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Home My WebLink About05/18/2009 City Council May 18, 2009 O U S 7" 1 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 18, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 18th day of May 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Mayor Pro-Tern Absent John Marshall Councilmember Absent Jeff Connelly Councilmember Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Absent And with four council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Calvary Christian Center Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Comments- Mayor John Dillard stated this is his last official meeting as Mayor. He thanked the candidates for a good election, and said he is confident they will do a good job. He added that during his decade on the council, many good things have been accomplished for the city. He said it has been a privilege and an honor. Oath of Office for newly elected Mayor and Council Member Place 2 - City Secretary Christie Wilson administered the Oath of Office to newly elected Mayor Joe McCourry and Councilmember Richard Boyer. Both took their seats at the dais. Mayor McCourry thanked John Dillard and John Marshall for their service and many hours devoted to city matters. He also thanked those that voted in the election, adding that is very important for voters to do so. Citizen Input- Christi Martin welcomed the new council members, and said she likes the at-large positions on the council. She thanked the council and looks forward to working with them. Mike Lynch reviewed a situation where he wanted to report the incorrect timing of the school zone lights on F.M. 423. After making many phone calls to various agencies he finally reached a Public Works city employee who promptly took care of reporting the problem to the proper agency. David Terre stated it has been a privilege to run for mayor, and commended Joe McCourry and Richard Boyer. He urged all to stay informed and support the council. 1 00S j94 May 18, 2009 Announcement of upcoming civic events and activities Emily Fox, Special Events Coordinator for the Parks & Recreation Department, announced the Shoreline Trail grand opening scheduled for June 6th, 3-5 p.m., at Stewart Creek Park. Public Works Director Steve Eubanks announced National Public Works Week, and recognized all the departmental employees. He invited the council members to an appreciation lunch at noon on Thursday. Mayor McCourry thanked all those in attendance at the council meeting. 2.0 CONSENT AGENDA 2.2 Consider approval of a resolution adopting a Water Conservation Plan as mandated by the Texas Commission on Environmental Quality (Maurina) 2.3 Consider approval of an ordinance adopting an updated city boundary map (SI09-0006, Morrison) 2.4 Consider approval of council expenditures for April 2009 (Council) Motion to approve above consent agenda items- Schrag; second by Connelly, motion passed with all ayes. Councilmember Schrag requested this item be discussed separately. 2.1 Consider approval of minutes of council meetings held May 4 and May 11, 2009 (Wilson) Councilmember Schrag asked that his comments on the May 11th minutes be revised to reflect his statement that he believes the employee does have a right to appeal. Motion to approve with the revision- Schrag; second by Connelly; motion passed with the following vote: Ayes- Connelly, Mikulec, Schrag; McCourry and Boyer Abstained. Councilmember Connell guested this item be discussed separately. 2.5 Consider approval of a resolution authorizing the city manager to execute an interlocal agreement with the Dallas County District Attorney's Office for administrative services related to the forfeiture of seized contraband (Clark/Lt. Brockway) Councilmember Connelly asked the city attorney whether this agreement and the financial arrangement is typical. Bob Hager replied yes, that the city has agreements with other counties as well. Motion to approve- Connelly; second by Boyer, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss, and consider approval of an ordinance for a Specific Use Permit to allow for a day care with educational classes for i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 2 00870 May 18, 2009 children to be located north of State Highway 121 on the west side of Morning Star Drive (SUP09-0001, Morrison) City Planner Wes Morrison reviewed the request for a specific use permit for a day care to be built in PD 16. He noted the location in respect to other properties, including a liquor store (about 700' from site). There is one access point from Morning Star Drive. He added that he received no responses to the letters sent. Planning and Zoning Commission recommends approval. Councilmember Mikulec asked whether there is a concern about the northbound traffic on Morning Star making u-turns to access the site. Wes stated the applicant was required to provide a mutual access easement. City Engineer Gordon Scruggs added that a traffic study was not required. There are about five-thousand cars a day traveling on Morning Star. There will be a future access road to the south at the median cut. Councilmember Connelly confirmed with Wes that the location is in the Gateway Overlay District. Mayor McCourry opened the public hearing at 7:30 p.m. Christi Martin stated she is concerned about the turn-around being at a pedestrian crossing. Mike Lynch also expressed this concern, and asked what is an "educational" day care and what is the required distance is to the liquor store for this. The public hearing was closed at 7:34 p.m. Councilmember Connelly stated that the Overlay District planning is for other uses (retail, restaurants, entertainment), and that he does not believe a day care center to be the highest and best use of the property. The applicant, Dr. Jude Ndudi, explained the educational aspect of the center's programs (curriculum, qualified teachers). The school is expected to have approximately 150 students. Council members Mikulec and Boyer and the Mayor expressed their concerns over the u-turn. Mayor McCourry asked whether a study should have been done; Public Works Director Steve Eubanks replied no, not based on the current traffic but it can be done if council desires. Motion to deny- Connelly, second by McCourry; motion failed with Connelly voting aye and all others voting no. Motion to approve- Connelly; At this time Councilmember Mikulec asked if Councilmember Connelly would withdraw his motion in order to table the item until the traffic issue is worked out. Councilmember Connelly rescinded his motion to approve. Steve Eubanks suggested the applicant be asked to perform the Traffic Impact Analysis. Motion to table to the first meeting in July to give the applicant and/or city staff the time needed to do the Traffic Impact Analysis- Connelly; second by Mikulec; motion passed with all ayes. 3 U0S ~9x May 18, 2009 3.2 Discuss and consider approval of a site plan for Lot 1, Block A of the Legacy Day School Addition, being 1.763 acres, located north of State Highway 121 on the west side of Morning Star Drive (SP09-0001, Morrison) Motion to table to the 1St meeting in July- Connelly; second by Mikulec; motion passed with all ayes. 3.3 Receive presentation, discuss and consider the results and recommendations of the Paige Road Speed Study (Eubanks) Steve Eubanks introduced consultant Steve Taylor with Jacob Engineering. Mr. Taylor reviewed the methodology and procedures used to conduct the study, and noted the curvature concerns. He said the speed recommendation of 40 mph for the entire length of the road is based on predominant conditions and include adding some advisory speeds. He added that while this road is not governed by Texas Department of Transportation rules, they recommend using 25 mph in the school zone rather than 20 mph (TxDot rule to reduce by 15 mph). Considerable discussion among council members followed concerning the recommended speeds. Bob Hager was asked whether deviating from the recommended speeds will cause a concern from an enforcement standpoint. He said if a speed is set that is less than the recommendation it is more enforceable in court. 3.4 Discuss and consider approval of an ordinance amending Chapter 19 of the Code of Ordinances, Sections 19-10 and 19-11, establishing a 40 MPH speed limit and a 25 MPH school zone on Paige Road (Eubanks) Steve Eubanks told the council that he included in this ordinance removal of some duplicated speed limits in the Code of Ordinances, and extended the length of the school zone. In addition, the study was conducted for the entire length of the road since no previous study was done for the road south of South Colony. Council members provided the following comments: Connelly- speeds should be set by the study, not by emotion; prefers 20 mph school zone Boyer- 35 mph safer from North Colony to South Colony Schrag- prefers 40 mph with 20 mph school zone McCourry- 35 mph; need to be consistent with speeds on other thoroughfares Mikulec- prefers 40 mph south of South Colony, 35 mph north of North Colony, and 20 mph school zone Motion to approve 40 mph and 20 mph for the school zone- Schrag; second by Connelly; motion passed with Connelly, Mikulec and Schrag voting aye and McCourry and Boyer voting no. Motion to reconsider [stated he misunderstood the motion]- Mikulec; second by Boyer; motion passed with all ayes. Motion to table to next meeting- Connelly; second by Schrag; motion passed with all ayes. 4 May 18, 2009 0 0 S 3.5 Discuss, consider, and provide direction to the city manager to develop a plan with at least two financing options that would allow construction to begin on the Police and Courts Building (Council- Dillard, Marshall) Mayor McCourry stated this item is a high priority for him; all council members agreed for the city manager to develop a financing plan for council to consider. City Manager Dale Cheatham said that due to some recent actions by the Economic Development Corporation there are funds to be freed up and asked if council might be receptive to him bringing something back next month where the city could use some of those funds for plans and construction, then delay any decision until August after the certified tax role come in. All were in agreement. City Attorney Bob Hager advised the council that he has nothing to report during executive session however, would like to meet with the two new council members to update them on legal issues. 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 to seek legal advice 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 to seek legal advice regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not addressed. 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 8:28 p.m. APPROVED: G e Mc o ayor City of. e;Qlony ATTES ristie Wilson, TRMC, CMC City Secretary 5