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Home My WebLink About01/15/2013 City Council January 15, 2013 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JANUARY 15, 2013 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 January 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kink Mikutec Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Present David Terre CoUnClhnembel- Present Perry Schrag Councilmember Present .Joel Marks Mayor Pro-Ter Present (7:20 p.m.) And with six 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 Recognize Fallen Soldier Sgt. Enrique MondraM -Mayor McCourry read a proclamation to Katie Mondragon, wife of Enrique. He also read a resolution draft being prepared by Representative Pat Fallon's office that will be delivered to her at a later date. Presentation fi-om the Six Skulls Motorcycle Club- Representatives from this group presented plaques to the city and to Mayor McCourry for support and participation in the annual Toy Run. Citizen [nput- none Announcement of upcoming civic events and activities Parks & Recreation update. Councilmember David Terre recognized Kevitl and Kathy Braby for their efforts in organizing The Colony Christmas Light Spectacular. Mayor McCourry said item 2.5 is being pulled from the agenda. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of city council meetings held November 20, December 4 (Connelly, Marks) and December 11, (Boyer) 2012 (City Secretary) 2.2 Consider approving city council expenditures for October and November 2012 (Council) i These items are sn-ictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 January 15, 2013 2.3 Consider approving an ordinance amending the Code of Ordinances, Chapter 2, Section 2.4 regarding when the Mayor Pro Tern and Deputy Mayor Pro Tem shall be elected due to November council elections (Council) 2.4 Consider approving a resolution adopting an amended Cultural Arts Master Plan (General Admin, Shallenburger) 2.5 Consider approving a resolution adopting a Mobile Concert Stage Rental Policy (PARR, Swain) 2.6 Consider approving a resolution adopting a Sponsorship Policy (PARD, Swain) 2.8 Consider approving a resolution adopting a Practice Field Refund, Cancellation and Change Policy, and a resolution amending the Master Fee Schedule to include related fees (PARR, Swain) 29 Consider ratifying an executed Memorandum of Understanding with the Denton County Sheriff's Department transferring funds from the county's drug seizure account for the purchase of equipment for the city's Special Response Team and authorize that expenditure (Police, Chandler) 2.10 Consider approving a resolution establishing criteria that will serve as the framework to guide the city in evaluating and measuring proposed city council single-member redistricting plans (Boyer) 2.11 Second reading and consider approving an ordinance amending the Code of Ordinances, Chapter 6, Article IX, by adding Section 6-196 "Lighting and Glare Standards" (General Admin, Perez) Motion to approve above consent agenda items- Connelly; second by Schrag; motion passed with all ayes. Councilmember Mikulec requested separate discussion on this item. 2.7 Consider approving a resolution adopting an amended Athletic Facility Usage Policy (PARD, Swain) Councilmember Mikulec asked David Swain whether the city still restricts metal spikes on the ball fields. He replied yes, that metal spikes create a considerable amount of maintenance for staff. Mr. Mikulec said the restriction could impact tournaments being scheduled that involve 14-15 year olds. Mr. Swain said the tournaments usually involve younger players. Motion to approve- Mikulec; second by Schrag; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider an ordinance levying the public improvement assessment on properties located within the City of The Colony Public Improvement District No. 1, approving the final service and assessment plan for the City of The Colony Public Improvement District No. 1, and approving and authorizing the execution of the reimbursement agreement for the City of The Colony Public Improvement District No. 1 (City Attorney) At 7:30 p.m. Mayor McCourry requested an executive session on this item. Open session reconvened at 7:47 p.m. City attorney Jeff Moore reviewed the history on this item. He added that a public hearing was advertised so he asked the mayor to 2 January 15. 2013 Open the public hearing and take any comments the public may have. Then, he asked that the public hearing be continued until February 7t", 2013. He asked that the council not take any action on the ordinance so that could happen on the same day as the bonds will be issued (Feb. 7). The public hearing was opened at 7:50 p.m. with no one wishing to speak. Motion to continue the public hearing to Febrrtaf y 71h and to postpone action on. 3.1 until that date as well- Connelly; second by Marks; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider an ordinance amending the Code of Ordinances, Appendix D, Comprehensive Plan, Master Thoroughfare Plan, modifying thoroughfares located within Planned Development 25 (PD 25) (Development Services, Joyce) Development Services Director Mike Joyce explained that this amendment will better serve the Nebraska Furniture Mart property. He reviewed the proposed amended plan and right-of-way. The Planning and Zoning Commission and Development Review Committee recommended approval. The public hearing was opened and closed at 7:55 p.m. with no one wishing to speak. COllncllmember Boyer asked about a roadway being 6 lanes rather than 4, and whether the nearby Plano residents had been notified. It was noted that the roadway nearest the Plano residents will remain with 4 lanes. Jeff Moore said all notifications were conducted according to state law. Motion to approve- Terre; second by Marks; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider an ordinance amending the Code of Ordinances, Appendix A Zoning, Section l0A "Gateway Overlay District", by rescinding the current regulations and replacing them in their entirety with new regulations (Development Services, Joyce) Mayor McCourry opened the public hearing at 7:59 p.m. with no one wishing to speak. He asked that it be continued until February 19'x' in order to have a work session on February 5"' on this item. Motion to continue the public hearing until February 19'x' and to have a work session on February 5"`- Scln-a, ; second by Connelhv; motion passed with all ayes. 3.4 Discuss and consider approving a resolution awarding a bid for the construction of the Tribute Shoreline Nature Trail with funding provided by a grant from Texas Parks and Wildlife and the Tribute Partners (Community Development, Nelson) Community Services Director Pam Nelson advised the council that this contract is being funding by a Texas Parks and Wildlife grant for $200,000 and the remainder is being funding by the Tribute Partners. She showed an aerial map of the proposed location including the proposed alternate route. The base bid is 5507,000 and the alternate is $131,000. The fluids will be placed in an escrow account with the city. This item is to approve the construction contract with CPS Civil. There is a two-year warranty period provided by the contractor and after 3 January 15, 2013 that the city can expect maintenance costs of approximately $20,000 per year. This project is included in the Trail Master Plan. The groundbreaking is scheduled for January 24, 2013. 1111otion to approve the base bid and alternate as presented- Boyer; second by Mikulec; motion passed with all ayes. Executive Session began at 8: t5 .m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GovERNNIENT 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 a Hawaiian Falls contract amendment. Council reconvened open session at 8:57 p.m. to take action on item B. Executive session was reconvened at 8:58 p.m. 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 - The Tribute. D. 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). E. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GoVERNIIIENT CODE to seek legal advice from the city attorney regarding city charter provisions concerning establishing, abolishing, re-designating and/or combining departments, offices or agencies. No action. Reconvened to Open Session at 10:50 p.m. 4.2 A. Any action as a result of executive session regarding a Marine Quest contract amendment. No action. B. Any action as a result of executive session regarding a Hawaiian Falls contract amendment. 8:57 p.m. Motion to approve the Hawaiian Falls contract amendment as presented- Schrab; second by Connelly; motion passed with all ayes. 4 January 15, 20 13 C. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect regarding the Tribute. No action. D. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect(s). 10:51 p.m. Motion to approve the twecution of a Chapter 380 Agreement, Type A Performance Agreement, and Type B Performance Agreement )vith Top Golf as presented- Brger second by Schrag; motion passed with all ayes except for Marks who fvas absent from the dais. E. Any action as a result of executive session regarding city charter provisions concerning establishing, abolishing, re-designating and/or combining departments, offices or agencies. No action. And with no further business to discuss the meeting was adjourned at 10:52 p.m. APPROVED: Joe McCourry, Mayor City of Th!e Colony j ATTEST: Christie Wilson, TRMC Orr ;y City Secretary ' TE X A5 5