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HomeMy WebLinkAbout01/05/2010 City Council January 5, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JANUARY 5, 2010 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 5th day of January 2010 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 (arrived 7:10) And with six council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Special Presentation- Local chorus group Source of Strength performed a song. They have a concert planned on January 17tH Special Events Recap- David Swain from Parks & Recreation presented a power point presentation of the fourth quarter special events to include Family Fright Night, Salute to American Heroes, and Holiday in The Park. Citizen Input- Christi Martin thanked the community for supporting the first season of The Colony Playhouse and announced shows planned for 2010. Jayme Skelton, Library Board Chair, expressed appreciation on behalf of the board for the City Council's support of the Library and its programs. Announcement of upcoming civic events and activities I- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held December 14 [Mikulec absent] and December 15, 2009 (Wilson) 2.2 Consider approving council expenditures for November 2009 (Council) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 January 5, 2010 Motion to approve above consent agenda items-Marks; second by Connelly, motion passed with all ayes. Councilmember Marks requested separate discussion of Item 2.3. 2.3 Consider accepting Cindy Marshall's resignation from the Cultural Arts Board (Council) Councilmember Marks stated he asked for this to be pulled from the consent agenda so he could vote against it. Motion to approve- Connelly, second by Mikulec; motion passed with all ayes except for Marks who voted no. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider approving an ordinance granting a specific use permit to allow a wireless communication facility on approximately 7.165 acres located on the south side of Memorial Drive between Market Street and Main Street, approximately 1500 feet west of F.M. 423 (SUP09-0002, Morrison) City Planner Wes Morrison advised that this request is to approve a specific use permit allowing the installation of three antennas at seventy-five in height on an existing TXU tower. In addition equipment and a storage building are proposed which will be screened by a seven foot chain link fence and landscaping. Letters were sent to surround property owners with no responses. The Planning and Zoning Commission recommends approval. It was noted that the request comes from T-Mobile who requested this zoning approval in advance of further approvals. City Engineer Gordon Scruggs said that a ground lease will be negotiated along with a contract for future city council approval. A public hearing was opened and closed at 7:35 p.m. with no one wishing to speak. Motion to approve- Harris; second by Boyer, motion passed with all ayes. 3.2 Conduct a public hearing, discuss, and consider granting a specific use permit to allow a veterinarian clinic/pet grooming center within the Oaks Village Shopping Center located on the northwest corner of the intersection of North Colony Boulevard and Main Street commonly known as 6805 Main Street, Suite 445 (SUP09-0003, Morrison) Wes Morrison explained that this request is for indoor kennels only with no overnight stay by animals. The Planning and Zoning Commission recommends approval with the stipulation that all activities related to the use will be conducted indoors. One letter in opposition was received by an area resident. A public hearing was opened and closed at 7:40 p.m. with no one wishing to speak. Motion to approve, including the stipulation from P&Z- Harris; second by Mikulec; motion passed with all ayes. 2 January 5, 2010 3.3 Receive presentation of The Colony Convention and Visitors Bureau website and consider adopting a resolution approving a license to use the official city logo and to modify the same for local convention and visitors bureau promotional materials. Communications Director Diane Baxter advised that this request is actually for two logo variations for the Convention and Visitors Bureau use. CVB Coordinator Christie Hartwell reviewed the features of the new website and plans for future expansion. It was noted that the site will go live on January 151h Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. 3.4 Discuss and consider adopting a resolution directing publication of Notice of Intention to Issue Certificates of Obligation for re-construction of The Colony public safety building and related public purposes (Koo) Finance Director Rebecca Koo advised that the projects to be financed were approved by council during the 2008-2009 and 2009-2010 budget deliberations. City Manager Tony Johnston reviewed the budget projections for those years and the proposed adjustments. Tony summarized six debt payment options, adding that his preference is for option four. Mayor McCourry requested an executive session at 8:22 p.m. Council reconvened open session at 8:52 p.m. Tony further explained that the proposed Public Services building is being designed but any debt related to construction will be postponed until after the tax rolls are known around May. A decision could be made then on whether to proceed. Considerable discussion followed about whether to proceed with this full amount or perhaps do a second bond issuance in the future. It was noted that anything the bond issuance might be used for must be included in the public notice thirty days in advance of the sale. An additional amount could be included to have the option of moving forward on the Public Services building. It was made clear that this agenda item is to authorize the publication of the public notice listing possible projects, not actually committing to the expenditures or deciding repayment options at this point. Councilmember Connelly expressed his concern over the lack of detail in the project list. Motion to approve a resolution directing publication of Notice of Intention to Issue Certificates of Obligation to include Public Services building and/or other public structures not to exceed $18M- Harris; second by Mikulec; motion passed with all ayes except for McCourry and Connelly who voted no. 3.5 Discuss and consider approving a resolution certifying funding and support for the application for 2009 Statewide Transportation Enhancements Program funds for the development of trails to enhance transportation options in the city (Nelson) Community Service Director Pam Nelson stated that the resolution is to express the city's support for an application through the Statewide Transportation 3 January 5, 2010 Enhancements Program for the purpose of enhancing mobility options for residents, specifically by finishing the park loop trail and to make a trail connection to the future Austin Ranch trail at Plano Parkway and S.H. 121. The program is an 80% reimbursement, with the application being for $3.9M and a city investment of approximately $800,000. If the grant application is approved the money would be fronted by the city, and the city's portion could be contingent on the 4B covering the city's cost including maintenance. Discussion of the funding reimbursement timeline followed. Motion to approve as presented- Marks, second by Harris, motion approved with all ayes. 3.6 Discuss and consider approval of an ordinance amending the Code of Ordinances, Chapter 5, Animal Control, by repealing it in its entirety and replacing it with a new Chapter 5, Section 5-1 through Section 5-28 (Plemons) Police Captain Chris Plemons reviewed the proposed changes to the animal control ordinance, stating that several of the changes are due to changes in the state law. Councilmember Harris questioned whether fencing restrictions for livestock could be added, and confirmed with the city attorney that the penalty for violations of the ordinance would be $500. Lastly, he asked whether bird feeders are excluded from the new section 5-24 concerning the feeding of wildlife. Captain Plemons stated that the Texas Department of Wildlife was consulted and they did not recommend doing so. He explained that since rabbits and other small animals are drawn to bird seed on the ground underneath bird feeders, then in turn the larger wildlife such as coyotes or bobcats would follow. Citizen Dick Yates addressed the council and provided copies of photos of wild ducks that accumulate in his neighborhood due to some residents repeatedly feeding them, and that the ducks have become nuisances. Councilmember Boyer asked about enforcement of the ordinance and was advised that a citizen can make a complaint against another in municipal court- that an officer does not have to personally witness a violation. Motion to approve- Schrag; second by Mikulec; Mayor McCourry voiced his concern that the wording of 5-24 is too restrictive to those residents who have bird feeders and would like to get examples of wording from other cities. Councilmember Marks questioned what the general locations of the bobcats have been and Shelter Manager Patricia Barrington indicated in several areas of town. After considerable discussion and recommendations made regarding whether the feeding of wild animals should include birds, Councilmember Marks asked to amend the original motion as follows. Motion to amend the motion to include coyotes, bobcats, and waterfowl- Marks; second by Harris, 4 January 5, 20 10 Councilmember Mikulec requested Councilmember Marks withdraw his motion and to simply exclude songbirds. Councilmember Marks declined and asked for the vote to be taken. Motion failed with all nos except for Marks and McCourry who voted aye. Motion to amend the motion to exclude songbirds- Connelly; second by Harris; motion passed with all ayes except for Boyer and Schrag who voted no. Vote on original motion to approve with the amendment to exclude "songbirds" in Section 5-24 [would allow the feeding of songbirds]: Motion passed with all ayes. 3.7 Discuss and consider approving a resolution amending the speed control hump policy to provide for council approval for use of speed control humps in alleys when there are pedestrian safety concerns (Scruggs) City Engineer Gordon Scruggs advised the council that currently the city has a policy for the installation of speed humps on streets but does not include alleyways. What is being proposed in the amendment is to add a procedure (C-6) for the city to install speed humps in an alley if there is a pedestrian safety concern that includes a public hearing process. He referenced a recent incident in the alley behind Matson. Mayor McCourry added that this particular location is where the trail expansion crosses an alley and there is a visibility issue. Councilmember Marks asked for clarification on what defines "pedestrian safety". Similarly, Councilmember Boyer recommended that specific criteria be established so the language is not too broad [ex. does not want this to affect sidewalks that cross alleys.] Motion to approve and bring back to council with stipulations for alleyway speed humps- Marks, second by Mikulec; motion passed with all ayes. 3.8 Receive presentation, discuss and provide guidance to staff on options to improve pedestrian safety at trail crosswalk in alley at the Legends subdivision (Scruggs) Gordon Scruggs explained that an intersection on the Matson to Morningstar alley and the hike and bike trail is a location that has a visibility problem. He showed photos of the area that included some striping and signage that was added after an accident occurred there. He reviewed six options and related cost estimates to improve the area. Gordon advised a public hearing will be held next meeting. Another option of possibly moving the trail was briefly discussed. Motion to approve the 4 speed hump option and add stop signs on the trail- Harris; second by Mikulec; motion passed with all ayes except for Marks and Schrag who voted no. 5 January 5, 2010 3.9 Receive Census 2010 Complete Count Committee report and consider adopting a resolution approving a license to use the official city logo and to modify the same for local census promotional materials (Wilson) City Secretary Christie Wilson presented a brief Complete Count Committee report and a request by the committee to make a modification to the city logo to incorporate into a local Census logo that includes the slogan "Make The Colony Count". The logo would be used to promote community involvement in the 2010 Census. After some discussion it was expressed that using a logo other than the official city logo would likely not improve the city's response rate. Motion to deny- Connelly, second by Harris, motion passed with all ayes. 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 seek legal advice from 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 seek legal advice from 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 Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney and special legal counsel and to seek legal advice concerning the western, southern and northern city boundaries, annexation and extraterritorial jurisdiction. Reconvened to Open Session 12:00 a.m. January 6, 2010. 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. Not addressed. 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 addressed. C. Any action as a result of executive session regarding the western, southern and northern city boundaries, annexation and extraterritorial jurisdiction. Motion to appoint Brown and Hofineister as special council related to this item for the remainder of the month of January- Boyer, second by Harris; motion passed with all ayes. 6 January 5, 2010 And with no further business to discuss the meeting was adjourned at 12:02 a.m. on January 6, 2010. APPROVED: J I McCou , Mayor City of The olony ATTEST: Oc -F" ristie Wilson, TRMC, CMC City Secretary 7