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Home My WebLink About01/21/2008 City Council January 21,2008 (". .', J) " UO(j MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JANUARY 21, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 21st day of January 2008, 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 Absent 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 - Tony Johnston Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of Al Garcia, Economic Development Corporation Director Tom Terrall and Mayor Dillard presented Al Garcia with a plaque for his nine years of service on the EDC Board of Directors. . Citizen Input- Sheila Mundon announced a scholarship endowment the Senior Citizen Association is creating to ensure future scholarships annually to a The Colony High School senior. She summarized how the funds are being raised. The Colony High School basketball coach Cleve Ryan invited city council members to attend a game on February 1st at the high school. He would like to recognize the council prior to the 7:30 game. He added that on Tuesday, January 22nd, the gym is being renamed to honor former coach Tommy Thomas. Jeff Connelly addressed the council regarding future budgets and tax rates, encouraging them to fund projects using other avenues than taxes. Announcement of upcoming civic events and activities 1_ Mayor Dillard announced that today is Martin Luther King, Jr. Day, a national holiday to honor Dr. King. He also announced a Town Hall Meeting being held at city hall on January 31, 2008 at 7 p.m. January 25th is The Colony Night at the Texas Tornado Hockey Game. Library Director Joan Sveinsson reviewed activities 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. '.' ,')2 <.) ,', \ l"~U 0 \j IJ - January 21, 2008 planned at the Library for February, adding she is still seeking a volunteer ESL instructor. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held January 7 (Marks absent) and 14 (Marks, Schrag absent), 2008 (Wilson) 2.2 Consider approval of council expenditures for December 2007 (Council) 2.4 Consider approval of a resolution authorizing the mayor to execute an Interlocal Agreement with Denton County for fire protection services (Nolen) 2.5 Consider approval of a resolution authorizing the mayor to execute an Interlocal Agreement with Denton County for ambulance services (Nolen) 2.6 Consider approval of an ordinance accepting a Settlement Agreement between the Atmos Cities Steering Committee and Atmos Energy regarding gas rate negotiations (Sparkman) 2.7 Consider accepting the resignation of Neale Whitmore from the Cultural Arts Board effective January 8,2008 (Council) Motion to approve above consent agenda items- McCourry; second by Schrag; motion passed with all ayes. Councilmember Harris pulled this item for separate discussion. 2.3 Consider approval of a resolution authorizing the city manager to execute an Encroachment/License Agreement with the Corporation of the Presiding Bishop of the Church of Jesus Christ Latter-Day Saints for the use of the city's right-of-way (ROW) for placement of a subsurface gravity flow pipe (Scruggs) Councilmember Harris confirmed with the city attorney that there is no conflict of interest for him due to his membership at this church. Councilmember Harris stated that even though there is no conflict he would abstain from voting. Councilmember Marshall asked the purpose for this agreement. City Engineer Gordon Scruggs said that the church has had a problem with groundwater and had been pumping it away from the foundation, which caused the sidewalk to be wet. The church is requesting to run a pipe down the city easement to the drainage inlet north of Fryer as an alternative. Motion to approve- Marshall; second by McCourry; motion passed with all ayes except for Harris who abstained. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Conduct a public hearing, discuss, and consider adoption of an ordinance for a Specific Use Permit to allow the sale of alcohol for on premise consumption at the northeast corner of South Colony Boulevard and Main Street, commonly known as 5000 Main Street (SUP07-0006, Bateman) Planning Director Donna Bateman said this item is for a proposed bowling alley to obtain a specific use permit for the sale of alcohol for on-premise consumption. She reviewed the layout of the facility, adding that there will be an entrance added at the rear of the shopping center (there is parking) as well as the front. She said 2 \j '.J C,.. L" ; 2 v I January 21,2008 the bowling alley conforms to the comprehensive plan, the zoning ordinance and the Planning and Zoning requirements. Mayor Dillard opened the public hearing at 7:35 p.m. Councilmember Harris voiced his concern over the noise that might penetrate a common wall between the bowling alley and the adjacent restaurant, and the condition of the parking area. Donna said this will be a two-hour fire wall and should buffer the sound, and that city staff members are meeting with the owner of the property to address the parking lot/driveway condition. No site plan is required. There will be signage allowed along Main Street (as a result of prior council action for Pizza Inn to place a sign). Citizen Jeff Connelly spoke in favor of the SUP. The public hearing was closed at 7:40 p.m. Motion to approve- Marshall; second by Mikulec; motion passed with all ayes. 3.2 Discuss and consider approval of a site plan for Lot 8, Block A of the South Colony Retail Center, generally located on the east side of Main Street, approximately 317 feet north of Friendship Lane, commonly known as 4842 Main Street. A drive-thru restaurant is proposed. (SP07-0015, Bateman) Donna said this site plan is for Zaxby's which will be located on Main Street between Quick Trip and Prosperity Bank. She reviewed the proposed parking and landscaping. Discussion of the possibility of several trees along F .M. 423 having to be removed with the widening of the roadway followed. Bob Hager advised if the property owner wishes to apply for a variance on the trees in that location they can submit a request to the Board of Adjustment, or the council could write a special exception for the gateway overlay district for this issue. Motion to approve-Schrag; second by McCourry; motion passed with all ayes. 3.3 Discuss and direct staff regarding changes to the Accessory Structures Ordinance (SI07-0015, Bateman) Donna Bateman reviewed some proposed changes to this ordinance and requested council's input. There was specific discussion regarding whether "home-made" structures should be allowed, and whether storage buildings should be allowed to be visible in the side yard, or visible over a fence. Red-line items that were included in the draft were generally accepted. Several council members discussed increasing the size of structures (from 20 sq. ft.) in all sections of the ordinance that would require a building permit. Lastly, Donna confirmed with council that they would authorize "barn-shaped" storage buildings. Ordinance revisions will come before council at a later date. 3.4 Discuss and consider approval of a resolution authorizing the city manager to execute an architectural services agreement for the design and completion of construction documents relating to the Austin Ranch fire station (Nolen) Fire Chief Mike Nolen told the council that this item is to initiate the design and construction documents for the Austin Ranch fire station, per council direction on November 19,2007. Completion will take 12-16 months. Mayor Dillard said he would like to see some similarities among the new fire stations. Architect Kent Spurgeon said that he has not made comparisons with the new North Colony 3 : ,. ' ~~,~ \:':, >~ I UUCiUUU January 21,2008 station but that the Austin Ranch station has specific design standards that have to be met. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering services contract for the surveying and site design relating to the Austin Ranch fire station (Scruggs/Nolen) Gordon Scruggs told the council that this item is for Halff Associates to conduct the surveying and site design for the Austin Ranch fire station. Included is a topographic and tree survey, preparation of a preliminary and final plat, site plan, site engineering, construction plans and construction phase services. Construction plans will address grading, drainage, water and wastewater services, and paving. Counci1member McCourry expressed his concern over preparing plans this early when construction will likely not happen for 3 or more years. After further discussion with the architect and Gordon it was learned that some of the work needs to be done before the architectural plans (item 3.4) can be completed. Jerry Roberts with Halff Associates said that the surveying needs to be done first because the architect needs it. He said they can start the engineering after the site plan is complete. Bob Hager told the council that the tasks are broken out by price and these can be released as needed. Councilmember Mikulec asked the city manager for an estimate of when the station will be needed. Dale said that according to the developer agreement it must be on the ground within 18 months of a population of ten-thousand (2013- 2014). He added that it is unknown when the funding for construction will be available. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.6 Discuss and consider approval of a resolution authorizing the city manager to execute an architectural services agreement for the design and construction of the public services complex (Johnston) Assistant city manager Tony Johnston reviewed the proposed complex design, what departments will be operating from this location, and the anticipated cost. Councilmember Marshall reminded Tony of a concern that was previously noted regarding the south exterior wall being accessible to individuals who might be inclined to add graffiti. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.7 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering services contract for the surveying and site design relating to the public services complex (Scruggs/Johnston) Gordon Scruggs said this item is for Halff Associates to conduct the surveying and site design for the Public Services Complex. Included is a topographic and 4 ;---.. ',/ L . !' January 21, 2008 tree survey, preparation of a preliminary and final plat, site plan, site engineering, construction plans and construction phase services. Construction plans will address grading, drainage, water and wastewater services, and paving. He added that because of the zoning it will require a development plan. Motion to approve- Schrag; second by McCourry; motion passed with all ayes. 3.8 Receive a presentation, discuss, and provide comments to staff relating to the Storm Water Management Plan (Scruggs) Trey Shanks with Freese and Nichols provided council with an overview of the Phase II Storm Water Program requirements. The purpose if the program is to improve water quality in streams and lakes by controlling the runoff of pollutants. EP A regulations require that best management practices (BMPs) be implemented over the next five years to address six minimum control measures that will improve storm water quality. Measureable goals must be identified for the BMPs and progress must be reported annually to TCEQ. TCEQ finalized the Phase II permit in August of 2007 and in order to qualify for a permit, the city must submit a Storm Water Management plan and permit application by February 11,2008. Gordon invited questions or comments on the draft plan and added the final version of the plan will be presented for council approval on the consent agenda for February 4, 2008. [4.0 I 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 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 of the TEXAS 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. E. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS GOVERNMENT CODE to deliberate the offer of a financial or other incentive to a business prospect. 5 , 1 \ ~ :0 l_. ......-' \.. ~ January 21,2008 F. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. 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 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 a development agreement for improvements at Hidden Cove Park by and between Marine Quest and the City of The Colony. No action. E. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect. No action. F. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. And with no further business to discuss the meeting was adjourned at 10:50 p.m. APPROVED: Dillard, Mayor ty of The Colony e.'. rlcrr(~"... ~').. l \,) "f''-'~ ",'~~', __ .,~" ~ H~ ~ -. ::', v (;.~,>~..'? /Y. .' ("r ' . . '";: '<~, €l: " , , \~ ,;' <.!.J ' '.~,' \" fJ ::c ; 0 r;~, \:3 ,~ I-~ ; )~\ 'I' ' ~.;" I'':) "\j"\ \. ,..~ .-., ()/ J < 0.1 .....~. ATTEST: cL . f ,1' // du- &~~T'- IstIe WIlson, TRMC, CMC City Secretary 6