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Home My WebLink About03/05/2013 City Council March 5, 2013 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 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 March 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCom-ty Mayor Present Kirk Mikulec Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Tern Present (7:40) 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 - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognize Student Leadership Program Participants Mayor McCourry presented participation certificates to students from Lakeview and Griffin middle schools. Presentation of the Convention and Visitors Bureau Marketing Video Communication Director presented a video recently created by Steve Miller to promote The Colony. Citizen Input None Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. First public meeting to view the Council redistricting maps will be on March 7t1', 7 pan. at City Hall. Mayor McCourry announced board vacancies. He also advised Councilmember Marks is out on a family matter. 2.0 CONSENT AGENDA 2.1 Consider approving council expenditures for January 2013 (Council) 2.2 Consider approving a resolution adopting an amended Investment Policy (Finance, Cranford) 2.3 Consider approving a resolution requesting the 83rd Texas State Legislature to maximize the use of revenue from the sporting goods sales tax to support i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 March 5, 2013 local grant opportunities and state park operations; and that all TRPA funded projects be subject to the established TPWD competitive scoring system (PARD, Nelson) Motion to approve- Connelly; second by Mikulec; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider authorizing use of Community Development Corporation funds to be used for the creation of murals for the Stewart Creek Park dumpster enclosures (PARD, Nelson) Pam Nelson showed photos of the recently constructed dumpster/port o let enclosures at Stewart Creek Park. She said this item is to fund murals on the enclosures. The plan is to contract with a professional mural artist who will work with art students from the high school and middle schools to create lake related themes. Pam said the Community Development Corporation Board agreed to fund $7,500 on the project. The plan is to complete the murals before the end of the school year. Council asked to see renditions of the murals prior to work being started. Motion to approve- Connelly; second by Terre; motion passed with all ayes. 3.2 Discuss and consider a request from The Colony Roadrunners for in-kind sponsorship of The Colony Half marathon on October 12, 2013 by waiving fees associated with use of city equipment and Stewart Creek Park, and consider waiving associated costs of required personnel (PARD, Nelson) Pam Nelson introduced Greg Tonian who is president of The Colony Roadrunners Club. Mr. Tonian explained the projects their club are involved with and said they would like to make this half-marathon an annual event. It will be held October 12t" and will use the Shoreline Trail and some city streets. He requested the city waive the fees associated with the event. Discussion of the stage use and staff needed for the event followed. Motion to waive the fees for the park, the stage and personnel for the stage- Boyer; second by Mikulec; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider approving a Development Plan for Nebraska Furniture Mart of Texas, existing of approximately 107.57 acres located on the southeast corner of the Sam Rayburn Tollway (S.H. 121) and Plano Parkway (Development Services, Joyce) Mike Joyce reviewed the parking, which exceeds requirements, and Grandscape thoroughfares for the retail furniture store and warehouse. He said the landscape plan is pending. Planning and Zoning recommended approval. The public hearing was opened and closed at 7:55 p.m. with no one wishing to speak. Motion to approve as presented- Terre; second by Marks; motion passed with all ayes. 2 March 5, 2013 3.4 Conduct a public hearing, discuss and consider approving a special exception to the Architectural Standards of the Gateway Overlay District for the use of stucco as an alternate exterior material for Burger King, located at 3700 Main Street (F.M. 423) (Development Services, Joyce) Mike Joyce explained that the interior of the building has been remodeled and this is request is to use stucco on the exterior. Planning and Zoning recommended approval. The public hearing was opened and closed at 7:58 p.m. with no one wishing to speak. Motion to approve- Ter•r°e; second by Connelly; motion passed with all ayes. 3.5 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a contract for electrical work related to the completion of the Well No. 4 Phase II Project (Utilities/Public Works, Groeschel) Evan Groeschel explained this bid is for the electrical work for lighting and other electrical work to finish the project at Well No. 4. The engineering firm for the project reviewed the bids received and recommends H&H Electrical Contractors in the amount of $132,605.00. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. 3.6 Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 2, Article II, entitled "Boards and Commissions, by amending Section 2-202 "Eligibility Requirements", Section 2-206 "Terms", Section 2-207 "Presiding Officers", Section 2-210 "Authority", and repealing Sections 2-231 to 2-233 "Cultural Arts Board" (Council) Mayor McCourry explained that several of the amendments are due to the Local Development Corporation and the Tax Increment Reinvestment Zone boards having different criteria as to eligibility [from advisory board members]. He also said the Cultural Arts Board is being [dissolved.] Motion to approve- Connelly; second by Boyer; The Mayor went on to say the board's current and future projects will be handled by the city manager's office. Motion passed with all ayes. Executive Session was convened at 8:14 p.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 contract amendment. 3 March 5, 2013 [Recess 8:45 p.m. - 8:58 p.m. At 9:05 p.m. returned to open session to take action on 4.2A. At 9:10 p.m. the Executive Session was reconvened to address 4.1B.] B. 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). Reconvene to Open Session 4.2 A. Any action as a result of executive session regarding a Marine Quest contract amendment. 9:05 p.m. Motion to approve the resolution authorizing the execution of the Letter Agreement for Further Development of Hidden Cove Park subject to the following revisions: Section IV. D. insertion of "under the circumstances" after "reasonable opportunity" in two places; Section HL B. 4. Clarifying a total of 520 dry storage spaces; and, Section III. B. 5. Clarifying the 124 covered dry storages spaces are included ill the 520 dry storage spaces total. Motion by Terre; second by Marks; motion passed with the following vote: Ayes- McCourry, Mikulec, Terre, Marks Nos- Boyer, Connelly, Schrag B. 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. And with no further business to discuss the meeting was adjourned at 9:55 p.m. APPROVED: li' v ~ ~T6e McCouiy, Mayor / City of The( ATTEST: V~;•'O Christie Wilson, TRMC Th x p~ City Secretary 4