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HomeMy WebLinkAbout12/06/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON DECEMBER 6, 2016 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:32 p.m. on the 6th day of December, 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: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1. Call to Order — 6:32 p.m. 1.1. Invocation — Pastor Wally Leyerle, First 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. 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 acknowledged the Parks and Recreation Department staff for their hard work and dedication on the festive Holiday in the Park and Parade of Lights events held on Sunday, December S, 2016. 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 12/6/2016 Pagel 2 2.1. Discuss and provide an update on the City Hall Planning Committee (General Admin, Perez) City Manager Troy Powell provided an update to Council on this item. Mr. Powell stated during the preliminary first round staff received several bid proposals. Management staff plans to revisit in order to gather more information before presenting to the City Hall Planning Committee. 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 None 4.0 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 15, 2016 (City Secretary, Stewart) 4.2. Consider approving Council expenditures for the month of September and October 2016 (Council) 4.3. Consider approving a resolution authorizing the Mayor to sign an Interlocal Agreement with Denton County for Library Services (Library, Sveinsson) 4.4. Considering approving a resolution authorizing the City Manager to execute a Settlement Agreement in the amount of $20,000 with Oncor for the over -billing of street lights (Finance, Cranford) 4.5. Consider approving a resolution authorizing the purchase of six independent mobile lifts in the amount of $54,883.70 as approved in the 2016-2017 Capital Project Budget using HGACBuy Buyboard pricing (Water Distribution, Groeschel) 4.6. Consider approving a resolution authorizing the City Manager to execute a Dark Fiber Lease Agreement for City use of fiber system with Crown Castle NG Central LLC (Scruggs) 4.7. Consider approving a resolution authorizing the City Manager to execute a contract with Denton County for providing Fire & Emergency Medical Services to the county and compensation of services. (Fire, Thompson) City Council - Regular Meeting Agenda Meeting Date 12/6/2016 Pagel 3 4.8. Consider approving a resolution authorizing the City Manager to execute a Memorandum of Understanding with Wynnwood Army, LLC. regarding lease fees - - - for the Old American Golf Course (PARKS, Nelson) 4.9. Consider approving a resolution authorizing the City Manager to execute the installation of street lights on Sunset Circle and Anderlan Road (General Admin, Perez) Motion to approve all items from the consent agenda- Mikulec, second by Schrag; motion passed with all ayes 5.0 REGULAR AGENDA ITEMS 5.1. Conduct a public hearing, discuss and consider an ordinance approving amendments to Appendix A, Zoning Ordinance, Section 10-100, Schedule of Uses by District, by adding "Automobile Rental" land use, Section 10-300, Section 25; and Section IOD -700, Section 1OD-2800, Special Events (Development Services, Sen) Director of Engineering Gordon Scruggs presented the proposed ordinance amendment to Council. Mr. Scruggs stated on November 1, 2016, Council requested clarification on the types of automobiles required for rental. A suggestion was made to go back to the Planning and Zoning Commission to review and consider the proposed changes provided by Council. On November 22, 2016, the Planning and Zoning Commission recommended approval of the amendments to the "Automobile Rental " "Zoning Ordinance. Mr. -- Scruggs briefed Council on the Special Events Section of the "Zoning Ordinance, clarifying definitions and examples for a special event. The public hearing was opened and closed at 6:46 p.m. with there being no speakers. Motion to approve- Terre; second by Wade, motion passed with all ayes 5.2. Conduct a public hearing, discuss and consider an ordinance approving amendments to Planned Development 25 (Ordinance No 2011-1927), adding Sub Section D to Section III: Off -Street Parking and Loading Regulations and amending Table 1 (Development Services, Sen) Director of Engineering Gordon Scruggs presented the proposed ordinance to amend Planned Development 25 to Council. Mr. Scruggs stated the first change is to allow an alternate parking lot pavement design, providing it meets the standard concrete pavement design strength and criteria as required in The Colony's Engineering Design Manual. Mr. Scruggs added the following changes are being recommended for the overall Planned Development 25 of Table I as follows: 1. Electric substation - update to SUP 2. Theatre (no drive-in) - update to parking space to 1 space per 4 seats The public hearing was opened and closed at 6:49 p.m. with there being no speakers. City Council — Regular Meeting Agenda Meeting Date 12/6/2016 Pagel 4 Motion to approve- Boyer; second by Mikulec; motion passed with all ayes 5.3. Discuss and consider an ordinance approving a Development Plan for Truck Yard and Quincy's Chicken Shack restaurants, located on part of Lot 1, Block H, Grandscape Addition Phase II, near Destination Drive within Planned Development 25 Zoning District (Development Services, Sen) Director of Engineering Gordon Scruggs presented the proposed Truck Yard and Quincy's Chicken Shack Development Plans to Council. Mr. Scruggs stated the project consists of a restaurant and bar establishment. The Truck Yard being a 4,500 square feet building and Quincy's Chicken Shack being a 5, 000 square feet split level building with a development of a stage, lighted trees, heaters on tables, and large fans for cooling during the summer months. Mr. Scruggs advised Council of the circulation of parking, landscaping, platting status and elevations on this item. Mayor inquired on the platting status of the proposed tracts of land. Mr. Scruggs stated the un platted tract would be platted separately, but would be platted as a City street. Motion to approve- Wade, second by Boyer, motion passed with all ayes 5.4. Discuss and consider a request from Metro Relief to amend their Special Events Grant request (General Admin, Shallenburger) Director of Government Relations Brant Shallenburger provided an update on this item to Council. Mr. Shallenburger stated the grant request of $6,000.00 remains the same, but the grantee is asking to modify their request to allow funding be applied to the Top Golf event instead of the original Soup -n -Bowl event. City Manager Troy Powell stated the original policy states approval is to be made by Council, but it does not mention whether or not a grant could be modified. Mr. Powell added during next year's budget session, the city will not be accepting open request for grants. Council provided discussion on this item and suggested to postpone this item to the next council meeting allowing Metro Relief to appear and provide an update on this request. Councilmember Marks arrived at 7:09 p.m. Motion to postpone this item to the December 20, 2016 Council meeting was approved- Schrag, second by Terre, motion passed with Mayor McCourry, Councilmembers Wade, Terre, Schrag and Marks voting aye, and Councilmembers Mikulec and Boyer voting nay. Councilmember Boyer stepped out at 7:20 p.m. 5.5. Discuss and consider approving changes made to the City's benefits recommended by IPS Advisors; and approve a resolution authorizing the City Manager to execute the creation of an employee benefits trust, designating all members of the City City Council — Regular Meeting Agenda Meeting Date 12/6/2016 Pagel 5 Council to be trustees of said trust; authorizing the trust to purchase various forms of insurance for the benefit of City officers, employees, qualified retirees, and their — — dependents (Human Resources, WaWcan) Human Resources Director Rodney Wallican introduced Andrew Weegar with IPS Advisors to Council. Mr. Weegar presented an overview on the City of The Colony's RFP recommendations of employee benefits and the creation of an employee's benefits trust. Mayor and Councilmember Terre commended IPS Advisors and the Human Resources Department's staff on an outstanding job on the proposed plan. Mr. Powell added staff will be bringing back an amendment on a future agenda item not related to the item discussed. City Attorney Jeff Moore advised Council the proposed creation of a separate trust account will need to be discussed and approved that will allow the City to save 2 percent on overall health insurance premiums under the Insurance Code. Mr. Moore added the insurance cost would be calculated into the budget. Councilmember Boyer returned at 7:27 p.m. Motion to approve- Terre; second by Mikulec; motion passed with all ayes 5.6. 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) Fire Chief Scott Thompson presented the proposed resolution to Council. Motion to approve- Wade, second by Marks, motion: passed with all ayes 5.7. Discuss and consider approving a City Council meeting schedule for 2017 (Council) Council provided discussion on this item. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes 5.8. Discuss and elect a Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of Ordinances, Chapter 2, Section 2-4 (b) (Council) Councilmember Mikulec nominated Perry Schrag for Mayor Pro Tem; second by Councilmember Wade; there were no other nominations. Nomination passed with all ayes Councilmember Terre nominated Brian Wade for Deputy Mayor Pro Tem. Councilmember Boyer nominated Joel Marks for Deputy Mayor Pro Tem. City Council - Regular Meeting Agenda Meeting Date 12/6/2016 Pagel 6 Approval appointing Councilmember Brian Wade as Deputy Pro Tem; appointment failed with Mayor McCourry, Councilmembers Wade and Terre with aye; Councilmembers Mikulec and Schrag with nay and Councilmembers Boyer and Marks abstaining. Approval appointing Councilmember Joel Marks as Deputy Pro Tem; appointment approved with all ayes except for Councilmembers Wade and Terre voting nay. 5.9. Discuss and make appointments to Council committees and appoint liaisons to the various Council appointed boards (Council) This item postponed until the next meeting scheduled. 5.10. Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number One Board of Directors for terms expiring December 2016 (Council) Motion to reappoint Joe McCourry, Richard Boyer, Troy Powell, Tim Miller and Allen Harris to the Tax Increment Reinvestment Zone Number One Board of Directors- Schrag; second by Marks; motion passed with all ayes 5.11. Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of Directors to serve as Chairman for a one year term - -- (Council) Motion to reappoint Joe McCourry as Chairman to the Tax Increment Reinvestment Zone Number One Board of Directors made by Marks, second by Mikulec; motion passed with all ayes 5.12. Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number Two Board of Directors for terms expiring December 2016 (Council) Motion to reappoint Troy Powell, Tim Miller, Joel Marks and David Terre to the Tax Increment Reinvestment Zone Number Two Board of Directors - Schrag; second by Mikulec; motion passed with all ayes 5.13. Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number Two Board of Directors as Chairman for a one year term (Council) Motion to reappoint Joe McCourry as Chairman to the Tax Increment Reinvestment Zone Number Two Board of Directors made by Marks, second by Wade, motion passed with all ayes. 5.14. Discuss and consider making appointments to the Local Development Corporation Board of Directors for terms expiring December 2016 (Council) City Council - Regular Meeting Agenda Meeting Date 12/6/2016 Pagel 7 Motion to reappoint Joe McCourry, Richard Boyer, Brian Wade, Troy Powell and Tod Maurina to the Local Development Corporation Board of Directors - Schrag; second - - - by Mikulec; motion passed with all ayes 5.15. Discuss and consider appointing a member of the Local Development Corporation Board of Directors to serve as Chairman for a one year term (Council) Motion to reappoint Joe McCourry as Chairman to the Local Development Corporation Board of Directors made by Terre; second by Mikulec; motion passed with all ayes Executive Session was convened at 7:48 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 Il, 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 8:40 p.m. 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 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 12/6/2016 Pagel 8 And with no further business to discuss the meeting was adjourned at 8:42 p.m. APPROVED: J e McCo rry, Mayor ,City of the Colony ,?,,! stJA- Tina Stewart, TRMC City Secretary