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Home My WebLink About01/19/2010 City Council-SS January 19, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JANUARY 19, 2010 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:16 p.m. on the 19th day of January 2010, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCouny Mayor Present Allen Harris Councilmember Absent Richard Boyer Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Mayor Pro-Tern Present 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 - Tony Johnston 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. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held January 5, 2010 (Wilson) 2.2 Consider approval of council expenditures for December 2009 (Council) 2.3 Consider approval of a resolution authoring the mayor to execute an Interlocal Cooperation Agreement for fire service in Denton County (Thompson) 2.4 Consider approval of a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement for ambulance service in Denton County (Thompson) Motion to approve- Marks; second by Connelly; motion passed with all ayes. I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 January 19, 2010 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider approving the installation of speed control humps to improve pedestrian safety at trail crosswalk in alley in the Legends subdivision (Scruggs) City Engineer Gordon Scruggs reviewed that at the last meeting the city council approved a process by which the city can install speed humps in alleyways under certain conditions and after a public hearing is held. This particular location has limited visibility for alley drivers approaching a city trail crossing. This alley is over %Z mile long from Matson to Morningstar. At the last council meeting it was decided to consider speed humps on all four approaches to the crossing. Gordon reviewed the design of the proposed speed humps and funding sources, and stated it will take two to four weeks to complete installation. The public hearing was opened at 7:32 p.m. Mr. James Bullington who lives close to the area stated that he contacted neighbors and asked council to consider an alternative to the speed humps. He said the neighbors and he would like a barrier instead that would close off the through traffic at this particular spot. It was noted that there are several other access points for the residents to reach the rear of their homes. Mayor McCourry asked Gordon to bring a comparison (of these two options) back to council for consideration. After considerable discussion the public hearing was closed at 7:55 p.m. City Attorney Bob Hager advised the council that in order to barricade the city would have to legally abandon the alleyway. Fire Chief Scott Thompson asked that he be allowed input after he checks on whether fire apparatus will still have ample turning radius if the barricade in installed. Motion to table to the second meeting in February- Boyer; second by Marks; motion passed with all ayes. 3.2 Discuss methods and guidelines for the issuance of debt and certificates of obligation (Connelly) Councilmember Connelly said he would like some information and discussion on the differences and pros and cons of issuing certificates of obligation and general obligation bonds, which require a bond election for authorization. Finance Director Rebecca Koo introduced Marti Shew a financial advisor with First Southwest. Marti provided two handouts to the council that contain general information on both types of debt, and reviewed in detail a "Decision Tree" (See Exhibit A) that breaks down factors that should be considered for using either type of debt. Several council members expressed that the Decision Tree clearly presents factors to consider. 3.3 Receive presentation, discuss and provide direction to staff on capital projects being financed and debt structure of 2010 debt issue (Koo) Marti presented details on the specific uses of the proposed certificates of obligation for 2010, with and without the proposed Public Services Building included. She said that this debt issue is for a twenty-year amortization, with the exception that the equipment is considered in years 1-5 only. The payment, to include the Public Services Building, would be about $200,000 annually. Discussion followed regarding the fact that much of the debt issuance is to pay for 2 January 19, 2010 items already purchased (by way of reimbursement resolutions) with a desire by some to avoid this in the future. Since it is unknown at this time whether the city's tax roll will be increased or reduced Mayor McCourry stated that he prefer they wait on the Public Services Building until that is known, and possibly do another debt issuance later in the year for that purpose. The inclusion of the proposed Public Services Building and when it should be funded prompted an informal poll among council members. While Councilmember Connelly expressed a desire to include the building with this issuance the remaining council members said they prefer to do this debt issuance without it, indicating however that funding the Public Services Building be addressed in August. 3.4 Receive presentation regarding the annual report for the Development Services Department (Joyce/Browder) Development Services Director Mike Joyce and Iris Browder presented a PowerPoint presentation reviewing the activity of each division of the department for the past two years. Mike also presented goals for the next year. 3.5 Discuss and consider making appointments to fill vacancies on the Cultural Arts Board (Council) Mayor McCourry polled the council members as to their two choices to fill two vacancies. Five chose Liz Ripperger, two chose Christi Martin, and three chose Donna Arnold. Liz was appointed to Place 2 and Donna was appointed to Place 3. Executive Session was convened at 9:47 .m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS LOCAL 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 LOCAL 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. The City Council shall convene into executive session pursuant to Section 551.071(a) and (b) of the TEXAS LOCAL GOVERNMENT CODE to discuss and deliberate with the city attorney and or special legal counsel the following pending matter in litigation or matters involving attorney-client privilege, to wit: Cause No. 2007-40026-362; Thomas McMorrow and Sonya McMorrow, Individually and as Next Friends of Kyle McMorrow, a Minor v. Bounce for Fun, Thomas Edward Mahony, and the City of The Colony. 3 January 19, 2010 D. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS LOCAL GOVERNMENT CODE to deliberate the offer of a financial or other incentive to a business prospect (WN). E. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAS LOCAL GOVERNMENT CODE to deliberate the offer of a financial or other incentive to a business prospect (TF). Reconvened to Open Session at 10:30 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. Not addressed. 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 Cause No. 2007- 40026-362; Thomas McMorrow and Sonya McMorrow, Individually and as Next Friends of Kyle McMorrow, a Minor v. Bounce for Fun, Thomas Edward Mahony, and the City of The Colony. City Secretary read the caption of a resolution as follows: A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN THE FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT IN RELATION TO CAUSE NO. 2007-40026-362; THOMAS MCMORROW AND SONYA MCMORROW, INDIVIDUALLY AND AS NEXT FRIENDS OF KYLE MCMORROW, A MINOR v. BOUNCE FOR FUN, THOMAS EDWARD MAHONEY, AND THE CITY OF THE COLONY; PROVIDING AN EFFECTIVE DATE Motion to approve- Mikulec; second by Marks, motion passed with all ayes. D. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect (WN). City Secretary read the caption of a resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE COLONY ECONOMIC DEVELOPMENT CORPORATION AND WRITE NOW! OFFICE PRODUCTS, INC. WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT A; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE Motion to approve- Connelly; second by Boyer; motion passed with all ayes. 4 January 19, 2010 E. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect (TF). City Secretary read the caption of a resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE COLONY ECONOMIC DEVELOPMENT CORPORATION AND RUTH VENDING, INC. AND JUMBO SHOTS, INC., WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT A; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE Motion to approve- Boyer; second by Connelly, motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 10:35 p.m. APPROVED: oe Mc Co , Mayor City of T~ Colony ATTEST: ~X, Christie Wilson, TRMC, CMC~= City Secretary 7E x Pia 5 Yes • - Bonds Servic Without it? No Sell CO's i _s Sell Opportunity to Is Time a A • ♦ ♦ - Bonds Project ice ♦ Yes Sell CO'S • Sell Revenu Bonds High Sell CO's ♦ ♦ ♦ - Bond,-,