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Home My WebLink About03/03/2008 City Council ;' .: ~ r. '-.. i ! ~ March 3, 2008 - ".. ...'~... MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 3, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:44 p.m. on the 3rd day of March, 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 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 - Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of Employee of The Year - Maggie Burkett, Human Resources Director, and Tony Johnston, Assistant City Manager, presented the award to Justin Johnson, GIS Projects Manager. Citizen Recognition (Fire Department) - Mike Nolen, Fire Chief, presented awards to Lacy Styron and Kirsten Stockton. Citizen Input - None Announcement of upcoming civic events and activities 1_ Joan Sveinsson, Library Director, reviewed upcoming events to be hosted by the Library during the month of March. Mayor Dillard announced Election Day is March 4 during the hours of 7:00 a.m. until 7:00 p.m. He also stated the various precincts and polling locations located in The Colony. I CONSENT AGENDA I Consider approval of minutes of council meetings held February 4 and 25 (Marks and Mikulec absent), 2008(Wilson) 12.0 2.1 2.2 Consider approval of council expenditures for January 2008 (Council) 2.3 Consider approval of a resolution authorizing the mayor to execute an Interlocal Agreement with Denton County for the rental of voting equipment 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. i . : . --: (" t't , ,,) '.j lJ' Vv ..l.. March 3, 2008 and purchase of voting supplies for the May 10, 2008 general election (Wilson) 2.4 Consider approval of a resolution authorizing the mayor to execute a Joint Election Agreement with the Lewisville Independent School District for the May 10, 2008 general election (Wilson) 2.5 Consider approval of a resolution designating The Colony Courier-Leader as the city's newspaper for official publications (Wilson) 2.6 Consider approval of an ordinance amending the Code of Ordinances, Section 19-10, regarding speed limits in the Eastvale area (Eubanks) 2.7 Consider approval of a resolution extending a contract with McCreary, Veselka, Bragg & Allen, P.C. for one year for collection of delinquent property taxes (Koo) 2.8 Consider approval of a resolution authorizing an auction sale of property located at Lots 30, 31, and 32, Block 2 of the Garza-Little Elm Lake Estates from the delinquent tax foreclosure list (Koo) 2.9 Consider approval of Inter-fund transfers (Koo) Robert Hager. City Attorney. requested item 2.11 be discussed separatelv. 2.11 Consider approval of a resolution authorizing a license and land use agreement with the Longhorn Council of the Boy Scouts of America for use of Five Star for a Cub Scout Day Camp (Nelson) Robert Hager stated the agreement could be approved tonight, but the current ordinance prohibits the use of a bow and arrow, BB gun, and air gun. An amendment to the current ordinance providing an exception permitting their use for the day camp would need to be brought before council for approval. Motion to approve above consent agenda items- Schrag; second by Harris; motion passed with all ayes. Mayor Dillard instructed Robert Hager to bring an amended ordinance before council at the March 17th city council meeting. Councilmember Harris requested item 2.10 be discussed separately. 2.10 Consider approval of a change order to the Office Creek Pump Station improvement contract with Red River Construction which reduces the total amount of the contract, and authorize the city manager to sign (Maurina) Councilmember Harris commended the contractor and staff on the savings to the city. The project was completed ahead of schedule and under budget by $231,924.80. Motion to approve- Harris; second by Schrag; motion passed with all ayes. 2 >~. r." '-" \j lJ (j. t) U i~~ March 3, 2008 I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss and consider approval of a site plan for a 43.88 acre site known as Phase V of Austin Ranch generally located south of Windhaven Parkway and east of Saintsbury Drive East. (SP06-0015, Bateman) Donna Bateman, Planning Director, said the proposed site plan is approximately 43 acres and includes restaurant and retail use, a four level parking garage, 535 dwelling units, and landscaping. Motion to approve- McCourry; second by Harris; motion passed with all ayes. 3.2 Receive presentation, discuss and take action regarding construction phases and budget for the Police and Court facility renovation and expansion project (Clark) Joe Clark, Police Chief, gave a presentation which included a background summary, design criteria & constraints, jail size considerations,. facility size comparisons with other cities, a site plan for parking, and a floor plan showing each phase and costs. Costs related to any new furnishings associated with the renovation/expansion were also included in the presentation figures. Councilmember Marshall asked if the costs would decrease if personnel were not added immediately. Joe stated a decrease in the cost would really only affect Phase III since furnishings for the other phases are needed for current staff. Since the parking lot expansion could be utilized by the Senior Center and Parks & Recreation, Councilmember Harris asked if the Community Development Corporation (4B) could assist in the cost of the parking lot. Joe stated it had been presented but was not sure if they were paying anything toward the parking lot. Councilmember Schrag asked if the renovation/expansion was done in phases, would the new construction affect the already completed renovation/expansion. Joe said it would not. Dale Cheatham, City Manager, stated his concern regarding the economy. He said more information regarding the city's revenue would be available in the latter part of this year and early next year. He reminded council of the Austin Ranch Fire Station and Public Services Complex that were recently approved for design. He recommended moving forward with Phase I of the police/courts facility at a minimum. Councilmember Marshall suggested designing all phases now. Councilmember Harris said this is a critical facility and he would like to have all phases designed and then choose which ones to complete at that point. He agreed with Dale that Phase I needed to be done, but also felt Phase II was important because it includes the communications center. Motion to approve the design of Phase I and IA- Schrag; second by Marks. Motion failed with the following vote: Nos- Dillard, Harris, Marshall, McCourry, Mikulec Ayes- Schrag, Marks Motion to design entire Phase I, lA, II, and III- Marshall; second by Harris; motion passed with all ayes. 3 \' ,'.., f; {i U 'V L, C '-, \.. March 3, 2008 3.3 Discuss and consider approval of a resolution awarding a bid and issuing appropriate purchase order for the North Colony Boulevard water tower landscape (Sparkman) Bob Sparkman, Purchasing Agent, stated bids were opened January 15 for the water tower landscaping project. The low bid was from Legends Landscape in the amount of$91,360. Motion to approve- Harris; second by McCourry; motion passed with the following vote: Ayes- Dillard, Harris, Marshall, McCourry, Schrag, and Marks (Councilmember Mikulec had temporarily stepped away from the dais and was not present during voting.) 3.4 Discuss and consider approval of a resolution awarding a bid and issuing appropriate purchase order for annual mowing services (Sparkman) Bob Sparkman said bids were opened on February 19 for the annual mowing bid for the Parks and Recreation Department. Two bids were received. In order to stay within budget, staff recommended reducing the number of mowing for athletic fields from 35 to 24. The low bid was from SLM Landscaping & Maintenance in the amount of $184,914.44. Councilmember Harris asked if the reduction in mowing would fall outside the athletic season. Pam Nelson, Parks and Recreation Director, stated yes the athletic fields would still be mowed during their playing/practice season. Motion to approve- Harris; second by Marshall; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution awarding a bid and issuing appropriate purchase order for annual purchase of chemicals and soil conditioners (Sparkman) Bob stated bids for chemicals and soil conditioners were opened on January 29. Eight bids were received however some did not meet specifications. Councilmember Harris asked for clarification regarding the bids that did not meet specifications. Bob said some of the vendors were not equipped to furnish hydraulic equipment for handling. Low bids meeting specifications were from Greensmiths, Estes, and Mann Farm and Ranch. Motion to approve- Harris; second by Marshall; motion passed with all ayes. 3.6 Discuss and consider approval of a resolution authorizing a contract with Layne Christensen Company to rebuild and reinstall the existing pumping equipment at Well Site #3 (Maurina) Tod Maurina, Water Distribution Superintendent, stated on January 7, 2008, council awarded the contract for construction of a new well at well site #3 and instructed staff to compare and make a recommendation regarding the 4 I ' '.. '-, l, L '- March 3, 2008 replacement of the pumping equipment with upgrading the existing equipment. After further review Tod said refurbishing and upgrading the existing equipment would be more cost effective. Motion to approve- Marshall; second by Harris; motion passed with all ayes. Executive Session convened 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. 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. E. The City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code to interview and deliberate the appointment, evaluation, assignment, duties of public officers, to wit: members of The Colony Economic Development Corporation. Reconvene to Open Session at 10:22 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. No action. 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. No action. 5 i , , U 'J l....J L.-,--' .;"'j March 3, 2008 D. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect. Not discussed. E. Any action as a result of Executive Session regarding the appointment, evaluation, assignment, duties of public officers, to wit: members of The Colony Economic Development Corporation. No action. And with no further business to discuss, the meeting adjourned t 10:23 p.m. APPROVED: ATTEST' ~/L~Q L;JA4rh Christie Wilson, TRMC, CMC City Secretary Ct ~\ ~l-~ ! ':"'; ,(- I: ( ,. '_ <..,.' '. ~,'c._, /':~~' '<';.c . r [ )( i- ~:,fr' !.(;-:(7"';'J~.vJJ.Y 6