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HomeMy WebLinkAbout10/20/2009 City Council October 20, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON OCTOBER 20, 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 20th day of October 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Absent Richard Boyer Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Mayor Pro-Tern Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with six council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Calvary Christian Church Pledge of Allegiance to the United States Flag- Cub Scout Pack 281, Den 5 Salute to the Texas Flag Marine Quest Update on Hidden Cove Park- Ottis Lee told the council that work crews are back at the park following this summer's storm damage at another park. There have been some rain delays as well but they are still planning for a March 31St opening of the marina. Citizen Input- Lisa Leary thanked the council for their support of Pirate Days, adding that Mayor McCourry won the Mayor's Cup trophy back from Little Elm. David Terre stated the Pirate Days event was a family event and a great success. He asked for the city's continued support in 2010. Juana Makarenko presented Councilmember Mikulec with a birthday cake. Announcement of u comingcivic events and activities 1- There was a presentation from the Library Director regarding current and upcoming programs, events, and service improvements. In addition, she stated that on November 1St, 1-5 p.m. Sunday hours at the library will begin. Interim EDC Director Keri Samford reviewed a new marketing/citizen response card to help promote the city. They will be included in the January utility bills. Public Works Director Steve Eubanks announced the Fall Clean Up Day scheduled for October 24th. Mayor McCourry announced the Salute to American Heroes event scheduled in The These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 October 20, 2009 Colony on November 7th, and advised that Councilmember Harris is absent while attending the annual TML Conference. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held October 6, 2009 [Connelly absent] (Wilson) 2.2 Consider approval of Council expenditures for the month of September (Council) 2.3 Consider approval of a resolution designating The Colony Courier-Leader as the official newspaper of the city for legal publications for fiscal year 2009- 2010 (Wilson) 2.4 Consider approval of a resolution approving the October 2009 Investment Policy (Koo) 2.5 Second reading and consider approval of an ordinance annexing 4.87 acres located north of Lebanon Road and west of F.M. 423 (A09-0003, Morrison) 2.6 Second reading and consider approval of an ordinance annexing 40.29 acres located north of Lebanon Road and west of F.M. 423 (A09-0002, Morrison) 2.7 Consider approval of a resolution and authorizing a settlement agreement by and between Wynnwood Peninsula Partners LLP, City of Frisco, Texas and the City of The Colony, Texas, Cause Number 2009-50183-367, pending in the 367th, disposing and settling claims in said case, and authorize the city manager/mayor and/or the city attorney to execute appropriate documents (Hager) 2.8 Consider approval of a resolution appointing Dave Kovatch as the city's representative on the Denton County Transportation Authority Board (Council) Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approval of an installment payment plan request from Hawaiian Falls Water Park for their 2009 rent (Nelson) Community Development Director Pam Nelson told the council that Dave Bush with Hawaiian Falls Water Park is requesting to defer the 2009 rent into three payments, and that this is a one-time request. At 7:32 p.m. Councilmember Connelly requested an executive session to discuss this item with the city attorney. Open session reconvened at 8:06 p.m. Councilmember Boyer asked Mr. Bush whether the prior agreement for landscaping is affected by this financial situation. Mr. Bush advised that the Paige Road portion of the fence/landscape has been recently completed and the remainder will be done with the next expansion. Councilmember Schrag questioned whether the payment schedule as presented includes any finance charges. Pam replied that the proposed payment plan does not, and that while the contract requires a .75% finance charge for late payments the council has the option to waive that. Mr. Bush was then asked whether his other parks are requesting similar arrangements. He said yes for Garland and no for Mansfield. Motion to accept [payment arrangements] and waive the penalty- Marks; second by Mikulec; 2 October 20, 2009 City Attorney Bob Hager suggested the following as the appropriate motion: Motion to authorize the city attorney to draft an amendment to the lease agreement by and between the city and CNL/Ilawaiian Falls to accept three installments [without interest or penalty] for payment of the 2008-2009 operating budget year rent and authorize the city manager/mayor to execute- City Manager Tony Johnston said that the third payment amount would be adjusted according to actual revenues. Motion failed with the following tie vote: Ayes- Boyer, Mikulc, Marks Nos- McCourry, Connelly, Schrag Councilmember Connelly asked Mr. Bush whether he would be willing to pay the finance charges or provide a letter of credit. Mr. Bush stated he would not provide a letter of credit. Same motion with penalty and interest- Connelly; second by Boyer, motion passed with all ayes. 3.2 Discuss and consider approval of a resolution authorizing the city manager to execute a professional services contract for the Stewart Creek Master Plan and approve a budget amendment ordinance (Nelson) Pam Nelson introduced Mr. Dave Retch with Jacobs Engineering who provided a brief overview of the initial assessment and steps involved to complete a plan for the park. He said it should be completed by February. He added that he and some of his staff have attended several of the city's events held at the park, providing some additional insight as to how it is used. Mayor McCourry, who was present for the presentations from the vendors, said that all presenters were qualified but that Jacobs stood out because they identified different zones in the park, including the "point" and its potential. Pam then advised the council that the CDC has agreed to fund the master plan but must go through the public hearing process first. Motion to approve Jacobs Engineering- Marks; second by Boyer; motion passed with all ayes. Motion to approve a [$31,8601 budget amendment ordinance- Marks; second by Mikulec; motion passed with all ayes. 3.3 Discuss and consider approval of a resolution authorizing the city manager to execute a consulting agreement for city manager recruitment services (Johnston) Tony Johnston advised the council that the selection committee reviewed thirteen submittals for an executive search firm. The committee is recommending the Waters Consulting Group as the firm to conduct a search for a new city manager. Tony introduced Rollie Waters who presented an overview of the recruitment process. When nearing completion, four to six candidates will be presented for 3 October 20, 2009 the city to select from. In addition, Mr. Waters stated that if the city desires they will conduct a one-year performance appraisal on the person selected at no cost. There is a target of ninety days to complete the recruitment process. Councilmember Mikulec asked whether a recommendation for a particular individual could be included in the search. Mr. Waters indicated yes, if it is not too far into the process. Discussion followed regarding the cost [$26,650 total], and it was noted that their fee is in line with the others submitted. Motion to approve Waters Consulting Group- Connelly; second by Boyer; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering services contract for design of North Colony Boulevard from Curry Drive to Paige Road (Scruggs) City Engineer Gordon Scruggs said staff is recommending a contract with Halff Associates for design of North Colony Boulevard from Curry Drive to Paige Road as a divided roadway with four lanes and auxiliary turn lanes. The contract includes design of drainage, water, wastewater, streetscapes, and traffic signals; surveying, construction plans, geotechnical investigation, bidding services, and limited construction management. The sources of funding are Texas Department of Transportation Regional Toll Revenue as a result of the S.H. 121 toll way initiative and Denton County TRIP 08 funds. The total cost of this contract is $570,000 including a $50,100 contingency. Approximately $130,000 of the cost will be reimbursed by TRIP 08 funds. Gordon said construction should begin by October 2010 and be completed approximately March 2012. He added however that it is not known how much right-of-way will be needed which could affect the timeframe or how long it will take for the private utilities to be moved. Mayor McCourry voiced his concern over the timeline possibly overlapping with the F.M. 423 construction. Tony Johnston advised the council that the city has been working on this with the county for about one year and the county has just now agreed to fund it. Motion to approve contract with Halff Associates- Connelly; second by Schrag; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering services contract for preparation of an updated Water Master Plan (Scruggs) Gordon Scruggs said the current Water Master Plan was prepared in June 2004. Since that time significant development has occurred in Austin Ranch, the S.H. 121 corridor, and at Wynnwood Peninsula. The plan needs to be updated to better represent current and future demands for the city. Staff is recommending approval of an engineering services contract with Alan Plummer Associates to prepare an updated Water Master Plan. The total cost is not to exceed $92,000, which includes a contingency of $4,200, and will be funded through water impact fees. Mayor McCourry expressed his concern that additional groundwater wells 4 October 20, 2009 be considered in the event that Dallas water becomes unavailable for the city to purchase in the future. Motion to approve contract with Alan Plummer Associates as presented-Marks; second by Mikulec; motion passed with all ayes except for Boyer who voted no. 3.6 Receive presentation, discuss and consider approval of a budget amendment ordinance authorizing funds from the Hotel Occupancy Tax Fund to expand The Colony Christmas Spectacular Light Show for 2009 and 2010 (Nelson) Volunteers Jim Slack and Kevin Braby reviewed the request for funding for the holiday light show. They requested $4,500 for 2009, and also requested funds in the amount of $11,800 to purchase upgrades for the 2010 show to be spent after the holidays to take advantage of lower pricing. The plan is to begin replacing the bulbs with LED bulbs that use significantly less electricity to operate, and are more durable. Next year the annual operating and maintenance budget will also need to be increased from $3,000 to $5,000 (includes storage). Motion to approve for 2009 and 2010 and authorize a budget amendment ordinance- Boyer; second by Connelly; motion passed with all ayes. 3.7 Conduct the first reading, conduct a public hearing, and discuss an ordinance amending the Code of Ordinances by adding Section 20-200 to Appendix A to provide for establishment of nonconforming structures and improvements on property acquired as a result or threat of eminent domain (SI09-0016, Morrison) Planner Wes Morrison stated that the city has been working with TxDOT and property owners regarding the right-of-way acquisition for the widening of F.M. 423. A concern of the property owners is that properties may become nonconforming with the zoning ordinance as a result of the taking of their land, and may be required to comply with existing development regulations, such as parking, landscaping and setback requirements. Staff has researched how other cities have addressed the issue and are proposing an ordinance that would exempt property owners from having to comply if they are affected by right-of-way acquisition. Wes added that should the use change or the property is rendered unusable, the exemption would not apply. For example, if a business is operating now as an office and later changes to a restaurant, then the number of parking spaces would not comply. Mayor McCourry opened and closed the public hearing at 9:55 p.m. with no one wishing to speak. City Attorney Bob Hager stated the purpose is to protect the current property owners. He then read the caption of the ordinance. Council adjourned into Executive Session at 10:03 .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. 5 October 20, 2009 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. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, employment, evaluation, reassignment, and duties of the city attorney. Reconvene to Open Session at 11:10 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. C. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, and duties of the city attorney. No action. And with no further business to discuss the meeting was adjourned at 11:13 p.m. APPROVED: e McCo , Mayor City of Th Colony ATTEST: stie Wilson, TRMC, CMC City Secretary 6