HomeMy WebLinkAbout10/04/2011 City Council
October 4, 2011
MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
October 4, 2011
The Regular Session of the City Council of the City of The Colony, Texas, was called to
order at 7:12 p.m. on the 4th day of October 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
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 - First Baptist Church
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Recognize the Convention & Visitor Bureau for recent accomplishments
Citizen Input -Christi Martin expressed her thanks to area groups and businesses
that supported the Fall for the Arts event.
Announcement of upcoming civic events and activities Presentation from the
Library Director regarding current and upcoming programs, events, and service
improvements. Presentation from Joe Perez of the Community Image Department
on programs and upcoming events. Councilman Terre encouraged participation
in the Paint a Bowl program and Friday Night Feats.
2.0 CONSENT AGENDA
2.1 Consider approval of minutes of council meetings held September 20, 2011
[Harris absent] (City Secretary)
1 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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October 4, 2011
2.2 Consider approving council expenditures for August 2011 (Council)
2.4 Consider approving a resolution amending the 2011-2012 Master Fee
Schedule to add a health permit fee for convenience stores (Community
Image/Health)
2.5 Consider approving a resolution amending the 2011-2012 Master Fee
Schedule to add and/or adjust fees for foundation repair, re-roofing, siding,
organization signs, and special event signs (Development Services)
2.6 Consider approving a resolution authorizing the city manager to execute an
engagement letter with Fulbright and Jaworski L.L.P. to serve as bond
counsel for the city (Finance)
2.7 Consider approving a resolution authorizing the city manager to execute a
contract with Western Enterprises, Inc. for the 2011 American Heroes and
the 2012 Liberty by The Lake aerial fireworks displays and issue appropriate
purchase orders (Finance)
Motion to approve above consent agenda items- Harris; second by Connelly; motion
passed with all ayes.
Mayor McCourry requested item 2.3 be addressed separately.
2.3 Consider approving a resolution designating The Colony Courier-Leader as
the official newspaper of the city for legal publications for fiscal year 2011-
2012 (City Secretary)
The mayor thanked Blaine Crimmons from The Colony Courier Leader
newspaper for his coverage of the city and local events.
Motion to approve- Harris; second by Connelly; motion passed with all ayes.
At 7:53 pm Councilman Connelly made a motion to reconsider item 2.7.
Motion to reconsider- Connelly; second by Harris; motion passed with all ayes.
2.7 Consider approving a resolution authorizing the city manager to execute a
contract with Western Enterprises, Inc. for the 2011 American Heroes and
the 2012 Liberty by The Lake aerial fireworks displays and issue appropriate
purchase orders (Finance)
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October 4, 2011
Motion to approve above with amending location to Five Star Park for the American
Heroes event- Sehrag; second by Connelly; motion passed with all ayes.
3.0 REGULAR AGENDA ITEMS
3.1 Discuss and consider approving a resolution authorizing the city manager to
execute a contract with Environmental Systems Research Institute, Inc. for
the enterprise license for Geographic Information Systems (IT)
IT Manager Bruce Maker stated it was time to renew the subscription for the
Geographic Information System (GIS) service. The cost of the service is
$35,000.00 per year with a three year contract. Without a contract, the annual fee
is $47,000.00. Councilman Harris confirmed the cost was split between the
departments using the service.
Motion to approve above - Harris; second by Boyer; motion passed with all ayes.
3.2 Second reading, discuss and consider adopting an ordinance amending
Article XI, Signs, of Chapter 6 of the Code of Ordinances by establishing
regulations for flags and flagpoles; by adding new definitions for
"Abandoned Sign," "Flagpole," "Organization Event Sign," and "Placard
for Organization Event Signs;" and by amending the regulations for the
removal and/or impoundment of prohibited, noncompliant and/or
abandoned signs. (Development Services, SI10-0013)
Development Services Director Mike Joyce suggested passing an amended
ordinance including only the Organization Event Sign portions. This type of sign
will be used to direct citizens and visitors to community events, notices, and
similar items to reduce visual clutter. The remaining items will be reviewed by
the Sign Board and brought back to the council at a later date. The location for
placing the Organization Event Signs will be reviewed by council at a future
meeting.
Motion to approve above - Harris; second by Terre; after firrther discussion,
Councilman Terre withdrew his second. Councilman Harris amended his
motion to approve a modified ordinance to include under Section 3, item C the
group and event must be within the city of The Colony; second by Connelly;
motion passed with all ayes.
3.3 First reading, conduct a public hearing, and discuss an ordinance amending
Code of Ordinances, Chapter 8, entitled "Finance and Taxation", by adding
a new Section 8-13 providing for the taxation of tangible personal property in
transit (EDC)
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October 4, 2011
Economic Development Director Keri Samford explained the city previously
passed a similar resolution in 2007. New legislation requires the city to reaffirm
the action and adopt a new ordinance. The Mayor opened the public hearing at
7:51 p.m. With no one wishing to speak, at 7:52 p.m., the public hearing was
closed. No further action was taken.
3.4 Discuss and consider approving a resolution authorizing the city manager to
execute an Advance Funding Agreement with the Texas Department of
Transportation to fund the preliminary engineering, right of way acquisition,
and construction expense for the Memorial Drive/Spring Creek Parkway
connecting road (Engineering)
Director of Engineering Gordon Scruggs presented the information regarding the
Advance Funding Agreement with the Texas Department of transportation to fiend
the Memorial Drive grade separation from Navaho Lane to Spring Creek Parkway
with an overall project cost of $17,220,000. The agreement outlines the scope of
the project. The Texas Department of Transportation will provide 80%
($13,776,000) of the funding, Denton County will provide 20% ($3,444,000) in
local match funds and in-kind service.
Motion to approve above - Terre; second by Boyer; motion passed with all ayes.
Executive session was convened at 7:59 .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 a closed executive session pursuant to
Section 551.087 of the TEXAS GOVERNMENT CODE to deliberate commercial
or financial information the city has received from a business prospect, and
to deliberate the offer of a financial or other incentive to a business prospect,
and receive legal advice from city attorney pursuant to Section 551.071 of the
TEXAs GOVERNMENT CODE regarding economic development laws and
possible incentives.
C. Council shall convene into a closed executive session pursuant to
Section 551.074 (1) of the TEXAs GOVERNMENT CODE regarding personnel
matters to wit: City Manager contract.
D. Council shall convene into a closed executive session pursuant to
Section 551.071 (2) of the TEXAS GOVERNMENT CODE to seek legal advice
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October 4, 2011
from the city attorney regarding acquisition of utility easements for two
properties located on F.M. 423.
E. Council shall convene into a closed executive session pursuant to
Section 551.074 (1) of the TEXAS GOVERNMENT CODE regarding personnel
matters to wit: interview applicants for Alternate Municipal Court Judge.
Reconvened to Open Session at 10:26 p.m.
4.2 A. Any action as a result of executive session regarding litigation between
John McDonald and the City of The Colony.
Motion to reject the deniaand for payment and compliance with the terms of purported
Rule 11 Agreement, as reflected in the September 21, 2011, letter from Ray Vela
to Ed Voss, because no Rule 11 Agreement or other settlement document
between the City and Mr. McDonald has ever been approved by the City
Council - Schrag; second by Connelly; motion passed with all ayes.
B. Any action as a result of executive session regarding economic
development negotiations.
No action taken.
C. Any action as a result of executive session regarding City Manager
contract.
Motion to authorize the Mayor to execute the Amended Employment Agreement with
Troy Powell as presented- Connelly; second by Boyer, motion passed with all
ayes.
D. Any action as a result of executive session regarding acquisition of
utility easements for two properties located on F.M. 423.
Motion to authorize the City Manager to execute any and all necessary paperwork for
the acquisition of the utility easements for two(2) properties located on F.M.
423, consistent with the price and terms as discussed in executive session-Terre;
second by Connelly; motion passed with all ayes.
E. Any action as a result of executive session regarding appointment of
Alternate Municipal Court Judge.
Motion to appoint Amber Slayton and Kristine Primrose as Alternate Municipal Court
Judges for a term through September 30, 2013 -Boyer; second by Terre; motion
passed with all ayes.
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October 4, 2011
And with no further business to discuss the meeting was adjourned at 10:29 p.m.
APPROVED:
e McCourry, Mayor ,
City of The Colony
ATTEST:
C ristie Wilson, TRMC
City Secretary _t
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