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HomeMy WebLinkAbout01/03/2012 City Council January 3, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JANUARY 3, 2012 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 January 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present Richard Boyer Mayor Pro-Tem Present Jeff Connelly Councilmember Present David Terre 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 David Terre Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Mike Lynch asked for a council resolution or other actions speaking against the pumping of water from Lake Texoma due to the infestation there of Zebra mussels which could contaminate other public waters. He also asked for the city to initiate an arrangement with Hawaiian Falls for free passes for the military/veterans and their families, and to include businesses with water restrictions. Announcement of upcoming civic events and activities I- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held December 6, 2011 [Harris absent] (City Secretary) 2.2 Consider approving a correction to the November 15, 2011 city council meeting minutes by adding motions and votes to items 4.7 and 4.8 (City Secretary) 2.5 Consider accepting Jeff Montgomery's resignation from the Technologies Board (Council) Motion to approve above consent agenda itenis- Marks; second by Connelly; (notion passed with all ayes. These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 January 3, 2012 Councilmember Connelly requested separate discussion on item 2.3. 2.3 Consider approving an ordinance amending the municipal budget for fiscal year 2011-2012 (Finance) Finance Director David Cranford explained the reasons for the funding transfer. Motion to approve- Connelly; second by Marks; motion passed with all ayes. 2.4 pulled by Mayor McCouriy and it was not addressed. 2.4 Consider approving a resolution adopting the bylaws for Keep The Colony Beautiful Board (Perez) Councilmember Boyer requested separate discussion on item 2.6. 2.6 Consider approving council expenditures for November 2011 (Council) Councilmember Boyer suggested the charter amendment increasing the council's pay was partially to cover council member expenditures, and asked for council members to consider that when submitting reimbursement requests, and to take action on guidelines for local travel. Councilmember Harris suggested other expenditures (like food for meetings) should be reviewed as well. Motion to approve- Schrag; second by Marks; motion passed with all ayes except for Boyer who voted no. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approving a resolution authorizing the city manager to issue a purchase order for the purchase of one or more backhoes (Administration) Assistant City Manager Tod Maurina reviewed the past history of the city's backhoe equipment, including the maintenance costs currently. He said that there is tier three equipment still available (new emissions requirements will increase costs by 7-10 percent in the near future) and is recommending the city purchase at least one and possibly two new backhoes. Available funding includes $90,000 in the capital budget, remaining bond fields for vehicle replacement, auctioned vehicle proceeds, and trade in allowance for existing equipment. Motion to approve the purchase of two backhoes- Connelly; second by Schrag; motion passed with all ayes. 3.2 Conduct a public hearing, discuss, provide staff direction and/or consider proposed amendments to be included for adoption in an ordinance amending the Code of Ordinances, Article XI of Chapter 6, entitled "Signs" by addressing "Lightpost Banners" (Development Services, SBA11-0004) Development services director Mike Joyce reviewed the proposed amendments. The public hearing was opened at 7:35 p.m. Christi Martin asked whether these signs can be used for community events as well as city events. She was advised community events as well. Public hearing closed at 7:36 p.m. 2 January 3, 2012 3.3 Conduct a public hearing, discuss, provide staff direction and/or consider proposed amendments to be included for adoption in an ordinance amending the Code of Ordinances, Article XI of Chapter 6, entitled "Signs" by addressing "Specific Sign Criteria - Temporary Signs, Banner Advertising; establishing regulations for feather signs, and by adding a new definition for `Feather Sign"' (Development Services, SBA11-0005) Mike Joyce stated that is amendment will include "feather" signs as a new item. He explained the proposed size, possible uses, and duration of permit. Permit fees have not yet been determined. The public hearing was opened at 7:51 p.m. Larry Contreras of Liberty Tax stated duration of such a sign being allowed is crutial for his seasonal business. Christi Martin asked if these could be placed along major roadways, and whether there is a requirement that they be commercially made. Mr. Joyce stated no requirement listed. Public hearing closed at 7:57 p.m. 3.4 Conduct a public hearing, discuss, provide staff direction and/or consider proposed amendments to be included for adoption in an ordinance amending the Code of Ordinances, Article XI of Chapter 6, entitled "Signs" by addressing "Removal/Impoundment of Prohibited, Noncompliant and Abandoned Signs" and by adding a new definition for "Abandoned Sign" (Development Services, SBA11-0003) Mr. Joyce said the intent of this amendment is to add a definition of abandoned sign and described how they must be covered with a white board. Councilmember Harris suggested it needs to be stated definitely when that must be done. The public hearing was opened at 8:02 p.m. Christi Martin asked if this will apply to the driving range sign on F.M. 423. Public closed at 8:04 p.m. 3.5 Conduct a public hearing, discuss, provide staff direction and/or consider proposed amendments to be included for adoption in an ordinance amending the Code of Ordinances, Article XI of Chapter 6, entitled "Signs" by addressing "Enforcement Authority and Removal/Impoundment of an Abandoned or Prohibited Sign" (Development Services, SBA11-0008) This amendment will name who is responsible for the removal of signs after a tenant leaves and the timeframe. After council discussion it was generally agreed that it should be the owner/landlord of the building. Public hearing was opened and closed at 8:12 p.m. with no one wishing to speak. 3.6 Conduct a public hearing, discuss, provide staff direction and/or consider proposed amendments to be included for adoption in an ordinance amending the Code of Ordinances, Article XI of Chapter 6, entitled "Signs" by addressing "Flags and Flagpoles" (Development Services, SBA11-0002) Mike Joyce explained that the current code doesn't allow flags. He reviewed the proposed guidelines for residential and commercial, and the prior action by the Planning and Zoning Commission and the Sign Board of Appeals. It was noted that flags will not be allowed on fences. Public hearing was opened and closed at 3 January 3, 2012 8:22 p.m. with no one wishing to speak. Mayor McCourry offered his suggestions on allowable height and to remove the word "proportional". 3.7 Conduct a public hearing, discuss, provide staff direction and/or consider proposed amendments to be included for adoption in an ordinance amending the Code of Ordinances, Article XI of Chapter 6, entitled "Signs" by addressing "Garage Sale Signs" (Development Services, SBAI1-0007) Mike Joyce reviewed the current ordinance regarding garage sale signs, the proposal for unlimited signs and the reason for the proposed amendment. He noted that the Sign Board of Appeals and the Planning and Zoning Commission felt the current provisions are adequate. The public hearing was opened at 8:40 p.m. Christi Martin told the council that six signs were not enough for her recent garage sale because of her physical location in the neighborhood. Public hearing closed at 8:43 p.m. There was considerable discussion among council members as to how many signs should be allowed per home and/or per subdivision or group. Staff will review further and bring back changes. City Manager Troy Powell reminded the council that the reason for the limitations is due to the fact that city staff has to pick up the signs (because they are not collected by those who put them out) in order for the neighborhood not to look cluttered. It was suggested that a fine be put in place if a sign is not picked up by its owner. Mr. Powell added there are other ways to advertise a garage sale. Executive Session was convened at 9:OS .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 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. C. 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 Marine Quest contract amendment. D. 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 city personnel matters. E. 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. Reconvened to Open Session at 11:00 p.m. 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. 4 January 3, 2012 No action. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No addressed. C. Any action as a result of executive session regarding Marine Quest contract amendment. No action. D. Any action as a result of executive session regarding city personnel matters. No action. E. Any action as a result of executive session regarding economic incentives and negotiations. No action. And with no further business to discuss the meeting was adjourned at 11:02 p.m. APPROVED: o'er J e McCo riy, Mayor City of Tl e Colony ATTEST: { iristie Wilson, TRMC , City Secretary 5 January 3, 2012 The approved minutes for City Council meeting held November 15, 2011 shall be amended in red as follows: 4.7 City Council discuss and consider an ordinance amending the Comprehensive Zoning Ordinance and Map of the City of The Colony, Texas, as heretofore amended, by establishing a planned development district that encompasses that certain 433.81 acres of property generally located along the south side of State Highway 121 between W. Spring Creek Parkway and Plano Parkway and including a tract of land at the southwest corner of State Highway 121 and Plano Parkway; granting a variance to the regulations for the sale of alcoholic beverages with respect to said property. (Ordinance No. 2011-1927). Councilmember Boyer stated that this item is only to change the [planned development] district, not the road. Also, he noted that the meeting was publicly posted. Councilmember Connelly asked the city attorney about the timing of the agenda being posted. It was confirmed that the agenda was posted prior to 5 p.m. on November 10'1', (96 hours prior to the meeting rather than the required 72 hours) and the full packet was available by Friday morning, November 11 th. Motion to approve-- Connell),; second 11r Harris; inotion has'sed with till tiYes. 4.8 City Council discuss and consider a resolution approving bylaws for The Colony Local Development Corporation. (Resolution No. 2011-076) 1140tiorl to aphroe'e- Ilarris; seeorrd 11j, C'oerarelll motion passed with till uYes. This amendment to the November 15, 2011 City Council meeting minutes add the motions, seconds and votes to items 4.7 and 4.8, and is hereby authorized by council approval on this the 3`d day of January, 2012. APPROVED: G e McCourry ayor City of The Colony AT~EST: 6r'rstie Wilson, City Secretary ii 1:S r'.