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HomeMy WebLinkAbout07/16/2013 City Council July 16, 2013 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JULY 16, 2013 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 16t" day of July, 2013, 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 Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Tem Present (7:25) And with six council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation- Friendship Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input - None Announcement of upcoming civic events and activities'- Parks and Recreation update; Councilmember Terre spoke of the sunset concerts at Stewart Creek Park; Mayor McCourry stated that the Texas State House of Representatives issued a Resolution regarding The Colony being selected as a finalist in the All-America City contest. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held July 2, 2013 (Marks WS, Connelly) (City Secretary) 2.2 Consider approving an ordinance setting a public hearing date of August 20, 2013 at 7 p.m. for the city's FY 2013-14 Municipal Budget to be held at The Colony City Hall, 6800 Main Street (Finance) 2.3 Consider approving a resolution authorizing the city manager to execute a lease agreement by and between the City of The Colony and TxFM, Inc, regarding 6804 Main Street (General Admin, Miller) !Motion to approve- Schrag; second by Terre; motion passed with all ayes. i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 Jul 16, 2013 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider all matters incident and related to the issuance and sale of "City of The Colony, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2013", including the adoption of an ordinance authorizing the issuance of such certificates of obligation (Finance) Jason Hughes with First Southwest provided council a summary of the bond sales. Motion to approve- Terre; second by Boyer, motion passed with all ayes. 3.2 Discuss and consider approving a First Amendment to Natural Gas Service Agreement and First Amendment to Memorandum of Natural Gas Service Agreement by and between CoServ Gas, Ltd., d/b/a CoServ Gas; TXFM, Inc., d/b/a Nebraska Furniture Mart of Texas; The City of The Colony, Texas; The Colony Local Development Corporation; The Colony Community Development Corporation; and The Colony Economic Development Corporation concerning the installation and operation of infrastructure necessary to provide natural gas to the approximately 439.12 acre tract of land generally located along the south side of and adjacent to the Sam Rayburn Tollway (State Highway 121), north of and adjacent to Plano Parkway and west of Spring Creek Parkway concerning the Nebraska Furniture Mart Texas project. (General Admin, Maurina) City Attorney Jeff Moore said that this is regarding CoServe providing gas service to the NFM site. It was determined after the original agreements were executed by CoServe and NFM that since the City, LDC, CDC and EDC are also owners of 350 acres of the property they should also be a party to the agreement and memorandum. Motion to approve; Connelly; second by Schrag; motion passed with all ayes. 3.3 Discuss and consider approving a First Amendment to Electric Service Agreement and First Amendment to Memorandum of Electric Service Agreement by and between Denton County Electric Cooperative, Inc., d/b/a CoServ Electric; TXFM, Inc., d/b/a Nebraska Furniture Mart of Texas; The City of The Colony, Texas; The Colony Local Development Corporation; The Colony Community Development Corporation; and The Colony Economic Development Corporation concerning the installation and operation of infrastructure necessary to provide electric service to the approximately 439.12 acre tract of land generally located along the south side of and adjacent to the Sam Rayburn Tollway (State Highway 121), north of and adjacent to Plano Parkway and west of Spring Creek Parkway concerning the Nebraska Furniture Mart Texas project. (General Admin, Maurina) City Attorney Jeff Moore said that this is regarding CoServe providing electric service to the NFM site. It was determined after the original agreements were executed by CoServe and NFM that since the City, LDC, CDC and EDC are also July 16, 2013 owners of 350 acres of the property they should also be a party to the agreement and memorandum. Motion to approve- Schrag; second by Connelly; motion passed with all ayes. 3.4 Conduct a public hearing, discuss and consider an ordinance approving a Development Plan for the Tribute K-8 Academy, a new elementary school on approximately 31.23 acres, located on the northeast corner of Lebanon Road and Stonefield Drive (Development Services, Joyce) [Councilmember Marks arrived.] Mike Joyce told the council that is item is requested by the Little Elm Independent School District for a magnet school in the Tribute subdivision. The school has been on the city's land use plan for ten years. He stated, though it was not required, the school district did a traffic impact study which was later summarized by the engineer. He reviewed the proposed development plan, landscape plan, elevations, and site photographs. Planning and Zoning Commission recommended approval. City attorney Jeff Moore told the council that if plats and site plans meet regulations then the council must approve the project. The public hearing was opened at 7:45 p.m. Janece Pool provided a memo the homeowners drafted to the school district and stated they are trying to work together to alleviate the residents' concerns about traffic, etc. Scott David spoke about traffic and parking on the streets. The public hearing was closed at 7:50 p.m. Motion to approve- Connelly, second by Marks; motion passed with all ayes. [Item 3.5 was addressed later in the meeting.] 3.6 Conduct a public hearing, discuss and consider an ordinance amending the Code of Ordinances, Appendix "D" entitled "Comprehensive Plan" for an amendment to the Future Land Use Plan Map of the Comprehensive Plan to Office/Commercial from Low Density Residential for a 4.43-acre property located at 4700 Nash Street in the City of The Colony (Development Services, Joyce) Mike Joyce began discussion of this item by stating the applicant has requested this be continued until August 20"'. Attorney Jeff Moore told the council they could take comments during the public hearing and then leave it open if they choose. The public hearing was opened at 7:58 p.m. Those speaking in favor- John Fowler, Steven Thomas, Ron McKee, Louise Kanute, Holly Carroll, Beverly Hughes, who explained the circumstances prompting this request, Clyde Ding, and Charles Eike. Those speaking against- Pat Parson, Pat Parson, and Christina McKinzee. Mayor McCourry closed the public hearing but then Councilmember Marks asked to make a motion to continue the public hearing until August 20"'. [Jeff Moore stated that his motion was sufficient to reopen the public hearing.] The motion died for lack of a second. The public hearing was closed at 8:37 p.m. Motion to deny- Connelly; second by Mikulee 3 July 16, 2013 There was clarification discussion on the fact that a yes vote on this motion confirms the Planning and Zoning denial. If council wants to approve the item, overruling the P&Z, then a super-majority vote for approval would be required. Motion passed with all ayes except for McCourry who voted no. Mayor McCourry stated that since 3.6 did not pass item 3.7 will not be addressed. 3.7 Conduct a public hearing, discuss and consider an ordinance amending the Comprehensive Zoning Ordinance and Map of the City of The Colony by approving a zoning change on a tract of land totaling approximately 4.43 acres, generally located on the southeast corner of Main Street (FM 423) and Nash Drive, from a SF-Single Family zoning district to a GR-General Retail zoning district and the Gateway Overlay District (Development Services, Joyce) 3.5 Conduct a public hearing, discuss and consider an ordinance amending the Code of Ordinances, Appendix "D" entitled "Comprehensive Plan" for five amendments to the Future Land Use Plan Map of the Comprehensive Plan of the City of The Colony (Development Services, Joyce) Mike Joyce reviewed the proposed amendments, adding that the Planning and Zoning Commission recommends approval. The public hearing was opened and closed at 8:46 p.m. with no one wishing to speak. Motion to approve- Boyer; second by Mikulec; motion passed with all ayes. 3.8 Conduct a public hearing, discuss and consider an ordinance amending the Code of Ordinances, Appendix A Zoning, by adding a new land use of "Gun Ranges, Indoor" to Section 10-200, "Schedule of Uses by District;" by adding a definition of "Gun Ranges, Indoor" to Section 10-300, "Definitions and Explanations Applicable to the Use Schedule;" by adding Section 10-1380, "Gun Ranges, Indoors" and by adding off-street parking requirements for indoor gun ranges to Section 13-102, "Vehicle Parking Regulations" (Development Services, Joyce) Mike Joyce stated this request originated in the city manager's office due to an individual's request. Indoor gun ranges are not currently included in the schedule of uses. The public hearing was opened and closed at 9:00 p.m. with no one wishing to speak. Discussion followed regarding possible locations within the city where this would be allowed and the availability of ranges in the surrounding cities. Motion to approve Connelly; second by Mikulec; motion passed with all ayes. 3.9 Conduct a public hearing, discuss and consider an ordinance amending the Code of Ordinances, Appendix A Zoning, by adding a new land use of "Kennels, Indoor" to Section 10-200, "Schedule of Uses by District;" by adding a definition of "Kennels, Indoor," and "Adult Animal" to Section 10- 300, "Definitions and Explanations Applicable to the Use Schedule;" and by adding Section 10-1380, "Kennels, Indoor" (Development Services, Joyce) 4 July 16, 2013 Mike Joyce told the council that currently outdoor kennel runs are allowed but not indoor runs. After some discussion of the existing ordinance Mayor McCourry suggested the indoor and outdoor be combined into the same ordinance. The public hearing was opened at 9:20 p.m. with no speakers. Motion to continue the public hearing until August 20, 2013- Connelly; second by Mikulec; motion passed with all ayes. 3.10 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for the widening of Plano Parkway Phase 2 (Engineering, Scruggs) City Engineer Gordon Scruggs reviewed the Plano Parkway widening project and what has been done to date. He stated the low bidder on this contract is from McMahon Construction in the amount of $3,785,319.69. The start date is September 2013 with completion estimated for August 2014. He noted that this reconstruction will line up the Paige/Plano Parkway intersection and does include a continuance of the city's trail system. He reviewed the sources of funding for the project. Councilmember Boyer questioned the traffic patterns in the surrounding area of the S.H. 121 roadway at this intersection. It was noted that if other changes are made a change order to this contract would have to be approved. 4.0 WORK SESSION 4.1 Budget discussion to include special events funding and grant applications for the 2013-2014 fiscal year and provide direction to staff (Miller) Assistant City Manager Tim Miller reviewed the grant requests for the next budget year and discussed the allotted funding for the city's special events. Donna Arnold with Lakeside Community Theater explained the planned uses for increased funding they requested. Rob Rosetti of The Colony Roadrunners explained this grant request is for the event planned in October 2014. Mr. Miller told the council that if all requests are granted there will need to be an increase to the fund of 57,500. Discussion of the Cultural Arts Board allotment [board now dissolved] followed and it was directed that the remaining fiords for this year be rolled over for use by the new City Manager's Arts and Entertainment Committee. Executive Session was convened at 10810 .m. 5.0 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.087 of the TEXAS GOVERNMENT CODE to deliberate commercial or financial information the City has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect, and to receive legal advice regarding the same - The Tribute. B. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS GOVERNMENT CODE to deliberate 5 July 16, 2013 the purchase, exchange, lease, or value of real property, and to receive legal advice regarding the same. Reconvened to Open Session at 10:55 p.m. 5.2 A. Any action as a result of executive session regarding commercial or financial information the City has received from a business prospect and the offer of a financial or other incentive to a business prospect. No action. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. And with no further business to discuss the meeting was adjourned at 10:57 p.m. APPROVED: 00e 00, oe Mc ou y, Mayor City of The Colony ATTEST: o... rMF Q El Chris ie Wilson, TRMC ~ S City Secretary 7'EX A15 6