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HomeMy WebLinkAbout05/15/2012 City Council May 15, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 15, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 15th day of May 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 And with seven 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 Presentation of TCHS Scholarship from the LISP Education Foundation (Jonita Harris Community Service Scholarship) Councilmember Harris presented scholarship to Carlos Martinez, who was selected by the Lewisville Education Foundation. Mr. Harris added that a total of $161,000 was awarded in scholarships this year. Citizen Input- Christi Martin invited everyone to the Chamber's Friday morning focus meeting on May 18`" at IHOP when the CVB will be speaking. Joan Lux expressed her concern about the removal of well-established trees on Strickland. Announcement of upcoming civic events and activities Parks and Recreation Update; The Mayor announced that there will not be a city council work session on June 5`', but rather a reception at 6 p.m. Councilmember Marks encouraged everyone to vote during the Primary Election. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held May 1, 2012 [Marks WSJ (City Secretary) Not addressed. i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 May 15, 2012 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to issue purchase orders for the site work, materials and construction of playground equipment at Dave Cowan Park, with funding provided by the Community Development Corporation (PARR/Nelson) Parks Director Pam Nelson reviewed the process of selecting the equipment for each park, which included input and requests from the neighborhood, and added that the Community Development Corporation is funding the renovations. The bids received for Dave Cowan Park were high so staff reevaluated the costs and ultimately re-bid separately the site work, equipment purchase, and installation, which resulted in a savings. Also, staff auctioned off all the old playground equipment for the parks for a total revenue of $5,000. Not included in the bids were the benches, fall zone material, or the trash receptacles. Councilmember Marks asked about field areas and Pam said those would be added in a future phase. Motion to approve- Connelly; second by Harris; motion passed with all ayes. 3.2 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to issue purchase orders for the site work, materials and construction of playground equipment at Friendship Park, with funding provided by the Community Development Corporation (PARR/Nelson) Pam said that the Friendship Park equipment is designed for easier accessibility. She added that the play equipment is being relocated on the site and will have direct sidewalk access. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.3 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to issue purchase orders for the site work, materials and construction of playground equipment at Carr/Chapman Park, with funding provided by the Community Development Corporation (PARD/Nelson) Pam said that this park will have more climbing pieces than the others. The timeframe for completion is the first part of July. Motion to approve-Harris; second by Marks; motion passed with all ayes. City attorney Jeff Moore [for items 3.4, 3.5, 3.6] said that it was the opinion of bond counsel to separate out the construction management agreements based upon reimbursement with bond proceeds, and reimbursement through the tax increments (sales tax and ad valorem) for the Community Development Corporation, the Economic Development Corporation, and the Local Development Corporation. The agreements also create a priority for paying claims. 2 May 15, 2012 3.4 Discuss and consider approval of a resolution approving a Construction Management Agreement by and between NFM Services, LLC, The Colony Community Development Corporation, and the City of The Colony reimbursing certain costs with net bond proceeds. Motion to approve the resolution approving the Construction Management Agreement by and between NFM Services, LLC, The Colony Community Development Corporation, and the City of The Colony reimbursing certain costs with net bond proceeds as presented- Terre; second by Connelly; motion passed with all ayes. 3.5 Discuss and consider approval a resolution approving a Construction Management Agreement by and between NFM Services, LLC, The Colony Economic Development Corporation, and the City of The Colony, Texas, reimbursing certain costs with net bond proceeds. Motion to approve the resolution approving the Construction Management Agreement by and between NFM Services, LLC, The Colony Economic Development Corporation, and the City of The Colony reimbursing certain costs with net bond proceeds as presented- Connelly; second by Harris; inotion passed with all ayes. 3.6 Discuss and consider approval of a resolution approving a Construction Management Agreement by and between NFM Services, LLC, The Colony Local Development Corporation, and the City of The Colony, Texas, reimbursing certain costs with net bond proceeds. Motion to approve the resolution approving the Construction Management Agreement by and between NFM Services, LLC, The Colony Local Development Corporation, and the City of The Colony reimbursing certain costs with net bond proceeds as presented-Connelly; second by Boyer; motion passed with all ayes. The city attorney said that there are revisions to the definitions of "soft costs" to the 4A and 4B agreements. [3.7 & 3.8] 3.7 Discuss and consider approval of a resolution approving a Construction Management Agreement by and between NFM Services, LLC, The Colony Community Development Corporation, and the City of The Colony, reimbursing certain costs with Type B sales tax revenues. Motion to approve the resolution approving the Construction Management Agreement by and between NFM Services, LLC, The Colony Community Development Corporation, and the City of The Colony reimbursing certain costs with Type B sales tax revenue as presented, and with the revision in Section 2.29(9) concerning the definition of "Soft Cost" as presented- Schrag; second by Marks; motion passed with all ayes. 3.8 Discuss and consider approval of a resolution approving a Construction Management Agreement by and between NFM Services, LLC, The Colony 3 May 15, 2012 Economic Development Corporation, and the City of The Colony, reimbursing certain costs with Type A sales tax revenues. Motion to approve the resolution approving the Construction Management Agreement by and between NFM Services, LLC, The Colony Economic Development Corporation, and the City of The Colony reimbursing certain costs with Type A sales tax revenues as presented, and with the revision in Section 2.27(9) concerning the definition of "Soft Cost" as presented- Schrag, second by Marks; motion passed with all ayes. 3.9 Discuss and consider approval of a resolution approving a Construction Management Agreement by and between NFM Services, LLC, The Colony Local Development Corporation, and the City of The Colony, Texas, reimbursing certain costs with Ad Valorem and sales tax revenues. Motion to approve the resolution approving the Construction Management Agreement by and between NFM Services, LLC, The Colony Local Development Corporation, and the City of The Colony reimbursing certain costs with Ad Valorem taxes and sales tax revenues as presented-Schrag; second by Marks; motion passed with all ayes. The city attorney said that 3.10, 3.11, and 3.12 provide for the riles and process for requesting reimbursement of advances to the city. 3.10 Discuss and consider approval of a resolution approving a Reimbursement Agreement by and between The Colony Community Development Corporation and NFM Services, LLC, for reimbursement of certain project costs. Motion to approve the resolution approving the Reimbursement Agreement by and between The Colony Community Development Corporation, and NFM Services, LLC, for the reimbursement of certain project costs as presented-Harris; second by Marks; motion passed with all ayes. 3.11 Discuss and consider approval of a resolution approving a Reimbursement Agreement by and between The Colony Economic Development Corporation and NFM Services, LLC, for reimbursement of certain project costs. Motion to approve the resolution approving the Reimbursement Agreement by and between The Colony Economic Development Corporation, and NFM Services, LLC, for the reimbursement of certain project costs as presented-Harris; second by Marks; motion passed with all ayes. 3.12 Discuss and approve a resolution approving a Reimbursement Agreement by and between The Colony Local Development Corporation, and NFM Services, LLC, for reimbursement of certain project costs. Motion to approve the resolution approving the Reimbursement Agreement by and between The Colony Local Development Corporation, and NFM Services, LLC, 4 May 15, 2012 for the reimbursement of certain project costs as presented- Boyer; second by Marks; motion passed with all ayes. 3.13 Discuss and consider approving a resolution approving an agreement by and between the City of The Colony, The Colony Community Development Corporation, The Colony Economic Development Corporation and Crosson Dannis, Inc, for professional appraisal services, reimbursable by the Tax Increment Finance Zone. Per the city attorney, HB 782 (2011) provides that before the City and the 4B Corporation, The Colony Community Development Corporation, can purchase real property with bond proceeds an independent appraisal of the property must be performed. [There is not a requirement in the statute for the 4A Corporation to have an independent appraisal performed.] The agreements approved on November 15, 2011, with Nebraska Furniture, provide that the 413 Corporation will own certain portions of the 433 acres, purchased with bond proceeds, which in turn will be transferred to Nebraska Furniture. The total cost for the appraisal of the 433 acre tract of land is $6,500.00. This fee will be split 3 ways between the EDC, CDC, and the City - $2,166.67. Motion to approve the resolution approving the Agreement by and between the City of The Colony, Texas, The Colony Community Development Corporation, The Colony Economic Development Corporation, and Crosson Dannis, Inc., for professional appraisal services as presented- Terre; second by Harris; motion passed with all Cayes. 3.14 Discuss and consider approving a budget amendment ordinance for Fiscal Year 2011-2012 authorizing an increase in the non-departmental budget to fund a traffic study for improvements to S.H. 121 and South Colony Boulevard, reimbursable by the Tax Increment Finance Zone (ACM Miller) Assistant City Manager Tim Miller told the council that this traffic study is required by the North Central Texas Council of Governments. The total expenditure is $26,955 and will be reimbursed by the TIRZ. Motion to approve-Harris; second by Marks; motion passed with all ayes. 3.15 Discuss and consider authorizing or approving a resolution casting votes for the Regional Transportation Council Representative and Alternate Representative for two year terms beginning June 2012 (Council) Following discussion on this matter, it was proposed to support the rotation schedule in the Memorandum of Understanding entered into last year. Motion to support the Flower Mound candidate as the Representative beginning June 2012- Schrag; second by Connelly; motion passed with all ayes. 5 May 15, 2012 Motion to nominate Councilmember Marks as the Alternate Representative- Marks. No other nominations were made. Motion passed with all ayes except for Schrag who abstained. Executive Session was convened at 8:10 p.m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding the acquisition of right-of-way and drainage easement for the Memorial-Spring Creek Connector project. B. 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 a Marine Quest contract amendment. C. Council shall convene into a closed executive session pursuant to Sections 551.072 of the TExAs GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. Reconvened Open Session at 9:30 p.m. 4.2 A. Any action as a result of executive session regarding the acquisition of right-of-way and drainage easement for the Memorial-Spring Creek Connector project. Motion to authorize the city engineer and city staff to pursue right-of-way acquisition and drainage easement on the terms as presented- Connelly; second by Boyer; motion passed with all ayes. B. Any action as a result of executive session regarding a Marine Quest contract amendment. Motion to authorize the city manager to send to Marine Quest a 60 day notice letter terminating the Development Agreement and Lease Agreement between the City of The Colony, Texas and Marine Quest with an opportunity to cure defects during said 60 days- Harris; second by Connelly; motion passed with all ayes. C. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. And with no further business to discuss the meeting was adjourned at 9:35 p.m. APPROVED: r_l~' ~ z G4 ~ J e McCouz y, Mayor City of The Colony 6 May 15, 2012 ATTEST: Christie Wilson, TR 4C City Secretary h) 7