The URL can be used to link to this page

Home My WebLink About12/04/2012 City Council December 4, 20 12 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 4, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:06 p.m. on the 4th day of December 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Nlikulec Councilmember Present Richard Boyer Councilmember Present ,lel'I'Connelly COUnCilnlenlber Absent David Terre COrnlcillllember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Tern Present (7:17 pm) And with live council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AN'D PROCLAMATIONS: Call to Order Invocation I-lorlZOns Church Pledge ot'Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Crohn's and Colitis Awareness Week presented to Jacqueline Leach, Crohn's and Colitis Foundation. Citizen huput- none Announcement of upcoming, civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Councilmember Terre expressed that the Christmas kick-off event (last Saturday) was a great event and thanked staff. Mayor McCourry announced a Toy Run scheduled for December 9"'. He also stated Councilmember Connelly is out on business. 2.0 CONSENT AGENDA 2.1 Consider approving a resolution authorizing the city manager to issue a purchase order for the purchase of police patrol vehicle video camera equipment upgrade (Police, Chandler) 2.2 Consider approving a resolution appointing Allen Harris to fill a vacancy as representative, and Joseph Perez as alternate representative, to the Denton County Transportation Authority for the term ending November 12, 2013 (Council) 2.3 Consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement for Eire Protection Service with Denton County (Fire, "Thompson) i Thew items are strictly public service announcements. No action will be taken and no direction wilt be given regarding these items. 1 December 4, 20 1) 2.4 Consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement for Ambulance Service with Denton County (Fire, Thompson) 2.5 Consider approving an ordinance amending the municipal budget for fiscal year 2012-2013 to fund radio communications antenna equipment (Gen Admin, Miller) Motion to approve above consent agenda items- Marks; second by Boyer; motion passed tivith all ayes. Councilmember Terre requested separate discussion on 2.6. 2.6 Consider approving a resolution awarding bid and authorizing the city manager to execute a janitorial contract for city facilities with Service Master Cleaning by Eagle Maintenance effective January 1, 2013 (Facilities/Enviro►urneutal, Gilman) Councilmember Terre asked Terry Gilman asked why this company was selected over another company with a lower bid. Terry said the other company did not understand the level of cleaning that the city needs for all its buildings and that the quality of work would not justify the lower cost. %11otion to approve- Terre; second by Marks; anotion passed with all ayes. 3.0 REGULAR AGENDA ITEiVIS 3.1 Discuss and consider approving a resolution accepting a preliminary service and assessment plan, proposed assessment roll, and a proposed reimbursement agreement for the City of The Colony Public Improvement District No. 1, ordering a public hearing to consider an ordinance levying an assessment on property located within the City of The Colony Public Improvement District No. 1, and authorizing the publication of notice and mailed notices for said hearing (City Attorney) City Attorney Jeff Moore said that this item is not ready for discussion. He said the Attorney General's office is reviewing the plan and the expectation is that it will be ready next week. 3.2 Discuss and consider a request from Hawaiian Falls for a deferred payment plan for their 2012 lease payment (PARD, Dave Busch) Mr. Dave Busch of Hawaiian Falls asked for a payment plan because attendance for this season was overestimated, and with all expenses combined they are not able to pay the full amount at one time. He said that $75,000 has already been paid. Councilmember Mikulec requested an executive session at 7:30 p.m. Open session was reconvened at 7:55 p.m. The mayor told Mr. Busch that the council would like more time to assess the request and told him this will be postponed to look at options. jVotion to table until January 15"'- Marks; second by Mikulee; motion passed with all ayes. 2 December 4, 201 2 3.3 First reading and discuss an ordinance amending the Code of Ordinances, Chapter 6, Article XI, by adding a new Section 6-196 entitled "Lighting and Glare Standards (Gen Adnin, Perez) Joe Perez told the Council that currently there are no regulations for residential lighting in the Code of Ordinances and this ordinance was prompted by a resident with a situation of lighting extending into his yard from a neighbor's yard. There was a brief discussion regarding the exceptions stated in the proposed ordinance. 3.4 Discuss and consider approving a resolution authorizing the mayor to execute an Encroachment License Agreement with The Neighborhoods of Austin Ranch Association, Inc. for monument signage in the Windhaven Parkway right-of-way (Engineering, Scruggs) City Engineer Gordon Scruggs told the council that this agreement would allow one of the two existing monument signs to be moved to another location in the same neighborhood. 'The relocating of the sign would take place within 24 months. 111otiou to approve- Schra(i~; second ky Marks; motion passed with all ayes. 3.5 Discuss and consider approving a resolution authorizing the mayor to execute an Interlocal Coorperation Agreement with the city of Frisco for maintenance of the Burlington Northern Santa Fe (BNSF) Memorial Drive Underpass (Engineering, Scruggs) Gordon Scruggs told the council that the new railroad bridge/underpass at Memorial Drive is actually in Frisco city limits but based on the original agreement with Frisco The Colony will take responsibility for the maintenance. The projected maintenance costs are $2,600 per year for insurance, $5k to $10k per year for general maintenance (after a 2 year maintenance bond) for 10-30 years. At 30 years it is expected that more significant repairs could be required. if approved, the agreement will be presented to the city of Frisco in two weeks. Motion to approve- Boyer; second by Mikulee; motion passed with all ayes. 3.6 Discuss and consider approving a resolution authorizing the mayor to execute an Underpass Agreement with Burlington Northern Santa Fe (BNSF) Railroad and the city of Frisco for the construction and maintenance of the Memorial Drive Underpass (Engineering, Scruggs) This is an agreement for construction of the bridge, and since it is in Frisco it will be a three-way agreement. He reviewed the terms of the agreement that include that Frisco will own the bridge, BNSF will own and maintain the railroad track, and The Colony will maintain the bridge and carry the liability insurance. He asked for approval with the stipulation that if revisions are deemed necessary that those be allowed. 3 December 4, 2012 Motion to approve subject to anj, revisions deemed necessary by the city attorney, city manager and city staff; Terre; second by Mikulec; motion passed with all ayes. 3.7 Discuss and consider making appointments to the Local Development Corporation Board of Directors for terms expiring December 2012 (Council) Motion to reappoint all current members [with expiring termsj- Marks; second by Terre; motion passed with all ayes. 3.8 Discuss and consider making appointments to Tax Increment Reinvestment Zone No. 1 Board of Directors for terms expiring December 2012 (Council) Motion to reappoint all current members [with expiring termsj- Marks; second by Terre; motion passed with all ayes. 3.9 Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of Directors to serve as Chairman for a one-yeas- term (Council) Motion to appoint Joe McCourr-r- Terre; second by Marks; motion passed with all ayes. 3.10 Discuss and consider appointing a member of the Local Development Corporation Board of Directors to serve as Chairperson/President (Council) Motion to appoint Joe McCourry- Mikulec; second by Boyer; motion passed with all ayes. 3.11 Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 2, Article II entitled Boards and Commissions, Division 1. Generally, Sections 2-203 Meetings, 2-204 Attendance, and 2-207 Presiding Officers (Mayor) Mayor McCourry explained the proposed changes. City Attorney Jeff Moore that some of the provisions in the ordinance would not apply to the LDC and TIRZ boards. Mayor McCourry asked him to prepare language for a firture revision that would clarify this. Motion to approve- Boyer; second by Marks; motion passed with all ayes. Executive Session was convened at 8:42 Imn. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEyAs 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 Sections 551.087 and 551.071 of the TEXAS GOVERNMENT CODE to deliberate 4 December 4, 20 12 commercial or financial information the City has received from a business prospect, and to deliberate the offer of a Financial or other incentive to a business prospect, and to receive legal advice regarding the same - The Tribute. C. Council shall convene into a closed executive session pursuant to Sections 551.087 and 551.071 of the TEXAS GOVERNMENT CODE to deliberate commercial or financial information the city has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect, and to receive legal advice regarding the same - Nebraska Furniture Nlart project. D. Council sliall convene into a closed executive session pursuant to Section 551.071 of the TByAs GOVERNMENT CODE to seek legal advice from the city attorney regarding a IMarine Quest contract amendment. Reconvened to Open Session at 10:23 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 the offer of a financial or other incentive to a business prospect, and to receive legal advice regarding the same - The Tribute. No action. C. Any action as a result of executive session regarding the offer of a financial or otlier incentive to a business prospect, and to receive legal advice regarding the same - Nebraska Furniture Mart project. No action. D. Any action as a result of executive session regarding the receipt of legal advice from the city attorney regarding a tMarine Quest contract amendment. No action. And with no ftu-ther business to discuss the meeting was adjourned at 10:25 p.m. APPROVED: J& MC61,1, ry, Mayor City of Thy Colony ATS Christie Wilson, TRMC City Secretary 5