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Home My WebLink About10/02/2012 City Council October 2, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON OCTOBER 2, 2012 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 2nd day of October 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilmeniber Present Richard Boyer Councilmernber Present Jeff Connelly Councihnember Present 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 - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Introduce Pat Fallon- House District 106 Representative that includes all of The Colony. Citizen Input- Christi Martin spoke regarding negative public comments directed toward her by the city. Announcement of upcoming civic events and activities I- Library update. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held September 18 [Boyer WS], 2012 (City Secretary) 2.2 Consider approving council expenditures for the month of August 2012 (Council) 2.3 Consider approving a resolution amending the Master Fee Schedule elated to building plan review fees for fiscal year 2012-2013 (General Admin, Miller) 2.5 Consider approving a resolution authorizing the mayor to execute an Interlocal Agreement with Denton County for Library Services (Library, Sveinsson) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. r October 2, 2012 2.6 Consider approving the purchase of computer equipment for Municipal Court with funding available in the Municipal Court Technology Fund (Municipal Court, Shallenburger) 2.7 Consider approving a resolution awarding a bid and authorizing the city manager to execute a Fireworks Agreement with Atlas Enterprises, Inc. (PARD, Nelson) Motion to approve above consent agenda items- Marks; second by Connelly; motion passed with all ayes. Mayor McCourry requested separate discussion. 2.4 Consider approving a resolution designating the Colony Courier-Leader as the city's official newspaper (City Secretary) Mayor McCourry presented a revised Resolution that includes the option of using the Denton Record Chronicle as an alternative for legal advertising due to the fact the Colony Courier-Leader only prints once per week. Councilmember Terre requested the city manager contact the editor to discuss moving the publication day to a different day so that news from Tuesday city council meetings can be published in a timelier manner. Motion to approve as amended- Connelly; second by Schrag; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider an ordinance authorizing a Specific Use Permit (SUP) 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) Development Services Director Mike Joyce reviewed the details of this request (Phase 1), and showed a concept plan and parking layout. He added that if Phase 2 is requested the owner must request site plan approval. Mike further explained the SUP will authorize outdoor storage and display of vehicles. The Planning and Zoning Commission approved the item conditioned on a review of the matter in one year. The public hearing opened at 7:35 p.m. Christi Martin spoke in favor of the request. Fernando Campos stated he is concerned with customer safety due to the building having a tire repair shop at this location as well. Public hearing closed at 7:39 p.m. It was noted that the existing tire repair shop has been allowed to display merchandise outside but items must be moved indoors at the close of business. There was considerable discussion about the outside sales of merchandise being authorized if the SUP is granted. Motion to approve with P&Z stipulation Hof 1 year review] and without "and merchandise"- Schrag; second by Boyer, motion passed with all ayes. 3.2 Conduct a public hearing, discuss, and consider an ordinance amending the Balmerino, Phase 2 portion of Planned Development 18 regarding revisions 2 October 2. 2012 to development standards. The property is located on the east side of Lebanon Road on the Wynnwood Peninsula. (Development Services, Joyce) Mike Joyce stated this is an amendment request that would allow maximum lot coverage from 50% to 55%, and would reduce the rear yard setback from 20 feet to 15 feet. Planning and Zoning recommended approval. The public hearing opened at 8:04 p.m. Kathy Cunningham of Matthews Southwest stated that this section only has 39 lots and includes 2 streets. Public hearing closed at 8:05 p.m. Motion to approve- Marks; second by Connelly, motion passed tivith all ayes. 3.3 Conduct a public hearing, discuss and consider an ordinance abandoning the entirety of Pine Court, located perpendicular to Overlake Drive, approximately 150 feet east of FM 423 (Main Street). (Development Services, Joyce) Mil,-,e Joyce told the council that is item is a continuance of the Joe's Country Store development agreement that was previously approved. The applicant is proposing the abandonment of approximately 50 ft. of right-of-way with an approximately 150 ft. diameter cul-de-sac which includes approximately .34 acres. The owner plans to replat all lots into one tract and build a retail store or shopping center. Mike reviewed the adjacent zoning, and added that the request meets all 6 criteria for abandonment. The public hearing opened and closed at 8:07 p.m. with no one wishing to speak. Motion to approve- Schvag; second by Connelly; motion passed with all ayes. 3.4 Discuss Fire Department equipment status and provide direction to staff (Fire, Thompson) Not discussed. 3.5 Discuss and consider approving a resolution authorizing the city manager to enter into an agreement with Motorola for the purchase of police radio equipment to be used on the PAWM radio system (Police, Plemons) Police Captain Chris Plemons reviewed the history, details, and future considerations of this request. The total expense is 5820,000. This meets the requirements of a federal mandate for police radio communications. It was noted that some contract language in sections 10.5 and 14.1 has been revised by the city attorney. Motion to approve as amended- Schrag; second by Marks; motion passed with all ayes. 3.6 Discuss and consider approving a request from Marine Quest to change configuration and size of boat slips at the Hidden Cove Park Maurina (PARD) Parks Director Pam Nelson introduced Marcel Bosworth was is requesting a change to the development agreement requirements. Marcel then introduced Steve Harnbury of Plains Capital Bank. Marcel stated that of the 350 required 3 October 2, 2012 boat slips, 76 have yet to be constructed. He stated there is more demand for smaller (24-36 ft.) slips. The request includes some reconfiguration to accommodate the boat rental operation currently in place at the marina. Timing to complete the project is the end of January 2013. Motion to approve- Connelly; second by Terre; motion passed with all ayes except for McCouriy who voted no. Executive Session was convened at 8:26 .m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEYAs GOVERNMENT CODE to seek legal advice from the city attorney regarding a Marine Quest lease agreement and development agreement. 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 litigation between KCK Utility Construction, Inc. and the City of The Colony. C. Council shall convene into closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: Municipal Court Judge annual evaluation. Reconvened to Open Session at 9:25 p.m. 4.2 A. Any action as a result of executive session regarding a Marine Quest lease agreement and development agreement. No action. B.. Any action as a result of executive session regarding litigation between KCK Utility Construction, Inc. and the City of The Colony. No action. C. Any action as a result of executive session regarding Municipal Court Judge annual evaluation. No action. And with no further business to discuss the meeting was adjourned at 9:16 p.m. APPROVED: J McCourr ; Mayor ity o f ITThe_.Colony ATTES 3 Christie Wilson, TRMC City Secretary ''4