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HomeMy WebLinkAbout07/21/2008 City Council July 21, 2008 008665 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JULY 21, 2008 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 21st day of July 2008, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Jeff Connelly Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Councilmember Councilmember Mayor Pro-tern Councilmember Present Present Absent Present Present Present Present (arrived 7:35) And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Jeff Connelly Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recycling Update- Municipal Marketing Manager with Allied Waste provided an update on recycling activity in the city. She said that 61 % of households in The Colony recycle and that to date $125,317.26 in rebates have been given back to the residents. Also, during the July 4th activities at Stewart Creek Park, recycling containers were provided beside the waste containers and as a result, eight yards of recycling was collected. Update on Cell Tower at City Hall- Donna Bateman advised the council that the cell tower has damage at the base and that repairs are scheduled for August 6-18. A portion of the parking lot area will be used to lay the tower on the ground during this time. Citizen Input- none Announcement of upcoming CIVIC events and activities Joan Sveinsson provided information on current Library activities. 12.0 1 CONSENT AGENDA 1 Mayor Dillard said that item 2.7 will be moved to the regular agenda and addressed after the Executive Session. I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 008666 July 21, 2008 2.1 Consider approval of minutes of council meetings held July 7 and 14, 2008 (Wilson) 2.2 Consider approval of council expenditures for June (Council) 2.3 Consider approval of a resolution authorizing the city manager to sign an interlocal agreement for provision of Internet access and related services to the Public Library (Sveinsson) 2.4 Consider approval of a resolution authorizing the city manager to execute an amendment extending the consulting contract for auditing services (Koo) 2.6 Consider nominating Margaret Burkett to represent Region 8 on the Texas Municipal League Intergovernmental Employee Benefits Pool (Burkett) Motion to approve above consent agenda items- Harris; second by Schrag; motion passed with all ayes. Councilmember Connelly requested Item 2.5 be discussed separately. 2.5 Consider approval of an ordinance amending the 2007-2008 The Colony Community Development (4B) Fund budget to provide for funding a portion of engineering fees for the North Colony Municipal Complex project (Koo) Councilmember Connelly confirmed with City Engineer Gordon Scruggs that the planned parking lot will have shared use with the ball fields and is part of the overall site plan. He requested that in the future, the CDC budget be included with the agenda packet material. Motion to approve- Connelly; second by Harris; motion passed with all ayes. 1 3.0 1 REGULAR AGENDA ITEMS Mayor Dillard moved Item 3.2 up on the agenda. 3.2 Council to discuss and provide direction to staff regarding special events in general and consider authorizing a budget amendment ordinance to fund a Veteran's Day event (Nelson) David Swain with the Parks & Recreation Department told the council that last year the July 4th planned fireworks event was moved to Veteran's Day due to inclement weather. Input from the community was positive and staff is requesting a Veteran's Day event be held yearly. David then reviewed the proposed budget for the event, adding that at this time they do not anticipate charging visitors for parking. Citizen Joe McCourry with the American Legion spoke in favor of the event. He said this will likely be the largest Veteran's Day event in the area and the city could expect out of town visitors. City Manager Dale Cheatham advised the council that there is a fund balance remaining that can be used to fund the event, and it was noted that with the opening of two more hotels in the near future, the Hotel Occupancy Tax should increase. Councilmember Schrag suggested using local radio stations to announce the event. Mr. McCourry said the American Legion posts in the area will promote the event as well. Motion to approve $50,500.00 for this event- Harris; second by Connelly; motion passed with all ayes. 2 , 00866'1 July 21, 2008 3.1 Conduct a public hearing, discuss and consider approval of an ordinance amending Article II of the Code of Ordinances relating to Sign Regulations (SI08-0007, Bateman) Donna Bateman reviewed the recommended changes which include prohibiting changeable electronic variable message signs, allowing one free grand opening banner for new businesses, allowing temporary construction signs, and allowing banners over public right-of-way for city sponsored events. Mayor Dillard opened the public hearing at 7:38 p.m. Tim Martin and Christi Martin spoke in favor of the ordinance. Joyce Fulco questioned use of these type banners for churches. Council confirmed they would not be allowed for anything other than city functions. Public hearing closed at 7:41 p.m. Councilmember Mikulec asked whether things like streamers from poles are allowable. Donna replied that would be prohibited. Motion to approve- Harris; second by Marks; motion passed with all ayes. Executive Session was convened at 7:45 .m. EXECUTIVE SESSION A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with 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 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. D. 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 the Hidden Cove Park Concessionaire Agreement as it relates to Marine Quest's Ground Lease, Real Property and Personal Property Lease Agreement. After discussing Item 4.1D council recessed the Executive Session at 8:41 p.m. and reconvened Regular Session in order to address item 2.7. 2.7 Consider approval of a resolution authorizing the city manager to execute the First Amendment to the Development Agreement with MarineQuest for Hidden Cove Park (Nelson) 3 008668 July 21, 2008 Motion to approve the amendment with an effective date of August 10, 2008- Schrag; second by Marks; motion passed with all ayes except for Dillard and Harris who voted no. City Attorney Bob Hager advised the council that the agreement will be modified to include an effective date of August 10, 2008. Executive Session was reconvened at 8:43 p.m. to discuss Item 4.1A. Reconvened to Open Session at 9:00 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 an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. Not discussed. C. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not discussed D. Any action as a result of executive session regarding the Hidden Cove Park Concessionaire Agreement as it relates to Marine Quest's Ground Lease, Real Property and Personal Property Lease Agreement. No action. And with no further business to discuss the meeting was adjourned at 9:00 p.m. APPROVED: ATTEST: c'L~ W~" Christie Wilson, TRMC, CMC City Secretary 4