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HomeMy WebLinkAbout08/17/2009 City Council August 17, 2009 0 0 s s i t MINUTES OF REGULAR SESSION OF COUNCIL HELD ON AUGUST 17, 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 17th 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 (Arrived 7:11) Perry Schrag Councilmember Absent Joel Marks Councilmember Present And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Friendship Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation on city history project - Don Beckel, The Colony History Project Committee Chair, presented copies of "Bridges to the Future: The Pre- Incorporation History of The Colony, Texas". The book was written by Mr. Beckel and is based on the committee's historical and genealogical research. Freese & Nichols presentation of national award to the city - David Jackson, Ray Longoria, and Theodore Chan presented the Mayor with two Engineering Excellence Awards received from the American Council of Engineering Companies and Texas Council of Engineering Companies. The city received the awards for the Wastewater Treatment Plant improvements. Citizen Input - Alyce Rufi invited council members and their wives to attend the 3rd Annual Council Appreciation Covered Dish on September I1 at 6:30 p.m. at the Community Center. Announcement of upcoming civic events and activities Mayor McCourry reminded everyone to shop The Colony. He announced Library Director Joan Sveinsson was not present for Library announcements, and that Perry Schrag was out on business. 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 UWi~tl August 17, 2009 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held August 3 and August 5 (Schrag and Marks absent), 2009 (Wilson) 2.2 Consider approval of council expenditures for the month of July 2009 (Council) 2.4 Consider holding the first city council meeting in September on Tuesday September 8, 2009 due to the Labor Day holiday (Council) 2.5 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 [tabled 8/31 (Sparkman) 2.6 Consider approval of a resolution authorizing the city manager to sign an Interlocal Agreement with the University of Texas at Austin for provision of Internet access and related services to the Library (Sveinsson) 2.7 Consider approval of a resolution authorizing the city manager to execute an amendment to the Communications Facility Lease Agreement with T-Mobile West Corporation for expansion of communications equipment at 5033 Clover Valley (Scruggs) 2.8 Consider approval of a resolution authorizing the city manager to execute an amendment to the Communications Facility Lease Agreement with Nextel of Texas to approve a contract sublease for communications equipment at 5260 North Colony Boulevard (Scruggs) 2.9 Consider approval of a resolution authorizing the city manager to execute a Communication Facility License Agreement with Clear Wireless, LLC for installation of communications equipment at 5033 Clover Valley (Scruggs) Motion to approve above consent agenda items - Harris, second by Connelly, motion passed with all ayes. Councilmember Connelly requested Item 2.3 be addressed separately. 2.3 Consider appointing Wendy Gunderson to fill a vacancy on the Animal Control Advisory Board (Barrington) Councilmember Connelly expressed his concern regarding the need to interview the applicant. Motion to table until the applicant can be interviewed - Harris; second by Connelly. Wendy Gunderson was in attendance and available for an interview or to answer any questions from the council. Motion withdrawn -Harris. 2 August 17, 2009 0088 Wendy presented council with her background information relative to the Animal Control Advisory Board position. Motion to appoint Wendy Gunderson - Harris; second by Connelly; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct the first public hearing and discuss the annexation of 40.29 acres located north of Lebanon Road and west of F.M. 423 (A09-0002, Morrison) Wes Morrison, City Planner, stated a public hearing was scheduled for tonight in order to discuss the annexation of 40.29 acres located north of Lebanon Road and west of F.M. 423. He stated the city annexed the property on July 6, 2009. Mayor McCourry opened the public hearing at 7:35 p.m. and with no one wishing to speak closed the public hearing at 7:35 p.m. 3.2 Conduct the first public hearing and discuss the annexation of 4.87 acres located north of Lebanon Road and west of F.M. 423 (A09-0003, Morrison) Wes stated a public hearing was scheduled for tonight in order to discuss the annexation of 4.87 acres located north of Lebanon Road and west of F.M. 423. He stated the city annexed the property on July 6, 2009. Mayor McCourry opened the public hearing at 7:36 p.m. and with no one wishing to speak closed the public hearing at 7:36 p.m. 3.3 Conduct a public hearing, discuss and consider an ordinance amending Ordinance 09-1802 to include approximately 40.29 acres located north of Lebanon Road and west of F.M. 423 by rezoning the property from Agricultural to Planned Development (Z09-0006, Morrison) Wes stated a public hearing was scheduled for tonight in order to discuss rezoning of the recently annexed 40.29 acres from Agricultural to Planned Development. The Planning & Zoning Commission recommended approval. Mayor McCourry opened the public hearing at 7:37 p.m. and with no one wishing to speak closed the public hearing at 7:37 p.m. Although the property owner was not in attendance, Bob Hager, City Attorney, stated the property was subject to the previously approved and executed Pre-Annexation Agreement which adds this property into the current Planned Development for that area. Motion to approve - Harris, second by Connelly; motion passed with all ayes. 3.4 Conduct a public hearing, discuss and consider an ordinance amending Ordinance 09-1802 to include approximately 4.87 acres located north of Lebanon Road and west of F.M. 423 by rezoning the property from Agricultural to Planned Development (Z09-0007, Morrison) Wes stated a public hearing was scheduled for tonight in order to discuss rezoning of the recently annexed 4.87 acres from Agricultural to Planned Development. The Planning & Zoning Commission recommended approval. Mayor McCourry 3 00ss~ August 17, 2009 opened the public hearing at 7:41 p.m. and with no one wishing to speak closed the public hearing at 7:41 p.m. Councilmember Connelly requested an executive session with the city attorney. Executive Session convened at 7:43 p.m. Regular session reconvened at 7:46 p.m. Motion to approve - Harris; second by Connelly, motion passed with all ayes. 3.5 Discuss and consider taking action regarding making a contribution/payment to the Children's Advocacy Center in FY 2009-2010 (Boyer) Councilmember Boyer stated funds for this contribution/payment would come from an existing Child Safety Fund. The Child Safety Fund is made up of funds received from Denton County and payments received for certain types of traffic citations. Use of these funds for a contribution/payment to the Children's Advocacy Center is allowable because of the services they provide to the city. Dan Leal, Executive Director for the Children's Advocacy Center, stated the center works in partnership with The Colony Police Department and Child Protective Services on criminal investigations regarding abuse against children. Some of their services include video interviews with children, coordinating with various agencies on investigations, and providing medical evaluations for sexual assault victims. Last year they served 57 residents from The Colony, and provided 758 services to The Colony residents and The Colony Police Department. Dale Cheatham, City Manager, said that Police Chief Joe Clark reported the Children's Advocacy Center provided invaluable services. He also gave a financial summary of the Child Safety Fund and said there is approximately $10,000 available. Councilmember Harris said since the budget would not be impacted he would consider a contribution up to $10,000 instead of the original request of $5,000. Councilmember Connelly asked if the Child Safety Funds could provide a renewable source of funding that could be sustained every year for this contribution. Dale stated because there is currently a surplus in the Child Safety Fund it would be possible to sustain funding for the next two years. Motion to authorize the City Manager to enter into an agreement with the Children's Advocacy Center of Denton County for an allocation from the Child Safety Fund to provide $7,500 in the 2009-2010 budget - Boyer, second by Mikulec; motion passed with all ayes. 3.6 Conduct a public hearing and discuss the proposed 2009-2010 City of The Colony Municipal Budget, discuss the proposed tax rate, and set the date of September 21, 2009 for adoption of the budget and voting on the tax rate (Mansfield) Gwen Mansfield, Acting Finance Director, presented council with information for the 2009-2010 proposed budget. She stated the certified tax roll for 2009 was approximately $2.146 billion compared with last year's certified tax roll of $2.134 billion, for a total increase of $12.5 million or .59 percent. New development was 4 OOHL August 17, 2009 valued at $72.9 million. The current tax rate is .69 cents per $100 valuation. The proposed tax rate is .685, which reflects a '/2 cent reduction and represents an average savings of $7.67 per home. The total revenue reduction is $107,314. She reported the General Fund budget is $22,742,533 with 89 working days in the fund balance. The Utility Fund budget is $13,439,559 and includes 104 working days in the fund balance. There are no proposed increases to the water and sewer rates for next year. New debt is expected to be issued in the summer of 2010. The General Debt Service portion is $10.8 million and the Utility Debt Service portion is $6 million. The annual debt service payment per $1 million for a 20 year payout is $84,500. As a result of the August 5th Special Work Session, Gwen stated the following items needed to be discussed: • an additional contribution from CDC for Five Star • funding for an additional firefighter/paramedic position to use as a rover between the three shifts • funding to lease backhoes, as necessary, instead of purchasing • funds for social service organizations, which was discussed in above Item 3.5 Gwen stated lowering the tax rate from $.69 to $.689 would result in a decrease in tax revenue of $21,463. She also said lowering the tax rate to $.6875 would result in a decrease in tax revenue of $53,657. Mayor McCourry opened the public hearing at 8:16 p.m. and with no one wishing to speak the public hearing was closed at 8:16 p.m. Councilmember Marks inquired about the absence of an ambulance at Fire Station #2. Fire Chief Scott Thompson stated the location of the city's two ambulances is based on the location and number of calls received throughout the city. Chief Thompson also stated all staff is paramedic certified, therefore they are able to initiate advanced life support techniques regardless of ambulance location. Council also inquired about the additional firefighter/paramedic position included in the proposed 2009-2010 budget. Fire Chief Scott Thompson stated this firefighter/paramedic position would be assigned to fill in for shifts on a long- term basis. All council members were in favor of adding an additional roving firefighter/paramedic position. Mayor McCourry asked council members to share their ideas regarding the tax rate. Councilmember Connelly provided a handout to other council members showing various tax rate reduction scenarios based on a 4 percent revenue increase. He stated he would like to use this as a guideline or mechanism to use in lowering the tax rate over the next few years. Bob Hager, City Attorney, reminded council that legally the current council could not bind a future council regarding the tax rate. Councilmember Boyer stated if a one-half cent tax rate reduction was not possible, he would even consider other increments, such as a one-tenth of a cent or one-quarter of a cent. He also stated he didn't wish to lower taxes, and have to raise fees to offset the difference. Councilmember Harris stated he wasn't in favor of a tax rate reduction this year if that meant having to raise taxes next year. Councilmember Marks questioned if it was even prudent to 5 ooss~s August 17, 2009 consider a reduction with the current economic times and voiced his concern about the future; he favored no tax decrease this year. Councilmember Mikulec stated his concern in reducing the tax rate this year, but possibly having to raise it next year; he would consider a one-tenth or two-tenths of a cent reduction or keeping the current tax rate. Mayor McCourry stated based on new building growth in the city and the results from Denton County Appraisal District he would like stay with the current tax rate. Councilmember Connelly said he favored a two-tenths of a cent reduction for the next five years. 3.7 Discuss and consider approval of a resolution voting for one candidate to serve on the Denco 9-1-1 District Board of Managers (Council) Motion to nominate Bob Radder - Harris; second by Marks; motion passed with all ayes. 3.8 First reading and discuss an ordinance amending the Code of Ordinances, Chapter 2, Division 2, Cultural Arts Board, by repealing it in its entirety and replacing it with a new Division 2 to include authorizing the Cultural Arts Board to award grants (Council) City Attorney Bob Hager stated this was the first reading of the proposed ordinance reflecting changes the council had previously requested authorizing the Cultural Arts Board (CAB) to award grants. He said the item will be placed on the consent agenda at the next city council meeting. Councilmember Harris asked Bob for some clarification regarding the ordinance. It didn't list a specific dollar amount and he wanted to ensure that council would be able to authorize future funding requests. Bob stated council has the responsibility to grant funds, which can be done in the budget or amended by resolution for additional amounts. The ordinance only authorizes the CAB to oversee funds that have been approved by council. Bob also added the use of the funds is limited based on whether funds are from the general fund or HOT funds. Loan Lux, CAB President, asked council about guidelines for the CAB to follow relating to this item. Mayor McCourry stated the CAB needed to put together guidelines/by-laws regarding this item. The by-laws will be presented to council for approval at a future meeting. Executive session was convened at 9:17 .m. 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. 6 August 17, 2009 00,384 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. D. " City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code regarding personnel to wit: deliberate the terms and conditions of the appointment, employment, and reassignment of duties of the Assistant City Manager to serve as Interim City Manager. Reconvene to Open Session at 11:11 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 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. D. Any action as a result of executive session regarding the terms and conditions of the appointment, employment, and reassignment of duties of the Assistant City Manager to serve as Interim City Manager. Mayor McCourry stated this item will be discussed further at the next city council meeting. And with no further business to discuss the meeting was adjourned at 11:11 p.m. APPROVED: J e McCourry, Mayo City of The Color r) r ATTEST- Christie Wilson, TRMC, CMC City Secretary 7