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Home My WebLink About09/03/2013 City Council September 3, 2013 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 3, 2013 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:10 p.m. on the 3"1 day of September, 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Absent Kirk Mikulec COLincilmember Absent Richard Boyer Councilmember Present Jeff Connelly Councilmember Present 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 Call to Order Invocation Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- National Payroll Week proclamation was presented to Finance Director, David Cranford Recognition of Texas Festival & Events Association Awards to Parks & Recreation- The P&R Department received 1st, 2nd or 3"d place awards for all nine of their- entries into this competition. Nebraska Furniture Mart Video Presentation- Postponed to the next meeting. Update on Reconstruction of the S.H. 121 Northbound Frontage Road Between Standridge and Main- The exit ramp for Main Street off the tollway is closed for NTTA to replace 3 lanes on the service road. Completion of construction is expected in December. Currently restriping of other lanes is occurring as well. Citizen Input- Christi Martin announced a food and blood drive sponsored by the Chamber of Commerce on September 21st. Kelly Williams stated she owns a business in town and asked how she could be allowed to bid on specific construction related jobs at Nebraska Furniture and Top Golf. Announcement of upcoming civic events and activities Library Director to provide current and upcoming programs, events, and service improvements, These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 September 3, 2013 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held August 20, 2013 [Marks, Terre WS] (City Secretary) 2.2 Consider approving council expenditures for July 2013 (Council) 2.3 Consider approving an ordinance repealing Ordinance 2013-2008 and adopting a revised city council single-member district map for Places 3-6 (Council) 2.4 Consider approving a resolution approving a detailed map for revised city council single-member district Places 3-6 (Council) 2.5 Consider approving an ordinance amending the Code of Ordinances, Chapter 2, Article I, Section 2-1 by repealing it in its entirety and replacing it with a new Section 2-1, entitled "Elections- Districts created", addressing the adoption of council districts by ordinance (Council) 2.6 Consider approving a resolution authorizing the city manager to execute a License and Use Agreement with Carnival Americana, Inc. to hold a carnival November 7-10, 2013 at the Five Star Complex, and authorizing extended hours of operation (PARD, Swain) Motion to approve- Connelly, second by Boyer, motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Conduct the first of two public hearings and discuss the proposed 2013-2014 tax rate not to exceed $.6775 cents per $100 valuation for the taxable value of all property, real and personal, located within the City of The Colony, and announce that the tax rate will be voted on at The Colony City Hall on September 17, 2013 at 7 p.m. (Finance) Assistant City Manager Tim Miller told the council that the city is required to hold two public hearings (second one on September 9"') even though the city is reducing the tax rate. The reason is due to higher property valuations resulting in more revenue to the city. The public hearing was opened at 7:36 p.m. Steve Parsons stated he believes the city is over-staffed (particularly mentioned assistant city managers) and that new positions are not needed. He also stated that the MUD tax [State Revolving Fund fee on utility bills] has expired and should not be charged to the residents any longer. Lastly, Mr. Parsons stated that the city's tax rate should be under $.50 cents. Christi Martin said that the '/4 cent reduction in the tax rate is insignificant to her and the city could keep hers if it will ensure satisfactory city services. The public hearing closed at 7:45 p.m. Mr. Connelly spoke stating that 8 of the last 9 years the city has reduced the tax rate slowly and that local businesses appreciate it. The city has also not issued debt for 3 years and is not currently doing some things because there are not enough funds. He added that he feels the city is going in the right direction. 3.2 Conduct a public hearing, discuss and consider approving an ordinance amending the Code of Ordinances, removing various sections of the Code of Ordinances regarding temporary uses, and adding a new section lOD, entitled "Special Regulations For Certain Types of Temporary Uses" including construction offices, garage sales, mobile food trucks, new home sales offices, seasonal Christmas tree sales, seasonal firewood sales, seasonal 2 September 3, 2013 snow cone establishments, special events, temporary accessory buildings, temporary batch plants, tents and canopies, natural disasters and emergencies (Planning, Joyce) Planning Director Mike Joyce briefly stated that this ordinance moves all the temporary uses into one section of the code of ordinances in order to make it more user friendly. The public hearing was opened at 7:52 p.m. Christi Martin said she had a question about special events and asked that someone from staff contact her. The public hearing was closed at 7:52 p.m. Motion to approve- Boyer; second by Connelly; motion passed with all ayes. 3.3 Conduct a public hearing, discuss and consider approving an ordinance amending Planned Development 18 and Planned Development 23 development standards by increasing the lot coverage from fifty percent (50%) to fifty-five percent (55%), increasing the minimum lot depth from 100 feet to 110 feet, and revising the rear yard setback for patio covers and gazebos. The property is located on the east and west sides of Lebanon Road on Wynnwood Peninsula (Planning, Joyce) Mr. Joyce stated this is a developer request to narrow and lengthen some lots. He provided illustrations of the proposed changes, adding that the fire safety standards are still being met. The Planning and Zoning Commission recommends approval. The public hearing was opened and closed at 8:00 p.m. with no one wishing to speak. Motion to approve- Terre; second by Connelly; (notion passed with all ayes. 3.4 Discuss and consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for local match funding of the Memorial-Spring Creek Connector Project (Engineering, Scruggs) Engineering Director Gordon Scruggs told the council that this agreement is with Denton County for them to provide the city's local match funding of S9.1M for this construction project. These funds are needed for the final phase of construction. Motion to approve- Connelly; second by Schr•ag; motion passed with all ayes. 4.0 WORK SESSION No work session items. Executive Session was not convened. 5.0 EXECUTIVE SESSION 5.1 A. 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. 3 September 3, 2013 B. 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 Municipal Court Judge. C. 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. 5.2 A. Any action as a result of executive session regarding city personnel matters. B. Any action as a result of executive session regarding Municipal Court Judge annual evaluation. C. Any action as a result of executive session regarding Planning and Zoning Commission board members. And with no further business to discuss the meeting was adjourned at 8:08 p.m. APPROVED: r, Joe McCourry, Mayor .City of The Colony ATTEST: 01 OF Christie Wilson, TRMC r City Secretary TEX As 4