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Home My WebLink About09/21/2010 City CouncilSeptember 21, 2010 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 21, 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 21st 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 Absent Joel Marks Councilmember Present 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 — Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Special Choral Presentation - Musical number from "How I Became a Pirate" performed by The Colony Playhouse. Citizen Input- none Announcement of upcoming civic events and activities 1- Parks & Recreation update on upcoming events; Mayor McCourry stated that Councilmember Schrag was out on business. 2.0 1 CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held September 7, 2010 [Marks absent] (Wilson) 2.2 Consider approving council expenditures for the month of August 2010 (Council) 2.3 Consider approving a resolution repealing the 2009-2010 Master Fee Schedule and amendments, and replacing same with a new Master Fee Schedule for fiscal year 2010-2011 effective October 1, 2010 (Finance) 2.4 Consider approving an ordinance amending the Code of Ordinances, Section 19-12, Parking Requirements, to provide an exception where official signs indicate otherwise (Engineering) These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. September 21, 2010 2.5 Consider approving a resolution awarding annual bids and authorizing the issuance of purchase orders for mowing and clean up services for the Code Enforcement Division (Code Enforcement) 2.6 Consider approving a resolution authorizing the city manager to execute an agreement for inmate telephone service in the city jail (Police) 2.8 Consider approving an ordinance effective January 1, 2011 adjusting the Texas Municipal Retirement System retirement annuities from 70% to 30%, as reflected in the proposed 2010-2011 municipal budget, and authorizing updated service credits (Asst. City Manager) Motion to approve above items- Marks, second by Connelly, motion passed with all ayes. Councilmember Harris requested item 2.7 be addressed separately. 2.7 Consider approving a resolution authorizing the city manager to issue a purchase order for the purchase and installation of playground equipment for Wilcox Park with pricing available through the Texas Association of School Boards' BuyBoard with funding provided by the Community Development Corporation (Parks and Recreation) Councilmember Harris expressed his appreciation to Stephanie Aceves who began the Wilcox Park playground renovation as her Gold Award Project for the Girl Scouts. He also thanked the Community Development Corporation for approving funds to complete the project. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.0 1 REGULAR AGENDA ITEMS 3.3 Discuss and consider approving an ordinance authorizing the issuance and sale of City of The Colony, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2010-A; providing for the payment of said certificates; providing an effective date; and enacting other provisions relating to the subject (Finance) Finance Director Rebecca Lai told the council that the Certificates of Obligation will be used for costs related to construct and equip a public services building, vehicles and equipment for the fire and police departments, and water and sewer improvements. The principal amount is $2,920,000.00 at an interest rate of 3.3%. Jason Hughes of First Southwest reviewed the details of the Certificates of Obligation and Refunding Bonds (item 3.4). Motion to approve- Connelly, second by Marks; motion passed with all ayes. 3.4 Discuss and consider approving an ordinance authorizing the issuance and sale of City of The Colony, Texas General Obligation Refunding Bonds, Series 2010; providing for the payment of said bonds; providing an effective date; and enacting other provisions relating to the subject (Finance) 2 September 21, 2010 Rebecca told the council that the refunding bonds amount to $5.1M, and will pay off 2001 and 1998 bonds at a lower interest rate. She added there will be an annual savings of approximately $30,000.00. Motion to approve- Connelly, second by Harris; motion passed with all ayes. 3.1 Continue the public hearing, discuss and consider approving an ordinance adopting the City of The Colony revised budget for fiscal year 2009-2010 and adopting the budget for the fiscal year beginning October 1, 2010 through September 30, 2011; providing for intra and inter -department fund transfers; providing for the investment of certain funds; providing that expenditures for said fiscal year to be made in accordance with said budget (Finance) Rebecca reviewed the certified tax rolls for 2009 and 2010, the current tax rate, proposed tax rate, and the resulting total revenue reduction ($409,000.00). The general fund has 95 operating days in the fund balance and the utility fund has 98 days. Included in the budget is a residential waterline replacement program in the amount of $250,000.00, and a utility rate decrease of 2.5%. Rebecca provided a summary of revenues and expenses in both funds. Mayor McCourry continued the public hearing and closed it at 7:42 p.m. with no one wishing to speak. Councilmember Boyer expressed his thanks to the city staff for working to reduce the budget during a difficult year. Motion to approve- Boyer; second by Mikulec; motion passed with all ayes. 3.2 Discuss and consider approving an ordinance adopting the City of The Colony tax rate of $.6855 per $100 valuation for fiscal year 2010-2011 (Finance) Rebecca Lai told the council that the proposed tax rate is reduced by I/4 cent from $.688 to $.6855 cents. Motion to approve- Marks, second by Boyer, motion passed with all ayes. 3.8 First reading of an ordinance, conduct a public hearing and discuss an ordinance amending the Code of Ordinances, Section 10 Use of Land and Buildings of Appendix A Zoning, and Chapter 6, Article VI, Food and Food Establishments, relating to the use of temporary or permanent seasonal snow cone establishments (Planning, SI10-0006) Development Services Director Mike Joyce told the council that this is the first reading of an ordinance that provides guidelines for snow cone stands to operate in the city. The current zoning ordinance does not allow them. Mike said this ordinance is similar to those in surrounding cities. The Planning and Zoning Commission recommended approval. There was discussion as to whether operation should be restricted to six months of the year particularly if a permanent structure is used. Some council members suggested they be allowed to operate until the end of October for temporary structures and no limit for permanent 3 September 21, 2010 structures. The public hearing was opened at 8:00 p.m. Mr. Mike Moreno spoke in favor of allowing the zoning ordinance change. Mr. Casey Truskunas had some questions about products that could be sold from a snow cone establishment. Public hearing was closed at 8:03 p.m. (Councilmember Harris left the meeting at 8:03 p.m.) 3.5 Conduct a public hearing, discuss and consider approving an ordinance approving a site plan for Valero #2187 for the modification of an existing retail business located at the southwest corner of South Colony Boulevard and Paige Road, commonly known as 5208 South Colony Boulevard (Planning, SP10-0005) Mike Joyce reviewed the site plan for this remodel, including the canopies, gas pumps, access to the business, sparking spaces, and adjacent zoning. The Planning and Zoning Commission recommended approval. The public hearing was opened at 8:08 p.m. The building contractor on this project stated he is interested in getting the job completed. Rita Webster asked a question regarding the fuel pump locations. Public hearing closed at 8:10 p.m. Motion to approve- Connelly, second by Boyer, motion passed with all ayes. 3.6 Conduct a public hearing, discuss and consider approving an ordinance approving a site plan for Valero #2375 for the modification of an existing retail business located at the northwest corner of North Colony Boulevard and Main Street, commonly known as 6801 Main Street (Planning, SP10- 0006) Mr. Joyce stated this remodel project is similar to the South Colony location; however, this one is in the Gateway Overlay District and has to comply with a few more restrictions. He reviewed the site plan and stated that the Planning and Zoning Commission recommended approval. The public hearing was opened and closed at 8:15 p.m. with no one wishing to speak. Motion to approve- Marks; second by Mikulec; motion passed with all ayes. 3.7 First reading of an ordinance, conduct a public hearing and discuss amending the Code of Ordinances moving all of Chapter 10 (Health and Sanitation) into Chapter 6 (Buildings, construction, and related activities); adding sections of the International Property Maintenance Code; adding use of seasonal snow cone establishments; adding Neighborhood Enhancement Program (Planning, SI10-0002) Iris Browder reviewed the reasons for the revisions to the code book, adding that the review has been ongoing by the Code Enforcement Advisory Board since 2007. She reviewed the table of contents and changes (which have been previously presented to council) and added that Article III and the Neighborhood Enhancement Program are new. The public hearing was opened and closed at 8:22' p.m. with no one wishing to speak. 4 September 21, 2010 3.9 Discuss and consider approving an ordinance establishing the duties and responsibilities of the Community Image Department and its director (City Manager) City Manager Troy Powell explained that he would like to separate the code enforcement division away from Development Services, and change the name Community Image Department. He reviewed the planned staffing to include Tim Miller who will oversee as director and Iris Browder will be the manager. There will be two Community Image officers, one Neighborhood Enhancement officer, and the Health Inspector. Tim Miller followed up with some details on how the program will be operated. Tim also stated there will be no impact on the budget and the program will start immediately if approved. Motion to approve- Marks; second by Mikulec; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 8:40 p.m. APPROVED: e Mccodny, Mayor ty of The Itolony ATTEST: Christie Wilson, TRMC City Secretary