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HomeMy WebLinkAbout12/05/2005 City Council December 5,2005 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON December 5, 2005 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 5th day of December 2005, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris Scott Ward Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Mayor Pro-tem Councilmember Councilmember Councilmember Present Present Present Present Present Absent (Business) Present And with six council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - John Fowler, Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Chamber of Commerce Presentations- Rob Bauman with The Colony Chamber of Commerce announced that three plaques have been made with the names of citizens recognized by the Chamber each year. The plaques will be displayed in the city hall lobby. Citizen Input- Joyce Fulco informed the council that besides the $50 special event fee paid for a recent non-profit fundraiser, there were other fees to pay totaling $110.00. Thelva Balkus told the council that Scout Troop 1001 was in attendance. They are studying about citizenship in the community. Joe Shirley asked the council to call a public hearing before the deadline of December 31 st on the matter of rental registrations. He feels it an invasion of privacy to ask renters for personal information to then pass on to the City. City Manager Dale Cheatham advised the matter will be on the January 9, 2006 council agenda and no enforcement action will be taken between December 31 st and January 9th. Announcement of upcoming civic events and activities 1_ Mayor Dillard expressed his appreciation for all those involved with the Wall That Heals project. Specifically, the committee consisting of Diane Baxter, David Swain, Jennifer Robertson, Dewey Fambry and Allyson Sprinkle; the Rotary Club, volunteers I I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. December 5, 2005 from the Fujitsu Corporation, the North Dallas High School JROTC Honor Guard, Richard Kuether, Lazerset Printing, motorcycle escorts, and countless other volunteers who made this project a success. David Swain with Parks and Recreation announced the Christmas Parade of Lights scheduled for December 10th starting at 5:45. The parade route will start at the high school and end at City Hall with the lighting of the Christmas tree. There will also be a Business Expo at city hall from 6-8 p.m. 12.0 2.1 2.6 I CONSENT AGENDA I Consider approval of minutes of council meetings held November 7, 2005 (Wilson) Consider approval of council expenditures for the month of October (Council) Consider approval of canceling the December 19, 2005 city council meeting (Council) Consider adopting a resolution directing publication of notice of intention to issue certificates of obligation (Koo) Consider approval of a Reimbursement Agreement between JNC Properties and the city for Office Creek Channel improvements paid from drainage impact fee reimbursements (Johnston) 2.8 2.9 2.10 Motion to approve above consent agenda items- McCourry; second by Ward; motion passed with all ayes. Councilmember Marks asked for items 2.2. 2.4 and 2.5 to be {Julled from the consent agenda for separate discussion. 2.2 Consider approval of a resolution adopting a street naming and street name change policy (Bateman) Councilmember Marks suggested that an amendment be made to the policy that no street can be named after a living person. Motion to approve adding to the policy that no street be named after a living person- Marks; second by Mikulec; motion failed with the following vote: Ayes- Marks, Mikulec Nos- Dillard, Harris, Ward, McCourry Motion to approve as presented- Harris; second by McCourry; motion passed with all ayes except for Marks who voted no. 2.4 Consider approval of a resolution authorizing the city manager to sign a contract to purchase a sports lighting control system from SkyLogix (Nelson) Councilmember Marks asked David Swain to review the purpose behind this purchase. David advised that the installation of the equipment will provide better control over the operation of the athletic field lights, saving on electricity and staff time. He added that the cost is notably less than a similar system purchased for Five Star. Motion to approve- second by Harris; motion passed with all ayes. 2 December 5, 2005 2.5 Consider approval of a resolution authorizing the city manger to sign an engineering services contract with Halff Associates to assess defective infrastructure and prepare construction plans, specifications and estimates for maintenance bond repairs in the N orthshore and The Cedars neighborhoods located in Stewart Peninsula (Eubanks) I Councilmember Marks asked Public Warks director Steve Eubanks if this is warranty work. Steve explained that due to the contractor refusing to repair some defects in the infrastructure, council authorized legal action against the contractor in July. The city's legal advisors suggested the city have this assessment done to help from a legal standpoint in forcing the contractor to cover the costs of the repaIrs. Motion to approve- Marks; second by Harris; motion passed with all ayes. Mayor Dillard asked for items 2.3 and 2.7 to be pulled from the consent agenda for separate discussion. 2.3 Consider approval of ordinances amending the Code of Ordinances by adopting the following 2003 International Codes: Building, Residential, Fire, Mechanical, Energy Conservation, Plumbing, Fuel Gas with amendments, and the 2005 National Electrical Code with amendments (Bateman) I Mayor Dillard advised that staff requested the Fire Code be separate from the other codes listed, and that it will be brought back to council at a later date. Motion to approve all except the Fire Code- McCourry; second by Harris; motion passed with all ayes. 2.7 Consider approval of a resolution casting the city's votes for candidate Jeff Low for the Denton Central Appraisal District Board of Directors (Council) Citizen Input- Jeff Low addressed the council, thanking them for their support. Motion to approve- Harris; second by Mikulec; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss possible dates for Liberty by the Lake Festival 2006 and provide direction to staff (Nelson) David Swain explained to the Council that the Chamber of Commerce and the Knights of Columbus have both requested that the July 4th events be held on Saturday July 1 st. It is felt that date will result in a better turnout. I Councilmembers Mikulec and McCourry both voiced their desire to have all events on Saturday, and Councilmember Harris said to have all events on Saturday, except to possibly keep the parade on July 4th. Mayor Dillard suggested that option be evaluated for extra costs that may be involved. Discussion among council followed concerning employee overtime. 3 December 5, 2005 Motion to approve as is (all events on July p~- Harris; second by McCourry; motion passed with all ayes except for Ward who voted no. 3.2 Discuss and consider approval of a resolution authorizing the city manager to sign a purchase contract and deed for four acres of land for a future southern pump station (Scruggs) City Engineer Gordon Scruggs advised the Council that per the Developer's Agreement with the Billingsley Corporation that the city must purchase four acres of land for a future southern pump station, at a cost not to exceed $930,000.00, prior to December 21, 2005. The location is within Carrollton's city limits. The final plat has been approved by the city of Carrollton. Motion to approve- McCourry; second by Ward; motion passed with all ayes. 3.3 Discuss and consider authorizing the funding for re-construction of Phase IlIA residential streets (Scruggs) Gordon Scruggs advised this request is for the funding approval to begin the reconstruction of eight streets (certain areas of Yager, Strickland, Treese, Lemmon Court, Mayes, Underwood, Hetherington, and Pemberton). The design phase is complete. The $4,000,000.00 needed will pay for water, sewer, drainage, and streetlights as well. He added that meetings with the residents on those streets will be held prior to construction. Citizen Don Brody spoke in favor of the council approving this agenda item. Councilmember Harris asked whether an additional repair item could be added to the project. He said the driveway at Fire Station 1 is need of repair. City attorney David Berman advised that at this stage something additional can be added. Motion to approve and add the driveway at Station 1- Harris; second by McCourry; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the city manager to sign an engineering services contract with Halff Associates, Inc. for the re- construction design of the Phase I1IB residential streets (Scruggs) Gordon Scruggs advised this is the second group of eight streets (on the list of 30) that are to be reconstructed. The project will include streetlights, water, sewer, and drainage as needed. The list of streets includes (portions of) Curry, Ash Glen, Truitt, Alpha, AHa Oaks Lane, Amhurst, Ashlock, and Avery Lane. Motion to approve- Ward; second by Harris; motion passed with all ayes. 3.5 Discuss and consider approving an addendum to the Engineering Design Manual by adding Section 2.18, Drainage Easements (Scruggs) This section will amend the city's engineering design manual, resulting in the reduction of costs of future capital projects. The proposed addendum sets 4 I December 5, 2005 minimum sizes for the easements, considering access for maintenance by public works and future re-construction, if needed. Specific design criteria for the construction of fences and parking lots within floodplains and drainage ways are included with the limitation that walls, pools, and buildings shall not be constructed within drainage easements. The addendum also sets forth specific criteria for an Erosion Clear Zone to be included in the drainage easement. This action will not affect already platted lots but will allow more control over new or re-platted lots. Motion to approve- Harris; second by Ward; 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 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 closed executive session pursuant to Section 551.071 (2) of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney concerning the Austin Ranch Development Agreement between the City of The Colony and the Billingsley Corporation. I C. Council shall convene into closed executive session pursuant to Section 551.071 (2) of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney regarding acquisition of Overlake Drive utility easements. D. 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 the contract between Rodman Utilities, L.P. and the City of The Colony. 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. No action. B. Any action as a result of executive session regarding the Austin Ranch Development Agreement. No Action C. Any action as a result of executive session regarding acquisition of Overland Drive utility easements. I Councilmember Harris made the following motion: Motion to approve resolution to commence condemnation proceedings for the acquisition of utility easements, leaving open the optionfor staff to attempt to negotiate a developer's agreement that may include a voluntary transfer of the utility easements; second by Ward; motion passed with all ayes. 5 December 5, 2005 D. Any action as a result of executive session regarding contract between Rodman Utilities and the City of The Colony. Councilmember McCourry made the following motion: Motion to approve a resolution authorizing the city manager to enter into a change order and amendment of contractor's contract with Rodman Utilities for approval of the use of alternate pipe material for the Wynnwood Peninsula 24" water line and 16" force main, and approving the associated costs; second by Ward; motion passed with all ayes exceptfor Mikulec who voted no. And with no further business to discuss the meeting was adjourned at 9:35 p.m. APPROVED: hn Dillard, Mayor ity of The Colony ATTEST: ,12~ 14 lu~,~ stIe WIlson, TRMC, CIty Secretary 6