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HomeMy WebLinkAbout10/17/2005 City Council I October 17, 2005 OOB24/J MINUTES OF REGULAR SESSION OF COUNCIL HELD ON I OCTOBER 17, 2005 The Regular Session ofthe City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 17th day of October 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 (business) Joe McCourry Mayor Pro-tem Absent (business) Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present (arrived 7: 15) And with four council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation -Colony Park Baptist Church I Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities 1_ The Mayor announced that a meeting will be held on November 16th at The Colony High School to discuss the future widening of F.M 423 (Main Street). He also said that council members Ward and McCourry are absent on business and that. Councilmember Marks is running late due to traffic. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held October 3, 2005 (Wilson) 2.2 Consider approval of council expenditures for the montH of September (Council) 2.3 Consider approval of a resolution authorizing the sole source purchase of Motorola portable radios to be funded from the Firefighters Grant Program (N olen/Sparkman) 2.4 Consider approval of a resolution authorizing the mayor to sign an agreement between the city and the Economic Development Corporation regarding debt service payment on Cascades at The Colony (Terrall) I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. I October 17,2005 00 ({ ,) 1) 2.5 Consider approval of a resolution authorizing the mayor to sign an amended agreement between the city, the Economic Development Corporation, and Jackson-Shaw regarding property located at the northeast corner of S.H. 121 and Morningstar (Terrall) 2.6 Consider approval of an amended agreement between the city and the Economic Development Corporation regarding debt service for Memorial Drive (Terrall) Motion to approve the above consent agenda items- Schrag; second by Harris; motion passed with all ayes. Councilmember Harris asked for 2.7 and 2.8 to be discussed separately, 2.7 Consider approval of a resolution authorizing continuation of the previously approved fuel surcharge for Waste Management and providing for council re-evaluation if fuel prices drop below $1.75 per gallon (Gilman) Councilmember Harris said that he would rather extend the contract amendment for another six months rather than applying a specific dollar amount to trigger re- evaluation. Councilmember Schrag said he would either agree with the same, or change the dollar amount to $2.25. Motion to approve a six-month continuance of the contract amendment (fuel surcharge) rather than setting a dollar amount- Harris,. second by Schrag; motion passed with all ayes. 2.8 Consider approval of a resolution authorizing the city manager to sign a change order to the engineering services contract with Halff Associates reducing the scope and cost of a contract for F.M. 423 utilities location verification (Scruggs) Councilmember Harris confirmed with City Engineer Gordon Scruggs that this is a reduction to the original contract. Motion to approve- Harris; second by Schrag; motion passed with all ayes. 13.0 1 REGULAR AGENDA ITEMS I 3.1 Discuss and consider approval of a resolution authorizing the city manager to sign a contract with Pogue Construction for construction management of the North Colony Fire Station (Nolen) Fire Chief Mike Nolen told the council that four companies submitted bids for the construction management of the new North Colony fire station. An evaluation team interviewed the companies and recommended Pogue Construction. They had the best price as well as experience and qualifications for the project. Councilmember Harris asked how long before a maximum price estimate will be available. Chief Nolen advised that construction documents should be completed '"- in March or April, then they will go out for bid. Motion to approve- Mikulec,. second by Harris; motion passed with all ayes. 2 - ~..,...,-._,. I October 17, 2005 008;:),1" 3.2 Discuss and consider approval of a resolution authorizing the city manager to sign an engineering services contract with Halff Associates for preparation of construction plans and specifications for utility relocations and I improvements for the widening of F.M. 423 (Scruggs) Gordon Scruggs told the council that this is the engineering services contract to relocate all utilities for the widening of F .M. 423. Also included is the design for the new 24-inch water line from Office Creek Pump Station north to North Colony Boulevard, which will connect to the existing 24-inch line that goes to Stewart Creek Bridge. He also said in the construction estimate there's quite a lot for easement acquisition. Gordon discussed this with TxDOT this week and the area manager agreed he will support the city with the region office on allowing some flexibility on where to put utilities within the right-of-way. This will help minimize how many easements the city needs to acquire outside the right-of-way. Carter-Burgess is now setting the alignment for TxDOT on F.M. 423 so Halff can coordinate with Carter-Burgess on this. The total cost is $691,900.00 with a contingency of$58,100.00. Councilmember Schrag asked if any of this is reimbursable from the MOU. Gordon advised the utility relocations will be. He said Denton County set aside three million for utility relocations and four million for right-of-way however, current estimates have been less than that. Also, impact fees can be used for the 24 inch water line. The majority of the total cost should be reimbursed. (Councilmember Marks arrived.) I Motion to approve- Harris; second by Schrag; motion passed all ayes. .m. EXECUTIVE SESSION A. Council shall convene into a 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 ~f Frisco, North Texas Municipal Water District and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Section 551.071 (1) (a) of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney regarding proposed settlement wUh TRC/Hunter Associates. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS LOCAL GOVERNMENT CODE to eonsult with the city attorney regarding the contract between Rodman Utilities, L.P. and the City of The Colony. Reconvene to Open Session at 8:20 p.m. I 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. No action on this item. 3 October 17,2005 OU8~4. B. Any action as a result of executive session regarding proposed settlement with TRC/Hunter Associates. Motion to approve the settlement agreement between TRCmunter Associates as presented and authorize the city manager to execute the agreement- Marks; second by Harris; motion passed with all ayes. C. Any action as a result of executive session regarding contract between Rodman Utilities, L.P. and the City of The Colony. No action on this item. I 5.0 I WORK SESSION I 5.1 Discuss and provide direction to staff regarding possible adjustments to the Master Fee Schedule Dale Cheatham told the council this work session item is at the request of City Council to re-visit some of the fees previously approved in the Master Fee Schedule. The first area of discussion was regarding the Practice Field Rental Rates for co-sponsored and resident non-co-sponsored groups. The consensus was to leave as is, in the absence of Councilmember Ward who requested eliminating this fee. If he wants further discussion then this item will be a regular agenda discussion item. Discussed next was Recreation Center Membership Fees and Fitness Center Fees. Councilmember Marks stated he would like to not increase resident rates, but distribute the amount of the rate increase to other fees, so as not to change the bottom line. City Attorney Bob Hager told the council that fees charged must reflect the services provided; otherwise the increase would be considered a "tax". Dale reviewed the membership fees for use of the Senior Center, and reviewed possible options. Councilmember Mikulec said that he believes non-residents should pay some kind of annual membership since they don't pay local taxes. Mayor Dillard said he's in favor of Option 1 (no fees for resident or non-resident). Councilmember Harris suggested non-residents should be charged additional fees for activities already being paid for. He also said not to add the fees this year, but next. Councilmember Mikulec agreed and added this should be a future agenda item. Lastly, Dale brought up the special event fees for non-profit and civic organizations. Discussion followed whether to reduce or eliminate the fee. Bob Hager advised that criteria for evaluating whether to waive a fee needs to be established. He said this could be done on a case-by-case basis by the City Council and not staff. This item will be brought back to the Council at a later date. -_..- 4 - -,..._--,.,--"~-_.~- I October 17, 2005 OU8~,1<.) 5.2 Receive report, discuss, and provide direction to staff regarding accessory I structures throughout the City of the Colony Donna Bateman advised the City Council this item is due to a complaint received in May (photos of side-yard structures and patio covers were distributed.) She stated the city requires ten feet to the rear from the house for storage type buildings and anything over 120 square feet needs a building permit. She added that if enforced anyone who had something in place (that doesn't comply with the code) would have to remove it. Councilmember Harris stated that he doesn't want to completely do away with accessory structures, only if a safety issue or infringement on the neighbors exists. Bob Hager told the City Council that patio covers are not "accessory structures", and said that definitions would have to be evaluated. Councilmember Marks stated that all structures should abide by the existing code. Donna advised she will check into some other cities on the matter of accessory structures. Bob also stated that if some residents had a building permit and their building was still not in compliance, they should get a variance. And with no further business to discuss the meeting was adjourned at 9:20 p.m. APPROVED: I g Dillard, Mayor y of The Colony ATTEST: I S -