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HomeMy WebLinkAbout08/16/2011 City Council August 16, 2011 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON AUGUST 16, 2011 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:11 p.m. on the 16th day of August 2011, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Allen Harris . Councilmember° Present Richard Boyer Mayor Pro-Tem Present Jeff Connelly Councilmember Absent David Terre Councilmember Present Perry Schrag Councilmember Absent Joel Marks Councilmember Present (arrived 7:30) 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 Invocation- First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- A Fall Prevention Awareness Month proclamation was presented to Charlene Bishop. Charlene stated there is a special event scheduled for September 9th at the Community Center to educate seniors about fall prevention. Citizen Input- Christi Martin announced a fundraiser for the Lakeside Arts Foundation and Chamber of Commerce scheduled for October 1St at the Grand Theater in Lewisville. Joan Lux thanked the council for the sidewalk repairs made on her street, as well a the trimming of shrubbery that was blocking a stop sign. Announcement of upcoming civic events and activities 1- Parks & Recreation events and activities; P1ayTC month is scheduled for September. Councilmember Terre noted that The Colony is listed as 68"' by CNN Money as one of the best places to live. The Colony and Murphy were the only two Texas cities on the list. Mayor McCourry announced that Hawaiian Falls is hosting Champions Day for special needs children. He added that council members Schrag and Connelly are out. 2.0 CONSENT AGENDA i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 August 16, 2011 2.1 Consider approval of minutes of council meetings held August 2 and August 8, 2011 (City Secretary) 2.2 Consider approving a resolution appointing a representative to the North Texas Regional Library System (Library) 2.3 Consider approving a resolution accepting the City of The Colony's Quarterly Investment Report ended June 30, 2011 (Finance) 2.4 Consider adopting an ordinance approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corporation Mid- Tex Division regarding the company's fourth annual rate review mechanism filing (Finance) 2.5 Consider approving a resolution authorizing the city manager to execute an amendment to the 2004/2008 Development Agreements with Billingsley Development Corporation to include the use of well water for irrigation in Phases 6 and 7 (Engineering) Motion to approve- Harris; second by Boyer; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct a public hearing, discuss and consider adopting an ordinance approving a site plan for The Legends Amenity Center Pool Expansion located at 5740 Alister Lane (SP11-0003, Development Services) Development Services Director Mike Joyce advised the city council that this item is to add a children's splash area and decking. He reviewed the location, parking, and site plan. The public hearing was opened and closed at 7:30 p.m. with no one wishing to speak. [Councilmember Marks arrived at 7:30.] Motion to approve- Harris; second by Terre; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider adopting an ordinance approving a site plan for the First Baptist Church Foyer Expansion located at 4800 South Colony Boulevard (SP11-0004, Development Services) Mike Joyce told the council that this project will add a 2,900 square foot foyer to the existing building plus a drop off drive area. He reviewed the zoning, location, parking, and landscape plan. Also, the driveway will be realigned with an existing cut through on South Colony Boulevard. Discussion followed regarding the traffic flow and lack of space for turn lanes in this area. Councilmember Harris stated his disagreement with the Planning and Zoning recommendation for a traffic study. The public hearing was opened and closed at 7:40 p.m. with no one wishing to speak. Motion to approve to include the proposed landscaping plan, and without a requirement for a traffic study- Harris; second by Marks; motion passed with all ayes. 3.3 Conduct a public hearing and discuss the proposed City of The Colony Municipal Budget for fiscal year 2011-2012 and set the date of September 20, 2011 to adopt the municipal budget (Finance) 2 August 16, 2011 Mayor McCourry opened the public hearing at 7:41 p.m. Christi Martin asked where the budget information is located. City Secretary Christie Wilson advised that it is located on the Finance page of the city's website and there are hard copies in the Library and city secretary's office. The public hearing was closed at 7:42 p.m. Motion to set the adoption date for the budget on September 20, 2011- Boyer; second by Harris; motion passed with all ayes. 3.4 Discuss the proposed 2011-2012 tax rate not to exceed $.6830 per $100 valuation for the taxable value of all property real and personal located within the City of The Colony to be adopted on September 20, 2011, take a record vote and schedule public hearings on the proposed tax rate to be held August 30 and September 6, 2011 (Finance) Executive Director of Administration Tim Miller reviewed the proposed tax rate, the effective tax rate and the rollback tax rate. Even though the tax rate proposal is to cut it by 1/4 cent to 68.3 cents, it slightly exceeds the effective rate resulting in a requirement for two public hearings. A record vote is required. Motion to consider a proposed tax rate not to exceed 68.3 cents per ,$'100 valuation and to authorize the public hearing dates of August 301h and September 6`r'- Boyer; second by Harris; motion passed with all ayes [Connelly & Schrag were absent] 3.5 Receive presentation and discuss semi-annual Cultural Arts Board activity report (CAB Liaison) Cultural Arts Board member Liz Ripperger reviewed the mini-events sponsored by the board this summer, adding that they will be held earlier in the year next year. Also the board recently held a meet and greet for local artists which was hosted by the Royal Brush, and had a booth at the Chalk Art Festival. She added that the board did not have sound equipment for the mini-event and one of the participants (local band Romo) shared their equipment with other performers. Mayor McCouriy expressed his thanks to the owner of the Royal Brush and to Romo for their support of the recent events. 3.6 Discuss and consider approving a resolution awarding a bid and authorizing the city manager to execute a construction services contract for reconfiguring and connecting the alleys between Chapman, Jenkins, and Nervin streets (Engineering) The low bidder for this project is F&F Concrete at a cost of $213,894.92. Construction includes drainage, water and wastewater infrastructure to facilitate the widening of F.M. 423. The project is funded by Denton County and the North Central Texas Council of Governments. Engineering Director Gordon Scruggs noted that some portions of the alleyways will be temporarily asphalted until AT&T finishes installing their utilities. Motion to approve- Boyer; second by Terre; motion passed with all ayes. 3 August 16, 2011 Executive session was not convened. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.0 of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding litigation between John McDonald and the City of The Colony. Reconvene to Open Session 4.2 A. Any action as a result of executive session regarding litigation between John McDonald and the City of The Colony. And with no further business to discuss the meeting was adjourned at 8:01 p.m. APPROVED: C .r ibe McCourry, Mayor City of The Colony ATTEST: r ~ Christie ilson, TRMC City Secretary ~ 4