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Home My WebLink About06/07/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON JUNE 7, 2016 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:31 p.m. on the 7th day of June, 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 Absent (Personal) Present Present Present Absent (Personal) Present Present And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1. Call to Order — 6:31 p.m. 1.1. Invocation — Perry Schrag 1.2. Pledge of Allegiance to the United States Flag 1.3. Salute to the Texas Flag 1.4. City to use seized federal forfeiture funds to pay city's portion for a county law enforcement memorial (Police, Coulon) Police Chief David Coulon briefed Council on the County Law Enforcement Memorial Project. He stated the City of The Colony will partner with other cities to split the cost honoring the country's past and future ofcers killed in the line of duty. The Colony's share is $2,500.00 that will come from a seizure fund that allows for this type of expense. 1.5. Announce The Colony Designation as Playful City USA for 2016 (PARD, Swain) David Swain, Recreation Manager, announced The Colony Designation as Playful City USA for 2016. 1.6. Items of Community Interest 1.6.1. Presentation from the Library Director regarding current and upcoming programs, events, and service improvements (Library, Sveinsson) Joan Sveinsson provided current and upcoming programs, events and services improvements to the Council. _ 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 06/07/2016 Pagel 2 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. Presentation from SPAN on The Colony's ridership for the 2015/16 Budget Year and the 2016/17 Budget Year (General Admin, Perez) Joe Perez introduced Max Calder, Mobility Manager with SPAN. Mr. Calder provided an overview and explained the Fiscal Year 2016's ridership program has increased more than last year's budget forecast. For Fiscal year 2017, SPAN is proposing a lower trip rate of $11.22 to sustain increased volume of service which is due to high efficiency in The Colony. Mr. Calder compared the current 2015-16 service agreement details to the proposed 2016-17 service agreement details to Council. 2.2. Discuss route and street closure for 5K Run from Hawaiian Falls (Engineering, Scruggs) Engineering Director Gordon Scruggs provided an update on street closures for the SK Run from Hawaiian Falls scheduled for Saturday July 23, 2016. Councilmember Mikulec advised staff to add the notification to social media for advertisement. Councilmember Boyer suggested adding barricades at the entry behind Home Depot. Mr. Scruggs said staff would take care of it. 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 city council meeting minutes for May 17, 2016 (Interim City Secretary, Stewart) 4.2. Consider approving council expenditures for the month of April 2016 (Council) 4.3. Consider approving an ordinance amending the Fiscal Year 2015-2016 Budget for the purchase of Police and Detention Officer Tasers (Police, Coulon) City Council — Regular Meeting Agenda Meeting Date 06/07/2016 Pagel 3 4.4. Consider approving an ordinance amending the Fiscal Year 2015-2016 Municipal Budget for the purpose of Metering Wastewater in Austin Ranch (Engineering, Scruggs) Motion to approve all items from consent- Schrag; second by Wade; motion passed with all ayes. 5.0 REGULAR AGENDA ITEMS 5.1. Discuss and consider approving an ordinance amending Appendix A, Section 1OD- 700, of the Code of Ordinances, entitled "TEMPORARY USE DEFINITIONS"; by amending the definition of "SPECIAL EVENTS"; and amending Appendix A, Section 1OD-2800 of the Code of Ordinances, entitled "SPECIAL EVENTS," by amending Subsection (A), entitled "EXAMPLES", by redefining examples of Special Events (General Admin, Shallenburger) Item pulled from agenda with no discussion. 5.2. Discuss and consider an ordinance approving a Site Plan Amendment allowing alternate building material on proposed La Quinta Limited Service Hotel located at 3750 Market Street (Development Services, Joyce) Mike Joyce reviewed the site plan amendment.for La Quinta Limited Service Hotel. He advised the four story 80 -room site previously proposed 75% stucco and rest bricklstone construction on the building exterior. Mr. Joyce stated the applicant would like to now use tiles and stucco for 75% of exterior material and maintain 25% brick for their corporate branding. The Development Review Committee finds that the Development Plan meets all applicable requirements, and Planning and Zoning recommended approval. Councilmember Marks asked how long the material would last according to what was used previously. Mr. Joyce stated the material is more durable and should last just as long if not longer. Mr. Marks also asked if the change in the previous proposal was due to a corporate change. Mr. Joyce stated the request_for the change was from corporate. Motion to approve- Marks; second by Wade; motion passed with all ayes 5.3. Discuss and consider an ordinance approving a Site Plan Amendment to reduce the length of perimeter screening wall for the proposed Service King, an automobile body shop, located at 5270 Memorial Drive, west of Budget Suites, north of the existing Firestone Tire and Vehicle Service Center in the Business Park (BP) Zoning District (Development Services, Joyce) Mr. Joyce reviewed the site plan amendment for Service King. He stated the applicant proposed to reduce the length of perimeter screening wall fencing. Due to resulting lack of visibility, the applicant is requesting to move the wall back to the edge of the building itself, and not build a portion of the screening wall towards the front of the building. The City Council — Regular Meeting Agenda Meeting Date 06/07/2016 Pagel 4 Development Review Committee finds that the Development Plan meets all applicable requirements, and Planning and "Zoning recommended approval. Councilmember Wade inquired on the masonry wall or fencing for the proposed property. Matt Moore with Clay Moore Engineering of Denton stated fencing would be across the fire lanes of the property. He explained the proposed amendment would have the same concept as the original plan, but their request is to reduce the length of the wall at the front property line, while screening the bay doors to secure vehicle on the property. Motion to approve- Boyer; second by Wade; motion passed with all ayes 5.4. Discuss and consider an ordinance approving a Development Plan to allow Village at The Pointe, a residential town home development on 12.5 acre land located near the southwest corner of Memorial Drive and S. Colony Blvd. approximately 300 feet west of the intersection, within the Planned Development 16 (PD 16) aka the Cascades Planned Development zoning district (Development Services, Joyce) Mike Joyce reviewed the development plan for Village at The Pointe. He advised Council of the parking, landscaping, and proposed development plan regulations. The Development Review Committee finds that the Development Plan meets all applicable requirements, and Planning and Zoning recommended approval. Councilmember Boyer inquired on the timeframe to begin construction of this project during the widening on Memorial Drive. Gordon Scruggs stated the access for the development plan would be through S. Colony Boulevard during the Memorial construction. Mr. Boyer suggested _for the access to be on South Colony during the morning and afternoon to avoid traffic congestion. Motion to approve- Schrag; second by Wade; motion passed with all ayes 5.5. Discuss and consider approving a resolution authorizing the City Manager to execute an Engineering Contract Amendment No. 3 for additional services on FM 423 Utility Relocations (Engineering, Scruggs) Gordon Scruggs presented the proposed Engineering Contract Amendment No. 3 to Council. He stated the contractors hired a separate sub -contractor to complete the utility work due to the quality of work performed. Staff request_for Halff Associates to play a greater role in the project by performing on-site monitoring, inspections and assist with change order request from their contractor Webber, LLC due to private utility conflicts. The amount budgeted for the contract amendment is for an additional $127,360. Mr. Scruggs said this project is 100% funded by Denton County and Regional Toll Revenues from the tolling of State Highway 121. Council provided discussion on the matter. City Manager Troy Powell explained the money necessarily doesn't have to be spent. He stated money spent isn't being taking away.from another project. The fund is allocated from the Regional Toll Revenue_funds City Council — Regular Meeting Agenda Meeting Date 06/07/2016 Pagel 5 and not the General fund. The fund is there to cover change orders on an as needed basis. Mr. Powell added that the City is hiring someone to supervise the work that is -- being done correctly. Motion to approve- Schrag; second by Marks; motion: passed with all ayes with Councilmember Boyer voting no. 5.6. Discuss and consider cancelling or rescheduling the June 21, 2016 city council meeting and provide direction to staff (Council) Council provided discussion on the matter and agreed to table item until June 13, 2016 Special Session meeting. Motion to table item and add to the June 13th Special Meeting- Schrag; second by Boyer; motion passed with all ayes. Executive Session was convened at 7:52 p.m. 6.0 EXECUTIVE SESSION 6.1. A. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code 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). Item pulled from agenda with no discussion. 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 1, LLC and Atlantic Colony Venture Il, LLC v. City of The Colony, Texas, et al., Cause No. 16-02219- 442. Item pulled from agenda with no discussion. 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, SOAR Docket No. 473-16-1119, PLIC Docket 45175. Item pulled from agenda with no discussion. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. City Council — Regular Meeting Agenda Meeting Date 06/07/2016 Pagel 6 Open Session was reconvened at 8:15 p.m. 6.2. A. 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). No Discussion 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 Discussion 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 Discussion 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 Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the above items may be considered in executive session closed to the public, including but not limited to consultation with attorney pursuant to Texas Government Code Section 551.071 and Section 551.074 arising out of the attorney's ethical duty to advise the city concerning legal issues arising from an agenda item. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. And with no further business to discuss the meeting was adjourned at 8:16 p.m. AT7 ** G� Tina Stewart, TRMC Interim City Secretary Kirk Mikuli City of The