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Home My WebLink About04/21/2015 City Council April 21,2015 MINUTES OF COUNCIL REGULAR SESSION HELD ON APRIL 21,2015 The Regular Session of the City Council of the City of The Colony,Texas,was called to order at 6:30 p.m. on the 21ST day of April, 2015, at City Hall, 6800 Main Street, The Colony,Texas,with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilmember Present Richard Boyer Mayor Pro-Tem Present Brian R. Wade Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember 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- The River Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations- Motorcycle Safety Awareness Month, National Foot Health Month,Mayor's Day of Concern for the Hungry Items of Community Interest 1- Parks and Recreation update of activities and events. 2.0 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. 2.1 Receive presentation from Weaver and Tidwell, L.L.P. of the 2013-2014 Comprehensive Annual Financial Report and Internal Control Report (Finance, Cranford) John DeBurro of Weaver and Tidwell provided an introduction of his firm, explained the audit process and gave an overview of the audit results. He noted there were no material weaknesses. 2.2 Discuss public information request quarterly report presented for council review (Council, City Secretary) The council had no questions on this item. 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. 1 April 21,2015 2.3 Discuss issues related to Chapter 18, Section 18-29.1.1(A) Obstruction of Streets, Sidewalks, Parkway Areas or Public Grounds (Perez) Joe Perez stated the city has had some complaints for and against the city's current ordinance prohibiting items being placed in the city right-of-way. He showed the council some photos of large boulders being placed at the end of alley ways to prevent drivers from cutting the corner. Another example was some landscaping that is decorative however poses a potential line of sight issue for drivers. Mr. Perez asked the council whether they would have any interest in allowing such things on the city's right-of-way. City attorney Jeff Moore provided some possible language for an amendment. It was noted that such items being placed in the city right-of-way are the home owner's responsibility. For example, if the city needs to dig an underground water or sewer line the city would not pay for replacement of items the property owner may have placed in that right-of-way. 2.4 Discuss issues related to Sec. 6-261. - Specific sign criteria—Temporary signs (Perez) Joe Perez stated that some non-profit organizations are requesting certain types of signs be allowed in yards for fundraising. Currently that is prohibited except for schools. After a brief discussion Mayor McCourry asked for a draft ordinance to be presented to council the first meeting in June. 2.6 Discuss meeting dates for board member interviews (City Secretary) Following a brief discussion, the council decided to hold the special meetings for interviews on May 4th and May 11tH 2.7 Council to provide direction to staff regarding future agenda items. No items were requested. 3.0 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. 1) Christi Martin spoke concerning what she deemed as inappropriate actions by the city. City Manager Troy Powell said that he received an email about this that evening and will meet with staff on the matter. 2) Lisa Pearce spoke on behalf of the Child Advocacy Center of Denton County. She thanked the council for their previous support. 4.0 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. 4.1 Consider approving minutes of council meeting held April 7, 2015 (City Secretary) 2 April 21,2015 4.2 Consider approving a resolution authorizing a landscape maintenance agreement for city right-of-way areas in the Grandscape development with American Landscape Systems, in the amount of $81,620 with funding provided by an annual assessment of non-city property owners in Public Improvement District No. 1 (General Admin,Maurina) Motion to approve-Marks;second by Wade; motion passed with all ayes. 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider approving an ordinance authorizing a Specific Use Permit to allow for a Service King, an automobile body shop located on Memorial Drive, west of Budget Suites, north of existing Firestone Tire and Auto Repair. The property is zoned Business Park (BP) and is part of Lot 1, Block A, East Oak Wood Village subdivision (Development Services,Joyce) Mike Joyce stated this SUP request is for a new body shop business. He reviewed the location, size of the building, lot size, and landscaping plan. He said the business will have a shared driveway with the adjacent property and will have a six foot brick wall around the perimeter for security. He added that the plans meet the requirements of the Gateway Overlay District. The public hearing was opened at 7:40 p.m. and closed at 7:41 p.m. Motion to approve-Marks;second by Boyer;motion passed with all ayes 5.2 Conduct a public hearing, discuss and consider approving an ordinance authorizing a Specific Use Permit(SUP) to allow a tattoo parlor as a primary use, for Allegiance Tattoos, located at 4716 E. Lake Highlands Drive, Suite 110, and to rescind a specific use permit for a tattoo shop at 4716 E. Lake Highlands Drive, Suite 101; within a Light Commercial (LC) zoning district (Development Services,Joyce) Mike Joyce stated that the ordinance authorizing this SUP also rescinds the permit for the previous tattoo shop that was located in this building. He said this meets all the requirements and the Planning and Zoning Commission approved it with the stipulations that the hours of operation be 9 a.m. to 10 p.m. and that the previous SUP for suite 101 be rescinded. The public hearing opened at 7:45 p.m. The applicant Jason Euler spoke in favor. Public hearing closed at 7:47 p.m. Motion to approve- Terre;second by Mikulec; motion passed with all ayes. 5.3 Discuss and consider approving a resolution authorizing the city manager to execute a development agreement with EPC-ARSW, LLC for the development of The Hudson—Parks at Austin Ranch, Phase 2 (Development Services,Joyce) Mike Joyce stated this agreement is for a new apartment complex located at the Boathouse complex. He provided a location map and added there will be 654 apartments and 45 townhomes in this development. He said the Billingsley Company is requesting a reduction of the building permit fees by 20%, which 3 April 21,2015 equates to $145,000. Henry Billingsley spoke saying they need the reduction in order to stay competitive with surrounding developments. Motion to approve- Mikulec; second by Wade; motion passed all ayes except for Schrag who voted no. 5.4 Discuss and consider approving a resolution accepting a preliminary service and assessment plan for the City of The Colony Public Improvement District No. 1, including a determination of cost, a service plan, an assessment plan, and an assessment roll; ordering a public hearing for Tuesday, May 5, 2015, to consider an ordinance levying special assessments against properties within the City of The Colony Public Improvement District No. 1, that are specially benefited by the public improvements and supplemental services being provided; and authorizing and directing the publication and mailing of notices for said public hearing (City Attorney) City Attorney Jeff Moore stated this item is for the Nebraska Furniture Mart site which includes 433 acres [Grandscape Development]. There is a required public hearing set for May 5, 2015. Required notices will be sent to the property owners which include Atlantic Hotels, TXFM, Inc., LMG Ventures, and the Local Development Corporation. Motion to approve-Schrag;second by Mikulec; motion passed with all ayes. Council convened the Executive Session at 8:15 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Municipal Court Judge. Reconvened to Open Session at 9:35 p.m. 6.2 A. Any action as a result of executive session regarding the Municipal Court Judge. No action. And with no further business to discuss the meeting was adjourned at 9:35 p.m. APPROVED: Air 4/..7 J.- McCou ,, ayor ity of The Colony 11110100 A ES ,,, , i'I "'' Christie Wilson, TRMC SEAL City Secretary -,,rEX As , 4