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HomeMy WebLinkAbout07/10/2006 City Council July 10, 2006 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON July 10, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:07 p.m. on the 10th day of July 2006, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Mayor Pro-tern Councilmember Councilmember Councilmember Present (Arrived 7:17) Present Present Present Present Absent 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- Mayor Pro-tern McCourry called the meeting to order and announced that Mayor Dillard was running late. Invocation - Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Oath of Office - City Secretary Christie Wilson administered the Oath of Office to newly elected council member John Marshal1. Presentation to Council by ZelIa Tyson with Pedi-Place. ZelIa introduced members of the Board of Directors who spoke briefly about Pedi-Place and the city's recent contribution. They presented an appreciation plaque to Mayor Pro- tern McCourry who accepted on behalf of Mayor Dillard. Update from Danny Hodges with TXU regarding street light repairs on Paige Road and South Colony Boulevard- Mr. Hodges advised that progress has been made but the work is ongoing on these two streets. Citizen Input- none Announcement of upcoming civic events and actIvItIes - Mayor Dillard announced that Councilmember Schrag was absent from this meeting. Also stated that at the next council meeting, city officials will have Open Government Training. There is a Comprehensive Plan update meeting scheduled for August 10th at 6:30 p.m. Councilmember Marks- Sail Fair September 16-17. I I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. July 10, 2006 I 2.0 2.1 2.2 I CONSENT AGENDA I Consider approval of minutes of council meetings held June 19, 23, and 26, 2006 (Wilson) Discuss and consider approval of an ordinance amending the 2005-2006 municipal budget to provide for the transfer of funds from the General Fund to the Community Center Fund, to amend Civic Center Fund to include the Community Center budget from July 1st to September 30th, 2006 and to rename the Civic Center Fund to the Community Center Fund (Koo/Nelson) I Motion to approve above consent agenda items- McCourry; second by Harris; motion passed with all ayes. Items 2.3, 2.4, and 2.5 were pulled from the consent agenda by Councilmember Harris for separate discussion. 2.3 Consider approval of an ordinance amending the 2005-2006 municipal budget and authorizing the purchase of a replacement emergency generator and transfer switch for Fire Station No.1 (Nolen) Fire Chief Mike Nolen advised that the emergency generator at Station 1 has failed and needs to be replaced. This replacement will serve present and future needs at the facility. Motion to approve- Harris; second by Marks; motion passed with all ayes. 2.4 Consider approval of a resolution authorizing the purchase of an EMC NS350 Data Storage System with funding from Certificates of Obligation, Series 2006, debt issuance, from EMC Corporation (Koo) I Councilmember Harris questioned IT Manager Matthew Johnson about the equipment requested. He suggested that other vendors offered solutions that would be sufficient. Mr. Johnson responded with his opinions on why this equipment would best serve the city, adding that data storage needs are . . mcreasmg. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 2.5 Consider approval of a resolution authorizing the purchase of Cisco Core Switches with funding from Certificates of Obligation, Series 2006, debt issuance, from MTM Technologies, Inc. (Koo) Matthew Johnson confirmed to council that these switches will offer voice over IP solutions in the future. He added that some of the existing hardware has some salvage value. Motion to approve- Harris; second by McCourry; motion passed with all ayes. I 2 July 10, 2006 I 3.0 I REGULAR AGENDA ITEMS I Mayor Dillard asked that item 3.5 be considered at this time. 3.5 Discuss and consider approval of a resolution to amend the Finance Director organizational chart to include the Community Center (Council) Mayor Dillard asked for citizen input at this time. Citizen Don Brody said that he believed that Parks and Recreation is a better location than Finance for the Community Center. David Munden said that a recreational facility is not financial. Mayor Dillard asked council if they would like to table this item until Councilmember Schrag is present. Councilmember Mikulec asked whether items 3.8 and 3.9 should be tabled also since Councilmember Schrag was absent. Councilmember McCourry agreed [since a vote on this is based on the city Charter] . Motion to table until the next meeting- McCourry; second by Harris; motion failed with a tie vote. Ayes- Dillard, Harris, McCourry; Nos- Marshall, Mikulec, Marks I Councilmember Marshall said that he believes the city manager should manage staff matters and that he believes this should stay in Parks and Recreation. Councilmember Marks also was in favor of leaving in Parks and Recreation. He noted that the city manager did not make this recommendation. He made a motion to that the Community Center stay under the P&R Department. City Attorney Bob Hager then advised that this motion wording was not appropriate to the agenda wording. Councilmember Marks then rescinded the motion. Kirk Mikulec asked if there is a tie vote, what would happen to the agenda item. Bob Hager advised the item would fail and no action would occur regarding the organizational charts. Councilmember McCourry commented that no one's capabilities are in question with this proposal and reviewed the background on this matter. Motion to approve 3.5 as stated- McCourry; second by Harris Councilmember Mikulec asked the city manager for his position on making this organizational chart change. Dale Cheatham stated he recommends the Community Center stay with Parks and Recreation. Councilmember Mikulec stated he supports the city manager on this issue. Councilmember Harris stated this will not affect services; it's just an organizational change. He referenced a prior vote (March 10th) where this item passed with a vote of the council for a period of one year then re-evaluate it (he was absent). He stated he will vote in favor of it. I Motion failed with a tie vote. Ayes- Dillard, Harris, McCourry; Nos- Marshall, Mikulec, Marks 3 July 10,2006 At this time Mayor Dillard asked that items 3.8 and 3.9 be pulled from the agenda until the August ih meeting. I Motion to consider 3.8 and 3.9 tonight- Harris; second by McCourry; motion failed. Per City Attorney Bob Hager the Mayor's request to table 3.8 and 3.9 until August ih stands. 3.1 Discuss and consider approval of a resolution authorizing a city Adopt-A- Street Program and approving the Terms and Conditions Agreement (Gilman) Environmental Coordinator Terry Gilman briefly reviewed the program and clarified the anticipated costs. It was noted that some of the initial start up costs could come from the Beautification Fund. Motion to approve- Harris; second by McCourry; motion passed with all ayes except for Mikulec who abstained. 3.2 Discuss and consider approving the funding source and discount option for the Quint fire apparatus for the new fire station at North Colony and Main St. (Nolen) Fire Chief Mike Nolen reviewed the options for payment of the Quint fire apparatus, those being either a future bond issuance or existing bond proceeds previously earmarked for a civic center, and discount options. He added there is an October delivery date for the equipment and asked for direction from council. I Motion to approve use of the civic center funds from the 2003 Series Certificates of Obligation, and Options 1 and 2- Harris; second by Marks; motion passed with all ayes. 3.3 Discuss and consider approval of an ordinance amending Chapter 6, Article I, of the Code of Ordinances to provide a requirement for the installation of residential fire sprinklers in duplexes and town homes in the city (SI06-0039, Bateman) Donna Bateman advised this request is at the request of both the Fire and Inspections departments. She reviewed the current ordinance regarding sprinklers, and added this proposed ordinance does not include single family or duplexes less than six thousand square feet. She confirmed that the local developers had been contacted regarding this proposal (none were present). Citizen Don Brody spoke against this ordinance. Bob Hager advised this ordinance is not retroactive and applies to new construction only. Fire Marshall Carl McMurphy said the systems required would be charged with water. I Councilmember Marshall advised that his insurance company did not offer him a home owner rate reduction when he was considering a sprinkler system due to the 4 July 10, 2006 I potential for leaks and inadvertent activations. He added that alarms systems offer the same benefit to protect lives, and that the systems are costly. Councilmember McCourry and Fire Chief Nolan both commented that some insurance companies will offer a discounted rate while others will not. Councilmember Harris spoke in favor of the sprinkler systems, adding that statistics have shown that there has been no loss of life when sprinkler systems are installed. Mayor Dillard spoke in favor of this ordinance as well. Donna Bateman advised the council that presently three story (and over) multifamily buildings must have sprinklers, but multifamily with two stories do not have the same requirement. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.4 Consider authorizing the use of Hotel Occupancy Tax funds for rental of Friendship Baptist Church for Lakeside Community Theater performances and rehearsals to be held October 2006 and advertising (Nelson) Pam Nelson stated that this alternate location for an October theater performance is proposed based on the church offering a reduced rental rate. The request is to use the Hotel Occupancy Tax funds to rent the facility and do some advertising. I Citizen David Wallis, artistic director for the LCT, spoke in favor of this item and added there are no production costs included in this request. Shasha Truman- McConnell told the council there needs to be a better facility. Councilmember Harris advised there are funds available to use for this that do not cost the tax payers. Councilmember Marshall asked LCT representatives how they intend to fill the seats. He added that he is opposed to this item. Citizen Christi Martin told the council that the productions are done on a volunteer basis and do provide a service to the community. Councilmember Marks commented that in the past he has been concerned with such risks, however spending $2,100 is very low risk, and will give [the theater group] opportunity to prove what they can do. City Manager Dale Cheatham confirmed there are limited uses for the HOT funds- arts, tourism, and publicity. Motion to approve $1,600 for rent and $500 for advertising- Harris; second by McCourry; motion passed with all ayes except for Marshall and Mikulec who voted no. Councilmember Mikulec commented that he would like the Cultural Arts Board to make recommendations on how the Hotel Occupancy Tax funds should be spent. I 3.6 Discuss and consider approval of a resolution amending the rental policies for The Colony Community Center (Koo/Nelson) 5 July 10, 2006 Pam Nelson reviewed the proposed changes, adding that staff recommends no alcohol be allowed in the facility. Motion to approve with no alcohol- Harris; second by Marshall; motion passed with all ayes. I 3.7 Discuss and consider approval of a resolution amending the Master Fee Schedule to include Community Center rental fees (Koo/Nelson) Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.8 Discuss and consider approval of a resolution authorizing the city manager to enter into a License and Use Agreement with Lakeside Community Theater to utilize the Arts Center located at 6301 Main St. (Schrag) Tabled until August 7, 2006. 3.9 Discuss and consider approval of a resolution authorizing the city manager to enter into a License and Use Agreement with Dick Ledesma, owner of The Art Zone, to utilize the Arts Center located at 6301 Main St. (Schrag) Tabled until August 7,2006. 3.10 Discuss and consider approval of a resolution authorizing the city manager to enter into an engineering services contract with Halff Associates, Inc. for a drainage study at Bill Allen Memorial Park, Roberts Drive alley, and Lakecrest Drive, and approve related budget amendment ordinance (Scruggs) I City Engineer Gordon Scruggs reviewed the three locations that will be the subject of this study, which will provide a cost estimate to repair all three. Discussion followed regarding whether the city of Frisco might take some of the responsibility for the erosion at Bill Allen Park. Motion to approve- McCourry; second by Marks; motion passed with all ayes. 3.11 Discuss and consider approval of a resolution authorizing the city manager to enter into a construction services contract with Texas United Excavators for the installation of Automatic Flush Valves on dead-end city water lines (Scruggs) Gordon Scruggs explained the nature of this item and reviewed the flushing process. By installing these valves to flush out existing dead-end lines, many staff labor hours can be saved since this monthly task won't need to be done manually. He added that the timing of the flushes will change according to the seasons. The funding is available from the 2006 Certificates of Obligation. Councilmember Harris questioned whether these have the capability of being controlled by a wireless method, and how will it be known that they are working I 6 July 10, 2006 I properly. Gordon said they will periodically test the valves, and he will check out wireless capability. The question was raised as to whether a return on investment analysis had been performed. Gordon replied no. Councilmember Mikulec asked Gordon to check on future upgrade possibilities for wireless. Motion to approve and request staff to look into the possibility of wireless- Harris; second by Marks; motion passed with all ayes. 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 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. Bob Hager advised they do not need to meet in Executive Session on this item. He advised he will meet with the new councilmember and brief him on the situation. He added the trial on this matter will be in November. And with no further business to discuss the meeting was adjourned at 9:53 p.m. I APPROVED: ATTEST: ^' 1.. //1 " V]/u'4-f~ LL)t-Q ~ istie Wilson, TRMC, City Secretary I 7