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HomeMy WebLinkAbout06/04/2013 City Council J tune 4, 20 t 3 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON June 4, 2013 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 4th day of June 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Dirk Mikulec Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmenber Arrived at 7:16 p.m. David Terre Councilmember Present Perry Schrag Councilmember Absent Joel Marks Mayor Pro-Tern Present And with five council members present a quorum was established and the following items were addressed: 1w0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Joel Schiller, First United Methodist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation - Mayor McCourry presented the proclamation and plaque to Principal Jeremy Turner for the Lakeview Middle School Visible Involved Partnership Program. Recognize Stewart Creels Park Mural Artists - Director Pam Nelson thanked the students and presented certificates to the schools involved in the mural project. The Colony High School, Lakeview Middle School and Griffin Middle School all participated in the project. Recognition of the Government Finance Officers Association Distinguished Budget Award Recognition of the Texas Comptroller's Leadership Circle Award Mayor McCourry presented the Budget Award and Leadership Circle Award to Finance Director David Cranford. Citizen Input - Allen Harris spoke regarding Item 3.7. He expressed concern about the amount of money the council was receiving versus the potential income based on the value of a dollar. He hopes the council will consider asking for more money, Announcement of upcoming civic events and activities Library Director Joan Sveinsson updated the council on upcoming events and programs at the library These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 7, June 4, 2013 including the summer reading programs, audio book month, learning a new language for adults and children, and teen activities. Ms. Sveinsson presented the library's new public service announcement. Councilmember David Terre highlighted achievements by the animal control staff to increase pet adoption through social media. Due to the efforts, there was a fifty percent reduction in the euthanasia rate in April and May. Councilmember Richard Boyer discussed the delegation headed to Denver in June for the All American City awards. He is excited the story of The Colony will be presented to the nation. He gave a special thank you to Joe Perez for his work on the project. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held May 7, 2013 [Marks WS, Mikulec] (City Secretary) 2.2 Consider approving council expenditures for April 2013 (Council) 2.3 Consider approving an ordinance adopting the proposed Atmos Energy RRM- Rate Review Mechanism Tariff providing for a reasonable expedited rate review process (Finance, Cranford) Motion to approve above consent agenda items-Marks; second by Boyer; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Receive presentation, discuss and consider all matters incident and related to the issuance and sale of City of The Colony, Texas, General Obligation Refunding Bonds, Series 2013, including the adoption of an ordinance authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds and delegating certain matters to an authorized official of the City (Finance, Cranford) Assistant City Manager Tim Miller stated the main objective to refunding certain bonds is to reduce the interest rates. Jason Hughes from First Southwest said this would set the parameters for refunding existing bonds. The refunding would occur only of there was a savings of interest. The term of the bond would not be extended. Motion to approve- Connelly; second by Marks; motion passed with all ayes. 3.2 Receive presentation, discuss and consider all matters incident and related to approving and authorizing publication of notice of intention to issue certificates of obligation, including the adoption of a resolution pertaining thereto (Finance, Cranford) Assistant City Manager Tim Miller stated if approved, bonds in the amount of $2,200,000 would be issued to help fiend the northern portion of the South Colony improvement project at State Highway 121. It would be a joint project with the 2 June 4, 2013 Economic Development Corporation. The EDC would be responsible for the first ten years of the payments, reimbursing the city for the EDC portion. The city would pay the remaining ten years of bond payments. Motion to approve- Marks; second by Terre; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider approving an ordinance adopting Standards of Care for Kidz Kamp Day Camp Programs Policy for 2013 (PARR, Swain) Recreation Manager David Swain stated this is an annual housekeeping item that allows the city to maintain its state exemption and provide a breakfast and hunch program. He is requesting the council approve the standards of care. Mayor McCour7y opened the public hearing at 7:59 p.m.. No one wished to speak. The public hearing was closed at 8:00 p.m.. Motion, to approve- Connelly; second by Mikulec; motion passed with all ayes. 3.4 Receive annual report from the Technologies Board chairman and discuss past and future board activities (IT, Ringener/Shallenburger) Board. Chairman Steve Hoffman reported on the boards activities. He discussed the board reviewed the five year plan, compliance with various mandated requirements, life cycle issues with existing technologies, and public safety improvements. Mayor McCourry commended the board on their efforts. Councilmember Terre thanked the board as well. No action. 3.5 Discuss and consider approving a resolution authorizing a residential and commercial rate adjustment for Allied Waste Services per contract provisions (Facilities Maintenance, Gilman) Assistant City Manager Tim Miller stated that the rate increase of ten percent every two years is allowable by the contract. Terry Gilman negotiated to split the increase over two years instead of the ten percent at one time. The rate increase will be five percent for residential and four percent for commercial customers per year. Last year, commercial customer received a two percent increase. Residential customer did not receive an increase. The council expressed satisfaction with the current program and appreciated the citizens following the recycling program. Motion to approve- Marks; second by lllikule; motion passed with all ayes. 3.6 Discuss and consider purchasing upgrades for security measures at the Police and Court building, including electronic door locks, card readers, control panels and associated software of the control panels at City Hall with funding from the Court Security Fund (Court, Shallenburger) Brant Shallenburger presented the proposed project. He stated upgrading the system for door access would improve court security and overall city security. Mr. Shallenburger requests the council authorizes the expenditure out of the court I June 4, 2013 security field. Changing court security would also update the system at the police station and city hall. Court security fiends can be used in any facility that court staff would access to improve security measures. Motion to approve- Connelly; second by Boyer; motion passed with all ayes. 3.7 Discuss and consider approving a resolution authorizing the mayor and city manager to execute any and all documents concerning a Lease Purchase and Assignment of Lease Agreement by and between the City of The Colony and Land Leases, LLC concerning the sale, assignment, conveyance, and transfer of the tenant leases for telecom purposes located at the water tower located at 5033 Clover Valley Drive (Engineering, Scruggs) Director of Engineering Gordon Scruggs presented the updated agreement to the council. He stated the city currently collects $119,362 annually from.the four current leases. Landleases L.L.C. is offering $1,175,000 for a 25 year agreement. They will hold the contract for the tenants. The city would receive fifty percent of the revenue from any new tenants on the tower. Councilmember Mikulec asked if the council could convene into executive session to discuss the matter with the attorney. The council convened into executive session at 8:24 p.m. under GC 551.071. The council reconvened into open session at 9:15 p.m. Mayor McCouruy suggested that the item be postponed and have the city attorney work with Landleases L.L.C.. 3.8 Discuss and consider making a nomination by resolution for the Denton Area 9-1-1 Board of Managers for a term beginning October 1, 2013 (Council) The council discussed if they wished to nominate an individual for the Denton Area 9-1-1 Board of Managers. Councilmember Kirk Mikulec nominated Joe Perez. There were no other nominees. Nomination for Joe Perez; nomination passed with all ayes. 3.9 Discuss and consider approving a resolution authorizing the city manager to execute a contract for construction of the South Colony Boulevard Grade Separation at the Sam Rayburn Tollway (Engineering, Scruggs) Director of Engineering Gordon Scruggs stated this project is for South Colony south of State Highway 121. The northern portion will be presented later in the year. The total cost of the project is $27,047,037.45. It is funded by regional toll fluids through North Central Texas Council of Governments ($12,600,000), the Tax Increment Reinvestment Zone One (12,047.037,45), and the city ($2,100,000). The city's portion is strictly an in-kind donation of right-of-way, The project will be completed by the end of 2014, He recommends awarding the bid and executing a contract with Austin Bridge and Road, L.P. for the project. 4 June 4, 2013 Motion to approve- Boyer; second by Mikulec; motion passed with cell ayes. 4.0 WORK SESSION 4.1 Discuss fiends currently budgeted as Cultural Arts Board Grants and provide direction regarding reallocation or distribution of the funds (City Manager Powell) City Manager Troy Powell discussed the options for the grant funds since the Cultural Arts Board was disbanded. A new finding cycle starts in June. Going forward in future years the funds will be allocated out of special events. Mr. Powell would like direction for the funds Currently available. He suggests not funding any grants this fiscal year. Citizen Christi Martin spoke on the matter. Ms. Martin said some people that may have requested the funds may have held off to see what other projects were funded and the committee chose not to allocate the finds. She stated since the funds were set aside for arts projects would like to see the funds being used for the arts community. Councilmember Connelly stated the city manager should have full discretion to expend the fields. He agrees that not fielding the grants is appropriate for this year. Mayor McCouriy agreed with not finding any projects further. Councilmember Terre stated this late in the game there is not a need to fund any additional projects and look forward to next year. 4.2 Receive update on City Manager's Arts and Entertainment Committee (City Manager Powell) City Manager Troy Powell stated the events that the Cultural Arts Board had ptanned are continuing as scheduted. The next Jammin' in the Park on June 21" has been changed to add a regional band and food to increase attendance. He will bring back a strategic plan for the new committee to the council. Anyone wishing to serve can contact Assistant City Manager Tim Miller. He stated the arts are a bonus for the community not a requirement. There may be a shift toward aesthetics, not just concerts. Councilmember Connelly appreciates Mr. Powell continuing with the Cultural Arts boards plan and using the members. It is Mr. Powell's discretion to move forward with the plan. Mr. Powell continued to discuss the committee and stated that there have accusations of impropriety. He read excerpts from multiple emails received from a citizen. He has received numerous emails from this citizen, including a letter to his home. Due to the accusations, he will no longer respond to the citizen. Other city staff members will respond as required. He stated everything is being handled in accordance with existing laws, ordinances, and guidelines. 5 June 4, 2013 Councilmember Connelly asked for the council to convene into executive session. The council convened into executive session at 9:43 p.m. under GC 551.071. The council reconvened into regular session at 9:48 pm. Citizen Christi Martin spoke on this item. She stated she has sent emails on this topic due to the way the situation was handled. She has signed all her emails and does not know anything about a letter. She felt the new committee was acting in more than an advisory capacity and the committee meetings should be open to the public. Ms. Martin would like all processes be fair and equitable across the board. Mr. Powell stated that no one on the committee has any authority to spend money or make official decisions. He uses their feedback but the final decisions are his alone. Executive Session was convened at 10:06 .m. 5.0 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Section 551.087 of the TEYAs GOVERNMENT CODE to deliberate regarding commercial or financial information the city has received from a business prospect, and to deliberate the offer of a financial or other incentive to a business prospect. Reconvened to Open Session at 10:50 p.m. 5.2 A. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect. No action. And with no further business to discuss the meeting was adjourned at 10:50 p.m. on June 4, 2013. APPROVED: J e McCourry~~/Mayor City of The Colony ATTEST: Christie Wilson TRMC R City Secretary SSdd 6