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Home My WebLink About08/17/2010 City Council1 August 17, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON AUGUST 17, 2010 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 August 2010, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Allen Harris Richard Boyer Jeff Connelly Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Mayor Pro-Tem Councilmember Councilmember Councilmember Absent Present Present Present Absent Present Present (arrived 7:15) And with four council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order J 1 Invocation- First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Special Recognition for Katie Lin afelter- Mayor Pro Tem Connelly presented Katie with a certificate of recognition for her recent winning, along with her horse Harley, of the 10 and Under Hunter Under Saddle World Championship at the 63rd Youth Appaloosa World Show. Citizen Input- Lynn Genung updated the council on Pirate Days. He reviewed the scheduled entertainment and admission costs, adding that parking is free. Lynn also told the council that ownership of the Pirate Days event has been transferred from the Chamber. Lastly, the event is now a Make-A-Wish partner for a special child. Announcement of upcoming civic events and activities The Parks Director provided an update on upcoming events including: the grand opening for the expanded disc golf course at Bill Allen Memorial Park, the Bow Wow Pow Wow, and Movies in the Park. Mayor Pro Tem Connelly announced that Mayor McCourry is out due to his father's illness, and on a related note he is pulling 3.1 off the agenda since the Mayor is the liaison for the Cultural Arts Board. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held August 2, 2010 [Marks absent] (City Secretary) 2.2 Consider approving a resolution adopting The Colony Public Library Long Range Plan for 2010-2015 (Library) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. August 17, 2010 2.3 Consider approving council expenditures for July 2010 (Council) 2.4 Consider approving a resolution approving the investment policy as amended for the City of The Colony (Finance) 2.5 Consider approving a resolution authorizing the city manager to sign an interlocal agreement with the University of Texas at Austin for Internet access and related services for The Colony Public Library (Library) 2.6 Consider approving a resolution authorizing the city manager to issue a purchase order to Graybar Electric with pricing available through the U.S. Communities Cooperative Purchasing Alliance for purchasing electrical components necessary to repair Water Well No. 4 (Utility) Motion to approve- Harris; second by Schrag; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approving a Request for Qualifications for a Cultural Arts Master Plan proposal for the City of The Colony (Cultural Arts Master Plan Committee) Not addressed. 3.2 Discuss and consider approving a resolution authorizing the city manager to execute a professional services contract with BKD, LLP for annual auditing of the city's financial statements (Finance) Finance Director Rebecca Lai stated that the previous contract for auditing expired last year. Staff reviewed seven bids received and are recommending BKD. Motion to approve- Boyer; second by Schrag; motion passed with all ayes. 3.3 First reading of an ordinance amending the Code of Ordinances Chapter 8 Article II Impact Fees, receive presentation, conduct a public hearing, and discuss Land Use Assumptions, Capital Improvements Plan and amendment of Office Creek Drainage Impact Fees (Engineering) City Engineer Gordon Scruggs told the council that a new methodology based on impervious area was used for calculating fees. As a result the new maximum fee being recommended is approximately 40% less than the current fees. He introduced Steven Galloway of Kimley-Horn who provided an overview of the report to include the service area, land use assumptions, existing land uses, population and employment projections, service unit calculations, and fees. Twenty-one projects were identified that will be funded by the drainage fees. Fifty-percent of the total fees can be recovered over a ten-year period, which is $663,329. Gordon noted that fees are assessed a developer at the time of plat filing proportional to the impervious area, and the fees are then collected upon the issuance of a building permit. A fee comparison was made with the city of Corinth. The public hearing was opened and closed at 7:50 p.m. with no one wishing to speak. This ordinance will be brought back to council for its second reading and approval on the September 7th consent agenda. 2 August 17, 2010 3.4 First reading of an ordinance, conduct a public hearing, discuss and provide guidance on the construction of a sidewalk on the west side of Morning Star, south of Cresent Drive and approximately 415 feet in length, and consider levying an assessment against the property owner (Engineering) Gordon Scruggs stated that the city received a request for the sidewalk along this area of Morning Star to be completed rather than waiting for the property to be developed. The property owner has been notified that the city is considering building the sidewalk then assessing the cost back to the owner upon development. The cost the city will incur initially is $18,260. The public hearing was opened and closed at 8:05 p.m. with no one wishing to speak. This ordinance will be brought back to council for its second reading and approval on the September 7th consent agenda. 3.5 Conduct a public hearing on the proposed City of The Colony Municipal Budget for fiscal year 2010-2011 and set the date of September 21, 2010 to adopt the municipal budget (Finance) Rebecca Lai reviewed the proposed budget to include the certified tax role, the current and proposed tax rate of .6855 (1/4 cent decrease from 2009-2010). No new positions or cost of living increases are included in the budget. It was stressed that revenues and expenditures are equivalent. Along with the tax rate decrease, staff is proposing a 2.5% decrease in water and sewer rates. The public hearing was opened at 8:11 p.m. with no citizens wishing to speak. Motion to continue the public hearing until September 21s, and to set the adoption date for September 21St- Schrag; second by Marks; motion passed with all ayes. 3.6 Conduct a public hearing, discuss and consider approving an ordinance regarding an application for a Specific Use Permit (SUP) to allow the off- premise sale of beer and wine for Walgreens #04719 located at the northeast corner of Paige Road and S.H. 121, also known as 5297 S.H. 121 (Planning) Planning Director Mike Joyce reviewed this request. He noted that the current zoning is Business Park, and he reviewed the city's restrictions for alcohol sales. Several other businesses nearby sell beer and wine. The public hearing was opened and closed at 8:20 p.m. with no one wishing to speak. Motion to approve- Marks; second by Boyer, motion passed with all ayes except for Harris who voted no. 3.7 Conduct a public hearing, discuss and consider approving an ordinance amending the Code of Ordinances, Appendix D, and the adopted 2007 The Colony Comprehensive Plan to provide the addition of definitions for the land use categories found on the adopted Future Land Use Plan Map (Planning) Mike Joyce told the council that the comprehensive plan definitions did not match the city's Future Land Map and this ordinance corrects that. The public hearing was opened and closed at 8:22 p.m. with no one wishing to speak. 3 August 17, 2010 Motion to approve- Schrag; second by Boyer; motion passed with all ayes. 3.8 Conduct a public hearing, discuss and consider approving an ordinance releasing from the City of The Colony's corporate city limits and extra territorial jurisdiction (ETJ) an approximately 22.391 acre tract of land in the BBB & CRR Survey Abstract No. 171 and BBB & CRR Survey, Abstract No. 179, additionally providing for amending and correcting the official boundaries and the ETJ map of the City of The Colony, Texas (Planning) Mike Joyce explained that this item is a result of the February 25, 2010 Settlement Agreement, Section 6, between the City of The Colony, the North Texas Municipal Water District and the city of Frisco. It was noted this property is part of an existing golf course, and that The Colony is still contiguous with the remaining portion of the ETJ. The public hearing was opened and closed at 8:26 p.m. with no one wishing to speak. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.9 Discuss the 2010-2011 tax rate for the taxable value of all property real and personal located within the City of The Colony to be adopted on September 21, 2010, and schedule a public hearing on the proposed tax rate to be held September 7, 2010 (Finance) Rebecca Lai reviewed the current tax rate of 68.8 cents per hundred dollar valuation, the proposed tax rate of 68.55 cents, the effective tax rate of 72.265, and the rollback rate of 75.148. Since the proposed rate is lower than the effective rate and the rollback rate no public hearings are required, however, the city has decided to hold one to give the citizens an opportunity to provide their input. Rebecca reviewed the tax law surrounding the various rates. This public hearing is planned for September 7, 2010 at 7 p.m. The adoption of the tax rate is set for September 21St. Rebecca compared the proposed tax rate to several other cities. The Colony was the only one planning to reduce the rate. Councilmember Harris stated his opposition to a '/4 cent tax rate reduction. Councilmember Boyer disagreed, adding that if services are staying the same and the reserve fund is healthy then the rate should be decreased. Motion to schedule the tax rate public hearing for September 7, 2010-Schrag; second by Boyer, motion passed with all ayes. 3.10 Discuss and consider appointing a council member to serve as the city's voting ' member of the North Central Texas Council of Governments (Council) Councilmember Harris is the current representative and expressed a desire to continue. Motion to appoint Allen Harris as the city's voting member of the COG- Boyer; second by Schrag; motion passed with all ayes. August 17, 2010 Executive session was convened at 8:39 .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 John McDonald and Cheryl McDonald and the City of The Colony. B. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEXAs GOVERNMENT CODE to deliberate the offer of a financial or other incentive to a business prospect (BC). C. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE regarding pending litigation between Donna Bateman and the City of The Colony. L `J Reconvened to Open Session at 9:45 p.m. 4.2 A. 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. B. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect (BC). No action. C. Any action as a result of executive session regarding pending litigation between Donna Bateman and the City of The Colony. Motion to approve the memorandum of conditional settlement and to settle the Donna Bateman lawsuit on the terms as discussed in executive session and in accordance with the TML letter dated August 20, 2010- Boyer, second by Schrag; motion passed with all ayes except for Harris who voted no. And with no further business to discuss the meeting was adjourned at 9:47 p.m. ATTEST Christie Wilson, TRMC City Secretary APPROVED: Jo'e McCo rry, Mayor City of The Colony !.1 + . L.X 5