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Home My WebLink About03/06/2012 City Council March 6, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 6, 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 6th day of March 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 Absent Perry Schrag Councilmember Present Joel Marks Councilmember Present (7:01) 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 Proclamation - Mayor McCourry presented a 100`x' Anniversary proclamation to the Girl Scout Service Unit 404. Citizen Input- none Announcement of upcoming civic events and activities: None (Library Director unavailable. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of city council meetings held February 21, 2012 (City Secretary) 2.2 Consider approving city council expenditures for January 2012 (Council) Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss, and consider an ordinance approving a special exception to the Architectural Standards of the Zoning Ordinance for the use of stucco as an alternate exterior material for The Chapel at the Villa wedding facility, located on the south side of Stone Creep Drive, approximately 750 feet east of Cascades Court. The special exception is requested to Section 17-106.1, Site Design, Exterior Walls of the Zoning Ordinance (Development Services, SE11-0001) Planning Director Mike Joyce advised that this is a special exception request to allow stucco as an alternate exterior material for this building, which is not included as an approved exterior material in the Gateway Overlay District. He stated that surrounding buildings in this development have stucco exteriors as 1 March 6, 2012 well. The Development Review Committee and the Planning and Zoning Commission recommended approval. The public hearing was opened at 7:12 p.m. Joyce Fulco told the council that the rendering of the proposed building looks nice and that she is in favor of it. The public hearing closed at 7:13 p.m. Councilmember Connelly noted that stucco exterior is becoming more common and wondered why it is not included in the plan. Mr. Joyce responded by saying that is under consideration. City Manager Troy Powell stated that both hotel managers in the area are in favor of the facility. Motion to approve- Marks; second by Harris; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider an ordinance approving a Development Plan for The Chapel at the Villa wedding facility, located on the south side of Stone Creek Drive, approximately 750 feet east of Cascades Court (Development Services, SP11-0009) Mr. Joyce reviewed the development/site plan for this establishment, including square footage, location, landscaping, and parking requirements. The Development Review Committee and the Planning and Zoning Commission recommended approval. The public hearing opened and closed at 7:20 p.m. with no one wishing to speak. Motion to approve- Boyer; second by Connelly; motion passed with all ayes. 3.3 Second reading, conduct a public hearing, discuss and 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 adding a new subsection 6-2620), entitled "Flags and Flagpoles," establishing regulations for flags and flagpoles and by amending Section 6-263, entitled "Definitions," by adding a new definition for "Flagpole" (Development Services, SBA11-0002) Mr. Joyce reviewed the changes in the proposed ordinance language since presented to the council in January. He explained that for flagpoles 20' in height or less, no permit or fee would be required. The limit for residential would be 35' in height and commercial can be up to 75', depending the on the number of stories of the building. Flags in residential areas may be placed in ground or attached to the primary structure; none are allowed on fences or trees. Included in the proposed language is that flags may not be "painted" on fences, and that professional installation is required if the pole is over 20'. There was considerable discussion both these issues and staff will review them further. Mr. Joyce added that this ordinance does not include temporary flags. The public hearing was opened and closed at 7:35 p.m. with no one wishing to speak. 3.4 Second reading, conduct a public hearing, discuss, and 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 6-261(a), "Specific Sign Criteria- Temporary Signs, Banner Advertising a Commercial Use;" by establishing regulations for feather signs 2 March 6, 2012 by adding subsection 6-261(j), "Specific Use Criteria- Temporary Signs, Feather Signs:" and by amending subsection 6-263, entitled "Definitions," by adding a new definition for "Feather Sign" and by revising the definition of "Wind Devices" (Development Services, SBAII-0005) Mr. Joyce reviewed the changes in the proposed ordinance language since presented to the council in January. The number of feather signs allowable per business location has been reduced, and they may not be displayed concurrently with a banner. Councilmember Harris asked about a penalty clause. City Attorney Jeff Moore said that will be included in the final ordinance; the violator will be the property owner. The public hearing was opened and closed at 7:41 p.m. with no one wishing to speak. 3.5 Discuss and provide direction to staff regarding the City of The Colony 35th Anniversary proposed plans, logo design, and budgeting for related expenditures, and consider approving a resolution authorizing official city logo modification as appropriate (City Manager) City Secretary Christie Wilson reviewed the recommendations of a committee made up of city employees regarding ways to recognize the city's 35"' anniversary in 2012. Also presented were two proposed anniversary logos. The city council selected logo Option A which depicted a variation of the official city logo. Based on that selection the council needed to approve a resolution authorizing that variation. Also, council provided direction to the city manager that funding up to 58,000 can be used for the anniversary activities at his discretion. Citizen Joyce Fulco asked the council what is the purpose of this project and whether the city would do again next year or the following years. Citizen Yolanda Murray spoke in favor and asked that something be included that would involve school children. 1111otion to approve a resolution to use Option A [as the anniversary logo]- Harris; second by Connelly; motion passed with all ayes. Convened Executive Session at 8:11 .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 551.087 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). C. 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. 3 March 6, 2012 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, duties or discipline of the assistant city manager of operations. Reconvened to Open Session at 9:20 p.m. 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. I move to ratify and approve the Mediated Settlement Agreement, dated February 22, 2012, settling all (natters in dispute between the city and Mr. John McDonald and his son Patrick Tucker McDonald, and I further move to authorize the city manager and/or city attorney's office to execute any and all documents related thereto- Marks; second by Connelly; motion passed with all ayes. B. Any action as a result of executive session 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). No action. C. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. D. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, duties or discipline of the assistant city manager of operations. No action. And with no further business to discuss the meeting was adjourned at 9:23 p.m. APPROVED: Jo cCourry, ayor ty of The Colony ATTEST: T: . 4 l ~ kg Y+ //fin/v// ;J~'}. •`i/ Christie Wilson, TRMC City Secretary r4 4