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HomeMy WebLinkAbout09/07/2010 City CouncilSeptember 7, 20 10 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 7, 2010 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:07 p.m. on the 7th day of September 2010, 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 Mayor Pro-Tem. Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Absent And with six council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Payroll Week- Mayor McCourry presented a proclamation to Finance Director Rebecca Lai who accepted on behalf of the city's payroll analyst Mary Langford who could not be present. Recognize Citeses lloyee's 25th Anniversary- Mayor McCourry recognized city secretary Christie Wilson for 25 years of service with the city. Citizen Input- John Dillard spoke against the school district's election for a tax increase and encouraged citizens to vote. Announcement of upcoming civic events and activities t- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Finance Director to announce extended Utility Department hours which will be 7 a.m. for drive through payments beginning September 13th; IT Manager Bruce Maker made a presentation of the new home page on the city's website. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held August 17, 2010 [McCourry and Mikulec absent] (City Secretary) 2.2 Second reading and consider approving an ordinance levying an assessment against a property owner for the city to construct a sidewalk on the west side i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. September 7, 2010 of Morning Star, south of Cresent Drive and approximately 415 feet in length (Engineering) 2.3 Second reading and consider approving an ordinance amending the Code of Ordinances, Section 8-52 Definitions, adding Section 8-64(c) Office Creek Drainage Impact Fees, and include Land Use Assumptions and Capital Improvements Plan (Engineering) 2.4 Consider approving an ordinance amending the Code of Ordinances, Section 19-11, establishing a 20 mile per hour school zone along John Yates Drive (Engineering) 2.5 Consider approving an ordinance authorizing a negotiated resolution regarding Atmos Energy's rate review mechanism, declaring rates unreasonable, adopting tariffs that set just and reasonable rates, and ratifying a settlement agreement including cost recovery for steel line replacement program (Purchasing) 2.6 Consider approving a resolution designating the city secretary as public information coordinator in regard to public information training, and designating the city secretary as the public information officer in regard to receiving public information requests by email and fax in accordance with the Texas Government Code Chapter 552 (City Secretary) 2.7 Consider approving a resolution authorizing the city manager to execute the First Amendment to the Advance Funding Agreement with the Texas Department of Transportation for city street development (Engineering) Motion to approve- Schrag; second by Mikulec, motion passed with all ayes except for McCourry who abstained. 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) Community Development Corporation (CDC) board member Lisa Leary and Cultural Arts board member Jeff Scoggin were present to discuss this item with the city council. Lisa read a prepared statement stating that the recently adopted CDC Master Plan contains a section recommending that the city prepare and adopt an Arts Master Plan. As a result a committee was formed and prepared a draft Request For Proposal for preparation of such a plan. No funds will be expensed at this point. This request is to receive authorization to advertise for proposals only. Councilmember Connelly suggested that current Cultural Arts Board members could prepare such a plan. Mr. Scoggin indicated that was discussed but the committee members felt a third party's involvement would produce a more objective product. Motion to approve- Harris, second by Mikulec; motion passed with all ayes except for Connelly who voted no. 3.2 Conduct a public hearing and discuss the proposed 2010-2011 tax rate not to exceed the effective tax rate for the taxable value of all property real and personal located within the City of The Colony (Finance) 2 September 7, 20 10 Finance Director Rebecca Lai reviewed the current and proposed tax rates, and the effective and rollback tax rates. She reviewed a survey of surrounding cities that indicated The Colony is the only city considering a tax rate reduction. She stated the tax rate is scheduled for adoption on September 21st at 7 p.m. The public hearing was opened and closed at 7:50 p.m. with no one wishing to speak. 3.3 Receive presentation and discuss the draft Storm Water Pollution Prevention Ordinance (Engineering) City Engineer Gordon Scruggs summarized the background of the storm water pollution prevention requirements, and provided an overview of the ordinance that will be presented to the council for a first reading on November 2"d. Public comments will be accepted by staff until October 15th. Mary Purzer of AECOM explained that the ordinance will be the enforcement authority for the city's Storm Water Management Plan. She summarized the major components and requirements of the ordinance, and the development standards. No action was required. 3.4 Receive presentation, discuss and provide direction to staff regarding the results of a traffic study for the intersections of Main Street (F.M. 423) at S.H. 121 and Paige Road at S.H. 121 (City Manager) Gordon Scruggs introduced the consultant from HDR Engineering who presented the results of safety and traffic operation studies prepared for the intersections of S.H. 121 and F.M. 423, and S.H. 121 and Paige Road. The report covers an 18- month period. There were 104 accidents at the F.M. 423 intersection and 90 at the Paige Road intersection. The result of the study shows that most of the accidents were the result of permissive left turn lanes. The consultant recommended that the permissive left turn lanes be changed to protected left turn lanes. In addition some lane restriping and signal timing changes are recommended. City Manager Troy Powell received general agreement from the council members for the city to contact TxDOT to discuss these recommended changes. 3.5 Discuss and consider approving a resolution authorizing the city manager to execute an Advance Funding Agreement with the Texas Department of Transportation for utility construction on F.M. 423 (Engineering) Gordon Scruggs stated that this agreement provides $9,000,000 for utility construction on F.M. 423 from S.H. 121 toward the north to the south end of the bridge. The agreement is with the Texas Department of Transportation and will provide funding for design, easement acquisition, inspections and construction of utilities. The funding is a result of the S.H. 121 Tollway Memorandum of Understanding (MOU) Regional Toll Revenues. Motion to approve- Harris; second by Connelly; motion passed with all ayes. At this time Tony Johnston notified the council that this funding is a result of almost two years of effort on the part of Gordon Scruggs and expressed his appreciation to Gordon. September 7, 2010 3.6 Discuss and consider approving a resolution authorizing the mayor to execute an amendment to the Interlocal Cooperation Agreement with Denton County for local match funding for the widening of North Colony Boulevard (Engineering) Gordon Scruggs said this item is an amendment to the Interlocal Cooperation Agreement that will increase the funding needed for the 20% local match required for the North Colony Boulevard widening project. The total funding for the project is $7,401,087 with $5,920,869 coming from TxDOT and $1,480,218 from Denton County. Motion to approve Harris- second by Boyer, motion passed with all ayes. 3.7 Discuss proposed changes to the Code of Ordinances Chapter 6 (Buildings, construction, and related activities) and Chapter 10 (Health and Sanitation), to include adding sections of the International Property Maintenance Code and adding Article III, Neighborhood Enhancement Program (SI10-0002, Planning) Development Services Director Mike Joyce reviewed the Neighborhood Enhancement Program, explaining that it is a home exterior rehabilitation incentive program. The program is designed to provide an economic incentive to homeowners who want to reinvest in their homes. The application process and eligibility requirements were reviewed as well as the incentive levels. In addition, Mr. Joyce said that the city is enacting a Volunteer Assistance Program. After a brief discussion by council on how to implement the program it was noted that this is a pilot program that can be adjusted as needed in the future. A staff person will be reassigned to help facilitate the program. Upon closing this item Troy introduced Mr. Tim Miller as a new director whose role will be to help fill the gap when Assistant City Manager Tony Johnston retires, and will also oversee cost accounting and managed competition. Executive Session was convened at 9:05 p.m. 4.0 1 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. Reconvene to Open Session 9:34 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. No action. 4 September 7, 20 10 And with no further business to discuss the meeting was adjourned at 9:35 p.m. APPROVED: /1-0-- /%G Jo cCourrWMa3 qty of The Colony ATTEST: ~a ~ Christie Wilson, TRMC City Secretary OF.. TNT ~~Ga .rte X AS