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Home My WebLink About10/07/2014 City Council October 7,2014 MINUTES OF COUNCIL REGULAR SESSION HELD ON OCTOBER 7, 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 7th day of October, 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 Absent 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—Journey Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input-None This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of thirty(30) minutes for items not posted on the current agenda. The council may not discuss these items, but may respond with factual data or policy information, or place the item on a future agenda. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. 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 September 16, 2014 [Marks WS] (City Secretary) 2.2 Consider approving council expenditures for August 2014 (Council) 2.3 Consider approving the First Amendment to Business Property Lease by and between the City of The Colony and TXFM, Inc. for the purpose of extending the lease of city property located at 6804 Main Street to December 31, 2014 (General Admin, Maurina) These items are strictly public service announcements.No action will be taken and no direction will be given regarding these items. • 1 October 7,2014 2.4 Consider approving a resolution authorizing the city manager to execute an Interlocal Cooperation Agreement with Denton County for the collection of FY 2014-15 property taxes (Finance, Cranford) 2.5 Consider approving a resolution authorizing the city manager to execute a financial agreement between the City of The Colony and Government Capital Corporation for the purpose of financing vehicles and equipment, and consider approving an ordinance establishing a sinking fund (Finance, Cranford) 2.6 Consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for library funding for FY 2014-15 (Library, Sveinsson) 2.7 Consider approving a resolution authorizing the city manager to execute a contract with Halff Associates, Inc. for the purpose of updating the construction plans for the Phase IV Street Reconstruction (Engineering, Scruggs) Motion to approve- Connelly;second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Receive presentation from First Southwest, discuss and consider approving a resolution authorizing a Notice of Intention to Issue City of The Colony,Texas Certificates of Obligation (Finance) Finance Director David Cranford introduced Jason Hughes with First Southwest who explained that this request is for council to authorize advertising the notice for issuance of the CO's. The intent is to issue no more than $23.5M in bonds with the majority of the funds going towards water and sewer related projects. On November 18th the authorization to sell the bonds will come back on the council agenda. If approved the funds should be available to the city in December. It is not anticipated there will be any negative impact on the city's bond rating. Motion to approve- Connelly;second by Marks; motion passed with all ayes. 3.2 Discuss the November 4, 2014, city council election with the Denton County Elections Administrator, including but not limited to the order of items on the election ballot, and take any action necessary regarding the November 4, 2014 election and related joint election agreement and contract for election services (Council) Mr. Lannie Noble, Denton County Elections Administrator, told the council that he has been made aware of the issues surrounding the placement of council candidates on the November ballot, which is contrary to what the city had been told previously. He explained that this particular ballot is very large (3 pages) and despite the efforts of the programmers, including the software vendor, it will be impossible to put the local elections on the top of the ballot. Mr. Noble also stated that the Secretary of State said that signage in the polling place or any other means of informing the voters of the situation at the polling place will not be allowed as it would be considered electioneering. Signage outside the 100' distance markers is acceptable. Mr. Noble stated too that Denton County uses only electronic voting during early voting but on Election Day the voters have a 2 October 7,2014 choice of electronic or paper ballot. If there were no paper ballots being used,this particular order issue would not exist. Questions regarding a future fix to the problem followed. Mr. Noble stated that the current software has been used for the past 10 years and when new software is designed, it must undergo an extensive certification process that can take up to 3 years. Mr. Noble was asked about several scenarios that might help ease the situation and to get the answers to the city secretary. 3.3 Discuss and consider approving a resolution authorizing a Special Service Request contract amendment with Corollo Engineers, Inc. for additional engineering design relating to new utility power connections and additional backup generator capacity at the Stewart Creek Wastewater Treatment Plant to accommodate Phase 1 and Phase 2 plant improvements (Public Works, Groeshel) Evan Groeschel explained that when the original contract was awarded it was explained that certain future items were not included that would be brought back at a later time for approval. This is one of those items. City Manager Powell this process did save some money. Evan further explained that the current electrical utilities will not support the expansion. Motion to approve- Terre;second by Mikulec; motion passed with all ayes. 3.4 Discuss and consider approving a resolution adopting the Bridges Cemetery Master Plan (Library, Megan Charters) Megan Charters of the History Committee stated that the committee and a cemetery task force worked to prepare the plan. She briefly reviewed the purpose and major goals, adding that the Community Development Corporation is a likely source of funding for improvements to the cemetery. It was noted that descendants of some people buried there were contacted during the process and that no future burials will occur there. Motion to approve-Marks;second by Terre; motion passed with all ayes. 3.5 Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 19, Section 19-12(m), entitled "Parking Requirements" regarding parking, stopping and standing of unauthorized vehicles, to provide time limits (Development Services, Joyce) Mike Joyce told the council that this item is to allow a timeframe (24 hours) for recreational vehicles to be parked on the street in single family areas. Councilmember Schrage asked if the city has had a lot of issues and Mr. Joyce replied there has been some. Motion to approve- Terre; second by Connelly; motion passed with all ayes except for Schrag who voted no. 3 October 7,2014 3.6 Discuss and consider a resolution approving a Private Transfer Agreement (Grant by Special Warranty Deed) by and between The Colony Local Development Corporation and LMG Ventures, LLC, conveying an approximately 3.693 acre tract of land, located in the Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abstract No. 173, City of The Colony, Denton County,Texas (General Admin,Maurina) Councilmember Marks stated this is the item that was explained during the previously LDC meeting. Councilmember Connelly confirmed it was for a Hard 8 restaurant. Motion to approve-Marks;second by Mikulec; motion passed with all ayes. 3.7 Discuss and consider cancelling or rescheduling the November 4, 2014 city council meeting and provide direction to staff(Council) Mayor McCourry explained that is item is on the agenda due to November 4th being Election Day and the city council election is on the November ballot. Motion to cancel the November 4th city council meeting- Schrag; second by Mikulec; motion passed with all ayes. 4.0 WORK SESSION None Executive session was convened at 8:20 p.m. 5.0 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS GOVERNMENT CODE to deliberate regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). B. 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. Reconvened to Open Session at 9:47 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(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). No action. B. Any action as a result of executive session regarding the City Secretary's annual evaluation. No action. 4 October 7,2014 And with no further business to discuss the meeting was adjourned at 9:47 p.m. APPROVED: 44 Ai,. , ___ _... se Mc o , y, Mayor City of The Colony ATTEST: ,, ,,,,,,,,,,,,,,,,,,. AlLi 16 i -4_,,e- ,� �� THS .,, I 7/ ......00....., Christie Wilson, TRMC SEAL Ir't ; City Secretary 5