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Home My WebLink About09/17/2013 City Council September 17, 2013 MINUTES OF REGULAR SESSION OF CITY COUNCIL HELD ON SEPTEMBER 17, 2013 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:06 p.m. on the 17th day of September, 2013, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry Mayor Present Kirk Mikulec Councilmember Present (8:15 p.m.) Richard Boyer Councilmember Present Jeff Connelly Councilmember Present David Terre Councilmember Present Perry Schrag Councilmember Present Joel Marks Mayor Pro-Tem Present And with six 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 Family Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- United Way of Denton County proclamation presented to United way representative Sabrina Best. Recognize Lakeway Baptist Church Youth Group- a certificate was presented for participation in the Volunteer Assistance Program. Nebraska Furniture Mart Video Presentation- City Manager Powell explained that these videos were created by the Omaha store manager to promote their employees' transferring to the new store in The Colony. Citizen Input- Christi Martin announced a food and blood drive to be held on Saturday at the Metro Relief location. The event is sponsored by the Chamber of Commerce. Announcement of upcoming civic events and activities Parks and Recreation update. Councilmember Terre acknowledged the P&R staff for the sunset concerts held at Stewart Creek Park this summer. Councilmember Marks reminded everyone to eliminate standing water in their yards [to help combat West Nile Virus]. 2.0 CONSENT AGENDA i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. i September 17, 2013 2.1 Consider approval of minutes of council meetings held September 3 [McCourry, Mikulec] and September 9, 2013 [Mikulec, Boyer] (City Secretary) 2.3 Consider approving a budget amendment ordinance for Fiscal Year 2012- 2013 for Utility Fund Facility Maintenance for emergency repairs to the Tribute pump station and legal services for the Municipal Court (Admin, Shallenburger) Motion to approve- Connelly; second by Marks; motion passed with all ayes. Councilmember Terre requested separate discussion on item 2.2. 2.2 Consider approving a resolution amending Resolution 2012-062, Master Fee Schedule 2012-2013, to provide for new and amended fees for fiscal year 2013-2014 with an effective date of October 1, 2013 (Finance, Cranford) Councilmember Terre inquired as to the reason for fee increases for Youth Basketball registration and rentals of activity rooms. Parks Director Pam Nelson said that they are transitioning from t-shirts to volleyball jerseys for next season. Those teams going to play-offs were required to purchase them anyway and the desire for jerseys has been requested by the teams. Pam advised that the activity room rental fees have not been increased in the past six years and the demand for the rooms is increasing. This changes brings the fees in line with the Community Center rates. Mayor McCourry noted the change regarding registration fees for animals being referenced as "pet registrations" rather than "dog" registration fees. Motion to approve- Terre; second by Marks; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approving an ordinance adopting the City of The Colony budget for the fiscal year beginning October 1, 2013 through September 30, 2014; providing for intra and inter-department fund transfers; providing for the investment of certain funds; providing that expenditures for said fiscal year to be made in accordance with said budget (Finance, Cranford) Assistant City Manager Tim Miller reminded council that this budget does not include any new debt but does include a 3% utility rate increase. Motion to approve- Terre; second by Connelly; motion passed with the following vote: For: Marks, Schrag, Terre, McCourry, Connelly, Boyer Against: None Present and not voting: None Absent: Mikulec 3.2 Discuss and consider approving a resolution ratifying the property tax revenue increase reflected in the City of The Colony budget for fiscal year 2013-2014 in accordance with House Bill 3195 (Finance, Cranford) September 17, 20 13 ACM Miller told that council that this item is required because the revenues the city is receiving is increased over the previous year. This is due to property values increasing and even though the city is reducing the tax rate. Motion to approve a resolution ratifying the property tax revenue increase reflected in the City of The Colony budget for fiscal year 2013-2014- Marks; second by Boyer; motion passed with all ayes. 3.3 Discuss and consider approving an ordinance adopting the City of The Colony tax rate of $.6775 per $100 valuation for fiscal year 2013-2014. Tax Rate is comprised of $.459022 M&O and $.218748 General Fund Debt Service (Finance, Cranford) ACM Miller told the council that the M&O rate as shown on the agenda has numbers transposed and should say $.218478 instead. City Attorney Jeff Moore explained to the council a specific language is to be used in the motion to approve the tax rate. 'The language is somewhat misleading since the city is not raising the tax rate but the tax rate is resulting in a revenue increase. Councilmember Terre read the required motion language. I move that the property tax rate be increased by the adoption of a tax rate of $.6775, which is effectively a 6.23% percent increase in the tax rate- Terre; second by Marks; motion passed with the following vote: For: Marks, Schrag, Terre, McCourry, Connelly, Boyer Against: None Present and not voting: None Absent: Mikulec Mayor McCourry requested Councilmember Boyer contact state legislative officials about this required motion language in hopes of getting it changed. 3.4 Discuss and consider making nominations for individuals to serve on the Denton Central Appraisal District Board of Directors for a term beginning January 1, 2014 (Council)) Mayor McCourry told the council that city employees are not eligible to serve on this board; only city residents are eligible and can include elected officials. Also, the city has 62 votes in the matter. This nomination will be compiled with others from the county and presented to the cities in the next few weeks for an official vote by resolution. Motion to nominate David Terre; second by Marks; motion passed with all ayes. 3.5 Discuss and consider participation in the 2014 All America City Award Competition (Admin, Perez) City Manager Powell told the council that a decision needs to be made about the city participating in this competition. Based on the discussion, the city will plan to apply in 2015 however would like to appoint some committee members in the September 17, 2013 near future so they can begin planning, and also attend the event in 2014 to get a better idea of what is involved. 3.6 Discuss and consider for 2013/2014 grant requests for in-kind contributions. (Admin, Shallenburger) [Councilmember Mikulec arrived during this discussion.] Brant Shallenburger told the council that two of the grant requests (monetary grants approved) include a request for in-kind services from the city. Council will need to make the decisions on these so the information can be included in the funding agreements. The first request is from The Colony Roadrunners. The services requested equate to approximately $1,500, including stage rental and staff the day of the event. This request is for the event to be held October 2014. Motion to approve- Boyer, second by Marks; (notion passed all ayes except for Connelly who voted no. The second request is from Lakeside Community Theater. This request is for a waiver of fees for rehearsal space and for use of our interlocal agreement with Lewisville Independent School District. The agreement allows the city certain usage of their facilities at no charge. The LCT was allowed use of the high school for a summer performance last year under the agreement. There was considerable discussion as to whether the agreement with LISD allows the city to do this and staff was directed to research this further. Motion to deny in-kind services connected with the city's LISD Interlocal Agreement- Terre; second by Connelly' motion passed with all ayes. Motion to allow tip to 318 hours (fees waived) for city facility usage in accordance with available space- Connelly; second by Mikrdec; motion passed with all ayes. 4.0 WORK SESSION No work session items. Executive Session was convened at 8:35 .m. 5.0 EXECUTIVE SESSION 5.1 A. 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. B. 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 appointment, evaluation, reassignment, dismissal or duties of the following boards and commissions: Community Development Corporation Board of Directors Economic Development Corporation Board of Directors Board of Adjustment 4 September 17, 2013 Planning and Zoning Commission Community Image Advisory Board Library Board Technologies Board Animal Control Advisory Board 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, and to deliberate the offer of a financial or other incentive to a business prospect. Reconvened to Open Session at 12:20 a.m. 5.2 A. Any action as a result of executive session regarding the appointment, employment, evaluation, reassignment, discipline, dismissal, or duties of the Municipal Court Judge. No action. B. Any action as a result of executive session regarding the evaluation, reassignment, dismissal, or duties of various board and commission members. A nomination was made by Coinzcilmember Connelly to appoint Casey Truskunas to the Board of Arjustnzent Alternate 2; all members of council voted aye. 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. And with no further business to discuss the meeting was adjourned at 12:21 a.m. on September 18, 2013. APPROVED: Jo McCourr , Mayor ~ity of The Colony ATTEST: io',~ Christie Wilson, TRMC City Secretary 4 T E X A~ 5