HomeMy WebLinkAbout11/06/2006 City Council
November 6, 2006
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MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
NOVEMBER 6, 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 6th day of November 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:
2.2
ROUTINE ANNOUNCEMENTS,
PROCLAMATIONS:
Call to Order
Invocation -Holy Cross Catholic Church
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Proc1amation- Veteran's Day Proclamation read by Mayor Dillard.
Citizen Input- Dennis Hamilton spoke to the council about what he believes to be
selective enforcement of parking violations, particularly around his house.
Announcement of upcoming civic events and activities 1_ Veterans Day
Ceremony planned for Saturday, November 11 th at Five Star. Mayor Dillard also
announced that several council members recently attended Denton County
Legislative Day. Also, November ih is Election Day.
I CONSENT AGENDA
Consider approval of minutes of council meeting
(Wilson)
Consider approval of an ordinance, on second reading, amending Chapter 5
of the Code of Ordinances relating to Animal Control (Clark)
Consider approval of an ordinance, on second reading, amending Chapter 13
of the Code of Ordinances adding Article IX, Sections 13-100 through 13-104
relating to maintaining premises for consumption of alcohol or drugs by
minors (Clark)
RECOGNITIONS
AND
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2.1
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held October 16, 2006
2.3
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I These items are strictly public service announcements. No action will be taken and no direction will be given
regarding these items.
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November 6, 2006
2.4 Consider approval of an ordinance amending Chapter 13 of the Code of
Ordinances providing for a maximum of three false alarms before assessing a
fee and authorizing suspension for twelve false alarms in a twelve month
period (Clark)
2.5 Consider approval of a resolution amending the Master Fee Schedule
regarding false alarm fees (Clark)
2.6 Consider approval of canceling the November 20, 2006 city council meeting
(Cheatham)
2.8 Consider approval of a resolution adopting the Investment Policy of the City
of The Colony (Koo)
2.9 Consider approval of a resolution adopting the Financial Management and
Debt Management Policies of the City of The Colony (Koo)
2.10 Consider approval of a resolution designating the Denton County Health
Department as the city's Local Health Authority (Wilson)
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Motion to approve above consent agenda items- McCourry; second by Marshall;
motion passed with all ayes.
Councilmember Harris pulled item 2.7 for separate discussion.
2.7 Consider approval of a recommendation from the Cultural Arts Board for
use of the Lakeside Arts Center building by Ballet Plus (Margolis)
Councilmember Harris asked Mayor Dillard to read a letter submitted by Neal
Whitmore of the Cultural Arts Board regarding the use of the building by multiple
groups. He asked that the letter be read in his absence.
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Motion to approve- Harris; second by McCourry; motion passed with all ayes.
Councilmember Marks pulled item 2.11 for separate discussion.
2.11 Consider approval of a resolution for a regional rail system which requires
funding approval from the city (Council)
Councilmember Marks asked for clarification on the funding. Mayor Dillard
explained that the purpose is to support leaving the decision to fund a regional rail
system up to local entities, not the state. Mayor Dillard read the following text of
the resolution:
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
ENDORSING A REGIONAL RAIL SYSTEM FOR NORTH
CENTRAL TEXAS THAT PROVIDES TRANSPORTATION
OPTIONS FOR ITS CITIZENS ONLY THROUGH THE SUPPORT
OF A FUNDING PLAN APPROVED BY THE MUNICIPALITY.
WHEREAS, the City of The Colony is committed to supporting regional efforts
addressing the mobility and air quality needs of its citizens and future generations; and
WHEREAS, the citizens of The Colony want to ensure that the quality of life
remains high in the region and our economy strong and competitive, and transportation
may play an important role in achieving this goal as the North Central Texas population
continues to grow toward eight million in the very near future; and
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WHEREAS, the City of The Colony is a strong proponent of maintaining a
funding plan approved by the municipality for a regional rail system.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS THAT:
Section 1. The City of The Colony hereby endorses a regional rail system for
North Central Texas only through the support of a funding plan approved by the
municipality.
PASSED, APPROVED and EFFECTIVE this 6th day of November, 2006.
Motion to approve- Marks; second by Harris; motion passed with all ayes.
(All members of council signed the resolution.)
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3.1
I REGULAR AGENDA ITEMS ,
Discuss and consider approval of awarding a $5,000 grant to PediPlace for
medical services provided to children of The Colony, and approve a budget
amendment ordinance (Dillard)
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Zella Tyson, Executive Director of PediPlace, advised the council that PediPlace
offers services to residents (385 last year) at a reduced rate for well checks, sick
visits, and immunizations. Having these services available helps reduce the
number of emergency room visits which results in a cost savings. They also offer
expanded hours. Zella stated they are the only provider of this type of service.
Councilmember Harris stated he would like the city to have a policy or some
criteria established for any non-profit entity to apply to the city for financial
assistance.
Motion to approve a contract for services with the same terms as last year- Marks;
second by Mikulec; motion passed with all ayes except for Harris who voted no.
Mavor Dillard announced at 7:40 p.m. that council would convene into Executive Session
on items 3.2 and 3.3 to ask questions of the city attorney. Open Session was
reconvened at 8:40 p.m.
3.2
Discuss and consider approval of an annexation agreement with residents of
the Water's Edge subdivision (Bateman)
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Councilmember McCourry addressed Mr. Richard Ensweiler (who had requested
to speak on this item) and confirmed that he was the spokesperson for the Water's
Edge Home Owners Association. Councilmember McCourry clarified with Mr.
Ensweiler that the HOA must accept the city's zoning, building codes, and
nuisance ordinances as their minimum standard, and Mr. Ensweiler replied that
was understood. Mr. Ensweiler voiced his concern that the city's zoning requires
30' setbacks to accommodate sidewalks and Water's Edge only requires 25' since
there are no sidewalks. City Attorney Bob Hager advised the council that the (yet
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to be appointed) negotiating team needs to discuss these type differences, similar
to planned developments.
Motion to direct staff to continue working on an annexation agreement and moved that
the mayor appoint two council members to attend with staff at all future
negotiations working toward an agreement with Water's Edge representatives
and that 100 percent of property owners' notarized signatures be brought back
to council no later than the first meeting in February 2007- McCourry; second
by Mikulec.
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Councilmember Marks asked that an annexation date of 2011 be added to the
motion. Councilmember McCourry stated that the committee can negotiate the
dates as agreed upon in recent meetings.
Motion passed with all ayes.
Mayor Dillard added that no citizen input was taken on 3.2.
3.3 Discuss and consider the final reading and approval of an ordinance
annexing the Water's Edge Subdivision located northwest of the city with
access from Augusta and Water's Edge Drive (A06-0001, Bateman)
No action.
3.4
Conduct a public hearing, discuss and consider approval of an ordinance
amending the boundaries of the Gateway Overlay District (SI06-0052,
Bateman)
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Donna Bateman reviewed that council had adopted the Gateway Overlay District
to incorporate Main Street on August 21, 2006. Council had asked that the First
Baptist Church be included.
Public hearing opened and closed at 8:52 p.m. with no one wishing to speak.
Motion to approve- Harris; second by Marshall.
Councilmember Marks stated he thought this (Gateway Overlay District) affected
only buildings facing Main Street. Donna stated the overlay includes all property
within 600-1200 feet of center of Main Street. She said this is intended to
accommodate the widening of Main Street (F.M. 423). There is some residential
property included in case those properties become commercial in the future. The
regulations do no apply to present residential property.
Motion passed with all ayes.
3.5
Conduct a public hearing, discuss and consider approval of an ordinance
amending the Gateway Overlay District regulations (SI06-0030, Bateman)
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Donna Bateman advised that the P&Z Commission has reviewed these regulations
on seven different occasions. She stated the packet material contains the current
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November 6, 2006
regulations as well as proposed regulations that fall into the categories of
streetscapes, buildings, and site design. Among the items presented were dead
tree removal, public amenities required for five-plus acres, connectivity of bike
and pedestrian routes, walls, fences, signage, outdoor storage areas, loading
docks, and building entries. Discussion also included outdoor storage or displays
and whether or not those should be prohibited (as presented), or perhaps limited
some other way. Donna said she would check out other cities. In regard to
building standards, Councilmember McCourry questioned the section on
transitions between developments and the possibility of discouraging
development because of contrast in "scale". Bob Hager advised that other
considerations of materials, styles, and forms also must be taken into
consideration. It was noted that council will be approving all site plans.
Councilmember Mikulec voiced his concern over the restriction of stucco
as an exterior material and asked that it be added to the acceptable exterior
materials list. Donna said that it could be permitted with a special exception. In
regard to exterior colors, Donna stated the regulations include earth tones but
other colors could be included as logos.
Councilmember Schrag asked the city attorney how effective the
terminology of "strongly recommended" or "strongly discouraged" is. Bob stated
that needs to be changed.
Mayor Dillard opened the public hearing at 9:45 with no one wishing to
speak at this time.
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Motion to continue the public hearing until December 4th_Schrag; second by Harris;
motion passed with all ayes.
3.6 Discuss and consider approval of a resolution authorizing the mayor to enter
into an agreement with CoServe Electric for a utility easement through B.B.
Owen Park and Turner Street Park (Nelson/Helms)
Keith Helms advised the council this item is for a 15' easement along the city
limit line of Turner Park and B.B. Owen Park at the request of CoServe. They are
requesting to place the lines above ground due to a creek and trees in the area, and
the expense of underground installation. There is an existing TXU overhead line
they propose to join. Councilmember Harris suggested they put the lines
underground and the city waive the twenty-five thousand dollar fee. Jerry Fielder,
Director of Delivery for CoServe, stated that if that's the way the city wants it
then they will do that, except that there are already TXU above ground poles
being used and want to have permission to use them. They will pay the difference
to install the north leg of the line underground, which will cost forty-five thousand
dollars.
Motion to grant easement with the north leg underground and waive the $25,000
charge- Harris; second by Marshall; motion passed with all ayes except for
Schrag and Marks who voted no.
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3.7
Discuss and consider approval of a resolution authorizing the extension of a
temporary fuel surcharge for Waste Management (Gilman)
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.. - Terry Gilman advised the council that the six month extension is expiring and
Waste Management is requesting an additional six month extension.
Councilmember Marshall stated he doesn't see the justification for the extension.
Council members Harris and McCourry both agreed that prices of fuel today are
still higher than in April of 2005 and that it is justified.
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Motion to approve- Harris; second by McCourry; motion passed with all ayes except
for Marshall who voted no.
3.8 Discuss and consider approval of a resolution authorizing the city manager
to execute a contract with Lawton Commercial Services in the amount of
$63,950.00 for HV AC and heater replacement at city facilities (Gilman)
Councilmember Schrag questioned whether the recent remodeling of the
Community Center was done without new units and the need to replace ten units
there now.
Motion to approve- Marshall; second by Mikulec; motion passed with all ayes.
3.9 Discuss and consider approval of a resolution to lease computer equipment
from Lenovo, Inc. (Johnson)
Councilmember Harris asked IT Manager Matt Johnson why there were no quotes
included in the packet from Dell or HP. Matt said xDell provided one but IBM
came in lower. He added that IBM will provide uniform equipment for all work
stations.
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Motion to approve- Marshall; second by Marks; motion passed with all ayes except for
Harris and McCourry who voted no.
3.10 Discuss and consider approval of a construction contract amendment that
includes Guaranteed Maximum Price for construction of the North Colony
Fire Station, and authorize funding for related architect fees, furniture and
appliances (Nolen)
Fire Chief Mike Nolen reviewed the options for Guaranteed Maximum Price and
recommended Option 1, which has three bays and a clock tower. He added they
will need an additional $944,740.00 for this option, and the amount includes
additional fees for furnishing, appliances, etc.
Motion to approve Option 1- McCourry; second by Harris; motion passed with all ayes.
3.11 Discuss and consider approval of a resolution authorizing the city manager
to execute an Interlocal Cooperation Agreement with Denton County for the
construction improvements on Paige Road and two sections of Memorial
Drive, funded from the MOD Agreement with the county (Johnston)
Assistant City Manager Tony Johnston told the council that this is the third MOU
project. He said it includes construction of six lanes of Paige Road from South
Colony to North Colony, and the construction of two sections of Memorial Drive.
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The first one is the additional two lanes from Blair Oaks to Paige and the second
section is an additional two lanes from Worley to South Colony. The engineering
cost was included in the second MOD project. He added the city would like for
Paige Road to be finished before F.M. 423 construction starts.
Motion to approve- McCourry; second by Marks; motion passed with all ayes.
3.12 Discuss and consider approval of a resolution authorizing the city manager
to execute an Interlocal Cooperation Agreement with Denton County for
reimbursement of fees for legal counsel for matters pertaining to the
widening of F.M. 423 (Scruggs)
City Engineer Gordon Scruggs stated this is the Interlocal Cooperation Agreement
with Denton County to reimburse fees for legal counsel in regard to the widening
of F.M. 423. He added the agreement is consistent with the agreement done for
S.H. l21.
Motion to approve- Schrag; second by Mikulec; motion passed with all ayes.
3.13 Discuss and consider approval of an addendum to the contract with
Strasburger & Price, LLP to amend the scope of services to counsel for all
matters related to S.H. 121 and to continue to assist with the widening of
F.M. 423 (Scruggs)
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Motion to approve- Schrag; second by Mikulec; motion passed with all ayes.
3.14 Discuss and consider approval of an addendum to the contract with
Strasburger & Price, LLP for legal services related to the acquisition of
utility easements for water and wastewater improvements to serve
Wynnwood Peninsula (Scruggs)
Gordon advised that legal services are needed in relation to acquiring utility
easements to serve Wynnwood Peninsula.
Motion to approve- Harris; second by Marshall; motion passed with all ayes.
3.15 Discuss and provide direction to staff regarding future Aquifer Storage
Recovery (ASR) wells and possible reconstruction of Water Well Site
Number 3 (Johnston/Scruggs)
At the October l6, 2006 council meeting an item was presented for an
engineering services contract for a water study involving future ASR locations.
Council asked that the item be brought back with further information.
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Tony Johnston reviewed the present water wells and locations. He told the
council that the major issue with an ASR on Wynnwood Peninsula (as originally
planned) is that TCEQ likely will not issue a permit due to concerns over water
rights, since the proposed location is at the city's northern city limits. Tony said
that a professional study would provide the information needed for council to
make a decision on possibly installing an ASR at Well Site No.3 or at another
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November 6, 2006
location. The study will also include a plan for making necessary repairs at Well
Site No.3. Mayor Dillard asked for a cost estimate for an ASR at Well Site No.3
versus Office Creek. Ed Motley with Chiang, Patel & Yerby stated Well Site No.
3 is estimated at $3.2M and Office Creek at $3.5M.
Motion (as summarized by city attorney) to handle major repairs as needed at Well
Site No.3, abandon and redo an ASR well, and present other alternatives;
explore approval 0/ TCEQ- McCourry; second by Marshall; motion passed with
all ayes except/or Dillard and Harris who voted no.
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3.16 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 (Johnston/Scruggs)
Not addressed.
3.17 Discuss and consider approval of a resolution authorizing the city manager
to execute an Advanced Funding Agreement with the Texas Department of
Transportation for the installation of a 48 inch steel casing for a future water
transmission line under F.M. 544 (Scruggs)
TxDOT is currently designing the expansion and improvement of F.M. 544 and
has agreed to allow The Colony to install a steel casing under the road during
their construction for the future water transmission line that will be installed there.
This will result in a considerable cost savings as opposed to waiting to install it.
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Motion to approve- McCourry; second by Schrag; motion passed with all ayes.
3.18 Discuss and consider approving a resolution authorizing payment to the City
of Carrollton for The Colony's portion of the construction of Segment 1 of
the new Colony, Carrollton, and Lewisville Water Transmission Line
(Scruggs)
Motion to approve- Mikulec; second by McCourry; motion passed with all ayes.
3.19 Discuss and consider approval of a change order to the engineering services
contract with Halff Associates, Inc. for the Phase IIIB street reconstruction
project (Scruggs)
Due to the differential in size of the new storm drains included in Phase lIIB and
the adjoining storm drains on a section of Blair Oaks from Arbor Glen to South
Colony, as well as the poor condition of this section of Blair Oaks, this request is
to go ahead and replace this section and also upgrade water, sewer and storm
drains.
Motion to approve- Harris; second by Marks; motion passed with all ayes.
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Executive Session be an at 11 :36 .m.
4.0 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.
B. Council shall convene into a closed executive session pursuant to
Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city
attorney regarding an agreement with the Billingsleys and the City of The
Colony concerning development of Austin Ranch.
C, Council shall convene into closed executive session pursuant to
Section 551.071 of the TEXAS GOVERNMENT CODE to seek advice from the
City Attorney concerning a contract by and between Adolfson & Peterson
Construction and the City of The Colony for Five Star Sports Complex and
Park.
Reconvene to Open Session at 1 :20 a.m. on 11/07/2006.
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.
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B. Any action as a result of executive session regarding an agreement
with the Billingsleys and the City of The Colony regarding an agreement for
development of Austin Ranch.
No action.
C. Any action as a result of executive session regarding contract between
the City of The Colony and Adolfson & Peterson Construction.
No action.
And with no further business to discuss the meeting was adjourned at 1 :20 a.m. on
November 7,2006.
APPROVED:
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ATTEST:
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Christie Wilson, TRMC, City Secretary
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