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Home My WebLink About12/16/2014 City Council December 16,2014 MINUTES OF COUNCIL REGULAR SESSION HELD ON DECEMBER 16, 2014 The Regular Session of the City Council of the City of The Colony,Texas,was called to order at 7:03 p.m. on the 16th day of December, 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 Brian R. Wade 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—Lakeway Family Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognize Community Center Staff for winning the TRAPS North Region Award for Senior Programming for "Twisted Events" Program- Pam Nelson explained that this is the second year the Community Center has held these events and commended them for their creativity. Citizen Input-None Announcement of upcoming civic events and activities 1- Parks & Recreation Upcoming Activities; Mayor McCourry announced a change in start time for city council meetings beginning in January. There will no longer be a 6 p.m. work session and the regular sessions will begin at 6:30 p.m. Councilmember Terry spoke of attending an event at BB Owen Elementary School where a student's father, who had returned from Afghanistan, surprised his child. 2.0 CONSENT AGENDA The Consent Agenda contains items which are routine in nature and will be acted upon in one motion. Items may be removed from this agenda for separate discussion by a Council member. 2.1 Consider approving minutes of council meetings held December 2, 2014 (City Secretary) 2.2 Consider approving council expenditures for the month of October 2014 (Council) These items are strictly public service announcements.No action will be taken and no direction will be given regarding these items. 1 December 16,2014 2.3 Consider approving a resolution requesting the 84th Texas State Legislature to maximize the use of revenue from the sporting goods sales tax to support local parks and recreation grant opportunities and state park operations; and that all TRPA funded projects be subject to the established Texas Parks and Wildlife Department competitive scoring system (Parks & Recreation, Nelson) 2.4 Consider authorizing a payment of $72,882.67 to CoSery for additional cost to install nine (9) concrete poles within 400' of major intersections on Main Street (Engineering, Scruggs) Motion to approve the above consent agenda items- Schrag; second by Boyer; motion passed with all ayes. Mayor McCourry requested 2.5 be pulled from the consent agenda for further discussion. 2.5 Consider approving a resolution authorizing the city manager to execute a Development Agreement by and between the City of The Colony and OOPS LAND, LTD. for a temporary sanitary sewer line and lift station at the Old Oak Pond Office complex located in Austin Ranch (Development Services, Joyce) Mayor McCourry asked Gordon Scruggs why there is no TCEQ reporting requirement in the document. Gordon said that a statement will be added to Section 4 that the TCEQ requirements for municipal facilities must be met. Motion to approve with the additional wording included- Terre; second by Mikulec; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to issue a purchase order for the purchase and installation of playground equipment for Stewart Creek Park from Child's Play, Inc. with pricing available through Buy Board, and funded by the Community Development Corporation (Parks & Recreation,Nelson) Director Nelson stated the Stewart Creek Park playground equipment is on the Community Development Corporation master plan. A sidewalk from the parking lot and a large multipurpose concrete pad were added to the project. She is requesting the purchase of the materials now because there will be a price increase after the first of the year. The equipment will have a nautical theme with an accessible component and a swing set. The completion will likely be late May 2015. Motion to approve-Marks;second by Mikulec; motion passed with all ayes. 3.2 Discuss and consider approving a resolution awarding a bid authorizing the city manager to execute a contract with RLM EarthCo for the Lions Club Park desilting project, and funded by the Community Development Corporation (Parks & Recreation,Nelson) 2 December 16,2014 Director Nelson told the council that in addition to the pond work there will also be some erosion control, tree removal and fish relocation that are not part of this contract. In the future an aeration device will be added. The pond will be approximately 10' deep upon completion of the project. Motion to approve-Schrag;second by Wade; motion passed with all ayes. 3.3 Discuss and consider approving a resolution authorizing the city manager to issue a purchase order to Caldwell Tanks, Inc. for the purpose of rehabilitating the city's elevated water storage tanks located at 5033 Clover Valley and 5260 North Colony Boulevard as approved in the 2014-15 municipal budget(Finance, Cranford) Assistant City Manager Tim Miller told the council this was approved in the budget. He added that paint color and design will be brought back to the council for their consideration. Sandblasting will be contained per TCEQ regulations. It will take 7 weeks to rehab the interiors and 10 weeks for the base coat of paint. The project will take approximately 1 year. Motion to approve-Schrag; second by Boyer;motion passed with all ayes. 3.4 Discuss and consider approving a resolution authorizing the city manager to issue purchase orders for the purchase of utility equipment as approved in the 2014-15 municipal budget (Finance, Cranford) Assistant City Manager Tim Miller told the council all these items were approved in the budget. Equipment included in this request are a dump truck, a trackhoe, and a 3/ ton pickup. Motion to approve- Terre; second by Wade; motion passed with all ayes. 3.5 Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow a modification to Gateway Overlay District Section 10A-900(c)(1)(C) regarding the use of an alternate exterior material (Development Services, Joyce) [PH SUP14-0010, Panda Express Exteriors] Mike Joyce stated this business will be located in the Rooms To Go subdivision. What they are proposing is to use ceramic tile on the exterior of the building. He showed the council some elevations of the building. The project meets the criteria for an SUP and the Planning and Zoning Commission recommended approval. The public hearing was opened and closed at 7:47 p.m. with no one wishing to speak. Motion to approve-Boyer;second by Marks; motion passed with all ayes. 3.6 Discuss and consider an ordinance approving a Development Plan for a 2,698 square foot restaurant, Panda Express, to be located on a 0.91 acre tract of land within Planned Development No. 16 (PD-16) on the north side of the Sam Rayburn Tollway (S.H. 121) approximately 250 feet west of South 3 December 16,2014 Colony Boulevard (Development Services,Joyce) [SP14-0017, Panda Express Restaurant Development Plan] Mike Joyce summarized this request. He reviewed the location, size, parking, access, drive through, and landscaping, and stated it meets the Gateway Overlay requirements. The Planning and Zoning Commission recommended approval. Motion to approve- Terre;second by Boyer;motion passed with all ayes. 3.7 Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow a modification to Gateway Overlay District Section 10A-900(c)(1)(C) regarding the use of an alternate exterior material (Development Services, Joyce) [PH SUP14-0009, Dental Depot Exteriors] Mr. Joyce told the council this is the old Wells Fargo bank building at South Colony Boulevard and Main Street. The added the building will be used as a dental office and would be 6,000 square feet. Architectural features were presented. He added this request meets the criteria for an SUP, and that the Planning and Zoning Commission recommended approval. It was noted that the requested change to the exterior would be hardi-board and look like wood. Councilmember Wade asked the developer why not use wood. The developer said there is less maintenance with the hardi-board. The public hearing was opened and closed at 8:02 p.m. with no one wishing to speak. Councilmember Boyer stated the building meets the city's current standards and believes this would be lowering those standards enough to need an SUP; Councilmember Schrag agreed. Mayor McCourry stated he sees this as an alternative material and not a step back. Councilmember Terre spoke in favor of the request. Councilmember Wade stated he is in favor of the use of real wood instead. Motion to approve-Schrag;second by Terre; motion failed with the following vote: No-Mikulec,Boyer, Wade, Schrag Aye-McCourry, Terre, Marks 3.8 Discuss and consider an ordinance approving a Site Plan for a 6,000 square foot dental office, Dental Depot, to be located on a 0.60 acre tract of land within a Shopping Center (SC) zoning district on the north side of the South Colony Boulevard at the intersection of Main Street (F.M. 423), addressed as 5014 Main Street (Development Services, Joyce) [SP14-0021, Dental Depot Site Plan] Mr. Joyce reviewed the location, size, parking, adding that a parking agreement is in place. He added that due to the upcoming roadway construction the city is requesting a development agreement for later completion of the landscaping. Planning and Zoning Commission recommended approval. Motion to approve-Boyer; second by Wade;motion passed with all ayes. 3.9 Discuss and consider an ordinance approving a Development Plan for a 16,614 square foot restaurant, Hard Eight BBQ, to be located on a 3.39 acre 4 December 16,2014 tract of land within Planned Development No. 25 (PD-25) at the southeast corner of the Sam Rayburn Tollway (S.H. 121) and Plano Parkway (Development Services, Joyce) [SP14-0018, Hard Eight BBQ Restaurant Development Plan] Mr. Joyce reviewed the location, size, parking, access, landscaping and proposed elevations. The exterior of the building will be stone with wood accents. Planning and Zoning Commission recommended approval. It was noted that this restaurant will be larger and have more parking than the one in Coppell. It should be complete in 6-8 months. Motion to approve-Marks;second by Mikulec; motion passed with all ayes. 3.10 Discuss and consider an ordinance approving a Development Plan for a 3,575 square foot restaurant, Raising Cane's, to be located on a 1.50 acre tract of land within Planned Development No. 25 on the west side of Plano Parkway approximately 325 feet south of the Sam Rayburn Tollway (S.H. 121) (Development Services, Joyce) [SP14-0019, Raising Cane's Restaurant Development Plan] Mr. Joyce reviewed the location, parking, drive through, landscaping and elevations. Planning and Zoning Commission recommended approval. Motion to approve-Schrag;second by Marks; motion passed with all ayes. 3.11 Discuss and consider an ordinance approving a Development Plan for a lake amenity and an adjacent outdoor boardwalk, to be located on a 13.35 acre tract of land within Planned Development No. 25 (PD-25) south of the Sam Rayburn Tollway (S.H. 121) west of Destination Drive (Development Services,Joyce) [SP14-0020, Boardwalk Lake Development Plan] Mr. Joyce presented the location map and depiction of the sidewalks that will surround the lake. Project should be substantially complete by March 2015. Motion to approve-Marks;second by Mikulec; motion passed with all ayes. 3.12 Conduct a public hearing, discuss and consider an ordinance amending the Comprehensive Zoning Ordinance and map of the city for signage and parking development standards for a 31.10 acre portion of Tract D in Planned Development No.16, located on the south side of Memorial Drive and west of South Colony Boulevard (Development Services, Joyce) [PH PDA14-0004, PD-16, Colony Center Text Amendments] Mr. Joyce stated this request is for Tract D only of PD 16. It includes 31.10 acres of undeveloped property. The requester is asking for three signs along S.H. 121 to be 60' tall and with more square feet than currently allowed. He is also asking for a sign on South Colony Boulevard that will be 40' tall. The request is also to adjust the current parking ratios for restaurants. Planning and Zoning Commission recommended approval. 5 December 16,2014 The public hearing was opened at 8:40 p.m. The developer Mr. Carl Crawley brought some diagrams to show the council. He said the sign height and area need to be larger primarily due to the location of the property in relation to the diverging diamond (height of it)roadway currently under construction at S.H. 121 and South Colony Boulevard. Drivers from the east must have advance notice to exit early since they won't be able to access the Rooms to Go from the north/east without doing so. Brian Murphy representing the property owner also spoke, reiterating the need for the larger/higher sign size. The public hearing closed at 8:50 p.m. Motion to approve-Marks;second by Boyer; Councilmember Wade questioned whether we want to allow such signs in other areas along South Colony. He made a motion to amend the original motion not to allow the sign on South Colony and it was seconded by Councilmember Mikulec. It was then pointed out that this request is for Tract D only of PD 16 and would not authorize other signs this size on South Colony. Councilmember Wade then withdrew his motion and the second was also withdrawn. Motion passed with all ayes. 3.13 Conduct a public hearing, discuss and consider an ordinance amending the Code of Ordinances regarding text amendments to Appendix A, Zoning, by adding a new land use, "Thrift Stores" to Section 10-200, Schedule of Uses, adding a definition of "Thrift Store" to Section 10-300, "Definitions and Explanations Applicable to the Schedule of Uses," and adding a new Section 10-2500, entitled "Thrift Store Regulations" establishing regulations relating to Thrift Stores, including requiring a Specific Use Permit (SUP) for the placement of thrift stores in certain zoning districts and establishing criteria by which a proposed thrift store may be judged to be in compliance with the overall goals of the Comprehensive Plan and to be compatible with existing adjacent land use (Development Services, Joyce) [PH SI14-0010, Zoning Ordinance Text Amendment for Thrift Stores] Mr. Joyce presented this item. The public hearing was opened and closed at 9:01 p.m. with no one wishing to speak. It was noted there is a typo in the caption regarding the penalty provision. Motion to approve subject to the amending the penalty provision- Marks; second by Wade; motion passed with all ayes. 3.14 First reading and discuss an ordinance amending the Code of Ordinances by repealing and replacing in its entirety Chapter 6, Article VI, Sections 6-131 to 6-170, entitled"Food and Food Establishments (Perez) Joe Perez provided the proposed fees and comparison for this ordinance. Mayor McCourry asked where the permits should be affixed for the mobile vendors so they are visible. 3.15 Discuss and consider amending Resolution No. 2013-029 to update council meeting procedures (Council) 6 December 16,2014 Mr. Terre spoke in favor of the revisions and made a motion to approve. Motion to approve- Terre;second by Wade; Mayor McCourry asked the city secretary to review the items presented for discussion. First, the question was raised whether citizens speaking during the public input portion of the meeting should be required to state their addresses (page 4) in light of the fact that there is a record of their address on the speaker card they fill out. Second, the mayor wanted to discuss a way for council to approve absences of other council members (page 5). He suggested that the reason for an absence should be noted in the minute approval for that particular meeting. Motion to approve with the address requirement to remain as is and the addition of having the minutes reflect the reason for a council person's absence- Terre; second by Wade;motion passed with all ayes. 4.0 WORK SESSION None Executive Session was convened at 9:27 p.m. 5.0 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding the city's contract with LDM Design and Construction and landscape warranty issues at Kids Colony Phase II Playground. 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. Reconvened to Open Session at 9:55 p.m. 5.2 A. Any action as a result of executive session regarding LDM Design and Construction and landscape warranty issues at Kids Colony Phase II Playground. No action. B. Any action as a result of executive session regarding Stewart Peninsula Golf Course/Anderson Express Lane, Inc. No action. And with no further business to discuss the meeting was adjourned at 9:55 p.m. APPROVED: J•- McCourry, Mayor ity of The Colony 7 December 16,2014 ATTEST. os,"#01'sf -.% 0 = *stie Wilson,TRMC t. City Secretary •.' •••. ..••°' ..... . TEX 00' ........... .. 8