MINUTES OF CITY COUNCIL REGULAR SESSION HELD ON October 3, 2017

Transcription

1 MINUTES OF CITY COUNCIL REGULAR SESSION HELD ON October 3, 2017 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 3 rd day of October 2017, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry, Mayor Richard Boyer, Councilmember Brian Wade, Councilmember David Terre, Councilmember Perry Schrag, Mayor Pro-Tem Joel Marks, Councilmember Kirk Mikulec, Councilmember 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 at 6:32 p.m. 1.2 Invocation Pastor Sherman Gardner with The River of The Colony 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 Salute to the Texas Flag was recited. 1.5 Recognize The Colony High School Theatre Program for winning the 2017 UIL 5A One-Act Play State Championship Mayor McCourry recognized the Lewisville Independent School Board Members in attendance along with the outstanding achievement of The Colony High School Theatre program in winning the A UIL State Championship for One Act Play. Director of Theatre Rhonda Craig shared the history of the program. As well as winning the State Championship three (3)students placed in three (3) categories of Design: Costume and set; Marketing; Hair and makeup. With all UIL cumulated points the Colony High School Theatre has been named the A Best Theatre Program in the State of Texas. 1 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.

2 Page Recognize members of the Fire Department for their participation in the relief efforts during Hurricane Harvey. Mayor McCourry presented a Certificate of Recognition to The Colony Fire Department for assisting in the relief efforts after Hurricane Harvey. City Manager Troy Powell commended the Fire Department for their true commitment to public service. While members assisted in Houston the remaining department worked multiple shifts to support the citizens of The Colony. 1.7 Items of Community Interest ation from the Library Director regarding current and upcoming programs, events, and service improvements. Library Director Joan Sveinsson presented the upcoming programs, events and service improvements for the Library. 2.0 WORK SESSION Councilmember Marks stated the City Council election will be held in The Colony Annex Building formerly the old Blockbuster building on November 7, 201. Early voting begins October 23, 2017 through November 3, Mr. Marks is one of two candidates for Place 6. Legacy Republican Club will host a Candidate Forum on Friday October 13, 2017 beginning 7:00 p.m. at the Calvary Christian Center located at 5220 Blair Oaks, The Colony. Mayor McCourry, Jeremy Jordan Commander of The American Legion and David Swain with Parks and Recreation were interviewed by NBC DFW Street Talk. The interview will be televised on NBC Channel 5 Saturday, October 14, 2017 at 5:00 p.m. 2.1 Receive presentation, discuss and provide direction to staff regarding future facility use. City Manager Troy Powell shared with Council that City Hall has exceeded the space needed for personnel. With the uncertainty of a new City Hall, Mr. Powell recommends City Administration and Economic Development temporarily move to the newly acquired county building located at 6301 Main Street with the EDC paying the renovation expenses. Director of Government Relations Brant Shallenburger reiterated Mr. Powell's comments. Estimated time for completion upon approval to start improvements will be January 1, Council provided discussion on item and granted approval to move forward.

3 Page Receive a presentation and update regarding the 2017/18 SPAN, Inc. service agreement. Director of Community Relations and Programming Joe Perez shared with Council the history of SPAN and their funding. SPAN provides transportation to city residents as well as Meals on Wheels and Senior Fare reimbursement services. Ms. Deb Robertson with SPAN provided an updated presentation of their services and fees to Council for consideration of a Service Agreement. 2.3 Discuss and consider nominations for individuals to serve on the Denton Central Appraisal District Board of Directors for a two year term beginning January 1, City Council nominated Councilmember David Terre for the upcoming Denton Central Appraisal District Board of Directors election. 2.4 Council to provide direction to staff regarding future agenda items. Councilmember Joel Marks mentioned Denco Board Member elections. 3.0 CITIZEN INPUT This item was combined with Regular Agenda Item CONSENT AGENDA Motion to approve all items from the Consent Agenda Mikulec; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session minutes for September 19, Consider approving Council expenditures for the month of August Consider approving a resolution authorizing the City Manager to execute a Government application and agreement with LexisNexis Risk Solutions FL Inc., for skip tracing services to assist the Municipal Court in checking for accurate addresses and driver license information for collection purposes and to alleviate misdirected mail. RESOLUTION NO Consider approving a resolution authorizing the City Manager to execute the purchase of four (4) vehicles from Holiday Chevrolet, Whitesboro, Texas, in the amount of $177, for the Police Department. RESOLUTION NO SI License to use City property next to 8 Holden Circle:

4 Page 4 Consider approving a resolution authorizing the City Manager to execute a License Agreement between the City of The Colony and Craig E. Sloan, current property owner of 8 Holden Circle allowing a long term (10 year) lease of approximately acres of City of The Colony owned land out of the J. C. Caton Survey, Abstract No. 313, City of The Colony, Denton County, Texas, to allow Mr. Sloan to use this property under the restrictions and purposes as set forth in the agreement. RESOLUTION NO Consider approving a resolution authorizing the City Manager to execute a contract to award Bid # Fireworks to Pyro Shows of Texas, Inc., for the production of 2017 American Heroes and 2018 Liberty By The Lake fireworks shows. RESOLUTION NO REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution authorizing the City Manager to execute an agreement with Cummins Southern Plains, LLC for the purchase of two (2) emergency back-up generators including accessories utilizing the HGAC buyboard pricing at $531, Project Management Analyst Evan Groeschel presented this item to Council. On March 21, 2017 the Well Site Electric and PLC Improvement Project was presented and approved by Council. The project has three components with the requested generators being part of the design and construction portion. RESOLUTION NO Motion to approve Mikulec; second by Boyer, motion carried with all ayes. 5.2 Z Lakeshore Homes - Zoning Change from Shopping Center (SC) to Planned Development - Townhouse (PD-TH): Conduct a public hearing, discuss and consider approving an ordinance to allow zoning change from Shopping Center (SC) to Planned Development - Townhouse (PD-TH) on 2.32 acres of land described as Lot 3, Block 1, Mays Addition, Cabinet K, Page 327, DRDCT and Lot 2, Block A, Mays-Taco Bell Addition, Volume 2011, Page 117, DRDCT, to allow development of 21 for sale townhomes at 4649 S. Colony Boulevard. Director of Development Services Surupa Sen presented this item to Council. The proposed development would consist of twenty-one (21) townhomes situated on undeveloped 2.32 acres located within the Mays-Taco Bell Addition and will have one point of entry along Main Street and South Colony Boulevard. Each townhome would be approximately 1,820-2,584 square feet with

5 Page 5 two (2) car attached garage with an additional twenty-two (22) guest parking spaces throughout development. The Development Review Committee and Planning and Zoning Boards recommend approval of the zoning change request. Mrs. Sen clarified that this is only the Concept Plan needed for the zoning change application. The public hearing was opened at 7:27 p.m. with the following residents appearing in opposition of this item: Robert Davis, 5012 Ridgecrest, Charles Stroud, 5041 Ridgecrest, Angela Miller, 5004 Lake Vista Drive, Steve Wolfard, 5064 Lakeshore, and Janet L. McGar, 5044 Ridgecrest. With there being no other speakers the public hearing closed at 7:39 p.m. Motion to deny Mikulec; second by Boyer, motion carried with all ayes with Wade, voting no. 5.3 SI Amendments to Deed Restrictions: Conduct a public hearing, discuss and consider approving a resolution to amendment Deed Restrictions applicable to properties located at 4649 S. Colony Boulevard, being 2.32 acres of land described as Lot 3, Block 1, Mays Addition, Cabinet K, Page 327, DRDCT and Lot 2, Block A, Mays-Taco Bell Addition, Volume 2011, Page 117, DRDCT. ***As a result of Item 5.2 being denied this item was not discussed*** 5.4 SI Right-of-Way (ROW) Abandonment and Quitclaim Deed: Discuss and consider approving an ordinance abandoning, vacating, and closing unused roadway right-of-way consisting of an approximate 6,105 square feet or acre tract of land located in the Richard Dunlap Survey, Abstract No. 352, City of The Colony, Denton County, Texas, and adjacent to lots 1, 2 and 3 of the Beach & Tennis Club Addition, and authorizing the City Manager to execute a deed or deeds conveying said unused right-of-way to the adjacent property owner or owners. Director of Development Services, Surupa Sen presented this item to Council. Mrs. Sen confirmed that ROW abandonment is the City of the Colony's property and recommends a Quitclaim Deed be awarded to the adjacent property owners. ORDINANCE NO Motion to approve Mikulec; second by Marks, motion carried with all ayes. 5.5 A Annexation on Ethridge Drive: Discuss and consider approving an ordinance annexing an approximately acres of land, located in the city's extraterritorial jurisdiction and adjacent and contiguous to the City of The Colony, and approving an Annexation Service Plan.

6 Page 6 Director of Development Services, Surupa Sen briefed Council on the proposed ordinance. She stated this item has been discussed during the last two City Council meetings. The annex covers acres of land that was conveyed through ROW abandonment. Once homeowners begin developing the lots all plans will need to be brought back before Council. ORDINANCE NO Motion to approve Marks; second by Boyer, motion carried with all ayes. 5.6 SP Grandscape Lifestyle Center Area 2B Development Plan: Discuss and consider approving an ordinance approving a Development Plan to allow development of Grandscape Lifestyle Center Area 2B, a 126,000-square foot, two-story mixed use building, which accommodates retail, office, restaurant and a movie theater north of the Nebraska Furniture Mart within Planned Development 25 (PD 25) aka the Grandscape Planned Development Zoning District. Directory of Development Services, Surupa Sen presented the proposed ordinance to Council. Mrs. Sen reiterated that Grandscape Development plans will be presented in multiple sections throughout the development process. The Development Review Committee finds the plan meets all requirements of the Zoning Ordinance and Planning and Zoning Board approved plan at their September 12, 2017 meeting of Grandscape Lifestyle Center Area 2B as presented. ORDINANCE NO Motion to approve Mikulec; second by Terre, motion carried with all ayes. 5.7 Discuss and consider approving a resolution authorizing the City Manager to execute a construction services contract with Willco Underground for the installation of a flow meter and associated MultiSmart data communications equipment at the Tribute Lift Station and installation of a flow meter at the Austin Ranch Lift Station. Director of Engineering, Ron Hartline presented the proposed resolution to Council. Mr. Hartline explained with the continuous development occurring in both Austin Ranch and The Tribute the capabilities of both lift stations need to be evaluated to confirm they can handle the influx of growth. The installation of flow meters with associated MutiSmart data communications will allow the city to keep daily track of flows and infiltration into the collection system. Council provided discussion on item. RESOLUTION NO

7 Motion to approve Schrag; second by Wade, motion carried with all ayes. City Council Regular Meeting Page Receive report from Friends of The Colony Public Library regarding the results of the August 27, 2017 fundraising event held at Lava Cantina. ***This item was discussed during Library presentation*** Friends of the Public Library, Treasurer, Carrie Cox presented Council with the outcome of their first fundraiser with Lava Cantina. Overall a great event with fifty tickets sold and a net income of $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 acre tract of land consisting of Lot 4, Block B, Grandscape Phase II Addition, an addition within the City of The Colony, Denton County, Texas. Assistant City Manager of Operations, Tod Maurina presented this item during the Local Development Corporation meeting prior to the start of regular session City Council meeting. Council had no further questions. RESOLUTION NO Motion to approve Terre; second by Mikulec, motion carried with all ayes. Executive Session was convened at 8:17 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Section 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 of the Texas Government Code to seek legal advice from the city attorney regarding a proposed Second Amendment to Development Agreement with Billingsley Development Corporation. C. Council shall convene into a closed executive session pursuant to Section 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 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No D. Council shall convene into a closed executive session pursuant to Section of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation Atlantic Colony Venture

8 Page 8 I, LLC and Atlantic Colony Venture II, LLC v. City of The Colony, Texas, et al., Cause No E. Council shall convene into a closed executive session pursuant to Section of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Director of Community Relations and Programming. Regular Session was reconvened at 10:02 p.m. 6.2 A. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. B. Any action as a result of executive session regarding a proposed Second Amendment to Development Agreement with Billingsley Development Corporation. C. Any action as a result of executive session regarding pending or contemplated litigation Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No D. 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. E. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Director of Community Relations and Programming. ADJOURNMENT With there being no further business to discuss the meeting was adjourned at 10:03 p.m. APPROVED: Joe McCourry, Mayor City of The Colony

9 Page 9 ATTEST: Tina Stewart, TRMC City Secretary