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Home My WebLink About03/20/2012 City Council March 20, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 20, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 20th day of March 2012, 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 Present Joel Marks Councilmember Present (7:05 p.m.) 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 Citizen Input- Christi Martin announced the "Chalk This Way" event scheduled for March 24"' at Five Star Complex. Announcement of upcoming civic events and activities 1- P&R update 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held March 6, 2012 [Terre; Marks absent WS] (City Secretary) 2.2 Consider approving a resolution adopting the amended Investment Policy (Finance) 2.3 Consider approving a resolution adopting the amended Financial Management Policy (Finance) 2.4 Consider approving a resolution authorizing the local purchase of auto parts through a Cooperative Purchasing Agreement with Public Sourcing Solutions (Finance) Motion to approve above consent agenda items- Connelly; second by Schrag; motion passed with all ayes. Councilmember Harris requested separate discussion on item 2.5. 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 March 20, 2012 2.5 Consider approving an ordinance amending the municipal budget for fiscal year 2011-2012 to increase the Economic Development Corporation operating budget for a vehicle purchase (Finance) Councilmember Harris stated he pulled this item due to the dollar amount being over $25,000 and to ask the question of why the need to purchase this now rather than in the regular budget process. Economic Development Director Keri Samford told the council that the city vehicle is not always available to transport the EDC booth for the events EDC staff attends, and that they expect, due to pending development, there will be more opportunities to provide tours to potential developers. The EDC board of directors asked her to get information on different options for a vehicle (purchase, lease, rental, etc.), adding they need one that will transport six to eight people. Kerr added that the state bid for vehicles expires on April 1st, so if they purchase now they avoid an expected price increase. If approved, the vehicle will be ordered this week with a four to six week delivery. Councilmember Schrag added that the EDC Board looked at this very thoroughly and determined it would be appropriate to make this purchase. Councilmember Connelly and Councilmember Terre both stated they would like more information, specifically about insurance cost and city policies regarding vehicle use. Mayor McCourry spoke in favor of the purchase, adding that it is the city manager's responsibility to address the specifics. Motion to approve- Schrag; second by Marks; motion passed with the following vote: Ayes- McCourry, Harris, Boyer, Schrag, Marks Nos- Connelly, Terre 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider an ordinance approving a development plan for Hawaiian Falls "360 Rush" ride, located on the east side of Paige Road, 4400 Paige Road (Development Services, SP12-0001) Development Services Director Mike Joyce reviewed the location of the proposed water slide on the Hawaiian Falls site, adding that the Development Review Committee and the Planning and Zoning Commission recommends approval. Councilmember Connelly added that three citizens came forward to speak in favor at the P&Z meeting. The public hearing was opened at 7:29 p.m. Christi Martin stated that she lives close and that the noise level is still a concern, and that remedies for the noise had been discussed previously. Public hearing closed at 7:32 p.m. Mike Joyce responded by saying last year's drought resulted in trees needing to be replaced, and that a new irrigation system will help maintain the new foliage. He added they will be using pampas grass to fill in between the trees. City Manager Troy Powell added that they discussed the fading color on the slides and that is being addressed as well. It was noted that state law does not address a maximum occupancy for the park but that based on the number of restrooms and lockers, the facility keeps attendance approximately under 1,700 people. Motion to approve- Harris; second by Terre; motion passed with all ayes. 2 March 20, 2012 3.2 First reading, conduct a public hearing and discuss an amendment to Section 10-300, entitled "Definitions and Explanations Applicable to Use Schedule," of Appendix A, Zoning, of the Code of Ordinances; and consider the language and form of a proposed ordinance regarding garage sale regulations within the city, to be added as Section lOD, entitled "Garage Sales" of Appendix A, Zoning; and by amending subsection 6-263, entitled "Definitions," by adding new definitions for "Individual Garage Sale", "Community Garage Sale," and "Group Garage Sale" (Development Services, SI12-0001) Mike Joyce explained that the current zoning ordinance is not sufficient to cover the various types of garage sales in the city. Staff is proposing to include specifics for individual, community, and charitable/educational/religious organization sales. He reviewed and council discussed the permit requirements, fees, duration, and number of sales allowable per year. He further stated regulations on the garage sale signs will be addressed in the sign ordinance. The public hearing was opened and closed at 7:46 p.m. with no one wishing to speak. 3.3 Conduct a public hearing, discuss, and consider proposed amendments to be included for adoption in a future ordinance amending the Code of Ordinances, Article XI of Chapter 6 entitled "Signs", by revising subsection 6-261(d), entitled "Garage Sale Signs;" by adding subsection 261(d)(1) and 261(d)(2) (Development Services, SBA11-0007) Mike Joyce stated that, based on the type of garage sale (see item 3.2), that different regulations are being proposed as to the number and type of signs allowed. The public hearing opened at 7:51 p.m. Christi Martin stated she might start holding shows at garage sales. Public hearing closed at 7:52 p.m. Executive Session was convened at 8:00 .m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.087 of the TEXAS GOVERNMENT CODE to receive legal advice and to deliberate regarding commercial or financial information the City has received from a business prospect, and to deliberate the offer of a financial or other incentive regarding a Third Amendment to Developer's Agreement with Wynnwood Peninsula, Ltd. and MSW Wynnwood, LLC., and a Second Amendment to Developer's Agreement with Wynnwood Peninsula Partners, L.P. B. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney and to deliberate the purchase, exchange, lease, or value of real property, and to consider authorizing the use of eminent domain to condemn property consisting of approximately 64.71 square feet or 0.0015 acres of right-of-way, in fee simple, and approximately 12,182 square feet or 0.2797 acres of land for a drainage and utility easement, located within Lot 64, Block J, The Cascades at the Legends, Phase 2 3 March 20, 2012 Addition, City of The Colony, Denton County, Texas, for public roadway improvements. C. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney and to deliberate the purchase, exchange, lease, or value of real property, and to consider authorizing the use of eminent domain to condemn property consisting of approximately 2,931 square feet or 0.0673 acres of land for right-of-way, in fee simple, located within R.P. Hardin Survey, Abstract No. 611, City of Frisco, Denton County, Texas, for public roadway improvements. [Councilmember Schrag left the meeting at 8:45 p.m.) Reconvened Open Session at 8:50 p.m. 4.2 A. Any action as a result of executive session regarding a Third Amendment to Developer's Agreement with Wynnwood Peninsula, Ltd. and MSW Wynnwood, LLC., and a Second Amendment to Developer's Agreement with Wynnwood Peninsula Partners, L.P. I move to approve a Second Amendment to the Developer's Agreement between the City of The Colony and Wynnwood Peninsula Partners, LP as presented- Harris; second by Connelly; motion passed with all ayes. I move to approve a Third Amendment to the developer's Agreement between the City of The Colony and Wynnwood Peninsula, Ltd. and MSW Wynnwood LLC as presented- Harris; second by Connelly; motion passed with all ayes. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property, including discuss and consider a resolution authorizing the use of eminent domain to condemn property consisting of approximately 64.71 square feet or 0.0015 acres of right-of-way, in fee simple, and approximately 12,182 square feet or 0.2797 acres of land for a drainage and utility easement, located within Lot 64, Block J, The Cascades at the Legends, Phase 2 Addition, City of The Colony, Denton County, Texas, for public roadway improvements. I move to approve Resolution No. 2012-019 authorizing the City of The Colony, Texas to use the power of eminent domain to acquire approximately 64.71 square feet or 0.0015 acres of right-of-way, and approximately 12,182 square feet or.2797 acres of land for a drainage and utility easement, located within Lot 64, Block, The Cascades at the Legends, Phase 2 Addition, City of the Colony, Denton County, Texas for public roadway improvements- Harris; second by Connelly; motion passed with all (6) ayes (Councilmember Schrag was not present). C. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property, including discuss and consider a resolution authorizing the use of eminent domain to condemn property consisting of approximately 2,931 square feet or 0.0673 acres of land for right-of-way, in fee simple, located within R.P. Hardin Survey, Abstract No. 4 March 20, 2012 611, City of Frisco, Denton County, Texas, for public roadway improvements. I move to approve Resolution No. 2012-020 authorizing the City of The Colony, Texas, to use the power of eminent domain to acquire approximately 2,931 square feet or 0.0673 acres of land for right-of-way located within R.P. Hardin Survey, Abstract No. 611, City of Frisco, Denton County, Texas for public roadway improvements- Harris; second by Connelly; motion passed with all (6) ayes (Councilmember Schrag was not present). And with no further business to discuss the meeting was adjourned at 8:55 p.m. APPROVED: J McCourry, Mayor ity of The Colony ATTEST: iristie Wilson, TRMC City Secretary 5