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Home My WebLink About06/15/2009 City Council June 15, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 15, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.m. on the 15th day of JUNE 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present (arrived 7.12) Richard Boyer Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Mayor Pro-Tem Present Perry Schrag Councilmember Present (arrived 7:06) Joel Marks Councilmember Present (arrived 7:03) 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 Invocation - St. Peter's Episcopal Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation to the City of the Excellence in Engineering Award (Freese & Nichols)- Not presented Citizen Input- John Sanders presented council with his idea for a city mascot. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Mayor McCourry announced he was presented a plaque for the city from The Colony High School JROTC Booster Club at a recent awards banquet. This was for their appreciation to the city for the support in holding the first Drill Meet for the school. He added that this event brought recognition to the city and will be held here again in February 2010. Councilmember Marks asked if the city could be receiving periodic reports from the organizers of the Pirate Days event. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held June 1, 2009 (Wilson) 2.2 Consider approval of a resolution approving the Quarterly Investment Report for the quarter ending March 31, 2009 (Koo) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 June 15, 2009 Motion to approve above consent agenda items- Schrag; second by Mikulec; moion passed with all ayes. Councilmember Connelly asked that Item 2.3 be discussed separately. 2.3 Consider approval of an ordinance amending Ordinance 07-1727 relating to the Specific Use Permit for Hawaiian Falls Amusement Park, 4400 Paige Road, regarding the screening/landscaping material along Paige Road and Memorial Drive (SP09-0004, Morrison) Councilmember Connelly said the fact that until new landscaping is installed the current will remain in place is not included in the ordinance (reference sections 1 and 2). City Attorney David Dodd suggested the ordinance be tabled to bring back to council corrected. Motion to table to correct the wording- Connelly, second by Boyer, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approval of a resolution authorizing the city manager to execute an agreement for additional design services for the Shoreline Trail and the Austin Ranch Trail (Nelson/Helms) Parks manager Keith Helms reviewed the various issues that resulted in the need to fund additional design and engineering services for the Shoreline Trail and Austin Ranch Trail. He added that some of the items were previously budgeted. Mayor McCourry confirmed with Keith that a large portion of the expense is due to unforeseen subsurface conditions for the Austin Ranch Trail. The overall cost of the project does not exceed the projections presented to the council in 2008. Motion to approve- Harris; second by Schrag, motion passed with all ayes. 3.2 Discuss and consider approval of a resolution authorizing the city manager to execute Amendment No. 1 to the Sedalco Construction Services contract for site utilities and paving for the Police and Court building renovation project (Johnston/Clark) Assistant City Manager Tony Johnston advised the council that this contract is for site utilities and paving of the existing gravel parking lot used for little league play, which is adjacent to the police building. Also included are drainage, water and sewer lines. These projects are preliminary to the actual construction work of the police facility expansion. Tony added that due to the possible widening of North Colony in the future, construction of the sidewalk will be delayed. The Community Development Corporation will fund $202,000 of this project to cover the cost of paving the ball field parking lot. Tony stated the guaranteed maximum price is locked in. Present for the discussion was Bob Kriz, chief estimator for Seldalco Construction Services. Discussion followed among council members regarding whether the 2 June 15, 2009 project could be rebid to lower the cost. It was determined this was not in the best interest of the city due to time delay and costs for re-advertising. Motion to approve as staff recommends- Connelly, second by Mikulec; motion passed with all ayes. 3.3 Discuss and consider approval of a resolution awarding a bid and authorizing the city manager to execute a construction services contract for Phase 1B residential water main replacement (Scruggs) City Engineer Gordon Scruggs stated the contract will include replacement of 3,167 feet of water main, the service connections to the homes up to the water meter, and fire hydrants on Nash Drive from Main Street to John Yates. The low bidder is Procon Paving and Construction. He added that the city has not used this company before however their qualifications are good. The affected residents will be notified of any outages, and condition of the street lights will be monitored. It was noted that sections of the street will be removed as needed and repaired with temporary paving. This street was selected because of many repairs already having to be done. Motion to approve- Connelly, second by Harris; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the city manager to execute a Memorandum of Agreement with the Texas Department of Transportation to sell, in lieu of eminent domain, Parcel 76 at Office Creek Pump Station for the widening of F.M. 423 (Scruggs) Gordon stated this portion of the property needed for expansion of F.M. 423 is a corner of the Office Creek Pump station land. Motion to approve- Harris; second by Boyer, motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing the city manager to execute a Memorandum of Agreement with the Texas Department of Transportation to sell, in lieu of eminent domain, Parcel 35 at City Hall for the widening of F.M. 423 (Scruggs) Gordon explained that the new F.M. 423 will be shifted to the east at North Colony Boulevard. The result to the city hall property will be the loss of forty- three parking spaces. He added there is a plan to recover twenty-eight spaces at the rear of the property, however, utilities must be moved and the drainage has to be tied to TxDOT (Main Street project). Councilmember Schrag voiced his concern that the value of the property will be affected, and that this is not consistent with the overlay requirements. City Attorney Bob Hager advised the city could make a counter offer. At 8:10 p.m. Councilmember Mikulec requested an executive session. Regular session reconvened at 8:18 p.m. Motion to approve-Schrag; second by Harris; motion passed with all ayes. 3 June 15, 2009 3.6 Discuss and consider approval of a resolution authorizing the city manager to execute a Partial Release of Architectural Control Restrictions for acquisition of right-of-way for the widening of F.M. 423 (Scruggs) Gordon reviewed the locations of the small strips of land, adding these areas are needed for the new F.M. 423. Motion to approve- Harris; second by Connelly, motion passed with all ayes. Executive Session was convened at 8:25 .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 seek legal advice from 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 seek legal advice from the city attorney regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not addressed. C. 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 or special legal counsel regarding the appropriate procedures for employee disciplinary appeals under the Home Rule Charter, the Code of Ordinances, and the Personnel Policy. D. Council shall convene into closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Manager evaluation. E. City Council shall convene into closed executive session pursuant to § 551.071(1) of the Texas Government Code to consult with the City Attorney and to discuss and consider authorizing the City Attorney to file or consider litigation with the City of Frisco regarding the extraterritorial jurisdiction of the City of The Colony. Reconvene to Open Session at 11:05 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. Not addressed. B. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not addressed. 4 June 15, 2009 C. Any action as a result of executive session regarding the appropriate procedures for employee disciplinary appeals under the Home Rule Charter, the Code of Ordinances, and the Personnel Policy. No action. D. Any action as a result of executive session regarding City Manager evaluation. Motion to accept Amendment No. 2 of the City Manager's employment agreement- Mikulec; second by Schrag; motion passed with all ayes. E. Any action as a result of executive session regarding litigation with the City of Frisco regarding the extraterritorial jurisdiction of the City of The Colony. Motion to authorize the Mayor to send a letter of protest to the City of Frisco regarding attempts to annex property within the City of The Colony jurisdictional boundaries or the extra-territorial jurisdiction of the City of The Colony, as reflected in the City of Frisco Agenda Item 24 of its June 16, 2009 meeting, and, if the City of Frisco, Texas does not remove the land located as set forth herein, the city attorney is authorized to pursue appropriate legal remedies and action- Boyer, second by Connelly; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 11:10 p.m. APPROVED: G J e McCou , Mayor ity of The olony ATTEST: C Christie Wilson, TRMC, CMC , City Secretary 5