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Home My WebLink About08/20/2007 City Council August 20, 2007 tJd0480 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON AUGUST 20, 2007 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 20th day of August 2007, 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 Absent And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input Announcement of upcoming civic events and activities '- If approved on the Consent Agenda the first regular council session in September will be held Tuesday, September 4, 2007. Mayor Dillard thanked all the volunteers who helped with the Shoreline Cleanup at Stewart Creek Park. Councilmember Harris announced the Back to School Bash at P&R the next day for students. Councilmember McCourry announced that the American Legion retired approximately 600 American flags at a recent ceremony, and in the future they want to plan the event in conjunction with Flag Day. Kevin Albury thanked the council for the steps taken by the city to help resolve issues he and others have had with road construction in his neighborhood. Mayor Dillard announced he was pulling items 2.4 and 3.7 off the agenda. City attorney Bob Hager advised council that item 2.7 on the consent agenda is for a construction contract not employment by the city. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held August 6, 2007 (Wilson) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. /' f:~ ~..' _ ,J U 'j; 0..) v August 20, 2007 2.2 Consider approval of holding the first regular City Council meeting in September on Tuesday, September 4,2007 (Council) 2.3 Consider approval of council expenditures for the month of July (Council) 2.5 Consider accepting the resignations of alternate municipal court judges Milton Colegrove and Jean Crutchfield (Council) 2.6 Consider approval of an ordinance amending the Code of Ordinances, Section 19- 10-(b) establishing a 25 MPH speed limit on Paige Road between Avery Lane and North Colony Boulevard during the construction of Paige Road (Eubanks) 2.7 Consider approval of a resolution authorizing the employment of Hammons Construction, Inc. to lay fiber optic cable between City Hall and Fire Station 3 (Koo) 2.8 Consider approval of a resolution authorizing the city manager to enter into a Consent and Estoppel Certification in connection with a Ground Lease by and between the City of The Colony and CNL Income Colony, LP (Hager) Motion to approve above consent agenda items-Schrag; second by Harris; motion passed with all ayes. Item 2.4 not discussed. 2.4 Consider terminating the existing developer's agreement for the parking lot expansion at Hawaiian Falls (Nelson) I 3.0 I REGULAR AGENDA ITEMS I 3.1 Conduct a public hearing on the proposed City of The Colony Municipal Budget for fiscal year 2007-2008 and set the date of September 17, 2007 to adopt the municipal budget (Koo) Finance Director Rebecca Koo reviewed the certified tax roll, adding there is a 6.84% increased over the previous year. She reviewed the General Fund, Utility Fund, and the new and refunding debt. Work sessions for this budget are August 15th and August 2ih. Public hearing was opened at 7:20 p.m. Joyce Fulco asked for a listing of new employees proposed. Jeff Connelly asked that the increased revenue be shared with the residents through a tax cut. Public hearing closed at 7:22 p.m. Motion to set the date of September 17,2007 to adopt the 2007-2008 budget- Harris; second by Marshall; motion passed with all ayes. 3.2 Discuss the proposed 2007-2008 tax rate not to exceed 71.5 cents per $100 valuation for the taxable value of all property real and personal, located within the City of The Colony to be adopted on September 17, 2007, take a record vote and schedule public hearings on the proposed tax rate on August 30 and September 4, 2007 (Koo) Rebecca Koo said the proposed tax rate is 71.5 cents, the effective tax rate is 67.710 cents and the rollback tax rate is 71.523 cents. Whenever the proposed tax rate exceeds the effective or rollback rates, the council is required by state law to take a record vote and 2 August 20, 2007 ,~L U\-. V schedule public hearings on August 30th and September 4th, 2007. The council will adopt the tax rate on September l7, 2007. Mayor Dillard read statements from three citizens requesting a tax rate reduction. Citizen Jeff Connelly spoke requesting a tax rate reduction, citing the current rate of some neighboring cities, and stating he believes the tax rate affects development. Motion to approve a tax rate not to exceed 71.5 cents- Marshall; second by McCourry; motion passed with all ayes except for Harris who voted no. (Marks absent) 3.3 Discuss and consider approval of an ordinance authorizing the issuance and sale of the City's Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2007; levying an annual ad valorem tax and providing for the security for and payment of said certificates; approving the official statement; providing an effective date; and enacting other provisions relating to the subject. (Koo) Jason Hughes with First Southwest Company advised the council that the Certificates of Obligation principal amount is $14,750,000 with a 4.80% interest rate and twenty-year term. The uses include: construction of roads and fire stations, park improvements, landscaping, architectural services; engineering and renovations for public buildings, water and sewer systems; acquisition of land, equipment and vehicles. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.4 Discuss and consider approval of an ordinance authorizing the issuance of the City's General Obligation Refunding Bonds, Series 2007; establishing procedures for the sale and delivery of the bonds; levying an annual ad valorem tax for the payment of said bonds; and enacting other provisions relating to the subject. (Koo) First Southwest Company is recommending a Refunding Parameters Ordinance which allows council to pre-approve the refunding subject to certain guidelines and gives the city the flexibility to act immediately when the bond market improves. All parameters must be met. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing the mayor to enter into an Interlocal Cooperation Agreement with Denton County for resurfacing Boyd Road (Eubanks) Public Works Director Steve Eubanks explained to council this agreement is for the resurfacing of Boyd Road from the new Lebanon Road to the entrance to the Wynnewood Haven Estates. The existing surface will be scraped off and recycled as the base for a new blacktop. The county will pay $200,000 and the city will be responsible for the remaining approximately $130,000. 3 ,.I.. Augllst 20, 2007 Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.6 First Reading and discuss an ordinance amending the Code of Ordinances Section 19-4 by adding new paragraphs (g) and (h) to the authorities and duties of the City Traffic Administrator (Eubanks) Steve Eubanks explained this is the first reading of a new section to the code of ordinances that reiterates the authority of the traffic administrator to adjust speed limits on a temporary basis for construction and repair purposes. It will allow the police department to enforce those speed limits. The city attorney read the caption of the ordinance. 3.7 Discuss and consider approval of a resolution authorizing the city manager to enter into a construction change order for the Paige Road Improvement Project with Tiseo Paving Company to construct an addition to the Hawaiian Falls parking lot (Scruggs) Not discussed. 3.8 First reading and discuss an ordinance amending the Code of Ordinances Chapter 17, Fees, adding a new Section 17-8, Pro Rata Agreement. This section provides for the reimbursement of a portion of the cost of improvement and/or infrastructure from landowners benefiting from such improvements (Scruggs) City Engineer Gordon Scruggs explained this is the first reading of a new section to the code of ordinances that provides for the reimbursement of a portion of the cost of improvements and/or infrastructure from landowners benefiting from such improvements. The city attorney read the caption of the ordinances. Council ad"ourned to Executive Session at 7:55 .m. I4J) 4.1 EXECUTIVE SESSION 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. B. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. C. 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 John McDonald and Cheryl McDonald and the City of The Colony. 4 August 20, 2007 , ,~ ~- 0 ',.ivuu '0:.:, D. City Council shall convene into closed executive session to seek legal advice from the City Attorney pursuant to Section 551.071(2) and Section 551.076 of the TEXAS GOVERNMENT CODE to deliberate regarding security personnel and devices at the public safety building. Reconvened to Open Session at 9:09 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. No action. B. Any action as a result of executive session regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. Not addressed. C. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. No action. D. Any action as a result of executive session regarding security personnel and devices at the public safety building. Motion to authorize the police chief and city manager to make interim improvements in the public safety building security area; and, to authorize the city manager and police chief to bring an architectural services agreement to council for future improvements- Harris; second by Mikulec; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 9: 10 p.m. APPROVED: J hn Dillard, Mayor ity of The Colony (lJvJ~/' '--_~-_" "-,~--~:,: T, .;.y( O/.<~ ,/ "; ~~,_.l":. :\.~- /11.'<" "."5:,:.,\ ':i ., . , ," .' / JP~' ~~ . '~'\t . .1>.0 : fl~!f 'r- ". t,l, p, . ~ '"'1:;" "^ ..... . ...."'\ (.'J- "0 .,0 14,$'" ATTEST: 5