The URL can be used to link to this page

Home My WebLink About05/07/2001 City Council5/07/2001 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 7, 2001 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 7th day of May, 2001, at City Hall with the following roll call: William W. Manning, Mayor Present John Gordon, Councilmember Present Lewis Jue, Councilmember Present David Stanwick, Councilmember Absent (Personal) A1 Garcia, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with six present, a quorum was established and the following items were addressed: 1.0 [ ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I Call to Order Invocation - John Fowler, Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Proclamation: Public Service Recognition Week - Mayor Manning read the proclamation which was presented to Margaret Burkett, Human Resources Director. Recognition of Employee of the Year - Buck Buchheister was named Employee of the Year. Margaret Burkett, gave special thanks to the selection committee that reviewed the nominations. 1.1 Citizen Input Lewis Jue, 5817 Spring Hollow Drive, expressed thanks to Mayor Manning for his leadership, civic service, dedication to the city, and said he had enjoyed serving with him. 12.0 I CONSENT AGENDA I Council member Gordon pulled item 2.3 from the consent agenda. Mayor Pro Tem Dillard pulled item 2.5 from the agenda. 2.1 Consideration of approval of the minutes of the council meeting held April 16, 2001 Motion to approve - Dillard, second - Kovatch, carried with all ayes. 2.2 Consideration of a resolution authorizing the mayor to execute an Economic Development Incentive Agreement with The Colony Economic Development Corporation and The Golden Corral Restaurant Motion to approve -Dillard, second - Kovatch, carried with all ayes 2.4 Consideration of acceptance and awarding of proposal for delinquent tax collection to McCreary, Veselka, Bragg, and Allen, P.C. as recommended by staff and the council appointed committee and approval of an ordinance authorizing contract for same Motion to approve -Dillard, second - Kovatch, carried with all ayes 00750,: 5/07/2001 2.3 Consideration of authorizing a change order on the contract with BCI Utility Construction, extending the time by 105 calendar days. Abel Saldana, City Engineer explained the change order was necessary due to the excessive amount of wet weather, and loss of laborers. He also stated he believes the contractor is proceeding as fast as he can, and feels that the contractor is diligent in his attempt to accomplish the project. Motion to approve -Gordon, second- Garcia, carried with all ayes. 2.5 Consideration of authorizing an amendment to the contract with I.E.S.I. for residential solid waste collection. Mr. John Gusterson of I.E.S.I. stated there would be no increase in the price for the next year "I will commit to you tonight, that will include fuel surcharges, or landfill increases or any charges of any type". He went on to say that he anticipated the opportunity for a potential increase would be June 2001. Motion to approve -Dillard, Councilman Jue asked why the City had not bid the service. Ken Leverich, Public Works Director responded the contract had been written to allow an extension without re-bidding. Second- Kovatch, carried with all ayes. 13.0 I REGULAR AGENDA: I 3.4 Consideration of a resolution authorizing the city manager to execute an Economic Development Agreement between the City of The Colony and Wynnwood Peninsula, Ltd. Mayor Manning recused himself from the meeting at 7:25 p.m. Mayor Pro Tern John Dillard then presided over the meeting. Tony Johnston, Assistant City Manager explained that there were two slight adjustments to the original agreement. 1. Instead of having an abatement it will now be a rebatement, still keeping the eleven cents on the dollar. 2. This was a ten year agreement, but due to weather delays the agreement dates will be moved forward to January 2002 thru December 2012. No additional items have been added to the original agreement; keeping in the same spirit of the original agreement. One acre of land has been set aside for a Fire Station, and the developer will be responsible for all the infrastructure in that area. Council member Kovatch said he would be happy to support the resolution if the original time frame of the agreement was maintained, as he thought moving the agreement time frame forward would result in lost revenue for the City. He said he thought the cost of the delay should be born by the developers, not the City residents. Motion to approve, with the stipulation that the original ten year time frame remain the same.- Kovatch. Motion failed, for lack of a second. Motion to approve - Gordon, second-Jue. Ayes-Gordon, Jue, Garcia, Dillard. Nays-Kovatch. Absent - Manning. Motion carried. Mayor Manning returned to the meeting at 7:45 p.m. 3.1 Public Hearing regarding an application for a zoning change requesting to amend Planned Development "PD-14" zoning district classification to allow for an eighteen (18) feet front yard setback for Lots 18-47, Block K, Legend Trails Phase III, a 21.83 acre tract situated east of Paige Road, north of Worley Drive and south of South Colony Blvd. and consideration of approval of an ordinance granting the zoning change. Mayor Manning opened the Public Hearing. Harry Persaud, Director of Planning gave an overview of the requested zoning change. Mr. Rob Cameron of Legacy Homes spoke in favor of 00750o 5/07/2001 the zoning change. Mayor Pro Tem Dillard asked Mr. Cameron what size homes he was planning on building on these lots. Mr. Cameron said 1,600 - 3,000 square feet, and stated that building the larger homes would increase revenue for the City. Mayor Manning requested that the ordinance be changed to specify that the minimum house size be no less than 1,600 square feet. Mayor Manning closed the public hearing. Motion to approve with the stipulation that the minimum home size be 1,600 square feet within Parcel C - Kovatch, Second- Dillard. Motion carried with all ayes. 3.2 Consideration of a resolution authorizing the city manager to execute a participation agreement by and among the City of The Colony, JNC Properties, Inc. and BCI Utility Construction, Inc. regarding construction of Phase 1 Office Creek Channel Improvement. Tony Johnston, Assistant City Manager gave an overview of the participation agreement. Mr. Johnston stated a slight change to the agreement was needed as the agreement reflected a one year maintenance bond, and it should read a two year maintenance bond. All parties concerned have been notified of this, and all parties are in agreement with the change. Motion to approve- Dillard, second- Gordon. Motion carried with all ayes. 3.3 Consideration of a resolution authorizing the city manager to execute an Interlocal agreement with the City of Carrollton for the provision of temporary water services to the Pizza Inn construction site. Patti Hicks, Interim City Manager stated she did not want to do anything to delay the Pizza Inn construction. The Colony will be billed by the City of Carrollton, and then the City of The Colony will be reimbursed. Motion to approve- Garcia, Second- Kovatch. Motion carried with all ayes. 3.5 Consideration of nominating a member of council or staff to serve on the North Central Texas Council of Governments Executive Board. Council member Kovatch stated that the COG had changed its' rules, and the person serving on the Executive Board must be an elected official. No one on the City Council volunteered to serve on this board. Consensus of Council was to not make a nomination. 3.6 Discussion and appropriate action regarding changing the first council meeting in June 2001 to allow council participation in the North Texas Commercial Association of Realtors Golf Tournament to be held in The Colony and co-sponsored by The Colony Economic Development Corporation. Mr. Tom Terrill, Director of the Economic Development Corporation stated that he had tried to secure alternative dates for this event, so as not to conflict with City Council meetings, but that had not been possible. Mayor Manning said that the charter requires the Council to meet only once a month, but does not specify when. Motion to approve canceling the first meeting in June 2001, with the stipulation that if staff and the Mayor believe a meeting is necessary a special meeting will be called - Kovatch, Second- Dillard. Motion carried with all ayes. 4.0 CITY MANAGER AND STAFF REPORTS I 4.1 Monthly Update on 1999 Thoroughfare Bond Program Ken Leverich, Director of Public Works and Abel Saldana, City Engineer gave a briefing of the progress which has been made on this program. Photographs of streets that had been completed or 90-95% completed were presented to the Council. Tony Johnston, Assistant City Manager informed the Council and Citizens of the upcoming Town Hall Meeting, scheduled for Thursday, 00750- 5/07/2001 May l0th 7p.m. at City Hall to provide information to the citizens about the upcoming street repairs, and how traffic will be controlled during this construction period. With no further business to address, Mayor Manning adjourned the meeting at 8:25 p.m. APPROVED: ATTEST: ~>[m Dillard, M~0r~o T~m Pamela J. Russell, TRMC, Deputy City Secretary