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Home My WebLink About12/01/2008 City Council December 1, 2008 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 1, 2008 The Regular Session of the City Council ofthe City of The Colony, Texas, was called to order at 7:05 p.m. on the 1st day of December 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 Absent Present Present Absent And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Justice of the Peace James DePiazza Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation from Marine Quest on Hidden Cove Park regarding development and renovations- D'arren Williams reviewed the work in progress at the marina site. Citizen Input- Justice of the Peace James DePiazza asked for the council's support in an attempt to keep the Teen Court program from being suspended. He believes more cases could be referred from Municipal Court, and he provided a handout to the council. Kenneth Hite also spoke in favor of Teen Court. Announcement of upcoming civic events and activities 1_ The Library Director spoke regarding current and upcoming programs, events, and service improvements; Report on Pirate Days (no report). Special Events Coordinator Emily Fox reviewed the financial report for the Veteran's Day Salute to American Heroes event. She said the mone sent was . ust under bud et. CONSENT AGENDA Consider approval of minutes of council meeting held November 17, 2008 (Wilson) 2.3 Consider authorizing the city manager to execute a change order canceling an engineering services contract for engineering design and construction 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. December 1, 2008 phase services for construction of an elevated storage tank at the Wynnwood Pump Station (Scruggs) 2.5 Consider approval of a resolution accepting the Quarterly Investment Report for the quarter ending September 30, 2008 (Koo) Motion to approve above consent agenda items- Schrag; second by Mikulec; motion passed with all ayes. Councilmember Marshall requested 2.2 be discussed separately. 2.2 Consider approval of an ordinance amending Chapter 12 of the Code of Ordinances relating to new regulations for irrigation systems in accordance with House Bill 1656 (SI08-0012, Bateman) Councilmember Marshall confirmed with Donna Bateman that the current requirements are incorporated into this amendment. Donna added that there are several exemptions to the requirement for a state certified landscape irrigator per the state regulations and provided that list to the council. Mayor Dillard requested the penalty be reduced to $500 per offense, and asked for a change from "must" to "should" in Section 12-207(B)(2) regarding sprinkler head directional flow. Motion to approve with a change from must to should in Section 12-207(B)(2)and a reduced penalty in Section 12-216(B) to $500- Harris; second by Marshall; motion passed with all ayes. Councilmember Mikulec requested items 2.4 and 2.6 be discussed separately. 2.4 Consider authorizing the city manager to execute a change order canceling an engineering services contract for design and construction phase services for the installation of a temporary lift station and force main in Austin Ranch (Scruggs) City Engineer Gordon Scruggs summarized this item by explaining that the temporary lift station and force main were not constructed under the city's contract with Freese and Nichols due to the developer now handling the design and construction of these improvements. The cost savings of cancelling this contract, including contingency, is $66,313.20. Motion to approve- Mikulec; second by Marshall; motion passed with all ayes. 2.6 Consider approval of a resolution authorizing the city manager to issue a purchase order for four police vehicles with pricing available through an Interlocal Purchasing Agreement with Tarrant County (Chandler) Police Captain Chris Chandler reviewed this purchase for four police vehicles in the amount of$97,188.00. Motion to approve- Mikulec; second by Harris; motion passed with all ayes. Councilmember Harris requested 2.7 be discussed separately. 2.7 Consider approval of an ordinance amending Chapter 19, Traffic, of the Code of Ordinances for speed limit changes on Paige Road (Scruggs) 2 December 1, 2008 Councilmember Harris expressed his disagreement with the this portion (440 ft. north of South Colony to North Colony) of the six lane Paige Road being thirty miles per hour, with the exception of a curve that could have signage to reduce speed in that area. Gordon Scruggs advised that the design engineer recommended this speed, particularly since several additional median cuts were recently made. Councilmember Marshall and Mayor Dillard agreed the city should abide by what the engineer recommended. Gordon suggested council could approve this and direct staff to have a speed study done after the roadway is opened. Motion to approve [as presentedJ- Marshall; second by Mikulec; motion passed with the following vote: Ayes- Dillard, Marshall, Mikulec Nos- Harris, Schrag I 3.0 I REGULAR AGENDA ITEMS Mayor Dillard pulled 3.1 requesting it be discussed at a separate special session. 3.1 Discuss and provide direction to staff on issues relating to co-sponsored organizations, their activities, and partnerships with the city (Nelson) 3.2 First reading, discuss and consider an ordinance amending the Code of Ordinances, Chapter 13, by adding Article X authorizing the city to issue permits to landowners adjacent to United States Army Corp of Engineers property for mowing, underbrushing, planting, mitigation and other activities as authorized by the previously approved Challenge Partnership Agreement (Nelson) Pam Nelson advised this ordinance allows property owners along the narrow shoreline (narrower than 50') to obtain permits for mowing, irrigation, and planting from the city. No requirements are being placed on the homeowners to maintain the property; it is optional. The goal of the permitting process is education of the adjacent property owners and maintenance of the narrow shoreline areas. Mayor Dillard read the caption of the ordinance for this first reading. 3.3 Conduct a public hearing, discuss and consider an ordinance amending Planned Development 16 (PD16) known as The Legends to allow tennis and basketball courts to be located on Lot 11, Block Y, being approximately 2.7 acres located at the northeast corner of Bear Run Drive and South Colony Boulevard (Z08-0006, Bateman) Donna Bateman reviewed the location of the proposed combination basketball court and tennis court. The plan is for it to be enclosed with a ten foot chain link fence, and it will not be open to the public. No lights or extra parking are proposed. Donna added that some responses from adjacent homeowners were in favor and some opposed. The Planning and Zoning Commission recommended approval with the stipulation that "coated" chain link be used and that the landscape requirements be fulfilled within one year of the completed court due to the time of year it is now for plantings. The final certificate of occupancy will be issued then. Councilmember Harris expressed his concern with "coated" fencing. 3 December 1,2008 Mayor Dillard opened the public hearing at 8 p.m. John Daugherty, president of the Legends Home Owner Association, was available for questions. He stated the HOA is opposed to the coated fencing requirement. Considerable discussion followed regarding the fencing material. Donna added that chain link fence is allowed in the rear of residential and commercial property if not visible from the street however, at some other athletic facilities in town this type fence is used. The public hearing was closed at 8: 10 p.m. Motion to approve with the "coated" fence requirement removed- Harris; second by Marshall; motion passed with all ayes. 3.4 Discuss and consider approval of an ordinance amending Chapter 16, Article II Signs, of the Code of Ordinances relating to pylon signs and changeable message signs (SI08-0010, Bateman) Donna said this ordinance is in response to council's direction to allow individual properties along S.H. 12l to have pylon signs (as opposed to monument signs) if they choose. She said this new ordinance would allow a forty foot single sign and there is no change to the multi-tenant sign requirements. In addition, she is presenting a change to allow electronic messaging for on-premise use. Staffs recommendation was to allow twenty-five percent of the overall sign to be changeable and not change in less than sixty second intervals. Councilmember Harris suggested the size and frequency be more lenient. Motion to approve with a change to the electronic messaging signs to allow up to 50% of the size of the sign and a 30 second frequency [of a message changeJ- Harris; second by Schrag; motion passed with all ayes. (Councilmember Mikulec left the meeting.) Executive Session was convened at 8:27 p.m. 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. 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 discussed. Reconvene to Open Session at 8.58 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. 4 December 1, 2008 Motion to direct the city attorney to file for a re-hearing on this matter-Marshall; second by Schrag; motion passed with all ayes. B. 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. And with no further business to discuss the meeting was adjourned at 9:00 p.m. APPROVED: ATTEST: LL LAJ~~ Christie Wilson, TRMC, CMC City Secretary .,_F~"_,--T-:"'~_ l;yt~'.\~ .,.' tj'. . ~y.:{ ,.: /"j \, "l, '.," 5