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HomeMy WebLinkAbout02/05/2013 City Council February 5, 2013 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 5, 2013 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 5th day of February 2013, 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 Absent Jeff Connelly Councihl-iember Present David Terre Councilmember Present Perry Schrag COLrllCllmember Present Joel Marks Mayor Pro-Tern Present 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 - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation from Top Golf- Top Golf representatives presented city council members with gold shovels representing the official groundbreaking that recently occurred for their new location in The Colony. Proclamation- Recognition of Denton County Constable's Office - Mayor McCourry presented a plaque and proclamation to the Constables in appreciation for their service in the city. Recognition of The Colony High School Cheerleaders- Mayor McCourry recognized the cheerleaders for winning the Texas State Championship. Recognition of Deep The Colony Beautiful Volunteers- Joe Perez recognized the Lakeway Family Church Men's Group for their participation in various projects in 2012. He also provided an overview of the projects and related budgets, recognizing all those who participated with helping some citizens bring their residences into compliance with the city's codes. City Manager Powell thanked Mr. Perez for his efforts on this project. Citizen Input- none Announcement of upcoming civic events and activities l- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Mayor McCourry stated that Councilmember Boyer was out on business. These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. l February 5, 2013 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held January 15, 2013 [Marks, DVS] (City Secretary) Motion to approve above consent agenda item- Marks; second by Mikulec; motion passed with all ayes. Councilmember Marks requested separate discussion on 2.2. 2.2 Consider approving council expenditures for the month of December 2012 (Council) Councilmember Marks, as Mayor Pro-tem, advised that he does not use his city issued cell phone and said he will turn it in to avoid the monthly expense. Motion to approve- Marks; second by Connelly; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approving an exception to the noise ordinance for the Zen Austin Ranch, located at 6910 Windhaven Parkway for five dates in 2013 (General Admin, 11/filler) Tim Miller introduced Chris Claassen who requested an exception to the noise ordinance for five dates in 2013 in order for him to keep his business open with outside entertainment until 2 a.m. Motion to approve an exception until 2 a.m. on the five dates as requested- Schrag; second by Nlikulec; motion passed with all ayes. 3.2 Discuss and consider approving a resolution authorizing the city manager to execute a Local Transportation Project Advance Funding Agreement for a Regional Toll Revenue SH 121 Subaccount Program Project with the Texas Department of Transportation concerning the funding of the South Colony Boulevard Grade Separation, adjustment of ramps, and intersection improvements on South Colony Boulevard at the Sam Rayburn Tollway (SH 121) (Engineering, Scruggs) City Engineer Gordon Scruggs stated that a traffic study was conducted for this intersection and it was determined better access is warranted for the Nebraska Furniture property located south of S.H. 121. The agreement is for the city to design and construct the Grade Separation working with the North Texas Tollway Authority, Denton County, and the Texas Department of Transportation with 512,600,000 in Regional Toll Revenue and TxDOT contributing $4,138,680 in waived fees. City Manager Powell noted that approval of this agreement does lock in the city if circumstances change on the project. Gordon reviewed the total cost and future funding sources, saying the construction is expected to be complete in late 2014. City Manager Powell thanked Tod Maurina, Gordon and others involved in this project. 2 February 5, 2013 Motion to approve the Local Transportation. Project Advance Funding Agreement with the Texas Department of Transportation for $12,600,000 in Regional Toll Revenue funds and T.vDOT contributing $4,138,680 in waived fees for the South Colony Grade Separation at the Sam Rayburn Tollway- Schrag; second by Mikulec; motion passed with all ayes. 3.3 Discuss and provide direction regarding the city manager's role and focus while serving as the city's liaison to the Lewisville Independent School District Board (General Admin, Powell) City Manager Troy Powell told the council that lie and Joe Perez have been attending LISD board meetings and asked council if it meets with their approval for him to speak on the city's behalf if the situation presents itself. It was noted that there is not a member of the board front The Colony. A brief discussion followed encouraging Mr. Powell to continue his attendance at the meetings. Executive Session was convened at 8:25 p.m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Tres GOVr.RNINICN,r 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 and Section 551.087 of the TEAS GOVERNMENT CODE to seek legal advice from the city attorney and to deliberate regarding commercial or financial information the city has received from business prospects. C. Council shall convene into a closed executive session pursuant to Section 551.071 to seek legal advice from the city attorney and Section 551.074 of the TEyAs GOVERNMENT CODE regarding personnel matters, to wit: assistant city manager of administration employment contract. D. Council shall convene into closed executive session pursuant to Section 551.074 of the TrXAs GOVERNMENT CODE regarding personnel matters, to wit: city secretary annual evaluation. Reconvened Omen Session 10:27 p.m. 4.2 A. Any, action as a result of executive session regarding a Marine Quest contract amendment. B. Any action as a result of executive session regarding commercial or financial information the city has received from business prospects. C. Any action as a result of executive session regarding the assistant city manager of administration employment contract. D. Any action as a result of executive session regarding the city secretary annual evaluation. 3 February 5, 2013 And with no further business to discuss the meeting was adjourned at 10:28 p.nn. APPROVED: i Toe McCour~~y, Mayor j' City of The Colony .ATTEST: Christie Wilson, TRMC f, Z City Secretary TE X r• ; 4