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Home My WebLink About06/06/2005 City Council June 6, 2005 MINUTES OF REGULAR SESSION OF COUNCIL OU8170 HELD ON I JUNE 6, 2005 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:08 p.m. on the 6th day of June 2005, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Councilmember Present Scott Ward Councilmember Present Joe McCourry Mayor Pro-tem Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with seven council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Joyce Fulco, First United Methodist Church I Pledge of Allegiance to the United States Flag Salute to the 1 exas Flag Citizen Input- Toney Reese, Gene Brown, and Robert Sampson all spoke regarding playing poker at the Senior Center. City officials recently notified the Seniors to cease this activity and these three speaker spoke in favor of the activity. Mr. Brown added that the Senior Center needs a stove, and that the roof and electrical need work. Doug Townzen addressed the council about a drainage problem on his street. He said that he pumps water off the street in front of his house in order not to walk through it getting out of his car. Mike Lynch reminded council that it is the anniversary of D-Day. Announcement of upcoming civic events and activities 1_ Mayor Dillard recognized new council member Kirk Mikulec, and City Manager Dale Cheatham introduced the city's new Development Services Director Donna Bateman. 12.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held May 16th and 17th, 2005 (Wilson) 2.2 Consider approval of a resolution authorizing the city manager to sign an Interlocal Agreement with Denton County for tax collection services (Koo) I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items, 1 June 6, 2005 OU817,'J 2.3 Consider approval of a resolution authorizing the city manager to sign a Consent to Encumbrance of Lease regarding Blue Sky Sports Center loan refinancing (Nelson) Motion to approve the above consent agenda items- McCourry; second by Marks,. motion passed with all ayes. 13.0 I REGULAR AGENDA ITEMS I 3.1 Public hearing, and discuss and consider approval of a request for a Specific Use Permit to allow for auto parts and accessory sales in a Firestone Tire Store located within a business park zoning district on the north side of S.H. 121, west of Paige Road, and east of Blair Oaks (Odell) City planner Lauren Odell reviewed the site plan for the Firestone Tire Store stating that there is one curb cut on S.H. 121, that the parking and landscaping exceeds the city requirements and that there was no input from letters sent to surrounding property owners within 200'. Mayor Dillard opened the public hearing at 7:27 p.m. Mike Lynch told the council that inspections of new businesses need to be done after construction is complete to measure the parking spaces. Public hearing was closed at 7:28 p.m. Councilmember Marks asked if the frontage road connects to Goody Goody Liquor. Jeremy Yee, engineer representing the developer, stated they are not able to connect the frontage road because the liquor store blocks the easement area. He added that there will be mutual access to the west for future development. He also said that approval needs to be made at this meeting because their contract with the property owner ends next month. Councilmember Mikulec stated the petitioner has met all code requirements and asked the city attorney if the SUP can be denied because of issues with the Goody Goody Liquor Store. Mr. Hager advised that council has the discretion to approve or disapprove based on the merits of this project only. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.2 Public hearing, and discuss and consider approval of a request for a Specific Use Permit to allow for alcohol sales located within a shopping center zoning district located at 4649 South Colony Blvd., Suite 300, on the northwest corner of Main St. and South Colony Blvd. (Odell) Lauren Odell reviewed the floor plan for this restaurant and added that fifteen notices were mailed to surrounding property owners with only one response in favor. She said that SUPs have been approved for this building on five previous occaSIOns. Mayor Dillard opened the public hearing at 7:40 p.m. Mike Lynch commented about the applicant not being present at this meeting. Public hearing was closed at 7:41 p.m. 2 -" ___'~-""'-.c'''_._.----:-._._ June 6, 2005 OU81? Motiolt to approve- Harris,. second by Marks; motion passed with all ayes. I 3.3 Discuss and consider approval of a site plan for Main Street Marketplace Phase Two on a 1.148 acre tract in the T. Wilson Survey located at the northeast corner of Memorial Drive and Main St. (Odell) Lauren Odell reviewed the site plan for this facility. She said that the fire lanes are approved, parking is adequate and that no additional curb cuts will be made. Motion to approve with P&Z stipulations- Schrag; second by McCourry; motion passed with all ayes. 3.4 Discuss and consider approval of a site plan for Phase Two of the School Bus Maintenance and Fueling facility for the Lewisville Independence School District on a 12.536 acre tract in the T. Wilson Survey located at the southwest corner of Cougar Alley and Nowlin Drive (Odell) Lauren Odell stated this is the second phase of a bus facility for LISD on 12.5 acres along Cougar Alley. She said there will be two curb cuts on Cougar Alley and that parking on the site will be for employees only. Landscaping exceeds the city's requirements, and the fire marshal has approved fire lanes and hydrants. Fencing around the site includes wrought iron along Cougar Alley with the remaining fence being chain link. She stated there will be a ten-thousand gallon I above ground diesel fuel tank. Councilmember Marks asked whether there is a containment system and who monitors the audible alarm for the fuel tank. Mark Roth representing LISD advised there is a containment system and that he will try to get the alarm incorporated into the computer system for monitoring. He added that the safety measures meet all federal and state regulations, however, LISD has had no issues with their fuel tanks. Mayor Dillard read aloud the specifications for the fuel tank. Discussion followed regarding potential run-off into Office Creek. Mr. Roth advised all drainage is away from Office Creek and a capture system will be in place. It was noted that maintenance planned for this facility includes oil and tire changes, and that the spare tires will be housed indoors. Councilmember Harris questioned whether this facility is a Durham Transportation facility and confirmed that it is an LISD facility. Citizen Mike Lynch asked whether there is an EP A ruling for the fuel tank to have a berm around it. He said that there is no capture system included in the drawings and that the city needs to get that in writing. I City Attorney Bob Hager advised the council that two things need to be added to the site plan requirements. First, a statement that the above ground fuel tank is in compliance with TCEQ and EP A requirements, and second, that a capture system be included for both facilities. 3 June 6, 2005 OU817:) Councilmember Schrag recommended that council table this until the next meeting to ensure the additional verbiage is added. Motion to table to add additional stipulation- Harris,. second by Schrag,. motion passed with all ayes. 3.5 Election of Mayor Pro-tem and Deputy Mayor Pro-tem (Dillard) Councilmember Marks nominated Perry Schrag for Mayor Pro-tem and Councilmember Harris nominated Joe McCourry. Vote is as follows: Vote for Schrag- Marks, Schrag, Dillard Vote for McCourry- Mikulec, McCourry, Ward, Harris Councilmember Ward nominated Allen Harris for Deputy Mayor Pro-tem. Councilmember Marks nominated Kirk Mikulec. Mr. Mikulec declined the nomination. Councilmember Mikulec nominated Perry Schrag. Councilmember Harris addressed the council on his own behalf stating his qualifications, participation on committees, etc. and his availability. Councilmember Schrag also addressed the council on his own behalf. He pointed out that even though he travels, as does Mr. Harris, he has been available for most meetings. Vote is as follows: Vote for Schrag- Marks, Schrag, Mikulec, Dillard Vote for Harris- McCourry, Ward, Harris Mayor Dillard congratulated Mayor Pro-tern McCourry and Deputy Mayor Pro- tem Schrag. 3.6 Discuss and consider a resolution authorizing the city manager to sign a construction contract for the Wynnwood Pump Station and ground storage tank (Scruggs) City engineer Gordon Scruggs told the council that this project is the first of five projects for Wynnwood water and wastewater services. The project consists of constructing a one million gallon storagt' tank, pump station, and a ten thousand gallon hydropneumatic tank. It also includes two alternates. One is for architectural treatment additions to the ground storage tank and the second is for the transportation of water to the work site for construction use. Citizen Mike Lynch asked why this contractor is 50% off of the other bidders in some categories. He voiced his concern over having a developer agreement at this time. Councilmember Harris asked Gordon to find out about the price differences. Engineer Cole Webb with Kimley-Horn told the council that it is not a concern as to how the bidders organize their pricing. Kirk Mikulec asked Gordon to provide some information on change orders. Gordon said that this is a clean site and they don't anticipate more than five percent in changes. He also said that he is pleased with Gracon Construction on anther project. He did state 4 --- --- - June 6, 2005 00817d that there could be something unforeseen. For example, the placement of old lines underground may not be where expected. Tony Johnston added that change I orders are negotiated with the contractors and anything less than twenty-five thousand is reviewed with the city manager. Perry Schrag asked when Wynnwood should start developing. Dale Cheatham advised that the target is June 2006 for the city and the developer. He added that the ten-year rebate period starts next summer so it will be to the benefit of the developer to more forward promptly. Motion to approve the contract and include the two alternates and contingency for a total not to exceed $3,591,000- Ward; second by Marks; motion passed with all ayes exceptfor Harris who voted no. I 4.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into closed executive session pursuant to Section 551.071 of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. B. Council shall convene into closed executive session pursuant to Section 551.071(a) of the TEXAS LOCAL GOVERNMENT CODE concerning contemplated litigation involving Mario Sinacola & Sons Excavating, Inc.'s construction of public streets in the Northshore and the Cedars subdivisions I in the City of The Colony. C. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney regarding a personnel matter to wit: Municipal Court Judge. D. The City Council shall convene into closed executive sessions pursuant to ~ 551.071(2) of the TEXAS LOCAL GOVERNMENT CODE to consult with the City Attorney to seek legal advise concerning a contract between the City of The Colony and Billingsley Corporation regarding the development of Austin Ranch. Council convened into Executive Session at 8:33 p.m. Reconvened to Open Session at 10:00 p.m. 4.2 A. Any action as a result of executive session regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. This item not addressed. B. Any action as a result of executive session regarding contemplated I litigation with Mario Sinacola & Sons Excavating. Motion to authorize the city attorney to pursue legal action against Mario Sinacola & Sons- McCourry; second by Marks; motion passed with all ayes. S 008i (::! -'- )~, June 6, 2005 C. Any action as a result of executive session regarding Municipal Court Judge. No action on this item. D. Any action as a result of executive session regarding a contract between the city and the Billingsley Corporation regarding the development of Austin Ranch. Motion to obtain a second opinion regarding the developer agreement for Austin Ranch- Schrag,. second by McCourry; motion passed with all ayes. And with no further business to address the meeting was adjourned at 10:02 p.m. APPROVED: ATTEST: (l ~i~ IA)4,,~ Christie Wilson, TRMC, City Secretary -...-- 6