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HomeMy WebLinkAbout05/15/2006 City Council OORalG May 15,2006 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON May 15, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 15th 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 Absent (Business) Present Present Present Present Present Present And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Joel Watson, Colony Park Church Pledge of Allegiance to the United States Flag- The Colony High School JROTC Salute to the Texas Flag Proclamations - Mayor Pro-tern McCourry read the proclamation for National Police Week and presented it to Capt. Chris Chandler. The Colony High School JROTC was recognized for recent accomplishments by the Mayor Pro-tern reading a proclamation and Lt. Col. Bill White reviewing the awards and individuals who participated in recent competition. Presentation of Senior Citizen's Student Scholarship- Senior Citizen President Alice Ruffe and Past President Sue Walden presented their annual student scholarship to The Colony High School senior Jamie Kahler. Citizen Input- Christi Martin spoke concerning the recent release of a report by the Denton Central Appraisal District regarding home valuations in The Colony. Mike Lynch thanked voters for participating in the recent election. Announcement of upcoming civic events and activities 1_ Mayor Pro-tern McCourry read the Unofficial Tally Results of the election and advised there would be a Special Session May 22nd to canvas the city election. Councilmember Harris said there is a Sail Fair meeting at city hall on Tuesday, May 16t\ that there is an event scheduled for May 215\ the Bow Wow Pow Wow; May 18th Chamber Duckie Dash as well as the Colony High School Black and Gold football game on the same date. City Manager Dale Cheatham advised there is a I I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. OU8017 12.0 2.1 2.2 2.7 May] 5,2006 Comprehensive Plan Public Meeting at Carney Elementary on May 18th, at 6:30 p.m. 2.8 I CONSENT AGENDA Consider approval of minutes of council meeting held May 1,2006 (Wilson) Consider approval of council expenditures for the month of April (Council) Consider approval of an ordinance amending the 2005-2006 fiscal budget to allocate additional funding for the Health Inspector position (SI06-0034, Bateman) Consider approval of a resolution authorizing the city's participation in the Denton County Emergency Management Program (Nolen) I Motion to approve above consent agenda items- Schrag; second by Ward; motion passed with all ayes. Councilmember Harris requested items 2.3, 2.6, 2.9, 2.10 and 2.11 be pulled from the consent agenda for separate discussion. Councilmember Marks asked that items. 2.4 and 2.5 also be pulled. 2.3 Consider approval of the issuance of a permit for a water well on property owned by Wynnwood Peninsula, Ltd. (Scruggs) Citizen Mike Lynch had several questions regarding this item. City engineer Gordon Scruggs replied with the following. The permit application is for one well on this property. He said all requirements have been met; also that this well will have no impact on the city's future well, which is located in a different aquifer. Gordon also advised that the State and the city have certain requirements that must be met before a well can be abandoned. Mayor Pro-tern McCourry asked who will be the owner of the well after the development of the area is complete. Gordon said he will meet with the attorney about it, but he believes it will be the property owners through the homeowners association. Kristian Telecki told the council that the well will be used for the canals and landscaping. I Motion to approve- Schrag; second by Harris; motion passed with all ayes. 2.4 Consider approval of an ordinance amending the 2005-2006 fiscal budget to reallocate funds for the development review contract with Halff Associates as approved by council on May 1 st (Koo) Councilmember Marks asked if this item and 2.5 can be addressed in the same discussion. Mayor Pro-tern gave permission. Marks asked the city manager what the effect of these two items will have on the budget. Dale replied the funds are available in the fund balance, and that no extra tax will be levied. Motion to approve- Marks; second by Harris; motion passed with all ayes. 2.5 Consider approval of an ordinance amending the 2005-2006 fiscal budget to reallocate funds for preparation of a Water Distribution System Specific Study by Freese and Nichols as approved by council on May 1 st (Koo) I 2 OU(3:518 May 15,2006 Motion to approve- Marks; second by Harris; motion passed with all ayes. I 2.6 Consider approval of new positions for a Wastewater Utility Superintendent and a Water Production Maintenance Operator, and an ordinance amending the 2005-2006 fiscal budget to reallocate funding for the positions (Scruggs) Gordon Scruggs explained his reasons for this request, and added that our engineering firm, Freese and Nichols, has also expressed a concern about staffing at our facilities. Council members Harris and Mikulec voiced their concerns and offered some alternatives. Citizen Mike Lynch spoke in opposition to this plan. Considerable discussion followed among council resulting in a motion to table this item. Motion to table until June 5th-Schrag; second by Mikulec; motion passed with all ayes. 2.9 Consider approval of a resolution approving a rate increase for IESI residential solid waste collection (Gilman) Terry Gilman advised the council that this annual rate increase request is allowed by the current contract. He reviewed the recent history of rate increases and fuel surcharges. Discussion followed regarding the CPI and the basis for the request was explained by IESI representative Dick Damine. I Motion to table until June 5th-Harris; second by Mikulec; motion passed with all ayes except for McCourry who voted no. 2.10 Consider approval of a resolution authorizing the city manager to execute a contract with TXU Electric Delivery for the order and installation of five streetlights to be installed along Memorial Drive between South Colony and Trailview Drive, and for eight streetlights to be installed along South Colony between Memorial Drive and S.H. 121 (Eubanks) Public Works Director Steve Eubanks reviewed the Flournoy Developer Agreement that will eventually reimburse the city for the cost of installing these streetlights. He added that the lights will have the proper matching bases. Motion to approve- Harris; second by Marks; motion passed all ayes except for Ward who voted no. 2.11 Consider approval of additional contingency funds for the construction services contract with Layne Christensen Company for repairs at Well Site No.3 (Scruggs) I Gordon Scruggs explained to council that at the last council meeting repairs for Well Site No.3 were approved. The contractors found that more items need to be replaced and the exact cost has not been identified as yet. Councilmember Harris voiced concern that this is not presented as a change order and asked that it be brought back as such at the first meeting in June. Gordon advised that he is concerned that the contractor has other projects and a possible delay III 3 UU8:5_:.;) May is, 2006 completing the repairs. Mayor Pro-tern McCourry asked if a change order could be presented at a special session of council (May 22nd) rather than waiting until June 5th. I Motion to table to the May 22nd special session with a change order- Harris; second by Marks; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Conduct a public hearing and discuss and consider approval of a resolution and a development plan for the Planned Development 18 "PD-18" zoning district. The area is commonly known as Wynnwood Peninsula and is in the northwest portion of the city south of future Lebanon Road. The Development Plan is for a subdivision to be named Tribute (Z06-0004, Bateman). Donna Bateman told the council that PD-18 consists of 421 acres, and according to a 2000 zoning ordinance, will be developed residential and mixed use. She said 1148 single-family properties are planned. She reviewed the signage agreement and conditions for approval. She said that the plan calls for street widths of28', and with narrower streets, there will be no parking on one side. Public hearing was opened at 8:55 p.m. Citizen Mike Lynch referred to the development plan, asking about the various lot sizes and wanted to know the specific locations where no parking will be allowed. Donna advised the entire subdivision will have no parking on one side of the street. She added that two spaces for parking is included on the driveway areas. Public hearing closed at 9:00 p.m. I Motion to approve as recommended by P&Z and as presented by staff- Harris; second by Mikulec; motion passed with all ayes. 3.2 Discuss and consider possible nomination of a local elected official to the North Central Texas Council of Governments 2006-2007 Executive Board (Council) Bob Hager explained the nature of this item and added that council could nominate someone if they so choose. Perry Schrag nominated Joe McCourry, and Scott Ward nominated Mike Simpson. Neither received a second. Joel Marks nominated Allen Harris since he is already the city's representative to COG. Motion to nominate Allen Harris- Mikulec; second by Marks; motion passed with all ayes exceptfor Ward who voted no. 14.0 4.1 I EXECUTIVE SESSION 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. I Not held. 4 008~20 May 15,2006 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 No action. And with no further business to discuss the meeting was adjourned at 900 p.m. APPROVED: ATTEST: (!1V>Ad~ jJ~ Christie Wilson, TRMC, City Secretary I I 5