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Home My WebLink About10/01/2007 City Council October 1, 2007 " 4 ,,' J C ~) '1 ~' MINUTES OF REGULAR SESSION OF COUNCIL HELD ON OCTOBER 1, 2007 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 1st day of October 2007, 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 (arrived 7:02) Present And with seven council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMA TIONS: Call to Order Invocation - Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Cheryl Morbacker spoke regarding the recent special council session, specifically regarding council priorities as they relate to use of the beautification funds. Lynn Beeler asked council to review the policy regarding Code Enforcement only providing one notice for high grass. He said the second time grass was high at one of his rental properties the city contracted out the mowing and sent him the bill without providing [ another] notice. Announcement ofu comin civic events and activities] - none CONSENT AGENDA Consider approval of an ordinance amending the Code of Ordinances, Section 6-75(e), regarding fence locations within the visibility triangle (8107- 0014, Fence Ordinance, Bateman) 2.3 Consider approval of a resolution amending the 2007-2008 Master Fee Schedule reflecting revisions to the Parks and Recreation facility and fitness center user fees and passes (Koo) Motion to approve above consent agenda items- Schrag; second by Harris; motion passed with all ayes. I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. ~. ;1 ',,) ',J (~, t.) t...l f~.i October 1, 2007 Councilmember McCourry asked for the minutes to be pulled from the consent agenda for separate discussion. 2.1 Consider approval of minutes of council meeting held September 17, 2007 (Wilson) Councilmember McCourry advised there was an error on Item 3.3. His name was listed in the Aye votes and in the No votes. The No votes should have included Councilmember Mikulec rather than McCourry. Motion to approve as amended- McCourry; second by Schrag; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Receive a report, discuss and provide direction to staff regarding the Accessory Structure Ordinance as it relates to architectural compatibility and special exceptions/variances to the Board of Adjustment (SI07-0015, Accessory Structure Ordinance, Bateman) Planning Director Donna Bateman advised this item is brought forth at the request of two council members. The first part of the discussion is regarding architectural compatibility (Code of Ordinances Section 6-158.) She displayed some photos of acceptable and not acceptable accessory structures (ex. storage buildings must be same materials, color, and roof line as the main structure.) Height and location limitations were discussed as well. Donna advised that the accessory structure regulations were formerly in the Zoning Ordinance but are now in Chapter 6, Building and Construction Related Activities. When it was moved from the Zoning Ordinance it caused the Board of Adjustment to no longer have the authority to consider variances or special exceptions regarding structures. Citizen and Board of Adjustment Chair Duane Sanders addressed the city council regarding the limited use of the BOA, the lack of training for the members, and a recent error regarding them meeting on a variance when in fact they should not have. He stated the error caused a delay for the home owner. Discussion among council members and city attorney Bob Hager followed regarding use of the BOA. Mayor Dillard and council members Harris and McCourry expressed a desire to review the accessory structure requirements to perhaps make them more lenient. Mayor Dillard asked staff to revisit the accessory structure requirements and the Board of Adjustment guidelines. 3.2 Discuss and consider approval of a resolution authorizing the City Manager to enter into an architectural services agreement with Wiginton Hooker and Jeffrey Architects for the design and expansion of the existing Police/Courts/City Jail Building and parking lot (Clark) Police Chief Joe Clark advised that per council direction on August 20,2007 he is seeking approval to enter into an architectural agreement with the firm of Wiginton Hooker and Jeffrey for architectural services related to the design and expansion of the existing Police and Courts building. The contract has been changed per the city attorney's request and also reviewed by Purchasing Agent, 2 October I, 2007 Mr. Bob Sparkman. Per contract item 11.2.1 basic compensation is 9% of construction cost on new construction, and 10% of construction cost for existing areas being renovated. Per contract item 12.3 if a construction manager is used, there will be an additional charge of %%. Mr. Sparkman sampled area cities and found these fees to be standard and comparable to what other cities are paying for similar services. Total estimate to be paid is $275,000 but will be adjusted based on actual total construction cost. Bob Hager requested that 4.6 Arbitration be stricken from the agreement. ;~;; (~ S '~l ,i Councilmember Marshall made a motion to table this item until the October 15th council meeting since the source of funding was not identified yet [budget revisions not final as yet]. Motion died for lack of a second. Motion to approve with the exception of striking 4.6 Arbitration- Harris; second by McCourry; motion passed with all ayes. 3.3 Discuss and provide direction to staff regarding implementing a Voice over Internet Protocol (VoIP) telephone system for Fire Station No.3 and other city facilities (Koo) IT Specialist Bruce Maker told the council that staff had been researching the use of Voice Over Internet Protocol (V oIP) for Fire Station 3 and partially at City Hall. The current phone system in use by the city is several years old and difficult to manage. V oIP has the capability of communicating voice over a data network. He explained the technology is relatively new (6-7 years). Bruce reviewed the pros and cons of using such a system, the proposed city-wide usage, maintenance and yearly costs and potential savings on phone expenses. He added that some phone and fax lines would remain in place. There was concern voiced from several council members that the quality of calls is varied. There is also a difference of opinion on where and to what extent an initial installation should be. Motion to direct staff to not proceed with Voice Over Internet Protocol for Fire Station 3, and to bring back a future telecommunications solution based on then current teclznology- Schrag; second by McCourry; motion passed with all ayes except for Dillard who voted 11.0. 3.4 Discuss and consider approval of a resolution awarding a bid to Westron Communications for a Voice over Internet Protocol (V olP) telephone system for Fire Station No.3 and part of City Hall (Koo) Not addressed. 3.5 Discuss and consider an amendment to the Purchasing Policies and Procedures to be consistent with Section 252 of the Texas Local Government Code to require competitive bidding for purchases in excess of $50,000 (Sparkman) 3 I . ' , ,~ r.:-~ J~ uuu0i-i _ October I, 2007 Purchasing Agent Bob Sparkman reviewed this request by saying that the State Legislature passed Senate Bill 1765 and it became effective September 1, 2007. This changed Section 252 of the Local Government Code by raising the limit for which the city must advertise for bids [as well as the requirement for city council approval] from $25,000 to $50,000. The city's purchasing policies have followed state law in the past and this request is to approve this change. He said all other portions of the policy would remain unchanged. Bob Hager advised the council that if approved a resolution would be prepared. Motion to approve a resolution authorizing this change-Harris; second by Marshall; motion passed with all ayes. 3.6 Receive presentation, discuss and provide direction to staff regarding rules and regulations governing special events held within the city as it relates to public street parades and related street closure requirements and responsibilities (Eubanks) Steve Eubanks reviewed the special event policy that has been in effect for the past two years regarding street closures for parades, etc. This policy doesn't require side streets to be closed. He reviewed a comparison done with other cities. Steve asked for feedback from council on street closures. Mayor Dillard requested an executive session with the city attorney at 9: 10 p.m. Council reconvened to open session at 9:30. Mayor Dillard advised Steve to move forward on his plan for street closures as far as use of cones for all types of parades, and look at the city taking charge of all the parades. He also requested information on the number of parades held each year and what the anticipated cost will be. Councilmember Harris added he would like any city co-sponsored organization to be considered for handling by city staff. 3.7 Discuss and consider approval of a resolution authorizing the City Manager to enter into a consultant contract with R.W. Harden and Associates, Inc. for engineering services relating to capping and abandonment of Well No.3, design and construction services for a new Well No.3, and to evaluate increasing well capacity for existing Well No.1 and No.2 (Maurina) As a result of recent equipment wear and casing failure of the city's Well #3, the conclusions of the Chiang, Patel and Yerby ASR evaluation, and the resulting direction of council, staff solicited a proposal for engineering services to evaluate the potential to expand the capacities of the existing wells, provide specifications to properly abandon the existing Well #3, and to provide the necessary engineering to determine as quickly as possible how the lost capacity will be replaced prior to the peak demand season of 2008. Tod Maurina, Utilities Superintendent, stated the well should be abandoned in the next few weeks. The contract amount is not to exceed $98,000. 4 October I, 2007 Motion to approve an engineering services contract with R. W. Hardin and Associates to provide design services for the construction of a new well #3 for an amount not to exceed $98,000- Harris; second by McCourry; motion passed with all ayes. \~/ .-J c.' :S,' t<:f , .... "-' 3.8 Discuss and consider approval of a resolution authorizing the City Manager to enter into an engineering services contract with Halff Associates for the review of developer's construction plans (Scruggs) City Engineer Gordon Scruggs explained that the city has one staff engineer to coordinate plan review for private utilities and development projects. His responsibilities include review of development plans, site plans, preliminary and final plats, issuance of grading/earthwork permits, flood study and floodplain development permits, issuance of well drilling permits, as well as a number of other related duties. Because of the number of plans being submitted by developers the city contracted with Halff Associates in 2005-2006 and 2006-2007 to assist with the review of development plans. This contract has reduced the time for staff to manage each project review by eliminating the need to process many separate small engineering contracts. Staff is requesting approval of a contract for time and material for plan review in the amount of $115,000. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. Executive Session convened at 9:50 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 a closed executive session pursuant to Section 551.071 (2) of the TEXAS LOCAL 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 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 John McDonald and Cheryl McDonald and the City of The Colony. D. 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 a development agreement for improvements at Hidden Cove Park by and between Marine Quest and the City of The Colony. Reconvene to Open Session at 10:20 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. 5 L- /~ "_)' 1_5 L, ", October I, 2007 Not discussed. B. Any action as a result of executive session regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. Not discussed. C. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not discussed. D. Any action as a result of executive session regarding a development agreement for improvements at Hidden Cove Park by and between Marine Quest and the City of The Colony. No action. And with no further business to discuss the meeting was adjourned at 10:22 p.m. APPROVED: n Dillard, Mayor y of The Colony ATTEST: ~/L-r~ W~~ nstle WIlson, TRMC, City Secretary ~Trrt!~ ,<!".co.{ ,.HOo. '(: ~ A'r ~~, ,." ", r. 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