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Home My WebLink About01/18/2011 City Council January 18, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON January 18, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 18th day of January 2011, 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 Mayor Pro-Tem Absent 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 - First United Methodist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of Retiring Assistant City Manager Tony Johnston - Mayor McCourry presented Assistant City Manager Tony Johnston with a plaque. The council briefly recessed to the front parking lot at 7:12 p.m. to honor Assistant City Manager with the naming of the fire boat. The council reconvened at 7:17 p.m.. Citizen Input - Anna Newport of 4153 Clary Drive, presented information about the North Texas Soup N Bowl event on January 29, 2011 from 11:00 am to 2:00 p.m. benefiting local food banks. Announcement of upcoming civic events and activities Lindsey Stansell, Special Event Coordinator presented the upcoming events. They include a disc golf tournament, the Kids Colony work day, and the Daddy Daughter Dance. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held January 4, 2011 [Marks, Connelly absent] (Wilson) 2.2 Consider approval of inter-fund transfers (Finance) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 January 18, 2011 2.3 Consider approving a resolution suspending the effective date of Oncor Electric Delivery Company's proposed rate change (Finance/Purchasing) Motion to approve above consent agenda items - Schrag; second by Boyer, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider a request from the Lakeside Arts Foundation for funding from the Hotel Occupancy Tax fund to support a sidewalk chalk art festival and approve a budget amendment ordinance (CAB Liaison) Lakeside Arts Foundation member Teresa Masden of 4425 Hale Street presented information to the council. The "Chalk this Way" Festival will be held on March 19, 2011 at Five Star Park. Ms. Masden included details regarding expected participation, entertainment, vendors, budget, and a site plan. Many council members stated they have noted successful events of this type in other towns. They further discussed the entertainment and if security would be needed. In reviewing the budget and funding request, Councilman Mikulec asked if it would be necessary to provide the $850 for the stage set-up and take-down fees paid to the city or if it could waived. It was determined it could be handled either way. The Council inquired about the date. The event is planned for spring break. The date was selected based on scheduling availability at the park. The event planners do not feel like it will affect participation. Motion to accept and amend the ordinance to change the allocation from the HOT fund to Special Events Fund and authorize funding of $12,335 (waiving the stage setup/take down) for the "Chalk this Way" event and request receipts at the conclusion of the event - Harris, second by Mikulec; motion passed with all ayes. 3.2 First reading, conduct a public hearing, and discuss an ordinance amending Section 13-103(3), "Special Off-Street Parking Regulations" of Appendix A, Comprehensive Zoning Ordinance; Section 6-272(b)(5) "Special Off-Street Parking Regulations" of Chapter 6 of the Code of Ordinances; and, Chapter 19 of the Code of Ordinances by renumbering Section 19-24 as Chapter 19, Section 19-12(1) (Planning) Development Services Director Mike Joyce presented the information regarding the changes to the ordinance. He stated the amendments will clarify parking requirements and make them consistent with existing laws. Mayor McCourry opened the public hearing at 7:58 p.m. and closed the public hearing at 7:59 p.m. with no one wishing to speak. Mayor McCourry then read the ordinance caption in its entirety. No action taken. 3.3 First reading, conduct a public hearing, and discuss an ordinance amending Section 18-701(B) entitled "Swimming pool barriers; and Section 18-801(A) entitled "Maintenance", of Appendix A, Comprehensive Zoning Ordinance, of the Code of Ordinances(SI10-0015, Planning) Development Services Director Mike Joyce presented the information regarding the changes to the ordinance. He stated the amendments clean up the code from the amendment in October 2010. It will change the vertical alignment of fencing from an aesthetical issue to a life safety issue. Mayor McCourry opened the 2 January 18, 2011 public hearing at 8:04 p.m. and closed the public hearing at 8:05 p.m. with no one wishing to speak. Mayor McCourry then read the ordinance caption in its entirety. No action taken. 3.4 Discuss and consider adopting a resolution scheduling the date, time, and place for two (2) public hearings on the proposed annexation of Water's Edge Subdivision; authorizing and directing the city manager and/or city staff to publish notices of such public hearings; directing city staff to prepare a service plan for the proposed annexation of approximately 27.01 acres of land adjacent to the city and located within the city's extraterritorial jurisdiction (All-0001, (Planning) Development Services Director Mike Joyce stated in March 2007 the city and property owners of the Water's Edge subdivision entered into an agreement for the city to annex the property into its city limits. The agreement stated the annexation could not occur prior to January 1, 2011. The resolution stated the process directing staff to schedule public hearings and create a service plan. City Staff will contact the Home Owners Association to discuss the service plan and voting rights. The city currently provides services to the area. The public hearings will be scheduled for March 1, 2011 and March 15, 2011 in the City Council Chambers. Motion to approve - Harris; second by Mikulec; motion passed with all ayes. 3.5 Discuss and consider approving a resolution authorizing the city manager to execute a professional services contract for engineering services in connection with the Stewart Creek Wastewater Treatment Plant phosphorus removal study (Utilities) Public Works Director Tod Maurina explained when the Stewart Creek Wastewater Treatment Plant was constructed, it was not designed for the current phosphorus removal requirement from TCEQ. Completing the phosphorus removal system will allow the plant to run at full capacity. Councilman Harris asked if the more than one firm was considered for the proposal. Mr. Maurina stated other firms were considered but this is the best firm for the job. Motion to approve - Marks; second by Boyer; motion passed with all ayes. 3.6 Council to discuss proposed Charter Amendments and determine propositions to include (Council) The council reviewed the twelve recommended propositions and determined the following: Proposition 1 - Clean-up; the proposition shall be included on the ballot with a vote of 6-0. Proposition 2 - Governmental Immunity Issue; the proposition shall be included on the ballot with a vote of 5-1 (Harris - against). Proposition 3 - Member Qualifications; motion by Harris to modify the amendment of 2.04 Section C to the existing verbiage; second by Schrag; motion passed with Harris, Boyer, Schrag, and Marks voting for and McCourry and Mikulec voting against. The council then determined the proposition shall be included on the ballot with a vote of 6-0. 3 January 18, 2011 Proposition 4 - Council Compensation; the proposition shall be included on the ballot with a vote of 5-1 (Schrag - against). Proposition 5 - Quorum; the proposition shall not be included on the ballot with a 3-3 vote (Harris, Boyer, Schrag - against). Proposition 6 - Establishment of Administrative Offices; motion by Harris to reverse City Manager and City Council in Section B. The motion died for lack of second. Councilman Harris made another motion for section B to read "City Manager may establish, abolish..."; second by Mikulec; motion passed with Harris, Boyer, McCourry, Mikulec and Schrag voting for and Marks voting against. The council then determined the proposition shall be included on the ballot with a vote of 6-0. Proposition 7 - Limitations on recall; the proposition shall be included on the ballot with a 4-2 vote (Harris, Schrag - against). Proposition 8 - Power of initiative; the proposition shall be included on the ballot with a 6-0 vote. Proposition 9 - Power of referendum; the proposition shall be included on the ballot with a 5-1 vote (Schrag - against). Proposition 10 - Budget; the proposition shall be included on the ballot with a 5-1 vote (Harris - against). Proposition 11 - Conflict of interest; motion by Harris to amend verbiage to "It shall be grounds for dismissal from office or termination of employment the City if an official knowingly violates the provision of this section or participates in a vote or decision on any matter involving a business entity or real property in which the official has a "substantial interest" consistent with chapter 171 of the Local Government Code; second by Boyer; motion passed with Harris, Boyer, McCourry, Mikulec, and Marks voting for and Schrag voting against. The council then determined the proposition shall be included on the ballot with a vote of 6-0. Proposition 12 - Boards and Commissions; the proposition shall be included on the ballot with a 6-0 vote. Executive session was convened at 9:35 .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 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 Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. C. 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. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to the TEXAS GOVERNMENT CODE to deliberate the evaluation, reassignment, dismissal or duties of a member of the Community Development Board of Directors. 4 January 18, 2011 Reconvene to Open Session at 10:35 p.m. 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. No action taken. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. Motion to authorize city manager to execute a real estate sales contract on a tract or tracts of land for the terms as discussed in executive session- Boyer, second by Harris, motion passed with all ayes C. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect. No action taken. D. Any action as a result of executive session regarding the evaluation, reassignment, dismissal or duties of a member of the Community Development Board of Directors. No action taken. And with no further business to discuss the meeting was adjourned at 10:36 p.m. APPROVED: oe McC rry, Mayor City of The Colony ATTEST: Al ristie Wilson, TRMC ' ' City Secretary x A, 5