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HomeMy WebLinkAbout10/30/2012 City Council-SS October 30, 20 12 Special Session MINUTES OF SPECIAL SESSION OF COUNCIL HELD ON OCTOBER 30, 2012 The Special Session of the City Council of the City of The Colony, Texas, was called to order at 6:32 p.m. on the 30th day of October, 2012, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilmember Present (7:15 p.m.)) Richard Boyer Councilmember Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Absent Joel Marks Mayor Pro-Tem Present (6:35 p.m.) And with four council members present a quorum was established and the following items were addressed: CALL TO ORDER Convened Executive Session at 6:33 p.m. 1. City Council shall convene into a closed executive session pursuant to Section 551.074 of the TEyAs GOVERNNIENT CODE regarding personnel matters to interview applicants for appointments to the following boards: Denton County Transportation Authority Representative No Action (Item 8.E.) Reconvened Open Session at 7:04 p.m. 2. Council to interview applicants for appointments to the following Advisory Boards: Cultural Arts, Community Image, Library, Board of Adjustment Council interviewed two people for reappointment to the Library Board. Motion to appoint Joanna Kruger to the Library Board- Terre; second by Mikulec; motion passed with all ayes. Motion to appoint Jade Kelly to the Library Board- Terre; second by Boyer; motion passed with all ayes, 3. Discuss and consider approving a resolution accepting a preliminary service and assessment plan, including a reimbursement agreement for the City of The Colony October 30, 2012 Special Session Public Improvement District No. 1, ordering a public hearing for Tuesday, November 20, 2012, to consider the levy of an assessment on property located within the City of The Colony Public Improvement District No. 1, and authorizing the publication of notice and mailed notices for said hearing (City Attorney) City Attorney Jeff Moore stated that this item will not be addressed, advising it is not ready and anticipates it will be on the November 20`x' agenda. 4. Discuss and consider approving a resolution awarding a bid and authorizing the city manager to issue a purchase order for the purchase of playground equipment and fall zone surfacing for Kids Colony 2 playground (Parks, Nelson) Parks Director Pam Nelson gave a presentation for items 4 and 5. She reviewed the master plan for the park, saying it will have a Pioneer Town theme and include a sensory garden. The reviewed the budget, bids received, and tentative schedule. Depending on the weather she plans to have a community build day in the spring of 2013 that will complete the project. Motion to approve with a correction to the total dollar amount ($10 off in the proposed resolution) to $184,136- Marks; second by Connelly; inotion passed with all ayes. 5. Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for the site work and construction of Phase II of Kids Colony 2 playground (Parks, Nelson) Motion to approve- Terre; second by Boyer; motion passed with all ayes. 6. Discuss and consider authorizing the city manager to execute purchase orders for the purchase of replacement vehicles as approved in the 2012-13 annual budget (Finance, Cranford) Finance Director David Cranford reviewed the details of the proposed purchases, including the vehicle types selected. Assistant Chief Chris Chandler provided details of how the department vehicle options were assessed, adding that there will be an additional $10,000 in police equipment that will be installed by the auto dealer (Sam Pack Ford). Motion to approve- Marks; second by Boyer; motion passed with all ayes. Convened Executive Session at 8:05 p.m. 7. 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 KCK Utility Construction, Inc. and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Sections October 30, 20 12 Special Session 551.071 and 551.074 of the TEXAS GOVERNMENT CODE to receive legal advice from City Attorney, and to deliberate the evaluation, reassignment, dismissal or duties of Cultural Arts Board members. C. 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 development related issues, including zoning, platting, vested rights statute, RLUIPA, and Fair Housing Act. D. 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 libel, slander, or defamation causes of action, and related civil or criminal remedies. Reconvened Open Session at 10:20 p.m. 8. A. Any action as a result of executive session (Item 7.A.) regarding litigation between KCK Utility Construction, Inc. and the City of The Colony. Councilmember Terre read the following prepared motion: I move to approve the settlement of all matters in dispute between the City and KCK Utility Construction, Inc., Independence Casualty anal Surety Company, and Insurance Company of the West, resolving all matters in the laâ–ºvsuit by the City against KCK and the Surety Defeu~dan~ts, and I fan°ther move to aurthoril,e the City Manager and/or the City Attorney's Office to execute the Settlement Agreement and any and all documents related thereto- Terre; Second by Connelly; motion passed ivith all ayes. B. Any action as a result of executive session (Item 7.B.) regarding the evaluation, reassignment, dismissal or duties of Cultural Arts Board members. No action. C. Any action as a result of executive session (Item 7.C.) regarding development related issues, including zoning, platting, vested rights statute, RLUIPA, and Fair Housing Act. No action. D. Any action as a result of executive session (Item 7.D.) regarding libel, slander, or defamation causes of action, and related civil or criminal remedies. No action. E. Any action as a result of executive session (Item 1.) regarding personnel matters to wit: appointments to the Denton County Transportation Authority. No action. 9. Discuss and consider making appointments to the Advisory Boards (Item 2.). October 30, 2012 Special Session Motion to appoint Bob Bourbon- Connelly; second by Miknnlec; all ayes Motion to appoint Liz Ripperger- Connelly; second by Marks; all ayes Motion to appoint Donna Arnold- Connelly; second by Mikulec; all ayes Motion to appoint Jack Jones (Place 4, effective January 2013)- Mikulec; second by Boyer; all ayes No other appointments were made. And with no further business to discuss the meeting was adjourned at 10:29 p.m. APPROVED: rJe McCou~y, Mayor of The Colony ATTEST: Christie Wilson, TRMC City Secretary fi '