HomeMy WebLinkAbout05/03/2004 City Council
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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.
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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
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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.
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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.
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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:
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ATTEST:
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Christie Wilson, TRMC, City Secretary
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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:
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J DIllard, Mayor
ATTEST:
~uJác~
ity Secretary
I