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Home My WebLink About01/17/2005 City Council January 17, 2005 008098 MINUTES OF REGUALR SESSION OF COUNCIL HELD ON I JANUARY 17, 2005 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 17th day of January 2005, 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 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: 11.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND I PROCLAMATIONS: Call to Order Invocation - Perry Schrag I Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proc1amation- Martin Luther King, Jr. Day- Mayor Dillard read the proclamation and noted the proclamation would be on display in the city hall lobby. Citizen Input- Don Brody addressed the council saying that there are too many change orders on contracts. He asked if the city uses a checklist for each department to sign off on plans. Announcement of upcoming civic events and activities 1 - Mayor Dillard announced the resignation of Thomas Handley from the Code Enforcement Advisory Committee and asked the city secretary to prepare a letter of appreciation for his service. The Mayor also announced upcoming public meetings being held by the Regional Transportation Council regarding transportation priorities. 12.0 I CONSENT AGENDA I 2.2 Consider approval of council expenditures for the month of December (Council) 2.3 Consider approval of a change order to the wastewater engineering design contract for design of backwash holding pond, storage building, access road, plant outfall line, and preparation of easement documents (Scruggs) I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. I ooonoa L' \J '- v hnual'Y 17,2005 2.4 Consider approval of an ordinance adopting and enacting a new code of ordinances for the City of The Colony and providing an effective date (Wilson) 2.5 Consider approval of a resolution authorizing the mayor to sign an Interlocal Cooperation Agreement for fire protection services in the unincorporated areas of Denton County (Nolen) 2.6 Consider approval of a resolution authorizing the mayor to sign an Interlocal Cooperation Agreement for ambulance services in the unincorporated areas of Denton County (Nolen) 2.7 Consider approval of a resolution awarding low bids to various vendors for annual chemical purchases (Sparkman) 2.8 Consider approval of a resolution authorizing the city manager to terminate the legal services contract with Thomson, Coe, Cousins & Irons and approve a contract with Strasburger & Price to assist the city in acquiring easements for utility lines from Wynnwood Peninsula to the central city, which was previously approved by council, and to maintain the services of attorney Ryder Scott (Scruggs) 2.9 Consider approval of a resolution authorizing the city manager to terminate the legal services contract with Thomson, Coe, Cousins & Irons and approve a contract with Strasburger & Price to assist the city in acquiring right of way easements for the proposed widening of F.M. 423, which was previously approved by council, and to maintain the services of attorney Ryder Scott (Scruggs) 2.10 Consider approval of a resolution authorizing the city manager to terminate the legal services contract with Thomson, Coe, Cousins & Irons and approve a contract with Strasburger & Price to assist the city with matters related to S.H. 121, which was previously approved by council, and to maintain the services or Ryder Scott (Cheatham) 2.11 Consider approval of an ordinance amending the municipal budget for 2004- 2005 for Municipal Court to fund wireless connectivity in the court room (Koo) 2.12 Consider approval of a resolution authorizing the city manager to sign a contract addendum with INCODE, authorizing court payments on-line (Koo) 2.13 Consider approval of inter-fund transfers for accounting purposes in relation to capital project funding (Koo) 2.14 Consider approval of a resolution accepting negotiated rate change for CoServe Gas (Sparkman) AEotion to approve above consent agenda items- McCourry; second by Bayliss; motion passed with all ayes. Councilmember Harris asked for this item to be pulled for discussion. 2.1 Consider approval of minutes of council meetings held January 3, 2005 (Wilson) Councilmember Harris advised it was not his intent to abstain on item 3.5 pertaining to site plan approval for Colony Plaza (S.H. 121 and Blair Oaks). He asked for the minutes to be changed to reflect an aye vote. City Attorney David Bernam advised that according to Roberts Rules of Order for a vote to be 2 008100 January 17,2005 changed, a consensus of the council must be taken approving the change. Mayor Dillard took a vote and all voted aye. Therefore, the minutes for January 3,2005 I will be changed to reflect an aye vote on item 3.5 for Councilmember Harris. Motion to approve item 2.1 with the change in Councilmember Harris' vote on item 3.5- Harris; second by Ward; motion passed with all ayes. 13.0 I REGULAR AGENDA ITEMS I 3.1 Discuss and consider approval of a resolution authorizing the city manager to sign an engineering services contract for design Office Creek erosion correction and provide direction to staff regarding prioritizing this project (Eubanks) Public Works Director Steve Eubanks reviewed the erosion problem along Office Creek, and stated he is requesting an engineering design contract for erosion mitigation. The second part of this item is to reprioritize an erosion correction scheduled for an area behind the Aquatic Park in order to do Office Creek first. He added that area is relatively stable at this point compared to Office Creek. Councilmember Schrag asked if the storm water utility fee will pay for this contract. Gordon Scruggs, city engineer, replied that due to sediment being considered a pollutant, this is an acceptable usage of the funds and added that controlling erosion is a big factor of storm water utility. Councilmember Harris and Mayor Dillard were both in agreement to reprioritize due to the homes along Office Creek possibly being endangered. I Citizen Don Brody asked if the appropriate departments have looked at the contract, and if the engineering firm have been given any requirements (what do we want them to accomplish). Assistant City Manager Tony Johnston advised that the entire channel from F.M. 423 to Lewisville Lake needs to be studied. He added that the engineering firm does meet the qualification set out by the city and they have been given direction. Councilmember Schrag asked if there is any liability for the city regarding the remainder of the creek (if we do repairs in certain areas). Steve Eubanks replied that he did not believe so. Motion to approve the contract and reprioritize the projects- Harris; second by Schrag; motion passed with all ayes. 3.2 Discuss and consider approval of a resolution authorizing the city manager to sign an engineering services contract for the design of an additional left turn lane at Memorial and F.M. 423 (Johnston) Tony Johnston advised this request is brought to the council at the request of I citizens due to the traffic exiting at the rear of Walmart and blocking the recently opened Memorial Drive eastbound. He stated there needs to be two left turn lanes going north on eastbound Memorial and a restructure of the opposite side of the intersection to accommodate the extra turn lane. A question of how the future improvements of F.M. 423 will impact this project was raised, and whether or not 3 008101 January 17, 2005 changing the timing of the traffic signal lights would help the situation. Tony advised that TxDOT and the City of Lewisville (maintains the lights) have indicated they cannot be adjusted anymore without affecting the entire system in that area. He suggested that signs not to block the intersection be put in place. It was noted that F.M 423 improvements are not scheduled for another four to five years. Citizen Don Brody stated he is concerned that this project could encourage more people to drive through the parking lot rather than go through the intersection at S.H. 121 and F.M, 423. He suggested police presence to discourage people from blocking Memorial. Councilmember McCourry agreed that the city should look at other options and put this off for now. Motion to table this item indefinitely- Marks; second by McCourry; motion passed with all ayes except for Dillard and Harris who voted no. 3.3 Discuss and consider approval of a resolution authorizing the city manager to sign an engineering services contract for the purpose of conducting a water and sewer impact fee study (Johnston) Tony Johnston advised the council that the current water and sewer impact fee study (2003) assumes certain growth patterns and now needs to be updated due to changes taking place in Austin Ranch and planned growth at Wynnwood. The city also is expanding the wastewater treatment plant. Motion to approve- Ward; second by McCourry; motion passed with all council voting aye except for Harris to had left the dais temporarily. 3.4 Discuss and consider approval of a resolution authorizing the city manger to sign an engineering services contract for the purpose of conducting a drainage impact fee study (Johnston) Tony Johnston advised the last study was done in April of 2000. The city attorney told the council it is required under state law every five years. Motion to approve- Schrag; second by Marks; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing the city manager to sign a construction contract for installation of a sidewalk on the west side of Blair Oaks from Memorial to Nowlin Drive (Johnston) Tony Johnston advised council that several requests have come in for a sidewalk for students to walk to school. He said that Centex owns the property and will be contacted for their permission and to see if they will share the cost. The apartment complex will also be asked to share some of the cost. Citizen Don Brody said that this is premature and that the staff work initially was incomplete. 4 -. OU8102 January 17,2005 Motion to approve up to $10,000 after Centex and the apartments have been contacted to possibly share the cost-Marks; second by Harris; motion passed with all ayes. I 3.6 Discuss and consider possible revisions to council policy regarding agenda preparation and council meeting protocol (Dillard) Mayor Dillard asked for this agenda item due to a previous Resolution by the city council setting out guidelines for conduct of meetings and agenda preparation, and that though legal, the current council is not following that Resolution exactly. He asked city attorney David Bernam to define the differences between ordinances and resolutions. David said that ordinances are law and resolutions are policy or directives. Citizen Steve Parsons told the council that thirty minutes for public input was not enough and that it should be eliminated. David Bernam told the council that the public has a right to attend and observe public meetings but state law does not require citizen input. He advised the council has the authority at any meeting to extend or reduce the guideline of thirty minutes. Suggested changes include: Eliminating Section II, 6.; adding citizen input at special meetings and work sessions as long as it pertains to the subject matter at hand; Section IV, 2. b., last sentence will be eliminated on the advise of city attorney; Section V. 1. last sentence will delete the term "chronic absenteeism" and replace it with "as I defined in city charter". It was confirmed by the city secretary that Section II., 3. referring to new ordinances being brought to council two times means those that add new subject matter to the Code of Ordinances and not those amending sections or chapter subjects already in the Code. It was requested by council that a directive be given to staff regarding specific addresses or locations on the agendas. It was noted that Planning and Zoning agenda items should have more than just a lot number, to include a clear description of the location under consideration. After the changes have been made, a new Resolution reflecting the suggested changes will be brought to council for approval. 3.7 Discuss and consider canceling marketing plan and other related agreements with GroupBaronet (McCourry) This item not addressed at this time. (Councilmember Harris left the meeting following Regular Session and prior to I Executive Session.) S U II P ~I n'~ ,6 to....' ~_: .~V L-- January 17,2005 Executive Session was called to order at 9:20 p.m. 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. This item not addressed. B. Council shall convene into a closed executive session pursuant to Section 551.074 regarding personnel matters to wit: City Secretary annual evaluation. Reconvene to Open Session at 10:05 p.m. 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 the City Secretary annual evaluation. Motion to approve a 3% salary increase- Schrag; second by Bayliss; motion passed with all ayes except for Harris who left the meeting prior to Executive Session.. And with no further business to discuss the meeting was adjourned at 10:07 p.m. APPROVED: CJ?J :JEh J Dillard, Mayor y of The Colony ATTEST: &~0L);JjJ~~ Christie Wilson, TRMC, City Secretary 6