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Home My WebLink About12/15/2009 City Council December 15, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 15, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 15th day of December 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 Present Kirk Mikulec Mayor Pro-Tem Present Perry Schrag 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 - Joel Marks Pledge of Allegiance to the United States Flag Salute to the Texas Flag Marine Quest update on Hidden Cove Park- Ottis Lee provided a construction update for the Marina. Still planning late Spring opening. Citizen Input- Janet Ohlig invited the council to participate in the North Texas Soup-N-Bowl. This is a fundraising event for the Storehouse food pantry to be held in January. Tony Seiler spoke regarding some needed improvements at Hidden Cove Park. Deville Hubbard and David Terre expressed their desire to be reappointed to the Planning and Zoning Commission. Linda Van Vranken expressed her desire to be reappointed to the Code Enforcement Advisory Board. Announcement of upcoming civic events and activities 1- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. David Swain with the P&R Department reviewed the recent Food 4 Families drive, and thanked the many businesses and individuals who contributed to the success of this event. Mayor McCourry presented donation checks of $549.96 to the food pantries of Holy Cross and First United Methodist churches and the Storehouse food pantry. David reminded everyone of the Christmas Spectacular Light show going on now at South Colony and Blair Oaks. These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 December 15, 2009 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held November 30 [Mikulec, Connelly absent], December 1 [Connelly absent], and December 7 [Mikulec, Connelly, Marks absent], 2009 (Wilson) 2.3 Consider approving a resolution authorizing the city manager to execute a contract with the Texas State Library and Archives Commission for acceptance of a Loan Star Libraries Grant (Sveinsson) 2.7 Consider approval of a resolution authorizing the city manager to execute the First Amendment to the Ground and Tower Lease Agreement with Verizon Wireless for communication equipment located at 5033 Clover Valley (Scruggs) Motion to approve above consent agenda items- Schrag; second by Connelly; motion passed with all ayes. Councilmember Marks requested 2.2 be discussed separately. 2.2 Consider approving an ordinance amending the Code of Ordinances, Section 1OB- Regulations and Design Guidelines for Accessory Structures regarding the use of accessory structures regardless of the zoning district for municipal properties only (SI09-0014, Morrison) City Planner Wes Morrison explained that a Special Exception process is used for residents to request a variance from the Board of Adjustment for accessory structures but for city requests the city council will conduct a Site Plan review. Councilmember Connelly questioned whether an ordinance is needed under the circumstances. City Attorney Bob Hager said that this gives the council the authority to decide whether a structure meets the needs of the city. Motion to approve- Harris, second by Marks, motion passed with all ayes except for Schrag who voted no. Councilmember Harris requested 2.4 and 2.5 be discussed separately. 2.4 Consider accepting Robert Lux' resignation from the Cultural Arts Board (Council) 2.5 Consider accepting Timothy Martin's resignation from the Cultural Arts Board (Council) Citizen Christi Martin expressed her thanks to the people who have served on this board and asked the council to recognize their accomplishments. Motion to approve 2.4 and 2.5- Connelly, second by Marks; motion passed with all ayes. Councilmember Mikulec requested 2.6 be discussed separately. 2.6 Consider removing Cindy Marshall from the Cultural Arts Board according to Section V. of the Policies and Procedures for Advisory Boards and Commissions (Council) 2 December 15, 2009 Citizen Cindy Marshall voiced an explanation for some of her absences during her tenure on this board. She requested to remain on the board but if not, that she be given the opportunity to resign. Councilmember Mikulec questioned whether work circumstances have been excused in the past. Councilmember Boyer asked whether the board members had been notified of the new policy. Mayor McCourry stated that the president of this board made the members aware of the attendance policy. Council members Harris and Connelly expressed their desire to allow her to resign, and Councilmember Marks stated he is in support of allowing her to remain on the board. Motion to postpone this item to the next meeting- Marks, second by Schrag; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS Mayor McCourry moved item 3.3 up on the agenda. 3.3 Discuss and consider making appointments to the various Advisory Boards and Commissions for terms beginning January 2010 and ending December 2011 (Council) Citizen Christi Martin said that the boards are invaluable and encouraged the Cultural Arts Board members to stay involved. Motion to approve all [returnees as presentedf- Harris, second by Connelly; Councilmember Mikulec voiced his concern that this is not the normal procedure for board appointments. The motion and the second were withdrawn. At this time Mayor McCourry read each name for each board and a vote was taken for one board at a time. All council members voted yes for all returning board members as presented. 3.1 Discuss and consider approval of a resolution authorizing the city manager to exceed the $50,000 aggregate expenditure threshold with Domene Company for fiscal year 2009-2010 (Eubanks) Public Works Director Steve Eubanks stated he is requesting permission to exceed the $50,000 expenditure threshold to utilize the Domene Company for various excavation, hauling, and removal services. Several city departments utilized this company in the previous year. Steve advised that according to the city attorney under the circumstances this is exempt from the bidding requirements but the city's policy requiring council approval for anything over $50,000 is in place. He added that the $50,000 limit is not anticipated until next summer. Motion to deny resolution at this time- Connelly; second by Harris; motion passed with all ayes except for Schrag who voted no. City Manager Tony Johnston said that he will have the purchasing agent keep track of expenditures for this company and staff will bring it back to council in the event the amount expensed approaches the limit. The Mayor also asked for 3 December 15, 2009 the purchasing agent to prepare a list of pros and cons in regard to making changes to the city's $50,000 limit such as raising it for certain situations. Tony added that when price comparisons are done Domene is always the lowest. 3.2 Discuss and consider approving an ordinance effecting the participation in the Texas Municipal Retirement System and providing for the City of The Colony to set its own limit on the contribution rate calculated by the TMRS actuary (Koo) Finance Director Rebecca Koo explained the retirement contribution rate and the city's 2 to 1 match, and stated that this ordinance removes the maximum statutory rate, allowing the city to set its own limit. Rebecca added that this is the TMRS recommendation and introduced David Rodriguez who further explained the situation. Considerable discussion followed regarding the retirement program and contribution rates. Mr. Rodriguez added that council should approve this ordinance before the end of the year, otherwise lose some control over retiree benefits. The city attorney read the caption of the ordinance. Motion to approve- Harris; second by Connelly; motion passed with all ayes. Mr. Rodriguez told the council that he will be glad to visit with them during the next budget cycle regarding the retirement program. Convened executive session at 9:05 .m. F460-] EXECUTIVE SESSION 77771 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. Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code to interview and deliberate the appointment, employment, evaluation, reassignment, and duties of the city attorney. Reconvened to Open Session at 11:05 p.m. c` 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. Not addressed. 4 December 15, 2009 C. Any action as a result of Executive Session regarding the appointment, employment, evaluation, reassignment, and duties of the city attorney. Councilmember Jeff Connelly reviewed the process that was used to narrow the field of RFPs for city attorney services. He added that council considered whether to keep the current firm or make a change. Council interviewed the current firm (this date) and two others, Brown & Hofineister and Boyle & Lowry. Mayor McCourry took a poll of the council members as to their preference. Based on the result of the poll, the following motion was made by Councilmember Connelly. Motion to approve a resolution authorizing the Mayor to send notice to the law firm Nichols, Jackson, Dillard, Hager & Smith, L.L.P. terminating its agreement with the City effective January 31, 2010, and to authorize the Mayor to execute an agreement with the law firm Brown & Hofineister, L.L.P. to provide legal services to the City as the City Attorney, effective February 1, 2010- Connelly; second by Harris, motion passed with the following vote: Ayes- McCourry, Harris, Connelly, Mikulec Nos- Boyer, Schrag, Marks And with no further business to discuss the meeting was adjourned at 11:15 p.m. APPROVED: ~ L J e McCou, Mayor City of Th Colony ATTEST: ristie Wilson, TRMC, CMC City Secretary 5