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HomeMy WebLinkAbout02/07/2012 City Council February 7, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 7, 2012 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 7th day of February 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councihnember Present Richard Boyer Mayor Pro-Tem Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councihnember Absent 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 Center Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations- Library's 30t" Anniversary- Mayor McCourry read the proclamation and presented it to Friends of the Library President Wayne Bullard. Citizen Input- Christi Martin expressed her concern over the fees related to applying for a sign variance, adding that she wants to be able to put up signs for non-city special events. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. She also reported on planned activities for February IItl' to celebrate the Library's 30t" anniversary. Councihnember David Terre reported on the NTTA dedication ceremony for the Sam Rayburn Tollway he recently attended. The Mayor noted that Councilmember Schra is out on business. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held January 17, 2012 [Schrag and Marks (WS) absent] (City Secretary) 2.2 Consider approving council expenses for December 2012 (Council) 2.3 Consider approving a resolution ordering the May 12, 2012 city council election for the Mayor, Place I and Place 2 (City Secretary) These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 February 7, 2012 2.4 Consider approving a resolution authorizing the mayor to execute a Joint Election Agreement and Contract for Election Services with Denton County Elections for the city's May 12, 2012 election (City Secretary) 2.5 Consider approving a resolution authorizing the city manager to issue appropriate purchase orders to F&F Concrete for construction and to Roadmaster Striping for pavement markings and signage for the trail extension on North Colony Boulevard from Curry Drive to the slip road east of Ethridge Drive, including intersection modifications at Keys Drive and Newton Drive, with funding provided by the Community Development Corporation (Engineering) 2.7 Consider approving a resolution authorizing the mayor to execute the First Amendment to the Interlocal Cooperation Agreement with Denton County for widening South Colony Boulevard from Memorial to S.H. 121 redirecting unused funds to the Plano Parkway widening project (Engineering) 2.8 Consider approving a resolution authorizing the mayor to execute the First Amendment to the Interlocal Cooperation Agreement with Denton County for widening Paige Road from South Colony Boulevard to North Colony Boulevard redirecting unused funds to the Plano Parkway widening project) (Engineering) 2.9 Consider approving a resolution authorizing the city manager to execute an amendment to the Estoppel Certificate and Landlord's Consent and Certificate for the lenders providing refinancing for Blue Sky Sports Center (PARR) Motion to approve above consent agenda items- Marks; second by Connelly; motion passed with all ayes. Councilmember Marks asked for separate discussion on 2.6. 2.6 Consider approving an ordinance amending the municipal budget for fiscal year 2011-2012 (Finance) City Manager Troy Powell advised that the city has received a $20,000 check to help cover expenses incurred in last year's operating budget when our fire fighters went to aid other areas during large grass fires. He said they would like to use the money on some equipment replacement that was cut from the budget this year. [Amendment is for $23,000 increase to the Fire Department budget.] Councilmember Connelly disagreed with the process to accomplish this. He confirmed with the Finance Director that the money received should have been accrued, and stated the equipment should have been included in the budget. Mr. Powell stated that there was no guarantee when the money would have come in. Motion to approve- Marks; second by Harris; motion passed with all ayes except for Connelly who voted no. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider adopting an ordinance approving a site plan for The Colony Corners Shopping Center expansion located at the southeast corner of Main Street and South Colony Boulevard, addressed as 4750 South Colony Boulevard (Development Services, SP11- 0008) 2 February 7, 2012 Planning Director Mike Joyce summarized the request including parking (two spaces less than what is normally required), landscape, and location. The said the Planning and Zoning Commission recommended approval with ten parking spaces due to anticipated parking patterns for the entire site. Councilmember Harris expressed that he would like to see a rear exit from the new addition [existing suites do not have rear exits]. The public hearing was opened at 7:36 p.m. Christi Martin stated this would be a good location for a monument sign, and asked how it matches up with the existing building to the south. Mr. Joyce said that building has parking lot issues. The public hearing was closed at 7:40 p.m. Motion to approve- Connelly; second by Terre; motion passed with all ayes. 3.2 First reading, conduct a public hearing, and discuss an ordinance amending the Code of Ordinances, Appendix A, Sections 21-100 to 21-104, entitled "Board of Adjustment", establishing revised regulations for the Board of Adjustment, and establishing regulations for the amortization of nonconforming uses (Development Services, S11 1-0025) Mr. Joyce said that Section 21 of the Zoning Ordinance was first adopted in 1985 and was subsequently amended in 1988, 1990, 1993 and 1995. He explained they are proposing to replace the current five subsections with eight. Attorney Jeff Moore said that they are adding information on Special Exceptions vs. Variances and Amortization of Pre-existing Non-conforming Uses not currently in the code. The public hearing was opened and closed at 7:45 with no one wishing to speak. 3.3 Discuss and consider approving a resolution authorizing the city manager to execute an advance funding agreement with the Texas Department of Transportation for utility relocation for the widening of Main Street (Engineering) City Engineer Gordon Scruggs stated this agreement with TxDOT will authorize them to construct the utility relocations for the widening of F.M. 423. The design is complete and the easements are being acquired. The total cost of the project will be reimbursed by the North Central Texas Council of Governments and Denton County with fiends from the regional toll revenues for the S.H. 121 project (per the MOU). He reviewed the cost and funding for the widening project. Councilmember Connelly asked when the Ridgepointe fence would be replaced. Gordon stated that TxDOT will remove it when the road is constructed. He also reviewed the fence replacement plans for the intersection with Friendship Lane. Motion to approve- Connelly; second by Boyer; motion passed with all ayes. 3.4 Discuss and consider approving a resolution authorizing the city manager to execute an advance funding agreement with the Texas Department of Transportation for construction of miscellaneous enhancements for the widening of Main Street (Engineering) 3 February 7, 2012 Gordon Scruggs reviewed the items included with this funding agreement and broke the down costs, $443,761, for materials to be supplied by the city for installation by TxDOT. Funding is being provided by Denton County and the NCTCOG (per the Memorandum of Understanding for the S.H. 121 tolling (MOU). Motion to approve- Harris; second by Terre; motion passed with al ayes. 3.5 Discuss and consider approving a resolution authorizing the city manager to execute an advance funding agreement with the Texas Department of Transportation for city maintenance of the sound wall to be constructed for the widening of Main Street (Engineering) The sound wall is to be built and replaced when necessary by TxDOT. This agreement is for the city to be responsible for the maintenance, estimated at $7,000 per year. There was considerable discussion as to what the criteria will be for the replacement of the wall. Council asked staff to look at the life span of other similar walls. Gordon advised that TxDOT did not start installing sound walls until the 1970's and none have been replaced yet. Additional language defining "structural integrity" was requested though if not included should not hold up the project. Motion to approve and to direct staff to negotiate contract language as discussed- Connelly; second by Harris; motion passed with all ayes. 3.6 Discuss and consider approving a resolution authorizing the city manager to execute an agreement with Oncor Electric Delivery Company for the installation of concrete power poles at major intersections on Main Street (Engineering) This agreement is for the installation of 18 concrete power poles instead of wooden poles at the Main Street intersections with S.H. 121, Memorial Drive, South Colony Boulevard, and North Colony Boulevard. The funding for them will come from the MOU funding for improvements that was provided by Denton County and the NCTCOG. Oncor will install an additional 22 poles at their cost. Councilmember David Terre noted that underground utilities are desired but cost prohibitive for the city. Motion to approve- Harris; second by Connelly; motion passed with all ayes. 3.7 Discuss and consider approving a resolution authorizing the mayor to execute a First Amendment to the Interlocal Cooperation Agreement with Denton County to change the scope for Memorial Drive to be widened to six lanes from Main Street to Morning Star (Engineering) This item is to amend the Memorial Drive interlocal agreement with Denton County to change the scope of the agreement and widen Memorial to six lanes rather than four from Main to Morningside. This will be beneficial for the increased traffic expected to result due to the future railroad underpass that will connect Memorial to Spring Creek. There are funds remaining from the original 4 February 7, 2012 agreement (due to changes) that can be used to fund the design for this widening. Councilmember Harris suggested that the western section of Memorial from Main to Standridge be widened to six lanes also. Councilmember Boyer suggested that the six lanes be extended all the way to the east city limits. Gordon advised they will look at the design and see how far the money will stretch. Motion to approve- Terre; second by Boyer; motion passed with all ayes except for Harris ivbo voted no. 3.8 Discuss and consider approving a resolution authorizing the city manager to execute and send a letter to the North Texas Municipal Water District and the City of Frisco concerning the termination of the 1998 Stewart Creek West Regional Wastewater System Contract (City Attorney) See Exhibit A, the city attorney's Agenda Communication. Motion to approve- Connelly; second by Marks; motion passed with all ayes. Council adjourned to executive session at 8:50 .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 the City of The Colony. B. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property, and to receive legal advice concerning the acquisition of real property adjacent to State Highway 121. C. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. D. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS GOVERNMENT CODE to deliberate commercial or financial information the city has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect. E. 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 city personnel matters. F. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAs GOVERNMENT CODE regarding personnel matters to wit: City Secretary annual evaluation. G. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAs GOVERNMENT CODE to seek legal advice 5 February 7, 2012 from the city attorney regarding acquisition of utility easements for one property located on F.M. 423. H. 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 Marine Quest contract amendment. Reconvened Open Session at 11:55 p.m. 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. Not addressed. B. Any action as a result of executive session as a result of legal advice regarding the purchase, exchange, lease, or value of real property adjacent to State Highway 121. No action. C. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. D. Any action as a result of executive session regarding economic development negotiations. No action. E. Any action as a result of executive session regarding city personnel matters. No action. F. Any action as a result of executive session regarding City Secretary annual evaluation. No action. G. Any action as a result of executive session regarding acquisition of utility easement for one property location on F.M. 423. Motion to approve the acquisition of the water line easement on the terns as discussed in executive session-Boyer; second by Connelly; motion passed with all ayes [except for Marks who had not yet returned to the dais.] H. Any action as a result of executive session regarding Marine Quest contract amendment. No action. 6 February 7, 2012 And with no further business to discuss the meeting was adjourned at 11:56 p.m. APPROVED: G 2 6 6e McCour ",Mayor City of The colony i ATTES 1 ~ i Christie Wilson, TRMC z City Secretary i 7 Exhibit A to City Council Minutes for February 7, 2012 AGENDA COMMUNICATION On May 28, 1998, the City entered into the "Stewart Creek West Regional Wastewater System Contract" with the City of Frisco, and the North Texas Municipal Water District (hereinafter referred to as "NTMWD") concerning the North Texas Regional Wastewater System known as Stewart Creek West. Subsequently, the City sued NTMWD and Frisco for various causes of action arising out the Stewart Creek West Regional Wastewater System Contract. This lawsuit led to a Settlement Agreement settling the lawsuit. The Settlement Agreement was entered into on February 25, 2010. At the time, the City could not terminate the outstanding Stewart Creek West Regional Wastewater System Contract with Frisco and NTMWD, given bonds were outstanding. Instead, as part of the Settlement Agreement, the City entered into a Relinquishment Agreement with Frisco. This "Stewart Creek West Regional Wastewater System Relinquishment Agreement," attached as Exhibit 1 to the Settlement Agreement, provided that Frisco agreed to make certain payments to NTMWD on behalf of the City in return for the City's agreement to relinquish its right to wastewater service under the Stewart Creek West Regional Wastewater System Contract. Now, NTMWD and Frisco desire to improve and expand the wastewater system covered by the Stewart Creek West Regional Wastewater System Contract, whereby Frisco is willing to pay certain bond service component for bonds issued to provide funding for such improvements and expansion. On October 27, 2011, NTMWD and Frisco entered into the amendment of the Stewart Creek West Regional Wastewater System Contract with the execution of the "Stewart Creek West Regional Wastewater System Amendatory Contract." Leroy Grawunder with the law firm of McCall, Parkhurst & Horton, LLP, informed the City through its City Attorney that the City needs to send a letter to NTMWD terminating the Original Agreement. In order- for the City to have no liability for bonds issued to provide funds for such improvement and expansion to the wastewater system under the Amendatory Contract it was necessary for NTMWD and Frisco to enter into the Stewart Creek West Regional Wastewater System Amendatory Contract. Article 1.01(n) of the Amendatory Contract provides that the "Original Contract Termination Date" means the date of termination of the original Stewart Creek West Regional Wastewater System Contract as specified in writing to NTMWD by the City, at any time after the effective date of the Stewart Creek West Regional Wastewater System Amendatory Contract. Accordingly, for City Council's review is a resolution authorizing the City Manager- to send a letter to Frisco and NTMWD terminating the original Stewart Creek West Regional Wastewater System Contract, in accordance with the Stewart Creek West Regional Wastewater System Amendatory Contract executed by NTMWD and Frisco on October 27, 2011.