discussed. D. Any action as a result of executive session regarding the Memorandum of Understanding, and S.H. 121 tolling and funding uses. No action. And with no further business to discuss the meeting was adjourned at 8:47 p.m. APPROVED: (!/~k (.J~~ \:'.? . :!:t~ f; " '<- .. ,.0~; %r <. G'l "v c""~, "" "., \V ~' ,~.... ..~ l'-~ j~lf)) - -{ ~-(4.i'..t~W;vt)' c: ATTEST: !\-"",,J Christie Wilson, TRMC, City Secretary 5