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Home My WebLink About04/20/2009 City Council April 20, 2009 0 0 SS / 7 5 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 20, 2009 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 20th day of April 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Mayor Pro-Tem Present John Marshall Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present (arrived 7:03) 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 - Lakeway Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation - Mayor Dillard read the Arbor Day proclamation; Courtney Blevins of the Texas Forest Service presented the Mayor with a plaque and flag denoting The Colony as a recipient of the Tree City USA designation. Citizen Input- Scott Von Strohe announced his candidacy for city council Place 2 and David Terre announced his candidacy for Mayor. Steve Parson said he is opposed the use of "pirates" (criminals) in a city sponsored event. Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Early Voting begins Monday, April 27th. Parks Manager Keith Helms announced the Arbor Day Ceremony to be held at 11:00 a.m. this Saturday near Kid's Colony, and the Kids' Chase by The Lake event this Saturday, April 25th 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held April 6, 2009 (Wilson) 2.2 Consider approval of council expenditures for the month of March, 2009 (Council) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 0 0 S r e6 April 20, 2009 2.3 Consider approval of a resolution authorizing the city manager to execute a professional services contract with Roof ech for the City Hall/Library roof project (Gilman) 2.6 Consider approval of an amendment to Attachment A of the Tribute West Zoning Ordinance Number 09-1802 to correct a scrivener's error in the property description (Morrison) Motion to approve above consent agenda items- Connelly, second by Marks; motion passed with all ayes. Councilmember Harris requested Item 2.4 be discussed separately. 2.4 Consider approval of a resolution authorizing the city manager to execute an Economic Development Agreement with The Colony Economic Development Corporation for incentive and infrastructure reimbursements to the City (Terrall) Councilmember Harris expressed his appreciation to Tom Terrall and the 4A board for approval of this agreement. Motion to approve- Harris; second by Marks; motion passed with all ayes. Councilmember Connelly requested Item 2.5 be discussed separately. 2.5 Consider approval of an ordinance amending the 2008-2009 The Colony Community Development Corporation (4B) Fund budget to provide for funding to expand the disc golf course at Bill Allen Park (Nelson/Koo) Councilmember Connelly expressed his appreciation to the 4B board for reinvesting funds into this amenity, and suggested other projects, such as Stewart Creek Park, be considered for improvements as well. Motion to approve- Connelly, second by Harris; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Receive presentation from The Colony Chamber of Commerce for use of Hotel Occupancy Tax funds to create a Convention and Visitor's Bureau, discuss and provide direction (Council) CVB Steering Committee member Don Beckel requested the council approve funding for the Convention and Visitor's Bureau. He introduced some members of the Chamber Board who were present and members of the CVB Steering Committee. The Steering Committee members as follows have also agreed to serve as the first CVB Board. They are: Don Beckel - The Colony History Committee; Emily Fox - The Colony PARD; Jennifer Gustafson - Marriott Fairfield Inn & Suites; Lisa Leary - The Colony 4B Board; Femi Omonije - The Colony 4A Board; Darron Williams - Marine Quest at Hidden Cove; and, Craig Worrell- Texas Roadhouse. Citizens speaking in favor of the city having a Convention and Visitors Bureau were Penny Riggs, General Manager of two new Marriott hotels in the city; and, Craig Worrall of the Texas Roadhouse Restaurant. Christi Martin also spoke in 2 00877` April 20, 2009 favor. Steve Parsons stated he is not opposed but asked the council to look closely at how the HOT funds are used. Discussion followed regarding the projected amount of Hotel Occupancy Taxes that may be paid to the city for both hotels annually. Don Beckel proceeded with his presentation and advised that they are asking for $42,542 at this time, and requests would be forthcoming for future budget years. The By-laws, a five year budget and oversight of the operations were discussed. Lastly, Don stated that the committee/board welcomes the council to have a non-voting representative if it chooses and input from the council. The Chamber of Commerce will provide office space for the CVB. Mayor Dillard asked for council members to express whether they want a CVB, and if so, how to do it. Responses are as follows: Marshall- in favor. Connelly- in favor but questioned whether there are advantages or disadvantages of the city running it. Don Beckel stated either will work but would be best through the Chamber because it would be less expensive and they would be more passionate about the project. Councilmember Connelly then asked if there's another option than using the Chamber building. Don said eventually they would like that but initially using the Chamber office would allow for a lot of organization that will be required to get it started. Being away from the 121 area should not be an issue. Lorraine Fulwieler will be named the Executive Director. Harris- in favor but has some questions. Discussion of the performance indicators followed with Lorraine offering some examples. Councilmember Harris stated this is a long term obligation and suggested the parties involved meet with the city manager and staff. Lorraine said she and Allison Mahavics met with city staff. He stated he's concerned about the city being the sole source of funding. Lorraine said that if they break away from the Chamber in the future they can then charge a membership fee to reduce the city's funding commitment. Councilmember Harris then stated the CVB needs to include weekend hours. Mikulec- in favor. He asked Lorraine what city staff she met with. Lorraine said she spoke to Emily Fox and Pam Nelson. He also is in favor of weekend hours. He asked about incorporation. Lorraine said they will operate under the Chamber's tax ID number. He is in favor of council or staff being associated with the board. Marks- questioned the January 1St committee date stated in the By-laws. Lorraine explained they will operate following the Chamber's fiscal year. Don followed by saying the committee will become the board immediately upon funding. Councilmember Connelly asked if a funding agreement will be created if council agrees conceptually to the plan. City Attorney Bob Hager said he needs the details the council desires to be included and it could be ready for council consideration at the next council meeting. Councilmember Harris again suggested the Chamber/CVB meet with city staff and have a staff recommendation to present to the council. Councilmember Schrag stated some other options- possibly to have the Public Information Officer be the liaison to the CVB board, and to consider using the city hall lobby. Councilmember Mikulec is also in favor of another location, 3 April 20, 2009 possibly near the new hotels. Discussion followed about whether the board meetings will be posted and open to the public. Bob Hager advised no unless the agreement requires it. A transition plan (steering committee to board) should also _ be included in the agreement. Bob Hager will work on the agreement to present when ready. 3.2 Receive presentation from the Cultural Arts Board, discuss and consider granting the use of Hotel Occupancy Tax funds for the promotion and production of an Amateur Media Event at Pirate Days (Margolis/CAB) Joan Lux reviewed this request for funding for a Cultural Arts Board project to be conducted during Pirate Days. They are planning a photo contest, computer art contest, original music exposition, and film festival. Bob Hager confirmed this use of HOT funds is allowable. City Manager Dale Cheatham advised that contingency funds are available. Motion to approve- Harris; second by Connelly, motion passed with all ayes except for Schrag who voted no. 3.3 Discuss and consider approval for the purchase of used TV/Video equipment and provide funding for the purchase (Koo/Maker) IT Manager Bruce Maker advised the council that he is here to provide answers to questions presented at a prior council meeting. He advised there is no warranty on the equipment, the cost is $11,000, and the name of the company is Cradle to - Grave Videos, LLC. Replacement of the batteries will be additional. Dale Cheatham advised there are capital funds available for this unbudgeted item. Councilmember Schrag stated he is not comfortable purchasing used equipment. Motion to deny- Schrag; second by Mikulec; motion passed with all ayes except for Harris who voted no. [Councilmember Mikulec left the meeting at 8:35 p.m.] Executive Session was convened at 8:35 .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 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 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. C. City Council shall convene into closed executive session pursuant to _ Section 551.071(2) of the TEXAS GOVERNMENT CODE to seek legal advice from the City Attorney on a matter which the Code of Professional Responsibility requires concerning legal effects of unauthorized traffic control devices. 4 April 20, 2009 Reconvene to Oven Session at 8:55 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 legal effects of unauthorized traffic control devices. No action. And with no further business to discuss the meeting was adjourned at 8.55 p.m. APPROVED: tL - Jo Dillard, Mayor Ci of The Colony ATTEST: f- C ristie Wilson, TRMC, CMC City Secretary } 5