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Home My WebLink About10/06/2009 City Council October 6, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON OCTOBER 6, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 6th day of October 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Absent Kirk Mikulec Mayor Pro-Tem Present Perry Schrag Councilmember Present Joel Marks Councilmember 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 - St. Peter's Episcopal Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of City Manager Dale Cheatham- Mayor McCourry presented a plaque of appreciation to resigning city manager Dale Cheatham for his service to the city from 2001-2009. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Presentation of Texas Amateur Athletic Federation Awards to the city- Community Service Director Pam Nelson introduced Doug Craft, past president of TAAF. Mr. Craft first presented the city and Parks and Recreation employees David Swain and Jackie Kopsa with the "Member City of The Year Award". He then presented Jackie Kopsa with the "Region Director of the Year Award" for her participation with TAAF. Mr. Craft congratulated the council on the great staff the city has at the P&R department. Update on Special Events- David Swain introduced the new Special Events Coordinator Shree Kolloru. Shree presented a video of recent events conducted and reviewed upcoming events. 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 October 6, 2009 Marine Quest Update on Hidden Cove Park-none Pirate Days Report- Allison Mahavics of the Chamber of Commerce reviewed the planned activities for this event which will be held at Stewart Creek Park, October 17-18, with the Mayor's Ball on the 16tH Citizen Input- none Further Announcements- Tony Johnston introduced new Assistant City Manager Greg Vick, and expressed his appreciation to Dale Cheatham for his service to the city. Mayor McCourry stated that Jeff Connelly is absent on business. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held September 21, 2009 (Wilson) 2.2 Consider approval of a resolution adopting amended Policies and Procedures for Advisory Boards and Commissions (Council) 2.3 Consider approval of an ordinance amending Ordinance No. 08-1772 regarding the schedule of uses for PD 22, Austin Ranch, located south of S.H. 121 and west and east of Plano Parkway (Z09-0008, Morrison) 2.4 Consider approval of a resolution approving Amendment No. 3 to the consulting contract with Weaver & Tidwell for a one-year extension for auditing services (Koo) 2.6 Consider authorizing the city manager to execute an amendment to the contract with Strasburger & Price to continue providing legal counsel regarding acquisition of easements for utility lines from Wynnwood Peninsula to the central city (Scruggs) Motion to approve above consent agenda items- Schrag; second by Boyer, motion passed with all ayes. Mayor McCouM pulled this item due to a citizen's request to speak. 2.5 Consider approval of a resolution awarding a bid and authorizing the city manager to execute a purchase order for mowing and cleanup work for the Inspections Department (Browder) Iris Browder stated the current contract expires on October 21St, and reviewed some issues with the existing contract. Citizen Mark Bulloch, current mowing contractor, requested the council reconsider him for the contract. Councilmember Marks asked Ms. Browder about the contract renewal options. She stated that the contract is annual but there is an option to extend for three years with the same rates. Motion to approve staff's recommendation of awarding the bid to REO Overall, Inc.- Marks, second by Schrag, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 First reading and discuss an annexation ordinance for 4.87 acres located north of Lebanon Road and west of F.M. 423 (A09-0003, Morrison) City Planner Wes Morrison advised the council this is the first reading of an annexation ordinance and reviewed the property location. He reminded council 2 October 6, 2009 that this is the property previously, annexed on July 6, 2009 at the property owner's request. City Attorney Bob Hager read the caption of the ordinance. 3.2 First reading and discuss an annexation ordinance for 40.29 acres located north of Lebanon Road and west of F.M. 423 (A98-0002, Morrison) City Planner Wes Morrison advised the council this is the first reading of an annexation ordinance and reviewed the property location. He reminded council that this is the property previously annexed on July 6, 2009 at the property owner's request. City Attorney Bob Hager read the caption of the ordinance. 3.3 Receive presentation, discuss and provide direction to staff concerning lane assignments and regulatory requirements for eastbound North Colony Boulevard motorists approaching the intersection with Main Street (F.M. 423) (Mikulec) Councilmember Mikulec advised he has had constituents inquire about a change in the configuration of the North Colony/Main St. intersection to facilitate traffic heading southbound. Public Works Director Steve Eubanks reviewed the current configuration and the traffic counts taken recently. An option for two right-hand only turn lanes onto southbound Main St. was presented but it was noted that since Main St. is a state highway, the state will likely not allow two right-hand turn lanes unless right-on-red turns are prohibited. A comparison of current and proposed configurations under this circumstance does not indicate relief. 3.4 Discuss and consider adopting a resolution repealing Resolution 98-21 regarding council procedures for expenditures and adopting procedures reflective of current city practices and regulations (Council) Mayor McCourry stated that this old resolution is no longer relative to current practices and needs to be revised. City Secretary Christie Wilson noted that the new resolution incorporates the city's current travel and expense policy. Motion to approve- Harris, second by Boyer, motion passed with all ayes. Ad'ourned to Executive Session at 8:10 .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 pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. 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 pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. C. City Council shall convene into closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from 3 October 6, 2009 the city attorney regarding pending litigation between Wynnwood Peninsula Partners LLP, the City of The Colony and the City of Frisco. D. City Council shall convene into closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel to wit: deliberate the terms and conditions of the appointment, employment, and reassignment of duties of the Assistant City Manager to serve as City Manager. Reconvene to Open Session at 8:35 p.m. 4.2 A. Any action as a result of executive session regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. No action. B. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. No action. C. Any action as a result of executive session regarding pending litigation between Wynnwood Peninsula Partners LLP, the City of The Colony and the City of Frisco. No action. D. Any action as a result of executive session regarding the terms and conditions of the appointment, employment, and reassignment of duties of the Assistant City Manager to serve as City Manager. Motion to appoint Antonio Johnston to the position of City Manager for a term to expire no later than 2011; and, to authorize the Mayor to execute a contract as has been presented to the City Council- Harris, second by Mikulec, motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 8:37 p.m. APPROVED: a"Z~- -114 G y k McCou , Mayor ity of Th CoidhYr:- ATTES ristie Wilson, TRMC, CMC City Secretary 4