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Home My WebLink About03/04/2014 City Council March 4, 2014 MINUTES OF COUNCIL REGULAR SESSION HELD ON MARCH 4, 2014 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 4th day of March, 2014, 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 Comielly Councilmember Present David Terre Mayor Pro-Tem Present Perry Schrag Councilmember Present Joel Marks Councilmember Present (7:30) 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- Calvary Christian Center Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognize Griffin Middle School students for participation in the Student Leadership Program- Mayor McCourry passed out certificates to the students. Citizen Input- Scott Carpenter, Chair of the Chamber of Commerce, asked for city council participation in the Chamber activities. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Councilmember Connelly announced that he will not be seeking re-election for the Place 3 city council seat in November. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held February 13 [Connelly, Mikulec] and February 18, 2014 (City Secretary) 2.2 Consider approving council expenditures for January 2014 (Council) 2.3 Consider approving a resolution authorizing the community services director to submit a letter of request to the U.S. Army Corps of Engineers to exercise the option of extending the city's Low Density Recreation Lease for a five (5) year term (PARD, Nelson) 2.4 Consider rejecting Lion's Club Pond desilting project bid, and authorize staff to re-bid the project (PARD, Nelson) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 March 4, 2014 2.6 Consider approving a resolution authorizing the city manager to execute Professional Services Agreement with Dunaway Associates in the amount of $15,755 for site plan development and bid specifications for a new playground and other improvements at Stewart Creek Park (PARD, Nelson) Motion to approve above consent agenda items- Connelly; second by Schrag; motion passed with all ayes. Mayor McCoui-iy pulled 2.5 for separate discussion. 2.5 Consider approving a resolution authorizing the city manager to execute a Professional Services Agreement with Halff Associates for the development of a Veteran's Memorial Park Master Plan with funding provided by the Community Development Corporation, and approve a budget amendment ordinance in the amount of $29,500 (PARD, Nelson) City Attorney Jeff Moore told the council that Halff Associates has requested some edits to the agreement that are not reflected in the council packet version. One is to clarify that they offer no special expertise and the other is to include project documents to be in paper and pdf. Motion to approve subject to revisions as discussed- Connelly; second by Boyer; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider all matters incident and related to the issuance and sale of City of The Colony, Texas, General Obligation Refunding Bonds, Series 2014, including the adoption of an ordinance authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds and delegating certain matters to an authorized official of the City (Finance, Cranford) Boyd London with First Southwest provided a handout and explained the savings, principal and interest rates. This refunding process will not extend the term of the original bond payments. [Councilmember Marks arrived.] Motion to approve- Terre; second by Connelly; motion passed with all ayes. 3.2 Conduct a public hearing, discuss, and consider an ordinance approving a planned development text amendment to the Stewart Peninsula Planned Development (PD-8) regarding the height of residences along Westway Drive. The property is located on the north and south sides of North Colony Boulevard on Stewart Peninsula. (Development Services, Joyce) Councilmember Mikulec said that since he lives in this subdivision, he was informed by the city attorney that he should abstain from voting on this matter. Jeff Moore advised that since council members Mikulec and Terre both live in this PD, there would be a conflict of interest. Both council members left the room during the discussion on this item. 2 March 4, 2014 Mike Joyce told the council that this item is actually to correct a matter for PD 8 which was approved in 1996. He said along Westway Drive the homes' maximum height is supposed to be only one story at street level. When permits were issued the city overlooked this restriction and as a result several homes are multi-level. This ordinance proposes to repeal the one-story height restriction. Notices were sent and the Planning and Zoning Commission recommended approval. The public hearing was opened and closed at 7:40 with no one wishing to speak. Motion to approve- Schrag; second by Marks; motion passed ►vith all ayes [abstentions recorded for Mikulec and Terre] [Council members Mikulec and Terre returned to the dais.] 3.3 Conduct a public hearing, discuss, and consider an ordinance approving a planned development text amendment to The Tribute Planned Developments (PD-18 & PD-23) regarding the location of temporary batch plants. The property is located on the east and west sides of Lebanon Road on The Wynnwood Peninsula. (Development Services, Joyce) Mike Joyce briefly explained the plamied locations for the batch plants on Wynnwood Peninsula. Planning and Zoning recommended approval. The public hearing was opened and closed at 7:45 p.m. with no one wishing to speak. Motion to approve- Marks; second by Terre; motion passed with all ayes. 3.4 Discuss and consider approving a resolution authorizing the city manager to execute an Overpass Agreement with BNSF Railroad for construction and maintenance of the Grandscape Boulevard Bridge (Engineering, Scruggs) City Engineer Gordon Scruggs told the council that Grandscape Boulevard is to extend from South Colony to Spring Creek (at Headquarters Drive). An overpass over the existing railroad must be built to accommodate the new road. The cost of $350,492 will be paid up front by the developer and then will be reimbursed through the Tax Increment Reinvestment Zone No. 1. Mayor McCourry clarified that the span of the overpass will accommodate an additional rail line should it be needed in the future. Motion to approve- Schrag; second by Marks; motion passed with all ayes. 3.5 First reading and discuss an ordinance amending the Code of Ordinances, Chapter 6, Article VIII, Section 6-181 and adding a new section 6-188 by prohibiting the possession of an electronic cigarette by a minor, prohibiting the using of false information or misrepresenting a minor's age in order to purchase, and prohibiting the sale of electronic cigarettes to a minor (Council) Jeff Moore handed out a red-line of the ordinance and explained that it includes a new section 6-188 that addresses minors. Councilmember Connelly stated there is no FDA action to date on e-cigarettes. Councilmember Terre spoke in favor of 3 March 4, 2014 the ordinance. Mayor McCourry added that the Denton County Health Department is collecting data on this subject. 4.0 WORK SESSION None Executive Session was convened at 8:02 p.m. 5.0 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary and City Manager. B. 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. C. 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 Top Golf. Reconvened to Open Session at 9:18 p.m. 5.2 A. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary and City Manager. No action. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. C. Any action as a result of executive session regarding legal advice from the city attorney - Top Golf. No action. And with no further business to discuss the meeting was adjourned at 9:19 p.m. APPROVED: Joe Mc q&ry, Mayor City of The Colo aTTEST~,~'. .~a ~)V4 Christie Wilson, TRMC City Secretary 4