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Home My WebLink About09/18/2006 City Council September 18, 2006 008381 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 18, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 18th day of September 2006, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Councilmember Councilmember Mayor Pro-tern Councilmember Present Present Present Present Present Present Present And with seven council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - First Baptist Church Pledge of Allegiance to the United States Flag Pledge to the Texas Flag Citizen Input - none Veteran's Memorial Update- Dewey Famry told the council that after five years the Veteran's Memorial is complete. He said there are three sections containing 1,251 bricks and showed some photos of the area. There will be a Veteran's Day ceremony at the location on Saturday, November 11 th at 10 a.m. During this ceremony there will also be an official dedication of the city's new American Legion Post. Announcement of upcoming civic events and activities 1_ Public Works Director Steve Eubanks advised that TxDOT's closure of the middle of State Highway 121 at Morning Star should take place in the next few weeks. The turn-around at Paige should be completed for drivers exiting Morningstar to turn around and go northbound on S.H. 121. Mayor Dillard announced that the Crosstimbers Girl Scout Troop are making Pinwheels for Peace to display in front of city hall on September 21 st. I I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 008382 September 18, 2006 I 2.0 I CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held August 31 absent) and September 5, 2006 (Schrag absent) (Wilson) Consider approval of council expenditures for the month of August (Council) Consider approval of interfund transfers of $58,414 from the Park Improvement Fund and $126,748 from the Five Star Complex Fund to the SH1211FM423 General Fund for landscaping, irrigation, and sidewalk construction (Koo) I (Schrag 2.2 2.5 I Motion to approve above consent agenda items- Schrag; second by McCourry; motion passed with all ayes. Mayor Dillard and Perry Schrag asked for separate discussion on item 2.3. 2.3 Consider approval of a resolution adopting a new Master Fee Schedule for 2006-2007 (Koo) Mayor Dillard stated he would like to table this item since he has not had ample opportunity to study it. Motion to table until the next meeting- McCourry; second by Marks. City Manager Dale Cheatham reminded the council that the budget is based in part on this fee document. Councilmember Schrag confirmed that the old fee schedule will remain in effect until a new one is adopted. The next council meeting is scheduled for October 2nd, so there will be a delay in implementing the new fees, including utility fee increases. Motion passed with all ayes except for Marshall and Mikulec who voted no. I Councilmember Marks asked for separate discussion on item 2.4. 2.4 Consider approval of a report from the Planning and Zoning Commission regarding activity in 2005-2006 and authorize initiation of projects for 2007 (SI06-0049, Bateman) Councilmember Marks questioned the reasoning of re-writing the zoning ordinance that is included on the projects list. Donna advised that based on the current comprehensive plan and the S.H. 121 Master Corridor Plan there will be some major changes to the zoning ordinance. The city will need to identify uses, building height restrictions, etc. She added that state law is requiring some changes as well. Once the new comprehensive plan is completed later this year there will need to be some changes to the zoning. Motion to approve- Marks; second by Schrag; motion passed with all ayes. I 3.0 3.1 I REGULAR AGENDA ITEMS I Discuss and consider approval of an ordinance approving the revised budget for fiscal year 2005-2006 and adopting the budget for the fiscal year beginning October 1, 2006 and ending September 30, 2007; providing for the intra and inter-department fund transfers; providing for the investment of certain funds; and providing expenditures for the fiscal year to be made in accordance with said budget (Koo) I 2 September 18, 2006 008383 Finance Director Rebecca Koo reviewed the following information: I 2006 Certified Tax Roll- $1,877,873,846 2005 Certified Tax Roll- $1,778,538.568 Percent of Increase- 5.59% Proposed Tax Rate - 71.5 cents (currently at 72 cents) Cost of Living Adjustment for Employees- 4% General Fund Budget- $19,457,472 Rainy Day Fund- 65 days Capital Projects Fund- $7.25M New full time positions- 13, position upgrades-3, new part time positions 2 Utility Fund Budget- $11,292,283 Rainy Day Fund- 61 days Proposed Rate Increase- 9.75% New full time positions - 3 Capital Projects Fund $9M I Councilmember Marks stated he would like the Special Events Coordinator position eliminated. He also questioned the $50,000 contingency fund. The City Manager explained that there were originally two $50,000 contingency amounts, one of which (in the overall budget) was eliminated to help reduce the tax rate. The other one for one-time capital expenditures is still in the budget. Councilmember Mikulec stated he would like the Special Events Coordinator funded and asked whether the Hotel Occupancy Tax could cover all the expense. The city manager explained that the position would not be exclusively used for bringing outside visitors to the city but also for local citizens' events. Motion to approve the revised budget for fiscal year 2005-2006 and adopt the budget for fiscal year beginning October 1, 2006 and ending September 30, 2007 and delay the hiring of the Special Events Coordinator until it can be discussed at the October rd meeting- Marks; Councilmember Schrag requested he amend this motion to include the delay of hiring the Engineering Intern and the Landscape Irrigator pending further discussion and information. Councilmember Marks then amended his motion to include the delay of hiring the Engineering Intern and the Landscape Irrigator; second by Councilmember Schrag. I Councilmember Harris voiced his concern over the remammg contingency amount, saying that by eliminating it the tax rate could be reduced further. He asked Councilmember Marks to include it being eliminated in his motion. City Attorney Bob Hager advised that the motion on the floor is to adopt the budget with possible hiring delays. If council later decides not to fund any of the three positions then the dollars would be reallocated or go into the fund balance. The request made by Mr. Harris would have a different effect of actually changing the 3 008384 September 18, 2006 proposed budget and the proposed tax rate. Mayor Dillard asked for a vote on the motion. Motion passed with the following vote: Ayes- Marshall, McCourry, Schrag and Marks Nos- Dillard, Harris, Mikulec I Mayor Dillard then stated that due to Councilmember Mikulec being unable to attend the next meeting, they could delay the discussion until the second meeting in October. There were no objections. 3.2 Discuss and consider approval of an ordinance adopting the City of The Colony tax rate of $.715 per $100 valuation for fiscal year 2006-2007 (Koo) "I move that property taxes be increased by the adoption of a tax rate of $. 715 (71.5 cents) per $100 valuation"- McCourry; second by Harris; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider approval of a resolution authorizing an application to the Office of Rural Community Affairs for Community Development Block Grant Funding for housing rehabilitation, substandard structure removal, and graffiti removal (SI06-0053, CDBG, Bateman) Donna reviewed the purpose for the grant application. The public hearing was opened at 8:10 p.m. Mayor Dillard asked what the chances are for the city to actually be awarded funds. Donna replied that it's likely other cities may be more in need of funds and the chances are probably slim. Public hearing was closed at 8:12 p.m. Councilmember Marshall asked what the city's investment would be and Donna replied just staff time. I / Motion to approve- Harris; second by Marshall; motion passed with all ayes except for Mikulec who voted no. 3.4 Conduct a public hearing, discuss and consider the first reading of an ordinance annexing the Water's Edge Subdivision located northwest of the city with access from Augusta and Water's Edge Drive (A06-0001, Bateman) Council requested an Executive Session on this item in order to consult with the city attorney. Executive Session began at 8: 17 p.m. A recess was called from 8:45 p.m. until 9:10 p.m. and the Executive Session continued until 9:17 p.m. Open session was then re-convened. The public hearing was opened and closed at 9:20 p.m. with no one wishing to speak. Donna reviewed the property in question and advised that to move forward on this annexation project there would need to be six votes in favor. City Attorney Bob Hager read the caption of the ordinance and asked the council to take a record vote. Formal adoption of the ordinance is scheduled for November 6, 2006. I 4 nJ.'18'Ji'""I~ ,.> uoo September 18, 2006 Motion to take a record vote- Harris; second by Marshall; motion passed with all ayes. 3.5 Conduct a public hearing, discuss and consider the rezoning for a 4.064-acre tract of property located on the west side of Main Street, south of the existing Trinity Medical Center. The property is currently zoned Office-I. Light Commercial and General Retail zoning are proposed (Z06-0008, ValPlace Rezoning, Bateman) I Mayor Dillard announced that the applicant in this matter requested it be pulled from the agenda and it was not discussed. Executive Session bee:an at 9:25 p.m. I 4.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. Reconvene to Open Session 10:05 p.m. 4.2 A. Any action as a result of executive session regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. I No action. And with no further business to discuss the meeting was adjourned at 10:07 p.m. APPROVED: ~' Dillard, Mayor ty of The Colony ATTEST: C~jiid~h Christie Wilson, TRMC, City Secretary I 5