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Home My WebLink About10/06/2015 City Council A Cr_THE OLONY MINUTES OF COUNCIL REGULAR SESSION HELD ON OCTOBER 6, 2015 The Regular Session of the City Council of the City of The Colony,Texas,was called to order at 6:34 p.m. on the 6th day of October, 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-Tem 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 1. Call to Order 1.1. Invocation-River Church 1.2. Pledge of Allegiance to the United States Flag 1.3. Salute to the Texas Flag 1.4. Items of Community Interest- Councilmember Terre commented on the new logos painted on the water tower near the high school. Mayor McCourry announced a dedication ceremony renaming F.M. 423 to Sgt. Enrique Mondragon Highway to be held on Friday at One Harris Plaza. 1.4.1. Presentation from the Library Director 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 and possibly revise the definition of "Masonry" in Appendix A, Zoning Ordinance (Development Services,Joyce) Mike Joyce reviewed the existing zoning requirements regarding masonry, stating that they have been in place since 1983. He surveyed other cities in our area and found that 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. City Council Minutes Meeting Date 10/6/2015 Page 2 some are allowing products like brick veneer or stone veneer as well as other typical masonry products. He asked for feedback from the council on whether staff should bring forth an ordinance amending The Colony's requirements. Council was in general agreement that they should consider a change. Staff will also survey other cities as to the percentage requirements. 2.2. Discuss a possible school zone on Lebanon Road for the Stem Academy located in the Tribute Subdivision (General Admin, Powell) City Manager Troy Powell told the council that some residents of the Tribute have expressed concern over the speeds driven on Lebanon Road near the school at the intersection of Stonefield. He told the council that there is a tunnel with a sidewalk under Lebanon that was designed for pedestrians to cross and is safer than crossing on Lebanon. Brant Shallenburger reviewed an area map showing the school zone in place on Stonefield and how it could be extended through the intersection at Lebanon. Staff does not recommend a school crossing guard at this location. The cost for additional signage and roadway striping will be $13,000-$15,000. Council agreed staff should move forward with this plan. 2.3. Discuss and direct staff on contracting with IPS Advisors to provide consulting services for employee medical/dental benefits (Human Resources,Wallican) City Manager Powell told the council that the HR director put together a Request for Proposals for the evaluation of employee insurance benefits and costs. IPS Advisors was selected and they will gather data over the next 6 months then provide an analysis. The cost is $37,000 and the results will be available September 2016 for 2017 benefits. 2.4. Council to provide direction to staff regarding future agenda items (Council) 1) Councilmember Schrag wants to evaluate extending the Overlay District to include South Colony. 2) Councilmember Wade would like to implement background checks on those who apply to adopt animals from the city's shelter. City Attorney Jeff Moore will determine if this is something the city can do. 3.0 CITIZEN INPUT 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. Citizen Lisa Leary told the council about a fund raising event for Metro Relief called Harvest for Metro Relief where area restaurants are donating a portion of their proceeds to Metro Relief from October 10-13, 2015. City Council Minutes Meeting Date 10/6/2015 Page 3 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 city council meeting minutes for September 15, 2015 (City Secretary,Wilson) 4.2. Consider approving a resolution designating the Dallas Morning News NeighborsGo as the official newspaper for the City of The Colony for legal publications (City Secretary,Wilson) Motion to approve- Marks; second by Wade; motion passed with all ayes except for Schrag who voted no. 5.0 REGULAR AGENDA ITEMS 5.1. Discuss and consider approving an ordinance authorizing the issuance of General Obligation Refunding Bonds, Series 2015; establishing procedures for the sale and delivery of bonds; levying an annual ad valorem tax for the payment of said bonds; and enacting other provisions relating to the subject(Finance, Cranford) David Cranford introduced Boyd London from First Southwest who reviewed 5.1 and 5.2. Mr. London reviewed the projected savings on the Refunding Bonds. The Certificates of Obligation ordinance is scheduled for adoption on November 17, 2015. Motion to approve- Terre;second by Wade; motion passed with all ayes. 5.2. Discuss and consider approving a resolution authorizing publication of a Notice of Intention to Issue Certificates of Obligation (Finance, Cranford) Motion to approve-Schrag; second by Mikulec; motion passed with all ayes. 5.3. Conduct a public hearing, discuss and consider an ordinance approving a request for zoning change from Neighborhood Services (NS) and Planned Development 2 (PD-2) to General Retail (GR) at North Main Plaza, located at the southwest corner of Lake Highlands Drive and Main Street within the Neighborhood Services (NS) and Planned Development 2 (PD-2) zoning districts (Development Services,Joyce) Mike Joyce reviewed the location for this proposed development, noting that the retail center will require the removal of one house. Planning and Zoning recommended approval. The public hearing was opened at 7:46 p.m. Developer Jack Cox briefly spoke in favor. Two residents of Carr Street, Shirley Gibbs and Barbara Worley, spoke against it, citing traffic and roadway conditions. City Engineer Gordon Scruggs showed a map of the future Main Street renovation, medians, and traffic light planned for Lake Highlands. After considerable discussion by council, the public hearing was closed at 7:55 p.m. City Council Minutes Meeting Date 10/6/2015 Page 4 - - Motion to approve-Schrag;second by Marks;motion passed with all ayes. 5.4. Conduct a public hearing, discuss and consider an ordinance approving a request for Planned Development 24 (PD-24) amendment to allow dog park as a use located at 1 Harris Plaza (Development Services,Joyce) Mike Joyce reviewed the location of PD-24 and stated that the Parks Department is recommending a dog park be allowed where the current ball fields are. The Planning and Zoning recommended approval. Councilmember Terre spoke in favor. The public hearing was opened at 8:12 p.m. Nellie Hines who lives adjacent to the proposed dog park spoke against this citing noise, odor, and a messy environment too close to the homes. She asked council to find another location. The public hearing was closed at 8:13 p.m. Councilmember Marks spoke against the dog park in this location. He would like the city to take more time to find an alternate location. Parks Director Pam Nelson reviewed the other locations in town that had been considered and the issues associated with each. She added that there has been some landscaping installed along the alley behind the homes in the proposed area and more can be added. Councilmember Boyer stated a dog park has been a very high priority for residents and that this site already has irrigation,lighting and parking. Motion to approve- Terre; second by Wade; motion passed with all ayes except for Marks who voted no. 5.5. Discuss and consider approving a resolution authorizing the city manager to issue a purchase order to Cummins Southern Plains LLC for the purchase of an emergency generator for City Hall with pricing available through the Houston Galveston Area Cooperative Purchasing Program(Facilities Maintenance, Gilman) Facilities Manager Terry Gilman reviewed the need for the generator replacement at city hall. It will be located on the northeast corner of the building. It will be fueled by diesel and will keep city hall powered for 24 hours. Motion to approve- Terre;second by Boyer;motion passed with all ayes. 5.6. Discuss and consider cancelling or rescheduling the November 3, 2015 city council meeting due to Election Day and provide direction to staff(Council) Motion to cancel the November 3rd city council meeting- Schrag; second by Boyer; motion passed with all ayes. 6.0 EXECUTIVE SESSION- Closed session was convened at 8:45 p.m. 6.1 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 the Development Agreement, Ground Lease Agreement and related agreements with Marine Quest - Hidden Cove, L.P. and Plains Capital Bank City Council Minutes Meeting Date 10/6/2015 Page 5 concerning Hidden Code Park. 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 pending or contemplated litigation — Brazos Electric substation matter. 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 public improvement districts and tax increment fmancing and issues related to City of The Colony Public Improvement District No. 1, and Tax Increment Reinvestment Zone Number One, City of The Colony, Texas. D. 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 Municipal Court Judge. Open session was re-convened at 10:30 p.m. E. Any action as a result of executive session. Item A.-No action. Item B.- Motion to hire Lloyd, Gosselink, Rochelle & Townsend concerning the appeal of Brazos Electric Cooperative, Inc. matter before the Public Utility Commission, PUC Docket No. 45175, and any appeals related thereto-Marks; second by Schrag; motion passed with all ayes. Item C.-No action. Item D.- Motion to amend the municipal court judge's contract based on terms as discussed in Executive Session with an effective date of October 1, 2015- Boyer; second by Marks; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 10:31 p.m. APPROVED: Jo, McCourry Mayor • ty of The Colony City Council Minutes Meeting Date 10/6/2015 Page 6 ATTEST:I ai of rI / 4A- 0/14-0,(J' ot ''' ' 'stie Wilson,TRMC ic Z5 City Secretary • l '_ SEP" -� . r • so TEX AS ....ii '...,.......,,,,,1,11