The URL can be used to link to this page

Home My WebLink About11/03/2008 City Council November 3, 2008 Q O f MINUTES OF REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 3, 2008 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 3rd day of November 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 Absent Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present 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 - Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation - Mayor Dillard read a Veteran's Day proclamation and announced a Veteran's Day event to be held in the city on November 8th Citizen Input- Mark Rygh requested the council change the process for awarding bids to give preference to local businesses. Announcement of a coming civic events and activities i- Library Director Joan Sveinsson provided an update on current library activities and website features. Mayor Dillard reminded everyone that Election Day is (tomorrow) November 4"'. He also stated Councilmember Connell is absent due to illness. 25CONSENT AGENDA 2.1 Consider approval of an ordinance abandoning a portion of a right-of-way located on McKamy Trail near Plano Parkway in Austin Ranch (Scruggs) 2.4 Consider approval of a resolution requesting the 81St Legislature to support legislation to increase funding for the Texas Recreation and Parks Account Local Park Grant Program and the Texas State Park System (Helms) 2.5 Consider approval of The Colony Community Development Corporation (411) funding for electrical service upgrades at the Historical Park for The Colony Christmas Spectacular and future park development (Helms) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 OOS71 November 3, 2008 Motion to approve- Harris; second by Marshall, motion passed with all ayes. Councilmember Schrag requested these two items be discussed separately. 2.2 Consider approval of a resolution authorizing the city manager to execute Lease No. DACW63-1-08-0621 with the U.S. Army Corps of Engineers for Eastvale Park Lease, replacing Lease No. DACDACW63-1-00-0816 (Helms) 2.3 Consider approval of a resolution authorizing the city manager to execute Lease No. DACW63-1-08-0623 with the U.S. Army Corps of Engineers for Stewart Creek Park Lease, replacing Lease No. DACW63-1-00-0816 (Helms) Councilmember Schrag asked whether there are changes from the original lease. Parks Director Pam Nelson advised that these new leases allow the city expend revenues from the parks for any of the other corps parks, that a five-year plan for each park has been updated, and that the fifty-year lease for each starts over at this time. Motion to approve 2.2 and 2.3- Schrag; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approval of an ordinance awarding a grant of $5,000 to PediPlace for medical services provided to children of The Colony, and approving a budget amendment ordinance (Dillard) Larry Robins, Executive Director of PediPlace, reviewed the need to provide low- income health care to Denton County residents. Mayor Dillard pointed out that the city cannot "grant" funds so if the city desires to enter into an agreement it will require a Contract for Services, as was done in 2005 and 2006. Councilmember Marshall stated that the Pirate Days event was to benefit Pediplace and would like to see that replace any city funding in the future. Councilmember Harris stated he is opposed to this at this time because it is not in the budget, and that the tax payers should be encouraged to donate rather than the city using tax dollars. He added that there are no criteria for other organizations to make the same request. Councilmember Mikulec asked staff to find out the amount that was raised for PediPlace during Pirate Days. Motion to approve- Marshall; second by Marks, motion failed with the following tie vote. Ayes- Dillard, Marshall, Marks Nos- Harris, Mikulec, Schrag At this time Councilmember Harris requested the item be brought back on the next council agenda due to Councilmember Connelly's absence. 3.2 Discuss and consider approval of resolution adopting a revised Lakeside Arts Center Use Policy (Margolis) Councilmember Harris stated this was brought back due to the previous model stating "primarily arts" usage. Mayor Dillard asked that the Lakeside Community Theater be added to the Attachment A "Groups Authorized for Continual Use". 2 November 3, 2008 U 08, ; r 1 Citizen Donna Arnold, Vice-President for the LCT, reviewed the recent Halloween theater event, stating they had 1,100 visitors. Many visitors and some actors came to participate from other cities. The LCT will help with the upkeep of the building. She added that the theater needs to be able to schedule use of the building in advance of the season. Brandie Woods stated the theater is a positive influence on the community and asked that they be allowed to continue use of the building. Amanda Carson-Green also spoke in favor of the LCT using the building. Councilmember Harris stated he is concerned with the verbiage "continuing use", and that other groups should have the ability to use the building. He noted that usage of the building for a polling place should have priority. Councilmember Marshall stated he feels the Lakeside Community Theater be listed as a user [not to exclude other groups], and that the Cultural Arts Board has the oversight of scheduling the building and they should continue to do so. After further discussion, the city attorney proposed to add to I.F. "subject to scheduling by the Cultural Arts Board", and remove the word "continual"; also on IV. C. change the third word "will" to "may"; and add "any other government function, official election or any other government purposes". The Attachment A will have the word "continual" stricken, and the Lakeside Community Theater will be added. Motion to table [to allow attorney to make the changes]- Schrag; second by Mikulec; motion failed with the following vote: Ayes- Mikulec, Schrag Nos- Dillard, Marshall, Marks Abstention- Harris Motion to approve with stated changes- Marks, second by Marshall; motion passed with all ayes. 3.3 Receive a report, discuss and provide direction to staff regarding establishing new requirements for automatic fire sprinklers in residential structures (S108-001 1, McMurphy) Assistant Fire Chief Van Weese and Fire Marshall Carl McMurphy asked for council direction on the possibility of requiring fire sprinkler systems in new homes over 4,000 square feet. They presented a list of similar requirements of other cities. It was noted that in 2009 the International Residential Code will include requirements for sprinklers in all new residential. The added cost to a structure is thought to be approximately 1%. A sprinkler system could offer a savings on homeowner some insurance policies. Discussion of the meter size and related impact fees followed. Councilmember Marks stated he is concerned with the 4,000 square foot requirement [rather than larger homes as some other cities require]. Bob Hager advised they will bring back some options with various square footages. 3.4 Discuss sign requirements for properties adjacent to SH 121 and consider directing staff to amend the sign ordinance (SI08-0010, Morrison) 3 008718 November 3, 2008 City Planner Wes Morrison stated that staff observed other cities along their toll ways and presented some photo examples of signage. Councilmember Marshall inquired what Lewisville's restrictions are. Wes replied that he did not know but the Target that is just across S.H. 121 from The Colony has a monument sign. Councilmember Marks stated he is in favor of allowing businesses to have individual signs, and asked that the city send a letter to the NTTA encourage them to allow signs on the toll way. Several council members agreed with encouraging the use of multi-tenant signage [which are allowed to be taller] with some exceptions for businesses that are separated from others to also have similar signage in order to be seen from the toll way. 3.5 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 Courts building (Sparkman/Clark) Purchasing Manager Bob Sparkman advised the council that six proposals were received in response to the RFP. A committee interviewed two of the companies and recommended Sedalco Construction Services based on their qualifications and experience with jail and police facilities, and point system. Councilmember Harris stated he would like to have seen the criteria and rankings list/scores for all proposals. Bob Hager noted a couple of minor changes to the verbiage in the agreement. Motion to approve- Marks; second by Harris; motion passed with all ayes. Bob Hager advised the council that executive session did not need to convene and said that the Motion for Summary Judgment is set for the McDonald case on Monday the 17th and the trial for the eviction case is set for Tuesday the 18th. 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. Not addressed. 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. Not addressed. Reconvene to Open Session 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. B. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. 4 November 3, 2008 f And with no further business to discuss the meeting was adjourned at 8:35 p.m. APPROVED: a L-- I Jo Dillard, Mayor y of The Colony ATTEST: t (Lisfie Wilson, TRMC, CMC City Secretary 5