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HomeMy WebLinkAbout02/07/2005 City Council OU8108 February 7,2005 I MINUTES OF REGUALR SESSION OF COUNCIL HELD ON FEBRUARY 7, 2005 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:10 p.m. on the 7th day of February 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 I PROCLAMATIONS: Call to Order Invocation-John Fowler from Trinity Presbyterian Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities 1 Technologies Board Chair John Marshall gave a report on the activities of the Technologies Board. Marshall listed the members and their qualifications, listed some projects the board is looking at, and discussed the board's goals and objectives. 12.0 1 CONSENT AGENDA 1 2.1 Consider approval of minutes of council meetings held January 17th and 18th, 2005 (Wilson/Devlin) 2.2 Consider approval of a resolution ordering a general election of officers for single member council districts to be held in the city on May 7, 2005 (Wilson) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. I 1 ('U()A."O ~),' () .L 1.J 0! February 7,2005 2.3 Consider approval of a resolution authorizing a rental contract with Denton County for voting equipment for the May 7, 2005 election (Wilson) 2.4 Consider approval of awarding bids and a resolution authorizing the city manager to sign contracts for the purchase of chemicals for Water Production and Wastewater Treatment (Sparkman) 2.7 Consider approval of a resolution authorizing the city manager to sign Loan Star Libraries Grant contract (Sveinsson) 2.9 Consider approval of an ordinance amending the 2004-2005 municipal budget reallocating funds between accounts (Koo) 2.10 Consider approval of a resolution approving the city's participation with other CAPP cities to endorse certain legislative changes to S.B. 7 regarding competitive pricing (Sparkman) 2.11 Consider approval of a resolution of support for the renewal of training agreement between The Colony Police Department and the Texas Commission on Law Enforcement (Carroll) Motion to approved above consent agenda items- Ward; second by Marks; motion passed with alley ayes except for McCourry who had left the dais temporarily. Councilmember Harris asked for this item to be pulled for discussion. 2.6 Consider adopting a resolution establishing Council agenda procedures and superceding previously adopted resolutions (Council) Councilmember Harris expressed concerns over limiting the amount of time citizens for citizen input. Harris suggested the 30 minute limit on citizen input be struck and to add wording allowing the council to stop citizen input if it went past 30 minutes. City Attorney Bob Hager suggested new wording for the section pertaining to citizen input using Councilmember Harris' suggestions. Motion to approve with the changes as set forth by Councilmember Harris- Harris; second by Marks; motion passed with all ayes except for Mayor Dillard who voted no and McCourry who had left the dais temporarily. Councilmember Harris asked for this item to be pulled for discussion. 2.8 Consider approval of a resolution urging the Texas legislature not to adopt any school finance reform or tax system changes that would negatively affect city revenues and economic development efforts (Koo) Councilmember Harris wanted the citizens to know that the city is not opposed to school finance reform, but wanted legislators to know that the city does not want school finance problems to become municipal finance problems. 2 008110 February 7, 2005 I Mayor Dillard added that the city does not want state legislators to hinder the city's ability to fund and support projects by taking city tax dollars and using them at the state level. Motion to approve- Harris; second by Marks; motion passed with all ayes. Mayor Dillard asked for this item to be pulled for discussion. 2.5 Consider approval of canceling the February 21, 2005 city council meeting (Council) No action taken on this item. 13.0 1 REGULAR AGENDA ITEMS I 3.1 Discuss and consider approval of a resolution authorizing the city manager to sign contracts for pre-construction services with guaranteed maximum price, and for bid and construction services of Civic Center project (Nelson) Parks and Recreation Director Pam Nelson advised the council that the Design Committee has interviewed two construction firms which gave presentations to the council at the work session. The construction firms provided draft contracts I with proposed fees. Nelson advised the council that the fees proposed, with the exception of the pre-construction fees, were fees that the city would pay to a general contractor out of the construction budget. Councilmember Bayliss asked Nelson what the typical fees where for a general contractor. Nelson stated the fees for a general contractor were in line with what was presented by the construction services contractors. The difference between the prices from a general contractor and what was presented was the pre- construction services. Mayor Dillard asked the council if they were prepared to make a decision on this item. If not, the options where to wait until the first meeting in March, call a special session or not cancel the February 21, 2005 meeting. After council discussion it was decided this item would be tabled until the February 21, 2005 meeting. Motion to table item until the February 21, 2005 Regular Session- Harris; second by Ward; motion passed with all ayes. 3.2 Discuss Eastvale overlay district proposal for the purpose of promoting development of vacant tracts of land and redevelopment of existing buildings and provide direction to staff (Persaud) I 3 u I} ,~~ _', .:, February 7,2005 Planning and Development Director Harry Persaud gave a presentation to council explaining the Eastvale overlay and what the reasons were for it. Persaud told the council there is 14.2 acres of vacant land contained within the overlay area. Persaud stated there are several challenges developers must overcome to develop these properties using the current zoning standards. These challenges include a nearby sewer plant, small lot layouts, drainage issues, connection to utilities, and the existing standards of development Persaud stated staff is looking for direction from council on whether to ease development restrictions to help develop this area. Coucilmember Schrag stated he did not think Main Street would be included in the overlay. He also questioned easing the landscaping requirements and wanted the number of trees required to not change. Schrag asked if each lot would have to have a separate water meter for irrigation. Persaud stated separate meters would not be required for each lot. Schrag also questioned if the parking lot requirements would be changed to asphalt. City Engineer Gordon Scruggs stated the he would recommend the at minimum having concrete for the fire lanes. Scruggs also stated drainage issues should be addressed by the developers and should not be a problem. Coucilmember Bayliss asked if this item had been brought to the Planning and -- Zoning Commission. City Manager Dale Cheatham stated that the Eastvale overlay plan had been brought directly to council at the request of council members. Coucilmember Harris stated he also thought the overlay would not include Main Street and was concerned how the new standards would affect existing buildings. Persaud explained that existing building would not be forced to conform to the new standards, but that the buildings would have to be maintained or they would not be approved for COs when new tenants moved in. Councilmember Harris also expressed he does not wish to have metal buildings with brick fronts being built along Main Street. Councilmember Bayless also expressed that she wanted the design standards to stay the same on Main Street. Mayor Dillard stated the area needed some changes to promote development and asked the council if they would consider changes. Councilmember Marks stated he does not want the design standards to be changed at all and believes the area will be developed when it is beneficial to the developers. 4 008112 February 7, 2005 I City Attorney Bob Hager stated staff needs some direction from council on how to proceed with the recommendations. Motion to authorize city staff to prepare an Eastvale Overlay District non residential development district to present to the Planning and Zoning Commission for recommendations to the city council- Schrag; seconded by Bayliss; motion passed with all ayes. City Attorney Bob Hager told the council that they will be receiving some options from the Planning and Zoning Commission based on the concerns and direction of the council during this discussion. 3.3 Discuss and consider authorizing the city manager to sign the Memorandum of Understanding that outlines the funding strategy associated with tolling S.H. 121 (Dillard) Rider Scott, City Attorney for this project, was present to answer questions about the Memorandum of Understanding for council. Scott explained to council that portions of the project that will be funded by Denton County instead of the state will take less time to completed. Scott also stated that the toll portion of S .H. 121 I would be toll tag only and have no cash lanes. Scott told the council the wording on the interlocal agreements is currently being worked on. Councilmember McCourry voiced his concerns on the excess toll revenue sharing document that is attached to the Memorandum of Understanding. McCourry feels the wording on this document would allow the toll authority to take excess toll revenue from S.H.121 and use it for other toll projects throughout the state. Rider Scott advised that the city had proposed alternative language on this issue but it did not make it into the Mobility Plan. Scott did advise the council that rental car study will be done as per requested by the council. Councilmember Schrag expressed concerns that The Colony would be left out of future negotiations regarding the mobility plan and wants language included that would guarantee The Colony would have a voice. Mayor Dillard reminded the council that The Colony was a leader in this issue and is way ahead of other cities to receive state and county money for projects. City Attorney Bob Hager stated the council may want to consider adding a resolution to the Memorandum of Understanding voicing the council's concerns. Council decided because of time constraints Rider Scott would write a letter to attach to Memorandum of Understanding stating the council's concerns with the I revenue sharing and The Colony's input on future funding and projects. A 5 OUg:113 February 7,2005 resolution will be brought to council in the future to further address these concerns in an official document passed by council. Motion to approve Memorandum of Understanding with attached letter expressing funding and representation concerns- McCourry; second by Marks; motion passed with all ayes except for Harris who voted no. 3.4 Discuss and consider approval of a resolution awarding construction contract bid for improvements and expansion of Stewart Creek Wastewater Treatment Plant and authorizing the city manager to sign a contract (Scruggs) City Engineer Gordon Scruggs explained the contract and how it is affected by our agreement with TCEQ. Scruggs stated that as the city grows the capacity for wastewater treatment will already be built. Scruggs stated in the next three or four months a change order will be needed for the engineering and construction firms to make modifications for new growth. The change orders are expected to be $300,000 to $400,000. City Attorney Bob Hager recommended the council included the amount of $10,804,700 in the resolution to reflect the 3% contingency amount. --"--- Gordon Scruggs informed the council that there was a change in some of the funding which would come from the 2005 Utility Revenue Funds. Coucilmember Harris asked what was the purpose of using the belt press instead of the centrifuge since our centrifuge still had some life left on it. Ray Longoria with Freese Nichols informed council that the centrifuge in use is near the end of its service life. Longoria stated centrifuges are a more high maintenance and high cost piece of equipment. Councilmember Harris also asked how the SCADA system is being utilized. Ray Longoria stated that the SCADA system was designed for this particular plant and would be supervisor controlled to monitor only the units in the plant. Councilmemeber Harris stated he would like to see the city use the SCADA system to its fullest extent. Assistant City Manager Tony Johnston stated during the Technologies Board meeting the SCADA system was discussed. Johnston state the Technologies Board decided to take a phased approach and look at increasing the capabilities in the future. Motion to approve $10,804,700, which includes the 3 % contingency fund as recommended by staff and the 2005 utility fund revenue bonds in the funding mechanism- McCourry; second by Marks; motion passed with all ayes. - 6 OUB114 February 7,2005 I 14.0 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. Executive Session was not convened, however, City Attorney Bob Hager advised the judge in the case ruled that the case will stay in Denton County since the plant is located in Denton County. And with no further business to discuss the meeting was adjourned at 9: 10 p.m. APPROVED: ~;?~~~ J r; Dillard, Mayor I C y of The Colony ATTEST: atthew D. Denton, Deputy City Secretary I 7