HomeMy WebLinkAbout05/17/2011 City Council
May 17, 2011
MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
MAY 17, 2011
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 17th day of May 2011, at City Hall, 6800 Main Street,
The Colony, Texas, with the following roll call:
Joe McCourry Mayor Present
Allen Harris Cotimcilmember Present
Richard Boyer Councilmember Present
Jeff Connelly Mayor Pro-Tem Present
Kirk Mikulec ' Councilmember Present
Perry Schrag Councilmember Absent
Joel Marks Councilmember Present
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 - First Baptist Church
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Proclamation- Police Week May 15-21, 2011 presented to Chief Joe Clark. Chief
Clark thanked Fred and Theresa Grooms for initiating the Police Week activities.
Presentation of TCHS Scholarship from the LISD Education Foundation (Jonita
Harris Community Service Scholarship)- Councilmember Harris announced the
recipient of the scholarship as Taylor Peterson.
Recognize Finance Department for receiving the Gold Leadership Circle Award-
Mayor McCourry read the award and presented it to IT Manager Bruce Maker.
Citizen Input- Susan Watson, Children's Advocacy Center, reviewed the statistics
for the center over the past year. Liz Ripperger announced Entertainment Under
The Stars, Friday at Lions Club Park. Ruby Diye voiced a complaint regarding
her voting experience at Peters Colony.
Announcement of upcoming civic events and activities P&R announced
Liberty by the Lake events; Aquatic Park Splashzone reconstruction update.
Mayor McCourry announced "A Day for Steven" fundraiser on May 21st for
firefighter Steven Vickery. Mayor McCourry stated that item 2.3 will be
postponed until June 7t]', and that 2.1 and 2.2 will be addressed following the
executive session.
These items are strictly public service announcements. No action will be taken and no direction will be given
regarding these items.
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May 17, 2011
2.0 ELECTION ITEMS
2.3 Administer Oath of Office to newly elected city council members (City
Secretary) Not addressed- postponed to June 7.
3.0 CONSENT AGENDA
3.1 Consider approving minutes of council meetings held May 3, 2011 and
minutes for the April 30, 2011 candidate forum (City Secretary)
Motion to approve- Harris; second by Connelly; motion passed with all ayes.
Councilmember Connelly requested separate discussion on this item.
3.2 Consider approving a resolution amending the Allied Waste Services Solid
Waste and Recycling contract by authorizing a rate adjustment (Public
Works)
It was confirmed that this rate increase is for all services and that there will be no
additional requests for increases over the next two years.
Motion to approve- Connelly; second by Marks; motion passed with all ayes.
Councilmember Harris requested separate discussion on this item.
3.3 Consider adoption of a resolution approving the Cultural Arts Board use of a
revised Grant Application Packet (CAB Liaison)
Councilmember Harris requested that a requirement to show CVB as a sponsor on
event websites be included as a requirement for grant recipients, and reviewed a
proposed language change in section 3 (page 18). He also requested to add
section 4 requiring a link to the CVB accommodations web page. City Secretary
Christie Wilson advised the council that the resolution in the packet specifically
states that Hotel Occupancy Taxes (HOT) are the funding source for the CAB
grants, and that she prepared some alternate language in the event council would
like to consider it. [HOT funds will not necessarily be the funding source in the
future for CAB grants.]
Motion to approve the application with the amendments (CVB language) as discussed,
and to approve the resolution with the alternate language- Harris; second by
Connelly; motion passed with all ayes.
4.0 REGULAR AGENDA ITEMS
4.1 Discuss and consider approving a resolution authorizing the city manager to
execute a consulting contract for the purpose of preparing a Cultural Arts
Master Plan and approve an ordinance amending the 2010-2011 municipal
budget to allocate funds (Boyer)
Councilmember Boyer reviewed his reasons for requesting this item be brought
back to the council for reconsideration. CAB Liaison Brant Shallenburger
advised that the documents in the packet are the same as presented previously.
He also introduced consultant Jerry Allen of The Cultural Planning Group who
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May 17, 2011
provided additional information on how a plan will be formulated. The method
and benefits of the proposed survey were specifically discussed. CDC Director
Pam Nelson told the council that the CDC board has agreed to pay the difference
between the $5k and $10k survey options if council decides to select the $5k
survey. CDC member Lisa Leary spoke in favor of this particular consulting
group. Citizen Christi Martin stated that she desires to see an arts facility in the
plan. After considerable discussion among council members Councilmember
Connelly stated that he would like two motions on this item- one for the plan and
one for the survey. [Proposal is for CDC to pay $30k and the city to pay $30k.]
Motion to approve the plan [city $25k/CDC $25k]- Connelly; second by Mikulec;
motion passed with all ayes.
Motion to approve the $10,000 survey [city pays $5k/CDC $5k/ - Connelly; second by
Mikulec; motion passed with all ayes except for Connelly and Boyer who voted
no.
4.2 Discuss and consider approving a resolution authorizing the city manager to
execute an agreement with Tribute Partners, LP, for the development of
nature trails at Wynnewood Peninsula (PARD)
Pam Nelson stated a grant was received to develop the nature trails. The grant
reimburses up to 80% of $250,000 ($200,000). She reviewed the location and
materials to be used. Mathews Southwest will cover all the costs not covered by
the grant plus the maintenance until the 2014-2015 budget year.
Motion to approve- Harris; second by Boyer; motion passed with all ayes.
4.3 Discuss and consider approving a resolution authorizing the city manager to
execute a National Recreational Trails Fund Agreement with Texas Parks
and Wildlife Department, Recreational Trails Program for the development
of nature trails at Wynnewood Peninsula (PARD)
Motion to approve- Harris; second by Marks; motion passed with all ayes.
Executive Session was convened at 8:40 .m.
5.0 EXECUTIVE SESSION
5.1 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.
Reconvene to Open Session 8:51 p.m.
5.2 A. Any action as a result of executive session regarding litigation between
John McDonald and the City of The Colony.
I move to authorize the city attorney's office, city manager, and/or mayor to
execute any and all paperwork necessary to settle the portion of the John
McDonald v. City of The Colony lawsuit concerning the termination of
possession of the leased premises by John McDonald, and the city's payment
for the cost of improvements made to the leased premises, on the terms as
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May 17, 2011
discussed in executive session- Marks; second by Connelly; motion passed with
all ayes.
2.1 Discuss and consider approving an ordinance canvassing and declaring the
results of a special charter amendment election held May 14, 2011 (City
Attorney)
Mayor McCourry read the canvassing ordinance with results of the charter
amendment election. All propositions were approved in the election.
"SECTION 2. Canvass of Special Election Regarding Home-Rule Charter
Amendments.
(a) The returns of the Special Election, including the returns of early voting ballots held on
Saturday, May 14, 2011, for the purpose of submitting to the qualified voters of the City
propositions regarding certain amendments to the City Charter of the City of The Colony,
Texas (hereinafter referred to as the "Charter Amendment Election"), showed that there were
the following votes "Yes" and "No" for each of the following propositions:
(1) Proposition No. 1. Shall the City Charter be amended throughout to (A) correct non-
substantive errors such as misspellings, punctuation, grammar and sentence stricture; (B)
provide non-substantive clarifications and include better descriptive language of the
matters addressed in the Charter; (C) conform notice, publication and election
requirements to state law; (D) authorize the provision of certain notices on the City's
Internet website; (E) revise references to repealed or obsolete provisions of state law; and
(F) reformat and reorganize the Charter?
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 473 298 771
No 66 40 106
(2) Proposition No. 2. Shall Section 1.08 of the City Charter, entitled "Specific powers" be
amended to (A) remove the "may sue and be sued" language contained in the City
Charter; (B) remove the "may be impleaded in all courts in all matters whatsoever"
language contained in the City Charter; and (C) add Section 12.10 to the City Charter to
provide that nothing in the-City Charter is intended to waive the City's governmental
immunity from suit and/or damages?
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 356 232 588
No 168 95 263
(3) Proposition No. 3. Shall Section 2.04 of the City Charter, entitled "Member
qualification" be amended to (A) clarify that any City Council member may forfeit his or
her office for the following reasons: he or she fails to maintain the qualifications of
office; be convicted of a felony, class A or B misdemeanor, or crime involving moral
turpitude; holds another public office; moves from the City of The Colony; or fails to
attend three (3) consecutive regular meetings without first being excused by City
Council; (B) clarify the forfeiture of office shall be automatic resulting in a vacancy, and
shall not holdover in the office; (C) clarify any forfeiture in office shall be filled by a
special election; (D) amend the City Charter to provide that no member of City Council
may become an appointed officer or employee of the city from the current two (2) years
to one (1) year after vacating office, and (E) add to the City Charter that no member of
City Council may become city manager within two (2) years after vacating such office?
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May 17, 2011
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturda , May 14, 2011: of Votes:
Yes 480 315 795
No 51 29 80
(4) Proposition No. 4. Shall Section 2.08 of the City Charter, entitled "Council
compensation" be amended to authorize the City Council members to receive
compensation from the current $25.00 per regular meeting to $100.00 per month?
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 298 184 482
No 241 161 402
(5) Proposition No. 5. Shall Section 3.07 of the City Charter, entitled "Establishment of
administrative departments" be amended to provide the following: (A) rename the section
"Establishment of administrative departments, offices and agencies;" (B) city manager
may establish, abolish, redesignate and/or combine departments, offices or agencies; (C)
City Council may, after hearing recommendations of the city manager, may prescribe the
functions and duties of such departments, offices and agencies; (D) except as provided
elsewhere in the City Charter, all departments, offices and agencies of the City shall be
under the direction and supervision of the city manager and shall be administered by
officers appointed by and subject to the direction and supervision of the city manager; (E)
city manager may, with the consent of the City Council, serve as the head of one (1) or
more city departments, offices or agencies or appoint one (1) person as head of two (2) or
more of them; and (F) repeal Section 12.11 of the City Charter which currently provides
that City Council by ordinance shall establish procedures for appeals for all employee
dismissals and such appeals shall be through channels with the City Council being the
final authority?
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 349 222 571
No 166 97 263
(6) Proposition No. 6. Shall Section 7.11 of the City Charter, entitled "Limitations on
recall," be amended to provide the following: (A) that no member of the City Council
may be recalled within six (6) months after the person's election to City Council; and (B)
no member of City Council shall be subject to more than one (1) recall election during
any one (1) term of office?
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 313 195 508
No 206 134 340
(7) Proposition No. 7. Shall Section 8.01 of the City Charter, entitled "Power of initiative,"
be amended to provide that the power of initiative shall not extend to an ordinance
relating to the budget or capital program, appropriation of money, issuing of bonds, levy
of taxes, salaries of City officers or employees, or any zoning amendment or amendment
to the City's comprehensive plan?
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 365 226 591
No 146 86 232
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May 17, 2011
(8) Proposition No. 8. Shall Section 8.02 of the City Charter, entitled "Power of
referendum," be amended to provide that the power of referendum shall not extend to an
ordinance relating to the budget or capital program, appropriation of money, issuing of
bonds, levy of taxes, or any zoning amendment or amendment to the City's
comprehensive plan?
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 346 210 556
No 162 99 261
(9) Proposition No. 9. Shall Section 10.02 of the City Charter, entitled "Budget" be
amended to provide the city manager shall submit a proposed budget to the City Council
prior to the thirty-first (31st) day of July each year, and the budget shall provide a
complete financial plan for the fiscal year and shall contain, but not be limited to the
following: a budget message that shall consist of an outline explaining the proposed
financial policies of the city for the upcoming fiscal year; a consolidated statement of
anticipated receipts and proposed expenditures of all funds; tax levies and tax collections
from the previous fiscal year; a proposed list of upcoming expenditures for all bonds; a
projected list of capital projects which are proposed to be undertaken within the three (3)
next succeeding years; and other such information as may be required by City Council?
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 475 296 771
No 45 33 78
(10) Proposition No. 10. Shall Section 11.03 of the City Charter, entitled "Conflict of
interest," be amended to provide the following: (A) it shall be grounds for removal from
office or termination of employment with the City if an official knowingly violates this
Charter provision or participates in a vote or decision on any matter involving a business
entity or real property in which the official has a "substantial interest," consistent with
chapter 171 of the Texas Local Government Code; (B) any willful violation of this
section shall constitute malfeasance in office and any officer or employee found guilty
thereof shall thereby forfeit his or her office or position; and (C) any violation of this
section with the knowledge, express or implied, of the person or the corporation
contracting with the governing body of the City shall render the contract involved
voidable by the city manager or the City Council?
Total Number of Total Number of Votes on Total Number
Earl Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 474 295 769
No 51 36 87
(11) Proposition No. 11. Shall Section 11.05 be added to the City Charter, entitled "Boards
and commissions," to provide no person serving on any board, commission or committee
may be related within the second degree by consanguinity or the first degree by affinity
to any City Council member or other member serving on the same board, commission or
committee?
Total Number of Total Number of Votes on Total Number
Early Voting Votes: Saturday, May 14, 2011: of Votes:
Yes 445 261 706
No 81 64 145
Motion to approve- Connelly; second by Harris; motion passed with all ayes.
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May 17, 201 1
2.2 Discuss and consider approving an ordinance canvassing and declaring the
results of an election held on May 14, 2011 for the purpose of electing four (4)
city council members, and calling a run-off election if necessary to be held on
June 18, 2011 (City Secretary)
Mayor McCourty read the results of the city council election as follows:
"SECTION 2. Canvass of General Election.
(a) The returns of the General Election, including the returns of early voting ballots, duly and
legally made, showed that there were for the general election of officers held on Saturday, May 14, 2011,
the following votes:
Council Member, Place 3 (Three Year Term)
Name of Candidate Total Number of Total Number of Votes Total Number
Early Voting Votes on May 14, 2011 of Votes
Jeff Connelly unopposed candidate
Council Member, Place 4 (Three Year Term)
Name of Candidate Total Number of Total Number of Votes Total Number
Early Voting Votes on May 14, 2011 of Votes
Kathy Braby 139 83 222
David Terre 217 78 295
Council Member, Place 5 (Three Year Term)
Name of Candidate Total Number of Total Number of Votes Total Number
Early Voting Votes on May 14, 2011 of Votes
Perry Schrag 62 54 116
Bill Degener 34 24 58
Council Member, Place 6 (Three Year Term)
Name of Candidate Total Number of Total Number of Votes Total Number
Early Voting on May 14, 2011 of Votes
Femi Omonije 17 15 32
Joel Marks 48 41 89
Casey Truskunas 15 21 36
Motion to approve- Harris; second by Connelly; motion passed with all ayes.
And with no further business to discuss the meeting was adjourned at 9:00 p.m.
APPROVED:
u(Ti1SY✓X~2~y,
Joe McCoutry; Ma
City of The 6"ot f
ATTE
Christie Wilson, TRMC,
City Secretary
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