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Home My WebLink About07/15/2014 City Council July 15,2014 MINUTES OF COUNCIL REGULAR SESSION HELD ON JULY 15, 2014 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 15th day of July, 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 Connelly 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—Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of Employee of the Year David Summers Gordon Scruggs presented Mr. Summers with a plaque. Citizen Input- Christi Martin expressed to the council that she is concerned that she received no response from the city regarding her recent request to hold an arts workshop, and that local residents or local arts groups weren't included for Shakespeare in the Park. City Manager Powell responded by saying that Lakeside Community Theater was included with the local auditions and that no one was excluded. Donna Cole expressed concern with the proposed location for a batch plant so close to the Shoreline Trail (pollution, trash, erosion, and noise). She also expressed concern that the batch plant is going there instead of a dog park [as was previously discussed.] The Mayor advised that the dog park has been put on hold. Donna Arnold extended an invitation to attend a production of Rocky Horror Show. Announcement of upcoming civic events and activities 1- Parks and Recreation update. Councilmember Terre stated he attended the recent Sunset Concert and asked how the city can better promote these concerts. City Manager Powell expressed thanks to all the city staff who responded to help clean up recent storm damage. 2.0 CONSENT AGENDA The Consent Agenda contains items which are routine in nature and will be acted upon in one i These items are strictly public service announcements.No action will be taken and no direction will be given regarding these items. 1 July 15,2014 motion. Items may be removed from this agenda for separate discussion by a Council member. 2.1 Consider approving minutes of council meetings held July 1, 2014 [Schrag, Connelly] (City Secretary) 2.2 Consider approving a resolution authorizing the city manager to execute a contract amendment with Bridgefarmer and Associates for Additional Engineering Services for the Memorial — Spring Creek Connector Project (Engineering, Scruggs) Motion to approve-Marks;second by Boyer;motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider a resolution authorizing and approving the execution of the Declaration of Covenants, Conditions, and Restrictions, West 25 at Grandscape, The Colony, Denton County, Texas, for an approximately 30.779-acre tract of land (Maurina) City Attorney Jeff Moore explained to the council that the property in question is owned solely by the Local Development Corporation and that the LDC has approved the CCR's. Council then considers approving the actions of the LDC. Motion to approve- Terre;second by Connelly; motion passed with all ayes. 3.2 Discuss the proposed 2014-2015 tax rate not to exceed $.675 per $100 valuation for the taxable value of all property real and personal located within the City of The Colony to be adopted on September 16, 2014 and schedule public hearings on the proposed tax rate to be held August 19 and September 2, 2014. (Finance, Cranford) Assistant City Manager Tim Miller advised the council that this proposed tax rate is 1/4 cent lower than the current year. This item is also to schedule two public hearings on the proposed tax rate. Further, he advised the council that a Capital Improvement List will be ready for council review by August 4th Motion to approve-Boyer;second by Connelly; motion passed with all ayes. 3.3 Consider approving a resolution awarding a bid and authorizing the City Manager to execute a contract for re-construction of the Park Loop Trail and BB Owen Trail connector with funding provided by the Community Development Corporation (Parks, Nelson) Eve Morgan with Parks Department told the council that Atmos had to remove part of the city's trail and this item is to now replace the trail plus add a connection on the BB Owen School property that will connect the trail to the Frisco trail system. Eve stated that the portion located on school property is scheduled to be completed before school starts and the whole project should take about three months. Staff is recommending the bid, including an alternate, be awarded to the low bidder, 2L Construction, for a total of$187,202.00. Motion to approve- Terre;second by Boyer;motion passed with all ayes. 2 July 15,2014 3.4 Discuss and consider approving a resolution authorizing the city manager to execute an encroachment agreement with Atmos Energy Corporation for the BB Owen Trail Connection (Parks, Nelson) Eve Morgan stated the city has worked with the Lewisville School District and Atmos to get the trail installed and a portion of the trail will cross the Atmos easement. Motion to approve-Marks;second by Connelly; motion passed with all ayes. 3.5 Discuss and consider approving a resolution authorizing the city manager to execute a design services agreement with Dunkin Sims Stoffels, Inc. for the development of bid documents and project management for an overflow parking lot at Perryman Park, with funding provided by the Community Development Corporation (Parks,Nelson) Eve Morgan explained that a parking expansion at Perryman Park is needed and because the location is on the Oncor easement, a hard surface is proposed. Plans for this have been in place for several years. Motion to approve- Connelly;second by Boyer; motion passed with all ayes. 3.6 Discuss and consider an ordinance approving a Development Plan for a 12,639 square foot dual restaurant, with one restaurant being Luby's, on approximately 2.99 acres of land, located on the north side of the Sam Rayburn Tollway (S.H. 121) at Morning Star Drive. (Development Services, Joyce) Mike Joyce reviewed the proposed location, parking, elevations, landscaping and irrigation for this site plan. Mike added that some changes may be made to the landscape plan in order to accommodate underground utilities. He stated the exterior finishes meet the Gateway Overlay regulations and public amenities will be provided as required. The Planning and Zoning Commission recommended approval. Motion to approve subject to landscape amendments as discussed- Terre; second by Connelly; motion passed with all ayes. 3.7 Conduct a public hearing annexing into the corporate limits of the City of The Colony, an approximately 23.466 acre tract of land, generally located on the north side of Plano Parkway between Parker Road (FM 544) and Windhaven Parkway (Development Services, Joyce) Mike Joyce explained that this is the first of two required public hearings regarding annexing some land belonging to the Billingsley Company in order to facilitate development in this area. The public hearing was opened and closed at 7:50 p.m. with no one wishing to speak. City Attorney Jeff Moore explained that there is a single property owner in the case of the annexation and disannexation so all the public hearings are being held on one night as is allowed. He further explained that the City of Carrollton and Town of Hebron are also in the process 3 July 15,2014 of taking these same actions at the request of the property owner. The boundary adjustment ordinance and rezoning will be presented to the council for final approval on August 19, 2014. 3.8 Conduct a public hearing disannexing from the corporate limits of the City of The Colony, an approximately 25.024 acre tract of land and an approximately 2.124 acre tract of right-of-way, generally located on the north side of Plano Parkway between Parker Road (FM 544) and Windhaven Parkway (Development Services,Joyce) The public hearing was opened and closed at 7:52 p.m. with no one wishing to speak. 3.9 Conduct a second public hearing annexing into the corporate limits of the City of The Colony, an approximately 23.466 acre tract of land, generally located on the north side of Plano Parkway between Parker Road (FM 544) and Windhaven Parkway (Development Services,Joyce) The public hearing was opened and closed at 7:55 p.m. with no one wishing to speak. 3.10 Conduct a second public hearing disannexing from the corporate limits of the City of The Colony, an approximately 25.024 acre tract of land and an approximately 2.124 acre tract of right-of-way, generally located on the north side of Plano Parkway between Parker Road (FM 544) and Windhaven Parkway (Development Services, Joyce) The public hearing was opened and closed at 7:56 p.m. with no one wishing to speak. 3.11 Discuss and consider a resolution approving an Acknowledgment of Assignment and Agreement and related documents by and between the City of The Colony and Western Alliance Bank concerning the assignment of the Reimbursement Agreement for Tax Increment Reinvestment Zone Number Two, City of The Colony,Texas (Admin, Miller) Assistant City Manager Tim Miller offered remarks collectively for 3.11, 3.12, and 3.13. He said that Matthews Southwest has requested TIRZ reimbursement funds as well as Development Agreement (3.12. 3.13) payments from the city be provided directly to their bank in order for them to secure funding needed for infrastructure improvements. Motion to approve-Marks;second by Connelly; motion passed with all ayes. 3.12 Discuss and consider a resolution approving a Consent to Assignment and Agreement and related documents by and between the City of The Colony and Western Alliance Bank concerning the assignment of a Developer's Agreement, Economic Development Agreement, First Amendment to Developer's Agreement, Second Amendment to Developer's Agreement, 4 July 15,2014 Third Amendment to Developer's Agreement and Fourth Amendment to Developer's Agreement regarding PD-18 (Admin, Miller) Matthews Southwest has requested the city enter into an agreement with Western Alliance Bank in order for the city to submit any funds required by those agreements directly to the bank. Motion to approve-Mikulec;second by Boyer; motion passed with all ayes. 3.13 Discuss and consider a resolution approving a Consent to Assignment and Agreement and related documents by and between the City of The Colony and Western Alliance Bank concerning the assignment of a Developer's Agreement and First Amendment to Developer's Agreement regarding PD- 23 (Admin, Miller) Matthews Southwest has requested the city enter into an agreement with Western Alliance Bank in order for the city to submit any funds required by those agreements directly to the bank. City Attorney Jeff Moore advised that there is a blank to be filled in. He clarified that the final payment date on page (7) seven is March 1, 2026. Motion to approve subject to revisions as discussed- Marks; second by Boyer; motion passed with all ayes. 4.0 WORK SESSION 4.1 Receive quarterly report on public information requests (City Secretary) City Secretary Christie Wilson told the council that when the report was printed there were a few incomplete requests but that they are now all completed. Executive Session was convened at 8:04 p.m. 5.0 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS GOVERNMENT 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. B. 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 Stewart Peninsula Golf Course/Anderson Express Lane, Inc. 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, and duties of the Fire Chief. 5 July 15,2014 Reconvened to Open Session at 8:45 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 Stewart Peninsula Golf Course/Anderson Express Lane, Inc. No action. C. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, and duties of the Fire Chief. And with no further business to discuss the meeting was adjourned at 8:46 p.m. APPROVED: J e McCou y, Mayor ity of The Colony ATTEST: Christie Wilson, TRMC SC):". fes City Secretary w: t_ • • •• ,TE/X,P ��,',,, 6