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Home My WebLink About09/06/2011 City Council September 6, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 6, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.m. on the 6th day of September 2011, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present Richard Boyer Mayor Pro-Tem Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present (arrived 7:30) Joel Marks Councilmember Present (arrived 7:20) 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- Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations- P1ayTC Month- Parks & Recreation Director Pam Nelson announced that September is P1ayTC month and provided a calendar of events. She also announced that The Colony has been named a Playful City USA. Mayor McCouiry read the proclamation. The Constitution Week proclamation was presented to Donna Adamo of the Daughters of the American Revolution. The Fire Department Honor Guard and Pipe Major held a special ceremony formally presenting to the city a piece of steel from the World Trade Center memorializing the 10th anniversary of the September 11, 2001 events. Mayor McCourry read the 9/11 Remembrance Day proclamation. Fire Chief Scott Thompson announced a ceremony to be held at Fire Station 1 on September I It" at 8:15 am. Recognize the City of The Colony as a Storm Ready Community- Mark Fox with the National Weather Service announced that the City of The Colony has been named a Storm Ready Community as a result of the certification efforts of the Fire Department intern Owen Swick. Some street signs were provided to be placed in the city. Recognize members of the City Manager's Leadership Committee- City Manager Troy Powell and HR Director Margaret Burkett recognized Megan Charters, Christie Copeling, Dean Dawson, Evan Groeshel, Garland Kerns, Jackie Kopsa, Dustin Palmer, and Thelisha Tawney for being on this committee for the past year. Troy add that the group's efforts had resulted in $8,000 in savings for the city. Recognize the Convention & Visitor Bureau for recent awards- (tabled) Citizen Input- none 1 September 6, 2011 Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. In addition to regular announcements Library Director Joan Sveinsson announced a new web address for the Library (www.thecolonypl.org.) Councilmember Terre reported on recent activity by the Animal Shelter Advisory Board and animal shelter staff, adding there has been in increase in adoptions this year. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held August 16 [Schrag absent] and 30, 2011 (City Secretary) 2.2 Consider approving council expenditures for July 2011 (Council) 2.3 Consider authorizing the mayor to cast a vote on behalf of the city council for the City of The Colony Human Resources Director Margaret Burkett to represent Region 8 on the TML Intergovernmental Employee Benefits Pool Board of Trustees for a three (3) year term beginning October 1, 2011 (Human Resources) 2.4 Consider accepting Matt Armstrong's resignation from the Board of Adjustment (Council) Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider adopting an ordinance approving a specific use permit for on-premise sale of alcohol at the Old American Golf Clubhouse located at 1001 Lebanon Road (SUP11-0003, Development Services) Development Services Director Mike Joyce reviewed this request for a Specific Use Permit to allow alcohol sales at this golf course. He reviewed the location and stated that all criteria has been met to approve the SUP. The public hearing was opened and closed at 7:46 p.m. with no one wishing to speak. Motion to approve- Harris; second by Boyer; motion passed with all ayes. 3.2 Conduct the second of two required public hearings to discuss the proposed 2011-2012 tax rate not to exceed 68.30 cents per $100 valuation for the taxable value of all property real and personal, located within the City of the Colony and announce council meeting date of September 20, 2011 to adopt tax rate (Finance) Troy Powell announced that this rate is a 1/4 cent per $100 valuation reduction in the rate from the current year. The public hearing was opened at 7:50 p.m. Michael Crupko asked for an explanation regarding the newspaper notice stating revenue increase yet Mr. Powell stated this is a tax decrease. It was explained These items are strictly public service announcements. No action will be taken and no direction will be given -regarding these items. 2 September 6, 2011 that the rate per $100 property valuation is going down '/4 cent but the property values have gone up, resulting in an overall revenue increase. Such an increase requires the newspaper notices and the two public hearings. The public hearing was closed at 7:56 p.m. 3.3 First reading and discuss an ordinance amending Chapter 2 of the Code of Ordinances by adding a new Section 2-8 designating those authorized to act in the city manager's capacity during absence or disability (Administration) City Manager Troy Powell explained that the charter provides for the council to appoint someone to act as city manager during absence or disability. The Code of Ordinance currently states who that person will be for some other council appointed positions but does not for the city manager. Adding this information will provide clarity as to who shall act in that capacity in such situations. Councilmember Connelly suggested an option be included beyond the assistant city managers who are listed. Language will be included that would allow the mayor to make an emergency appointment of a city staff person to be approved at the next regular city council meeting. Executive session was convened at 8:00 .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 the city attorney regarding litigation between John McDonald and the City of The Colony. B. Council shall convene into closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to interview applicants and to deliberate the appointment of the Municipal Court Judge. C. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding acquisition of utility easements for two properties located on F.M. 423. Reconvened to Open Session at 8:53 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 addressed. B. Any action as a result of executive session regarding the appointment of the Municipal Court Judge. Motion to appoint Kimberly Lafferty as municipal court judge to be effective October 1, 2011 and subject to the preparation of a contract on the terms as discussed in executive session, and approved by said municipal court judge- Terre; second by Boyer, motion passed with all ayes except for Harris who voted no. C. Any action as a result of executive session regarding acquisition of utility easements for two properties located on F.M. 423. 3 September 6, 2011 Motion to approve the acquisition of the utility easements on tracts 7 and 8 on the terms as discussed in executive session- Boyer; second by Harris; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 8:56 p.m. APPROVED: Jo(e McCourry, Mayor (City of The tolony ATTEST: Christie Wilson, TRMC City Secretary' 4