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HomeMy WebLinkAbout04/19/2016 City CouncilAC-49THE Y Cpy Lr 16r L�k� :MINUTES OF COUNCIL REGULAR SESSION HELD ON APRIL 19, 2016 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:33 p.m. on the 19th 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 Present Present Present Present Present (6:52 p.m.) And with six council members present a quorum was established and the following items were addressed: L 0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMA TIONS 1. Call to Order — 6:33 p.m. 1.1. Invocation — Councilmember Terre 1.2. Pledge of Allegiance to the United States Flag 1.3. Salute to the Texas Flag 1.4. Proclamation Recognizing the Month of April as National Distracted Driving Awareness Month Mayor McCourry proclaimed the Month of April as "National Distracted Driving Awareness Month ". 1.5. Introduce the Dallas Roughnecks a professional ultimate disc team to the community. The Roughnecks are playing their 2016 home season at the Five Star Complex (PARD, Swain) David Swain provided a presentation and introduced the Dallas Roughnecks to the community. Councilmember Terre welcomed the team to the city. 1.6. Presentation from the Human Resources Director regarding an overview of tools and processes introduced to the city in 2016; and an introduction to the new hire welcome video developed by the Communications Department (Human Resources, Wallican) I 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 4/19/2016 Page 2 - - - Director of Human Resources Rodney Wallican provided an overview of tools and processes introduced to the city in 2016. Diane Baxter, Director of Communications and Tourism, presented the new hire welcome video to the council. Both Mayor and Councilmember Terre acknowledged staff for their hard work on these projects. 1.7. Items of Community Interest 1.7.1. Receive presentation from Parks and Recreation regarding upcoming events and activities (PARD, Stansell) Lindsey Stansell provided upcoming events and activities to the council. Councilmember Boyer acknowledged Tina Stewart as the new Interim City Ssecretary. 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 follow-up report from Mothers Opposing Bullying regarding the grant funded event MOB World Unity Festival and Run (General Admin, Shallenburger) This item was pulled from the agenda and not discussed. 2.2. Discuss public information request Quarterly Report as presented for council review (City Secretary) There was no discussion on this item. 2.3. Discuss and consider creating a committee to study and make recommendations to the city council regarding a future new city hall building (City Manager, Powell) City Manager Troy Powell briefed council on the creation of a committee for a new city hall building. Councilmember Terre announced his interest in serving on the committee. The council provided discussion on this item with a recommendation for the committee to consist of Council, the City Manager, a member from the Economic Development Corporation, Community Development Corporation and citizens from the community. Council to provide other persons of interest to Mayor by the next council meeting. 2.4. Discuss and consider creating a committee to study and make recommendations to the City Council regarding future new athletic practice field locations (General Admin, Powell) Councilmember Terre recommended Councilmember Wade for the committee. Councilmember Mikulec suggested Parks and Recreation youth leaders to be consider on the committee. Council agreed to move forward with the recommendations with plans to begin by the second meeting in May. 2.5. Council to provide direction to staff regarding future agenda items (Council) NONE - — City Council - Regular Meeting Agenda Meeting Date 4/19/2016 3.0 CITIZEN INPUT Page 3 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. Christi Martin spoke concerning customer feedback award for excellent customer service. 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 April 1, 2, and 5, 2016 (Interim City Secretary) 4.3. Discuss and consider approving a resolution authorizing the City Manager to execute the purchase of ProQA Emergency Medical Dispatch Program from Priority Dispatch for $78,103.00 (Fire, Thompson) Motion to approve all items from consent- Schrag; second by Wade; motion passed with all ayes 4.2. Consider approving a grant request from Friends of The Colony Library Inc. for funding in the amount of $8,775.00 for their event, "Jazzed About the Library Benefit" to be held in August, 2016 (General Admin, Shallenburger) This item was pulled from the agenda and not discussed. 5.0 REGULAR AGENDA ITEMS 5.1. Presentation of the Comprehensive Annual Financial Report (CAFR) for the 2014-15 fiscal year from John Deburro with Weaver and Tidwell (Finance, Cranford) Director of Finance David Cranford introduced John Deburro with Weaver and Tidwell to council. Mr. Deburro presented the 2014-2015 Fiscal Year Comprehensive Annual Financial Report (CAFR). Councilmember Terre thanked Mr. Deburro and city staff for their hard work preparing the financial highlights of the general fund. 5.2. Conduct a public hearing, discuss and consider an ordinance approving an application for a Specific Use Permit (SUP) to allow a thrift store called Renew Resale Thrift Store at 6700 Main Street, Suite 130 within the Shopping Center (SC) Zoning District (Development Services, Joyce) Mike Joyce briefly reviewed the proposed Specific Use Permit for Renew Resale Thrift Store. Mike explained with the approval of two variances by the Board of Adjustments, the application was in conformance with the Zoning Ordinance. Planning and Zoning Commission recommended approval. City Council - Regular Meeting Agenda Meeting Date 4/19/2016 Page 4 The public hearing was opened at 7:51 p.m., owner Carol Whites stated the boutique is a 501(c)3 organization that will assist those with mental health needs. She explained all proceeds would be used to fund NAMI (National Alliance Mental Illness). Donations will have a designated drop-off location, and items that do not fit the boutiques criteria will be passed on to another 501(c)3 organization. Christi Martin spoke in favor of the proposed request. There being no other speakers, the public hearing was closed at 7:56 p.m. Motion to approve- Marks; second by Schrag; motion passed with all ayes 5.3. Discuss and consider approving a resolution authorizing the City Manager to execute a construction contract for the widening of Memorial Drive from Worley Drive to South Colony Boulevard (Engineering, Scruggs) Gordon Scruggs explained the project was funded with bonds. Ile explained the three (3) lowest bidders were Quality Excavation at $1.198 million; McMahon Contracting at $1.315 million; and Tiseo Paving at $1.319 million. Mr. Scruggs indicated City of Carrollton indicated Quality Excavation had scheduling problems from the beginning. During the middle of the project, Quality Excavation had to replace its paving subcontractor. Further, the City is going through very similar issues with its Phase V street project, and it was best to avoid a similar issue. The second lowest bidder was McMahon Contracting from the Plano Parkway project. The third lowest was Tiseo Paving. Tiseo Paving did the North Colony Boulevard reconstruction project in which -- --- they did a very good job. During this project, Tiseo was very responsible because it met all of its schedules, got its punch list done, and wrapped the project up very quickly. In addition, Tiseo dealt with a lot of private utility issues, and really did a good job, particularly with AT&T. Tiseo will provide the best value for the City. Motion to approve- Marks; second by Schrag; motion passed with all ayes 5.4. Discuss and consider approving a resolution authorizing the city manager to execute a contract amendment with Austin Bridge & Road, L.P. for construction of Phase 1 of the South Colony Boulevard Grade Separation at the Sam Rayburn Tollway/SH 121 (Engineering, Scruggs) Gordon Scruggs reviewed the purpose for this contract amendment with Austin Bridge & Road, L.P., adjusting quantities shown in the original plans and specifications. The total cost of this amendment is $194,763.74 with construction cost funded at 100 percent by Denton County with Regional Toll Revenues (RTR) and TIRZ One. Motion to approve- Wade; second by Mikulec; motion passed with all ayes. 5.5. Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction contract for Pawsome Playground Dog Park to Wall _ Enterprises in the amount of $356,360 with funding provided by the Community Development Corporation (PARD, Morgan) City Council - Regular Meeting Agenda Meeting Date 4/19/2016 Page 5 Eve Morgan presented the construction contract for Pawsome Playground Dog Park to council. Motion to approve- Terre; second by Wade; motion passed with all ayes Executive Session was convened at 8.15 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 the Development Agreement, Ground Lease Agreement and related agreements with Marine Quest - Hidden Cove, L.P. and Plains Capital Bank concerning Hidden Cove Park. This item was pulled from the agenda and not discussed. 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 - Atlantic Colony Venture I, LLC and Atlantic Colony Venture II, LLC v. City of The Colony, Texas, et al., Cause No. 16-02219-442. [8:30 p.m. Councilmember Wade left the executive session prior to the discussion on Item B. He returned to the closed session at 8:50 p.m.] 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 - 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. D. 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 a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). E. Council shall convene into a closed executive session pursuant to Section 551.071 and 551.074 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney and to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Open Session was reconvened at 10.29 p.m. It 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 City Council - Regular :Meeting Agenda Meeting Date 4/19/2016 Page 6 B. Any action as a result of executive session regarding the pending or contemplated litigation - Atlantic Venture, LLC and Atlantic Colony Venture II, LLC v. City of The Colony, Texas, et al. No Action C. 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 D. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Motion to approve a performance agreement between The Colony Economic Development Corporation and Jackson ,Shaw on the terms as discussed in executive session- Marks; second by Mikulec; motion passed with all ayes 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 a contract with Christie Wilson for consulting services with the terms as discussed in executive session — Marks, second by Wade; motion passed with all ayes And with no further business to discuss the meeting was adjourned at 10:32 p.m. APPROVED: ST: Inat In lJ� Tina 'Stewart, TRMC Interim City Secretary e ,