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HomeMy WebLinkAbout10/04/2004 City Council 0080GC' October 4, 2004 MINUTES OF REGULAR SESSION OF COUNCIL I HELD ON OCTOBER 4, 2004 Prior to the regular session being called to order Mayor Dillard read a prepared statement regarding the City's position on S.H. 121 as follows: "STATE HIGHWAY 121 There have been a lot of questions concerning making State Highway 121 a toll road. The Colony City Council voted at their September 13, 2004 regular City Conncil meeting to concur with the decision to construct State Highway 121 as an electronic toll facility. However, that is only part of the story. The City of The Colony was approached by the Texas Department Of Transportation (TXDOT) and North Texas Conncil of Governments (NTCOG) earlier this year. The indication at that point in time was that they desired to make SH 121 a toll road. One of the first things the City did was contract with an attorney that specializes in transportation issues to see if The Colony could prevent SH 121 from becoming a toll road. The attorney indicated The Colony could not prevent the tolling of State Highway 121 and that the State actually had multiple legal options to convert SH 121 to a toll road. The passage of Bill 3588 by the State Legislature created the tolling opportunity. I About six years ago The Colony along with Denton County and four other cities provided a financial commitment to hasten the reconstruction of SH 121. As a result of this commitment, TXDOT and the NTCOG were willing to give The Colony and others that participated early on more of a voice in the process. If The Colony voted against the SH 121 toll way initiative, there is a possibility that no tolls would be located in The Colony. However, we would have lost about $50 million in projects, the decision has already been made for other sections of SH 121 to be tolled which will impact The Colony residents when they leave the city, and The Colony could not prevent any portion of SH 121 from eventnally becoming a toll road. The Colony representatives tried to maximize the benefits to the city given the circumstances. Additionally, frontage roads will not be tolled giving all commuters the option of paying to drive on SH 121 or drive on the frontage roads at no cost. At the time of this writing, a Memorandum of Understanding was being drafted to identify the funds to be reallocated. Detailed in this Memorandum of Understanding are nearly $50 million in projects that the City Council and Denton County Commissioners are requesting within our city limits. These projects include: · FM 423 road construction (widening to six lanes with dividers) including 10% ROWand the city's share of utility relocation costs · Three sections of Memorial Drive from Blair Oaks to Navaho · South Colony Boulevard extension from Memorial Drive to SH 121 · Reconstruction of Paige Road from South Colouy Boulevard to North Colony Boulevard · Refuud of The Colouy's State Infrastructure Bank loan expeuditures I To summarize, the City was told it could uot legally prevent SH 121 from becomiug a toll road, The Colony citizeus would likely have to pay tolls on other sectious of SH 121 eveu if the section iu The Colouy was uot tolled, aud The Colony stood to lose close to $50 million in projects if it didn't concur with the decision to make SH 121 a toll road." I o n Q !) C] ~ .' <.' '. \.' -- October 4, 2004 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 4th day of October 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 council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation- Tate Kesner Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations - Chamber of Commerce Week- Mayor presented to Tate Kesner, Chair of the Chamber of Commerce. Citizen Input- Jeff Scoggin- read a prepared statement against S.H. 121 toll road. Sharon Bell- read a prepared statement against S.H. 121 toll road. Asked council to revote regarding this issue. Shelly Felton- asked council to contact Governor Perry and advise him that the council vote regarding S.H. 121 was done under duress; is disappointed in the way the issue was handled. Gary Dickson- spoke against the toll road and asked the council to contact the legislature and ask them to reconsider their vote; said if the tolls were for a fixed period of time it would be okay instead of them being indefinite to pay for other roads. Announcement of upcoming civic events and activities 1_ Councilmember Harris announced that all council members are participating in a show at the Senior Center, which will be held on October 16, 2004 at 7 p.m. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meeting held September 13, 2004 (Wilson) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 2 OOSOS2 October 4, 2004 2.2 Consider approval of council expenditures for the month of August (Council) I 2.3 Consider approval of a resolution adopting the amendments to the investment policy (Johnston) 2.4 Consider approval of a resolution adopting the amendments to the financial management and debt management policies (Johnston) 2.5 Consider approval of annual pre-payment for three council members' attendance at monthly Chamber of Commerce luncheons (Wilson) 2.6 Consider approval of amending previously approved minutes of two city council meetings to add motions and votes on two agenda items (Wilson) (See Exhibits A & B) 2.7 Consider approval of a resolution authorizing the city manager to sign an engineering services contract for the final design of the Wynnwood water system improvements (Scruggs) 2.8 Consider approval to reject construction contract bid for improvements at the wastewater treatment plant (Scruggs) Motion to approve the above consent agenda items- Schrag; second by Harris; motion passed with ayes. Councilmember Marks pulled item 2.9 from the consent agenda for discussion. 2.9 Consider approval of a resolution in support of accelerating improvements of FM 423 (Dillard) I Councilmember Marks questioned, that due to recent concerns by citizens over the S.H. 121 issue, should the council approve this resolution. He confirmed that the Memorandum of Understanding includes the funding for F.M. 423 and made a motion to postpone consideration of this resolution to the next meeting. The motion failed for lack of a second. Mayor Dillard read the caption of the resolution as follows: "A RESOLUTION EXPRESSING THE INTENT OF THE GOVERNING BODY OF THE CITY OF THE COLONY THAT FOR PUBLIC SAFETY, AIR QUALITY AND REGIONAL MOBILITY REASONS, FARM TO MARKET ROAD 423, A REGIONAL ARTERIAL OF THE METROPOLITAN TRANSPORTATION SYSTEM IN THE DALLAS FORT WORTH METROPOLITAN AREA, FROM A SOUTHERN TERMINUS OF STATE HIGHWAY 121 TO A NORTHERN TERMINUS OF U.S. 380, BE ACKNOWLEDGED AS A CRITICAL REGIONAL PROJECT AND BE PRIORITIZED FOR ACCELERATED COMPLETION" and Section 4 as follows: "SECTION 4. COMMENDATION I The governing body of the City of The Colony does hereby officially recognize and commend the Honorable Sandy Jacobs, County Commissioner, Precinct 2, for achieving major transportation projects for the county and particularly for her 3 DOBUS3 October 4, 2004 efforts to encourage, facilitate and implement, through the combination of federal, state and county funding, measures which will permit the completion of the capacity enhancements to the southern segment ofFM 423 in a timely fashion and allow it to be opened to traffic consistent with the projected completion of the northern segment of FM 423 and coordinated with other regional arterial improvements. " Mayor Dillard thanked Commissioner Sandy Jacobs for her efforts regarding the transportation issues of The Colony. Councilmember Marks asked if the council re-voted on the resolution concurring with the S.H. 121 tolling, would the project come to a halt, and how much funding for F.M. 423 will come from the county. Commissioner Jacobs explained the county funding for these road projects will depend on the RTC vote on the project on October 14, 2004. If they vote in favor then there is county funding that would match state funds and some RTC and TxDot funds. If RTC does not vote in favor then the upgrade to F.M. 423 would likely not happen [anytime soon]. She added the county has 18.25 million for F.M. 423. Councilmember Schrag stated when council approved the resolution on September 13th it was contingent on the Memorandum of Understanding being approved, and if it is not, then this resolution [for accelerating F.M. 423] will not be in effect. Councilmember Harris advised this resolution does not commit any city funds for accelerating the improvements to F.M. 423, but only recommends prioritization of the advanced planning. Motion to approve-Harris; second by McCourry; motion passed with all ayes except for Marks who voted no. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Receive a summary report on Wynnwood Development and discuss and consider approval of a resolution concerning the timing of Boyd Road (Dillard) Jack Matthews of Matthews Southwest reviewed the planned development of Wynnwood Peninsula. He stated that, though final plans are not complete yet, an additional eighteen-hole golf course is planned, plus a hotel, various types of housing and lots, and retail development. Mr. Matthews added that the Boyd Road improvements are very important to the development's progress. The average cost of a home is estimated at $400,000.00. Mr. Matthews added that he has been approached to sell the development however, he has no desire to do so. Mr. Matthews said that they have approval from the Corps of Engineers for a marina but will have to determine the location, and that there is approximately 600 acres of green space throughout the development. Also, there is a site reserved for an elementary school that will be in the Little Elm School District. If the county can begin funding for Boyd Road, the housing should start to develop in about eighteen months, according to Mr. Matthews. Mayor Dillard read aloud a letter received from the Little Elm School District in support of the Boyd Road project. 4 OUßI)(34< October 4, 2004 I Commissioner Sandy Jacobs stated to the council that it is unusual for the county to support a project of this type [Boyd Road], but the project is anticipated to bring in one and one-half to two billion dollars to the county. Funding totaling eight million dollars is available from two county bond elections to do the improvements. She said if the City of The Colony is satisfied and supports the project she will make the recommendation to the county commissioners court to go forward. She added there is one right of way issue still pending but hopes to have that resolved soon. Motion to approve resolution- Harris; second by Ward; motion passed with all ayes. 3.2 Receive presentation of the Preliminary Feasibility Study for the proposed Aquifer Storage Recovery Wen at Wynnwood Peninsula and provide direction to staff (Scruggs) Assistant City Manager Tony Johnston explained the impact of volume versus demand costs, and the resulting additional costs the city sometimes incurs from Dallas Water Utilities. He stated the main objective to the ASR well is to store unneeded water that we are already purchasing to take advantage of the demand charges, and have extra reserves for the future. I Steve Riedl of Chiang, Petal & Yerby, who developed the city's water system master plan, introduced Mr. Andrew Chastian with Water Prospecting & Resource Consulting, who presented the results of the Feasibility Study. He stated it appears feasible for an ASR wen, and briefly reviewed the proposed schedule for construction, adding that the Twin Mountain Aquifer will like be the one used for water storage. Any water pumped out of the ASR will come back through the city's system and not directly to the developed areas of Wynnwood. He stated that there are sixty-nine other ASR wells around the country and it is guaranteed to work. Councilmember Perry Schrag stated he is in favor of this type system, particularly because the cost of storing water will be much less than building storage tanks. Councilmember Bayliss raised the question of whether the aquifers have to be full before actually pumping water out, to which Mr. Chastian replied no, that can be done at any point. Regarding structures needed at the site, it was noted that the only structures will be the well, pump station, a ground storage tank, and an above ground storage tank upon completion ofthe project. Tony Johnston told the council that within a few years the use of a SCADA system for regulating water pressure demands will be in place. Motion to accept the Feasibility Study- McCourry; second by Bayliss; motion passed with all ayes. I 5 00.80"\[=) October 4, 2004 3.3 Discuss and consider approval of a resolution authorizing the city manager to sign an architectural contract for a proposed fire station and provide direction to staff regarding construction management (Nolen) Fire Chief Mike Nolen briefly reviewed this agenda item, asking for council direction regarding proceeding with the architectural contract and construction management of the proposed new fire station. He advised the design plan should take six or seven months, and if construction was started soon thereafter, they could occupy the building around June of 2006. Several council members voiced concerns over the staffing needs of another fire station, and whether the city should have the design drawn up without a definite plan to build soon after. City Manager Dale Cheatham told the council that staffing and operations are the main things he is concerned about, but that funds to build were available. He told the council the design could be done now and hold off on construction, or wait on the design as well. Councilmember McCourry asked about the time frame for putting a fue station at Austin Ranch and Chief Nolen said it is expected to be needed around January of 2008, depending upon the population. Councilmember Bayliss said she is concerned about a new council making changes next year, and suggested the city wait until after the May 2005 election. Councilmember Schrag agreed they should wait. Mayor Dillard suggested to Chief Nolen that he bring this item back to council in six months. Item failed for lack of a motion. 3.4 Discuss and consider approval of an ordinance amending Chapter 6 Article II of the Code of Ordinances regarding signs (Persaud) Harry Persaud reviewed the changes included in the revised ordinance, stating that nine items were addressed. He added the sections have been restructured to make the ordinance more user friendly. The ordinance presented had a change after the agenda packet was prepared and Mr. Persaud explained that to the council. Under the sections concerning political signs, the maximum effective sign area should be six feet rather than three. During council discussion it was decided that regarding personal property sale signs, the limitation of one sign off-premise in the front yard of a dwelling would be removed. Motion to approve as amended- Harris; second by Bayliss; motion passed with all ayes. I 4.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Local Government Code to consult with the city attorney regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. 6 OO[~!J(-;r, October 4, 2004 This item not addressed. I B. Council shall convene into a closed executive session pursuant to Section 531.071 (l)(A) ofthe Local Government Code to consult with the city attorney regarding a claim for employment compensation. Reconvene to Open Session 4.2 A. Any action as a result of executive session regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. This item not addressed. B. Any action as a result of executive session regarding a claim for employment compensation. No action taken. And with no further business to discuss the meeting was adjourned at 9:42 p.m. I APPROVED: -~~ 'f/[J I hn Dillard, Mayor ity of The Colony ATTEST: ~t~OL2¿JAJ2~~ Christie Wilson, TRMC, City Secretary I 7 \'. /1 OOgO~;? E:i h; 6tT A October 4, 2004 The approved minutes for the City Council meeting held April 19, 2004 shall be amended in red as follows: Item 3.5 Discuss and consider approval of a resolution authorizing a change order to the construction contract for the Paige Road reconstruction project (Johnston/Scruggs) Motion to approve- Marks; second by Bayliss; motion passed with all ayes. I ! This amendment to the April 19, 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: ~ ,'to) ,I)) SJ -..-. ATTEST: J Dillard, Mayor 4l,~l~~ Ishe Ilson, City Secretary Exh;b,T " ß. I' UUtwer; 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; NWtion passed with 01/ 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 B' ATTEST: I , I