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Home My WebLink About11/03/2009 City Council November 3, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 3, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 3rd day of November 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Mayor Pro-Tem Absent Perry Schrag Councilmember Absent Joel Marks Councilmember Present And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Veteran's Day Proclamation Certificate of Achievement for Excellence in Financial Reporting- Tony Johnston presented the award to Finance Director Rebecca Koo, and stated this is the 20th consecutive year for the city to receive the award. Citizen Input- none Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Salute to American Heroes, November 7th; City Hall closed on November 11th for Veteran's Day. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held October 20, 2009 [Harris absent] (Wilson) 2.2 Consider approval of a resolution authorizing the city manager to execute documents required for a one-year extension of the bank depository contract with JPMorgan Chase Bank (Koo) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 November 3, 2009 Motion to approve above consent agenda items- Connelly, second by Boyer, motion passed with all ayes. Mayor McCourry requested item 2.3 be discussed separately. 2.3 Consider approval of an ordinance amending the 2009-2010 Hotel Occupancy Tax Fund budget to provide funding for qualified events and projects approved by the Cultural Arts Board (Koo) Mayor McCourry asked Finance Director Rebecca Koo whether these funds would be set aside in a separate fund or a line item, and asked how the details of the expenditures will be documented. Rebecca explained that this will be a separate line item, and that with this amendment each expenditure will not be brought to council for approval. Different categories for each grant will be identified within the line item. She added that a report will be provided to the council every six months with an update of the expenditures. Motion to approve- Connelly; second by Marks; motion passed with all ayes. Councilmember Connelly requested item 2.4 be discussed separately. 2.4 Second reading and consider approval of ordinance amending the Code of Ordinances by adding Section 20-200 to Appendix A to provide for establishment of nonconforming structures and improvements on property acquired as a result or threat of eminent domain (SI09-0016, Morrison) Councilmember Connelly questioned whether an exemption versus a zoning change is better when it comes to these properties that will be affected by the widening of F.M. 423. Planner Wes Morrison advised that staff did not want to permanently exempt the properties, in the event the use changes in the future. Councilmember Boyer expressed a concern that by automatically exempting each property that becomes non-compliant there may ultimately be some existing businesses, for example, that end up with small parking areas or no landscaping. It was noted that if a safety hazard exists, such a signage, those issues will be corrected. City Attorney Bob Hager read the caption. Motion to approve- Connelly; second by Marks; motion passed with all ayes. At this time Mayor McCourry advised those in attendance that Councilmember Schrag was absent attending the ICSC show with the EDC Director, and Councilmember Mikulec was away on business. 3.0 REGULAR AGENDA ITEMS 3.1 Receive presentation from Texas Parks and Wildlife and discuss urban wildlife affecting the city (Johnston) Urban Wildlife Biologist Jessica Alderson with the Texas Parks and Wildlife made an informative presentation on wildlife that may be present in urban areas from time to time. Recent sightings of a bobcat in the westerly areas of town prompted this presentation. Ms. Alderson provided general information on bobcats such as physical characteristics and diet, adding that it is unlikely they would attack humans. She provided information on how to react should someone 2 November 3, 2009 see one, and to report any unusual or aggressive behavior to the Animal Control or the DFW Wildlife Coalition. She added that public education, a wildlife feeding ordinance, aversive conditioning, and removal as a last resort are options for the city in dealing with the issues. 3.2 Conduct a public hearing, discuss and consider approving an ordinance amending Section 1OB- Regulations and Design Guidelines for Accessory Structures regarding the use of accessory structures regardless of the zoning district for municipal properties only (SI09-0014, Morrison) Wes Morrison reviewed the current ordinance regarding accessory structures, which does not allow them in non-residential zoning districts. Municipal facilities are not specifically addressed in the existing ordinances and this ordinance makes a special exception so that city departments have a way to store certain items. The Fire Chief explained he applied for a cargo container permit for Fire Station 2. Storage is limited and there is a need to have an area to store environmental materials, however cargo containers are not allowed at all by ordinance. The public hearing was opened at 8:05 p.m. Assistant City Manager Greg Vick provided additional information as to the process that would still require a site plan and P&Z approval. Mayor McCourry asked Wes whether the intent is to grandfather existing structures or require compliance. Wes replied staff had not planned to review existing structures unless council desires they do so. Discussion of the issues and procedures for types of storage structures followed. Bob Hager suggested that council table this item and continue the public hearing until another date. In the meantime council can submit their comments to the attorney for some revisions to the proposed ordinance. Motion to table this item and continue the public hearing to the first meeting in December- Harris; second by Boyer; motion passed with all ayes. 3.3 Discuss and consider adopting a resolution casting votes for candidates to serve on the Denton Central Appraisal District Board of Directors (Council) Motion to cast the city's votes for Michael Roe- Harris; second by Connelly, motion passed with all ayes. Executive Session was convened at 8:37 .m. 4.0 EXECUTIVE SESSION 4.1 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 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 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. 3 November 3, 2009 C. 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, and duties of the city attorney. Reconvened to Open Session 9:20 pm. 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 discussed. B. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not discussed. C. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, and duties of the city attorney. No action. And with no further business to discuss the meeting was adjourned at 9:20 p.m. APPROVED: e McCo , Mayor City of The olony ATTEST: ]A X L' - 0 1,"" C st e Wilson, TRMC, C City Secretary 4