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HomeMy WebLinkAbout06/18/2013 City Council June 18, 2013 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON June 18, 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 18t" day of June, 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilmember Present Richard Boyer Councilmember Absent Jeff Connelly Councilmember Absent David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Tem Present And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: j Called to Order at 7:03 p.m. Invocation - Reverend Beverly Hughes, Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognize the Communications Department for Marketing Video Award Mayor McCourry presented the award won at the TAMIO convention to Diane Baxter, Director of Communications and Tourism. Recognize City of The Colony Employee of the Year for 2013 - Brian McNuelty was recognized as the 2013 Employee of the Year. Citizen Input No one wished to speak. Announcement of upcoming civic events and activities Special Events Coordinator Lindsey Stansell gave the Parks and Recreation Update. Upcoming events include Summer- Cinema, Jammin' in the Park on June 21st, and Liberty by the Lake on July 4th. Activities at Liberty by the lake include 1 mile/5K/l0K run, parade, salsa shoot-out, watermelon eating contest, extreme sports stunt show, an Elvis extravaganza, bands, an attempt at setting the world record for bubble blowing, and fireworks. Mayor McCourry gave an update on the All-America City Award competition in Denver Colorado. Although the city did not win, he wanted to thank the members of the delegation for their hard work and dedication. Delegation members included Anna and Ashley Procious, Erin and Chandler Davis, Teron Lawrence, Joe Perez, Tim Miller, Councilman Richard Boyer, Councilman David Terre, and These items are strictly Public service announcements. No action will be taken and no direction will be given regarding these items. 1 June 18, 2013 Mayor Joe McCourry. He gave a special thank you to Mike Davis for logistics and filming, the quilting committee; Linda VanVranken, Dixie Irwin and Jackie Greensage, and Embroidery Junction for embroidering the quilt patch. The quilt, made up of squares from the finalists cities, will visit each of the cities and be on display in The Colony. The Colony should be proud of its efforts. We are a young city becoming a model for other cities. We are The Colony, city by the lake and proud of it. Councilman Marks reminded everyone to pay attention to the standing water to prevent mosquitoes. 2.0 CONSENT AGENDA Councilman Marks made a motion to approve the consent agenda. Councilman Terre asked for item 2.1 to be pulled for discussion. Councilman Marks rescinded his original motion. 2.2 Consider approving a resolution authorizing the city manager to execute an Interlocal Cooperation Agreement between the City of The Colony and Denton County for collection of fiscal year 2014-15 property taxes (Finance, Cranford) Motion to approve above consent agenda items-Marks; second by Mikulec; motion passed with all ayes. 2.1 Consider approving minutes of council meetings held June 4, 2013 (Schrag; Connelly, Marks `VS) (City Secretary) Councilman Terre asked for the announcement section of the minutes to be amended to reflect the reduction in the euthanasia rate was for the months of April and May. Motion to approve with corrections- Terre; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Receive report from Ron Batts and discuss Christian Community Action activities (General Admin, Powell) Ron Batts from Christian Community Action (CCA) state the charity was celebrating its 10`x' anniversary. He discussed how The Colony and its residents were impacted by its services. For the 2012/2013 fiscal year, ten percent of CCA's clients were from The Colony. The average annual support for each client is $524.00. CCA sent back $500,000 to The Colony. He discussed the warehouse facility in Flower Mound, the new Youth in Motion program encouraging education, the new food pantry designed not only to provide food but nutritional information for better health, and the plan to triple the size of their current health clinic. He asked for the city's support. 3.2 Receive update from city representative Allen Harris and discuss the Denton County Transportation Authority activities (Council) June 18, 2013 City representative Allen Harris and Jim Cline the president of the Denton County Transportation Authority (DCTA) discussed the services provided by the DCTA. He outlined ridership, compliance with legislative mandates, service planning, capital projects including bus operations, the new maintenance facility, positive train control, ITS applications like mobile applications and mobile ticketing, and future expansion. He stated when expanding, they try to be good neighbors and an asset to the communities they serve. 3.3 Discuss and consider a resolution making certain findings and determinations regarding funding certain improvements to the Sam Rayburn Tollway, approving the action of The Colony Economic Development Corporation, The Colony Community Development Corporation, and The Colony Local Development Corporation related to such improvements, and approving other matters related thereto (City Attorney) Corey Admire from Fulbright and Jaworski, the bond attorney, explained the resolution states a portion of the finds from the public infrastructure bond issuance with be used in the construction of the grade separation on South Colony at State Highway 121. The improvement will eventually be turned over to the North Texas Tollway Authority and become part of the Texas transportation system. The use of bond fields is acceptable because the project is for the greater good of the City and its residents. The Economic Development Corporation, Community Development Corporation, and Local Development Corporation all approved the same resolution. Motion to approve- Marks; second by Mikulee; motion passed with all aJ~es. The Mayor moved item 3.9 to follow item 3.3 as it was a related item. 3.9 Discuss and consider resolution approving a Project Reimbursement Agreement by and between the City of The Colony, Texas, and The Colony Economic Development Corporation concerning the payment of certain construction costs related to the South Colony Boulevard extension at the Sam Rayburn Tollway (City Attorney) Corey Admire from Fulbright and Jaworski, the bond attorney, stated the Reimbursement Agreement designates the portion of the costs the Economic Development Corporation will pay. The funding for the project will come from a city bond issuance. The EDC will reimburse the city for the first ten years of payments on the bonds. Motion to approve- Schrab; second by Mikaalec; motion passed with all ayes. 3.4 Conduct a public hearing, discuss and consider an ordinance approving a special exception to Section 10A-900(D) of the Gateway Overlay District section of the zoning ordinance for use of stucco on greater than seventy-five (75) percent of the exterior facade for Peter Piper Pizza, located on the north side of Sam Rayburn Tollway (S.H. 121), approximately 400 feet east of Blair Oaks Drive (Development Services, Joyce) 3 June 18, 2013 Planning Director Mike Joyce presented the matter. He stated the building as presented is using stucco on 89% of the elevation, exceeding the 75% limit set in the Gateway Overlay District Ordinance. Mr. Joyce gave examples of other buildings in the area with stucco exteriors. Councilman Mikulec asked to go into to executive session to ask the attorney a question. The council convened into executive session at 8:20 p.m. under GC 551.071. The council reconvened into regular session at 8:34 pm. Councilman Mikulec asked how many other buildings exceeded the requirement. Mr. Joyce stated this is the first project since the revised gateway ordinance was passed in May. Mayor McCourry opened the public hearing at 8:35 p.m. - Charles Pope, the architect for the project, introduced himself and was available for questions. The Mayor said he was looking forward to having the business in the community. Councilman Terre said it was a great addition to The Colony. With no further comments, the public hearing was closed at 8:38 p.m. Councilman Mikulec stated the council may need to revisit the ordinance if the city is already making exceptions to the rules. Councilman Terre respects Mr. Mikulec's point, but may need to look at each one individually. Motion to approve- Terre; second by Marks; motion passed with McCourry, Terre, and Marks voting for° and Mikulee and Schrag voting against. 3.5 Conduct a public hearing, discuss and consider an ordinance approving a site plan for Peter Piper Pizza on approximately 2.13 acres, located on the north side of Sam Rayburn Tollway (S.H. 121), approximately 400 feet east of Blair Oaks Drive (Development Services, Joyce) Mr. Joyce presented the proposed site plan for Peter Piper Pizza. He stated it meets all planning and zoning requirements. The facility is located by Top Golf and Spec's facing State Highway 121. He also noted the landscape plan includes drought resistant plants. Mayor McCourty opened the public hearing at 8:45 p.m. With no one wishing to speak, the public hearing was closed at 8:46 p.m. Motion to approve- Terre; second by Marks; motion passed with McCourry, Terre, Sehrag, and Marlys voting for and Mikulec voting against. 3.6 Discuss and consider a resolution authorizing the city manager or mayor to execute lease-purchase agreements in an amount not to exceed $1,765,000 for 4 June 18, 2013 the acquisition of one Fire Department Engine and one Quint (Fire, Thompson) Fire Chief Scott Thompson stated this is the purchase agreement for purchase of the fire apparatus discussed at a previous meeting. Motion to approve- Schrag; second by Nlikidec; 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 stated this is a revised agreement. The amount of the agreement was increased to $1,200,000.00 and legal portion of the text was revised. The termination clause was discussed and remains with a change of reducing the three years to one year for the abandonment clause. Councilman Milulec asked the city manager if this was presented in five years, with other income streams, would the council be considering the matter. City Manager Troy Powell said in that scenario, he would not recommend the agreement. Mr. Milulec followed up asking the city manager if he recommends it today. Mr. Powell stated the budget is tight, but he would not have an issue if the council did not approve the agreement. Councilman Terre stated the council members are not short term thinkers and he is not feeling good about the project. Mayor McCourry agrees we need to think more long term. Motion to not approve the agreement- Terre; second by Milculec; motion passed with all ayes. 3.8 Discuss and elect a member of the city council as voting member of the North Central Texas Council of Governments (Council) Nomination for Richard Boyer- Schrag; second by Milculec; :Motion passed with all ayes. 4.0 WORK SESSION 4.1 Receive presentation, discuss and provide direction to staff regarding the Municipal Budget for FY 2013-2014, including but not limited to capital improvement items, personnel, tax rate, and operating budget, Assistant City Manager Tim Miller stated the property tax roll for the current year is $2,179,988,416. The projected roll for fiscal year 2013/2014 is $2,199,488,416 an increase of 19,500,000 valuation. The final roll will be available at the end of July. He discussed the money available in various funds. Mr. Miller provided a list of capital items. He denoted items paid from restricted funds or in future budget years. He highlighted that could be paid with the budget based on the projected valuation. If the valuation is higher, additional items could be included. 5 June 18, 2013 Mr. Miller stated utility rates have not been increased in eight years, including one year when rates were reduced. He proposed a five year plan to increase the rates three percent annually. The average water customer would see an average increase of $2.40 on their monthly bill. Assistant City Manager Tod Maurina discussed the cost differential for providing water to Austin Ranch. The water is purchased through the City of Plano and the North Texas Municipal Water District. The cost difference to provide water to Austin Ranch is $53,000 annually. He suggested a separate rate structure for the customers in that area to help mitigate the expense. City Manager Troy Powell suggested coming back with a plan at a future meeting. Mr. Miller stated the budget did include a 1/4 cent reduction in tax rate. Councilman Terre said it was a necessity to include at least five police cars in the budget. 5.0 EXECUTIVE SESSION 5.1 A. Council shall convene into a closed executive session pursuant to Sections 551.087 and 551.071 of the Texas Government Code to deliberate 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, and to receive legal advice regarding the same - The Tribute. B. Council shall convene into a closed executive session pursuant to Section 551.072 and 551.071 of the Texas Government Code to deliberate the purchase, exchange, lease or value of real property located within the Eastvale area for public park purposes. C. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Reconvene to Open Session 5.2 A. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect. Item not discussed. B. Any action as a result of executive session regarding the purchase, exchange, lease or value of real property. No action. C. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect(s). No action. 6 June 18, 20 13 And with no further business to discuss the meeting was adjourned at 10:42 p.m. APPROVED: I~yor J e McCourr , City of The Colony ATTEST: C ifstie Wilson, TRMC City Secretary 7