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Home My WebLink About02/15/2011 City Council February 15, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 15, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:08 p.m. on the 15th day of February 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 Present Kirk Mikulec Councilmember 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 - Christ Community Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations- Severe Weather Awareness Week Recognize out-going Community Development Corporation Board Member John Sanders- CDC Director Pam Nelson told of Mr. Sanders' history of contributing to the city through volunteerism. Mayor McCourry presented him with a plaque. Citizen Input- none Announcement of upcoming civic events and activities Parks & Recreation upcoming events. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held January 18, 2011 [Connelly absent] (City Secretary) 2.2 Consider approving council expenditures for December 2010 (Council) 2.3 Second reading and consider approving 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) (SI10-0011, Planning) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 February 15, 2011 2.4 Second reading, and consider approving 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) 2.5 Consider approving a resolution authorizing the city manager to execute a construction services contract with F&F Concrete for storm drainage improvements at the Municipal Complex located at 5151 North Colony Boulevard (Engineering) 2.6 Consider accepting John Sanders' resignation from the Community Development Corporation Board of Directors (Council) 2.7 Consider approving a resolution authorizing the city manager to execute a Park Attendant Agreement with Amy Coile for operations at Stewart Creek Park (PARD) 2.9 Consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement for Fire Services with Denton County (Fire) 2.10 Consider approving a resolution authorizing the mayor. to execute an Interlocal Cooperation Agreement for Ambulance Services with Denton County (Fire) 2.11 Consider approving a resolution approving the quarterly investment report for the quarter ended December 30, 2010 (Finance) 2.12 Consider authorizing staff to release a Request for Qualifications for project management of large city projects (Miller) 2.13 Consider authorizing staff to release a Request for Qualifications for an external review of the Development Services Department (Miller) 2.14 Consider approving a resolution authorizing the city manager to execute a contract with McCreary, Velselka, Bragg and Allen, P.C. for collection of delinquent property taxes (Finance) Motion to approve above consent agenda items- Harris; second by Connelly; motion passed with all ayes. Councilmember Schrag requested item 2.8 be addressed separately. 2.8 Consider approving a resolution authorizing the city manager to execute a professional services agreement with Halff Associates for construction plans, specifications and estimates for the Bill Allen Bridge repair project and authorize a budget amendment ordinance (Public Works) Councilmember Schrag voiced his concern over using these particular fiends for erosion problems. Public Works Director Tod Maurina explained that the erosion has progressed to the point that the bridge is unsafe for vehicular traffic. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. Mayor McCourry requested item 2.15 be addressed separately. 2.15 Consider approving a resolution adopting a Building Use Policy for rental or leasing city facility space (City Manager) Citizen Martin Mussey representing The Colony Playhouse asked council whether this new policy will affect his theater group and when will it go into effect. 2 February 15, 201 1 Citizen Christi Martin reminded council that the building was originally made available for all arts. City Manager Troy Powell explained some of the merits and purpose of the policy, and said that it will become effective on October 1, 2011. He added that Brant Shallenburger will oversee the scheduling. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider approving an ordinance for a special exception to Section 17-106.1, Site Design, Exterior Walls of the Zoning Ordinance and Section 10A-900D.1 of the Gateway Overlay District to allow the use of stucco as an alternate exterior material on the proposed Taco Bell Restaurant, located at 5005 Main Street (F.M. 423) (SE10-0003, Planning) Planning Director Mike Joyce explained that stucco is being requested in lieu of the 75% brick requirement on a new building for Taco Bell. Stucco is the typical exterior finish. He reviewed the lot expansion and elevations. The public hearing was opened and closed at 7:50 p.m. with no one wishing to speak. Discussion followed regarding the building's proposed color scheme. Several council members expressed their appreciation to this business for making the decision to rebuild and relocate on the lot to accommodate the Main Street widening. Motion to approve- Schrag; second by Boyer; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider adopting an ordinance approving a site plan for a new Taco Bell Restaurant, located at 5005 Main Street (F.M. 423) (SP10-0014, Planning) Mike Joyce reviewed the proposed site plan and landscape plan for Taco Bell. He said the lot is being re-platted to add 70' to the depth of the lot. The public hearing was opened and closed at 7:58 p.m. with no one wishing to speak. Motion to approve- Marks; second by Connelly; motion passed with all ayes. 3.3 Receive auditor's draft report on the Audit and the Comprehensive Annual Financial Report for fiscal year ended September 30, 2010 (Finance) ]Finance Director Rebecca Koo reminded council that the city has a new auditor this year and introduced Kevin Kemp from BKD, LLP. She told the council that the audit is very clean and the fiend balances are good. Mr. Camp stated that the city is in a strong financial position, adding that the city staff is utilized well. The final draft of the report will be ready in March. 3.4 Receive presentation and discuss the Semi-Annual Report from the Cultural Arts Board (CAB Liaison) Cultural Arts Board Liaison Brant Shallenburger introduced board member Liz Ripperger who provided the semi-annual report of activities to the council. She reviewed the 2010 activities and the 2011 Goals and Objectives. 3 February 15, 2011 3.5 Receive presentation, discuss and consider authorizing a budget amendment ordinance to fund upgrades and expansion of The Colony Christmas Spectacular Light Show for 2011 (PARD/Special Events) Parks Director Pam Nelson stated that for the past four years this event has been very popular for local residents and others [4,000 vehicles counted in 2010]. She said they would like to upgrade some of the lights to LED. Kevin Braby, volunteer organizer, told the council that the LED lights would last 5-7 years and require minimum maintenance, as well as more efficient operation. He also reviewed a priority of new elements they would like to add for 2011. Troy Powell stated there is $49,000 remaining in the current special events fund. Discussion among council included possibly expanding the parking/viewing area. The council further discussed how much money to authorize for the upgrades and expansion. Several members expressed a concern about using all the money available. Motion to approve $42,500- Boyer, second by Connelly; motion passed with all ayes except for Schrag who voted no. 3.6 Discuss and provide direction to staff regarding contracting with Denton County Elections for equipment rental and election services (City Secretary) City Secretary Christie Wilson reviewed the proposed changes to the agreement with Denton County Elections from previous years. In the past the city rented equipment from the county and the city secretary ran the elections. If the council generally agrees, Denton County Elections Administrator would serve as the early voting clerk, election records would be maintained by the county, election workers would be hired, trained and paid by the county, and election results would be available on the Denton County website rather than through the city secretary's office. Costs were briefly discussed. Council was in general agreement to proceed with the agreement as presented. The approval of the agreement will come back to the council for formal approval in March. It was noted that voting will be done on electronic equipment and voters across Denton County will be able to vote at any early voting location. 3.7 Discuss and consider approving a resolution ordering the May 14, 2011 General Election for single member city council districts (City Secretary) The city secretary stated that some contents of this resolution were based on several factors of the Denton County Election agreement previously discussed. Motion to approve contingent on council's formal approval of the Denton County Elections agreement- Harris; second by Mikulec; motion passed with all ayes. 3.8 Discuss and consider approving an ordinance ordering a Special Election on May 14, 2011 for the purpose of holding a Charter Amendment election (City Council) Motion to approve- Connelly; second by Mikulec; motion passed with all ayes. 4 February 15, 2011 3.9 Discuss and consider rescheduling or cancelling the March 15, 2011 city council meeting (City Council) Motion to change the date of the second March council meeting to March 22"`~- Schrag; second by Mikulec; motion passed with all ayes. Council convened the executive session at 9:25 .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 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Secretary annual evaluation. Reconvened to Open Session at 10:21 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. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. C. Any action as a result of executive session regarding City Secretary annual evaluation. No action. And with no further business to discuss the meeting was adjourned at 10:22 p.m. APPROVED: Joe McCourry, Mayor City of The, Cololly ATTEST: S'{ Christie Wilson, TRMC 5 February 15, 2011 City Secretary 6