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Home My WebLink About12/21/2010 City Council December 21, 20 10 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 21, 2010 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:08 p.m. on the 21st 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 Absent Richard Boyer Councilmember Present Jeff Connelly Mayor Pro-Tern Present Kirk Mikulec Councilmember Absent Perry Schrag Councilmember Present Joel Marks Councilmember Present And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Calvary Christian Center Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of out-going Lry Board members - Mayor McCourry presented a plaque to Jayme Skelton who served on the board from 1995-2010. He also recognized Wayne Bullard who was not present. Citizen Input- Beth Doan spoke about the upcoming North Texas Soup-N-Bowl benefitting the Storehouse Food Pantry. Announcement of upcoming civic events and activities- Parks and Recreation presented 2011 scheduled events. Mayor McCourry said that Councilmember Harris and Councilmember Mikulec are absent. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held November 29 [Marks absent] and December 7, 2010 (City Secretary) 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 (Library) 2.4 Consider approving a resolution authorizing the city manager to execute a Construction Manager at Risk contract with Pogue Construction for the Public Services Building (Public Works) Motion to approve above consent agenda items subject to revisions of item 2.4 [as discussed in the work session]- Schrag; second by Connelly; motion passed with all ayes. Councilmember Connelly requested separate discussion on item 2.2. 2.2 Consider approving a resolution adopting an amended Athletic Facility Usage/Rental Policy (Parks and Recreation) 1 December 21, 20 10 Councilmember Connelly identified a change made to the presented policy for page 13, Section V., item 5 to reflect "two business days" rather than "48 hours". Motion to approve with change- Connelly, second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS Community Image Director Tim Miller requested to discuss items 3.1 and 3.2 collectively. Mayor McCourry read both agenda items. 3.1 First reading, conduct a public hearing, and discuss an ordinance amending the Chapter 6 of the Code of Ordinances, Section 6-78 (Premises identification) to include verbiage from Section 18-1 (Street numbering of buildings) (SI10-0011, Community Image) 3.2 First reading, conduct a public hearing, and discuss an ordinance amending the Chapter 6 of the Code of Ordinances, by repealing Section 6-194 in its entirety and replacing it with a new Section 6-194 entitled "Duty to maintain property in a sanitary condition"; by amending Section 6-199 "Responsibility for maintenance" where duplicated subsections will be deleted and the verbiage combined (SI10-0010, Community Image) Community Image Director Tim Miller advised the council that these two ordinances are to reorganize items in the code of ordinances, and added that more will be forthcoming in January. He reviewed some changes to the procedures for the code officers to include changes to the coverage area that will route the officers to each area every two weeks. In addition, door hangers have been eliminated, and the letters to occupants have been revised. Mayor McCourry opened and closed the public hearing for 3.1 and 3.2 at 7:29 p.m. with no one wishing to speak. 3.3 Discuss and consider approving a resolution authorizing the city manager to execute a construction services contract with Oncor Electric Delivery for the installation of new street lights on North Colony Boulevard (Engineering) Gordon Scruggs advised this item is for new street lights for a cost of $74,513. Tiseo Construction will install the pole bases and conduit. Oncor will install the electric wiring, pull boxes and light poles. He added the cost is 100% funded by Denton County and the regional toll revenue. Discussion followed regarding some past issues with street lights, as well as the type of bulb that will be used. Gordon advised that the city won't pay for the installation until it is completed correctly. The city manager added that the city is getting a quote for repainting all street lights in the city. Motion to approve not to exceed $74,513- Marks; second by Boyer, motion passed with all ayes. 3.4 Discuss and approve removing the oversight and scheduling of any city facilities for arts purposes from the Cultural Arts Board and designating this as a staff function under the city manager (Mayor) 2 December 21, 20 10 Mayor McCourry said that staff is reviewing usage of all city facilities but immediately the scheduling authority of the Lakeside Arts Center (LAC) needs be removed from the Cultural Arts Board. The current usage policy for this building was approved by resolution. This action can be taken tonight and then bring back a resolution to repeal the policy in the future. Motion to move the scheduling of the LAC to the city manager- Schrag; second by Marks; motion passed with all ayes. 3.5 Discuss alternatives and provide direction to staff regarding changes to board terms (Council) Mayor McCourry explained that this item was brought for discussion because the interviews for board members fall during the busy holiday season. Several options were discussed. Council determined the terms should remain January- December but the interviews will be conducted in October. Citizen Liz Ripperger asked that council consider the timing of the appointments. Citizen Christi Martin suggested that applicants be notified when their applications are received by the city. 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 litigation between John McDonald 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 city personnel matters. C. 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 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 city personnel matters. No action. C. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property. Motion to authorize the City Manager and the Economic Development Director to secure option for purchase of real property as discussed in executive session- Schrag; second by Boyer, motion passed with all ayes. 3 December 21, 2010 And with no further business to discuss the meeting was adjourned at 9:05 p.m. APPROVED: G oe McCo rry, Mayor City of T e Colony ATTEST: THP Ala Christie Wilson, TRMC r t4 Y City Secretary F x 4