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HomeMy WebLinkAbout07/03/2012 City Council July 3, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JULY 3, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.m. on the 3rd day of July 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present (arrived 7:20) Kirk Mikulec Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Tem Present 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- In the absence of Mayor McCourty, Mayor Pro-Tenn Marks called the meeting to order. Invocation - Jeff Connelly Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities '-Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Councilmember Terre reminded everyone of the July 4"' activities scheduled for the following day. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held June 19, 2012 (City Secretary) 2.2 Consider approving a resolution authorizing the city manager to execute a two year bank depository contract with JPMorgan Chase Bank (Finance, Cranford) 2.3 Consider approving a resolution authorizing the city manager to execute an Interlocal Cooperation Agreement with Denton County for property tax collection for 2012-2013 fiscal year (Finance, Cranford) 2.4 Consider approving a resolution authorizing the continuance of the Interlocal Agreement with the Government Investment Cooperative (LOGIC) for the Nebraska Furniture Mart Project/Tax Increment Reinvestment Zone Number One (Finance, Cranford) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. r July 3, 2012 Motion to approve- Boyer; second by Schrag; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider approving an ordinance authorizing a specific use permit to allow the sale of alcoholic beverages for off-premise consumption for Spec's Liquors and Fine Foods, located at 4901 Sam Rayburn Tollway (S.H. 121 and Blair Oaks Drive) (Planning, Joyce) Planning Director Mike Joyce reviewed the location of this project, adding that it is located within the Gateway Overlay District. He reviewed the zoning for adjacent properties and added that the store size is approximately 20,000 square feet. Two stipulations for approval are included: a minimum of 20% of the retail sales area will be dedicated to products other than alcoholic beverages, and, as part of the 20% area, a permanent delicatessen counter is to be included. All criteria for this type of specific use permit are, or will be, met. Planning and Zoning Commission recommended approval with a 4-2 vote. The public hearing was opened and closed at 7:16 p.m. with no one wishing to speak. Councilmember Terre stated that he has visited another Spec's store and it was an upgrade to a typical liquor store. Motion to approve including two stipulations as stated- Connelly; second by Boyer; motion passed with all ayes. [Mayor McCoury arrived.] 3.2 Conduct a public hearing, discuss and consider approving an ordinance authorizing a specific use permit to allow the sale of alcoholic beverages for on-premise consumption, and to rescind the previous specific use permit for an animal hospital at this location, for the Rusty Taco Restaurant, located at 4900 Main Street (Planning, Joyce) Mike Joyce reviewed the zoning for this property, and included it is within the Gateway Overlay District. The property has an existing Specific Use Permit for an animal hospital but the business never materialized. Staff is requesting it be rescinded as part of this process. All criteria are met. Planning and Zoning recommended approval. The business has applied for a mixed beverage alcohol sales permit. The public hearing was opened and closed at 7:23 p.m. with no one wishing to speak. Motion to approve- Terre; second by Connelly; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider approving an ordinance authorizing a zoning change and specific use permit allowing a temporary concrete batch plant to be used for the widening of F.M. 423, located on the west side of Main Street, 600 feet north of Hetherington Circle (Planning, Joyce) City Manager Troy Powell stated that this item is being pulled from the agenda at the request of the Texas Department of Transportation. 2 JLily 3, 2012 3.4 Discuss and consider authorizing the city manager to enter into a professional services contract with Carollo Engineering, Inc. to provide a Expansion Plan and Site Utilization Study for Stewart Creek Wastewater Treatment Plant (ACM Maurina) Assistant City Manager Tod Maurina told the council that this study will identify future capacity needs and a plan for achieving the capacity needed for the city's wastewater treatment plant. The intent is to determine what is needed at the existing site for the city's future build out. Included with future improvements will be the application of new technologies as needed for phosphorous removal. Motion to approve- Schrag; second by Mikulee; motion passed with all ayes. Executive Session was convened at 7:45 .m. 44 EXECUTIVE SESSION 4.1 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 contemplated public roadways located in the Tribute subdivision adjacent to a public school site. B. 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 Marine Quest contract amendment. 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 city personnel matters. Reconvened Open Session at 8:45 p.m. 4.2 A. Any action as a result of executive session regarding contemplated public roadways located in the Tribute subdivision adjacent to a public school site. Not addressed. B. Any action as a result of executive session regarding a Marine Quest contract amendment. No action. C. Any action as a result of executive session regarding city personnel matters. No action. And with no further business to discuss the meeting was adjourned at 8:46 p.m. APPROVED: J e MCCourr Mayor City of The olony 3 July 3. 2012 ATTEST: Christie Wilson, TRMC City Secretary ~%zamxct 4