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Home My WebLink About01/04/2011 City Council January 4, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON January 4, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:12 p.m. on the 4th day of January 2011, 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 Mayor Pro-Tem Absent Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Absent 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 Recognition of Stephanie Aceves for Wilcox Park donation - Stephanie Aceves presented Park Development Manager Keith Helms with a check for $1772.00 for Wilcox Park improvements. Citizen Input - none Announcement of upcoming civic events and activities - Library Director Joan Sveinsson discussed the various programs available. The programs include preschool story time, teen groups, English as a second language classes, home buying and selling seminars plus man more activities. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held December 21, 2010 [Harris and Mikulec absent] (City Secretary) 2.2 Consider approving council expenditures for November 2010 (Council) 2.5 Second reading and consider approving an ordinance amending the Code of Ordinances by repealing and replacing Chapter 2 Article II Boards and Commissions and Chapter 11 Libraries, to consolidate all advisory boards into Chapter 2 and update board requirements (City Secretary) Motion to approve above consent agenda items - Schrag; second by Mikulec, motion passed with all ayes. Councilman Schrag asked for items 2.3 2.4 and 2.7 to be discussed separately. Mqyor McCourry requested item 2.6 be discussed separately. 2.3 Second reading and consider approving an ordinance amending the Chapter 6 of the Code of Ordinances, Section 6-78 (Premises identification) to include 1 January 4, 2011 verbiage from Section 18-1 (Street numbering of buildings) (SI10-0011, Community Image) Councilman Schrag verified that the numbering was not a new regulation and the how this requirement would be enforced. Director of Managed Competition Tim Miller stated that citizens would be notified prior to full enforcement of this and other property related code violations. Motion to approve - Schrag; second by Harris, motion passed with all ayes. 2.4 Second reading and consider approving an ordinance amending the Chapter 6 of the Code of Ordinances, by repealing Section 6-194 in its entirety and replacing it with a new Section 6-194 entitled "Duty to maintain property in a sanitary condition"; by amending Section 6-199 "Responsibility for maintenance" where duplicated subsections will be deleted and the verbiage combined (SI10-0010, Community Image) Councilman Schrag suggested that "brush" be added to Section D to make it consistent with Section B. Motion to approve with the suggested amendment - Schrag; second by Harris; motion passed with all ayes. 2.6 Consider approving a resolution repealing the Lakeside Arts Center Use Policy, resolution number 08-105 (Council) David Willis, Artistic Director of the Lakeside Community Theater, wished to read a statement on behalf of the Lakeside Community Theater stating the group's positive impact on the community and Lakeside Arts Center. Motion to approve - Harris; second by Boyer, motion passed with all ayes. 2.7 Consider approving a resolution authorizing the city manager to execute a contract with Backflow Solutions, Inc. for the purpose of managing commercial backflow prevention devices in the city (Utilities) Councilman Schrag asked what the actual cost of the backflow prevention inspection was to the city. Public Works Director Tod Maurina stated the $50.00 charge is a reduced amount from last year's fee. Since it is a new program, the cost is unknown. Councilman Schrag requested the program cost be evaluated in six months to determine the actual cost. He did not want to see a state mandated program be used as a revenue source. Motion to approve - Boyer; second by Mikulec; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss, and consider an ordinance approving a revised site plan for the Race Trac gas station and convenience store located on the southeast corner of F.M. 423 (Main Street) and Friendship Lane (SP10-0009, Planning) Development Services Director Mike Joyce gave an overview of the project. Mayor McCourry opened and closed the public hearing at 7:52 pm with no one wishing to speak. 2 January 4, 2011 Motion to approve- Harris; second by Schrag; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider an ordinance approving a site plan for Prosperity Bank located on the northeast corner of F.M. 423 (Main Street) and Friendship Lane (SP10-0011, Planning) Development Services Director Mike Joyce gave an overview of the project. Mayor McCourry opened and closed the public hearing at 7:54 pm with no one wishing to speak. Motion to approve- Harris; second by Mikulec; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider an ordinance approving a site plan for a T-Mobile roof-mounted communications antenna to be located at 6805 Windhaven Parkway (SP10-0013, Planning) Development Services Director Mike Joyce gave an overview of the project. Mayor McCourry opened and closed the public hearing at 7:57 pm with no one wishing to speak. Motion to approve- Schrag; second by Boyer, motion passed with all ayes. 3.4 Conduct a public hearing, discuss and consider an ordinance approving a Specific Use Permit to allow a temporary concrete batch plant within an industrial zoning district located northeast of F.M. 423 (Main Street) and Overlake Drive on approximately two (2) acres, commonly known as 4720 Overlake Drive (SUP10-0004, Planning) Development Services Director Mike Joyce gave an overview of the project. Mayor McCourry opened and closed the public hearing at 8:00 with no one wishing to speak. Councilman Mikulec confirmed a flag person would assist with the construction traffic as trucks enter and leave the site. Councilman Harris asked about the environmental safety measures in place to prevent concrete run off. Director of Engineering Gordon Scruggs explained the safety controls and inspection schedule to insure the controls were followed. Motion to approve- Boyer, second by Shrag; motion passed with all ayes. 3.5 Receive presentation on the city's past and current thoroughfare improvements with current funding status (Johnston) Assistant City Manager Tony Johnston presented a status report on thoroughfare improvements. He included past, current and future expansion and sources of funding. No action was taken. 3.6 Discuss Denton County Days 2011 agenda for appointments with legislators and determine who will attend (Council) The Council discussed the Denton County Days event and who would be representing the city. Motion to send City Manager Powell, Mayor McCourry, Mayor Pro Tem Connelly and Councilman Harris as representatives- Schrag; second by Mikulec; motion passed with all ayes. 3 January 4, 2011 Executive session was convened at 8:55 .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 litigation between John McDonald and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.074 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding the employment, evaluation, reassignment, or duties of the assistant city manager. Reconvene to Open Session at 9:25 pm. 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. Not discussed. B. Any action as a result of executive session regarding the employment, evaluation, reassignment, or duties of the assistant city manager. Motion to approve a consulting contract as discussed- Boyer; second by Mikulec; motion passed with all ayes. "Pursuant to the Texas Open Meetings 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 9:26 p.m. APPROVED: Cou M ayor The Colony fici ATTEST: Christie Wilson, TRMC 4 City Secretary 4