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Home My WebLink About11/17/2008 City Council November 17,2008 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 17, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.m. on the 17th day of November 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 (arrived 7:30) Present And with six council members present a quorum was established and the following items were addressed: 2.3 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Jeff Connelly Pledge of Allegiance to the United States Flag Salute to the Texas Flag Thanksgiving Proclamation- Mayor Dillard read George Washington's 1789 Thanksgiving Day Proclamation Citizen Input- Jammie Finlayson announced the Community Nativity Open House to be held at the Church of Jesus Christ Latter Day Saints on December 5- 6, and invited the city council members to participate by displaying their own nativity scenes. Announcement of upcoming civic events and activities 1_ Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. I CONSENT AGENDA I Consider approval of council expenditures for the month of October 2008 (Council) Consider approval of a resolution authorizing the city manager to execute a contract for the installation of new carpet in the city hall and library with pricing available through the BuyBoard Cooperative Purchasing Network (Gilman) 12.0 2.2 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. November 17, 2008 2.4 Consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for ambulance services to unincorporated areas of Denton County (Weese) 2.5 Consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for fire protection services to unincorporated areas of Denton County (Weese) 2.6 Consider accepting Jacob Leick's resignation from the Technology Board (Council) Motion to approve above consent agenda items- Harris; second by Marshall; motion passed with all ayes. Councilmember Connelly requested 2.1 and 2.7 be discussed separately. 2.1 Consider approval of minutes of council meetings held October 20 and November 3,2008 (Kelly/Wilson) Due to his absence at the November 3rd meeting Councilmember Connelly wished to abstain from voting. Motion to approve both October 20th city council meeting minutes- Harris; second by Connelly; motion passed with all ayes. Motion to approve the November 3rd city council meeting minutes- Harris; second by Marshall; motion passed with all ayes except for Connelly who abstained. 2.7 Consider approving a revised Development Incentive Agreement with The Colony Senior Community, L.P. for the Evergreen project (Dillard) City Manager Dale Cheatham advised the council that the condition of obtaining a certificate of occupancy for granting/rebating payment within 30 days of the fees that exceed $450,000 (total dollars to be paid by the developer) was not previously discussed but was added to the agreement by the city attorney. This revision of the document removes that stipulation at the request of the developer. The total city grant is to be approximately $80,000. He went on to say that the city had agreed to forgive the park dedication fees in the amount of $187,913.98 or a dedication in lieu of the fees. Motion to approve- Connelly; second by Harris; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss and consider authorizing the city manager to execute a Contract for Services with PediPlace, a non-profit agency that provides medical assistance to disadvantaged children, and approve a budget amendment ordinance (Harris) Councilmember Harris asked for this item to come back to council due to a tie vote in the absence of Councilmember Connelly at the previous meeting. He added that he feels there should be a city policy in place regarding charitable donations and dollars budgeted [if the council is going to consider them]. Councilmember Harris stated that he agrees and that the city should not do this in 2 November 17, 2008 the future, however he added that this is a great cause and will proceed in favor at this point. Citizen Cleve Ryan spoke in favor as a Pedi-Place board member and a resident of The Colony. Motion to approve- Connelly; second by Marks; motion passed with all ayes except for Harris who voted no. 3.2 Discuss and consider approval of a site plan for Lot 31R, Block 1, of the Garza-Little Elm Lake Estates known as Colony Car Care Center, generally located on the west side of Elm Street, approximately 770 feet north of Witt Drive, and commonly known as 7319 Elm Street (SP08-0009, Bateman) Donna Bateman advised the applicant is making this request due to the current business location being lost to the future widening of F.M. 423 (Main St.). She reviewed the location (re-plat of 4 lots), parking, landscaping, masonry, elevations and size, and added the area is zoned general retail (this is an allowable use). The P&Z recommends approval. Councilmember Harris questioned how run-off will be handled. Staff advised the building plans will have to meet all city codes. The applicant advised that when they do oil changes the old oil is recycled and there is no run-off. (Councilmember Schrag arrived.) Several council members expressed their appreciation for this and other businesses wanting to remain in The Colony. Motion to approve- Marshall; second by Harris; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider approving a resolution allowing a special exception to Section 10A-800 of the Zoning Ordinance for 90-degree parking between the building and street for Lake Park Plaza II located on the east side of Main Street and north of East Lake Highlands Drive, and commonly known as 7528 Main Street (SE08-0003, Bateman) Donna advised this is another business that desires to locate to the opposite side of Main St. due to the future widening of the road. She explained that the applicant is requesting ninety degree parking rather than the Gateway Overlay regulation of forty-five degrees. The P&Z recommends approval. The Fire Department has no issues with the fire lane design. The public hearing was opened and closed at 8:35 p.m. with no one wishing to speak. Motion to approve- Marshall; second by Marks; motion passed with all ayes. 3.4 Conduct a public hearing, discuss and consider a Development/Site Plan for Lot 3, Block A, of the Triangle 121 Addition approving the development standards and site plan for the Evergreen at The Colony project on 5.3 acres located north of S.H. 121 on the west ~ide of Morning Star (Z08-0007, Bateman) Donna reviewed the project location, and stated that until the other land surrounding this develops there will be one access point from Morningstar. The buildings will be 100% masonry, and will include a sprinkler system. There will 3 November 17, 2008 be 145 units not less than 700 square feet in size. She reviewed the parking and landscaping, and added this will be a gated property. The P&Z recommends approval. The public hearing was opened and closed at 7:46 with no one wishing to speak. Councilmember Connelly stated that he objects to the location (Overlay District) and that there other preferred uses for the property. Motion to approve- Marks; second by Marshall; motion passed with the following vote- Ayes- Dillard, Harris, Marshall, Marks Nos- Connelly, Milulec, Schrag 3.5 Discuss and consider approval of a resolution authorizing the city manager to execute an agreement between the city and the Economic Development Corporation to fund the construction of a left turn off Memorial Drive to the west side of the Wal-Mart parking lot (Terrall) EDC Director Tom Terrall said this agreement is for the city to allow the EDC to pay the construction costs of a le'ft turn lane on Memorial Drive to allow west- bound traffic access to the road that connects Memorial to the west side of the Wal-mart parking lot. Motion to approve- Harris; second by Schrag; motion passed with all ayes. 3.6 Discuss and consider making an appointment to fill an opening on the Planning and Zoning Commission for a two-term beginning January 2009 (Council) After considerable discussion among council members, it was decided not to take any action on this item at this time since the pending vacancy on the P&Z is not effective until the end of the year. Council will consider filling the position at a future meeting when other board positions are being filled. City Attorney David Dodd advised the council that they did not need to convene the 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 addressed. B. 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 addressed. 4 November 17, 2008 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. B. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. And with no further business to discuss the meeting was adjourned at 7:59 p.m. APPROVED: Q ATTEST: ,', )~ C! .~{~ L J ~;.,~ Christie Wilson, TRMC, CMC City Secretary ,,;' .j p<,:,.,: lY r " . 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