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Home My WebLink About12/07/2010 City Council December 7, 20 10 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 7, 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 7th day of December 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 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- Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation - Pearl Harbor Day- Mayor McCourry read a proclamation commemorating Pearl Harbor Remembrance Day. He also recognized four World War II Veterans who were present as special guests. The Mayor presented certificates of appreciation to Keith Griffith (Army Air Corp), Jane Hall (Navy), Marilyn "Micki" Moore (Navy), and William "Bill" Longo (Merchant Marines). Recognition of out-going Planning and Zoning Commission Members- Mayor McCourry expressed his appreciation for Deville Hubbard who has served on the P&Z from 1995-2010. Deville was not present at this meeting so a plaque will be delivered to him. Citizen Input- none Announcement of upcoming civic events and activities t- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. Mayor McCourry reminded everyone of the light show currently underway at Central Fire Station. It will run until 10 p.m. on weekdays and 11 p.m. on weekends during the holiday season. The Mayor also stated that item 3.4 is pulled from the agenda and will be addressed at a later time. 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 December 7, 20 10 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held November 9 [McCourry, Harris absent], 15 [McCourry, Harris, Mikulec absent], and 16 [Harris absent], 2010 (City Secretary) 2.3 Consider approving council expenditures for the month of October 2010 (Council) 2.4 Consider approving a resolution authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an extension to the current electric supply and necessary related services agreement for city facilities with Next Era for a fixed price per kWh that is lower than contract rates for 2011-2012; said extension to continue until December 31, 2018; and authorizing CAPP to act as an agent on behalf of the city to enter into a contract for electricity (Finance/Purchasing) 2.5 Second reading and consider approving an ordinance amending the Code of Ordinances by adding Chapter 20 entitled Storm Water Pollution Prevention to establish methods for controlling the introduction of pollutants into the city's storm drainage system (Engineering) Motion to approve above consent agenda items- Connelly, second by Marks; motion passed with all ayes except for Schrag who voted no. Councilmember Harris requested item 2.2 be voted on separately due to the dollar amount involved. 2.2 Consider approving a resolution authorizing the city manager to issue a purchase order to Professional Ambulance for the purchase of one 2011 Ford 623 Navistar Type I Horton Ambulance as approved in the 2010-2011 municipal budget (Fire) Motion to approve- Harris, second by Marks, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Receive presentation and discuss Pirate Days of Texas follow up report for 2010 event (PDT Committee) Nancy Dillard and Lynn Genung, members of the Pirate Days of Texas Committee, provided an overview of the festival. Six-thousand visitors, thirty- two vendors, eight bands, and several community groups participated. As an added attraction the National Collegiate Wake Boarding Competition was held on the lake during the course of the weekend. The Chamber of Commerce and the Hobbie Cats participated by providing boat rides. The event was partnered with the Make-a-Wish Foundation and approximately $6,000 was raised for that cause. "Nathan" was the honoree. An accounting of the Hotel Occupancy Tax funds used for the event was provided. The council was advised that the committee had applied for 501(C)( 3) status was not approved and that it was determined that 501(C)(4) (social organization highlighting an area's history) is a better fit for this organization. It was also noted that next year's event is planned for October 15 & 16, 2011 and that several 2 December 7, 20 10 volunteers have already signed up. Nancy Dillard expressed the thanks of all involved for the city's support of the festival. Councilmember Connelly stated he was pleased with the park layout, stating that it was well organized. He asked if the financial statement showing overall income is available for review. A single copy was provided to the city secretary, and verbally stated that the net income was $15,800 with approximately $5,500 going to the Make-a-Wish Foundation. The balance of approximately $9,000 will be used for next year's event. 3.2 Discuss and consider making appointments to fill vacancies on the Planning and Zoning Commission, the Library Board, and the Code Enforcement Board (Council) After a brief discussion the following appointments were made. Motion to appoint Richard Bambury to the Planning and Zoning Commission [to fill a vacancy in Place ]J- Boyer; second by Mikulec; motion passed with all ayes. Motion to appoint Alan Ladd to the Code Enforcement board for Place 3- Harris, second by Connelly; motion passed with all ayes. Motion to appoint Charles Reeves to the Code Enforcement board for Place 4- Harris, second by Connelly, motion passed with all ayes. 3.3 First reading, discuss and provide direction to staff regarding an ordinance amending the Code of Ordinances, Chapter 2 Article II Boards and Commissions, and Chapter 11 Libraries (City Secretary) City Secretary Christie Wilson presented a draft ordinance on advisory boards. The draft consists of the various board ordinances and portions of the Board Policy and Procedure combined. Some suggestions for additional items were presented as well. Council discussed several components of the draft and provided direction as to some changes. The ordinance will be presented to council again in the near future. 3.4 Discuss the Lakeside Arts Center Use Policy, provide clarification of certain language, consider possible amendments, and consider approving a resolution adopting an amended policy (Mayor) Not discussed. [9:05 p.m.- At this time it was stated that the executive session did not need to be convened and Mayor McCourry adjourned the meeting. He was then advised that Executive Session Item B. did need to be discussed so he reconvened the meeting.] Executive Session was convened at 9:05 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 3 December 7, 20 10 the city attorney regarding litigation between John 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. Reconvened to Open Session at 9:16 p.m. 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. Not discussed. B. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. No action. And with no further business to discuss the meeting was adjourned at 9:16 p.m. APPROVED: ~ G oe McCou , Mayor City of The Colony ATTEST: Christie Wilson, TRMC City Secretary 4