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Home My WebLink About08/03/2009 City Council August 3, 2009 0 0~ ~J MINUTES OF REGULAR SESSION OF COUNCIL HELD ON AUGUST 3, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 3rd day of August 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Mayor Pro-Tem Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with seven council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Richard Boyer Pledge of Allegiance to the United States Flag Salute to the Texas Flag Marine Quest report on Hidden Cove Park development and renovations- Ottis Lee, Development Manager for Marine Quest, advised the council that due to June storm damage at other facilities they've had to pull work crews from Hidden Cove Park to make repairs. They expect to resume construction at Hidden Cove Park around August 26th Pirate Days report - Volunteer Coordinator for Pirate Days Lisa Leary reviewed the planned programs and activities for this year. She added that advertising for this year's event will include advertisements at AMC movie theaters, as well as printed ads in magazines and newspapers. Citizen Input- Justice of the Peace James DePiazza announced two seminars he will be conducting in the near future. One is regarding landlord/tenant relationships on September 1St and the other is regarding parent rights and responsibilities on October 6th. Both will be held at the Community Center from 7-8:30 p.m. Steve Davis asked the council to reconsider the local ordinance (Section 19-24) regarding parking of boats on the street. Craig Monka and Lou Roller announced a new local business Liberty National Insurance, specializing in financial products. Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 00SS3 August 3, 2009 2.0 CONSENT AGENDA 2.3 Consider approval of an ordinance setting August 17, 2009 as the date for a public hearing on the proposed budget for fiscal year 2009-2010 (Mansfield) 2.4 Consider approval of a resolution authorizing the appointment of Sandi Gehrke as representative and Sue Parks as alternate representative to the North Texas Regional Library System for the term ending August 31, 2011 (Sveinsson) Motion to approve above consent agenda items- Marks, second by Harris; motion passed with all ayes. Councilmember Boyer requested Item 2.1 be addressed separately. 2.1 Consider approval of minutes of council meetings held July 20, 2009 (Wilson) Councilmember Boyer stated he was absent for this meeting. Motion to approve-Connelly, second by Schrag; motion passed with all ayes except for Boyer who abstained. Councilmember Schrag requested Item 2.2 be addressed separately. 2.2 Consider approval of an ordinance approving a negotiated resolution regarding Atmos Energy's rate review mechanism, declaring rates unreasonable, authorizing reimbursement of cities' expenses, and adopting tariffs that set just and reasonable rates (Sparkman) Councilmember Schrag asked Bob Sparkman to clarify "tariff', that it is not a tax but a rate. After a brief discussion Councilmember Schrag stated he would like more time to review. Councilmember Harris confirmed that the city hall building is considered commercial. Motion to table to August 17th- Schrag; second by Connelly, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Presentation of preliminary municipal budget for FY 2009-2010 and schedule a budget work session for August 5, 2009 (Mansfield) Finance Manager Gwen Mansfield advised the council that the Certified Roll for 2009-2010 is $2,146,276,451, which is $12,524,107 or .59% greater than last year's Certified Roll. New construction amounts to $72,868,773 per the Denton Central Appraisal District. The current tax rate is $.69. A '/2 cent reduction for 2009-2010 is presented in this preliminary budget. With the average home value at $153,371 a '/2 cent reduction will save the homeowner $7.67 in city property tax for next year. The decrease in tax revenues will be $20,897. The total reduction in tax revenues due to the '/2 cent reduction amounts to $107,314. 2 August 3, 2009 Gwen added that the total General Fund budget expenditure is $22,742, 533 with 89 working days in the fund balance. The Utility Fund budget is $13,439,559 with 104 working days in the fund balance. There are no proposed water or sewer rate increases. Lastly, General Debt Service for 2010 is $10,848,860, and Utility Debt Service is $6,000,000. The annual debt service payment per 1M for 20 year payout is $84,500. A budget work session is scheduled for August 5, 2009 at 7 p.m. and a public hearing on the budget is scheduled for August 17th at 7 p.m. 3.2 Receive presentation, discuss, and approve a resolution adopting the Community Development Corporation Master Plan (Nelson) Community Development Director Pam Nelson gave a brief overview of this project and introduced representatives from Halff Associates who prepared the plan. Adam Wood explained the plan which includes six components to improve the quality of life in The Colony. He also reviewed the opportunities, challenges, the public input process, assessment of current park acreage, funding needs and the recommendations. It was noted that the Homeowner Association parks are not included in park acreage for the neighborhoods. CDC President Don Beckel reviewed the board's prioritized task list. Citizen Jeff Scoggins spoke in favor of the plan. While not definite, Mr. Wood said that priority one items in the plan should be planned for years 5-7, and the remaining items up to 20 years. Several council members stated that Stewart Creek Park renovations should be a high priority. Councilmember Connelly requested a more detailed ranking for the 5-7 year range. Councilmember Harris added that the plan does not obligate the city but serves as a guide for staff and the CDC. Keith Helms said there is a CDC list of prioritized (CIP) for the next 2 years, which includes renovating five of the existing community parks. Motion for a work session with the CDC on August 13th at 7 p.m.- Schrag; second by Harris; After some discussion about a tentative date Harris withdrew his second; motion died for lack of a second. Motion to approve- Harris; second by Marks; motion failed with the following vote: Ayes- Harris, Schrag, Marks Nos- McCourry, Boyer, Connelly, Mikulec Councilmember Boyer noted that ordinance and fees changes have yet to be considered, and Councilmember Mikulec stated he would like to also discuss "viewsheds". Motion for a work session with the CDC on September 16th and to table 3.2 until September 21St " Connelly, second by Mikulec; motion passed with all ayes except for Marks who voted no. 3 UU33%) J August 3, 2009 3.3 Discuss, consider and take appropriate action regarding the hiring and reporting process for the Economic Development Corporation Director [tabled 7/201 (Council) Mayor McCourry reviewed this item and recognized citizen Mike Lynch who requested to speak. Mr. Lynch stated that the board should evaluate the director position. Council members gave their individual opinions on whether the Economic Development Director should report to the board, city council, or to the city manager. During the discussion it was clarified that per the city charter, the city council may not hire/fire employees (other than city manager, city secretary, city attorney, and municipal court judge). The city attorney stated that an ordinance could be written to allow the council to directly oversee this position as well, as long as it doesn't violate the charter. The position would likely be that of a contractor rather than a city employee with employee benefits. [It was pointed out that the EDC pays the full salary including benefits by way of a transfer of funds to the city.] The attorney added this would be an unusual arrangement. Further, it was noted that if the benefits afforded to city employees were not available then it could affect the ability to attract candidates to fill the position. While the council members were originally split on who the EDC director should report to, this prospect was not desirable. It was the general consensus of council that if the director continues to report to the city manager the board should be involved in the interview and review process. Citizen Lisa Leary stated she feels the position should be filled by a resident of the city. Motion to continue having the Economic Development Director report to the City Manager- Connelly; second by Harris; motion passed with ayes. 3.4 Discuss and consider amending the Policy & Procedure for Advisory Boards and Commissions, and provide direction regarding its content [tabled 7/20] (Council) Council considered the suggestions presented and provided direction regarding the content of a final procedure document. Citizen Mike Lynch suggested the boards receive training on the particulars of pass/fail of motions. Motion to approve- Harris; second by Schrag; motion passed with all ayes. 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 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 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not discussed. 4 August 3, 2009 0 O 8 8 '3 C. City Council shall convene into closed executive session pursuant to Section 551.071(1) of the Texas Government Code to consult with the City Attorney and to discuss and consider authorizing the City Attorney to file or consider litigation with the City of Frisco regarding the extraterritorial jurisdiction of the City of The Colony. Reconvene to Open Session 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 pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not discussed. C. Any action as a result of executive session regarding litigation with the City of Frisco regarding the extraterritorial jurisdiction of the City of The Colony. No action. And with no further business to discuss the meeting was adjourned at 12:15 a.m. on August 4, 2009. APPROVED: e McCo rry, Mayor City of T e Colony ATTEST: s?; 1 s Christi ilson, TRMC, C City Secretary ~X As 5