The URL can be used to link to this page

Home My WebLink About02/04/2008 City Council February 4,2007 v~d59J_ MINUTES OF REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 4,2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 4th day of February 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 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 Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations- Mayor Dillard presented the Christian Community Action 35th Anniversary Proclamation to Diane Ling. Diane took the opportunity to inform the council of the variety of services that CCA provides. The Scouting for Food Proclamation was presented to several scouts. Citizen Input- James DePiazza announced the March 4 Primary Election and a candidate forum scheduled for February 16th. Announcement of upcoming civic events and activities 1_ Mayor Dillard announced that Councilmember Allen Harris had recently been awarded the Texas Municipal League Award of Excellence. Councilmember Harris then presented Mayor Dillard with the Award of Leadership that TML awarded to the city. Mayor Dillard read the polling locations and times for the upcoming Primary Election. Communications Director Diane Baxter announced the annual The Colony Works Citizen Academy which starts on March 6th. Library Director Joan Sveinsson announced that the Library is having its 26th Anniversary this month and reviewed the upcoming programs. Councilmember Harris announced the Daddy/Daughter Dance scheduled for February 9th. I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. . '. r";q.' \..;J () ~j v ..~ February 4, 2007 I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held January 21, 2008 (Marks absent) (Wilson) 2.2 Consider approval of a resolution ordering the May 10, 2008 General Election for single-member city council districts (Wilson) 2.3 Consider approval of a resolution authorizing the mayor to execute an agreement between the city and the Denton County District Attorney for disposition of seized funds and property (Plemons) 2.4 Consider approval of resolutions adopting the Storm Water Management Plan and authorizing the city manager to sign the NOTICE OF INTENT for the Phase II Permit (Scruggs) 2.5 Consider approval of cancelling the second regular city council meeting which would normally be February 18, 2008 (Cheatham) 2.6 Consider approval of the amendment to the Developer's Agreement between the city and Wynnwood Peninsula, L TD and MSW Wynnwood, LLC (Cheatham) Motion to approve above consent agenda items- McCourry; second by Marshall; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering design study for laying fiber optic conduit along F.M. 423 (Koo) LT. Manager Bruce Maker said that his department would like to install conduit along F.M. 423, while the road is being widened, for use at a later time for data/communications lines. This funding is only for the design and does not include any installation costs. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. 3.2 Receive presentation, conduct a public hearing, discuss and consider approving modifications to the city's Master Thoroughfare Plan (Eubanks) Public Works Direct Steve Eubanks introduced Walter Ragsdale with Jacobs Engineering who reviewed the proposed Master Thoroughfare Plan. It was noted this plan goes along with the Comprehensive Plan and will be brought back to council in March for final approval. Mr. Ragsdale told the council that this plan is based on the North Central Texas Council of Government 2030 Mobility Plan. The city's original plan was adopted in 1989 and was updated in 1994 and 2006. Factors that were taken into consideration while preparing the plan included the city's growth and neighboring cities' growth. There was considerable discussion among council members regarding the alignment of the proposed Causeway Bridge and the fact that it changed from the previous alignment. According to the plan it now extends across Lewisville Lake 2 February 4, 2007 further to the east. Mayor Dillard added that the Corps of Engineers was instrumental in changing the alignment based on cost and the desire to move it away from the lake's dam. It was noted that the actual planning for this bridge is still many years away and will involve many factors. \ i . (, v JC ' U'-'l' Other items of discussion included F.M. 423 in relation to the Strickland Avenue crossing (Gordon Scruggs will review), and the North Colony/Lakeshore connector road. Councilmember McCourry asked that the Trails overlay be added to see how the connector road would impact the trails. Mayor Dillard opened the public hearing at 8:35 p.m. David Munden asked how the Causeway alignment might interfere with the new homes and golf course on Wynnwood Peninsula. Steve Eubanks advised the developers were consulted during the process but most of the land involved is Corp of Engineers property. Public hearing closed at 8:40 p.m. City Attorney Bob Hager suggested the Mayor reopen the public hearing in order to bring this item back in March for further discussion and review of council's suggestions. Public hearing was reopened at 8:43 p.m. Motion to continue the public hearing until March 17- McCourry; second by Marshall; motion passed with all ayes. 3.3 Discuss and provide direction to staff regarding changes to the Development Review Process (Bateman/Scruggs) Donna Bateman reviewed the proposed changes (handout provided) to the Development Review Process and asked for council's direction. She added that staff reviewed what other cities do during the review process. Gordon Scruggs added that items 3, 6, and 2 on the handout have already been implemented. He added that the purpose of the GANTT Chart (item 2) (or similar document) will aid the smaller developers that often have difficulty understanding all they need to do according to a time-line. The planning department would be responsible for creating the GANTT Chart for each developer and assist them in completing it. Councilmember McCourry stated his concern about the small developer understanding this process. Gordon suggested the city continue to address the easement submissions on an individual basis, and stated that he has some concerns with the Fast Track Review (item 12). A survey of council members resulted in the following: Councilmember Harris- general agreement with most except for item 9 (easements) -should be mandatory before groundbreaking. Councilmember McCourry- general agreement with most; no on item 4 (too vague) and item 9 should remain flexible depending on circumstances. Councilmember Marshall- no on item 12 and okay on item 9. Mayor Dillard- stated he has a concern about the fees on item 4 and should be addressed on a case by case basis; stated he's not sure about item 11 band c; no on item 12; item 13 leave it staffs option. 3 I' . r, f"" r\ U0b,iZ"?'; "-.....,., ,,;lo February 4, 2007 Councilmember Mikulec- item 4- handle on a case by case basis; can go either way on item 5; item 9- keep as is; is flexible on item 11; item 12 not in favor generally- handle on case by case basis. Councilmember Schrag- item 1- doesn't like mandatory; item 4 - doesn't like the increase in fees; is undecided about item 5; yes to item 12, and is flexible on item 9. Councilmember Marks- item 4- 3 free and 4th apply fee; item 5- okay for large projects; okay on 9, 11, and 12 (use discretion depending on size.) 3.4 Discuss and provide direction to staff regarding methods of voting in future municipal elections (Wilson) City Secretary Christie Wilson advised that this agenda item is to seek direction from council on the ballot/voting method for the May 10, 2008 general election (council single-member district places 3, 4 5, &6) and future city elections. In recent years state law mandated the use of voting equipment (at least one) in each polling place that meets the requirements of the 2002 Help America Vote Act. This alternative electronic method of voting does not involve a paper ballot and is commonly referred to as a Disabled Access Unit (DAU). During the city's last municipal election (2006) many of The Colony voters opted to use the DAU rather than vote an optical scan/ paper ballot. According to the Denton County Elections office, approximately sixty percent of Denton County voters voted electronically in 2007. Ms. Wilson stated she recently learned that the cities of Lewisville, Flower Mound, and Highland Village, as well as the Lewisville Independent School District, used only the electronic systems in their elections last year and will again in 2008. Paper ballots will only be used in the circumstance of by-mail voting. The electronic voting method makes it possible for any eligible voter to vote during Early Voting at any location within the county. Based on the voter's address the electronic equipment selects the proper ballot for that voter to have access to. (County does all the programming - the city rents equipment from them. ) If council decides to go with all electronic: . There would be some additional cost involved (an estimated ten percent increase overall) if only electronic devices are used (cost shared with LISD.) . We would have some paper ballots printed for by-mail voting. . It eliminates the need to combine the tallies from two different sets of equipment at the end of the day. . There is a method by which re-counts can be done. If all electronic equipment is used there should be some personnel cost savings due to the fact that the usual partial manual count that generally occurs on Election Day night will likely be eliminated. The voting equipment will be returned to the Denton County Elections office at the end of Election Day in order for them to tally the votes rather than it being done in house by the city secretary. 4 February 4,2007 Mayor Dillard polled the council as to their preference. All stated they would prefer all electronic voting except for Mayor Dillard and Councilmember Schrag who both stated they would prefer to keep the optical scan/paper ballot. : . t (; t.J 'oJ U u ...5 ~J Executive Session convened at 10:15 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 BiIIingsleys 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 TEXA~ 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 a land use agreement for Texas Legends Golf Driving Range. Reconvene to Open Session at 10:28 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 BiIIingsleys 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 land use agreement for Texas Legends Golf Driving Range. Motion to direct the city attorney to send a letter terminating the lease- Marshall; second by Harris; motion passed with all ayes. 5 ",.,. I' n ~j ,I q;~~;ilY 4, 2007 And with no further business to discuss the meeting was adjourned at 10:28 p.m. APPROVED: ohn Dillard, Mayor City of The Colony ATTEST: ,--",-(;"'i.L:<"_!':";~::,I/i ",~'C\1Y Cj.: {Jz~!tf~!{iiff,Lk~~ (1V..;~~;;.. City Secretary '\i:"o"",' ..~" 'Z(;; -l~ -4 S'" t. ':>':-(::'?;;".'T.r0~ "-: (:~, i. . c; ~ : i'--. .:() . 6