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HomeMy WebLinkAbout11/17/2015 City Council November 17,2015 MINUTES OF COUNCIL REGULAR SESSION HELD ON NOVEMBER 17,2015 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 17th day of November, 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 Councilmember Present Brian R. Wade Councilmember Present David Terre Mayor Pro-Tem Present Perry Schrag Councilmember Present Joel Marks Councilmember Present(6:58 p.m.) 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—at 6:30 p.m. Invocation—David Terre Pledge of Allegiance to the United States Flag Salute to the Texas Flag Oath of Office for Newly Elected City Council Members — City Secretary Christie Wilson administered the Oath of Office to Joe McCourry, Kirk Mikulec and Richard Boyer. Items of Community Interest— Mayor — Mayor McCourry announced the Parks and Recreation and Library updates on upcoming events and activities. Councilmember Terre acknowledged the marker dedication ceremony held November 13, 2015, designating the Belz Road Bridge originally located at Duck Creek as a Denton County Historic Landmark. 2.0 WORK SESSION- The 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 heard during this portion of the agenda. 2.1 Discuss reducing the speed limit on Lebanon Road and the feasibility of adding golf cart lanes (Engineering, Scruggs) Gordon Scruggs, Director, provided discussion on possibly reducing the speed limit to 35 mph on Lebanon Road, and adding golf cart lanes with striping. Total cost for construction will be$800,000. Council discussed this item and requested that staff move forward with the proposal to reduce the speed limit to 35 mph on Lebanon, but council was not in agreement to the expansion of lanes. 1 November 17,2015 2.2 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 (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. None 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 city council meeting minutes for October 20,2015 (City Secretary, Wilson) 4.2. Consider approving council expenditures for the month of September 2015 (Council) 4.3. Consider approving a resolution casting the city's votes for David Terre to serve on the Denton Central Appraisal District Board of Directors for a two year term beginning January 1, 2016 (Council) 4.4. Consider approving a resolution authorizing the mayor to sign an interlocal agreement with Denton County for library services (Library, Sveinsson) 4.5. Consider a resolution approving an Amendment to the Bylaws of The Colony Economic Development Corporation(EDC, Samford) 4.6. Consider approving a resolution authorizing the city manager to execute an agreement with American Landscape Systems to provide various landscape management services for the Grandscape development with funding provided by the City of The Colony Public Improvement District No. 1 (Administration, Maurina) 4.7. Consider approving a resolution awarding a bid and authorizing the city manager to execute a contract for police department towing services (Police, Coulon) 4.8. Consider approving a resolution awarding a bid and authorizing the city manager to issue purchase orders for two (2) dump trucks for the Public Works Department with pricing available through the Cooperative Purchasing Agreement with Buyboard of Texas, with funding available from the 2015-2016 Fiscal Year budget (Public Works, Groeschel) 4.9. Consider approving a resolution awarding a bid and authorizing the city manager to issue purchase orders to H&H Concrete on Demand and Custom Crete for the annual purchase of concrete to include the option of three (3) additional one-year extensions (Public Works, Groeschel) 4.10. Consider approving a resolution authorizing the city manager to execute a contract amendment for Construction Materials Engineering and Testing Services for Phase 2 of the South Colony Boulevard Grade Separation at the Sam Rayburn Tollway/SH 121 (Engineering, Scruggs) 4.11. Consider approving a resolution authorizing the city manager to execute a contract for repair of Crawford Drive(Engineering, Scruggs) Motion to approve the above consent agenda items-Schrag;second by Mikulec;motion passed with all ayes. 2 November 17,2015 5.0 REGULAR AGENDA ITEMS 5.1. Discuss and consider approving an ordinance authorizing the issuance of Certificates of Obligation, Series 2015; establishing procedures for the sale and delivery of bonds; levying an annual ad valorem tax for the payment of said bonds; and enacting other provisions relating to the subject; also refund approximately$14.6 million of 2005 & 2007 bonds (Finance, Cranford) Jason Hughes, Senior Vice President, First Southwest, briefed council on the General Obligation Refunding Bonds, Series 2015 and Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2015. Motion to approve- Terre;second by Wade; motion passed with all ayes. 5.2. Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract, including the Alternate, for the Stewart Creek Wastewater Treatment Plant Expansion Project, Phase I (Public Works, Groeschel) Evan Groeschel, Project Management Analyst, reviewed the proposed request to contract with Pepper-Lawson Waterworks as the lowest, qualified, responsible bidder for construction of the Wastewater Treatment Plant Phase I expansion in the amount of$17,796,000. City Attorney Jeff Moore provided an update on a revised resolution due to a discrepancy in the amount stated in the bonds for this project. The change made in Section 3,now states in an amount not to exceed$17,797,000. (Councilmember Marks arrived at 6:58 p.m. just prior to the vote however did not cast a vote on 5.2) Motion to approve-Schrag;second by Mikulec; motion passed with all ayes. 5.3. Discuss and consider approving a resolution authorizing the city manager to execute a contract amendment with Corollo Engineers, Inc. for engineering services during construction of the Stewart Creek Wastewater Treatment Plant Expansion Phase I (Public Works, Groeschel) Evan Groeschel reviewed the proposed request to amend the contract with Corollo Engineers, Inc. for engineering services during construction at the Stewart Creek Wastewater Treatment Plant Expansion Phase I in the amount of$1,950,848. Motion to approve-Schrag;second by Mikulec; motion passed with all ayes. 5.4. Conduct a public hearing, discuss and consider approving an ordinance amending Planned Development 18 and 23, (Ordinance No 2013-2023) known as the Tribute and The Tribute West Planned Development amendment, updating the Exhibit B - Development Standards for new constructions within The Tribute and The Tribute West(Development Services,Joyce) 3 November 17,2015 Mike Joyce, Planning Team Leader, reviewed the proposed ordinance amending Planned Development 18 and 23 to allow variable residential lot widths for new construction. The Development Review Committee and Planning and Zoning Commission recommended approval. The public hearing on Planned Development 18 and 23 was opened and closed at 7:05 p.m. with no one wishing to speak. Motion to approve- Wade;second by Marks;motion passed with all ayes. 5.5. Conduct a public hearing, discuss and consider approving an ordinance amending Planned Development 25 or Grandscape Planned Development Ordinance, (Ordinance No 2011-1927), adding to Section XIV Miscellaneous - Subsection O-Live Outdoor Music (Development Services,Joyce) Mike Joyce reviewed the Planned Development District No. 25 request to allow live outdoor music permissible during peak hours (defined as Monday through Friday after 6 p.m. to 11:00 p.m., Saturday, Sunday, and Holidays after 11:00 a.m.), not to be performed after 1 a.m. Music performances are not to exceed 95 dB at a distance of 100 meters. The Development Review Committee and Planning and Zoning Commission recommended approval. The public hearing on Planned Development 25 or Grandscape Planned Development was opened at 7:15 p.m. Three individuals appeared in opposition of the proposed ordinance: Bill Kula, Plano, TX, 75024; Paul Nolte, Piano, TX. 75024. Christi Martin, The Colony, TX, 76050, appeared in support of the proposed ordinance,but asked if council would reconsider allowing the venue to operate until 1:00 a.m. There being no others,the public hearing closed at 7:25 p.m. Motion to approve-Marks; second by Wade;motion passed with all ayes. 5.6. Conduct a public hearing, discuss, and consider approving an ordinance amending Section 6-261 (j), Feather Signs, of Article XI, Signs, of Chapter 6 of the Code of Ordinances (Development Services,Joyce) Mike Joyce reviewed the proposed ordinance amending the Sign Ordinance, Section 6-261 (j), "Feather Signs". The amendment is to allow applicants an alternative method of advertising special events and or sales during construction on FM 423. Feather signs shall be spaced a minimum of 10 feet from another feather sign, and be located a minimum of 10 feet from any drive providing ingress and egress For businesses fronting in and along FM 423, or businesses located within 200 feet of the intersection, have a timeframe of 60 days. The Sign Board of Appeals recommended approval. The public hearing on the amendment of the sign ordinance was opened at 7:30 p.m. Christi Martin, asked whether this amendment would impact political signs; further that she is opposed to them being left in public view after completion of the recent election. There being no others,the public hearing closed at 7:32 p.m. 4 November 17,2015 Councilmember Boyer spoke of possible clutter along FM 423 obstructing the view with additional feather signs. City Attorney Jeff Moore provided clarification on the difference between commercial and political signs to Council. Motion to approve- Terre;second by Schrag;motion passed with 6 ayes except for Boyer who voted nay. 5.7. Discuss and consider a resolution authorizing the city manager to execute a maintenance agreement between the City of The Colony, Texas and the Creekside at Austin Waters Homeowners Association (the "HOA") for Austin Waters East Subdivision, Phases I and II (Development Services,Joyce) Mike Joyce reviewed the proposed resolution to consider approval of a maintenance agreement for Phase 1 and Phase 2 between the City of The Colony and the Creekside at Austin Waters Homeowners Association, for the purpose of establishing responsibilities regarding certain stormwater, drainage improvements and decorative paving bricks. Motion to approve-Marks; second by Mikulec; motion passed with all ayes. 5.8. Discuss and consider an ordinance approving a Site Plan for Advance Auto Parts, an automobile parts and accessory sales shop, located at 4901 Main Street,hi General Retail (GR) zoning district(Development Services,Joyce) Mike Joyce presented the Site Plan for the Advance Auto Parts Project. A proposed auto parts store of 6,889 in square footage. He reviewed the location, access, parking, elevations, and landscaping. The Development Review Committee and Planning and Zoning Commission recommended approval. Motion to approve-Boyer; second by Mikulec; motion passed with all ayes. 5.9. Discuss and consider an ordinance approving a Development Plan for Lava Cantina, a 21,723 square foot restaurant and entertainment venue, located on Lot 3, Block D, Grandscape Addition Phase II, near the northwest corner of Grandscape Boulevard and Destination Drive(Development Services,Joyce) Mike Joyce reviewed the proposed Development Plan for Lava Cantina. A 21,723 square foot restaurant and entertainment venue to include an outside patio and stage area. The Development Review Committee and Planning and Zoning Commission recommended approval. Motion to approve- Terre;second by Wade; motion passed with all ayes 5.10. Discuss and consider an ordinance approving a Development Plan for a driveway accessing the City of Lewisville site,located at the southeast corner of Tittle Drive and Plano Parkway(Development Services, Joyce) Mike Joyce presented the proposed Developmernt Plan to build a driveway accessing the retail site in the City of Lewisville to connect with Plano Parkway. He reviewed the location, confirming that this request is only for a portion of an access 5 November 17,2015 roadway in The Colony city limits, and that the area will be landscaped. The Development Review Committee and Planning and Zoning Commission recommended approval. - Motion to approve-Schrag; second by Marks; motion passed with all ayes. 5.11. Discuss and consider an ordinance approving a Site Plan for Best Western Premier, a limited service hotel, located south of Memorial Drive, north of Assured Storage in the Business Park (BP) zoning district (Development Services,Joyce) Mike Joyce presented the Site Plan for Best Western Premier. A proposed 4 story building, 81 guest room limited service hotel, on approximately 1,553 acres of land. He reviewed the location, access, parking, elevations, and landscaping The Development Review Committee and Planning and Zoning Commission recommended approval. Motion to approve-Marks;second by Boyer; motion passed with all ayes. an ordinance approving a Site Plan for Staybridge Suites, 5.12. Discuss and considerpp g Y a limited service hotel, located south of Memorial Drive, north of Assured Storage in the Business Park (BP) zoning district (Development Services, Joyce) Mike Joyce presented the Site Plan for Staybridge Suites. A proposed 4 story building, 98 guest room limited service hotel, on approximately 2,408 acres of land. He reviewed the location, access, parking, elevations, and landscaping. The Development Review Committee and Planning and Zoning Commission recommended approval. Motion to approve- Terre;second by Wade; motion passed with all ayes. 5.13. Discuss and consider an ordinance approving a Development Plan for Grandscape Boardwalk Parking, 576 parking spaces for associated retail/restaurant uses, surrounding the Grandscape Boardwalk, located at the northwest corner of Grandscape Boulevard and Destination Drive (Development Services,Joyce) Mike Joyce reviewed the Development Plan for Grandscape Boardwalk Parking. The proposal is to build 576 parking spaces for associated retail and restaurant uses. The Development Review Committee and Planning and Zoning Commission recommended approval. Motion to approve-Marks;second by Mikulec; motion passed with all ayes. 5.14. Discuss and consider an ordinance approving a Development Plan for — MiCocina restaurant, a 7,626 sf single story building, located at the northeast corner of Nebraska Furniture Mart Drive and Bargain Way (Development Services,Joyce) 6 November 17,2015 Mike Joyce presented the Development Plan for MiCocina. A proposed 7,626 square foot single story restaurant located at Nebraska Furniture Mart Drive and Bargain Way. Mike reviewed the location, access, and parking, elevations, material and landscaping. The Development Review Committee and Planning and Zoning Commission recommended approval. Motion to approve-Boyer;second by Wade;motion passed with all ayes. 5.15. Discuss and consider an ordinance approving a Site Plan for Lot 1, Block A Overlake Addition, 3.3838 acres of land located at the Northeast corner of Overlake Drive and Main Street(Development Services,Joyce) Mike Joyce presented the Site Plan for the Overlake Addition. The proposal is to build a 17,000 square foot retail building on Lot 1, Block A. He reviewed the location, access, and parking, elevations, material and landscaping. The Development Review Committee and Planning and Zoning Commission recommended approval. Council discussed the fact that there is not a deceleration lane on Main Street for this development. Gordon explained that the City is following the guidelines of TxDOT. He added that a deceleration lane, if warranted in the future, would be the responsibility of the developer. Motion to approve- Terre;second by Boyer; motion passed with all ayes. 5.16. Discuss and consider a resolution authorizing the city manager to execute a contract amendment for Construction Materials Engineering and Testing Services for relocation of the City's utilities on FM 423 (Engineering, Scruggs) Gordon Scruggs presented the proposed resolution to amend a contract with Landtec Engineers, LLC for additional services extending to eight months, with a cost estimate of to increase the contract by$178,376.50. The total project funding is $346,085.50. Motion to approve-Schrag; second by Mikulec;motion passed with all ayes. 5.17. Discuss and consider a contract amendment and incentive for opening the bridge in March 2015 with Austin Bridge & Road, L.P. for the South Colony Grade Separation at the Sam Rayburn Tollway/SH 121Tollway/SH 121, and ratifying a contract incentive for early completion (Engineering, Scruggs) Gordon Scruggs presented the proposed resolution to approve a contract amendment and incentive funding relating to early opening of the bridge in March with Austin Bridge &Road, L.P. for the South Colony Grade Separation at the Sam Rayburn Tollway for a total cost of$825,604.04. Motion to approve-Schrag;second by Mikulec;motion passed with all ayes. 7 November 17,2015 5.18. Discuss and consider a resolution authorizing the city manager to execute a service agreement with SPAN, Inc. for providing demand transportation services to residents and fmancial support for the Meals on Wheels program (General Admin, Perez) Joe Perez, Programs Administrator, reviewed the SPAN service agreement. This item is a continuation of the discussion held at the October 20, 2015 Council meeting regarding entering in to a service agreement to provide demand response transportation services to residents of The Colony. Council had discussion on this item and requested to amend the service agreement, removing the language general public from the contract and to add spouses or companions of veterans. The term of this agreement shall be from October 1, 2015 through September 30,2016. Funding will re-evaluated next year. Motion to approve-Marks;second by Boyer;motion passed with all ayes. 5.19. Discuss and consider cancelling or rescheduling the December 15, 2015 city council meeting and provide direction to staff(Council) Council discussed whether this meeting should be cancelled. They agreed to table this item until the next meeting scheduled for December 1,2015. Motion to table this item to December f`: approve -Schrag; second by Mikulec; motion passed with 6 ayes except for Terre who voted nay. Executive Session was convened at 8:50 p.m. 6.0 EXECUTIVE SESSION 6.1. 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 a contract with Atlantic Hotels. B. 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 Municipal Court Judge. Reconvened to Open Session at 10:07 p.m. C. Any action as a result of executive session. Item A. -No action Item B. Motion to approve a contract effective October 1, 2015, with Judge Lafferty as municipal court judge at$62,000 per year, and subject to the revisions in Section 3 as discussed in executive session, and subject to Judge Lafferty's approval- Wade; second by Schrag; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 10:10 p.m. 8 November 17,2015 APPROVED: _ J I • McCo , Mayor ity of The olony ATTEST• '"" ""' y z : • _ •stie Wilson,TRMC ': SEAL City Secretary ' • c - TEXP 9 i i