HomeMy WebLinkAbout05/17/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION
HELD ON
MAY 17, 2016
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:30 p.m. on the 17th day of May, 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 (6:32 p.m.)
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 — 6:30 p.m.
1.1. Invocation — Horizon's Church
1.2. Pledge of Allegiance to the United States Flag
1.3. Salute to the Texas Flag
Councilmember Schrag arrived at 6:32 p. m.
1.4. Recognize Girl Scout Troop 4723 for recent Tree Planting Project (General Admin,
Perez)
Joe Perez recognized Girl Scout Troop 4723 for their recent Tree Planting Project.
Mayor presented a Certificate of Recognition to camp leader Judy .Smith and the
participants for their support and contribution to the City of The Colony Tree City USA
Designation.
1.5. Recognize The Colony High School Students for participation in the April 2016
Leadership Program Day (General Admin, Perez)
Joe Perez recognized The Colony High School Students for their participation in the
April 2016 Leadership Program Day held at City Hall.
- — 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.
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1.6. Recognize The Colony Firefighter's Trent Caldwell, Justyn Fraize, and Jeff Luse
for their participation in the Georgia Smoke Diver Program (Fire, Thompson)
Mayor presented a Certificate of Appreciation to The Colony Firefighter's Trent
Caldwell, Justyn Fraize and Jeff Luse for their participation in the Georgia .Smoke Diver
Program.
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 Terre announced early voting has begun and asked everyone to get out
and exercise their right to vote.
Councilmember Schrag acknowledged early voting this week and announced the low
turnout of voters. He reiterated the need to get the word out to citizens to vote.
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. Discussion with Michelle French with the Denton County Tax Assessors Officf "
(Assistant City Manager, Miller)
Michelle French provided updates regarding the Denton County Tax Assessors Office to
Council. She stated Denton County Tax Assessors Office will not reallocate their staff
from The Colony office. They will continue services at The Colony's location to assist
citizens in area. Ms. French briefed Council on current and forthcoming challenges and
options to assist citizens when renewing their registration. She provided the following
alternatives as a proposal to Municipalities for online services:
• Adding Sub -contractors within the Municipalities to handle registrations only
• Adding online registration services to Library computers
• Adding the Denton County Tax Assessors Office link to the city's website
Council provided discussion on the matter Mayor did advise Mrs. French that the City
is unable to commit city staff/services for subcontracting at this time. However, Mayor is
in favor of Denton County Tax Assessors office adding computers in the Library as well
as adding the Department of Motor Vehicle's link to the city's website. Both
Councilmember Mikulec and Terre spoke in agreement of the proposal.
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2.2. Discuss and provide direction to staff regarding camping fees and policies at
Stewart Creek Park (PARD, Nelson)
Director of Parks and Recreation Pam Nelson presented the camping fees and policies at
.Stewart Creek Park to Council. She stated the park generates $15, 000 to $20, 000 yearly
on tent camping. The City enforces the Core of Engineers 14 -day stay limit in a 30 day
period. Ms. Nelson said the rate structure overall is low compared to other lakes in the
area. She briefed Council on camping issues related to those campers using tents verses
RVs, and provided the following options to consider:
1. Raise R V camping fees
2. Keep RV site and improve
3. Implement non-resident camping fee
4. Implement a more restrictive limit on length of stay
S. Amend ordinance to provide definition of type of "vehicle/camping unit" allowed
for overnight use
Council convened into Executive Session to discuss Item 2.2 at 7:15 p.m. and reconvened at
7.29 p.m.
Councilmember Mikulec requested options number 1, 3, 4 and S be considered Councilmember
Boyer purposed to look into how the City can eliminate campers who are extending their stay in
the park. Mr. Boyer said to limit the stay to possibly 3 days with a renewal to avoid full time living.
_ The council provided discussions on this item with a recommendation for staff to return with more
define limitation and expectations relative to our partnership with the Core of Engineers.
2.3. Discuss and provide direction to staff regarding Crown Castle Mini Cell Tower
Facilities (Development Services, Joyce)
Director of Engineering Gordon Scruggs presented a negotiated license agreement
regarding Crown Castle Mini Cell Tower Facilities to Council. He explained the mini
cell towers are small cell sites that are placed in the right-of-way and private parking
lots The service will provide increase capacity and serve faster, more reliable data and
voice services to customers of Verizon, AT&T, and Sprint. Mr. Scruggs stated Crown
Castle has offered to allow the City to use fiber and there be a rental fee accessed for
using the right-of-ways.
Mandy Derr with Crown Castle presented an overview on the foundation of Crown
Castle. He explained there will be ten nodes in The Colony right-of-way and eight nodes
in TxDOT right-of-way along the service road of State Highway 121 in the Grandscape
area. Mr. Derr said the most cost effective way to implement the process quickly would
be to install the standalone nodes near Hawaiian Falls. He stated the wireless carrier
would propose a license agreement which is a ten year agreement with 3 five year
renewal options. Each node will be operated and maintained by the network. Council
provided discussion on this item and made a recommendation to staff to move forward
with the proposal.
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Councilmember Schrag left the meeting at 8:15 p. m. and returned at 8:30 p.m.
2.4. Council to provide direction to staff regarding future agenda items (Council)
Councilmember Boyer requested a future agenda item regarding Denton County
overview process on property appraisals.
Councilmember Marks acknowledge City staff on their outstanding response time
regarding the traffic lights on the new bridge located at South Colony and Memorial.
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 city council meeting minutes for May 3, 2016 (Interim City
Secretary, Stewart)
4.2. Consider approving an ordinance of a Negotiated Settlement between Atmos Cities
Steering Committee and Atmos Energy Corp., Mid -Tex Division regarding the
company's 2016 Rate Review (Finance, Cranford)
4.3. Consider approving a resolution authorizing the City Manager to execute an
Encroachment / License Agreement for use of City Property by an adjacent
property owner generally located at 3 Holden Circle (Engineering, Scruggs)
Motion to approve all items from consent- Schrag; second by Marks; motion passed with all
ayes.
5.0 REGULAR AGENDA ITEMS
5.1. Conduct a public hearing, discuss and consider an ordinance adopting the
Standards of Care Policy for Day Camp Programs (PARD, Swain)
Recreation Manager David Swain introduced Recreation Coordinator Amber Downing
with the Parks and Recreation Department. Amber presented the proposed ordinance
adopting the Standards of Care Policy for Day Camp Programs to Council.
Councilmember Terre recognized David Swain for tenure with the City of The Colony
Motion to approve- Marks, second by Boyer; motion passed with all ayes.
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5.2. Discuss and consider approving a resolution authorizing the City Manager to
execute a contract amendment with CD Builders, Inc. for Phase 5 Residential Street
re -construction (Engineering, Scruggs)
Gordon Scruggs presented the proposed contract amendment with CD Builders, Inc. for
the removal of improvements associated with Ragan Road. He stated Regan Road may
be a part of the rebid project for the Phase 6 Residential Street Reconstruction later this
year.
Councilmember Marks inquired on the cost of the reconstruction. Mr. Scruggs stated the
project would increase slightly. Director of Government Relations Brant Shallenburger
explained Ragan Road construction project was a part of the original plan, but would not
be completed in a timely manner.
Motion to approve- Wade, second by Boyer, motion passed with all ayes.
Executive Session was convened at 8:33 p.m.
6.0 EXECUTIVE SESSION
6.1. A. Council shall into 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 against Budget Suites Hotel located at 5289 S.H.
121, The Colony, Texas.
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 9:43 p.m.
6.2. A. Any action as a result of executive session regarding pending or contemplated
litigation against Budget Suites Hotel located at 5289 S.H. 121, The Colony, Texas.
No Action
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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 the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Secretary.
No Action
ADJOURNMENT
And with no further business to discuss the meeting was adjourned at 9:45 p.m.
A ST:
Tina Stewart, TRMC
Interim City Secretary
APPROVED:
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