The URL can be used to link to this page

Home My WebLink About07/17/2012 City Council July 17, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON July 17, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:08 p.m. on the 17"' day of July 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 Councilmember Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Tem 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 - Pastor Wally Leyerle, First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- July as Parks and Recreation Month Recognition- The Finance Department for received the Texas Comptroller Leadership Circle Silver Member Award, and the Government Finance Officers Association Distinguished Budget Award Citizen Input No one wished to speak. Announcement of upcoming civic events and activities -Parks and Recreation update on activities. Councilman Terre encouraged citizens to attend the sunset concert series at Stewart Creek Park. Councilman Boyer thanked the Parks and Recreation department for the Fourth of July celebration. Councilman Marks reminded everyone about the Plano Parkway constriction starting on the 23"'. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held July 3, 2012 (City Secretary) 2.2 Consider approving a budget amendment ordinance for Fiscal Year 2011- 2012 authorizing an increase in the Police Department budget for fuel (Police, Clark) 2.4 Consider approving a budget amendment ordinance for Fiscal Year 2011- 2012 authorizing an increase in the Lake Parks Fund to replace a utility vehicle for operations at Stewart Creek Park (Parks & Recreation, Nelson) Motion to approve above consent agenda items- Schrag; second by Connelly; motion passed with all ayes. City Manager Troy Powell requested separate discussion on 2.3. 1 July 17, 2012 2.3 Consider approving a resolution authorizing the city manager to execute a funding agreement with Pirate Days of Texas, Inc. for the October 2012 event as funded in the 2011-2012 Municipal Budget (Shallenburger) Mr. Powell stated the amount of the agreement was amended to read $50,000.00, instead of the $60,000.00 that was noted in the packet materials. Motion to approve with a finding amount of $50,000.00-Schrag; second by Connelly; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider approval of a request for an amendment to Planned Development 16 (PD-16) by creating a new 45.27 acre Tract "F" from a portion of the undeveloped 60.116-acre Tract "B." "Tract F," is proposed to be located at the north of S.H. 121, west of South Colony Boulevard, and south of Memorial Road. (Development Services, Joyce) Mayor McCourry opened the public hearing at 7:26 p.m. No one wished to speak. The public hearing was continued to August 21, 2012. Motion to approve continuing the public hearing until August 21, 2012- Connelly; second by Schrag; motion passed with all ayes. 3.2 First Reading and discuss an ordinance amending the Code of Ordinances, Section 1013, Accessory Structures, of the Zoning Ordinance to allow rear yard underground storm shelters (Development Services, Joyce) Mayor McCourry stated this item is being pulled from the agenda. 3.3 Discuss and consider approving a resolution authorizing the city manager to execute an engineering services contract with Graham Associates, Inc. for design of Phase II widening of Plano Parkway (Engineering, Scruggs) Engineering Director Gordon Scruggs stated Phase I of the project starts next week. Phase II design is complete but needs modifications for the Nebraska Furniture Mart site, Tittle and other intersections, and SH 121. AECOM completed the original design. Graham and Associates is currently working with Nebraska Furniture Mart. Staff looked at the project and determined Graham and Associates could easily make the necessary modifications. Phase II will start in May 2013. Mr. Scruggs outlined the total project costs and funding sources. Motion to approve - Terre; second by Boyer; motion passed with all ayes. 3.4 Discuss and consider approving a resolution authorizing the city manager to execute an engineering services contract with Halff Associates, Inc. for design of the widening of Memorial Drive from Main Street to Navaho Lane (Engineering, Scruggs) 2 July 17, 2012 Mr. Scruggs discussed the scope of work to be completed for the project including drainage, landscaping and signals. Staff recommends entering in to a contract with Halff and Associates for the design portion of the project. The project is funded entirely by Denton County TRIP08. Motion to approve - Schrag; second by Mikulec; motion passed with all ayes. 3.5 Receive presentation and discuss the list of residential streets proposed for resurfacing and associated costs (Engineering, Scruggs) Mr. Scruggs presented a list of streets that are in need of repair with the associated costs including infrastructure improvements and resurfacing. The list Mr. Scruggs provided was the staff's ranking of streets in the most need to least. It was suggested the council review the list and provided their top ten streets. No action. 3.6 Discuss and consider a real estate sales contract and lease agreement by and between the City of The Colony and Denton County for the acquisition of approximately 5.801 acres of land comprising the Denton County Government Center, located at 6301 Main Street and 6303 Main Street, and approving a resolution authorizing the mayor to execute a real estate sales contract (Powell) Councilman Terre had questions regarding this item and asked if could be moved to an executive session item to consult with the city attorney. The council convened into executive session following the regular session. 3.7 Discuss and provide direction regarding the charging and collecting of building permit fees within the extraterritorial jurisdiction of the City of The Colony (City Attorney) City Attorney Moore stated a 2002 interlocal agreement with Denton County gave the city exclusive jurisdiction to collect building permit fees in the extraterritorial jurisdiction (ETJ). The city has the option to collect the fees. The city fees are more expensive than the county fees due to the work performed inspecting the construction of residences. The county does not inspect the residence during construction. Mr. Powell stated that there are only five vacant lots left in the ETJ. He does not anticipate annexing the property any time in the near future. The only service provided to the area is public safety. Councilman Marks asked what would happen if we did annex the property. Mr. Moore replied the properties would be grandfathered as non-conforming. However, if the property owner requested a building permit for a remodel, the structure would have to be brought up to code. The city would be able to enforce the building standard ordinances if necessary. The council decided not to continue collecting the building permit fees in the ETJ. 3.8 Discuss and provide direction to staff regarding grant applications received for possible funding consideration in the Special Events budget of the 2012- 2013 Municipal Budget (Shallenburger) July 17, 2012 Assistant City Manager Tim Miller stated that if the council would like a presentation by any specific group, it would be arranged. Councilman Connelly stated during the council retreat increasing the funding for Liberty by the Lake and the American Heroes festival was discussed. Mr. Miller said any additional funding would come from the general fund balance. Councilman Terre asked how the additional funding would improve the events. Increased fiends would allow for improving the quality of the entertainment. Kevin Braby presented a sample of the pixel lights to be used in the light spectacular. No action. 4.0 EXECUTIVE SESSION Convene to Executive Session at 8:02 p.m. 3.6 Discuss and consider a real estate sales contract and lease agreement by and between the City of The Colony and Denton County for the acquisition of approximately 5.801 acres of land comprising the Denton County Government Center, located at 6301 Main Street and 6303 Main Street, and approving a resolution authorizing the mayor to execute a real estate sales contract (Powell) Pursuant to the provisions of Chapter 551 of the Texas Government Code, in accordance with the authority contained in Section 551.071 of the Texas Government Code to receive legal advice from its attorney, and Section 551.072 of the Texas Government Code regarding the acquisition of approximately 5.801 acres of land comprising the Denton County Government Center. Reconvene into Open Session at 8:37 p.m. City Attorney Moore gave an overview of the contract terms, including the leaseback agreement. It was stated the sales price was determined by an appraisal performed by a third party. Motion to authorize the Mayor to execute the real estate sales contract for the acquisition of the approximately 5.801 acres of laud comprising the Denton County Government Center, located at 6301 and 6303 Main Street, on the terms as presented - Boyer; second by Terre; motion passed with all ayes Convene to Executive Session at 8:44 p.m. 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 a Marine Quest contract amendment. 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 city personnel matters. Reconvene to Open Session at 9:43 pm 4 Jelly 17, 2012 4.2 A. Any action as a result of executive session regarding a Marine Quest contract amendment. Motion to authorize the city attorney to send a letter to Marine Quest as discussed in executive session- Schrag; second by Mikulec; motion passed with all ayes B. Any action as a result of executive session regarding city personnel matters. No action. And with no further business to discuss the meeting was adjourned at 9:44 p.m. APPROVED: J McCourry, Mayor ity of The olony ATTEST: 'I'AA ~A A Christie Wilson, TRMC City Secretary 5