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HomeMy WebLinkAbout01/16/2006 City Council January 16, 2006 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JANUARY 16, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 16th day of January 2006, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris Scott Ward Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Mayor Pro-tern Councilmember Councilmember Councilmember Present Present Present Present Present Present Present And with seven council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Councilmember Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities 1_ City Attorney Bob Hager reviewed his written opinion regarding the alleged "coercion" of the 4B board members to endorse the proposed Civic Centre funding. He stated that while some members were not personally in favor of the project, none felt that any member of the council had pressured them or coerced them. They felt that there had been some private conversations one-on-one where they were persuaded to vote in favor of spending 4B money but they didn't feel there would be any retribution if they did not. Mayor Dillard announced that Parks & Recreation is planning a father/daughter- mother/son dance on Sunday, February lih. He also announced upcoming meetings of the Regional Transportation Council. I I 2.0 2.1 2.2 I CONSENT AGENDA I Consider approval of council expenditures for the month of December 2005 (Council) Consider approval of a resolution adopting the use of new voting equipment (Wilson) I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. January 16,2006 2.3 Consider approval of a resolution authorizing a rental contract with Denton County Elections for voting equipment for the May 13, 2006 election (Wilson) Motion to approve above consent agenda items- Ward; second by Schrag; motion passed with all ayes. Councilmember Marks asked for items 2.4, 2.6 and 2.7 to be pulled from the consent agenda and Councilmember Harris asked for 2.5 to be pulled from the consent agenda. 2.4 Receive 2004-2005 Activity Report from the Planning and Zoning Commission and authorize initiation of projects for 2006 (S106-003, Bateman) Donna Bateman advised the council that the Code of Ordinances requires the activity report and that state law requires the city council initiate all projects. By approving this project list, the requirement is satisfied. City Attorney Bob Hager added that additional projects will be added as needed and council is not limited to this list. Motion to approve- Marks; second by McCourry; motion passed with all ayes. 2.5 Consider approval of an ordinance amending Chapter 6 Article I. of the Code of Ordinances by amending Table 503.2 of the International Energy Conservation Code relating to HV AC equipment (S106-0022, Bateman) Councilmember Harris asked if SEER 13 is included as a minimum requirement for air conditioning systems. Donna Bateman said it would apply to anything manufactured after January 23,2006. Councilmember Schrag asked that ordinance wording be changed to reflect that the U.S. Department of Energy preempted state and local building codes. The city attorney advised he would provide wording to make that change. [Change is as follows: .. ..the U.S. Department of Energy issued a regulation which preempted the original amendments adopted by the City, being Section 6- 5.2(b); and] Motion to approve with changes as stated by the city attorney- Schrag; second by McCourry; motion passed with all ayes. 2.6 Consider approval of an ordinance amending the 2005-2006 budget and authorize the transfer of funds from the Utility Fund fund balance to the Utility Department's payroll budgets for salary adjustments (Scruggs) Gordon Scruggs told the council that in a recent survey it was found that The Colony's pay scale for utility workers is thirty-five percent below the average. With this increase that would be improved to twenty-nine percent below. He is proposing to use the fund balance to fund the salary adjustments then the new 2 I January 16, 2006 salaries would be incorporated into the next budget. Councilmember Harris suggested reviewing the matter again in three or four months and possibly phase in additional increases. Tony Johnston added that after the raises there will be seventy two days in the fund balance. Motion to approve- Marks; second by Harris; motion passed with all ayes. 2.7 Consider approval of a resolution authorizing a NCTCOG grant application for a Regional Solid Waste Local Project Funding Program, and authorizing Terry Gilman to act on behalf of the city in related matters (Gilman) Terry Gilman told the council that this grant will provide two buildings for the storage of hazardous materials (paint, pesticides) for less than ninety days until proper disposal can be made. He added that there will be a citywide cleanup on April 8, 2006. Councilmember Harris suggested in the future to address some way to dispose of computers and monitors, as well as medical waste such as diabetic needles. Terry said he has a meeting the next week with Waste Management regarding the disposal of needles. Motion to approve- Marks; second by Harris; motion passed with all ayes. 13.0 3.1 I REGULAR AGENDA ITEMS I Discuss and consider approval of a site plan for Merlin's Muffler located on the west side of Main Street, north of Lone Star Car Wash and south of Cougar Alley (SP05-0004, Bateman) I Mayor Dillard pulled this item from the agenda to be considered at a later date. 3.2 Conduct a public hearing and discuss and consider approval of an ordinance amending the Code of Ordinances, Appendix A, Zoning, Section 10-702 concerning accessory uses and amending Chapter 6, Buildings, Construction, and Related Activities, and adding Article IX, Sections 6-150 through 6-160 (S105-0009, Bateman) Donna Bateman told the council this item is for storage structures only (not patios). She said the only structure that could be attached to a fence or house is one that is less than six feet high and totaling no more than twenty square feet. Councilmember Harris agreed with the Planning and Zoning recommendations and asked Donna to have the summary table published. Councilmember Schrag asked that water and sewer be allowed for patios as it is for garages and storage buildings. He also questioned the forty percent lot coverage, and why pools would be considered accessory structures. Councilmember McCourry said he was in agreement, that swimming pools should not be included with this. I Public Hearing opened at 8:00. Citizen Steve Allen asked for clarification on the forty percent lot coverage, stating that the whole house can take that much. Public Hearing closed at 8:04. 3 January 16,2006 Motion to approve with P&Z recommendation and that no coverage requirement be included for pools or hot tubs, then accepted a friendly amendment to the motion by Councilmember Schrag to include utilities to patios and storage buildings with the stipulation that all are metered with the primary residence - Harris; second by Mikulec; motion passed with all ayes except for Dillard who voted no. 3.3 Conduct a public hearing and discuss and consider approval of an ordinance amending the Code of Ordinances, Appendix A, Zoning, Section 10-900 concerning Specific Use Permits (SI05-0029, Bateman) Donna Bateman explained that only a Specific Use Permit allows certain uses in each zoning district. This amendment provides standards by which applications for SUP are to be evaluated. Public Hearing opened at 8:20 p.m. Perry Schrag asked if this ordinance requires farming for those who have obtained an agricultural exemption from the appraisal district. City Attorney Bob Hager said that it does not, adding that the Texas Tax Code has requirements that must be met. Public Hearing closed at 8:25 p.m. Motion to approve- McCourry; second by Ward; motion passed with all ayes. 3.4 Conduct a public hearing and discuss and consider approval of an ordinance amending the Code of Ordinances, Appendix A, Zoning, Section 10-200 concerning use provisions for farming in the agricultural zoning district and amending the definition of Section 10-300 (70) (SI05-0025, Bateman) Donna Bateman said this item is concerning use provisions, allowing for farming or ranching in the agricultural zoning district. Planning and Zoning is recommending approval but with a SUP requirement. This ordinance will also change the definition of "farm or ranch" to be five or more acres, rather than three or more acres. Public hearing opened and closed at 8:29 p.m. with no one wishing to speak. Councilmember Schrag asked the reason for the SUP. City Attorney Bob Hager said it is to place special conditions on the property. Donna said this is not the recommendation of staff but ofP&Z. Motion to approve to include the removal of the SUP requirement - Schrag; second by Harris; motion passed with all ayes. 3.5 Receive report and give direction to staff regarding amending the Code of Ordinances concerning requirements for travel trailers and mobile homes (SI06-0004, Bateman) Donna Bateman explained that currently there is no difference between Recreational Vehicles, such as travel trailers, motor homes or pop-ups, and manufactured homes or trailers. All are regulated the same. Staff requested input from the council prior to proceeding with making changes to the current 4 January 16, 2006 ordinances. She added this item is at the request of council members McCourry and Harris. I Counci1member Harris summarized three issues: 1) storage of travel vehicles; 2) living in travel trailers; 3) and short-term guests. Considerable discussion among council included issues of whether some short-term parking should be allowed on the street and possible permit issuance for it, and size allowed. Donna added that council should consider vacant lots and whether to allow parking there. She added that she would get examples of ordinances from other cities on this subject and create a comparison table for council to consider. Executive Session convened at 9: 15 p.m. I 4.0 I EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the GOVERNMENT CODE to consult with the city attorney regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the GOVERNMENT CODE to consult with the city attorney regarding acquisition of Overlake Drive utility easements. I C. Council shall convene into a closed executive session pursuant to Section 551.074 of the GOVERNMENT CODE regarding personnel matters to wit: City Manager annual evaluation. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the GOVERNMENT CODE regarding personnel matters to wit: City Secretary annual evaluation. Reconvened Open Session at 11 :20 p.m. 4.2 A. Any action as a result of executive session regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. Not addressed. B. Any action as a result of executive session regarding Overlake Drive utility easements. No action on this item. C. Any action as a result of executive session regarding the City Manager annual evaluation. I Motion to accept amended addendum to the city manager's contract and approve a four and one-half percent salary increase. 5 January 16,2006 D. Any action as a result of executive session regarding the City Secretary annual evaluation. Motion to postpone this item to the February 6, 2006 council meeting- Marks; second by Harris; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 11: 21 p.m. APPROVED: Dillard, Mayor y of The Colony ATTEST: 6 March 20, 2006 I The approved minutes for the City Council meeting held January 16,2006 shall be amended in red as follows: Item 4.2 C. Any action as a result of executive session regarding the City Manager annual evaluation. Motion to accept amended addendum to the city manager's contract and approve a four and one-halfpercent salary increase- McCourry; second by Harris; motion passed with all ayes. This amendment to the January 16, 2006 City Council meeting minutes adding who moved and seconded the motion and the vote is hereby authorized by Council approval on this 20th day of March, 2006. APPROVED: I ~~!ty ty of The Colony ATTEST: , k~A ~) ~; LAJ~~~) C ristie Wilson, City Secretary I