HomeMy WebLinkAbout05/16/2017 City CouncilMINUTES OF CITY COUNCIL REGULAR SESSION
HELD ON
— - MAY 16, 2017
The Regular Session of the City Council of the City of The Colony, Texas, was called to
order at 6:30 p.m. on the 16th day of May, 2017, 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, Mayor Pro -Tem
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 6:30 p.m.
1.2 Invocation
Horizon's Church Youth and Worship Pastor Lauren Netherland 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
Salute to the Texas Flag was recited.
1.5 Recognize members of The Colony High School Girls and Boys Wrestling
Teams for their accomplishments at the State Tournament
Mayor McCourry recognized young men and women athletes for achieving great goals within
the wrestling teams at The Colony High School. These young athletes have shown excellent
work ethic by achieving top recognition in winning either at the District, Regional or
State Championship level. Mayor acknowledged The Colony High School Principal Tim
Baxter and Coach Chuck Brown for receiving the Wrestling Coach of the Year award for 2017.
1.6 Recognize the new Municipal Court Administrator
Director of Government Relations Brant Shallenburger recognized Constance White as the
new Municipal Court Administrator.
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 —Meeting Minutes
May 16, 2017
1.7 Proclamation recognizing Water Safety Month
Mayor McCourry recognized the month of May 2017 as "National Water Safety Month". The
proclamation was accepted by Aquatics Manager Elise Knox. Mrs. Knox presented awareness
on drowning and ways to prevent the silent killer.
1.8 The Colony Bike Friendly Community Announcement
Park Development Manager Eve Morgan announced The Colony's Bicycle Committee received
an honorable mention as "Bike Friendly Community "from the League ofAmerican Bicyclists.
1.9 Items of Community Interest
1.9.1 Receive presentation from Parks and Recreation regarding upcoming events
and activities
Recreation Manager David Swain presented the upcoming events for the Parks and Recreation
Department.
Mayor McCurry announced his visit to Stewart Creek Elementary School for their virtual zoo
ribbon cutting ceremony held on May 15, 2017.
2.0 WORK SESSION
2.1 Council to provide direction to staff regarding future agenda items
None
3.0 CITIZEN INPUT
1. Suzanne Fuentez, 4909 Hackney Lane, The Colony, and Pam Allen, 4928 Hackney bane, The
Colony, spoke concerning drug activity in their community and on sidewalk improvements.
2. Bill Kula, 6413 Ladbrook Court, Plano, with the Kingsridge Homeowners Association, spoke
concerning noise issues within the development in the Grandscape area.
4.0 CONSENT AGENDA
Motion to approve- Schrag; second by Wade, motion carried with all ayes
4.1 Consider approving City Council Regular Session minutes for May 2, 2017
and City Council Special Session minutes for May 6, 2017.
4.2 Consider approving an ordinance authorizing a Negotiated Settlement
Agreement between the Atmos Cities Steering Committee and Atmos Energy
Corporation regarding the company's 2017 RRM filing.
ORDINANCE NO. 2017-2254
4.3 Consider approving a resolution authorizing the City Manager to execute the
Rescinding and Releasing Declarative of Protective Covenants filed on an
City Council —Meeting Minutes
May 16, 2017
approximately 18.723 acre tract or tracts of land in the Samuel Hayes
-- -- Survey, Abstract 648.
RESOLUTION NO. 2017-046
5.0 REGULAR AGENDA ITEMS
5.1 SUP17-0001 Pappy's Pet Lodge Specific Use Permit (SUP):
Conduct a public hearing, discuss and consider an ordinance approving a
request for Specific Use Permit (SUP) to allow Pappy's Pet Lodge at 4000
Paige Road to operate with the designated "outdoor play area" with
stipulations concerning surface treatment and storm water pollution
prevention, revoking SUP Ordinance # 2016-2221.
Director of Development Services Surupa Sen reviewed the proposed request for Specific Use
Permit to allow Pappy's Pet Lodge. She advised Council of the background and prior action,
revised policy and procedures and the proposed awning location for this site. Ms. Sen stated
with the proposed changes, the Development Review Committee feels confident that the outdoor
play area can be utilized for the desired,function (play/walk the pets) without contaminating the
storm water drainage system and recommends approval of the proposed SUP. The Planning and
Zoning Commission recommended approval on May 9, 2017.
Council provided discussion on this item.
The public hearing was opened and closed at 7:22 p.m. with there being no speakers.
Motion to approve- Terre; second by Schrag, motion carried with all ayes with Mayor
McCourry and Councilman Wade voting no.
ORDINANCE NO. 2017-2255
5.2 Z17-0001 Brentwood Court Townhomes Phase II - Zoning Change from
Shopping Center (SC) to Townhouse Dwelling (TH) Zoning District:
Conduct a public hearing, discuss and consider an ordinance approving a
request for Zoning Change from Shopping Center (SC) to Townhouse
Dwelling (TH) Zoning District allowing Town Homes Development at 5600
North Colony Boulevard being 1.4384 acres of land described as portion of
Colony Park Baptist Church, Volume 1407, Page 435, DRDCT and all of
Colony Park Baptist Church, Volume 1407, Page 431, DRDCT.
Director of Development Services Surupa Sen reviewed the proposed request to allow zoning
change of property located at 5600 North Colony Boulevard. She stated nineteen townhouse lots
will be developed on a 1.44 acre of land. If approved the townhome development will have a
total of 43 for -sale townhomes with an estimated average of $280,000 sale price. Ms. Sen
advised Council of the developments screening plan and details, development standards and
elevations. The Development Review Committee recommends approval and the Planning and
Zoning Commission recommends approval of the request for zoning change from shopping
_ _ center to townhouse dwelling zoning district.
City Council —Meeting Minutes
May 16, 2017
Council provided discussion on this item.
The public hearing was opened at 7:31 p.m. and closed at 7:32 p.m. with there being no
speakers.
Fernando Quintana Arbitrator with Executive Realty Group shared with Council the initiative
taken by his company in communicating with neighbors in the community regarding the new
development.
Motion to approve- Mikulec; second by Wade, motion carried with all ayes
ORDINANCE NO. 2017-2256
5.3 Receive presentation, discuss and consider approval of updates to the City's
Mosquito Management and Response Plan and expanded treatment zones if
needed.
Director of Parks and Recreation Pam Nelson briefed Council on the implementation of the
mosquito management plan and changes to the response plan. Ms. Nelson introduced Patrick
Prather with Municipal Mosquito who provided a presentation to Council on the difference of
Emerging Mosquito Borne Diseases and Vector Control. Ms. Nelson gave an overview on this
item providing a number of annual positive pool test results and current West Nile Virus plan of
action. She noted there is an information page on the city's website and an email address that
can be used to send the city information on potential mosquito breeding sites. She reminded
everyone of preventative measures people can take to reduce the chances of exposure.
Motion to approve- Wade, second by Mikulec, motion carried with all ayes
5.4 Discuss and consider approving an ordinance amending the budget to fund
Bridges Cemetery restoration and Alley Fence replacement in the amount of
$32,000 and award the headstone restoration portion of the project to
Versar.
Park Development Manager Eve Morgan reviewed the proposed budget amendment to fund
restoration at Bridges Cemetery. She stated the project would be funded by the Lake Parks fund
account of the Community Development Corporation.
Motion to approve- Boyer; second by Marks, motion carried with all ayes
ORDINA.'VCE NO. 2017-2257
5.5 Discuss and consider approving an ordinance amending the budget for
Stewart Creek Park - Entry Feature in the amount of $60,000 and awarding
the design, construction and landscaping portions of the project.
Park Development Manager Eve Morgan reviewed the proposed budget amendment.for Stewart
Creek Park entry feature. She stated the project would be,funded through the Lake Parks fund
account of the Community Development Corporation.
May 16, 2017
Motion to approve- Mikulec; second by Wade, motion carried with all ayes
ORDINANCE 2017-2258
- 5.6 Discuss and consider approving a resolution authorizing the City Manager to
execute the increase of Residential Solid Waste and Recycling rates by 2.1
percent and the increase of Commercial Solid Waste rates by 2.1 percent as
specified in Appendix A.
Assistant City Manager Tim Miller briefed Council on the proposed resolution. He stated the
renewal contract stipulates a CIP increase based on the consumer price index. Mr. Miller
advised the change will reflect an increase on an average residential bill of thirty to thirty-
one cents.
Motion to approve- Terre, second by Marks, motion carried with all ayes
RESOLUTION NO. 2017-047
5.7 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.
Director of Community Relations and Programming Joe Perez briefed Council on this
item. Assistant City Manager Tim Miller stated there was a study performed to compare roll off
rates to our neighboring cities with The Colony's rates being the same for each size of roll off
due to the distance to the landfill.
Motion to approve- Mikulec; second by Wade, motion carried with all ayes
ORDINANCE NO. 2017-2259
Executive Session was convened at 8:26 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. Cougcil shall cony' aie,.into a closed executive session pursuant to Section
551.071,; o the Texas Government Code to seek legal advice from the city
attorney-regardini .Jpen&g or contemplated litigation — Atlantic Colony
7 k'
May 16, 2017
Venture I, LLC and Atlantic Colony Venture 11, LLC v. City of The Colony,
Texas, et al., Cause No. 16-02219-442.
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.
Motion to authorize the City's Attorney to appeal the Public Utility Commission's Order issued
May 4, 2017, in PUC Docket Number 45175, including the filing of a motion for rehearing
before the PUC.
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
Regular Session was reconvened at 10:12 p.m.
ADJOURNMENT
With there being no further business to discuss the meeting was adjourned at 10:13 p.m.
TT T: -�
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Tina Stewart, TRMC
City Secretary
APPROVED:
4-
J tCourry, Mayor7itoThe Colony
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