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Home My WebLink About07/07/2015 City Council ATHE UOLONY City by the take MINUTES OF COUNCIL REGULAR SESSION HELD ON JULY 7, 2015 The Regular Session of the City Council of the City of The Colony, Texas,was called to order at 6:32 p.m. on the 7th day of July, 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-Tern 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: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1. ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1.1. Call to Order 1.2. Invocation- David Terre 1.3. Pledge of Allegiance to the United States Flag 1.4. Salute to the Texas Flag 1.5. Proclamation declaring July as Parks and Recreation Month—Mayor McCourry presented the proclamation to Parks Director Pam Nelson. 1.6. Items of Community Interest-No announcements. WORK SESSION 2.0. WORK SESSION 2.1 Discuss the city's current truck parking ordinance and provide direction to staff (Community Image, Perez) Joe Perez advised the council that a resident had contacted the city regarding its current regulations regarding overnight parking in shopping center parking lots. The resident's truck had been towed while she was shopping. She also requested there be a location in 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. City Council - Regular Meeting Agenda Meeting Date 7/7/2015 Page 2 the city for truck drivers to use. The city's current ordinance prohibits this type of parking in commercial zoning. The shopping center property owners can post signs on the lots regarding truck parking and have those vehicles towed. During the discussion Councilmember Marks said that there is a private parking area in Oak Point. It was decided not to consider making changes to the city's current ordinances on the matter. 2.2 Council to provide direction to staff regarding future agenda items (Council) Councilmember Schrag asked for a future discussion to possibly increase the limit for "feather" sign usage during road construction to increase visibility for businesses. He also asked whether utility lines laid on the surface of the ground temporarily have a time limit before they must be buried. Councilmember Marks brought up safety concerns about the current methods being used by the construction company for lane changes for the F.M. 423 widening. City Manager Powell told the council that the following Thursday he and other staff members are traveling to Austin to discuss the project with TxDOT officials. CITIZEN INPUT 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. Rich Lox and Jessica Walker spoke requesting city ordinances be changed to require special filtering systems in businesses that allow smoking. CONSENT AGENDA 4.0. CONSENT AGENDA 4.1. Consider approving city council meeting minutes for June 16, 2015 [Schrag, Terre absent/business] (Wilson) 4.2. Consider approving council expenditures for the month of May 2015 (Council) 4.3. Consider approving a budget amendment ordinance for FY 2014-15 in the amount of$20,000 for the purchase of Police body cameras (Police, Coulon) 4.4. Consider approving a resolution setting March 5, 2015 as the commencement date of the Tax Increment Reinvestment Zone Number One(City Attorney,Moore) Motion to approve-Marks;second by Wade;motion passed with all ayes. REGULAR AGENDA ITEMS 5.0. REGULAR AGENDA ITEMS City Council - Regular Meeting Agenda Meeting Date 7/7/2015 Page 3 Mayor McCourry moved item 5.7 up on the agenda in order to address it first. 5.7. Discuss and consider cancelling or rescheduling the August 4, 2015 city council meeting due to National Night Out(Council) Motion to move the first August city council meeting to Monday, August 3, 2015- Terre;second by Wade;motion passed with all ayes. Mayor McCourry read items 5.1 and 5.2 together. 5.1. Continue a public hearing, discuss and consider an ordinance approving a request for a Specific Use Permit (SUP) to allow an electrical substation facility known as the Josey Electrical Substation on 10.445-acres of land located near the northwest corner of Plano Parkway and Windhaven Parkway, approximately 100 feet North of Windhaven Parkway in Planned Development 10 (PD-10) zoning district (Development Services,Joyce) 5.2. Continue a public hearing, discuss and consider an ordinance approving a request for Specific Use Permit (SUP) to allow a monopole antenna to be located at the Josey Electrical Substation facility on 10.445-acres of land located near the northwest corner of Plano Parkway and Windhaven Parkway, approximately 100 feet North of Windhaven Parkway in Planned Development 10 (PD-10) zoning district (Development Services,Joyce) [The public hearings for items 5.1 and 5.2 were opened on June 16, 2015 and continued until July 7, 2015.] City Attorney Jeff spoke saying the parties involved will be in discussion in the coming days to work out a solution to the location for this facility. They have requested the public hearing be continued to a subsequent council meeting. Motion to continue the public hearings (items 5.1 and 5.2) until August 3, 2015- Marks;second by Boyer; motion passed with all ayes. 5.3. Discuss and consider a request from Marine Quest to waive the balance of their lease payment due to damage sustained from flooding and storms at Hidden Cove Park(PARD,Nelson) Parks Director Pam Nelson explained the payment schedule for the Hidden Cove Park lease. Due to recent flooding and damage to the park, Marine Quest is requesting the city waive the balance of the current lease fee. Marcel Bosworth, owner of Marine Quest and lessee of the park, showed some slides of damage and high-water conditions at the park. He said they do plan to re-build and the $60k lease payment would be beneficial towards that. He added that the park does not qualify for FEMA relief benefits except for a couple of residences inside the park. Marine Quest will qualify for a disaster loan with a reduced interest rate. City Council - Regular Meeting Agenda Meeting Date 7/7/2015 Page 4 Motion to approve-Boyer;second by Mikulec; motion passed with all ayes. 5.4. Discuss and provide direction to staff regarding placement and timing of signage on F.M. 423 to be designated as US Army Sergeant Enrique Mondragon Memorial Highway (General Admin, Shallenburger) Brant Shallenburger told the council that The Colony, Frisco and Little Elm will equally pay $1,380 for 2 signs. Little Elm will be submitting the paperwork to have the signs made. The signs won't actually be erected until after the F.M. 423 reconstruction is complete. It was noted that TxDOT rules allow for one sign at each end of this roadway. Brant requested council approval for the funding. Motion to approve as presented- Schrag; second by Mikulec; motion passed with all ayes. 5.5. Discuss and consider a resolution approving a Private Transfer Agreement (Grant by Special Warranty Deed) by and between The Colony Local Development Corporation and LMG Ventures, LLC, conveying an approximately 3.135 acre tract or tracts of land, consisting of Lot 1, Block J of the Grandscape Addition, Phase II, City of The Colony, Denton County, Texas (Maurina) City Attorney Jeff Moore explained that this item was also considered by the Local Development Corporation earlier in the evening. This is a land transfer for Retail Shops. Motion to approve-Marks;second by Boyer; motion passed with all ayes. 5.6. Discuss 'and consider a resolution approving the Declaration of Covenants, Conditions and Restrictions for The Boardwalk at Grandscape by and between The Colony Local Development Corporation and LMG Ventures, LLC, regarding the Land to be developed as the Shopping Center; more specifically Lots 1 and 2, Block D of the Grandscape Addition Phase II, City of The Colony, Denton County, Texas, establishing covenants, conditions, restrictions, and easements as described therein (Maurina) City Attorney Jeff Moore explained that this item will restrict retail uses for twenty-three acres of land around the Boardwalk. Motion to approve-Marks;second by Wade; motion passed with all ayes. EXECUTIVE SESSION 6.0 EXECUTIVE SESSION- 7:35 p.m. 6.1. 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 potential litigation between CoSery and the City of The Colony. City Council- Regular Meeting Agenda Meeting Date 7/7/2015 Page 5 Council reconvened open session at 8:07 p.m. B. Any action as a result of executive session-No Action ADJOURNMENT 7. ADJOURNMENT And with no further business to discuss the meeting was adjourned at 8:09 p.m. APPROVED: J e McCo Mayor City of The olony ATTEST: 411 OF ATy'' Jkr. • r Christie Wilson, TRMC = SEA L Z City Secretary TEXAS 3