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Home My WebLink About08/16/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON AUGUST 16, 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 16th day of August, 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 Present (6:43 p.m.) 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 — 6:31 p.m. 1.1. Invocation — Councilmember Richard Boyer 1.2. Pledge of Allegiance to the United States Flag 1.3. Salute to the Texas Flag 1.4. Proclamation recognizing September 2016 as Blood Cancer Awareness Month (Council) Mayor McCourry recognized September 2016 as Blood Cancer Awareness Month. 1.5. Recognize a new volunteer program in the Police Department and kickoff the new Citizens on Patrol Program (Police, Coulon) Police Chief David Coulon introduced Professional Standards Sergeant Jay Goodson to Council. Sergeant Goodson provided an overview of the volunteer program, also stating this year the Police Department formed a Citizen's Police Academy Alumni Association, a Volunteers in Policing Program and a Citizen's on Patrol (COP) Program. 11e introduced Community Resource Officer Sergeant Brian Lea and acknowledged him for coordinating the Citizen's on Patrol activities. Members of the COP were recognized for the work in the community. Councilmember Marks arrived at 6:43 p.m. 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 08/16/2016 Pagel 2 1.6. Recognition of Police Explorers for State Competition (Police, Coulon) Police Chief David Coulon introduced Community Resource Officer Kyle Koiner to Council. Officer Koiner recognized the Police Explorers for their accomplishments as follows: • Active Shooter Scenario - I s` Place • Traffic Stop Misdemeanor Scenario - 2nd Place • Traffic Stop Felony Scenarios - 3'd Place 1.7. Recognize The Colony's Lexi Montgomery for winning First Place on the Balance Beam during Nationals in Ladies Gymnastics (Council) Mayor McCourry presented a Letter of Recognition to Lexi Montgomery for winning First Place on the Balance Beam during Nationals in ladies gymnastics. 1.8. Recognize the Dallas Roughnecks for winning the 2016 American Ultimate Disc League championship (PARD, Swain) Recreation Manager David Swain recognized the Dallas Roughnecks for their 2016 American Ultimate Disc Championship. 1.9. Items of Community Interest 1.9.1. Receive presentation from Parks and Recreation regarding upcoming events and — - activities (PARD, Stansell) Special Events Coordinator Lindsey Stansell provided upcoming events and activities to the Council. Councilmember Terre announced the Jazzed about The Library Event that took place on Saturday July 21, 2016. Mr. Terre acknowledged the Friends of the Library and thanked staff for a successful event. City Manager Troy Powell announced schools would be starting Monday August 22, 2016. Mr. Powell asked that citizens leave early and budget extra time ,for your commutes. 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 fee changes for Fire Department services at emergency incidents (Fire, Thompson) City Manager Troy Powell briefed Council on The Colony Fire Department emergency services fee schedule for fiscal year 2016-2017. Assistant Fire Chief Shannon Stephens provided an overview on this item as.follows: — • Current Rates Below Average • Proposed Rate Change City Council - Regular Meeting Agenda Meeting Date 08/16/2016 Pagel 3 • Service Options • Fire Recovery Service Fees Councilmember Schrag stepped out at 7:00p.m. and returned at 7:03 p.m. 2.2. Receive presentation, discuss, and provide direction to staff on options for relocating North Colony Baseball Practice Fields (PARD, Nelson) Councilmember Terre briefed Council on the development and work provided by the Facilities Committee. Director of Parks and Recreation Pam Nelson presented discussion on this item. Mayor McCouny stated Facility Committee would meet to discuss options before any decisions are made. Mayor suggested Council to send comments to Ms. Nelson regarding tonight's discussion item. 2.3. Discuss and receive direction regarding a notice from Metro Relief to terminate the Community Garden License and Use Agreement (General Admin, Perez) City Manager Troy Powell briefed Council on this item. Mr. Powell stated the following options on the request for termination: • Agreement has a clause stating the City would require Metro Relief to hold lease for sixty days • City to oversee the community garden during growing season • Eliminate use of land at the Government Center at the end ofgrowing season Mr. Powell stated the property bought with grant funds could be donated to another community garden to be accessed by all. Mayor McCourry made a recommendation to terminate the agreement with Metro Relief and to move forward with suggested options made by City Manager Troy Powell. 2.4. 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 City Council - Regular Meeting Agenda Meeting Date 08/16/2016 Pagel 4 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 for July 30, 2016 and Regular Session minutes for August 1, 2016 (City Secretary, Stewart) 4.2. Consider approving two Public Hearings set for October 4, 2016 regarding the adoption of Land Use Assumptions and Capital Improvements Plans and the Amendment of Drainage and Roadway Impact Fees (Engineering, Scruggs) Motion to approve all items from consent- Marks; second by Mikulec, motion passed with all ayes 5.0 REGULAR AGENDA ITEMS 5.1. Discuss and consider approving a resolution authorizing the City :Manager to establish and execute rules for the Pawsome Playground Dog Park (PARKS, Nelson) Director of Parks and Recreation Pam Nelson presented the proposed resolution to Council. Ms. Nelson provided discussion whether to allow children in the dog park. The park rules were updated as follows: - — - • Park is for dog play, not child play; adults are strongly urged not to bring children under 10 years of age to the park • Children 15 and under must be accompanied and supervised by an adult Council provided discussion on this item. Motion: to approve- Wade; second by Mikulec; motion passed with all ayes 5.2. Discuss and consider approving a resolution accepting a Preliminary Service and Assessment Plan for the City of The Colony Pubic Improvement District No. 1, including a determination of cost, service plan, assessment roll; ordering a public hearing for Tuesday September 6, 2016, to consider and ordinance levying special assessment against properties within the City of The Colony Public Improvement District No. 1, that are specially benefited by the public improvements and supplemental services being provided for Fiscal Year 2016-17; authorizing and directing the publication and mailing of notices for said public hearing (Finance, Cranford) Assistant City Manager of Operations Tim Miller explained to Council that the proposed 2015-16 Public Improvement District No. I item was briefly discussed in the Local Development Corporation meeting. Adoption of this resolution orders a public hearing on the plan for September 6, 2016. - - Motion to approve- Terre; second by Boyer, motion passed with all ayes City Council - Regular Meeting Agenda Meeting Date 08/16/2016 Pagel 5 5.3. Conduct a public hearing and discuss the City of The Colony Preliminary Municipal Budget and Fee Schedule for Fiscal Year 2016-2017, and vote to set the date of September 20, 2016 to adopt the Municipal Budget (Finance, Cranford) Assistant City Manager of Administration Tim Miller stated this item had been discussed during previous meetings, but some changes have been made. Mr. Miller briefed Council on the fallowing projects: • Library Consultant Project - $50, 000 • PC Replacement - $42, 000 • Radio Upgrade - $75, 000 Mr. Miller said the items mentioned were removed from the budget balance and added to the fund balance. These items will be presented to Council at a later date. The public hearing was opened and closed at 7:46 p.m. with no one wishing to speak. Motion to approve- Marks; second by Mikulec; motion passed with all ayes. 5.4. Conduct the first of two public hearings and discuss the proposed 2016-2017 tax rate not to exceed .6675 cents per $100 valuation for the taxable value of real and personal property located within the City of The Colony, and announce that the tax rate will be voted on September 20, 2016 at 6:30 p.m. at The Colony City Hall, 6800 Main Street (General Admin, Miller) Assistant City Manager of Administration Tim Miller stated this item was discussed in previous meeting. Jeff Moore reminded council that state law requires specific motion language for the adoption of the tax rate even though the rate is being lowered. There was no action taken on this item. Mayor McCourry announced this item will be voted on during the September 20`x' Council meeting. The public hearing was opened at 8:00 p.m. and closed at 8:02 p.m. Executive Session was convened at 8:03 Wim. 6.0 EXECUTIVE SESSION 6.1. A. Council shaII 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. City Council - Regular Meeting Agenda Meeting Date 08/16/2016 Pagel 6 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 Manager. Open Session was reconvened at 9:35 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 C. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Motion to approve a contract with the City Manager as discussed in executive session - Boyer, second by Schrag; motion passed with all ayes with the exception of Councilmembers Mikulec, Wade and Terre were out of the room during vote. 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. City Council — Regular Meeting Agenda Meeting Date 08/16/2016 Page) 7 And with no further business to discuss the meeting was adjourned at 9:37 p.m. OF SEAL C 0 MT* Cil u Tina Stewart, TRMC City Secretary APPROVED: e McCour y, Mayor City of The Colony