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HomeMy WebLinkAbout12/01/2009 City Council December 1, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 1, 2009 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 1st day of December 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 Absent Kirk Mikulec Mayor Pro-Tem Present Perry Schrag Councilmember Present (arrived 7:10) Joel Marks Councilmember Present (arrived 7:14) And with four council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognize City Employees' 25th AnniversM- Human Resources Director and City Manager Tony Johnston introduced and recognized Library Director Joan Sveinsson and Assistant Fire Chief Van Weese for their years of service with the city. Citizen Input- Mike Lynch presented information on possible avenues available that the city could use to promote tourism, and, he voiced his opinion that the city should not spend funds to hire a city manager search firm and instead offer the position to the interim. Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Mayor McCourry announced that the U.S. Census is in the process of hiring for the upcoming census. Tony Johnston announced the upcoming holiday parade and other planned events scheduled for this Saturday. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held November 17 [Schrag absent] and November 19 [Mikulec, Schrag absent] (Wilson) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 December 1, 2009 2.2 Consider approval of a resolution approving the investment report for the quarter ending September 30, 2009 (Koo) Motion to approve-Harris; second by Marks, motion passed with all ayes. Tony Johnston thanked Finance Director Rebecca Koo for her diligent oversight of the city's investments. 3.0 REGULAR AGENDA ITEMS 3.1 Continue a public hearing, discuss and consider approving an ordinance amending the Code of Ordinances, Section 10B 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) City Planner Wes Morrison stated this item is a continuance of a public hearing from November 3, 2009. He reviewed that the city's current ordinance does not allow accessory structures in non-residential zoning districts. This request was prompted by a city department that needs a storage building but the zoning does not allow it. Based on the feedback received from the council on November 3rd Wes advised changes have been made to the draft ordinance that establishes the same standards and process for city properties as for citizens, yet allows municipal facilities to have accessory structures as long as the structure meets the development standard. If a structure does not then a special exception could be requested from the Board of Adjustment. Wes reviewed a proposed change to the use chart for accessory structures. Considerable discussion followed as to whether the city should be in a position to ask for a special exception under the same guidelines that citizens must use, or whether another process should be considered. It was noted that the ordinance that was presented previously (Nov. 3rd) included language for site plan approval, rather than special exception requests. The public hearing was closed at 8:05 p.m. It was determined that the previous ordinance should be used with a change that the city council will approve the site plans for these municipal accessory structures rather than the Planning and Zoning Commission. The city attorney will make the changes and bring back to the next meeting. Council convened executive session at 8:15 .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. 2 December 1, 2009 C. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS GOVERNMENT CODE to deliberate the offer of a financial or other incentive to a business prospect. D. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding acquisition of right of way/real property in Wynnwood Peninsula, and pending litigation in reference to Lang v. City of The Colony. Reconvene to Open Session at 9:18 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 pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. No action. C. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect. Motion to approve an incentive agreement as presented between The Colony Economic Development Corporation and Lakeland Marketing, LLC and approve a resolution authorizing the mayor to execute the agreement- Harris; second by Boyer, motion passed with all ayes. D. Any action as a result of executive session regarding acquisition of right of way/real property in Wynnwood Peninsula, and pending litigation in reference to Lang v. City of The Colony. Motion to approve a settlement in the amount of $15,941 for dismissal of Cause Number ED2005-01901, styled City of The Colony v. Langs et al, in Denton County, Texas and authorize the city manager to execute any necessary documents- Harris; second by Boyer, motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 9:25 p.m. APPROVED: J e McCou , Mayor City of The olony ATTEST: Christie Wilson, TRMC, CMC City Secretary } 3