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Home My WebLink About10/16/2006 City Council October 16, 2006 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON OCTOBER 16, 2006 ,.... ,n, ~) rj 0 " , , 'l'J ". i , . UCi~ 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 16th day of October 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 Councilmember Councilmember Mayor Pro-tern 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 - J oel Watson, Colony Park Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation - Mayor Dillard presented a proclamation to Library Director Joan Sveinsson for Teen Read Week. Citizen Input- None Presentation from The Colony Inaugural Leadership Class - Lynn Jackson and Don Beckel representing the Chamber of Commerce Leadership Class presented the city with a framed land grant map of this area dating back to 1836. Don explained that each class has a project and theirs was to research the history of The Colony. In their research they discovered that heirs of Samuel Evans who died at the Alamo received a land grant here as a result of his service in the Texas V olunteer Army. Don added that The Colony is the location of the oldest settlement in Denton County. The map will be on display in the Library. Announcement of upcoming: civic events and activities 1_ Public Works Director Steve Eubanks announced that the changes to the intersection of Morningstar and S.H. 121 (closure ofteft turn) are delayed due to recent rain. He added that Main Street will be closed at S.H. 121 for a few hours, possibly this Saturday, for installation of overhead beams at that overpass. Standridge will be another location for this type work but will be closed during the week rather than a I I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. .... -.. ..-.. 1--. <, October 16,2006 Saturday. Gordon Scruggs advised the council that Dallas Water Utilities will soon close and relocate the 36" water transmission line, and will not be providing water the The Colony for up to two days. The city's storage tanks will be filled and utilized during this period. David Swain with Parks and Recreation announced Fall Fest, October 291\ 4 p.m., in the gym at the Rec Center. Admission is free. Mayor Dillard announced it was Allen Harris' birthday today. I I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meeting held October 2, 2006 (Wilson/Kelly) 2.2 Consider approval of council expenditures for September 2006 (Council) 2.3 Consider nominating Deputy Mayor Pro Tern Allen Harris to the Regional Emergency Preparedness Planning Council (Council) 2.4 Consider approval of monthly billing through the utility billing process for the annual backflow inspection fees (Koo) 2.5 Consider approval of a resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County for the funding of Library services (Sveinsson) Motion to approve above consent agenda items- McCourry; second by Marshall; motion passed with all ayes. 13.0 3.1 I REGULAR AGENDA ITEMS I First reading, discuss and consider an ordinance amending Chapter 5 of the Code of Ordinances relating to Animal Control (Clark) Police Chief Joe Clark said the entire animal control chapter has been rewritten and reviewed by the Animal Advisory Board. Notable changes include a section on Confinement of Animals, limiting the length of leashes to six feet, reporting animals injured by vehicles, sale of animals in public areas, and restricting the length of time animals can be tied to a stationary object. Councilmember Marshall advised that Section 5 A( d) regarding Animals in Public Places may conflict with a possible upcoming "dog park". Chief Clark stated an amendment could be added to address that. The city attorney read the caption. I 3.2 First reading, discuss and consider an ordinance amending Chapter 13 of the Code of Ordinances relating to maintaining premises for consumption of alcohol or drugs by minors (Clark) Chief Clark explained that this ordinance will prohibit individuals who own or are in control of a premises to allow a social gathering where alcohol or a controlled substance are unlawfully possessed, used, or consumed by minors. Mayor Dillard read the caption. 3.3 Discuss and consider approval of a resolution authorizing the extension of a temporary fuel surcharge for Waste Management (Gilman) I Mayor Dillard pulled this item from the agenda and it was not discussed. 2 r\ ".... , ,..... "'. I October 16, 2006 ;} I' . 3.4 Discuss and consider changes to the 2006-2007 Master Fee Schedule regarding alarm permit and false alarm fees and authorize a resolution adopting an amendment to the schedule (Clark) Chief Clark advised the council that their previous adoption of a $100 false alarm fee for having over five false calls in a twelve-month period was in conflict with state law. He presented the state's maximum false alarm fees. Motion to modify the fee schedule and adopt the state maximum for the 6th and 1h calls of $75, and $100 for eight or more calls- Harris; second by McCourry Councilmember Marks questioned Chief Clark about manpower and how the five allowable false alarms affect the department. Chief Clark advised that all alarm calls are responded to by law, and that the number of calls is down from previous years. He added that residential home owners have not paid any excessive false alarm fees this year. (The school district has the most false alarms but is exempt from fees.) Discussion followed regarding possibly lowering the number of allowable false alarms and it was determined that the ordinance would have to be amended to do so. Councilmember Harris requested that Chief Clark bring back an amendment to the ordinance. Motion passed with all ayes. 3.5 Discuss and Coordinator, (Council) provide direction to staff regarding the Special Events Landscape/Irrigator, and Engineering Intern positions I Pam Nelson addressed the council regarding the Special Events Coordinator and the Landscape/Irrigator positions. She presented council with planned job duties, statistics on work load and reasoning for requesting these two positions. Overtime is currently being paid to cover the extra work load. Gordon Scruggs explained the scope of the Engineering Intern position, adding that the position requested is for twenty hours per week. Motion to approve the Engineering Intern- Marshall; second by Schrag; motion passed with all ayes. Motion to approve the Landscape/lrrigator- Harris; second by Schrag; motion passed with all ayes. Motion to approve the Special Events Coordinator- Marshall; second by Marks; motion passed with the following vote: Ayes- Dillard, Marshall, Mikulec, Marks Nos- Harris, McCourry, Schrag I 3.6 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering services contract with Chiang, Patel & Yerby, Inc. for a water supply study (Scruggs) 3 October 16, 2006 Gordon Scruggs explained to the council that regulatory permitting issues may hinder approval by TCEQ of an Aquifer Storage Recovery (ASR) well on Wynnwood Peninsula. In addition, there are problems with Well Site No.3 that may require rehabilitation or replacement. This proposed well study will evaluate alternative approaches to meeting the city's future water needs. I Councilmember McCourry expressed his concerning about paying for another study when the council previously made a decision about moving forward with ASR wells. After much discussion among council members regarding this contract the following motion was made. Motion to table this item until the second meeting in November for staff to present more information-Harris; second by Marks; motion passed with all ayes except for Marshall who voted no. 3.7 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering services contract with Chiang, Patel & Yerby, Inc. for preparation of engineering design plans and specifications for Phase I Water Main Replacements (Scruggs) City Engineer Gordon Scruggs stated that the proposed contract is for design plans of the first four water main replacements as presented in the Preliminary Design Report. Locations include Ragan Place, Cockrell Circle, Crawford, and Wheeler Circle. He added these will be paid from the 2006 Certificates of Obligation. Councilmember Harris asked whether any of these locations are on the street reconstruction schedule and Gordon replied that Crawford is on that schedule. After further discussion with Assistant City Manager Tony Johnston it was determined to do some revisions to the schedules and do the water main replacement along with the street replacement on Crawford. I Motion to approve- Marshall; second by Marks; motion passed with all ayes. 3.8 Discuss and consider approval of a resolution authorizing the city manager to execute an Improvement Construction and Maintenance Agreement with Wal-Mart for construction of a connecting roadway from the Wal-Mart parking lot to Memorial Drive (Johnston) Tony Johnston told the council that this project to improve traffic in and out of Wal-Mart has been ongoing for a year and a half. As a result of a collaborative effort with Wal-Mart officials, an agreement has been reached for construction of a new connecting roadway from the Wal-Mart parking lot to Memorial Drive on the west end. The city will build the road and Wal-Mart will reimburse the city for up to $130,000.00. Motion to approve- Harris; second by Mikulec; motion passed with all ayes. 3.9 Discuss and consider authorizing acceptance of a Special Warranty Deed from Colony 34 Ltd., a Texas Limited Liability Company, granting 7.165 acres of property to the City of The Colony for construction of a connecting roadway from the Wal-Mart parking lot to Memorial Drive (Johnston) I 4 October 16,2006 ,,-\ /~. 0 " 0 A' jUubo I Tony advised the land owners did not want to sell the needed property to Wal- Mart for the new roadway, but would donate the land to the city. The city will be responsible for maintaining the property. A Special Warranty Deed filed with the County will transfer ownership of the land to the city. Motion to approve- Harris; second by Mikulec; motion passed with all ayes. 3.10 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering design contract with Kimley-Horn for a connecting roadway from the Wal-Mart parking lot to Memorial Drive (Johnston) This contract is for design of the new connecting roadway from the Wal-Mart parking lot to Memorial Drive. The cost will be reimbursed by Wal-Mart. Motion to approve- McCourry; second by Marshall; motion passed with all ayes except for Mikulec who abstained. 3.11 Discuss and take appropriate action concerning dress standards for the City Council (Dillard) I After a brief discussion among council members regarding the possibility of allowing business casual dress during council meetings, and whether to limit the relaxed attire to certain months during the year, such as the summer months, the following motion was made: Motion to approve Business Casual dress year round for city council members during council meetings, effective immediately-Harris; second by McCourry; motion passed with all ayes. 3.12 Discuss and provide direction concerning regional transportation issues (Dillard) Council discussed possible legislation that could affect city's choices in regard to regional transportation and taxes. Denton County Transportation Authority representative Fernando Villarreal told the Council that he has voiced the city's concern about the issues to no avail. The Mayor asked whether a traffic study would be helpful, or perhaps a citizen survey, to help determine what the city needs. Mayor Dillard asked the city manager to work on a resolution for all council to sign, to request traffic flow data from the North Central Texas Council of Governments, and perhaps contact a consulting firm. Councilmember Schrag suggested council stay involved with TxDOT for input at the next legislative seSSIOn. I 14.0 4.1 I EXECUTIVE SESSION 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. 5 -, ~ n ~) u 0~.) . October 16, 2006 Executive Session was not held. And with no further business to discuss the meeting was adjourned at 10: 10 p.m. ATTEST: ~i , { , - 'slie Wilson, ~ ity Secretary APPROVED: I I I 6