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HomeMy WebLinkAbout05/18/2010 City Council1 May 18, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 18, 2010 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 18th day of May 2010, 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 — Christ Community Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Oath of Office- City Manager Troy Powell Mayor presented the Gold Award to Finance Department Director Rebecca and IT Manager Bruce Maker. Citizen Input- none Announcement of upcoming civic events and activities 1- City Engineer announced public meetings regarding the Taylor Street reconstruction and the North Colony Boulevard reconstruction; Library Director presented information regarding current and upcoming programs, events, and service improvements; EDC Director provided update on Cascades project; Mayor announced a blood drive at city hall on May 28th. The Mayor also presented an EMS appreciation proclamation to Fire Department personnel. Councilmember Connelly thanked Tony Johnston for his service as interim city manager. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held May 4, 2010 [Mikutec and Schrag absent] (Wilson) 2.2 Consider approval of council expenditures for April 2010 (Council) Motion to approve- Connelly; second by Marks; motion passed with all ayes. I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 May 18, 2010 3.0 1 REGULAR AGENDA ITEMS 3.1 Discuss and consider approving a resolution adjusting the residential and commercial fees in the Allied Waste Services contract (Appendix A) dated June 1, 2007, and a change in the contract language to allow green waste to be collected every Monday year-round (Maurina/Gilman) Terry Gilman told the council that the solid waste committee evaluated the rate adjustment request presented by Allied Waste. The committee agreed to make a recommendation for a 2.5 percent rate increase (31 cents overall) and also to amend the contract language to add green waste collection during the months of December, January, and February. He explained the formulas and calculations used to evaluate whether a rate increase should be recommended, adding that based on those calculations, the maximum would be 4.93 percent. Brenda Lalonde of Allied Waste Services addressed the council and requested the maximum allowable, which would equate to a 60 cent increase rather than the committee's recommendation. She further explained the reasons why the company needed the increase, emphasizing the fact they have been a good business partner for the city. At 7:42 p.m. Councilmember Connelly requested an executive session. Open session was reconvened at 7:51 p.m. Terry further told the council that the contract stipulates no rate increase could be requested for the first 24 months of the contract (origination date June 1, 2007). While the cost of fuel was erratic during that time, at the time of the 2009 evaluation the fuel cost was down and could have resulted in a rate decrease. The committee at that time did not request such an adjustment due to previous high costs. Councilmember Boyer stated that as a committee member he was reluctant to pass on any increase to the residents but did take into consideration the increases in operation cost for the company and the added services (3 months of green waste collection) the residences will receive. Ms. Lalonde then indicated to the council that if the increase is approved at 2.5 percent then the company would not be able to add the additional three months of green waste collection. Councilmember Boyer advised that was never discussed in the negotiations. Reid Donaldson of Allied Waste then addressed the council with further explanation of their need of rate increase. Motion to approve 2.5 percent [with or without extra pickup which may be discussed at another time]- Schrag; second by Connelly; motion failed with the following vote: Ayes- McCourry, Connelly, Schrag Nos- Harris, Boyer, Mikulec, Marks Motion to approve 2.3 percent without extra pickup- Harris; motion failed for lack of a second. N May 18, 2010 Motion to send back to the committee to re-evaluate and bring back to the June Isr meeting- Connelly; second by Marks; motion passed with all ayes except for Boyer and Mikulec who voted no. 3.2 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for repair and resurfacing Taylor Street to include Alternate No. 1 Parking Lot (Scruggs) City Engineer Gordon Scruggs stated that this contract is for the repair of damaged pavement sections at various locations along Taylor Street, and to overlay the entire street with two inches of asphalt. Included in the bid is an alternate to include resurfacing the ball field gravel parking lot. The existing curb and gutter will remain. The street lights will be replaced and sidewalks repaired under separate contracts. The street overlay project is expected to be completed before school starts in the fall. Motion to approve- Schrag; second by Boyer; motion passed with all ayes. 3.3 Discuss and consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for partial funding of road and parking lot improvements at Stewart Creek Park (Scruggs) 3.4 Discuss and consider approving a resolution authorizing the city manager to execute a construction services contract for road and parking lot improvements at Stewart Creek Park (Scruggs) Gordon presented items 3.3 and 3.4 together. He advised that there is an opportunity for roadway and parking lot improvements at Stewart Creek Park with Denton County agreeing to pay for the labor ($85,000) and the city would pay for materials in the amount of $146,996.85. If council approves the Interlocal Agreement tonight Denton County will consider it for approval next week. The work should begin by June 1St and, weather permitting, should be completed before the week of July 4t". He reviewed the scope of the project and budget details, adding that the contractor's pricing (Reynolds Asphalt and Construction) is available through a cooperative purchasing agreement with Grand Prairie. Motion to approve 3.3- Mikulec; second by Connelly; motion passed with all ayes. Motion to approve 3.4 subject to approval of the Interlocal agreement by Denton County- Schrag; second by Harris; motion passed with all ayes. Councilmember Connelly questioned whether these improvements are for the current layout, or whether the concept plan for Stewart Creek Park considered during this process. Assistant City Manager Tony Johnston advised that the city wants to take advantage of this offer by the County Commissioner using the current layout since it is uncertain as to the timeline or funding for the concept plan. 3.5 Discuss and consider approving a resolution authorizing the mayor to execute and deliver a notice of termination letter to John W. McDonald 3 May 18, 2010 terminating the lease agreement by and between the City of The Colony and John W. McDonald, with termination to be effective February 7, 2011 (Council) At 8:39 p.m. Councilmember Connelly requested an executive session. Council reconvened open session at 9:02 p.m. Motion to approve- Connelly; second by Harris; motion passed with all ayes. 3.6 Discuss and elect a mayor pro tem and a deputy mayor pro tem (Council) Councilmember Mikulec nominated Jeff Connelly for mayor pro tem. All council voted aye. Councilmember Harris nominated Richard Boyer for deputy mayor pro tem. All council voted aye. 3.7 Discuss and consider approving a resolution casting a vote for the Regional Transportation Council representative (Council) Mayor McCourry advised that he had been in communication with Lewisville's mayor, and that Lewisville is requesting a council member from The Colony be nominated at alternate [previous alternate from Flower Mound was not reelected], and for Rudy Durham to stay on as representative. Motion to nominate Rudy Durham as representative- Harris; second by Schrag; motion passed with all ayes. City Manager Troy Powell stated that the city manager from Flower Mound contacted him today saying that the council there is in favor of a rotation plan among the cities for future representative but would like to wait until the main member is no longer serving before changing alternate. He agreed with Mayor McCourry's suggestion to vote for an alternate from The Colony. Motion to nominate Allen Harris as alternate- Marks; second by Schrag; motion passed with all ayes. Executive session was convened at 9:15 a.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 pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. B. 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 serving as City Manager. 4 1 D May 18, 2010 Reconvened to Open Session at 9:39 p.m. 4.2 A. 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. B. 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 serving as City Manager. Motion to approve the contract amendment as discussed in executive session- Mikulec; second by Harris; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 9:40 p.m. ATTEST: L ` Chris ie Wilson, TRMC, CMC City Secretary APPROVED: J McCourty, Mayor City of The Colony 1 1 1