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Home My WebLink About09/20/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON SEPTEMBER 20, 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 201h 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 Present Present Absent (Personal) 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 PROCLAMA TIONS 1. Call to Order — 6.33 p.m. 1.1. Invocation —Friendship Baptist Church, Reverend James Jenkins 1.2. Pledge of Allegiance to the United States Flag 1.3. Salute to the Texas Flag 1.4. Items of Community Interest 1.4.1. 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 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) Mayor requested a future agenda item regarding the amendment to the zoning ordinance. City Attorney Jeff Moore will have the proposed amendment drafted for the next Council meeting 1 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 09/20/2016 Page) 2 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. Kronda Thinesch, 2516 Sir Tristram, Lewisville, thanked Mayor and Council for their hard work making the City of The Colony a great place to work, live and play. Z James Bullington, 6612 Adobe Circle, The Colony, spoke concerning remodeling issues to his home and the concern of vandalism in the community. Councilmember Marks arrived at 6:40 p.m. 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 and City Council Regular Session minutes for September 6, 2016 (City Secretary, Stewart) 4.2. Consider approving a resolution authorizing the City Manager to execute a Landlord Estoppel Certificate concerning Hawaiian Falls in The Colony (PARD, Nelson) 4.3. Consider approving a resolution authorizing the City Manager to execute a third amendment to the Ground and Tower Lease Agreement with Verizon Wireless (Engineering, Scruggs) Motion to approve all items from consent- Schrag; second by Mikulec; motion passed with all ayes. 4.4. Consider approving a resolution authorizing the City Manager to execute a contract between the City of The Colony, Medical Center of Plano and Dr. Brandon Meek for Medical Control Services to The Colony Fire Department (Fire, Stephens) This item was pulled from the agenda and not discussed. 5.0 REGULAR AGENDA ITEMS 5.1. Discuss and consider an ordinance approving a Development Plan to allow The Shacks at Austin Ranch Phase II, where three restaurants approximately 3000 City Council — Regular Meeting Agenda Meeting Date 09/20/2016 Pagel 3 square feet, 5000 square feet and 8000 square feet will be built on 5.976 -acre parcel of land located at the Southeast corner of Plano Parkway and Windhaven Parkway - - - in the Planned Development 22 (PD -22 — Austin Ranch) Zoning District (Development Services, Scruggs) Director of Engineering Gordon Scruggs presented the development plan for The Shacks at Austin Ranch Phase H. Mr. Scruggs advised Council of the parking, landscaping, and proposed development plan regulations. Development Review Committee and Planning and Zoning find that the Specific Use Permit does meet the requirements. Motion to approve- Mikulec; second by Wade; motion passed with all ayes. 5.2. Discuss and consider approving a resolution authorizing the City Manager to execute the proposed Partial Assignment of the LMG Ventures, LLC Contract with Boggs Electric in the amount of $105,261.00 for the completion of the electrical work on the well and aeration equipment (General Admin, Maurina) Assistant City Manager of Operations Tod Maurina presented to Council the proposed Partial Assignment of the LMG Ventures, LLC contract for electrical work on the aeration equipment. Motion to approve- Marks; second by Terre; motion passed with all ayes. 5.3. Discuss and consider approving a resolution amending Fiscal Year 2015-16 Master Fee Schedule for Fiscal Year 2016-2017 effective October 1, 2016 (General Admin, Miller) -- -- _ Assistant City Manager of Administration Tim Miller reviewed the amendment of Fiscal Year 2015-16 Master Fee Schedule. Ile stated there were changes to the Master Fee Schedule which reflects a 3 percent increase in the utility system for this year and next year's budget. Motion to approve- Schrag; second by Wade; motion passed with all ayes. 5.4. Discuss and consider approving an ordinance adopting the City of The Colony Fiscal Year Budget beginning October 1, 2016 through September 30, 2017; providing for intra and inter departmental fund transfers; providing for the investment of certain funds; providing that expenditures for said fiscal year to be made in accordance with said budget (General Admin, Miller) Assistant City Manager Tim Miller reviewed the City's Fiscal Year Budget to Council. He advised with the continued growth the City has had over the year, there will be $23 to $24 million dollars of capital projects used during next year's budget. Councilmember Terre acknowledged staff on the outstanding work they've done concerning Council priorities in regards to Police and Fire investments, the remodel of streets, sidewalks and alleys, lower taxes and the responsibilities in terms of budgeting. City Council - Regular Meeting Agenda Meeting Date 09/20/2016 Pagel 4 Councilmember Marks asked if the alarm permit contract would be included in the budget for the Police Department. Mr. Miller stated that the alarm permit contract was included. Motion to approve- Schrag; second by Wade; motion passed with all ayes. 5.5. Discuss and consider approving a resolution ratifying the property tax revenue increase reflected in the City of The Colony Budget for Fiscal Year 2016-17 (General Admin, Miller) Assistant City Manager Tim Miller presented the proposed resolution to Council. He stated according to the Texas .State .Statue, the City will be reducing property tax rate, because of the increase in evaluation of the property, the City will be increasing revenue from each property. City Attorney Jeff Moore explained the requirements on the tax rate referenced from the Local Section Government Code to Council. Motion to approve- Wade; second by Marks; motion passed with all ayes. 5.6. Discuss and consider approving an ordinance adopting the City of The Colony tax rate of $.6675 per $100 valuation on January 1, 2016. Tax rate is comprised of $.51254 M&O and $.15496 of General Fund Debt Service (General Admin, Miller) Assistant City Manager Tim Miller briefed Council on the proposed ordinance and the adoption of the property tax rate. He stated this item is a continuation of the previous discussed item. The tax rate is lower from last year's tax rate at a quarter of a cent. In the past few years the City has passed a tax rate reduction with an estimated savings of $9, 000 for an individual home owner over time. Motion to approve- Marks; second by Wade; motion passed with all ayes. 5.7. Discuss and consider an ordinance levying the Public Improvement District Annual Assessment on properties located within the City of The Colony Public Improvement District No. 1, approving the Service and Assessment Plan for the District for Fiscal Year 2016-2017 and approving an Assessment Roll (General Admin, Miller) Assistant City Manager Tim Miller reviewed the proposed ordinance to Council. He stated the PID Assessment is a few thousand dollars less than originally proposed due to the following line items: • Traffic Signal Stop • Prepaid Expense Motion to approve- Terre; second by Marks; motion passed with all ayes. 5.8. Discuss and consider a variance to the Noise Ordinance regarding Webber Construction for the FM 423 Project (General Admin, Shallenburger) City Council — Regular Meeting Agenda Meeting Date 09/20/2016 Pagel 5 This item was pulled from the agenda and not discussed. 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 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding Austin Ranch building fee issue. 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. 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 8:35 p.m. 6.2. A. Any action as a result of executive session regarding Austin Ranch building fee issue. 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 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 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 09/20/2016 Page) 6 And with no further business to discuss the meeting was adjourned at 8:36 p.m. Tina Stewart, TRMC City Secretary APPROVED: e Mc Coiirry, May City of The Colony