HomeMy WebLinkAbout10/20/2008 City Council
October 20, 2008 O O J (u
MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
OCTOBER 20, 2008
The Regular Session of the City Council of the City of The Colony, Texas, was called
to order at 7:18 p.m. on the 20th day of October, 2008, at City Hall, 6800 Main
Street, The Colony, Texas, with the following roll call:
John Dillard Mayor Present
Allen Harris Mayor Pro-tem. Present
John Marshall Councilmember Present
Jeff Connelly Councilmember Present
Kirk Mikulec Councilmember Present
Perry Schrag Councilmember Present
Joel Marks Councilmember Absent
And with six council members present a quorum was established and the following items
were addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND
PROCLAMATIONS:
Call to Order
Invocation - Christi Martin
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Citizen Input - Kathy Dickson voiced her concern regarding storage of
recreational vehicles. She requests that council reconsider the ordinance. Toni
Watson gave a summary of the negotiations between JTs and Marine Quest and
asked the city for its support. Allison Mihavics stated The Colony Chamber of
Commerce and the Convention & Visitors Bureau wished to thank the city for
their support and monetary contribution to the Pirate Day's event. Allison also
thanked the volunteers who helped with the event.
Announcement of upcoming civic events and activities 1- Mayor Dillard said the
community enjoyed the Pirate Day's event. He also stated The Colony came in
second lace in the boat race.
2.0 CONSENT AGENDA
2.1 Consider approval of minutes of council meetings held October 6, 2008
(Kelly)
2.2 Consider approval of council expenditures for September 2008 (Council)
1 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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October 20, 2008
2.3 Consider approval of a budget amendment ordinance for transfer of Hotel
Occupancy Tax funds to the Special Events Fund for additional funding for
the Christmas Spectacular as approved on October 6, 2008 (Koo)
2.6 Consider approval of a resolution adopting the Identity Theft Prevention
Program for the Utility Department (Koo)
2.8 Consider approval of a resolution authorizing the city manager to execute a
Tribute Homeowners Association Maintenance Agreement (Eubanks)
2.9 Consider approval of a resolution designating The Colony Courier-Leader as
the city's official newspaper (Wilson)
2.10 Consider accepting David Munden's resignation from the Community
Development Board of Directors (Council)
2.11 Consider approval of a resolution awarding an annual bid for mowing and
cleanup work for Inspections and authorizing the city manager to issue a
purchase order (Browder/Bateman)
Motion to approve above consent agenda items- Harris, second by Connelly; motion
passed with all ayes.
Councilmember Marshall requested item 2.4 be pulled for discussion.
2.4 Consider approval of a resolution denying an Oncor Electric rate increase
request for electric transmission and distribution rates (Sparkman)
Councilmember Marshall asked how rates would be affected while waiting for a
decision regarding the outcome of the case. Bob Sparkman, Purchasing Agent,
stated Oncor would continue to charge its existing transmission and distribution
rates. In addition, Bob stated if the rate increase were approved, the impact for an
average residential customer would be approximately $5.09/per month. That does
not include a surcharge of $2.21/per month to be charged beginning January 1,
2009.
Motion to approve- Marshall; second by Harris; motion passed with all ayes.
Councilmember Mikulec requested item 2.5 be pulled for discussion.
2.5 Consider approval of a resolution authorizing the Cities Aggregation Power
Project (CAPP) to negotiate an electric supply agreement for delivery of
electricity (wrap portion) and related services, and to act as an agent on
behalf of the city effective January 1, 2009 through December 31, 2013
(Sparkman)
Councilmember Mikulec stated since this item was first presented at a previous
meeting, natural gas prices have dropped and then rose again. He would like to
take a closer look at the agreement. Bob Sparkman stated approval of this
resolution allows the Cities Aggregation Power Project (CAPP) Board to
negotiate and lock-in prices for five years that are below current electric prices.
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Motion to approve- Marshall; second by Harris, motion passed with all ayes.
Councilmember Connelly requested item 2.7 be pulled for discussion.
2.7 Consider approval of a resolution authorizing an increase in the contingency
amount for the Master Lift Station No. 1 engineering services contract
(Maurina)
Councilmember Connelly stated the original amount of the contract, including a
contingency amount, totaled $300,000. Now a contract amendment of $17,800
and an additional contingency amount of $40,000 is being requested. He said he
would like to approve only the contract amendment amount of $17,800 and then
have any other requests be made before council instead of approving the $40,000
contingency amount. Tod Maurina, Water Distribution Superintendent, said the
increase is due to problems that were encountered during the excavation.
Motion to approve the change for $17,800- Harris, second- Connelly, motion failed
with the following vote:
Ayes- Harris, Connelly
Nos- Dillard, Marshall, Mikulec, Schrag
Councilmember Marshall stated he saw no reason not to authorize the entire
amount and that he felt staff had been diligent in working with the contractor.
Motion to increase the amount of contingency for the Master Lift Station #1
engineering services in the amount of $40,000 and authorize staff to execute the
proposed contract amendment with Freese and Nichols in the amount of $17,800-
Marshall, second- Mikulec; motion passed with all ayes.
3.0 REGULAR AGENDA ITEMS
Mayor Dillard stated item 3.1 was being pulled until a later date at the request of the
developer. He also pulled item 3.3.
3.1 Conduct a public hearing, discuss, and consider a zoning change from
Business. Park (BP) district to a Planned Development (PD) district to allow
multi-family uses on approximately 13 acres located at the southwest corner
of Memorial Drive and Paige Road (Z08-0003, Bateman)
3.3 Discuss and consider approval of a resolution authorizing the city manager
to execute a Construction Manager at Risk contract for construction services
for the Police and Court building (Clark/Sparkman)
Mayor Dillard moved item 3.6 0 on the agenda.
3.6 Discuss and consider making appointments to fill vacancies on various
advisory boards (Council)
Mayor Dillard requested an executive session on this item at 7:55 p.m. Regular
session was reconvened at 8:25 p.m.
Mayor Dillard took nominations for the Planning and Zoning Commission.
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Councilmember Harris nominated Duane Sanders. Councilmember Connelly
nominated Helene Parker. Helene Parker was elected with the following vote:
Sanders- Harris, Dillard
Parker- Marshall, Connelly, Mikulec, Schrag
Mayor Dillard took nominations for the Code Enforcement Advisory Board.
Councilmember Schrag nominated Diane Ling. Councilmember Marshall nominated
James Johnson. Diane Ling was elected with the following vote:
Ling- Schrag, Mikulec, Connelly, Harris, Dillard
Johnson- Marshall
Mayor Dillard took nominations for the Cultural Arts Board.
Councilmember Harris nominated Claudia Stooksberry. By acclamation Claudia
Stooksberry was appointed to the Cultural Arts Board.
Mayor Dillard took nominations for the Economic Development Corporation
Board.
Councilmember Harris nominated David Peerson. Councilmember Marshall
nominated Daniel Mahle. David Peerson was elected with the following vote:
Peerson- Schrag, Dillard, Connelly, Harris
Mahle- Mikulec, Marshall
Councilmember Harris nominated Daniel Mahle for the Community Development
Corporation Board. Daniel Mahle was appointed to the Community
Development Board by acclamation.
3.2 Consider approval of a resolution authorizing the city manager to execute an
engineering services contract for review of developer construction plans
(Scruggs)
Gordon Scruggs, City Engineer, stated the engineering services contract includes
review of development plans, site plans, preliminary and final plats, flood study,
issuance of grading/earthwork permits, issuance of floodplain development
permits, issuance of water well drilling permits, collection of inspection fees,
maintaining the electronic database of record drawing for all construction
projects, preparing comments for Development Review Committee (DRC), and
attending all pre-design meetings and all other meetings needed to facilitate
construction of private development projects. Gordon said the city has contracted
with Halff Associates in the past and has a good and efficient working
relationship with the company. The contract for last year was -for $115,000, this
year the contract will be for $95,000. Councilmember Harris asked why there
was a decrease from last year. Gordon stated larger projects, such as the widening
of FM 423, and the number of residential plans submitted for review made the
cost more last year.
Motion to approve- Harris.
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October 20, 2008
Councilmember Connelly asked if contracting this service was more beneficial
than hiring additional staff. Gordon stated contracting the service is very
beneficial because of the turnaround time for the review, especially when plans
are received for several projects at once. In addition, by contracting the service,
the city gains the advantage of having numerous engineers available with various
areas of expertise.
Motion seconded by Connelly; motion passed with all ayes.
3.4 Discuss sign requirements for properties adjacent to State Highway 121
(Harris)
Councilmember Harris stated since the opening of the Tollway, some businesses
along the 121 Overlay District have seen a decline in revenue. The businesses
feel their signage is no longer visible from the Tollway. He was asked to review
the sign requirements. Currently taller signs are permitted, but they have to be
multi-tenant. Some of the smaller, individual businesses that are not in a shopping
center are requesting use of individual signs that are visible from both directions.
Donna Bateman, Planning Director, asked for more direction from council
regarding sign requirements. Mayor Dillard'urged council members look to other
cities and bring ideas and direction for staff at the next council meeting.
3.5 Discuss and consider revoking the decision to give JT Goods, Inc. notice to
terminate the Hidden Cove Park Concessionaire Agreement (Connelly)
Councilmember Connelly requested an executive session. Mayor Dillard called
an executive session at 8:55 p.m. Council reconvened at 9:43 p.m.
Allison Mihavics, 5964 Clearwater, stated JTs is a loyal member of the The
Colony Chamber of Commerce. Allison also said JTs has supported chamber
events through donations and sponsorships, adopted highways, brought boats out
for events, and invited chamber members to socials with other cities. The
Chamber hopes Marine Quest and JTs can work together at Hidden Cove Park.
Joe Watson, 10619 Buccaneer Point, stated he and Toni had started JTs at Hidden
Cove Park in 2002. They have worked to generate sales tax and have brought
people into the park which in turn helped Marine Quest to pay their rent. Joe said
he favored Marinas International to run. the marina and let his opinion of that be
known to the Park Board. Joe stated since the initial meetings with Marine Quest
he has not heard from them. Councilmember Harris asked for clarification
regarding Toni's request of the city. Joe stated he wants the city to compensate
them for what their contract was or what it can be. He said he wants to stay at the
park and to work out a contract with Marine Quest but has been unable to do so.
Christi Martin, 5604 Longhorn, spoke in support of JTs. She encouraged the city
to revoke the decision to cancel their contract. She said she enjoys using their
rentals, and sees the JTs sponsor signs throughout The Colony and even in other
areas of the metroplex which helps to bring visitors to The Colony.
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October 20, 2008
Motion to revoke the decision to give JTs notice to terminate- Connelly.
Councilmember Connelly withdrew his motion.
Toni Watson, 10619 Buccaneer Point, stated she feels she and Joe have tried in
good faith to work with Marine Quest and would still like to do so.
Motion to revoke the decision to terminate the contract with JTs- Connelly, second by
Schrag. Motion failed with the following vote:
Ayes- Connelly, Schrag
Nos- Dillard, Harris, Marshall, Mikulec
Ci Attorney Bob Hager advised the executive session did not need to convene.
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 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.
C. 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 and seek legal advice on a matter in which the duty of the attorney
is protected by Texas Disciplinary Rules concerning agreements by and
between the City of The Colony and J.T. Goods, Inc., and the City of The
Colony and Marine Quest.
And with no further business to discuss the meeting was adjourned at 10:05 p.m.
APPROVED:
pihn illard, Mayor
The Colony, Texas
ATT
Christie Wilson, TRMC, CMC
City Secretary
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