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HomeMy WebLinkAbout08/21/2012 City Council August 21, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON AUGUST 21, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 21st day of August 2012, 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 Jeff Connelly Councilmember Absent David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Tem Present And with seven council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation- Trinity Presbyterian Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation-Fall Prevention Month- Presented to Charlene Bishop of Home Health Care and Senior Center Coordinator Diana Holland. City of The Colony 35th Anniversary History Video- Communications Director Diane Baxter introduced the city's Local History Committee (Joan Lux, Alice Ruffe, and Technical Services Librarian Megan Charters). Megan and Diane produced a city history video, due to 2012 being the city's 35"' anniversary, and introduced it at this time. Citizen Input- Kristina Howell spoke in opposition of the city fogging for mosquitos, and opposing "smart meters", citing health and privacy concerns. Announcement of upcoming civic events and activities I-Parks & Recreation update. In addition to the routine announcements Pam Nelson reviewed the plans for the Kids Colony 2 playground. CDC Board member Lisa Leary announced the corporate and private sponsorships being made available to help fund the playground. Mayor McCourry stated that Councilmember Connelly was out on business. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held August 7, 2012 (City Secretary) These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 August 21, 2012 2.3 Consider approving an ordinance amending the Code of Ordinances, Section 10B, Accessory Structures, of the Zoning Ordinance to allow rear yard underground storm shelters (Development Services, Joyce) 2.4 Consider approving a budget amendment ordinance for Fiscal Year 2011- 2012 authorizing an increase in the Parks and Recreation budget for mosquito management (PARD) 2.5 Consider a resolution awarding a bid and authorizing the city manager to execute a construction contract for the construction of Pruitt Drive water main replacement. (Engineering, Scruggs) Motion to approve above consent agenda items- Schrag; second by Mikulec; motion passed with all ayes. Councilmember Marks requested 2.2 be discussed separately. 2.2 Consider approving an ordinance amending the Code of Ordinances, Chapter 19, Section 19-11, entitled "Same--in School Traffic Zones", by establishing school zone speed limits when a posted sign indicating the speed limit is equipped with a flashing amber light or another traffic control device (Shallenburger) Councilmember Marks requested clarification about when citations can be issued in school zones. It was stated that school must be in session, it must be during the posted times and the school zone lights must be flashing for someone to receive a citation for speeding in a school zone. Motion to approve- Marks; second by Schrag; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Continue a public hearing, a public hearing, discuss and consider approval of a request for an amendment to Planned Development 16 (PD-16) by creating a new 45.27 acre Tract "F" from a portion of the undeveloped 60.116-acre Tract "B." "Tract F," is proposed to be located at the north of S.H. 121, west of South Colony Boulevard, and south of Memorial Road. (Development Services, Joyce) Development Services Director Mike Joyce reviewed the request to amend PD 16. He stated that the Development Review Committee had issues with the pylon signs as requested by the applicant for South Colony Boulevard, and with the pylon sign height for S.H. 121. The Planning and Zoning Commission approved the amendment with two stipulations regarding the signs. The Mayor continued the public hearing beginning at 7:50 p.m. [from July 17, 2012]. Developer Michael Sealy had a presentation prepared and explained that due to the property having a natural drainage barrier dissecting it, they plan to have retail on the south section fronting S.H. 121 and on the north portion multi-family. There will be 300-325 units. He added they will donate S2.5M in right-of-way. John Daugherty spoke against the multi-family. Paul Stevenson spoke against it, unless there are plans in place to widen Memorial Drive to the north. Mayor McCourry advised him 6 lanes are already being planned. Michelle Dodds and Lisa Leary spoke in favor of the project. David Mundon asked about the sign considerations and was told that since this is a Planned Development then different regulations 2 August 21, 2012 can be applied. Councilmember Boyer confirmed there are no existing retail contracts in place at this time. Michael Sealy responded that due to the bridge height and ingress/egress not being known until very recently it has impacted commitments at this point. Teron Lawrence asked for timeframe of the project and how it will impact traffic. Mr. Sealy further explained that the section of land is too deep for retail to be interested in the back (north) portion where they've planned multi-family. In addition he said it would be approximately 2 years before project completion. The public hearing closed at 8:15 p.m. Mayor McCour7y said that he has a concern with the fact that not all the multi- family buildings would be 85% masonry, only the perimeter buildings. He suggested the height of the signage on S.H. 121 be allowed as requested, but that no such signs be placed on the South Colony side. Councilmember Schrag requested an executive session to consult with the city attorney at 8:45 p.m. Open session reconvened at 9:05 p.m. Councilmember Mikulec stated he will not vote in favor of the item as presented. Motion to approve the zoning ordinance subject to the following revisions: 85% masonry for all structures consisting of brick, tile, cement, stone, or similar materials; limiting the height of pylon signs to 60 feet with 1,000 square feet of signage; limiting the location of pylon signs to S.H. 121- Marks; second by Terre; motion failed with the following tie i,ote: Aye- McCourr;y, Terre, Marks No- Mikulec, Boyer, Schrag 3.2 Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit in a General Retail zoning district to allow outside display of vehicles and merchandise on a tract of land totaling approximately 0.88 acres, generally located on the east side of Main Street (FM 423). The property is located at 7228, 7300 and 7320 Main Street. (Development Services, Joyce) Motion to refer item. 3.2 to P&Z for reconsideration at the September 25'1' meeting and to council on October 2"`r- Schrag; second by Mikulec; motion passed with all ayes. [Items 3.3 and 3.4 were discussed in reverse order.] 3.4 Conduct a public hearing, discuss and consider an ordinance authorizing a special exception to the Architectural Standards of the Zoning Ordinance for the use of stucco/EIFS as alternate exterior materials for the Ice House, a free-standing, unmanned ice dispensing structure, located at 5000 Main Street (F.M. 423) within the Gateway Overlay District (Development Services, Joyce) Mike Joyce explained to the council that they had previously approved both items for the Ice House in June however, the correct legal notice was not given so the city council is required to revote. Mike showed photos of the building as it exists and discussed the surrounding parking spaces. No new information was 3 August 21, 2012 submitted for these items. The public hearing was opened and closed at 9:15 p.m. with no one wishing to speak. Motion to approve- Terre; second by Mikulec; motion passed with all ayes except for Marks who was absent from the dais during the vote. 3.3 Conduct a public hearing, discuss and consider an ordinance approving a site plan for a new automatic ice dispenser building located at 5000 Main Street (F.M. 423) The public hearing was opened and closed at 9:17 p.m. with no one wishing to speak. Motion to approve- Schrag; second by Marks; motion passed with all ayes. 3.5 Conduct a public hearing and discuss the proposed City of The Colony Municipal Budget for fiscal year 2012-2013 and set the date of September 18, 2012 to adopt the municipal budget (Finance) Tim Miller provided a summary sheet of the rankings the individual council members provided regarding the capital items under consideration based on available funds and briefly reviewed those items. Discussion regarding a computer server that did not make the "cut" followed and it was explained that while not an emergency now, that should the server go down during the year funds will be reallocated to replace it. The current server is no longer being serviced by the manufacturer. Councilmember Terre requested that the part-time to full-time position at the Senior Center be reconsidered. There was also brief discussion on Variable Frequency Drives that had been requested for the wastewater treatment plant that also did not make the cut. The public hearing on the budget was opened and closed at 9:35 p.m. with no one wishing to speak. Motion to set the date of September Iffh for adoption of the budget- Terre; second by Schrag; motion passed with all ayes. Executive Session was convened at 9:39 p.m. 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 seek legal advice from the city attorney regarding a Marine Quest contract amendment. Reconvened to Open Session at 10:14 p.m. 4.2 A. Any action as a result of executive session regarding a Marine Quest contract amendment. No action. 4 August 21, 2012 And with no further business to discuss the meeting was adjourned at 10:15 p.m. APPROVED: J e McCourt , Mayor ity of The Colony ATTEST: l Christie Wilson, TRMC City Secretary 5