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HomeMy WebLinkAbout12/01/2003 City Council O0~q9., December 1, 2003 CITY OF THE COLONY DENTON COUNTY, TEXAS DECEMBER 1, 2003 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 1st day of December 2003, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Councilmember Present Scott Ward Councilmember Present Joe McCourry Mayor Pro-rem Present Lynda Bayliss Councilmember Present Pen~ Schrag Councilmember Present Joel Marks Councilmember Present 1.0 PROCLAMATIONS ROUTINE ANNOUNCEMENTS,: RECOGNITIONS AND Call to Order Invocation - Councilmember Lynda Bayliss Pledge of Allegiance to the United States Flag Salute to the Texas Flag Receive recognition from Denton County Commissioner Sandy Jacobs Commissioner read the following resolution: RESOLUTION Honoring The City of The Colony, Denton County, Texas "Texas Sportstown" The Commissioners Court of Denton County, Texas, meeting on the 18th day of November 2003, considered the following resolution: WItEREAS, the National Recreation and Park Association along with Sports Illustrated chooses only one city in each of the 50 states to recognize as part of America's Sports Illustrated: 50 Years, 50 States, 50 Sports has chosen the City of The Colony as the designated city for the State of Texas; WHEREAS, the City of The Colony is home to 33,600 Denton County residents who consider recreation and sports as a vital lifestyle component for citizens of all ages and abilities; and the recreation and sports programs in The Colony endeavor to serve citizens independently while cooperating and partnering with other sports organizations working toward the goal of providing what is best for the community as a whole; and WItEREAS, in addition to The Colbny Aquatic Park which has four pools including a heated indoor pool where classes are held year round; a Recreation Center and a variety of other athletic facilities; the citizens of The Colony have supported and funded the newly opened "Five Star Complex", an 81 acre "state-of-the-art" sports facility featuring seven baseball fields, six soccer fields, two football fields, hiking and biking trails; and WHEREAS, innovations for community development of sports has resulted in over $10 million in athletic facilities developed through public/private partnerships; and the scope of the programming is extensive in the city with an example being the use ora 1 December 1,2003 streamlined registration process whereby parents eau register children for all sports program, not just city-sponsored ones, at one location; and WHEREAS, the City of The Colony demonstrated their commitment to excellence by -- meeting the stringent criteria of this award which included utilization of comprehensive policies and procedures, inclusive education, training d youth development plans, and a strong community dedication to parks and recreation. NOW THEREFORE, BE IT RESOLVED, that the Denton County Commissioners Court, Denton County, Texas commends the citizens, elected officials and staff of the City of The Colony for their commitment to enhance the city by providing quality recreational programs and outstanding facilities; and congratulates them on their selection as the premier Sportstown in the State of Texas. DONE IN OPEN COURT, this the 18th day of November 2003, upon motion by Commissioner Jacobs seconded by Judge Horn and 5 members of the Court being present and voting. Mary Horn County Judge Cynthia White, Commissioner Sandy Jacobs, Commissioner Pct. 1 Pct. 2 Bobbie Mitchell, Commissioner Jim Carter, Commissioner Pct. 3 Pct. 4 Commissioner Jacobs presented the resolution to Mayor Dillard on behalf of the __ Denton County Commissioner's Court. Citizen Input Announcement of upcoming civic events and activities t_ David Swain announced the Christmas Event on December 6 beginning with pictures with Santa at Noon in the Library and the parade of lights beginning at 5:45. The tree lighting and business expo will follow the parade at city hall. ~ CONSENT AGENDA J 2.1 Consider approval of the minutes of the regular session and joint special session council meetings held November 17, 2003 (Wilson) Motion to approve the minutes as written - Schrag; second - Bayliss carried with all members voting aye. 2.2 Consider approval of an ordinance amending Chapter 9, Article IV of the Code of Ordinances regarding EMS transport fees and non-resident fees for fire department response to motor vehicle accidents (Morrison) Councilmember Schrag stated that he does not agree with charging anyone a fee for responding to a motor vehicle accident. Councilmember McCourry asked Chief Morrison what prompted this item. Chief Mon'ison advised both items had been approved previously, but had not been adopted by ordinance. He further explained the purpose of this agenda item was to have them adopted by ordinance. ~ These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 2 December 1,2003 Motion to do away with the fee schedule - Schrag. Councilmember Hams asked that the motion be amended to delete only section 2 of the proposed ordinance, which deals with non-residence fees for response to motor vehicle accidents. Motion to approve the ordinance with Section 2 deleted - Schrag; second- Harris carried with all ayes. 2.3 Consider approval of a contract with Paul Stuckle for his services as the Municipal Court judge (Council) Motion to approve the contract as written - Schrag; second - Bayliss carried with ail members voting aye. 2.4 Consider approval of an ordinance authorizing the city manager to sign an engineering services contract for design of eight streets for the Phase IIIA street construction project (Scruggs) Motion to approve the ordinance as written - Schrag; second- Bayliss carried with ali members voting aye. 2.5 Consider acceptance of resignations of Lisa Leary of the Parks and Recreation Board and DeWayne Snider of the Planning and Zoning Commission (Nelson/Persaud) Motion to accept the resignations-Schrag; second- Bayliss carried with ali members voting aye. 2.6 Consider acceptance and award bid and approval of an ordinance authorizing the city manager to sign a contract for the reconstruction of South Colony Boulevard from Main St. to Paige Rd. (Scruggs) Motion to accept the bids, award the bid to Tiseo Paving Company and approve the ordinance as written - Schrag; second- Bayliss carried with all members voting aye. 2.7 Consider approval of establishing a Wellhead Protection ordinance (Scruggs) Motion to approve the ordinance as written - Schrag; second- Bayliss carried with all members voting aye. 2.8 Consider approval of a change order in the engineering services contract for preparation of a Water System Master Plan (Scruggs) Motion to approve the change order as written - Schrag; second - Bayliss carried with all members voting aye. 3 December 1,2003 2.9 Consider acceptance and award of bids for annual contract on Polymer for the Wastewater Treatment Plant and approval of an ordinance authorizing the city manager to sign contract for same (Sparkman) Motion to accept the bids, award the bid to Fort Bend Services, Inc. and approve the ordinance as written - Schrag; second - Bayliss carried with all members voting aye. 2.10 Consider acceptance and award of bid and approval of an ordinance authoring the city manager to sign a contract for drainage channel improvement and silt removal from Scout Park pond (Nelson) Councilmember Bayliss asked Pam Nelson to explain this project. Ms. Nelson said the plan is to re-locate the fish and wildlife from the pond area. She said the work, which is estimated to last 3 months, will not begin until after January 1 because of the mess associated with it. The silt removal will improve the quality and health of the pond. Motion to accept the bids, award the bid to Dirt - Tech and to approve the ordinance as written - Ba£1iss; second- McCourry carried with all ayes. ~ REGULAR AGENDA ITEMS 3.6 Staff report to council concerning NTCAR Stemmons Service Award (Terrall) Mr. Terrall gave a report on the city's representation and involvement in the Stemmons Service Award held at the Dallas Museum of Art on November 21. He said the affair was attended by about 300 who represented many realtors and investors in the metroplex. The event sponsored by the North Texas Commercial Association of Realtors (NTCAR) is held annually. He noted The Colony was a Gold Sponsor and as such the city received significant recognition. 3.1 Consider approval of a resolution authorizing appointment to the Denton County Transportation Authority (Dillard/Council) Mayor Dillard noted that the person he wished to nominate cannot serve so there would be no action on this item. Bemetta Henville-Sharmon, 4156 Ballard Trail, who had signed up to speak on this item, asked the council to consider appointing her to this position, since she has the experience to handle the task. 3.2 Discussion and consider approval of an ordinance authorizing the city manager to sign a water park ground lease and operating agreement with Horizon Amusement Southwest, L.L.P. (Nelson) Pam Nelson advised that work on the water park will be as soon as possible. Motion to approve the contract as written - Harris; second - Ward carried with all ayes. 4 December 1, 2003 3.3 Discussion and consider approval of an ordinance for Speed Control Hump installation (Scrnggs) Gordon Scruggs addressed the council explaining the proposed ordinance will establish a policy for speed control hump installation. He advised speed control humps are an effective and appropriate device for safely reducing vehicle speeds on certain types of streets. He further stated the ordinance will provide reasonable opportunities for residents and property owners to participate in the process and for sharing the costs of installation with the City under certain conditions. Several Councilmembers expressed concern regarding charging residents for installation. Mayor Dillard suggested deleting the section regarding costs to residents. Further discussion proved that the ordinance merely allows for cost participation under certain conditions and that it would not necessarily be the norm for a resident or property owner to be required to participate in the cost of installation. City Attorney, Bob Hager noted additional language to be added to Section one as follows: ". ...... and such shall be installed in conformance with the Texas Manual on Uniform Traffic Control Devices." Motion to approve the ordinance with modifications as stated by the city attorney - Harris; second- Bayliss carried with all ayes. 3.4 Discussion and consider approval of a Speed Control Hump policy (Scruggs) Motion to postpone until December 15, 2003 for engineer to re-work the schedule - Harris; second- McCourry carried with all ayes. 3.5 Discussion and consideration of Telecommunication Board policies regarding volunteers and broadcasting (Council/Switzer) Mr. Clark Switzer, chair of the Telecommunication Board presented the proposed policies to the council. Councilmember McCourry said he wants to study this further before taking any action, noting he would like to review the other items mentioned at the recent council retreat. Mayor Dillard suggested this be put on the December 15, 2003 agenda for action. 4.0 I EXECUTIVE SESSION I 8:15 p.m. 4.1 A. City Council shall convene into a closed executive session pursuant to Section 551.074 to deliberate concerning the appointment and process of appointment for the position of City Secretary B. City Council shall convene into a closed executive session pursuant to Sections 552.072 property acquisition and 552.076 security personnel and devices of the Texas Government Code to consider appropriate location of public safety security facilities or devices and possible site acquisitions to implement such public safety and security facilities or devices. 5 December 1,2003 10:00 p.m. Recess 10:05 p.m. Reconvene in Executive Session C. City Council shall convene into a dosed executive session pursuant to Section 551.071 to consult with the city attorney regarding contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. 11:07 p.m. Reconvene in Open Session 4.2 Consideration of any appropriate action to be taken as a result of the Executive Session: A. Appointment and process of appointment for the position of City Secretary B. Location of public safety security facilities or devices and possible site acquisitions to implement such public safety and security facilities or devices. C. Contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. No action was taken regarding any items discussed in Executive Session. ADJOURNMENT With no £urther business to address, the meeting was adjourned at 11:09 p.m. APPROVED: Mayor -- -- ATTEST: / Patt~ A. H~cks, TRMC, C~ty Secretary 6