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Home My WebLink About05/05/2015 City Council May 5,2015 MINUTES OF COUNCIL REGULAR SESSION HELD ON MAY 5,2015 The Regular Session of the City Council of the City of The Colony, Texas,was called to order at 6:38 p.m. on the 5th day of May, 2015, at City Hall, 6800 Main Street, The Colony, Texas,with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilmember Present Richard Boyer Mayor Pro-Tern Present Brian R. Wade Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember 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—Friendship Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation of Grant from CoSery Charitable Foundation to the Library- Ted Chambers with CoSery presented a check for $2,635 to the Library. Proclamations-National Bike Month; Building Safety Month; Police Week Recognition of National Travel and Tourism Week; Presentation of New Marketing Tool Items of Community Interest 1- Library presentation regarding current and upcoming programs, events, and service improvements. 2.0 WORK SESSION- The Work Session is for the purpose of exchanging information regarding public business or policy. No action is taken on Work Session items. Citizen input will not be heard during this portion of the agenda. 2.1 Discuss a possible amendment to the Code of Ordinances, Section 6-198 Mobile Food Trucks, regarding requirements and permissions, and provide direction to staff(General Admin, Perez) Joe Perez told the council that currently the city ordinance on this matter limits the parking of such trucks to one hour. Staff is proposing to change it to three (3) hours, or if for a special event, longer with the permit. The truck parking must These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee.No action will be taken and no direction will be given regarding these items. 1 May 5,2015 also be with the consent of the property owner. The inspection process would be the same as now. This item will be on a future agenda for council consideration. 2.2 Council to provide direction to staff regarding future agenda items. None 3.0 CITIZEN INPUT- 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. Those wishing to speak shall submit a Request Form to the City Secretary. 1) Kronda Thimesch introduced herself as a candidate for the LISD Board of Directors. The election will be May 9th . 4.0 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. 4.1 Consider approving minutes of council meetings held April 21, 2015 (City Secretary) 4.2 Consider approving council expenditures for the month of March 2015 (Council) Motion to approve-Marks;second by Wade; motion passed with all ayes. 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider an ordinance authorizing a specific use permit to allow a temporary concrete batch plant within a Light Commercial zoning district located at 6001 Main Street (former driving range property) (Development Services, Joyce) Mike Joyce stated this request is for use of city property at the old driving range location. The use is for a batch plant plus a TxDOT field office. The request meets the SUP criteria. The Planning and Zoning Commission recommended approval with the following conditions: 1) the use is limited to 36 months; 2) hours of operation are 8 a.m. — 4 p.m. Monday through Friday; 3) that the stockpiles of materials be watered and covered to prevent airborne dust and odors. The public hearing was opened and closed at 7:30 p.m. with no one wishing to speak. Motion to approve- Terre;second by Mikulec; motion passed with all ayes. 5.2 Conduct public hearing and discuss and consider an ordinance levying the Public Improvement District Special Assessment on properties located within the City of The Colony Public Improvement District No. 1, approving the final service and assessment plan for the district for 2015 annual facility public improvements, boardwalk public improvements and related development public improvements; and approving an assessment roll (City Attorney, Moore) City Attorney Ed Voss explained that this assessment is to help pay for facilities and improvements at the Grandscape development under the TIRZ agreement. 2 May 5,2015 Notices were set to the property owners and advertising of this public hearing was done as required. Funds from the assessment should be to the city within thirty (30) days. Mayor McCourry requested an executive session on this item at 7:32 p.m. Open session was reconvened at 7:40 p.m. The public hearing was opened at 7:41 p.m. Perry Molubhoy with Atlantic Hotel Groups stated he doesn't know what financial impact there is for hotels. Ed Voss said he will provide that to him. Public hearing closed at 7:42 p.m. Motion to approve-Marks;second by Schrag; motion passed with all ayes. 5.3 Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 18, Section 18-29.1.1(a) entitled "Obstruction of Streets, Sidewalks, Parkway Areas or Public Grounds", authorizing use of landscaping rocks or material adjacent to streets and alleyways (General Admin, Perez) Joe Perez reviewed this item stating that it will allow items such as landscaping and boulders on the city right-of-way provided the items are not more than 24 inches tall and do not block the line of sight. Councilmember Marks asked if what's existing is "grandfathered". Ed Voss said the ordinance does not provide for that. He added then that anything placed in the right-of-way is the owner's responsibility. Motion to approve- Terre;second by Mikulec;motion passed with all ayes. 5.4 Discuss and consider approving a resolution authorizing the city manager to execute a contract with VRX, Inc. for construction management services for Phase 2 of the South Colony Boulevard Grade Separation at S.H. 121 with funding provided by the Tax Increment Reinvestment Zone Number One (Engineering, Scruggs) Gordon Scruggs stated that this is the same company that provided construction management services on Phase 1 of this project. The contract amount is $380, 940. Motion to approve-Marks;second by Boyer; motion passed with all ayes. 5.5 Discuss and consider approving a final depiction of design for the Clover Valley water tower, and consider authorizing an amendment to the contract with Caldwell Tanks, Inc. (Utilities, Groeschel) After considerable discussion regarding the options and cost, Councilmember Marks made the following motion: Motion to approve 2 Cougar logos- Marks; second by Wade; motion failed with the following vote: Ayes- Wade, Marks. Nos- McCourry, Mikulec, Boyer, Terre and Schrag. 3 May 5,2015 Motion to approve 1 Cougar logo facing northwesterly and the city logo facing southeasterly-Schrag; second by Marks; motion passed with all ayes except for Boyer who voted no. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city • attorney regarding pending litigation or settlement offer in the matter of Kelsey Kowald v. City of The Colony. 6.2 A. Any action as a result of executive session regarding pending litigation or settlement offer in the matter of Kelsey Kowald v. City of The Colony. No action. And with no further business to discuss the meeting was adjourned at 8:40 p.m. APPROVED: gyjA, niitti cc-A,iev"- oe cCourry, Mayor City of The Colony ATTE T: ,,,,, OF Thi .4/14.k.i/A/A14,N) : . . a .. Christie Wilson, TRMC e 0 . City Secretary 4