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HomeMy WebLinkAbout09/18/2012 City Council September 18, 2012 MINUTES OF REGULAR SESSION Or COUNCIL HELD ON SEPTEMBER 18, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.nn. on the 18th day of September 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilrnernber 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 Friendship Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcennent of upcoming civic events and activities The mayor announced a Movie on the Fairway event, and The Colony Health and Fitness Fair for October. Councilmember Terre announced a groundbreaking for a new wedding chapel to be held on September 19"'. 2.0 CONSENT AGENDA j 2.1 Consider approving minutes of council meetings held September 4, 2012 [WS Mikulec; Boyerl (City Secretary) 2.2 Consider approving a resolution authorizing the city manager to execute a contract with the Texas State Library and Archives Commission to accept an impact grant to support an Early Childhood Literacy Outreach Project (Library, Sveinsson) 2.3 Consider approving an ordinance amending the Code of Ordinances, Chapter 12, Article VI, Section 12-118 entitled "Offenses Against the Water System" by adding a new subsection (c)(22) to prohibit persons from knowingly allowing the initiation or restoration of water service to property after termination of services without the written consent of the city manager; and, Section 12-103 entitled "Utility Connections" by adding a new i These items are strictly 1)ublic service announcements. No action will be taken and no direction will be given regarding these items. 1 September 18, 2012 subsection (A)(2)(e) authorizing the removal of water and sewer meters upon removal of structures from the property (Utility Admin, Owczar) 2.5 Consider approving the purchase of replacement equipment from Community Development Corporation funds for use at the Five Star Complex (PARD, Nelson) 2.6 Consider approving a resolution authorizing the city manager to execute an agreement between the City of The Colony and the Texas Department of Transportation concerning the maintenance of drainage facilities on Memorial 121 Land, LTD. property, located at Blair Oaks and S.H. 121 (Engineering, Scruggs) Motion to approve- Marks; second by Connelly; motion passed with all ayes. Councilmember Marks requested separate discussion on item 2.4. 2.4 Consider approving an ordinance amending Section 19-13, Truck Routes, of Chapter 19, Traffic, of the Code of Ordinances to add Plano Parkway and Windhaven Parkway as a designated truck route throughout all points within the City Limits of the City of The Colony (Development Services, Joyce) COuncilmember Marks asked whether the Plano portion of Windhaven is designated as a truck route. Mr. Joyce stated it is not. Motion to approve- Schrag; second by Connelly; motion passed with all ayes except for Marks who voted no. Councilmember Connelly asked City Manager Powell to contact the city of Plano to discuss Windhaven as a truck route. Mr. Joyce added that the Lewisville portion of the road is a designated truck route. 3.0 REGULAR AGENDA ITEMS 3.1 Receive presentation, discuss and consider all matters incident and related to the issuance and sale of City of The Colony, Texas General Obligation Refunding Bonds, Series 2012A, including the adoption of an ordinance authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds and delegating certain matters to an authorized official of the City (General Admin, Miller) Boyd London of First Southwest Financial Advisors explained how a parameters ordinance works. He added that if approved it will be effective for six months and should result in a savings of approximately 4.5%. Tim Miller added that this savings is not reflected in the 2012-13 budget but will be beginning with the next budget (2013-14). 3.2 Conduct a public hearing, discuss and consider a zoning change from a Business Park (BP) zoning district to a Planned Development (PD-27) zoning district on a tract of land totaling approximately 12.88 acres, generally located at the southeast corner of Blair Oaks Drive and Memorial Drive; providing the permissible uses and development standards thereof (Development Services, Joyce) 2 September 18, 2012 Mike Joyce explained this request is to change the zoning on the property from Business Park to Planned Development 27 to accommodate a new business, Top Golf. The BP zoning does not allow for outdoor recreation. He reviewed the location and conceptual site plan. Planning and Zoning Commission recommends approval. The public hearing was opened and closed at 7:21 p.m. with no one wishing to speak. Motion to approve- Boyer; second by Terre; motion passed with all ayes. 3.3 Conduct a public hearing, discuss, and consider revisions to Section 10-100, Use of Land and Buildings of Appendix A, Zoning Ordinance, specifically the use, "Eating place with beer, wine and liquor" to: 1) Allow by right in the Office (0-1 and 0-2), Shopping Center (SC), General Retail (GR), Commercial (LC and HC), Industrial (I), and Business Park (BP) zoning districts in lieu of an approval of a Specific Use Permit (SUP); and, 2) Not allow this use in the Multiple Family (M-1, M-2, M-3, and M-4) zoning districts (Development Services, Joyce) Mike Joyce explained that this item is to correct an inconsistency within the Code of Ordinances regarding restaurants that sell alcohol. This amendment will change the Schedule of Uses to exclude restaurants from the specific use permit requirement, and also to not allow alcohol sales in multi-family districts. Planning and Zoning recommends approval. The public hearing was opened and closed at 7:25 p.m. with no one wishing to speak. Motion to approve- Schrag; second by Marks; motion passed with all ayes. Items 3.4 and 3.5 were discussed collectively. 3.4 Discuss and consider approving an ordinance adopting the City of The Colony budget for the fiscal year beginning October 1, 2012 through September 30, 2 013; providing for intra and inter-department fund transfers; providing for the investment of certain funds; providing that expenditures for said fiscal year to be made in accordance with said budget (Finance, Cranford) 3.5 Discuss and consider approving an ordinance adopting the City of The Colony tax rate of $.6805 per $100 valuation for fiscal year 2012-2013. Tax Rate is comprised of $.4607 M&O and $.219740 General Fund Debt Service (Finance, Cranford) Assistant City Manager Tim Miller the capital items that were included in the new budget, reviewed the number of fund balance days, and added that funds are included to continue with the street, sidewalk, and alley repairs. Mayor McCourry confirmed that if the tax rate was rounded down to $.68 there would be a reduction in the budget of $11,000-$12,000. Tim added that if they want to do that then adjustments will be made. September 18, 2012 Motion to approve the budget as presented [with an adjustment for the tax rate reduction to ,$.68]- Connelly; second by Schrag; motion passed with all ayes. Motion to adopt a ta: rate of $.68 in accordance with the adopted budget- Connelly; second by Marks; motion passed with all ayes. 3.6 Discuss and consider participation in The Colony Chamber of Commerce (Connelly) Councilmember Connelly stated that the Chamber would like the city to consider a membership or support from the city. [The city attorney provided a handout stating that the city cannot have a membership but could participate with the chamber for economic development or other public purposes.] Councilmember Connelly indicated that there is a certain individual who is a Chamber board member that he does not feel reflects positively on the city, therefore he has no interest in supporting their activities unless that situation changes. Mayor McCour-r-y and council members Marks and Terre spoke in general agreement. Councilmember Terre also expressed that he would like some solution so that, in particular, the businesses along Main Street would have more support during the widening of the roadway. 3.7 Discuss and consider approving a resolution accepting a petition for the creation of a public improvement district, authorizing the publication of notice and mailed notices, and scheduling a public hearing for the creation of a public improvement district (City Attorney) City Attorney Jeff Moore explained this item is for the Nebraska Furniture Mart project, and provided a brief explanation of the process and purpose. He stated the proposed public hearing date is October 8"', and any final action will be in November. Mayor McCourry stated that since there is an executive session item on this same subject that council will adjourn to executive session to discuss this further and any action on this item will be following executive session is completed. Executive Session was convened at 7:50 .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 a Marine Quest lease agreement and development agreement. B. 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 from City Attorney concerning public improvement districts, and to deliberate the offer of a financial or other incentive to a business prospect with the creation of a public improvement district. C. 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 4 September 18, 2012 prospect(s) and to deliberate the offer of a financial or other incentive to a business prospect(s). D. 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. E. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.087 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney and discuss provision of economic development incentive regarding infrastructure improvements for the Tribute area. F. 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. G. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.074 of the TEXAS GOVERNMENT CODE to receive legal advice from City Attorney, and to deliberate the evaluation, reassignment, dismissal or duties of Planning and Zoning Commission board members. Reconvened to Open Session at 10:10 p.m. Action on 3.7: Motion to approve a resolution ordering a public hearing for October 8, 2012 at 6:30 p. in. to consider the creation of a public improvement district- Boyer; second by Connelly; motion passed with the following vote: Ayes- McCourry, Mikulec, Boyer, Connelly, Terre /Marks and Schrag were absent./rom the dais during this vote.] 4.2 A. Any action as a result of executive session regarding a Marine Quest lease agreement and development agreement. No action. B. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect with the creation of a public improvement district. No action. C. 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. D. Any action as a result of executive session regarding city personnel matters. 5 September 18, 2012 No action. E. Any action as a result of executive session regarding economic development incentive regarding infrastructure improvements for the Tribute area. No action. F. Any action as a result of executive session regarding litigation between KCK Utility Construction, Inc. and the City of The Colony. No action. G. Any action as a result of executive session regarding the evaluation, reassignment, dismissal or duties of Planning and Zoning Commission board members. No action. .And with no further business to discuss the meeting was adjourned at 10:12 p.m. APPROVED: rilty McCou y, Mayor of The Colony ATTEST: Christie Wilson, TRMC City Secretary 6