HomeMy WebLinkAbout11/15/2016 City Council MINUTES OF COUNCIL REGULAR SESSION
HELD ON
NOVEMBER 15,2016
The Regular Session of the City Council of the City of The Colony, Texas, was called to
order at 6:34 p.m. on the 15th 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-Tern 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:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS
1. Call to Order— 6:34 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. Presentation of several awards received by The Colony and staff at the recent Texas
Amateur Athletic Federation and Texas Recreation & Parks Society North Region
Annual Conferences (PARD, Swain)
Director Pam Nelson introduced Christy Weaver, President of TAAF to Council. Ms.
Weaver presented the Silver Member Award to the City of The Colony, the TAAF Service
Award to David Swain and the President Select Service Award to Jackie Kopaska.
1.5. Items of Community Interest
1.5.1 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.
Councilmember Schrag commended The Colony Cougars football team on their
advancement to the second round of District playoffs which will take place at Ron Post
Stadium in McKinney on Thursday November 17, 2016.
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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Meeting Date 11/15/2016
Pagel 2
Councilmember Terre announced that he and Councilmember Schrag attended the Metro
Relief Banquet the night before, and shared with the Council Metro's appreciation as
they honored the City Council Board of Trustees.
Pam Nelson announced that the Senior Program was awarded the Excellence in
Programming as they collected 2000 canned goods for the Love Packs program. Love
Packs supports school age children with meals.
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. Inform City Council of the list of Professional Service providers developed by staff
(Engineering, Scruggs)
Director of Engineering Gordon Scruggs provided an update to Council on this item.
Mr. Scruggs stated on occasion the Engineering Department does outsource when
necessary.
2.2. Update on the Storm Water Pollution Prevention Program (Engineering, Scruggs)
Director of Engineering Gordon Scruggs stated the last permit certificate received was _ ___
in 2008. A recent audit report showed no major items. Mr. Scruggs shared program
highlights accomplished in the past few years. The CIP projects for next budget year will
be Ridgepoint Erosion Control project and Taylor Street to expand work in the parks.
Councilmember Schrag stepped out at 6:52 p.m. and returned at 6:54 p.m.
2.3. 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.
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 November 1, 2016
(City Secretary, Stewart)
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Meeting Date 11/15/2016
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4.2. Consider approving a resolution authorizing the City Manager to execute the
purchase of a customized mobile vehicle from Sam Pack's Five Star Ford in the
- - amount of $64,967.20 at the Visitor Information Center for the Convention &
Visitors Bureau (Communications/CVB, Baxter)
4.3. Consider approval of a resolution authorizing the City Manager to execute an
Equipment Storage and Use Agreement with United Parcel Service for a temporary
storage pod to be located in the Ridgepointe Park parking lot for neighborhood
package deliveries during peak delivery season (Parks,Nelson)
4.5. Consider approving a resolution authorizing the City Manager to purchase two
vehicles from Sam Pack's Five Star Ford in the amount of$70,528.00 through the
Texas SmartBuy Contract (Water Distribution,Groeschel)
4.6. Consider approving a resolution authorizing the City Manager to purchase a Rapid
Deployment Vehicle for the Police Department's Special Response Team from The
Armored Group, LLC in Phoenix, Arizona,in the amount of$94,378.46 through the
GSA contract GS-30F-0020W (Police, Plemons)
Motion to approve all items from consent-Schrag; second by Mikulec; motion passed with all
ayes.
**Councilmember Terre pulled item 4.4 from the consent agenda for separate discussion**
4.4. Consider approving a resolution authorizing the City Manager to execute an
agreement authorizing the use of Police Seized Funds for weapon and tracker
replacements (Police, Coulon)
Councilmember Terre addressed his error requesting to remove 4.4 instead of 4.6 as
previously stated.
Motion to approve item 4.4 from consent-Terre; second by Marks; motion passed with all ayes.
5.0 REGULAR AGENDA ITEMS
5.1. Receive presentation, discuss and consider all matters incident and related to the
issuance and sale of "City of The Colony, Texas, Combination Tax and Limited
Surplus Revenue Certificates of Obligation, Series 2016", including the adoption of
an ordinance authorizing the issuance of such certificates (Finance, Cranford)
Director of Finance David Cranford introduced Mr. Boyd London with Southwest
Securities to Council. Mr. London reported, on the $17.7 million dollar bond, three
competitive bids were received on November 16, 2016 with Robert W. Baird as the
winning bid at $3.246. Mr. London stated that the City is maintaining their current
rating.
City Council- Regular Meeting Agenda
Meeting Date 11/15/2016
Pages 4
City Manager Troy Powell stated the positive outcome and growth is contributed to the
City Council and their support.
Motion to approve- Wade; second by Boyer; motion passed with all ayes.
5.2. Conduct a public hearing, discuss and consider approving an ordinance amending
Appendix A, Section 10-300 of the Zoning Ordinance; definitions and explanations
applicable to use schedule, Subsection (1) definition of Single Family (Development
Services, Sen)
Senior Planner Surupa Sen briefed Council on the proposed ordinance amendment. Ms.
Sen stated currently Appendix A, Section 10-300 of the Zoning Ordinance reflects 2
unrelated persons per household however Section 25-101 reflects 3 unrelated persons.
On October 25, 2016 Planning and Zoning board recommended the single family
definition be adjusted to 3 unrelated persons in a household to prevent conflicting
restrictions.
City Attorney Jeff Moore stated to prevent any court cases related to defining families
through the Federal Housing Act, he suggested The Colony revise both sections to reflect
3 unrelated persons since we are maintaining a more restrictive number compared to
surrounding cities.
The public hearing was opened and closed at 7:20 p.m. with there being no speakers.
Council provided discussion on this item. Councilmember Schrag recommends sending
this item back to the Planning and Zoning Commission to change Ordinance Section
Appendix A Section 10-300 and Section 25-101, to reflect the 2 unrelated persons in a
household constitute a Single Family Residence.
Motion to table and send back to Planning and Zoning Commission for the
recommendation to amend Section 25-101 as stated- Schrag; second by Terre;
motion passed with Councilmembers Wade, Terre, Schrag and Marks voting aye
and Councilmembers McCourry, Mikulec and Boyer voting nay.
5.3. Discuss and consider approving an ordinance authorizing the City Manager to
execute the Development Plan Amendment to add one multi-family building,
additional parking, and a swimming pool to The Hudson project that was approved
for 29 multi-family buildings and associated common areas within Planned
Development 22 (PD-22) for Lots 1-5, Block D, located on the south side of
Windhaven Parkway and west of the Boathouse Development (Development
Services, Sen)
Senior Planner Surupa Sen reviewed the development plan amendment for The Hudson
project. Ms. Sen advised Council of the parking, landscaping and elevations on this
item. On October 25, 2016 the Planning and Zoning Commission recommend approval ---- -
of the proposed ordinance.
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Pagel 5
Motion to approve- Terre;second by Wade; motion passed with all ayes.
- — - 5.4. Discuss and consider approving an ordinance authorizing the City Manager to
execute the Development Plan for Waterford Point Amenity Center, a 7,032 square
feet facility with associated open spaces, located on Castlebridge Road within The
Tribute Subdivision, in Planned Development 23 (PD 23) Zoning District
(Development Services, Sen)
Senior Planner Surupa Sen presented the development plan for the Waterford Point
Amenity Center in The Tribute Subdivision. Ms. Sen advised Council of the parking,
landscaping, and elevations on this item. The Development Review Committee finds the
development plan meets all applicable requirements of the PD 23 and recommends
approval. On October 25, 2016 the Planning and Zoning Commission approved the
amendment recommending the developer add a bicycle rack at the Amenity Center.
Motion to approve- Wade;second by Mikulec; motion passed with all ayes.
5.5. Discuss and consider approving a resolution authorizing the City Manager to
purchase two dump trucks in the amount of $212,340.00 through the Texas Buy
Board #430-13 (Water Distribution, Groeschel)
Project Management Analyst Evan Groeschel presented the proposed resolution to
Council.
Motion to approve-Schrag; second by Boyer; motion passed with all ayes.
Executive Session was convened at 7:35 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.
C. Council shall convene into a closed executive session pursuant to Section
551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the
Programs Administrator.
Open Session was reconvened at 9:30 p.m.
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Pager 6
6.2. A. 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
B. 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
C. Any action as a result of executive session regarding the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the
Programs Administration.
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 9:30 p.m.
APPROVED:
J Mc ou ry, Mayor
ity of the Colony
AT E,ST:
Ukk CRUt4CUVA--
Tina Stewart, TRMC
City Secretary
-
i•ice
7-EX A