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HomeMy WebLinkAbout04/07/2008 City Council 00S611 April 7, 2008 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 7, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:10 p.m. on the 7th day of April, 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 (arrived at 7:40) Present And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, PROCLAMATIONS: Call to Order Invocation - Friendship Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Mayor Dillard presented a proclamation to Lise Rizzo honoring National Public Safety Telecommunicator's Week. Melissa Cline and Tracy Trevino were also in attendance. Citizen Input - None Announcement of upcoming civic events and activities 1_ Special Events Coordinator Emily Fox announced upcoming events that will be hosted by the Parks and Recreation Department. Library Director Joan Sveinsson announced scheduled events at the Library. Steve Eubanks, Public Works Director, announced Spring Cleanup would be held on Saturday, April 12, at the Hawaiian Falls parking lot. Mayor Dillard reminded everyone elections for Denton County Judges will be held on Wednesday, April 8. Joe McCourry stated the American Legion Riders Post 21 will host a Chili Cookoff on April 26 at Lions Club Park. Alan Harris announced The Colony High School boys' soccer team is in the finals for the state championship. I CONSENT AGENDA Consider approval of minutes (Wilson) RECOGNITIONS AND I 2.0 2.1 I of council meeting held March 17, 2008 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 00861~ April 7, 2008 2.2 Consider approval of and authorize the mayor to sign the Order of Cancellation for city council single member district elections in Place 3 and Place 4 for the May 10, 2008 general election (Wilson) 2.4 Consider approval of a resolution formally adopting the new city logo and authorizing use of the logo in all aspects of identifying and promoting the city (Baxter) Motion to approve above consent items- McCourry; second by Marshall; motion passed with all ayes. Councilmember Harris requested item 2.3 be discussed seperately. 2.3 Consider approval of a resolution establishing a single polling site, designating election judges, and establishing election worker pay rates for the May 10,2008 general election (Wilson) Councilmember Harris stated this item establishes a single polling place at Peters Colony Elemtary for the city council election and Lewisville ISD bond election. This makes voting more convenient for the voters living in Place 5 and Place 6 precincts, and all Lewiville ISD voters since it is centrally located and everything is in one location. Motion to approve- Harris; second by McCourry; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Receive presentation of the Comprehensive Annual Financial Reports and Single Audit Report from the outside auditors (Johnston) Shawn Parker, Weaver and Tidwell, presented the Comprehensive Annual Financial Report (CAFR) for fiscal year ending September 30, 2007. The report was presented in three sections: Introductory, Financial, and Statistical. The Financial section includes basic financial statements and an independent auditor's report. The city's general fund balance increased by $400,000. The Statistical section includes comparative economic and financial data presented in a multi- year format. Overall the city's financial standing has improved. There are no indications of material weaknesses or significant deficiencies regarding the city's internal controls and compliance. Tony Johnston, Assitant City Manager, stated the city has received the Distinguished Budget Presentation Award for eighteen consecutive years and the Certificate of Achievement for Excellence in Financial Reporting Award for fourteen consecutive years. 3.2 Discuss and consider adopting an ordinance authorizing the issuance and sale of City of The Colony, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 2008; providing for the security for and payment of said bonds; and enacting other provisions relating to the subject (Johnston) 2 008613 April 7, 2008 Tony Johnston stated the city has the opportunity to refinance several Waterworks and Sewer System Revenue Bonds at a lower interest rate. This would save the city $336,000. Boyd London with First Southwest Company presented information before the council regarding the refinance. Based on the current market and the lower interest rate currently available to the city, Boyd recommended proceeding with the refinancing. Motion to approve the ordinance authorizing the issuance and sale of Waterworks and Sewer Revenue Refunding Bonds- McCourry; second by Marshall; motion passed with all ayes. (Councilmember Schrag was not present during part of the presentation and abstained from voting.) 3.3 Conduct a public hearing, discuss and consider adopting an ordinance for a specific use permit for an auto sales and service at 7112 Main Street and located in a General Retail zoning district (SUP08-0002, Bateman) Donna Bateman, Planning Director, stated a request has been submitted for a Specific Use Permit (SUP) allowing golf cart sales and minor service inside the business located at 7112 Main Street. Staff interprets golf carts as a recreational vehicle, therefore requiring a SUP. The Planning and Zoning Commission recommends approval with the following stipulations: 1. Indoor sale and display of recreational vehicles only 2. No outdoor product display may be allowed on the site 3. Storage of equipment and product is allowed only in the area shown on the site plan behind the fenced area 4. No storage of equipment or product may be allowed on the property to exceed more than 72 hours 5. The privacy fence shown on the site plan must be kept in good operating condition and the gate is not allowed to remain open for more than 3 hours at a time during a 24 hour time frame 6. Hours of operation shall be seven days a week from 8:00 a.m. to 6:00 p.m. Council discussed the 72 hour time frame designation for storage of equipment. Councilmember Harris asked if notices had been sent to those citizens and businesses near the location, and if so, had we received any opposing the request. Donna stated notices had been sent and none were received opposing the request. Mayor Dillard opened the public hearing at 7:50 p.m. Eric Pugh with Centex Golf Carts was present to anwer any questions. He stated The Colony is a golfing community and therefore would make an ideal location for the business. He also requested the business be allowed to stay open until 8:00 p.m. during the summer months. Eric also said instead of the 72 hour designation, 24 hours would be fine and that nothing would be left outside the privacy fence overnight. The city attorney suggested allowing product demonstration in the front part of the lot during regular business hours only. Jeff Connelly, 5829 Concord, asked how long the SUP would be effective. Donna stated a SUP stays in effect for the property and does not change if another business moves in. 3 008614 April 7, 2008 The city attorney stated the current ordinance does not permit an outside display in that zoning district, but the applicant could demo the product in the front. Mayor Dillard closed the public hearing at 8:05 p.m. Motion to approve with stipulations 1,2, 3, and 5, and to add an additional stipulation allowing product demonstrations during normal business operating hours, and to remove stipulation 6- Harris. Motion was seconded by Mikulec; motion passed with all ayes. 3.4 Conduct the first of two public hearings, discuss and consider annexing approximately 259.62 acres of land on Lebanon Road and Boyd Road (A08- 0002, Bateman) Donna stated this was the first of two public hearings to be held. She then presented information regarding the voluntary annexation being requested by the property owner of 259..62 acres. Donna presented a map with the proposed area for annexation. The 259.62 acres is split into two areas with Wynnwood Haven Estates located in the middle. Donna stated that although Wynnwood Haven Estates is located within the city's extraterritorial jurisdiction (ETJ), that area is not included as part of this annexation. The proposed areas for annexation will become part of The Tribute subdivision. Notices regarding the annexation were sent to property owners within 200' of both tracts. Three were returned; one in favor and two in opposition. One of the notices returned in opposition indicated uncertainty as to whether Wynn wood Haven would be included. The Mayor opened the public hearing at 8:07 p.m. The city attorney read the notices, including names and those in favor and opposition of the annexation. Ed Canada, 10591 Buccaneer, stated part of the proposed area was in Frisco's ETJ. The city attorney stated it was not in Frisco's ETJ and that there was a legal issue involving the City of Frisco regarding this area and that it would not be discussed this evening. The public hearing closed at 8:09 p.m. The city attorney stated various maps show this property to be located in The Colony's ETJ and some show it to be located in Frisco's ETJ. The Colony was created out of Frisco's ETJ approximately 35 years ago. When that occurred, Frisco relinquished what is now The Colony's corporate city limits and some additional land. In 1986 there was a lawsuit filed regarding what belonged to Frisco and what belonged to The Colony. 3.5 Conduct the first of two public hearings, discuss and consider annexing approximately 13.283 acres of land located on the west side of Piano Parkway south of Windhaven Drive, and the disannexation of approximately 26.301 acres on the east side of PIano Parkway south of Windhaven Drive (A08-0001, Bateman) Donna stated this was the first of two public hearings to be held. She then presented information regarding the annexation and disannexation. The annexation includes approximately 13.283 acres of land located on the west side of Plano Parkway, south of Windhaven and the disannexation includes approximately 26.301 acres on the east side of Piano Parkway, south of 4 008615 April 7, 2008 Windhaven. Donna stated notices were sent to property owners in the area. The only notice returned was from the Billingsley Corporation in favor of the annexation/ disannexation. The Mayor opened the public hearing at 8: 14 p.m. The city attorney read the returned notice. No one spoke and the public hearing closed at 8: 16 p.m. 3.6 Discuss and consider approval of a resolution authorizing an architectural contract amendment with Wiginton, Hooker, Jeffry to include all phases of the police and court building expansion and renovation project, and authorizing the city manager to sign (Clark) Joe Clark stated the request is to amend Section 11.2.1 of the architectural services contract with Wiginton, Hooker, and Jeffrey that was approved in October, 2007. In March, 2008, Council directed staff to proceed with the development and design of all phases of the proposed renovation and expansion of the police and court building. This amendment authorizes an amount not to exceed $691,900 in order to broaden the scope of the contract. Motiol1 to approve- McCourry; second by Marshall; motion passed with all ayes. 3.7 Discuss and consider approval of a resolution awarding an annual bid and authorizing the city manager to execute a contract for sidewalk and alley repairs (Sparkman/Eubanks) Steve Eubanks, Public Works Director, stated council authorized more money this budget year for sidewalk and alley repairs. Bids were sent out and six were returned. The low bid was submitted by F & F Concrete in the amount of $335,110. Steve said F & F Concrete has done work for the city previously and he was pleased with their work. Mayor Dillard asked when the work would begin. Steve stated work would begin within two weeks of the contract being signed. Motion to approve- Harris; second by McCourry; motion passed with all ayes. Councilmember Marks asked about warranty information. Steve stated the maintenance and performance bonds are for two years. 3.8 Discuss and consider approval of a resolution awarding an annual bid and issuing appropriate purchase order for sludge hauling (Sparkman/Maurin a) Tod Maurina, Utilities Superintendent, stated bids were sent out for sludge hauling. L.H. Chaney submitted the low bid in an amount of $38.25 per cubic yard. Tod said L.H. Chaney has done work for the city previously and he was pleased with their work. Motiol1 to approve- Marshall; second by Marks; motion passed with all ayes. 5 OU8616 April 7, 2008 3.9 Discuss and consider approval of a resolution awarding a bid and issuing appropriate purchase order for design and installation of fiber optic connectivity between city hall and the police department (Johnston) Bruce Maker, IT Manager, presented information regarding the installation of fiber optic connectivity from the Police Department to City Hall. Fiber optics have already been installed between Fire Station #3 and City Hall. He then presented pros and cons, a cost analysis, and secondary solutions that have been investigated. Bruce stated Henkels & McCoy, Inc. submitted the low bid in the amount of$102,433. Motion to table this item, allow staff the opportunity to return before the Technology Board to review the current proposal along with other options that may be more cost effective- Harris; second by McCourry; motion passed with the following vote: Ayes- Dillard, Harris, McCourry, Mikulec, Schrag, Marks Nos- Marshall 3.10 Discuss and make appointments to fill vacancies on the Economic Development Corporation Board of Directors and the Planning and Zoning Commission (Council) Mayor Dillard stated interviews had been conducted a while ago. Councilmember McCourry asked for verification regarding Lynn Genung's withdrawal. Angie Kelly, Deputy City Secretary, stated Mr. Genung withdrew his application and was no longer interested in serving on either board. Councilmember Mikulec stated he had spoken with Kevin Braby and he was still interested in serving on either board. Motion to nominate Kevin Braby to the Economic Development Board- Schrag; second by Mikulec; motion passed with all ayes. Motion to nominate David Terre for Planning and Zoning Commission- McCourry; second by Mikulec; motion passed with all ayes. Executive Session convened at 8:40 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. 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. 6 00861r( April 7, 2008 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 pending contract with the North Texas Municipal Water District regarding the Indian Creek Interceptor. Reconvene to Open Session at 9:13 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 pending contract with the North Texas Municipal Water District regarding the Indian Creek Interceptor. No action. And with no further business to discuss the meeting was adjourned at 9: 13 p.m. APPROVED: hn Dillard, Mayor ity of The Colony, Texas istie Wilson, TRMC, CMC City Secretary 7