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Home My WebLink About01/05/2009 City Council January 5, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JANUARY 5, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 5th day of January 2009, 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 Present And with seven council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of former EDC board members Bob Norris and Rick Casterline- Economic Development Director Tom Terrall recognized these two out-going board members for their years of service, and also stated their positions on the board. Mayor Dillard presented plaques. Citizen Input- Lynda White asked council to reconsider the plan to put a road through the edge of her property as it would require tearing down her expensive fence. Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. City Engineer Gordon Scruggs reminded everyone about the public meeting planning for tomorrow at 6:30 p.m. at city hall to discuss the erosion control plan for Ridgepoint. Councilmember Harris announced a transportation meeting scheduled for Thursday at Lewisville City Hall. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held December 15, 2008 (Connelly absent) (Wilson) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 00S'"3 j January 5, 2009 2.2 Consider approval of an ordinance amending the comprehensive zoning ordinance and map by granting a change in zoning from PD-10, PD-12, and PD-13 to PD-22, consisting of approximately 894.78 acres located on the east and west sides of Plano Parkway south of S.H. 121, and north and south of Windhaven Parkway (Z07-0007, Bateman) 2.3 Consider approval of a resolution suspending the effective date of a CoServ Gas rate increase request (Sparkman) 2.4 Consider adopting a resolution expressing official intent to reimburse costs of projects (Koo) 2.5 Consider approval of a resolution awarding a bid and authorizing the city manager to issue a purchase order for replacement lighting at Turner Street Soccer Complex (Helms) Motion to approve above consent agenda items- Marshall; second by Connelly; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Second reading, discuss and consider approval 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 6 to provide for a Public Tree Advisory Board; consider designating the Community Development Board as the Tree Advisory Board (Helms) Parks Manager Keith Helms advised he provided the list of expenditures for tree care that totals more than is required for the Tree City designation. Council members Connelly and Schrag expressed their desire to have individuals other than the CDC members hold the board positions. CDC President Don Beckel stated that the CDC intent is to be the starter board until council can fill the positions otherwise. Keith added that the CDC already has funds set aside for tree planting. Public Works Director Steve Eubanks told the council that he has reviewed the ordinance and is satisfied that there is no problem with the city removing trees if necessary for road or sidewalk repairs. Discussion of the expenditure list followed. Keith told the council that the Tree City designation has to be applied for annually so if at some point the total dollars spent is inadequate then they won't apply that year. Motion to approve the ordinance- Marshall; second by Connelly, motion passed with all ayes. Motion to appoint the CDC board as the Tree Board- Harris; second by Marshall; motion passed with all ayes except for Connelly who voted no. Councilmember Schrag requested council appoint a dedicated board in the near future. 3.2 Discuss and consider approval of an ordinance amending the Code of Ordinances, Chapter 6, Article X Recreational Vehicle Regulations relating to requirements for parking and storing watercraft (SI08-0006, Bateman) 2 F UIJS'8 January 5, 2009 Donna advised this proposed ordinance amendment is at the request of council from a previous meeting and includes the definition of watercraft. The ordinance also changes the regulations for parking recreational vehicles on the street to 8:00 a.m. Friday and Sunday at midnight. She added that the police chief voiced a concern with this length of time on narrower streets. With the inclusion of watercraft to the recreational vehicle category, it restricts parking them in front entry driveways (the same as recreational vehicles). There is no requirement for a vehicle being attached for on-street parking. Citizens who spoke in opposition to the ordinance were Jeff Scoggin, Kathy Dickson, and Kirk Stoner. Councilmember Harris requested the front drive restriction be removed [Sec. 6-172(b)(5)], and possibly add something to the effect that on-street parking should not hinder traffic. It was noted that some neighborhoods have no alleys and only front entry driveways which leaves no other area except inside the garage for boat parking. Councilmember Connelly stated he did not believe boats hinder beautification. Mayor Dillard asked for staff to provide a summary of the types of complaints received in the past. Motion to table to the first meeting in February-Harris; second by Connelly; motion passed with all ayes. 3.3 Discuss and consider approval of a resolution awarding a bid and authorizing the city manager to issue a purchase order for work management software (Eubanks) Steve Eubanks reviewed this software will be utilized by the Public Works as well as other departments. A committee reviewed the software of six companies [available through an interlocal purchasing agreement with Frisco] and selected Azteca Systems. This software allows an unlimited number of users. It includes a six year maintenance agreement and staff training. He indicated that use of the software will help them establish performance standards in the future. Motion to approve- Connelly; second by Marks; motion passed with all ayes except for Harris who abstained. 3.4 Council to discuss speed study for Paige Road and provide direction to staff (Mikulec) Councilmember Mikulec stated that a speed study was previously discussed, and after feedback from residents he is requesting further discussion. Councilmember Harris stated the roadway was safe prior to construction and recommends it remain at 35 miles per hour. Citizens Bart and Liz Ripperger agreed the speed limit should be increased [from 30] and requested the city check out bushes that are blocking drivers view when entering the roadway. Steve Eubanks suggested a speed study be done after all lanes are opened and have been in use for a while (4- 6 weeks). Councilmember Marshall reminded the council that after additional median cuts were added is when the engineer recommended 30 mph. Motion to direct staff to order a speed study at staffs recommended time line- Marks; second by Connelly; motion passed with all ayes. 3 WS I" January 5, 2009 3.5 Receive presentation and discuss the 2008 Pirate Days, and provide direction regarding future events (Connelly) Tom Tvarzick, volunteer accountant for the Pirate Days event, reviewed the income and expenditures preliminary report. He added that all sponsorships did not come through due to the economy, and that profits were not what they expected. No exact attendance numbers were available however 1,300 parking spaces were sold over the two days. Some things that may be done differently next year include a reduction of security, hopefully using the city's stage [rather than renting another] and the alcohol sales will be reevaluated. Tom added that Stewart Creek Park will need more electrical in order to expand the food vendor area. On the positive side, the children's area and the Geocache were quite successful. Mayor Dillard consulted the council on postponing the evaluations until the next meeting to allow more preparation time, and they all agreed. Councilmember Connelly requested the city manager and city secretary do a self-evaluation as well. Executive Session convened at 9:07 .m 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 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Manager annual evaluation. Not addressed. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Secretary annual evaluation. Not addressed Reconvened to Open Session at 9:57 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. Motion to direct the city attorney to move forward on an appeal to the Supreme Court for the North Texas Municipal Water District and City of Frisco law suit- Marshall; second by Harris; motion passed with all ayes. 4 QQ874G January 5, 2009 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. C. Any action as a result of executive session regarding the City Manager annual evaluation. D. Any action as a result of executive session regarding the City Secretary annual evaluation. And with no further business to discuss the meeting was adjourned at 9:58 p.m. APPROVED: Iyn Dillard, Mayor of The Colony ATTEST: Christie Wilson, TRMC, CMC City Secretary s , 5