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HomeMy WebLinkAbout09/15/2015 City Council September 15,2015 MINUTES OF COUNCIL REGULAR SESSION HELD ON SEPTEMBER 15,2015 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 15th day of September, 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 Councilmember Present Brian R. Wade Councilmember Present David Terre Mayor Pro-Tern 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—6:32 p.m. Invocation—David Terre Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations: Recognize September 17-23, 2015 as "Constitution Week"; Law Enforcement Appreciation Mayor McCourry read a proclamation recognizing September 17-23, 2015 as "Constitution Week". Mayor McCourry paid tribute to the City of The Colony's Law Enforcement. The proclamation was accepted by Police Chief David Coulon. Recognize The Colony Home Depot Staff for Participation in the August 8th Keep The Colony Beautiful Volunteer Project Programs Administrator Joe Perez recognized The Colony Home Depot staff for their participation in the August 8, 2015 "Keep The Colony Beautiful Volunteer Project". Mayor McCourry presented a certificate of appreciation to Home Depot. The certificate was accepted by Kelvin Henry. Police Chief David Coulon to Receive Recognition Plaque from The Colony Resident Wayne Proctor Wayne Proctor presented a plaque of appreciation to Police Chief Coulon for his outstanding work in the community. City Manager Troy Powell also commended local law enforcement personnel and City staff for their outstanding work in the community. 1 September 15,2015 Items of Community Interest: Parks and Recreation Department Special Events Coordinator Lindsey Stansell provided current and upcoming programs, events and services improvements to the Council. 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 Discuss possible ordinance regarding cell phone restrictions in construction zones and inform the council of upcoming meeting with Texas of Department of Transportation authorities concerning matters associate with our local roadway construction projects (General Admin, Shallenburger) Brant Shallenburger, Director of Government Relations, briefed council on a possible ordinance regarding cell phone usage in construction zones. Brant provided options to take into consideration as follows: 1.) no cell phone usage in construction zones; and 2.) no texting while driving throughout the city. There was considerable discussion regarding enforcement measures in the event the council adopts an ordinance restricting texting while driving. City attorney Jeff Moore told the council that because the city is Home Rule it can ban texting. He said further that the signage required for such an ordinance would be an issue on Main Street due to the on-going construction. Brant also told the council that due to the number of safety concerns, TxDOT will provide orange signs suggesting a reduction in speed to 10 mph below the speed limit on Main Street during construction. He further said that staff will be traveling to Austin (this week) to meet with TxDOT to further discuss matters related to the construction. Council asked staff to bring back options for possible ordinances. 2.2 Council to provide direction to staff regarding future agenda items. Councilmember Marks requested a discussion regarding traffic lights at Paige and Memorial. Councilmember Wade requested a future agenda item to discuss bricks that have failed at a pedestrian crossing in Austin Ranch at eastbound Windhaven and Saintsbury. 2.3 Discuss and possibly revise the definition of"Masonry" in Appendix A, Zoning Ordinance (Development Services,Joyce) No discussion on this item. 2.4 Discuss use of Feather Signs during construction of F.M. 423 (Schrag) Councilmember Schrag shared concerns from businesses on F.M. 423 regarding the visibility during construction. Council asked staff to review the sign ordinance and report back with solutions to help businesses during the duration of construction. 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. None 2 September 15,2015 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 City Council meeting minutes for August 18 and September 1, 2015 (Marks—Personal) (City Secretary, Wilson) 4.2 Consider approving a budget amendment ordinance in the amount of$12,600 to remove and reinstall Police Department microwave reflector during the elevated storage tank rehabilitation (Finance, Cranford) 4.3. Consider approving a resolution repealing 2014-15 Master Fee Schedule and amendments; and replacing same with the new Master Fee Schedule for fiscal year 2015-16 effective October 1,2015 (Finance,Cranford) Motion to approve the above consent agenda items- Marks; second by Wade; motion passed with all ayes. 5.0 REGULAR AGENDA ITEMS 5.1. Discuss and provide direction to staff on contracting with transit service providers, Special Programs for Aging Needs (SPAN) & the Denton County Transportation Authority (DCTA),to provide demand response transit services to residents of The Colony (General Admin,Perez) Joe Perez presented a PowerPoint presentation to Council regarding this item explaining that Federal funding to SPAN is being eliminated because The Colony is no longer considered "rural". Troy Powell, City Manager, addressed possible long- term options on funding of $100,000 and contracting with SPAN and DCTA for transportation services. Representatives Max Calder with SPAN and Jim Cline with DCTA responded to questions from council. Mayor McCourry asked that both agencies report back to council with a plan organizing the contract and to include detailed specifics. [Councilmember Schrag stepped out at 7:35 p.m. and returned at 7:45 p.m.] 5.2. Discuss and consider an ordinance approving a Site Plan for Hyatt Place, a limited service hotel, located south of Memorial Drive, East of Top Golf located in the Business Park(BP)zoning district(Development Services,Joyce) Mike Joyce reviewed the site plan for Hyatt Place, a 107 room limited service hotel. He reviewed the location, access, parking, elevations, and landscaping. Council previously approved a specific use permit for the site. The Development Review Committee and Planning and Zoning Commission recommended approval. Motion to approve- Wade;second by Mikulec; motion passed with all ayes. 5.3. Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) allowing alternate building material for Service King, an automobile body shop, located on Memorial Drive, west of Budget Suites, north of existing the Firestone Tire and Vehicle Service Center located in the Business Park (BP) zoning district. The project address is 5270 Memorial Drive (Development Services,Joyce) 3 September 15,2015 Mike Joyce reviewed the proposed SUP request to allow alternate building materials for Service King. Specifically this is for a texture coated concrete tilt wall that will give the appearance of stucco. Applicant Jeff Carroll with Carroll Architects addressed council's concerns regarding this item. Mike stated that staff will be looking into amending the ordinance for Specific Use Permits requesting this specific material. The Development Review Committee and Planning and Zoning Commission recommended approval. The public hearing was opened and closed at 8:06 p.m. with no one wishing to speak. Motion to approve-Marks;second by Mikulec; motion passed with all ayes. 5.4. Conduct a public hearing, discuss and consider an ordinance approving a zoning change from Neighborhood Services (NS) and Light Commercial (LC) to General Retail (GR) at Overlake Addition, located at northeast corner of Overlake Drive and Main Street within Neighborhood Services (NS) and Light Commercial (LC) zoning districts (Development Services,Joyce) Mike Joyce reviewed the proposed zoning change request for the Overlake Addition to council. He briefly reminded the council of a previous Development Agreement between the city and the developer for this area. The Development Review Committee and Planning and Zoning Commission recommended approval. The public hearing was opened and closed 8:10 p.m. with no one wishing to speak. Motion to approve— Terre;second by Boyer; motion passed with all ayes. 5.5. Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) to allow the sale of alcoholic beverages for off- premises consumption at Overlake Addition, located at northeast corner of Overlake Drive and Main Street within Neighborhood Services (NS) and Light Commercial (LC) zoning districts. (Development Services,Joyce) Mike Joyce reviewed the proposed request for a SUP to allow alcoholic beverages for off-site consumption. General discussion was provided by council regarding this item. City Attorney Jeff Moore explained that a SUP is a requirement when a business applies with the intent to sell alcohol. Several council members expressed concern over approving the SUP without there being a specific applicant. The Development Review Committee and Planning and Zoning Commission recommended approval. The public hearing was opened and closed at 8:20 p.m. with no one wishing to speak. Motion to deny-Marks;second by Mikulec;motion passed with all ayes. 4 September 15,2015 5.6. Continue the public hearing from September 1, 2015, discuss and consider an ordinance levying the Public Improvement District Special Assessment on properties located within the City of The Colony Public Improvement District No. 1, approving the service and assessment plan for the district for fiscal year 2015-2016 annual facility public improvements, boardwalk public improvements and related development public improvements; and approving an assessment roll (City Attorney) At 8:22 p.m. City Attorney Jeff Moore stated this is a continuation of the public hearing from September 1, 2015 regarding the proposed ordinance for the Public Improvement District No.1 Service and Assessment Plan for the Grandscape Addition. Jeff presented three options to council regarding this item as follows: 1.) levying full police services at $1,899,026.00; 2.) detectives with police services at $1,454,992.00; and 3.) no police services at $1,251,600.00. City Manager Troy Powell requested council approve Option B $1,454,992.00 that includes police detectives. He advised council that staff and representatives of Nebraska Furniture Mart are still in discussion regarding the police services item. Troy added that the plan can be amended at a later date providing there are changes. The public hearing was closed at 8:28 p.m. Motion to approve the PID Service and Assessment Plan and Levy Ordinance which levies a PID assessment in the amount of $1,454,9922.00 — Terre; second by Wade; motion passed with all ayes. 5.7. Discuss and consider approving an ordinance adopting the City of The Colony fiscal year budget beginning October 1, 2015 through September 30, 2016; providing for intra and inter department fund transfers; providing for the investment of certain funds; providing that expenditures for said fiscal year to be made in accordance with said budget(General Admin, Miller) Assistant Manager Tim Miller presented the proposed ordinance to council. Councilmember Marks asked if Item 5.1 would be included. Tim explained that there would be a budget amendment processed at that time to add the SPAN and DCTA contract. Motion to approve—Schrag;second by Terre;motion passed with all ayes. 5.8. Discuss and consider approving a resolution ratifying the property tax revenue increase reflected in the City of The Colony budget for fiscal year 2015-16 (Finance, Cranford) Tim Miller presented the proposed resolution to council. Jeff Moore briefed council on House Bill 3195 as adopted at the regular session of the 80th Legislature. The House Bill requires a separate vote on a budget that will require raising more revenue from property taxes than previous years. Motion to approve—Schrag;second by Marks; motion passed with all ayes. 5.9. Discuss and consider approving an ordinance adopting the City of The Colony tax rate of $.67 per $100 of valuation for the year 2015-16. Tax rate is comprised of $.51036 M & 0 and $.15964 of General Fund Debt Service (General Admin,Miller) 5 September 15,2015 Tim Miller presented the proposed ordinance to council. Motion to approve—Schrag;second by Mikulec. Jeff Moore reminded council that state law requires specific motion language for the adoption of the tax rate even though the rate is being lowered. Councilmember Mikulec rescinded his second to the original motion. Councilmember Schrag revised his original motion as follows: I move that the property tax rate be increased by the adoption of a tax rate of$.67, which is effectively a 4 percent increase in the tax rate—Schrag;second by Marks; motion passed with all ayes. 5.10. Discuss and consider approving an ordinance amending the Code of Ordinances, Chapter 6, Article III entitled "Minimum Housing and Building Standards Code by amending sections 6-72, 6-79, 6-82, 6-86, 6-87, 6-91, 6-93, 6-94 by establishing the authority for the Building and Standards Commission to enforce enumerated health and safety ordinances as authorized by Chapter 54 of Texas Local Government Code, including water conservation measures including water restrictions (Community Image,Perez) Joe Perez presented the proposed ordinance to council. Jeff Moore briefed council on approved Senate Bill 654 amending the Texas Local Government Code regarding water conservation measures and restrictions. [Councilmember Boyer stepped out at 8:43 p.m. and was not present during the vote.] Motion to approve— Terre;second by Wade; motion passed with all ayes. 5.11. Discuss and consider making nominations for individuals to serve on the Denton Central Appraisal District Board of Directors for a two-year term beginning January 1,2016 (Council) Councilmember Terre shared his desire to continue serving on the Denton Central Appraisal District Board. Motion to approve—Marks;second by Mikulec; motion passed with all ayes. [Council member Boyer was not present during the vote.] Executive Session was convened at 8:55 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 City Manager. 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 pending or contemplated litigation — Brazos Electric substation matter. 6 September 15,2015 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 public improvement districts and tax increment financing and issues related to City of The Colony Public Improvement District No. 1, and Tax Increment Reinvestment Zone Number One, City of The Colony, Texas. D. 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 contract with Atlantic Hotels. E. 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 11:35 p.m. F. Any action as a result of executive session. Item A. Motion to amend contract with terms as discussed in executive session-Boyer;second by Mikulec; motion passed with all ayes. Item E. Motion to amend contract with terms as discussed in executive session-Boyer;second by Mikulec;motion passed with all ayes. Item C. -No action Item B. -No action Item D. -No action And with no further business to discuss the meeting was adjourned at 11:37 p.m. APPROVED: Joe cCourry, .yor C. y of The Colony , "9 . "; , A ,, S �: M1 S6`..` i A-14'LO( $a1 " • C istie Wilson, TRMC - City Secretary EX AS ''i