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HomeMy WebLinkAbout02/02/2009 City Council February 2, 2009 0 0 I ~s MINUTES OF REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 2, 2009 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 February 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Mayor Pro-Tem Present John Marshall Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with seven council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - delivered by Eagle Scout Donald LeBlanc Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Scouting For Food Proclamation was presented to Dennis Hamilton of Pack 226 and several Scout members in attendance. Dennis announced a food drive to be held on February 14th to restock the local food banks. He also provided some historical information regarding the scouting program. Presentation from Marine Quest on Hidden Cove Park regarding development and renovations- Darin Williams presented some photos of the new dock construction in progress. Citizen Input- none Announcement of upcoming civic events and activities t- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. She also announced that it is the Library's 27th anniversary. Mayor Dillard announced the May 2009 city election. Assistant City Manager Tony Johnston advised the council that Standard & Poors has upgraded the city's bond rating from A+ to AA-. Mayor Dillard announced that item 2.2 on the consent agenda would not be addressed. These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 00 February 2, 2009 2.0 CONSENT AGENDA 2.3 Consider approval of a resolution ordering the May 9, 2009 General Election to fill city council positions of Mayor, Place 1 and Place 2 (Wilson) - 2.4 Consider cancelling the February 16, 2009 city council meeting (Council) 2.5 Consider approval of a resolution authorizing the mayor to execute an Interlocal Agreement with the Lewisville Independent School District for use of LISD owned utility easement property adjacent to the North Colony Complex between North Colony and Nash (Nelson) Motion to approve the above consent agenda items- Marshall, second by Connelly, motion passed with all ayes. Councilmember Connelly requested Item 2.1 be addressed separately. 2.1 Consider approval of minutes of council meetings held January 19, 2009 (Wilson) Councilmember Connelly said that he requested a clarification/change in the minutes for Item 3.5, stating that his comment regarding PediPlace was not to suggest the donated funds go to them but that during a prior discussion of the PediPlace request for funding, the utility fund donation program had been mentioned. Motion to approve as amended- Connelly; second by Marshall; motion passed with all ayes. 2.2 Consider approval of a resolution approving the Cities Aggregation Power Project (CAPP) Legislative Agenda for the 2009 legislative session (Sparkman) Not discussed. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approval of a resolution approving and adopting the Wastewater Master Plan Austin Ranch Amendment (Scruggs) City Engineer Gordon Scruggs said that due to some overall changes to the wastewater collection system [as a result of the Austin Ranch development agreement amendment], and changes to the land use and comprehensive plan, an updated Wastewater Master Plan and Capital Improvements Plan for projects has been prepared by Freese & Nichols. He introduced Robert McGee who provided an overview of the process involved in preparing a new plan, including the effect of changes at Austin Ranch. Gordon advised the plan includes all of the city's capital improvements as needed for future new development, and that a large portion of the work will be done in the next 8-9 months relative to Austin Ranch. Discussion of the wastewater treatment plant's capacity followed. Motion to approve- Harris; second by Marshall, motion passed with all ayes. 3.2 Discuss and consider approval of a resolution approving and adopting the Stewart Creek Tributary 1 Erosion Study as the City's Drainage Master Plan and Modeling of Stewart Creek Tributary 1 (Scruggs) 2 U0S'J" 5 February 2, 2009 Gordon Scruggs advised that Halff Associates prepared an erosion study for Stewart Creek Tributary 1 through Bill Allen Park. Halff representative Andrew Eikert reviewed the study, which took about one year to complete. He said the study area includes about 8,400 linear feet of stream. The stream has numerous sharp bends, with four locations found to be "hotspots". These are the right bank upstream near the amphitheater, the amphitheater culverts (undersized), the right bank downstream of the amphitheater, and the right bank near the Turner Street Bridge. He provided recommendations and cost estimates for mitigating the erosion. The life of the repairs should be 30-50 years. Discussion of urbanization upstream that may have contributed to the advanced progression of the erosion followed. The recommended mitigation will only improve the areas in question and not affect erosion to the north. Gordon advised that each project will require a more detailed study. Grant funds may be an option to help fund the projects. Motion to approve- Marshall, second by Harris; motion passed with all ayes. 3.3 Conduct the first and second public hearings, discuss and consider the voluntary annexation and service plan for approximately 219 acres of land generally located on the north and south sides of Lebanon Road and Boyd Road in the northern section of the City of The Colony Extraterritorial Jurisdiction (A09-0001, Bateman) Donna Bateman advised that this item is to conduct the first and second public hearings required for the voluntary annexation of 219 acres [two tracts] northwest of the city in our ETJ. She added it does not include Wynnwood Haven Estates. Mayor Dillard opened and closed the first public hearing at 8:10 p.m. with no one wishing to speak. The second public hearing was opened and closed at 8:11 p.m. with no one wishing to speak. Councilmember Harris noted that since this is voluntary annexation by the property owner it is not out of the ordinary for both public hearings to be held during the same meeting. Attorney Bob Hager added that this has been in the planning stages for several months. 3.4 Conduct a public hearing, discuss and consider a request for a zoning change from Business Park district to Planned Development district on approximately 13 acres located at the southwest corner of Memorial Drive and Paige Road (Z08-0003, Bateman) Donna Bateman reminded the council that last year the developer requested a multi-family development at Paige and Memorial. Planning and Zoning approved it however the property owner then requested that it be postponed. Staff has attempted to contact the developer, and now requests the council deny the request for a change in zoning. If the owner should come back to the city to continue at a later time they will have to start the process over. Mayor Dillard opened the public hearing at 8:15 p.m. Citizen Christi Martin spoke in support of denying this zoning due to the number of apartments in the area. Public hearing closed at 8:17. Councilmember Marks confirmed that the land owner is not requesting council consider this at this time. Donna advised the owner was notified of the agenda 3 00~« February 2, 2009 item but is not present to speak on the matter. City Manager Dale Cheatham advised that the last contact he had with DBSI was a few months ago and they indicated they were having financial difficulties. Motion to deny the change in zoning- Harris; second by Marshall; motion passed with all ayes. Mayor Dillard recessed the meeting at 8:18 p.m. The meeting resumed at 8:21 p.m. 3.5 Discuss and direct staff regarding an ordinance amendment relating to requirements for parking and storing water craft (SI08-0006, Bateman) Donna said she surveyed 19 cities with 11 of them having provisions for watercraft parking. She added that in 2008 the Inspections Department had 873 complaints and less than I% were related to watercraft parking. She advised that boats are separate from recreational vehicles by ordinance and asked for direction from council on how to pursue. Councilmember Harris voiced his concern that there are no requirements for boats to be parked on a hard surface. Councilmember Connelly stated that he wants the requirements for boats to be aligned with the recreational vehicle ordinance. Councilmember Marshall stated he does not think it warrants staff time to change the ordinance. Citizen Kathy Dickerson spoke regarding the parking of recreational vehicles. She said her RV will not fit in her alley. She asked for an exemption to allow for parking in her front driveway. Bob Hager said an ordinance could allow exceptions be heard by the Board of Adjustment. Donna said there will be a legal review of all codes upcoming and this can be discussed. Councilmember Connelly stated he is not in favor any changes that do not apply city-wide. Councilmember Marks agreed. Mayor Dillard asked for an ordinance allowing an appeal process and one that does not for council to consider in the future. 3.6 Discuss and consider approval of a resolution authorizing the city manager to execute a construction services contract for erosion repairs on the northern stream bank of Office Creek in the Ridgepointe subdivision, and authorize a budget amendment ordinance for the transfer of funds (Scruggs) Gordon Scruggs stated the north bank of Office Creek, behind homes on Creek Hollow Way in the Ridgepointe subdivision, is experiencing erosion problems and needs to be repaired. Halff Associates prepared plans and specifications for a retaining wall that will help protect against further erosion. Access to the construction site will be from Cedar Ridge Court. He added that a public meeting for the residents was held on January 6th. Craig Olden was the low bidder to construct the wall, excavation, and embankment fill. Funding for the repairs will be from the Storm Water Utility Fund, with a portion from the General Fund to be reimbursed in the future. This will require a budget amendment ordinance. Motion to approve [including the budget amendment]- Marshall, second by Connelly, motion passed with all ayes. 4 u February 2, 2009 3.7 Discuss, provide direction to staff, and authorize a resolution adopting the types of donation programs to implement through the utility billing process, and designate specific uses for the donations (Koo) Finance Director Rebecca Koo reviewed the donation programs previously discussed [recycling rebate and utility bill roundup]. At the request of a council member the option of adding $1.00 [rather than a roundup] has been added for consideration. Funds donated by residents will be used for specific purposes. Another option the council previously requested included an opt-in and opt-out option on each utility bill. Rebecca advised council that customers who pay by automatic bank draft or on-line would not have these options. Start up cost will be approximately $200 to add the information to the bill. Rebecca added that the $1 donation will be easiest for staff. Considerable discussion followed regarding the usage of the funds, and the method of opting in or out. Motion to approve $1 program on utility bill and recycling rebate /monthly- no long term] - Schrag; second by Mikulec Councilmember Marshall what the cost of this program is. Rebecca stated it depends on how many people participate. (Councilmember Marks left the meeting.) Motion to amend to provide for a one-time opt-in for both the $1 donation and the recycling rebate, and the customer has to make contact to cancel- Marshall, second by Harris; motion failed with the following tie vote: Ayes- Harris, Marshall, Connelly; Nos- Dillard, Mikulec, Schrag Councilmember Connelly requested Councilmember Schrag withdraw his motion in order for staff and council to work on suggestions for use. Councilmember Schrag withdrew his motion. Motion to table- Connelly; second by Mikulec; motion passed with all ayes except for Mayor Dillard who voted no Executive Session 9:12 .m. 4.0 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. C. Council shall convene into a closed executive session pursuant to Sections 551.071(2) and 551.087(2) of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney concerning economic development 5 oosi~~3 February 2, 2009 negotiations, and to deliberate the offer of financial or other incentive to business prospect in the city. D. Council shall convene into a closed executive session pursuant to Section 551.071(2) of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney concerning a claim for damages for wastewater backflow for property located at 5061 Lake Vista Drive, The Colony. Reconvene to Open Session at 10:47 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 pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. No action. C. Any action as a result of executive session concerning economic development negotiations, and to deliberate the offer of financial or other incentive to business prospect in the city. No action. D. Any action as a result of executive session regarding a claim for _ damages for wastewater backflow for property located at 5061 Lake Vista Drive, The Colony. No action. And with no further business to discuss the meeting was adjourned at 10:47 p.m. APPROVED: Jo Dillard, Mayor Ci of The Colony ATTEST: ristie Wilson, TRMC, CMC City Secretary - 6