HomeMy WebLinkAbout12/01/2015 City CouncilDecember 1, 2015
MINUTES OF COUNCIL REGULAR SESSION
HELD ON
DECEMBER 1, 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 1" day of December, 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:
Call to Order — 6:38p. in.
Invocation — Horizon Church
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Arbor Day Proclamation (PARD, Morgan) - Mayor McCourry read a proclamation
recognizing November 12, 2015 as "Arbor Day".
Presentation and update from The Colony Chamber of Commerce (General Admin,
Perez) — Joe Perez recognized the City of The Colony Chamber of Commerce staff,
where Robyn Bowers, Damion Robertson and Christi VerMilyea presented to the council
a certificate of appreciation for supporting the Chamber of Commerce.
Presentation and update from Keep The Colony Beautiful concerning 2015 events
and planned 2016 events (General Admin, Perez) — Joe Perez recognized Linda Van
Vranken, Chairman of Keep The Colony Beautiful Board, who provided an update on the
current 2015 and planned 2016 events.
Presentation from Convention & Visitors Bureau on Marketing Videos (CVB,
Baxter) — Diane Baxter updated council on the Convention & Visitors Bureau Marketing
Videos.
Items of Community Interest
Presentation from the Library Director regarding current and upcoming programs,
events, and service improvements (Library, Sveinsson) - Joan Sveinsson provided
current and upcoming programs, events and services improvements to the council.
December 1, 2015
Presentation from Parks and Recreation regarding upcoming events and activities
(PARD, Stansell) — Lindsey Stansell provided upcoming events and activities to the
council.
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
orlon of theagenda.
2.1. Discuss revisions to health insneetion forms ner Texas Food Establishment Rules
(General Admin, Perez)
Joe Perez presented a summary of changes from the Texas Department of State Health
Services. Joe stated the significant change to the Texas Food Establishment Rules
inspection form, which increase the number of items from 27 to 47 items being scored on
a points value.
2.2. Discuss and provide direction to staff regarding a possible ordinance relating to cell
phone use while driving (General Admin, Shallenburger)
Mayor McCourry pulled this item from the agenda to be discussed during the first
council meeting in January 2016.
2.3. Discuss funding and prioritize portions of the project for Memorial Widening
(Engineering, Scruggs)
Gordon Scruggs briefed council on two prospective projects: the Widening of Memorial
between Worley and South Colony at a cost of $1.3 million; and Blair Oaks intersection
at $1.4 million. He asked for direction on which project to begin first. The consensus of
the council was to move forward on the widening of Memorial and proceed with the
construction of Blair Oaks intersection in 18 months. Staff is to report back to council on
the timing of traffic signals on FM 423.
2.4. Discuss the existing distance and Specific Use Permit requirement for Beverage
Stores (Development Services, Joyce)
Mike Joyce reviewed the Specific Use Permit requirements for Beverage Stores. He
stated a possible revision is to remove Section 10-2207 from the ordinance, where it is
unlawful to locate within 1000 feet of another bar, lounge, and tavern or beverage store.
City Attorney Jeff Moore provided state law requirements to the proposal. Mike advised
council of other options to either keep the distance requirement as is and make it possible
for applicants to request a variance, or to lower the distance requirements to avoid
variances. General discussion was provided by council regarding this item. Council
advised staff to bring back the item with options on the distance requirement.
December 1, 2015
2.5. Discuss burying wires and cable lines within certain right-of-ways (Development
Services, Joyce)
Mike Joyce reviewed amending the "Construction and Maintenance" chapter of the
Code of Ordinance, relative to Chapter 18, Section 18-24(10), adding the language for
burying wires and cable lines. Mayor inquired on the length of time given to replace
damaged utility wires. Gordon advised the turnaround time a business has is 10 days
after a written citation with penalties has been issued. Assistant City Manager Tim Miller
stated that staff will continue to proceed with enforcement in the issuance of citations to
utility companies. Council generally agreed to the proposed changes to the existing
ordinance with a 10 day requirement for burying the cables.
2.6. Discuss adding retail/commercial office space to certain areas within the City to
Gateway Overlay District (Development Services, Joyce)
Mike Joyce presented possible revisions to the "Gateway Overlay District Regulations"
Ordinance. He advised the primary goal is to allow enhanced development, adding
retail, commercial office areas at South Colony Boulevard and Paige Boulevard. Staff to
bring back the ordinance to include the revision to council.
2.7. Council to provide direction to staff regarding future agenda items (Council) -
NONE
3.0. CITIZENINPUT
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. - NONE
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 November 16 and 17, 2015
(City Secretary, Wilson)
4.3. Consider approving a resolution authorizing the city manager to execute an
Assignment of Rights under the Developer's Agreement for Triangle Properties
(Engineering, Scruggs)
4.4. Consider approving a resolution authorizing the city manager to execute a
Communication Facility License Agreement with T -Mobile West LLC for cellular
equipment at the Clover Valley Water Tower (Engineering, Scruggs)
Motion to approve the above consent agenda items- Schrag; second by Wade; motion passed
with all ayes.
4.2. Consider approving an ordinance amending the Code of Ordinances to establish the
Speed Limit on Lebanon Road (Engineering, Scruggs)
December 1, 2015
Councilmember Terre pulled item 4.2 from the consent agenda for separate discussion.
Councilmember Terre requested to add signage for bicycle and golf carts on Lebanon Road.
Gordon stated that the signs have been ordered.
Motion to approve the above item 4.2 - Terre, second by Wade, motion passed with all ayes.
5.0 1 REGULAR AGENDA ITEMS
5.1. Discuss and consider approval of a revised list of Capital Improvement Projects to
be funded by the Community Development Corporation for FY 2015-16. (CDC,
Nelson)
Pam Nelson updated council on the revised Community Development Corporation's
Budget consideration relative to Capital Improvements for FY2015-16. General
discussion was provided by council regarding this item. Staff recommended to move
forward as discussed with the addition of the Trail Master Plan in the amount of
$50,000.
Motion to approve — Schrag; second by Marks, motion passed with all ayes.
5.2. Discuss and consider approving a resolution authorizing the city manager to execute
an Engineering Services contract with Halff Associates, Inc. to prepare construction
plans for re -construction of residential streets and alleys (Engineering, Scruggs)
Gordon Scruggs reviewed the contract plan for re -construction of residential streets and
alleys. The total budget with the 2015 bond proceeds is $3.5 million. Staff recommends
approval.for the engineering contract projected cost of $249,840.
Motion to approve — Mikulec; second by Boyer; motion passed with all ayes.
5.3. Discuss and elect a Mayor Pro tem and Deputy Mayor Pro tem according to the
Code of Ordinances, Chapter 2, Section 24 (b) (Council)
Councilmember Boyer nominated Kirk Mikulec for Mayor Pro Tem. There were no other
nominations. Nomination passed with all ayes.
Councilmember Boyer nominated Perry Schrag for Deputy Mayor Pro Tem. There were no
other nominations. Nomination passed with all ayes.
5.4. Discuss and make appointments to Council committees and appoint liaisons to the
- various Council appointed boards (Council)
This item postponed until the next meeting.
Motion to approve — Mikulec; second by Schrag; motion passed with all ayes.
December I, 2015
5.5. Discuss and consider making appointments to the Tax Increment Reinvestment
Zone Number One Board of Directors for terms expiring December 2015 (Council)
Tim Miller updated council no word from the county regarding Place 8 and 9. Mayor
recommends moving forward reappointing Joel Marks Place 6 and Perry Schrag Place
7, and placing the reappointment of Place 8 and Place 9 on the next agenda.
Motion to reappoint Joel Marks and Perry Schrag to the Tax Increment Reinvestment Zone
Number One Board of Directors and placing the reappointment of Place 8 and Place 9 on the
next agenda— Mikulec; second by Boyer, motion passed with all ayes
5.6. Discuss and consider appointing a member of the Tax Increment Reinvestment
Zone Number One Board of Directors to serve as Chairman for a one year term
(Council)
Motion to reappoint Joe McCourry as Chairman to the Tax Increment Reinvestment Zone
Number One Board of Directors made by Terre, second by Marks, motion passed with all
ayes
5.7. Discuss and consider making appointments to the Tax Increment Reinvestment
Zone Number Two Board of Directors for terms expiring December 2015 (Council)
Motion to reappoint Joe McCourry, Richard Boyer, Kirk Mikulec, Kristian Teleki and Kathy
Cunningham to the Tax Increment Reinvestment Zone Number Two Board of Directors —
Boyer, second by Mikulec; motion passed with all ayes
5.8. Discuss and consider appointing a member of the Tax Increment Reinvestment
Zone Number Two Board of Directors as Chairman for a one year term (Council)
Motion to reappoint Joe McCourry as Chairman to the Tar Increment Reinvestment Zone
Number Two Board of Directors made by Terre, second by Marks; motion passed with all
ayes
5.9. Discuss and consider making appointments to the Local Development Corporation
Board of Directors for terms expiring December 2015 (Council)
Motion to reappoint David Terre, Kirk Mikulec, Perry Schrag and Joel Marks to the Local
Development Corporation Board of Directors — Wade; second by Mikulec; motion passed with
all ayes.
5.10. Discuss and consider appointing a member of the Local Development Corporation
Board of Directors to serve as Chairman (Council)
Motion to reappoint Joe McCourry as Chairman to the Local Development Corporation Board
of Directors made by Terre, second by Marks; motion passed with all ayes.
December 1, 2015
5.11. Discuss and consider cancelling or rescheduling the December 159 2015 city council
meeting and provide direction to staff (Council)
Council agreed not to change the scheduled city council meeting for December 15, 2015.
Motion to approve — Mikulec, second by Terre; motion passed with all ayes
Executive Session was convened at 8:50 p.m.
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 seek legal advice from the city attorney
regarding a contract with Atlantic Hotels.
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 Municipal Court Judge.
C. 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 business prospect(s), and to deliberate the offer of
a financial or other incentive to a business prospect(s).
6.2 Any action as a result of executive session items.
Reconvened to Open Session at 9:55 p.m.
Item. A. - Motion to approve as discussed in Executive Session- Mikulec; second by
Marks; motion passed with all ayes. Councilmember Wade was not present during this
discussion.
Item B. - No Action
Item C. - Motion to approve a contract amendment as discussed in Executive Session -
Boyer, second by Marks, motion passed with all ayes.
And with no further business to discuss the meeting was adjourned at 9:58 p.m.
APPROVED:
AcCourtfy, Mayor
of The Colony
A ST: CSEhL Christie WilCity Secretary
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