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HomeMy WebLinkAbout03/16/2009 City Council March 16, 2009 00S MINUTES OF REGULAR SESSION OF COUNCIL ~6G HELD ON MARCH 16, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 16th day of March 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Absent Allen Harris Mayor Pro-Tem Absent John Marshall Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Councilmember Absent Perry Schrag Deputy Mayor Pro-Tem Present Joel Marks Councilmember Present And with four council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order- Deputy Mayor Pro-tem Perry Schrag Invocation - Dale Cheatham Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. She also reviewed the features of the Testing and Education Reference Center that is available through a link on the Library web page. Deputy Mayor Pro-tem Perry Schrag advised that Mayor Dillard was unable to be present, Councilmember Harris was on vacation, and Councilmember Mikulec had a family emergency. He also noted that candidate filing for the May 91" city council election is now closed. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held March 2, 2009 (Wilson) 2.2 Consider approval of Council expenditures for February 2009 (Council) 2.4 Consider approval of a resolution accepting the December 31, 2008 Quarterly Investment Report (Koo) Motion to approve above consent agenda items- Marks; second by Marshall, motion passed with all ayes. t These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. i 00-lb' March 16, 2009 Councilmember Connelly requested items 2.3, 2.5 and 2.6 be discussed separately. 2.3 Consider approval of a resolution implementing the donation programs via utility bill payments and their designated uses (Koo) Councilmember Connelly stated that he would like all expenditures from the donation funds be approved by council because it is a new program. Deputy Mayor Pro tem Schrag asked Finance Director Rebecca Koo whether the funds listed in the resolution are in an order of priority; she advised they are not. Councilmember Marshall asked Rebecca whether additional manpower will be needed in relation to the check in and out process. Rebecca advised that this is a continuous commitment however; each utility stub returned will be checked by staff to identify those who wish to begin or discontinue the program. Motion to approve with an amendment for all expenditures to be approved by council- Connelly; second by Marks; motion passed with all ayes except for Marshall who voted no. 2.5 Consider approval of a resolution awarding a bid and authorizing the city manager to execute a contract for fiber optic connectivity between City Hall and One Harris Plaza (Koo/Maker) Councilmember Connelly asked for an explanation for the difference in the funding sources as they were discussed at the Technologies Board meeting versus what is presented for this request. IT Manager Bruce Maker explained that the Tech Board minutes addressed two different projects. The fiber optics project for the police/court facility is funded from the Court Technology Fund. This particular project will be funded from this year's debt issuance. Councilmember Marshall, council liaison to the Technologies Board, explained that the board generally does not consider funding sources when they evaluate a project. Motion to approve- Connelly; second by Marshall, motion passed with all ayes. [North American Information Systems was awarded the bid.] 2.6 Consider postponing discussion of the previously tabled request from the Chamber of Commerce for use of Hotel Occupancy Tax funds for the 2009 Pirate Days event (Council) Councilmember Connelly explained that this item was tabled to this date however the Chamber of Commerce requested this be postponed. Motion to postpone to a date uncertain when the Chamber is ready to present- Connelly; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider a specific use permit to allow a municipal complex use within the single-family district on property located 2 005761 March 16, 2009 on the south side of North Colony Boulevard, approximately 1,930 feet west of Paige Road, being approximately 24 acres (SUP08-0007, Bateman) Planning Director Donna Bateman explained that this request for a Specific Use Permit is being made by the city. The location where the Police Department, Parks and Recreation, Community Center and ball fields are is zoned single family and a government complex is not allowed in a single family district. This issue came to light during the proposed expansion project. The public hearing was opened and closed at 7:21 p.m. with no one wishing to speak. Deputy Mayor Pro tem Schrag asked whether this had been done in the past. Ms. Bateman replied it had not and the city wants to be sure it is zoned properly. She said letters were sent to the surrounding property owners with one returned in opposition. Motion to approve- Marshall; second by Connelly, motion passed with all ayes. 3.2 Discuss and consider approval of a resolution awarding a bid and authorizing the city manager to execute a contract for replacing a fence along North Colony Boulevard in the Northpointe Subdivision (Eubanks) Public Works Director Steve Eubanks explained that this project is to remove and replace an existing brick wall/fence that is in disrepair, and presented a diagram of the location. He reviewed the bid process and explained that the fence will be replaced with wrought iron that has a twenty-year warranty on the painted finish. The low bidder is Ratliff Hardscape, LTD. Their workmanship has been checked and staff recommends awarding the bid to them. The project should start in six to eight weeks. Motion to approve- Marshall; second by Marks; motion passed with all ayes. EXECUTIVE SESSION WAS NOT CONVENED. 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. 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. 3 oos~s March 16, 2009 And with no further business to discuss the meeting was adjourned at 7:31 p.m. APPROVED: Jo Dillard, Mayor Ci of The Colony ATTEST: y Christie Wilson, TRMC, IffMC City Secretary 4