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Home My WebLink About06/05/2012 City Council June 5, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 5, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.m. on the 5th day of June 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec COuncilmember Present Richard Boyer Mayor Pro-Tem Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councihllember 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 - Trinity Presbyterian Pledge of Allegiance to the United States Flag Salute to the Texas Flag Oath of Office for Newly Elected Council Members- The newly elected council members, Joe McCourry, Kirk Mikulec, and Richard Boyer, took the Oath of Office. Recognize Allen Harris for Years of Service on City Council- Mayor McCourry presented Allen Harris with a plaque for his service to the city and recognized his accomplishments over the past nine years. Recognize City Employee of The Year - Human Resources Director Margaret Burkett and Mayor McCourry recognized Frank Armijo of the Aquatic Park as employee of the year. Police and Jail Facility- Outstanding Construction Project Recognition- Russ Garrison of Sedalco Construction said they received a Distinguished Building Award from the local trade association for the recently constructed jail facility. Mr. Garrison thanked the architects and city staff involved with the project. He then presented the award to Police Chief Joe Clark. Library to receive grant award from CoServ Charitable Foundation- Dennis Englekie of CoServe presented the Library director with a check for $8,400. Citizen Input- Christi Martin remarked on her contact with city council members of surrounding cities and further said she would like this city council to be more responsive to its citizens. Announcement of upcoming civic events and activities Councilmember Connelly congratulated his son, William Jaynes Connelly, for his promotion to Sergeant. These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 June 5, 2012 2.0 CONSENT AGENDA 2.2 Consider approving council expenditures for April 2012 (Council) 2.3 Consider approving a resolution denying the recent proposed rate increase by Atmos Energy Corporation, Mid-Tex Division (Finance/Cranford) 2.4 Consider approving an ordinance amending the Code of Ordinances, Appendix A, Zoning Ordinance, Section 13-103 (2) and (3), Special Off- Street Parking Regulations, to correct a scrivener's error (Development Services, Joyce) 2.5 Consider approving a resolution amending Resolution 2012-045 to name the city's nomination from the Town of Flower Mound for the shared Regional Transportation Council appointment (Council) 2.6 Consider approving a resolution awarding a bid to Weisinger Incorporated for repairs to the Trinity Well at Well Site No. 1 and authorizing the city manager to execute a contract (Utilities/Groeshel) 2.7 Consider approving a resolution authorizing the mayor to execute a contract for professional services with RSH Consulting for the monitoring of legislative actions and providing consulting services to the city (Council) Motion to approve above consent agenda items- Connelly; second by Marks; motion passed with all ayes. Councilmember Mikulec requested this item be pulled so that it could be voted on separately, since he was not on council during these meetings. 2.1 Consider approving minutes of council meetings held May 1, May 15 and May 22 [McCourry, Boyer, Marks SS], 2012 (City Secretary) Motion to approve- Connelly; second by Marks; motion passed with all ayes except for Mikulec ivho abstained. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider an ordinance approving a special exception to the architectural standards of the zoning ordinance for use of stucco in the Gateway Overlay District for The Ice House to be located at 5000 Main Street (SE12-0001) (Development Services, Joyce) Development Services Director Mike Joyce explained that the Gateway Overlay District requires a special exception for the use of stucco. He reviewed the proposed elevation and showed photos of a similar building. The public hearing was opened 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. 3.2 Conduct a public hearing, discuss and consider an ordinance approving a site plan for The Ice House to be located at 5000 Main Street (SP12-0002) (Development Services, Joyce) 2 June 5, 2012 Mike Joyce explained that the Ice House is an unmanned ice dispensing building that will use only about three of the parking spaces in the parking lot of 5000 Main. The public hearing was opened at 7:55 p.m. Brad Cooksey, applicant for this project, stated he has two other facilities like this, and explained how he can control operations remotely if need be. A phone number will be posted on the building in the event a customer has any difficulty with operation. Christi Martin spoke in favor of the project. Public hearing closed at 7:56 p.m. It was noted that no sign permit applications have been submitted and that sales tax will be collected. Motion to approve- Boyer; second by Connelly; motion passed with all ayes. 3.3 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for the relocation of sewer and storm drains related to the Memorial/Spring Creek connector project (Engineering, Scruggs) City Engineer Gordon Scruggs explained that this is the second phase of the total Memorial/Spring Creek connection project and construction should begin in July. Staff is recommending the bid be awarded to PC Contractors, LLC in the amount of $511,579.75. The funding sources are NCTCOG/TxDOT Regional Toll Revenue (RTR) and Denton County; the city will provide in-kind services of $47,298.03. Motion to approve- Connelly; second by Schrag; motion passed with all ayes. 3.4 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for the Plano Parkway Widening, Phase 1 project (Engineering, Scruggs) Gordon Scruggs explained that this project is to widen Plano Parkway from north of Windhaven Parkway, south to Parker Road in Carrollton. Included in the construction is widening the existing bridge over Indian Creek, repair of several sections of failed concrete, construction of a new trail, installation of fiber-optic conduit, streetscape, traffic signal improvements and street light relocations. Staff is requesting the bid be awarded to Mario Sinacola & Sons Excavating in the amount of $3,974,871.47. Carrollton will pay $920,165.20 and the Colony will pay $3,054,706.27, with The Colony managing the overall project under an Interlocal Agreement previously approved. The Colony's portion of the cost will be paid by RTR and Denton County funds. The Billingsley Company is also paying $85,241.38 for bridge enhancements and a left turn and median cut at Tittle Drive. Construction is expected to begin Juiy 2012. Motion to approve- Schrag; second by Boyer; motion passed with all ayes. 3.5 Discuss and provide direction regarding trees in Oncor easement at Historic Park (General Admin, Miller) Assistant city manager Tim Miller told the council that all eight (8) of the large trees located in Historical Park need to be removed or relocated due to them being 3 June 5. 3012 too close to Oncor's overhead transmission lines, and, the city entered into an easement agreement in 1971 to maintain the tree height at fifteen (15) feet. Several aspects of the situation were discussed, including the fact that this park is where the annual Christmas Light show is displayed using these trees. It was noted that this is not the best time to relocate or plant trees and staff was directed to discuss options with Oncor and bring the matter back at the next meeting. 3.6 Discuss and make appointments to council committees (Mayor) Mayor McCouriy indicated that due to his being ill this week he has not been able to work on these assignments. He did ask Councilmember Terre to act as temporary liaison for the upcoming CDC meeting [Former council member Allen Harris was previously the assigned liaison for this board.] 3.7 Discuss and elect a member of the city council as voting member to the North Central Texas Council of Governments (Council) Mayor McCour y asked Councilmember Schrag if he would like to have this position and he indicated he would. Motion to appoint Perry Schrag as voting member to the North Central Texas Council of Governments- Connelly; second by Mikulec; motion passed with all ayes. 3.8 Discuss and elect a Mayor Pro tem and Deputy Mayor Pro tern (Council) Councilmember Boyer nominated Joel Marks for Mayor Pro tem; the nomination was seconded by Connelly; nomination unanimously approved. Councilmember Schrag nominated David Terre for Deputy Mayor Pro tem; the nomination was seconded by Mikulec; nomination unanimously approved. 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 551.087 of the Texas GOVERNMENT CODE to deliberate regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). 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 litigation between KCK Utility Construction, Inc. and the City of The Colony. 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 a Marine Quest contract amendment. D. Council shall convene into a closed executive session pursuant to Section 551.071 of the TExAs GOVERNMENT CODE to seek legal advice from 4 June 5, 2012 the city attorney regarding contemplated public roadways located in the Tribute subdivision adjacent to a public school site. Reconvened to Open Session at 9:53 p.m. 4.2 A. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). No action. B. Any action as a result of executive session regarding litigation between KCK Utility Construction, Inc. and the City of The Colony. No action. C. Any action as a result of executive session regarding a Marine Quest contract amendment. No action. D. Any action as a result of executive session regarding contemplated public roadways located in the Tribute subdivision adjacent to a public school site. No action. And with no further business to discuss the meeting was adjourned at 9:55 p.m. APPROVED: We McCown , Mayor City of The Colony ATTEST: Christie Wilson, TRMC City Secretary 5