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Home My WebLink About09/04/2012 City Council September 4, 2012 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 4, 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 4th day of September 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll calla Joe McCourry Mayor Present Kirk Mikulec Council member Present Richard Boyer Councilmember Absent Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Team Present 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 - Christ Community Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Barbara Baesmarm, Special Events Coordinator for the Chamber of Commerce, invited the council members to a ribbon cutting at the Old American Golf Chub. Michelle French, Chief Deputy Tax Assessor, reviewed some changes in methodology and reorganization of the tax office in the future. She said the tax rates are due to them by September 29"' Announcement of upcoming civic events and activities 1- Library activities and events announced. Mayor McCourry said that Councilmember Boyer is out on city business. 2.0 CONSENT AGENDA 2.2 Consider approving city council expenditures for the month of July 2012 (Council) 2.4 Consider approving a resolution amending Resolution 2011-057, Master Fee Schedule 2011-2012, to provide for new and amended fees for fiscal year 2012-2013 with an effective date of October 1, 2012 (Finance, Cranford) 2.5 Consider approving a resolution authorizing the city manager to execute a License and Use Agreement with Carnival Americana, Inc. to hold a carnival November 8-11, 2012 at the Five Star Complex, and authorizing extended hours of operation (PARD, Nelson) These items are strictly public service announcements. No action will be taken and no direction will be given regarding these iteins. 1 September 4, 2012 Motion to approve above consent agenda items- Schrag; second by Marks; motion passed with all ayes. Councilmember Connelly pulled the minutes with a correction on August 21st 2.1 Consider approval of minutes of council meetings held August 21St [Connelly Absent] and August 24t", 2012 [Marks absent] (City Secretary) Motion to approve as corrected- Connelly; second by Marks; motion passed with all ayes. Councilmember Terre requested separate discussion on 2.3. 2.3 Consider accepting Dan Mahle's resignation from the Community Development Board of Directors (Council) Councilmember Terre read Mr. Mahle's resignation letter. He stated that Mr. Mahle has been an outstanding board member for the community. Motion to approve- Terre; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider an ordinance authorizing a special exception to the Architectural Standards of the Zoning Ordinance for the use of stucco an alternate exterior material for Spec's Liquors and Fine Foods, located at the northeast corner of S.H. 121 and Blair Oaks Drive and in the Gateway Overlay District (Development Services, Joyce) Development Services Director Mike Joyce summarized this request and displayed proposed elevation drawings of how the building exterior will look with stucco as requested. Planning and Zoning recommended approval. The public hearing was opened and closed at 7:21 p.m. with no one wishing to speak. It was noted that none of the Spec's buildings are designed exactly the same. Motion to approve- Schrag; second by Connelly; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider an ordinance approving a site plan for Spec's Liquors and Fine Foods, located at the northeast corner of S.H. 121 and Blair Oaks Drive (Development Services, Joyce) Mike Joyce reviewed the size, location, parking and landscape plan for this new building. He added that the property owner is building a wall along the delivery drive to keep those activities out of main view. There will be access to the site from S.H. 121 and Blair Oaks. Planning and Zoning recommended approval. The Public Hearing was opened and closed at 7:26 p.m. with no one wishing to speak. 3.3 Discuss and consider a request from the Chamber of Commerce to use the city's stage and Lion's Club Park for an event scheduled in October and to waive all fees associated, and to allow participants in the event to remain in the park overnight prior to the event (PARD) 2 September 4, 2012 David Swain told the council that this request is from the Chamber for October 20, 2012. They are asking to use the city's stage, waive any stage or pavilion fees, and allow cooks to stay overnight in the park. Councilmember Marks requested an executive session at 7:30 p.m. Open session reconvened at 7:44 p.m. Councilmember Marks stated that there is no policy on renting the stage so he doesn't believe the city can do that. Mayor McCourry confirmed that set-up time for the cooks in the park will be by 10 p.m. and stressed that noise must be kept to a minimum. The Chamber will be renting booths to other vendors who will arrive the morning of the event. Councilmember Terre asked the Chamber representative about the portion of proceeds that will be donated to the Metro Relief food pantry, who indicated only the expense to be reimbursed by proceeds are for holding the event and the remainder goes to the food pantry. Council members Connelly and Schrag both expressed that park fees should not be waived for this event. Motion not to waive fees, not to allow use of the city stage, and to allow overnight stay the night before the event for the cooks- Schrag; second by Connelly; motion passed with all ayes. 3.4 First reading and discuss amending the Code of Ordinances, Chapter 12, Article VI, Section 12-118 by adding a new subsection (c)(22) to prohibit persons from knowingly allowing the initiation or restoration of water service to property after termination of services without the written consent of the city manager (Utility Admin, Owczar) Utility Accounts Manager Molly Owczar explained that currently there is nothing in the city ordinances that clearly states how charges for unauthorized water usage should be assessed in the event the user cannot be determined. This ordinance authorizes the city to bill the property owner. Mayor McCourry asked whether a section can be included that authorizes meters to be locked at vacant lots; City Attorney Moore indicated he could include that in the next draft. Assistant City Manager Tim Miller added that demolition permits should trigger the removal of water meters. 3.5 Discuss and consider approving an exception to the Code of Ordinances, Section 6-192 Noise, (C)(2), to allow use of loud speakers on September 15, 2012, between the hours of 10 p.m. and 2 a.m. at the Zen, 6910 Windhaven Parkway, Suite 101 (Shallenburger) Brant Shallenburger introduced Zen property manager Chris Claassen who explained the reasons for and details of this request. This event will be following another event that day in Austin Ranch. He added that many attendees will be those who live in the area, that he will have security and other safety procedures in place during and at the end of the event. Motion to approve- Connelly; second by Schrag; motion passed with all ayes. 3 September 4, 2012 Executive Session was convened at 8:20 p.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 a Marine Quest contract amendment. B. Council shall convene into closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: Municipal Judge annual evaluation. Reconvened to Open Session at 9:52 p.m. 4.2 A. Any action as a result of executive session regarding a Marine Quest contract amendment. No action. B. Any action as a result of executive session regarding Municipal Judge annual evaluation. Not addressed. And with no further business to discuss the meeting was adjourned at 9:55 p.m. APPROVED: J McCoui Mayor e (ity of The K lony XV* ' ATTEST: :YR tl~r-istie Wilson, TRMC City Secretary 4