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HomeMy WebLinkAbout09/02/2008 City Council September 2, 2008 !J 8 98 0 0 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 2, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 2nd day of September 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 Mayor Pro-Tern Councilmember Councilmember Councilmember Councilmember Councilmember Present Present Present Present Present Present Present (arrived 7:45) And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations- National Payroll Week proclamation presented to City of The Colony Payroll Analyst Mary Langford; Constitution Week proclamation presented to Christine Gee of the Prestonwood Chapter of the Daughters of the American Revolution; Katrina Wood was presented a proclamation recognizing her designation as Miss The Colony Teen USA. Citizen Input-Michael Redden asked for council's intervention concerning a high water bill that he received for a vacant rental property. Joe Watson of JT's Concessions (Hidden Cove Park) stated that due to the city recently cancelling JT's agreement the city will be losing revenue and offered projections for revenue if they could stay. Vern Bolt and Gina Jimenez spoke in favor of reinstating JT's agreement. Carl (could not understand last name and did not fill out form) also spoke in favor of JT's, adding that he rents a boat twice a week from them in the summer and will reconsider coming to Hidden Cove Park if JT's is not there. Announcement of upcoming civic events and activities 1- Mayor Dillard spoke of the ribbon cutting recently held at the Lion's Club Park for new play equipment (a CDC project). He also reviewed what the county did to be prepared for hurricane Gustav evacuees. I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 008688 September 2, 2008 I 2.0 I CONSENT AGENDA Mayor Dillard announced that item 2.5 is being pulled from the agenda. 2.1 Consider approval of minutes of council meetings held August 11, August 18 (Mikulec absent), and August 25 (Schrag absent), 2008 (Wilson) 2.2 Consider approving a resolution approving the quarterly investment report ending June 30,2008 (Koo) 2.3 Consider approving a resolution expressing official intent to reimburse costs of projects (Koo) 2.4 Consider approving an ordinance to accept negotiated settlement with Atmos Energy (Sparkman) 2.8 Consider casting a vote for Margaret Burkett to represent Region 8 on the Texas Municipal League Intergovernmental Employee Benefits Pool (Burkett) 2.9 Consider accepting Paul Koenig's resignation from the Economic Development Corporation Board of Directors (Council) 2.10 Consider approving a resolution awarding a bid and authorizing the city manager to execute a contract to provide fiber optic connectivity between City Hall and Court (Maker) Motion to approve the above consent agenda items- Marshall; second by Harris; motion passed with all ayes. Councilmember Schrag requested items 2.6 and 2.7 be discussed separately. 2.6 Consider approving a resolution authorizing the city manager to execute a design services agreement for enhancements to the proposed F.M. 423 sound walls (Nelson) Pam Nelson advised that the locations identified in the packet are being considered for enhancements to the sound wall that TxDOT will be building along portions of F.M. 423 when it is widened. The purpose of this agreement is to prepare design concepts for future consideration and the projected costs that will be associated with the enhancements. Councilmember Schrag voiced his concern about not having a budget yet for these enhancements. David Retzsch with Jacobs Carter Burgess advised they will present the most cost effective options for future council consideration. Motion to approve- Schrag; second by Connelly; motion passed with all ayes. 2.7 Consider approval for the Community Development Corporation to fund $6,500 for the Kaleidoscape project and authorize placement of the structures at city hall (Nelson) Councilmember Schrag asked Ms. Nelson whether the CDC Master Plan is complete, adding that he is concerned with maintenance of these structures. Pam explained that the CDC will be responsible for the bases and underground electrical and that the Lakeside Arts Foundation will be responsible for the structures. She added that the CDC has been interested in funding an art project for a while. Councilmember Harris stated this is a gift to the city (from the Lakeside Arts Foundation) with little cost to the citizens. Lastly, Councilmember 2 008689 September 2, 2008 Connelly confirmed with Pam that this is a pilot program to kick off this project and future structures will be placed after the master plan is complete. Motion to postpone until after the CDC Master Plan is done- Schrag; The motion died for lack of a second. (Councilmember Marks arrived at 7:45 p.m.) Motion to approve- Harris; second by Marshall; motion passed with all ayes. 2.5 Consider approving a resolution adopting a revised Lakeside Arts Center Use Policy (CAB/Margolis) Not addressed Mayor Dillard announced that 3.8 will be addressed following 3.4, and that 3.5 will be removed due to time constraints. I REGULAR AGENDA ITEMS Discuss and consider amending the fee schedule building permit fees (SI08-0008, Bateman) I relating to multi-family 13.0 3.1 Planning Director Donna Bateman advised the council that this item is being presented at the request of Mayor Dillard to consider changing the building permit fees. She presented a comparison with other cities. Discussion followed regarding the basis for the comparison. It was noted that different cities approach their fees differently. The fees collected from the developers by The Colony covers ninety-percent of the costs incurred by the city, while other cities average about seventy-five percent. Citizen Henry Billingsley representing Austin Ranch provided a handout to council. He said they are currently working on Phase V apartments and said that the fees in The Colony are higher than in other cities where he develops property. From his point of view, there are two issues- first the rate per thousand, and second the property valuation. Citizen Joe McCourry spoke saying that Mr. Billingsley has known what our fee structure is and urged the council not to act on this now. Several council members suggested more information is necessary. Donna advised she can provide a more detailed comparison at the first meeting in October. 3.2 Conduct the second of two required public hearings to discuss the proposed 2008-2009 tax rate not to exceed 69.25 cents per $100 valuation for the taxable value of all property real and personal, located within the City of the Colony and announce council meeting date of September 15, 2008 to adopt tax rate (Koo) Finance Director Rebecca Koo reviewed the current tax rate of 69.75 cents, the proposed rate of 69.25 cents, the effective rate of 67.965, and the rollback rate of 71.374 cents. This is the second required public hearing. The tax rate will be voted on at the September 15, 2008 council meeting. Mayor Dillard opened and closed the public hearing at 8: 15 p.m. with no one wishing to speak. 3 008690 September 2, 2008 Councilmember Connelly stated that he would support a further reduction than the Y2 cent, and asked for staff to look for ways to do that. Councilmember Schrag expressed that he would support another l!4 cent reduction. Councilmember Mikulec commented that he would be in favor of issuing less debt by having fewer days in the reserve fund, and/or lowering the tax rate to 69 cents. Councilmember Marshall said he is in support of issuing less debt but not of a lower tax rate. 3.3 Conduct a public hearing, discuss and consider approving an ordinance allowing Special Exceptions to the Gateway Overlay District Regulations for parking requirements and building articulation of future buildings to be located north of S.H. 121, west of Blair Oaks, and south of Memorial (SE08- 0002, Bateman) Donna Bateman stated that her presentation can cover both item 3.3 and 3.4 however each will need a separate vote. This area is where the L.A. Fitness and Stacy's Furniture will be located. The three special exceptions to the Gateway Overlay District requirements include allowing a 90 degree parking between the building and street, more than two rows of parking between the building and street, and for no articulation on the sides of the building that are not adjacent to a public right-of-way. She added the area is partially developed and they are trying to fit in. She reviewed the elevations, site plan, and aerial photos, and stated that the P&Z recommends approval. The public hearing was opened and closed at 8:25 p.m. with no one wishing to speak. Motion to approve the three special exceptions with the condition that all facades adjacent to the public right-of-way comply with Section 10A-900(B)(1)(C) - Harris; second by Marks; motion passed with all ayes. 3.4 Conduct a public hearing, discuss and consider approval of an ordinance for a Detailed Development Plan for Planned Development 11 consisting of 8.684 acres located north of S.H. 121, west of Blair Oaks, and south of Memorial (Z08-0002, Bateman) The public hearing was opened and closed at 8:26 p.m. with no one wishing to speak. Motion to approve - Harris; second by Marshall; motion passed with all ayes. 3.5 Discuss and consider approval of an ordinance amending Section 19-10 of the Code of Ordinances to establish speed limits on sections of Memorial Drive and Morning Star (Eubanks) Not addressed. 3.8 Receive presentation, discuss and provide direction to staff on how to proceed with Paige Road construction (Scruggs) 4 008691 September 2, 2008 City Engineer Gordon Scruggs told the council that a Town Hall Meeting was held with approximately fifty people attending. The public input comments from that meeting are summarized in this agenda packet. He said there were concerns about delayed emergency response, child safety, and limited left turns [new design of Paige Road reduced the number of median cuts for left turn access to residential streets]. Jerry Roberts with Halff Associates said their main focus in designing the street was safety, traffic flow, and arterial service through the city. Fifteen streets intersected with Paige Road, along with ten private driveways. Because of the design, speed and width of the street some of the residential streets do not have median cuts included in this reconstruction. He presented some options that would satisfy some residents and the estimated costs associated with making changes now. He added that he recommends the speed limit be reduced from 35 mph to 30 mph if a cut is made at Hendrix due to a visibility issue to the north. He added that he does not recommend a left turn for southbound traffic at Kisor due to visibility issues, and that cuts at Young and Yager would be detrimental for the school traffic. Future options might include a traffic light at Nash if the Morningside school driveway can be realigned. "Mountable medians" can be installed at some locations only for emergency vehicles to use. Lastly he suggested adding a "hooded left turn" into the day care center from southbound Paige (at Hendrix.) Discussion of funding followed. Gordon advised that there is $156K available in the contingency and reserves that may cover the added cost without further council approval. Several council members voiced their concern with lowering the speed to 30 mph for the full length of the street rather than only at the curve. Councilmember Marshall stated that citizens other than those that live in this area need to have a safe road, that the 35 mph speed seems appropriate, and that there could possibly be a future north exit out of town into Frisco and that traffic will remain high. He also stated that he thinks Slay is reasonable to add a median cut but is not in favor of Hendrix. Mayor Dillard requested an executive session on this item at 9: 15 p.m. Regular session reconvened at 9:40 p.m. Motion to add a median cut at Ramsey, Slay & Knox- Marshall; second by Mikulec; motion passed with all ayes. Motion to add a full median cut at Hendrix- Connelly; second by Marks; motion passed with the following vote: Nos- Marshall, Mikulec, Schrag Ayes- Dillard, Harris, Connelly, Marks Motion to eliminate the southbound left turn at Kisor- Harris; second by Connelly; motion passed with all ayes. Councilmember Marks asked Asst. Fire Chief V an Weese if he IS okay with mountable medians and he said that is preferred over regular curbs. 5 008692 September 2, 2008 Motion to add mountable medians at Young and Yager- Marks; second by Mikulec; motion passed with the following vote: Nos- Harris, Marshall, Connelly Ayes- Dillard, Mikulec, Schrag, Marks 3.6 Discuss and consider approval of a resolution awarding a bid and authorizing the city manager to execute a contract for construction of the Shoreline, Austin Ranch, and Inner City trails (Nelson) CDC President Don Beckel read a prepared statement from the CDC to the council [see Exhibit A]. It expressed their desire to fund the capital costs of the trails as well as the maintenance costs. The CDC requested the city issue bonds on their behalf for the trail project. It was noted that the bids came in lower than expected. Councilmember Connelly asked Keith Helms, Parks Manager, whether the CDC can reimburse for cost associated with an extra police officer for security to which he replied yes, adding that there is already a plan in place for CDC to pay for one-half of the cost for a maintenance worker. Keith stated that trail connections to the businesses are a concern due to limited parking. Construction should be completed in May of 2009. The portion of the trail that falls within the HOA area of Stewart Peninsula will have a six foot fence (alt#5). Citizen James Lane stated he represents land owner Janie Duke Gifford who owns some property adjacent to where the shoreline trail is planned. She is concerned about her right to access her property. Mayor Dillard advised the city will be happy to discuss this with her at a later time. Motion to approve including alternates 1, 3, 4, & 5- Harris; second by Connelly; motion passed with all ayes, 3.7 Discuss and consider approval of a resolution authorizing the city manager to issue a purchase order to a sole source provider the purchase of Geoweb material for the trail system (Nelson) Keith Helms reviewed this material that is to be used for the walking surface on the trail system. Motion to approve- Marshall; second by Connelly; motion passed with all ayes except for Harris who had stepped away from the dais. 14.0 1 EXECUTIVE SESSION I 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. 6 OOS6~3 September 2, 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 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney and seek legal advice on a matter in which the duty of the attorney is protected by Texas Disciplinary Rules concerning agreements by and between the City of The Colony and J.T. Goods, Inc., and the City of The Colony and Marine Quest. Reconvene to Open Session 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. Not discussed. D. Any action as a result of executive session regarding agreements by and between the City of The Colony and J.T. Goods, Inc., and the City of The Colony and Marine Quest. No action. And with no further business to discuss the meeting was adjourned at 11 :41 p.m. APPROVED: ATTEST: /.7....- /.. l.\ . - / / // "- Il-~ /.AiL ['U)--t~ JV--/ Christie Wilson, TRMC, CMC City Secretary 7 j;;x hi b, r Pr UUS6~4 The Colony COMMUNITY EVELOPMENT CORPORATION September 2, 2008 To The Colony Mayor and City Council Members, On behalf of The Colony Community Development Corporation Board, I would like to express our extreme enthusiasm about moving forward on the first phase of three major trail projects in our city. The Shoreline Trail, Austin Ranch Trail, and Inner City Trail are trails that will service diverse geographic segments of our population while providing opportunities to enjoy nature, the lake, and safer passage to various locations within the community. Trails have been a highly requested priority from our residents for many years, and have proven to be an asset in every community that has developed them. We would also like to reiterate our commitment to not only fund the capital costs associated with these projects, but the maintenance costs as well. The labor costs identified for the trails were already included in the COC budget, and any supplies and materials needed for the trails will be budgeted and paid by COC on an annual basis. We are requesting, and deeply appreciate, the City's willingness to issue bonds on our behalf for the trails as has been done with other projects. In our funding agreement with the City, we will include verbiage reflecting our commitment to fund capital and maintenance costs associated with these trails. We believe these projects fall in line with our mission of "Enhancing the Quality of Life in Our Community", and will be enjoyed and utilized by residents and visitors for many years to come. We hope you will support us in our efforts to make The Colony a better place in which to live, work, and play. Thank you in advance for your consideration and support! Warm Regards- I ,) I .' / ---.--1'.., P Don ~~e(- President The Colony Community Development Corporation (4B)