The URL can be used to link to this page

Home My WebLink About04/03/2012 City Council April 3, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 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 April 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 Scluag 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 - Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognize The Colony Shock as the TAAF U-10 Division 11 Girls Basketball Team State Champions Mayor McCourry presented certificates to the players. Proclamations- Holocaust Days of Remembrance; Esophageal Cancer Awareness Month- Mayor McCourry presented this proclamation to Andy Leary. Citizen Int_ trt_ Christi Martin described the Chalk this Way event as being a success and thanked the supporters. Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Councilmember Harris announced that on April 5t'' The Colony High School baseball team is hosting Diabetes Night and City of The Colony Night. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held March 20, 2012 [Marks WS] (City Secretary) 2.2 Consider approving council expenditures for February 2012 (Council) 2.3 Consider approving a resolution authorizing the city manager to execute an Interlocal Agreement with the Texas Department of Transportation authorizing the Police Department to participate in the statewide Crash Reporting and Analysis for Safer Highways (CRASH) System (Police/Plemmons) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 April 3, 2012 2.4 Consider approving an ordinance amending the Code of Ordinances, Appendix A Zoning, Section 10-300 by deleting the definition for occasional sales, and by adding new definitions for individual, community, and group garage sales, and by adding a new Section 10D entitled Garage Sales (Development Services/Joyce) 2.5 consider approving an ordinance amending the Code of Ordinances, Chapter 6, Article XI, Signs, regarding Enforcement Authority of Signs, Removal/Impoundment of an Abandoned or Prohibited Sign, Removal/Impoundment of Prohibited, Noncompliant and Abandoned Signs, Specific Sign Criteria - Temporary Signs, Banner Advertising a Commercial Use, Specific Sign Criteria - Temporary Signs, Feather Signs, Garage Sale Signs, Lightpost Banners, and Flags and Flagpoles (Development Services/Joyce) 2.6 Consider approving a resolution awarding a bid and authorizing the city manager to execute an annual mowing and clean up contract with Cuttin It Right Lawn Care (Community Image/Browder) Motion to approve- Harris; second by Schrag; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Receive presentation from BKD CPAs and Advisors, and discuss the Auditor's Report for fiscal year 2010-2011 (Finance/Cranford) Auditor provided a draft of the financial statement. He advised the council that the management analysis and opinion documents are not included with this draft. He indicated the city is financially solid with no issues. He reviewed the net assets and statement of activities, specifically the change in net assets. It reflects a loss this year of $806,000 but noted that includes depreciation. It was noted that the entire city debt is at fairly low interest rates. A clean final version of the report should ready by the end of the month. 3.2 Discuss and consider approving a resolution authorizing the city manager to execute a development agreement with Joe's Country Store, Inc. to facilitate the redevelopment of two acres of property north of Overlake Drive at Main Street (Engineering/Scruggs) Gordon Scruggs reviewed the location for this development and property involved (including unusable lots 4 and 5 belong to the city). This project was originally approved in 2006 when the city needed easements for a force main for Wynnwood Peninsula. The property owner provided the easements in exchange for the city to abandon Pine Court and for the city to convey lots 4 and 5 to him. The developer was to also build a new road. These remaining items in the agreement were never completed. The developer is now ready to proceed with development so a new agreement has been written. The agreement includes city's responsibilities and the developer's responsibilities, and provides for the city to be able to build the roadway at no cost to the city even if the owner does not develop the property. City attorney Jeff Moore confirmed that the Government Code Chapter 253 provides for a city to convey property under certain exceptions, and he believes the city's lots being unusable fit the criteria and no other action need 2 April 3, 2012 be taken to convey ownership. Councihnember Marks asked why the first agreement lapsed without the project being completed. The property owner stated at that time they did not know what size store they wanted to build. It was noted that in this new agreement there is a timeline that identifies deadlines for actions to be taken. Motion to approve- Marks; second by Schrag; motion passed with all ayes. 3.3 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to a execute a contract with Oldcastle APG West, Inc. for the annual purchase of concrete to include the option of two one-year extensions (Public Works/Groeschel) City Manager Powell told the council that only one bid was received, likely because this job is small. Evan Groeshel told the council that this company does on-site mixing which reduces the cost. It was noted that this company is currently being used for sidewalk repairs. Motion to approve- Harris; second by Boyer; motion passed with all ayes. 3.4 Discuss and consider an exemption to the city's Code of Ordinances, Section 6-192 Noise, and as authorized in item (c)(2) of the ordinance, for the Relay for Life event to be held at the Five Star Complex, from 7 p.m. to 7 a.m., May 4-5, 2012 (PARD/Nelson) David Swain, Parks and Recreation Department, told the council that the organizers of this event were pleased with having this event at Five Star last year and are again requesting to hold it there. While there was not any noise complaints last year, the noise ordinance calls for quiet time after 10 p.m. and they do want the ability to play music and use audio equipment during those hours. This will require council action. Several council members spoke in favor of the event. Motion to approve- Boyer; second by Terre; motion passed with all ayes. Item 3.5 was not discussed. 3.5 Discuss and consider approving a Mobile Stage Rental Policy and consider approving a resolution amending the 2011-2012 Master Fee Schedule to include the proposed rental fees (PARD/Nelson) Executive session was convened at 7:55 p.m. 4.0 1 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 zoning and land use issues concerning 7424 Elm Street. 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 a Marine Quest contract amendment. 3 April 3, 2012 Reconvened to Open Session at 8:45 p.m. 4.2 A. Any action as a result of executive session regarding zoning and land use issues concerning 7424 Elm Street. No action. B. Any action as a result of executive session regarding a Marine Quest contract amendment. No action. And with no further business to discuss the meeting was adjourned at 8:46 p.m. APPROVED: G oe McCourr, , Mayor City of The Colony ATTEST: o t Christie Wilson, TRMC City Secretary 2: r~ra 4