Loading...
HomeMy WebLinkAbout05/03/2011 City Council May 3, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 3, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 3rd day of May 2011, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCouriy Mayor Present Allen Harris Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Mayor Pro-Tem Present Kirk Mikulec Councilmember Absent 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 - Allen Harris Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations- Motorcycle Safety Month presented to Bikers for Christ, Relay for Life presented to event organizer Beth Wagstaff, Municipal Clerks Week presented to Christie Wilson, Arbor Day presented to Keith Helms. Recognition of The Colony's Tree City USA Designation- Courtney Blevins with the Texas Forrest Service presented the city with a flag, and noted this is the third annual award for the city. Presentation of Library grant from Co-Serv Charitable Foundation -Dennis Engelke with Co-Serve presented the city with a check for $8,400 toward internet based Library services. Citizen Input- Kathy Braby introduced herself as a candidate for Place 4 and reminded everyone of early voting. Announcement of upcoming civic events and activities t- P&R recognition of TAAF State Basketball championship team- the 8 & under boys team TC Blazers; P&R financial impact report for TAAF Tournament; presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Early Voting at Denton County Government Center May 2-10. Mayor McCouriy stated that a video of the candidate forum is available on the city's website. He noted that Councilmember Mikulec is out on business. 2.0 CONSENT AGENDA I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 May 3, 2011 2.1 Consider approval of minutes of council meetings held April 5, 2011 (City Secretary) 2.2 Consider approving council expenditures for March 2011 (Council) 2.3 Consider approving a resolution adopting the Denton County Local Mitigation Strategy (Fire) 2.4 Consider approving a resolution authorizing the city manager to execute an agreement with the property owners of 3913 Cedar Ridge Court exchanging property for a drainage easement. (Engineering) 2.5 Second reading and consider approving an ordinance amending the Code of Ordinances by adding a new Chapter 8, Article III, entitled "Hotel Occupancy Tax" (City Attorney) 2.6 Second reading and consider approving an ordinance completing the annexation of 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 (Development Services, All-0001) 2.7 Second reading and consider approving an ordinance amending the Code of Ordinances, Chapter 2 Administration, Article II by adding a new Division 8, entitled "Keep The Colony Beautiful Board", and appointing the Community Image Advisory Board to serve in that capacity (Community Image) 2.8 Consider approving a resolution accepting the quarterly investment report for the quarter ended March 31, 2011 (Finance) 2.9 Consider approving a resolution accepting an amendment to the option and lease agreement with AT&T Wireless to provide additional cell equipment at the water tower on Clover Valley and authorizing the city manager to execute the amendment (Engineering) Motion to approve- Marks; second by Boyer, motion passed with all ayes. Mayor McCourry moved item 3.9 a on the agenda. 3.0 REGULAR AGENDA ITEMS 3.9 Discuss and consider making appointments to fill vacancies on the Library Board and the Board of Adjustment (Council) Motion to appoint Jade Kelly to the Library board- Harris; second by Connelly; motion passed with all ayes. Motion to move Constance Yawak from alternate no. 1 position to fill the vacancy on the Board of Adjustment- Connelly; second by Boyer; motion passed with all ayes except for Harris who voted no. 3.1 Conduct a public hearing, discuss and consider approving an ordinance amending the Code of Ordinances, Section 10B, "Accessory Structure Regulations, of Appendix A of the Comprehensive Zoning Ordinance (Development Services) Development Services Director Mike Joyce explained this is the amendment requested by council to allow screened structures. He reviewed the amendment language. The public hearing was opened and closed at 7.45 p.m. with no one wishing to speak. 2 May 3, 2011 Motion to approve- Schrag; second by Connelly; motion passed with all ayes except for Harris who voted no. 3.2 Conduct a public hearing, discuss and consider adopting an ordinance approving a site plan for a new parking lot to serve the Lake Park Plaza Shopping Center (Development Services, SP10-0010) Mike Joyce stated this is a request to approve a site plan for a new parking lot to serve the Lake Park Plaza Shopping Center at 7525 Main Street due to the additional right-of-way required for the widening of Main Street. The widening plans by TxDOT will remove all the existing parking that serves the shopping center. He reviewed the existing condition of the property, the adjacent zoning, 28 parking spaces, screening and landscaping. Mike added that there will be one access point from Main Street with no turn lane on Main Street. Drainage will flow toward a Main Street storm sewer inlet. Planning and Zoning recommended approval. The public hearing was opened and closed at 7:56 p.m. with no one wishing to speak. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.3 Discuss and consider approving a resolution authorizing the city manager to execute a consulting contract for the purpose of preparing a Cultural Arts Master Plan and approve an ordinance amending the 2010-2011 municipal budget to allocate funds (CAB Liaison) Cultural Arts Board liaison Brant Shallenburger stated the adopted Community Development Master Plan recommends the city also adopt a Cultural Arts Master Plan which is the basis of this request. Several consultants were reviewed and the one selected was Cultural Arts Planning Group. The proposal is for $10,000 for a survey and $50,000 for the plan. The Community Development Corporation approved $30,000 in funding and this request includes the city funding the remaining $30,000. Citizen Christi Martin stated she approves of the consulting group, however expressed concerns that the city has used consultants in the past and have not always followed up on the recommendations. Mayor McCouriy stated he is in favor of approving this request, adding that the city won't be able to do everything recommended in such a plan but attempts to take small steps to get some of the recommendations accomplished. Councilmember Connelly stated he would like the board to undertake this first then use a consultant if need be, and doesn't feel surveys are successful. Councilmember Harris indicated he understands the need for a plan and supports it but is concerned with the timing and funding source. He would rather the fiends go directly toward events and activities. It was noted that a grant was applied for this project and it was not approved. No motion was made on this agenda item. The city attorney advised that any council member can request this item be placed on a future agenda without restriction. 3 May 3, 2011 3.4 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a contract for the installation of fiber optics from Paige Road to Fire Station #2 and the Aquatic Park (Communications) IT Manager Bruce Maker stated this item is to extend fiber optic from Paige Road to Fire Station #2 and the Aquatic Park. Six responses to the request for proposals were received and the bid by Gardner Telecommunications, Inc. was selected. This is a budgeted item with estimated cost of $65,068. This installation will improve telephone and computer access at the Aquatic Park and fire station. Motion to approve- Schrag; second by Harris; motion passed with all ayes. 3.5 Discuss and consider approving a resolution awarding a bid, including Alternate # 2, and authorizing the city manager to execute a construction services contract for shelter renovations at Stewart Creek Park (PARD) Park Manager Keith Helms reviewed the bid for updating the existing picnic shelters based on the Stewart Creek Park Master Plan. This project includes reroofing the pavilion, and the alternate will refinish the steel frame of the pavilion. Seven bids were received and We Build Fun, Inc. was selected. Total estimated cost is $133,212.04 with CDC providing $100,000 toward the project. Motion to approve- Harris; second by Connelly; motion passed with all ayes. 3.6 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a contract for the sludge removal services for the wastewater treatment plant (Public Works) Wastewater treatment plant representative Jason Fulco explained that due to a pending price increase the city requested proposals for sludge removal services. Staff is recommending the bid be awarded to Eagle SWS at an annual expense of $139,748. Motion to approve- Boyer, second by Harris; motion passed with all ayes. 3.7 Discuss and consider approving a resolution establishing a Guaranteed Maximum Price for the construction of the Public Services Complex - Phase 1 and authorizing the city manager to execute all necessary documents related to the construction (Public Works) Evan Groeschel of the Public Works department provided a brief overview of the project and reviewed the funding. The project total estimated cost is $2,364,762 plus a contingency of $31,981. The contract is with Pogue Construction. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.8 Discuss and consider approving an ordinance amending the 2010-2011 municipal budget to establish a budget for the Cultural Arts Board (CAB Liaison) 4 May 3, 2011 Brant Shallenburger explained this is a request for a $15,000 operating budget (current budget) that will allow the Cultural Arts Board to organize events by funding advertising, equipment rental, board name tags, etc. There are five mini events planned for this summer and the Parks and Recreation department has been involved in the planning process. It was noted that the grant funds set aside for the board are used for other organizations' events and these funds are separate. Citizen Christi Martin expressed her approval of the mini-events. Motion to approve- Harris; second by Marks; motion passed with all ayes. Executive Session was convened at 8:50 .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 551.087 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. C. Council shall convene into a closed executive session pursuant to Section 551.074 (1) of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Manager annual evaluation. Reconvene to Open Session 10:10 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 economic development negotiations. No action. C. Any action as a result of executive session regarding City Manager annual evaluation. I move to authorize the mayor to execute an Amended Employment Agreement with the City Manager, Troy Powell, and an interest and sinking fiend ordinance concerning the Amended Employment Agreement on the terms as discussed in executive session- Harris; second by Boyer, motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 10:12 p.m. APPROVED: J e McCou , Mayor City of The Colony j ' 5 May 3, 2011 ATTEST: Christie Wilson, TRMC any ® City Secretary TE x FS 6