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HomeMy WebLinkAbout05/19/2008 City Council May 19,2008 008635 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 19, 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 19th day of May 2008, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Councilmember Councilmember Mayor Pro-tern Councilmember Present Absent (lCSC) Present Present Present Present Absent (ICSC) And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Judge James DePiazza Pledge of Allegiance to the United States Flag Salute to the Texas Flag Oath of Office for Newlv Elected Officials- Justice of the Peace James DePiazza issued the oath of office to Jeff Connelly for Council Place 3. Joe McCourry stepped down at this time and Councilmember Connelly took his place. Oaths were also issued to Councilmember Kirk Mikulec and Councilmember Perry Schrag who were both re-elected. Proclamation - National Public Works Week Proclamation was presented to Director Steve Eubanks and two of the public works staff. Steve noted this is the 38th year for this recognition. Steve also reviewed the many services provided by the Public Works Department. Citizen Inout- Rita Webster asked council for improved communications between city staff and the citizens, and suggested the city utilize the utility applications to offer the city email subscription list. Mike Lynch asked for the city to provide him a letter stating when the temporary asphalt would be replaced with cement at the rear of his house. Announcement of upcoming civic events and activities 1- Joan Sveinsson reviewed the upcoming Library activities. Councilmember Mikulec expressed his I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. OOSl)jb May 19, 2008 appreciation to Judge DePiazza for sweanng III the newly elected council members. I 2.0 I CONSENT AGENDA 2.1 Approve council meeting minutes for May 5, 2008 (Council) 2.2 Approve council expenditures for April 2008 (Council) 2.3 Consider accepting the resignation of John Harton from the Technologies Board (Council) Motion to approve- Schrag; second by Marshall; motion passed with all ayes (with the exception of the minutes due to an abstention by Councilmember Connelly.) I 3.0 I REGULAR AGENDA ITEMS I 3.1 Conduct a public hearing, discuss and consider approval of an ordinance authorizing a Specific Use Permit to allow an auto parts accessory sales and service use within a Business Park zoning district on property located approximately 900 feet east of Blair oaks and S.H. 121, and north of S.H. 121 (SUP08-0001, Bateman) Donna Bateman said this request is to consider approval of a Specific Use Permit to allow auto parts sales in a business park zoning district. She said the site plan presented is preliminary, adding the location is within a future shopping center area. Donna noted that the city's Comprehensive Plan discourages auto related uses and there are currently two others in the area. The Planning and Zoning Commission resulted in a 3/3 vote. In this case, approval by the council requires a super-majority. The public hearing was opened at 7:25 p.m. Robert Baldwin Planning Consultant for Pavillion Development spoke saying the bays all face the east and will be screened with landscaping. He noted there will be no outside storage and the building is designed to match the main shopping center. Also, the design meets all the gateway and developer standards. National Tire and Battery will have a 25 year lease on the building. Al Blaine with DBSI Development said this is the first phase of development and he is happy with the architecture. Citizen Mike Lynch presented the questions of whether there would be cars worked on in the parking lot, whether NTB would be installing exhaust systems, and how often are the batteries picked up. Wesley Walls, the developer for NTB, responded by saying no work will be done in the parking area, that they do not install exhaust systems and that the state and federal guidelines are followed in regard to battery disposal. The public hearing was closed at 7:34 p.m. At 7:35 p.m. Councilmember Mikulec requested an executive session with the city attorney in order to ask a legal question. Open session reconvened at 7:50 p.m. At this time City Attorney Bob Hager advised the council that he was unaware that two council members would be absent at this meeting. He explained that Roberts Rules of Order state that a tie fails (ref. the P&Z vote) and that 6 of7 affirmative votes of the council are required to override the P&Z. With only five council members present, Bob explained that the public hearing can be re-opened and continued until all members of council are present, or if a motion is made to 2 May 19,2008 00863'{ approve it will fail. Councilmember COll1ielly asked Donna what the reasons were that P&Z members voted against it. She said that it was because the Gateway Overlay and the S.H. 121 Master Plan discourages auto related uses and there are a sufficient number of auto related uses along S.H. 121 already. Councilmember Mikulec voiced his agreement with the three P&Z members who voted against this due to additional auto uses already being present in the area. At 7:57 p.m. Mayor Dillard re-opened the public hearing. Motion to table until the June 16th city council meeting- Marshall; second by Schrag; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider approval of an ordinance authorizing a Specific Use Permit to allow on premise alcohol consumption within a Shopping Center zoning district for a restaurant located at 5000 Main Street (SUP08-004, Bateman) Donna Bateman reviewed the location for Colony Best Buffet, and added they have already received their state license to sell alcohol for on-premise consumption. P&Z recommended approval. The public hearing was opened at 8:00 p.m. Mike Lynch suggested that the city may want to inspect other businesses to be sure their permits are in order. The public hearing closed at 8:01p.m. Motion to approve- Schrag; second by Connelly; motion passed with all ayes. 3.3 Conduct a public hearing and conduct the first reading of an annexation ordinance for approximately 13.283 acres of land located on the west side of Piano Parkway, south of Windhaven Parkway; and the first reading of a disannexation ordinance for approximately 26.301 acres on the east side of Piano Parkway, south of Windhaven Parkway; council to vote on instituting annexation proceedings (A08-0001, Bateman) Donna Bateman advised this is a public hearing and first reading of an ordinance. She reviewed the locations of the property to be annexed and disannexed. The public hearing was opened at 8:03 p.m. Mike Lynch reminded council that the alcohol sales may be different in Carrollton where we would be annexing and that property would keep the existing designation after annexation. Donna added there is a ten foot strip of land that is also in Hebron involved in the annexation. Mr. Lynch also spoke of number of apartments per acre allowed in the original PD. The public hearing was closed at 8:07 p.m. Bob Hager told the council there are two ordinances involved in the process and read the caption of the annexation ordinance. Motion to approve first reading of the annexation ordinance- Marshall; second by Schrag; motion passed with all ayes. 3 008638 May 19,2008 3.4 Conduct a public hearing and conduct the first reading of an annexation ordinance for approximately 259.62 acres west of F.M. 423 at or near Lebanon/Boyd Road, commonly referred to as The Tribute; council to vote on instituting annexation proceedings (A08-0002, Bateman) Donna reviewed the location of the property stated there are two areas of land, one being 90 acres and the other 168 acres, and added that Wynnwood Haven Estates is not included. She advised this is a voluntary annexation as requested by the land owner. The public hearing opened at 8:10 p.m. Mike Lynch commented on the Service Analysis responses from some of the city departments. He suggested that since the city will have a fire station in the area that the police department could share the facility so as to reduce the response time by the police department. He also questioned why the city agreed to pay back the developer a percent of the impact fees for the cost of roads. Public hearing closed at 8: 14 p.m. Bob Hager read the caption of the annexation ordinance. Motion to approve the first reading of the annexation ordinance- Marshall; second by Connelly; motion passed with all ayes. 3.5 Discuss and consider making an appointment to fill a vacancy on the Code Enforcement Advisory Board (Council) Mayor Dillard stated that two people applied for the vacant position and both have previously served on this board. He then nominated Ruby Lawrence. Councilmember Schrag nominated Rita Webster. The Mayor then polled the council with three in favor of Rita and two in favor of Ruby. Motion to appoint Rita Webster- Schrag; second by Connelly; motion passed with all ayes. 3.6 Discuss and consider directing staff to prepare an ordinance amending the Code of Ordinances to repeal Section 10B-700 Standards for recreational play equipment and playhouses accessory to residential uses (McCourry) Mayor Dillard advised this item was requested for the agenda by Joe McCourry before his term on council was over, adding that two other council members were supportive of the request. Councilmember Mikulec spoke in favor of removing playground equipment and Councilmember Schrag stated he didn't see the necessity for a building permit for a swing set. Donna Bateman reminded the council that playground equipment was put in to the ordinance due to there being a tree house in the front yard of a home. She added that playground equipment can be exempted from the permit requirement, and asked for clarification on placement in the side yard. After some discussion Bob Hager clarified that council desires a change in the ordinance that would eliminate the permit requirement for playground equipment. Councilmember Connelly added that the ordinance currently addresses the side yard. An amending ordinance will be prepared and brought back to council. 4 May 19, 2008 008639 Citizen Mike Lynch noted the differences in height for structures, fences and screening as stated in the current ordinance. Council convened the executive session at 8:30 p.m. Bob Hager advised he only needs to speak about item 4.1D. Councilmember Mikulec left the meeting at this time and was not resent for the remainder of the meetin . 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. D. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding a potential claim against Diamond Mowers, Inc. Reconvened to Open Session at 8:32 p.m. 4.2 A. Any action as a result of executive session regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. Not discussed. B. Any action as a result of executive session regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. Not discussed. C. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not discussed. D. Any action as a result of executive session regading a potential claim against Diamond Mowers, Inc. Bob Hager advised the council that they will need a motion authorizing the city manager to execute an agreement with Diamond Mowers to return the mower and accessories and any monies paid to them shall be returned to the city. So moved-Marshall; second by Schrag; motion passed with all ayes. 5 OUS6~O May 19,2008 And with no further business to discuss the meeting was adjourned at 8:34 p.m. ATTEST: CLfd (;J~ Christie Wilson, TRMC, City Secretary APPROVED: 6