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HomeMy WebLinkAbout01/19/2009 City Council January 19, 2009 (1 p i MINUTES OF REGULAR SESSION OF COUNCIL U J / t HELD ON JANUARY 19, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 19th 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 Absent Perry Schrag Councilmember Absent Joel Marks Councilmember Present And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - St. Peter's Episcopalian Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities 1- Library Director announced current and upcoming programs, events, and service improvements; Mayor Dillard read a Martin Luther King, Jr. Day Proclamation; Mayor Dillard announced that council members Schrag and Mikulec were both out on business. Mayor Dillard pulled item 2.3 from the consent agenda. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held January 5, 2009 (Wilson) 2.4 Consider rejecting the proposals for cellular leases/licenses conversion to lump sum payment (Scruggs) 2.5 Consider approval of council expenditures for the month of December (Council) Motion to approve above consent agenda items- Harris; second by Marshall, motion passed with all ayes. i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 UU3ltL January 19, 2009 Councilmember Connelly pulled 2.2 for separate discussion. 2.2 Consider approval of a resolution authorizing the city manager to execute a contract with the Texas State Library & Archives Commission for acceptance of a Loan Star Libraries grant (Sveinsson) Councilmember Connelly confirmed with Library Director Joan Sveinsson that the new grant position is temporary. Motion to approve- Connelly, second by Harris, motion passed with all ayes. Not considered. 2.3 Consider granting the Cultural Arts Board use of Hotel Occupancy Tax funds for promoting and producing a National Dance Week event (Margolis/CAB) At this time City Manager Dale Cheatham introduced newly appointed Fire Chief Scott Thompson. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approval of an ordinance amending the Code of Ordinances, Chapter 9 Fire Protection and Prevention, by repealing and replacing with a new Chapter 9 which consists of establishment of the department and its components, provides for required building material and permits, and adopts the 2006 International fire Code (SI09-0002, Thompson/McMurphy/Bateman) Fire Marshall Carl McMurphy told the council that the entire Chapter 9 has been rewritten due to it being outdated. He added that this new version includes adoption of the 2006 International Fire Code with amendments. Carl confirmed that the fire sprinkler requirement for 6,000 square foot buildings is for commercial properties only at this time. Motion to approve- Harris; second by Marshall, motion passed with all ayes. 3.2 Discuss and consider approval of ordinances amending the Code of Ordinances by adopting the 2006 editions of: International Building Code, International Residential Code, International Mechanical Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, with regional amendments, and the 2008 National Electrical Code with regional amendments (SI09-0001, Bateman) Planning Director Donna Bateman advised adoption of these codes occurs every three years. These ordinances also include the North Central Texas Council of Government Regional Amendments. She asked for council to decide on the size of home that will require fire sprinklers (International Residential Code). Donna provided a list of communities with sprinkler requirements. She added that when the 2009 codes are adopted in 2011 it will be mandatory for all residential 2 January 19, 2009 008/1" properties to have fire sprinkler systems. It was confirmed that townhomes are included under commercial buildings and already require sprinklers. Mayor Dillard asked how the Energy Code requirements compared with the State adopted code. Donna advised ours will match or surpass the State's. Motion to approve the International Residential Code to include required fire sprinklers for 6,000 square feet homes [Appendix P]- Marshall, second by Harris; motion passed with all ayes. Motion to approve the remaining 2006 codes- Harris; second by Marshall, motion passed with all ayes. 3.3 Discuss and consider approval of a resolution authorizing the mayor to execute an annexation agreement by and between the City of The Colony and Wynnwood Peninsula Partners GP, LLC or any of its affiliates for approximately 220 acres in the Tribute Wynnwood Peninsula (SI08-0014, Bateman) Donna advised this is a voluntary Pre-Annexation Agreement and includes zoning plans for two sections of property (one being just south of and does not include the "lightning bolt") when the annexation occurs. Zoning includes 99.5 acres of mixed used, 242 acres of single family, and 24 acres for a town center. She presented a location map of the areas, adding that Wynnhaven Estates is not included. Councilmember Harris asked for some clarification on the number of acres. Donna said that some of the property is already included in the city limits and the part that is not is approximately 220 acres. City Attorney Bob Hager advised the council that the developer has a home product that includes a "1/2 story" landing and in order to accommodate that, a proposed change to "height" is requested. If approved, it will change the definition of height, some language in Section 8, and cause a change in Table 1 in the Agreement. Motion to approve with the proposed language changes- Connelly; second by Harris; motion passed with all ayes. 3.4 Discuss and consider approval of an annexation schedule for two tracts of land in the Tribute and authorize the city manager or designee to adjust such schedule in accordance with state and local law (A08-003, Bateman) Donna advised this is a voluntary annexation and the schedule includes conducting both required public hearings on the February 2°d agenda. She said there are no requirements for separate dates and the property owner wants to start development. Kristian Telecki told the council that a lot of time was taken to prepare the Pre-Annexation Agreement and he wants to move forward. Motion to approve- Marshall; second by Connelly, motion passed with all ayes. 3 008744 January 19, 2009 [Mayor Dillard moved 3.7 up on the agenda.] 3.7 Discuss and consider a request from Harvest Family Entertainment for a reduction in the annual lease payment for Hawaiian Falls Waterpark to be reinvested in capital improvements (Nelson) Parks Director Pam Nelson introduced Dave Bush with Hawaiian Falls who stated they need to reinvest capital into the park and additional bank funding is difficult at this time. Mr. Bush asked for council to consider temporary relief on the rent for the next five years. He said in the first year they want to replace the fencing along Paige Road with wrought iron and add new landscaping. They will also add horseshoes and a volleyball court. In the second year they will add a new slide and more fencing. They also want to expand the public picnic and children's spray area. Mr. Bush said over five years it will hopefully mean one million dollars in improvements, which would amount to a fifty percent credit against the lease. At 7:50 p.m. Mayor Dillard requested an executive session with the city attorney. Regular session reconvened at 8:40 p.m. Motion to reopen the lease to entertain a negotiation for proposal - Marks; second by Harris; Request to amend the motion by tabling until Feb. 2n - Marshall; second by Connelly; motion failed with Marshall and Connelly voting aye; all others voted no. Vote on original motion- motion passed with all ayes except for Marshall and Connelly who voted no. 3.5 Discuss and consider approval of donation programs on the city utility bills, and provide direction to staff on the usage of the donations and whether the programs should be long-term (Koo) Finance Director Rebecca Koo said this item is brought forth at council's request for staff to create an easy way for residents to make donations to the city for public purposes. After researching the utility software, consulting with other cities and discussing with staff, she determined two donation programs can be implemented through utility billing. First is the Round-up Program where customers can round-up to the next dollar their utility payment for a specific use. Customers would have the option of donating one time or on a continuous basis. The second is the Recycling Rebate Program. This program allows customers to donate their recycling rebate to a particular program. This donation can also be done one time or on a continuous basis. If customers elect to donate on a continuous basis they would be asked to sign an agreement committing to the donation, however it can be canceled at any time. Rebecca asked for council direction on these options, as well as direction as to where the funds will be applied. City Manager Dale Cheatham suggested the city beautification fund. Councilmember Marks suggested the donations go towards public safety. Councilmember Connelly stated during previous 4 00871 5 January 19, 2009 discussions of the Round-up Program it was noted that PediPlace may be an option [since it is unknown if the city will provide further funding to them]. Rebecca suggested the city could wait for six months before making a decision on uses. Citizen Lisa Leary spoke in favor of beautification and/or a tree fund. City Attorney Bob Hager advised they need to bring back a resolution at the next meeting. 3.6 Receive presentation, discuss, provide direction to staff, and take appropriate action to select a sound wall concept and consider a TxDot proposal on cost sharing (Helms) Parks Manager Keith Helms advised that the design concepts for the F.M. 423 sound wall selected by council last December were discussed at the January F.M. 423 meeting. Mr. Maurice Pittman suggested TxDOT pay for the cost of the design and construction of the wall, and the city would take over the maintenance responsibilities. After further discussion council members were polled as to their preference on design. Council members Harris and Marshall preferred Option A; Mayor Dillard, Councilmember Connelly and Councilmember Marks preferred Option B [in light of the possibility of TxDot paying for the cost of the wall, rather can the city bearing some of the costs]. Motion to table to the next meeting- Marshall, second by Connelly, motion passed with all ayes. 3.8 Discuss and consider approval of a resolution authorizing the city manager to execute a design services contract for the construction of a new Water Well No. 4 to be located at Office Creek Pump Station (Maurina) Utility Superintendent Tod Maurina advised the council that this item is part of the water master plan (originally proposed as an ASR well). Tod added that new legislation has been passed that will require the Texas Commission on Environmental Quality to establish groundwater districts. He is in favor of getting approval for the well now and perhaps the city would be grandfathered. The only funds dispersed at this time l Ok-$15k) will be to apply for approval for the well, which will take approximately three months. The city would then have two years for construction of the well. Mayor Dillard voiced his opinion that the city should move forward. Councilmember Harris stated he does not think the city needs a fourth well in the next two years since there's ample water available from Dallas Water Utilities and there is no guarantee we won't be included in a groundwater district. Also, he is not in favor of passing the cost to construct on to the citizens if it can be avoided. Tod said the cost to construct would be about two-million dollars. Tod continued by saying he feels having access to groundwater options is very beneficial to the city in the future. Discussion of estimated construction costs that would be passed on to the residents monthly followed. Dale reminded council that a savings would occur by not purchasing water from DWU. Motion to approve- Marshall, second by Connelly, motion passed with all ayes. 5 006746 January 19, 2009 3.9 Discuss and consider approval of a resolution authorizing the city manager to execute a construction services contract for a left turn lane and median opening on Memorial Drive at the Wal-Mart parking lot entry (Scruggs) City Engineer Gordon Scruggs said an Economic Development Agreement was approved last November for reimbursement of the cost of this project. The engineering has already been approved and EDC will also reimburse that. He reviewed the details of opening up the median to allow westbound traffic to turn left into the Wal-Mart parking area. The low bidder was Jim Bowman Construction. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.10 Discuss and consider approval of a resolution authorizing the city manager to execute an agreement for lobbyist services (Dillard) Mayor Dillard advised that he was given a proposal by lobbyist Fred Hill asking for the city to consider his services, particularly regarding roadway funds. Another proposal from attorney Ryder Scott, whose specialty is transportation, has also been submitted. Mayor Dillard asked for council's opinion on the matter but stated he believes it might be beneficial to the city. Councilmember Harris stated he feels one lobbyist for our city is not very effective, but that we should continue utilizing the services of the North Central Council of Governments, Texas Municipal League, and elected state officials on transportation issues. In addition, he feels the expense of a lobbyist is not warranted and not a prudent use of city money. Councilmember Marshall stated he feels Fred Hill may be more knowledgeable of the legislative process than Ryder Scott. He added, however, that any conflict of interest should be discussed. Councilmember Connelly stated he is not in favor of this. Motion to approve Fred Hill- Marshall, second by Dillard, motion failed with the following vote: Ayes- Dillard & Marshall, Nos- Harris, Connelly, & Marks 3.11 Discuss and consider council member attendance at Denton County Day in Austin on February 9-10, 2009 (Council) After a brief discussion it was decided that Councilmember Harris, Councilmember Marshall and Mayor Dillard will attend. Executive session was convened at 10:00 .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. 6 January 19, 2009 0 0O ( 1 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. 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. E. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. Reconvene to Open Session at 12:20 a.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 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. Motion to approve a 4% cost of living increase retroactive to when the other city employees received it [October 20081- Harris, second by Marshall, motion passed with all ayes. D. Any action as a result of executive session regarding the City Secretary annual evaluation. No action E. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action 7 008148 January 19, 2009 And with no further business to discuss the meeting was adjourned at 12:21 a.m. on January 20, 2009. APPROVED: i Dillard, Mayor )hn ty of The Colony ATTEST: Christie Wilson, TRMC, CMC City Secretary r.' i ' g