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Home My WebLink About07/02/2013 City Council July 2. 2013 MINUTES OF CITY COUNCIL MEETING HELD ON JULY 2, 2013 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 2nd day of July, 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCout7y Mayor Present Kirk Mikulec Councihnember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Absent David Terre Councihnember Present Perry Schrag Councilmember 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 - Richard Boyer Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognize delegates from the All-America City trip- Mayor McCourty presented appreciation certificates to all those involved in this project. The Colony had been chosen in the top twenty finalists from around the country. Citizen Input- None Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Pam Nelson, Parks Director, announced parking arrangements for the Liberty by The Lake event as well as the schedule for the day. Councilmember Terre reminded every one of the reason we celebrate Independence Day. Mayor McCourry announced that Councilmember Connelly is out on business. j 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held June 18, 2013 (Connelly, Boyer) (City Secretary) 2.2 Consider approving council expenditures for May 2013 .(Council) Motion to approve- Schrag; second by Miludec; motion passed with all ayes. i These items are strictly Public service announcements. No action will be taken and no direction will be given regarding these items. 1 July 2, 2013 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider a resolution authorizing the city manager to execute a Development Agreement between the City of The Colony, Texas and EPC- ARSW, LLC for the development of the Parks of Austin Ranch aka The Boat House (Development Services, Joyce) Mike Joyce reviewed this project which is for 526 units and will be located on the southwest comer of Plano Parkway and Windhaven Parkway. He provided a permit fee comparison with other cities and reminded council that in 2010 they approved a reduced fee for a previous phase of development at $4.02. The regular fee rate for the city is $12.42. Mike introduced Lucillo Pena of the Billingsley Company who explained in more detail the plans for this project. Mayor McCourry stated council needs to reevaluate the fees and recommended 55.02 for this project. This is based on surrounding cities that have also had recent fee increases. Councilmember Terre asked how close the city is to being required to build a fire station in Austin Ranch. Mike Joyce said after this development they will be within 300-400 units. Motion to approve setting the building permit fee at $5.02 (for this project)- Boyer; second by Mikulec; motion. passed with all ayes except for Marks who voted no. 3.2 Conduct a public hearing, discuss and consider approving an ordinance adopting revised City Council Single Member District boundaries to be effective with the next municipal election (Council) Councilmember Boyer told the council that the map proposed for approval is a result of the previous direction by council, which does result in deviation percentages less than 10% as allowed. The proposed map is a modification of Sample Map 6 and does move the dividing line between Place 3 and Place 6 to the Bedford alley rather than in center of Baker Street as it currently exists. The public hearing was opened and closed at 7:50 p.m. with no one wishing to speak. Councilmember Boyer asked city attorney Ed Voss to explain the current situation with the Department of Justice pre-clearance requirement. He said that on June 25, 2013 the United States Supreme Court issued an opinion in the Shelby County, Al. v. Holder case. In this decision, the U.S. Supreme Court struck down Section 4 of the Voting Rights Act, but upheld Section 5 of the Act. Section 4 of the Act is the "coverage formula" which determines what states are required to pre-clear changes in voting with the U.S. Department of Justice. The State of Texas was one of the states covered by the coverage formula, thus requiring the submission of voting changes to the Department of Justice. Mr. Voss continued by saying it appears The Colony is not required to submit to the Department of Justice given there are no current covered jurisdictions under Section 4 of the Voting Rights Act. Councilmember Boyer then clarified that the city will not submit for pre-clearance. Several council members voiced appreciation to all those that had participated in the process. Motion to adopt Map 6.2- Terre; second by Boyer; motion passed with all ayes. 2 July 2., 20 13 3.3 Discuss and consider cancelling or rescheduling the August 6, 2013 city council meetings due to National Night Out (Council) Motion to cancel the August 6, 2013 city council meeting- Schrag; second by Marks; motion passed with all ayes except for Terre who abstained. 4.0 WORK SESSION None 5.0 EXECUTIVE SESSION iN one And with no liirther business to discuss the meeting was adjourned at 8:00 p.m. APPROVED: Joe McCourry, Mayor City of The Colony ATTES'~: Christie Wilson, TRMC City Secretary 7' E X p•~`' 3