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HomeMy WebLinkAbout09/08/2009 City Council September 8, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 8, 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 8th day of September 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Mayor Pro-Tem Absent Perry Schrag Councilmember Absent 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 - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation for National Payroll Week- presented to Gwen Mansfield Pirate Days Report - Alison Mahavics provided council an update on the festival and passed out a financial report. Citizen Input- none Announcement of upcoming civic events and activities t- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Parks & Recreation announced upcoming special events; Mayor McCourry announced that Kroger will soon be offering a State Fair and Dart Rail ticket package. 25CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held August 17, 2009 [Schrag absent] (Kelly) 2.4 Second reading and consider approval of an ordinance amending the Code of Ordinances, Chapter 2, Division 2, Cultural Arts Board, to include authorizing the board to grant awards on behalf of the city as authorized by the city council (Council) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 t)U3:3-Z V September 8, 2009 2.5 Consider accepting Claudia Stooksberry's resignation from the Cultural Arts Board (Council) 2.6 Consider accepting Robert Taylor's resignation from Code Enforcement Advisory Board (Council) 2.7 Consider accepting Wanda Spears' resignation from the Library Board (Council) 2.8 Consider approval of a resolution accepting the Quarterly Investment Report for the quarter ending June 30, 2009 (Mansfield) 2.9 Consider approval of a resolution authorizing the mayor to execute a participating member interlocal agreement with the Texas Municipal League Intergovernmental Employee Benefits Pool as amended (Burkett) 2.10 Consider approval of an ordinance approving the CoServ Gas revised rates and uncontested tariffs with an October 1, 2009 effective date (Sparkman) Motion to approve above consent agenda items-Connelly; second by Marks, motion passed with all ayes. Councilmember Harris requested separate discussion of item 2.2. 2.2 Consider approval of a resolution of recognition and support for an Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals between the Texas Department of Transportation and the City of Lewisville (Eubanks) Councilmember Harris asked Steve Eubanks when the city will be able to take over operation of the traffic lights. Steve said that it should happen after the city reaches a population of fifty-thousand according to the U.S. Census. He added there will be a financial responsibility for the city when that time comes. Councilmember Harris expressed that he would prefer it happen before then if possible. The Mayor asked Steve to put together costs comparisons for future reference. Motion to approve- Harris; second by Marks; motion passed with all ayes. Councilmember Marks requested separate discussion of item 2.3. 2.3 Consider approval of an ordinance amending the Code of Ordinances, Section 19-10, to remove conflicting language for Memorial Drive speed limits and recognizing 15 MPH for alleys in accordance with the Texas Transportation Code (Eubanks) Councilmember Marks asked whether there had been any court issues due to having a 10 mph speed limit in the alleys. City Attorney Bob Hager said he was not aware of any. Steve Eubanks said this change will get the city's ordinance into compliance with state law. He also said that in order to establish speeds differently than state law, a speed study would have to be performed. Councilmember Marks and Mayor McCourry both stated they feel 15 mph is too fast. A few alleys may warrant a speed study [and related signage if changed to 10 mph] and those will be identified. Motion to approve-Boyer; second by Connelly; motion passed with all ayes except for Marks who voted no. 2 oosf~ September 8, 2009 5 i 3.0 REGULAR AGENDA ITEMS 3.1 Receive Census 2010 presentation, discuss and consider a Complete Count Committee, and consider adopting a resolution in support (Johnston) Assistant City Manager Tony Johnston introduced Ramon Padilla of the U.S. Census Bureau who provided a slide presentation and facts about the census process. He said the form this year is only ten questions and that efforts are being made to improve the number of census forms returned through the cities forming Complete Count Committees. He also reviewed the federal funds that the city has received based on the last census. Grant funds are also available to the committees for promotional materials for another month. Motion to approve [the resolution]- Connelly, second by Marks, motion passed with all ayes. (Mayor McCourry moved item 3.7 up on the agenda.) 3.7 Discuss and provide direction to staff regarding an ordinance amendment relating to requirements for parking and storing automobiles, recreational vehicles, and watercraft (SI08-0006, Morrison) City Planner Wes Morrison reviewed the history of this item, and requested guidance on: 1) should boats be included in the current recreational vehicle ordinance; 2) should all vehicles be parked on hard surfaces; 3) should boats and recreational vehicles be allowed to park on the street for a certain period of time; 4) should an appeals process be created for those who cannot comply with the ordinance. He added that the ordinance is silent on boats, and that RV overnight parking [on the street] is allowed in 24-hour increments, seven times per year. Citizen Kathy Dickson stated that her RV will not fit in the alley in order to park in the rear of her home. She asked council to consider removing the front drive restriction from the ordinance. Council discussed the issues and generally agreed that recreational vehicles should be allowed to park in a front drive, and that a 72-hour limit be considered for street parking. Parking should also be allowed on a hard surface in the rear or side yard; if not on hard surface should be screened from public view. 3.2 Discuss and consider approving additional contingency funds for the construction services contract with RKM Utility Services, Inc. for the Phase IHC Residential Street Reconstruction (Scruggs) City Engineer Gordon Scruggs explained that the contingency funds for the Phase IIIC reconstruction of Branch Hollow Dr. and Aztec Dr. have been almost entirely used due to unsuitable soil conditions located in the sewer line replacement area on Branch Hollow. Geotechnical Engineer Charles Jackson explained to the council that the soil was too soft and too wet to properly backfill along the entire length of the street. The soil was removed and replaced. Staff is recommending an additional $60,000 in contingency funds be authorized to prevent future delays in the event other unforeseen change orders are needed. City Manager Dale 3 00550 September 8, 2009 Cheatham said the funds will come from street funds being held for other projects. During the discussion it was stated that if there are no contingency funds in place and a situation does come up, then the project would be delayed pending council approval. Motion to approve- Harris; second by Marks, motion passed with all ayes. 3.3 Discuss and consider approval of a resolution authorizing the city manager to execute an Advanced Funding Agreement with the Texas Department of Transportation for city street development under the Memorandum of Understanding for State Highway 121 (Scruggs) Gordon explained that this agreement for advanced funding will provide eighty- percent of the costs for three projects: widening North Colony to six lanes between Paige Rd. and Curry Dr.; widening Plano Parkway to six lanes from S.H. 121 to the south city limits; and, the installation of three traffic signals on Memorial Dr. between Morning Star and Standridge. The remaining twenty- percent of the cost will come from the Denton County Trip 08 bonds. The projects have been approved by the Regional Transportation Council at the North Central Texas Council of Governments under the Memorandum of Understanding entered into for the S.H. 121 toll project. Dale added that no city money will be required for these projects. Motion to approve- Harris, second by Connelly; motion passed with all ayes. 3.4 Conduct the second public hearing and discuss the annexation of 4.87 acres located north of Lebanon Road and west of F.M. 423 (A09-0003, Morrison) Wes Morrison reviewed the annexation area, which is located in The Colony's ETJ. He said that on July 6, 2009 the city council adopted an ordinance annexing the property since the property owner waived the right to the public hearings as allowed under the Local Government Code. Following that the city did proceed with public hearing notice and conducted the first one on August 17, 2009. At 9:12 p.m. Mayor McCourry opened and closed the public hearing with no one wishing to speak. 3.5 Conduct the second public hearing and discuss the annexation of 40.29 acres located north of Lebanon Road and west of F.M. 423 (A09-0002, Morrison) Wes Morrison reviewed the annexation area, which is located in The Colony's ETJ. He said that on July 6, 2009 the city council adopted an ordinance annexing the property since the property owner waived the right to the public hearings as allowed under the Local Government Code. Following that the city did proceed with public hearing notice and conducted the first one on August 17, 2009. At 9:14 p.m. Mayor McCourry opened and closed the public hearing with no one wishing to speak. 3.6 Discuss and consider approval of a resolution awarding a bid and authorizing the city manager to execute a construction services contract for replacing the City Hall/Library building roof (Gilman) 4 00 September 8, 2009 To start, Facilities Manager Terry Gilman advised the council that he is awaiting notification whether $156,200 of the cost of the roof will be approved for a federal grant. He then introduced Michael Christopher with Roof Tech. Mr. Christopher reviewed the bid process. The low bidder (of 15 bids received) is Beldon Roofing Company. References were checked and a recommendation is being made to award the bid to Beldon Roofing. While the bids came in lower than expected, there was some concern expressed about a $20,000 miscellaneous amount that was included as part of the base bid. Terry advised that will cover the cost of insulation or decking that may need to be replaced once the old roof comes off. Councilmember Connelly asked the city attorney whether the low bidder had to be accepted. Mr. Hager advised yes, if they are the lowest responsible bidder and references check out, unless there is some other reason not to award. Motion to reject Beldon and award the bid to Texas Roof Management- Marks Motion failed for lack of a second. Motion to award the bid and alternate no. I [replace the external roof access ladder], and authorize the city manager to sign the contract as presented [with Beldon Roofing/- Boyer, second by Harris; motion passed with all ayes. 3.8 Conduct a public hearing and discuss the proposed 2009-2010 tax rate not to exceed the effective tax rate for the taxable value of all property real and personal, located within the City of The Colony (Mansfield) Gwen Mansfield advised that even though the city is not required to hold a public hearing this year on the tax rate the city has chosen to do so. Gwen provided tax rate information as follows: At the current tax rate of 69 cents, the tax revenue raised would be $14,809,308. At the proposed tax rate of 68.8 cents, tax revenue would be $14,766,382. The tax savings on an average home value of $153,371 annually is $3.07; total tax relief is $42,926. The effective tax rate is 70.7270 cents and the rollback rate is 73.8063 cents. Mayor McCourry opened and closed the public hearing at 9:45 p.m. with no one wishing to speak. 3.9 Discuss and consider approving a resolution authorizing the city manager to execute an agreement for a forensic audit of agreements between developers and the city (Mansfield) Gwen Mansfield stated that seven proposals were received to conduct an audit of the developer agreements the city has with the Billingsley Corporation and Mathews Southwest. A committee evaluated the submittals and decided to recommend Weaver & Tidwell for $18,250. Shawn Parker with Weaver & Tidwell was present for questions. The city manager stated since this is not a budgeted item the cost will come from the fund balance. 5 00SPS 04 September 8, 2009 Motion to approve Weaver & Tidwell for $18,250- Marks; second by Connelly; motion passed with all ayes except for Harris who voted no. 3.10 Discuss and consider approval of a resolution regarding city council meeting agenda preparation and conduct of meetings, and changing the regular council meeting days each month to the first and third Tuesdays (Council) Mayor McCourry stated approval of this document will change the city council meeting days to Tuesdays, rather than Mondays. Other minor changes were incorporated as well. Councilmember Harris pointed out that since our local newspaper prints on Wednesdays, the city council news won't come out until the next week after the meetings. Citizen Richard Kuether submitted a public input form indicating he is in favor of this change. Motion to approve- Connelly; second by Boyer, motion passed with all ayes. Motion to make this effective beginning the first meeting in October [20091- Connelly; second by Boyer, motion passed with all ayes. 3.11 Consider appointing a committee to review and make a recommendation on the city attorney proposals (McCourry) Mayor McCourry stated he will appoint council members Connelly and Schrag, City Planner Wes Morrison and City Secretary Christie Wilson to evaluate the proposals. He would like a recommendation for council to evaluate in October. 3.12 Consider appointing a committee to review and make a recommendation on the executive search firm proposals (McCourry) Mayor McCourry stated he will appoint council members Boyer and Marks, Assistant City Manager Tony Johnston and Economic Development Corporation President Tom Tvardzik to evaluate the proposals in regard to the City Manager search and possibly the EDC Director search. Executive Session was convened at 10:05 .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. 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. C. City Council shall convene into closed executive session pursuant to Section 551.071(1) of the Texas Government Code to seek legal advice from the city attorney regarding pending litigation between Wynnwood Peninsula Partners LLP, the City of The Colony and the City of Frisco. 6 September 8, 2009] D. City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code regarding personnel to wit: deliberate the terms and conditions of the appointment, employment, and reassignment of duties of the Assistant City Manager to serve as City Manager. Reconvened to Oven Session at 11:30 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 litigation with the City of Frisco regarding pending litigation between Wynnwood Peninsula Partners LLP, the City of The Colony and the City of Frisco. No action. D. Any action as a result of executive session regarding the terms and conditions of the appointment, employment, and reassignment of duties of the Assistant City Manager to serve as City Manager. No action. And with no further business to discuss the meeting was adjourned at 11:30 p.m. APPROVED: & G J e McCo , Mayor City of Th Colony ATTEST: V ~ rt - Christie Wilson, TRMC, CM 4 City Secretary 7