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Home My WebLink About07/06/2010 City CouncilJuly 6, 20 10 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JULY 6, 2010 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 6th day of June 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 Mayor Pro-Tem Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Absent 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 - Councilman Harris gave the invocation. Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Parks and Recreation Month - Mayor McCourry presented the proclamation to Parks and Recreation Director Pam Nelson. Teen Volunteer Award- Library - Mayor McCourry recognized Catherine Gillam, the 2010 North Texas Regional Library System Youth Library Volunteer Award recipient. Recognition of Youth Theater Volunteers - Mayor McCouriy presented certificates to Harrison King and Carinne Maravilla (absent) for their contributions to The Colony Playhouse and community. Citizen Input - Martin Mussy, Artistic Director for The Colony Playhouse invited citizens to attend their upcoming production of Charlotte's Web. Announcement of upcoming civic events and activities 1- Library Director Sveinnson presented information about the summer reading program and upcoming events. Convention and Visitor Bureau- Diane Baxter and Christie Copling presented information regarding recent activities and advertising to promote The Colony. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held June 1 [Schrag absent] and June 15, 2010 (City Secretary) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. July 6, 2010 2.2 Consider approving council expenditures for May 2010 (Council) 2.3 Consider approving a resolution authorizing the city manager to execute an Interlocal Agreement with Denton County for 2010-2011 property tax collection (Finance) I 2.4 Consider approving a resolution adopting revisions to the city's Debt Management and Financial Management policies (Finance) 2.5 Consider approving a resolution establishing August 17, 2010 as the date for a public hearing regarding land use assumptions and capital improvements plan, and the amendment of drainage impact fees (Engineering) Motion to approve- Connelly; second by Boyer, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Continue a public hearing, discuss and consider approving an ordinance amending the Code of Ordinances, Chapters 8 and 17, by updating the Roadway Impact Fees based on amended Land Use Assumptions and Capital Improvements Plan (Engineering) City Manager Powell stated this is a continuation from prior meetings. Councilman Boyer asked if the fees could be amended at a later date if costs were not covered. Mr. Powell confirmed it would be possible. All development fees would be reviewed. The cost allocation process will start at the end of August. Director of Engineering Scruggs was available for questions. Mayor McCourry asked if the public had any comments. The Council discussed notice requirements and processes for future public hearings for fee amendments. With no further public comments, Mayor McCourry closed the public hearing at 7:55 pm. Motion to approve the ordinance - Harris; second by Boyer; motion passed with all - ayes. 3.2 Discuss and consider approving a resolution authorizing the city manager to execute necessary documents to facilitate the purchase the home and property located at 4657 Archer Drive, and to authorize occupant relocation and title company expenses; this action is due to the widening of F.M. 423 resulting in the need to realign the Archer/Freeman loop roadway (Engineering) Director of Engineering Scruggs stated the funding for this project is supplied by Denton County in conjunction with the widening of F.M. 423. The purchase will allow the city to move the loop road. The total cost of the purchase is $171,144. Motion to approve the purchase - Harris; second by Connelly; motion passed with all ayes. 3.3 Discuss and consider approving a resolution authorizing the city manager to issue a purchase order for the cost of repairs to Water Well No. 2 (Utilities) Public Works Director Maurina discussed the necessary repairs to the well. Mr. Maurina stated quotes were provided by three (3) different vendors. He suggested Layne Christianson Company to perform the work. They are able to provide a faster turnaround time for the repair. The Council discussed the effect j of the work during peak usage season. Mayor McCourry noted that the source of funds included both account 213 and 214. 2 July 6, 2010 Motion to approve with the modification of the source of fiends to include accounts 213 and 214 - Harris; second by Schrag; motion passed with all ayes 3.4 Discuss and consider approving a resolution authorizing the city manager to exceed the aggregate expenditure threshold to obtain various excavation, hauling and repair/removal services from Domene Company for fiscal year 2009-2010 (Public Works) Public Works Director Maurina reported the Domene Company has been used by a variety of departments for multiple jobs. The total annual expense may exceed the $50,000 threshold. An attorney opinion verified this action would not violate bidding laws. Mr. Maurina will work on bidding out general work for the next fiscal year. Councilman Connelly would like to see a cap on the amount authorized. Councilman Boyer discussed the bidding process. Motion to approve the resolution including a cap of $65,000 - Connelly; second by Schrag. The Council further discussed the cap and determined it was too low. Councilman Schrag withdrew his second. Councilman Connelly amended his motion. Motion to approve with the addition of a cap of $100,000 - Connelly, second by Schrag; motion passed with all ayes 3.5 Discuss and consider making a nomination for the Denco Area 9-1-1 Board of Managers (Council) Mayor McCourry would like to present City Manager Troy Powell as the city's nomination to the Denco Area 911 Board of Managers. Councilman Harris stated this just a nomination. All nominees will be presented at a meeting in August. Motion to nominate Troy Powell -Harris; second by Schrag; motion passed with all ayes 3.6 Discuss and consider the previously approved funding agreement for the 2010 Pirate Days event, and provide direction to staff regarding the agreement and event (Mayor) Pirate Days of Texas Committee members Nancy Dillard and Lynn Genung (CPA) presented the committee's proposal to move forward with this event. They presented the schedule, mission statement and goals, and a detailed funding request in the amount of $60,550. Nancy also asked that the city donate use of the stage. [The previously approved funding agreement for $45, 000 for the 2010 Pirate Days event was declined by the Chamber of Commerce; this committee wants to continue with the event.] Lynn indicated the official incorporation of the committee should be effective on Wednesday, July 7rh. Also, the committee has applied for non-profit status [501(3)(c)]. Councilmember Schrag confirmed with Chamber of Commerce representative Dan Mahle that the Chamber of Commerce Board voted to allow this committee to take over the Pirate Days trademark. Mr. Mahle indicated yes, and that there will be a written agreement addressing all such matters between both entities. July 6, 2010 Considerable discussion followed as to the amount of the request and potential liability issues for the city since the committee is not formally incorporated. As a result of the discussion the council determined they would proceed at this point with a $5, 000 grant in order for the committee to secure entertainment, and that a formal agreement will be drafted with the city manager having authority to sign it if all parties are in agreement. A poll of the council members was taken as to the amount they are comfortable with as a total award. Motion to authorize the city manager to execute a contract with Pirate Days of Texas, Inc. regarding the Pirate Days event contingent upon the following conditions: to fund $5,000 immediately upon execution of the contract, a maximum funding amount is $55,000, and subject to the items deemed necessary by city staff, the city manager and city attorney- Schrag, second by Mikulec; motion passed with all ayes. Councilman Mikulec left prior to the executive session. Councilman Harris left at 10:15p.m. Executive session was convened at 9:49 .m. (recess from 9:40-9:49) 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 John McDonald and Cheryl McDonald and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease, or value of real property. Reconvene to Open Session at 10:25 pm 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 purchase, exchange, lease, or value of real property. No Action. ADJOURNMENT And with no further business to discuss the meeting was adjourned at 10:26 p.m. Joe McCoui~y, Mayor ATTEST-' City of The Colony i Christie Wilson, TRMC, CMC City Secretary 4