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HomeMy WebLinkAbout10/15/2013 City Council October 15, 2013 MINUTES OF COUNCIL REGULAR SESSION HELD ON OCTOBER 15, 2013 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 15th day of October, 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councihmember Present (arrived 8:50) Richard Boyer Councilmember Present Jeff Connelly Councilmetnber Present David Terre Councihnember Present Perry Schrag Councilnember Present Joel Marks Mayor Pro-Tern Present (arrived 7:45) And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Radiologic Technology Week proclamation presented to Sara McCourry. Citizen Input -None Announcement of upcoming civic events and activities '-Parks and Recreation Update 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held October 1, 2013 [Marks WSJ (City Secretary) 2.2 Consider approving a resolution authorizing the mayor to execute a School Resource Officer Interlocal Agreement between the Lewisville Independent School District and the City of The Colony to provide two school resource officers for the high school and middle schools (Police, Brockway) 2.3 Consider accepting the Planning and Zoning Commission Annual Report for FY 2012-2013 (Joyce) 2.4 Consider approving a resolution authorizing the city to make application to Texas Parks and Wildlife f°or a Boating Access Grant for development of a These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. October 15, 2013 marina on Wynnewood Peninsula in partnership with and funded by Tribute Partners, LP for funding the local match (Parks and Recreation, Nelson) Motion to approve above consent agenda items- Schrag; second by Boyer; motion passed with all ayes. Councilmember Connelly requested separate discussion on item 2.5. 2.5 Consider approving a resolution authorizing the city manager to execute a professional services agreement with Halff Associates, Inc. for the development of bid specifications and project management for desilting Lion's Club Park Pond in an amount not to exceed $11,700 with funding provided by the Community Development Corporation (Parks and Recreation, Nelson) Councilmember Connelly confirmed with Pam Nelson that the actual contract for the desilting project will be approximately $150,000 and if the pond is filled in, $185,000. Motion to approve- Connelly; second by Boyer; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approving an exception to the noise ordinance for a special event at Top Golf, 3760 Blair Oaks Drive, on November 2, 2013 (General Admin, Shallenburger) ACM Tim Miller told the council that Top Golf is planning a soft opening event with people staying at the facility overnight. They have requested an exception to the noise ordinance that would allow them to have a band or DJ until 2 a.m. Motion to approve- Boyer second by Connelly; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider an ordinance adopting proposed text amendments for the specific 23.30 acre portion of Tract D in Planned Development No.16, The Cascades, generally located on the northeast corner of S.H. 121 and South Colony Boulevard (Planning, Joyce) Mike Joyce reviewed the location for the property, which at South Colony Boulevard and S.H. 121. He reviewed the amendments requested which include reducing the number of parking spaces required [by 33%], allowing a reduced landscape buffer of 15 feet, allow shared use of dumpsters, and signage that has more square footage and is taller than the sign ordinance allows. He showed a concept plan. The Planning and Zoning Commission recommended approval of the sign being 600 square feet and a maximum height of 50 feet. Also they approved reducing the number of parking spaces with the exception that if a hotel is on the site, then there must be one space per room. 2 October 15, 2013 Council members discussed the fact that an overpass is planned for this intersection and that it is unknown whether a 50 foot high sign will be very visible. Discussion of alternatives that would allow flexibility for a sign followed with several council members being in favor of that option. Councilinember Connelly stated he is not comfortable approving reduced parking on the basis of a concept plan. It was noted that the reduced buffer for landscaping will be made up with landscape areas within the parking lot. The public hearing was opened at 7:40 p.ni. A representative of the development told the council that a site plan cannot be finalized without tenants so lie is requesting guidance on parking spaces and sign visibility so they can move forward. Mr. Joyce stated that what is proposed is 1 space for 300 square feet of retail and 1 space for 150 square feet of restaurant space, in addition to one per room for a hotel. [Councilmember Marks arrived at 7:45.] The public hearing was closed at 7:50 p.m. Councihnember Terre made the following motion to approve with the following amendments: Landscaping as proposed, signage up to 30 feet above the height of the overpass, parking with a 33% reduction and maintain 1 for I for a hotel, and shared danrrpsters as proposed. The motion f,(tiled with no second. Councilinember Connelly made the following motion: The prior (notion, with the exception of the 33% parking reduction to be approved at site plan approval, second by Boyer, motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider an ordinance approving a site plan for a 110,545 square foot elementary school, Caney Elementary, on approximately 18.46 acres located at the northwest corner of Blain Oaks Drive and Arbor Glen Road (Planning, Joyce) Mike Joyce reviewed the location, parking and circulation adding there will be 3 access locations to the school property with the goal of keeping traffic off of Blair Oaks if possible. He reviewed the landscaping, irrigation, and building materials. The Planning and Zoning Commission recommended approval. The public hearing opened and closed at 8:08 p.m. with no one wishing to speak. Motion to approve- Boyer, second by Marks; motion passed with all ayes. 3.4 Conduct a public hearing, discuss and consider an ordinance approving a site plan for a 12,406 square foot retail store, Dollar General, on approximately 1.53 acres, located on the south side of South Colony Boulevard, approximately 450 feet east of Paige Road, known as 5400 South Colony Boulevard (Planning, Joyce) Mike Joyce reviewed the location, parking and circulation, landscaping and building materials for the proposed site, including the perimeter fence. The site plan meets all the requirements and is not located in the Gateway Overlay October 15, 2013 District. Mr. Joyce added that the Economic Development Corporation is working with the owner to possibly upgrade the exterior finishes on the building. Councilmember Connelly requested that the EDC also try to work with the owner to increase the perimeter fence height to 8 feet, which is similar to the surrounding residential properties. The Planning and Zoning Commission recommended approval. The public hearing was opened and closed at 8:20 p.m. with no one wishing to speak. Motion to approve- Connelly; second by Marks; motion passed with all ayes except for Schrag who voted no. 4.0 WORK SESSION 4.1 Discuss quarterly report on requests for public information (City Secretary) City Secretary Christie Wilson advised the council this item is included in the packet at the request of council. Councihnelnber Connelly asked Ms. Wilson whether all requests were filled within the required timeframe and how many people submitted multiple requests. Ms. Wilson advised that usually there are five or six people who routinely submit requests for information and that all requests were filled within the required timeframe [10 business days]. 4.2 Discuss the possibility of development of a local vendor policy regarding incentive agreements (City Manager) Tim Miller told the council that currently there is no requirement in our incentive policy for the use of local vendors and asked council if that was something they wanted to consider. He defined local vendor as someone with a Tax ID showing an address in The Colony. Most council members stated they would consider encouraging potential applicants to use local vendors but would not require it. 4.3 Council to review and discuss the city's facility rental policy for groups that charge admission (Connelly) Councilmember Connelly asked why we restrict by policy that individuals renting space in the Community Center and Rec Center, for example, cannot do so if they charge an admission or fee. Parks Director Pam Nelson explained that the policy was put in place several years ago due to some individuals setting up for-profit businesses in the center. Aside from Parks programs the policy remained in place. It was suggested that the policy be rewritten so that those organizations that are non-profit be approved to use the spaces through an application process at staff level. 4.4 Discuss Section 2-8(b) of the Code of Ordinances and possible revisions regarding who is in charge in the absence of the city manager (Mayor) 4 October 15, 2013 Mayor McCourry suggested the ordinance on this matter might need to be reviewed to allow the city manager to select who is in charge in his absence [first in-line is ACM Administration, second is ACM Operations, third is police chief, fourth is mayor appointee]. City Attorney Ed Voss read the ordinance text. Tim Miller said during last minute absences it may be more efficient if the city manager designates. Mayor McCourry suggested the order should be as is except where the police chief is named to change it to city manager appointee [which should be an executive level department head], and to eliminate number 4 [Mayor appointee]. Tim suggested it might be beneficial to define temporary absence vs. incapacitated. Qualifications of designee should be executive level department head. The city attorney will prepare a draft for council consideration. [Councihnember Mikulec arrived at 8:50 p.m.] Executive Session was convened at 8:52 p.m. 5.0 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, employment, evaluation, reassignment, discipline, dismissal, or duties of the Municipal Court Judge. B. 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- Top Golf. C. 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- City Hall. D. Council shall convene into a closed executive session pursuant to Sections 551.087 and 551.071 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 Tax Increment Reinvestment Zone. Reconvened to Open Session 10:45 p.m. 5.2 A. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, discipline, dismissal, or duties of the Municipal Court Judge. Motion to extend the .fudge's [Kimberly Lafferty] terrn by two years by contract as discussed in executive session- Boyer; second by Connelly; motion passed with all ayes except for Schrag and Marks who were absent fr°orn the dais. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property- Top Golf. 5 October 15, 2013 No action. C. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property- City Hall. No action. D. Any action as a result of executive session regarding the commercial or financial information the City has received from a business prospect and regarding The Tribute Tax Increment Reinvestment Zone. No action. And with no further business to discuss the meeting was adjourned at 10:48 P.m. APPROVED: Joe McCour , Mayor rCity of The Colony ATTEST: Christie Wilson, TRMC City Secretary ; i sJ~~s