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Home My WebLink About12/15/2003 City Council December 1 $, 2003 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 15, 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 t5th day of December 2003, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen HaiTis Councilmember Present Scott Ward Councilmember Present Joe McCourry Mayor Pro-tem Present Lynda Bayliss Councihnember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with seven present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Pastor Blackwell Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation "You Drink and Drive, You Loose" Campaign- Presented to Chief Joe Clark. Proclamation recognizing The Colony/Hebron Hockey Club- Presented to Pam Garcia and members of the hockey team. Recognition of the Finance Department receiving CAFR Award- Finance Director Rebecca Koo explained the award and presented it to Gwen Mansfield, Accounting Manager. Citizen Input- Sue Walden read a letter of appreciation to the city council from the senior citizens. Mike Lynch spoke addressing the issue of fire station locations. He also provided a list of questions for a response from city staff. Announcement of upcoming civic events and activities L Council member Harris recognized the Living Nativity at Lakeway Church and announced that the Church of Jesus Christ Latter Day Saints will have a display of various nativity scenes this weekend. 12.0 I CONSENT AGENDA I 2.1 Consider approval of the minutes of the council meetings held December 1 and December 8, 2003 (Hicks/Wilson) Motion to approve as written- McCoarry; seconded by Marks; motion carried with all ayes. t These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 December 15, 2003 2.2 Consider approval of an ordinance authorizing the city manager to sign a contract with Tymco for the purchase of a street sweeper(Sparkman) Motion to approve- McCourry; seconded by Marks; motion carried with all ayes. 2.3 Consider approval of an ordinance authorizing the city manager to sign a contract with Comtex Communications for the purchase of a city wide radio system(Sparkman/Clark) This item was pulled for discussion by Council member Marks. He asked Chief Clark if we will still have communications with Denton County. Chief Clark advised yes; it will be a matter of choosing which frequency to use. Council member Harris asked for clarification regarding all the city radios being UHF except Parks & Recreation. Chief Clark advised one last frequency was needed for P&R however there wasn't another frequency available. He also stated the P&R radio system would be greatly improved with the addition of a repeater, and that other city departments will still be able to communicate with them. He confirmed that all the frequencies will be registered to the city. Council member Ward asked if the contingency amount could be reduced and Chief Clark said yes but not lower than $25,000. Motion to approve with a reduction in the contingency amount to $25,000- Ward; seconded by Marks; motion carried with all ayes, ~vcept for $chrag who voted no. 2.4 Consider approval of a resolution authorizing the city manager to sign an -- Interlocal Cooperation Agreement with Denton County for fire protection services (Morrison) Motion to approve as written- McCourry; seconded by Marks; motion carried with all ayes. 2.5 Consider approval of a resolution authorizing the city manager to sign an Interlocal Cooperation Agreement with Denton County for emergency medical services (Morrison) Motion to approve as written- McCourry; seconded by Marks; motion carried with all ayes. 2.6 Consider approval of an ordinance authorizing the city manager to sign an engineering services contract with Freese and Nichols, Inc. to conduct a vulnerability assessment of the water system (Scruggs) Motion to approve as written- McCourry; seconded by Marks; motion carried with all ayes. 2.7 Consider approval of council expenditures for November (Council) __ Motion to approve- McCourry; seconded by Marks; motion carried with all ayes. 2 December 15, 2003 2.8 Consider approval of a policy for speed control hump installation (Scruggs) This item was pulled for discussion by Council member Harris who thanked staff for modifying the policy. Motion to approve as written- Harris; seconded by Ward; motion carried with all ayes. 2.9 Consider acceptance and award bid and approval of an ordinance authorizing the city manager to enter into a contract with Jerusalem Corporation for repair work to streets constructed in the Phase IA bond program (Scruggs) Citizen Mike Lynch addressed council and suggested that warranty periods on streets repairs may need to be increased. City Engineer Gordon Scruggs explained to council that BCI Construction who did the work on these streets has gone bankrupt and that the city settled with the bonding company approximately one year ago to resolve the problems. Asst. City Manager Tony Johnston advised council that the negotiations resulted in a savings on the original contract of over $400,000 and that the repairs being needed now amount to $122,000. Motion to approve- Harris; seconded by Ward; motion carried with all ayes. 2.10 Consider approval of a change order to the engineering services contract for the Memorial Dr. project to incorporate the design of the eighth lane of Paige Rd. from SH 121 to Memorial (Scruggs) Motion to approve- McCourry; seconded by Marks; motion carried with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Public hearing and consideration of an ordinance amending the comprehensive zoning ordinance of the City of The Colony, Texas, as heretofore amended, amending Section 10-200 of Appendix A, entitled schedule of uses by district; amending Section 10-300 of Appendix A, entitled definitions and explanations applicable to use schedule (Persaud) Harry Persaud explained to council that the Tribute Golf Club is located on land that is currently zoned for agricultural use. Matthews Southwest asked for a zoning verification letter which brought this issue to light. Mayor Dillard opened the public hearing at 7:30 p.m. and with no one wishing to speak he closed the public hearing at 7:30p.m. Motion to approve- McCourry; seconded by Ward; motion carried with all ayes. 3.2 Discussion of and consider a request for approval of a Site Plan for Bank One, located on Lot 1, Block A, Collonade Addition, being a 1.339-acre tract situated in the T. Wilson Survey, Abstract No. 1352, located at the northwest corner of Blair Oaks Drive and SH 121, in the City of The Colony, Denton County, Texas. (2003-SP012)(Persaud) 3 December 15, 2003 Harry Persaud explained the location of the proposed Bank One. Council member Harris asked if traffic studies had been done to project future needs around the area. Mr. Persaud explained that during this transition period for the area's development it is unknown as yet what's needed. Mr. McCourry asked if the acceleration lane will be a future regular lane and Mr. Persaud advised yes. He told council the two stipulations recommended by P&Z were regarding the engineering plan approval and correction of an error on the site plan drawing that shows a control of access at Blair Oaks and SH121 intersection. Motion to approve with stated stipulations- $chrag; seconded by McCourry; motion carried with all ayes. 3.3 Consider approval of a resolution authorizing appointment to the Denton County Transportation Authority (Council) Council member McCourry made a nomination to appoint Femando Villareal to the Denton County Transportation Authority and explained his qualifications. Mr. Marks asked if anyone else had spoken with Mr. Villareal and none had. He stated he would like to visit with him before voting on this item. Mr. Harris asked if there was any conflict of interest since Mr. Villareal works for DART. Mr. McCourry advised there was no problem with him working for DART. Mayor Dillard stated that the council would be making any decisions on issues therefore the city's representative would have no authority. Mr. Marks asked if council could meet with Mr. Villareal. The city secretary will contact Mr. Villareal regarding a meeting with council. Motion to meet with Fernando Villareal prior to making any appointment to the DCTA- McCourry; seconded by Harris; motion carried with all ayes. 3.4 Discussion and consider approval of an ordinance amending Chapter 13, Article V, Alarm Systems, Sections 13-52, 13-54, 13-60 (Clark) Chief Clark explained this item to council. The city currently charges a one-time alarm permit fee of $35. This amendment would change the fee to an annual fee of $20. He explained this is in line with other cities. Mr. Harris asked if the city still responds to alarms even if there's no permit. Chief Clark advised the police will always respond, and that citations will be issued for residents who have no permit. He explained that when residents' current permits expire then the new changes will apply. Motion to approve-Harris; seconded by Marks; motion carried with all ayes. 3.5 Discussion and consideration of a proposed policy for the Telecommunications Board (Council/Switzer) Considerable discussion on this item between council members, Clark Switzer and city attorney Bob Hager resulted in the following motion: 4 December 13, 2003 Motion to dissolPe tile telecommunications board ordinance, direct staff to re-draft tie ordinance to reflect separation af adPisory posllions and Palunteers; fiat tie new ordinance siauld address tie pallcy issues tierefore no action on tiese l~roposed policies; tie new ordinance siould be ready to bring to council by tile February 2, 200d meeting- McCourry; seconded by Ward; motion carried witl all ayes except for Harris wlo voted no. Mr. Hager advised an ordinance repealing the current one must be approved prior to replacing with a new ordinance. 3.6 Consider appointments/reappointments to the following advisory boards: Cultural Arts Council member Bayliss nominated Carolyn Rapisarda, Neal Whitmore and Michael Smith as an alternate. All council members voted aye. Library Council member McCourr¥ recommended council re-appoint all four members whose terms are expiring. All council members voted aye. Those re-appointed members are Sandi Gehrke, Diana Kruzich, James Althaus, and Sue Parks. Planning and Zoning Council members voted as follows: Harris- Bill Harrison, Deville Hubbard, Duanc Sanders, Marlene Milsak Ward- Bill Harrison, Deville Hubbard, Marlene Milsak, Michael Barrett McCourry- Bill Harrison, Devill¢ Hubbard, Marlene Milsak, Michael Barrett Bayliss- Devill¢ Hubbard, Marlene Milsak, Michael Barrett, Rick Casterline Schrag- Bill Harrison, Deville Hubbard, Marlene Milsak, Rick Casterline Marks- Bill Harrison, Deville Hubbard, Duane Sanders, Marlene Milsak Dillard- Bill Harrison, Deville Hubbard, Michael Barrett, Rick Casterline Council member Perry Schrag made a motion to approve the four candidates with the highest number of nominations, and Council voted to accept those four, filling 2 vacancies and 2 expiring terms. Re-appointed were Bill Harrison and Deville Hubbard. New appointments- Marlene Milsak and Michael Barrett. Council member Harris made a motion to accept the resignation of Michael Barrett from the BOAA since he was appointed to the P&Z Commission. Council member McCourry seconded the motion. All council members voted aye. Board of Adjustment and Appeals With the appointment of Michael Barrett to the P&Z Commission, Council member Harris made a motion to move Gerald Odum from Alternate #1 to fill a regular position, filling the unexpired term of Michael Barrett, and he nominated Duane Sanders to fill the position of Alternate #1. His motion also included re-appointing Rob Bauman and Robert Poynter, and moving Mike Catt from Alternate #2 to fill the remaining vacant regular position. All council members voted aye. Community Development Corporation Council members voted as follows: Harris-John Sanders, Charles "Bunker" Hill, Don Beckel, Duane Sanders Ward- John Sanders, Richard Boyer, Charles "Bunker" Hill, Don Beckel McCourry- John Sanders, Richard Boyer, Charles "Bunker" Hill, Duane Sanders Bayliss- John Sanders, Richard Boyer, Charles "Bunker" Hill, Don Beckel Schrag- John Sanders, Richard Boyer, Charles "Bunker" Hill, Don Beckel Marks- John Sanders, Richard Boyer, Charles "Bunker" Hill, Don Beckel 5 December 15, 2003 Dillard- John Sanders, Richard Boyer, Charles "Bunker" Hill, Don Beckel All council members voted aye to re-appoint the four members with expiring terms (all having received the highest number of nominations)- John Sanders, Richard Boyer, Charles "Bunker" Hill, Don Beckel. Telecommunications Council member McCourry made a motion to table these appointments to no later than the first meeting in February. The motion was seconded by Council member Marks. All council members voted aye except Allen Harris who voted no. Parks and Recreation Council member McCourry made a motion for staff to bring back to Council an ordinance dissolving the Parks & Recreation Board and assigning those duties to the Community Development Board (4B) therefore no appointments would be made. The motion was seconded by Council member Marks. All council members voted aye. ~ EXECUTIVE SESSION Executive session began at 8:40 p.m. 4.1 A. City Council shall convene into a closed executive session pursuant to Section 551.074(a)(1) concerning personal matters pertaining to the appointments of alternate Municipal Court judges. B. City Council shall convene into a closed 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. C. City Council shall convene into a closed executive session pursuant to Section 551.074, Personnel, of the Texas Local Government Code, to discuss The Colony Economic Development Corporation hoard members. 4.2 Consideration of any appropriate action to be taken as a result of the Executive Session: A. Consider appointments of alternate Municipal Court judges. Council interviewed alternate judge nominees including Cynthia Porter, Kimberly Tucker, and G. Thayer Williamson. Motion to approve these appointments- Harris; seconded by McCourry; motion carried with all ayes. B. Discuss contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. No action on this item. C. Discuss The Colony Economic Development Corporation board members. This item not discussed. 6 December 15, 2003 Executive Session ended at 10:00 p.m. And with no further business to address the meeting was adjourned at 10:02 p.m. APPROVED: ohn Dillard, Mayor - ATTEST: Christie Wilson, Deputy City Secretary 7