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Home My WebLink About02/21/2017 City CouncilMINUTES OF CITY COUNCIL REGULAR SESSION HELD ON FEBRUARY 21, 2017 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:37 p.m. on the 21St day of February, 2017, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry, Mayor Present Richard Boyer, Councilmember Present Brian R. Wade, Councilmember Present Perry Schrag, Councilmember Present Joel Marks, Councilmember Present Kirk Mikulec, Councilmember Absent David Terre, Councilmember Absent And with 5 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 — 6:3 7 p. m. 1.2 Invocation Pastor Willie Williams with North Colony Church of Christ delivered the invocation. 1.3 Pledge of Allegiance 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 IHOP and Shriners Hospitals for Children Proclamation Mayor McCourry presented a proclamation to Shriners Hospital of Dallas in recognition of the IHOP National Pancake Day and Shriners Hospitals for Children's Day on March 7, 2017. 1.6 Recognition of Library volunteers for FY 2015-16 service and presentation of the James W. Althaus Volunteer of the Year Award. Library Director Joan Sveinsson presented annual Library awards to various volunteers recognizing them for their years of service and volunteer hours given to the Library in 2016. Samantha Pines received the James W. Althous Volunteer of the Year Award for 2016. 1.7 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 Minutes Meeting Date February 21, 2017 Page I2 1.7.1 Presentation from the Parks and Recreation regarding upcoming events and activities. Special Events Coordinator Lindsey Stansell provided upcoming events and activities to Council. City Manager Troy Powell announced Director of Engineering Gordon Scruggs would be retiring at the end of the month. Mr. Powell thanked him for his years of service and recognized him for the work he has accomplished. 2.0 WORK SESSION 2.1 Legislative Update Discussion Councilmember Boyer provided an update to Council on State Legislative discussions regarding the current Tax Rate, House Bill 1427, and other various legislative items the City may be interested in. 2.2 Discussion of Polling Sites for upcoming LISD May Election. Director of Government Relations Brant Shallenburger briefed Council on a discussion with Dr. Rogers, Superintendent of Lewisville School District regarding permanent polling locations at Griffin and Lakeview Middle Schools for the May and November Elections. Mr. Shallenburger stated Denton County does not have any issues with this request. Council provided discussion on this item and advised staff to set up a meeting between the City, the School District, and Denton County to discuss Council's concerns for the November Election. 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 CONSENT AGENDA Motion to approve all items from the Consent Agenda - Schrag, seconded by Wade; motion passed with all ayes 4.1 Consider approving the City Council Special Session and Regular Session minutes for February 7, 2017. 4.2 Consider the approval of a resolution authorizing the City Manager to execute the American Cancer Society/Relay for Life request for use of a mobile stage, the Five Star Complex, a fee waiver, and an exception to the City's noise ordinance (Section 6-192.c, Item 2). Resolution 2017-011 City Council — Regular Meeting Minutes Meeting Date February 21, 2017 - -- __ -- -- - - - -- — - — --- Page 13 4.3 Consider the approval of a resolution authorizing the City Manager to execute the Revisions and Additions to the Athletic Facility Usage / Rental Policy. Resolution 2017-012 4.4 Consider the approval of a Budget Amendment ordinance to increase engineering consulting fees by $75,000 for additional plan review and building inspections. Ordinance 2017-2249 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider a resolution approving a Private Transfer Agreement (Grant by Special Warranty Deed) by and between The Colony Local Development Corporation and LMG Ventures, LLC, conveying an approximately 90.147 acre tract of land out of Lot 3, Block A, Grandscape Phase II Addition, an addition within the City of The Colony, Denton County, Texas. City Attorney Jeff Moore advised that the item was discussed earlier in the Local Development Corporation (LDC) meeting that took place prior to the Council meeting. The LDC approved a proposed resolution of a Private Transfer Agreement with LMG Ventures, LLC., conveying an approximate 90.147 acre tract of land in the Grandscape addition. Motion to approve- Boyer, second by Schrag; motion carried with all ayes Resolution 2017-013 5.2 Discuss and consider the approval of a resolution authorizing the City Manager to execute and support of House Bill 1427 regarding the utility/zoning issue. Director of Government Relations Brant Shallenburger briefed Council on this item. Mr. Shallenburger stated last week in Austin he met with the Legislative Director of Texas Municipal League regarding the proposed resolution to execute the support of House Bill 1427. A copy of this resolution was presented, reviewed and mailed to the Texas Coalition of Cities for Utilities and Thomas Brocato with Lloyd Gosslink Attorneys at Law. Motion to approve- Schrag; second by Marks, motion carried with all ayes Resolution 2017-014 City Council — Regular Meeting Minutes Meeting Date February 21, 2017 Page 14 5.3 Discuss and consider the approval of a resolution granting a special exemption from the sound ordinance pursuant to Section 6-192 of the Code of Ordinances by authorizing the use of construction equipment for the FM 423 Widening project for the purpose of a water line tie-in. This item was pulled from the agenda. 5.4 Discuss and consider the approval of a resolution authorizing the City Manager to execute an agreement with Halff Associates, Inc. to provide civil engineering services for the construction of Fire Station #4. Facilities Manager Terry Gilman presented this item to Council. Motion to approve- Wade; second by Boyer; motion carried with all ayes no. Resolution 2017-014 5.5 Discuss and consider the approval of a resolution authorizing the City Manager to execute an Architectural Services Agreement with Spurgin & Associates for the architectural design of Fire Station #4. Facilities Manager Terry Gilman presented this item to Council. Motion to approve- Schrag; second by Wade; motion carried with all ayes Resolution 2017-016 5.6 Discuss and consider the approval of a resolution authorizing the City Manager to execute a contract with Transend, Inc., D/B/A Spa Skateparks for the design and construction related to the renovation and expansion of The Colony Skatepark located at Kids Colony Park. Park Development Manager Eve Morgan reviewed the proposed resolution to Council. Ms. Morgan presented preliminary drawings for the renovation of The Colony Skatepark located at Kids Colony Park. Motion to approve- Schrag; second by Wade; motion carried with all ayes Resolution 2017-017 5.7 Discuss and consider the approval of a resolution authorizing the City Manager to execute an Engineering Services contract with Halff Associates, Inc. to prepare construction plans lbr the Phase 7 Re -Construction of Residential Streets and Alley. Engineering Director Ron Hartline presented the proposed resolution to Council. Mr. Hartline stated the contract is for the design of Phase 7 Re -construction for residential streets and alleys to include Hackney Lane, Augusta Street, McAfee Drive, Walker Drive, Thompson Drive and Dooley Alley. Motion to approve- Marks; second by Schrag; motion carried with all ayes. City Council — Regular Meeting Minutes Meeting Date February 21, 2017 Page 15 Resolution 2017-018 5.8 Discuss and consider the approval of a resolution authorizing the City Manager to execute an Engineering Services contract with Alan Plummer Associates, Inc. for Extension of the Austin Ranch Force Main to the Stewart Creek Wastewater Treatment Plant. Engineering Director Ron Hartline presented the proposed resolution to Council. Mr. Hartline stated the contract design is the extension of the Austin Ranch Force Main to the Stewart Creek Wastewater Treatment Plant. Council provided discussion on this item. Gordon Scruggs former Engineering Director provided an update explaining the status on this proposed project. Motion to approve- Wade; second by Schrag; motion carried with all ayes no. Resolution 2017-019 5.9 Discuss and consider approval of a resolution for an Engineering Services contract with Ilalff Associates, Inc. to prepare construction plans for stream bank stabilization along Taylor Street. Engineering Director Ron Hartline presented the proposed resolution to Council. Mr. Hartline advised Council of erosion concerns for the stream located near Taylor Street and explained the staff recommended course of action to stabilize the erosion. Council provided discussion on this item. Gordon Scruggs former Engineering Director provided an update explaining the status on this proposed project. Motion to approve- Schrag; second by Marks, motion carried with all ayes Resolution 2017-020 Executive Session was convened at 7:54 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. City Council — Regular Meeting Minutes Meeting Date February 21, 2017 Page 16 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 Il, 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. 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. None B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. None 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. None D. Any action as a result of executive session regarding pending or conte'inplated 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. None Regular Session was reconvened at 9:12 p.m. City Council — Regular Meeting Minutes Meeting Date February 21, 2017 Page 17 ADJOURNMENT And with no further business to discuss the meeting was adjourned at 9:15 p.m. AT: tSc�- Tina Stewart, TRMC City Secretary APPROVED- iMctdurry, Mayor ity of The Colony 0 % SEAL TEXAS