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Home My WebLink About07/05/2016 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON JULY 5, 2016 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:33 p.m. on the 5th day of July, 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 Absent (Business) Present Present Present (6:42 p.m.) And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1. Call to Order — 6:33 p.m. 1.1. Invocation — First United Methodist Church 1.2. Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.3. Salute to the Texas Flag Salute to the Texas Flag was recited. 1.4. Proclamation Declaring July as Parks & Recreation Month (PARD, Swain) Parks and Recreation Director Pam Nelson recognized the month of July as Parks and Recreation Month. Ms. Nelson provided an overview of duties performed in the department. She acknowledged City employees for their hard work helping to make the City of The Colony a nice place to visit. Mayor McCourry presented a proclamation declaring the month of July as Parks & Recreation. The proclamation was received by Pam Nelson. Councilmember Marks arrived at 6:42 p.m. 1.5. Items of Community Interest 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 Date 07/05/2016 Pagel 2 1.5.1. Receive presentation from Parks and Recreation regarding upcoming events and activities (PARD, Stansell) Lindsey Stansell provided upcoming events and activities to the Council. 1.5.2. Presentation from the Library Director regarding current and upcoming programs, events, and service improvements (Library, Sveinsson) Library Director Joan Sveinsson provided current and upcoming programs, events and services improvements to the Council. Councilmember Terre acknowledged the July 2"d Liberty by the Lake event. Mr. Terre stated there were over 300 boats on the lake watching the fireworks. He thanked the Parks and Recreation team for an outstanding job in planning a successful event. 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 Public Information Requests Quarterly Report as presented for Council review (Interim City Secretary, Stewart) NONE 2.2. Council to provide direction to staff regarding future agenda items (Council) NONE 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 grant request submittal for the City Manager's Arts and Entertainment Committee. 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 and Community Development Corporation Special Session minutes for June 20, 2016, and City Council Regular Session minutes for June 21, 2016 (Interim City Secretary, Stewart) 4.2. Consider approving Council Expenditures for the month of May 2016 (Council) City Council — Regular Meeting Agenda Meeting Date 07/05/2016 Pagel 3 4.3. Consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the City of Carrollton for assistance in Engineering Inspections for Private Subdivisions (Engineering, Scruggs) 4.4. Consider approving a resolution authorizing the City Manager to execute a Letter of Direction with CD Builders, Inc., Endurance Reinsurance Corporation of America, and Dayhill Group, LLC to amend Payment Provisions for the Phase 5 Residential Street re -construction (Engineering, Scruggs) 4.5. Consider approving a resolution authorizing the City Manager to execute an Amendment to the Interlocal Cooperation Agreement with the Texas Department of Transportation and City of Lewisville for Maintenance of Traffic Signals on FM 423 and SH 121 (Engineering, Scruggs) 4.6. Consider approving a resolution authorizing the City Manager to execute an Agreement with the Texas Department of Transportation for Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment (Engineering, Scruggs) Motion to approve all items from consent- Schrag; second by Mikulec; motion passed with all ayes 5.0 REGULAR AGENDA ITEMS 5.1. Conduct a public hearing, discuss and consider an ordinance approving revocation of a Specific Use Permit (SUP) in a General Retail Zoning District that allowed 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) at 7228, 7300 and 7320 Main Street (Development Services, Scruggs) Director of Engineering Gordon Scruggs reviewed the proposed Specific Use Permit to allow outside display of motor vehicles. Mr. Scruggs stated in Phase I, the applicant proposes to replace portions to the existing asphalt parking areas to allow positive drainage. In Phase H, improvements to include additional concrete paving for the existing automobile sales and tire repair. On June 3, 2014, City Council approved a six month extension of the deadline to complete the project and no repairs have been made. On March 1, 2016 staff provided a presentation to Council requesting the revocation of the SUP. Development Review Committee finds that the Specific Use Permit does not meet the requirements, and Planning and "Zoning recommended revocation of the SUP. The public hearing was opened at 7:09 p.m. City Council - Regular Meeting Agenda Meeting Date 07/05/2016 Pagel 4 James Ramsey presented the proposed ordinance to Council. Denise Finney, spoke against this item. Christi Martin, spoke against the proposed ordinance. With no further discussion the public hearing was closed at 7:19 p.m. Council provided discussion on this item and the consensus of the Council was to revoke the proposed ordinance. Motion to revoke the proposed Specific Use Permit allowing outside display of motor vehicles - Terre; second by Marks; motion passed with all ayes. 5.2. Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit (SUP) for proposed Pappy's Pet Lodge at 4000 Paige Road within Planned Development 9 (PD -9) zoning district (Development Services, Scruggs) Gordon Scruggs reviewed the proposed Specific Use Permit to allow.for Pappy's Pet Lodge. Mr. Scruggs stated the applicant proposes to lease the building to house a dog boarding kennel facility with an outside play area; and to fence a portion of the parking lot and convert the area into an outdoor play area for dogs. Mr. Scruggs added an 8 foot tall solid cedar wood fence will be constructed to fully enclose the play area space. The Planning and Zoning Commission recommended constructing a — - -- shade structure for the comfort of the animals. The primary time the pets would be kept in the outside enclosed area will be between 8:30 a.m. and 6:30 p.m. Mr. Scruggs stated an SUP is required to review and evaluate certain criteria's. The Development Review Committee finds that the Specific Use Permits meets all applicable requirements, and Planning and "Zoning recommended approval. The public hearing was opened at 7:36 p.m. Bill Kinder owner of Pappy's Pet bodge provided a brief update on his company to Council. Councilmember Terre asked if the property would have misters for animals during the summer months. Mr. Kinder explained there were no plans to add misters at this time. He stated the,facility would have monitored indoor air condition areas,for dogs to play. Mr. Terre suggested Mr. Kinder to contact Mark Cooper Animal Control Manager .for future collaboration. Christi Martin spoke in favor of the proposed ordinance. With no,further discussion the public hearing was closed at 7:50 p.m. Motion to approve- Terre; second by Boyer; motion passed with all ayes. 5.3. Discuss and consider approving an ordinance adopting an amendment to the Code of Ordinances, Chapter 6, Article VI, by adding Section 6-170, Entitled "Variance for Dogs on Premises of a Food Establishment"; and approve a resolution amending resolution No. 2015-070 adopting the 2015-16 :Master Fee City Council — Regular Meeting Agenda Meeting Date 07/05/2016 Pagel 5 Schedule, by amending the Master Fee Schedule to establish a variance fee for dogs on the premises of food establishments (General Admin, Perez) Joe Perez presented to Council the proposed ordinance to allow a variance for dogs on premises of a food establishment and the proposed resolution amending the Master Fee Schedule to establish a variance fee of $150.00. Councilmember Schrag asked for clarification on the variance regarding dogs on outside patios. Mr. Perez confirmed the variance is for outside patios only and not indoors. Businesses without outside patios would not be able to apply for the permit. Christi Martin shared an experience while visiting a restaurant where a dog was present. She asked for more information regarding this item. Council provided discussion on this item and advised staff to move forward with the proposed ordinance and resolution. Motion to approve- Marks; second by Terre; motion passed with all ayes 5.4. Discuss and consider cancelling or rescheduling the August 2, 2016 City Council meeting due to National Night Out (Council) Motion to move the first August city council meeting to Monday, August 1, 2016-Schrag; second by Mikulec; motion passed with all ayes Executive Session was convened at 8:04 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 seek legal advice from the city attorney regarding Tax Increment Reinvestment Zone Number One, City of The Colony, Texas. 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 — Quality Excavation, Ltd. v. City of The Colony, Texas, Cause Number 16-03350-442. 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 pending or contemplated litigation — Atlantic Colony Venture I, LLC and Atlantic Colony Venture II, LLC v. City of The Colony, Texas, et al., Cause No. 16-02219-442. 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 pending or contemplated litigation — Appeal of Brazos City Council — Regular Meeting Agenda Meeting Date 07/05/2016 Pagel 6 Electric Power Cooperative, Inc. and Denton County Electric Cooperative, Inc. D/B/A CoSery Electric from an Ordinance of The Colony, Texas, and, in the Alternative, Application for a Declaratory Order, SOAH Docket No. 473-16- 1119, PUC Docket 45175. 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 City Secretary. Open Session was reconvened at 9:53 p.m. 6.2. A. Any action as a result of executive session regarding Tax Increment Reinvestment Zone Number One, City of The Colony, Texas. No Action B. Any action as a result of executive session regarding pending or contemplated litigation — Quality Excavation, Ltd. v. City of The Colony, Texas, Cause Number 16-03350-442. No Action C. Any action as a result of executive session regarding the pending or — contemplated litigation - Atlantic Venture, LLC and Atlantic Colony Venture II, LLC v. City of The Colony, Texas, et al. No Action D. Any action as a result of executive session regarding the pending or contemplated litigation Appeal of Brazos Electric Power Cooperative, Inc. and Denton County Electric Cooperative, Inc. D/B/A CoSery Electric matter. No Action E. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. No Action Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the above items may be considered in executive session closed to the public, including but not limited to consultation with attorney pursuant to Texas Government Code Section 551.071 and Section 551.074 arising out of the attorney's ethical duty to advise the city concerning legal issues arising from an agenda item. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. And with no further business to discuss the meeting was adjourned at 9:55 p.m. City Council — Regular Meeting Agenda Meeting Date 07/05/2016 Pagel 7 ✓IcCoury, Mayor of The Colony A ST: -}-- Cj 1/l Tina Stewart, TRMC Interim City Secretary Irij- i • EAL •