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Home My WebLink About05/06/2014 City Council May 6, 2014 MINUTES OF COUNCIL REGULAR SESSION HELD ON MAY 6, 2014 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 6th day of May, 2014, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilmember Absent Richard Boyer Councilmember Present Jeff Connelly Councilmember Present David Terre Mayor Pro-Tem Present Perry Schrag Councilmember Present Joel Marks Councilmember 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 - Jeff Connelly Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- National Bike Safety Month- The proclamation was presented to the Shawnee Trail Cycling Club. They announced they are donating two bike racks for the Tribute Shoreline Trail, and also announced the National Bike Challenge. Recognize First Baptist Church of Hebron Youth Group Clean-up Effort (postponed) Marine Quest Update on Hidden Cove Park- Marcel Bosworth announced that Marine Quest has now donated $1 M to the City of The Colony, and that they are currently working on a fundraiser for the Library with a goal of $25,000. He also extended an invitation to council and city staff for an open house at the new Captain Jacks Restaurant on a future date. City Manager Powell thanked Marcel for his assistance with aerial photos the day before. Citizen Input- None Announcement of upcoming civic events and activities Ie Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Mayor McCourry reminded everyone of the school board election on Saturday; also that Councilmember Mikulec is out on business. He also stated the School Resource Officer had his vehicle at city hall to show the new paint. These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 May 6, 2014 Mr. Powell announced the last concert for the summer at Lions Club Park will be on May 16th 2.0 CONSENT AGENDA The Consent Agenda contains items which are routine in nature and will be acted upon in one motion. Items may be removed from this agenda for separate discussion by a Council member. 2.1 Consider approving minutes of council meetings held April 15t', 21St, and 28th, 2014 (City Secretary) 2.2 Consider approving council expenditures for March 2014 (Council) 2.3 Consider approving a resolution awarding a bid and authorizing the city manager to execute a contract with U.S. Underwater Services, L.L.C. in the amount of $53,565 for inspecting and cleaning the city's water storage tanks (Water Production/Groeshel) 2.4 Consider approving a resolution awarding a bid and authorizing the city manager to execute a contract with Prime Controls in the amount of $53,300 for upgrading the existing Supervisory Control and Data Acquisition (SCADA) system (Water Production/Groeshel) 2.5 Consider approving an ordinance amending the Municipal Budget for FY 2013-14 to replace ticket writer equipment and software in the amount of $94,600 with funding available through the Municipal Court Special Revenue Fund (Finance, Cranford) Motion to approve above consent agenda items- Marks; second by Connelly; motion passed with all ayes. Councilmember Connelly requested item 2.6 be discussed separately. 2.6 Consider approving an ordinance amending the Municipal Budget for FY 2013-14 for supplemental funding in the amount of $6,000 to replace a Police patrol vehicle (Finance, Cranford) Councilmember Connelly asked what type of vehicle the city will get and whether there will be an insurance reimbursement for the totaled vehicle. Asst. City Manager Tim Miller stated that a Ford Explorer will be purchased. Insurance is paying $5k-6k, and there will be auction proceeds to add to the funding. If it is determined that the other driver is at fault any funds received due to that will go into the general fund. Motion to approve- Connelly; second by Boyer; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Receive presentation and discuss the FY 2012-13 Comprehensive Annual Financial Report (Finance, Cranford) Tim Miller introduced Kevin Kemp with BDK to present the audit and financial status of the city. Items 3.2 and 3.3 were pulled from the agenda and not discussed. 3.2 Conduct a public hearing, discuss and consider an ordinance approving a specific use permit to allow a limited service hotel, Microtel by Wyndham, to be located on a 1.37 acre tract of land on the north side of the Sam Rayburn 2 May 6, 2014 Tollway (S.H. 121) and approximately 250 feet east of Standridge Drive, 3909 S.H. 121 (Development Services, Joyce) 3.3 Discuss and consider an ordinance approving a site plan for Microtel by Wyndham to be located on a 1.37 acre tract of land on the north side of the Sam Rayburn Tollway (S.H. 121) and approximately 250 feet east of Standridge Drive, 3909 S.H. 121 (Development Services, Joyce) 3.4 Discuss and consider an ordinance approving a revised site plan for a new 110,545 square foot elementary school for the Lewisville Independent School District, called Camey Elementary, on approximately 18.46 acres, located at the northwest corner of Blair Oaks Drive and Arbor Glen Road Mike Joyce stated this is a LISD initiated request to move the parking area and change the traffic circulation plan. Motion to approve- Terre; second by Boyer, motion passed with all ayes. 3.5 Discuss and consider an ordinance approving a revised site plan for a new 200,500 square foot middle school for the Lewisville Independent School District, called Griffin Middle School, on approximately 16.80 acres, located on the south side of North Colony Boulevard at Ragan Road (Development Services, Joyce) Mike Joyce stated this request is to relocate some parking and revised the traffic circulation plan. Motion to approve- Schrag; second by Connelly; (notion passed with all ayes. 3.6 Conduct a public hearing, discuss and consider an ordinance amending Article XI, Signs, of Chapter 6 of the Code of Ordinances by revising Section 6-258, "Prohibited Signs;" by revising Section 6-261(h), "Political Signs;" by revising Section 6-262(f), "Pylon Signs;" and by amending subsection 6-263, entitled "Definitions," by adding a new definition for "Mannequin Signs" and "Mechanical Signs" and by revising the definition of "Portable Signs" (Development Services, Joyce) Mike Joyce briefly reviewed the proposed changes to the sign ordinance. There will be a change in the requirements for pylon signs and the number of political signs will be regulated on city property if an election is held there. New definitions are being added for portable, mechanical, and mannequin signs. Mannequin signs will be prohibited. Mayor McCourry clarified that the prohibited signs do not include traffic signs. There was a brief discussion to clarify the portion about advertising signs on vehicles. The public hearing was opened at 8:02 p.m. Christi Martin asked if vehicles can be "wrapped" with political signs. The public hearing was closed at 8:03 p.m. Motion to approve- Boyer; second by Marks; motion passed with all ayes. 3 May 6, 2014 3.7 Conduct a public hearing, discuss and consider an ordinance amending the Comprehensive Zoning Ordinance by repealing Appendix A, Sections 13-100 to 13-200, entitled "Vehicle Parking Regulations," and by repealing Appendix A, Section 10A-1400, entitled "Drive Through Regulations, and by replacing these sections with a new Appendix A, Sections 13-101 to 13-120, entitled "Vehicle Parking, Parking Lot and On-Site Traffic Regulations" (Development Services, Joyce) Mike Joyce stated the majority of the current ordinance is outdated, not having been significantly changed since 1979. He then reviewed the proposed ordinance, to include that it addresses shared parking. The public hearing was opened and closed at 8:15 p.m. with no one wishing to speak. Motion to approve- Connelly; second by Terre, motion passed with all ayes. 3.8 Conduct a public hearing, discuss and consider approving an ordinance adopting Standards of Care for Kidz Kamp Day Camp Programs Policy for 2014 (PARD, Swain) David Swain explained that this is the third annual renewal for this policy which is required by the Texas Department of Family Services. It states that the city is not a day care facility. The public hearing was opened and closed at 8:17 p.m. with no one wishing to speak. Motion to approve-Terre; second by Connelly; motion passed ivith all ayes. 3.9 Discuss and consider approving a resolution approving an amendment to Republic Waste Services Commercial & Industrial and Residential Solid Waste Collection and Recycling Agreement for a rate increase effective June 1, 2014 (Gilman) Facilities Manager Terry Gilman explained to the council that the amount being requested is actually less than would be allowable under the contract. It was noted that the Solid Waste Committee did not review this agenda request since there is not a change to the contract. Motion to approve- Terre; second by Marks; motion passed with all ayes except for Boyer who voted no. 3.10 Discuss and consider authorizing staff to include fifty-percent (50%) of the cost of a School Resource Officer position for the Prestwick STEM Academy in the FY 2014-15 budget (Finance, Cranford) Tim Miller presented this request from the Little Elm School District. He asked the council whether they 1) want to add this to the budget for the next fiscal year, and 2) if so, whether the split should be 50150 as is the LISD SRO agreement. There was considerable discussion regarding number of children at this school, whether they will be Tribute residents or Little Elm residents, and which entity should bear the most burden of the cost of an SRO. Also, the tax rates were compared/discussed (LEISD and city). A representative from LEND stated the 4 May 6, 2014 Tribute residents have first choice to attend the school, then others from Little Elm will be allowed. The STEM academy will have students K-8`" grade which is different from the current LISD schools in The Colony that have a SRO. It was clarified that the officer will be a City of The Colony employee and it will take time to hire and train that person. Councilbnember Marks made a motion to offer a 65135 split for now. Councilmember Terre seconded the motion. Both the motion and the second were rescinded. It was suggested that staff do some analysis of funding so as to pay a fair share of this position. Motion to authorize staff to conduct analysis as to the city's percentage of funding for the cost of a School Resource Officer for the Prestwick STEM Academy in an amount not to exceed 50% of funding for the resource officer- Schrag; second by Marks; motion passed with all ayes. 3.11 Discuss and consider approving a resolution authorizing the city manager to execute a contract amendment with Webber, LLC for the Memorial- Spring Creek Connector Project for an early open to traffic incentive (Engineering, Scruggs) City Engineer Gordon Scruggs reviewed this project and the steps already taken to expedite the completion, The current proposal could move the timeline up from June 2015 to March 2015 for a cost of $423,200. Several council members spoke in opposition to the proposal and no motion for approval was made. 4.0 WORK SESSION No work session items. Executive Session was convened at 9:22 .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 possible comprehensive zoning code amendment. 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 5000 Main Street. C. 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, or duties of Police Chief. Reconvened Open Session 11:20 p.m. 5.2 A. Any action as a result of executive session regarding comprehensive zoning code amendment. 5 May 6, 2014 I move that the city attorney should follow the given instructions as discussed regarding this zoning issue- Schrag; second by Connelly; motion passed with all ayes. [Marks was absent front the dais.] B. Any action as a result of executive session regarding 5000 Main Street. No action. C. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, or duties of Police Chief. No action. And with no further business to discuss the meeting was adjourned at 11:21 p.m. APPROVED: Jam' j Joe'"McCourry, Mayor /ity of The Colony ATTEST: ri~stie ilson, TRMC City Secretary 6 E I r C~Pkco