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Home My WebLink About03/18/2014 City Council March 18, 2014 MINUTES OF COUNCIL SESSION HELD ON MARCH 18, 2014 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.m. on the 18th day of March, 2014, 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 Comlelly Councilmember Present David Terre Mayor Pro-Tern Present Perry Schrag Councilmember Present Joel Marks Councilmember 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 - First Baptist Church Moment of Silence for former city council members John Marshall and Marlene Poole-Milsap Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation of the Mayors Cup- The Colony Half- Rick Tonian of The Colony Roadrunners Club presented the Mayor's Cup trophy to the mayor and thanked the city for their participation in the inaugural event. Citizen Input Announcement of upcoming civic events and activities i- Parks and Recreation Update. Councilmember Terre announced that it was Councilmember Boyer's birthday today. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held February 28, March 1, and March 4 [Schrag, Marks WS, 2014 (City Secretary) 2.2 Consider approving a resolution authorizing the city manager to execute a contract amendment with Austin Bridge & Road, L.P. in the amount of $68,939.55 for a phasing change of the Traffic Control Plan to accommodate the Phase 2 construction of ramps onto South Colony Boulevard (Engineering, Scruggs) 2.3 Consider approving a resolution awarding bids and authorizing the city manager to issue purchase orders for mowing and landscape maintenance i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 March 18, 2014 services to Somerset in the amount of $98,998.92 and SLM in the amount of $110,919.24 (PARD, Nelson) 2.4 Consider approving a request from Stewart Peninsula Golf Course to waive the annual lease fee for re-investment into infrastructure improvements at the course (PARD, Nelson) Motion to approve- Boyer; second by Mikulec; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider an ordinance approving a site plan for a 3,750 square foot restaurant, called In-N-Out Burger, on approximately 1.20 acres, located on the southwest corner of the Sam Rayburn Tollway (S.H. 121) and Plano Parkway (Development Services, Joyce) Mike Joyce reviewed the proposed site plan including location, access, parking, landscaping, building materials, and elevation. The Board of Adjustment approved a variance from the required 20 feet landscape buffer along S.H. 121. The Planning and Zoning Commission recommended approval. Motion to approve- Marks; second by Mikulec; motion passed with all ayes. 3.2 Discuss and consider an ordinance approving a site plan for a 58,623 square foot furniture store, called Rooms-to-Go, on Lot 1, Block A of the 30/The Colony Addition, approximately 4.88 acres, located on the north side of the Sam Rayburn Tollway (S.H. 121) approximately 2,000 feet east of Paige Road (Development Services, Joyce) Mike Joyce reviewed the proposed site plan including location, access, parking, landscaping, building materials, and elevation. He added that the Gateway Overlay District requires additional amenities which the development is meeting by adding a meandering landscaped walkway from the parking lot to the north entrance. The Planning and Zoning Commission recommended approval. Motion to approve- Marks; second by Connelly; motion passed with all ayes. City Manager Powell expressed his thanks to Rooms to Go for their cooperation during the planning stages of this project. 3.3 Discuss and consider an ordinance approving a site plan for a 38,186 square foot retail/restaurant center called Village at 121, Phase 1, on approximately 3.06 acres, located on the northeast corner of the Sam Rayburn Tollway (S.H. 121) and South Colony Boulevard (Development Services, Joyce) Mike Joyce reviewed the proposed site plan including location, access, parking, landscaping, building materials, and elevation. He added that the Gateway Overlay District requires additional amenities which the development is meeting by adding public benches at the north end of the building for this phase of the development. The Planning and Zoning Commission recommended approval. Brief discussion of the parking requirements followed. The number of spaces provided will exceed the zoning requirement and the PD requirement. 2 March 18, 2014 Motion to approve- Connelly; second by Schrag, motion passed with all ayes. 3.4 Second reading, discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 6, Article VIII, Section 6-181 and adding a new section 6-188 by prohibiting the possession of an electronic cigarette by a minor, prohibiting the using of false information or misrepresenting a minor's age in order to purchase, and prohibiting the sale of electronic cigarettes to a minor (Council) City Attorney Jeff Moore advised the council that this proposed ordinance amends the terms and adds a new section 6-188 that addresses minors in possession, purchasing, and presenting a false ID to purchase electronic cigarettes. It also prohibits retailers from selling to minors. Councilmember Terre, who originally requested the council address this issue, spoke in favor of passing the ordinance. It was noted that the current Health and Safety Code does not address vapors and that many cities have passed similar ordinances. Councilmember Connelly spoke against this ordinance, saying it does not address the chemical (incl. nicotine) but is okay with the false ID portion of it. Councilmember Terre commented that enforcement of the vapor/nicotine content would be difficult. Several council members expressed that they would consider a re-write of the ordinance and asked Jeff Moore to bring back something else if this one does not pass tonight. Motion "not to pass" [a yes vote will cause the item to fail]- Connelly; second by Marks; motion passed with all ayes except for Terre and McCourfy who voted no. 4.0 WORK SESSION 4.1 Discuss S.H. 121-Paige turn lane construction and signal timing (Scruggs) City Engineer Gordon Scruggs provided some history of the issues and previous discussions surrounding this intersection, including the impacts of the Nebraska Furniture Mart project. First, the signal timing is already optimized and an independent consultant agreed. Gordon did explain that the timing can be changed from 3 phase to 4 phase timing. It would add 20 seconds to a total cycle of lights. TxDOT would have to approve this change and a study would need to be done for them to consider it. The study would cost $5k-$8k and would take 6- 10 weeks to complete. The timing was adjusted at Paige and Memorial. Secondly, Gordon discussed the timeline for construction of the left turn lanes at Paige and S.H. 121.Staff is proposing a delay in starting this. It is expected that the South Colony overpass (at least after Jan. 2015) and the Memorial Spring Creek Connector (June 2015), when completed, will alleviate a lot of the traffic congestion at Paige. Also, Plano Parkway will be completed soon. The general consensus of council was to hold off on the left turn lane construction and re- evaluate it next year. 3 March 18, 2014 Executive Session was convened at 8:45 .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, duties, discipline, or dismissal of the City Secretary and City Manager. 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. C. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS GOVERNMENT CODE to deliberate commercial or financial information the City has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Reconvened to Open Session at 11:31 p.m. 5.2 A. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary and City Manager. No action. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. C. Any action as a result of executive session regarding commercial or financial information the City has received from a business prospect(s). No action. M And with no further business to discuss the meeting was adjourned at 11:32 p.m. APPROVED: Joe McCourry, Mayor City of The Colony ATTE Christie Wilson, TRMC City Secretary Zr M SEX A~ n