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HomeMy WebLinkAbout06/15/1998 City Council 0 G931 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON JUNE 15, 1998 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 6:50 p.m. on the 15thday of June 1998 at City Hall, with the following council roll call: Mary Blair Watts, Mayor Present Bill Longo, Councilmember Present Bernetta Henville-Shannon, Councilmember Present David Stanwick, Councilmember Absent (Arrived 7:20 p.m.) Al Garcia, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with six present a quorum was established, the following items were addressed: 6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 AND 551.074 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION AND PERSONNEL, TO-WIT: A. Interview for Board Appointments B. JWV v. City of The Colony C. Goody-Goody v. City of The Colony D. Office Creek v. City of The Colony E. Kamen v. City of The Colony 7:40 convene in open session 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Invocation - Bruce Scofield, First Baptist Church Pledge of Allegiance 1.1 Special Recognition Margaret Burkett and Mayor Watts presented the Employee of the Year Award to Jerry Young, Chemical Applicator. Margaret Burkett, Mayor Watts and Patti Hicks recognized Ruthann Devlin for completing 20 years with the City and presented her with a clock and a bouquet of flowers. The following persons were also recognized for their tenure: 10 years - Teresa Sink and Dan Baas; 8 years - Terry Carson and Dave Deslauriers; 5 years - Chris Plemons; 3 years - James Callison, Alvin Coughran, Duncan Osborne, Freida Henderson, Julian Herrera, Bobby Merkey, Scott May and Randy Ball; 2 years - Joe Clark, Darnell Blue, Alice Pitts, Chris Chandler, Keil Moon and Amy Mobley. At this time, Mayor Watts recognized Lanny Lambert for completing one year with the city and commended him for his accomplishments during that time as follows: · Took over when the City Planner lett to accomplish getting Impact Fees established. · Personally became knowledgeable of all issues from beginning to end · His philosophy is that the city's one service to sell is customer service · Held employee luncheons, breakfasts, employee surveys and employee goal setting. · He encourages training of employees to provide good customer service ·Confidence in Public Works Dept. allowed the Wal-Mart project to get underway at cost savings. ·He championed the hiring of an in-house engineer and purchasing agent to save the city money. · He has worked hand in hand with council to complete the agreement for the development of Austin Ranch. ·He simultaneously negotiated an agreement with NTMWD to get wastewater services to Austin Ranch and other parts of the city. · Held a council workshop at the Wastewater Treatment Plant so the council would understand the working of the plant. · His idea to bid on the Food Lion building and his negotiations resulted in the purchase. ·He encouraged the council and staff to go to New York City for the bond-rating trip and it was a tremendous help to the city. · He saw the necessity of creating a totally dedicated Economic Development Director, negotiated the contract for that person and when the person declined to go full time, he picked up the leadership of the 4A and 4B boards to create a structure. · He has done the same thing with the Special Events and Telecommunications Boards. · He was successful in getting the right-of-way necessary to complete the improvements at the intersection of N. Colony and Main. Mr. Lambert accepted a box of cigars from the Mayor and said that he could not have done anything without the highly trained, professional staff and employees in the city. Chief Clark and Chief Morrison recognized the following individuals for their achievements in the recent Police and Fire Olympics: Melissa Adger, Ricky Hale and Tim Goodwin, and Dave Wallace. Melissa Adger presented Dave Wallace and Dave Cavens with a certificate of appreciation for helping her train for the event. 1.3 City Manager and Staff Reports --) The City Manager advised that a workshop is needed to discuss the waterworks system and he suggests meeting at the Office Creek Pump Station on June 22, 1998. Mayor Watts said they need to set a time to finish their retreat as well. After brief discussion, the workshop was set for 6:00 p.m. on June 29 at the pump station, following which, the council will probably come to city hall and continue their retreat. It was stated the meeting will run from 6:00 p.m. to 10:00 p.m. 00 933 1.2 Mayoral Comments · '> Mayor Watts reminded Councilmembers to let the city secretary know if they are going to attend the AMCC Conference in College Station in July. · ') Mayor Watts advised EAS rates with Southwestern Bell went into effect June 5, 1998 and will be on the next bill. · '> Mayor Watts read from several memorandum and pieces of correspondence commending police officers for their good police work in recent weeks. -> Mayor Watts presented the Planning Achievement to Harry Persaud, given to the city for excellence in planning for the year 1998. · '> Councilmember Henville-Shannon stated she wants to hold 4 public hearings regarding TCI Cable Co. to be conducted by the Telecommunications Board. The purpose will be to determine if citizens are satisfied and if TCI is in full compliance with the franchise agreement · '> Councilmember Henville-Shannon advised that the markings on N. Colony at its intersection with Main are not sufficient. ") Councilmember Henville-Shannon said she wants to promote The Colony pride and asked residents to maintain their homes and yards. Councilmember Longo thanked SPAN for the donation of two trolley buses. He said they are antiques and cannot be driven. He thanked Larry Haney with LW's Towing for bringing the buses here at no charge. 1.4 Citizen Input Gary_ Stillman, 5088 Roberts and Don Goebel, 5153 Ragan Dr. thanked the city for allowing them to attend the Amercia's Promise summit regarding volunteerism last month in Houston. They advised the conference focused on mentoring programs for youth and encouraged the city and its citizens to become involved. They said they need all organizations in the city to help and asked for recommendations of persons to sit on the committee. They hope to reach out to the community by starting a mentoring program and a teen center. Teresa Sidwell, 3953 Teal Cove, reminded everyone of the Liberty by The Lake celebration on July 4. 6.1 CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION Mayor Watts opened the floor for nominations to serve on the Economic Development Corporation Board of Directors (4A). Councilmember Longo nominated Sue Walden, Councilmember Henville-Shannon nominated Eugene Cone. The vote was as follows: Longo - Walden; Henville-Shannon - Cone; Stanwick - Cone; Garcia - Walden; Dillard - Cone; Kovatch - Cone; Watts - Cone. Eugene Cone was declared appointed to serve on the 4A board. Councilmember Henville-Shannon asked to nominate an ex-officio member. Mayor Watts advised that is not allowed on this board at this time. To do so will require an amendment to their bylaws and/or Articles of Incorporation. 0069 , 3.3 Consideration of approval of a proposed budget as recommended by The Colony Economic Development Corporation Board of Directors (4A) Councilmember Longo said he was not ready to vote tonight. He understood that the City Manager was to meet with both the 4A and 4B presidents to discuss organization, etc. and would prefer to address this item and 3.4 after that meeting is held. Motion to postpone until after the City Manager meets with the presidents of both boards - Longo; second - Henville-Shannon, carried with all members voting aye. 3.4 Consideration of approval of an incentive plan as recommended by The Colony Economic Development Corporation Board of Directors (4B) Motion to postpone until after the City Manager meets with the presidents of both boards - Longo; second - Henville-Shannon, carried with all members voting aye. 3.4 Consideration of appointment to The Colony Economic Development Corporation Board of Directors (4A) Mayor Watts noted this item was handled under 6.1 previously. 2.0 CONSENT AGENDA 2.1 Consideration of approval of minutes of the council meetings held April 6, 13 and May 4 and 5, 1998 Mayor Watts and Councilmember Hcnville-Shannon made note of three corrections to the June 8 minutes. Motion to approve as corrected - Kovatch; second - Henville-Shannon, carried with ali ayes. 2.2 Consideration of approval of an ordinance amending Section 10 by amending Section 10-54 providing for a schedule of fees for food service establishments Motion to approve as recommended - Stanwick; second - Henville-Shannon. Councilmember Dillard stated that the recommended fees are relatively high, noting that our tax rate is the highest in this area and that he does not think raising fees is the way to go. Councilmember Kovatch asked if this can be based on an hourly scale so that the highest users pay the highest rate. Mr. Persaud advised the schedule is already set in that manner. Councilmember Dillard said he is concerned because we continue to increase fees. He is not opposed to passing thc ordinance, but would like to take another look at the fees. Mr. Lambert said his philosophy is to let the users pay the cost of services. 00693 Councilmember Longo said he is not really for raising fees but he thinks that when it comes to food, we need to be sure we can pay for a qualified inspector. Councilmember Dillard agreed we need a qualified inspector, but this plan makes the end user pay for his salary. Mayor Watts stating she does not eat out o~en and does not want her tax money to pay for this service. Teresa Sidwell, 3953 Teal Cove, agreed with Councilmember Longo and said she has spoken to Mr. Acuna (Health Inspector) regarding starting a restaurant association in The Colony, working through the Chamber. Councilmember Dillard said he agrees inspections are needed, he just doesn't agree with how it is funded. Roosevelt Johnson, 5077 Thompson, agreed that all fees are passed through to the consumer. He said restaurants do want to locate here and suggested that a meeting be called with the restaurant owners and that the council and staff listen to what they say about these fees. Councilmember Longo advised the health inspector has already been meeting with the restaurant owners. Councilmember Stanwick noted that the highest increase is only $100.00 annually, which is really a very light increase overall. Councilmember Dillard noted it doesn't matter who pays what, this is increasing what taxpayers have to pay. Motion carried with all members voting aye. 2.3 Consideration of adoption of a fee schedule for food service establishments Councilmember Dillard noted it doesn't matter who pays what, this is increasing what taxpayers have to pay. Motion to approve as presented - Dillard; second - Kovatch, carried with the following vote: Ayes - Longo, Henville-Shannon, Stanwick, Garcia, Kovatch, Watts Noes - Dillard 2.4 Consideration of approval of an ordinance amending Chapter 13, relating to alarm permits, by amending references to multi-family units Motion to approve as written - Stanwick; second - Kovatch, carried with all members voting aye. 2.5 Consideration of acceptance and award of proposals for depository agreement to First State Bank in The Colony Mr. Tony Johnston advised that RFP's were sent to First State Bank, Guaranty National Bank and NationsBank. GNB did not submit a proposal and NationsBank couldn't provide the service that First State Bank can provide. 00693 Motion to approve as recommended - Kovatch; second - Longo, carried with all members voting aye. 3.0 REGULAR AGENDA: 3.1 Public Hearing on application of the City of The Colony seeking to amend the Comprehensive Zoning Ordinance of the City of The Colony by amending appendix A-Zoning by amending Section 17-106 relating to materials for external walls of residential structures in the SF-1, SF-2, SF-3 and SF-4 Districts Motion to open the public hearing - Dillard; second - Henville-Shannon carried with all members voting aye. Mr. Harry Persaud explained that the zoning ordinance requires 70% brick on residences and that the owner of property desires to use EIFS (Exterior Insulating Finishing System) or stucco on his new home at 7604 Laurel Ct. The Planning and Zoning Commission has reviewed this request and does recommend passage of this amendment. Mr. Persaud said there are professionals in the audience to answer questions, but he recommended hearing from the residents at this time. Mayor Watts opened the floor to the council for questions. Councilmember Henville-Shannon asked if this is synthetic stucco. Mr. Persaud advised there are several names for the product and synthetic is one of them. Councilmember Henville- Shannon said if this is drainable stucco, then it should not be a problem. She continued stating that she does not want to change the ordinance for one person and asked why this was not taken to BOAA for a variance. Mr. Persaud said this is a policy decision and BOAA has no authority over policy. Mr. Lonnie Teague, 3833 Heritage Trail, Celina, Tx is the contractor for this project and said this system will have proper drainage, thus it will not have the problems of those homes in North Carolina and Houston. He said any number of building materials could have problems if not properly installed. Mr. Jurgen Hasselbach, 4136 Howard, property owner, addressed the council stating he plans to build his new home in the Eastvale area of the city on Laurel Court. He said he has spoken to all the neighbors and they are all excited about this type of home. He said he will be spending quite a lot of money on his home and has done a lot of research into the building materials. Mr. Hasselbach said this product does allow drainage and has no problems. He asked that the council vote tonight because he does not have much time. Mayor Watts advised this was only a public hearing and there would be no vote tonight. Dennis Staffler, a representative from Finestone Co., in Adrian, Michigan asked to give a presentation regarding their product. Mayor Watts further stated that this is a public hearing and is a time for the council to receive input from the public, not necessarily a time for council to discuss the issues. Councilmember Dillard pointed out that earlier Mayor Watts opened the floor for council comments and now she is stating the opposite. Mayor Watts told Councilmember Dillard that she was not finished speaking and that she had not recognized him. Mayor Watts continued stating a public hearing is to receive input and that most discussion should take place at the time the item is on an agenda for action. She said she wants to hear what the professionals have to oo693r say in this case and that she does want to hear what council has to say, but that we don't want to be here late so there will be another opportunity for discussion. Dennis Staffier gave a slide presentation regarding their product. Councilmember Dillard asked if Mr. Staffler has the ICBO report on this product and he advised he does have it available. Councilmember Dillard pointed out that since the city has adopted the Uniform Building Code and this company has a report on file, then we might not have to approve use of this product. Mr. Persaud stated he would be sure those reports are on file. Councilmember Dillard asked Mr. Hill if we have to approve this since we have adopted the UBC already. Mr. Hill stated that our zoning ordinance limits types of material to be used. Councilmember Dillard said this product has been used for over 50 years and only one state has had any problems with it. All materials will rot or rust eventually. Roosevelt Johnson, 5077 Thompson, stated that EIFS is a system and asked what the vertical strength of and the water penetrability of their product. Mr. Staffier said this system is not tested to that standard. (vertical strength). He said their product passes the same test as brick regarding water penetrability. Councilmember Longo said the city turned down stucco several years ago. He said the Eastvale area has a mixture of homes and stucco would not stick out in that area, but in another area of the city (where all the homes are brick a stucco home would (stick out). He said he does not support changing the ordinance for one home, but would support granting a variance for this home. Councilmember Henville-Shannon said stucco is not unusual noting that several commercial buildings do have stucco finish. She believes it would be all right for this home, but she is not in favor of changing the entire ordinance. She suggested the homeowner pursue a variance. She expressed concerns about the durability of stucco in this area and the problems with drainage. Councilmember Stanwick asked if Sec. 3 of our ordinance relates to new or remodeled homes. Mr. Persaud said the change would be for both in the SF 1, 2, 3, & 4 districts. Councilmember Stanwick asked if brick and stucco could be mixed and who would pay for training our inspectors in this area. Mr. Persaud advised that brick and stucco could be mixed and said he had not researched costs of training, but stated the city would pay the costs. Councilmember Stanwick asked if the ordinance could be amended to include only new construction. Mr. Hill stated that if there is a rational basis to distinguish between new and existing structures, other than aesthetics, then you could do so. Councilmember Kovatch apologized to the homeowner for the length of time this process is taking. He expressed concerns about this type of system and requested to continue the public hearing to the next meeting when action can be taken. Councilmember Longo asked staff to research what type of material was allowed on a wall that was constructed several years ago. Mayor Watts said this material is more expensive than brick and advised there is one home on Stewart Peninsula that is 70% brick and the front is EIFS. She asked if the city can require the products used to have a 15 year warranty. Mr. Persaud said a warranty could be required and said the question is, does the council want to change the policy. Mayor Watts stated that due to the costs involved, there wouldn't be many homes built with this material. She asked if inspections can be contracted rather that training employees for one home. Rick Keither, 4109 Driscoll expressed concerns about structural integrity and durability and suggested the council stay with brick requirements. Motion to close the public hearing - Stanwick; second - Henville-Shannon. Councilmember Kovatch said he wanted to continue the public hearing so people can give input. Councilmember Stanwick said if anyone wants to give input at the next meeting they could comment during citizen input on that item. Motion carried with all members voting aye except Councilmember Kovatch who voted no. Recess 10:00 p.m. Reconvene 10:15 p.m. 3.2 Consideration of approval of a final plat for the Paige/121 Addition, Lot 3, Block 1 (Budget Suites) Mr. Harry Persaud summarized the history of this property with regard to access to the lots in this area. Mr. Persaud said staff recommends allowing access to lots 1 and 3 from State Hwy. 121. Councilmember Stanwick asked if the city could dictate where access on 121 will be and Mr. Persaud advised we could to some extent. Mr. Persaud recommended approval of the plat with full access and other P&Z stipulations. Councilmember Garcia asked if there will be only one entrance and Mr. Persaud advised there would be one access on lot 4 and one access on the Chevron property. Mr. Persaud again stated that staff recommends full access in and out of the property being a 30' wide drive. Councilmember Garcia asked if there would be another access in the rear of the property from Paige Rd. Mr. Persaud said there would not be another access in the rear except for the cross access easements between lots. Councilmember Garcia recommended allowing an emergency entrance from Paige Rd. at the rear of the property. Mr. Persaud said that is the intention. Councilmember Dillard clarified that staff is recommending in and out access and P&Z recommends "in" only. Mr. Persaud said his preference would have been to allow access to lot 3 or 4, but now we need to allow full access onto lot 3. He said the property owner has certain expectations regarding access due to previous actions of council. Councilmember Kovatch expressed concern about traffic along 121 and asked if allowing this will mean every other lot will expect access. Mr. Persaud said council could give direction for each lot at the time of preliminary plat. Mayor Watts said we do not want the 121 corridor to be full of curb cuts. Motion to approve the final plat as written with all P&Z and staff stipulations - Stanwick, second - I:Ienville--Shannon Councilmember Stanwick then gave direction that the easement be placed in the southwestern comer of lot 3 such that when lot 4 site plan is submitted the access is shared. His intent is that the ability to share that access is available. Mr. Persaud said if staff takes this direction, lot 3 will have to build 15' on their side and wait for lot 4 to build 15' on their side. Councilmember Stanwick clarified that lot 3 should build the full 30' access at the southwestern comer of their lot. Then when lot 4 is built, they can share that access or they can build access at another location, if they desire. Mr. Persaud said the maximum is 30'. He said the lots are individually owned and the property owners have an expectation of access to their property. Councilmember Stanwick asked Mr. Hill if we give lot 3 access now, then when lot 4 comes in the access would already be there. Mr. Hill said if the owners cannot reach an agreement to share this access, then we have to grant them access. Councilmember Stanwick said there is already a cross-access agreement on file. Mr. Persaud said there is not an agreement for mutual access agreement on file. Mayor Watts said the conversation has nothing to do with the motion on the table and asked Councilmember Stanwick wanted to change his motion. Councilmember Stanwick said he understands the final plat stands on its own, but he thinks we need to give staff direction regarding access. Mayor Watts said what council is attempting to do now is take action on the final plat and has nothing to do with the site plan. Mr. Persaud said the council can approve the final plat as recommended but staff does need direction regarding access because the site plan is coming back to them (council) soon. He said he wants to know the direction before it goes to P&Z. Mayor Watts said making a motion and a second does not mean we have to act on that motion. If the motion is seconded then we will discuss it, if it has not, then it dies for lack of a second. Councilmember Henville-Shannon said the motion has been seconded. Mayor Watts repeated that the motion is to approve the final plat as presented with staff and P&Z stipulations. Councilmember Dillard asked if the motion includes in and out access. Councilmember Stanwick said it is his understanding that approving the final plat does not approve access. Mr. Persaud said that is correct, but because this final plat is significantly tied to access, that council needs to approve the final plat with clear direction regarding access because we are moving on with site plan approval. Mr. Persaud said these are now separately owned lots and it is critical that we know where these accesses are going to be. He said if the access had been clearly defined in 1997, then we would not have this discussion tonight. Motion amended to approve the final plat with staff and P&Z stipulations, with the additional stipulation that the 30' access be placed in the southwestern corner of lot 3 - Stanwick. Mr. Persaud asked if the full 30' access will be on lot 3 and if it is intended to give lot 4 access as well. Councilmember Stanwick said it might. Mr. Persaud said if it does not, then regulations would have to be varied because this may tie up lot 4 as to where the access can be. Councilmember Stanwick said if we put the access in the middle, then we lose any possibility for shared access. He said if we put it in the corner, then the potential for shared access exists. He repeated his motion. Amended motion seconded - Henville-Shannon. Mayor Watts repeated the stipulation from P&Z as follows: 1. Site plan and engineering plans to be approved in accordance with city specifications before development occurs. 9 2. Driveway access on SH 121 to be constructed in accordance with city and ----- TxDOT specifications. 3. Reciprocal access easement agreement to be filed with final plat. 4. Additional council stipulation to locate the drive in the southwest comer of lot 3. Councilmember Longo asked the developer to address the council before the vote is taken, expressing concern that approving this motion will adversely affect his plans. Mr. Art Clayton, 3129 Lake Drive, Southlake, Tx. addressed the council stating that he is pleased to get Budget Suites of America in The Colony. The hotel tax revenue is estimated at $350,000 annually. Mr. Clayton explained that the site has a gas line running through the property, which cannot be built on. The office can only be positioned on the southeast quadrant of the property to make the project flow properly. He said the reciprocal agreements are already filed. He showed council how the traffic will flow through their property and adjacent properties. Councilmember Dillard said according to the drawings, the access is needed in the center of the property, not the southwestern comer. Councilmember Kovatch asked Mr. Hill if we can stipulate where access is located on both lots 3 and 4. Mr. Hill said that will be part of the site plan process. Councilmember Kovatch asked if we could give lot 3 their access and request that lot 4 move their access further west to alleviate traffic problems. Mr. Hill said if lot 4 met the requirements then we would have to allow their access although we could encourage them to locate it somewhere else. Mr. Persaud said asking the property owner on lot 3 to move the access further west and moving the lot 4 access will not accomplish the goal of limiting accesses along 121. That goal has moved farther away now that there are 4 property owners. Staff considered all issues and that's why the recommendation is to allow full access. Moving the access does not help in any way. If there was any other way, then staff would have made another recommendation. Mr. Lambert said it looks like the access could be located in the southwest comer. Mr. Clayton said the gas line is not very deep and it is in the southwest corner of the property. Mr. Clayton said they are willing to go along with P&Z and staff stipulations. He said they would appreciate the approval of the final plat with the in and out access and then look at the site plan when it comes to council. Councilmember Stanwick said the original motion was to approve the final plat with P&Z and staff stipulations and asked Mr. Persaud if he wants the access included on the motion or not. Mr. Persaud said he wants the council to included ingress and egress from the site, but not the location of the access. Councilmember Stanwick then amended the motion. Motion to approve the final plat as written with all P&Z and staff stipulations - Stanwick. Councilmember Henville-Shannon said she would amend the second if the developer will look again to see if the access can be moved to the southwest corner. Mr. Clayton said they would research that matter. Motion seconded - Henville-Shannon and carried with all members voting aye. 3.6 Consideration of approval of a proposal from the City of Piano for the provision of water and sewer to the Austin Ranch Development 10 Mr. Lambert reminded the council that there is a special meeting posted for this Thursday to address this matter if they wish to postpone it due to the late hour. Councilmember Henville- Shannon advised that Piano would have their meeting next Tuesday. Mr. Lambert covered 3 areas amended by Piano: 1. The Service Area - 300 acres east of the railroad. (The water tower would only serve that area also). 4 mgd is included. 2. No water tower or ground storage tank will be built in the area. 3. No system interconnection. We need to have this interconnection for emergency situations. Councilmember Longo recommended council rely on the city manager and go in the direction he leads, stating there is no reason to beat this into the ground. Motion to approve, deleting reference to service area and interconnection and changing the venue to Denton County - Kovatch; second - Henville-Shannon Mr. Hill advised the council that he had received a letter from Leroy Grawunder regarding use of the waterworks and sewer bonds previously issued. The letter states that if, in December 1997, the intent was to limit the items, then the use is limited. With regard to the agreement with Plano, Mr. Hill commented as follows: 1. the rate be set per audit 2. The Colony should be treated the same as Piano with regard to rationing 3. PPG 1-C add"orthe provision of water by Plano" 4. PPG 3 - Force Majeure is standard language Councilmember Kovatch restated and clarified his motion as follows: Motion to approve with following stipulations: change definition of service area to be City of The Colony, eliminate section A.2 where interconnection is prohibited, change the venue to Denton County, stipulate the rate shall be adjusted in accordance with an audit, and that the City of The Colony and Piano customers will be treated equally in terms of water rationing and water plan - Kovatch; second - Stanwick Mrs. Lucy Billingsley addressed the request to drop the service area references, stating that is what the deal is and it's always been about this 300 acres. She said the action of dropping this service area reference might torpedo the deal. When this area is fully built out it will use 4 million gallons a day. Mr. Lambert agreed that at build out of this area it would use 4 million gallons a day. He reiterated to the council that even with the stipulations added by Piano, this is a good deal for The Colony. Mr. Henry Billingsley said he has asked Piano many times for this service and they have said no. Now they had said specifically they will provide services east of the railroad. Mr. Billingsley said this is a better deal for them (developer) and the city. Mr. Hill suggested adding to the motion "with final review and approval of the city manager and the city attorney. 11 00694Z Motion amended to add with final review and approval of the city attorney - Kovatch; second - Henville-Shannon. Councilmember Longo called the question. Motion carried with all members voting aye. 3.7 Consideration of approval of an amendment to the Developers Agreement between the City of The Colony and Billingsley Development Corporation Mr. Lambert said the committee met with the Billingsleys to negotiate changes in relation to the Plano water contract. Three issues were addressed: 1. Billingsley will pay ½ of $700,000 up front cost to Plano 2. Letter of credit agreement similar to the parkland dedication 3. First payment for parkland due in January 1999. Money will no be paid by January 31, 1999, the proposed completion date on the water tower. Motion to approve - Dillard; second - Longo Councilmember Henville-Shannon asked that this be contingent on approval of Plano contract. Mr. Hill said that is provided for in the agreement. Motion amended to add this is contingent upon Piano and NTMWD approval to provide water service and wastewater service to the City of The Colony - Dillard; second - Longo. Councilmember Kovatch asked if the service area in this agreement should be the same as the Piano agreement. Mr. Hill suggested amending the wording for PPG 1 regarding security and noted the Billingslcys have also suggested wording for that PPG. Both are in the draf~ because an agreement had not been reached. Mrs. Billingslcy stated that the security wording (letter of credit) mirrors the agreement they have on the parkland dedication. Motion amended to include the language for paragraph 1 provided by the Billingsleys - Dillard; second - Longo. Motion restated as follows: Motion to approve the agreement, contingent upon Piano and NTMWD approval, provide for final approval by city attorney and city manager, include language for paragraph 1 regarding a letter of credit as provided by the Billingsleys - Dillard; second - Longo, carried with all members voting aye. 3.8 Discussion and appropriate action regarding the location of council office and office equipment Motion to adjourn - Kovatch; second - Henville-Shannon. 12 Councilmember Longo said in light of the controversy over this item he would prefer to get it over with. Mayor Watts said there is a motion and a second to adjourn. Motion carried with the following vote: Ayes - Henville-Shannon, Garcia, Kovatch, Watts Noes - Longo, Stanwick, Dillard Mayor Watts adjourned the meeting at 11 :$5 p.m. APPROVED: ATTEST: Patti A. Hicks, TKMC, City Secretary 13