HomeMy WebLinkAbout11/19/2013 City Council
November 19, 2013
MINUTES OF COUNCIL REGULAR SESSION
HELD ON
NOVEMBER 19, 2013
The Regular Session of the City Council of the City of The Colony, Texas, was called
to order at 7:17 p.m. on the 19'11 day of November, 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 Present
Jeff Connelly Councilmember Present
David Terre Councilmember Present
Perry Schrag Councilmember Present
Joel Marks Mayor Pro-Tenn Present
And with seven council members present a quorum was established and the following
items were addressed:
1,0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND
PROCLAMATIONS:
Call to Order
Invocation - Councilman Jeff Connelly
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Recognize Young Men's Service League for Volunteerism
Presentation of Texas Recreation and Parks Society regional "Excellence in
Programming" Award for The Colony Seniors "Starlight Revue"
Citizen Input
Allen Harris invited the council, staff, and community to participate in The
Colony Nativity at The Church of Jesus Christ of Latter-day Saints in The Colony
on December 6t" and 7t".
Christi Martin congratulated the Colony Seniors on their award. She stated she
favored the dog park project and the Bill Allen park location. Ms. Martin would
like to donate to the Keith Helms memorial project and would like to know why
her donation to the project was not accepted. She would like to get more
information from The Colony regarding Stewart Creek contamination, as she did
from Frisco. She would like more information regarding the business alliance.
Ms. Martin stated she had difficulty getting information about the arts committee
and would like to participate more with the group.
Announcement of upcoming civic events and activities I- Parks and Recreation
Update Lindsey Stansell, Special Event Coordinator outlined upcoming events
including Kids Kamp, Holiday in the Park and the Parade of Lights, and The
Colony Christmas Spectacular.
These items are strictly Public service announcements. No action will be taken and no direction will be given
regarding these items.
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November 19, 2013
Councilman David Terre stated he was blown away by the American Heroes
celebration and Lee Greenwood.
City Manager Troy Powell thanked everyone for the successful VIP event and
grand opening for TopGolf.
2.0 CONSENT AGENDA
2.1 Consider approving minutes of council meetings held November 5, 2013
[Terre] (City Secretary)
Motion to approve - Connelly; second by Marks; lnotion passed with all ayes.
2.2 Consider approving a resolution designating the Dallas Morning News
NeighborsGo as the city's official newspaper (City Secretary)
Councilman Connelly expressed concern regarding the NeighborsGo section only
being in the Dallas Morning News papers delivered to subscribers. Deputy City
Secretary Henderson stated the notices would be on the Denton Record Chronicle
website as well.
Motion to approve Dallas Morning News NeighborsGo as the city's official newspaper
- Connelly; second by Marks; motion passed with all ayes
2.3 Consider accepting TeRon Lawrence's resignation from the Community
Development Corporation (Council)
Mayor McCourry presented a plaque to TeRon Lawrence for his outstanding
service on the Community Development Corporation Board.
Motion to accept TeRon Lawrence's resignation from the Community Development
Corporation - Marks; second by Terre; motion passed with all ayes.
3.0 REGULAR AGENDA ITEMS
3.1 Discuss and consider approving a resolution authorizing the city manager to
execute an Interlocal Cooperation Agreement with Little Elm Independent
School District for Joint Use of Property, Construction of Facilities, and Use
Thereof (Engineering, Scruggs/Nelson)
Engineering Director Gordon Scruggs stated the agreement will allow for joint
use of the STEM Academy by the city and the Community Center by the Little
Elm Independent School District at no cost and waiving of $226,000 of
construction/inspection fees. The school district would still be responsible for the
utility bills. The agreement is similar to the agreement the city has with
Lewisville Independent School District. He recommends approval of the
agreement with a wording change of Section 2 C, removing the second sentence
and replacing it with the wording of Section 3 C for consistency.
Motion to approve with change- Schrag; motion died due to lack of second.
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November 19, 2013 Councilman Connelly expressed concern with the one-year term for waiving a
large amount of fees. Councilman Mikulec echoed his concern. Councilman
Boyer stated he has trouble waiving the fees due to the action of the school board
toward citizens and veterans when they discussed the project at a recent school
board meeting. Councilman Terre stated he feels it is the right thing to do and he
has received a good response from the school. Mayor McCourry stated the
council needs to looks at the need of the citizens and the actions of the board
members will be addressed by voters in the next election. Councilman Mikluec
reiterated his concern is the large amount of the fees being waived versus the term
of the agreement. City Manager Troy Powell stated is a standard practice to
waive building fees for schools. Councilman Connelly said if we added to the
term or reduced the amount of the fees waived, he is happy to move forward.
Linda Engle, Assistant Superintendent of Business and Operations, from Little
Elm Independent School District apologized for any comments that may have
offended anyone at the school board meeting. She stated she felt the board would
be comfortable with extending the term of the agreement.
Motion to approve the suggested wording change and extending the term to two years -
Connelly; second by Mikulec; motion passed with McCourry, Mikulec,
Connelly, Terre, Schrag, and Marks voting for and Boyer voting against.
3.2 Conduct a public hearing, discuss, and consider approving an ordinance for
a site plan for two office buildings located on approximately 1.95 acres of
land, on the north side of the Sam Rayburn Tollway (S.H. 121),
approximately 350 feet west of Blair Oaks Drive (Development Services,
Joyce)
Planning Director Mike Joyce presented information on the site plan and project.
He stated the plan meets all requirements and was approved by the Development
Review Committee and Planning and Zoning commission.
Mayor McCourry opened the public hearing at 8:13 p.m. Richard Kuether
expressed concern regarding the radius of the corner in the parking lot. With no
one else wishing to speak, Mayor McCourry closed the public hearing at 8:15
p.m.
Councilman Marks asked about the height of the building. Contractor Jack Cox
stated the building was twenty-two feet tall. Engineering Director Gordon
Scruggs stated the radius met the requirements at the time the project was
presented.
Motion to approve- Connelly; second by Mikulec; motion passed with all ayes.
3.3 First reading, conduct a public hearing and discuss an ordinance amending
the Code of Ordinances, by adding a new Section 13-100 to the zoning
ordinance entitled "Accessible Parking for Physically Handicapped Persons"
and establishing regulations relating to handicapped accessible parking, and
adding a new Section 19-25 through 27 entitled "Disabled Parking -
Presumption; Violations; Penalty" and "Handicapped or Disabled Parking"
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November 19, 2013
to the code of ordinances for the enforcement of handicapped parking
regulations (Development Services, Joyce)
Planning Director Mike Joyce stated the city's current ordinance need to be
updated. Mr. Joyce gave an overview of the current ordinance and suggested
amendments. He said the design portion of the requirements could be included in
the zoning ordinance. Main changes include van parking, updating the table for
the number of spaces required, and minimum standards for signage. He added
signs could be provided from the city at cost to ensure consistency. The changes
were reviewed by the Planning & Zoning Commission and Ordinance Review
Committee. Both groups recommend approval.
Mayor McCourry asked if maintenance of the signs and pavement marking could
be required in the ordinance. City Attorney Jeff Moore said it could be included.
Councilman Terre agreed maintenance is important and should be added. He
asked if the parking regulations were being enforced. City Manager Troy Powell
stated they are being enforced by the police department.
Council Schrag asked if the table being used was from the State. Mr. Joyce said
yes and he reviewed requirements in other states and the proposed changes appear
to be standard.
Mayor McCourry opened the public hearing at 8:33 p.m. Christi Martin, stated
she was happy to see this topic up for review. She has noticed the markings in
parking lots becoming worn. With no one else wishing to speak, Mayor
McCourry closed the public hearing at 8:35 p.m.
Councilman Connelly stated he felt the city should not be in the business of
installing signs. The city should set the requirements and businesses comply. Mr.
Joyce clarified the signs would not be installed by the city. We would have them
available for purchase at cost to expedite installation and aid compliance.
Businesses could purchase signs from other vendors as well.
3.4 Discuss and consider approving a resolution authorizing the city manager to
issue a purchase order to Sam Pack Five Star Ford with pricing available
through the Texas State Comptroller's Texas Smart Buy program for the
purchase of replacement vehicles as approved in the 2013-14 annual budget
(Finance, Cranford)
Assistant City Manager Tim Miller stated the vehicles to be purchased are the
same as the models as the police vehicles purchased last year. The total cost for
purchase and equipping the vehicles came in under the budgeted amount.
Motion to approve- Boyer; second by Marks; motion passed with all ayes.
3.5 Discuss and consider approving a resolution authorizing the city manager to
execute a contract amendment with McMahon Construction for Plano
Parkway Widening Phase 2 for the installation of water and wastewater lines
to serve future development (Engineering, Scruggs)
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November 19, 2013
Director of Engineering Gordon Scruggs explained the contract amendment is to
install water and wastewater lines on the west side of Plano Parkway to
accommodate future development. Mr. Scruggs gave a brief overview of the
project and its status. He stated it is more cost effective to run the lines during the
construction than at a later date. Linking to the Lewisville line was reviewed, but
the option presented was less expensive.
Motion to approve- Connelly; second by Mikulec; motion passed with all ayes.
3.6 Discuss and consider making appointments to the Tax Increment
Reinvestment Zone Number One Board of Directors for the January 2014 -
December 2015 term (Council)
Motion to reappoint Joel Marks, Place 6 and Perry Schrag, Place 7 - Connelly; second
by Mikulec; rrrotion passed with all ayes. [Denton County Commissioners will
appoint County representatives on the board]
3.7 Discuss and consider appointing a member of the Tax Increment
Reinvestment Zone Number One Board of Directors to serve as Chairman
for a one-year term (Council)
Motion to appoint Joe McCourry as Chairman- Connelly; second by Mikulec; motion
passed with all ayes.
3.8 Discuss and consider making appointments to the Local Development
Corporation Board of Directors for the January 2014 - December 2015 term
(Council)
Motion to reappoint David Terre, Place 6, Kirk Mikulec, Place 7, PerrJ7 Schrag, Place
8, and Joel Marks, Place 9 - Connelly; second by Boyer; motion passed with all
ayes.
3.9 Discuss and consider appointing a member of the Local Development
Corporation Board of Directors to serve as Chairman for a one-year term
(Council)
Motion to appoint Joe McCourry as Chairman- Marks; second by Mikulec; rrrotion
passed with all ayes.
4.0 WORK SESSION
None
Executive Session was convened at 8:56 .m.
5.0 EXECUTIVE SESSION
5.1 A. Council shall convene into a closed executive session pursuant to
Sections 551.087 and 551.071 of the Texas Government Code to deliberate
commercial or financial information the City has received from a business
prospect, and to deliberate the offer of a financial or other incentive to a
business prospect, and to receive legal advice regarding the same.
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November 19, 2013
B. Council shall convene into a closed executive session pursuant to
Section 551.074 (1) of the TEXAS GOVERNMENT CODE regarding personnel
matters to wit: applicants for Alternate Municipal Court Judge.
C. Council shall convene into a closed executive session pursuant to
Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the
purchase, exchange, lease or value of real property.
Reconvened to Open Session 10:29 p.m.
5.2 A. Any action as a result of executive session regarding commercial or
financial information the City has received from a business prospect the
purchase, exchange, lease or value of real property.
No action.
B. Any action as a result of executive session regarding applicants for
Alternate Municipal Court Judge.
Motion to appoint Kristine primrose as Alternate Municipal Court Judge- Connelly;
second by Mikulec; motion passed with all ayes.
C. Any action as a result of executive session regarding the purchase,
exchange, lease or value of real property.
No action.
And with no further business to discuss the meeting was adjourned at 10:30 p.m.
APPROVED:
Jo /e McCouriy, ayor
;City of The Colony l
ATTES
y o c
Christie Wilson, TRMC
City Secretary '
TE X AS
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