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Home My WebLink About10/18/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON OCTOBER 18, 2016 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 18t11 day of October, 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 Absent (Business) Present Present Present Present Present And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1. Call to Order — 6:30 p. m. 1.1. Invocation — Pastor Mike Bishop with Lakeway 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 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. Councilman Terre acknowledged the new feature option to text from cell phones through Denco 9-1-1. Mr. Terre stated this option is an additional way to communicate in a life or death situation. 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. 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 10/18/2016 Pagel 2 2.1. Discuss options for the holiday light show and provide direction to staff (PARI Swain) Recreation Manager David Swain provided an update to Council on the future and direction of The Colony Christmas Spectacular. Mr. Swain stated this event is managed by volunteers, and due to a small number in man power, work commitments, and personal commitments the future of this event is in question. Mr. Swain provided options to continue with the annual light show. Volunteer Kevin Braby shared his concerns regarding this item. Council provided discussion on this item and advised staff to move forward in the search for resource assistance for the annual event, and to report back with the funding needed to complete the storage facility. Councilman Wade arrived at 6:45 p.m. Councilman Marks arrived at 6:55 p.m. 2.2. Council to provide direction to staff regarding future agenda items. (Council) None 3.0 CITIZEN INPUT 3.0 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. Karen McGuffin - Chamber of Commerce Special Events Director spoke concerning the Golf Tournament Update held in the City of The Colony. Ms. McGuffin presented a plaque to the City for the assistance given to the Chamber of Commerce. The plaque was accepted by Mayor McCourry. 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 October 4, 2016. (City Secretary, Stewart) 4.2. Consider approving a resolution authorizing the City Manager to execute the purchase of portable radios for Police Officers (Police, Chandler) 4.3. Consider approving a resolution authorizing the City Manager to execute a purchase order with Sam Pack Ford in Carrollton for the purchase of four trucks totaling $183,891 (Water Distribution, Groeschel) City Council - Regular Meeting Agenda Meeting Date 10/18/2016 Pagel 3 Motion to approve all items from consent- Schrag; second by Wade; motion passed with all ayes 5.0 REGULAR AGENDA ITEMS 5.1. Continue a public hearing from October 4, 2016, discuss and consider approving an ordinance for updating the Land Use Assumptions and Capital Improvements Plan and amending Roadway Impact Fees (Development Services, Sen) Director of Engineering Gordon Scruggs briefed council on the proposed ordinance. Mr. Scruggs provided clarification on there being no increase to the amendment of the Roadway Impact Fees. The public hearing was opened and closed at 6:54 p.m. with there being no speakers. Motion to approve- Terre; second by Marks; motion passed with all ayes. 5.2. Continue a public hearing from October 4, 2016, discuss and consider approving an ordinance for Land Use Assumptions and Capital Improvements Plan amending the Office Creek Drainage Impact Fees (Development Services, Sen) Director of Engineering Gordon Scruggs briefed council on the proposed ordinance. Mr. Scruggs stated the drainage impact fee amount decreased from $277.02 to $231.52. The public hearing was opened and closed at 6:56 p.m. with there being no speakers. Motion to approve- Marks; second by Boyer; motion passed with all ayes 5.3. Discuss and consider approving a resolution authorizing the City Manager to execute an agreement for additional payment locations for water utility customers by Fidelity Express, allowing water utility customers to pay at Fidelity Express payment locations including Kroger Stores (Customer Services, Owczar) Director of Customer Services Molly Owczar presented the proposed resolution to Council. Ms. Owczar stated customers will be able to process their utility payments at a Fidelity Express bill pay location or Fidelity Express website. Ms. Owczar stated there is no cost to the City for the daily import file of payments made through the system, however there is a convenience fee to customers of $1.50. All data transactions are transferred through a secured web -service called VeriShield Protect which provides protection against fraud and misuse. On September 7, 2016 the Technology Board recommended approval. Council provided discussion on this item. Motion to approve- Marks; second by Wade; motion passed with all ayes 5.4. Discuss and consider approving a resolution authorizing the City Manager to execute the amendment of the 2016-17 Fee Schedule to add surcharges for Plano water and Multi -Family buildings on a single meter, and reduce the Utility rate City Council - Regular Meeting Agenda Meeting Date 10/18/2016 Pagel 4 increase to 3 percent (General Admin, Miller) Assistant City Manager of Administration Tim Miller provided clarification on the 2016- 2017 budget discussed during a previous Council work session. Mr. Miller stated the modification is to increase utility rates to 3 percent instead of S percent, with an addition to add surcharges for Plano Water and Multi -Family buildings on a single meter. Motion to approve- Terre, second by Schrag; motion passed with all ayes 5.5. Discuss and consider approving a resolution authorizing the City Manager to execute an agreement with American Landscape Systems to provide various landscape management services for the Grandscape development with funding provided by the City of The Colony Public Improvement District No. 1 (General Admin, Maurina) Environmental and Facilities Manager Terry Gilman reviewed the proposed resolution to Council. Mr. Gilman stated this item is a continuation of the contract with an increase total amount of $178,93 6.08. Motion to approve- Marks, second by Schrag; motion passed with all ayes. 5.6. Discuss and consider approving a resolution authorizing the City Manager to execute the purchase of The Colony Fire Departments Radio Replacement Capital Improvement Project in the amount of $382,068.50 (Fire, Thompson) — `�- Fire Chief Scott Thompson presented the proposed resolution to Council. Chief Thompson stated the new technology will bring the department up to compliance in order to provide safety, dependability and reliability to citizens. Motion to approve- Marks; second by Wade, motion passed with all ayes 5.7. Discuss and consider approving a resolution authorizing the City Manager to execute an Engineering Contract Amendment for additional services on FM 423 Utility Relocations (Engineering, Scruggs) Director of Engineering Gordon Scruggs reviewed the proposed resolution to allow for additional services on FM 423 to Council. Mr. Scruggs stated the contract amendment is for an additional $142,200.00 that allows for the total increase budget of $344,460.00. This project is funded by Denton County and Regional Toll Revenue. Motion to approve- Terre; second by Marks; motion passed with all ayes 5.8. Discuss and consider approving a resolution authorizing the City Manager to execute a construction contract with SYB Construction Co., Inc. for Re - Construction of the Phase VI Residential Streets and Alleys (Engineering, Scruggs) Director of Engineering Gordon Scruggs reviewed the proposed resolution for the re- construction of the Phgse VI which includes./bur residential streets and two alleys to -- Council. Mr. ~.Scruggs stated the anticipated construction start date will be in City Council — Regular Meeting Agenda Meeting Date 10/18/2016 Pagel 5 December 2016 and all streets will be open to traffic in April 2018 with an anticipated expense of $5.6 million. Motion to approve- Boyer; second by Wade; motion passed with all ayes. Executive Session was convened at 7:20 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 — Atlantic Colony Venture I, LLC and Atlantic Colony Venture II, LLC v. City of The Colony, Texas, et al., Cause No. 16-02219- 442. B. Council shall convene into a closed executive session pursualdto 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. Oven Session was reconvened at 8:00 p.m. 6.2. B. Any action as a result of executive session regarding the pending or contemplated litigation - Atlantic Venture, LLC and Atlantic Colony Venture Il, ___ .... 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. And with no further business to discuss the meeting was adjourned at 8:05 p.m. APPROVED: G /MtZ;C-zo rry, May City Council - Regular Meeting Agenda Meeting Date 10/18/2016 Pagel 6 City of the Colony A T ST: VCA Tina Stewart, TRMC City Secretary