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Home My WebLink About09/06/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON SEPTEMBER 6, 2016 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:36 p.m. on the 6th day of September, 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 Present Present 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 — 6:36 p.m. 1.1. Invocation — The River Church, Pastor Sherman Gardner 1.2. Pledge of Allegiance to the United States Flag 1.3. Salute to the Texas Flag 1.4. Proclamation recognizing September 5-9, 2016 as "National Payroll Week" (Council) Mayor Pro -Tem Mikulec recognized September 5-9, 2016 as "National Payroll Week". The proclamation was accepted by Chester Morgan, Government Relations Director of the American Payroll Association, Dallas Chapter. 1.5. Items of Community Interest Councilmember Terre announced a few important 9111 events as follows: • September 10, 2016 the American Legion to recognize our first responders at 11:00 a.m. at Perryman Park located across from Central Fire Station. Mr. Terre requested citizens to come out for free BBQ and to bring water and a can food item to be donated. • Sunday September 11, 2016 at 8:30 a.m. those who sacrificed their lives on 9111 will be recognized at the Central Fire Station located on Blair Oaks. • First Methodist Church will recognize and pay tribute to those who sacrificed their lives on 9111 during both Sunday services. 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 09/06/2016 Pagel 2 1.5.1. 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. 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) 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. 1. Racheal Headington spoke on behalf of Sanctity of Life Ministry concerning Human Trafficking and its effects on The Colony and North Texas. Ms. Headington invited Council and residents to their Human Trafficking Walk — - — - - awareness event on October 22, 2016 10 a.m. located at First Baptist Church, 4800 South Colony Boulevard, The Colony, Texas, 75056. 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 Regular Session minutes for August 16, 2016 (City Secretary, Stewart) 4.2. Consider approving Council expenditures for the month of July 2016 (Council) 4.3. Consider approving an ordinance to amend the Fiscal Year 2015-16 Budget in the amount of $25,000 to provide increased funding for adult mosquito treatments (PARD, Nelson) Motion to approve all items from consent- Schrag; second by Boyer; motion passed with all ayes ***Councilman Marks nulled item 4.4 from the consent ap-enda_for separate discussion*** 4.4. Consider approving a resolution authorizing the City Manager to execute a contract with PM AM Corporation for the outsourcing of Burglar Alarm Permitting, Fine - and Fee Collection and False Alarm Education (Police, Coulon) Police Chief David Coulon introduced Dennis White with PM AM Corporation. City Council — Regular Meeting Agenda Meeting Date 09/06/2016 Pagel 3 Councilmember Marks asked how this contract will benefit the City. Chief Coulon explained that the Police Department issue security permits, renewal notices, collection of fees associated with both permit and non permit holders. The records department spends an average of 20 hours a week working on permits and fee collection. Chief Coulon stated by outsourcing this task it will free up the department. He explains that outsourcing will not create a financial obligation, as PM AM Corporation will retain 39% of what is collecting while the city will retain 61%. By hiring PM AM they will work closely with all alarm companies so they can cross reference any systems installed with the list of permits issued. The company will then contact residents and get all in compliance, as well as collect all required fees. Residents will have the option of applying, paying, and renewing all online or by calling customer service. Councilmember Marks inquired about client retention. Mr. White stated that there has not been any substantial decrease in clients. He stated the contract can be canceled at any time with a ninety (90) written notice. Timeline goal is to be up and running January 1, 2017. City Attorney Jeff Moore referred to the contract stating that all information will be kept confidential and no information will be sold. Richard Kuether, 4109 Driscoll Drive, The Colony, TX, 75056, spoke regarding this item. Council provided discussion on this item with concerns of data security. Mr. White stated PM AM Corporation has a service level agreement with Rack Space, one of the largest security providers in the world. He stated in the thirteen years, PM AM has never had a breach in the history of the company. Motion to approve- Terre; second by Wade; motion: passed with all ayes except for Councilman Boyer voted no. 5.0 REGULAR AGENDA ITEMS 5.1. Discuss and consider approving a resolution authorizing the City Manager to execute a US Communities proposal in the amount of $366,047.00 with Trane for installation of a new HVAC and Filtration equipment and controls for the qualification and training of Police Department Personnel in the Shooting Range (Public Works, Gilman) Council convened into Executive Session to discuss item 5.1 at 7:24 p.m. and reconvened at 7:34 p.m* City Council — Regular Meeting Agenda Meeting Date 09/06/2016 Pagel 4 Environmental Facilities Manager Terry Gilman presented the proposed resolution to Council. He stated the shooting range is currently closed due to design insufficiencies. An engineering company evaluated the designs and it was determined that larger I1CAV and Filtration units are needed in order to supply adequate air, and a filtration system inside the shooting range to filter out any toxic lead/vapors into the atmosphere. Mr. Gilman stated the proposed amount for the new equipment and controls would be $366,470.00. Motion to approve- Wade; second by Boyer, motion passed with all ayes 5.2. Discuss and consider approving a grant request for funding during fiscal Year 2016-17 Budget in the amount of $44,701 for Children's Advocacy Center of Denton County (Assistant City Manager. Miller) Assistant City Manager Tim Miller provided an overview of the proposed grant request to Council. Councilmember Boyer is an advocate for the Denton County Children's Advocacy Center. He acknowledged services the center provides to children that are victims of sexual abuse. The Colony Police Department worked with the center on 1200 calls this past year. -- Mr. Miller stated the grant request is allocated in the proposed budget under the general fund shared by the crossing guards. He explained the monies needed for such an organization is supported by donation/grants throughout Denton County. Motion to approve- Schrag; second by Wade, motion passed with all ayes 5.3. Conduct the second 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 all property, real and personal, 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 (Assistant City Manager, Miller) Assistant City Manager Tim Miller briefed Council on this item. Councilmember Schrag asked if there had been any changes since previous meetings. Mr. Miller stated that there had been a change to the Special Event request. A notification of this change was sent to Council via email. The public hearing was opened at 7:48 p.m. Dale Moon, 1936 Vista Oaks Drive, Carrollton, Texas, 75007, The Director of Lakeside Community Theater a non profit Amateur Arts Theater shared upcoming plays/events the center will be hosting now through Summer 2017. There being no others, the public hearing closed at 7:53 p.m. No Action Taken City Council — Regular Meeting Agenda Meeting Date 09/06/2016 Pagel 5 5.4. Conduct a public hearing to discuss and consider an ordinance levying the Public Improvement District Special Assessment on properties located within the City of The Colony Public Improvement District No. 1; approving and authorizing the execution of the reimbursement agreement for the City of The Colony Public Improvement District No. 1 on September 20, 2016 at 6:30 p.m. at The Colony City Hall, 6800 Main Street (Assistant City Manager, Miller) Assistant City Manager Tim Miller briefed Council on this item. He stated there have been no changes to Grandscape PID No. 1. Mr. Miller added there will be a ninety (90) day escrow of funds in place to cover the gap until this item is approved, and when the properties are assessed for annual cost. The public hearing was opened and closed at 7:55 p.m. with no one wishing to speak. Motion to approve- Boyer; second by Wade; motion passed with all ayes Executive Session was convened at 7:55 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). B. Council shall convene into a closed executive se$sion 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 f, 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., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. Open Session was reconvened at 9:45 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 fmancial or other incentive to a business prospect(s). No Action B. Any action as a result of executive session regarding the pending or contemplated litigation - Atlantic Venture, LI.0 and Atlantic Colony Venture II, City Council — Regular Meeting Agenda Meeting Date 09/06/2016 Pagel 6 LLC v. City of The Colony, Texas, et al. No Action C. Any action as a result of executive session regarding pending or contemplated litigation — Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. 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 9:45 p.m. A ST: 0, a�t Tina Stewart, TRMC City Secretary