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HomeMy WebLinkAbout06/03/2014 City CouncilJune 3, 2014 MINUTES OF COUNCIL SESSION HELD ON JUNE 3, 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 3rd day of June 2014, at City Hall, 68,00 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Kirk Mikulec Richard Boyer Jeff Connelly David Terre Perry Schrag Joel Marks Mayor Councilmember Councilmember Councilmember Mayor Pro -Tern Councilmember Councilmember Present Present Present Present Present Present (x:15 p.m,) Present 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 Recognize TCHS Art Students for Stewart Creek Park Mural – Mayor McCourry recognized art students from The Colony High School who participated in the Stewart Creek mural painting project. Update on Children's Advocacy Center of Denton County – Brian Hayduck with the Children's Advocacy Center of Denton County briefed City Council on the center's purpose and current statistics. He thanked the city for its support. citizen Input - None This portion of the meeting is to allow LIP to five (5) minutes per speaker with a maximum of thirty (30) minutes for items not posted on the current agenda. The council may not discuss these items, but may respond with factual data or policy information, or place the item on a future agenda, Announcement of upcoming civic events and activities z- Library am-iouncernents were postponed to the next meeting. City Engineer Gordon Scruggs provided an update on the F.M. 423 construction project. He said the low bidder was approved by TxD0T. The plan is for construction to begin in —..August 2014 and last for thirty-six months. 2.1 CONSENT AGENDA The Consent Agenda contains items which are routine in nature and will be acted upon in One motion, Items may b.- removed from this agenda for separate, discussion bX.a Council member. 2.1 Consider approving minutes of council meetings held May 6, 2014 [Mikuleel (City Secretary) I 'These items are strictly public service announcements. No action wilt be taken and no direction will be given regarding these items, June 3, 2014 2.2 Consider approving council expenditures for April 2014 (Council) 2.3 Consider approving a resolution declining the Atmos Energy Corporation Rate Filing (Finance, Cranford) 2.4, Consider approving a resolution authorizing the city manager to execute an Amendment to the Option and Lease Agreement with AT&T Wireless for facilities at the Clover Valley Water Tower (Engineering, Scruggs) 2.6 Consider approving a budget amendment ordinance amending the Municipal Budget for FY 2013-14 in the amount of $5,500 with funding available from the Lake Parks Fund for the purchase of police patrol bicycles for use at lake parks, and trails (PARD, Nelson) 2.7 Consider approving a resolution awarding a bid and authorizing the city manager to issue purchase orders to Gov. Direct in the amount of $25,446 and CDW Government in the amount of $87,833 for the purpose of purchasing laptops for police and fire departments (IT, Ringener) 2.8 Consider a resolution approving a First Amendment to Agreement of Sale and Purchase by and between The Colony Local Development Corporation, The Colony Economic Development Corporation, The Colony Community Development Corporation, and Atlantic Hotels, Ltd., concerning the conveyance of approximately 238,048 square feet of land (General Administration, Maurina) Motion to approve above consent agenda items- Connelly,- second by Marks; motion passed with all ayes. Councilmember Schrag requested separate discussion on item 2.5. 2.5 Consider approving resolutions adopting the updated Storm Water Management Program and authorizing the city manager to sign the Notice of Intent for the Phase 11 General Permit (Engineering, Scruggs) Councilmember Schrag said he realizes there is a deadline for this item but requested additional discussion on the matter at a future council meeting. Motion to approve- Sch rag; second by Mikulec; motion passed with all ayes. 3.0 1 REGULAR AGENDA ITEMS 3.1 Discuss and consider an ordinance approving a site plan for a 30,336 square foot retail/restaurant center called Village at 121, Phase 2, on approximately 2.53 acres located on the north side of the Sam Rayburn Tollway (S.H. 121) and approximately 500 feet east of South Colony Boulevard (Development Services, Joyce) Mike Joyce briefed City Council regarding this item. He reviewed the location, building size and elevations, landscaping plan, parking and access. It was noted that this development is within the Gateway Overlay District. Planning and Zoning Commission recommended approval. Motion to approve — Connelly; second by Terre; motion passed with all ayes. 3�.2 Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow a limited service hotel, Courtyard 2 June 3, 2014 Marriott at Cascades, to be located on a 2.84 acre tract of land on the north side of the Sam Rayburn Tollway (S.FI. 121) and approximately 500 feet east of Cascades Court, and to allow a modification to Gateway Overlay District Section 10A-900(c)(1)(C) regarding the percentage of masonry and stucco for exterior finishes (Development Services, Joyce) Mike Joyce briefed City Council regarding this request for a specific use permit for a limited service hotel, saying that all provisions have been met. This is a zoning change for this property. He summarized the location, elevations, site plan, and proposed exterior design. The applicant has requested a reduction in exterior masonry products as required by the Gateway Overlay District, The Planning and Zoning Commission recommends approval including the exterior material change. The public hearing was opened at 7:30 p.m. Christi Martin asked what qualifies as "public amenities" (as required by the Gateway Overlay District). The public hearing was closed at 7:32 p.m. Councilember Terre asked a question of Michelle Wheeler with Jackson Shaw about whether J.C. Penny still has a company rule requiring hotels used by their associates to have a restaurant. Ms. Wheeler said they do have JC Penny guests staying at their other limited service hotels. Motion to approve [the SUP including the exterior materials change] Connelly; second by Mikulec; motion passed with all ayes. 3.3 Discuss and consider an ordinance approving a development plan for the Courtyard Marriott at Cascades to be located on a 2.84 acre tract of land on the north side of the Sam Rayburn Tollway (S.11. 121) and approximately 500 feet east of Cascades Court, also Imown as 5917 Stone Creek Drive (Development Services, Joyce) Mike Joyce briefed City Council regarding the development plan. He said the hotel is proposed to have 122 rooms and 122 parking. spaces. He reviewed the location and landscape plan. The building will be located in Phase 3 of PD 1.6, Motion to approve Connelly; second by Mikulec; motion passed with .all ayes. 3.4 Conduct a public hearing, discuss and consider an ordinance approving a specific use permit to allow a limited service hotel, Microtel by Wyndham, to be located on a 1.37 acre tract of land on the north side of the Sara. Rayburn Tollway (S.FI. 121.) and approximately 250 feet east of Standridge Drive, 3909 S.H. 121 (Development Services, Joyce) Mike Joyce reviewed the specific use permit request. He said the hotel is planned to have 81 rooms, and reviewed the proposed location. Mr. Joyce explained that all criteria has been met except for Item 410 - pricing of the average room rate. Mr. Joyce explained that the Planning and Zoning Commission had concerns regarding the room rate being below average for our area, and felt it would be less than desirable in quality. The PBZ recommended denial of the request. The :public hearing was opened at 7:42 p.m. Attorney Lance Vanzant, representing the applicant, spoke explaining that this is a Generation 5 Microtel and the developer has met every requirement of the ordinance. Mr. Vanzant further stated that this 3 Jane 3, 2014 proposed location is prime land and the developer will not charge low room. rates. Joe Luck, 'Vice President of Franchise Development with Wyndam Hotels, spoke at length to explain to the City Council that this is a different model than the older Microtel hotels. Dayton Macatee of Macatee Engineering also spoke in favor of the project. The public hearing was closed at 8:02 p.m. Discussion followed as to the number of Generation 5 Microtel Hotels in existence and average room rates. Councilmember Connelly spoke regarding concerns of the building upkeep in 15-20 years. The applicant stated that Microtel is the most energy efficient hotel on the market. Councilmenaber Marks requested an executive session at 8:25 p.m. Open session was reconvened at 8:35 p.m. Motion to clergy — Connelly; second by Iklikulec; motion passed with all ayes except.fvr Terre who voted no. 3.5 Discuss and consider an ordinance approving a site plan for Microtel by Wyndham to be located on a 1.37 acre tract of land on the north side of the Sara Rayburn 'Tollway (S.-1. 121) and approximately 250 feet east of Standridge Drive, 3909 S.H. 121 (Development Services, Joyce) Due to Item 3.4 failing, this item was not addressed. 3.6 Conduct a public hearing, discuss and consider an ordinance amending the Code of Ordinances by revising Appendix A, "Zoning", Section 10D-3100, entitled "')feats and Canopies", and Section 10D-700, entitled "'Temporary Use Definitions" (Development Services, Joyce) Mike Joyce reviewed the aspects of the proposed ordinance. The public hearing was opened and closed at 8:40 p.m. with no one wishing to speak. Motion to approve — oyer, second by Mikulec; motion ,passed with all ayes. 3.7 Conduct a public bearing, discuss and consider an ordinance amending the Code of Ordinances, Appendix A, Section 24-101, by amending subsection (e) and adding a new subsection (h) regarding a zoning application recommended for denial by the planning and zoning commission, and establishing a one (1) year wait period for filing a new zoning, rezoning, or text amendment application following a city council denial of a zoning, rezoning, or text amendment (Development Services, Joyce) Mike Joyce advised the City Council that the proposed ordinance amends current procedures by which an application recommended for denial by the Planning and Zoning Commission may proceed to the City Council for their final decision. The Planning and Zoning Commission. recommended approval. The public hearing was opened and closed at 8:45 p.m. with no one wishing to speak. Council had a brief discussion to clarify procedures. !motion to approve — Marks; second by Connelly; motion passed with all ayes. S Juiie 3, 2014 3.8 Discuss and consider a resolution authorizing the city manager to execute a contract amendment with Austin Bridge & Road, L.P. for the South Colony Boulevard Grade Separation at the Sam Rayburn Tollway/S.H. 121 for revisions to accommodate Phase 2 construction, including pavement replacement, waterline revisions, guard rail removal, minor bridge revisions, and other miscellaneous detail changes (Engineering, Scruggs) City Engineer Gordon Scruggs provided background on this project including the contract and previous amendments. Mr. Scruggs added that NTTA and TxDOT have both gone out of their way to facilitate this project. Mayor McCourry commended. staff on expediting this project. Motion to approve — Marks; second by Mikulec; motion passed with all ayes. 3.9 Discuss and consider the appointment, evaluation, reassignment, duties or dismissal of members of the following advisory boards: Community Development, Board of Adjustment (Council) Motion to appoint Kathy Braby to Place 3 on the Cominunity Development Corporation- Terre; second by Mikulec; motion passed with a vote of 7-0. Motion to appoint Joel Ortega to the Board of Adjustment- Terre; second by Connelly; motion passed with a vote of 7-0. 3.10 Discuss and consider making a nomination by resolution for the Denco Area 9-1-1 District Board of Managers for a two year term beginning October 1, 2014 (Council) Motion to appoint Tom Newell to the Denc,o Area 9-1-1 District Board of Managers - Marks; no other nominations were made; motion passed with all ayes. 3.11 Discuss and consider a resolution nominating a Representative and Alternate Representative for the city's shared seat on the Regional Transportation Council (Council) Mayor McCourry briefly gave a history of this RTC item, stating The Colony is included in a new grouping as requested. He asked City Council to approve the current seated representative and alternate representative. He explained this will allow more time for the grouped cities to work on a Memorandum Of Understanding for future consideration, which would establish a rotation schedule for these positions. Motion to approve- Connelly; second by Mikulec; motion passed with all ayes. 4.0 1 WORK SESSION 1 4.1 Discuss formalizing a liaison group for the Lewisville Independent School District (Milter) June 3, 2014 City Manager Troy Powell stated this item is the result of the retreat. A group will beformally assembled. The group will consist of council members Mikulec and Terre, Mayor McCourry, Troy and Joe Perez. 4.2. Review and discuss school zones for STEM Academy at the Tribute (Scruggs) Gordon Scruggs briefed City Council regarding the proposed school zone areas. 4.3. Discuss developing a philosophy on staffing numbers for fire and police (Powell) A handout from the Fire Chief was provided, City Manager Troy Powell advised that this process will take some time and a new police chief will be hired prior to finalizing the plans. This will be discussed during the budget process. Executive Session was convened at 9:25 p.m. 5.0 1 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding Top Golf. B. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GoVERNNIENT CODE to deliberate the purchase, exchange, lease or value of real property, and Section 551.087 of the TEXAS GoVERNNIENT CODE to deliberate regarding 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. C. 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 Manager. Reconvened to Open Session at 11:20 12.m. 5.2 A. Any action as a result of executive session regarding Top Golf. No action. B. Any action as a result of executive session regarding the purchase, exchange, lease or value of real property, and/or the offer of a financial or other incentive to a business prospect. No action. C. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. No action. 6 June 3, 2014 And with no further business to discuss the meeting was adjourned at 11:25 p.m. ATTEST: Christie Wilson, TRMC City Secretary FAIVIKSMUNG