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Home My WebLink About12/15/2008 City Council December 15,2008 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 15, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 15th day of December 2008, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Jeff Connelly Kirk Mikulec Perry Schrag Joel Marks Mayor Mayor Pro-Tem Councilmember Councilmember Councilmember Councilmember Councilmember Present Present Present Absent Present Present Present 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 - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Joe McCourry, Commander of the American Legion Post 21, read a prepared statement about the post's history, services, fundraisers, and activities. He presented an appreciation plaque to Mayor Dillard and thanked the city for its support of the recent Veteran's Day American Heroes special event. Two students, Logan McCourry and Robert Danhaver, Jr. spoke in favor of the Teen Court program. Announcement of upcoming civic events and activities 1_ IT Manager Bruce Maker announced that The Colony's government channel is now being broadcast on channel 99 U-Verse. Councilmember Harris reminded everyone of the Christmas S ectacular li ht show in ro ress. CONSENT AGENDA Consider approval of minutes of council meeting held December 1, 2008 (Marks and Connelly absent) (Wilson) 2.2 Second reading and consider approving an ordinance amending the Code of Ordinances, Chapter 13, by adding Article X authorizing the city to issue permits to landowners adjacent to United States Army Corp of Engineers property for mowing, underbrushing, planting, mitigation and other 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. December 15,2008 activities as authorized by the previously approved Challenge Partnership Agreement (Nelson) 2.3 Consider approval of a resolution amending the Master Fee Schedule to add Shoreline Use Permit and Mitigation Fees (Nelson) 2.4 Consider approval of a resolution authorizing the city manager to execute an Amendment to the Groundlease Agreement with Blue Sky Sports Center, LP for Eastvale Park (Nelson) 2.5 Consider approval of a resolution awarding a bid and authorizing the city manager to issue appropriate purchase orders for the IT equipment bid award (Maker) 2.6 Consider approval of a resolution authorizing the city manager to execute an engineering services contract for the Phase IB Residential Water Line Replacement project (Scruggs) 2.7 Consider approval of council expenditures for the month of November (Council) Motion to approve- Schrag; second by Harris; motion passed with all ayes. 13.0 I EXECUTIVE SESSION 7:30 p.m. 3.1 A. Council may convene into executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel to wit: to interview applicants for appointment to the Community Development Corporation (4B), Economic Development Corporation (4A), Planning and Zoning Commission, and the Board of Adjustment (Council) City council members met in Executive Session and interviewed one applicant for the Economic Development Corporation Board of Directors. Reconvene to Open Session 8:00 p.m. I 4.0 I REGULAR AGENDA ITEMS 4.1 Council to interview applicants to serve on various advisory boards (Council) City council members interviewed two applicants to fill openings on the Technologies Board. Items 3.2 and 4.2 were addressed collectively. 3.2 Any action as a result of executive session regarding the applicants for appointment to the CDC, EDC, P&Z, and BOA (Council) 4.2 Council to discuss and consider making appointments to various boards and commissions for terms beginning in 2009 (Council) Mayor Dillard opened the floor for nominations to fill vacancies and 2009 terms on the various boards. Community Development Corporation Councilmember Harris nominated Lisa Leary, Daniel Mahle, and TeRon Lawrence. All council members voted aye. 2 December 15,2008 Technologies Councilmember Marks nominated Stephen Hoffman, Steven Steele, and Tim Tomlinson. All council members voted aye. Planning & Zoning Councilmember Marshall nominated Brian Wade, Helene Parker and Deborah Morrison for reappointment. All council members voted aye. Councilmember Marshall nominated Eddie McCormick and Councilmember Harris nominated Duane Sanders for the open Place 3 position. Eddie McCormick was selected with all ayes except for Harris who voted no. Duane Sanders received aye votes from Harris and Marks; all others voted no. Code Enforcement Councilmember Schrag nominated Ruby Lawrence, Diane Ling, Casey Truskunas, and Lloyd Martin. All council members voted aye. Economic Development Corporation Councilmember Mikulec nominated David Smith and Kevin Braby. All council members voted aye. Councilmember Mikulec also nominated Rick Casterline and Councilmember Marks nominated Femi Omonije for the Place 4 position. Femi Omonije was selected with all ayes except for Marshall who voted no. The vote for Rick Casterline ended in a tie with Marshall, Mikulec, and Schrag voting aye; all others voted no. A tie vote results in non-confirmation. Board of Adjustment Mayor Dillard nominated Gerald Odum, Cesar Molina and Constance Yahwak. All council members voted aye. Cultural Arts Councilmember Harris nominated Robert Lux, Cindy Marshall, Timothy Martin, and Cynthia Shailer. All council members votes aye except for Marshall who abstained. Library Councilmember Marks nominated Lorraine Clark, Jayme Skelton, and Wayne Bullard. All council members voted aye. 4.3 First reading of an ordinance amending the Code of Ordinances, Chapter 13, by adding Article XI Supervision and Maintenance of Public Trees, and amending Chapter 2, Article II by adding Division VI to provide for a Public Tree Advisory Board; consider designating the Community Development Board as the Tree Advisory Board (Helms) Park Development Manager Keith Helms stated that the CDC recommended the city pursue the Tree City USA designation. To receive this designation the city must adopt a Tree Care ordinance and create a Tree Board to be responsible for trees on city property. The CDC board is willing to serve in that capacity if the council desires. Two other requirements which are already met are a minimum expenditure of $2 per capita for tree care and improvements, and the issuance of a proclamation or hold an Arbor Day observance. It was noted that the expenditures can be for irrigation, water, trimming, equipment rental, etc. Mayor Dillard read the caption of the ordinance for this first reading. 3 December 15,2008 I 5.0 I WORK SESSION 5.1 Council to discuss and provide direction to staff on issues relating to co- sponsored organizations, their activities, and partnerships with the city (Nelson) Pam Nelson explained to the council that the term "co-sponsor" as it has been used in the past to announce events and partnerships with various youth organizations seems to be a concern. City attorney Bob Hager then said that the use of Licensing Agreements for the various groups to use the athletic and/or office facilities may be more appropriate than announcing that the Parks and Recreation is "co-sponsoring" them. If the city is participating in the events by helping manage, control or plan, then co-sponsorship is appropriate. There are other events where the city may authorize use of HOT funds, however, the city is not considered a co-sponsor (ex. Pirate Days). Other events should be evaluated on a case by case basis as to whether a Licensing Agreement is appropriate or a co-sponsorship exists. Pam added that the question of liability as it relates to co- sponsored events and volunteers needs to be clarified as well. Discussion of the city allowing discounts for field use fees to local youth organization followed. Councilmember Harris expressed that he feels if the city is contributing to the organizations by discounted fees or other considerations, then those organizations should also be required (as the city is) to adhere to the Open Meetings Act and Public Information Act. Bob Hager noted that while the requirement could be included in a contractual agreement however is not enforceable. Wes Bledsoe with the Colony Youth Soccer Association told the council that they do not want to lose priority for field use and appreciates a discounted field use fee. At 9: 15 p.m. the Mayor requested an executive session to consult the city attorney on these issues. Open session was reconvened at 9:40 p.m. Pam explained they would like council to provide direction on a list of questions. Council responded accordingly as follows: I. What kind of organizations is it appropriate for us to partner with in a co- sponsor relationship? LIST PROVIDED IS OKAY 2. Are there any specific organizations that it is NOT appropriate to work with as co-sponsors? NONE 3. Should non- profit co-sponsors be handled differently than business sponsors in terms of what they get for their sponsorship? (benefits, publicity, etc.) NO, EITHER SHOULD BE ALLOWED TO ADVERTISE AT EVENTS FOR EXAMPLE. 4. Are there any specific limitations on how a co-sponsor should be allowed to promote their group during the course of their co-sponsor relationship with the City? SEE #3 5. Is there an expectation that the City offer co-sponsorship opportunities to other organizations (in order to be "fair") versus working with the original organization who co-sponsored an activity/event (keeping in mind that often times it was the co-sponsor organizations idea/event before beginning to work with the City- (i.e The Roadrunners did Kids Chase By The Lake the first year without the City)? 4 December 15, 2008 NO, THE CITY SHOULD NOT SOLICIT BUT WILL CONSIDER OTHERS IF APPROACHED. 6. Is "co-sponsor" the correct (legal) name for these types of relationships? WILL WORK WITH ATTORNEY TO DESIGN AGREEMENTS BASED ON "TIERS" OF PREFERENCE FOR FIELD USAGE (TIER I WOULD BE LOCAL ASSOCIATIONS). 7. Are there any current co-sponsors that the City should no longer work with? NO. Is there a concern in partnering with the faith community to provide activities? NO. The city attorney and council discussed that the city should be cautious about specific religious doctrine being presented at city co-sponsored events. 8. Should volunteer organizations that are allowed to use our facilities be held to the same Public Information Act, and Open Records Act as required of the City? A POLL OF THE COUNCIL WAS TAKEN- ALL STATED NO EXCEPT FOR HARRIS WHO SAID YES-TO SOME DEGREE. 9. What is the threshold when determining if an organization should provide liability insurance for their participation with the City? (ie. volunteers helping with parking at a big event vs. volunteers helping with a big park clean-up) THE CITY SHOULD NOT REQUIRE BUT ENCOURAGE OR SUGGEST IT. THE CITY INSURES EVENTS BUT NOT VOLUNTEERS WORKING THE EVENTS. 10. Should a staff liaison be assigned to oversee any event for which the City has provided funding? If so, who should it be, and what level of authority should they be given. Should they simply attend organizational meetings for information purposes, or should they control and monitor the expenditures. AFTER SOME DISCUSSION IT WAS DETERMINED THIS WILL BE ADDRESSED ON A CASE BY CASE BASIS DEPENDING ON THE AMOUNT OF FUNDING THE CITY MAY BE PROVIDING (MAY INCLUDE A GRANTING OF HOTEL OCCUPANCY TAXES) AND THE COMPLEXITY OF THE EVENT. Councilmember Marshall suggested that the city always have a staff liaison if city funds are used. Alisa Green representing The Colony Youth Football Association spoke in favor of this organization continuing to partner with the city for distribution of information, advertising, registration at the Recreation Center, etc. Mayor Dillard advised that the relationships will remain but some changes to the agreement documents can be anticipated. 5.2 Receive presentation on F.M. 423 sound wall design concepts and cost estimates, discuss and provide staff with direction on preferred aesthetic options (Nelson) Dave Retch with Jacobs Engineering showed the council three design concepts to enhance the aesthetics of the sound walls that are planned along the residential sections of F.M. 423 when the road is widened. Council is being asked to voice their preferences in order to have a consensus on what the final design should look like. The result will be presented to the homeowners affected after council makes their selection. TxDOT has been included in the discussion of the aesthetics, is in agreement with either of these finishes, and they will pay for the cost of a standard system. The city is expecting to bear the cost to upgrade. The .:; December 15,2008 costs presented are preliminary estimates. Options include precast, stone type patterns and columns, or natural stone. Other options include lighting, precast imagery panels for the end-walls (lake themed), and possible plant motifs in the areas where real landscaping will be limited due to the width of the future hiking trail that will run along a portion of the roadway. Following discussion of the various options and related maintenance, the general consensus of council included the wave finish depicted in Option A, stone or stone veneer for the columns and end-walls, lighting, precast imagery panels for the end-walls, and plant motifs in the narrower areas in order to maintain the planned trail width of ten feet. 16.0 I EXECUTIVE SESSION 11:30 p.m. 6.1 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. Reconvene to Open Session 12:15 a.m. December 16,2008. 6.2 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 pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. No action. And with no further business to discuss the meeting was adjourned on December 16, 2008 at 12:15 a.m. APPROVED: .hn Dillard:.. M~~c=:3".0." lty of The ~nY~I';t; I~'-:)< lY /....,:...~....::.:.'~.::<\\ /"., '. H!~f'i,~ "\: '-'. . "~'~ ~ .- AfJ C~~L1J.~ Christie Wilson, TRMC, CMC City Secretary 6