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HomeMy WebLinkAbout04/06/2009 City Council April 6, 2009 n MINUTES OF REGULAR SESSION OF COUNCIL 008/66 HELD ON APRIL 6, 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 6th day of April 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Mayor Pro-Tern 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 - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation from Marine Quest on Hidden Cove Park regarding development and renovations- Darin Williams provided an overview of the progress of the marina construction. He said that dock A is complete and the anticipated completion date for the remainder is July. Citizen Input- Richard Boyer announced his candidacy for city council Place 2. Joe McCourry also announced he is a candidate for city council, and encouraged everyone to vote during early voting which starts on April 27th or on Election Day May 9th. Bryce Perkins invited everyone out to Community Night at The Colony High School baseball game on Thursday. David Munden representing the Senior Citizens announced a candidate forum scheduled for April 25th at 10 a.m. at the Community Center. Announcement of upcoming civic events and activities 1- Mayor Dillard provided information on the upcoming May 9th city council election. It was noted that Denton County Elections is also conducting a local option mixed beverage sales election the same day. The only location to vote on this issue will be the Denton County Government Center. Mayor Dillard also congratulated Eric Yang, a Griffin Middle School student, who recently won first place in the Texas 2009 National Geographic Bee. He will now compete in the national competition in 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 0~S76 r April 6, 2009 May. Special Events Coordinator Emily Fox and the Easter Bunny announced Eggstravazanza Egg Hunt and Spring Festival planned for April 9"' at Five Star. Other upcoming Park and Recreation events include Kids Chase by The Lake and _ the Mommy Son Luau. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held March 16, 2009 (Wilson) 2.2 Consider approval of a resolution appointing election judges for the May 9, 2009 Municipal Election and authorizing pay rates (Wilson) 2.3 Consider approval of a resolution authorizing the city manager to execute a License Agreement with Stewart Peninsula South Shore Homeowners' Association for installation of a fence along the Shoreline Trail route (Nelson) 2.5 Consider resignation of Cynthia Shailer from the Cultural Arts Board (Council) 2.6 Consider resignation of Jackie Scott from the Animal Shelter Advisory Board (Council) 2.8 Consider approval of a resolution to deny a proposed CoServ Gas rate change, authorize the necessary proceedings affecting the city's interests, and authorizing reasonable legal expenses (Sparkman) Motion to approve above consent agenda items- Harris, second by Marks, motion passed with all ayes. Mayor Dillard requested this item be discussed separately. 2.4 Consider approval of an ordinance amending the Code of Ordinances, Chapter 14 Parks and Recreation, by adding trail regulations (Nelson) Mayor Dillard suggested that the word "lake" be omitted from Section 14-6 (6), and also questioned the trails not being open after dark. Pam Nelson advised that this is included primarily for the shoreline trail in the interest of safety and security since there is no lighting there. The lighted trails will be open for longer hours. Signage will be placed to inform trail users of the hours. Motion to approve with the word "lake" omitted from (6), and to not include the dawn to dusk hours for the shoreline trail- Marks; second by Dillard, Councilmember Connelly questioned whether the hours for the remaining trails should be specified. Pam advised they would fall under the normal park hours of 5:30 a.m.- 10:30 p.m. Motion passed with all ayes. Councilmember Marshall requested this item be discussed separately. 2.7 Consider adoption of a resolution supporting the name of 121 Tollway for the former S.H. 121 (Dillard) Councilmember Marshall stated he is opposed to the name 121 Tollway. The name Sam Rayburn Tollway has been recommended. With his knowledge of Mr. Rayburn he is in favor of naming the road after him. 2 April 6, 2009 O O S! 6 p Motion to approve a resolution with the name Sam Rayburn Tollway; c7 Mayor Dillard then stated that the City of The Colony is identified by the 121 Tollway name, and Denton County has also indicated their preference for the name 121 Tollway. Second by Connelly; motion failed with the following vote: Aye- Marshall; all others voted no. Motion to approve as presented- Connelly; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA Mayor Dillard requested an executive session on item 3.1 at 7:35 p.m. Open session reconvened at 8:06. 3.1 Receive presentation from the Chamber of Commerce regarding Pirate Days and take appropriate action (Council) Councilmember Marshall read a prepared statement regarding a potential conflict of interest. He said the city attorney provided a legal opinion letter regarding city council members' spouses being on the Chamber Board or committees. While the attorney advised there is no violation of state law [for spouses to be involved], it may be a charter violation. Councilmember Marshall stated that while he feels there is no conflict, he submitted a Conflict of Interest form to the city secretary and intended to recuse himself from this agenda item. Councilmember Marshall stated his wife (Cindy Marshall) resigned last Saturday from the Chamber Board, so he has reconsidered his position and will not recuse himself. In addition, he stated that since his wife has been on the board (February 2009) she has not participated in any chamber meetings when this item was discussed. At this time Mayor Dillard provided a statement concerning his wife's (Nancy Dillard) involvement (as a committee member) in this event. She is an unpaid volunteer. The city attorney advised him he has no conflict of interest. Liz Ripperger provided some history of the Pirate Days theme and last year's event. She stated the dates for this year are October 17-18, and listed several events and activities that are in the works. Allyson Mahavics, Chamber Executive Director, reviewed the various ways the city profited and benefited from last year's event. Councilmember Connelly asked who is on the Chamber Board at present, and who can sign checks or disperse funds. Allyson read the list of names and stated that the director and treasurer, and in an emergency a third committee (not a chamber) member, can sign. A monthly financial report will be provided to council. Councilmember Mikulec asked about stage rental, and whether the city stage will be used. Allyson said they would like to use the city's stage for local groups but the larger stage will be needed as well. A beer sales area was discussed, and it was stated that a sponsorship is in progress that will likely result in a designated area for beer sales. The Chamber will not sell beer this year. Councilmember Harris asked if there was a document that all committee members 3 00370% April 6, 2009 signed acknowledging their knowledge of policies for the event. He asked if it could be provided and included as a supplement to the Funding Agreement. Councilmember Harris then asked if there is a backup plan in the event of a budget shortfall. Allyson said they are pursuing sponsorships, and they will not plan to expend money that they do not have. The Chamber has responsibility for any overages, and the Funding Agreement can include the fact that the city has no liability in the matter. Discussion of dispersing the funds incrementally followed. Liz Ripperger spoke in opposition of this idea. Councilmember Connelly asked whether the budget request for $54,000 can be reduced since the city only budgeted $50,000. Liz indicated no. The following citizens spoke in favor of this agenda item: Keith Ripperger, Becky Everett, Trace Yarborough, Bart Ripperger, Vena Martin, Joan Lux, Claudia Stooksberry, Therese Casterline, and Anna Newport. Councilmember Schrag asked about a bank account, and Allyson said the Chamber will open a separate account for Pirate Days. Motion to approve $54,000 from Hotel Occupancy Tax funds for Pirate Days- Marks Councilmember Harris asked if he would amend the motion to add the monthly financial reporting as well as the signed policy document of the committee members. Allyson added they will provide a final audit 30 days after the event. Councilmember Marks amended his motion to include: Report to the city on a 30 day basis for the accounting and final audit, and include the policy document; second by Marshall, Councilmember Harris asked to clarify the fact that he supports Pirate Days this year the same as last, and his concern was with perception of the city. Councilmember Connelly added that he is concerned with perception, and was one who was voicing his concern with council members' spouse involvement. He indicated he will vote no on this item at this time. Motion passed with all ayes except for Connelly who voted no. 3.2 Presentation of the Comprehensive Annual Financial Report by the outside Auditors (Koo) Finance Director Rebecca Koo stated the auditing firm of Weaver & Tidwell has completed the annual financial report for year ending September 30, 2008, and they issued a clean opinion with no major findings. Assistant City Manager Tony Johnston then addressed the council with an update on the Standard & Poor's rating for the city's revenue bonds. The rating was A- and is now upgraded to AA-, equivalent to the rating the city has for general obligation bonds. Dale Jensen of Weaver & Tidwell reviewed the highlights of the report for council, adding that the city has a strong financial position. Mayor Dillard commended _ the staff. 3.3 Conduct a public hearing, discuss and consider approval of an ordinance amending Planned Development 16 to allow a temporary leasing trailer and 4 GO S 770 April 6, 2009 security trailer as accessory uses to be located north of S.H. 121, south of Memorial Drive, and west of Morning Star, specifically known as Tract D in PD 16 (Z09-0003, Bateman/Morrison) City Planner Wes Morrison reviewed this request for a zoning amendment for the addition of two temporary trailers at the Evergreen Senior Living complex. Planning and Zoning recommends approval with two stipulations- one being that the leasing trailer must be removed within one week of the issuance of the certificate of occupancy, and the security trailer must be removed within one week of final inspection of the site. Mayor Dillard opened and closed the public hearing at 9:25 p.m. with no one wishing to speak. Motion to approve- Connelly, second by Marks; motion passed with all ayes. 3.4 Second reading, discuss and consider approval of an ordinance for the voluntary annexation of approximately 219 acres of land generally located on the north and south side of Lebanon Road and Boyd Road in the northern section of the City of The Colony Extraterritorial Jurisdiction (A09-0001, Bateman/Morrison) Wes Morrison told the council that this is the final action required for this voluntary annexation. He reviewed the locations of the two tracts involved. Motion to approve- Schrag; second by Mikulec, motion passed with all ayes. The city attorney advised this does not include the "finger" or the "lightening bolt". 3.5 Conduct a public hearing, discuss and consider approval of an ordinance authorizing a zoning change from Agriculture and Single-Family zoning districts to Planned Development 23 to allow for a mixed use development for residential, office, and retail uses. The site is approximately 322 acres located north of Lebanon Road and Boyd Road (Z09-0002, Bateman/Morrison) Wes Morrison advised council that the Development Standards are the same as were approved in January for the pre-annexation agreement. He reviewed the concept plan which includes 24 acres for a Town Center, 238 acres for single- family uses, and 60 acres for mixed-development. There must be a minimum of 20 acres of commercial. Mayor Dillard opened and closed the public hearing at 9:29 p.m. with no one wishing to speak. Councilmember Marshall asked if the existing Boyd Road will remain as is. Wes stated that yes Boyd Road is on our Master Thoroughfare Plan. Stonefield will also connect through. Motion to approve- Marshall; second by Connelly; motion passed with all ayes. 3.6 Discuss and consider approval of a resolution authorizing the city manager to execute a local transportation project advance funding agreement for 5 U U April 6, 2009 construction and maintenance of the F.M. 423 sound wall; confirm sound wall design, and provide direction to staff on how the wall segment vote should be taken (Nelson) Park Manager Keith Helms reviewed the draft agreement for construction by the state and maintenance by the city of the proposed sound wall. The major item in question on this agreement is 20% of the base construction costs being the limit for esthetic enhancements that TxDOT will pay for. Cost estimates for maintenance are speculative at this point because actual life of a wall is unknown. Keith added that the state will pay for wall replacement, and reviewed the city's responsibility for maintenance. Keith reviewed the various sections of the proposed wall. He said the property owners adjacent to the wall will have the option of voting on it. City Manager Dale Cheatham recommended to council that they not approve this particular draft document at this time but to approve the concept of it. He is concerned with the 20% limit on what the state will pay for enhancements and suggested council may want to consider requesting this amount be more. He recommends all enhancements be add-ons to the bid. Executive session was called by the city attorney at 9:45 p.m. and open session reconvened at 9:55 p.m. Motion to agree to the concept of the agreement with the city paying for maintenance and TxDOT paying for construction- Marshall, second by Connelly, motion passed with all ayes. [The resolution adopting this agreement was not approved.] Keith said that owners closest to the wall sections will be able to vote on whether or not to have the wall. He reviewed the locations of the 11 wall segments, and proposed (varying) heights. The options are to have all 42 voters vote on one wall [being all segments] or split it up by neighborhood and let them vote on the wall segments closest to them. A workshop will be held by TxDOT to present the design and those who are present can vote on whether or not to have the wall. Motion for residents to vote for one wall- Connelly, second by Marks, motion passed with all ayes. Keith reviewed the previously discussed design options (A & B). He said staff recommends Option A since it is believed the maintenance costs would be lower than on Option B. He asked for council to confirm their choice; only one will be presented to the residents. Motion for Option A- Schrag; second by Mikulec; motion passed with all ayes. 3.7 Receive presentation, discuss and consider approval of a resolution authorizing the city manager to execute a professional services agreement for the Main St./F.M. 423 Streetscape Design, including design coordination services, and concept design for entry monuments along the F.M. 423 corridor (Nelson) Keith stated the contract in the agenda packet has been modified. He read page 5 item 7.6 as changed to say not to exceed 200% of total compensation paid to the 6 April 6, 2009 O O S 7` G consultant. The Scope of Services includes landscape, irrigation and construction documents; design coordination and entry monumentation design are requested by staff as well. Motion to approve with all three elements- Connelly, second by Mikulec; motion passed with all ayes. 3.8 Discuss and take appropriate action regarding council member attendance at the International Council of Shopping Centers (ICSC) tradeshow, May 17- 20, 2009 (Terrall) Economic Development Director Tom Terrall advised the council that EDC would like two council members to attend this convention as they have in the past. He stated it is very helpful to have council attend. Council members Marks and Harris volunteered. 3.9 Discuss and consider the purchase of used TV/Video equipment, and provide direction to staff (Koo/Maker) IT Manager Bruce Maker noted that funds for this expenditure are not budgeted, and introduced Duane Sanders who reviewed the need for replacing the city's existing video equipment. He named some of the events the volunteers have recorded, including high school athletics. The proposed equipment was found for sale on-line from a non-profit organization (Joy Ministries) and is 4 years newer than the existing equipment. He added the organization will provide a 90 day warranty. Duane said he has inspected the equipment and it is in good shape. The price for four cameras and related equipment is $13,000. Councilmember Connelly asked if there are other sources than the Fund Balance for this purchase; Dale Cheatham said he will look for old capital money that may be available. Discussion of the city events previously recorded and shown on the city's cable channel followed. Councilmember Marshall asked whether changing lenses would accomplish the upgrade needed. Duane said they would not be able to match up new lenses to the old equipment. Motion to approve $13,000 to Joy Ministries for used equipment - Marks; second by Harris, Councilmember Schrag stated he is concerned with purchasing this particular used equipment and the age of it, and asked whether new batteries are included in the $13,000. Duane said it includes batteries. Bruce stated the Tech Board had discussed offering $11,500 for the used equipment and using $2,000 for new batteries. Councilmember Marks rescinded his motion until they can get clarification on the exact cost, batteries, and warranty. Motion to table until next meeting- Marks, second by Harris; motion passed with all ayes. 7 OUP/6 April 6, 2009 3.10 Discuss and consider approval of a resolution awarding a bid for sidewalk and alley repairs and authorizing the city manager to execute a contract (Eubanks) Public Works Director Steve Eubanks requested approval for an annual contract for alley and sidewalk repairs. Cost is near the same as last year. The backlog of sidewalk requests is cleared up, but alleys are not. Low bid is about 5% less than last year. Motion to approve- Harris; second by Marshall, motion passed with all ayes. 3.11 Receive presentation on the condition of the City Hall/Library roof and provide direction to staff (Eubanks) Terry Gilman introduced Patrick Hicky who has worked on the roof in the past and is a representative of the Buyboard. Terry added that this is the original roof on the building and is well worn. They reviewed the current condition, recommended roof type, and preliminary costs. Terry stated they are requesting guidance from council. Mayor Dillard suggested the city use a consultant to help make a decision. Discussion of the life of this building followed with Dale Cheatham recommending they consider a 20 year roof based on preliminary cost estimates. Motion to hire a consultant- Connelly, second by Mikulec; motion passed with all ayes. Executive Session was convened at 11:30 .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. 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. C. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAs GOVERNMENT CODE to consult with the city attorney regarding a possible annexation of approximately 259.62 acres of land on Lebanon Road and Boyd Road. D. Council shall convene into a closed executive session pursuant to Section 551.071(2) of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney concerning a claim for damages for wastewater _ backflow for property located at 5061 Lake Vista Drive, The Colony. 8 April 6, 2009 O 0 "17 4 Reconvened to Open Session at 11:55 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. 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 a possible annexation of approximately 259.62 acres of land on Lebanon Road and Boyd Road. No action. D. Any action as a result of executive session regarding a claim for damages for wastewater backflow for property located at 5061 Lake Vista Drive, The Colony. No action. And with no further business to discuss the meeting was adjourned at 11:55 p.m. APPROVED: Joh Dillard, Mayor Cit f The Colony ATTEST: Christie Wilson, TRMC, CMC City Secretary 9