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Home My WebLink About06/02/2015 City Council June 2,2015 MINUTES OF COUNCIL REGULAR SESSION HELD ON JUNE 2,2015 The Regular Session of the City Council of the City of The Colony, Texas,was called to order at 6:32 p.m. on the 2nd day of June, 2015, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilmember Present Richard Boyer Mayor Pro-Tern Present Brian R. Wade Councilmember Present David Terre Councilmember 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: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1. ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1.1. Call to Order 1.2. Invocation 1.3. Pledge of Allegiance to the United States Flag 1.4. Salute to the Texas Flag 1.5. Recognize The Colony High School Students for Artwork Submissions -Clover Valley Water Tank- Joe Perez explained the process for the students submitting their artwork and provided certificates of appreciation to the students. 1.6. Recognize Girls Scouts from Troop 581 for Receiving Silver Awards Pam Nelson explained the Silver Awards process and recognized each student by explaining their projects. 1 June 2,2015 1.7. Items of Community Interest' Brant Shallenburger reviewed the recent flooding situation in the city, largely due to the high water in the lake. He reviewed the actions taken by city personnel and the notifications that were provided to the residents on an on-going basis. Mayor McCourry thanked staff for being pro-active. Assistant City Manager Tim Miller told the council that expenses incurred due to the flooding are being tracked in order to apply for reimbursement from FEMA. 1.7.1. Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. WORK SESSION 2. WORK SESSION 2.1. Discuss Alleyway repair and the timeline for alleyway repair funding (General Admin,Miller) Brant Shallenburger provided an overview of some alleyways in need of repair/replacement, and the costs associated with that. There are no funds for this in the current budget but will include in next year's budget. 2.2. Receive a presentation and discuss storm water drainage mitigation alternative analysis for Hetherington Circle (Engineering, Scruggs) City Engineer Gordon Scruggs and Joe Perez reviewed a drainage situation on Hetherington Circle. Recent heavy rains have caused the residents there to ask the city for a solution to high water. Gordon provided some possible solutions and costs. The current plan is to clean up the storm drainage area to allow a free flow of water toward the lake. 2.3. Discussion of the 2015 Legislative Session including HB 365, HB 376, HB 1044, SB 182, SB 434, SB 558, and SB 1254 (City Attorney) City Attorney Jeff Moore reviewed the resolutions that the city adopted in order to present the city's position on those matters to the State legislators. This was successful, however, Councilmember Boyer added that during next legislative session, he will again want to address the language required to adopt the tax rate. It was noted that efforts are underway to have a signing ceremony for HB 1044, which names F.M. 423 Sgt. Enrique Mondragon Memorial Highway. These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee.No action will be taken and no direction will be given regarding these items. 2 June 2,2015 2.4. Council to provide direction to staff regarding future agenda items (Council) None CITIZEN INPUT 3. CITIZEN INPUT - This portion of the meeting is to allow up 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. Those wishing to speak shall submit a Request Form to the City Secretary. 1) Dallas Cothrum representing Rooms to Go development provided information to the council implying the developer would donate five acres to the city for possibly a new city hall site along Memorial Drive if the council would approve a garage-wrap multi-family project there. [Council had previously voted against a multi-family development at this location.] 2) Ron Gracowski spoke regarding some residences in his neighborhood that are in need of proper upkeep and asked why the city ordinances have not been enforced. Mayor McCourry advised that staff will review and contact him. CONSENT AGENDA 4. CONSENT AGENDA 4.1. Consider approving meeting minutes for city council meeting held May 19, 2015 [McCourry, Schrag,Marks absent/ICSC] (City Secretary) 4.2. Consider approving council expenditures for the month of April 2015 (Council) 4.3. Consider accepting the budget and expenditures for purchasing certain police equipment from the Police Forfeited Fund (Police, Coulon) 4.4. Consider approving a resolution approving a negotiated settlement agreement between the Atmos Cities Steering Committee and Atmos Energy Corporation regarding the company's 2014 and 2015 rate review mechanism filings (Finance, Cranford) Motion to approve-Mikulec;second by Wade; motion passed with all ayes. REGULAR AGENDA ITEMS 5. REGULAR AGENDA ITEMS 5.1. Receive and discuss a request from the Denton County Transportation Authority for the city's support of a grant application (General Admin, Perez) 3 June 2,2015 DCTA Representative Allen Harris introduced Kristina Brevard who explained DTCA's plan for Denton County transportation in our area. She reviewed the possible bus transit that will be requested in the grant application. She asked for the city to provide a letter of support. There was considerable discussion by the council on this matter but it was noted there is no financial impact to the city for this. The council voted to provide a letter of support. Motion to approve-Marks;second by Wade;motion passed with all ayes. 5.2. Discuss and consider an ordinance approving a Development Plan for a 1.962-acre portion of Tract B-4 in Planned Development 16 (PD-16) for a 4,650 square foot convenience store with gasoline pumps, located on the southwest corner of South Colony Boulevard and Memorial Drive (Development Services,Joyce) Mike Joyce reviewed the location for this convenience store with fuel. This is within the Gateway Overlay District and complies with all requirements. Planning and Zoning recommended approval. Councilmember Marks inquired about alcohol sales in close proximity to school district owned property. The city attorney advised since this business will be operational before a school is built, there is no problem with alcohol sales. Motion to approve-Mikulec; second by Boyer; motion passed with all ayes except for Marks who voted no. 5.3. Conduct a public hearing, discuss and consider an ordinance approving a request for Specific Use Permit to allow an automobile sales facility, called Carvana, on approximately 1.38 acres, located approximately 1,060 feet west of Paige Road and approximately 600 feet south of Memorial Drive adjacent to the existing Firestone Tire and Vehicle Service Store within the Business Park (BP) zoning and the Gateway Overlay District(Development Services,Joyce) Mike Joyce gave a summary of this request including location, building size, access, parking and landscaping. The Planning and Zoning Commission recommended approval. Matt Moore with Clayton Engineering presented a detailed concept of how the business would operate. It was noted that no sales tax is collected for cities for vehicle sales. The public hearing was opened and closed at 8:45 p.m. with no one wishing to speak. Motion to approve-Marks; motion failed due to lack of a second to the motion. Motion to deny SUP-Mikulec; second by Boyer; motion passed with all ayes except for Marks who voted no. 5.4. Conduct a public hearing, discuss and consider approving an ordinance amending the Code of Ordinances, for revisions to Appendix A, Zoning Ordinance — Section 13: Vehicular Parking, Parking Lot and On-Site Traffic Regulations, Table 13-100 - Off Street Parking Schedule to revise the required parking ratios for certain land uses (Development Services,Joyce) 4 June 2,2015 Mike reviewed the current and proposed parking space requirements for restaurants, hospitals, and convenience stores. Planning and Zoning recommended approval of the changes. The public hearing was opened and closed at 8:55 p.m. with no one wishing to speak. Motion to approve- Terre; second by Mikulec; motion passed with all ayes except for Schrag who voted no. 5.5. Discuss and consider approving a resolution authorizing the city manager to execute a contract amendment with Austin Bridge & Road, L.P. for construction of Phase 1 of the South Colony Boulevard Grade Separation at the Sam Rayburn Tollway/SH 121 (Engineering, Scruggs) Gordon Scruggs reviewed the purpose for this contract amendment for a traffic pole, foundation and conduit, water mediation, and other additional work. The amount of the amendment is $207,068.37 and is funded through the Tax Increment Reinvestment Zone and RTC (regional toll revenue. Motion to approve-Boyer;second by Marks;motion passed with all ayes. 5.6. Discuss and consider approving an ordinance amending the 2014-15 municipal budget to fund a polyurethane foam injection for sub-street support on North Colony Boulevard from approximately Freeman to Queen Circle (Public Works, Groeschel) Evan Groeschel explained to the council how a water main break in this area of North Colony damaged the sub-material for the street. Currently there is a void there and it needs to be promptly repaired. Without enough funds in the Public Works budget, an amendment needs to be done. The work will take two days. Motion to approve-Schrag;second by Mikulec; motion passed with all ayes. 5.7 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a contract for annual sludge hauling (Public Works, Groeschel) Evan reviewed the bids for sludge hauling. SWS Environmental bid $179,626.00 for the year. Motion to approve- Wade;second by Boyer; motion passed with all ayes. 5.8. 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, 2015 (Council) 5 June 2,2015 Following a brief discussion, Councilmember Terre volunteered to be a nominee for this position. A resolution will be prepared and submitted. Motion to approve-Schrag;second by Mikulec;motion passed with all ayes. 5.9. Consideration and action on possible litigation concerning property generally located at 4505 Ridgepointe Drive,The Colony(City Attorney,Moore) Community Image Manager Iris Browder showed the council some photos of the water leak issue at this address. It has been confirmed that the leak is on the customer side of the lines. She reviewed that attempts have been made since 2010 to get the property owner to address the problem, including issuing citations. No response has been received from the property owner. Citizen Alan Ladd of the Ridgepointe HOA spoke regarding the matter. Mayor McCourry requested an executive session at 9:20 p.m. Open session was resumed at 9:35 p.m. After a brief discussion the city attorney was advised to schedule a hearing on the matter, then if still no response from the property owner, notice would be given and the water to the residence turned off. Executive Session was convened at 9:50 p.m. 6.1 City Council shall convene into closed executive session pursuant to Section 551.171(2) of the Texas Government Code to consult with the City Attorney regarding an economic development related matter and the Grandscape development. Reconvened Open Session at 10:25 p.m. 6.2 Any action as a result of executive session. No action. And with no further business to discuss the meeting was adjourned at 10:25 p.m. APPROVED: J e McCourry, Mayor City of The Colony +1,,,,,,,,►�,1,,,,,,,,,,' ATTE : �`'�� .. _ ; tt- 4 Ail- - _ SE ri ristie Wilson, TRMC c City Secretary = • ,,,, .• ,,��`'� , 'E ,,,/X,, „ 6