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Home My WebLink About06/16/2008 City Council June 16, 2008 oa86~9 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 16, 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 16th day of June 2008, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Jeff Connelly 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 Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Inout- none Announcement of upcoming CIVIC events and activities 1_ Mayor Dillard announced Liberty by the Lake (July 4th) activities and the Denton County Transportation Authority upcoming meetings regarding future transportation issues for Denton County. Joan Sveinsson announced two grants that were received and upcoming Library activities. Diane Baxter and Ted Ringener introduced the new Citizen Action Center which is a communication tool now available on the city's website. Diane reviewed the features and history and rovided a brochure to the council. CONSENT AGENDA Consider approving council expenditures for May 2008 (Council) Consider approval of a resolution authorizing the city manager to execute a maintenance agreement with the Texas Department of Public Transportation for right-of-way drainage facilities on the DBSI property (Scruggs) 2.6 Consider approval of a resolution authorizing the City Manager to execute lease no. DACW63-1-08-0620 with the US Army Corps of Engineers for Hidden Cove Park replacing lease number DACW63-1-00-0816 (Nelson) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 008650 June 16,2008 Motion to approve above consent agenda items- Marshall; second by Marks; motion passed with all ayes. Councilmember Connelly requested 2.1 be addressed separately so that he could abstain for June 2nd since he was absent. 2.1 Consider approval of minutes of council meetings held May 28 and June 2 (Connelly absent), 2008 (Wilson) Motion to approve- Marshall; second by Schrag; motion passed with all ayes except/or Connelly who abstained. Councilmember Connelly requested 2.3 be addressed separately and asked about the number of years expected for reimbursement. 2.3 Consider approval of an ordinance amending the 2007-2008 General Fund and Storm Water Utility Fund budgets to provide for funding of erosion control behind homes on Creek Hollow Way (Koo) City Engineer Gordon Scruggs advised that he anticipates it will take 2-3 years to payback the city. City Manager Dale Cheatham added that if necessary debt could be issued in the future. Motion to approve- Marshall; second by Marks; motion passed with all ayes. Mayor Dillard requested 2.4 be moved to Regular Session so that an Executive Session could be held. I 3.0 I REGULAR AGENDA ITEMS Mayor Dillard moved item 3.5 up on the agenda. 3.5 Discuss and consider approval of a resolution authorizing the city manager to execute a Settlement and Release Agreement with Oncor Electric Delivery (Eubanks) Public Works Director told the council that this settlement agreement is for poor performance of street lights mainly at South Colony and Paige (approx. $15k), and discrepancies on inventory counts (approx. $8k). Danny Hodges with Oncor was present to answer questions. Councilmember Marks asked Mr. Hodges what Oncor's responsibility is regarding maintenance of the older lights. Mr. Hodges replied they repair and replace bulbs and ballasts, and provide paint to the city or to the HOA's and then they pay a paint contractor. Oncor also repairs/replaces knocked down fixtures. He added that depending on the type of light, different levels of repair apply. Discussion followed as to what is an acceptable level of service for the lights and poles. Steve added that Bob Sparkman (purchasing) is working with the CAPP committee to determine this. It was noted that anyone can report bulbs being out on Oncor's web site as well as on the city's website. Motion to approve settlement agreement-Harris; second by Marks; motion passed with all ayes. 2 008651 June 16,2008 Executive Session on 2.4 and 3.1 was called.at 7:25 p.m. Regular Session was reconvened at 8:05 p.m. 2.4 Consider adoption of an ordinance to amend and correct a scrivener error in Ordinance Number 275 in the metes and bounds description by correcting the direction call in said property description (SI08-0005, Bateman City Attorney Bob Hager advised the council that this ordinance amends existing Ordinance 275 and corrects a scrivener error. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.1 Continue a public hearing, discuss, and consider approval of a Specific Use Permit to allow an auto parts accessory sales and service use within the Business Park zoning district on approximately 0.851 acres located approximately 900 feet east of Blair Oaks Drive and north of S.H. 121 (SUP08-0001, Bateman) Donna Bateman told the council that this item was tabled at the May 19th meeting. The property owner, DBSI, is now requesting to withdraw this zoning case. City Attorney Bob Hager advised there is no need to continue the public hearing under these circumstances. No action was taken on this item. 3.2 Conduct a public hearing, discuss, and consider an ordinance regarding a zoning change from Business Park to Planned Development to allow an extended stay hotel on approximately 2.045 acres located at the southeast corner of Market Street and Memorial Drive (Z08-0001, Bateman) Donna Bateman advised that this item is to discuss establishing a Planned Development to allow for extended stay hotel use. If approved a site plan will be presented to council at a later date. She said the definition of an extended stay hotel is categorized in Code of Ordinances Chapter 6 as multifamily rental property. The property is located within the Gateway Overly District and is currently zoned Business Park. She confirmed that this action would change the zoning on the land and it could be developed for this use regardless of whether this applicant or another applicant applied to build an extended stay hotel. Proposed Development Regulations for this planned PD are recommended by the Planning and Zoning Commission. After confirming with Donna that this use is contrary to the overlay district, Councilmember Harris spoke in opposition of the zoning change. The public hearing was opened at 8:35 p.m. Richard King, architect for the project, reviewed specific features that would be included. Councilmember Harris read a comment from a citizen (against) regarding the crime rate related to extended stay hotels. Harris added there are ample hotel rooms already proposed for the city, and that this use is against the master plan for the city. Councilmember Connelly asked whether the Road House restaurant was to be an anchor for other restaurants. City Manager Dale Cheatham affirmed that was the concept. The public hearing closed at 8:55 p.m. 3 UUS652 June 16, 2008 Motion to approve- Marshall; second by Marks; motion failed with the following vote: Ayes- Dillard and Marks Nos- Harris, Connelly, Marshall, Mikulec, Schrag 3.3 Conduct a public hearing, discuss, and consider amending Section lOB of the zoning ordinance regarding regulations for recreational play equipment and authorize an ordinance (SI07-0015, Bateman) Donna Bateman reminded council that this ordinance removes the requirement for a building permit for play equipment. Public hearing opened and closed at 8:57 p.m. with no one wishing to speak. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes except for Harris who voted no. 3.4 Conduct a public hearing, discuss, and consider amending Section 18 of the zoning ordinance regarding Fence and Retaining Wall regulations specifically relating to the variance process and authorize an ordinance (SI08-0004, Bateman) Donna Bateman advised the council that staff is in the process of reorganizing Chapter 6 and that as part of this process staff is recommending the fence regulations be moved to the zoning ordinance. By making this move all appeals to the fence requirements would be heard by the Board of Adjustment. The public hearing was opened and closed at 9:00 p.m. with no one wishing to speak. Motion to approve- Connelly; second by Marks; motion passed with all ayes. 3.6 Discuss and consider appointing a Mayor Pro tern and Deputy Mayor Pro tern (Council) Councilmember Marshall nominated Allen Harris for Mayor Pro Tern and Councilmember Harris nominated Perry Schrag. After a poll of the council, Allen Harris was selected as Mayor Pro tern. Councilmember Connelly nominated Perry Schrag for Deputy Mayor Pro tern and Councilmember Marshall nominated Joel Marks. After a poll of the council, Perry Schrag was selected as Deputy Mayor Pro tern. Executive Session was convened at 9: 15 .m. EXECUTIVE SESSION 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 4 008653 June 16, 2008 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 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding a possible annexation of approximately 259.62 acres of land on Lebanon Road and Boyd Road. Reconvene to Open Session at 9:55 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. No action. 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 a possible annexation of approximately 259.62 acres of land on Lebanon Road and Boyd Road. No action. And with no further business to discuss the meeting was adjourned at 9:55 p.m. APPROVED: ty of The Colony ~.nJ]J.r::a::~'~, .r).,.r-;- lI"" T ~ __ ';'-'l--_ ....... n... ,1-(. .. ~., {,,{'y" I \.) i ;"':',.",\ ;>:.-. ,v /' ,', . .' . . . . ". . '. "0"" ' ffCY .:.:".... 0" "0 '-,:" i (, ,0 '.' ') '~ 1 of, . l . l:'," . . ". -=.!- ' j , ~ , /~ 'r . ... ,~ ::t : (: .:~\ :-< , \- :. t.) ~> t-!~ : (!1T fit/..;W~ Christie Wilson, TRMC, CMC City Secretary 5