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Home My WebLink About09/16/2014 City Council September 16,2014 MINUTES OF COUNCIL SESSION HELD ON SEPTEMBER 16,2014 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 16th day of September, 2014, at City Hall, 6800 Main Street, The Colony, Texas,with the following roll call: Joe McCourry Mayor Absent Kirk Mikulec Councilmember Present Richard Boyer Councilmember Present Jeff Connelly Councilmember Present David Terre Mayor Pro-Tem Present Perry Schrag Councilmember Present Joel Marks Councilmember 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 — Pastor Chuck Schneider with Trinity Presbyterian Church led the invocation. Pledge of Allegiance to the United States Flag Salute to the Texas Flag Fire Chief Scott Thompson and Driver/Engineer Clay Cunningham recognized the BMF Project for donating sonar equipment to be used by dive teams to the Fire Department. Proclamation— Constitution Week Mayor Pro-Tern Terre presented a proclamation to Dawn Ventre, Chairman of the Preston Ridge Chapter of the Daughters of the American Revolution, recognizing September 17 —23, 2014 as Constitution Week. Ms. Ventre expressed her sincere appreciation to the City of The Colony for its continued support over the years in recognizing Constitution Week. Afterwards, Mayor Pro-Tern Terre read aloud a proclamation recognizing the opening of Prestwick K-8 STEM Academy. Citizen Input- Resident Kevin Braby extended an invitation to Council, inviting them to attend a City Council Candidate forum being hosted at Calvary Christian Center, located at 5220 Blair Oaks Drive, at 7:00 p.m., on September 25, 2014. Announcement of upcoming civic events and activities 1- Parks and Recreation update on activities. Special Events Coordinator Lindsey Stansell provided an update on upcoming Parks and Recreation events. I These items are strictly public service announcements.No action will be taken and no direction will be given regarding these items. 1 September 16,2014 Mayor Pro-Tern Terre thanked Parks and Recreation staff for their efforts over the years in preparing programs and events for residents to enjoy, noting citizen participation has increased over the years even during bad weather conditions. 2.0 CONSENT AGENDA The Consent Agenda contains items which are routine in nature and will be acted upon in one motion. Items may be removed from this agenda for separate discussion by a Council member. 2.1 Consider approval of minutes of council meetings held September 2, 2014 [Marks WS] (City Secretary) 2.2 Consider approving a resolution amending Resolution 2013-048, Master Fee Schedule 2013-2014, to provide for new and amended fees for fiscal year 2014-2015 with an effective date of October 1,2014 (Finance) 2.3 Consider approving an ordinance establishing a sinking fund for the funding of an amended employment agreement for the city manager(Mayor) 2.4 Consider approving a resolution authorizing the city manager to execute an Encroachment on Easement Agreement by and between the City of The Colony and Oncor Electric Delivery Company, LLC for construction of an overflow parking lot at Perryman Park(Nelson, PARD) 2.6 Consider approving a resolution authorizing the mayor to execute a Joint Election Agreement and Contract for Election Services by and between the city of The Colony and Denton County for the November 4, 2014 City Council election (City Secretary) Motion to approve the above consent agenda items-Marks;second by Mikulec; motion passed with all ayes. Councilmember Connelly requested Item 2.5 be pulled off consent to allow discussion. 2.5 Consider approving a resolution authorizing the mayor to execute an Interlocal Agreement between the Little Elm Independent School District and the City of The Colony to provide a School Resource Officer at the Prestwick STEM Academy (Police,Brockway) Councilmember Connelly expressed his displeasure regarding split funding with Little Elm Independent School District for a School Resource Officer, and further stated he would vote in opposition of the item. Motion to approve— Connelly; second by Mikulec; motion passed with Connelly voting against. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider an ordinance approving a Development Plan for a six story, 115-room Hampton Inn to be located on a 2.68 acre tract of land on the northeast corner of Plano Parkway and Bargain Way (Development Services, Joyce) 2 September 16,2014 Development Services Manager Mike Joyce briefed Council regarding this item. Mr. Joyce reviewed the parking and circulation plans, site plan, landscape plan, and building elevations. Senior Planner Brooks Wilson passed out a sample of the proposed building materials to be used for the site. Councilmember Boyer asked staff to ensure quality standards are met with the project. Councilmember Boyer advised staff to bring forward a proposed amendment to the current PD-25 standards to match the Gateway Overlay standards at a future Council meeting. Motion to approve-Marks;second by Mikulec; motion passed with all ayes. 3.2 Discuss and consider an ordinance approving a Site Plan for a 7,600 square foot medical clinic, Methodist Urgent Care, to be located on a 0.87 acre tract of land on the north side of the Sam Rayburn Tollway (S.H. 121) approximately 450 feet east of Blair Oaks Drive (Development Services, Joyce) Development Services Manager Mike Joyce reviewed proposed parking, building materials, building elevations and the landscape plan. Motion to approve- Connelly;second by Marks; motion passed with all ayes. 3.3 Discuss and consider approving an ordinance amending the Code of Ordnances, Chapter 12, "Municipal Utilities and Services," Article V, "Well Drilling," Division 2, "Use of Land Near Wells" to correct errors in the text (Development Services, Joyce) Development Services Manager Mike Joyce briefed Council regarding this item, noting the proposed Ordinance cleans up errors and typos from the original ordinance, allowing the city to be in compliance with current code regulations. Motion to approve-Mikulec;second by Boyer;motion passed with all ayes. 3.4 Discuss and consider approving an ordinance adopting the City of The Colony budget for the fiscal year beginning October 1, 2014 through September 30, 2015; 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) Assistant City Manager Tim Miller reviewed budget highlights, property and sales tax revenue increases, operation costs, and capital improvement projects. Mr. Miller noted that Capital Improvement Projects will be presented before Council after October 1St. Mr. Miller reviewed the past 13 years of tax rate patterns which indicate a steady decrease. City Manager Troy Powell explained the tax rate affects all levels of the city including the commercial base. Mr. Powell further stated that a competitive rate is the goal and has been accomplished with joint efforts from council and staff. 3 September 16,2014 Councilmember Marks expressed his appreciation to the Management Team for accomplishing this goal of decreasing the tax rate. Motion to approve-Boyer;second by Mikulec; motion passed with all ayes. 3.5 Discuss and consider approving a resolution ratifying the property tax revenue increase reflected in the City of The Colony FY2014-2015 budget (Council) City Attorney Jeff Moore briefed Council regarding this item, noting that in order to comply with House Bill 3195, the city must have a separate vote on a budget which raises more revenue from property taxes than previous years. Councilmember Boyer announced he plans to meet with Legislative Leaders regarding HB 3195, and plans to ask for more clarification regarding the required language cities use, which in his opinion, might be confusing to residents. Motion to approve- Connelly;second by Marks; motion passed with all ayes. 3.6 Discuss and consider approving an ordinance adopting the City of The Colony tax rate of $.6725 per $100 valuation for fiscal year 2014-2015. Tax Rate is comprised of $.476336 M&O and $.196164 General Fund Debt Service (Finance) City Attorney Jeff Moore briefed Council regarding Tax Code language requirements governing bodies must use when making a formal motion to adopt the Tax Rate. Motion to approve the property tax rate be increased by the adoption of a tax rate of$.6725, which is effectively an 8% percent increase in the tax rate — made by Connelly;second by Schrag; motion passed with all ayes. 4.0 WORK SESSION None Executive Session was convened at 7:06 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, and to deliberate the offer of a financial or other incentive to a business prospect. Reconvene to Open Session 5.2 A. Any action as a result of executive session the offer of a financial or other incentive to a business prospect. Councilmember Connelly made a motion to approve the execution of a performance agreement by and between the Colony Economic Development Corporation and Edward Don and The Colony community Development Corporation and Edward Don on the following terms and conditions: 4 September 16,2014 • A 10 year lease with three (3)five (5)year extensions;and • EDC will rebate % of their (.5)sales tax receipts and; • EDC pays an annual cash grant equal to 70% real and BPP tax abatement;and • CDC will rebate % of their(.5)sales tax receipts. Motion seconded by Councilmember Mikulec, motion passed with all ayes. Councilmember Schrag made a motion to approve the execution of a performance agreement by and between The Colony Economic Development Corporation and Sanyo Energy on the terms as presented in the executive session. Motion seconded by Councilmember Mikulec, motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 8:45 p.m. APPROVED: oe M o y, Mayor City of The Colony ATTEST: `0 o TNS • - jvca, = Christie Wilson, TRMC City Secretary ~' ?'v TE X 5