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HomeMy WebLinkAbout02/02/2016 City Council/i cow MINUTES OF COUNCIL REGULAR SESSION HELD ON FEBRUARY 2, 2016 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 2nd day of February, 2016, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Kirk Mikulec Richard Boyer Brian R. Wade David Terre Perry Schrag Joel Marks Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember Councilmember Present Present Present Present Present Present Present (6:40 p.m.) And with six council members present a quorum was established and the following items were addressed: 1.0. ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1.1. Call to Order — 6:32 p.m. 1.2. Invocation — The Journey Church 1.3. Pledge of Allegiance to the United States Flag 1.4. Salute to the Texas Flag 1.5. Items of Community Interest 1.5.1. Presentation from the Library Director regarding current and upcoming programs, events, and service improvements (Library, Sveinsson) - Joan Sveinsson provided current and upcoming programs, events and services improvements to the council. City Manager Troy Powell announced on Monday February e 2016, The Colony City Hall will close at noon for an employee in service day and will not reopen for the remainder of the day. The Colony Police Department will be conducting an active shooter drill at The Colony City Hall and Library. The intent of the drill is to educate and prepare employees on what actions to take in the event an active shooter scenario arises. I 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 Dat"45>�" Z/� I Page 2 '7 _ 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 aspects of a possible future ordinance implementing restrictions city-wide for cell phone use while driving other than hands-free and provide direction to staff (Terre, McCourry) Mayor McCourry reminded council that at the previous meeting the proposed construction zone ordinance was not approved. Ile told the council that some other cities have adopted an ordinance restricting hands-on electronic device use city-wide and he asked the council if they would like to have such an ordinance presented for consideration.. Councilmember David Terre cited some research statistics and stated that he had sent a survey to residents in Place 4 District asking whether the city should adopt such an ordinance. Out of the twenty-one surveys mailed, nineteen residents responded. Seventeen voted in favor and two were not in.favor. Mayor McCourry added that he had an opportunity to speak to fifth graders in a local elementary. He presented to the students the proposed ordinance to restrict cell phone use while driving and all the students agreed on the restriction. Councilmember Schrag questioned the research of safety statistics. Councilmember Boyer requested staff provide data relative to the City of The Colony for the next council meeting. City Attorney Jeff Moore provided information on potential fines. Mayor McCourry requested staff to bring an ordinance back for discussion. 2.2. Discuss current status of the city's designated newspaper and options for publishing legal notices and provide direction to staff (City Secretary, Wilson) Christie Wilson updated council on the status of the city's designated newspaper, which is currently the Lewisville Flower Mound Neighbors Go. In January 2016 this publication was discontinued. The city's back up is the Denton Record Chronicle. If the council desires to continue using the Denton Record Chronicle no action is needed. Ms. Wilson presented some options to enhance that option since the Denton Record Chronicle is not widely delivered in our area. Ms. Wilson advised the council that the Dallas Morning News regular paper is also an option for advertising legal notices but would require a 12 month contract. The contract requires a minimum of $3000.00 in advertising and an additional fee to place the notices on their website.) Without a contract the costs would be higher. The city can reevaluate at the end of the contract period. Council discussed the matter and advised staff to move forward with the Dallas Morning News Newspaper. Staff will return next meeting to present a resolution designating the Dallas Morning News as the city's official newspaper. 2.3. Discuss temporary contractor signs and provide direction to staff (General Admin, Perez) City Council - Regular Meeting Agenda Meeting Date +6ii,6+6 9./-1 tb Page 3 Joe Perez updated council on the use of temporary contractor signs. He stated that the city does not have in place any requirements for the removal of signs once construction has been completed. Council discussed this item and the consensus was not to change anything since the city has not received any complaints and the signs have not caused any safety problems or traffic issues. 2.4. Discuss and provide an update on Water's Edge Easement (Development Services, Joyce) On January 21, 2016, the city met with representatives of the Blue Water's Edge Subdivision Homeowners Association to discuss the Homeowner's Association working with Denton County and the Corps of Engineers to obtain a new road and utility easement through the Corps of Engineers property. Mike stated that the costs associated with obtaining the easement will be covered by the Home Owners Association and if the deadline is not met the remaining easement would be annexed. 2.5. Discuss 2016 Liberty By The Lake location and other logistics (PARD, Nelson) Pam Nelson provided an update on the 2016 Liberty by the Lake event to council. Pam presented the pros and cons for keeping the event at Stewart Creek Park opposed to having the event at the Five Star Complex. City Manager Troy Powell stated in regards to having the event at the Stewart Creek Park, the city received complaints regarding the attendance capacity and there are concerns for there being one way in and one way out. He added in order to control the size, possibly place a cap on the attendance. Council — - discussed this item and consensus was to keep at the lake, to possibly add a gate fee has a means to limit number of people in the park], and to speak with public officials regarding statistics on safety. 2.6. Council to provide direction to staff regarding future agenda items (Council) Councilmember Marks requested a future agenda item discussion relating to an ordinance on bars being near a church. 3.0. CITIZEN INPUT 3. 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. Citizen Mike Hughy gave personal testimony and spoke in favor of item 2.1. Joel Hoback asked council to also implement an awareness campaign and spoke in favor of 2.1. Christi Martin spoke in favor of 2.1 but also asked for allowances for unplanned stopping and to allow use of a GPS. Ms. Martin also spoke in favor of continued use of Stewart Creek Park for Liberty by The Lake. City Council - Regular Meeting Agenda Meeting Datett572M % f�� Page 4 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 meeting minutes for city council meeting held January 19, 2016 (City Secretary, Wilson) 4.2. Consider approving a resolution authorizing the revision to the Hazard Mitigation Action Plan (Fire, Thompson) 4.3. Consider approving a resolution authorizing the city manager to execute a Professional Services Agreement with Dunkin Sims Stoffels, Inc. for the design development, bid specifications and construction observation for the design and construction of a section of Park Loop Trail from Squires Street to North Colony Boulevard with funding provided by the Community Development Corporation (PARD, Morgan) 4.4. Consider approving a resolution authorizing the city manager to execute a Professional Services Agreement with Halff Associates, Inc. for the development of a Citywide Hike and Bike Trails Master Plan with funding provided by the Community Development Corporation (PARD, Morgan) 4.5. Consider authorizing a migration of the City's internal email system to Microsoft's Cloud services platform, 0365 (General Admin, Shallenburger) Motion to approve- Mikulec; second by Marks; motion passed with all ayes 5.0. REGULAR AGENDA ITEMS 5.1. Conduct a public hearing, discuss and consider an ordinance approving text amendments to "Exhibit "B," Permitted Land Uses by Category, to add certain land uses to the Austin Ranch Planned Development Design Standards (Development Services, Joyce) Mike Joyce briefly reviewed the proposed request for Austin Ranch development. Planning and Zoning Commission recommended approval. The public hearing was opened and closed at 7:55 p.m. with no one wishing to speak. Motion to approve -Marks; second by Mikulec; motion passed with all ayes. 5.2. Conduct a public hearing, discuss and consider approving an ordinance amending the Code of Ordinances, Appendix A, "Zoning", Section 10A, "Gateway Overlay District Regulations," to add retail/commercial/office areas at South Colony Boulevard and Paige Road and the southwest corner of Kisor Drive and Paige Road into the Gateway Overlay District (Development Services, Joyce) Mike Joyce reviewed the areas that would be incorporated into the Gateway Overlay District regulations. Planning and Zoning Commission recommended approval. Councilmember Marks requesting council delay voting on this item until after 5.6 since it could affect that property. City Council - Regular Meeting Agenda Meeting Date 4424 6 J �/ Page 5 Motion to move 5.2 to the end of the meeting- Marks, motion failed due to lack of a second The public hearing was opened at 8:02 p.m. Citizen Diana Wong, who is the manager of a property included in the proposed area, asked for more time to review the item. The public hearing was closed at 8:05 p.m. Mike Joyce stated that since this is not a zoning change, no notices were sent to surrounding property owners. Councilmember Boyer added that the impending opening of South Colony Boulevard at S.H. 121 will increase visibility of the South Colony/Paige area, and that it needs revitalization. Motion to approve- Terre; second by Boyer, motion passed with all ayes 5.3. Conduct a public hearing, discuss and consider approving an ordinance amending the Code of Ordinances, Appendix A, "Zoning", Section 17, Site Plan Approvals and Special Development Standards regarding Exterior Building Materials allowed in the Single Family (Section 17-106), Multiple Family and Non -Residential Zoning Districts (Section 17-106.1) (Development Services, Joyce) Mike Joyce briefly explained this request to add alternative choices for exterior finishes. Planning and Zoning recommended approval. The public hearing was opened and closed at 8:15 p.m. with no one wishing to speak. Motion to approve- Marks, second by Mikulec; motion approved with all ayes 5.4. Conduct a public hearing, discuss and consider an ordinance amending the Code of Ordinances, Appendix A, "Zoning", Section 10-2207, to revise the distance requirements between bar, lounge or tavern, or beverage stores (Development Services, Joyce) Mike Joyce reviewed the background of this proposed ordinance, the definitions, and regulations of the zoning sections pertaining to alcohol sales. He asked council to consider reducing the current distance of 1000' between package stores, bars, etc. to 300' so it is consistent with the distances set for churches and schools. Planning and "Zoning Commission recommended approval. Councilmember Mikulec asked about a lesser reduction. City attorney Jeff Moore reviewed the Texas Alcoholic Beverage Commission regulations. Councilmember Boyer suggested 500' and confirmed with the city attorney that variances can be requested. The public hearing was opened and closed at 8:25 p.m. with no one wishing to speak. Motion to change the distance to 500'- Boyer; second by Mikulec; motion failed with the following vote: Ayes- Boyer and Mikulec; Nos- McCourry, Wade, Terre, Schrag, Marks 5.5. Conduct a public hearing, discuss and consider an ordinance approving a request for a Specific Use Permit (SUP) to allow The Thirsty Growler, a brew pub, for on and off-site consumption of alcoholic beverages located at 5733 SH 121, Suite 230, in Planned City Council - Regular Meeting Agenda Meeting Date 1/5/2016 Page 6 _ Development 16 (PD -16) zoning district and consider approving an ordinance revoking the SUP Ordinance No. 99-1135 for Star Liquor located at 5749 SH 121 (Development Services, Joyce) Mike Joyce reviewed the criteria for the Specific Use Permit, adding that this item also includes revoking an existing SUP for a liquor store in close proximity. The public hearing was opened at 8:29 p.m. Mike Gillum, applicant, stated this is not a brew pub and not a restaurant. The public hearing closed at 8:30 p.m. Motion to approve- Wade; second by Mikulec; motion passed with all ayes 5.6. Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) application for an Auto Repair Garage (inside) use, for Quality Car Care located at 5204 South Colony Boulevard within the Shopping Center (SC) zoning district (Development Services, Joyce) Mike Joyce explained that the owner of this business would like to rebuild this auto repair garage after it was destroyed by afire. Since operations there have not occurred there for longer than 90 days, a new SUP is required. The Planning and Zoning Commission recommended denial siting it is not the highest and best use for a shopping center area. The public hearing was opened at 8:28 p.m. Diana Wong, Sean Yessayan, Alex Laftajian, and George Maliakal spoke in favor of granting the SUP. The public hearing closed at 8:50 p.m. After council discussion the following motion was made. Motion to approve- Marks; second by Terre, motion failed with Marks voting yes, and McCourry, Mikulec, Boyer, Wade, Terre and Schrag voting no. 5.7. Conduct a public hearing, discuss and consider approving an ordinance readopting Chapter 13, Article III, Sections 13-31 through 13-37 of the Code of Ordinances regarding Curfew Hours for Minors (Police, Coulon) Police Chief David Coulon told the council that this ordinance has to be readopted every three years. The public hearing opened and closed at 8:53 p.m. with no one wishing to speak. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes 5.8. Discuss and consider a request to waive the 2016 lease fees for Stewart Peninsula Golf Course to allow for reinvestment of those funds in flood and infrastructure repairs at the facility (PARD, Nelson) Councilmember Mikulec requested an executive session to consult with the city attorney - - - - on this request. Council convened into Executive session regarding this item at 8:58 p.m. Open session was reconvened at 9: 07 p.m. City Council - Regular Meeting Agenda l Meeting Date Page 7 Pam Nelson presented the proposed request to waive the lease fees due to flooding and tornado wind damage that incurred at Stewart Peninsula Golf Course. Richard Anderson presented a photographic overview of the course damages to council. He reviewed the areas in need of repair. Particularly damaged is the irrigation dock. Further there is erosion and a need for sod replacement. Insurance benefits are available only for the pump station platform (part of the irrigation dock.) It was noted that sales are down considerably with limited use of the course. Motion to approve waiving the rental fees for 2016, and included that the requestor provide documentation on the repairs made- Schrag; second by Mikulec motion passed with all ayes 5.9. Discuss and consider approving an ordinance amending the Code of Ordinance, Chapter 6, Article III, entitled "Minimum Housing and Building Standards Code", by amending section 6-89(A) of the code of ordinances, entitled "Proceedings," by establishing the quorum requirement for the Building and Standards Commission (General Admin, Perez) Joe Perez requested a change to the ordinance so that all members of the board are not required to be present to hear a case. Requiring 3 of S members is consistent with the state statute. Motion to approve- Terre, second by Boyer; motion passed with all ayes Executive session was convened at 9:30 p.m. 6.0. EXECUTIVE SESSION 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 magistration of prisoners, setting of bonds, and personal recognizance bond issues. 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 a contract with Atlantic Hotels. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to see legal advice from the city attorney regarding a Hawaiian Falls Waterpark Ground Lease Operating Agreement and related documents. Open session was reconvened at 9:40 p.m. to address Item C. Motion to approve the Second Amendment to the Hawaiian Falls Ground Lease and Operating Agreement with the annual rent payments due November 30th of each year - Terre, second by Mikulec; motion passed with all ayes City Council - Regular Meeting Agenda Meeting Datei-�5� �2l(L Page 8 Executive session was reconvened at 9:42 am. D. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.087 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney, and to deliberate commercial or financial information the City has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect — Grandscape and The Colony Public Improvement District No. 1 matter. Open session was reconvened at 10.45 p.m. E. Any action as a result of executive session. Item A. No action. Item B. Motion to approve the Second Amendment with an extension date no later than February 15, 2016- Schrag; second by Mikulec; motion passed with all ayes Item C. [see C. above] Item D. No action And with no further business to discuss the meeting was adjourned at 10:46 p.m. ATTEST Christie Wilson, TRMC City Secretary APPROVED: e McCourry, Mayor City of The Colony G�y� OF TFI�c'co <