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Home My WebLink About06/20/2005 City Council June 20, 2005 MINUTES OF REGULAR SESSION OF COUNCIL 00818 " HELD ON I JUNE 20, 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 20th day of June 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 Absent Joe McCourry Mayor Pro-tem Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Absent Joel Marks Councilmember Present And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Kirk Mikulec Pledge of Allegiance to the United States Flag I Salute to the Texas Flag Citizen Input-None Announcement of upcoming civic events and activities 1_ Mayor Dillard read a statement about the upcoming Liberty by the Lake event. 12.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held June 6 and June 8, 2005 (Wilson) 2.2 Consider approval of council expenditures for the month of May (Council) 2.3 Consider approval of an ordinance amending the zoning ordinance by granting a specific use permit, as approved by council on June 6, 2005, for the sale of alcoholic beverages for on-premise consumption at Melanie's Seafood restaurant located at 4649 South Colony Boulevard Suite 300 (Bateman) 2.4 Consider approval of an ordinance amending the zoning ordinance by granting a specific use permit, as approved by council on June 6, 2005, for the sale of auto parts and accessories in the Firestone Tire store located at on the north side of SH 121, west of Paige Rd. and east of Blair Oaks (Bateman) I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 June 20, 2005 00 818 .!~ 2.5 Consider approval of a resolution expressing official intent to reimburse cost of certain projects from proceeds of 2005 bond sales (Koo) 2.8 Consider approval of a resolution reducing the employer contribution for the International City/County Manager's Association Money Purchase Plan and Trust (Cheatham) Motion to approve the above consent agenda items- Marks; second by McCourry; motion passed with all ayes. Councilmember Harris asked for item 2.6 to be pulled for separate discussion. 2.6 Consider approval of a resolution authorizing the city manager to sign an amendment to the annual contract for the Stewart Creek Park Gate Attendant for salary adjustment effective immediately and continuing until September 15, 2005 (Fitzgerald) Councilmember Harris asked why the amendment is needed. Parks and Recreation Assistant Director Sam Fitzgerald stated the amendment was intended to provide better customer service to park users. Mr. Fitzgerald told council the amendment would add 7.5 hours per week and cost $75 per week. This cost will be covered by park revenues and would not affect the general fund. Motion to approve- Harris; second by McCourry; motion passed with all ayes. Councilmember Marks asked for item 2.7 to be pulled for separate discussion. 2.7 Consider approval of a resolution authorizing the city manager to sign a landscape construction and irrigation improvement contract for the Legends water tower (Scruggs) Councilmember Marks asked staff where the money for the improvements was coming from. City Manger Dale Cheatham told the council the money was set aside for this purpose when the debt was issued in 1998. Councilmember Marks asked if this would be ongoing process for all the water towers. Assistant City Manager Tony Johnston informed the council that improvements would probably continue in the future. Motion to approve-Marks; second by McCourry; 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 a construction contract for Sutton Drainage Channel repairs (Scruggs) City Engineer Gordon Scruggs gave the council an overview of the project and explained the procedures for the repairs to the channel. Councilmember Marks - asked Mr. Scruggs when the last time repairs had been done to the channel. Mr. Scruggs said the channel had been worked on in October 2003. Mr. Scruggs also informed the council that the erosion had affected some of the homeowner's backyards on the north end of the proposed area to be repaired. 2 -'_..._-'."-"""-'-',~~- June 20, 2005 n p p" p ) Citizen Mark Barker addressed the council and showed a picture of the erosion behind his house. He has concerns about mowing and children playing in the I eroded area. Councilmember McCourry asked Mr. Scruggs if he had checked the references for the winning bidder for the proj ect. Mr. Scruggs stated they had been checked and were approved. Motion to approve- McCourry,. second by Marks; motion passed with all ayes. 3.2 Discuss and consider approval of a resolution authorizing the city manager to sign a construction contract for erosion control along Office Creek (Scruggs) City Engineer Gordon Scruggs gave council an overview of the project and showed drawings of the proposed method of fixing the erosion. Councilmember Harris stated he had some concerns over the discrepancy of the pricing between the bidders. He wanted to know why the winning bidder had much lower prices for material than the other bidders. Councilmember Mikulec also expressed his concern on this issue. Mr. Scruggs explained to the council that the winning bidder had much higher prices for site preparation work which might offset the lower cost of materials. Mr. Scruggs also stated the contractor may have the materials already purchased or located close to the job site. Mr. Scruggs I explained there could be several reasons why the material costs for the winning bidder was significantly lower than other bidders. Councilmember Harris stated that he had walked through the area along Office Creek and noticed a large amount of garbage in the area. Harris asked if the site was going to be cleaned up during the project. Mr. Scruggs said he would speak with Public Works Director Steve Eubanks about getting the drainage crew to clean the garbage out of the area. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.3 Appointment of council liaisons and standing council committee members (Dillard) Mayor Dillard made the following appointments: Denton Co. Mayors and City Managers - Dillard and Cheatham V oting Member of COG - Harris Metrocrest Hospital - Marks 121 Task Force - Harris Wynnwood Development - Perry, McCourry and Dillard I FM 423 Task Force - Ward, Mikulec, Dillard and Cheatham Solid Waste - Schrag and McCourry Code Enforcement - Marks 4A - Schrag 3 June 20, 2005 00818 .,) 4B - Harris Executive Session began at 7:40 p.m. I 4.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into closed executive session pursuant to Section 551.071 of the TEXAS 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. B. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS LOCAL GOVERNMENT CODE to discuss with the city attorney potential litigation, real property deliberations and acquisition of property along State Highway 121 located in the central portion within the jurisdiction of The Colony. C. Council shall convene into a closed executive session pursuant to Sections 551.071 (2) and 551.074 (a)(I) of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney and deliberate the appointment, employment, evaluation, reassignment, duties, or dismissal of a public officer or employee to wit: Municipal Court Judge. Reconvene to Open Session at 9: 18 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. C. Any action as a result of executive session regarding Municipal Court Judge. Motion to appoint Judge Deanna Burnett and Judge Vonciel Jones Hill as interim municipal judges for the City of The Colony for a period not to exceed four months- Harris; second by McCourry; motions passed with all ayes. Council went back into Executive Session at 9:24 Reconvene to Open Session at 9:50 B. Any action as a result of executive session regarding potential litigation, real property deliberations and acquisition of property along State Highway 121 located in the central portion within the jurisdiction of The Colony. - This item not addressed. And with no further business to discuss the meeting was adjourned at 9:50 p.m. 4 ,-..-..,..---."".-........ June 20, 2005 00818, I APPROVED: ATTEST: atthew D. Denton, Deputy City Secretary I I s -