HomeMy WebLinkAbout06/21/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION
HELD ON
JUNE 21, 2016
The Regular Session of the City Council of the City of The Colony, Texas, was called to
order at 6:37 p.m. on the 21`t 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
Present
Present
Absent (Personal)
Present
Present
Present
Present
And with six council members present a quorum was established and the following items were
addressed:
l.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS
1. Call to Order — 6:37 p.m.
1.1. Invocation — David Terre
1.2. Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.3. Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.4. Recognition of Horizons Church Rev. Brian Bradford (General Admin, Perez)
Joe Perez recognized Pastor Brian Bradford of Horizons Church for his dedication to the
community and for his service as Police Chaplain for the City of The Colony. Mayor
McCourry presented an award to Pastor Bradford for his commitment and hard work.
Mr. Perez accepted the award in Pastor Bradford's absence.
1.5. Items of Community Interest
1.5.1. Receive presentation from Parks and Recreation regarding upcoming events and
activities (PARD, Stansell)
Lindsey Stansell provided upcoming events and activities to the council.
Parks and Recreation Director Pam Nelson recognized City employee Stephen Stark for
his heroic efforts to assist and protect unattended children at two local parks in the
community. Ms. Nelson and City Manager Troy Powell presented Mr. Starks with tokens
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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of appreciation for his exemplary actions taken on June 7, 2016.
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 Denton County Appraisal District regarding the property tax
appraisal process (Council, Terre)
Councilmember Terre recognized members of the Denton County Appraisal District to
Council. Chief Appraisal Director and Mayor of the City of Lewisville Rudy Durham
introduced Deputy Chief Appraiser George Clerihew and Deputy Chief of Administration
Kathy Williams. Mr. Clerihew provided a brief update on the following:
1. Property Tax Appraisal Values
• Four Main Phase Cycle -evaluation of universal properties
✓ Appraisal District Phase (Jan - April)
✓ Equalization Phase (May - July)
✓ Assessment Phase (Jul - Sept)
✓ Collection Phase (Oct - Jan)
2. Market Activity
• New Construction Building Permits 2015 (Residential and Commercial
Properties) - 8,080 new permits received _
• Average Homestead Value Denton County - $285,861 up 12%
• Average Homestead Value The Colony - $224,673 up 15%
• Average Home Price Denton County in 2011 was $219,000 and 2016 is
$312,000
• Average Home Price The Colony in 2011 was $147,602 and in 2016 is
$234,333
• 2015 50% of homes sold in The Colony the price ranged from $150, 00 to
$250,000
• Overall in 2015 the appraisal roll for Denton County was up 17% and for
The Colony up 26%
3. Protest Information
• Denton County - 66,399 residents filed for protest in 2016; approximately
16% total accounts that make up the district
• The Colony - 2,752 residents filed for protest in 2016: 4% of total overall
and approximately 19% total accounts from The Colony
• Efile - 15,411 residents filed for protest in 2016; 60% increase from
2015; a total of 14,000 residents equaled 91%, were provided value
settlement offers; and 9, 000 residents have accepted those offers
Councilmember Mikulec asked if there was a maximum percentage increase on a — -
residential property value at 100% market value. Mr. Clerihew explained on homestead
properties, the market value will go up or down, but the appraised taxable value cannot
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go up more than 10%from one year to the next.
Mayor asked if the Appraisal District would consider and factor in resident
qualifications and evaluate the property sales in the area. Mr. Clerihew stated the
district has access to multiple listing services or classification sources in retrieving
resident's information.
Mayor asked during protest periods, if citizens receive appraisal notices up to 10%, will
there be an opportunity to come in and discuss options. Mr. Clerihew strongly advised
citizens to come in the office within the first two -three week period of receiving appraisal
notices, Monday through Friday between the hours of 8 a.m. and 5:00 p.m. Mr.
Clerihew asked for residents to submit supporting documentation that could affect the
value of the property. He strongly recommended citizens to file a protest form regardless
of being sure or unsure of a decision.
2.2. Discussion of Utility Surcharge for the Plano Water Service Area (City Manager,
Maurina)
Assistant City Manager of Operations Tod Maurina presented this item to Council. He
stated there are two sources of water serving the City of The Colony the one that is being
discussed involves our contractual agreement with the City of Plano. The city is charged
wholesale rates and services primarily the Austin Ranch area and extends service East of
the Burlington Northern Santa Fe Railroad tracks within the city's limits. The water to
service this area is approximately $.90 to $.94 cent per thousand gallons higher than the
water that supplies the rest of The Colony creating a deficient of approximately
$135, 000. 00 per year. The long term strategy is to add the overall difference of the
surcharge cost to customers utility bills in the Austin Ranch area which would be
calculated on a volume used basis. Currently the contract between the City of The
Colony and the City of Plano prohibits the The Colony from building their own water
tower.
City Manager Troy Powell stated this item will be discussed during upcoming budget
meeting discussions.
2.3. Update on the Water Tower Rehabilitation located on North Colony Boulevard
(Water Distribution, Groeschel)
Evan Groeschel presented the water tank structural rehabilitation item to Council.
Council provided discussion and advised staff to be consistent and move forward with
adding the City logo to the water tower.
2.4. Discussion on the Children's Advocacy Center of Denton County support request
for FY 2016-17 (Finance, Cranford)
This item was pulled from the agenda and not discussed.
2.5. Discuss the Special Events Budget and Grant Fund Requests seeking input from
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Council for the 2016-17 Budget (General Admin, Shallenburger)
Brant Shallenburger briefed Council on the Special Events budget and grant fund
requests for 2016-2017. Mayor advised to bring agenda item back at a future meeting
date.
2.6. Discuss and provide direction to staff regarding the current policy in regards to use
of alcohol on City property and any possible changes thereto. (General Admin,
Shallenburger)
This item was pulled from the agenda and not discussed.
2.7. 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 provided an update on this item and stated the following updates:
• Assessment of variance fee $100.00 - $150.00
• No preparation or service of food, mixed drinks or ice on patios near animals
• Variance renewal to run concurrent with renewal of health permits
Councilmember Marks asked for clarification regarding the mixing of alcohol and
having dogs on patios. Mr. Perez explained there has to be some tractable separation _
from the bar and where animals will be. This item will be brought back on a future
agenda for approval.
2.8. 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 Special Session meeting minutes for June 6, 2016,
City Council Regular Session meeting minutes for June 7, 2016, and City Council
Special Session meeting minutes for June 13, 2016 (Interim City Secretary, Stewart)
Motion to approve all items from consent- Marks, second by Wade; motion passed with
all ayes
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5.0 REGULAR AGENDA ITEMS
5.1. Conduct a public hearing, discuss and consider an ordinance approving Specific
Use Permit (SUP) to allow a limited service hotel, Woodspring Suites, to be located
on a 3.22 acre tract of land along west side of S. Colony Blvd, approximately 500'
south of Memorial Drive within Planned Development 16 (PD 16) aka the Cascades
Planned Development zoning district (Development Services, Scruggs)
This item was pulled from the agenda and not discussed.
5.2. Conduct a public hearing, discuss and consider an ordinance approving a Specific
Use Permit (SUP) to allow EIFS exterior construction on a proposed limited service
hotel, Woodspring Suites, to be located on a 3.22 acre tract of land along west side
of S. Colony Blvd, approximately 500' south of Memorial Drive within Planned
Development 16 (PD 16) aka the Cascades Planned Development zoning district
(Development Services, Scruggs)
This item was pulled from the agenda and not discussed.
5.3. Discuss and consider an ordinance approving a Site Plan to allow Victory at The
Colony, a retail/restaurant complex with three buildings totaling 48,150 square feet
on a 5.684 -acre parcel of land located on SH 121, east of Top Golf and west of
Firestone, within the Business Park (BP) zoning district (Development Services,
Scruggs)
Engineering Director Gordon Scruggs reviewed the site plan to allow Victory at The
Colony. He stated the applicant is proposing three retail/restaurant buildings 26,150,
11,500 and 10,500 in square feet respectfully in size. Mr. Scruggs 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.
Mayor asked if there were letters received from surrounding property owners regarding
the shared parking agreement. Kris Rimiji Chief Operating Officer Victory Real Estate
Group stated no letters received, but they are willing to develop only the middle building
in order to reduce parking issues and balance out tenancies in the shopping strip center.
Mayor asked City Attorney Jeff Moore if Council could move forward with approving
only a part of the proposed site plan. Mr. Moore explained Council could approve this
item with stipulations relative to parking per the Code of Ordinances. Mr. Scruggs
suggested a note would be required stating building permits could not be issued until a
parking agreement is in place.
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Motion to approve rictory at The Colony Site Plan, but with the stipulation that before
building permits can be issued for either of the front Southern buildings, the underage
of parking spaces will need to be addressed with either an agreement with the
neighboring businesses, or with bringing the parking up to current requirements-
Schrag, second by Mikulec; motion passed with all ayes
5.4. Discuss and consider approving a resolution authorizing the City :Manager to
execute an agreement for additional payment locations for water utility customers
by Fidelity Express, allowing water utility customers to pay at Fidelity Express
payment locations including Kroger Stores (Customer Services, Owczar)
This item was pulled from the agenda and not discussed.
Executive Session was convened at 8:25 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
pending or contemplated litigation - Atlantic Colony Venture I, LLC and Atlantic
Colony Venture I1, LLC v. City of The Colony, Texas, et al., Cause No. 16-02219-
442.
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 - 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.
C. 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.
Open Session was reconvened at 10:21 p.m.
6.2. A. 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
B. 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
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C. 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
it
TF,
SEAL
A'
business to discuss the meeting was adjourned at 10:22 p.m.
Tina Stewart, TRMC
Interim City Secretary
APPROVED:
v
J e McCou , Mayor
City of The Colony