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Home My WebLink About01/20/2015 City CouncilJanuary 20, 2015 MINUTES OF COUNCIL REGULAR SESSION HELD ON JANUARY 20, 2015 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:53 p.m. on the 20th day of January, 2015, at City flail, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk lid ulee Councilmer ber Present Richard Boyer Councilmember Present Brian R. Wade Councilmember Present David Terre Mayor Pro -Terms 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 LROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Cali to Order Invocation -- first Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Announcement of upcoming civic events and activities 1- Parks and Recreation update. City Manager Troy Powell stated that new law concerning abandoned and junked -vehicles will include boats beginning March 1, . More information will be provided in the coming weeks. Mr. Powell also introduced the city's new Milman Resources Director Rodney Wallican. 2.0 WORK SESSION- "l"lie Work Session is for the purpose of exchanging information regarding public business or policy. No action is taken on Work session items. Citizen input will not be beard during this portion of the agenda. 2.1 Receive presentation and discuss the 2014 Crime Statistics (Police, Coulon) Police Chief David Coulon reviewed the Uniform Crime Report for 2014 and stated that cringe was doyen in almost every category from the previous year. He added that arrests and citations were up as well. The Annual Report will be out in a l'ew weeks. 2.2 Discuss quarterly report on public information requests (City Secretary) IFhese items are strictly public service announcements. No action will be taken and no direction �Nill be given regarding, these items. January 20, 20 15 City Secretary Christie Wilson asked the council members if this report is something they still want to see in the packet for the upcoming year, The general. consensus was to continue including it in the agenda packets quarterly. 2.3 Council to provide direction to staff regarding future agenda items (Council) None 3.0 CITIZEN INPUT- This portion of the meeting is to allow up to five (j) minutes perspeaker 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. Those wishing to speak shall submit a Request .Form to the City Secretary. Christi Martin commented on cybercrimes and asked how the city could address those. She stated how she has been personally affected by threats through social media. 4.0 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. 4.1 Consider approving minutes of council meetings held January 6, 2015 (City Secretary) .3 Consider approving a resolution authorizing the city manager to execute a professional services contract amendment with Halff Associates, Inc. in the amount of $30,000 for review of development plans (Engineering, Scruggs) 4.4 Consider approving a resolution authorizing the city manager to execute a professional services agreement with Dunkin Sines Stoffels in the amount of $14,070 for the development of a Master Plan for 'west Shore Park, with funding provided by the Community Development Corporation (Parks, Nelson.) 4.6 Consider approving a resolution authorizing the city manager to execute a secondary Park Attendant Agreement for services provided at Stewart Creek Park (Parks, Nelson) 4.7 Consider approving a resolution authorizing the mayor to execute the Second Amendment to the Marine Quest Ground Lease for Hidden Cove .Park, providing for a lease extension and repeal of Article 5(3) (Parks, Nelson) 4.8 Consider approving a resolution authorizing the city manager to execute a Buy Board. Contract with WeBuildFun, Inc. (Miracle) in the amount of $25,000 for the purchase and installation of tot play equipment for Slay/Baker Park, with funding provided by the Community Development Corporation (Parks, Nelson) Motion to approve above consent agenda terms- Wade; second by Maarks, motion passed with all ayes. Councilmember Terre requested 4.2 and 4.5 be addressed separately. 4.2 Consider accepting Margaret Heerman's resignation from the Library Board (Council) 11 January 20, 2015 Councilmernber Terre read Ms. fleerman's resignation letter and further stated that the reason she is resigning is because she is now a city employee and not eligible to serve on a board. Motion to approve- Terre; second by Marks; motion passed with all ayes. 4.5 Consider approving a resolution authorizing the city manager to execute a professional services agreement with Dunkin Sims Stoffels in the amount of 127,965 for development of construction plans and bid documents for a dog park to be located at East Lake Highlands Park with funding provided by the Community Development Corporation (Parks, Nelson) Councilmember Terre commented that a dog park has been of importance to our residents, along with the recently approved expansion of a quarantine area at the shelter. lie thanked all those involved with the project. Motion to approve- Terre; second by Wade; motion passed with all ayes. F-- 5.0 _:7GULAAG E NDA ITEMS 5.1 Discuss and consider approving a resolution authorizing the city manager to execute a construction services contract for the widening of Memorial Drive .from Worley Drive to South Colony Boulevard (Engineering, Scruggs) In the absence of Gordon Scruggs, Planning Director Mike Joyce reviewed this itern. He explained that this project is to widen the remaining portion of Memorial to four lanes, He reviewed the map and the overall cost projection, adding that Denton County should be providing the funding through 1`RIP08 funds. Mike reviewed the bids submitted and stated that staff is recommending Tisco Paving Company for the project without any alternates. Mayor McCourry requested an executive session to consult with the city attorney at 7:25 p.m. Open session was resumed at 7:30 p.m. Motion to approve a contract with Tiseo Paving Company as the lowest, qualified responsible bidder for construction Qf the Memorial Widening subject to approval of./anding from Denton County- it second by Boyer, motion passed with all ayes. 5.2 Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit to allow a limited service hotel, Staybridge Suites Hotel, to be located on a 2.25 acre tract of land on the south side of Memorial Drive, approximately 750 feet west of Paige Road (Development Services, Joyce) Mike Joyce reviewed the location, renderings, and pricing comparisons for other hotels in the city and the area. He said the request meets the criteria for a specific use permit and that P&Z recommended approval. Councilmember Terre suggested that Budget Suites not be used in the comparisons since they are not a limited stay hotel. The public hearing was opened and closed at 7:40 p.m. with no one wishing to speak. 3 January 20, 2015 Mayor McCourry asked the developer about another hotel like this that is being built in Frisco and whether the market would be over -saturated. The developer replied that even though the locations are close to each other, the market is different. Motion to approve- Terre; second by Mikulec; motion passed with all rmyes except far Schrag who voters' no. 5.3 Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit to allow a limited service hotel, Best "Western Premier Hotel, to be located on a 1.75 acre tract of land on the south side of Memorial Drive approximately 500 feet west of Paige Load (Development Services, Joyce) Mike Joyce reviewed the location, renderings, and pricing; comparisons for other hotels in the city and the area. It was noted there is only one other Best Western Premier Hotel in the area. Mike further said the request meets the criteria for a specific use permit and that P&Z recommended approval. The public hearing was opened and closed at 7:45 p.m. with no one wishing to speak. Councilmember Marks asked the developer what the expected regular rates are for this hotel and. the response was $129-$159. Motion to approve- Wade; second by Mikulec; motion passed with all raves except far Schrag who voted no. 5.4Conduct a public hearing, discuss and consider a text amendment for revisions to Section 13-100, ``Off -Street Parking Schedule77 to revise the required parking ratios for certain restaurant uses (Development Services, ,Joyce) Mike Joyce requested that the public hearing be opened and continued until February 17, 2015 so that the Ordinance review Committee can review the proposed ordinance. The public hearing was opened at 7:47 p.m. No one requested to speak. Motion to continue the public hearing until February 17, .2015- Schrag; second by Marks; motion passed, with all ayes. 5.5 Conduct a public hearing, discuss and consider a zoning use change for a 16.93 acre portion of Tract D in Planned Development No.16, in the area generally located on the south side of Memorial Drive and west of South Colony Boulevard. (Development Services, ,Joyce) Mike Joyce requested the public hearing on this item be opened and continued until February 17, 2015. He said the Planning and Zoning Commission also continued their public hearing and is giving the applicant additional time to present more detailed information on their project. The P&Z is not able to make a recommendation to the council until they continue their discussion on January 27`'. The public hearing was opened at 7:50 p.m. Councilmember Boyer asked for some information on this project. Mr. Joyce replied it is a mixed use with 4 January 20, 2015 commercial, multi -family and/or possibly some townhornes. City Attorney Jeff Moore told the council that since it was advertised for tonight it was put on this agenda but does need to be continued since there is no recommendation yet from P&Z. Motion to table (continue) the public hearing until February 17, 20.15- Wade; second by Marks; motion passed with all ayes. 5.6 Discuss and consider approving a request from Atlantic Colony Venture 1, LLC for a reduction of building permit fees and an extension of the original agreed completion date for the development of a Hampton Inn and Suites Hotel to be located on Lot 8 in the Grandscape Development (Development Services, Joyce) Mike Joyce told the council that the request from Atlantic is three -fold. They are requesting a reduction in building permit fees, a ,,vaiver of all impact fees, and an extension to the contract deadline, which is January 2016, until April 2016. Councilmember Boyer asked whether the Courtyard Hotel has paid the fees [set by the city] and Mike responded that they have. Other hotels are currently in the process. Mayor McCourry told the council these requests can be voted on individually or collectively. City Attorney Jeff Moore said that Atlantic may have some additional information to provide. Cliff Freednian an attorney representing Atlantic told the council that regretfully they have not communicated directly with the city regarding this but with a third party [a representative of the Grandscape developer.] Fle said that currently construction time is fifteen (15) months from start to finish, which from October 2014 would have them open January 2016 and they are requesting the deadline be extended until April 2016, with additional time if needed for force majeurc. He added that the contract does not state a required start time. Mr. Freedman further said that without the extension the project would be put on hold as the owner cannot proceed without financing. The city could have a right of repurchase of the land under the contract and reimburse the owner for costs; nothing would happen with that until January 2016. Mr. Freedman offered that Atlantic would start grading by March 2015, and be open by May 2016, and they would commit to starting the second hotel. nine (9) months from finishing the first one, rather than the twelve (12) months stated in the contract. Lastly, they will withdraw their request for reduced and waived fees, There was discussion as to "force majeure" and how it applies to this contract. Councilmember Terre requested an executive session at 8:10 p.m. Open session resumed at 9:02 p.m. Councilmember Schrag stated that earlier this evening the Local Development Corporation recommended denial of the extension request. Mo,tio,n to deny all three points [requests] and leave the contract as is- Schrag; second by Mikulec; It was clarified that a "yes" vote is to support the denial. Motion passed ivith all ayes. 2 January 20, 2015 5.7 Discuss and consider Resolution leo. 2015-008 approving a Private Transfer Agreement (Grant by Special Warranty Deed) by and: between The Colony Local Development Corporation and. LMG 'Ventures, LLC, conveying an approximately 16.815 acre tract or tracts of land, located in the Buffalo Bayou, Brazos & Colorado railroad Company Survey, Abstract No. 174, City of The Colony, Denton County, Texas (1Vlaurina) This land transfer is for the Crrandscape Boardwalk. The site plan was previously approved by council and the Focal Development Corporation approved the transfer in their meeting earlier tonight. Motion to approve- Marks; second by Mikulec; motion passed with all ayes. 6.0 EXECUTIVE SESSION None And with no further business to discuss the meeting was adjourned at 9:07 p.m. ATTEST: )AU4 C ristde Wilson 'FRM1C City Secretary APPROVED- 6