The URL can be used to link to this page

Home My WebLink About04/05/2016 City Council/®CTHE _4% - MINUTES OF COUNCIL REGULAR SESSION HELD ON APRIL 5, 2016 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:35 p.m. on the 5th day of April, 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 (6:38 p.m.) Present Present Present Present Present And with six council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1. Call to Order - 6:35 p.m. 1.1. Invocation - Friendship Baptist Church 1.2. Pledge of Allegiance to the United States Flag 1.3. Salute to the Texas Flag 1.4. Proclamation recognizing Telecommunication Personnel in the public safety community (Police, Coulon) Mayor McCourry recognized April 10-16, 2016 as "National Public Safety Telecommunicators Week ". The proclamation was accepted by Chief Chandler and Tiffany McDorman. 1.5. Council to recognize Charlie Hamer, The Colony High School's first Girls Gold -Medalist Wrestler in the State 5A Championships (General Admin, Perez) Mayor McCourry recognized Charlie Hamer of The Colony High School as the first Girls Gold -Medalist Wrestler in the State SA Championships. Principal Tim Baxter thanked the mayor and council for acknowledging Charlie's award. Coach Chuck Brown announced Charlie's accomplishment and presented a video of her winning the title. 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 04/05/2016 Page 2 1.6. Recognize teams from The Colony Youth Basketball League for their performance at the TAAF State Tournament (PARD, Stansell) Athletics Coordinator Brian Vonderlin recognized individuals of The Colony Youth Basketball League. He stated out of the thirty-three teams signed up for the season, seven teams participated in the championship games, six competed in the final four, two won state runner-up and one team won state championship. Mayor McCourry presented certificates to the players for their participation. 1.7. Items of Community Interest Park Development Manager Eve Morgan announced a public meeting on The Colony Trail and Bicycle Route Masterplan scheduled for April 7, 2016 at 6:30 p.m. Councilmember Marks inquired on the opening of South Colony. Director of Engineering Gordon Scruggs announced South Colony would open with stop signs next week. The signal light poles were a cause for the delay, but the city will move forward with the opening. 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 adopting a future ordinance regulating a farmers market within city limits (General Admin, Perez) Programs Administrator Joe Perez presented the proposed ordinance to council. Joe stated there is no current ordinance that regulates a farmers market in the city. Councilmember Mikulec asked if the city could limit the number within the city. City Attorney Jeff Moore stated the proposed ordinance would require options to allow for a Specific Use Permit, zoning codes or distance requirements. Council provided direction to revisit this item at a later date, requesting staff to provide a draft ordinance reflecting limitations and the quantity of farmers markets in the city. 2.2. 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. 1. Gary Rowen spoke on behalf of the Children's Advocacy Center of Denton _ County. He shared the work of the center and thanked council for their ongoing support. 2. Jean Hammer spoke concerning the need for a sound wall on FM 423. City Council - Regular Meeting Agenda Meeting Date 04/05/2016 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 March 15, 2016 [Mikulec absent — business] (City Secretary, Wilson) 4.2. Consider approving city council expenditures for the month of February 2016 (Council) 4.3. Consider approving a resolution authorizing the city manager to execute a contract with McCreary, Vesleka, Bragg, & Allen, PC for the collection of past due property taxes (Finance, Cranford) ***Councilmember Marks pulled item 4.4 from the consent agenda for separate discussion. 4.4. Consider approving a resolution supporting a Municipal Settings Designation (MSD) in the City of Lewisville (Engineering, Scruggs) Councilmember Marks requested clarification on this item. Gordon Scruggs explained the request is to support the municipal settings designation in the City of Lewisville, restricting the use of and access to surface groundwater. ***Motion to approve 14.41- Marks, second by Wade; motion passed with all ayes. 4.5. Consider approving a resolution authorizing the city manager to execute an Agreement for Air Space Easement and Restriction of Bridge Height above roadway improvement known as Bridge Lane in The Tribute Subdivision (Development Services, Joyce) Motion to approve 14.1, 4.2, 4.3, 4.51- Schrag; second by Wade; motion passed with all ayes 5.0 REGULAR AGENDA ITEMS 5.1. Discuss and consider approving a resolution authorizing the city manager to issue a purchase order to Sequel Data Systems in the amount of $283,326.42 for the purchase of hardware upgrades and professional services (IT, Vasquez) IT Director Chris Vasquez presented information to the council on this item. Chris stated the highest priority ffor the IT department] is the city's infrastructure that consists of three key components which include servers, storage and networking equipment. Chris explained the purchase is cost effective and will be paid from the amount budgeted of $300, 000. Councilmember Terre inquired on the lifespan of the product. Chris stated the standard is five years, and the replacements would happen over the course of several years. Motion to approve- Terre; second by Wade; motion passed with all ayes. City Council - Regular Meeting Agenda Meeting Date 04/05/2016 Page 4 _ 5.2. Discuss and consider approving a budget amendment ordinance for the Police Department for overtime funds in the amount of $159,000; and for a virtual emergency notification system with Nixle in the amount of $9,000 (Police, Coulon) Chief Chandler presented the proposed budget amendment ordinance to council as follows. • Original overtime budget for the year was $155,000, and as of today the department's overtime amount stands at $141,000; this is due to an increase in training, staff shortages with two officers injured (one has returned), and one still in training. • Nixle an emergency notification system that will deliver information by cell phone to the community free of charge; annual cost to the city will be $8, 000 plus set up fees. This system will provide real time information to unlimited users within their geographical areas. Motion to approve- Marks; second by Mikulec; motion passed with all ayes 5.3. Discuss and consider approving an ordinance amending the Code of Ordinances, Appendix A, "Zoning", Section 10-2207, to revise the distance requirements between bar, lounge or tavern, or beverage stores (City Council, Wade) City Attorney Jeff Moore provided an overview on the proposed zoning ordinance amendment to council. He explained currently the ordinance states the spacing for bars, taverns and beverage stores is at 1,000 feet. The previously proposed ordinance allowed for spacing at 300 feet, and during a previous council meeting a motion was made to allow for 500 feet, but that motion failed. Mr. Moore asked for more direction from council on this item, adding that the proposed ordinance will need to go back to Planning and Zoning for a public hearing. Councilmember Wade stated his desire is for it to be consistent with other distances in the ordinance, which is spacing at 300 feet from churches, schools and nursing homes. Staff to move forward with the process of bringing it back to council for approval. No action taken on this item. 5.4. Discuss and consider approving a supplemental funding request from 'Metro Relief related to the construction of the community garden project (General Admin, Perez) Joe Perez presented the request from Metro Relief for money for a fence around the community garden project to council. He stated the fence was to be done by an eagle scout member, but he was unable to complete the project in the time frame he needed. Joe added the revised budget request is in the amount of $2,950. Council provided brief discussion on this item. Motion to approve- Terre; second by Wade; motion was denied with 3 ayes [Wade, Terre, Marks] and 4 nays [McCourry, Mikulec, Boyer, Perry]. 5.5. Discuss and consider making a nomination by resolution for a candidate to serve on the Denco Area 9-1-1 District Board of Managers for a two year term beginning October 1, City Council - Regular Meeting Agenda Meeting Date 04/05/2016 Page 5 2016 (Council) Mayor McCourry presented the resolution to the council. The consensus of the council to re -nominate Jim Carter to serve on the Denco Area 9-1-1 District Board of Managers. Motion to approve- Wade; second by Marks, motion passed with all ayes except for Schrag who voted no. 5.6. Discuss and consider approving a resolution nominating one representative and one alternate representative to the 2016 Regional Transportation Council (Council) Mayor McCourry updated the council on the proposed resolution. The consensus of the council to nominate the Town of Prosper as the Representative and the City of The Colony as the Alternate Representative to the 2016 Regional Transportation Council. Motion to approve- Wade; second by Mikulec; motion passed with all ayes. Executive Session was convened at 8:18 p.m. 6.0 EXECUTIVE SESSION A. Council shall convene into a closed executive session pursuant to Section 551.071 of 6.1. 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 concerning Hidden Cove 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 the Development Agreement by and between the City and Billingsley Development Corporation, dated January 20, 1998 and January 22, 2008, as amended. 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 pending or contemplated litigation — Atlantic Colony Venture I, LLC and Atlantic Colony Venture II, LLC v. City of The Colony, Texas, et al., Cause No. 16-02219-442. 18:37 p.m. Councilmember Wade left the executive session prior to the discussion on Item C. He returned to the closed session at 9:05 p.m.] D. 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 — Appeal of Brazos Electric Power Cooperative, Inc. and Denton County Electric Cooperative, Inc. D/B/A CoSery Electric from an Ordinance of The Colony, Texas, and, in the Alternative, Application for a Declaratory Order, SOAH Docket No. 473-16-1119, PUC Docket 45175. E. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, employment, City Council - Regular Meeting Agenda Meeting Date 04/05/2016 Page 6 evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Open Session was reconvened at 11:10 p.m. 6.2. A. Any action as a result of executive session regarding the Development Agreement, Ground Lease Agreement and related agreements with Marine Quest - Hidden Cove, L.P. and Plains Capital Bank concerning Hidden Cove Park. No Action B. Any action as a result of executive session regarding the Development Agreement by and between the City and Billingsley Development Corporation, dated January 20, 1998 and January 22, 2008, as amended. No Action C. Any action as a result of executive session regarding the pending or contemplated litigation - Atlantic Venture, LLC and Atlantic Colony Venture Il, LLC v. City of The Colony, Texas, et al. No Action D. Any action as a result of executive session regarding the pending or contemplated litigation Appeal of Brazos Electric Power Cooperative, Inc. and Denton County Electric Cooperative, Inc. D/B/A CoSery Electric matter. No Action E. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Motion to approve an employment agreement appointing Tina Stewart as Interim City Secretary with the terms as discussed in executive session- Boyer; second by Marks; motion passed with all ayes. ADJOURNMENT And with no further business to discuss the meeting was adjourned at 11:15 p.m. ATTEST: w Christie Wilson, TRMC City Secretary h. City Council - Regular Meeting Agenda Meeting Date 04/05/2016 Page 7 APPROVED: J e Mc ou , Mayor ity of The Colony