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HomeMy WebLinkAbout03/22/2010 City Council March 22, 20 10 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 22, 2010 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 22nd day of March 2010, 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 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 - First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognize 2009 City Employee of the Year- Mayor McCourry and City Manager Tony Johnston presented the award to Police Officer Jim Slack. Present the 2010 TRAPS Conservation Award to The Colony Trail Rangers- Parks Director Pam Nelson said that the volunteers for the shoreline trail have been recognized for their contributions to the success of the trail. The Mayor presented the award. Census Update- Ramon Padilla with the U.S. Census Bureau advised that The Colony has the highest return rate for the census questionnaires to date for Texas, and that Census jobs are still available. Citizen Input- none Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; David Swain with Parks & Rec announced the Spring Eggstravaganza and the Kid's Chase by The Lake. Mayor McCourry said that item 3.6 will be pulled from the agenda. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held March 1, 2010 [Harris absent] (Wilson) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 March 22, 20 10 2.2 Consider approving council expenditures for February 2010 (Council) 2.3 Consider approving a resolution endorsing certain legislative changes relating to the Sunset Review of the Texas Public Utility Commission and the special purpose review of the Electric Reliability Council of Texas (Sparkman) 2.4 Consider approving use of Community Development Corporation (Type B) funds to convert two baseball fields at Five Star to maximize usage for youth softball and baseball leagues (Nelson) Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Presentation and acceptance of Forensic Audit Report on the developer agreements with the Billingsley Company and Matthews Southwest (Koo) Shawn Parker with Weaver & Tidwell explained that his firm reviewed these developer agreements (Matthews Southwest agreement of March 17, 2008 and amendment of July 6, 2009; and, the Billingsley agreement of January 22, 2008 and amendment of March 2, 2009) to determine whether all parties had complied with the terms and in accordance with the Texas Local Government Code. They found that the city and developers had complied in all respects. 3.2 Presentation and acceptance of the Comprehensive Annual Financial Report for the year ending September 30, 2009 (Koo) Shawn Parker with Weaver & Tidwell presented the CAFR and management report. He reviewed the city's fund balances and added there were no weaknesses on internal control. The only finding to report was regarding some bank securities that were due on September 30th and paid on October 1St. City Manager Tony Johnston advised the council that procedures have been put in place to correct this. 3.3 Conduct a public hearing, discuss and consider approving an ordinance authorizing a zoning change from Neighborhood Services to General Retail of approximately .499 acres located approximately 615 feet east of the intersection of South Colony Boulevard and Paige Road (Joyce) Planning Director Mike Joyce reviewed this rezoning request, adding that this request does not include the site plan for the project. He also said that rezoning for the project is not required; however, the applicant requested rezoning rather than a specific use permit. The public hearing was opened and closed at 8:08 p.m. with no one wishing to speak. Motion to approve- Harris; second by Boyer, motion passed with all ayes except for Connelly who voted no. 3.4 Conduct a public hearing, discuss and consider approving an ordinance granting a Specific Use Permit for the Animal Health Center located at 4900 Main Street (Joyce) See 3.5. 2 March 22, 2010 3.5 Conduct a public hearing, discuss and consider approving a site plan for the Animal Health Center located at 4900 Main Street (Joyce) Mike Joyce advised he would present items 3.4 and 3.5 together since they are for the same project, which is a remodel of an existing building for a veterinary clinic. He reviewed the site plan, including parking and the proposed right-of- way for the future widening of F.M. 423. He stated that no outside runs will be on the property. The public hearing for 3.4 and 3.5 was opened at 8:15 p.m. The project engineer advised the council that the existing drive through will be removed. Two citizens spoke in favor. The public hearing was closed at 8:19 p.m. Motion to approve items 3.4 and 3.5- Schrag; second by Harris; motion passed with all ayes 3.6 Discuss and receive presentation from the Chamber of Commerce on the 2009 Pirate Days event (Chamber) Item not addressed. 3.7 Discuss and consider approving a resolution authorizing the city manager to execute Amendment No. 2 to the Sedalco, Inc. Construction Manager contract establishing a Guaranteed Maximum Price for the Police, Court, and Jail facility expansion (Gilman) Facility Manager Terry Gilman advised that this request is for approval of the guaranteed maximum price for Phases 1 and lA of the building expansion. The GMP is proposed at $5,525,716.00, which is less than the original estimate. In addition to approving the GMP, he requested council approve a five percent project contingency of $276,285.00 and $135,000.00 for other costs (furniture, HVAC testing, radio communications, IT Telecom and Data). Councilmember Marks inquired about a possible underground spring. Terry advised there is no evidence of a spring under the building. Tony Johnston said that drainage for the project is being coordinated with the North Colony Boulevard rebuild. It was noted that the expansion should take about sixteen months to complete. Motion to approve the GMP, the contingency, and the other costs as presented- Harris; second by Connelly; motion passed with all ayes. 3.8 Receive presentation on the conceptual streetscape design of Main Street (F.M. 423), discuss and provide direction to staff for the proposed enhancements (Nelson) Keith Helms introduced Project Manager Chad St. John with Jacobs Engineering, which is the firm working for Denton County on the Main Street widening project. Chad reviewed the sound wall design (wave pattern with brick on the back) and stone work. He presented possible gateway elements with a nautical theme, landscaping and lighting/signalization options. He and Keith then discussed the cost estimates of these conceptual representations. It was emphasized that whether or not the city chooses to move forward with all elements presented, the place holders in the right-of-way would be there to 3 March 22, 20 10 provide that option. Keith also told the council that TxDOT provides limited irrigation, and that all maintenance of these areas as discussed will be the city's responsibility in the future. Citizen Christi Martin expressed her concern with the city possibly spending a lot of money on an entry tower; she said the money could be used elsewhere, perhaps at the northern entry to the city. Laron Cheek agreed with Ms. Martin, and also said he's concerned over some sidewalks being right on the roadway. Casey Truskunas pointed out that it will take a pedestrian a long time to cross Main Street once it's widened, also that it would be pedestrian friendly to have some benches along the length of the road. The street lights were discussed as to style preferred (downward lighting), height, and locations. Keith pointed out that the maintenance and electrical costs will be the city's responsibility. There was general agreement to plan on having them along the length of the roadway for public safety purposes. Council was in general agreement to move forward with the design (conceptually) so that TxDOT can reserve the physical space in their plans. It was stressed that while the Main Street widening is an opportunity for the city to add some enhancements along this corridor, these plans are preliminary. Funding for the city's portion is in the planning stages. 3.9 Receive presentation, discuss and provide direction to staff regarding special event budgets, venues and other items related to upcoming special events (Nelson) David Swain reviewed twelve special events that the city sponsors. Two of these he specifically addressed, including the possibility of increasing those budgets. The July 4th Liberty by The Lake event (which is co-hosted by the Knights of Columbus) has had an entertainment budget is $13,400.00 and marketing budget of $5,500.00. David said the R5WaterXRacing group has asked for an additional $1,500.00 to expand their event. Council generally agreed with the request for additional Hotel Occupancy Tax (HOT) funds since more attendees would cause an increase in hotel usage. Next David discussed Salute to American Heroes, saying that it is co-hosted by the American Legion with an entertainment budget of $4,000.00 and a marketing budget of $2,500.00. He asked council whether they would consider changing the location of the event to Five Star, and outlined several pros and cons of doing so. He also asked council whether they should broaden this event to include fire and police personnel. An American Legion representative spoke in favor of the move to Five Star, but wanted to leave it a veteran's event. Council agreed. Another question David had for the council was how sponsorship money for events should be applied- toward expanding the events or off-setting existing costs. Different opinions were expressed; the Mayor then suggested this be discussed again at a later date. Diane Baxter and Christie Hartwell, CVB Coordinator, added to the discussion by indicating they could broaden the marketing opportunities for Liberty by The Lake and Salute to American Heroes with an additional funding. It was noted that advertising in some publications should be done well in advance of these regional 4 March 22, 20 10 events. Tony Johnston said that the first quarter tax revenues will be available in April. Council agreed to hold off on approving budget changes for the events if they are reliant on HOT funds. There was brief discussion of Pirate Days and other community events that the council specifically addresses the funding for on a case by case basis. Councilmember Marks expressed that perhaps the cost to attend the Daddy/Daughter Dance should be reduced since it is generating considerable revenue. 3.10 Discuss and consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for relocating the Archer-Freeman loop for the purpose of widening F.M. 423 (Scruggs) City Engineer Gordon Scruggs explained the purpose of the agreement with Denton County is for the county to provide funding (TRIP 08 funds) to relocate a street due to the widening of F.M. 423. He provided a location map indicating the existing street and the proposed relocation. He explained the budget, scope of the project and the anticipated schedule. Councilmember Schrag expressed his appreciation to County Commissioner Ron Marchant for his efforts on this project. Motion to approve- Schrag; second by Harris; motion passed with all ayes. 3.11 Discuss proposed changes to the Code of Ordinances Chapter 6 Buildings, Construction and Related Activities, and Chapter 10 Health and Sanitation, along with adding sections of the International Property Maintenance Code to Chapter 6, with focus of discussion on proposed changes to Article III, Minimum Housing and Building Standards Code (Joyce/Browder) Planning Director Mike Joyce opened the presentation by explaining that homes are city infrastructure and that this project is considered a neighborhood enhancement program. Iris Browder then went into detail about the proposed changes that will affect the interior and exterior of commercial, multi-family and single-family structures. An ordinance will be presented in the future for approval. Executive Session was convened at 11:40 .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 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 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 of the TEXAS GOVERNMENT CODE to seek legal advice from 5 March 22, 20 10 the city attorney regarding litigation between Donna Bateman and the City of The Colony. D. 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 contemplated litigation: (1) by a former city employee, and (2) regarding a potential construction bond claim. Reconvened to Open Session at 12:20 a.m. 4.2 A. Any action as a result of executive session regarding 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 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 litigation between Donna Bateman and the City of The Colony. No action. D. Any action as a result of executive session regarding contemplated litigation: (1) by a former city employee, and (2) regarding a potential construction bond claim. No action. And with no further business to discuss the meeting was adjourned at 12:20 a.m. on March 23, 2010. APPROVED: ~z z G J e McCou , Mayor City of The olony ATTEST: ` n 9a -C tog.. )A I Vhristie Wilson, TRMC, CMC City Secretary T~ X P 6