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Home My WebLink About01/07/2008 City Council January 7, 2008 Regular Session : ' ..j . J t.) lJ '''';::f .. . () MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JANUARY 7, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:35 p.m. on the 7th day of January 2008, 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 Absent And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Councilmember Harris Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations- National Mentoring Month- Mayor Dillard presented the proclamation to Correne Lynch-Fierro with Communities in Schools of North Texas. Citizen Input - Mohammed Islam of The Colony Child Development Center spoke to council regarding his recent health certificate renewal. Announcement of upcoming civic events and activities 1_ Library Director Joan Sveinsson provided an update of upcoming events and programs. She added they are needing a volunteer instructor for ESL. City Engineer Gordon Scruggs announced a public hearing and open house planned by TxDOT on the widening ofF.M. 423 that is being held at The Colony High School on January 8th at 6 p.m. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held December 3rd (Schrag absent) and 10th, 2007 (Schrag absent) (Wilson) 2.2 Consider approval of council expenditures for November 2007 (Council) 2.3 Consider approval of a resolution authorizing the city manager to enter into a new Concessionaire Agreement with Infrared Combat Zone Adventure Parks for BB Owen Park (Nelson) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items, .~) .) Ci ~,J (' January 7, 2008 Regular Session 2.4 Consider approval of a resolution authorizing the city manager to enter into an engineering services contract with Halff Associates for preparation of an Erosion Study for Stewart Creek Tributary I (Scruggs) 2.5 Consider accepting the resignation of Al Garcia from the Economic Development Corporation Board of Directors effective December 14, 2007 (Council) 2.6 Consider approval of a resolution authorizing the city manager to enter into a Second Amendment to the Ground Lease Agreement with Wynnwood Army LLC (Nelson) Motion to approve above consent agenda items- McCourry; second by Schrag; motion passed with all ayes. Councilmember McCourry requested 2.7 be discussed separately. 2.7 Consider approval of a resolution authorizing the city manager to enter into a contract with Dataprose for billing and mailing of utility bills in a full page, letter size format (Koo) Councilmember McCourry requested clarification on whether Dataprose would fold the inserts or city staff. Finance Director Rebecca Koo advised Dataprose will fold all inserts. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss and consider adopting an ordinance approving a Boundary Adjustment Agreement with the cities of Carrollton and Hebron. The property is located on the west and east sides of PIano Parkway, south of Windhaven (SI07-00009, Bateman) Planning Director Donna Bateman reviewed the agreement, including the annexations and dissannexations that will occur as a result. She added that approval of this agreement will be contingent to the October agreement with the Billingsley Company that still needs to have the meets and bounds verified. Bob Hager advised there will be no ordinance on this item but instead a resolution authorizing the city manager to sign the Boundary Adjustment Agreement. Councilmember Harris commented that even though the city is losing acreage this agreement will provide the city more frontage on the west side of Piano Parkway than we currently have on the east and asked for staff to provide the actual footage amount. Donna said that will be included in the future annexation proceedings. Motion to approve a resolution to authorize the city manager to execute an agreement with the City of Carrollton and the City of Hebron to adjust certain boundaries as provided therein, and to undertake the necessary legislative action conditioned on receiving the final Exhibit A to an agreement with the Billingsley Corporation Agreement dated October 2007, and authorizing the city manager to sign- Marshall; second by McCourry; motion passed with all ayes. 2 January 7, 2008 Regular Session ; ~'; C. '''''1 tJ' ..,.. .(~j 3.2 Discuss the Board of Adjustment duties and direct staff accordingly (Bateman) Donna Bateman advised the current duties of the Board of Adjustment are to act on variances and hear appeals under the Zoning Ordinance, as well as acting as the Sign Board of Appeals. She added that Accessory Structures will soon be moved to the zoning ordinance and the section for fences can include a process for the Board of Adjustment to hear appeals or special exceptions if council desires. The mayor asked if council had other suggestions for change that could be included in the new ordinance. Councilmember Mikulec advised that he would like for petitioners to be able to expedite their projects with this new procedure. 3.3 Discuss and consider approval of a resolution authorizing the purchase of five (5) police vehicles from Philpott Motors, Inc. (Sparkman/Clark) Purchasing Manager Bob Sparkman briefly reviewed this request and advised that the best prices are available through the BuyBoard. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the purchase of a front-end loader from Holt Cat (Sparkman/Eubanks) Bob Sparkman advised this purchase will also be made through the Buyboard. He added that $63,000 was budgeted so the extra cost will come from debt issuance contingency. Public Works Director Steve Eubanks added that the life span of this equipment is at least ten years. He showed photos of similar equipment and explained the possible uses. He added the city already has a trailer to transport it, that it has an enclosed air-conditioned cab for year-round use and safety of the operator (trained operator already on staff), and will not damage the streets. Motion to approve- Marshall; second by Schrag; motion passed with all ayes. 3.5 Receive presentation, discuss and provide direction to staff concerning the city's street light inventory project (Eubanks) Steve Eubanks said that a physical inventory of the city's street lights was performed in 2007. In addition to mapping the locations, operational problems or defects were noted. Part of the process included a comparison of the physical count to billing amounts. The finance department is working with Oncor to correct approximately $9,000 in overcharges. Oncor offered a rebate of $8,700 for poor performance through September of 2006; the city has not accepted the offer due to other unresolved issues. Steve noted that the area of Paige and South Colony Boulevard has on-going problems, and recommended that negotiations continue. He asked council's opinion on defining a minimum performance standard of 95% and council agreed. (See Exhibit A for the Street Light Inventory Project overview.) 3 ',j j L; '0) " ,y January 7, 2008 Regular Session Steve also said that Co-Serve will no longer provide the city's standard lights on arterial streets, but the city would have the option of purchasing lights elsewhere. He added that he has a concern with the height of the street lights in the medians causing a glare for drivers. The lights are 13-14 feet tall and he would like to start planning on new installations at a height of 20-22 feet. Councilmember McCourry asked that staff provide a cost for the increase in height. Steve also told the council that some lights along Paige are very close to others and suggested some of these could be relocated. Councilmember McCourry suggested he look at the alternative of relocating the lights from the residential areas and leaving the median lights. Assistant City Manager Tony Johnston informed the council that the police officers contributed to the defective lights report and wanted to express his thanks. 3.6 Discuss and consider approval of a resolution authorizing the city manager to enter into an engineering services contract with Freese & Nichols for preparation of an amendment to the Wastewater Master Plan for Austin Ranch (Scruggs) Gordon Scruggs told the council that the developer's agreement with the Billingsley Company (October 2007) sets forth a requirement that the city proceed with an amendment to the Wastewater Master Plan which will have the effect of adding an additional lift station to handle the area north of McKamey Trail that will gravity flow south from S.H. 121. Gordon reviewed the scope of the engineering services contract. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.7 Discuss and consider approval of a resolution authorizing the city manager to enter into an engineering services contract with Freese & Nichols for review of developer's construction plans for the Austin Ranch Lift Station (Scruggs) Gordon Scruggs said that this item is for an engineer's review of the developer's construction plans for the Austin Ranch Lift Station. According to the agreement with the Billingsley Company (October 2007) they are to pay for the design of the lift station and are using C&P Engineering. This plan review will include the technical specifications for material and equipment for compliance with Texas Commission on Environmental Quality (TCEQ) requirements, the Wastewater Master Plan and agreed flow projections. A written report will be provided, as well as site visits during construction. Motion to approve- Harris; second by Marshall; motion passed with all ayes. 3.8 Discuss and consider approval of a resolution authorizing the city manager to enter into an engineering services contract with Freese & Nichols for the Northwest Trunk Sewer Line replacement and approve an ordinance amending the 2007-2008 budget for reallocation of funds (Scruggs) Gordon Scruggs stated this agreement is for design of construction plans to replace the Northwest Trunk Sewer Line. A recent inspection of this line 4 tj :.) t . ., ... 'I.... ""." January 7, 2008 Regular Session indicated corrosion and imminent failure if it is not repaired from Main Street east to the influent lift station at the wastewater treatment plant. As part of the replacement of the existing 30" line, the new line will be 36" as recommended by the Wastewater Master Plan. Two options are available for increasing the capacity: 1) parallel the existing line by open cut methods or 2) installing new pipe using a method called pipe bursting. Gordon added that this line runs through U.S. Government property and the new construction may involve acquiring additional easement from the government and possibly permitting through the U.S. Army Corps of Engineers. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.9 Discuss and consider approval of a resolution authorizing the city manager to execute a contract with Alsay, Inc. to construct a new water well at Well Site #3 (Maurina) Utility Superintendent Tod Maurina explained to the council that the bid specifications included two separate items: 1) construction of the actual well, and 2) the cost of new pumping equipment. The purpose was to compare replacement of the pumping equipment with upgrading the existing equipment. Tod said he recommends awarding the bid for item number one and staff will provide a recommendation on the pumping equipment after further review. Tod said that three bids were received with Alsay being the low bidder. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. 3.10 Discuss, provide direction and/or take action concerning future tax rates and/or budgets (Mikulec) Councilmember Mikulec explained that he wanted to open the discussion on whether council should take any steps regarding future tax rates or budgets. Citizen Jeff Connelly spoke in favor of establishing guidelines and offered some suggestions. Councilmember Schrag suggested waiting until after the May election since members of council may be different after that. Councilmember McCourry responded by saying he felt that would be too long to wait to provide direction/goals to the staff. Councilmember Marshall said he thought goal setting and making a specific statement was a good plan. Councilmember Harris stated he felt the city should start with a zero based budget. Mayor Dillard suggested that council hold a retreat to discuss this further. Councilmember McCourry suggested they all send their ideas for specific goals to the city manager to assemble. Councilmember Harris added that the city manager's evaluation was scheduled for next week and he planned to take that opportunity to discuss the focus for next year. Council convened the Executive Session at 9:30 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 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 -~ -'- (' : j ;J L <.J ("; _ January 7, 2008 Regular Session 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 a closed executive session pursuant to Section 551.071 of the TEXAS 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 551.087 of the TEXAS GOVERNMENT CODE to deliberate the offer of a financial or other incentive to a business prospect. Reconvene to Open Session at 10:15 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. 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 the offer of a financial or other incentive to a business prospect. No action. And with no further business to discuss the meeting was adjourned at 10: 16 p.m. APPROVED: hn Dillard, Mayor ity of The Colony ~,,' .tTt'I,jJJ',q', "~ r~~', if/,<?<~"') '. . ' . .t. 0 t~' ATTEST' (;2j~ W~~ Christie Wilson, TRMC, City Secretary \...~, " :/->f,. _ 1 t:: ,,< r, " i/Zi/),arm_ 6 L' ',. C t. L' ." EXHIBIT A Street Light Inventory Project Presentation to City Council January 7, 2008 OUTLINE Inventory objectives- Locate and map all utility owned and maintained street lights within The Colony Compare physical count to billing amounts and adjust bills, where necessary Note defects observed with street lights during field count Determine the effectiveness of defect reporting in accomplishing repairs Statistics - As of 10/2007 Lights owned/maintained by Oncor -1,116 Lights owned/maintained by CoServ - 361 Estimated annual charges paid by The Colony to both utilities for street lights - $250,000 Estimated annual savings identified in inventory - > $9,000 Defects reported Defects noted/reported during inventory field work Results of spot checks of reported defects to Oncor and C05erv Effective repair rates for both Oncor and CoServ Cities Aggregation Power Project (CAPP) The Colony serves on the Board for both CAPP (representing about 105 cities) and the CAPP Street Light Subcommittee (representing about 40 cities) Other street light issues Paige Road / South Colony ongoing issues and rebate offers CoServ discontinuation of the Main Street/Texan fixture on arterial streets