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Home My WebLink About01/07/2014 City Council January 7, 201 4 MINUTES OF COUNCIL REGULAR SESSION HELD ON JANUARY 7, 2014 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:12 p.m. on the 7th day of January, 2014, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec COUneilmember Present Richard Boyer Councilmember Present .Jeff Connelly Councilmember Absent David Terre Council member 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 - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- None Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Councilmember Terre thanked Kevin and Kathy Braby and other volunteers for the time spent on the Christmas Spectacular light show. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meeting held December 17, 2013 [McCourry, Marks[ (City Secretary) 2.2 Consider approving council expenditures for November 2013 (Council) 2.3 Consider approving a resolution authorizing the city manager to issue a purchase order to Sam Pack Ford for the purchase of four vehicles in the amount of $98,628, with pricing available through the Texas Intel-local Smart Buy Program, as approved in the FY2013-2014 municipal budget (Finance, Cranford) Motion to approve- Boyer; second by Mikulec; motion passed with all ayes. These items arc strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 January 7, 2014 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approving a resolution accepting a donation from Jeff Scoggin and directing that the donation be utilized as stated for the city's Animal Shelter (Council) Mayor McCourry read the resolution and presented it to Jeff Scoggin on behalf of the city. The resolution recognized that Mr. Scoggin plans to donate author's royalties from his book, A Home for Bella, to the Animal Shelter for spay, neuter, and adoption fees. Councilmember Terre, Asst. Chief Chris Plemons and Shelter Manager Patricia Barrington were on hand during the presentation. Motion to approve- Boyer, second by Mikulec; inotion passed with all ayes. 4.0 WORK SESSION No items. Executive Session was convened at 8:42 .m. 5.0 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding the Marine Quest Development Agreement. B. Council shall convene into a closed executive session pursuant to Sections 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from the City Attorney regarding an Impact Fee Waiver Agreement with Colony 5 Partners LLC, and RTG Colony Partners LLC. C. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS GOVERNMENT CODE to seek legal advice from the City Attorney and to deliberate the purchase, exchange, lease, or value of real property, and to consider- authorizing the use of eminent domain to condemn property or properties: (a) approximately 2,001 square feet or 0.0459 acres of land for a mutual access easement and approximately 4,246 square feet or 0.097 acres of land for right-of-way, in fee simple, both of which are located in the Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abstract No. 174, City of The Colony, Denton County, Texas, for public roadway purposes; (b) approximately 15,888 square feet or 0.365 acres of land and 10,141 square feet or 0.232 acres of land both of which for right-of-way, in fee simple, and both are located in the Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abstract No. 174, City of The Colony, Denton County, Texas, for public roadway purposes; and (c) approximately 11,811 square feet or 0.2711 acres of land, and 20,718 square feet or 0.476 acres of land both of which for right-of-way, in fee simple, and located within the Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abstract No. 174, City of The Colony, Denton County, January 7, 2014 Texas; and approximately 78,091 square feet or 1.793 acres of land for right- of-way, located within the B.B.B. & C.R.R. Co. Survey, Abstract No. 173 and 174, in fee simple, and 3,236 square feet 0.0743 acres of land for a mutual access easement both of which are located within the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, City of The Colony, Denton County, Texas, all of which for public roadway purposes. Reconvened to Open Session at 8:35 p.m. 5.2 A. Any action as a result of executive session regarding the Marine Quest Development Agreement. No action. B. Any action as a result of executive session regarding an Impact Fee Waiver Agreement with Colony 5 Partners LLC, and RTG Colony Partners LLC. Motion to approve the impact fee waiver agreennent as presented- Terre; second by Mikulec; motion passed with all ayes (Courncilmember Marks was absent from the dais.) C. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property, and to consider authorizing the use of eminent domain to condemn property or properties: (a), (b), or (c) above. (a) "I move to approve a resolution authorizing the City of The Colony, Texas, to use of the power of eminent domain to acquire approximately 2,001 square feet or 0.0459 acres of land for a nnutual access easement, and approximately 4,246 square feet or 0.097 acres of land for right-of-way, located ►vithin the Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abstract No. 174, City of The Colony, Denton County, Texas, for public roadway purposes. Terre; second by Mikulec; motion passed with all ayes (Cou ncilinember Marks was absent from the dais.) (b) "1 move to approve a resolution authorizing the City of The Colony, Texas, to use of the power of eminent domain to acquire approximately 15,888 square feet or 0.365 acres of right-of-way, and approxinnately 10,141 square feet or 0.232 acres of right-of-way, located within the Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abstract No. 174, City of The Colony, Denton County, Texas, for public roadway purposes. Terre; second by Mikulec; motion passed with all ayes. (c) No action. 3 January 7, 2014 And with no further business to discuss the meeting was adjourned at 8:42 p.m. APPROVED: J"e McCoufiy, Mayor r /City of The Colony ATTE n T: v T L11~/t_JL Christie Wilson, TRMC i City Secretary 7- e 4