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Home My WebLink About02/06/2006 City Council I I I February 6, 2006 UU{)~ t " MINUTES OF REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 6, 2006 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 6th day of February 2006, 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-tern Councilmember Councilmember Councilmember Present Present Present Present Present Present Present And with seven council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Horizon Church, John Wist Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations-Mayor Dillard presented the Tonkawa and Topsanah District Scouts of the Longhorn Council with a proclamation for Scouting for Food. Presentation of Employee Awards- Mayor Dillard presented Diane Baxter a plaque in honor of being selected employee of the year by the employees of The Colony. City Attorney Report-City Attorney Bob Hager gave an opinion on an incident that occurred at the January 23, 2006 Special Session. Mr. Hager had been informed that Jeff Connelly alleged Councilmember Mikulec improperly took part in denying Mr. Connelly the ability to provide input at the meeting. Mr. Hager informed the council that by state law, the council is not required to allow citizen input. There was no citizen input on the agenda for the referenced meeting. Mr. Hager said he did not think the mayor or council acted improperly at the January 23,2006 Special Session. Citizen Input-James DePiazza introduced himself and announced he is a candidate for Justice of the Peace, Precinct 2. Carlos Gallardo of Frisco also introduced himself and announced he is a candidate for Justice ofthe Peace, Precinct 2. Announcement of upcoming civic events and activities 1_ Mayor Dillard announced the next council meeting will be February 27, 2006. Mayor Dillard also gave the dates and I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. February 6, 2006 v ".; ~; UUUi... t _: times for voting in the March Primaries. Mayor Dillard announced there are still tickets available for the Daddy/Daughter and SonIMother dance to be held on Sunday February 12,2006. I 2.0 I CONSENT AGENDA I 2.2 Consider approval of a resolution ordering a general election of officers for at-large city council districts on May 13, 2006 (Wilson) 2.3 Consider approval of a resolution authorizing a joint election with Lewisville Independent School District on May 13, 2006 (Wilson) 2.5 Consider approval of a resolution authorizing the city manager to sign a professional services contract with Spring Brook Planning Group for updating and preparing amendments to the city's Comprehensive Plan (Bateman) 2.6 Consider approval of a resolution further abating the Show Cause Resolution and accepting settlement agreement with TXU Electric Delivery (Sparkman) 2.7 Consider acceptance of the resignation of Jeff Connelly from the Planning and Zoning Commission (Council) 2.8 Consider approval of an Estoppel Certificate for the Tribute Golf Course as requested by Matthews Southwest to further development of Wynnwood Peninsula (Nelson) Motion to approve the above consent agenda items-McCourry; second by Mikulec; motion passed with all ayes. Councilmember Schrag asked that item 2.1 be pulled from the Consent Agenda for discussion. 2.1 Consider approval of minutes of council meetings held January 9, 16, and 23, 2006 (Wilson) Councilmember Schrag had some changes for the January 16, 2006 minutes. City Attorney Bob Hager stated the minutes would have to be voted on separately. Motion to approve the January 9, 2006 and January 23, 2006 minutes-Schrag; second by Marks; motion passed with all ayes. Motion to table the January 16, 2006 minutes -Schrag; second by Marks; motion passed with all ayes except Harris who voted no. Councilmember Marks asked that items 2.4 and 2.9 be pulled from the Consent Agenda for discussion. 2.4 Consider approval of a resolution authorizing the city manager to sign a consulting contract, funded by the Community Development Corporation, for design services and construction plans for a hike and bike trail from Slay/Baker Park to North Colony Boulevard (Nelson/Fitzgerald) 2 I I I February 6, 2006 u u () '.': ~) I~ " . ,I Assistant Parks and Recreation Director Sam Fitzgerald gave an overview of the project. Councilmember Marks had concerns over who will do the plans for the whole project. Mr. Fitzgerald informed him that Dunkin, Sims Stoffels, Inc. is the same company that is doing the design for The Legends HOA portion of the project. Councilmember Harris was concerned that the city would spend the money for the design services and The Legends may not do their part. City Attorney Bob Hager suggested changing the contract to be valid only if The Legends HOA approved their part of the proj ect. Motion to approve with the stipulation in the contract with Dunkin, Sims, Stoffels, Inc. that The Legends HOA must first approve the plans-Harris; second McCourry; motion passed with all ayes. 2.9 Consider approval of an ordinance repealing Article IV Chapter 10 for the Code of Ordinances - Hospital Authority (Bateman) City Attorney Bob Hager told the council that in order to approve the food establishment ordinance to be presented later in the agenda, the Hospital Authority section of Chapter 10 would have to be removed from the Code of Ordinances. Motion to approve-Marks; second Harris; motion passed with all ayes. 13.0 3.1 I REGULAR AGENDA ITEMS I Discuss and consider approval of a resolution authorizing the funding for the Civic Centre to be located on the east side of Paige Road, north of the existing Hawaiian Falls Water Park and south of Worley Drive as presented by staff (Council) Mayor Dillard opened citizen input, but advised those wishing to speak they would be limited to five minutes and a total of thirty minutes would be allotted to citizen input for this item. The following persons spoke in favor or the Civic Center: Timothy Martin Joel Colquitt Ronda Newert David J. Wallace Jeff Connell y Kenneth Gilchrist Dick Ledesma Sheila Thompson Cynthia Parker Christi Martin Toni Watson Steve Parsons and Don Brody spoke against the Civic Center project. 3 February 6, 2006 U U () , , t'i "" " t__ . ,~..; Valerie Longo Connelly stated that she believed the council would make the right decision for the city. Councilmember McCourry stated that he has been part of the committee that has tried different approaches to the project. Councilmember McCourry stated there is not an adequate meeting place in the city and there needs to be a balance between the sports opportunities and arts opportunities in the city. City Manager Dale Cheatham stated there was about $1,000,000 from bond money, $500,000 from the Community Development Corporation and around $100,000 from the hotel/motel tax available for the project. Mr. Cheatham stated there is also additional money left over from other projects available. Motion to approve-Harris; second McCourry; motion failed with the following vote: Harris, McCourry and Ward voted aye. Dillard, Mikulec, Schrag and Marks voted no. 3.2 Discuss and consider approval of a site plan for The Colony Civic Centre located on the east side of Paige Road, north of the existing Hawaiian Falls Water Park and south of Worley Drive (Bateman) This item was not addressed. 3.3 Discuss and consider approval of a resolution authorizing the city manager to sign a construction contract with guaranteed maximum price for a Civic Centre (Nelson) This item was not addressed. 3.4 Discuss and consider approval of a resolution authorizing the mayor to sign an agreement with the Community Development Corporation for the City to finance CDC's $500,000 contribution for the civic centre over 5 years with CDC making the annual debt service payments. (Nelson) This item was not addressed. 3.5 Discuss and receive direction from Council concerning the civic centre to include the possible reallocation of funds for other purposes (Council) Council questioned what the bond money that has been set aside for the civic center could be used for other than the civic center. City Attorney Bob Hager stated there was a list of items the money could be used for when the bonds where sold. Council asked City Manager Dale Cheatham to provide a list of projects the money could be used for, a list of facility needs, and interest information for the money that is currently in the bank. 4 I I I February 6, 2006 U U {} "..} ~7 , Ut..... x Motion to postpone-Harris; second Mikulec; motion passed with all ayes except for McCourry who voted no. 3.6 Discuss and receive direction from Council on various operating issues which may include but not be limited to Library hours, Senior Citizen's Center hours, use of the Senior Citizen's Center, a receptionist at City Hall, and reallocation of funds. (Ward) Councilmember Ward stated he thought the item should be postponed until the list discussed in item 3.5 above was brought to council. Motion to postpone-Ward; second McCourry; motion passed with all ayes. 3.7 Discuss and consider appointing city council member(s) to attend the annual ICSC tradeshow, May 21-24, 2006 (Terrall) Economic Development Director Tom Terrall discussed with the council the importance of having council members at the ICSC tradeshow. Council decided that Council members Harris and Marks would attend the conference with Mr. Terrall. Motion to approve with Council members Harris and Marks attending the ICSC tradeshow- McCourry; second Schrag; motion passed with all ayes. 3.8 Discuss and consider approval of an ordinance amending Chapter 10, Article III of the Code of Ordinances regarding Food and Food Establishments (SI05-0001 Bateman) Planning director Donna Bateman explained to the council the food handler requirements and inspection and grading process. She also stated that the ordinance only required people handing food who where employed to get the cards. This would exempt persons who where volunteering from having to obtain a food handlers card. Councilmember Harris stated he agreed with the public posting of the results. Councilmember Marks was concerned that a restaurant could have a score of "c" indefinitely and not be closed. Motion to approve-McCourry; second Marks-Motion passed with all ayes. 3.9 Discuss and consider voiding an engineering contract with Halff Associates, Inc. for services on Memorial Drive, Paige Road, and South Colony (Johnston) Assistant City Manager Tony Johnston gave a history of this contract with Halff Associates and explained to council the need for voiding the contract. Mr. Johnston stated because of new development in the city, the priority list for roadwork that was originally submitted to council for this contract has changed. 5 February 6, 2006 UGb;_~;)j Councilmember Harris asked staff if any land would need to be taken for the north end of Paige Road to be expanded to six lanes. City Engineer Gordon Scruggs stated there might be some land taken, but it has not been determined yet. Motion to approve-Marks; second McCourry; motion passed with all ayes. 3.10 Consider approval of a resolution authorizing the city manager to sign an engineering services contract with Halff & Associates, Inc. for Memorial Drive and Paige Road (Johnston) Assistant City Manger Tony Johnston explained to council the need for this contract. Mr. Johnston stated the Texas Department of Transportation wants an additional major north/south thoroughfare through the city. Mr. Johnston also told the council that this contract will include a sewer line that will run along Paige and then cut west on Yager. City Engineer explained that it will be easier to put the sewer line in while the road is being constructed. Councilmember Marks said the people in his section of Paige Rd. did not want the road expanded to six lanes. Marks said the expansion would take away from the neighborhoods. City Manager Dale Cheatham said the council had agreed to expand Paige Rd. to six lanes when the agreement was made with TxDOT. Motion to approve-McCourry; second Harris; motion passed with all ayes. .3.11 Consider approval of a resolution authorizing the city manager to sign a development agreement with Flournoy Development Co. for the purchase of two western lanes of South colony Blvd. From Memorial Dr. to SH 121 (Johnston) Assistant City Manger Tony Johnston explained the developer agreement to the council. Councilmember Harris asked if the owner of the undeveloped property on the southwest comer of the Soutp. ColonylMemorial intersection would have to reimburse the city when the property was developed. Mr. Johnston stated the developer would have to pay the city impact fees to cover the cost of the road. Motion to approve-Harris; second Marks; motion passed with all ayes. 3.12 Consider approval of a resolution authorizing the city manager to sign an engineering design contract for thoroughfares to be reimbursed by Denton County per MOD (Johnston) Assistant City Manger Tony Johnston told the council this item is the second Interlocal reimbursement agreement with Denton County. Councilmember Schrag asked staff if the design would match what is currently in place in the city. City Engineer Gordon Scruggs stated the design would be consistent with what is already in the city. Motion to approve-Harris; second McCourry; motion passed with all ayes. 6 I February 6, 2006 u u () ;.J ~> . '"' . _.I Council convened to Executive Session at 9:30 .m. 4.0 EXECUTIVE SESSION 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 possible annexation of extraterritorial jurisdiction adjacent to the City . Reconvene to Open Session at 10:07 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 possible annexation of extraterritorial jurisdiction adjacent to the City. I No action on this item. And with no further business to discuss the meeting was adjourned at 10: 10 p.m. I APPROVED: ATTEST: /~ity~ecretary ~-\rP- ,(",.Y l<~ <S. " (So.'J.i , .x; . ~. ~ 7