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Home My WebLink About09/17/2007 City Council September 17, 2007 ~/..~ /' i ..~) r- .r-. 'j ~.J ~ t) L -< MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 17, 2007 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 17th day of September 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 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 Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Citizen Jeff Connelly spoke concerning the Blue Sky site plan approved on the September 4, 2007 agenda. Specifically, he asked for a council member to request this item be reconsidered due to the stipulations included with the motion for approval. He said he believes P&Z suggestions should not be criteria for approval by the P&Z or the city council. Announcement of upcoming civic events and activities 1_ Mayor Dillard read a Constitution Week proclamation and presented it to Alyce Ruffie who accepted it on behalf of the local chapter of the Daughters of the American Revolution. Steve Eubanks announced the first recycling rebate was in the amount of $2,300.00 and will be applied back to the residents on the October utility bill (approximately $2.25 per household). In the future the rebates will occur monthly. He reminded citizens not to set out the recycling container if the content is low. Fall Cleanup is scheduled on October 27th at the Hawaiian Falls parking lot from 8 a.m. until noon. I 2.0 I CONSENT AGENDA Mayor Dillard advised that item 3.7 should have been listed under the Consent 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. '\ \""" r r ~.J ,~.> (> t.) " September 17,2007 Agenda and asked whether there were any objections to moving it there for consideration. There were no objections. 2.1 Consider approval of minutes of council meetings held August 30th and September 4th, 2007 (Wilson/Kelly) 2.2 Consider approval of correcting previously approved city council meeting minutes for August 6 and 27, 2007 (Wilson) 2.3 Consider approval of monthly council expenditures for August (Council) 2.4 Consider approval of renewing Municipal Court Judge Deanna Burnett's appointment and compensation agreement for a two year term retroactive to August 15, 2007 and expiring on August 14, 2009, and authorize a compensation increase (Council) 2.5 Consider approval of Inter-fund transfers (Koo) 2.6 Consider approval of a resolution repealing the 2006-2007 Master Fee Schedule and adopting a new Master Fee Schedule for 2007-2008 (Koo) 2.7 Consider approving use of Hotel Occupancy Tax funds for promoting and advertising the Lakeside Arts Foundation Fear Factory event (Cultural Arts Board) 3.7 Receive report from the Planning and Zoning commission regarding activity in 2006-2007 and authorize initiation of projects for 2007-2008 (SI07-0012, Bateman) Motion to approve- McCourry; second by Marshall; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss and consider approval of an ordinance approving the revised budget for fiscal year 2006-2007 and adopting the budget for the fiscal year beginning October 1, 2007 and ending September 30, 2008; providing for the intra and inter-department fund transfers; providing for the investment of certain funds; providing expenditures for said fiscal year to be made in accordance with said budget; providing for an additional floating holiday for the employees (Koo) Finance Director Rebecca Koo reviewed the budget including the major revenues and expenditures for the general fund and utility fund. She said the approval of the ordinance includes amending the 2006-2007 budget and adopting the proposed budget for 2007-2008. The budget is based on a tax rate of $.715 cents per $100 valuation. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.2 Discuss and consider approval of a resolution ratifying the property tax revenue increase reflected in the budget in accordance with House Bill 3195 (Koo) Rebecca explained this resolution to ratify the property tax increase reflected in the budget is a new requirement ofHB 3195. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. 2 September 17, 2007 3.3 Discuss and consider approval of an ordinance adopting the City of The Colony tax rate of $.715 per $100 valuation for fiscal year 2007-2008 (Koo) t- ') . , "}t)iJ Rebecca stated the proposed tax rate of 71.5 cents is the same as for the current year. Two public hearings were held and all required notices were published. Citizen Jeff Connelly spoke in favor of reducing the tax rate of at least one-half cent. "I move that property taxes be increased by the adoption of a tax rate of $.71 cents per $100 valuation"- McCourry; second by Harris; motion failed with the following vote: Ayes- McCourry, Harris, Schrag Nos- Dillard, Marshall, Mikulec, Marks "I move that property taxes be increased by the adoption of a tax rate of $.715 per $100 valuation"- Marshall; second by Marks; motion passed with all ayes except for McCourry and Harris who voted no. 3.4 Discuss and consider approval of a resolution adopting the amended investment policy dated September 17,2007 (Koo) Rebecca stated this is the yearly investment policy submitted for council approval. She reviewed the primary objectives of the policy- safety, liquidity, and yield. She also reviewed the authorized investments including the government pools, and read the list of authorized brokers. Councilmember Marks asked whether the city has done business in the past with the listed brokers. Rebecca replied they have used some. She also said that they included the eight most used for quotes in the past for the recommended list of eight. Motion to approve as amended- McCourry; second by Marshall; motion passed with all ayes. 3.5 Discuss and consider approval of an ordinance amending the Code of Ordinances, Chapter 6 Article IX, by adding Section 6-161 Standards and Regulations For Donation Boxes, and Section 6-162 Maintenance (SI07-0011, Bateman) Donna Bateman advised that council members had an opportunity to review a draft of this ordinance at the July 2nd meeting. At that time council requested a section on maintenance be added. Donna reviewed the entire ordinance. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.6 Discuss and consider approval of an ordinance amending the Code of Ordinances, Section 6-75(e) regarding fence locations within the visibility triangle (SI07-0014, Bateman) Donna reviewed the specifics of this ordinance amendment and explained how it impacts fences where driveways, alleys and streets intersect. Councilmember Harris said he felt the descriptions of the different scenarios were not accurately 3 \) r-~ r~. , i (';. .' 'l) tJ 'J OJ .' '.' September 17,2007 reflected in the diagram and suggested it be revised. City Attorney Bob Hager advised that the diagram can be expanded to make it clearer. Motion to table until the next meeting- Harris; second by Mikulec; motion passed with all ayes. Council ad'ourned to Executive Session at 7:49 .m. 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. D. Co.uncil shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding zoning ordinance and administration of the comprehensive land use plan. E. 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 a contract with Chiang, Patel, & Yerby, Inc. for engineering services. Reconvened to Open Session at 8:40 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. No action. 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. 4 September 17, 2007 .' .'. " C" "l ,C th1 ' ." .oj D. Any action as a result of executive session regarding zoning ordinance and administration of the comprehensive land use plan. No action. E. Any action as a result of executive session regarding a contract with Chiang, Patel, & Yerby, Inc. for engineering services. Motion to authorize the city manager to terminate the contract with Chiang, Patel & Yerby, Inc. concerning the well site #3 ASR; and to authorize the city manager to reallocate previous payments toward the future payments and services on the following contracts: 1) Office Creek well site #1 improvements, and 2) Phase I of the residential water main design- Harris; second by Marshall; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 8:43 p.m. APPROVED: ATTEST: (!Ltu- W~ Christie Wilson, TRMC, City Secretary 5 September 17, 2007 The approved minutes for the City Council Meeting held August 6, 2007 shall be amended in red as follows: I 2.0 I CONSENT AGENDA 'IH\OI Dillarcl ,ullwlmntllh<il tht dt\ IJ\.Hlagn ha'i rt'lJllt..1t,tl 1t('1II 2 ft lit l'un..t'ul ii2tnd<l 1m (oll"iiclt'l<tlioll al '. hltt'r lilllt I pullt.tJ frolll Iht 2.1 Consider approval of minutes of council meetings held July 2 and July 16, 2007 (KellylWilson) 2.2 Consider approval of a correction to the minutes of the June 18, 2007 city council meeting adding a motion and vote to item 3.7 (Wilson) 2.3 Consider approval of council expenditures for the month of June (Council) 2.4 Consider approval of a resolution authorizing the appointment of Sue Parks as representative and Lorraine Clark as alternate representative to the North Texas Regional Library System for the term ending August 31, 2009 (Sveinsson) 2.5 Consider approval of a resolution setting a public hearing for the proposed budget for fiscal year 2007-2008 on August 20, 2007 at 7 p.m. (Koo) J,h (H"~f aVf~HHal- .... a n'~Hlution ad(lll1ill~ ...... ,t'\~ ht~"""t-f.Iw.ftt P+>>W\ Hatt'fl \~ 4.J.(.)ij7 f Io.mtl 2.8 Discuss and consider approval of an ordinance amending the 2006-2007 budget to reimburse storm debris removal costs by transferring funds from the Fund Balance to the General Fund Non-Departmental account (Johnston) Motion to approve above consent agenda items- McCourry; second by Schrag; motion passed with all ayes. This amendment to the August 6,2007 City Council meeting minutes removing Item 2.6 from the consent agenda is hereby authorized by council approval on this the 17th day of September, 2007. APPROVED: ATTEST: C~~A~:1~_dJJ~ Ishe WIlson, CIty Secretary September 17, 2007 The approved minutes for the City Council Work Session held August 27,2007 shall be amended in red as follows: 1. Work Session to discuss the 2007-2008 Municipal Budget. 4) The number of sidewalk repair requests by council district: (a) Place 3- 31 (b) PliiH .J- 72 (c) Phu i ~- 67 (d) Plan h- 72 This amendment to the August 27, 2007 City Council meeting minutes adding the correct city council place numbers for the sidewalk repairs is hereby authorized by council approval on this the 17th day of September, 2007. APPROVED: ~ill~~ ty of The Colony ATTEST: ~~d W~"- . tie WIlson, CIty Secretary