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HomeMy WebLinkAbout04/16/2007 City Council "~' ,f' rr-' ~ , _ --.. /~; ;:) () April 16, 2007 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 16, 2007 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 16th day of April, 2007, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allan Harris John Marshall Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Councilmember Councilmember Mayor Pro-tem Councilmember Present Present Present Present Present Present (Arrived at 7:07 p.m.) Absent And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input - Seventeen citizens spoke regarding the Shoreline Trail project. Resident concerns included trail maintenance/staffing costs, lack of parking, litter, drainage, impact on the area wildlife, possible disturbance issues, and safety Issues. Announcement of upcoming civic events and activities 1 - Mayor Dillard announced The Colony High School girls' soccer team had won their first State Championship. Mayor Dillard stated a proclamation would be presented at a future meeting. I CONSENT AGENDA Consider approval of minutes of council meeting held April 2, 2007 (Wilson) I 2.0 2.1 2.2 Consider approval of council expenditures for March, 2007 (Council) 2.3 Consider approval upon second reading of an ordinance amending Section 19-10 of the Code of Ordinances to add a 40 mph speed limit on Lebanon Road (Eubanks) 2.4 Consider approval of a resolution authorizing the City Manager to execute a Release and Indemnity Encroachment Agreement with Atmos Energy I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. . L <,.\);J April 16, 2007 allowing use of their easement for the expansion of the parking lot north of Hawaiian Falls (Nelson) Councilmember McCourry asked that item 2.5 be pulled for discussion and that item 3.1 be discussed first. Motion to approve above consent agenda items- Harris; second by Schrag; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS 3.1 Presentation and discussion from Jackson-Shaw to update the city council on the Cascades development (Terrall) Tom Terrell, Economic Development Director, introduced Demian Salman, Vice President of Regional Development for Jacksen-Shaw. Demian presented council with an update on the Cascades Development. Demian stated six buildings were currently under construction, and that two hotels were also planned. Construction on the hotels, a Marriot Fairfield Inn and a Marriott Residence Inn, will begin in June. Demian told council two restaurant pads were available but had not yet been secured. The roads are completed and landscaping is being installed. An investment for a park which will be located within the development has been secured through private funding. Councilmembers Harris and McCourry asked if any retail or business tenants had been secured for the area. Demian stated none at this time. (Item 2.5 was moved from the consent agenda to the regular agenda) 2.5 Consider issuance of a permit for a second water well located on the property owned by Wynn wood Peninsula, Ltd. as recorded in the Denton County Clerk's Real Property Records as Instrument Number 2006-43169 (Scruggs) Councilmember McCourry requested an executive session for this item. At 7:51 p.m. council convened into executive session. At 8:27 p.m. council reconvened into open session. Gordon Scruggs, City Engineer, stated the proposed well would be used for irrigation purposes or as a pond for make up water. Gordon also said this well would be used to irrigate the proposed second golf course at Wynnwood. Councilmember McCourry made a motion to postpone this item until the May 1h city council meeting in order to gain further information from the developer. Motion was seconded by Schrag; motion passed with all ayes. Bob Hagar, City Attorney, stated any questions from council needed to be sent through Dale Cheatham, City Manager. 2 l...(;~JU April 16, 2007 3.2 Discuss, provide direction to staff and take appropriate action regarding refinancing of the General Obligation Refunding Bonds Series 1998 (Koo) Rebecca Koo, Finance Director, presented council with a background into the payment structure for the General Obligation Refunding Bonds Series 1998. Rebecca prepared two scenarios along with repayment plans for council to consider based on either a lO-year or a 21-year schedule. Boyd London with First Southwest Company was also present to answer questions from the council. Dale told council that refinancing could not be done until November 2007, but information regarding any type of refinancing was needed for budget planning purposes. After much discussion, council instructed staff to refinance based on the 10-year schedule. 3.3 Discuss and consider approval of a resolution authorizing the acceptance of a bid for the annual purchase of sludge dewatering chemicals'(polymer) from Nalco Company as approved in the 2006/2007 budget (Sparkman) Bob Sparkman, Purchasing Agent, stated that as part of the bidding process, staff conducted performance trials on products supplied by vendors that responded to the bid invitation. Results of the performance trials indicated Nalco Company provided the most cost effective product. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the city manager to enter into an Economic Development Funding Agreement with The Colony Community Development Corporation for funding of the Hawaiian Falls Water Park parking lot expansion (Nelson) Pam Nelson, Parks and Recreation Director, stated the Community Development Corporation agreed to reimburse the city for the expansion of the parking lot north of Hawaiian Falls. Pam also informed council that, if approved, a budget amendment would also be requested at a future meeting. Bob Hager clarified that this agreement is for a grant, not a loan. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing the city manager to enter into a Facilities Development Agreement with Harvest Family Entertainment, LP to construct additional parking spaces for the Hawaiian Falls Water Park, and authorize the opening of the water park on or after May 1, 2007 prior to the completion of the parking lot expansion which will occur not later than August 1,2007 (Nelson) Pam passed out copies of a revised Facilities Development Agreement to Council. She stated Bob had seen the agreement and approved the changes. She informed council the parking lot expansion will not be completed prior to the park opening for this season and that Hawaiian Falls has requested authorization to open without the expansion being complete. 3 . d' (" "uq...JJ. April 16, 2007 Motion to approve the Facilities Development Agreement, to construct additional parking spaces, and authorize the opening of the waterpark for this season before the parking lot completion- Harris; second by McCourry; motion passed with all ayes. 3.6 Discuss and consider approval of a resolution authorizing the city manager to enter into an Amendment to the Water Park Groundlease and Operating Agreement with CNL Income Partners, LP to increase the percentage of gross sales paid to the City (Nelson) Pam passed out copies of a revised Water Park Groundlease and Operating Agreement. She stated Bob had seen the agreement and approved the changes. Pam presented council with information regarding the increase in the percentage of gross sales to be paid to the City by .25 percent. This woul<P allow the city to recoup some of the costs associated with the expansion of the Hawaiian Falls parking lot. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.7 Discuss and consider approval of a resolution authorizing the city manager to enter into an engineering services contract with Freese and Nichols, Inc. for a lift stations inventory and limited condition assessment (Scruggs) Gordon stated the report will evaluate six of the city's nine lift stations. This would include four facilities on Stewart Peninsula, one at Ridgepointe, and one in the northeastern corner of the city. The other three facilities, Wynnwood, Stewart Creek, and Master Lift Station #1, would not be included in the evaluation. The Wynnwood facility is new, the Stewart Creek plant has just been upgraded, and the Master Lift Station already has a contract for review. Gordon said the results will be used for future Capital Improvement Planning purposes. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. Executive Session be~an at 8:56 p.m. 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 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 a closed executive session pursuant to Section 551.071 and Section 551.072 of the TEXAS GOVERNMENT CODE to consult with the city attorney and deliberate the purchase exchange, lease, or value of real property located west of F.M. 423/Main Street. 4 ,_,'u ,1 G 2 April 16, 2007 Reconvene to Open Session at 9:34 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. Motion to authorize the city attorney to file necessary appeal in cause titled City of The Colony vs NTMWD, et al in the 362"d District Court of Denton County- Harris; second by McCourry; motion passed with all ayes. (Councilmember Mikulec did not vote as he was not present at the dais at this time. ) B. Any action as a result of executive session regarding the purchase exchange, lease, or value of real property located west of F.M. 423/Main Street. No action. And with no further business to discuss the meeting was adjourned at 9:40 p.m. APPROVED: Dillard, Mayor of The Colony, Texas ATTEST: CU.J W;J2~~ Christie Wilson, TRMC, City Secretary 5