HomeMy WebLinkAbout2020 0107CITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, JANUARY 7, 2020
6:30 PM
TO ALL INTERESTED PERSONS
Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony,
Texas to be held at 6:30 PM on TUESDAY, JANUARY 7, 2020 at CITY HALL, 6800 MAIN ST., THE
COLONY, TX, at which time the following items will be addressed:
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 Recognition of the Comprehensive Annual Finance Report (CAFR) Award. (Council)
1.6 Items of Community Interest
1.7 Receive a presentation from the Library regarding current and upcoming programs, events, and service
improvements. (Margolis)
2 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.
3 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.
3.1 Receive a presentation and update from The Colony Chamber of Commerce. (Perez)
3.2 Discussion on the use of speed bumps in The Colony. (Powell)
3.3 Discuss Public Information Requests Quarterly Report as presented for Council review. (Council)
3.4 Council to provide direction to staff regarding future agenda items. (Council)
4 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.
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 01/07/2020
Page - 2
4.1 Consider approving City Council Regular Session meeting minutes for December 17, 2019. (Stewart)
4.2 Consider approving an ordinance amending Chapter 13 of the Code of Ordinances by Repealing in its
entirety Section 13-6 entitled "Police and Fire Radios". (Powell)
4.3 Consider approving a resolution authorizing the City Manager to execute a Landlord's Consent and
Agreement for refinancing of Blue Sky Sport Center. (Nelson)
4.4 Consider approving the Mayor sign the Governors mandated “State of Texas Department of Emergency
Management 147 notification form”, that City of The Colony will continue to operate under the Denton
County Emergency Management system, and that the security advisor will continue to serve as the
Mayors designated Emergency Management Coordinator for calendar year 2020. (Beene)
5 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use
Permit (SUP) to allow a tattoo parlor known as “Cowboy’s Tattoo,” and consider relief from Section
10-1370 that prohibits any tattoo parlor being located within 1,000 feet of a public, denominational
and/or charter school. The subject site is located at 4181 Main Street, Suite 800 containing a total area
of 1,350 SF, within Planned Development – 14 (PD-14) Zoning District and the Gateway Overlay
District. (Williams)
5.2 Discuss and consider a resolution appointing a representative and alternate to the Denton County
Transportation Authority Board of Directors. (Council)
6 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 pending or contemplated
litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of
The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas
Government Code regarding commercial or financial information the city has received from a business
prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s).
C. 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 pending or contemplated
litigation – Pamela Rogers, et. al. v. City of The Colony, Texas, et. al., Cause No. 4:19-cv-00919,
United States District Court, Eastern District of Texas, Sherman Division.
7 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of
Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.
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REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 01/07/2020
Page - 3
Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Any action as a result of executive session regarding commercial or financial information the city has
received from a business prospect(s).
C. Any action as a result of executive session regarding pending or contemplated litigation – Pamela
Rogers, et. al. v. City of The Colony, Texas, et. al., Cause No. 4:19-cv-00919, United States District
Court, Eastern District of Texas, Sherman Division.
EXECUTIVE SESSION NOTICE
Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the
above items may be considered in executive session closed to the public, including but not limited
to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of
the attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item.
Any decision held on such matter will be taken or conducted in open session following the
conclusion of the executive session.
ADJOURNMENT
Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as
interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to
contact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to the
meeting so that appropriate arrangements can be made.
CERTIFICATION
I hereby certify that above notice of meeting was posted outside the front door of City Hall by
5:00 p.m. on the ___ day of __________, 2017.
____________________________________
Tina Stewart, TRMC, City Secretary
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Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Recognition
Agenda Section:
Subject:
Recognition of the Comprehensive Annual Finance Report (CAFR) Award. (Council)
Suggested Action:
Attachments:
Certificate of Achievement of Excellance Recognition.pdf
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Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: Library
Item Type: Announcement
Agenda Section:
Subject:
Receive a presentation from the Library regarding current and upcoming programs, events, and service
improvements. (Margolis)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Presentation
Agenda Section:
Subject:
Receive a presentation and update from The Colony Chamber of Commerce. (Perez)
Suggested Action:
The Colony Chamber of Commerce will be proving a recap on their 2019 activities and a look ahead for the
plans in 2020.
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discussion on the use of speed bumps in The Colony. (Powell)
Suggested Action:
Attachments:
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss Public Information Requests Quarterly Report as presented for Council review. (Council)
Suggested Action:
Attachments:
PIR Quarterly Reports Oct-Nov-Dec.pdf
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Agenda Item No:3.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for December 17, 2019. (Stewart)
Suggested Action:
Attachments:
December 17, 2019 DRAFT Minutes.docx
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1 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.
MINUTES OF CITY COUNCIL REGULAR SESSION
HELD ON
DECEMBER 17, 2019
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 17th day of December, 2019, at City Hall, 6800 Main Street, The
Colony, Texas, with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Councilmember
Richard Boyer, Deputy Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Mayor Pro Tem
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 council members present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:32 p.m.
1.2 Invocation
Senior Elder Wade Raper with Bethel Fellowship Church delivered the
invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Special Events Coordinator, Lindsey Stansell, provided upcoming events and
activities to the Council.
Councilman Terre shared the final votes from the Denton Central Appraisal
District Board of Directors election with Council and announced winning his
fourth term with this organization.
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City Council – Regular Meeting Agenda
December 17, 2019
Page| 2
2.0 WORK SESSION
2.1 Discuss and provide direction to staff regarding dates to hold the Animal Shelter
Office expansion ground breaking.
Director of Community Relations and Programming, Joe Perez, reported on the
expansion and improved handicap accessibility at the new animal shelter.
Council provided discussion on this item and advised staff to schedule a
groundbreaking for Saturday, January 11, 2020.
2.2 Council to provide direction to staff regarding future agenda items.
Councilman Marks acknowledged new reflectors on all the medians within the
community making them more visible to see at night and during inclement
weather.
3.0 CITIZEN INPUT
James Trombley, 1119 Polo Heights Drive, Frisco, addressed his candidacy
for Texas House of Representatives District 106. He shared personal history with
his desire to represent the city in the upcoming legislature.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item No.
4.6 for separate consideration- Mikulec; second by Marks, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for December
3, 2019.
4.2 Consider approving Council expenditures for the month of October 2019.
4.3 Consider accepting Allen Harris's resignation from the Denton County
Transportation Authority Board of Directors.
4.4 Consider approving a resolution authorizing the President of The Colony
Economic Development Corporation to execute a Contract of Sale and any and all
documents necessary to convey an approximately 3.846 acres of land within the
City of The Colony, Denton County, Texas.
RESOLUTION NO. 2019-102
4.5 Consider approving a budget amendment ordinance for the Fiscal Year 2019-2020
Storm Water Utility budget to transfer $145,000.00 from the Office Creek Stream
Bank Protection at Bristol Oaks Apartments project to the Eastvale Storm Drain
Improvements project.
ORDINANCE NO. 2019-2384
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City Council – Regular Meeting Agenda
December 17, 2019
Page| 3
***Agenda Item pulled for separate consideration***
4.6 Consider approving a resolution authorizing the City Manager accept the list of
pre-qualified professional engineering and consulting service providers for sixteen
(16) service categories.
Director of Engineering, Ron Hartline, provided an overview to Council on this
item outlining the terms, conditions, and requirements set forth in the selection
process.
Motion to approve- Terre; second by Marks, motion carried with all ayes.
RESOLUTION NO. 2019-103
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving a resolution authorizing the City Manager to
execute an agreement with Insituform Technologies, LLC for the rehabilitation of
Curry Drive and Carr Street sewer lines in the amount of $381,034.50 utilizing
the Local Purchasing Cooperative Contract.
Director of Public Works, Evan Groeschel, presented the proposed resolution to
Council.
Council provided discussion on this item.
Motion to approve- Mikulec; second by Boyer, motion carried with all ayes.
RESOLUTION NO. 2019-104
5.2 Discuss and consider approving a resolution authorizing the City Manager to
execute a contract with Homeland Building Concepts and issue a Purchase Order
in the amount of $254,000.00 for the Police Station Generator Replacement,
Electrical Panel Upgrade and Dispatch Remodel.
Facilities Maintenance Manager, Terry Gilman, presented the proposed
resolution to Council.
City Manager, Troy Powell, acknowledged Mr. Gilman's retirement to Council.
Mr. Powell along with City Council thanked Mr. Gilman for his seventeen years
of service and the tremendous work he has done in the City of The Colony.
Motion to approve- Schrag; second by Marks, motion carried with all ayes.
RESOLUTION NO. 2019-105
5.3 Discuss and consider approving a resolution authorizing the City Manager to
execute a Construction Services Contract in the amount of $144,811.00 with Iron
T Construction, Inc. for the Eastvale Storm Drain Improvements Project.
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City Council – Regular Meeting Agenda
December 17, 2019
Page| 4
Director of Engineering, Ron Hartline, presented the proposed resolution to
Council.
Council provided discussion on this item.
Motion to approve- Marks; second Mikulec, motion carried with all ayes.
RESOLUTION NO. 2019-106
5.4 Discuss and consider approving a resolution amending Resolution No. 2014-094
to update meeting procedures recently approved on House Bill 2540(2019) by the
Texas Legislature.
City Attorney, Jeff Moore, presented the proposed resolution to Council. Mr.
Moore addressed changes from the Texas Legislature on approved House Bill
2840. The document outlines various amendments addressing public comment
during City Council meetings.
Council provided discussion on this item.
Motion to approve- Wade; second by Mikulec, motion carried with all ayes.
RESOLUTION NO. 2019-107
5.5 Discuss and consider making appointments to Council committees and appoint
liaisons to the various Council appointed boards.
Mayor McCourry made the following appointments to the following committees:
- Animal Control Advisory Board: Councilman David Terre to continue
- Board of Adjustment: Councilman Kirk Mikulec
- Community Development Corporation: Councilman Perry Schrag to continue
- Economic Development Corporation: Councilman Richard Boyer to continue
- Keep The Colony Beautiful Board: Councilman Joel Marks to continue
- Library Board: Councilman Kirk Mikulec
- Planning and Zoning Commission: Councilman Brian Wade to continue
- Technologies Board: Mayor McCourry and Councilman Brian Wade
6.0 EXECUTIVE SESSION
6.1 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 pending or contemplated litigation - Appeal of Brazos Electric Power
Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.
Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
7.0 EXECUTIVE SESSION ACTION
7.1 Any action as a result of executive session regarding pending or contemplated
litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No.
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City Council – Regular Meeting Agenda
December 17, 2019
Page| 5
45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc.
matter, Cause No. 16-06424-16.
ADJOURNMENT
With there being no further business to discuss the meeting was adjourned at 7:24 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Consider approving an ordinance amending Chapter 13 of the Code of Ordinances by Repealing in its entirety
Section 13-6 entitled "Police and Fire Radios". (Powell)
Suggested Action:
Attachments:
Ord 2020-xxxx Police and Fire Radio - Repealer.docx
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CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING CHAPTER 13 OF THE CODE OF
ORDINANCES BY REPEALING IN ITS ENTIRETY SECTION 13-6
ENTITLED “POLICE AND FIRE RADIOS”; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 13-6 of the Code of Ordinances of the City of The Colony, Texas, states
in part that “[i]t shall be unlawful for any person to install, use, operate or permit to remain in any
vehicle, including any taxicab, wrecker or ambulance, or for any person to wear or carry about his
person or use or operate in a public place any radio tuned to the shortwave radio frequency of the
police or fire department, without first having obtained a permit for the possession or operation of the
same from the chief of police or fire chief, respectively”; and
WHEREAS,the City Council of the City of The Colony, Texas, finds and determines that
Section 13-6 of the Code of Ordinances of the City of The Colony, Texas, should be repealed in its
entirety.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, is hereby
amended by amending Chapter 13, by repealing in its entirety Section 13-6 entitled “Police and
Fire Radios.”
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 4. This Ordinance shall become effective immediately upon its passage.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 7TH day of JANUARY, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Pam Nelson
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Landlord's Consent and Agreement
for refinancing of Blue Sky Sport Center. (Nelson)
Suggested Action:
Peter Brody, owner of Blue Sky Sport Center, is in the process of refinancing the mortgage on Blue Sky to
consolidate some of his loans, and has requested approval of the Consent for the bank. The bank requires the
Landlord's Consent to allow the bank to have the opportunity to cure any defaults before any potential
termination of the lease. This agreement provides those assurances from the City, and is similar to Consents
previously approved for this purpose.
Attachments:
Consent to Leasehold Lien (The Colony) - Hillcrest Bank- EXECUTION COPY.pdf
Res 2020-xxx Blue Sky Sports Center, LP.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE COLONY,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
‘LANDLORD’S CONSENT AND AGREEMENT’ WITH
HILLCREST BANK AND BLUE SKY SPORTS CENTER, L.P.
REGARDING THE GROUND LEASE FOR BLUE SKY SPORTS
CENTER; ATTACHING THE APPROVED FORM OF
CONTRACT AS EXHIBIT A; AND PROVIDING AN EFFECTIVE
DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas, hereby approves
the Landlord’s Consent and Agreement allowing Blue Sky Sports Center, L.P. to
refinance its loan on said facility.
Section 2.That the city manager is authorized to enter into this agreement.
Section 3.That a true and correct copy of the Landlord’s Consent and Agreement is
attached hereto and incorporated herein as Exhibit “A”.
Section 4.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 7th day of January, 2020.
___________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
_____________________________
Tina Stewart, TRMC, City Secretary
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APPROVED AS TO FORM:
________________________________
Jeff Moore, City Attorney
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving the Mayor sign the Governors mandated “State of Texas Department of Emergency
Management 147 notification form”, that City of The Colony will continue to operate under the Denton County
Emergency Management system, and that the security advisor will continue to serve as the Mayors designated
Emergency Management Coordinator for calendar year 2020. (Beene)
Suggested Action:
Attachments:
Emergency Management Plan Notification.pdf
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Isaac Williams
Submitting Department: Development Services
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit
(SUP) to allow a tattoo parlor known as “Cowboy’s Tattoo,” and consider relief from Section 10-1370 that
prohibits any tattoo parlor being located within 1,000 feet of a public, denominational and/or charter school. The
subject site is located at 4181 Main Street, Suite 800 containing a total area of 1,350 SF, within Planned
Development – 14 (PD-14) Zoning District and the Gateway Overlay District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
SUP19-0009 CC Staff Report.doc
SUP19-0009.pdf
SUP19-0009 Cowboys Tattoo distance staff verified under500 LF.pdf
Cowboys Tattoo distance staff verified to school building 1742.pdf
Floor Plan.pdf
Site Plan.pdf
Operational Form.pdf
Ord 2020-xxxx Cowboys Tattoo SUP.doc
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CITY COUNCIL REPORT
AGENDA DATE:January 7, 2020
DEPARTMENT:Development Services Department
SUBJECT SUP19-0009 – Cowboy’s Tattoo SUP (Tattoo Establishment)
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific
Use Permit (SUP) to allow a tattoo parlor known as “Cowboy’s Tattoo,” and consider relief from
Section 10-1370 that prohibits any tattoo parlor being located within 1,000 feet of a public,
denominational and/or charter school. The subject site is located at 4181 Main Street, Suite 800
containing a total area of 1,350 SF, within Planned Development – 14 (PD-14) Zoning District
and Gateway Overlay District.
OWNER/ENGINEER
Owner:Munir Bata Plano, Texas
Applicant:Rusty Robinson McKinney, Texas
EXISTING CONDITION OF PROPERTY
The property is currently developed as the Colony Crossing [shopping center] located at 4181
Main Street, Suite 800.
ADJACENT ZONING AND LAND USE
North- Planned Development -7 (PD-7) Zoning District, Single Family Residential
South- Planned Development -14 (PD-14) Zoning District, Thai Kitchen
East- General Retail (GR) Zoning District, DATCH Credit Union
West- Planned Development -7 (PD-7) Zoning District, Single Family Residential
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
December 10, 2019 -The Planning and Zoning Commission voted (5-1) to recommend approval
of the Specific Use Permit with the condition that the proposed use be permitted a distance within
1,000 feet of a public, denominational and/or charter school.
PROPOSED DEVELOPMENT
The applicant requests a Specific Use Permit (SUP) approval to allow the use of a tattoo parlor
with four staff stations. The applicant intends to operate “Cowboy’s Tattoo” Sunday to Thursday
from 2 p.m. until 10 p.m. and Friday to Saturday from 2 p.m. until 1 a.m., within an existing suite.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of ten (10) days prior to the
Planning and Zoning Commission In addition, Zoning Ordinance also requires notification of
property owners located within 200 feet of the subject property a minimum of ten (10) days prior
to the public hearing. Eleven notices were mailed to surrounding property owners; only one (1)
phone call in opposition of the request from Marry Sebastian was received as of the printing of
this packet.
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DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) recommends approval of a Specific Use Permit
(SUP) to allow a tattoo parlor known as “Cowboy’s Tattoo,” located at 4181 Main Street, Suite
800 containing a total area of 1,350 SF, within Planned Development – 14 (PD-14) Zoning
District and Gateway Overlay District with the condition that the proposed use be permitted a
distance within 1,000 feet of a public, denominational and/or charter school.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Site Plan
4. Public School Distance Map
5. Floor Plan
6. Signage Plan
7. Operating Forms
ATTACHMENT 1
Staff Analysis
Land Use Analysis
The applicant requests approval of a Specific Use Permit (SUP) to allow a tattoo parlor, located at
4181 Main Street Suite 800. The 1,305 square foot existing suite, will have four (4) artist booths,
available by appointment or walk-in.
The site is located within Planned Development 14 (PD-14) Zoning District with an underlying
General Retail (GR) District. Tattoo parlor establishments require Specific Use Permit approval
in the GR Zoning District. A Specific Use Permit is tied to the site in location and the Specific
Use Permit for the tattoo parlor will only be associated with the specific suite in the application.
Expansion, vacating or a cease in operations may prompt the City Council to rehear or repeal an
approved Specific Use Permit.
The City Council may approve an SUP for a tattoo parlor meeting the following location criteria:
•No tattoo parlor may be located within 1,000 feet of another tattoo parlor. For purposes
of this subsection, the 1,000-foot spacing requirement shall be measured from the leased
or owned occupied space of the tattoo parlor to the nearest leased or owned occupied
space of any other tattoo parlor 10-1370 (1) (b).
•No tattoo parlor may be located within 1,000 feet of a public, denominational and/or
charter school. For purposes of this subsection, the 1,000-foot spacing requirement shall
be measured from the leased or owned occupied space of the tattoo parlor to the nearest
school lot line 10-1370 (1) (a).
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City records reflect no other tattoo establishments within 1,000 feet of the proposed location.
Two other tattoo establishments are operating in the City: “Allegiance Tattoo” at 4716 E Lake
Highlands Dr., and “La Gallery TCTX” at 4819 Highway 121 Suite, Office I & J. “La Gallery
TCTX” the closest Tattoo Parlor, is approximately .52 miles (2,750 feet) from the subject site. A
third location, “Got Browz by Denise” a beauty parlor, includes permanent makeup and tattoos as
a secondary use. “Got Browz by Denise” is located at 5701 State Highway 121 Suite 127.
The proposed “Cowboy’s Tattoo,” location is approximately 500 linear feet from the LISD Bus
Maintenance Facility, approximately 1,138 linear feet from the football stadium and
approximately 1,742 feet from the high school. As proposed, the establishment is within 1,000
feet of a lot owned and operated by the school district, however the distance from the principal
school building is nearly double the minimum requirement.
Specific Use Permit (SUP) Criteria
In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning
Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a
Specific Use Permit application using the following criteria:
1.Conformance with the City of The Colony’s Comprehensive Plan;
The Future Land Use Map identifies this area as “Commercial / Office Development”
which includes commercial, multi-family residential and support services. The proposed
land use is in conformance with The Colony Comprehensive Plan.
2.Conformance with applicable regulations and standards established by the zoning
regulations;
With the approval of the SUP, the application will be in conformance with the Zoning
Ordinance.
The proposed use is in conformance with the applicable regulations and standards except
Section 10-1370 of the Zoning Ordinance, No tattoo parlor may be located within 1,000
feet of a public, denominational and/or charter school. For purposes of this subsection,
the 1,000-foot spacing requirement shall be measured from the leased or owned
occupied space of the tattoo parlor to the nearest school lot line. The proposed use is
approximately 500 linear feet from LISD Bus Maintenance Facility. Therefore approval of
the SUP must include a condition to reduce the distance requirement.
3.Compatibility with existing or permitted uses on abutting sites, in terms of building
height, build and scale, setbacks on open spaces, landscaping and site development,
access and circulation features, architectural compatibility;
No changes to site development are proposed beyond the change of signage and use.
4.Safety and convenience of vehicular and pedestrian circulation in the vicinity,
including traffic reasonably expected to be generated by the proposed use and other
uses reasonable and anticipated in the area, existing zoning and land uses in the area;
The site layout for the subject site has been reviewed and has been previously approved by
the City which meets traffic circulation and associated requirements.
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5.Protection of persons and property from erosion, flood, or water damage, fire, noise,
glare, air quality, generation of dust and odors, and similar hazards and impacts;
The subject site is constructed in accordance with applicable adopted regulations at the
time of construction.
6.Location, lighting and type of signs; the relation of signs to traffic control and
adverse effect of signs on adjacent properties;
All lighting and signs are in compliance with the adopted Sign Ordinance and Gateway
Overlay District Standards. The Colony Crossing Shopping Center has LED wall packs
and sconces that sufficiently light the property during the proposed operating hours. A
new wall sign will require building permits and compliance.
7.Adequacy and convenience of off-street parking and loading facilities;
The subject site meets the Zoning Ordinance requirements for off-street parking. The
underlying General Retail (GR) zoning ascribes parking requirements by building square
footage not by use, therefore no change in parking is proposed.
8.Determination that the proposed use and site development, together with any
modifications applicable thereto, will be compatible with existing or permitted uses in
the vicinity;
The existing shopping center, circa 2008, is located immediately adjacent to homes within
the Ridgepoint residential development and along FM 423. Uses within Planned
Development 14 (PD-14) zoning district will generally contain retail use types consistent
with those found in General Retail (GR) Districts and zoning along major thoroughfares.
Although a tattoo parlor is consistent with development types at this location, operations
should be sensitive to the proximity to the residential development.
A review of the surrounding development found a mix of retail and services. Surrounding
uses include restaurants, food retail, financial services, and personal services. The
proposed “Tattoo” use is generally compatible with the approved uses on abutting retail
and services suites.
9.Determination that any conditions applicable to approval are the minimum necessary
to minimize potentially unfavorable impacts on nearby uses in the same district and
surrounding area
No special conditions are being recommended by staff. The proposed use as requested is
not anticipated to create any unfavorable impacts on nearby uses in the same district and
surrounding area. The applicant's request indicates operating policies that will be sensitive
to the adjacent residential development and are intended to minimize incidental noises and
conflicts.
The applicant offers that, all business activity is self-contained inside the studio, the studio
will not play loud music nor allow loud music in cars. The applicant will install a video
surveillance system to reinforce security and control. The site provides nighttime lighting
addressing DRC comments from Police.
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10.Determination that the proposed use, together with the conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare of materially injurious
to properties or improvements in the vicinity.
The proposed use is not anticipated to be detrimental to the public health, safety, or
welfare in the general vicinity.
The applicant has operated “Cowboy’s Custom Tattoo” in McKinney since 2006. A review
of public records indicates no Health or Human Services violations or fire violations. The
applicant also affirms no police actions at the location.
Exterior Building Material
No exterior improvements are planned for the subject site.
Infrastructure Improvements
No specific public infrastructure improvements are planned for this area.
Hours of Operation
The applicant intends to operate “Cowboys Tattoo” Sunday to Thursday from 2 p.m. until 10 p.m.
and, Friday to Saturday from 2 p.m. until 1 a.m. The zoning ordinance does not limit hours of
operation. Other existing tattoo establishments in the City close by 9 p.m., but the applicant’s
proposed hours are common in surrounding cities.
Development Review Committee Review
The Development Review Committee (DRC) recommends approval of a Specific Use Permit
(SUP) to allow a tattoo parlor known as “Cowboy’s Tattoo,” located at 4181 Main Street, Suite
800 containing a total area of 1,350 SF, within Planned Development – 14 (PD-14) Zoning
District and Gateway Overlay District with the condition that the proposed use be permitted a
distance within 1,000 feet of a public, denominational and/or charter school.
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Pal io'sPizza
Zen SpaII
Golds RUs
Deli ght Th aiKitchen
Chibo mart A fri canMarket
45324528
4536
700
200
500
800
100
600
Main StMain StMain StMain StMain StMain St600
100
800
500
200
700
4525
4536
4524 4528 4532
Pal io'sPizza
Deli ght Th aiKitchen
Golds RUs
Chibo martAfricanMarket
Zen SpaII
This map was generated by G IS data provided by The C olony GIS Department. The City of The Colony does not guarantee the correctness oraccuracy of any f eatures on t his map. T hes e digital products ar e for llus tration purposes only and are not s uitable for site-s pecific dec is ion making. /Pro je ct N o . SUP 19 -00 0 9 - Pro je c t Name: Cowboys Tattoo
Subj ec t Are a
Sub ject Area
Agr icultural
Busi ness Par k
Busi ness Par k/Industr ial
Duplex Dw elling
General R etai l
Heavy Com mer cial
Industri al
Li ght Com m er cial
Mobile H om e
Neighbor hood Ser vic e
Offic e D istr ict 1
Pl anned Development
Shopping C enter
Si ngl e F am il y Dw elling
Tow nhom e
54
Tattoo Distance (Staff verified)
CityLimits
GIS.GIS.Roads
Toll
Major
Collector
Local Road
GIS.GIS.AERIALS_2017
Red: Band_1
Green: Band_2
Blue: Band_3
Parcels
Addresses
Parks
Golf
Putting Green
Sand Bunker
Fairway
Water Hazard
11/12/2019, 1:22:33 PM 0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:1,000
The Colony
55
Cowboy's Distance Map to School 1,742
CityLimits
GIS.GIS.Roads
Toll
Major
Collector
Local Road
GIS.GIS.AERIALS_2017
Red: Band_1
Green: Band_2
Blue: Band_3
Parcels
Addresses
Parks
Golf
Putting Green
Sand Bunker
Fairway
Water Hazard
12/5/2019, 10:22:37 AM
0 0.04 0.090.02 mi
0 0.07 0.150.04 km
1:2,000
The Colony
56
57
58
59
60
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1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020-_____
SPECIFIC USE PERMIT (SUP) – COWBOY’S TATTOO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A FOR TATTOO PARLOR
KNOWN AS “COWBOY’S TATTOO,” LOCATED AT 4181 MAIN STREET, SUITE 800,
CONTAINING A TOTAL AREA OF APPROIMATELY 1,350 SQUARE FEET WITHIN
THE PLANNED DEVELOPMENT 14 (PD-14) ZONING DISTRICT AND GATEWAY
OVERLAY DISTRICT; WITH THE CONDITION THAT THE PROPOSED USE BE
PERMITTED A DISTANCE WITHIN 1,000 FEET OF A PUBLIC, DENOMINATIONAL
AND/OR CHARTER SCHOOL; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given any requisite notices by publication and otherwise,
and have held due public hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and is of the option and finds that Specific Use Permit No.
SUP19-0009 to permit a tattoo parlor known as “Cowboy’s Tattoo,” located at 4181 Main Street,
Suite 800, containing a total area of approximately 1,350 square feet, within Planned Development
– 14 (PD-14) Zoning District and Gateway Overlay District with the condition that the proposed
use be permitted a distance within 1,000 feet of a public, denominational and/or charter school,
should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Specific Use Permit for a tattoo parlor known as “Cowboy’s Tattoo,” located at 4181
Main Street, Suite 800, containing a total area of approximately 1,350 square feet, within Planned
Development – 14 (PD-14) Zoning District and Gateway Overlay District with the condition that
the proposed use be permitted a distance within 1,000 feet of a public, denominational and/or
charter school.
SECTION 3.That it is hereby declared to be the intention of the City Council of the
City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of January, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
63
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider a resolution appointing a representative and alternate to the Denton County
Transportation Authority Board of Directors. (Council)
Suggested Action:
Attachments:
Res 2020-xxx DCTA Appointment.doc
64
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _______
A RESOLUTION APPOINTING REPRESENTATIVES TO
THE DENTON COUNTY TRANSPORTATION AUTHORITY
WHEREAS,House Bill 3323, which became effective September 1, 2001, enables a County
to create a coordinated county transportation authority to provide public transportation and
transportation-related services; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1.That the current representative to the Denton County Transportation Authority
Board is Allen Harris, who recently resigned on December 17, 2019.
SECTION 2.That the City Council of the City of The Colony hereby appoints a
representative ____________________ and ______________________as alternate representative to
the Executive Committee for the Denton County Transportation Authority.
SECTION 3.That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 7th day of January, 2020.
_________________________________
Joe McCourry, Mayor
ATTEST:
_____________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
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 pending or contemplated litigation -
Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.
Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas
Government Code regarding commercial or financial information the city has received from a business
prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s).
C. 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 pending or contemplated litigation –
Pamela Rogers, et. al. v. City of The Colony, Texas, et. al., Cause No. 4:19-cv-00919, United States District
Court, Eastern District of Texas, Sherman Division.
Suggested Action:
Attachments:
66
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: January 7, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos
Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric
Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Any action as a result of executive session regarding commercial or financial information the city has
received from a business prospect(s).
C. Any action as a result of executive session regarding pending or contemplated litigation – Pamela Rogers,
et. al. v. City of The Colony, Texas, et. al., Cause No. 4:19-cv-00919, United States District Court, Eastern
District of Texas, Sherman Division.
Suggested Action:
Attachments:
67