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Home My WebLink About06/04/2007 City Council -- .:....} ,-., ,~.... CI~ June 4, 2007 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 4, 2007 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 4th day of June 2007, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Councilmember Councilmember Mayor Pro-tern Councilmember Present Present Present Present Present Absent (business) Present(arrived 7: 17 p.m.) And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Lisa Backmon asked the council for a solution to a traffic issue on Memorial Drive as it crosses Paige Road and narrows to one lane. Announcement of upcoming civic events and activities 1_ Gordon Scruggs reviewed the history of droughts in our area and advised that currently we are out of the severe drought category. He reviewed the local water reservoir levels and the area water restrictions. Most of The Colony is currently in Phase I: Voluntary Water Awareness. Outdoor use is encouraged two days per week. The Austin Ranch East area of The Colony continues under Phase III: Mandatory Water Waming with more stringent guidelines. I 2.0 l CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held May 21, 2007 (Kelly) 2.2 Consider acceptance of the resignation of Donald LaClair from the Cultural Arts Board (Council) 2.3 Consider approval of a resolution authorizing the city manager to execute the Personal Services Agreement for park attendant services at Stewart Creek Park (Nelson) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. ... ',-.} ,," c) ~) June 4, 2007 Motion to approve- McCourry; second by Marshall; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS 3.1 Discuss and consider approval of a Governmental Sign Policy (Nelson) Community Services Director Pam Nelson advised that due to the Parks & Recreation Department having many reasons to place signs around the city, she is proposing this policy to make allowances for specific types of signs that would not be included in the sign ordinance. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.2 Conduct a public hearing, discuss, and consider approval of an ordinance amending Chapter 6, Article II of the Code of Ordinances as it relates to the sign ordinance (SI06-0020, Bateman) Development Services Director Donna Bateman explained that the current sign ordinance is primarily "content based" and on the advice of legal council, this revision is proposed. She reviewed the recommendations for permanent signs, temporary signs, and prohibited signs. Donna added that as F.M. 423 is widened, those businesses having to move their existing signs to another location will be allowed to do so. Public hearing was opened at 7:55 p.m. The Sary Benzvi, leasing agent for the Colony Square Shopping Center at 5000 Main, addressed the council about this area. He stated that the shopping center is actually located on five lots and therefore has a problem with the restriction of signage for the tenants who don't have frontage. Also, a representative with Pizza Inn, Darrell Smith, said that they plan to open a restaurant in this shopping center but the existing sign blocks the view of their location. They would like to have it relocated. Discussion with the city attorney (David Dodd) resulted in a suggestion for council to approve section 6-25 of the proposed ordinance. However, it was noted that "Board of Adjustment" in the section needs to be changed to "Sign Board of Appeals". Approval of this section would allow the shopping center to proceed with an appeal regarding the referenced signage. Kevin Bowen with the Colony-Courier Leader questioned whether the sign restrictions would affect them since the proposed ordinance doesn't allow for signage for businesses outside the city. Mayor Dillard advised since they actually do operate within the city this should have no affect on them. The public hearing was closed at 8: 15 p.m. After considerable discussion, the following will be reviewed by the city attonrey and staff to bring back to the council: political signage restrictions, definitions and locations (Mikulec, Marshall, McCourry); banners should be left at 80 square feet (Harris); revise menu board size to agree with largest in existence (Marks, Harris). City manager Dale Cheatham asked council members to individually send him any other suggestions they have. Motion to approve section 6-25 only with a change from Board of Adjustment to Sign Board of Appeals- Harris; second by Mikulec; motion passed with all ayes. 2 - f n . . L C',') '-i u 1. June 4, 2007 3.3 Discuss and consider approval of an ordinance amending Chapter 12, Article IX of the Code of Ordinances removing the requirement of annual testing of backflow devices on residential properties (SI07-0003, Bateman) Donna Bateman reviewed the changes in the backflow ordinance that eliminate the annual testing requirement for residential. The ordinance continues to require backflow devices on new installations of irrigation systems. Commercial devices will still require annual testing. A registered backflow prevention tester can perform the tests and file results with the city. Vacuum breakers will be provided to residents upon request. Citizen John Harton asked the council to reconsider having Home Owners Associations (HOA) be considered "commercial". He said they are not classified as a business in any way. Some of the areas are very small and there are many irrigation systems in the HOA greenbelt areas. Motion to approve and change Home Owners Associations to be considered "residential" for the purpose of this ordinance- Harris; second by McCourry; motion passed with all ayes except for Marks who voted no. 3.4 Discuss and consider possible adjustments to backflow prevention inspection fees and authorize a resolution amending the 2006-2007 Master Fee Schedule (SI07-0002, Bateman) Backflow testing fees for residential were removed from the city's fee schedule. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.5 Discuss and consider authorizing the Cultural Arts Board to proceed with a benefit arts event with Dancers Against Cancer (Margolis) Liz Ripperger representing the Cultural Arts Board explained this program to the council, adding that performance fees would be donated to charity. After confirmation from the city attorney (David Dodd) that the funds needed to proceed could be taken from the Hotel Occupancy Tax fund, the following motion was made. Motion to authorize up to $3,000 from the HOT funds for this program- Harris; second by Mikulec; motion passed with all ayes. 3.6 Receive presentation, discuss, and take appropriate action concerning a city logo (Council) Citizen Tony Seiler had been requested to make a presentation to council regarding city logos. His comments included possibly putting both words (The Colony) on the same line, making "The" larger and with font matching "Colony", and placing the logo on water towers that can be easily seen by on-coming traffic. 3 ',,r~, . . i,f.i) d June 4, 2007 Citizen Joan Lux offered information regarding the proper direction of the sail on a sailboat. After considerable discussion council requested that David Swain, who created the website design, come up with another idea that was circular, with words and without that could be used to identify the city in an abbreviated fashion. No decisions will be made by council until some additional ideas are presented. 3.7 Discuss and consider approval of a resolution authorizing the city manager to execute an agreement with Western Enterprises for production of the 2007 Liberty By The Lake fireworks show (Swain) Motion to approve- McCourry; second by Harris; motion passed with all ayes. 3.8 Discuss and consider approval of a resolution authorizing the city manager to execute a contract with Layne Christensen Company to remove, inspect, and provide estimates for repairs to City Well #3 (Maurin a) Utilities Superintendent Todd Maurina advised the council that a problem with Well Site #3 was recently discovered and this contract is to remove, inspect and provide estimates for repair. Motion to approve- Harris; second by Marshall; motion passed with all ayes. 3.9 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering services contract with Kimley-Horn Associates, Inc. for design services to provide disinfection facilities for potable water supply at Wynnwood Peninsula Pump Station (Maurina) Todd Maurina explained that current low demand at the pump station results in disinfection additives becoming depleted. This contract provides for design services for disinfection facilities that will correct the situation. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. 3.10 Discuss and consider authorizing reimbursement to the Skinner Family Revocable Living Trust for water and drainage infrastructure installed by developer (Johnston) This item was pulled from the agenda by Mayor Dillard and was not discussed. Executive session convened at 10:30 p.m. 14.0 I EXECUTIVE SESSION 4.1 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 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 TEXAS GOVERNMENT CODE to consult with the city 4 \; ,1 p.. ;.2 .. }. ., June 4,2007 attorney regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. C. 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 pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Reconvene to Open Session 11 :05 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. No action. B. Any action as a result of executive session regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. No action. C. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. No action. And with no further business to discuss the meeting was adjourned at 11 :05 p.m. APPROVED: B' 7!1 _ _~ l;{)~ Christie Wilson, TRMC, City Secretary 5