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Home My WebLink About12/03/2013 City Council December 3, 20 L3 MINUTES OF COUNCIL REGULAR SESSION HELD ON DECEMBER 3, 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 3`1 day of December, 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 Present Jeff Connelly Councilmember Present David Terre Councilmembcr Present Perry Schrag Counciltmember Present Joel Marks Mayor Pro-Tern Present (7:15 p.m.) 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 - David Terre Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of Finance Department for Excellence in Financial Reporting Award for the 2011-12 Comprehensive Annual Financial Report Citizen Input- Christi Martin spoke in favor of the high school's proposed archway and offered to donate some equipment. She also requested a response to questions asked at a previous meeting. Lastly, she spoke about sidewalks in her neighborhood that needs permanent repair. Announcement of upcoming civic events and activities I- Presentation from the Library Director regarding current and upcoming programs, events, and service improvements. David Terre spoke about the Christmas Light Spectacular and commended the voluntcers who put work in it. Mayor McCourry announced a Toy Run schedule for the following Sunday. 2.0 CONSENT AGENDA 2.1 Consider approving minutes of council meetings held November 19, 2013 [Marks WSJ (City Secretary) 2.2 Consider approving council expenditures for October 2013 (Council) 2.4 Consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement for Fire Protection Services with Denton County effective October 1, 2013 through September 30, 2014 (Fire, Thompson) These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 December 3, 2013 2.5 Consider approving a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement for Ambulance Service with Denton County effective October 1, 2013 through September 30, 2014 (Fire, Thompson) Motion to approve above consent agenda items- Marks; second by Connelly; motion passed with all ayes. Councilmember Connelly requested separate discussion on item 2.3. 2.3 Consider approving a resolution authorizing the city manager to execute an agreement with Fun Nite Out, LLC for operation of the Saturday Nite Out youth activity program (PARD, Swain) Councilmember Connelly recommended some changes to wording in two sections of the contract. Motion to approve with recommended changes- Connelly; second by Boyer; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Second reading, discuss and consider approving an ordinance amending the Code of Ordinances by adding a new Section 13-200 to the Zoning Ordinance, entitled "Accessible Parking for Physically Handicapped Persons" and establishing regulations relating to handicapped accessible parking; and by adding a new Section 19-25 through 27, entitled "Disabled Parking - Presumption; Violations; Penalty" and "Handicapped or Disabled Parking" to the Code of Ordinances for the enforcement of handicapped parking regulations (Development Services, Joyce) Director Mike Joyce told the council there is a minor revision in Section 19-26 from the first reading. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. 3.2 Discuss and consider approving an ordinance amending Chapter 13 of the Code of Ordinances, by adding a new Article X1I1, Sections 13-160 to 13-171, entitled "Credit Access Businesses," establishing a registration program for credit access businesses; imposing restrictions on extensions of consumer credit made by credit access businesses; imposing recordkeeping requirements on credit access businesses; imposing distance restrictions on credit access businesses; and providing a penalty provision (Development Services, Joyce) Mike Joyce stated this ordinance addresses businesses for payday loans, title loans, cash advances. It includes a $50 fee for registration with the city, record keeping requirements, and repayment requirements. He discussed the locations where these types of businesses would be allowed. There are currently four such businesses in the city and they would be grandfathered regarding location unless they choose to change locations. The noted differences in these types of 2 December 3, 2013 businesses and banks are that these have no collateral required and have higher interest rates. Motion to approve- Boyer, second by Connelly; inotion passed with all ayes. Assistant City Manager Tim Miller addressed 3.3 and 3.4 collectively. 3.3 Discuss and consider approving Ordinance Number 2013-2033 approving a Preliminary Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number Two, City of The Colony, Texas. 3.4 Conduct a public hearing, discuss, and consider approving Ordinance Number 2013-2034 designating a contiguous area of the City as Tax Increment Reinvestment Zone Number Two, City of The Colony, Texas, and establishing a Board of Directors for said zone, for an approximately 992.220 acre tract or tracts of land located in a part of the B.B.B. & C.R.R. Survey, Abstract No. 170, a part of the B.B.Q. & C.R.R. Survey, Abstract No. 179, a part of the B.B.B. & C.R.R. Survey, Abstract No. 182, a part of the R. Carter Survey, Abstract No. 321, a part of the R. G. Dunlap Survey, Abstract No. 352, a part of the T. D. Luckett Survey, Abstract No. 752, a part of the S. Payton Survey, Abstract No. 1009, a part of the I Robertson Survey, Abstract No. 1507, a part Boyd Road and Lebanon Road, all of Lot 1, Block 1, Wynnwood Pump Station Addition, an addition to the City of the Colony as recorded in Cabinet W, Page 400, and comprised of that tract of land described in deed to Little Elm Independent School District recorded in Volume 5077, Page 2135, that tract of land described in deed to The Tribute Owners Association, Inc. recorded in Document Number 2008-28999, and portions of those tracts of land described in deeds to Tribute Partners, L.P. recorded in Document Number 2010-69110, Document Number 2010-69111 and Document Number 2010-69114, Denton County Deed Records, City of The Colony, Denton County, Texas. The above items are to create a tax increment reinvestment zone for the Tribute. City Attorney Jeff Moore stated that taking this action will not affect current property tax rates. He explained that based on the property values as of January I and tax revenue that results in the future from increased values, 70% of the increase will be directed to the to the TIRZ to fund infrastructure projects, including an elevated water storage tank, a police and fire substation, and roadways. The remaining 30% of the funds will go to the city's general revenue fund. Item 3.3 is adoption of a preliminary plan but a final plan will be developed by the board of directors for city council approval. The public hearing was opened at 7:54 p.m. Christi Martin spoke asking for specifics on the projects. The public hearing was closed at 7:54 p.m. She was advised the list of items is in the council packet pages 6-7, however that is a tentative list and items can be added or removed before a plan is finally approved. Jeff Moore also added that the TIRZ is on a 25 year plan but it can be completed sooner or extended if need be. Motion to approve item 3.3- Boyer; second by Mikulec; motion passed with all ayes. 3 December 3, 2013 Motion to approve item 3.4-Connelly; second by Mikulec; motion passed with all ayes. 3.5 Discuss and consider approving a resolution authorizing the city manager to issue a purchase order for the purchase of upgraded Fire Department radio equipment and service as approved in 2013-14 municipal budget (Police, Plemons) Assist. Chief Chris Plemons reviewed some history as to the city's emergency radio system, adding that the Fire Department will be moving onto the Plano system as the Police Department already has done. This item is to ensure the Fire Department has the appropriate equipment. The Technologies Board has approved this equipment. Motion to approve- Connelly; second by Schrag; motion passed with all ayes. 3.6 Discuss and consider approving a resolution authorizing the city manager to execute a contract with New World Systems for Fire Department radio software and support, including the purchase of fire records management software as approved in 2013-14 municipal budget (Police, Plemons) Chief Plemons said that this item replaces the Fire Department mobile computer software for all fire apparatus and fire records management. Motion to approve- Marks; second by Connelly; motion passed with all ayes. 3.7 Discuss and consider cancelling or rescheduling the December 17, 2013 city council meetings and provide direction regarding scheduling a possible special session (Council) Council members decided to cancel the 6 p.m. work session and have the regular session at 7 p.m. It was noted that there will be a Local Development Corporation Board meeting at 6:30 pan. 4.0 WORK SESSION 4.1 Receive a presentation and discuss the status of the reconstruction of Main Street and proposed median breaks on Main Street between North Colony Boulevard and Witt Drive (Scruggs) City Engineer Gordon Scruggs gave an update on the reconstruction project. He said the utility relocations will be completed in March 2014. He said that TxDOT has re-bid the roadway reconstruction and are now updating the plans to start in June or July of 2014. Gordon discussed access to city hall during the construction and some changes recently made for the Main St./North Colony Boulevard intersection. 4.2 Discuss parking issues on Fallwater Trail and provide direction to staff (City Manager) Joe Perez explained to the council that parking in this area is not due to a shortage of parking at the Cascades but seems to be a convenience for employees to park 4 December 3, 2013 on the street. Parking on the "round-a-bout" creates a visibility problem for vehicular traffic. It was decided to put No Parking signage on both sides of the street. Executive Session was convened at 8:45 p.m. 5.0 EXECUTIVE SESSION 5.1 A. 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). B. Council shall convene into a closed executive session pursuant to Section 551.072 of the TEXAS GOVERNMENT CODE to deliberate the purchase, exchange, lease or value of real property. Reconvened to Open Session at 10:35 p.m. 5.2 A. Any action as a result of executive session 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). No action. B. Any action as a result of executive session regarding the purchase, exchange, lease or value of real property. No action. And with no further business to discuss the meeting was adjourned at 10:37 p.m. APPROVED: ri M cCourr Mayor ty of The Colony ATTE,,a nx~za Christie Wilson, TRMC t- S City Secretary TE X P11'5 5