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HomeMy WebLinkAbout03/01/2010 City Council-SS March 1, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 1, 2010 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:22 p.m. on the 1st day of March 2010, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Absent Richard Boyer Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Mayor Pro-Tem Present Perry Schrag Councilmember Present 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 - Church of Jesus Christ LDS Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities 1- Presentation from the Library Director Joan Sveinsson regarding current and upcoming programs, events, and service improvements; Parks Director Pam Nelson regarding upcoming activities. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held February 16 and 18 [Mikulec absent], 2010 (Wilson) 2.2 Consider approval of council expenditures for the month of January 2010 (Council) 2.4 Consider approval of a resolution awarding a bid and authorizing the city manager to execute a construction contract for the North Colony Boulevard culvert rehabilitation project (Scruggs) 2.5 Consider approval of a resolution authorizing the city manager to execute a Release of Affidavit for certain drainage improvements required for Lot 1, Block 1, Centennial Center Additions (Scruggs) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 March 1, 2010 2.6 Consider approval of a resolution authorizing the city manager to execute a Partial Release of Easement(s) for Parcel 55, Lot 1, Colony Corners Addition, to allow acquisition of right-of-way for the widening of F.M. 423 (Scruggs) 2.7 Consider approving a resolution extending the delinquent property tax collection contract with McCreary, Veselka, Bragg & Allen, P.C. for one year (Koo) Motion to approve above consent agenda items- Marks; second by Schrag; motion passed with all ayes. Councilmember Connelly requested item 2.3 be addressed separately. 2.3 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, feeding songbirds and ducks (Clark/Plemons) Councilmember Connelly stated he would like to reconsider adding the language restricting feeding birds and foul, and suggested removing section 5-24 unless there's a public safety issue. Councilmember Marks stated he agreed and that he would like to make a motion not to accept the ordinance. Councilmember Mikulec asked Shelter Manager Patricia Barrington whether individuals can be cited for feeding wild animals. She advised not currently. She added that citizen complaints on bobcats and coyotes usually occur during the spring and fall. Councilmember Connelly asked if the motion might be modified to remove only 5-24 and approve the remainder of the ordinance. After further discussion and no second made on the first motion, this second motion was made: Motion to approve- Schrag; second by Mikulec; motion passed with the following vote: Ayes- McCourry, Boyer, Mikulec, Schrag Nos- Connelly, Marks 3.0 REGULAR AGENDA ITEMS 3.1 Consider adoption of an ordinance authorizing the issuance and sale of City of the Colony, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation; levying an annual ad valorem tax and providing for the security for and payment of said certificates; approving an official statement; and enacting other provisions relating to the subject (Koo) Finance Director Rebecca Koo stated that the interest rate available on these bonds is very good at 3.65°/x, and introduced Boyd London with First Southwest. Boyd provided a handout to the council outlining the details of the bond sale. He added there was no bond insurance added this year due to the city bond rating. Councilmember Boyer commented that in the future he wants the city to "pay as you go" and not in arrears. Motion to approve- Connelly; second by Marks; motion passed with all ayes. 2 March 1, 20 10 3.2 Conduct a public hearing, discuss and consider approving an ordinance readopting Chapter 13, Article III, Sections 13-31 through 13-37 of the Code of Ordinances regarding curfew hours for minors (Clark/Chandler) Police Captain Chris Chandler provided an overview of the Local Government Code requirement to re-adopt juvenile curfew ordinances every third year, and requested council re-adopt as written. The public hearing was opened at 8:06 p.m. Christi Martin asked whether it applies to juveniles who might be going home after work. Captain Chandler advised that is not a violation. The public hearing was closed at 8:07 p.m. Motion to re-adopt the ordinance as written- Boyer; second by Mikulec; motion passed with all ayes 3.3 Discuss and consider approval of a resolution authorizing the city manager to execute a Development Incentive Agreement with Legacy Day School (Scruggs) City Engineer Gordon Scruggs advised this item is for a new project on Morningstar. He stated that issuance of a building permit requires all fees be paid, adding that the roadway impact fees being based on vehicle miles traveled by day, came in more than expected (75% of total). Since the city is in the process of updating the fee schedule (next 3-4 months), the developer has requested this agreement to possibly receive a refund of some of the fees and move forward with the project now. Motion to approve- Mikulec; second by Marks; motion failed with the following tie vote: Ayes- Mikulec, Schrag, Marks Nos- McCourry, Boyer, Connelly 3.4 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) Development Services Manager Iris Browder reviewed with council that the Code Enforcement Advisory Board has been working since 2007 to incorporate the International Property Management Code into Chapter 6 of the Code of Ordinances, which also involves moving Chapter 10 into Chapter 6. She described several of the proposed changes, some that include new state law. Mayor McCourry said that council will address this over the next 4-5 council meetings. 3.5 Receive presentation and discuss a proposed Master Plan for Stewart Creek Park and provide direction to staff ' regarding the park's development (Nelson) Parks Director Pam Nelson told the council that they are presenting the proposed master plan concept for Stewart Creek Park as approved by the Community Development Corporation, and introduced a representative from Jacobs 3 March 1, 2010 Consultants who made the presentation. A summary of the improvement program was reviewed and it was noted there is no time line for completion. In addition it was stated that there was a focus to increase day use of the park, and to incorporate areas available as multi-use. Pam added that the Corp of Engineers attended planning sessions and they do not anticipate any conflicts. Citizen Christi Martin offered her thanks to those who participated with this project, and provided her suggestions to the plan. Councilmember Connelly added the plan is conceptual and improvements can be done incrementally over the years. Pam noted that initially they will start looking at the electrical needs, and also that they have requested some assistance from Denton County to begin upgrading the roadways. There was a request from Councilmember Mikulec to remove the old restrooms; he also asked that the "running" events be considered during the planning stages. No other recommendations were made. 3.6 Receive presentation, discuss and consider approving funding for proposed trail enhancement at alley between Baker Drive and Overland Drive (Scruggs/Nelson) Pam Nelson said she and Gordon Scruggs met with the home owners association with the city's proposal to use post and cable to close the alley where the trail crosses. The HOA prefers barriers and landscaping to enhance the area. The CDC discussed and decided they would contribute $15,500 with some stipulations that the HOA not be able to barricade this portion of the trail, will maintain the area, and will not object to barriers that will keep vehicles out of the adjacent park. In addition to the $15,500 there will be an additional $6,000 needed for the survey and re-plat for the abandonment. Gordon provided information on warning signs for the alleys that would be appropriate for the intersection. He said it should take 2-4 weeks for completion of the construction, after the agreement is settled with the CDC and HOA. Councilmember Connelly noted that the purpose of this project is to make the trail crossing safer. Motion to approve [$21,5001- Connelly; second by Marks; motion passed with all ayes. [Councilmember Schrag had stepped away from the dais when the vote was taken]. 3.7 Discuss and consider approval of a resolution adopting an amended Speed Control Hump Policy to include provisions for alleyways (Scruggs) Gordon advised this revision adds citizen options and restrictions to request speed humps in alleys. And, the resident cost share for humps on streets has been revised. Four other area cities have speed humps allowed for alleys. Motion to approve as written- Boyer, second by Marks; motion passed with all ayes except for Connelly who voted no. 3.8 Receive presentation, discuss and consider approval of staff proceeding with the design of the Taylor Street reconstruction as a mill and overlay (Scruggs) 4 March 1, 20 10 Gordon Scruggs showed photos of Taylor Street depicting the need for repair. He said that there are two options, one being concrete and the other mill and overlay. He described the mill and overlay process, and the cost savings versus concrete. Gordon said that staff is recommending mill and overlay with a 10-12 year life cycle, and that the underground utilities are in good shape for the same time period. Sidewalk repair and street light replacement are included in the construction cost estimates. This request is only for the engineering cost of $20,295.00. Motion to proceed with the design- Boyer; second by Mikulec; motion passed with all ayes. 3.9 Discuss and consider approval of a resolution authorizing a curb cut on Plano Parkway for the Orthofix development in Lewisville (Scruggs) Orthofix is a new development in Lewisville on the south side of Plano Parkway at Tittle Drive. This request is for joint access to this property and another (Lonzar tract) that is located in The Colony that results in a curb cut in our city limits on Plano Parkway. City ordinance 03-1470 requires council approval since Orthofix is in Lewisville. The Planning and Zoning Commission recommended approval with three conditions: 1) the developer (Billingsley Company) will construct the right turn deceleration lane as well as the driveway pavement on the Orthofix property and in city right-of-way, and dedicate the needed right-of-way for the right turn lane with parkway; 2) a sum of $28,286.50 will be placed in escrow by the developer for construction of the left turn lane with the widening of Plano Parkway; and 3) that cross access be provided from the Lonzar tract to Tittle Drive since there is a traffic signal on Plano Parkway. The access will provide for trucks to use the east-west fire lane south of the building and allow cars to use either the fire lane on the north or south sides of the building. Motion to approve with conditions as presented- Connelly; second by Marks, motion passed with all ayes. 3.10 Discuss and consider making an appointment to the Project Advisory Team for Denton County Transportation Authority's Service Plan Update (Council) Mayor McCourry advised he asked former mayor John Dillard to participate in this project on behalf of the city. He agreed pending his employer's approval. Since the first meeting is tomorrow, a staff member will attend and a firm answer from Mr. Dillard will be forthcoming prior to the next bi-monthly meeting. Motion to appoint John Dillard- Schrag; second by Boyer; motion passed with all ayes. 3.11 Discuss and consider changing the second regular city council meeting from March 16th to an alternate date (McCourry) Mayor McCourry said that since the next regular meeting falls during Spring Break he would like to reschedule it to Monday the 22nd or Tuesday the 23rd 5 March 1, 2010 Motion to change the second meeting to Monday, March 22"d- Connelly; second by Marks; motion passed with all ayes. The Executive Session was convened-at 10:20 .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. 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 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding a possible annexation of property contiguous with the city's boundary. Reconvened Open Session at 12:05 a.m. on March 2, 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. 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 possible annexation of property contiguous with the city's boundary. No action And with no further business to discuss the meeting was adjourned at 12:06 a.m. on March 2, 2010. APPROVED: G oe Mc o , Mayor City of T Colony C"N ATTEST: 1~ ~Y ai a Christie Wilson, TRMC, CMC City Secretary 6