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Home My WebLink About03/22/2011 City Council March 22, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 22, 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 22nd day of March 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 Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with seven council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Mayor read written comments from Ron Rutkowski regarding speeding on Main Street. Announcement of upcoming civic events and activities Along with the Library Director's update of Library activities, she introduced members of the Teen Advisory Panel. Parks & Recreation announced upcoming events. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held March 1, 2011 and March 11, 2011 (City Secretary) 2.2 Consider approving an ordinance amending fiscal year 2010-2011 Special Events Fund budget to provide additional funding for the Pirate Days Festival (Finance) 2.3 Consider adopting a resolution in support of the application of the proposed QuickTrip Store No. 920 to the Texas Commission on Environmental Quality for a Municipal Setting Designation for the property at 101 F.M. 423 in Little Elm, Texas (SI11-0005, Development Services) 2.4 Consider accepting Aaron Barney's resignation from the Board of Adjustment (Council) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 March 22, 2011 2.5 Consider approving the Cultural Arts Board Bylaw amendments (CAB Liaison) Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct the second public hearing, discuss and consider the Service Plan and set the dates for the first and second readings for the adoption of the ordinance completing the proposed annexation of approximately 27.01 acres of land adjacent the city and located within the city's extraterritorial jurisdiction, more commonly known as Water's Edge Subdivision (A11-0001, Development Services) Director Mike Joyce reviewed the prior action on this matter, including the annexation agreement and service plan. The public hearing was opened and closed at 7:27 p.m. with no one wishing to speak. Mr. Joyce went on to say the first reading of the annexation ordinance is set for April 5, 2011 and would like council to determine what date they would like the second reading and approval. After a brief discussion, direction was provided to hold the second reading at the second April city council meeting. 3.2 Second reading, conduct a public hearing, discuss and consider approving an ordinance amending the Code of Ordinances, Section 10B, "Accessory Structure Regulations", of Appendix A, Comprehensive Zoning Ordinance (SI11-0001, Development Services) Mike Joyce reviewed some revisions made as a result of council direction during the first reading of the ordinance. Specifically this was regarding portable on demand (POD) storage to allow their use for a longer timeframe when used for construction purposes. In addition, a new Section 1013-1400(c) was included to allow use of these containers for construction purposes with a building permit in effect. Mr. Joyce also presented some additional language in Sections 10900(d) and 1000(d) which added "so long as no water runoff is allowed to encroach on any adjacent property" (Setback fi°om property lines). The public hearing was opened and closed at 7:39 p.m. with no one wishing to speak. Motion to approve by modifying the language in 10900(d) and 1000(d) to include "so long as no water runoff is allowed to encroach on any adjacent property"- Harris; second by Marks At this time Councilmember Connelly and Mayor McCourry expressed a desire not to prohibit screened in porches. It was decided that staff would research more and come back to council at the next meeting with an amendment allowing them. Motion passed with all ayes 2 March 22, 2011 3.3 First reading, conduct a public hearing and discuss an ordinance amending the Code of Ordinances, Chapter 6, Article XI, "Signs" (SI10-0013, Development Services) Mike Joyce explained that the ordinance has been reformatted to a more logical and user friendly order. He specifically reviewed some changes to the monument sign requirements, and the addition of allowing changeable electronic reader boards with certain restrictions. Banners will be allowed on building face only, except with a minimum 25' setback. Removing the allowable timeframe is a change to the section on political signs. Considerable discussion followed as to the size and number of political signs allowable. City attorney Ed Voss indicated the ordinance can't be more restrictive for political signs than for other signs. He advised more research will be done and brought back for the second reading. Councilmember Connelly asked whether F.M. 423 signage is being addressed differently [due to impending construction]. It was noted that the city is planning to provide some signage for the businesses. The possibility of directional signage for S.H. 121 toll way for local businesses was briefly discussed. Street corner signs will not be allowed, however, the city is planning to install "wayfarer" signs. The public hearing was opened and closed at 8:09 p.m. with no one wishing to speak. 3.4 Discuss and consider approving a resolution awarding bids and authorizing the city manager to issue appropriate purchase orders for mowing city properties and parks (PARD/Purchasing) Parks Director Pam Nelson reviewed the bids received and staff's recommendation for contracting with SLM Landscape and Maintenance for everything except the mowing and trimming of the parks, and Summerset Landscape and Maintenance for the parks. Both were low bidders. Motion to approve- Connelly; second by Harris; motion passed with all ayes. 3.5 Discuss and consider approving a resolution granting a special exemption to the Code of Ordinances, Section 6-192(c)(2) to allow use of amplified music at the Five Star Complex from 10 p.m. May 6th until 7 a.m. May 7th, 2011, during the Relay for Life special event (PARD) Pam Nelson reviewed a request from the American Cancer Society to hold a fundraising event at Five Star, which includes audible music being played around a walking track during the nighttime hours when the city's noise ordinance is in effect. She reviewed the site plan for the event, adding that neighbors in the area were contacted and no opposition was voiced for the event. The event was previously held in Carrollton. Beth Wagstaff was present to explain that it is a family oriented event, and, that the music helps to keep the walkers motivated. Motion to approve- Harris; second by Miknlec; motion passed with all ayes. 3.6 Receive presentation and discuss the implementation of the Home Exterior Rehabilitation Program and Keep The Colony Beautiful 501(c)(3) program (Community Image) 3 March 22, 2011 Joe Perez, Community Image Officer, explained the purpose and parameters of the program, the applicant review process, incentive schedule and awards. He added that there is no stipulation as to length of home ownership to be an applicant. There is currently $5,000 available for funding. At this time he requested the program be put on hold until next year when more funding can be identified. The associated volunteer program will be implemented first. Councilmember Schrag suggested staff check with other cities that have done similar programs. Mr. Perez went on to say that if the city receives a 501c(3) designation it will make the city eligible for certain grants and corporate donorships in order to promote beautification. He suggested that the Community Image board be appointed as a Keep The Colony Beautiful board. Executive Session was convened at 8:41 .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 Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding Hotel Occupancy Tax funds. C. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: Municipal Court Judge evaluation. D. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. Reconvened to Open Session at 7:12 p.m. 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. No action. B. Any action as a result of executive session regarding Hotel Occupancy Tax funds. No action. C. Any action as a result of executive session regarding Municipal Court Judge evaluation. No action. D. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. 4 March 22, 2011 And with no further business to discuss the meeting was adjourned at 10:52 p.m. APPROVED: J e McCot , mayor ity of Th Colony ATTEST: i , to Christie Wilson, TRMC - City Secretary'' 3 e 5