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Home My WebLink About03/17/2008 City Council March 17, 2008 008606 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 17, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 17th day of March 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 Absent Present Present Present Absent Present And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, PROCLAMATIONS: Call to Order Invocation - Christ Community Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Steve Taylor and Jennifer Taylor both questioned the recent speed limit increase in the Eastvale area. They were concerned that there are no sidewalks along the streets so children often ride bikes, etc. in the street, and drivers often speed in this area. Marcus Belcher spoke concerning a hole in his alley that needs repair, a no handgun sign that was on the front of city hall (now removed), and the (lack of) an ordinance formally establishing a police department. At this time city attorney Bob Hager advised the council that regardless of signage, it is illegal to have a handgun at a government meeting, and that the city passed an ordinance last Fall regarding the establishment of the police department. Announcement of upcoming civic events and activities 1_ Library Director Joan Sveinsson announced student Spring Break activities as well as adult activities scheduled at the Library. I CONSENT AGENDA Consider approval of minutes (Kelly) Consider approval of council expenditures for February 2008 (Council) RECOGNITIONS AND I 2.0 2.1 I of council meetings held March 3, 2008 2.2 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. o 0 S 6 0 r, March 17,2008 2.3 Consider approval of the investment report for the quarter ending December 31,2007 as prepared by Avalon Financial Services (Koo) 2.4 Consider approval of a resolution expressing official intent to reimburse costs of projects (Koo) 2.5 Consider approval of a resolution authorizing the city manager to execute an Agreement As To Lease and Sublease Agreement Assignment for the lender providing funding to MarineQuest for the marina at Hidden Cove Park (Nelson) 2.6 Consider approval of a resolution authorizing the city manager to execute an Interlocal Agreement with Denton County to accept the donation of the Belz Rd. Historical Bridge (Nelson) 2.7 Consider approval of an ordinance amending the Code of Ordinances, Section 14-6, to provide an exception permitting prohibited conduct on a limited basis through a council approved license agreement (Nelson) 2.8 Consider approval of a resolution authorizing the city manager to execute a Park Attendant Agreement to provide contractual services at Stewart Creek Park (Nelson) 2.9 Consider accepting the resignation of Marlene Milsak from the Planning and Zoning Commission (Wilson) Motion to approve- McCourry; second by Marshall; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS (Mayor Dillard moved item 3.6 up in the agenda.) 3.6 Discuss and take appropriate action regarding a council member attending the International Council of Shopping Centers trades how May 18-21, 2008 (Terrall) EDC Director Tom Terrall asked the council to appoint two members of council and an alternate to attend the ICSC tradeshow in Las Vegas in May. It was noted that council members have accompanied the EDC staff and board members to this tradeshow for the past six years. Mr. Terrall advised that it is not known exactly how many businesses are located here as a result of the city participating in the tradeshow. He added that council members Marks and Harris had expressed an interest in attending again this year. Motion to appoint Marks and Harris to attend the lCSC Tradeshow with Marshall as an alternate- Dillard; second by McCourry; motion passed with all ayes. 3.1 Receive presentation from First Southwest Company on water and sewer debts refunding (Koo) Finance Director Rebecca Koo introduced Jason Hughes with First Southwest Company who briefed the council on debt refunding. Mr. Hughes provided a handout listing the current bonds that are eligible for refunding which will result in a debt service savings for the city. He added that this action will not extend the life of the debt. Additionally, Mr. Hughes advised that the plan is to bring this back to council on April 7th for formal approval, however, with the market conditions being so volatile, there may be a delay. 2 008608 March 17, 2008 3.2 Continue a public hearing, discuss, consider and provide direction to staff to prepare an ordinance amending the city's Master Thoroughfare Plan (Eubanks) Mayor Dillard reconvened the public hearing at 7:35 p.m. Public Works Director Steve Eubanks advised the council that some amendments to the plan were made based on council input at a previous meeting. Walter Ragsdale with Jacobs Engineering explained how the amendments were incorporated into the plan. He explained that the county's plan actually showed three possible configurations for the Causeway, and since there were concerns about them, he incorporated a "bubble" into our plan showing the general area without showing a specific alignment. The other matter for discussion was the North Colony/Lakeshore connector road. Steve gave the pros and cons of each option presented (Pogue Circle or Keys Drive). Citizen James Williams asked if there's any plan for the Causeway to be built prior to 2030, stating the traffic issue on F.M. 423 is a serious problem. Mayor Dillard closed the public hearing at 8:06 p.m. Mayor Dillard called for a council vote on both issues. Motion to incorporate the "bubble" showing general alignment for the Causeway- Marshall; second by McCourry; motion passed with all ayes. Motion to leave both connector road options on the plan (Pogue & Keys)-McCourry; second by Marks; motion passed with the following vote: Ayes-Dillard, McCourry, Marks Nos- Marshall, Mikulec 3.3 Conduct a public hearing, discuss and consider a special exception for an accessory structure located in a nonresidential zoning district, specifically 7228 Main Street (SE07-0001, Bateman) Planning Director Donna Bateman told the council that this accessory structure violation was documented last year. The applicant provided an incomplete application for a special exception and never responded when contacted about it. The tenant/occupant may be changing but a request to keep the structure is being made by the new tenant. Donna added that accessory structures in a commercial area are prohibited by ordinance. Staff is recommending denial of the special exception request. The public hearing was opened at 8: 12 p.m. Carl Noble said that he holds the lease on the building and was sub-leasing it to the applicant. He said he took the building back three days ago and he will re-open a flooring store. He would like to keep the storage container. He asked council to table this item or extend him some time to meet with requirements. Councilmember Mikulec asked what the container/structure was made of. Donna indicated it is like a railroad car, also that it backs up to a residential neighborhood. The public hearing was closed at 8: 17 p.m. Councilmember Mikulec stated he felt the container should be removed but wanted to give Mr. Noble 30 days for removal. Bob Hager advised there is no provision in the ordinance to extend time for removal. 3 008609 March 17, 2008 Motion to deny the special exception request- McCourry; second by Marshall; motion passed with all ayes except for Dillard who voted no. 3.4 Conduct a public hearing, discuss and consider approval of an ordinance amending the Code of Ordinances by repealing Article IX Regulations for Accessory Structures, Sections 6-150 through 6-162, in its entirety; and, amending Appendix A Zoning by adding Section lOB Regulations for Accessory Structures (SI07-0015, Bateman) Donna advised this item moves accessory structure regulations from Chapter 6 Buildings to the Zoning Ordinance, and would allow special exceptions and variances to be heard by the Board of Adjustment. It also removes all requirements for architectural compatibility with the main structure. The public hearing was opened at 8:30 p.m. Councilmember Marshall stated he is uncomfortable with removal of any regulation about building materials or other standards for accessory buildings. Councilmember McCourry said he is in favor because what is in place is too restrictive. Citizen Evan Midget said that he feels there should be some standards in place but that the roof pitch requirement, for instance, generally makes the size of the storage building too large. Councilmember Marks asked if the "barn style" can be added to the ordinance. Mayor Dillard closed the public hearing but upon the recommendation of the city attorney reopened it at 8:50 p.m. Mr. Hager suggested if council wants take some time to work on this the public hearing could be continued on a specific date. Motion to continue the public hearing until April 21st and set a workshop date prior to that- McCourry; second by Marshall; motion passed with all ayes except for Mikulec who voted no. Councilmember McCourry asked Donna if she can provide some photos of various structures for council to evaluate. 3.5 Discuss and consider approval of a resolution authorizing the city manager to execute a contract with Centennial Contractors for remodeling at the animal shelter (Gilman) Motion to approve- McCourry; second by Dillard; motion passed with all ayes. Executive Session convened at 8:55 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. 4 aaS610 March 17,2008 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 551.087 of the TEXAS GOVERNMENT CODE to deliberate the offer of a financial or other incentive to a business prospect. Reconvened to Open Session at 9:10 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. 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. No action. D. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect. Motion to approve the Developer's Agreement Between the City of The Colony and Wynn wood Peninsula Partners, L.P. and authorize the city manager to execute- McCourry; second by Marks; motion passed with all ayes. (It was then noted that the Mayor was to be authorized to sign the agreement rather than the city manager.) And with no further business to discuss the meeting was adjourned at 9: 15 p.m. APPROVED: '''''''-''--'...<.'' ATTEST: ~~tdJ;r City Secretary /(>~,.'1 OF :Y~ . (' j'j~.'(' ,ti '; PL- ~\'. ~"', iJ i.. ii' " .' i I -r" '<'~~ ~ ", j %~~/' 5