HomeMy WebLinkAbout07/19/2016 City Council MINUTES OF COUNCIL REGULAR SESSION
HELD ON
JULY 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 July, 2016, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Joe McCourry Mayor Present
Kirk Mikulec Mayor Pro-Tern Absent (Business)
Richard Boyer Councilmember Present
Brian R. Wade Councilmember Present
David Terre Councilmember Present
Perry Schrag Councilmember Present
Joel Marks Councilmember 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— 6:33 p.m.
1.1. Invocation— The Journey Baptist Church
— - 1.2. Pledge of Allegiance to the United States Flag
1.3. Salute to the Texas Flag
1.4. Items of Community Interest
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. Council to provide direction to staff regarding future agenda items (Council)
Councilmember Boyer announced in observance of National Night Out, the next City
Council Regular Session meeting will be held on Monday August 1, 2016 instead of
Tuesday August 2, 2016.
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
_ 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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Meeting Date 07/19/2016
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submit a Request Form to the City Secretary.
1. Dan Alexander spoke concerning a boarding home in his neighborhood.
2. Jeani Maciejack spoke concerning a group home near Northpointe Drive.
Assistant City Manager stated that this topic would be on the next agenda for
discussion.
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 minutes and City Council
Regular Session minutes for July 5,2016 (Interim City Secretary, Stewart)
4.2. Consider approving a budget amendment ordinance amending the Municipal
Budget for FY 2015-16 in the amount of $11,756 for Public Safety cash awards
(Finance, Cranford)
4.3. Consider approving a resolution authorizing the City Manager to reject the bids
for the Memorial Widening Project (Engineering, Scruggs)
Motion to approve all items from consent- Schrag; second by Boyer; motion passed with all
ayes.
4.4. Consider approving a resolution authorizing the City Manager to approve an
amendment to the Option and Lease Agreement with AT&T Wireless for cellular
equipment on the Clover Valley Water Tower(Engineering, Scruggs)
This item was pulled from the agenda and not discussed.
5.0 REGULAR AGENDA ITEMS
5.1. Conduct a public hearing, discuss and consider an ordinance approving a 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 South 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 South Colony Blvd., approximately 500' south of Memorial Drive within Planner
Development 16 (PD 16) aka the Cascades Planned Development Zoning Distric
(Development Services, Scruggs)
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Meeting Date 07/19/2016
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This item was pulled from the agenda and not discussed.
5.3. Discuss and consider an ordinance approving a Site Plan amendment to allow
Scooters Coffee, a 458 square foot drive-through coffee kiosk on Lot 2R, Colony
Corners Addition on a vacant pad next to the existing strip center located at the
southeast corner of Main Street and South Colony Blvd. within General Retail
(GR)zoning district(Development Services, Scruggs)
Director of Engineering Gordon Scruggs reviewed the location, elevations, landscape,
and parking for the Site Plan Amendment for Scooters Coffee Kiosk. Mr. Scruggs
stated the applicant proposes to use the existing mutual easement, modifying it into to
a drive-through lane. He stated the store will operate between 6 a.m. and 7:00 p.m.
with peak store hours occurring between 6:00 a.m. to 9:30 a.m. The Planning and
Zoning Commission recommended approval.
Council provided discussion on this item and moved forward with a motion.
Motion to approve-Marks;second by Wade; motion passed with all ayes with Boyer voting no.
5.4. Discuss and consider approving a resolution authorizing the City Manager to
execute a Public Way Use agreement for Fiber-Based Small Cell Network with
Crown Castle NG Central LLC (Engineering, Scruggs)
Mr. Scruggs reviewed the proposed resolution to Council. He stated the small cell
sites will provide increase capacity, ,faster service, more reliable data and voice
services to more people. Mr. Scruggs said the network will be located in Grandscape
and State Highway 121 corridor area. The system will be fiber-based with 18 node
poles placed within public rights-of-way. Mr. Scruggs touched on the major points of
the agreement as follows:
• Crown Castle must submit a right-of-way use information form and all plans
must be approved by City prior to construction
• Facilities must be relocated at no cost to the City for any future City
improvements in the right-of-way
• All conduits will be underground except when placed on existing utility poles
• Crown Castle will pay the City an annual fee of$1,200 per node
• The annual fee will increase to $1,700 per node in 180 days if an agreement
has not been reached for the City to use four strands of fiber
Council provided discussion on this item and moved forward with a motion.
Motion to approve the Public Way Use Agreement with Crown Castle using the revised
Exhibit B, Node Locations as presented by staff- Terre; second by Wade; motion passed with
all ayes.
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5.5. Discuss and consider approving a resolution authorizing the City Manager to
execute the Purchase and Installation of a new traffic light at Bargain Way and
Nebraska Furniture Mart Drive from Mel's Electric L.P. in the amount of
$226,132.00 (Assistant City Manager, Maurina)
Gordon Scruggs reviewed the proposed resolution to allow the purchase and
installation of a new traffic light by Mel's Electric L.P. to Council.
Motion to approve-Marks;second by Wade;motion passed with all ayes.
5.6. Discuss the proposed 2016-17 Tax Rate not to exceed $.6675 per $100 valuation
for the taxable value of all real and personal property located within the City of
The Colony to be adopted on September 20, 2016 and schedule public hearings
on the proposed tax rate to be held August 16 and September 6, 2016 (Finance,
Cranford)
Assistant City Manager of Administration Tim Miller reviewed the proposed 2016-17
Tax Rate to Council. Mr. Miller said the preliminary budget will be brought before
Council in August. He stated the past fifteen to sixteen years there has been a quarter
cent decrease in revenue. Mr. Miller explained the quarter cent decrease equals to a
$70,000 reduction in revenue. He stated with the increase in capital with road
projects, the City of The Colony is steadily growing. Staff feels that it is important to _
keep the revenue and invest it back into the community.
Councilmember Marks acknowledged how the City of The Colony is growing, moving
forward and yet still able to lower taxes.
Motion to approve August 16 and September 6, 2016 as public hearing dates for the proposed
2016-17 Tax Rate-Schrag;second by Wade; motion passed with all ayes.
Executive Session was convened at 7:11 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 — Police Department
Gun Range construction matter.
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.
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C. Council shall convene into a closed executive session pursuant to Section
551.071 of 551.074 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 EIectric 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 deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the
City Secretary.
Open Session was reconvened at 8:18 p.m.
6.2. A. Any action as a result of executive session regarding pending or
contemplated litigation—Police Department Gun Range construction matter.
No Action
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
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 8:18 p.m.
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,;��� OF T City Council - Regular Meeting Agenda
i„.C>. ,"_ Meeting Date 07/19/2016
V` 's _ Pagel 6
Y' i APPROVED:
TEXAS.
J McCo rry, Mayor
ity of The Colony
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Tina tewart, TRMC
Interim City Secretary