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Home My WebLink About11/16/2010 City CouncilNovember 16, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 16, 2010 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 16th day of November 2010, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Absent Richard Boyer Councilmember Present Jeff Connelly Mayor Pro -Tem Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present 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 — Jeff Connelly Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of Finance Department for Receiving the Certificate of Achievement for Excellence in Financial Reporting — Mayor McCourry recognized Finance Director Rebecca Lai for her department receiving this award and added this is the 21St year for them to receive it. Rebecca expressed her thanks to the council and to the dedicated employees in the Finance Department. Citizen Input — Lisa Leary announced a fundraising event called North Texas Soup N Bowl to be held January 29th at the Cascades Event Center. The event is to raise funds for the Storehouse Food Pantry. She also stated there is a food collection drive going on now for people to donate to that will be shared among the other food pantries in town. Martin Mussey announced the 2011 season for The Colony Playhouse. Announcement of upcoming civic events and activities 1- Lindsey Stansell (P&R) announced holiday activities on December 4th to include Holiday in the Park, Parade of Lights, and the Christmas Lights Spectacular. Joan Sveinsson of the Library announced photos with Santa available at the Library on December 4th from noon -2 p.m. Mayor McCourry announced Councilmember Harris is out ill. I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. November 16, 2010 12.0 1 CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held October 19, 2010 [Marks absent WS] (Wilson) 2.2 Consider approving a resolution authorizing the city manager to execute an engineering services contract with Halff Associates, Inc. for the design of the Phase IVA Residential Street Re -construction (Engineering) 2.3 Consider approving changes to the city's Purchasing Policy and Procedures adopting exemptions as authorized by the Local Government Code 252.022 (Finance/Purchasing) 2.5 Consider approving a resolution accepting the Quarterly Investment Report for the period ending September 30, 2010 (Finance) 2.6 Consider approving the 2009-2010 Planning and Zoning Commission Annual Report (Planning) 2.7 Consider approving a resolution authorizing the city manager to issue a purchase order to Phillpott Motor Company with pricing available through the Tarrant County Interlocal Purchasing Agreement for the purchase of five police vehicles as approved in the 2010-2011 municipal budget (Public Works/Police) 2.8 Consider approving a resolution authorizing the Mayor to sign an Interlocal Cooperation Agreement with Denton County for Library Services (Library) Motion to approve above consent agenda items- Schrag; second by Mikulec; motion passed with all ayes. Councilmember Connelly requested separate discussion of item 2.4. 2.4 Consider accepting Deville Hubbard's resignation from the Planning and Zoning Commission effective November 30, 2010 (Council) Councilmember Connelly publicly thanked Deville Hubbard for his many years of service on the Planning and Zoning Commission. Motion to approve- Connelly, second by Mikulec; motion passed with all ayes. Mayor McCourry requested separate discussion of item 2.9. 2.9 Consider approval of a resolution authorizing the mayor to execute a contract renewal between the City of Dallas and the City of The Colony for the purchase and sale of wholesale treated water (Public Works) Mayor McCourry thanked Public Works/Utilities Director Tod Maurina for all his work with Dallas Water Utilities to get this agreement in place. Assistant City Manager Tony Johnston added that in the previous contract the city was to return 50% of the volume of water purchased back into Lewisville Lake in the form of treated wastewater. Tod's involvement resulted in a change to the language so such a restriction was not included. The city now has more options for possibly reusing some of this water to irrigate parks and other common areas. Motion to approve-McCourry; second by Connelly, motion passed with all ayes. November 16, 2010 3.0 1 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider approving an ordinance regarding an application for a Specific Use Permit to allow the off -premise sale of beer and wine for the Ship Shore located at the Hidden Cove Park Marina, 20400 Hackberry Creek Park Road (Planning) Planning Director Mike Joyce provided a summary of this request for an SUP for off -premise beer and wine sales at the new Hidden Cove Park Ship Store. The zoning criteria are met and the Planning and Zoning Commission recommends approval. Mike added that the city's lease agreement with the U.S. Army Corp of Engineers was checked to confirm this activity is allowed under that agreement. The public hearing was opened and closed at 7:29 p.m. with no one wishing to speak. Motion to approve- Connelly; second by Mikulec, motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider approving an ordinance regarding an application for a revised detailed Development Plan for the Old American Golf Clubhouse located on the eastern side of Lebanon Road, just north of the existing Tribute Golf Course (Planning) Mike Joyce stated that this is a revised development plan from what council had previously approved. He stated this plan combines the clubhouse and golf cart storage into one building. The zoning criteria are met and the Planning and Zoning Commission recommends approval. The public hearing was opened and closed at 7:34 p.m. with no one wishing to speak. Motion to approve- Marks; second by Boyer; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider approving an ordinance regarding an application for a detailed Development Plan for the City of The Colony Public Services Complex located at 1 Harris Plaza (Planning) Mike Joyce reviewed the lot configurations in PD -24 which includes the area for this development plan. Specifically, this request is for Phase 1 of the Public Services Complex which includes a Fleet Maintenance building and parking areas. Mike reviewed the adjacent zoning and added that Planning and Zoning recommends approval. The public hearing was opened and closed at 7:39 p.m. with no one wishing to speak. Tony Johnston advised the council that the plans for the complex are different than originally presented, and that the facility will accommodate all city vehicles. The anticipated completion date is December 2011. Tod Maurina added that the design is about 90% complete. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. 3.4 Discuss and consider approving a resolution authorizing staff to proceed with contract negotiations with Pogue Construction as Construction Manager at Risk for the Public Services Complex (Public Works) 3 November 16, 2010 Public Works Director Tod Maurina stated this item is to authorize staff to go forward with a construction manager at risk agreement with Pogue Construction to help manage the project. Tod added that of the seven (7) proposals received, staff reviewed all and recommends Pogue. A Guaranteed Maximum Price will come back to the council for approval in the future. Motion to approve- Connelly, second by Mikulec; motion passed with all ayes. 3.5 First reading and discuss an ordinance amending the Code of Ordinances by adding Chapter 20 entitled Storm Water Pollution Prevention to establish methods for controlling the introduction of pollutants into the city's storm drainage system (Engineering) City Engineer Gordon Scruggs stated that this information was originally presented to council on September 7, 2010 by the consulting firm, AECOM. This ordinance establishes methods for controlling the introduction of pollutants into the city's storm drainage system, erosion during construction, illicit discharge and enforcement, and is proposed to become effective August 1, 2011. The ordinance meets the minimum requirements of the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA). Mayor McCourry read the caption of the ordinance. The ordinance will come back to the council for final approval on the December 7, 2010 consent agenda. 3.6 Discuss the Lakeside Arts Center Use Policy, provide clarification of certain language, consider possible amendments, and consider approving a resolution adopting an amended policy (Mayor) Not addressed. 4.0 1 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071(1) of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding pending litigation between John McDonald and the City of The Colony. B. 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. Reconvene to Open Session at 8:40 p.m. 4.2 A. Any action as a result of executive session regarding pending litigation between John McDonald and the City of The Colony. Not discussed. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. Councilmember Boyer made the following motion: rd November 16, 2010 I move to authorize the city manager to execute a real estate sales contract and to execute any and all necessary paperwork for the acquisition of the approximately 0.597 acre tract of land generally located at 6804 F.M. 423, The Colony, Texas, consistent with the price and terms and discussed in executive session; motion was seconded by Schrag, motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 8:42 p.m. APPROVED: Accourly, Mayor of Th Colony ATTEST: Christie Wilson, TRMC L4 City Secretary