HomeMy WebLinkAbout06/04/2013 City Council
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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.
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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
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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
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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.
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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.
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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
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