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Home My WebLink About01/17/2017 City CouncilMINUTES OF COUNCIL REGULAR SESSION HELD ON JANUARY 17, 2017 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:40 p.m. on the 17"' day of January, 2017, 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 Councilmember Councilmember Councilmember Councilmember Mayor Pro -Tem Councilmember Present Absent Present Present Present Present Present (Arrived 7:50 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 — 6:38 p.m. 1.2. Invocation — Councilman Schrag provided the invocation. 1.3. Pledge of Allegiance to the United States Flag and Salute to the Texas Flag 1.4. Items of Community Interest 1.4.1 Council Received a presentation from Parks and Recreation regarding upcoming events and activities. Special Events Coordinator Lindsey Stansell provided upcoming events and activities to Council. Recreation Manager David Swain recognized the various volunteers from "The Colony Christmas Spectacular Light Show" held in December 2016. Mayor McCourry presented the certificates to the volunteers. City Manager Troy Powell offered thoughts and Prayers to the City of Little Elm for their officer who was killed in the line of duty. Mayor McCourry read a letter from the Superintendent of the Lewisville School District Dr. Kevin Rogers congratulating the City of The Colony on its 40th Anniversary. Councilman Tierre announced State Farm presented a check in the amount of $25, 000 to Metro Relief to help them recondition one of their buses. ' 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 1/3/2017 Pagel 2 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 Request Quarterly Reports as presented for Council review. There was no discussion on this item. 2.2 Receive presentation and update on items related to Article VI. Food and Food Establishments of The Colony Code of Ordinances. City Manager Troy Powell presented Council with an update on items related to the grade cards for the food establishments as outlined in Article VI Food and Food Establishments of The Colony Code of Ordinances outlining four procedural options. Programs Administrator Joe Perez assured Council the establishments will continue to be inspected and scored regardless of the option chosen. Council requested more information on the allowable contents of the QR Code option. 2.3 Council to provide direction to staff regarding future agenda items. 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 David Pyke, 3829 Wynnewood Drive The Colony, Texas 75056, inquired on the actions taken by City Council to ensure driver safety with all the construction. Mayor McCourry informed him lowering the speed limit to 35 mph during the construction period was one of the steps taken. Hollis Brazier, 5017 Atterbury Place The Colony, Texas 75056, inquired on the City's plan to plant more trees since the construction is going on around the city. Mayor McCourry confirmed there is a plan to plant more trees and the Landscape Plans for the Grandscape and Main Street will be sent to him by the Community Services Director Pam Nelson. 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 Special Session and Regular Session meeting minutes for January 3, 2017. _ _ Motion to approve all items from the consent agenda- Tierre; second by Wade; motion passed with all ayes. City Council — Regular Meeting Agenda Meeting Date 1/3/2017 Pagel 3 Executive Session was convened at 6:57 p.m. 6.0 EXECUTIVE SESSION 6.1. 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 Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of the Colony,Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. Open Session was reconvened at 7:47 p.m. 5.0 REGULAR AGENDA ITEMS 5.1 SI16-0001, Zoning Ordinance Amendment - Definition of Single Family: Conduct a public hearing, discuss and consider approving an ordinance amending Appendix A, Zoning Ordinance, Section 25-101(21) containing definition of Family. Planning Team Leader Surupa Sen presented proposed changes to the definition of Single Family within the Zoning Ordinance to provide consistency between two sections of the ordinance. Mayor McCourry opened the public hearing at 7:51 p.m. Richard Kuether, 4109 Driscoll Drive The Colony, Texas 75056, spoke in opposition of the ordinance requesting to keep the number of unrelated people in a single family residence to three (3) and presented scenarios of possible incidents where the ordinance could affect a resident's income and/or health care. April Wilson, 5853 Baker Drive The Colony, Texas 75056, spoke in opposition of the ordinance and agreed with Mr. Kuether's comments in keeping the number to three (3). Mayor McCourry closed the public hearing at 7:53 p.m. City Attorney Jeff Moore confirmed with Mayor McCourry the passing of this item will require six (6) votes from Council to override the P& Z recommendation of denial. There was a discussion on enforcement and other options, and/or stipulations, to include in this ordinance;such as medical personnel and owners of the home. Motion to postpone indefinitely — Tierre; seconded by Wade; motion passed with all ayes. 5.2 PDA16-0002, Amendment to Planned Development District# 14: Conduct a public hearing, discuss and consider approving an ordinance amending Planned Development 14 (PD 14)to allow "Automobile Garage (Inside)" land use within existing building at 4173 Main Street. Senior Planner Surupa Sen presented a proposed amendment to Planned Development District No 14 to allow "Auto Repair Garage (inside) use within existing building at 4173 Main Street, the Lone Star Car Wash facility. City Council— Regular Meeting Agenda Meeting Date 1/3/2017 Pagel 4 Mayor McCourry opened the public hearing at 8:11 p.m. There were no speakers. Mayor McCourry closed the public hearing at 8:11 p.m. Council confirmed tires would not be stored outside but only set outside as a display during operational hours. Motion to approve—Marks;seconded by Boyer; motions passed with all ayes. 5.3 Z16-0002 Lakeview Villas Zoning Change from General Retail (GR) and Shopping Center (SC) to Townhouse Dwelling (TH) Zoning District: Conduct a public hearing, discuss and consider approving an ordinance to allow Zoning Change from Shopping Center(SC) and General Retail (GR) to Planned Development-Townhouse Dwelling (PD-TH)zoning district allowing town homes development at 4851 Westport Drive property and the adjacent tract of land. Senior Planner Surupa Sen presented a development plan and proposed zoning change from General Retail (GR) and Shopping Center (SC) to Planned Development- Townhouse Dwelling(PD-TH)allowing townhomes to be built at 4851 Westport Drive. Applicant Warren Packer, 1680 Prince William Lane Frisco, Texas 75034, discussed the development plan, view of the lake, the fire prevention, and suppression plan, and the walkability of the plan. Council confirmed the developer will bring the road up to a driveable condition, add elevator access to the townhomes, build the structure with 100% masonry, and the homeowners association will be responsible for the care of the landscaping. There was a discussion on the number of parking spaces per unit. Mayor McCourry opened the public hearing at 8:27 p.m. There were no speakers. Mayor McCourry closed the public hearing at 8:27 p.m. Motion to approve— Tierre;seconded by Marks; motion passes with all ayes. 5.4 Discuss and consider approving a resolution authorizing the City Manager to execute changes to the Building Use Policy to allow for alcohol use in certain city facilities under approved permitting guidelines. Director of Government Relations Brant Shallenburger presented a proposed change to the current Building Use Policy to allow for alcohol use in certain city facilities under approved permitting guidelines. There was a discussion on the liability of the City and when this would become a liability. Motion to approve— Wade;seconded by Marks; motion passes with all ayes. Executive Session was convened at 8:33 p.m. 6.0 EXECUTIVE SESSION City Council—Regular Meeting Agenda Meeting Date 1/3/2017 Pagel 5 6.1. A. Council shall convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange,lease, - or value of real property. 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—City of The Colony,Texas v. B.S.A. TX-342, Limited Partnership (Budget Suites of America,TX-3472), Cause No. 16- 09568-442. 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 Electric Power Cooperative,Inc., PUC Docket No.45175 and City of The Colony,Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. Open Session was reconvened at 9:17 p.m. 6.2. A. Council shall convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange,lease, or value of real property. No Action. B. Any action as a result of executive session regarding the pending or contemplated litigation - City of The Colony, Texas v. B.S.A. TX-342, Limited Partnership (Budget Suites of America,TX-3472), Cause No. 16-09568-442. 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 pending or contemplated litigation — Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. No Action. City Council— Regular Meeting Agenda Meeting Date 1/3/2017 Pagel 6 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 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 9:19 p.m. APPROVED: t�i J e McCourry,Mayor ity of the Colony AT T: Tina Stewart,TRMC � i.{; • City Secretary ?ZSE • NY ,14 • rEXPS