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Home My WebLink About04/18/2017 City CouncilMINUTES OF CITY COUNCIL SESSION HELD ON APRIL 18, 2017 - _ 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 18th day of April, 2017, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: ►'ie McColl: i N. Mavui Present hail. 111l.u1ec. C'ouncilmeniher Present C0u111c11membei Present Bi mn bade. C'oLmcilmember Present D, x icl lea . Counc,lmember Present 1'c i i \ hi ag. May or Pi o -rein Present .1o,,l \,Iarks COL.InCllrnembei 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 34 p.m. 1.2 Invocation - - Reverend Marsha Middleton with First United Methodist Church delivered 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 Announcement acknowledging the City of The Colony Employee of the Quarter. Director of Human Resources Rodney Wallican announced Colt Wight as The Colony's Employee of the Quarter Assistant City Manager Tim Miller acknowledged Chris Vasquez Director of Information Technology and his team for their outstanding customer service provided to the city. 1.6 A presentation from the Texas A&M Forest Service presenting the Tree City USA Flag to the City of The Colony. Park Development Manager Eve Morgan introduced Mike Sills with Texas A&M Forest Service. Mr. Sills presented the city with the Tree City USA award This is the ninth year the city has received this award. 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 April 18, 2017 Pagel2 – -- – 1.7 Items of Community Interest 1.7.1 Receive a presentation from Parks and Recreation regarding upcoming events and activities. Special Event Coordinator Lindsey Stansell presented the upcoming events for the Parks and Recreation Department. 2.0 WORK SESSION 2.1 Council to provide direction to staff regarding future agenda items. None 3.0 CITIZEN INPUT 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Schrag; second by Mikulec, motion carried with all ayes. 4.1 Consider approving the City Council Regular Session minutes for April 4, 2017. 4.3 Consider approving a resolution authorizing the City Manager to execute a "— contract amendment with Halff Associates, Inc. for the review of development construction plans and other related engineering tasks. RESOI.UTION NO. 2017-034 4.4 Consider approving a resolution authorizing the City Manager to execute an amendment to the Communication Facility License Agreement with T - Mobile for the Water Tower located on North Colony Boulevard. RESOLUTION NO. 2017-035 4.5 Consider approving a resolution authorizing the City Manager to execute a construction services contract with Pennington Utility Construction for storm drainage improvements on North Park Drive. RESOLUTION NO. 2017-036 4.6 Consider approving a resolution authorizing the City Manager to execute a contract amendment to allow additional engineering design services for the North Trunk Sewer Pipeline Project; to bid two flow meters and associated SCADA equipment at the Austin Ranch and Tribute Lift Stations as a -- -- separate project. RESOLUTION NO. 2017-037 City Council — Regular Meeting Minutes Meeting Date April 18, 2017 Pagel 3 ***Councilman Terre pulled item 4.2 from the consent agenda for separate discussion*** 4.2 Consider approving an ordinance amending the FY 2017 Budget for the Special Events Fund. Councilman Terre thanked the Parks and Recreation Department for their hard work in putting the American Heroes festival together Mr. Terre requested clarification on the opening budget on this event. Recreation Manager David Swain provided an update to Council on the entertainment considerations and the budget adjustment for the opening and headline acts. Council provided discussion of this item. Motion to approve an ordinance amending the Fiscal Year 2017 Budget for the Special Events Fund- Terre; second by Wade, motion carried with all ayes. ORDINANCE NO. 2017-2251 5.0 REGULAR AGENDA ITEMS 5.1 SP16-0018, Victory at The Colony Site Plan Amendment: Discuss and consider approving an ordinance for Site Plan amendment to allow Victory at The Colony, a retail/restaurant complex with two buildings totaling 23,900 square feet on a 3.902 -acre parcel of land located on SH 121, east of Top Golf and west of Firestone, within the Business Park (BP) Zoning District. Director of Development Services Surupa Sen reviewed the proposed site plan amendment for Victory at The Colony. She advised Council of the parking, landscaping platting status, gateway overlay district amenities and the gateway landscaping amenities requirements The Development Review Committee finds that the Development Plan meets all applicable requirements, and the Planning and Zoning Commission recommended approval. Motion to approve an ordinance for Site Plan amendment to allow Victory at The Colony, a retail/restaurant complex with two buildings totaling 23,900 square feet on a 3.902 -acre parcel of land located on SH 121, east of Top Golf and west of Firestone, within the Business Park (BP) Zoning District; Mikulec; second by Boyer, motion carried with all ayes. ORDINANCE NO. 2017-2252 5.2 Discuss and consider approving a resolution authorizing the execution of a Shared Access Agreement by and between Oncor Electric Delivery Company LLC and the City of The Colony, a Texas Home -Rule Municipality, concerning easements for the installation, maintenance, and operations of City Council — Regular Meeting Minutes Meeting Date April 18, 2017 Paged 4 -- - -- their facilities; providing a severability clause; and providing for an immediate effective date. Assistant City Manager Tod Maurina briefed Council on the proposed resolution Mr Maurina stated back in November there were previous easements approved for the installation, maintenance and operations with Oncor Electric throughout the Grandscape Development. The proposed resolution allows for shared access to run a sewer line within the same easement and provides the city access to our facilities for public safety reasons Motion to approve a resolution authorizing the execution of a Shared Access Agreement by and between Oncor Electric Delivery Company LLC and the City of The Colony, a Texas Home -Rule Municipality, concerning easements for the installation, maintenance, and operations of their facilities;- Marks; second by Mikulec, motion carried with all ayes. RESOLUTION NO. 2017-038 5.3 Discuss and consider approving a resolution authorizing the publication of Notice on Intention to issue Certificates of Obligation not to exceed $7.5 million for the purchase of land. Assistant City Manager Tim Miller reviewed the proposed resolution to Council Motion to approve a resolution authorizing the publication of Notice on Intention to issue Certificates of Obligations not to exceed $7.5 million for the purchase of land- Marks; second by Wade, motion carried with all ayes. RESOLUTION NO. 2017-039 5.4 Discuss and consider approving an ordinance prohibiting the use of Non - Franchise Roll -Offs, Front -loaders, or other containerized units for the collection of residential construction and demolition materials. This item was pulled from the agenda and not discussed Mayor requested staff to prepare additional information on this item and present at the next scheduled meeting. 5.5 Discuss and consider approving a resolution authorizing and approving the execution of a Special Warranty Deed by and between the Colony Local Development Corporation and the City of the Colony, a Texas Home -Rule municipality, concerning the conveyance of an approximately 3.388 Acre tract of land; providing a severability clause; and providing for an immediate effective date. - --- Mayor McCourry stated the proposed resolution was discussed earlier during the Local Development Corporation meeting Councilman Boyer provided a brief City Council — Regular Meeting Minutes Meeting Date April 18, 2017 Pagel 5 overview of the special warranty deed to convey land designated for fire station #4 in the Grandscape District Motion to approve the execution of a Special Warranty Deed by and between the Colony Local Development Corporation and the City of the Colony, a Texas Home -Rule municipality, concerning the conveyance of an approximately 3.388 Acre tract of land- Terre; second by Schrag, motion carried with all ayes. RESOLUTION NO. 2017-040 5.6 Discuss and consider approving a resolution nominating Evan Groeschel to the North Texas Groundwater Conservation District for a four year term to expire in June 2021 and providing an effective date. Mayor McCourry made a motion to reappoint Project Management Analyst Evan Groeschel as the board's Secretary/Treasurer to the North Texas Groundwater Conservation District. Motion to approve the reappointment of Evan Groeschel to the North Texas Groundwater Conservation District for a four year term to expire in June 2021 - Boyer; second by Marks, motion carried with all ayes. RESOLUTION NO. 2017-041 Executive Session was convened at 7.23 p. m. 6.0 EXECUTIVE SESSION 6.1 A. 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. 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 551.071 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. Regular Session was reconvened at 8 14 p. m. City Council — Regular Meeting Minutes Meeting Date April 18, 2017 Paged 6 -- - — 6.2 A. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. 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 pending or contemplated litigation - Atlantic Venture, LLC and Atlantic Colony Venture I1, LLC v. City of The Colony, Texas, et al. No Action ADJOURNMENT With there being no further business to discuss the meeting was adjourned at 8 15 p m. A TE T: &C 04 Tina Stewart, TRMC City Secretary APPROVED: McCourry, Mayor of The Colony ..�� V; SEAL