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Home My WebLink About07/19/2011 City Council July 19, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JULY 19, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:07 p.m. on the 19th day of July 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 Mayor Pro-Tem Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Absent Joel Marks Councilmember Present And with six council members present a quorum was established and the following items were addressed: L 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 Community Image Department to Recognize Volunteers- Postponed until next meeting. Citizen Input- Martin Mussey announced the next Colony Playhouse production, School House Rock Live. He and Harrison King performed "I'm Just a Bill" from the production. Joan Lux spoke regarding bushes blocking the view at the stop sign at Blair Oaks and Strickland. She also expressed concern over the condition of the sidewalks and alley on Strickland. Announcement of upcoming civic events and activities Parks & Recreation update on activities and events. Mayor McCouiry stated that Councilmember Schra is out on business. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held July 5, 2011 (City Secretary) 2.2 Consider approving an ordinance amending the Code of Ordinances, Section 12-22 Legal Disposal Only, by excluding city law enforcement personnel from the provisions therein for the purpose of evidence collection from discarded refuse, and to update the title of the director authorized under this section (Police) Motion to approve- Marks; second by Connelly, motion passed with all ayes. These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 July 19, 2011 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider adopting an ordinance approving a specific use permit for on-premise beer sales at Blue Sky Sports Center located at 7801 Main Street (SUP11-0002, Development Services) Development Services Director Mike Joyce summarized this request and that all the criteria has been met for an SUP to be issued. It was noted that alcohol sales would not begin until 7 p.m. after all youth games have ceased, and that consumption would only be allowed in the snack bar area and a designated area outside. A late night permit is not being requested. The public hearing was opened and closed at 7:38 p.m. with no one wishing to speak. Motion to approve- Connelly; second by Boyer; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider adopting an ordinance approving a Development Plan for Austin Ranch Phase VI, Austin Oaks (SP11-0003, Development Services) Mike Joyce reviewed the development plan details for this 23.69 acre tract located in Planned Development 22, including the park areas, trails, pool, parking, and concept building types and elevations. The plan meets the zoning requirements for PD 22. The public hearing was opening and closed at 8:45 p.m. with no one wishing to speak. Councilmember Connelly stated that he is not in favor of multifamily as it requires more city services and would like to see more commercial development. Motion to approve- Connelly; second by Marks Councilmember Harris stated that calls for emergency services are high in Austin Ranch and asked whether security has been discussed. City Manager Troy Powell stated that some police officers are hired off-duty for special events. Lucillo Pena representing the applicant told the council that they will have extra security guards when the pool is open, and that he agrees that security should be shared. Motion passed with all ayes. 3.3 Discuss and consider approving a resolution authorizing the city manager to execute a Development Agreement between the City of The Colony and The Residences of Austin Ranch No. 6, Ltd., for the purposes of developing Austin Ranch Phase VI (SP11-0003, Development Services) Mike Joyce reviewed this request that includes a reduction in building permit fees for Phase VI of the Austin Ranch development and for the next sixty (60) months. City staff did an analysis of permit fee rates with neighboring cities which indicates The Colony's rates the highest. A reduced rate was recalculated from $12.11 to $4.02 for this development agreement. Mayor McCourry indicated lie is okay with the development and incentive packet but not to include the sixty (60) month extension. Several council members expressed that each project needs to be evaluated on its own, and that they should not commit future city councils 2 July 19, 2011 under this agreement. In addition, all council members expressed a desire to continue working with this developer on individual projects. Lucillo Pena spoke on behalf of the developer saying that The Colony's fees are too high and they should not have to come back to the council and negotiate each project. Mayor McCourry reiterated that there needs to be communication on such projects with the development earlier in the process. Mayor McCourry asked the city attorney to redraft the agreement to eliminate any references to an extended timeframe and to only include Phase VI in the permit fee reduction. Motion to approve as amended and to only include Phase VI [without the sixty (60) month extension]- Connelly; second by Harris; motion passed with all ayes except for Marks who voted no. 3.4 Discuss and . consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for the funding of engineering design for Memorial Drive widening from Main Street to Morning Star Drive (Engineering) City Engineer Gordon Scruggs advised the council that this Denton County Interlocal Agreement is for funding needed for the initial design of widening Memorial Drive from Main Street to Morning Star Drive. This particular portion of the project is for $800,000 and funded by Denton County. The culvert at Worley Drive was discussed and Gordon advised it involves right-of-way acquisition and options are being reviewed at this time. The widening of Memorial for this section should be completed around April 2014 with three (3) lanes each direction. Motion to approve- Connelly; second by Boyer; motion passed with all ayes. 3.5 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a contract for the replacement of wooden light poles with steel poles at athletic fields (PARR) Parks Director Pam Nelson explained that this purchase of nine poles completes the replacement of all wooden light poles at the athletic fields and is a budgeted item. These will be installed at Bridges Park, the Little League Complex, and at BB Owen Softball fields . The bid was received though Buy Board from Musco Lighting in the amount of $56,776. Pam noted that the existing light fixtures will be mounted to the new poles. Motion to approve- Terre; second by Harris; motion passed with all ayes. 3.6 Discuss council committees and board liaisons for 2011-2012, and consider making appointments (Mayor) Mayor McCourry made some changes to the board liaison list as follows: David Terre- assigned to the Board of Adjustment and the Animal Control Advisory Board; Allen Harris- Public Tree 3 July 19, 2011 The mayor also said to add him to the Solid Waste Committee. He added that the ETJ position on the capital improvement advisory committee is open. Executive Session was convened at 8:35 .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 551.071 and Section 551.074 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding the process of appointment or reappointment of the Municipal Court Judge. Reconvened to Open Session at 9:20 p.m. 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. Not addressed. B. Any action as a result of executive session regarding the process of appointment or reappointment of the Municipal Court Judge. No action. And with no further business to discuss the meeting was adjourned at 9:20 p.m. APPROVED: Joe McCourr/y, Mayor City of The 6olony ; ATTEST: Christie Wilson, TRMC City Secretary 0P~ 4