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Home My WebLink About04/05/2011 City Council April 5, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 5, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 5th day of April 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 - Calvary Christian Center Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- David Munden announced a candidate forum to be held on April 30`x' at 10 a.m. at the Community Center. Recognize Employee of The Year- Marco Chavez was recognized as the 2010 Employee of The Year. Proclamation- Public Safety Telecommunicators Week- Proclamation was presented by the Mayor to Lise Rizzo and Melissa Cline of The Colony Police Department. Recognize Griffin Middle School Winterguard for State Competition - Students who won second place were present and were recognized by the city council. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Troy Powell announced that North Colony construction on the west side of Main Street will be open on Friday. Parks Director announced upcoming events. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held March 22, 2011 (City Secretary) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 April 5, 2011 2.2 Consider approving city council expenditures for February 2011 (City Council) Motion to approve-Connelly; second by Marais; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Receive report from Lakeside Arts Foundation on the Chalk This Way Sidewalk Chalk Art Festival (LAF/CAB Liaison) Brant Shallenburger briefly reviewed some information from the financial report for this event. Members of the Lakeside Arts Foundation reviewed the Chalk This Way activities, entries and awards. In addition, improvements for next year were summarized. 3.2 First reading and discuss an ordinance completing the proposed annexation of approximately 27.01 acres of land adjacent to the city and located within the city's extraterritorial jurisdiction, more commonly known as Water's Edge Subdivision (Development Services, All-0001) Mayor McCourry read the caption for the annexation ordinance. Development Services Director Mike Joyce asked for council to set the date for the second reading and adoption. The city attorney advised it must be finished within 90 days. Mayor McCourry asked that council address 3.7 at this time. 3.7 Discuss and consider cancelling or changing the date of the second April city council meeting (Council) Motion to cancel the second April city council meeting- Harris; second by Connelly; motion passed with all ayes. It was noted that the annexation ordinance adoption should be scheduled for the May 3`d city council meeting. 3.3 Conduct a public hearing, discuss and consider adopting an ordinance approving a site plan for The Education Center at Calvary Christian Center, located at 5022 Clover Valley Drive (Development Services, SP11-0001) Mike Joyce reviewed the specifics of this request, adding that the Development Review Committee recommended approval and the Planning and Zoning Commission had a tie vote which resulted in a denial. The city attorney explained that a super-majority vote does not apply in this instance since the request meets all the city's city code requirements. Discussion on whether this should be a variance request based on ownership of the temporary buildings followed. Mike Joyce reminded council that a similar request was approved last year for Prosperity Bank to put a temporary building on a church parking lot. The public hearing was opened at 8:06 p.m. Reverend Rick McCoy and Ramon Salinas of Calvary Christian Center spoke in favor of the approval. Mayor McCourry said he does not think it is in violation of the city's ordinances. The public hearing was closed at 8:16 p.m. Councilmember Connelly requested an executive session at 8:16 p.m. Open session was reconvened at 8:29 p.m. 2 April 5, 2011 Motion to approve- Boyer, second by Connelly; motion passed with all ayes. 3.4 Second reading, discuss and consider approving an ordinance repealing and replacing Article XI, "Signs", of Chapter 6 of the Code of Ordinances (Development Services, SI10-0013) Mike Joyce explained that this is the second reading of the ordinance. The city attorney advised the council that the restrictions on permissible length of time for displaying political signs has been removed and the city should also not limit the number of signs per lot [as it may violate the first amendment rights of residents]. Councilmember Harris said he disagrees but will vote for the approval so that he can bring the item back for discussion in the future. Motion to approve- Harris; second by Boyer, motion passed with all ayes. 3.5 First reading and discuss an ordinance amending the Code of Ordinances, Chapter 2 Administration, by adding a new Division 8, entitled "Keep The Colony Beautiful Board", which includes appointing the Community Image Advisory Board to serve in that capacity (Community Image) Iris Browder reviewed prior presentations to council on the Neighborhood Enhancement Program and Volunteer Assistance Program. She explained that in order for the city to receive corporate sponsorships for these programs there needs to be a non-profit status. Iris stated that it has been recommended that the city form a Keep The Colony Beautiful Board, with the existing Community Image Advisory Board serving in that capacity. The board has discussed the proposal. Councilmember Harris expressed that the board should be fully aware that adding this new title will not change them being only an advisory board. Council member Connelly asked whether the city will be obtaining the non-profit status or the board members. City Attorney Jeff Moore stated that Articles of Incorporation will be filed with the secretary of state for the board to be a non- profit corporation but they will act under the direction of the city council. Mayor McCourry read the caption of the ordinance. 3.6 First reading and discuss an ordinance amending the Code of Ordinances, Chapter 8 Finance and Taxation, by adding a new Article III, Sections 8-75 to 8-89 entitled "Hotel Occupancy Tax" (City Attorney) City Attorney Jeff Moore advised that the existing ordinance was not codified in to the city's Code of Ordinance. He added that if the city's population was below 35,000 the ordinance could be enforced in the city's ETJ as well. The Mayor read the caption of the ordinance. Executive Session was convened at 8:46 .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 3 April 5, 2011 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 litigation between Steve Eubanks and the City of The Colony. C. Council shall convene into a closed executive session pursuant to Section 551.071 of the TExas GOVERNMENT CODE to seek legal advice about pending or contemplated litigation or settlement offer regarding utility billing issues. D. Council shall convene into a closed executive session pursuant to Section 551.087 of the TExas GOVERNMENT CODE to deliberate commercial or financial information the city has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect. E. Council shall convene into a closed executive session pursuant to Section 551.074 (1) of the TExas GOVERNMENT CODE regarding personnel matters to wit: City Manager annual evaluation. F. Council shall convene into a closed executive session pursuant to Section 551.071 (2) and Section 551.074 of the TExas GOVERNMENT CODE to seek legal advice from the city attorney regarding city personnel matters. [Councilmember HaiTis left the meeting at 11:11 p.m.] Reconvened to Open Session at 11:13 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 litigation between Steve Eubanks and the City of The Colony. Motion to accept the settlement agreement in accordance with the terms as discussed in executive session-Boyer; second by Connelly; motion passed with all ayes. C. Any action as a result of executive session regarding pending or contemplated litigation or settlement offer regarding utility billing issues. No action. D. Any action as a result of executive session regarding economic development negotiations. No action. E. Any action as a result of executive session regarding City Manager annual evaluation. No action. 4 April 5, 2011 F. Any action as a result of executive session regarding city personnel matters. No action. And with no further business to discuss the meeting was adjourned at 11:16 p.m. APPROVED: / Joe McCo/urry, Mayor City of The Colony ATTEST: r7 r~ r L tr . ~ ,,rrfl ~ Christie Wilson, TRMC City Secretary p 5