HomeMy WebLinkAbout05/03/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION
HELD ON
MAY 3, 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 3rd day of May, 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:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS
1. Call to Order — 6:33 p.m.
1.1. Invocation — Richard Boyer
1.2. Pledge of Allegiance to the United States Flag
1.3. Salute to the Texas Flag
1.4. Proclamation: National Travel and Tourism Week May 1-7, 2016
(Communications, Baxter)
Mayor McCourry proclaimed May 1-7, 2016 as "National Travel and Tourism Week".
The proclamation was accepted by Communications and Tourism Director Diane Baxter
and Tourism Specialist Mariko Lanicek.
1.5. Proclamation: Motorcycle Safety and Awareness Month (Council)
Mayor McCourry proclaimed the month of May 2016 as "Motorcycle Safety and
Awareness Month. Proclamations were accepted by members of the Six Skulls, Bikers
for Christ and American Legion Riders.
1.6. Proclamation: National Bike Month (PARD, Morgan)
Mayor McCourry recognized the month of May as "National Bike Month, the week of
May 16-21 as Bike to Work Week and May 20th as Bike to Work Day". Eve Morgan
recognized members from the Shawnee Trails Cycling Club, Community Development
Corporation, and The Colony Police Department. Eve announced upcoming projects the
committee will be working on in the future. Doug Swantek, Vice President of Shawnee
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 5/3/2016
Page 2
Trails Cycling, provided an overview of the clubs organization and activities.
1.7. Proclamation: National Police Week 2016 (Police, Coulon)
Mayor McCourry proclaimed the week of May 15-21 as "National Police Week 2016 ".
The proclamation was accepted by employees of The Colony Police Department.
1.8. Proclamation: Eagle Scout Court of Honor for Christopher DeGrendele (Council)
Mayor McCourry recognized Christopher DeGrendele of Troop 1001 for his
achievement of Eagle Scout Court of Honor.
1.9. Presentation of Mayor's Monarch Pledge (General Admin, Perez)
Mayor McCourry presented the Mayor's Monarch Pledge. The pledge was accepted by
Linda Van Vraken of Keep The Colony Beautiful Board.
1.10. Mother's Opposing Bullying Presentation of Appreciation to City Council for
Support of MOB World Unity Festival and Run (General Admin, Shallenburger)
Belinda Ramsey of Mother's Opposing Bullying provided a video from the World Unity
Festival and Run held on April 2, 2016. She presented a certificate of appreciation to
Council.
Councilmember Terre asked if the Mother's Opposing Bullying organization would be
interested in hosting the event next year making it even bigger and better. Ms. Ramsey
stated she would be interested and hosting the event again.
1.11. Items of Community Interest
1.11.1. Presentation from the Library Director regarding current and upcoming programs,
events, and service improvements (Library, Sveinsson)
Library Director Joan Sveinsson provided upcoming events and activities to the council.
Councilmember Marks announced The Colony Community Center is hosting a Health
Fair on Friday May 6, 2016 for those 50 years and older from 9: 00 a.m. until noon. He
stated there would be a total of 25 vendors there providing a variety of services and
products.
Councilmember Marks inquired on the new bridge at South Colony intersection
regarding the traffic light issues. Director of Engineering Gordon Scruggs said staff was
looking into it.
Councilmember Schrag shared his concerns regarding the low turnout for voters in the
community. Mr. Schrag explained since The Colony and the City of Lewisville serve
some of the same residents, the city should make an effort to increase the city's lobbying
efforts with Lewisville Independent School District in order to encourage citizens to get
out and vote.
City Council - Regular Meeting Agenda
Meeting Date 5/3/2016
Page 3
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 a rental inspection program from the 2016 City Council Retreat (General
Admin, Perez)
Joe Perez presented the rental inspection program to Council. He stated the program
was initiated in 2005 requiring registration of all residential rental properties every
twelve calendar months. The rental program was in effect for six years, and was placed
on a temporary prohibition in 2011 per Council direction. Recently, staff performed
program comparisons with several surrounding cities. Approximately 1, 754 properties
within the city are rentals. Joe stated staff and board recommends the following on the
proposal: fee revisions requiring single or multi family inspections are changed from ten
or more years to a maximum of five years; to allow an annual rental registration fee of
$50.00 per unit; no fee accessed on the first inspection or follow-up inspection; and to
access fees on any additional re -inspections. Mr. Perez shared staff's recommendation
is for the addition of a building inspector and administrative assistant assigned primarily
to administer the program with a total estimated cost of $120,000.00.
Council provided discussion on the matter. Mayor agrees additional personnel are
needed .for the program. However, he explained the current substantial situation of
building inspection complaints from residence is a higher priority and outweighs this
program. Mayor advises staff to not move forward at this time.
Councilmember Terre stated he would be in support of the program and shared his
understanding of the program for single families. He explained once renter A moves out
of the property, renter B should be allowed to have a rental inspection prior to moving
in.
2.2. Discuss and provide direction to staff regarding the adoption of an amendment to
the Code of Ordinances, Chapter 6, Article VI, by adding Section 6-170, Entitled
"Variance for Dogs on Premises of a Food Establishment (General Admin, Perez)
Joe Perez presented the proposed adoption amending the Code of Ordinance to Council.
He stated the current ordinance prohibits dogs other than service animals within food
establishments. The Texas Food Establishment Regulation provides for a suggested
variance process and regulations to allow dogs in the patio areas of food establishments.
Joe explained the food establishment must provide a separate entrance from the outside,
so that a dog will have direct access to the patio without entering the interior of the food
establishment. A sign must be posted at the front entrance of the food establishment, and
no food preparation, including mixing of drinks or serving ice may be performed on the
outside patio. Joe stated a food establishment could apply for the annual permit or the
adoption fee of $100.00 to $150.00. The Health Authority will have the authority to
approve, deny or revoke an application.
City Council - Regular Meeting Agenda
Meeting Date 5/3/2016
Page 4
Council provided discussion on the item. Mayor asked staff to consider reviewing the
language of the ordinance and to come back with samples of the proposed ordinance.
Councilmember Marks left the meeting at 7:45 p.m. and returned at 7:47 p.m.
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.
1. Jenny Proznik shared her concerns regarding the Lewisville School Board
Election.
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.
4.2. Consider approving City Council expenditures for the month of March 2016
(Council)
4.3. Consider approving a resolution authorizing the City Manager to terminate the
Boathouse Development Agreement (Development Services, Joyce)
4.4. Consider approving an ordinance amending the Fiscal Year 2015-2016 :Municipal
Budget for the purpose of drainage improvements on West Shore Drive in Eastvale
(Engineering, Scruggs)
Motion to approve all items from consent- Marks; second by Schrag; motion passed with all
ayes
4.1. Consider approving City Council meeting minutes for April 19, 2016 (Interim City
Secretary, Stewart)
City Attorney Jeff Moore pulled item 4.1 from the consent agenda for separate consideration.
Motion to approve city council meeting minutes with revised language on Item No. 5.3. -
Marks, second by Schrag; motion: passed with all ayes
City Council - Regular Meeting Agenda
Meeting Date 5/3/2016
Page 5
5.0 REGULAR AGENDA ITEMS
5.1. Discuss and consider approving an ordinance authorizing a Development Plan
allowing The Shacks at Austin Ranch, a combination of retail and restaurant
buildings on 1.494 -acre parcel of land located at the southeast corner of Plano
Parkway and Windhaven Parkway in the Planned Development 22 (PD -22 — Austin
Ranch) Zoning District (Development Services, Joyce)
Mike Joyce reviewed the development plan for The Shacks at Austin Ranch. Ile advised
Council of the parking, landscaping, and proposed site plan regulations. The
Development Review Committee finds that the Development Plan meets all applicable
requirements, and Planning and Zoning recommended approval.
Motion to approve- Mikulec, second by Wade; motion passed with all aye&
5.2. Discuss and consider appointing members to the new City Hall Building Committee
(Council)
Mayor announced the continuation of the Facilities Committee for the new city hall
building. He stated the committee would consist of the following members:
• City Manager Troy Powell
• Interim City Secretary Tina Stewart
• All City Council
• Mayor and Councilmember Boyer as co-chair
All meetings will be posted according to the Texas Government Code Section 551.041
"Notice of Meeting Required" of the Open Meetings Act.
Councilmember Mikulec left the regular session meeting at 8:09 p.m.
5.3. Discuss and consider appointing members to the new Athletic Practice Field
Committee (Council)
Mayor announced the committee would consist of the following:
• Councilmember Terre
• Councilmember Wade
• 2 members of the Community Development Corporation
• Member of the Executive Staff assigned by City Manager Troy Powell and a staff
liaison
Mayor asked Councilmember Wade to contact the League Association to assist with
committee members. Once names have been collected the Interim City Secretary Tina
Stewart will be responsible.for notifying all members on upcoming meetings.
Executive Session was convened at 8:11 p.m.
City Council - Regular Meeting Agenda
Meeting Date 5/3/2016
Page 6
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 permissible uses of the Type B sales tax revenue.
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.
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 551.074
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 10:26 p.m.
6.2. A. Any action as a result of executive session regarding permissible uses of the Type
B sales tax revenue.
No Action
B. 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
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 the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Secretary.
City Council - Regular Meeting Agenda
Meeting Date 5/3/2016
Page 7
— - No Action
And with no fiu-ther business to discuss the meeting was adjourned at 10:27 p.m.
APPROVED:
J e Mc o ,:Mayor
ity of The Colony
ATTEST:
Av-�j C4
Tina Stewart, TRMC
Interim City Secretary