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Home My WebLink About02/07/2017 City Council MINUTES OF CITY COUNCIL REGULAR SESSION HELD ON FEBRUARY 7, 2017 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:39 P.M. on the 7T11 day of February, at City Hall, 6800 Main Street, The Colony, Texas,with the following roll call: Joe McCourry, Mayor Present Kirk Mikulec, Councilmember Present Richard Boyer, Councilmember Present Brian Wade, Councilmember Present David Terre, Councilmember Present Perry Schrag, Councilmember Present Joel Marks, Councilmember Present And with 7 council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor McCourry called the meeting to order at 6:39 p.m. —J 1.2 Invocation Pastor Bruce White with The Journey Baptist Church provided the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited 1.4 Salute to the Texas Flag The Salute to the Texas Flag was recited. 1.5 Animal Services announcement regarding a grant donation from Amazon. Animal Shelter Manager Mark Cooper announced the receipt of a grant from Amazon. On Saturday, February 25, 2017, there will be approximately 60 volunteers from Amazon plus four company executives from their corporate headquarters in Washington to volunteer time and expertise to perform various duties at the Colony Animal Shelter. The City is the first in Texas to receive this grant and only the second animal services group to ever receive this grant. Mr. Cooper stated the grant will place The Colony Animal Shelter on their national wishlist registry for corporate donations. 1.6 Items of Community Interest 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 Minutes Meeting Date February 7, 2017 - -- — 1.6.1 Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Joan Sveinsson provided current and upcoming programs, events and services improvements to the Council. 2.0 WORK SESSION 2.1 Discussion on Police Seized Funds Expenditure. Police Chief Coulon informed Council of the planned expenditures for the police department using the seizure funds. 2.2 Discuss and review the Athletic Facility Usage/Rental Policy. Athletics Coordinator Brian Vonderlin presented the highlights of the proposed changes to the Athletic Facility Usage/Rental Policy to Council. 2.3 Discuss and provide direction to staff regarding Stewart Creek Park entry feature, fishing pier, swim beach and other improvements. Parks and Recreation Director Pam Nelson presented an updated overview of the design, concepts, and master plan changes for the Stewart Creek Park improvements to Council. Council provided discussion on this item and directed staff to move forward with the plan including the additions presented and with adding additional decor to the --- -- welcome sign for the park. 2.4 Council to provide direction to staff regarding future agenda items Councilman Boyer requested a future agenda item to discuss legislative updates. 3.0 CITIZEN INPUT Duane Sanders, 5205 Mark Circle, The Colony, 75056, spoke concerning agenda items 4.6 and 4.8. Mr. Sanders stated the construction on FM 423 is a State ordeal and not a City ordeal. He believes if the City plans to help these businesses, then the City should help all the businesses affected by the construction. 4.0 CONSENT AGENDA Motion to approve all Consent Agenda items with the exception of Item Nos. 4.3 and 4.6 - Mikulec;second by Marks;motion passed with all ayes. 4.1 Consider approving the City Council Regular Session minutes for January 17, 2017. 4.2 Consider approving Council expenditures for the month of December 2016. City Council – Regular Meeting Minutes Meeting Date February 7, 2017 4.4 Consider the approval of a resolution authorizing the City Manager to execute the amendment of the Option and Lease Agreement with T-Mobile. —– Resolution No. 2017-004 4.5 Consider the approval of a resolution authorizing the City Manager to execute a contract amendment for additional services for Building Code and Energy Code plan review. Resolution No. 2017-005 4.7 Consider the approval of a resolution authorizing the City Manager to execute a performance agreement with Jackson-Shaw / The Oasis Limited Partnership for economic development assistance in the amount not to exceed $300,000.00. Resolution No. 2017-007 ***Councilman Terre pulled item 4.3 from the consent agenda for separate discussion*** 4.3 Consider the approval of a resolution authorizing the City Manager to execute a Landlord Consent to Assignment of the Hawaiian Falls Waterpark from CLP Colony, LP to EPR Parks, LLC, a Delaware limited liability company. Councilman Terre clarified prior to the new owners Hawaiian Falls Waterpark was able to make a payment before the sale was finalized. He stated there was no loss in revenue due to the transition. Motion to approve- Terre;second by Mikulec; motion approved with all ayes. Resolution No. 2017-003 ***Councilman Schrag pulled item 4.6 from the consent agenda for separate discussion*** 4.6 Consider the approval of a resolution authorizing the City Manager to execute a grant request from Blue Sky Sport Center to waive their 2017 lease payment due to issues related to FM 423 construction. Councilman Schrag inquired on a negotiation between Blue Sky Sport Center and the Boys Scouts in regards to clean up at the lake near the boat ramp. Owner of Blue Sky Sport Center Peter Brody advised Council a local church group had recently come out to clean up the lake. Mr. Brody stated he did not recall a request from scouts but welcomes them out if they are interested in volunteering their time. Motion to approve- Wade;second by Mikulec; motion passed with all ayes. Resolution No. 2017-006 City Council — Regular Meeting Minutes Meeting Date February 7, 2017 --- - — 5.0 REGULAR AGENDA ITEMS 4.8 Consider the approval of a resolution authorizing the City Manager to execute a grant request from Stewart Peninsula Golf Course for rent reduction up to $10,000 for their 2017 annual lease payment due to 2015-16 flood recovery expenses. Jaime and Richard Anderson presented their request for a grant on their 2017 annual lease payment to Council. They outlined the damage received during the last flood and presented photos. Jaime Anderson explained they have been established as the North Texas Junior Golf League tournament location and picked up the Scott Robbins School of Golf, which contains 60-120 children that attend lessons. [Council convened into Executive Session to discuss Item 4.8 at 8:10 p.m. and reconvened at 8:20 p.m.] Motion to approve-Mikulec;second by Wade; motion passed with all ayes. Resolution No. 2017-008 5.1 SP16-0016, Urban 8 at the Victory Site Plan Amendment: Discuss and consider an ordinance approving a site plan amendment to allow Urban 8, a restaurant concept to include eight different restaurants within a single ----- 8,400 square foot building located on SH 121, west of Firestone, within the Business Park (BP) zoning district. Councilmember Wade recused himself from discussion on this item. Director of Development Services Surupa Sen reviewed the site plan amendment for Urban 8. She advised Council of the parking, landscaping, and proposed development plan regulations. The Development Review Committee finds that the Development Plan meets all applicable requirements, and Planning and Zoning recommended approval. Stanley Rose, Developer of Local Food Court, LLC, stated this facility will be the first one to be built in the metroplex. Councilman Schrag left the meeting at 8:00 p.m. and returned at 8:08 p.m. Motion to approve-Boyer;second by Marks;motion passed with all ayes. Ordinance No.2017-2248 5.2 Discuss and consider the approval of a resolution authorizing the City Manager to adopt an updated Trails and Bikeways Master Plan. Park Development Manager Eve Morgan briefed Council on this item. She introduced Lenny Hughes, Director of Landscape Architecture with Halff & Associates. Mr. Hughes presented Council with an overview of the updated Trails & Bikeways Master Plan. Council provided discussion on this item. City Council- Regular Meeting Minutes Meeting Date February 7, 2017 Motion to approve-Schrag;second by Wade;motion passed with all ayes. Resolution No. 2017-009 5.3 Discuss and consider the approval of a resolution authorizing the City Manager to execute an engineering contract amendment with Ha1ff Associates, Inc. for additional services on FM 423 utility relocations Director of Engineering Ron Hartline presented the proposed amendment to Council. He stated the expenses for this item will be paid for out of the Denton Regional Tollway Revenue and Bond Funds. Motion to approve-Schrag;second by Mikulec; motion passed with all ayes. Resolution No. 2017-010 Executive Session was convened at 9:05 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 - City of The Colony, Texas v. B.S.A. TX-342, Limited Partnership (Budget Suites of America, TX- 3472), Cause No. 16-09568-442. ___ B. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. 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. Regular Session reconvened at 10:13 p.m. 6.2 A. Any action as a result of executive session regarding the pending or contemplated litigation - City of The Colony, Texas v. B.S.A. TX-342, Limited Partnership (Budget Suites of America, TX-3472), Cause No. 16-09568-442. No Action City Council- Regular Meeting Minutes Meeting Date February 7, 2017 _— ---- B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No Action 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. No Action 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. ADJOURNMENT And with no further business to discuss the meeting was adjourned at 10:13 p.m. APPROVED: J,4e McCo , Mayor City of The Colony A T: ST: CA CVAr ,,,, ,,,,,,,,,,,,, Tina Stewart, TRMC ,•'��'�.••""" ' �..Gp • City Secretary CI ; SEAL _ TEX A