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Home My WebLink About11/01/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON NOVEMBER 1, 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 1" day of November, 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 seven council members present a quorum was established and the following items were addressed: L 0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1. Call to Order — 6:33 p.m. 1.1. Invocation — Councilman Perry Schrag 1.2. Pledge of Allegiance to the United States Flag 1.3. Salute to the Texas Flag 1.4. Proclamation declaring November 8, 2016 as Arbor Day in the City of The Colony and providing benefits that trees give to our community (Parks, Morgan) Mayor McCourry proclaimed November 8, 2016 as Arbor Day recognizing the benefits that trees give to the community. The proclamation was accepted by Director of Finance David Cranford. 1.5. Recognition of former Library Board member Frederick Rushing (Library, Sveinsson) Director of Library Joan Sveinsson presented a Certificate of Appreciation and recognized former board member Frederick Rushing on his service with the Library Advisory Board. Mayor McCurry acknowledged Mr. Rushing's service and thanked him for his commitment to the Library Advisory Board. 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 City Council - Regular Meeting Agenda Meeting Date 11/1/2016 Pagel 2 1.6.1. 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. Mayor McCourry announced that Early Voting was still in progress until Friday November 4, 2016 from 7a.m. to 7 p.m., and Election Day being Tuesday November 8, 2016 from 7 a.m. to 7 p.m. Councilman Terre acknowledged and thanked members of The Colony's Roadrunners Club on Half Marathon that took place on October 22, 2016 here in The Colony. The event had over a thousand people registered for a great cause dedicated to fighting cancer. 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 amending Section 13-101 of the Zoning Code regarding the parking of certain vehicles in residential driveways (General Admin, Perez) Programs Administrator Joe Perez briefed Council on the amendment to the zoning ordinance to address the parking of large farm equipment in a residential driveway. Council provided discussion of this item and was not in favor of the ordinance amendment. 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. Greg Tonian - President of The Colony's Roadrunners Club, spoke regarding The Colony Half Marathon's success. Mr. Tonian introduced PJ McGuire, Event Race Director, who announced several facts from the event and the organizations goal to raise awareness and research on the battle against cancer. 2. Flora Waesch - spoke concerning smoke from the Hard Eight Barbeque Restaurant. City Council — Regular Meeting Agenda Meeting Date 11/1/2016 Pagel 3 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 18, 2016. (City Secretary, Stewart) 4.3. Consider approving a resolution authorizing the City Manager to execute the purchase of two (2) new pieces of software, and one (1) new Message Switch for the Police Department in the amount of $62,928.00 from Tyler Technologies, Inc., owner of New World Software (Police, Chandler) 4.4. Consider approving a resolution awarding a bid and authorizing the City Manager to execute a design -build contract for Shoreline Trail Erosion Repair Project to Knight Erosion Control, Inc. in the amount not to exceed $80,000 with funding provided by the Community Development Corporation (Parks, :Morgan) 4.5. Consider approving a resolution authorizing the City Manager to execute a contract amendment for Phase 2 of the South Colony Overpass (Engineering, Scruggs) 4.6. Consider approving a resolution authorizing the City Manager to execute a License and Use Agreement with Carnival Americana, Inc. for the 2015 American Heroes Event (Parks, Swain) — — — Motion to approve all items from consent- Schrag; second by Mikulec; motion passed with all ayes ***Councilman Marks pulled item 4.2 from the consent agenda for separate discussion*** 4.2. Consider approving a resolution authorizing the amendment of the Purchasing Procedures of the City of The Colony (Finance, Cranford) Councilman Marks inquired on the policy's number of purchases up to $3000.00. Director of Finance David Cranford explained the quantity is a small number in purchases. Mr. Cranford stated staff will advertise for electrical and HVAC bids on the small dollar amount purchases. Mr. Cranford added the exposure of raising the amount from $1,000 to $3,000 without getting three quotes should be at a minimum and reduce paperwork. Assistant City Manager Tim Miller stated the reporting will remain the same as it is today. Motion to approve- Marks; second by Schrag; motion passed with all ayes. City Council - Regular Meeting Agenda Meeting Date 11/1/2016 Pagel 4 5.0 REGULAR AGENDA ITEMS 5.1. Conduct a public hearing, discuss and consider approving an ordinance amending Appendix A of the Zoning Ordinance, Section 10-100, Schedule of Uses by District, by adding "Automobile Rental" land use, Section 10-300, Defmitions and Explanations Applicable to the Use Schedule, Section 25, Defmitions to add definitions for "Automobile Rental" land use and related terms, and Section 1OD- 700 Temporary Use Definitions and Section 10D-2800, Special Events to clarify the defmition for Special Events (Development Services, Sen) Senior Planner Surupa Sen reviewed the proposed ordinance amending sections of the Zoning Ordinance. Ms. Sen stated currently The Colony ordinance Section 10 "Use of Land and Buildings" does not mention automobile rental as a separate land use. Research and findings of other surroundings cities were obtained and compared. Each City has defined automobile and related vehicles to avoid confusion with the exception of the City of Lewisville. Ms. Sen added the Ordinance Review Committee recommends adding applicable definitions to the ordinance to add clarification on terms used under the new land use. On September 13, 2016, the Planning and Zoning Commission recommended adding electric cars to the definition of Automobile Rental. Ms. Sen briefed Council on the Special Events section of the proposed ordinance amendment. The Planning and Zoning Commission and the Ordinance Review ---- Committee both recommend approval of the Zoning Ordinance amendment. The public hearing was opened and closed at 7:23 p.m. with there being no speakers. Council provided discussion on this item. Motion to table and send back to Planning and Zoning Commission to possibly provide specific use permit requirement for all Zoning districts- Wade; second by Boyer, motion passed with all ayes Councilman Mikulec left the meeting at 7:27 p.m. and returned at 7:2 9 p.m. 5.2. Discuss and consider approving a resolution authorizing the City Manager to execute additional funding needed for revisions to the FM423 landscape -irrigation, plans -specifications and for project oversight for landscape installation (Parks, Morgan) Park Development Manager Eve Morgan presented the proposed resolution to Council. Motion to approve- Wade, second by Mikulec; motion passed with all ayes 5.3. Discuss and consider approving a resolution authorizing the City Manager to _ execute the purchase of two Physio -Control LifePak 15s in the amount of $64,922.08 (Fire, Thompson) City Council — Regular Meeting Agenda Meeting Date 11/1/2016 Pagel 5 This item was pulled from the agenda and not discussed. - - 5.4. Discuss and consider approving a resolution authorizing the City Manager to execute the purchase of vehicles for the Police Department in the amount of $244,421.38 through the Tarrant County Cooperative Contract #2014-151 through Holiday Chevrolet (Police, Chandler) Assistant Police Chief Chris Chandler presented the proposed resolution to Council. Motion to approve- Boyer, second by Marks, motion passed with all ayes Executive Session was convened at 7:40 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 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 8:52 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 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 11/1/2016 Pagel 6 And with no further business to discuss the meeting was adjourned at 8:54 p.m. APPROVED: a �, z ze, 0 �-� Oe Mcto rry, Mayor City of the Colony T EST: l�- 2�A Tina Stewart, TRMC, City Secretary