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Home My WebLink About03/01/2016 City Councili�CTHE MINUTES OF COUNCIL REGULAR SESSION HELD ON MARCH 1, 2016 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 lat of March, 2016, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Mayor Pro -Tem Present Richard Boyer Councilmember 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: I.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1. Call to Order 1.1. Invocation — Councilmember David Terre 1.2. Pledge of Allegiance to the United States Flag 1.3. Salute to the Texas Flag 1.4. Receive presentation from The Colony Chamber of Commerce on New Logo Design (Perez) Chamber of Commerce representative Robin Bowers recognized four students from The Colony High School who were finalists in a competition for designing a new logo for the Chamber of Commerce. First Place was recognized and the Chamber presented the final design that will be used in the future. School Principal Tim Baxter was present for the recognitions. 1.5. Items of Community Interest- Mayor McCourry announced that The Colony was ranked #5 in a national survey for Healthiest Housing Market. 1.5.1. Presentation from the Library Director regarding current and upcoming programs, events, and service improvements (Library, Sveinsson) 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. 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 - Regular Meeting Agenda Meeting Date 3/1/2016 Page 2 2.1. Discuss Grant Fund Application process and direct staff with any changes to the ! form and/or process (Shallenburger) Brant Shallenburger presented the current grant application and review process and inquired to the council whether they would like to see any changes. Councilmember Terre stated that programs should directly benefit The Colony. Mayor McCourry added that he is fine with what is in place but agreed that grant dollars should not go to fund things like national hotlines. It was noted that the grant requests should come to council for determinations and staff should not make decisions on them. 2.2. Update on Specific Use Permit requirements for 7300 Main Street property (Development Services, Joyce) Mike Joyce reviewed the 2012 SUP criteria for Lots 77-88 and advised the council that those stipulations had not been met. He said that a letter had been sent to the property representatives in November 2015 stating that the SUP may be revoked. Mr. Joyce showed some recent photos of the property and the intended plans for the property. He asked for input from the council on whether to revoke the SUP. Council's consensus was to move forward with the revocation. 2.3. Council to provide direction to staff regarding future agenda items (Council) 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. 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 meeting minutes for city council meeting held February 16, 2016 (City Secretary, Wilson) Motion: to approve- Wade; second by Marks; motion passed with all ayes City Council - Regular Meeting Agenda Meeting Date 3/1/2016 Page 3 S. 0 REGULAR AGENDA ITEMS 5.1. Second reading, discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 19, entitled "Traffic" by adding a new Section 19-30 entitled "Regulating The Use of Hand -Held Wireless Communication Devices While Driving" (Council) Council heard public input on this item prior to their discussion. Tim Baxter spoke in opposition to the ordinance; Joel Hoback said that cell phones do block driver vision and supports any efforts to help resolve some of the issues regarding distracted drivers (awareness and educational programs); Ken Flo stated hand held use of phones block vision but all that hands free use is a distraction. He added that officers should be able to enforce any ordinances. Mike Hughey spoke in favor of the ordinance. Richard Kuether stated he is generally in favor but feels the police and fire should not be exempt and that drivers should be able to use their phones if not moving (such as being stopped at a traffic light.) Christi Martin spoke generally in favor. At 7:31 p.m. Mayor McCourry called an executive session under Section 551.071 of the Texas Government Code to consult with the city attorney. Open session was reconvened at 7:50 p.m. Councilmember Mikulec spoke in favor of public education and awareness. Councilmember Terre spoke in favor, saying his constituents want the ordinance. _ Councilmember Wade stated he is personally not in favor but the constituents he polled are in favor. He added he feels it would be difficult to enforce. Councilmember Boyer stated that he feels something should be in place regarding "distracted driving", he's not sure this is the solution; he added it should be made law at the state level. Another issue he feels would exist is that there are a lot of people in our city every day that don't live here and likely would not be aware of such an ordinance. Police Chief Coulon told the council that the ordinance can be enforced the way it is written. Mayor McCourry cited statistics regarding other states restrictions and results of studies. He spoke in favor of the ordinance, adding that Little Elm already has such an ordinance in place as does Austin and San Antonio. Motion to approve- Terre; second by Wade Councilmember Marks asked Chief Coulon whether any changes should be made regarding police and fire exemption. Chief said that the newest vehicles they purchased have the hands free capability and they are looking into equipment for the older vehicles. Mr. Marks asked the city attorney about other city employees' use while on duty in a vehicle and it was stated they could be cited. Councilmember Schrap, said there should be an educational campaign but feels something is lacking in the ordinance. He added he would be more in favor of banning all cell use while driving [not just hands-on] because there are a lot of things that cause City Council - Regular Meeting Agenda Meeting Date 3/1/2016 Page 4 driver distraction. lie was in favor of state law makers considering the matter. Motion failed with the following vote- Ayes- McCourry, Wade, Terre Nos- Mikulec, Boyer, Schrag, Marks 5.2. Discuss and consider approving a resolution authorizing the mayor to execute an amendment to the Interlocal Cooperation with Denton County for the Memorial - Spring Creek Connector Project (Engineering, Scruggs) Engineering Director Gordon Scruggs told the council that this agreement is needed due to excess Regional Toll Revenue funds from Denton County in the amount of $2,250,000 for the Connector Project will be transferred to the Memorial Widening project [5.3]. Motion to approve- Marks; second by Mikulec; motion passed with all ayes. 5.3. Discuss and consider approving a resolution authorizing the mayor to execute a second amendment to the Interlocal Cooperation Agreement with Denton County for the Memorial Widening Project (Engineering, Scruggs) Engineering Director Scruggs said this agreement increases the funding for widening Memorial from South Colony to Worley by transferring the excess funds from item 5.2. ' Motion to approve- Marks; second by Mikulec; motion passed with all ayes 5.4. Discuss and consider approving a resolution authorizing the mayor to execute a lease agreement amendment between the City of The Colony and Denton County for property generally located at 6301 Main Street (General Admin, Perez) Joe Perez told that council that this amendment separates out a portion of the city's property currently leased to Denton County for use as a Community Garden and includes a parking area. Motion to approve- Marks; second by Wade; motion passed with all ayes. 5.5. Discuss and consider approving a resolution authorizing the city manager to execute a License and Use Agreement with Metro Relief, Inc. for a Community Garden to be generally located at 6301 Main Street (General Admin, Perez) Joe Perez explained that this item is an agreement with Metro Relief and is subject to Denton County approving the amendment in item 5.4. Motion to approve contingent upon Denton County approving the lease amendment (item 5.41- Schrag; second by Marks; motion passed with all ayes City Council - Regular Meeting Agenda Meeting Date 3/1/2016 Page 5 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 pending or contemplated litigation — Brazos Electric substation matter. Open Session was reconvened at 9:45 p.m. (Recess 9:3712.m. — 9:45 p.m.) 6.2. A. Any action as a result of executive session regarding pending or contemplated litigation — Brazos Electric substation matter. No action. And with no further business to discuss the meeting was adjourned at 9:45 p.m. APPROVED: vlcCourr�, Mayor of The Colony ATTE •t'l. OF ..fH�,�, .OHO Christie Wilson, TRMC �Z.. i `j''+ i : -' City Secretary �-+ i-� TEX A5