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Home My WebLink About12/06/2011 City Council December 6, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 6, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:20 p.m. on the 6th day of December 2011, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Absent Richard Boyer Mayor Pro-Tem Present Jeff Connelly Councilmember Present David Terre 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 - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meeting held November 22, 2011 (City Secretary) 2.2 Consider approving council expenditures for October 2011 (Council) 2.5 Consider approving a budget amendment ordinance for fiscal year 2011- 2012 (Finance) 2.6 Consider approving a resolution authorizing the mayor to execute an annual interlocal cooperation agreement with Denton County for providing ambulance services to unincorporated areas of Denton County (Fire) 2.7 Consider approving a resolution authorizing the mayor to execute an annual interlocal cooperation agreement with Denton County for providing fire protection services to unincorporated areas of Denton County (Fire) 2.8 Consider approving a resolution authorizing the city manager to execute an Estoppel Certificate and Landlord's Consent and Certificate for the lenders providing refinancing for Blue Sky Sports Center (PARD) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 December 6, 2011 Motion to approve above consent agenda items- Connelly; second by Terre; motion passed with all ayes Mayor McCoun requested separate discussion of items 2.3 and 2.4. The items were addressed collectively. 2.3 Consider approving a resolution authorizing the city manager to execute a lease agreement with the American Legion Holly-Riddle Post 21 for use of the city facility located at 6303 Main Street (Administration) 2.4 Consider approving a resolution authorizing the city manager to execute a lease agreement with Lakeside Community Theater for use of the city facility located at 6303 Main Street (Administration) Brant Shallenburger explained some changes that were made, including that the term for the leases is December 1, 2011 through September 2017. Lakeside Community Theater has inquired that if they pay their rent annually, could they receive a discount. Motion to approve items 2.3 and 2.4 as written with the term date beginning in December- Boyer; second by Terre; Councilmember Marks inquired whether there are any expenses. City Manager Troy Powell stated that the rent doesn't totally cover all the maintenance. Troy added that both organizations can pay their rent annually rather than monthly if they choose but without discount. Motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Receive report from the Pirate Days committee and discuss the 2011 Pirate Days festival (Administration) Lyn Genung and Nancy Dillard provided a summary of the Pirate Days event. It was noted that advertising was done on DART buses this year, and $5,600 was collected for the Make-a-Wish Foundation on behalf of Connor Ramirez. A revenues and expenditure report was provided to council. 3.2 Conduct a public hearing, discuss and consider adopting an ordinance approving a Development Plan for Chicken Express Restaurant (Dev Svcs, SP11-0007) Development Services Director Mike Joyce reviewed the location, parking development plan, elevations, and landscape plan for this business. He added it meets the requirements of PDII zoning and the Gateway Overlay District. Planning and Zoning recommended approval. The public hearing was opening and closed at 7:50 p.m. with no one wishing to speak. Motion to approve- Terre; second by Connelly; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider adopting an ordinance approving a Specific Use Permit (SUP) to allow tattooing as a secondary use 2 December 6, 2011 in All Seasons Tan, located at 6805 Main Street, Suite 455 (Dev Svcs, SUP11- 0005) Mike Joyce reviewed this item, adding that it meets the SUP criteria. He provided a 1,000 ft radius map of the area. Planning and Zoning recommended approval. The public hearing was opened at 7:59 p.m. Sherry Ailing (business owner) spoke in favor. Public hearing closed at 8:00 p.m. Councilmember Connelly noted this is a secondary use for the business but asked the question, how is secondary use determined. Discussion of using a percentage of total building space be used and it was asked that P&Z review this in the future. Motion to approve as recommended by P&Z with less than 50% of building usage- Connelly; second by Terre; motion passed with ayes. 3.4 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for landscaping and irrigation of North Colony Boulevard (Engineering) City engineer Gordon Scruggs stated staff is recommending low bidder American Landscape Systems, Inc. for the installation of landscaping and irrigation on North Colony Boulevard from Curry to Paige Road at a cost of $432,494.05. This would also include maintenance for two years. Gordon stated there will be enough money left in the landscape budget to irrigate the parkways along the slip roads and asked council to authorize it as well. Motion to approve the construction contract with American Landscape Systems, Inc. with the alternates for a total cost of $432,494.05, and to authorize staff to negotiate with the contractor for installation of irrigation in the parkways- Schrag; second by Marks; motion passed with all ayes. 3.5 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for reconstruction of the Phase IV residential streets (Engineering) Gordon Scruggs stated staff is recommending low bidder RKM Utility Services, Inc. for the reconstruction of portions of Clover Valley, Avery, and Strickland. Sidewalk and driveway returns, storm drains, street lights and water and sewer mains will be replaced as well. The total cost of the project is $2,377,539. It was noted that this is approximately $5,000 over the original estimate. Timeline discussion followed. Motion to approve (awarding contract to RKM for Phase IV street reconstruction)- Terre; second by Connelly; motion passed with all ayes. 3.6 Discuss and consider approving a resolution making certain legislative findings regarding Reinvestment Zone Number One, City of The Colony, Texas (Council) City attorney Jeff Moore advised the council this item is related to the Nebraska Furniture project. He stated this resolution finds and determines that the TIF .3 December 6, 2011 projects and economic development projects, and well as the finance plan, are necessary and convenient for the successful implementation of the plan. Jeff added that the Bond Counsel is recommending city council approval. It was noted that the TIRZ and LDC boards will be asked to approve a like resolution. Motion to approve- Connelly, second by Marks; motion passed with all ayes. 3.7 Discuss and consider a resolution approving a management agreement by and between the City of The Colony, Board of Directors of Reinvestment Zone Number One, City of The Colony, and The Colony Local Development Corporation, regarding Reinvestment Zone Number One, City of The Colony, Texas (Council) Jeff Moore stated this is related to the Nebraska Furniture project. The agreement spells out the duties of the city and the Zone Board. Motion to approve- Connelly, second by Marks; motion passed with all ayes. 3.8 Discuss and consider adopting a resolution casting the city's votes for the Denton County Appraisal District Board of Directors candidates (Council) Motion to cast all 64 votes for John Mahalik- Boyer, Boyer, McCourry, Terre voted aye; Connelly, Sch rag, and Marks voted no; tie vote failed. Motion to cast all 64 votes for Steve Mossman- Connelly; Connelly, Schrag, Terre, Marks voted aye; McCourry and Boyer voted no; motion passed. 3.9 Discuss and consider canceling or changing the date of the second city council meeting in December (Council) Motion to cancel the 2" d December city council meeting- Schrag; second by Connelly; motion passed with all ayes. Council convened executive session at 8:40 .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 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding the appointment of board members to the Lewisville Independent School District Bond Oversight Committee. 4 December 6, 2011 D. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, employment, evaluation, reassignment, discipline or duties of the assistant city manager of operations. E. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, employment, evaluation, reassignment, discipline or duties of the assistant city manager of administration. F. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, employment, evaluation, reassignment, discipline or duties of the economic development director. G. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, employment, evaluation, reassignment, discipline or duties of the city manager. Reconvened to Open Session at 10:02 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 discussed. 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 the appointment of board members to the Lewisville Independent School District Bond Oversight Committee. No action. D. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, discipline or duties of the assistant city manager of operations. E. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, discipline or duties of the assistant city manager of administration. For items D. and E.- Motion to authorize the city manager to contract with employees as discussed in executive session- Boyer; second by Connelly; motion passed with all ayes. F. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, discipline or duties of the economic development director. 5 December 6, 2011 No action. G. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, discipline or duties of the city manager. Motion to modify the city manager's contract as discussed in executive session- Terre; second by Connelly; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 10:05 p.m. APPROVED: XJe McC ou , Mayor y of The olony ATTEST- hristie Wilson, TRMC City Secretary 6