HomeMy WebLinkAbout03/01/2011 City CouncilMarch 1, 2011
MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
MARCH 1, 2011
The Regular Session of the City Council of the City of The Colony, Texas, was called
to order at 7:15 p.m. on the 1st day of March 2011, at City Hall, 6800 Main Street,
The Colony, Texas, with the following roll call:
Joe McCourry
Allen Harris
Richard Boyer
Jeff Connelly
Kirk Mikulec
Perry Schrag
Joel Marks
Mayor
Councilmember
Councilmember
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Present
Present
Present
Present
Present
Present (8:15 p.m.)
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 —St. Peters Episcopal Church
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Citizen Input- none
Proclamation- Vietnam Veterans Appreciation proclamation was presented to
American Legion Commander Bob Bourbon.
Announcement of upcoming civic events and activities '- The second March
Council meeting date is changed to March 22, 2011; Mayor McCourry announced
an upcoming benefit golf tournament on April 3 with information available on the
American Legion website.
2.0 CONSENT AGENDA
2.1 Consider approval of minutes of council meetings held February 15 and 17,
2011 (City Secretary)
2.2 Consider accepting Diane Ling's resignation from the Community Image
Advisory Board (Council)
2.3 Consider approving a resolution authorizing the mayor to execute a Joint
Election Agreement and Contract for Election Services between the City of
The Colony and Denton County Elections for the 2011 general and special
elections (City Secretary)
These items are strictly public service announcements. No action will be taken and no direction will be given
regarding these items.
March 1, 2011
2.5 Consider approving a resolution authorizing the city manager to enter into
an agreement with Carson Barnes Circus to conduct a circus on the
southwest corner of the Five Star Complex, March 23-24, 2011 (PARD)
2.6 Consider approving council expenditures for the month of January 2011
(Council)
Motion to approve above consent agenda items- Connelly; second by Marks; motion
passed with all ayes.
Councilmember Harris requested separate discussion on 2.4 and 2.7.
2.4 Consider approving a resolution awarding a bid and authorizing the city
manager to issue purchase orders for the annual purchase of chemicals and
soil conditioners (Finance/Purchasing)
Due to the dollar amount being over $50,000 Councilmember Harris requested a
separate vote.
Motion to approve- Harris; second by Connelly, motion passed with all ayes.
2.7 Consider approving a resolution accepting a FEMA grant in the amount of
$32,400 toward the purchase of Electronic Patient Care Reporting software
and equipment, additional funding of $26,652, and authorizing the city
manager to execute a subscription agreement (Fire)
Councilmember Harris confirmed with Fire Chief Scott Thompson that the
additional capital funding is available.
Motion to approve- Harris; second by Marks, motion passed with all ayes.
3.0 1 REGULAR AGENDA ITEMS
3.1 Receive presentation on the 2011 Pirate Days Festival, discuss and consider
approving a resolution authorizing the city manager to execute a funding
agreement for the 2011 event (CM/PD Committee)
Lynn Genung and Nancy Dillard of Pirate Days of Texas, Inc. submitted a request
for funding from the city for $60,000 for the 2011 festival. They reviewed the
proposed budget and other aspects of this year's event.
Motion to approve $60,000- Mikulec, second by Marks
Councilmember Harris stated he prefers $55,000 and Councilmember Boyer
stated he prefers $50,000 as budgeted. Councilmember Connelly confirmed with
Finance Director Rebecca Lai that funds are available [in the special events fund
with contributions from hotel occupancy tax funds.] Mayor McCourry also
expressed his concern with the amount and at that point Councilmember Mikulec
withdrew his motion based on council discussion. Councilmember Marks was
asked if he would withdraw his second to the motion. He declined so the motion
stood. Councilmember Connelly called for a vote.
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March 1, 2011
Motion passed with the following vote:
Aye- McCourry, Connelly, Mikulec, Marks
No- Harris, Boyer
3.2 Conduct the first public hearing and discuss annexing approximately 27.01
acres of land adjacent to the city, and located within the city's
extraterritorial jurisdiction, more commonly known as Water's Edge
Subdivision (All -0001, Development Services)
Mike Joyce reviewed prior proceedings and the annexation agreement.
Discussion of the schedule included the fact that due to the upcoming May
election, final annexation date can be after election proceedings are concluded.
The residents of Water's Edge will not be eligible to vote in this election and that
would help eliminate any confusion for those residents. The public hearing was
opened at 7:55 p.m. Christi Martin asked what effect there will be on property
tax. Rebecca Lai stated the city would realize approximately $76,000 per year
based on the current residences, however, would lose $15,000 per year in utility
fees [because they purchase water at a higher rate now since they are outside our
city limits]. Robert Webster voiced his disagreement with the annexation based
on the added burden to the city's services. Councilmember Harris advised him
that since Water's Edge is in the city's ETJ, the city is currently providing fire and
police protection, and water and sewer services. Chuck Rogers also spoke in
opposition to the annexation. Veronica Morrez had some questions about road
usage, and future benefit of the annexation. Mike Joyce noted that this will
remain a gated community so the HOA will continue to maintain the roads. The
Mayor advised that future residents there will be paying property taxes as well.
The public hearing was closed at 8:10 p.m. City Attorney Jeff Moore advised the
annexation agreement was entered into in 2007 and stated the city could annex the
area beginning in January 2011.
3.3 First reading and discuss an ordinance amending the Code of Ordinances,
Section 10B "Accessory Structure Regulations" of Appendix A,
Comprehensive Zoning Ordinance (SI11-0001, Development Services)
Mike Joyce reviewed the proposed revisions and added that these revisions will
make enforcement by Community Image officers easier. He specifically noted
that regulations for cargo containers and PODS have been included. The second
reading of the ordinance will be March 22, 2011. Councilmember Connelly
questioned the fact that screened -in porches are not allowed. After brief
discussion Mayor McCourry asked for this to be reviewed. [Councilmember
Schrag arrived 8:15 p.m.]
3.4 Discuss and consider adopting a resolution affirming the city's support for
the North Texas Regional Urban Forestation Initiative (PARD)
Parks Manager Keith Helms reviewed the proposed plan. It is suggested that The
Colony propose by resolution that $7,000 trees be planted over the next ten years.
The number would include plantings at private residences and commercial
developments, as well as city plantings. Participating in the program
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March 1, 2011
complements the city's status as Tree City USA. Councilmember Harris added
that the Vision North Texas 2050 program supports this initiative.
Motion to approve- Marks; second by Mikulec; motion passed with all ayes except for
Connelly who voted no.
3.5 Discuss and consider approving a resolution authorizing the city manager to
execute any and all documents necessary for the purchase of approximately
0.597 acre tract of land, being Lot 1, Block 1 of the Food Lion Addition, more
commonly known as 6804 Main Street (City Council/City Attorney)
City Attorney Jeff Moore stated that Stewart Title has asked for a resolution
authorizing the purchase of the property at 6804 Main Street. The closing is
scheduled for next Monday at 10 a.m.
Motion to approve- Harris; second by Mikulec; motion passed with all ayes.
3.6 Receive presentation, discuss and consider authorizing the implementation of
the Volunteer Assistance Program (Community Image)
Community Image Department representative Joe Perez explained that the
Volunteer Assistance Program is Part 1 of the Neighborhood Enhancement
Program. He provided a brief presentation, and reviewed details and objectives of
the program. It was noted that rental properties will not be eligible for
enhancements, and that the applications submitted will be considered public
record within the guidelines of the Public Information Act. Mr. Perez added that
volunteers are currently being identified and that non -city funding sources need to
be secured. There was brief discussion on whether donations to the program will
be tax deductable.
3.7 Discuss and consider approving an ordinance amending the Code of
Ordinances, Chapter 9.5 "Flood Damage Prevention" (Engineering)
City Engineer Gordon Scruggs reviewed the ordinance, adding it puts the city in
compliance with Environmental Protection Agency and Texas Commission on
Environmental Quality requirements. Brief discussion followed.
Motion to approve- Boyer; second by Mikulec; motion passed with all ayes.
3.8 Receive report from city council and staff in attendance at Denton County
Days in Austin (Council)
Councilmember Harris stated that the format changed this year and attendees
were not given the opportunity to speak directly with legislators. Mayor
McCourry suggested the city plan to invite area legislators to The Colony in the
future, and said a letter is being drafted to mail to them that states the city's
concerns on several issues.
Executive Session was convened at 9:35 p.m.
4.0 1 EXECUTIVE SESSION
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March 1, 2011
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 551.071 (1)(A) of the TEXAS GOVERNMENT CODE to seek legal advice
from the city attorney regarding contemplated litigation between KCK
Utility Construction, Inc. and the City of The Colony.
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 11:07 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 contemplated
litigation between KCK Utility Construction, Inc. and the City of The
Colony.
Motion to authorize the city attorney to proceed with necessary litigation against KCK
and the surety- Connelly; second by Boyer, motion passed with all ayes.
C. Any action as a result of executive session regarding City Secretary
annual evaluation.
Motion to amend the contract as discussed in executive session- Boyer, second by
Schrag; motion passed with all ayes except for Connelly who voted no.
And with no further business to discuss the meeting was adjourned at 11:09 p.m.
APPROVED:
J e McCouMayor:`,
City of Tl ; C®rlony
ATTEST:
Christie Wilson, TRMC
City Secretary
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