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Home My WebLink About05/07/2013 City Council May 7, 2013 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 7, 2013 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.m. on the 7th day of May 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec COUrlcllmember Absent Richard Boyer Councilmember Present Jeff Connelly Councilmember Present 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: 100 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - David Terre Pledge of Allegiance to the United States Flag Sainte to the Texas Flag Recognize Camey Elementary Students for City Services Project- Students from Mrs, Bruce's third grade class recently completed a city services project that included designing logos for the various city departments. Recognize The Colony High School Wrestling Team for State Competition- Mayor McCourry recognized Coach Waymon May and four members of the team for placing 9t'' in state competition, as well as two members who placed 2nd and 3rd in their classes. Proclamations- Motorcycle Safety Month presented to Craig Westerhof; Building Safety Month presented to Mike Joyce; and, National Bike Month presented to Chris Forsythe. Presentation of CoServe Charitable Foundation Grant for Kids Colony 2- Dennis Lngleke of CoServe presented the city with a check for $15,000. Citizen Input- Vanessa Bailey requested the council review the current Animal Control ordinance regarding the keeping of fowl in the city limits and lessen the restrictions. Maria Willoughby thanked the city and those involved with the Volunteer Assistance Program for assistance she recently received on upkeep items at her home. Announcement of upcoming civic events and activities '-Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Kids Colony 2 Grand Opening May 10"'; Community These items are strictly public service announcements. No action will be taken and no direction will be given regarding these news. 1 May 7. 2013 Development Board announced that for the third year, the city has received the Playful City USA recognition. Councilmember Terre congratulated resident and CDC Board Member Don Beckel for completing the Boston Marathon. Mayor McCoun-y stated that Councilmember Mikulec is out ill. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held April 16, 2013 [Marks WS] (City Secretary) 2.2 Consider approving council expenditures for the month of March 2013 (Council) 2.5 Consider approving an ordinance amending the FY 2012-2013 Municipal Budget for the purchase of replacement fire rescue equipment and fire protective clothing, and to fund an Intern for plans review and new construction inspections (Fire, Thompson) 2.6 Consider approving a request for a rental fee waiver from the Carter Blood Institute for use of rental space at the Recreation Center to conduct a blood drive on May 25 (General Administration, Perez) 2.7 Consider approving a resolution awarding bid and authorizing the city manager to execute a janitorial contract for city facilities with Member's Building Maintenance, LLC effective June 3, 2013 (Facilities/Environmental, Gilman) Motion to approve above consent agenda items-Marks; second by Connelly; motion passed with all ayes. Mayor McCourry announced that items 2.3 and 2.4 are being removed from the consent agenda; 2.3 is no longer needed and 2.4 will be postponed to the next meeting. 2.3 Consider approving a special event fee waiver request from the Sons of the American Legion for their- annual BBQ Cook-off fundraiser to be held May 31 and June 1 (General Administration, Miller) 2.4 Consider approving an ordinance adopting Standards of Care for Kidz Kamp Day Camp Programs Policy for 2013 (PARD) 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider an ordinance approving a zoning change on a tract of land totaling approximately 7.22 acres, generally located on the west side of Paige Road and approximately 400 feet south of Memorial Drive, from Business Park (BP) zoning district to Light Commercial (LC) district (Development Services, Joyce) Mike Joyce reviewed this request including the current and requested zoning, and the location. In the site photos he identified a specific area on the property that is unbuildable and the area where the BP zoning will remain. The Planning and Zoning Commission recommended approval. The public hearing was opened and closed at 7:55 p.m. with no one wishing to speak. Motion to approve- Terre; second by Boyer; motion passed with all ayes. 3.2 Conduct a public hearing and discuss a zoning change on a tract of land totaling approximately 29.08 acres, generally located on the both sides of Waters Edge Drive and on the west side of Waters Edge Court, from an 2 May 7. 20 13 Agriculture (A) zoning district to a Planned Development zoning district (PD-26); providing the permissible uses and development standards thereof; and discuss whether to commence annexation proceedings concerning the annexation of Water's Edge Drive (Development Services, Joyce) Mike Joyce reviewed this request. He stated that though the city was not a party to any annexation discussion regarding the roadway leading up to the gated Waters Edge development (annexed in 2007), the homeowners association is now requesting the city do that and agree to maintain that portion of the roadway prior to finalization of PD-26. The estimated cost to maintain this portion of the roadway is $16,000 yearly. Mr. Joyce stated there is no decision needed tonight on PD-26 but is requested direction regarding proceeding with annexation of the road. The public hearing was opened and closed at 8:06 p.m. with no one wishing to speak. During discussions by council it was suggested that if the city were to agree to taking over the road, the Waters Edge HOA be approached about paying for an additional piece that would provide another access into the Eastvale area in exchange. Staff will discuss this with the HOA and bring this item back to council in the future. 3.3 Continue a public hearing from March 19, 2013, discuss and consider an ordinance revising Section 10A, "Gateway Overlay District Regulations," Appendix A, "Zoning" of the Code of Ordinances, by rescinding the current regulations and replacing them in their entirety with new regulations (Development Services, Joyce) Mike Joyce stated the purpose of these changes is to simplify the ordinance and enhance the strength of it. He reviewed the specifics that have been previously discussed with council. He then explained about Texas Smartscape, which is landscaping that is intended to conserve water and improve the quality of storm water nun-off. Drive through stacking requirements have also been adjusted. Planning and Zoning recommended approval. At 8:37 p.m. the public hearing was continued. It was closed at 8:45 p.m. Motion to approve- Terre; second by Marks; rraotion passed with all ayes. 3.4 Discuss and consider approving a resolution authorizing the city manager to execute a contract amendment with Bridgefarmer & Associates, Inc. for engineering services related to the Memorial-Spring Creek Connector Project (Engineering, Scruggs) Gordon Scruggs told the council that staff had previously authorized $43,259 for engineering services on this project. The proposed additional $130,944 will cover the additional engineering needed for the Memorial-Spring Creek Connector project for design changes needed for the TXI settlement and field observation and inspection of the bridge construction. Motion to approve-Connelly; second by Marks, aaaotion passed with all ayes. 3.5 Conduct a public hearing, discuss and consider adopting a revised city council single-member district map, and consider direction to staff regarding 3 May 2013 preparation an ordinance adopting the revised map for consideration at a subsequent city council meeting (Council, Boyer) Councilmember Boyer reviewed the three maps that council had authorized for public input, adding that as a result of that public input staff had prepared a fourth option. Map Sample 6 proved to be the overall choice of the council however several revisions to it were requested prior to bringing it back for final approval. The public hearing was opened and closed at 9:15 p.m. with no one wishing to speak. Motion to approve- Connelly; second by Schrag; motion passed with all ayes. 3.6 Discuss and consider approving a resolution authorizing city council members to serve on volunteer public safety organizations (Council, Schrag) Motion to approve- Connelly; second by Marks; motion passed with all ayes. 3.7 Discuss and consider approving a revised council resolution for conduct of city council meetings (Council, Mayor) Mayor McCourry discussed the proposed changes throughout the resolution. A major change is that the only "work sessions" are those meetings that occur prior to regular session council meetings at which citizen input will not be heard due to time constraints. Citizen input will continue to be available during regular and special sessions. Additional verbiage changes included a phrase being stricken whereby a citizen could request an item being "pulled" from a consent agenda for separate discussion and vote. Only the mayor a member of council has the authority to do this. Mayor McCourry advised he had received a public input farm from Christi Martin who did not wish to speak but wanted her position recorded. She stated in writing that she opposed citizens not being able to have items pulled from the consent agenda for ftu-ther discussion. Motion to approve as presented- Connelly; second by Marks; motion passed with all ayes. 4.0 WORK SESSION None Executive Session was convened at 10:02 .m. 5.0 EXECUTIVE SESSION 5.1 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 an Interlocal Agreement with the North Texas Tollway Authority concerning the South Colony Boulevard Extension at the Sam Rayburn Tollway. 4 May 7, 2013 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 city personnel matters. Reconvened to Oven Session at 12:02 a.m. on May 8, 2013 5.2 A. Any action as a result of executive session regarding an Interlocal Agreement with the North Texas Tollway Authority concerning the South Colony Boulevard Extension at the Sam Rayburn Tollway. Motion to approve an Laterlocal Agreement with the North Texas Tollway Authority concerning the South Colony Boulevard extension at the Sava Rayburn Tollway as presented, subject to revisions deemed necessary by bond counsel, city attorney, or city staff- Connelly; second by Schrag; motion passed with all ayes. B. Any action as a result of executive session regarding city personnel matters. No action. And with no further business to discuss the meeting was adjourned at 12:06 a.m. on May 8. 2013. APPROVED: Joe McCo-Liiry, Mayor Oity of The Colony i ATTEST: Christie Wilson, TRIMC City Secretary 5