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HomeMy WebLinkAbout02/16/2010 City Council February 16, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 16, 2010 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 16th day of February 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 (arrived 7:19) Joel Marks Councilmember Present 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 - Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Christi Martin thanked council and staff for providing good customer service, and answering questions when asked. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Mayor McCourry announced IHOP's Shriners' Children's Hospital benefit day on February 23, 2010, and talked about a recently publicized article naming Texas as one of the best places to live. He also stated that item 2.10 on the consent agenda would be moved to the regular agenda. 10 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held February 2 and 8, 2010 (Wilson) 2.2 Consider approval of a resolution authorizing the city manager to execute a developer's agreement for proposed park improvements at the Tribute to satisfy park dedication ordinance requirements (Nelson) 2.3 Consider approval of a resolution authorizing the city manager to execute the Tribute Home Owner's Association License and Maintenance Agreement for the proposed trail improvements (Nelson) 2.4 Consider approval of a resolution adopting the December 1, 2009 Quarterly Investment Report (Koo) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 February 16, 2010 2.5 Consider approval of a resolution authorizing the chief of police to execute interlocal agreements, including subsequent renewals, with neighboring counties for disposition of seized funds and property in accordance with Chapter 59 of the Texas Code of Criminal Procedure (Clark) 2.7 Consider approval of a resolution amending the 2009-2010 Master Fee Schedule for the inspection of multi-family rental units (Joyce/Browder) 2.8 Consider approval of a resolution authorizing the city manager to execute a Communication Facility License Agreement with T-Mobile West Corporation for a communication facility to be located on city property (Scruggs) Motion to approve above consent agenda items- Connelly, second by Harris, motion passed with all ayes. Councilmember Harris requested separate discussion on 2.6. 2.6 Consider approval of an ordinance amending the Code of Ordinances, Chapter 5 Animal Control, Sections 5-1, 5-19, and 5-24 regarding livestock fencing and feeding songbirds (Clark) Councilmember Harris expressed that he feels the feeding of ducks in the city's parks should not be prohibited. Chief Joe Clark responded that the Texas Parks and Wildlife recommendations were used to prepare the ordinance. After a brief discussion the following motion was made. Motion to table to the next meeting [to add duck feeding allowed in parks]- Harris; second by Connelly; motion passed with the following vote: Ayes- Harris, Mikulec, Schrag, Marks Nos- McCourry, Boyer, Connelly Councilmember Marks requested separate discussion on 2.9. 2.9 Consider approval of a resolution appointing a Home-Rule Charter Commission to review the current Home-Rule Charter and propose amendments to same (McCourry) Councilmember Marks stated that he has not yet confirmed his choice for the Charter Review Committee and asked to add that person a later time. Motion to approve- Marks; second by Harris; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS Mayor McCourry announced that items 3.2, 3.6, and 3.7 will not be addressed, and then he moved item 3.9 up to be addressed first. 3.9 Discuss and consider moving the first meeting in March from Tuesday, March 2"d, to Monday, March 1St (Connelly) Councilmember Connelly advised that he requested this item since several council members work for other candidates on Election Day (Tuesday, March 2°d) 2 February 16, 2010 Motion to hold the first meeting in March on Monday March Is' rather than Tuesday March 2"d- Connelly; second by Marks; motion passed with all ayes except for McCourry and Harris who voted no. 2.10 Consider and take action to reschedule consideration of an ordinance authorizing the issuance of certificates of obligation, in one or more series, in principal amount not to exceed $18,000,000 as described in the notices published January 14 and January 21, 2010 (Koo) Finance Director Rebecca Koo stated that originally the bonds were to be sold today but due to the interest rate environment the financial advisor has recommended that the Build America Bonds be presented as an option. This is the reason they are requesting the sale be postponed to March 1St I move to reschedule adoption of the ordinance authorizing the issuance of certificates of obligation to the City Council meeting to be held on March 1, 2010, scheduled to begin at 7 p.m. at the City Hall, 6800 Main Street, The Colony, Texas- Harris; second by Connelly; motion passed with all ayes. 3.1 Discuss and consider issuance of all or a portion of the city's proposed certificates of obligation as direct subsidy Build America Bonds, and take any action with respect thereto (Koo) Rebecca introduced Jason Hughes with First Southwest who advised the council of the pros and cons of Build America Bonds, as well as particular requirements surrounding their use. It was noted that these are taxable bonds, which broadens the potential purchasers, however the federal government will provide the city a 35% subsidy to off-set this. Several council members requested to see some actual data on potential savings for the city. Jason will provide this information to the city manager who can then pass it on to the council. Council will provide feedback to Tony on this before the March 1St meeting. 3.2 Receive presentation and discuss a proposed Master Plan for Stewart Creek Park, and provide direction to staff regarding the park's development (Nelson) Not addressed. 3.3 Conduct a public hearing, discuss and consider approval of an ordinance approving a development plan for the Old American Clubhouse located on the eastern side of Lebanon Road north of the existing Tribute Golf Course (Joyce) Development Services Director Mike Joyce presented a detailed development plan for the Old American Clubhouse that included location, site plan, and landscape plan. He added this is a two-story, 6,000 square foot building plus a storage building. Sixty-five parking spaces are included, seven of which are concrete and fifty-eight are GeoWeb. Planning and Zoning recommends approval with the stipulation that the proposed GeoWeb product for the parking lot will meet the city's load requirements per the ordinance. The public hearing was opened at 7:53 p.m. James Bullington stated he is not in favor of the proposed 3 February 16, 2010 parking. He said the loose material could potentially cause damage to cars, and that this material is not allowed in other areas. Christi Martin asked whether there are any exterior artistic elements planned. Kristian Teleki of Mathews Southwest advised that there are none but will take it under advisement. He also said that the planned parking material was selected solely to carry out an Old World theme of the building. The public hearing was closed at 7:59 p.m. Councilmember Marks asked whether the material is actually loose gravel and was told that it is decomposed granite. Motion to approve with P&Z stipulation- Harris; second by Mikulec; motion passed with all ayes. 3.4 Conduct a public hearing, discuss and consider approval of an ordinance approving a development plan for the Old American Golf maintenance facility located at the southern portion of Lebanon Road and the southwestern corner of Lebanon Road and the future Bridge Lane right-of- way intersection (Joyce) Mike Joyce presented a development plan for the Old American Golf maintenance facility that included location, site plan, and landscape plan. He said this is a one-story 5,400 square foot building with six parking spaces, five of which are GeoWeb. Planning and Zoning recommends approval with the stipulation that the proposed GeoWeb product for the parking lot will meet the city's load requirements per the ordinance. The public hearing was opened and closed at 8:01 p.m. with no one wishing to speak. The developer, Kristian Teleki, stated this building will be used for sand, mowers, fuel, fertilizer, etc., and that it is designed to meet the city requirements. All storage is indoors. The fuel storage containers are above ground, and there is a contained washout area. Motion to approve with P&Z stipulations- Connelly; second by Mikulec; motion passed with all ayes. 3.5 Conduct a public hearing, discuss and consider closure, installation of speed control humps, and other measures to improve pedestrian safety at trail crosswalk in the Legends subdivision (Scruggs) City Engineer Gordon Scruggs presented three options with costs for closing this alley intersection to through traffic, adding that it is temporarily closed now due to it being a pedestrian safety issue. Letters were sent to residents in the neighborhood and there was one response received against closure. Gordon requested direction from council on how to proceed. The public hearing was opened at 8:12 p.m. James Bullington spoke in favor of posts and cable closure, and adding stop signs. Richard Bullington and Yvette Layton spoke in favor of a barricade, and Christi Martin spoke in favor of posts and cable. The public hearing was closed at 8:21 p.m. Council members were split on their preferences, if the alley is closed, between option 2, post and cable for $11,000, and option 3, the enhanced model for $34,000. Motion to approve post and cable for $11,000- Marks; second by Mikulec; motion failed with the following vote: 4 February 16, 2010 Ayes- Boyer, Mikulec, Marks Nos- McCourry, Harris, Connelly, Schrag Councilmember Harris suggested that the Homeowner's Association and the Community Development Corporation be approached to help fund the project. Pam Nelson representing the CDC told the council that the CDC will be discussing at their next meeting, and she will also plan to meet with the HOA. Councilmember Harris made a motion to approve option 3, with a second by Mikulec, then withdrew it in order to wait on feedback from the CDC and HOA. The temporary barriers will remain in place until a final decision is made. 3.6 Receive presentation and discuss proposed changes to the Code of Ordinances by combining Chapter 6 and Chapter 10, and to include sections of the International Property Maintenance Code (Joyce/Browder) Not addressed. 3.7 Discuss and consider approval of a resolution authorizing the city manager to execute appropriate documents to contract for replacement of the telephone system at city facilities (Koo/Maker) Not addressed. 3.8 Discuss and provide direction to staff regarding the collection of a Juvenile Case Manager Fee and remittance to Denton County to fund a part-time juvenile case manager position at the county (Koo) Finance Director Rebecca Koo told the council that Judge James DePiazza is requesting that The Colony Municipal Court collect a Juvenile Case Manager Fee of $3 to help fund a part-time Juvenile Case Manager, who would be a county employee. The fee would be an addition to the court fine schedule, not a reduction in the fines the city already collects. It was noted that The Colony Municipal Judge who sets the city's fine schedule would be involved in the process. At 9:10 p.m. Councilmember Mikulec requested an executive session. Open session reconvened at 9:15 p.m. Judge DePiazza spoke to the council adding that the case manager would report to him, and that person would work 20 hours per week for The Colony and 20 hours per week for Little Elm. The financial commitment for the city would be $28,000 per year regardless of the amount collected through the fines. Direction was given to proceed with this. An interlocal agreement with Denton County will be presented for council approval at a later date. Executive Session was convened at 9:34 .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 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. 5 February 16, 2010 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. Reconvene to Open Session at 12:00 a.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. I move to authorize the Mayor or City Manager to execute the Settlement Agreement as discussed in executive session, the related Relinquishment Agreement, and related easements, and authorize the City Attorney's office, City Manager and city staff to undertake all necessary actions to effectuate the Settlement Agreement in the City of The Colony v. North Texas Municipal Water District lawsuit- Harris; second by Marks; motion passed with all ayes except for Schrag who voted no. 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 Council recessed from 12:05 a.m. until 12:35 am. And with no further business to discuss the meeting was adjourned at 12:35 a-.m. APPROVED: oe McCo K, Mayor City of T e Colony ATTEST: 3 Chri"IC, CMC City Secretary 6