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Home My WebLink About01/19/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON JANUARY 199 2016 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:32 p.m. on the 19th day of January, 2016, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Kirk Mikulec Richard Boyer Brian R. Wade David Terre Perry Schrag Joel Marks Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember Councilmember Present Present Present Present (6:55 p.m.) Present Present Present (6:36 p.m.) And with five council members present a quorum was established and the following items were addressed: La ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1.1. Call to Order — 6:32 p.m. 1.2. Invocation — First United Methodist Church 1.3. Pledge of Allegiance to the United States Flag 1.4. Salute to the Texas Flag 1.5. Recognize The Colony High School National Art Honor Society Students for their work on a mural at The Colony Recreation Center (PARD, Swain) David Swain recognized work performed at The Colony Recreation Center by the students of The Colony High School National Art Honor Society. Mayor McCourry presented certificates to the students. (Councilmember Marks arrived at 6:36 p.m.) 1.6. Items of Community Interest 1.6.1. Receive presentation from Parks and Recreation regarding upcoming events and activities (PARD, Stansell) Lindsey Stansell provided current and 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 portion of the agenda. 2.1. Receive presentation and discuss Fire Department facilities, personnel and equipment needs (Fire, Thompson) Chief Thompson provided an overview of council expectations and fire department needs assessment for 2016 Councilmember Mikulec made a suggestion in regards to testifying before the legislation next session, for City Manager Troy Powell and Councilmember Boyer to meet with Chief Thompson to discuss safety and response times for our first responders. Mr. Powell advised that matters regarding public safety will be discussed in depth at the next city council retreat. Council provided brief discussion on this item and requested staff to report back with information on the following: 1. Average cost of mutual aid 2. Costforfire inspection 3. System redundancies 4. Broadcasting technology (versus outdoor early warning sirens) (Councilmember Wade arrived at 6:55 p.m.) 2.2. Council to provide direction to staff regarding future agenda items (Council) Councilmember Terre requested a future agenda item for information and discussion on no texting while driving throughout the city of The Colony. 3.0. CITIZENINPUT 3. 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 A 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 January 5, 2016 (City Secretary, Wilson) 4.2. Consider approving city council expenditures for November 2015 (Council) 4.3. Consider approving a resolution authorizing the city manager to execute a contract amendment in the amount of $71,032.79 with Mario Sinacola & Sons Excavating, Inc. for Construction of Phase 2 of the South Colony Boulevard Grade Separation at the Sam Rayburn Tollway/SH 121 (Engineering, Scruggs) Motion to approve- Marks; second by Wade, motion passed with all ayes. 5.0. REGULAR AGENDA ITEMS 5.1. Discuss and consider a request from the Mothers Opposing Bullying organization to receive a portion of the gate fees at Stewart Creek Park to help offset their costs to conduct their event at the park on April 2nd, 2016 (PARD, Nelson) Pam Nelson reviewed the Mothers Opposing Bullying organization request to receive a portion of the gate fees at Stewart Creek Park. Discussion on this item was provided in regards to the entry fee after 5:00 p.m. City Attorney Jeff Moore stated in light of the discussion, he would recommend council establish an agreement which will outline the details. Mayor McCourry asked if vendors or other organizations that utilize park properties provide a percentage back to the city. Pam stated that a flat fee is assessed to the vendors and organizations to attend city events. [Councilmember Schrag stepped out at 7:43 p.m. and returned at 7:45 p. m.] [Councilmember Marks stepped out at 7:53 p. m. and returned at 7:56 p. m.] Motion to deny- Schrag; second by Wade, motion passed with all ayes except for David Terre who abstained. 5.2. Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 19, by adding Section 19-27, entitled "Use of Wireless Communication Devices in a Construction or Maintenance Work Zone" (General Admin, Shallenburger) Brant Shallenburger presented the proposed ordinance to council. Councilmember Terre asked about adding additional signage in construction zones. Brant stated that TxDOT has provisions in place that regulate the requirements of signage on F.M. 423. After considerable discussion by Council the following motion was made. Motion to approve— Terre, second by Wade, motion failed with Terre, Wade and McCourry voting aye, Mikulec, Boyer, Schrag and Marks voted no. 5.3. Discuss and consider approving an ordinance amending the Code of Ordinances by repealing in its entirety and replacing Chapter 15, Sections 15-1 to 15-12, entitled "Peddlers and Solicitors" (Police, Coulon) Police Chief David Coulon reviewed the changes included in the proposed ordinance. Definitions of the Canvasser and Local Youth Organizations; 15-5: License Required and Exceptions; 15-10: Prohibited hours of Operation; and 15-11: Solicitation and Handbill Distribution sections. Council discussed this item and the consensus was to amend section 15-10, Prohibited hours of Operations, to change the start time to 7:00 a.m. Motion to approve- Wade, second by Schrag; motion passed with all ayes except for Perry Schrag who voted no. 5.4. Discuss and consider approving a resolution authorizing the city manager to execute a contract amendment with VRX, Inc. for Construction Management Services for Phase 2 of the South Colony Boulevard Grade Separation at the Sam Rayburn Tollway/SH 121 (Engineering, Scruggs) Gordon Scruggs briefed council on the proposed resolution to approve a contract amendment #1 with VRX, Inc. for an additional 22 weeks of services required to close out the project. [The South Colony ramps are scheduled to be open February 2016] The additional cost of the project is $251,300.00 and will be 100%funded by Denton County Regional Toll Revenues (RTR) from the tolling of SH 121. Motion to approve- Mikulec; second by Schrag; motion passed with all ayes. Executive session was convened at 8:25 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 551.071 of the TEXAS GOVERNMENT CODE to see legal advice from the city attorney regarding a Hawaiian Falls Waterpark Ground lease Operating Agreement and related documents. 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, duties, discipline or dismissal of Municipal Court Alternate Judge(s). Open session was reconvened at 9:45 p.m. Item A- Motion to authorize the city attorney to prepare documents as discussed in Executive Session - Marks; second by Boyer, motion passed with all ayes except for Wade who was not present at the time of the vote. No action on Item B. Item C. Motion to approve appointing Holly Fox as Alternate Municipal Court Judge- Boyer; second by Schrag; motion passed with all ayes except for Wad who was not present at the time of the vote. And with no further business to discuss the meeting was adjourned at 9:48 p.m. I•\W9:ZUr/0131 i3k McCourty, Mayor Pty of The Colony ATTE e,..XA. f�istie Wilson, TRMCCity Secretary