HomeMy WebLinkAbout11/20/2012 City Council
November 20, 20 12
1NIIINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
NOVEMBER 20, 2012
The Regular Session of the City Council of the City of The Colony, Texas, was called to
order at 7:05 p.m. on the 20th day of November 2012, at City Hall, 6800 Main Street,
The Colony, Texas, with the following roll call:
Joe McCourry Mayor Present
Kirk Mikulec COUnelhnember Present
Richard Boyer Councilmember Present
Jeff Connelly Councilmember Present
David Tcrre COllnellmember Present
Perry Schrag Counclhnelllber Present
Joel Marks Mayor Pro-Tern Present
And with seven council members present a quorum was established and the following
items were addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND
PROCLAMATIONS:
Call to Order
Invocation David Terre
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Citizen Input- Christi Martin stated she supports the partnership with Little Elm
(as was mentioned in the work session.)
Announcement of upcoming) civic events and activities Library announcements;
Parks and Recreation announcements- both departments announced upcoming
Christmas holiday related activities. Councihnember Connelly thanked the Parks
department for the Veterans' Day event. Mayor McCourry added the Fire
department was instrumental in securing safety during the fireworks and dealing
with the wind. The Mayor also thanked city staff who met with the Leadership
class from Lakeview Nliddle School recently.
2.0 CONSENT AGENDA.
2.1 Consider approval of minutes of council meetings held October 16 [Terre
absents, 22, and 30 ISchrag absent], 2012 (City Secretary)
2.2 Consider approving City Council expenditures for September 2012 (Council)
2.3 Consider approving a resolution authorizing the city manager to execute an
Agreement for Professional Services with Building Code Consulting Services,
LLC for the purpose of providing building code and energy code plan review
and inspection services for the Nebraska Furniture Mart project (ACM
Maurina)
Motion to approve- Schra-; second by Marks; motion passed ►vith all aj es.
These items arc strictly public servlCe announcements. No action will be taken and no direction will he given
regarding these items.
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November 20, 2012
3.0 REGULAR AGENDA ITEMS
3.1 Discuss and consider approving a resolution authorizing the mayor to
execute an Engagement Letter with Piper Jaffray & Co. to serve as
Underwriters for the Nebraska Furniture Mart project bond issuance (ACM
Miller)
Assistant City Manager Tim Miller provided a revised engagement letter to the
city council noting the changes. He said that as revised the debt issuance will
now be a blend of public and private debt, and will add flexibility to the payment
schedule. Tim reminded the council that tonight's approval is only for the
engagement letter for this firm to act as underwriter for the project and does not
include any actual funding items tonight.
Motion to approve- Marks; second by Mikulec; motion passed with all ayes.
3.2 Discuss and consider rescheduling and/or canceling city council meetings
scheduled for December 4 and December 18, 2012 (Council)
This item is to consider meeting dates due to the December holidays.
Motion to hold the regular meeting on December 4`" and cancel the December 18"'
nneetiug- Terre; second by Schrag; motion passed with all ayes except for
Connelly who voted no.
3.3 Discuss and consider rescheduling or canceling the city council meeting
scheduled for January 1, 2013 (Council)
This is due to the first regular meeting being scheduled on New Year's Day.
Motion to cancel the January P, 2013 meeting- Marks; second by Schrag; motion.
passed with all ayes.
3.4 Conduct a public hearing, discuss, and consider approval of a Development
Plan for a new 64,100 square foot recreation facility, Top Golf, on
approximately 12.88 acres of land, including a restaurant and pro shop, to be
located on the southeast corner of Memorial Drive and Blair Oaks Drive.
(Development Services, Joyce)
Development Services Director Mike Joyce reviewed the proposed facility,
including location, landscaping, parking and access, and the building elevations.
The Planning and Zoning Commission recommends approval. Councilmember
Marks asked whether the lighting would create any issues with traffic on the
highway. Mr. Joyce said that most is down lighting. The public hearing was
opened at 7:35 p.m. Christi Martin expressed support for the project. Zack Shore
representing the developer spoke as well, thanking the council. Public hearing
was closed at 7:37 p.m.
Motion to approve- Marks; second by Mikulee; motion passed with all ayes.
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November 20, 2012
Councilmember Connelly stated the city needs to look at the ways vehicles can
exit for Blair Oaks sooner off S.H. 121. Several councilmembers and the city
manager spoke in favor of the project.
3.5 Receive presentation, discuss and consider approving a resolution adopting
the proposed Cultural Arts Master Plan (Cultural Arts Board Liaison,
Groeschel)
Evan Groeschel introduced this item, saying this is the final draft of the CAMP.
Kathy Costa and Joan Lux of the cultural arts board spoke in favor of the plan.
David Plettner-Saunders of The Cultural Planning Group reminded the council of
the previous presentation in March when the council asked for revisions to the
draft plan then reviewed the proposed document. Citizen Christi Martin told the
council that there is a lot of good information included in the document but that it
needs to include photo credits. She also said that she is concerned with the
emphasis on the cultural arts board involvement and the emphasis on outdoor
events that are affected by weather. While some council members spoke
favorably of the document, it was noted by the consultant that follow-up
consultations are available. Councilmember Connelly requested an executive
session at 8:17 p.m. Council reconvened open session at 8:29 p.m. A brief
discussion followed regarding grants, an arts administrator position, and future
changes to the plan.
Motion to approve- Schra,; second by 1Vlikulec; motion passed ivith all ayes.
3.6 Discuss and consider approving a resolution accepting a preliminary service
and assessment plan, proposed assessment roll, and a proposed
reimbursement agreement for the City of The Colony Public Improvement
District No. 1, ordering a public hearing to consider an ordinance levying an
assessment on property located within the City of The Colony Public
Improvement District No. 1, and authorizing the publication of notice and
mailed notices for said hearing (City Attorney)
Not addressed.
3.7 Discuss and consider approving a resolution rescinding Resolution No. 2012-
038, which rescinds the Construction Management Agreement, and
rescinding Resolution No. 2012-041, which rescinds a Reimbursement
Agreement, both of which are by and between the City of The Colony, Texas,
The Colony Community Development Corporation, and NFM Services, LLC,
a Texas limited liability company (City Attorney)
City Attorney Jeff Moore explained to the council that on May 15, 2012 two
construction management agreements for the Nebraska Furniture Mart Project
were adopted- one for if bonds are issued and one in the event no bonds are
issued. It is expected that bonds will be issued soon and therefore there is no
longer a need for the construction management agreement for no bonds or the
related reimbursement agreement. He stated that the Community Development
Corporation rescinded the documents on November 8, 2012. He added that the
next two agenda items, 3.8 and 3.9 (Economic Development and Local
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November 20, 2012
Development) are similar items for council to consider and already approved by
those boards.
Motion to approve a resolution rescinding a Construction Management Agreement,
Resolution No. 2012-038, and rescinding a Reimbursement Agreement,
Resolution No. 2012-041 as presented- Terre; second by Nlarks; motion passed
with all ayes.
3.8 Discuss and consider approving a resolution rescinding Resolution No. 2012-
039, which rescinds the Construction Management Agreement, and
rescinding Resolution No. 2012-042, which rescinds a Reimbursement
Agreement, both of which are by and between the City of The Colony, Texas,
The Colony Economic Development Corporation, and NFM Services, LLC, a
Texas limited liability company (City Attorney)
(See 3.7.)
Motion to approve a resolution rescinding a Construction Management Agreement,
Resolution No. 2012-039, and rescinding a Reimbursement Agreement,
Resolution No. 2012-042 as presented- Connelly; second by Boyer; motion
passed with all a dyes.
3.9 Discuss and consider approving a resolution rescinding Resolution No. 2012-
040, which rescinds the Construction Management Agreement, and
rescinding Resolution No. 2012-043, which rescinds a Reimbursement
Agreement, both of which are by and between the City of The Colony, Texas,
The Colony Local Development Corporation, and NFM Services, LLC, a
Texas limited liability company (City Attorney)
(See 3.7.)
Motion to approve a resolution rescinding Resolution No. 2012-040 and rescinding a
Reimbursement Agreement, Resolution No. 2012-043 as presented- Connelly;
second by Marks; motion passed with all ayes.
3.10 Discuss and consider approving a resolution approving an Amended and
Restated Construction Management Agreement with the City of The Colony,
Texas, The Colony Community Development Corporation, and NFM
Services, LLC, a Texas limited liability company (City Attorney)
Jeff Moore stated 3.10, 3.11, and 3.12 are similar agenda items. Some minor
revisions have been made to the CMA with bond issuance.
Motion to approve a resolution approving and authorizing the execution of ant
Amended and Restated Construction Management Agreernnernt with the City of
The Colony, Texas, The Colony Community Development Corporation, and
NFM Services, LLC, as presented- Marks; second by Connelly; motion passed
with all ayes.
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November 20, 2012
3.11 Discuss and consider approving a resolution approving an Amended and
Restated Construction Management Agreement with the City of The Colony,
Texas, The Colony Economic Development Corporation, and NFM Services,
LLC, a Texas limited liability company (City Attorney)
(See 3.10)
,11otionto approve a resolution approving and authorizing the execution of an
11mended and Restated Construction Management Agreement with the City of
The Colony, Texas, The Colony Economic Development Corporation, and
NFJI Services, LLC, rrs presented-Terre; second by Marks; motion passed with
all ayes.
3.12 Discuss and consider approving a resolution approving an Amended and
Restated Construction Management Agreement with the City of The Colony,
Texas, The Colony Local Development Corporation, and NFM Services,
LLC, a Texas limited liability company (City Attorney)
(See 3.10) Jeff Moore advised there were some changes to this document after the
agenda packet came out and lie provided council with a copy of those changes.
Motion to approve a resolution approving and authorizing the execution of an
Amended and Restated Construction Management Agreement )14th the City of
The Colony, Texas, The Colony Local Development Corporation, and
NFM Services, LLC, tivith the revisions as presented- Boyer; second by
Connelly; motion passed with all ayes.
3.13 Conduct a public hearing, discuss, and consider approving an ordinance
amending the Code of Ordinances, Appendix A, Section 1013, Accessory
Structures to allow attached carports, establish regulations for same, and to
correct scrivener errors that do not affect content (Development Services,
Joyce)
Mike Joyce explained that the Code of Ordinances authorizes detached carports
but inadvertently omitted attached carports. The Planning and Zoning
Commission recommended approval. The public hearing was opened and closed
at 8:57 p.m. with no one wishing to speak.
11otionto approve-Schrag; second by 31arks; motion passed with. all ayes.
3.14 Conduct: a public hearing, discuss, and consider approving an ordinance
amending the Code of Ordinances, Article XI of Chapter 6, Section 6-261(j)
Feather Signs, to allow the display of said signs six (6) times per calendar
year for a maximum number of thirty (30) days per permit (Development
Service, Joyce)
Mike Joyce explained that this will allow feather signs to be displayed up to six
times per year with a maximum of 30 days per permit. The Sign Board of Appeal
approved this change. The public hearing was opened and closed at 9:01 p.m.
with no one wishing to speak.
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November 20, 2012
Motion to approve- Connelly; second by Schrag; motion passed with all ayes.
3.15 Discuss and consider adopting a resolution, pursuant to the authority
contained in Texas Senate Bill 100 (2011), amending the municipal general
election dates from the May uniform election dates to the November uniform
election dates, and providing for a transition schedule; adoption of the
resolution will result in the current city council terms being extended for six
months and elections being held on the first Tuesday following the first
Monday of November in future election years (Council)
Mayor McCourry stated he believes moving the city council meetings to
November when the Federal and State elections are held will improve voter
turnout for city (council) elections. It was noted that Denton County Elections
will print the city's election items at the beginning of the ballot in order to avoid
straight party voting that could affect city elections.
Motion to approve- Marks; second by Mikulec; motion passed with all ayes except for
Connelly who voted no.
3.16 Discuss and consider sponsoring the 2013 Denton County Days and possible
council member attendance (Council)
Several council members spoke against the city participating in this event. City
Manager Troy Powell indicated lie plans for the city to go to Austin monthly
starting next year but will add this item to a future work session.
Executive session was convened at 9:26 p.m.
4.0 EYECUTNE SESSION
4.1 A. Council sliall convene into a closed executive session pursuant to
Sections 551.071 and 551.072 of the TEXAS GoVERNIMENT CODE to seek legal
advice from the city attorney and to deliberate the purchase, exchange, lease,
or value of real property, and to consider authorizing the use of eminent
domain to condemn property consisting of approximately 0.0673 acres of
land for right-of-way, in fee simple, and approximately 0.1333 acres of land
for a drainage easement, located within R.P. Hai-din Survey, Abstract No.
611, City of Frisco, Denton County, Texas, for public roadway
improvements.
B. Council shall convene into a closed executive session pursuant to
Sections 551.071 and 551.072 of the TEXAS GOVERNMENT CODE to seek legal
advice from the city attorney and to deliberate the purchase, exchange, lease,
or value of real property, and to consider authorizing the use of eminent
domain to condemn property consisting of approximately 3.2933 acres of
land for right-of-way, in fee simple, located within the R.P. Hardin Survey,
Abstract No. 611, and the William G. Garvin Survey, Abstract No. 453, and
approximately 0.2651 acres of laud and approximately 0.3394 acres of land
for slope and grading easements, located within the William G. Garvin
Survey, Abstract No. 453, City of Frisco, Denton County, Texas, for public
roadway improvement.
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November 20, 20 t 2
Reconvened to Open Session at 9:57 p.m.
4.2 A. Any action as a result of executive session regarding the purchase,
exchange, lease, or value of real property, and to consider authorizing the use
of eminent domain to condemn property consisting of approximately 0.0673
acres of land for right-of-way, in fee simple, and approximately 0.1333 acres
of land for a drainage easement, located within R.P. Hardin Survey, Abstract
No. 611, City of Frisco, Denton County, Texas, for public roadway
improvements.
1 move to approve a resolution authorizing the City of The Colony, Texas, to
use the power of endueut dornin to acquire approximately 0.0673 acres of laud
for right-of=jvay, in fee siurple, and approximately 0.1333 acres of laud for a
drainage easement, located fvithin R.P. Hardin Survey, Abstract No. 611, City
of Frisco, Denton County, Texas, City of Frisco, Denton County, Texas, for
public road►vay, improvements- Marks; second by Boyer; motion passed with all
ayes.
B. Any action as a result of executive session regarding the purchase,
exchange, lease, or value of real property, and to consider authorizing the use
of eminent domain to condemn property consisting of approximately 3.2933
acres of land for right-of-way, in fee simple, located within the R.P. Hardin
Survey, Abstract No. 611, and the William G. Garvin Survey, Abstract No.
453, and approximately 0.2651 acres of land and approximately 0.3394 acres
of land for slope and grading easements, located within the William G.
Garvin Survey, Abstract No. 453, City of Frisco, Denton County, Texas, for
public roadway improvements.
I move to approve a resolution authorizing the City of The Colony, Texas, to
use the power of eminent domain to acquire approximately 3.2933 acres of land
for right-of-wav, in fee simple, located within the R.P. Hardin Survey, Abstract
No. 611, and the fVilliam G. Garvin Survey, Abstract No. 453, and
approximately 0.2651 acres of land and approximately 0.3394 acres of'land for
slope and grading easements, located ►vithin. the William G. Garvin Staley,
Abstract No. 453, City of Frisco, Denton County, Texas, for public roadway
improvements- Marks; second by Connelly; motion passed with all ayes.
And with no further business to discuss the meeting was adjourned at 10: 00 p. ill.
APPROVED:
f6O MCCOLI ry,,,Mayor
City of The Colony
C
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November 20, 2012
ATTEST:
Christie Wilson, TRMC
City Secretary
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