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HomeMy WebLinkAbout04/06/2010 City Council April 6, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 6, 2010 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 6th day of April 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. Present Perry Schrag Councilmember Present Joel Marks Councilmember Present (arrived 7:10) 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 - St. Peters Episcopal Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of Girls u/8 Basketball Team for TAAF Award- Jackie Kopsa with P&R read an overview of the season for this team, which includes winning the State Championship tournament. Recognition of TCHS Boys Basketball Team- Mayor McCourry read a Council proclamation recognizing the team's accomplishments this year and establishing April 4-10 as TCHS Boys Basketball Week. Proclamation- Motorcycle Safety Month- Mayor McCourry read a proclamation and provided originals to the American Legion Riders and Bikers for Christ. Citizen Input- Veronica Emmerson read a prepared letter concerning rebuilding Kids Colony playground. Veronica was invited to attend the upcoming CDC meeting on this same subject. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Tod Maurina announced Clean Up Day on April 17th; David Swain reviewed the April Parks and Recreation events; Mayor McCourry announced that the city is seeking an individual to serve on the city's Capital Improvements Advisory Committee. The person must reside in the city's t These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 April 6, 2010 extraterritorial jurisdiction; Councilmember Harris announced the TCHS Baseball Booster club City of The Colon night on Friday, April 16''. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held March 22, 2010 [Mikulec absent] (Wilson) Motion to approve; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider approving an ordinance authorizing a special exception to the Gateway Overlay District (SI10-0004) and Site Plan (SP10-0003) for the use of a temporary bank building to be located at the northeast parking lot of the Friendship Baptist Church located at 4396 Main Street (Joyce) Planning Director Mike Joyce clarified the location for this proposed temporary building as being in the "northwest" parking lot, not northeast. He stated the existing bank building will be removed to accommodate the F.M. 423 widening. The temporary building would be approved for a period not exceed twelve months while a new permanent structure is built. This request is required due to the Gateway Overlay District requirements. He reviewed the site plan, access, landscaping, and proposed drive-through. The public hearing was opened and closed at 7:46 p.m. with no one wishing to speak. Mike went on to say that the development review committee recommended approval. Motion to approve as recommended by DRC- Connelly; second by Marks; motion passed with all ayes. 3.2 Discuss and consider approving a resolution authorizing a variance to the Subdivision Ordinance concerning pavement for city fire lanes for the Old American Golf Club Clubhouse facility (Scruggs) 3.3 Discuss and consider approving a resolution authorizing a variance to the Subdivision Ordinance concerning right-of-way dedication for Lebanon Road (Scruggs) City Engineer Gordon Scruggs advised he would address 3.2 and 3.3 together. He went on to say that the developer for Wynnwood Peninsula has requested two variances to the subdivision ordinance. The first is to construct a six inch thick concrete fire lane (or equivalent pavement) in lieu of the required eight inch thick as required by the Thoroughfare Plan. The developer has stated that the traffic volumes will not warrant the extra thickness of concrete, and adding the extra thickness would cause an economic burden. Gordon added that if the street remains a driveway (six inches thick) then the developer will be responsible for maintenance under the current agreement with the city. The second request for variance is to not dedicate right-of-way for this same road as required by the subdivision ordinance, since the right-of-way area is owned by the U.S. Army Corp of Engineers. The developer believes acquiring the property would place a hardship on them. The Planning and Zoning Commission recommended approval of both variances. 2 April 6, 20 10 There was some discussion of possible alternative materials for the roadway, and it was explained the materials would have to meeting the requirements for fire lanes. Motion to approve 3.2 and 3.3- Harris; second by Marks; motion passed with all ayes except for Boyer and Connelly who voted no. (After the discussion of regular agenda items was concluded Councilmember Schrag asked that these two items be reconsidered. The motion passed to reopen them however after further discussion he did not make another motion and the original motion and vote to approve stands. See additional comments after 3. 10.) 3.4 Discuss and consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for the local match funding for three new traffic signals on Memorial Drive (Scruggs) Gordon reviewed this request for approval of an interlocal agreement with Denton County for them to fund the city's local match for three new traffic signals on Memorial at Morningstar, South Colony Boulevard, and Standridge. Funding for $400,000 of the cost is from the Regional Toll Revenue from the S.H. 121 Tollway (TxDOT), and the county is providing the city's twenty percent match of $100,000. Gordon added that the light at Standridge will involve a future secondary agreement with the city of Lewisville. It was pointed out that this project is to plan for the future and to take advantage of funding presently available at no cost to the city. Motion to approve- Connelly; second by Boyer; motion passed with all ayes. 3.5 Discuss and consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for local match funding for the widening of Plano Parkway from S.H. 121 to the south city limits (Scruggs) Gordon explained that this agreement will fund $260,000 of the city's local match for the widening and expansion of Plano Parkway to a six-lane divided road, as well as improvements to the major intersections. The Regional Toll Revenue will provide $5,804,298. There will be another agreement next year to fund the remaining portion of the local match. Motion to approve Boyer; second by Marks; motion passed with all ayes 3.6 Discuss and consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for local match funding for the widening of North Colony Boulevard from Curry Drive to Paige Road (Scruggs) This agreement request is for the county to fund the city's local match portion for the widening and expansion of North Colony Boulevard as a four-lane divided 3 April 6, 2010 roadway, and including auxiliary right and left turn lanes at major intersections from Curry Drive to Paige Road. The Regional Toll Revenue contribution is $5,920,869 and the city's local match portion for this year is $500,000. Another local match agreement for the remainder of the city's portion will be presented next year. Motion to approve- Harris; second by Connelly; motion passed with all ayes. Councilmember Harris commended staff, council, and Denton County for their efforts on these three projects with no city funding required. Gordon added that construction for North Colony is expected to be complete around March of 2012. 3.7 Receive report from the Chamber of Commerce and discuss the 2009 Pirate Days event (Council) Allison Mahavics of the Chamber reviewed the report from the 2009 Pirate Days to include attendance, sponsors, volunteers, vendors, and security. Lorraine Fullwiler explained that a correct balance sheet of expenditures should be forthcoming. Also, she stated they lost about $8,000 last year but about $6,200 was donated in non-cash items. Councilmember Connelly asked the city attorney whether the reports for HOT funds usage have to be specific. Jeff Moore responded they don't have to be overly specific but enough so that it can be determined that expenditures meet the criteria under the tax code. Citizen John Marshall spoke in favor of the event. There was further discussion about the methods used to determine whether hotel rooms were being used for attendees. 3.8 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a contract to replace the telephone systems in city facilities (Koo/Maker) IT Manager Bruce Maker reviewed the current status and condition of the telephone systems in city facilities. He also reviewed the current cost of maintenance and annual telephone bill for service. Staff is recommending C2M Technologies replace the telephone systems for a cost of $127,878. He reviewed the features of the proposed system, adding that it should pay for itself in thirty- six months. The new system has a five year warranty. Motion to approve- Connelly; second by Marks; motion passed with all ayes. 3.9 Discuss and consider authorizing funding for the city's portion of a FEMA grant to purchase three defibrillators (Thompson) Fire Chief Scott Thompson advised the council that a grant application for $97,128.45 was submitted for the purchase of three Life Pak Defibrillators. Council had previously agreed to share 10% of the cost. Of the grant amount $67,500 was awarded from FEMA for the purchase of a different type of defibrillators. Due to the lesser amount (due to different type equipment) awarded by the grant the city would be responsible for $29,628.45 in order to obtain the Life Pak type which is a better brand and the same as other models currently in use. 4 April 6, 20 10 Motion to approve- Schrag; second by Boyer, motion passed with all ayes. 3.10 Discuss proposed changes to the Code of Ordinances Chapter 6 (Buildings, Construction and Related Activities) and Chapter 10 (Health and Sanitation); adding sections of the International Property Maintenance Code, with focus of discussion on housing survey and proposed changes to Article VI (Food & Food Establishments) and Article VII (Public Swimming Pools) (Joyce/Browder, SI10-0002) Planning Director Mike Joyce provided the results of a recent housing survey done concerning the condition of homes in the city. There are a few homes that fall into the category of needing major repairs, and several others are in need of minor rehabilitation. He briefly discussed some avenues that may be available to residents who are unable physically or financially to make needed repairs, such as community block grants or non-profit organizations. Iris Browder then reviewed some proposed changes to Article VI (food/establishments) and Article VII (swimming pools). At this time Council Schrag made a motion to reconsider items. 3.2 and 3.3; Councilmember Mikulec seconded the motion; motion passed with all ayes except for McCourry and Harris who voted no. Councilmember Schrag stated he is okay with six inch concrete but is concerned about the possibility of it being asphalt (alternative material). Mayor McCourry said that staff will have to have proof the asphalt will support the traffic, and that it is not decided yet. After a brief discussion Councilmember Schrag decided he would not make a motion on the matter. The original motion and vote stands. Executive Session was convened at 9:40 .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 John McDonald and Cheryl McDonald and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding a possible annexation of property contiguous with the city's boundary. C. City 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 manager. Reconvened to Open Session at 10:20 p.m. 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and Cheryl McDonald and the City of The Colony. 5 April 6, 20 10 Not discussed. B. Any action as a result of executive session regarding possible annexation of property contiguous with the city's boundary. No action. C. Any action as a result of Executive Session regarding the appointment, employment, evaluation, reassignment, and duties of the city manager. Motion to authorize the Mayor to execute, on behalf of the City Council, an employment agreement with Troy C. Powell to serve as city manager of The Colony with the terms as discussed in executive session- Harris; second by Marks; motion passed with all ayes. Councilmember Connelly commended Tony Johnston for filling in as city manager after Dale Cheatham resigned. And with no further business to discuss the meeting was adjourned at 10:24 p.m. APPROVED: G X J e McCou Mayor City of The Colony ATTEST: Christie Wilson, TRMC, CMC City Secretary EA rfx-~ 6