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HomeMy WebLinkAbout05/03/2004 City Council 00798B May 3, 2004 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 3, 2004 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 3rd day of May 2004, 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-tern Present Lynda Bayliss Councilmember 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 - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations- National Police Week May 9-15- Presented to Officer Mark Phillips. Officer Chuck Wood introduces the Police Explorers who were in attendance. Municipal Clerks Week May 2-8- Presented to Christie Wilson Recognizing Parks & Recreation Department- Presented to David Swain and Donna Lipscomb of the Colony Youth Football Association. Presentation ofthe Jonita Harris Communitv Scholarship- Councilmember Allen Harris Presented this award to Christyn Mullen. Citizen Input- Mike Lynch addressed the council concerning questions he has about Memorial Drive. He stated no specifics but did suggest the council plan a "walk around" to view the construction. Wynde Robinson told the council of a situation involving a student being assaulted. She believes there is the possibility of gang activity in The Colony and has organized a meeting for May 6, 2004 at 5151 North Colony Blvd. to meet with parents and students. . Announcement of upcoming civic events and activities 1_ The Mayor announced a public hearing scheduled for May 18 regarding proposed fire station locations, and a special meeting on May 10, 2004 concerning capital projects. He also reminded everyone of early voting for the county bond and school trustee elections. He asked City Manager Dale Cheatham to look into having a "walk around" of Memorial in the next 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 007989 May 3, 2004 two weeks. Mayor Dillard also recognized the JROTC for their recent accomplishments in orienteering competition. 12.01 CONSENT AGENDA I 2.1 Consider approval of the minutes of the council meetings held April 19 and April 26, 2004 (Wilson) Councilmember Harris asked that an addition be made to the minutes to include that he participated in the meeting via teleconferencing. With this change, item 2.1 was then left for approval without further discussion. 2.2 Consider approval of a resolution of the City Council appointing Christie Wilson as City Secretary and authorizing the Mayor to execute an employment agreement (Council) 2.6 Consider approval of a resolution dissolving the Denton County Development District No.5 (McCourry) Motion to approve the above consent agenda items- Harris; second by Ward; motion passed with all ayes. The following items were pulled for discussion by Councilmember McCourry. 2.3 Consider approval of a resolution authorizing a change order to the engineering services contract for the Hawaiian Falls Water Park Phase I and Phase II infrastructure (Scruggs) Assistant City Manager Tony Johnston explained that the city finally received the -- right-of-way for the eighth lane of Paige Road, and that with the reconfiguring of the lanes a change in the traffic signal is required. Motion to approve- McCourry; second by Bayliss; motion passed with all ayes. 2.4 Consider approval of a resolution authorizing a contract for professional engineering services to conduct a study to evaluate the routing of wastewater from Austin Ranch to the Stewart Creek Treatment Plant (Scruggs) City Engineer Gordon Scruggs clarified to council this item is for a routing study to determine the shortest possible route for wastewater from Austin Ranch, and that no equipment purchase is involved. Motion to approve- McCourry; second by Schrag; motion passed with all ayes. 2.5 Consider approval of an ordinance amending Chapter 19 Traffic, Subsection 19-14 of the Code of Ordinances restricting vehicle weight limits on streets in the Eastvale subdivision and allowing certain overweight vehicles with a city permit (Scruggs) Councilmember McCourry expressed his concern that some city trucks could - exceed the weight limits. Gordon Scruggs explained that the weight limits actually increased from the current ordinance and that city trucks will be in compliance, as well as garbage trucks. He also explained the permit fee for builders, concrete trucks, etc. that could exceed the limits. The $75 fee covers a 2 007990 May 3, 2004 review of proposed routes, and each permit will also include a bond or letter of credit to cover any damages that might occur. City Attorney Bob Hager clarified that if the coverage was not sufficient for any damage, then the city could file suit to recover repair costs. It was noted the ordinance does not go into effect for thirty days in order to notify builders who are currently doing jobs here so they can comply with the requirements. 13.0 1 REGULAR AGENDA ITEMS 1 Item 3.1 was pulled from the agenda by the Mayor and was not addressed at this time. No citizen input was received. 3.1 Discuss and consider approval of a resolution authorizing a contract for professional engineering services to design an Aquifer Storage Recovery (ASR) Water Supply Well at Wynnwood Peninsula (Scruggs) 3.2 Discuss and consider approval of a site plan located at Lot 1, Block 1, Thomas Agency Addition, North side of South Colony Boulevard and West of and abutting Good Shepard Lutheran Church (Persaud) Planning Director Harry Persaud explained the site plan to the council and added that Planning and Zoning had approved it with six stipulations, numbers two through six having already been met. Stipulation number one still needed to be met. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.3 Discuss and consider approval of an ordinance amending Chapter 10, Article III ofthe Code of Ordinances, Food and Food Establishments (Persaud) Harry Persaud explained to council this new ordinance repeals the wording in the existing ordinance and is written to adopt the Texas Food and Food Establishment Rules. Health Inspector Cynthia Talbot explained that any new changes implemented by the State will automatically be covered the way the new ordinance is written. She confirmed that any mobile food vendors will be covered with the same standards as other commercial food establishments. The State passed these rules in 1999 thus all the local food establishments are already in compliance. Motion to approve- Schrag; second by McCourry; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution awarding contract to Phelps- Woods Architects to design civic building and seek direction from Council on process to be used to work with architect (Nelson) Pam Nelson explained to council this architectural contract is to design the first phase of a civic center facility at Five Star East and briefly explained the conceptual floor plan, noting that it can change following award of the contract. A budget estimate for Phase I is 1.5 million. She asked council for direction on how to proceed. 3 007991 May 3, 2004 Citizen Mike Lynch questioned the dollar amounts estimated, as well as several other aspects of the plan. He suggested the council purchase a block of hours of .- the architect and see what he and the committee can come up with as far as a plan. He stated he's also in favor of possibly expanding the project to a larger building and building all at once, rather than in two phases. He asked council to table this item for two weeks in order to gain a more organized approach. Pam Nelson responded to Mr. Lynch's concern over the cost of the architect, noting that the cost of the architectural contract is actually 9 percent of the construction costs, so the amount could change. Councilmember Schrag stated he was uncomfortable with spending money on this project right now, given the extent of other projects (space needed for Fleet Services, sewer issues with North Texas Municipal Water District, fire protection, storm drainage utility and the unknown costs, general infrastructure in Austin Ranch, Wynnwood and the Global Development Fund land, and particularly the roads in Place 5), and due to a proj ected reduction of revenue growth, from double digit to single digit. He said council should focus on road repairs (and needed infrastructure.) Motion to table this item to May I1h - Schrag; second by Marks; Councilmember Ward asked if the architectural costs were capped and Pam advised any changes would be accordance with the bid. Councilmember Harris advised he had some issues with the internal preliminary design and asked for an - appointment of a committee before hiring an architect. Mayor Dillard asked Councilmember McCourry to review who was on the original committee and suggested that committee be kept in tact but add Allen Harris to it. Councilmember McCourry asked if Councilmember Schrag would modify his motion since it is a two-part issue. City Attorney Bob Hager advised two motions on one agenda item could be made. All council voted aye except McCourry who voted no. A second motion was made by McCourry to keep the committee in tact and add Allen Harris; second by Schrag; motion carried with all ayes. Council adiourned at 8:20 p.m. to Executive Session- Mayor Dillard announced that 4.1 B. would not be addressed. @] EXECUTIVE SESSION I 4.1 A. City Council shall convene into a closed Executive Session as authorized by Section 551.074 of the Local Government Code regarding personnel, to wit: Deliberate concerning the employment agreement for City Secretary. 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. Reconvened to open session 9:10 p.m. 4 007882 May 3, 2004 4.2 A. Any action regarding the employment contract for City Secretary. Motion to authorize the Mayor to sign and execute the contract with the stipulations and changes noted in Executive Session-McCourry; second by Harris; motion passed with all ayes. B. Any action regarding the contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. This item not addressed. And with no further business to address the meeting was adjourned at 9: 11 p.m. APPROVED: )2)\ ATTEST: (!Lyj-~ W~/YV Christie Wilson, TRMC, City Secretary 5 October 4, 2004 I The approved minutes for the City Council meeting held May 3,2004 shall be amended in red as follows: Item 2.5 Consider approval of an ordinance amending Chapter 19 Traffic, Subsection 19-14 of the Code of Ordinances restricting vehicle weight limits on streets in the Eastvale subdivision and allowing certain overweight vehicles with a city permit (Scruggs) Motion to approve- McCourry; second by Marks; motion passed with all ayes except for Dillard who voted no. This amendment to the May 3,2004 City Council meeting minutes adding the motion as stated and the vote is hereby authorized by Council approval this 4th day of October, 2004. APPROVED: I ~ BJQ3 J DIllard, Mayor ATTEST: ~uJác~ ity Secretary I