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Home My WebLink About05/01/2006 City Council May 1, 2006 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 1,2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 1st day of May 2006, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris Scott Ward Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Mayor Pro-tern Councilmember Councilmember Councilmember Present Present Absent (business) Present Absent (business) Absent (business) Present And with four council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Allen Harris Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation - Mayor Dillard presented the Building Safety Week proclamation to Planning Director Donna Bateman & The Ladies Crochet Group of The Colony Senior Center had several members present to accept their proclamation. Citizen Input- Jeff Connelly, candidate for Place 2, encouraged voters to vote during the early voting period. Christi Martin of the Lakeside Community Theater made an announcement that their next production is in progress, and they are in need of volunteers and materials for the set. Joyce Fulco stated that the median on Blair Oaks Court has never been replanted after the city removed the dead bushes, and asked that it be done or to let the area residents do it. Amy Manual spoke promoting "Bake Sales for Body Armor", which is a group raising money to purchase body armor for military personnel in Iraq and Afghanistan. Announcement of upcoming civic events and activities 1_ Councilmember Harris, who is a board member for the Lewisville Education Foundation, presented his personal scholarship to a local student, Andrew Hill. He added that the Foundation recently awarded 138 scholarships to area students. Mr. Harris also announced Kids Chase By The Lake, which is scheduled for Saturday May 6th at I I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. [ 2.0 2.1 May 1, 2006 Stewart Creek Park. Mayor Dillard reviewed the early voting dates and times for the city council and LISD board member election. I 2.2 I CONSENT AGENDA Consider approval of (Denton) Consider approval of a resolution suspending the May 30, 2006 effective date for Atmos Energy GRIP rate adjustments (Sparkman) Consider approval of an ordinance amending Chapter 17, Article III of the Code of Ordinances concerning dormant projects (SI06-0026, Bateman) Consider approval of a resolution adopting amended By-laws of the Economic Development Corporation (Terrall) Consider approval of a resolution adopting the restated Articles of Incorporation of the Economic Development Corporation (Terrall) Consider approval of a request from KB Homes at the Cascades to pay fees in lieu of land as required by the city's Park Dedication ordinance (Nelson)\ I minutes of council meeting held April 17, 2006 2.3 2.4 2.5 2.6 Motion to approve above consent agenda items- Marks; second by McCourry; motion passed with all ayes. Councilmember McCourrv asked that item 2.7 be removed from the consent agenda for separate discussion. 2.7 Consider approval of a ground lease agreement with the City of The Colony and Texas Capital Bank to secure a loan made by the developer of Wynnwood Peninsula (Johnston) I Councilmember McCourry asked for Tony Johnston to explain this item. Tony advised that Matthews Southwest is borrowing funds from Texas Capital Bank for infrastructure on Wynnwood Peninsula to build a golf course, marina and other facilities on the property. The city leases the land from the Corps of Engineers, and therefore is the landlord for Matthews Southwest, the developer of the property. This agreement allows Texas Capital Bank to work directly with the city in the event that Matthews Southwest defaults on their loan. The city has no financial obligations in relation to this agreement. Motion to approve- McCourry; second by Marks; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.2 Conduct a public hearing and discuss and consider approval of a resolution revoking outdated deed restrictions on the Wynnwood Peninsula property (Odell/Johnston) (Mayor Dillard moved item 3.2 up in the agenda.) Tony Johnston advised that the city had some deed restrictions from 1988 that have since been taken care of through various planning documents. Since the restrictions are no longer applicable, Tony is asking the council to approve revoking them. I 2 I May 1, 2006 Mayor Dillard opened the public hearing at 7:31 p.m. City attorney Bob Hager reviewed with the council the background and current situation. Public hearing was closed at 7:35 p.m. Motion to approve- McCourry; second by Harris; motion passed with all ayes. Bob Hager told the council that a certified copy of the resolution will be sent to Denton County to release the restrictions. 3.1 Conduct a public hearing and discuss and consider approval of an ordinance adopting a new gas rate and ordering Atmos Energy to reduce their existing rates (Sparkman) Bob Sparkman told the council that the Steering Committee has determined that Atmos Energy rates are too high, and that this ordinance is in support of a reduction. Public hearing opened and closed at 7:40 p.m. with no one wishing to speak. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.3 Consider approval of a resolution authorizing the city manager to sign an engineering services contract with Halff Associates for the review of developer's construction plans (Scruggs) I Gordon Scruggs reviewed the basis for this request. He said the city has had several small contracts with Halff Associates to help review plans and would like to do one contract covering the remainder of this budget year. The engineer will be working at city hall one day per week under this agreement to attend DRC meetings and review plans. Motion to approve through September 30, 2006- Harris; second by Marks; motion passed with all ayes. 3.4 Consider approval of a resolution authorizing the city manager to sign a construction contract with Layne Christensen Company for repairs at Well Site No.3 (Scruggs) Gordon Scruggs said that there are some leaks in the casings at Well Site No.3 on North Colony Boulevard that allow water from a higher water zone to migrate into the well and raise the total dissolved solids and sulfate content in the water. This contract is for the first phase of suggested repairs that need to be done and will correct the problem, putting the well back into service for the summer season. Councilmember McCourry suggested that the city look at an ASR option in the future for this well site. I Motion to approve- McCourry; second by Harris; motion passed with all ayes. 3 May 1, 2006 3.5 Consider approval of a resolution authorizing the city manager to sign an engineering services contract with Freese and Nichols, Inc. for preparation of a Water Distribution System Specific Study to Meet the Stage 2 Disinfection By-Products Rule (Scruggs) Gordon Scruggs said the Environmental Protection Agency is requiring cities to implement a more stringent water quality monitoring plan. City staff is recommending this contract to prepare a Water Distribution System Specific Study to comply with the new regulations. Mayor Dillard confirmed with Gordon that this is an unfunded mandate. Councilmember Harris asked if other firms were considered for this project. Gordon said that Freese and Nichols are the front-runners in the areas of experience and testing. Tony Johnston added that this firm does very good work on water and sewer projects. I Motion to approve- Harris; second by Marks; motion passed with all ayes. I 4.0 I EXECUTIVE SESSION 4.1 A. Council shall convene into a 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. 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. I Executive Session was not convened. And with no further business to discuss the meeting was adjourned at 7:57 p.m. APPROVED: ATTEST: r2Ld~iu~ Christie Wilson, TRMC, City Secretary I 4