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HomeMy WebLinkAbout06/01/2009 City Council June 1, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 1, 2009 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 1st day of June 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Mayor Pro-Tem Present Richard Boyer 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 Pledge of Allegiance to the United States Flag Salute to the Texas Flag Oath of Office City Council Place 1- City Secretary Christie Wilson administered the Oath of Office to Allen Harris. Recognition of Former Council Members- Mayor Joe McCourry presented plaques of appreciation to former Mayor John Dillard and former Place 2 council member John Marshall. Deron Williams Sign Dedication- Pam Nelson provided some background information on this former The Colony High School basketball player who went on to play basketball at the University of Illinois and for the National Basketball Association for the Utah Jazz. This recognition by the City of The Colony is for him winning a gold metal in the 2008 Olympics in Bejing, China. Deron was unable to be present so his mother, grandmother, and former coach Tommy Thomas were present for the dedication of three signs that will be placed in the city. Proclamation- Recognizing Eric Yang- A seventh grade student at Griffin Middle School, Eric Yang, competed and won the National Geographic Bee in Washington, D.C. He accepted he proclamation and expressed his appreciation to the city. Presentation from Marine Quest on Hidden Cove Park regarding development and renovations - Darin Williams reviewed the progress of the marina currently under construction at Hidden Cove Park. He added that the park has been very busy so far this summer. Citizen Input- none 1 June 1, 2009 Announcement of upcoming civic events and activities Red Cross blood drive at city hall June 5th , loam-2pm.; Shoreline Trail grand opening Saturday, June 6, at Stewart Creek Park Trailhead, 3-5pm. The North Texas Tollway Authority is holding a ribbon cutting ceremony on June 5th for the naming of the S.H. 121 Tollway as the Sam Rayburn Tollway. The American Legion officer installation is scheduled for Wednesday, June 10th, and they will have a flag retirement ceremony on June 13th at 11 a.m. 2.0 CONSENT AGENDA Councilmember Harris requested this item be pulled from the consent agenda for separate discussion. 2.1 Consider approval of minutes of council meetings held May 18, 2009 (Harris, Marks absent) (Wilson) Councilmember Harris stated he needs to abstain from voting due to his absence at this meeting. Motion to approve- Connelly; second by Boyer, motion passed with all ayes, except for Harris and Marks who abstained. Councilmember Connelly requested this item be pulled from the consent agenda for separate discussion. 2.2 Consider appointing Aaron Barney to fill the vacancy for an alternate on the Board of Adjustment (Council) Councilmember Connelly asked to hear from the interviewers who met with Mr. Barney. Mayor McCourry said he, and council members Marks and Boyer met with Mr. Barney and all voiced their agreement that he be appointed. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing and discuss an amendment to Ordinance 07-1727 relating to the Specific Use Permit for Hawaiian Falls Amusement Park, screening material and landscaping; the property is located at the northeast corner of Paige Road and Memorial Drive, and commonly known as 4400 Paige Road (SP09-0004, Morrison) City Planner Wes Morrison told the council that the 2007 site plan for Hawaiian Falls required a specific type of perimeter screening, and that the applicant is having difficulty with the material as it is causing a maintenance problem with the fence. The applicant is requesting to replace the requirement and use materials These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. - 2 June 1, 2009 similar to what is along the existing parking lot. The applicant is also requesting to do this project in two phases. First would be to repair the existing fence and add new landscaping along Paige Road by August 1, 2009. Phase II would be the same along Memorial Drive with a completion date of August 1, 2010. The Planning and Zoning Commission recommends approval with four conditions, which includes irrigation and dead plant removal within 48 hours of notification. In addition, when the park extends toward the east along Memorial the landscaping and fencing must be expanded as well. The public hearing was opened at 7:45 p.m. Citizen Christi Martin said she lives close by and likes the additional shrubbery to help buffer the noise. The public hearing closed at 7:47 p.m. Councilmember Harris confirmed that the existing screening will stay in place until the landscaping is replaced. Motion to approve to include the four conditions and the deadlines of August 1, 2009 and August 1, 2010- Schrag; second by Connelly; motion passed with all ayes. City Attorney Bob Hager said that he will prepare an ordinance to be included on the next consent agenda. 3.2 Discuss and consider approval of an ordinance amending Chapter 19 of the Code of Ordinances, Sections 19-10 and 19-11, establishing a 40 MPH speed limit and a 25 MPH school zone on Paige Road (Scruggs) City Engineer Gordon Scruggs told the council that based on the engineering study staff is recommending 40 mph for Paige Road from S.H. 121 to North Colony Boulevard, with a 25 mph school zone, and advisory signs in the areas of limited visibility and curves. He added that two alternatives have been previously discussed- one of 40 mph and a 20 mph school zone, and another of 40 mph for the south end of Paige and 35 mph on the northern portion with 20 mph school zone. Motion to approve 40 mph for all portions with a 20 mph school zone and advisory signs- Schrag; second by Marks; Discussion of the enforceability of the advisory signs followed, and it was stated by Bob Hager that a ticket for a violation would be a state law violation not a city ordinance violation. Mayor McCourry reminded council that students walking to Griffin Middle School do have to cross 6 lanes of Paige Road. After further discussion, Mayor McCourry called for a vote. Motion passed with the following vote: Ayes- Harris, Connelly, Schrag, Marks Nos- McCourry, Boyer, Mikulec 3.3 Receive report from RoofTech, discuss and provide direction regarding the design, budget and bidding procedure for the city hall roof replacement (Gilman) 3 June 1, 2009 Facilities Manager Terry Gilman asked the council to provide direction on two issues- what type of roof to use and whether to use Buy Board or go out for a bid. Roofrech provided the evaluation and cost estimate for the roof. The council was polled and the consensus was to bid the roof. City Manager Dale Cheatham told the council that bond funds and General Fund fund balance would be used to pay for the roof. Discussion followed regarding the type of roof to use. Modified Bitumen Roof System is being recommended by staff due to its durability and installation process, and may also qualify for some grants. Cost of this roof and the gravel type roof are about the same. Further discussion of the features and installation process for the two different types of roof followed. Council directed staff to prepare bid documents for the Modified Bitumen Roof. 3.4 Discuss and provide direction concerning a Convention and Visitors Bureau which may include authorizing funding from Hotel Occupancy Tax funds for advertising and other CVB-related expenses (Council) Communications Director Diane Baxter presented council with some cost estimates for advertising and printing promotional materials. She added that she and the city manager met with Penny Riggs with the Fairfield Inn and discussed the possibility of them providing space for a CVB office in the future. Citizen Jeff Scoggins indicated his support of this project and Christi Martin told the council that she is in favor of getting a CVB started, saying that it needs a full- time position and needs to provide a single contact point to help coordinate events in the city. Questions were raised as to how this will intertwine with the Chamber of Commerce. Mayor McCourry advised this project is more than current staff can handle and is in favor of establishing a position and hiring the most qualified person. Several council members expressed that they would prefer the city staff, at least initially, take the lead and move forward to establish a CVB. Dale Cheatham advised he will work on a job description and propose a budget for the position. Councilmember Marks asked who will approve the content of the advertising and the timing of it for special events. Staff will oversee initially. Brief discussion of creating a CVB Board followed. Motion to approve up to $21,000 ffrom the HOT funds] for printed material and advertising under the direction of city manager and staff; to have a proposal on how to continue with the project (board or staffi - Connelly; second by Milulec; motion passed with all ayes. 3.5 Discuss and consider initiating a Request for Proposal for city attorney services to include providing direction and taking action on the frequency with which proposals for city attorney services should be sought in the future (Connelly) Councilmember Connelly said he brought this up as a matter of process. He stated the last RFP for attorney services was in 2003. He asked for council to consider whether to begin this process now, and establish some interval of time to 4 June 1, 2009 do this in the future. Council members Mikulec and Boyer stated their agreement with a standard interval for this. Councilmember Schrag suggested it be done on a non-election year (every third year). The city attorney advised council can establish this procedure by a motion, resolution or ordinance. He suggested it be considered for discussion [on whether to go out for proposal] on a standard schedule such as every third year. Motion to consider a Request for Proposal for city attorney services now- Connelly; second by Mikulec; motion passed with all ayes except for Boyer and Marks who voted no. Motion to develop a guideline and/or consider an RFP every three years in non- election years; second by Mikulec; After some discussion Councilmember Boyer withdrew his motion. The city attorney will bring back an ordinance regarding a schedule for considering a Request for Proposal for city attorney services. 3.6 Discuss and consider appointing a council member to serve as the city's voting member of the North Central Texas Council of Governments (Council) Motion to appoint Allen Harris- Marks; second by Mikulec; motion passed with all ayes. 3.7 Discuss and select a Mayor Pro tem and Deputy Mayor Pro tem (Council) Councilmember Schrag nominated Jeff Connelly as Deputy Mayor Pro tem- all council voted aye. Councilmember Schrag nominated Kirk Mikulec for Mayor Pro tem. Councilmember Connelly nominated Allen Harris. Harris and Marks voted for Harris; all others voted for Kirk Mikulec. 3.8 Discuss and make appointments to the council committees (Council) See Exhibit A Executive Session convened at 10:15 .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 to seek legal advice 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 5 June 1, 2009 attorney to seek legal advice regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Reconvene to Open Session at 10:47 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. And with no further business to discuss the meeting was adjourned at 10:50 p.m. APPROVED: e McCou , Mayor City of T Colony ATTEST: Christie Wilson, TRMC, CMC City Secretary t jt ` f 6 Exhibit A 2009-2010 STANDING COUNCIL COMMITTEES DENTON CO. VOTING MBR. METROCREST MAYORS & OF C.O.G. HOSPITAL CTY. MGRS. AUTHORITY McCourry Harris Marks Cheatham WYNNWOOD FM 423 SOLID WASTE DEVELOPMENT TASK FORCE Connelly Boyer Schrag Schrag Mikulec Boyer McCourry McCourry Cheatham Appointments made at the June 1, 2009 City Council Meeting