HomeMy WebLinkAbout08/20/2013 City Council
August 20, 20 13
MINUTES OF REGULAR SESSION OF CITY COUNCIL
HELD ON
AUGUST 20, 2013
The Regular Session of the City Council of the City of The Colony, Texas, was called
to order at 7:02 p.m. on the 20TH day of August, 2013, at City Hall, 6800 Main
Street, The Colony, Texas, with the following roll call:
Joe McCourty Mayor Present
Kirk Mikulec Councilmember Present
Richard Boyer Councilmember Present
Jeff Connelly Councilmember Present
David Terre Councilmember Present
Perry Schrag Councilmember Present
Joel Marks Mayor Pro-Tem Present (8 p.m.)
And with seven council members present a quorum was established and the following
items were addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND
PROCLAMATIONS:
Call to Order
Invocation - Lakeway Church
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Citizen Input - Tom Washington introduced himself as a candidate for Denton
County Justice of the Peace Pct. 6.
Presentation of CoServ Grant Check to Library- Dennis Engelkey of CoServe
presented a grant to the Library for $7,875.
Customer Services Presentation Regarding Ways to Pay Utility Bills - Molly
Owczar, Director of Customer Service, reviewed the current and future ways
residents can pay their utility bills.
Announcement of upcoming civic events and activities'- Parks and Recreation
Update. City Manager Troy Powell introduced his father as a new resident of The
Colony.
2.0 CONSENT AGENDA
2.1 Consider approving minutes of council meetings held July 16, 2013 [Marks
WS] (City Secretary)
2.2 Consider approving council expenditures for the month of June 2013
(Council)
2.3 Consider accepting Joel Ortega's resignation from the Community Image
Advisory Board (Council)
2.4 Consider adopting a resolution casting a vote for Joseph Perez to serve on
the Denoo 9-1-1 District Board of Managers (Council)
i These items are strictly public service announcements. No action will be taken and no direction will be given
regarding these items.
1
August 20, 2013
2.5 Consider approving a budget amendment ordinance for Fiscal Year 2012-
2013 for Fire Department overtime (Fire, Thompson)
Motion to approve- Connelly; second by Boyer; motion passed with all ayes.
3.0 REGULAR AGENDA ITEMS
3.8 Conduct a public hearing and discuss the proposed City of The Colony
Municipal Budget for fiscal year 2013-2014, and vote to set the date of
September 17, 2013 to adopt the municipal budget (Finance)
Assistant City Manager Tim Miller summarized the proposed budget (see Exhibit
A). Councihnember Boyer confirmed with Mr. Miller that the fire engine
payments will begin the following budget year. Mr. Powell stated that
engineering for Fire Station No. 4 is planned but will be funding through a TIF
(Tax Increment Finance Zone). Councihnember Connelly inquired how funding
the proposed School Resource Officer will impact reserve funds. Mr. Miller
stated it is equivalent to about '/2 day. Mayor McCourry spoke in favor of adding
the school officer. Additional information regarding the budget added by Mr.
Powell was that no across-the-board pay raises for employees is included but the
city will do a salary survey this year in order to assess, in particular, public safety
employee salaries for the following year. Also, revenue from new businesses was
not included (i.e. Top Golf). It was also stated that sales tax projections are up 2
percent. The public hearing was opened at 7:35 p.m. Councilmember Schrag
thanked staff for not planning to issue new debt. The public hearing was closed at
7:36 p.m.
Motion to set the date of September 17`1` as the adoption date for the budget and to
include the additional School Resource Officer in the budget- Connelly; second
by Mikulec; motion passed with all ayes.
3.1 Conduct a public hearing, discuss and consider an ordinance approving a
Development Plan in PD-22, Austin Ranch, for 526 multiple family units and
a clubhouse/leasing center, The Boat House, on approximately 33.43 acres,
located on the southwest corner of Windhaven Parkway and Plano Parkway
(Development Services, Joyce)
Mike Joyce summarized this project as being a 526 multi-family project, and at
completion having 32 buildings. He reviewed the location, development plan,
parking, access, and landscape plan. The Planning and Zoning Commission
recommended approval. The public hearing was opened at 7:42 p.m. Citizen
Christi Mai-tin asked for clarification on the location. The public hearing closed at
7:44 p.m.
Motion to approve- Connelly, second by Mikulec; motion passed with all ayes.
3.2 Conduct a public hearing, discuss and consider an ordinance approving a
Site Plan for Assured Storage, a 59,225 square feet self-storage facility with a
2,400 square foot office/apartment on approximately 6.76 acres, located on
2
August 20, 2013
the west side of Paige Road, approximately 400 feet south of Memorial Drive
(Development Services, Joyce)
Mr. Joyce summarized this request for a storage facility consisting of 59,225
square feet of space. The reviewed the location, access, landscaping, elevations,
and proposed site plan. He stated that the developer plans to have 100 percent
masonry on the building, which is more than the 75 percent required by the
Gateway Overlay District. The Planning and Zoning Commission vote resulted in
a tie, which is a failed vote. A simple vote to approve by the council is all that is
required under the circumstances. The applicant presented a PowerPoint
presentation of other storage facilities they have built. The public hearing was
opened and closed at 7:53 with no one wishing to speak. Councilmember Boyer
questioned the P&Z tie vote. Councilmember Connelly briefly demonstrated the
differences in zoning versus uses. [Councilmember Marks arrived.]
Motion to approve- Connelly; second by Schrag; motion passed with all ayes.
3.3 Conduct a public hearing, discuss and consider an ordinance approving a
Development Plan for the Campus at Cascades, Phase 2, a 135,050 square
foot office/warehouse/retail development on approximately 12.72 acres,
located on the northwest corner of the Sam Rayburn Tollway (S.H. 121) and
Cascades Court (Development Services, Joyce)
Mr. Joyce stated this project includes 4 buildings on lot 1. He reviewed the
location, traffic access, parking, the proposed development plan, landscaping and
elevations. The Planning and Zoning Commission recommended approval.
Mayor McCourry asked why there is not a deceleration lane on the plans. City
Engineer Gordon Scruggs stated that there is not enough traffic at this location yet
to warrant a study. The public hearing was opened and closed at 8:12 p.m. with
no one wishing to speak.
Motion to approve- Schrag; second by Mikulec; motion passed with all ayes.
3.4 Conduct a public hearing, discuss and consider an ordinance amending the
Future Land Use Plan Map of the Comprehensive Plan to Office/Commercial
from Low Density Residential for a 1.58-acre portion of the property located
at 4700 Nash Street in the City of°The Colony (Development Services, Joyce)
Mr. Joyce stated the church [at this location] requested this change. The Planning
and Zoning Commission recommended approval. Mayor McCourry requested an
executive session at 8:22 p.m. Open session reconvened at 8:40 p.m. The public
hearing was opened at 8:40 p.m. Citizens Christine McKinzie, Patricia Parsons,
and Pat Parsons spoke against the malting this change. The public hearing closed
at 8:55 p.m.
Motion to deny- Schrag; second by Connelly
Councilmember Boyer confirmed with Mr. Joyce that the P&Z voted to
recommend this, yet voted to deny the rezoning request. [Rezoning request item
3.5 will not be addressed at this time at the request of the applicant.] Mayor
August 20, 2013
McCourry spoke stating, if this item is not approved the church building could
ultimately become vacant. He spoke in favor of working with our local
businesses in order to help them. Councilmember Connelly stated the reason this
is before them is due to a request by the church, that it was not initiated by the
city. Councilmember Marks stated he does not believe this is what the
community needs.
Motion passed with all ayes except for McCourry who voted no.
Item 3.5 was pulled from the agenda and not discussed.
3.5 Conduct a public hearing, discuss and consider an ordinance approving a
zoning change on an undeveloped tract of land totaling approximately 1.58
acres, owned by Trinity Presbyterian Church, generally located adjacent to
Main Street (FM 423) at Nash Drive, from a SF-Single Family zoning district
to a GR-General Retail zoning district and the Gateway Overlay District
(Development Services, Joyce)
3.6 Conduct a public hearing, discuss and consider an ordinance approving a
zoning change on a tract of land totaling approximately 29.08 acres,
generally located along Lake Lewisville on both sides of Waters Edge Drive
and on the west side of Waters Edge Court, from an Agriculture (A) zoning
district to a Planned Development zoning district (PD-26); providing the
permissible uses and development standards thereof (Development Services,
Joyce)
Mr. Joyce summarized this request for PD 26. He added that it includes two
sections near the back gate of the subdivision. The Planning and Zoning
Commission recommended approval. The public hearing was opened at 9:15 p.m.
Kathleen Osgood spoke in favor. Public hearing closed at 9:17 p.m.
Motion to approve- Terre; second by Marks; motion passed with all ayes.
3.7 Continue a public hearing from July 16, 2013, discuss and consider
approving an ordinance amending the Code of Ordinances, Appendix A
Zoning, by adding a new land use of "Kennels, Indoor" to Section 10-200,
"Schedule of Uses by District;" by adding the definitions of "Kennels,
Indoor," "Kennels, Outdoor" and "Adult Animal" to Section 10-300,
"Definitions and Explanations Applicable to the Use Schedule;" and by
adding Section 10-1380, "Kennels, Indoor" and Section 10-1385, "Kennels,
Outdoor." (Development Services, Joyce)
Mr. Joyce stated this item now combines indoor and outdoor kennels, and
includes definitions and zoning requirements. A specific use permit will be
required in certain locations. The public hearing was opened and closed at 9:22
p.m. with no one wishing to speak.
Motion to approve- Boyer; second by Marks; motion passed with all ayes.
4
AugUst 20, 2013
3.9 Discuss the proposed 2013-2014 tax rate not to exceed $.6775 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 17, 2013, take a
record vote and schedule public hearings on the proposed tax rate to be held
September 3 and September 9, 2013 (Finance)
Mr. Miller explained that the council must take a record vote and set two dates for
public hearings since the proposed rate exceeds the effective or rollback rate.
Motion to approve- Connelly, second by Mikulec, motion passed with all ayes.
3.10 Discuss and consider approving a resolution authorizing the city manager to
execute a New World Systems Software Maintenance Agreement for the
continued maintenance of licensed software for police operations (Police,
Plemons)
Assistant Chief Chris Plemons reviewed the purpose of this item and the
associated costs. He said some of the additional cost is to get the contract timed
with the budget year and includes 40 service hours as needed. This is a five-year
agreement with an annual cost of $104,436 and includes upgrades as available.
Motion to approve- Connelly, second by Boyer, motion passed with all ayes.
3.11 Discuss and consider approving a resolution authorizing the city manager to
execute an Encroachment on Easement Agreement with Atmos Energy
Corporation for a segment of the Parks Loop trail with a one-time payment
to city (Engineering, Scruggs)
City Engineer Gordon Scruggs told the council that the Atmos pipeline upgrade
has already started. He stated the cost to replace the trail is approximately
$187,000 and Ahnos has agreed to pay approximately 30 percent, or $56,160, to
the city in exchange for the city agreeing to an Encroachment on Easement
Agreement. Councihnember Connelly asked whether this includes the Legends
portion of the trail. It does not but Gordon added that since that portion of the
trail is privately owned by the Legends, he believes Atmos has made the same
offer to the Homeowners Association there.
Motion to approve- Sch.rag, second by Connelly, (notion passed with all ayes.
3.12 Discuss and consider approving a resolution authorizing the mayor to
execute an Interlocal Cooperation Agreement with Denton County for
maintenance of Bridges Cemetery (Mayor)
Mayor McCourry said that he has been working with the city attorney for
approximately 2 years to get this agreement in place. This cemetery was deeded
in trust to the Denton County Judge years ago so this agreement is with Denton
County. The agreement provides for the city to replace the remaining chain link
fence around the cemetery matching the wrought iron on one side and provides
that the city will maintain the cemetery by mowing and trimming the grass as
needed. City Attorney Jeff Moore added that the fencing must go back in the
5
August 20, 2013
exact same location due to some unmarked graves located there. The agreement
provides for an automatic annual renewal unless either party wants to terminate
with a 30 day notice.
Motion to approve- Boyer, second by Mikulec; motion passed tivith all ayes.
3.13 Discuss the future engineering services contract for the Wastewater
Treatment Plant remodel (General Admin, Maurina)
Assistant City Manager Tod Maurina told the council that through negotiations
with Garver (firm the city was planning to use) it was determined that they could
not meet the requirements for this project. As a result, staff is now requesting to
use Carollo Engineering, the company that conducted the upgrade study. Council
directed staff to negotiate a scope of services with Carollo.
4.0 WORK SESSION
No work session items.
Council convened executive session at 10:55 m.
5.0 EXECUTIVE SESSION
5.1 A. Council shall convene into a closed executive session pursuant to
Section 551.072 and 551.071 of the TEXAS GOVERNMENT CODE to seek legal
advice from the city attorney and to deliberate the purchase, exchange, lease
or value of real property located within the Eastvale area for public park
purposes.
B. 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, and to deliberate the offer of a financial or other incentive to a
business prospect.
C. Council shall convene into a closed executive session pursuant to
Sections 551.071 and 551.087 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.
D. Council shall convene into a closed executive session pursuant to
Sections 551.071 and 551.072 of the TEXAS GOVERNMENT CODE to receive
legal advice from the City Attorney concerning pending litigation, and/or to
consider a settlement offer in the condemnation case of The City of The
Colony, Texas vs. Texas Industries Inc. and TXI Operations, Inc., Cause
Number PR-2013-00030, pending in the Probate Court, Denton County,
Texas.
E. Council shall convene into a closed executive session pursuant to
Sections 551.071 and 551.072 of the TEXAs GOVERNMENT CODE to receive
legal advice from the City Attorney concerning the condemnation case of The
6
August 20, 2013 City of The Colony, Texas vs. Whiteford Limited Partnership, Cause
Number PR-2012-00242, pending in the Probate Court, Denton County,
Texas.
F. Council shall convene into a closed executive session pursuant to
Section 551.071 of the TEXAS GOVERNMENT CODE to seek legal advice from
the city attorney regarding city personnel matters.
G. Council shall convene into a closed executive session pursuant to
Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the
appointment, employment, evaluation, reassignment, discipline, dismissal, or
duties of the City Manager.
H. Council shall convene into a closed executive session pursuant to
Sections 551.071 and 551.074 of the TEXAS GOVERNMENT CODE to
receive legal advice from City Attorney, and to deliberate the evaluation,
reassignment, dismissal or duties of Planning and Zoning Commission board
members.
[Recess 11:55 p.m. to 12:05 a.m.]
Reconvened to Olen Session at 1:25 a.m., Auaust 21St
5.2 A. Any action as a result of executive session regarding the purchase,
exchange, lease or value of real property.
No action.
B. Any action as a result of executive session regarding the offer of a
financial or other incentive to a business prospect.
No action.
C. Any action as a result of executive session regarding commercial or
financial information the City has received from a business prospect and the
offer of a financial or other incentive to a business prospect.
No action.
D. Any action as a result of executive session regarding pending
litigation, and/or consider a settlement offer in the condemnation case of The
City of The Colony, Texas vs. Texas Industries Inc. and TXI Operations, Inc.
Motion to approve the payment of ,$2,600,000.00 for acquisition of certain right-of-way
and easements, and authorize the mayor and/or city manager to execute any and all
documents necessary including the Compromise and Settlement Agreement and the
attachment of exhibits acceptable to city staff in the condemnation case of The City of
The Colony, Texas vs. Texas Industries Inc, and TXI Operations, Inc. as presented-
Boyer, second by Schrag; motion passed with all ayes.
E. Any action as a result of executive session regarding the
condemnation case of The City of The Colony, Texas vs. Whiteford Limited
Partnership.
7
August 20, 2013
Motion to authorize the city manager, city attorney's office, and/or city staff to
deposit into the registry of the court the $107,997.55 award in the condemnation
case of The City of The Colony, Texas vs. Whiteford Limited Partnership as
presented- Connelly; second by Mikulec; motion passed with all ayes.
F. Any action as a result of executive session regarding city personnel
matters.
No action.
G. Any action as a result of executive session regarding appointment,
employment, evaluation, reassignment, discipline, dismissal, or duties of the
City Manager.
No action.
H. Any action as a result of executive session regarding the evaluation,
reassignment, dismissal, or duties of Planning and Zoning Commission board
members.
No action.
And with no further business to discuss the meeting was adjourned at 1:29 a.m. on
August 21, 2013.
APPROVED:-
;Oe-McC4.ur T,-Mayor c-]7e
City of The Colony I
ATTEST:
/ OF rHF
ristie Wilson, TRMC
City Secretary =t~1
TE X P►~
FY 2013=2014
Budget
Cost Control, Capital Planning
Preliminary Public Budget Aug 20, 2013
s - r'e ti ?'.v_^ J~~ 1t'~i . ' ~ r y` : ~r ~ tf._: • ~ - r i. s ~
• Reduce the property tax rate
• Increase in Consumer Utility Fees
• Capacity Upgrades
• Deferred Maintenance Costs
• Future Bond Issuances
• No New Debt
• Absorb Cost increases
Budget Goals
• Property Tax - $787,481 increase (s.4Yo)
• FY 2012-13 - $14,686,473
• FY 2013-14 - $15,473,954
• Sales Tax - $71,455 increase (2%)
• FY 2012-13 - $3,572,730
• FY 2013-14 - $3,644,185
• Debt Service - $199,607 increase's
• FY 2012-13 - $10,859,411
• FY 2013-14 - $11,059,018
• Refunding bonds have higher initial payments but
have long-term reductions.
• Fund Balance Days
• Gen Fund 8 0
• Parks and Utility 60
Overall Changes
• Certified Tax roll for FY 2013-14
• $ 2,307,050,778
• 5,9% Increase from CV FY 2012-13
• $23,230,240 in new construction
• Tax rate is proposed to have a 1/ cent
reduction
• Going down from .6800/$100 valuation to
.6775/$100 valuation
• Ave home value is $158,010 so this means
a $4 reduction in annual property taxes
• Reduction equates to approx. $55,000 in
reduced revenue
• Total of $15,473,954 in Revenue
Tax Rate
Yf mz--, i- 6' ",,s c
• Operations and Maintenance (O&M) are the
costs for our day to day activities
• Overall, the city has reduced O&M costs
.093%, or $33,000 from FY 2012-13 to FY
2013-14
• CPI southern region change from
June 2012 - positive 1.9%
• General Fund
• Reduction of $183,878 or. 824%
• Fleet, IT and non-departnnental
• Parks Fund
• Increase of $80, 010 or 2.29%
• Utility Fund
9 Increase of 71,035 or. 755%
Operations &
Maintenance
• No new debt issue planned for a 411,
consecutive year
• Future debt issue planned for Wastewater
plant and other major utility infrastructure
• Debt issue planned for CY 2015
• Total Debt Service for FY 13-14 is:
• $1110591018
• Compared to previous year:
• FY 12-13 - $10,859,411
• FY 13-14 - $11,059,018
Increase due to refinancing of 2004 revenue bond.
This refinancing will have future savings as the
payments are front loaded.
Debt Service
General Fund
• Operating Revenues - $19,463,115
• Transfers in - $2,131,706
• Operating Expenditures - $22,131,863
• Transfers out - $2158404
• Allocated Costs (Other Funds)-$3,945,663
• Fund Balance - $5,379,502
• Working Days - 80
Parks Fund
• Operating Revenues - $787,960
• Operating Expenditures - $3,574,573
• Transfers in - $2,612,729
• Fund Balance - $597,388
• Working Days - 60
Utility Fund
• Operating Revenues - $13,963,746
• Transfers in - $35000
• Operating Expenditures - $9,473,917
• Transfers out - $4,589,906
• Fund Balance - $2,253,252
• Working Days - 60
Fund Balances
• We have $1,485,000 set aside for capital
projects.
• Projects were ranked first by department
heads, then directors and finally, council.
• Funding will be allocated based upon the
results of the council's shared priorities
coupled with the recommendations of our
highest needs from staff.
Supplemental Funding
~ ~Fnw'n s t ;'.,s' f''3.>3- -F`;:' -s~^ '`_t..,,L ♦ y~ c. ?i' _ _ ti !!_-3t ''3 -.-i;+ y 3'l.
DEPARTMENT 2014 CIP Project
$ AMOUNT GENERAL DESCRIPTION
Police $20,000 ID Authenication Mandate
IT $35,000 Backup System - More capacity and speed are need to backup files
oug oo Laptop Replacements Fire/Police - Micr_o_s_oTt_XP
IT $120,000 support ends 4/14 mandate 6 months later
Fire $250,000 Upgrade Radio System, add Mobile Data, Upgrade Fire Dispatch
Police $15,000 New World Software Migration to blade server
IT $40,000 Computer Replacements over 6 years old
Current one System o tware is no longer supported an oesn -t
IT $30,000 operate new Internet Protocol phones.
Blade Server Replacements - blades don't support the it
IT $30,000 newer servers and the support for 4 is expensive
Aquatic $15,000 Replacement Heater for pool
Facilities Maint $5,000 School Zone Flashers
Police $210,000 Vehicle Replacement of 6 patrol cars
Aquatic $10,250 Pool Vaccuume
Fire $10,000 safety,
Fleet $95,000 General Vehicle Replacement
Public Works $75,000 Continued sidewalk repair
Public Works $125,000 Continued street patching
WasteWater $200,000 Begin engineering on WasteWater plant upgrade
Water Dist. $200,000 First year of water tower maintenance contracts
C;ipilall Projects
• School Resource Officer
• Total Cost $77,211
• School ask of City - 50% funding
• $38,605.50 annually
• Public Hearings on Tax Rate
• September 3rd, 2013
• September g,h 2 013
Re aining Items
..,$a.rt~' y~ Y.,y~"'£'~ f.. Sm ¢ a. -.~r S.;'r- x.t~ e°'yx , ^1 `1 r_. ,a.*f 'rr - 'ly