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HomeMy WebLinkAbout04/21/2008 City Council April 21, 2008 OU8620 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 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 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 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 - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Mayor Dillard presented an Arbor Day proclamation to Keith Helms, Parks Manager. Keith stated it will help the city to accomplish the Tree City USA designation by year end. Citizen Input- Perry Schrag announced his candidacy for re-election to Place 5. Roosevelt Johnson asked council to check on the extended area service charge (telephone). He believes the citizens are being charged in error for long distance. He advised there is an area on the sidewalk on Yates that needs repair. In addition he said he reported a recent incident where debris was coming from a garbage truck and didn't think the city employee he reported it to was proactive enough. Announcement of upcoming civic events and activities 1_ Siren activation procedures were reviewed by Asst. Fire Chief Van Weese. Storm cleanup and recent Clean-up Day report was provided by Terry Gilman. The mayor announced a $2,500 Library grant recently received from Texas Book Festival to expand the Books on CD program. Library Director Joan Sviensson introduced Library staff members who helped to prepare the grant application. Joan also announced I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 005621 April 21, 2008 upcoming Library activities. Keith Helm announced an Earth Day Ceremony to be held April 25th at 10 a.m. at Stewart Creek Park, and the new Adopt a Tree Program. Kids Chase By The Lake is scheduled for April 26t\ also at Stewart Creek Park. Mayor Dillard reviewed the early voting dates and times for May 10th City Council election. Joe McCourry announced the American Legion Chili Cook Off on April 26th. I 2.0 I CONSENT AGENDA 2.1 Consider approval of council expenditures for March 2008 (Council) 2.2 Consider approval of an ordinance amending the Code of Ordinances, Appendix D, Comprehensive Plan, to provide for adoption of the Master Thoroughfare Plan dated April 16, 2008 (Eubanks) 2.3 Consider rejecting all bids for the fiber optic connectivity between city hall and the police department, and authorize staff to rebid in the future (Maker) 2.4 Consider approval of a resolution authorizing the city manager to execute the Second Amendment to Ground Lease Agreement with Wynn wood Army LLC for the development of a second golf course, trails and amenities at the Tribute (Nelson) 2.5 Consider accepting resignation of Chris Italia from the Code Enforcement Advisory Board (Council) 2.6 Consider approval of a resolution authorizing issuance of a purchase order for water meter readers with pricing available through the Texas Cooperative Purchasing Network (Maurina) Motion to approve- 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 Economic Development Funding Agreement between the City of The Colony and The Colony Economic Development Corporation (Terrall) EDC Director Tom Terrall advised that this item is for an agreement between the city and The Colony Economic Development Corporation for EDC to give the city $1,670,000 for the Austin Ranch infrastructure project. The agreement has already been executed by the EDC. Motion to approve- Marshall; second by Schrag; motion passed with all ayes. The EDC members in attendance, Tom Terrall, Mayor Dillard, and City Manager Dale Cheatham posed for a photo of the ceremonial presentation of the check. Mayor Dillard thanked all who participated in this project. 3.2 Conduct the second of two public hearings, discuss and consider annexing approximately 259.62 acres of land on Lebanon Road and Boyd Road (A08- 0002, Bateman) 2 008622 April 21, 2008 At 7:40 p.m. City Attorney Bob Hager requested to have an executive session with the council on this item. Council resumed open session at 8: 10 p.m. with no action taken from the executive session. Donna Bateman said this is the second public hearing for this annexation. She advised that future references to these two tracks of land will be "Tribute West". She reviewed a map of the areas' locations and said Planning and Zoning recommended approval. Mayor Dillard opened the public hearing at 8: 11 p.m. Bob Hager said this is a voluntary annexation requested by the property owner (Matthews Southwest and their affiliates). With no one else wishing to speak the public hearing closed at 8: 12 p.m. 3.3 Conduct the second 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 advised this is the second public hearing for this voluntary annexation (requested by the property owner). She reviewed the annexation area (from Carrollton) of approximately thirteen acres and related disannexation area (to Carrollton) of approximately 26 acres that is along a creek bed. The exchange will offer more frontage along Piano Parkway in our city limits. Donna added that the city of Hebron will maintain a ten foot strip in the middle of the creek bed. The pubic hearing was opened at 8:14 p.m. Bob Hager added that Mr. Billingsley (property owner) has indicated his desire for the city to move forward. The public hearing closed at 8:15 p.m. 3.4 Continue a public hearing, discuss and consider an approving an ordinance amending Chapter 6 and Appendix A Zoning of the Code of Ordinances relating to architectural requirements for accessory structures (SI07-0015, Bateman) Donna Bateman summarized the amendments to the ordinance as follows: I) Increase in size from 20 square feet to 64 square feet for building permit requirement; 2) Architectural design compatibility with the primary structure is removed; 3) Added photos showing acceptable and unacceptable structures; 4) The variance and appeals process is moved to Chapter 6 to allow those to be heard by the Board of Adjustments. Councilmember McCourry stated he would like the height requirement for structures to be increased from six feet to eight feet in Sections 600, 700, 800 and 900 before a permit is required. He advised that eight feet allows for headroom. Councilmember Harris stated his disagreement with eight feet (later stated he would agree with swing sets being excluded from the six feet permit requirement.) Councilmember Marshall agreed with Councilmember Harris to keep the height at six feet. Councilmember Mikulec then stated that he believes 3 005623 April 21, 2008 the city may be too heavily regulating backyards and added that he will vote against the ordinance. Mayor Dillard opened (continued from a previous meeting) the public hearing at 8:25 p.m. One citizen spoke (gave address but name was not audible) asking that the council vote for not over regulating, and that he disagrees with swing sets being included. Public hearing was closed at 8:26 p.m. Motion to approve (as presented)- Harris; second by Marks; Motion to amend the previous motion changing the six feet height requirement for permit to eight feet- McCourry; second by Mikulec; Councilmember Schrag requested a "friendly amendment" that the size be changed to "less than sixty-four square feet and six feet". Councilmember McCourry declined the amendment request. Amendment six feet to eight feet in Sections 600, 700, 800, and 900 passed with the following vote: Ayes- McCourry, Dillard, Mikulec, Schrag and Marks Nos- Harris and Marshall City Attorney Bob Hager then stated to council that their next vote will be to approve the ordinance (previous motion by Councilmember Harris) which now includes the amendment to change six feet to eight feet. Motion passed with the following vote: Ayes- Marshall, McCourry, Dillard, Marks Nos- Harris, Mikulec, Schrag 3.5 Conduct a public hearing, discuss and consider amending Section 17 of Zoning Ordinance relating to the site plan approval process (SI08-0003, Bateman) Donna Bateman stated that on February' 4, 2008, staff presented City Council with a list possible changes to the current development review process. One item that was discussed related to the site plan approval process. Based on those discussions, staff has created three (3) categories of site plan approval. Those categories are defined as follows: 1. Site plans for new construction must comply with all submittal requirements of this ordinance and the Engineering Criteria Manual. After review from the Development Review Committee, the Planning and Zoning Commission will make a recommendation to the City Council for their consideration and final decision. 2. Amendments to an existing site plan that involve changes to the building layout, building elevations, traffic circulation or other extensive changes must be considered by the Planning and Zoning Commission after a 4 008624 April 21, 2008 recommendation has been received by the Development Reviews Committee. The Planning and Zoning Committee will make the final decision. 3. Amendments to the site plan that involve changes to landscaping, exterior color of buildings, addition of minor architectural features such as awnings, lighting fixtures, etc, shall be considered by the Director of Development Services after a recommendation has been received by the Development Review Committee. No further action by the Planning and Zoning Commission or City Council will be required. Councilmember Mikulec stated that these changes were requested to streamline the process. The public hearing was opened at 8:35 p.m. Donna added that the actual ordinance, if council authorizes, will be brought forth at the next meeting on the consent agenda. Public hearing was closed at 8:37 p.m. Motion to approve this zoning case as reflected in 3.5- McCourry; second by Harris; motion passed with all ayes. 3.6 Discuss and consider approval of a resolution authorizing the city manager to execute a contract to provide engineering services for chemical feed and process control upgrades to the Wastewater Treatment Plant (Maurin a) Utility Superintendent Tod Maurina reviewed this request by saying the engineering contract is to design a chemical back-up system for phosphorous removal (a TCEQ requirement to upgrade plant capacity to 4.45 MGD), addition of variable speed frequency motor drive, and process controls (providing energy savings and enhanced process control), and sludge thickening equipment to increase the efficiency of the sludge handling process by reducing disposal costs. He added that the need for these items was unforeseen in the design stage of the wastewater treatment plant's remodel, and that there has been a recent surge in sludge hauling costs. Councilmember Marshall asked whether the existing SCADA system is sufficient to handle new technology to which Tod replied yes. Motion to approve- Marshall; second by Harris; motion passed with all ayes. 3.7 Receive presentation from staff on design, cost estimates, funding sources and timeline for proposed Shoreline, Austin Ranch, and Inner-City trail systems, discuss and provide direction to staff on proceeding with these projects (Nelson) Parks Manager Keith Helms provided an update for the Trails. He stated staff wanted to ensure council is supportive of the trails as proposed by the Community Development Corporation (CDC). Keith went on to say the first phase is the Shoreline Trail (Ridgepointe Park to Stewart Creek Park), which will be 10 foot wide and 13 miles long. He reviewed the plan and noted that two bridges have been added, and that the erosion problems are being addressed. The Inner-City Trail (Slay/Baker Park to North Colony Boulevard on the gas easement) and Austin Ranch Trail (Piano/The Colony city limits to Piano Parkway) are included in the CDC proposal. A Parks and Recreation staffperson will maintain the trails, with one-half of that position being funded by the CDC along with one-half of a 5 008625 April 21, 2008 work vehicle. Keith also reviewed the time-line, bid process and the need for Corps of Engineers approval. Parks Director Pam Nelson reviewed the combined costs estimates and funding sources, adding that with some alternates included, the estimate for all is $3,726,909. She stated CDC would like the city to issue the bonds and CDC will make the debt payment. Pam clarified that the CDC has been setting aside funds for several years for this project that are relatively equivalent to what the debt payment will be, and there will be no impact on the general fund. The CDC will want a written agreement between them and the city. Discussion followed regarding whether to include the two smaller trails in the bid process, and when to go out for bid. It was decided that further decisions on the projects will be considered after the May 28th budget meeting which will also be after the newly elected council members are seated. City Attorney Bob Hager advised the council there was no need for Executive Session. 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. Not discussed. 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. Not discussed. 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. Not discussed. 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. Not discussed. 6 April 21, 2008 008626 And with no further business to discuss the meeting was adjourned at 9:50 p.m. ATTEST: cJ;W)~ I ,;J~ Christie Wilson, TRMC; City Secretary APPROVED: 7