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Home My WebLink About02/19/2013 City Council February 19, 2013 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 19, 2013 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:07 p.m. on the 19th day of February 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe Mccour y Mayor Present Kirk Mikulec Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Absent David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Tem Present And with six council members present a quorum was established and the following items were addressed: LO 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 Recognize the Lakeview Middle School City Tour Students - Postponed Citizen Input- none Announcement of upcoming civic events and activities I- Parks and Recreation Update 2.0 CONSENT AGENDA Item 2.5 was pulled from the consent agenda and not addressed. 2.5 Consider approving a resolution adopting an amended Investment Policy (Finance, Cranford) 2.1 Consider approval of minutes of council meetings held February 5 (Marks WS, Boyer] and February 7, 2013 (City Secretary) 2.2 Consider approving a request from the American Cancer Society for the city to sponsor the Relay for Life event on May 3-4, 2013 by waiving fees and allowing the use of the mobile stage and the Five Star Complex, and granting an exception to the noise ordinance (PARD, Swain) 2.3 Consider accepting Raymond Ray's resignation from the Community Image Advisory Board (Council) 2.4 Consider approving a resolution authorizing the city manager to execute an Advance Funding Agreement for a project using funds held in the State Highway 121 Subaccount with the Texas Department of Transportation i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 February 19, 2013 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 (S.H. 121). This is a format change to an agreement previously approved on February 5, 2013. (Engineering, Scruggs) 2.6 Consider approving a resolution amending the 2012-13 Master Fee Schedule to include rental fees for city facility located at 6303 Main Street (General Administration, Shallenburger) Motion to approve all except 2.5- Schrag; second by Marks; Mayor McCourry called citizen Christi Martin to speak on 2.2 and 2.6. She said she is in favor of the Relay for Life event and asked why other groups are not given similar consideration. Regarding 2.6, she would like to see a fair and consistent use policy for meeting space for non-profit organizations. Motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider a grant request from The Colony High School JROTC for expenses related to the Skills Meet competition scheduled for February 23, 2013 and approve a budget amendment ordinance (General Administration, Shallenburger) Brant Shallenburger explained that this grant fund request is from the American Legion, the JROTC, and the JROTC Booster Club for $2,000. This annual event hosts approximately 25 schools and the funds requested will help with trophies and the cost of food for the volunteers working the event. It was noted that The Colony High School students will not be participating. Motion to approve- Marks; second by Mikulec; (notion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider approving an ordinance readopting Chapter 13, Article III, Sections 13-31 through 13-37 of the Code of Ordinances regarding Curfew Hours for Minors (Police, Chandler) Assistant Chief Chris Chandler reviewed the law requiring the curfew ordinance be readopted every 3 years. He said the current ordinance provides the tools that the officers need to enforce curfew violations. The public hearing was opened and closed at 7:30 with no one wishing to speak. Motion to approve- Terre; second by Marks; Councilmember Schrag asked how many of the total curfew violators are repeat offenders. Asst. Chief Chandler did not have that information but did say that the number of violations have declined over the past 6 years. Motion passed with all ayes. 2 February 19, 2013 3.3 Receive presentation and recommendations from the Redistricting Committee, select maps for consideration, and consider authorizing public input dates and locations (Council, Boyer) As chair of the Redistricting Committee, Councilmember Boyer gave an overview of the redistricting process, including the proposed timeline for completion of the project. Based on populations in each council district it was detennined that the lines need to be redrawn. The committee recommended three maps to consider, with one being the most desirable to the committee. The council was asked to select up to three maps for future consideration. The consensus was to present all three sample maps for consideration. March 7"' and optional dates for a second meeting were discussed to present the maps to the residents, giving them the opportunity to view them more closely and provide input for council to consider. Council is expected to vote on a final selection in April. 3.4 Continue a public hearing and discuss an ordinance amending the Code of Ordinances, Appendix A Zoning, Section 10A "Gateway Overlay District", by rescinding the current regulations and replacing them in their entirety with new regulations (Development Services, Joyce) Mike Joyce requested that the public hearing on this matter be continued until March 19, 2013. City Attorney Jeff Moore advised that if this is done then the public hearing doesn't have to be opened tonight. Motion to continue the public hearing until March 19t1'- Marks; second by Schr•ag; motion passed with all ayes. 3.5 Discuss and consider approving a resolution authorizing the city manager to execute a contract with Nortex Concrete Lift & Stabilization, Inc. for pavement jacking in the Tribute and other parts of the city, with pricing available through an Interlocal Cooperative Purchasing Agreement with the city of Grand Prairie (Engineering, Scruggs) City Engineer Gordon Scruggs reviewed this item, adding that the funds are coming from a law suit settlement for the Tribute streets, and the remaining expenditures will be from the Public Works budget for other street repairs. The total request for approval is $220,000, which includes previous expenditures of $46,000. Motion to approve- Terre; second by Boyer; motion passed with all ayes. 3.6 Discuss and consider approving a resolution authorizing the city manager to execute an amendment to the Agreement for Professional Services with Halff Associates for engineering development plan review assistance (Engineering, Scruggs) Gordon explained that the city needs to extend its current contract with Halff Associates to assist with review of development plans. The open engineering position should be filled within the next few months and this amendment will cover until then. 3 February 19, 2013 Motion to approve- Schrag; second by Marks; motion passed with all ayes. 3.7 Discuss and consider approving a resolution authorizing the mayor to execute a Letter Agreement for Further Development of Hidden Cove Park (Marine Quest) (City Attorney) City Attorney Jeff Moore said he has been working with the attorney for Plains Capital Bank on this agreement so they can provide additional funding to Marine Quest. He reviewed some revisions that occurred after the meeting packet came out. At 8:25 the Executive Session Item 4.1A was convened to discuss this matter with the attorney. At 9.20 council reconvened open session and took no action on 3.7 or 4.2A. (Recess 9:22-9:37) Executive Session was reconvened at 9:38 to address 4.1B. 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 contract amendment. B. Council shall convene into closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters, to wit: city secretary annual evaluation. Reconvened to Open Session at 10:19 to address Item 4.2B. 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 the city secretary annual evaluation. Motion to approve a contract amendment based on the terms as discussed in executive session- Boyer; second by Mikulec; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 10:20 p.m. APPROVED: Joe MCC ,City of ot ATTEST: I`L.,. Christie Wilson, TRMCT X 1~') City Secretary 4