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Home My WebLink About06/05/2006 City Council June 5, 2006 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 5, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 5th day of June 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 Absent (business) Present Present Schrag (business) 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 -Colony Park Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Administer Oath of Office to Mayor and Council Member Place 1- City Secretary Christie Wilson issued the Oath of Office to Mayor John Dillard and Councilmember Allen Harris. Proclamations - none Citizen Input- Lynn Moore, who stated he is the vice-chair of the Lakeside Community Theater, asked council to carefully choose a specialist to evaluate the mold before any money is spent. Nancy Evans spoke concerning the run-down appearance of the some of the older parts of town, stating that the city may be too lenient with violators. She also asked what the occupancy limit is for homes. Report regarding environmental conditions at Lakeside Arts Center- Terry Gilman informed the council of the mold situation. Announcement of upcoming civic events and activities 1_ Voting information for June 17th run-off election was reviewed by Mayor Dillard. Mayor Dillard advised two council members were absent due to business. Allen Harris announced that the American Legion wants to open a post in The Colony and asked for interested veterans to attend an upcoming meeting. I I J These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. June 5, 2006 I 2.0 I CONSENT AGENDA I 2.3 Consider approval of a resolution authorizing the city manger to enter into a License and Use Agreement between the City of the Colony and Talley Amusements for operations of a temporary carnival and approving the use of I city property, the Five Star Complex, for the location of the carnival (Nelson) 2.4 Consider approval of a resolution authorizing the city's participation in the Denton County Interjurisdictional Mutual Aid Agreement (Nolen) 2.5 Consider approval of an ordinance amending the existing franchise with TXU changing from annual to quarterly payments and extending the franchise agreement term (Sparkman) 2.6 Consider approval of an ordinance amending the Code of Ordinances, Chapter 6, Article I, Section 6-1(c) Amendments, Section R105.2(l) of the 2003 International Residential Code as it relates to work exempt from building permit requirements (SI06-0037, Bateman) Motion to approve above consent agenda items- McCourry; second by Harris; motion passed with all ayes. Mayor Dillard asked for item 2.1 to be voted on separate so that he may abstain due to his absence May 15th. 2.1 Consider approval of minutes of council meetings held May 15 and 22, 2006 (Wilson) Motion to approve McCourry; second by Marks; motion passed with all ayes exceptfor Dillard who abstained. Councilmember Harris asked for this item to be discussed separately. 2.2 Consider approval of a resolution authorizing the city manager to enter into a contract with a sole source provider for the purchase of a ToastMaster Tapeless Meeting and Event Recording System and approve an ordinance amending the 2005-2006 fiscal budget to allocate funds for same (Koo) I Rush Beesley with Rushworks Media reviewed the features of the proposed equipment, including the fact that updating can be done from a remote location. He added that the first year of support is included in the quote. Installation of the new equipment will include cabling and fittings, and that the cable will need to be installed by others, possibly city staff. Domes for the cameras are not included in the quote. Motion to approve to include four domes- Harris; second by McCourry; motion passed with all ayes. 13.0 3.1 I REGULAR AGENDA ITEMS I Conduct a public hearing and consider approval of an ordinance, on second reading, to voluntarily annex 26.723 acres of State Highway 121 right-of- way, generally located on the south side of State Highway 121, south of the City of the Colony and to provide a zoning designation of same (A06-0002, Bateman, 2nd reading) I 2 June 5, 2006 I Donna Bateman advised this is the final public hearing and reading of the annexation ordinance, which also zones the area as agricultural. She stated the area is the eastbound travel lanes of S.H. 121. She clarified that this area is currently not included with the S.H. 121 Master Plan. Mayor Dillard opened and closed the public hearing at 7:35 p.m. with no one wishing to speak. Motion to approve- McCourry; second by Harris; motion passed with all ayes. 3.2 Discuss and consider authorizing mold testing and remediation at Lakeside Arts Center and approve funding for same from the Hotel Occupancy Tax fund (Gilman) Terry Gilman informed the council that preliminary tests have been done which show that there is an interior hallway affected by mold. This request is to cover the cost of the testing, remediation, and retesting, and should cost less than $12,000.00. Council members Marks and McCourry expressed concern that we don't have a firm estimate. Motion to table for two weeks to get a price- McCourry; second by Marks; motion passed with all ayes. I 3.3 Discuss and reconsider Resolution 06-040 dated April 17, 2006,which authorized a fuel surcharge for IESI (Gilman) Dick Damine with IESI was present to answer questions regarding the fuel surcharge that is now in place. He told the council that fuel is estimated at 5 % of the cost of doing business, however, there are a lot of variables involved. He added that this surcharge is tied to the cost of diesel fuel. Councilmember Harris commented that the cost of diesel is lower now that it was when this was originally approved, and that the CPI increase should be sufficient. Councilmember Harris then made the following motion: (first motion) Motion to cease the surcharge and authorize a resolution; Motion died for lack of a second. (second motion) Motion to continue at 10 cents and authorize a resolution; Councilmember McCourry commented that the original request by IESI was for 40 cents and council lowered it to 25 cents. Motion died for lack of a second. 3.4 Discuss and consider approval of a resolution amending residential sanitation rates (Gilman) I Terry Gilman told the council that this item was tabled from a previous meeting, and that the contract with IESI allows for the annual adjustment. 3 June 5, 2006 Motion to approve- Harris; second by Marks; motion passed with all ayes. Mayor Dillard advised he is moving item 3.6 to be discussed prior to 3.5 3.6 Discuss and consider a request by staff to reject the bids received for a construction services contract to install an Aquifer Storage and Recovery (ASR) water supply well at the Wynnwood Pump Station (Scruggs) I City Engineer Gordon Scruggs explained the scope of this project, adding that the bids received were substantially higher than originally estimated. Staff requested that the bids be rejected and to re-bid the project in six months. Motion to reject all bids- Harris; second by McCourry; motion passed with all ayes. 3.5 Discuss and consider approval of a request from the Sail Fair Committee for city sponsorship of the 2006 Sail Fair festival by granting permission for use of Stewart Creek Park and waiving the entrance fees to the park on 9/16 and 9/17, granting permission for all Sail Fair revenue and expenditures to be handled through the Special Events Fund, and approval of an ordinance amending the 2005-2006 fiscal budget by transferring $75,000 from the Hotel Occupancy Tax Fund to the Special Events Fund for use by the Sail Fair Committee for the 2006 Sail Fair festival (Nelson) David Swain, P&R Department, introduced Nancy Dillard who spoke on behalf of the Sail Fair Committee. She provided an overview of the plan, stating they want this to be an annual event featuring the lake. Councilmember McCourry requested an executive seSSIOn on this item. The executive session lasted from 8:17 p.m. to 8:50 p.m. I (first motion) Motion to approve the dates of September 16-17 and to allow use of the park at no cost- McCourry; second by Mikulec; motion passed with all ayes. (second motion) Motion to approve the budget amendment ordinance with a change in the dollar amount to $75,000 in Section 3 and to authorize it be taken from the Hotel Occupancy Tax- McCourry; second by Mikulec; motion passed with all ayes. Executive Session was convened at 9:00 p.m. I 4.0 I 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 the Austin Ranch Development Agreement and Contract for acquisition of property within Austin Ranch between the City of The Colony and the Billingsley Corporation, et al; and, to seek legal advise I 4 June 5, 2006 from the City Attorney regarding legal zoning issues within said Development. I Reconvened Open Session at 10:00 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. No action. B. Any action as a result of executive session regarding the Austin Ranch Development Agreement and Contract for acquisition of property within Austin Ranch between the City of The Colony and the Billingsley Corporation, et al; and regarding legal zoning issues within said Development. (first motion) Motion to approve the purchase and sale agreement between the City of the Colony and Crow-Billingsley Piano Parkway, Ltd. for 1.5 acres-- Harris; second by Mikulec; motion passed with all ayes. (second motion) Motion to approve the purchase and sale agreement between the City of the Colony and Crow-Billingsley Piano Parkway, Ltd. of 4.0 acres- Harris; second by Marks; motion passed with all ayes. I And with no further business to discuss the meeting was adjourned at 10:03 p.m. APPROVED: ATTEST: ~ ~ >{/ -A-.f )~~~ istie Wilson, TRMC, City Secretary I 5