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Home My WebLink About07/06/2009 City Council July 6, 2009 MINUTES OF REGULAR SESSION OF COUNCIL' HELD ON JULY 6, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 6th day of July 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Mayor Pro-Tem 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 - Jeff Connelly Pledge of Allegiance to the United States Flag Salute to the Texas Flag Pirate Days Update- Allison Mahavics with the Chamber of Commerce updated the Council on Pirate Days planning, adding that there are no financial expenditures as yet. Citizen Input- Ross Wells, an attorney representing the City of Frisco, stated that that Frisco had obtained a Temporary Restraining Order from a Denton County District judge to prevent The Colony from annexing land that according to Frisco has been in their ETJ. Announcement of o coming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held June 15 and June 17 (Harris absent), 2009 (Wilson/Kelly) 2.2 Consider approval of council expenditures for May 2009 (Council) 2.3 Consider approval of an ordinance amending Ordinance 07-1727 relating to the Specific Use Permit for Hawaiian Falls Amusement Park, 4400 Paige Road, regarding the screening/landscaping material along Paige Road and Memorial Drive (SP09-0004, Morrison) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 UU00X%J July 6, 2009 2.4 Consider approval of an ordinance to abandon and release the temporary construction easement in Lot 13, Block C, Stewart Peninsula, Southshore Phase I widening (Scruggs) 2.5 Consider approval of a resolution authorizing the mayor to execute an interlocal agreement with the Denton County District Attorney for administrative services related to asset seizures and forfeitures (Clark/Plemons) Motion to approve above consent agenda items- Marks; second by Harris, motion passed with all ayes. Councilmember Connelly requested 2.6 be discussed separately. 2.6 Consider approval of an ordinance amending the Code of Ordinances, Section 14-5 Driving and Parking Vehicles, relating to park parking lot regulations and authorization to enforce (Nelson/Helms) Community Services Director Pam Nelson said that she had been receiving complaints from residents near the Shoreline Trail parking lot at Stewart Creek Park that individuals have been using the parking lot after hours. The plan is to install a locking gate and signage that states the closing time. The SCP gate attendant will monitor it and the police department will be called to enforce towing if necessary. Signage will also be placed at the trail head in Ridgepointe and security lighting will be installed. Motion to approve- Schrag; second by Connelly, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approval of an ordinance for a Specific Use Permit to allow for a day care with educational classes for children to be located north of State Highway 121 on the west side of Morning Star Drive (SUP09-0001, Morrison) City Planner Wes Morrison stated this item was presented to the council in May and at that time council requested a traffic impact analysis be done due to concerns over northbound drivers making U-turns to get to the facility. Public Works Director Steve Eubanks told council that the analysis showed no impact from having the U-turn, and there is safe visibility. Since Morningstar is a four- lane road, and only one vehicle at a time can exit onto it from S.H. 121, the road capacity is more than adequate. Citizen Sandy Jacobs spoke in favor of the project. She made a presentation on the educational facility on behalf of the property owner. Council members Harris and Connelly both indicated their concern that this type of business may not be the best use for the property, and there is an Overlay District that suggests other uses. Councilmember Mikulec stated he feels the traffic study addressed the safety concern, and there is a use next door to this that sets a precedent. Motion to approve- Schrag; second by Mikulec; motion passed with the following vote: Ayes- McCourry, Mikulec, Schrag, and Marks 2 <1 July 6, 2009 Nos- Harris, Boyer, and Connelly 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) Wes again summarized the project and added that Planning and Zoning recommends approval. It was noted that the exterior finish will be similar to that of a neighboring business, and that the parking and fire requirements are met. Motion to approve- Connelly; second by Boyer; motion passed with all ayes. Mayor McCourrv requested an executive session at 7.41 p.m. on items 3 3 3 8 3 9 3 10 and 3.11. Regular session was reconvened at 8.30 p.m. 3.3 Discuss and consider approval of a resolution authorizing the mayor to execute the First Amendment to the Developer's Agreement between the City of The Colony and Wynnwood Peninsula Partners, L.P. (Johnston) Assistant City Manager Tony Johnston said that this amendment to the March 7, 2008 agreement is being requested by the developer. Since the annexation of a portion of their property is not complete, the dollar amounts in the original agreement are being partially deferred. Motion to approve- Harris; second by Connelly; motion passed with all ayes. Mayor McCourry announced that council will address the Additional Agenda Items next 3.8 Discuss and consider approval of a resolution authorizing the mayor to execute an annexation agreement between the City of The Colony and Wynnwood Peninsula Partners GP, LLC or any of its affiliates for approximately 40.29 acres in the Tribute Wynnwood Peninsula (SI09-0010, Morrison) Wes stated this request is to amend an annexation agreement for the Tribute by including 40.29 acres. The property owner is requesting to move forward with their development plans. He reviewed the location, and added that the Development Review Committee recommends approval of the agreement as presented. Motion to approve- Harris, second by Connelly; motion passed with all ayes except for Marks who voted no. 3.9 Discuss and consider approval of an ordinance annexing approximately 40.29 acres of land generally located west of F.M. 423 and north of Lebanon Road (A09-0002, Morrison) This request is to annex 40.29 acres in the city's ETJ located north of Lebanon Road and west of F.M. 423. The property is under the control of one owner who has waived the land owner's rights under Chapter 43 of the Local Government Code related to public hearings for annexations. The Development Review Committee recommends approval of the request as presented. 3 ooSI21 July 6, 2009 City attorney Bob Hager told the council this is being presented at the request of the property owner, and in reference to the citizen input regarding Frisco, no "writ" issued by the clerk of the court [Denton County] has been received by the city. Motion to approve- Schrag; second by Harris; motion passed with all ayes except for Marks who voted no. 3.10 Discuss and consider approval of a resolution authorizing the mayor to execute an annexation agreement between the City of The Colony and Wynnwood Peninsula Partners GP, LLC or any of its affiliates for approximately 4.87 acres in the Tribute Wynnwood Peninsula (SI09-0011, Morrison) Wes stated this request is for an annexation agreement for the Tribute for 4.87 acres. The property is adjacent to the Tribute development and the owner is requesting to move forward with their development plans. He reviewed the location, and added that the Development Review Committee recommends approval of the agreement as presented. Motion to approve- second by Boyer; motion passed with all ayes. 3.11 Discuss and consider approval of an ordinance annexing approximately 4.87 acres of land generally located west of F.M. 423 and north of Lebanon Road (A09-0003, Morrison) This request is to annex 4.87 acres in the city's ETJ located north of Lebanon Road and west of F.M. 423. The property is under the control of one owner who has waived the land owner's rights under Chapter 43 of the Local Government Code related to public hearings for annexations. The Development Review Committee recommends approval of the request as presented. Motion to approve- Harris; second by Schrag; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution awarding a bid and authorizing the city manager to execute a construction services contract for materials and labor to install new pumping equipment at Office Creek Pump Station Water Well #4 (Johnston) Tony Johnston told the council that Utilities Director Tod Maurina is on vacation, and commended Tod for an approximate cost savings of $170,000 on this project. This bid is for furnishing and installing pumping equipment for a new water well #4. Tony added that a consultant reviewed the bids and makes this recommendation for Layne-Texas. Motion to approve-Boyer; second by Schrag; motion passed with all ayes. 3.5 First Reading and discuss an ordinance amending the Code of Ordinances, Chapter 2, by adding Section 2-7 to direct that requests for proposals for city attorney services be considered every third year (Council) 4 July 6, 2009 Mayor McCourry read the caption of the ordinance. 3.6 First Reading and discuss an ordinance amending the Code of Ordinances, Chapter 2, by adding Section 2-4 to allow the election of a mayor pro tem annually (McCourry) Mayor McCourry explained the reason for this request is because when the charter provision was adopted that said a mayor pro tem shall be elected after each council election there was an election each year. Now, every third year there is no election because council serves three-year terms. He would like council to have the option of electing this position each year. In addition, he requested that the deputy mayor pro-tem position be added to the ordinance. He then read the caption to the ordinance. 3.7 Discuss and consider making appointments to fill vacancies on the Cultural Arts Board and the Technologies Board (Council) Each council member who participated in the interviews for these boards gave their opinions on the applicants. It was stated that all were good candidates. Then Mayor McCourry polled the council and a tally was taken as follows. Cultural Arts Board- Laron Cheek- 5 votes (appointed) Casey Kidwell- 2 votes Technologies Board- Matthew Fisher- 4 votes (appointed) Lyle Snider- 3 votes Executive Session was convened at 9:09 p.m. The city attorney stated council will discuss A, B, and C, and that D had been covered in the earlier executive session with no action taken on D at that time. 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. 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. C. Council shall convene into a closed executive session pursuant to Section 551.071(2) of the TEXAS GOVERNMENT CODE to consult with special legal counsel regarding right-of-way acquisition or alignment of certain transportation corridors related to municipal access. D. City Council shall convene into closed executive session pursuant to Section 551.071(1) of the Texas Government Code to consult with the City Attorney and to discuss and consider authorizing the City Attorney to file or 5 00823 July 6, 2009 consider litigation ' with the City of Frisco regarding the extraterritorial jurisdiction of the City of The Colony. Reconvened to Open Session 10:26 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 regarding right-of-way acquisition or alignment of certain transportation corridors related to municipal access. No action. D. Any action as a result of executive session regarding litigation with the City of Frisco regarding the extraterritorial jurisdiction of the City of The Colony. No action. And with no further business to discuss the meeting was adjourned at 10:27 p.m. APPROVED: e McCou , Mayor City of Th Colony ATTEST: K-~ Christie Wilson, TRMC, CMC City Secretary J' 6