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HomeMy WebLinkAbout07/07/2008 City Council July 7, 2008 008655 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JULY 7, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:16 p.m. on the 7th day of July 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 - Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Co-Serv Grant Presentation to the Library- Dennis Englekey, Chair of the Co- Serv Charitable Foundation, presented Library Director Joan Sveinsson with a grant for $5,225 for the Live Homework Help Program. Marine Quest update on Hidden Cove Park- Ottis Lee told the council that plans have been resubmitted, they have received the first shipment of frames, and they had received verbal approval ofthe development plan. Citizen Input- James Herrink told the council of several issues he is having with Inspections. Oma King voiced her concern over an issue she had with trying to have her water meter reread. Toni Watson with JT's Consessions told the council she is excited about the marina plans for Hidden Cove Park and that she wants to work with Marine Quest for the good of the park. Announcement of upcoming civic events and activities 1- Joan Sveinsson reviewed the Library activities. Mayor Dillard announced a public transportation meeting scheduled in Denton on July 1 ih. 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. OUSli56 July 7, 2008 I 2.0 I CONSENT AGENDA 2.1 Consider approval of (Wilson) Consider approval of a resolution authorizing the city manager to execute an interlocal agreement with Denton County for property tax collection (Koo) Consider approval of a resolution suspending the effective date of Oncor Electric Delivery requested rate change (Sparkman) Consider approval of a resolution authorizing the mayor to execute the Third Amendment to the Developer's Agreement between the city and Wynnwood Peninsula, L TD and MSW Wynnwood, LLC providing for a refund of impact fees (Scruggs) I minutes of council meetings held June 16, 2008 2.3 2.4 2.6 Motion to approve above consent agenda items- Harris; second by Marks; motion passed with all ayes. Councilmember Marshall requested this item be discussed separately. 2.2 Consider approval of a resolution directing publication of notice of intention to issue certificates of obligation (Koo) Councilmember Marshall reviewed the fact that the city is borrowing money when the tax rate was cut last year. If the tax rate had not been cut then the city may not be issuing as much debt. Motion to approve- Marshall; second by Connelly; motion passed with all ayes. Councilmember Marks requested this item be discussed separately. 2.5 Consider approval of a resolution authorizing the city manager to execute an amendment to the Hidden Cove Park lease agreement with Marine Quest by adding water surface area and extending the lease term (Nelson) Councilmember Marks asked Pam Nelson whether this item has an effect on later discussions (on this agenda). She replied that it does not. Motion to approve- Marks; second by Marshall; motion passed with all ayes. NOTE: This item was reconsidered later in the meeting. Councilmember Harris requested this item be discussed separately. 2.7 Consider approval of a resolution authorizing the city manager to execute an Encroachment/License Agreement for private installation and maintenance of street lights within the city's right of way (Eubanks) Councilmember Harris asked whether there is a timeframe included in this agreement and whether the city will have any future obligations in regard to these additional lights. He also noted that there are no details on maintenance included in the agreement. Steve Eubanks stated that in paragraph five it states the city can require removal and that there is no provision for the city to assume ownership of the lights in the future. In response to Steve confirming the lights will be in a residential area, Councilmember Marshall stated that the burden to keep the value of the property up (by maintaining these lights) falls on the developer. 2 00865/ July 7, 2008 Motion to table this item (to revise the agreement to include more specifics on maintenance)- Harris; second by Mikulec; motion passed with all ayes except for Marshall who voted no. At the conclusion ofthe consent items Councilmember Schrag commented that he was not in favor of approving Item 2.5 but did so in order to be able to request that it be brought back to council for reconsideration in the future. I 3.0 I REGULAR AGENDA ITEMS Mayor Dillard moved item 3.6 up on the agenda. 3.6 Council to discuss and consider making appointments to fill vacancies on the Cultural Arts and Technologies boards (Council) Motion to appoint Timothy Martin to the Cultural Arts Board- Connelly; second by Harris; motion passed with all ayes. Motion to appoint Stephen Hoffman to the Technologies Board- Marshall; second by Mikulec; motion passed with all ayes. 3.1 Discuss and consider approval of a site plan for Lot 3, Block A of the South Colony Retail Center being .087 acres located on the east side of F.M. 423, approximately 500 feet south of South Colony Boulevard for a self-serve car wash (SP08-0008, Bateman) Planning Director Donna Bateman reviewed the proposed location, elevations and landscaping for this self-serve car wash. She added that the Gateway Overlay requires a doorway facing Main Street, and discussed how the widening of Main Street (F.M. 423) will affect the landscaping. Planning and Zoning recommended approval. Councilmember Harris asked if this use is contrary to the Master Plan and Donna replied yes. He also stated his concern over run-off into the storm drain system. John Levelere, representative for the developer, said that the water is treated before it enters the sanitary sewer system. Some of the water will be recycled, and the detergent is biodegradable. He added that the runoff will be the same as for other businesses. Motion to approve- Marks; second by Connelly; motion passed with all ayes except for Harris and Schrag who voted no. 3.2 Conduct a public hearing discuss and consider the second reading and adoption of the annexation ordinance for approximately 13.283 acres of land located on the west side of Piano Parkway, south of Windhaven Parkway, and the disannexation of approximately 26.301 acres on the east side of Piano Parkway, south of Windhaven Parkway (A08-0001, Bateman) Donna Bateman said this is the second and final reading of these ordinances, and described the locations of the land being considered for dissannexation and annexation. She added that the other entities involved have approved their ordinances. The city's pump station that is located in the dissannexed area will 3 OOSG58 July 7, 2008 now be in the city limits of Carrollton. The public hearing was opened and closed at 8:12 p.m. with no one wishing to speak. Motion to approve- Marshall; second by Schrag; motion passed with all ayes. 3.3 Discuss and consider approval of a resolution authorizing the city manager to execute a construction contract for refurbishing and relocating the Denton County historical bridge (Helms/Nelson) Don Beckel, president of the 4B Board, reviewed the project of moving a one- hundred year old bridge into the city from Duck Creek near Valley View. It will be incorporated into the hike and bike trail and will be installed at Greenway Park located at South Colony Boulevard and Blair Oaks. Motion to approve contingent on 4B approval- Harris; second by Marshall; Councilmember Connelly asked whether this contract will involve any financing. Don replied no, that this is a one-time expense. He also asked why staff selected Alternate #2. Keith Helms, Parks Manager, said that the bridge refurbishing would take place at a different site then moved to Greenway Park, adding that paint lead removal will be involved in the refurbishing. It was noted that due to time constraints from Denton County and TxDOT, the CDC has not yet approved the bid. They did however provide direction to staff to move forward and they will pay these expenses. They expect to approve the bid at their July 10, 2008 meeting. Motion to amend the original motion to table this item until after next week's budget meeting- Connelly; second by Schrag; Councilmember Schrag asked what effect this delay would have. Keith said that TxDOT may not wait since they need to finalize their plans. Motion to table failed with Connelly and Mikulec voting aye and all others voting no. At this time Jim Bowman, recommended contractor for the project, addressed the council and said that he will donate a historical plague for the bridge up to $2,500. Attorney David Dodd advised the council not to take this donation into consideration when voting on this item. Motion to approve passed with all ayes except for Connelly who voted no. 3.4 Discuss and consider approval of a resolution authorizing the city manager to execute a contract for civil engineering design services for the North Colony Municipal Complex improvement project (Scruggs) City Engineer Gordon Scruggs stated this contract is for Civil Design Services for the expansion of the existing municipal complex on North Colony Boulevard, and site development for this eighteen-acre site and the adjacent ball fields. The planned improvements include expansion of the existing police and courts 4 008659 July 7, 2008 building, replacement of the existing playground behind the P&R building, new concrete parking areas (plans are for CDC to pay for ball field parking), associated drainage improvements and utilities. Gordon added that the survey had already been authorized. Motion to approve- Connelly; second by Marks; motion passed with all ayes. 3.5 Receive report from staff and discuss adding boat parking requirements to the existing recreational vehicle ordinance (SI08-0006, Bateman) Donna stated that Councilmember Harris asked for review of the ordinance since it did not include boats. Councilmember Mikulec suggested that the ability to park an RV on the street 7 times per year is too restrictive for boats, and added that it needs to be changed or enforced. Donna said she would check the Traffic Code in regard to boat parking on the street. It was noted that the city enforces the parking of unattached boats on the street. Staff will move forward with recommendations to include boats in the ordinance. Executive Session was convened at 9:07 .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 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. E. 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 the Hidden Cove Park Concessionaire Agreement as it relates to Marine Quest's Ground Lease, Real Property and Personal Property Lease Agreement. 5 008660 July 7, 2008 Reconvene to Open Session at 11 :40 p.m. City Attorney Bob Hager stated that council previously approved the water surface area and the extension of the lease term for Marine Quest as presented in Item 2.5. As a result ofES discussion on 4.1E council may reconsider Item 2.5. Motion to reconsider Item 2.5 (as a result of Executive Session discussion)- Marshall; second by Schrag; m.otion gassed with all ayes. Motion to approve the water surface area- Marks; second by Mikulec; motion passed with all ayes. Motion to table or postpone the lease term extension-Harris; second by Marks; motion passed with all ayes. 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. No action. 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. Bob Hager read the following motion: Motion to authorize legal counsel to execute a six (6) month tolling agreement with the City of Frisco concerning the future annexation of a portion of Wynnwood Peninsula known as the "lightning bolt"-Marshall; second by Connelly; motion passed with all ayes exceptfor Harris and Schrag who voted no. E. Any action as a result of executive session regarding the Hidden Cove Park Concessionaire Agreement as it relates to Marine Quest's Ground Lease, Real Property and Personal Property Lease Agreement. Mayor Dillard addressed the representatives of Marine Quest and JT's Concessionaire by asking them to work together to come to an agreement regarding their operational issues at Hidden Cove Park. Councilmember Marshall added that if they do not, the city may exercise their contractual prerogatives. 6 July 7, 2008 And with no further business to discuss the meeting was adjourned at 11 :45 p.m. 008661 APPROVED: ATTEST: 7