HomeMy WebLinkAbout02/21/2012 City Council
February 21, 2012
MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
FEBRUARY 21, 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 21st day of February 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 Councihmmber Present
David Terre Councilmember Present
Perry Schrag Councilmember Present
Joel Marks Councilmember Present (8:50 p.m.)
And with six 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
Citizen Input- Christi Martin expressed her thanks to the CVB staff, David Swain,
and David Terre for their help promoting the arts.
Announcement of upcoming civic events and activities l- Presentation from Parks
and Recreation regarding upcoming programs, events, and activities.
Councilmember Terre stated that the Library's 30"' Anniversary events were very
successful, including the tours.
20 CONSENT AGENDA
2.1 Consider approval of minutes of council meetings held February 7, 2012
[Schrag, Marks & Harris (WS)] (City Secretary)
2.2 Consider approving a resolution suspending the March 6, 2012 effective date
of Atmos Energy Corporation rate change (Finance)
2.3 Second reading and consider an approving an ordinance amending the Code
of Ordinances, Appendix A, entitled "Board of Adjustment," Sections 21-100
to 21-104; and establishing regulations for the amortization of
nonconforming uses (Development Services, SI11-0025)
I These items are strictly public service announcements. No action will be taken and no direction will be given
regarding these items.
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February 21, 2012
Motion to approve- Harris; second by Schrag; motion passed with all ayes.
Mayor McCourry stated he was going to re arrange the items on the agenda,
3.0 REGULAR AGENDA ITEMS
3.2 Discuss and consider approving a donation to the American Legion to assist
with funding The Colony High School JROTC Drill Championship Meet
scheduled for February 25, 2012 (Finance)
Assistant City Manager Tim Miller told the council that if they decide to make
this donation the $2,000 requested could come from Hotel Occupancy Funds.
American Legion Post Commander Mike Miller was available for questions. City
attorney Jeff Moore told the council that any motion should include that the funds
shall come from HOT fluids, can be used for the trophies, and the receipts should
be turned in to the city. Councilmember Terre stated there should be 13 schools
in attendance.
Motion to approve using HOT fiends and with receipts being submitted- Harris; second
by Connelly; motion passed with all ayes.
Councilmember Connelly thanked the American Legion for their service to the
city.
3.3 Discuss and consider approving a resolution awarding a bid and authorizing
the city manager to execute a contract, including two bid alternates, for
construction of the Phase 1 Erosion Control Project along Stewart Creek
Tributary 1 in Bill Allen Park, with funding provided by the Community
Development Corporation (Engineering)
City Engineer Gordon Scruggs stated this item is to construct erosion control
within the creek and floodplain, and includes the installation of a free span bridge
along the trail within the park. The design for the project was funded by the
Storm Water Utility Fund. The low bidder on the project was 2L Construction at
$196,222 and includes alternates of Buffalo Sod and Ipe wood decking for the
bridge. The Community Development Corporation approved funding for this
project.
Motion to approve- Schrag; second by Boyer; motion passed with all ayes.
3.1 Receive presentation and discuss semi-annual Cultural Arts Board activity
report (CAB Liaison)
Kathy Costa and Joan Lux of the Cultural Arts Board reported to the council that
they are currently reviewing grant applications. The events planned for 2012
include mini-events, with the first being held March 23 with a swing dance band.
Later this year there will be a film festival and a city choir event around the
Christmas holidays. Currently there is an art exhibit project where local artists
have their works displayed in local businesses. Other activities for the board
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February 21, 2012
include partnering with the Library board on some events, creating a data base for
arts volunteers, developing a brochure, and designing letterhead for the board.
3.4 Second reading, conduct a public hearing, discuss, provide staff direction
and/or consider proposed amendments to be included for adoption in a
future ordinance amending the Code of Ordinances, Article XI of Chapter 6,
entitled "Signs," by replacing subsection 6-255(a), entitled
"Removal/Impoundment of Prohibited, Noncompliant and Abandoned
Signs;" establishing regulations for the removal and/or impoundment of
prohibited, noncompliant and/or abandoned signs; and by amending Section
6-263, entitled "Definitions," by adding a new definition for "Abandoned
Sign" (Development Services, SBA 11-0003)
Senior Planner Brooks Wilson reviewed the proposed language changes and the
added definition. The public hearing was opened at 7:27 p.m. Liz Ripperger
asked if existing businesses will be grandfathered. The public hearing closed at
7:28 p.m. Discussion followed regarding the issue of having the old language on
a sign completely obscured (covered) if partially abandoned. Jeff Moore will add
language to clarify. Ms. Brooks clarified that this and the next two agenda items
are portions of the sign ordinance. The entire revised ordinance will come back to
council for final approval.
Alotion to approve with the modification to have [the old business name completely
non-visiblej- Harris; second by Connelly; motion passed with all ayes.
3.5 Second reading, conduct a public hearing, discuss, provide staff direction
and/or consider proposed amendments to be included for adoption in a
future ordinance amending the Code of Ordinances, Article XI of Chapter 6,
entitled "Signs," by replacing subsection 6-262(b), entitled "Lightpost
Banners;" and establishing regulations for banners to be placed on lightposts
(Development Services, SBAII-0004)
Ms. Wilson reviewed the changes for the lightpost banners section of the
ordinance. The public hearing was opened and closed at 7:34 p.m. with no one
wishing to speak. Discussion of whether the homeowners associations should be
the final authority for signage on privately owned lightposts. The city attorney
advised that other sections of the sign ordinance address prohibited uses.
"Commercial" use was also clarified to mean "space sold" on the banners (not
allowed) and "commercial" does not apply to the HOA's use of the banners.
Motion to approve- Terre; second by Harris; motion passed with all ayes.
3.6 Second reading, conduct a public hearing, discuss, provide staff direction
and/or consider proposed amendments to be included for adoption in a
future ordinance amending the Code of Ordinances, Article XI of Chapter 6,
entitled "Signs," by revising subsection 6-254(c), entitled "Enforcement
Authority" and revising subsection 6-255(a)(1), entitled
"Removal/Impoundment of an Abandoned or Prohibited Sign" (SBAI1-
0008)
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February 21, 2012
Council requested language is included in this revised sections. The sections were
reviewed by Ms. Wilson, and she further noted an additional section that staff
recommended. This section adds that the city reserves the right to deny new sign
permits to anyone found to repeatedly violation the provisions of the ordinance.
The public hearing opened at 7:42 p.m. Christi Martin requested a specific sign
[on Main Street] be included for enforcement. Public hearing closed at 7:43 p.m.
Motion to approve- Harris; second by Connelly;
Councilmember Schrag asked whether the staff addition should clearly state that
permits will be issued once violations are resolved.
Motion passed with all ayes.
Adiourned for executive session at 7:47 .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 551.074 of the TEXAS GOVERNMENT CODE regarding personnel
matters to wit: City Secretary annual evaluation.
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 551.074 of the TEXAS GOVERNMENT CODE to deliberate the
appointment, employment, evaluation, reassignment, discipline or duties of
the city manager.
E. Council shall convene into a closed executive session pursuant to
Section 551.087 of the TEXAS GOVERNMENT CODE to deliberate regarding
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(s).
F. 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 9:50 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.
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February 21, 2012
B. Any action as a result of executive session regarding the city secretary
annual evaluation.
Motion to approve contract amendment as was discussed in executive session- Boyer,
second by Connelly; motion passed with all ayes.
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 the appointment,
employment, evaluation, reassignment, discipline or duties of the city
manager.
No action.
E. Any action as a result of executive session regarding the offer of a
financial or other incentive to a business prospect(s).
No action.
F. Any action as a result of executive session regarding the purchase,
exchange, lease, or value of real property.
No action.
And with no further business to discuss the meeting was adjourned at 9:52 p.m.
APPROVED:
X J e McCour , Mayor
City of The Colony
ATTEST:
`j
Christie Wilson TRMC~'`~
`t
City Secretary r1l Mir ~A1
i`
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