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HomeMy WebLinkAbout05/17/2004 City Council 0079u6 May 17, 2004 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 17, 2004 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 17th 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-tem Present (arrived 7:25) Lynda Bayliss Councilmember 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: I1'0 ~ROUTINEPROCLAMATIONS ANNOUNCEMENTS,: RECOGNITIONS l Call to Order Invocation - Fire Chief Van Morrison Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- National Public Works Week May 19-24, 2004 Presented to Public Works Director Ken Leverich Citizen Input- (More detail has been provided for Council's information.) Wynde Robinson-Told Council that she presently has about 30 kids coming to her home after school and she has provided some guest speakers. She has organized a cleanup of trash and graffiti. She asked what programs the city has to help keep the kids moving in a positive direction. There are issues with gangs and wants the city to work with the school district to establish a hot line. She suggested that a "wall" be established to allow kids to express themselves rather than tagging fences. She also is in support ora speed bump on Augusta. Mary Anne Burgan- Told Council her son as been the victim of school violence for the past three years and has changed schools several times. She said she has gotten no help from LISD. She wants the city to check out what is going on, and that there should be zero tolerance in the schools. Short suspensions are just vacations. She also told of a recent incident at Lakeview Middle School where after school, in the presence of a police officer, a group of students crossed the street in fi'ont of moving cars. She said the police officer didn't say or do anything about it. Brenda Schultz- Said she has seen a decline over the past three years o£ the city being a family oriented environment and asked the Council to address the issues of activities for kids. 0079 7 May 17, 2004 Donald Brody- Told Council North Colony at the intersection of Keys needed some repairs on the westbound side (street is breaking up.) Christi Martin- Told Council that she supports an arts building for student activities after school and mentioned this was a previous bond issue that has not materialized. Mike Lynch- Thanked those who participated in the "walk around" on Memorial Drive (at Blair Oaks) last Thursday. He said that hopefully some of the areas pointed out will be addressed to avoid future money being spent. He also advised Council that school bus drivers always report information about student violence and that police response has been good. Pastor S. Blackwell- Told Council two years ago she opened a Christian club for teenagers that had approximately 150-200 attending on weekends. She said that they experienced harassment by some police and spoke to a police captain about the situation. Some of the younger police officers started coming to the center and the situation improved some but that they eventually had to close the center. She said that there is a lack of activities for teenagers and requested Council help with a location for youth to meet. Announcement of upcoming civic events and activities ~ Perry Schrag- June 1st Place 5 town hall meeting at city hall, 7 p.m. Elise Knox announced the grand opening of the Aquatic Park's Spray Park on May 22nd at 10 a.m. Mayor Dillard reminded everyone of the grand opening of Hawaiian Falls coming up on May 31st. It will be an partial opening; all the attractions will not be competed. He also announced the public hearing for fire station locations scheduled for May 18th at city hall. Council member McCourry announced the middle schools Spring Concert going on at the High School tonight. ~SENT AGENDA 2.3 Consider approval of a resolution authorizing a legal services agreement with Thomson, Coe, Cousins & Irons, LLP to assist the City in acquiring easements for proposed water and wastewater utility lines from Wynnwood Peninsula to the central city (Scruggs) 2.4 Consider approval of a resolution authorizing a construction services final change order with Jerusalem Corporation for a reduction of $50,665.75 to the 1999 Thoroughfare Bond Program Phase IA Street Repairs (Scruggs) 2.5 Consider approval of a resolution authorizing an Engineering Services contract for design of upgraded chlorination facilities for all three water supply well sites (Scruggs) 2.7 Consider approval of a resolution authorizing the appointment of Joel Marks to the Metrocrest Medical Foundation (Dillard) 2.9 Consider approval of council expenditures for the month of April (Council) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 00?998 May 17, 2004 2.10 Consider approval of a resolution authorizing a Temporary Sewer Service Agreement with North Texas Municipal Water District for Austin Ranch (Cheatham) 2.11 Consider approval of a resolution authorizing reservations fees for use of park pavilions (Nelson) 2.12 Consider approval of a resolution authorizing the city manager to execute a renewal agreement with SBC Global Services, Inc. for city telephone and data services (Koo) Motion to approve the above consent agenda items- Schrag; second by Bayliss; motion passed with all ayes. Item 2.1 was pulled from the consent agenda by Council member Schrag who asked that more detail of his comments on item 3.4 of the Ma,/3rd minutes be included. 2.1 Consider approval of the minutes of the council meetings held May 3 and May 10, 2004 (Wilson) Motion to approve item 2.1 with the stipulation that they be amended to include his comments on item 3.4 of May 3rd' $chrag; second by McCourry; motion passed with all ayes. Item 2.2 was pulled from the consent agenda by Council member Harris who wanted more explanation of this item for the citizens. 2.2 Consider approval of a resolution authorizing an Engineering Services contract for design of improvements to increase the capacity of the Stewart Creek Wastewater Treatment Plant from 3.4 to 4.5 million gallons per day with nitrification (Scruggs) City Engineer Gordon Scmggs told council the city will be treating our own wastewater. This item is for the initial stage of an expansion of the Stewart Creek Wastewater Treatment Plant and should take care of approximately the next six years. Then the plant will be expanded to handle seven million gallons per day. The city is facing potential fines from TCEQ if we don't lower the existing nitrification levels. Phase one should be competed by December 2005. Council member McCourry asked if 4.5 million gallons is enough for Wyunwood and Austin Ranch. Gordon advised if not then the six-year window is enough time to make adjustments in future planning and construction if necessary. Mr. Scmggs advised Council that the cost of construction of 10.3 million dollars. Motion to approve- Harris; second by Ward; motion passed with all ayes. Item 2.6 was pulled from the consent agenda by Council member Harris who asked for more explanation for the citizens concerning these monitoring wells and the locations. 2.6 Consider issuance of a Well Drilling Permit to install monitoring wells and geo-probe borings for environmental monitoring of Hi-Tech Cleaners in the shopping center at the northwest corner of Main and North Colony (Scruggs) 007999 May 17, 2004 Gordon Scmggs explained that an area dry cleaning company had contaminated - the ground and this is the method of determining the extent of the contamination. He said the monitoring wells will be installed in an alleyway and will appear similar to a water valve in the street that cars can drive over. The installation and monitoring have to follow TCEQ regulations as well as meet city standards. There will be no cost to the city except to monitor the installation of the wells and removal. Motion to approve- Harris; second by McCourry; motion passed with all ayes. Item 2.8 was pulled from the consent agenda by Council member Ward who asked if this rate increase would also result in better customer service (not driving over comers of yards at the alleyways). 2.8 Consider approval of a resolution authorizing a rate increase for IESI solid waste disposal (Gilman) Public Works Director Ken Leverich introduced Mr. Mike Wilson of IESI who advised Council that supervisors monitor the daily activities and complaints. He said that they can't guarantee perfection but advised they are responsive and fix their mistakes. He advised there is a direct phone number citizens can call if they have situations such as trucks driving over comers of alleyways (469 452-8000). Motion to approve- Ward; second by Bayliss; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Public hearing to consider prohibiting parking on the south side of Arbor Glen from Paige to Blair Oaks (Council) Mayor Dillard opened the public hearing at 7:50 p.m. Council member Harris advised the reason for this item being on the agenda. He stated that Arbor Glen has become a major thoroughfare during rash hour traffic. He advised the South Colony construction and the school students parking on that street contribute to the problem. He is concerned about emergency vehicles not being able to pass through if necessary due to the narrowness of the street with cars parked on both sides. The following citizens addressed the council with their concerns: Keven Stephenson, Patrick Clough, Charles Jarrett, Charles King, Carla King, Oma King, Bobby Hoskins, Sherd Wallace, Danna Fears, Richard Fears, and Sandra Holmes. None of these individuals were in favor of prohibiting parking and some suggested finding other alternatives. Mike Lynch made several comments about the street width and parking, and suggested if any restrictions are made on the parking that it be similar to mail box parking, between the hours of 9a.m.- 6p.m. __ David Yarberry stated he lives on Blue Glen and wanted it known that Arbor Glen is an access for the people who live on Blue Glen and they are forced to drive down it. Many stated other complaints regarding the students in the area. Council member Marks stated if there is a loitering issue then citizens should call the police department, and he questioned which council member(s) requested this agenda item. He added that the fire and police departments are aware of how to get around for emergencies. He stated he is against prohibiting the parking- other streets in town are just as bad. Public hearing was closed at 8:20 p.m. Council member McCourry added that the reason for the public hearing is to allow citizens' input so Council will know how they feel on this subject, and to help residents deal with the problem and find a solution. 3.2 Discuss and consider approval of the sale of alcoholic beverages by restaurant members of the Colony Chamber of Commerce at the July 4th Liberty by The Lake festival (Nelson) Citizen David Bayliss advised Council that he represented the Chamber of Commerce as the Special Events Coordinator. He said there would be a Business Expo at Liberty by The Lake and that restaurants that are chamber members would like to sell food and hopefully alcohol. He added that chamber members will help as volunteers that day as they become available. Parks Director Pam Nelson told the Council that this proposal included a commission paid to the city. She also added that JT's, who have an exclusive contract with the city for concessions in the park, have requested they also receive compensation due to loss of potential revenue that day. Council member Harris said he is opposed to this- that the July 4th event is already a successful family event without any alcohol sales. He believed it would cause an increased liability for the city. Council member McCourry said that emergency services will already be stretched that day, and that the July 4th program is already a good one. Council member Marks asked Police Chief Joe Clark his opinion. He said the costs of police personnel for the day will come from the general fund and that he believed alcohol sales will increase the amount of personnel needed. It was clarified that it is already allowable for individuals to bring their own alcohol into the park. Motion to approve- Marks More discussion followed regagding the sales loss that JT's could experience. City Attorney Bob Hager advised that no decision regarding JT's had to be made. He added that from a legal perspective he would rather the city accept a donation from the chamber and that it should not be linked to sales. Mayor Dillard stated he would like to postpone this item. 2004 Council member Marks withdrew his motion to approve. He stated he is concerned with what the city's responsibility of what goes on in the park. City Attorney Bob Hager told council they can pass this item but it may create a conflict with JT's. Mayor Dillard said all parties need to meet and discuss the issues. Motion to table this item for further information; Marks; second by McCourry; motion passed with the following vote: Dillard-yes Harris- no }Yard-yes Mc¢ourry- yes Bayliss- abstain $ch rag- yes Marks- yes 3.3 Discuss and consider approval of a resolution authorizing an Engineering Services contract for evaluation of erosion problems and developing a conceptual master plan for drainage improvements for erosion mitigation throughout Eastvale subdivision (Scruggs) Gordon Scruggs advised this area will need some erosion control in the next 3-5 years. Council member McCourry asked if the ability of homeowners to mow in -- the drainage area will be improved. Mr. Scruggs advised the ability to work on the stream is limited and that the vegetation helps slow down the erosion. This item is to approve only a study of the issue and develop a plan. Council member Bayliss asked if the newly constructed roads have worsened the erosion problem and Mr. Scruggs advised that the volume of water has increased with the additional drainage. Motion to approve- McCourry; second by Bayliss; motion passed with all ayes. 3.4 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) Gordon Scruggs introduced Andrew Christian Howley, Director of Water Prospecting & Resource Consulting, who made a presentation to council. He explained the ASR system, and advised this is a way to store potable water purchased from Dallas Water Utilities. This would help stabilize the demand/usage during the peak summer periods. He reviewed the aquifer system where the city would install the well. Council member Schrag asked about other people tapping into our stored water. Mr. Howling advised that due to the depth of the well that would likely not be an issue but could be controlled by an __ ordinance. Mr. Howley also clarified that there would be one pump with two separate functions (pumping water into the well to store it then out as needed). O08002 Council member McCourry asked if the feasibility study would include "the Woodbine" and Mr. Howley advised yes, but not a lot of time would be invested in it unless it looked promising that the well would not have to go deeper. It was determined that the well could be built and add the ASR system later. Gordon said the pipeline would be built later, after the completion of the well. Assistant City Manager Tony Johnston explained to Council that the city is trying to establish a good system for water management for the future. Mr. Howley added that to do the study only would take approximately two months. Citizen Mike Lynch asked about water loss during the transfer process, the permit for an ASR, and the engineering costs. Andrew replied there should be no water loss, that the permit issuance should be no problem, and that the engineering study cost is higher than for a regular well due to the necessity of engineers being on-site continually during the project. Motion to approve the feasibility study only- McCourry; second by $chrag; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing a design services contract for park and trail development in Austin Ranch (Nelson) Parks Director Pam Nelson explained to Council this project is a city park consisting of an irrigated, multi-purpose playing field and a trail that would connect the Austin Ranch development to the park and to Plano's trail system to the east. Funding for the park is available through the park dedication fees paid by Billingsley's, of which there is approximately $400,000.00 left. She added that the field will be located under some Oncor power lines so the type of irrigation system is not determined yet. Council member Harris asked who will be responsible for the maintenance, management and watering of the park and Ms. Nelson advised since it is a city park, the city will be responsible. Council member Ward questioned whether there was a parking lot for the field and Ms. Nelson advised it would be thc residential parking already in place. Motion to approve- Harris; second by Marks; motion passed with all ayes except for Ward who voted no. Mayor Dillard announced a recess at 9:50 p.m. and to resume the meeting at 10:00 p.m. 3.6 Discuss and consider approval of a resolution awarding contract to Phelps- Woods Architects to design civic building and other items related to a civic building (Nelson) The following citizens addressed the Council on thc Civic Building issue: Neal Whitmore- Mentioned the economic impact of having a civic center. Mark Palmer- Need permanent home for theater and good people running it. 008093 May 17, 2004 Christi Martin- Project was supposed to be funded 2 years ago. She asked what happened to the money. Mike Lynch- No seats, no kitchen and not enough money; should go ahead and build facility similar to Decatur's (large enough in the first place). Sue Walden- Wants a "civic" center; the current plans are not for a civic center; 8k square feet is not large enough. Council member Harris explained that there is only $900,000 available for the building. Council member Bayliss said there won't ever be a good time and feels the committee should go back and re-plan the $940,000. She asked the Council if there is support for spending this money on a facility. Mayor Dillard said the city needs to decide a course of action and go with it. City Manager Dale Cheatham addressed the question of the money that was set aside two years ago for building renovations. Renovations of the old library and the police department used 2.1 million, leaving $940,000. Council member Ward asked what kind of expense reduction would there be if an alternate location is used. Art Phelps estimated 30- 35%. Motion to allow $1,000,000.00 towards a multi-functional civic center and have the committee make recommendations- Bayliss Attorney Bob Hager reminded Council that the contract presented is not being approved and will have to be brought forth to council revised. Motion was seconded by }Vard; motion passed with all council voting aye except Schrag and Marks who voted no. Council member Marks asked if this dollar amount includes the design contract as well as construction and Dale Cheatham advised yes. Council adjourned to Executive Session at 10:47 p.m. ~ EXECUTIVE SESSION 4.1 A. 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. B. City Council shall convene into a closed Executive Session as authorized by Section $51.074 of the Local Government Code regarding personnel, to wit: Public Services Director. Council reconvened to Regular Session at 11:35 p.m. 4.2 Consideration of any appropriate action to be taken as a result of the Executive Session. May 17, 2004 A. Contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. The following motion was made by Council member Harris: "I move to authorize the city manager to execute an ~4greement(s) by and between the City of The Colony, City of Frisco, and North Texas Municipal Water District to refund payments previously made under a contract for wastewater treatment between said parties; and, to provide for relinquishment of financial obligations under said agreement for future operation /maintenance costs and prevent further issuance of bonds under said ~4greement; and, to provide in the event of refunding of the bond obligations for the Stewart Creek West Wastewater System prior to the end of such ~4greement, for the City of The Colony to be provided a full release under said contract." Motion was seconded by Ward; motion passed with ayes. B. Public Services Director No action on this item. And with no further business to discuss the meeting was adjourned at 11:37 p.m. APPROVED: AT~EST: ? Christie Wilson, TRMC, City Secretary