HomeMy WebLinkAbout10/04/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION
HELD ON
OCTOBER 4, 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 4th day of October, 2016, at City Hall, 6800 Main Street, The
Colony, Texas, with the following roll call:
Joe McCourry
Mayor
Present
Kirk Mikulec
Mayor Pro -Tem
Present
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 — 6:31 p.m.
1.1. Invocation — Councilmember David Terre
1.2. Pledge of Allegiance to the United States Flag
1.3. Salute to the Texas Flag
1.4. Recognition of the Government Finance Officers Association Distinguished Budget
Award. (Finance, Cranford) _
Mayor McCourry presented the Government Finance Officers Association Distinguished
Award to members of the Finance Department. Director of Finance David Cranford
accepted the award.
1.5. Recognition for excellence in financial reporting in the 2014-15 Comprehensive
Annual Financial Report (CAFR). (Finance, Cranford)
Mayor McCourry presented the Excellence in Finance Reporting in the 2014-2015
Comprehensive Annual Financial Report (CAFR) to the Finance Department. Director
of Finance David Cranford accepted the award.
1.6. Items of Community Interest
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
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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 Public Information Requests Quarterly Report as presented for Council
review. (City Secretary, Stewart)
Councilmember Terre inquired on the quantity of the public information request over the
past quarter. City Secretary Tina Stewart stated no significant change in the reporting
numbers.
2.2. 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. Damion Robertson - Vice President of The Colony Chamber of Commerce,
introduced members of the board, Jennifer Nelson and Karen McGufn to
Council. Mr. Robertson thanked Council for support in connecting the school
district, businesses and residents of The Colony.
2. Nick Tague - spoke concerning 7311 Northpointe Drive occupancy.
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 September 20, 2016.
(City Secretary, Stewart)
4.2. Consider approving Council expenditures for the month of August 2016. (Council)
4.3. 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)
4.4. Consider approving a resolution authorizing the City Manager to execute the
acceptance of money in lieu of land for required parkland dedication for Village at
The Pointe, a residential town home development on 12.5 acre land located near the
southwest corner of Memorial Drive and South Colony Boulevard approximately
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300 feet west of the intersection, within the Planned Development 16 (PD 16) aka the
Cascades Planned Development Zoning District. (Development Services, Scruggs)
--- - - 4.5. Consider approving a resolution authorizing the City Manager to execute a contract
amendment for additional services for Building Code and Energy Code plan review,
and for inspections and Fire Code plan review. (Engineering, Scruggs)
4.6. Consider approving a resolution authorizing the City Manager to execute the
purchase of a 2016 Chevrolet Tahoe in the amount of $49,991.00 for the Division
Fire Chief. (Fire, Stephens)
4.7. Consider approving a resolution authorizing the City Manager to execute the
purchase of a 2016 Chevrolet Tahoe in the amount of $49,991.00 for the Assistant
Fire Chief. (Fire, Stephens)
4.8. Consider approving a resolution authorizing the City Manager to execute the
purchase of a 2016 Chevrolet Silverado in the amount of $49,991.00 for the Fire
Marshal. (Fire, Stephens)
4.9. 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)
Motion to approve all items from consent - Terre; second by Wade; motion passed with all
ayes -
5. 0
yes
5.0 REGULAR AGENDA ITEMS
5.6 Discuss and consider approving a resolution authorizing the City Manager to
execute the publication Notice of Intention to issue Certificates of Obligation,
including the adoption of a resolution pertaining thereto. (Finance, Cranford)
Director of Finance David Cranford introduced Boyd London, Managing Director of
First Southwest Financial. Mr. London briefed council on the proposed resolution to
execute the publication Notice of Intention to Issue Certificates of Obligation.
Motion to approve - Wade; second by Mikulec; motion passed with all ayes
5.1. Conduct a public hearing, discuss and consider approving an ordinance for
updating the Land Use Assumptions and Capital Improvements Plan and
Amending Roadway Impact Fees. (Engineering, Scruggs)
Director of Engineer Gordon Scruggs briefed council on the proposed ordinance. Mr.
Scruggs introduced Brad Tribble and Kate Ploetzner from Kimley Horn and Associates.
Mr. Tribble presented the proposed ordinance updating Roadway Impact Fee 101 to
Council. Mr. Scruggs stated that the staff is recommending moving forward as there will
be no increase of the new rates based on the proposed reduced maximum fee schedule.
On September 13, 2016 the Planning and Zoning Commission recommended approval of
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this item.
The public hearing was opened and closed at 7:13 p.m. with there being no speakers.
Councilmember Marks arrived at 7:00 p.m.
Motion to continue the public hearing to October 18, 2016 - Terre; second by Wade;
motion passed with all ayes
5.2. Conduct a public hearing, discuss and consider approving an ordinance for Land
Use Assumptions and Capital Improvements Plan and amending the Office Creek
Drainage Impact Fees. (Engineering, Scruggs)
Kate Ploetzner from Kimley Horn and Associates presented an overview of the proposed
ordinance amending the Office Creek Drainage Impact Fee update. On September 13,
2016 the Planning and Zoning Commission recommended approval of this item. Gordon
Scruggs stated staff proposes to move forward with the new maximum fee $231.52.
Mayor McCourry asked if a project has been completed prior to the adoption of the
ordinance, will fees be assessed from the previous schedule or the current schedule. Mr.
Scruggs stated the impact fees are assessed at the time a project is platted, but fees will
not be received until the permit has been issued.
The public hearing was opened and closed at 7:26 p.m. with there being no speakers.
Motion to continue the public hearing to October 18, 2016 - Terre; second by Wade;
motion passed with all ayes.
5.3. Conduct a public hearing, discuss, and consider an ordinance approving a Specific
Use Permit for MJ Convenience Store at 4181 Main Street, Suite 500, for sale of
alcoholic beverages and beer and wine for off -premise consumption within Planned
Development 14 (PD 14) Zoning District. (Development Services, Sen)
Senior Planner Surupa Sen reviewed the specific use permit for MJ Convenience Store to
Council. Ms. Sen stated the applicant will carry a limited selection of basic items inside
the store and confirms more than 75% of their gross sales will be generated from alcohol
sales. The proposed location is not within 300 feet of a church, public hospital, school or
day care. The Development Review Committee finds that the Development Plan meets
all applicable requirements, and Planning and Zoning recommended approval.
The public hearing was opened and closed at 7:31 p.m. with there being no speakers.
Councilman Marks asked if there would be another entrance added to Main Street into
the strip center. Ms. Sen stated there would not be any additional entrances into the
existing shopping strip.
Motion to approve - Wade, second by Mikulec; motion passed with all ayes
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5.4. Conduct a public hearing, discuss and consider an ordinance approving Zoning
Change from Shopping Center (SC) to Townhouse Dwelling (TH) Zoning District
allowing townhomes development at 5700 North Colony Boulevard described as
Cornerstone African Methodist Episcopal Church Addition, Block A, Lot 1, The
Colony, Denton County, Texas. (Development Services, Sen)
Senior Planner Surupa Sen reviewed the zoning change from shopping center to a
townhouse dwelling zoning district. Ms. Sen advised Council of the parking and
infrastructure improvements. The Development Review Committee finds that the
Development Plan meets all applicable requirements, and Planning and Zoning
recommended approval.
Mayor McCourry inquired on adding a signal light at this intersection. Gordon Scruggs
stated a traffic analysis had been done, but it wasn't warranted at this time, however,
staff anticipates a future increase in traffic on Morning Star Drive. Therefore, staff
proposes widening of Morning Star from Baker to North Colony.
The public hearing was opened and closed at 7:39 p.m. with there being no speakers.
Council provided discussion on this item.
Motion to approve - Terre; second by Marks, motion passed with all ayes
5.5. Discuss and consider approving a resolution authorizing the City Manager to
- execute a service agreement with Granicus, Inc. which includes an agenda
management application, meeting minutes and video streaming component to
streamline the agenda, meeting minutes and video streaming processes. (City
Secretary, Stewart)
City Secretary Tina Stewart presented the proposed service agreement with Granicus,
Inc. to Council.
Motion to approve - Mikulec; second by Schrag; motion passed with all ayes
5.7. Discuss and consider approving a resolution authorizing the City Manager to
execute the replacement of the current self-contained breathing apparatus (SCBA)
in the amount of $342,943.92. (Fire, Stephens)
City Manager Troy Powell briefed Council on this item. Assistant Fire Chief Shannon
Stephens provided an overview on the replacement of the current self-contained
breathing apparatus.
Council provided discussion on this item.
Motion to approv e- Wade, second by Mikulec; motion passed with all ayes
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5.8. Discuss and consider approving a resolution authorizing the City Manager to
execute a construction contract to Quality Excavation, LTD. for the Widening of
Memorial Drive from Worley Drive to South Colony Boulevard. (Engineering,
Scruggs)
Director of Engineering Gordon Scruggs reviewed the construction contract for the
widening of Memorial Drive to a four -lane divided street from South Colony Boulevard
to Worley Drive. Mr. Scruggs stated the projected date for construction is December
2016 and reminded council that this project is being funded by Denton County.
Motion to approve - Terre, second by Wade; motion passed with all ayes
5.9. Discuss and consider a variance to the Noise Ordinance regarding Webber
Construction for the FM 423 Project. (General Admin, Shallenburger)
Director of Government Relations Brant Shallenburger reviewed the proposed
variance to Council. Mr. Shallenburger stated Webber and TxDOT request to shift
paving work hours from day to night. The proposed night work hours would be from
7:00 p.m. to 5:30 a. m., Monday thru Friday with lane closures from 8:00 p.m. to 5:00
a.m. He added with this change there would be a 40-50 percent increase in
production with a projected completion date of December 2016.
Council provided discussion on this item.
Councilman Boyer arrived at 8:15 p.m.
Motion to deny- Schrag; second by Boyer, motion passed with all ayes
5.10. Discuss and consider a resolution authorizing the city manager to execute a service
agreement with SPAN, Inc. for providing demand transportation services to
residents and financial support for the Meals on Wheels program. (General Admin,
Perez)
Programs Administrator Joe Perez briefed Council on the 2016-2017 renewal service
agreement with SPAN, Inc.
Council provided discussion on this item.
Motion to approve - Mikulec; second by Wade; motion passed with all ayes.
Executive Session was convened at 8:31 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 - Budget Suites matter.
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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 Austin Ranch building fee issue.
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 — Atlantic Colony Venture I, LLC and Atlantic
Colony Venture II, LLC v. City of The Colony, Texas, et al., Cause No. 16-02219-
442.
D. 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 10:13 p.m.
6.2. A. Any action as a result of executive session regarding the pending or
contemplated litigation - Budget Suites matter.
No Action
B. Any action as a result of executive session regarding Austin Ranch building fee
issue.
No Discussion
C. 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.
Motion to approve with action discussed in executive session- Wade, second by Terre,
motion passed with all ayes
D. 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.
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And with no further business to discuss the meeting was adjourned at 10:16 p.m.
APPROVED:
G
e McCou , Mayor
City of ryThe Colony
A T ST:
Tina Stewart, TRMC
City Secretary