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Home My WebLink About09/21/2009 City Council September 21, 2009 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 21, 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 21st day of September 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 - Lakeway Baptist Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- none Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Starting in October the regular City Council meetings will be held on the first and third Tuesdays. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held September 8, 2009 [Mikulec and Schrag absent] (Wilson) 2.2 Consider approval of council expenditures for August 2009 (Wilson) 2.3 Consider approval of a resolution authorizing the mayor to execute an Interlocal Agreement with Denton County for Library services (Sveinsson) 2.6 Consider approval inter-fund transfers (Mansfield) 2.7 Consider approval of a resolution approving a Sublease Agreement between Old American Golf, LLC and Escalante- Tribute for the sublease and operations of the Old American Golf Course at Wynnewood Park (Nelson) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 September 21, 2009 Motion to approve above consent agenda items- Harris; second by Boyer; motion passed with all ayes. Councilmember Schrag requested separate discussion on 2.4 and 2.5. 2.4 Receive report from the Planning and Zoning Commission regarding activity in 2008-2009 and authorize initiation of projects for 2009-2010 (P&Z Annual Report (Morrison) Councilmember Schrag asked who will work on the Unified Development Code (included on the upcoming projects list). City Planner Wes Morrison advised it will be reviewed by staff, the Planning and Zoning Commission and the Code Enforcement Advisory Board. He added that the Thoroughfare Plan was last reviewed in late 2007 or early 2008. Motion to approve-Schrag; second by Connelly; motion passed with all ayes. 2.5 Consider approval of a resolution repealing the 2009-2010 Master Fee Schedule and amendments, and replace same with new Master Fee Schedule for Fiscal Year 2009-2010 effective October 1, 2009 (Mansfield Councilmember Schrag asked for an explanation of "Shoreline Variance Mitigation" fees included in the fee schedule. Parks Director Pam Nelson explained that homeowners living along the shoreline who wish to maintain the adjacent Corps of Engineers property in some way must, per Federal requirements, pay a one-time mitigation fee according to the schedule. The fees are placed into a separate account and must be spent on other Corps properties, such as in the leased parks, for mitigation purposes. Motion to approve- Schrag; second by Harris; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approval of an ordinance approving the City of The Colony revised budget for fiscal year 2008-2009 and adopting the budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010; 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 (Mansfield) Acting Finance Director Gwen Mansfield provided a summary of the budget, the tax rolls, and the effects on the budget of a two-tenths of a cent reduction in the tax rate. She added that this budget includes 89 days in the General Fund fund balance, and 104 days in the Utility Fund fund balance. Motion to approve- Schrag, second by Mikulec; 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 (Mansfield) L September 21, 2009 Gwen explained that House Bill 3195 requires a separate vote ratifying the revenue increase in the budget. City Attorney Bob Hager explained to the council that even though the tax rate is being reduced, the revenue has increased due to new development. Motion to approve the resolution ratifying the tax revenue increase reflected in the budget- Harris; second by Marks; motion passed with all ayes. 3.3 Discuss and consider approval of an ordinance adopting the City of The Colony tax rate of $.688 per $100 valuation for fiscal year 2009-2010 (Mansfield) Gwen reviewed the current and proposed tax rates, the rollback and effective rates, and the tax saving per average home based on the two-tenths of a cent tax rate reduction. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. 3.4 Conduct a public hearing and discuss an amendment to Ordinance No. 08- 1772 regarding the schedule of uses for Planned Development District No. 22, commonly known as Austin Ranch located south of S.H. 121 and west and east of Plano Parkway (Z09-008, Morrison) Wes Morrison told the council that this item is at the request of the property owner and staff. He said it originated with the desired addition of "transit uses" in the Comprehensive Plan however additional uses have been identified here in order to offer the property owner more flexibility toward bringing in a greater variety of businesses into the area. The proposal would affect all of the Austin Ranch area. Mayor McCourry opened the public hearing at 7:30 p.m. Bob Hager stated that he had a discussion with the property owner regarding the transit uses and stated they are in favor of adding other uses as well. Councilmember Connelly asked whether this contradicts the original amount of acreage per use. It was confirmed that the original allotment for multi-family has not changed. Public hearing closed at 7:36 p.m. Motion to approve- Marks; second by Harris; motion passed with all ayes. 3.5 Discuss and consider adopting the Cultural Arts Board By-laws (Margolis/CAB) Councilmember Connelly confirmed with the city attorney that the Cultural Arts Board ordinance takes precedence over these by-laws in the event of a conflict. Mayor McCourry asked Bob Hager whether the "grant policy" will contain rules for applying for grants. Bob replied it will; also that he will provide the legal information to the board to prepare the needed documents. Motion to approve- Connelly, second by Boyer; motion passed with all ayes. 3 September 21, 2009 Council adjourned for Executive Session at 7:40 .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. C. City Council shall convene into 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 Wynnwood Peninsula Partners LLP, the City of The Colony and the City of Frisco. 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 City Manager. E. City Council shall convene into closed executive session pursuant to Sections 551.071 and 551.072 of the TExas GOVERNMENT CODE to seek legal advice from the city attorney regarding acquisition of right of way/real property in Wynnwood Peninsula, and pending litigation in reference to Lang v. City of The Colony. F. City Council shall convene into closed executive session pursuant to Section 551.071 of the TExas GOVERNMENT CODE to seek legal advice from the city attorney regarding ordinance number 07-1728, PD 16, commonly known as Churchill Residential, located at 6245 Morning Star, The Colony, Texas. Reconvened to Open Session at 10:10 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 addressed. C. Any action as a result of executive session regarding litigation with the City of Frisco regarding pending litigation between Wynnwood Peninsula Partners LLP, the City of The Colony and the City of Frisco. No action. 4 September 21, 2009 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 City Manager. No action. E. Any action as a result of executive session regarding acquisition of right of way/real property in Wynnwood Peninsula, and pending litigation in reference to Lang v. City of The Colony. No action. F. Any action as a result of executive session regarding ordinance number 07-1728, PD 16, commonly known as Churchill Residential, located at 6245 Morning Star, The Colony, Texas. No action. And with no further business to discuss the meeting was adjourned at 10:12 p.m. APPROVED: , Mayor Xe Mc46cyolony City of ATTEST: ris e Wilson, TRM , CMC City Secretary 5