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HomeMy WebLinkAbout04/20/2010 City Council April 20, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 20, 2010 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 20th 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 And with seven 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 United Methodist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Life Saving Awards- Asst. Fire Chief Van Weese and Mayor McCourry presented Johnny Hopkins and Nathan Hopkins awards for rescuing a plane crash victim from Lewisville Lake near Stewart Peninsula. Recognition of the city's audio/visual volunteers- Mayor McCourry recognized several A/V volunteers who donate their time to record and broadcast city events. Recognition of the Griffin Middle School Winter Guard State Competition- Griffin school teacher Leigh Ann McClain announced that this group of students won silver medals for the second year in a row. Presentation of Tree Ci , Award- The Texas Forrest Service presented the city with its second annual Tree City award along with a commemorative flag. Proclamation- Mayor McCourry read a proclamation proclaiming April 30, 2010 as Arbor Day. Citizen Input- Kathy Braby made a suggestion that the city inspectors be made aware when elections are occurring so residents can have signs in their yards. Christi Martin stated that the city has enough trails and that other needs are being ignored, such as having ample meeting space. Announcement of upcoming civic events and activities EDC Director Keri Samford provided a marketing update and information on a website update. These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 April 20, 20 10 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held April 2, 3, and 6, 2010 (Wilson) 2.2 Consider approving council expenditures for March 2010 (Council) 2.4 Consider approval of a resolution adopting an amended Volunteer Policy for Telecommunications (McCourry) Motion to approve above consent agenda items- Connelly; second by Harris; motion passed with all ayes. Councilmember Mikulec requested 2.3 be discussed separately. 2.3 Consider approving June 1, 2010 as the date for a public hearing regarding land use assumptions and capital improvements plan relating to roadway impact fees (Scruggs) Councilmember Mikulec asked city engineer Gordon Scruggs what types of notifications will be provided to the residents for this public hearing. Gordon advised it will be in the newspaper and on the website. Specific residences that might be affected will also be notified. He added however that this does not affect platted properties since they are not subject to the fees. Motion to approve- Schrag; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS Mayor McCourry announced that 3.1 will be addressed at the end of the regular agenda. 3.2 Receive presentation of the revised conceptual gateway features for Main Street (F.M. 423), discuss and provide direction to staff for the proposed enhancements (Nelson) Parks Manager Keith Helms told the council this is a follow up from the previous presentation and the council feedback received at that time regarding entry monuments. He introduced Chad St. John of Jacobs Engineering. Chad reviewed some new, less expensive options for a scaled-down version of the entry tower (40' height rather than 60'). A smaller version would be recommended for the secondary entries. A handout of revised cost estimates was provided. It was stated that TxDOT needs some plans from the city so they can proceed with theirs, however it was pointed out that at this point the city would be establishing place holders and the plans discussed at this point are still conceptual. Several council members expressed that of the designs presented they favor the Kaleidoscope effect. Citizen Christi Martin asked whether a public hearing would be held at a later date. 3.3 Discuss and consider approving a resolution certifying support for the application for 2010 Texas Parks and Wildlife Recreational Trails Grant funds for the development of trails at Wynnewood Peninsula (Nelson) Keith Helms discussed the draft application on behalf of developer Matthews Southwest, noting this three-mile public trail project is not in lieu of park 2 April 20, 20 10 dedication requirements of the developer. While the city is sponsoring the grant, no city money will be used on the project. Keith said the city would administer the funds from the grant. If the grant is awarded the city would enter into an agreement with the developer for future trail maintenance. Motion to approve- Harris; second by Mikulec; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for local match funding for the repair of settlement and drainage problems in the street and pedestrian tunnels on Lebanon Road (Scruggs) Gordon Scruggs reviewed the agreement with Denton County for repairing settlement and drainage problems on Lebanon Road, and the methods to be used for the repairs. Gordon stated that because the county constructed this road in 2007, under this agreement, the city will manage the contract and the county will pay the costs to repair. Gordon added that weather permitting the repairs should be substantially complete sometime in May 2010. Motion to approve- Connelly; second by Boyer, motion passed with all ayes. 3.5 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 a focus on proposed changes to Article IX (Public Nuisances) (Joyce/Browder, SI10-0002) Iris Browder reviewed the proposed changes to Article IX that include definitions, a clearance requirement for trees in the alleys of 14', and no new trees in the parkways. In addition, she stated that the section on graffiti will not include new state law. City Attorney Jeff Moore explained that according to S.B. 2086, the cities would have to pay for clean up if the state law is adopted. 3.6 Receive presentation regarding the 2010 Pirate Days event, and discuss and consider a resolution authorizing the city manager to execute a Funding Agreement with the Chamber of Commerce for use of Hotel Occupancy Tax funds for this event (Chamber) Alison Mahavics presented the proposed plan for the 2010 Pirate Days event that includes expanding it to include Friday evening, October 15th. The remainder of the event will run through Sunday, October 17th. She requested the council consider the use of Hotel Occupancy Tax Funds in the amount of $45,000. She added that they intend to collaborate with the CVB to include a "Welcome to The Colony" tent that includes information on all the city's events with council members and staff serving as hosts at the tent. She reviewed the proposed budget that includes entertainment, promotions, security, rentals and site operations. Lastly, Alison said that the Chamber will offer a complementary Chamber membership to the city in conjunction with this funding agreement for Pirate Days. 3 April 20, 20 10 In response to some council questions about funding and expenditure records for the 2009 event, Alison reviewed some new procedures put in place for vendors and the invoicing process to make accounting more accurate. Alison stated she can provide example forms that will be provided to the vendors. Citizen Christi Martin spoke in favor of council supporting this event. Citizen Liz Ripperger advised council that standards set for Pirate Days' use of HOT funds is applied to other entities requesting use of these funds. Tony Johnston said that staff will provide accounting advice to the Chamber if requested. He also said that incremental payments can be made if desired. Motion to approve- Harris; second by Marks; motion passed with all ayes except for McCourry and Schrag who voted no. 3.1 Receive presentation and discuss the development schedule, agreements, grand opening, and other items related to the marina and other proposed development at Hidden Cove Park (Nelson) At 9:00 p.m. Councilmember Marks requested an executive session. Open session was reconvened at 9:20 p.m. Pam Nelson introduced new equity partners for Marine Quest. Scott Johnson of Ascendant Solutions stated they have provided capital, operating expertise, and oversight for Marine Quest, and, that the existing management for Marine Quest will remain. Scott reviewed the improvements (272 wet slips, ship store, and sand beach) that should be substantially complete by the May 15th Grand Opening date. Scott stated they are working with staff to revise the development agreement and ground lease agreement with the city. In addition, he said that Marcel Bosworth has an agreement with a boat rental company to be located in the park by May 1St Councilmember Boyer pointed out that while improved agreements are important, this project completion should be a priority for Marine Quest. Executive Session was not convened. 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 pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not addressed. Reconvene to Open Session 4.2 A. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. 4 April 20, 2010 And with no further business to discuss the meeting was adjourned at 9:50 p.m. APPROVED: 001, G J e McCou , Mayor City of The olony ATTEST: Christie Wilson, TRM, CMC City Secretary oNix 5