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Home My WebLink About05/05/2008 City Council 0086 21J May 5, 2008 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 5, 2008 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 5th day of May 2008, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Counci1member Counci1member Mayor Pro-tern Councilmember Present Present Present Present Absent 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 Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation for Police Week presented to Chief Joe Clark. Citizen Input- Rita Webster, candidate for Place 5 city council, reminded everyone that early voting ends tomorrow. Henry Price asked council to review a situation where some kids went over the locked fence at the Skate Park to use it and were later cited for it. Alyce Ruffi thanked the council for their support while she served as President of the Seniors Association for the past two years. Announcement of upcoming civic events and activities i-Election Day May 10th I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held April 7, 14, and 21, 2008 (Wilson) 2.2 Consider approving a resolution expressing official intent to reimburse costs of water and sewer infrastructure and expansion of Master Lift Station #1 (Johnston) 2.3 Consider approval of an ordinance amending Section 17 of the Zoning Ordinance regarding site plan approval process (SI08-0003, Bateman) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 008628 May 5, 2008 2.4 Consider approval of an ordinance amending Chapter 12 of the Code of Ordinances to provide for establishing late fees by resolution (Koo) Motion to approve- McCourry; second by Harris; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Receive report, discuss and consider approval of a site plan amendment to allow for building elevation alteration at the northeast corner of South Colony Boulevard and Main St., commonly known as 5000 Main (SP08-0005, Bateman) Donna Bateman reviewed the site plan and noted this request is for an elevation alteration to the front of the commercial/retail building center space between Big Lots and Aarons Rental. Storefront glass and an awning for a portion of that area would be added in two phases in order to accommodate more tenants. Motion to approve- Harris; second by Marshall; motion passed with all ayes. 3.2 Discuss and consider approval of a resolution awarding a bid and authorizing the city manager to execute a construction contract for expansion of Master Lift Station #1 (Maurina) Utilities Superintendant Tod Maurina advised this project is to expand Master Lift Station No.1 from 4.5 million gallons per day to 10 million gallons per day. The additional capacity is needed to serve the Austin Ranch area and the development along the S.H. 121 corridor. The low bidder for the project is Legacy Contracting, L.P. Tod asked council to approve the contract in the amount of $2,342,527 plus a ten percent contingency. Mayor Dillard asked Tod to document the construction with a photographic scrapbook. Councilmember Marshall confirmed with Tod that the SCADA system will be incorporated. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. Council convened executive session at 7:25 p.m. Bob Hager advised they would not be discussing 4.1 B. 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 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. C. 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 John McDonald and Cheryl McDonald and the City of The Colony. 2 008629 May 5, 2008 D. City Council shall convene into a closed executive session pursuant to Section 551.071(2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding a proposed contract with North Texas Municipal Water District and the City of The Colony. E. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding a possible annexation of approximately 259.62 acres of land on Lebanon Road and Boyd Road. Reconvene to Open Session 8:23 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. No action. B. Any action as a result of executive session regarding an agreement with the BilIingsleys and the City of The Colony concerning development of Austin Ranch. Not discussed. C. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. No action. D. Any action as a result of executive session regarding a proposed contract with North Texas Municipal Water District and the City of The Colony. City Attorney Bob Hager made the following statement regarding Executive Session Item 4.1D. "There is no action needed on Items A, C, or E. For Item D. I prepared a proposed motion for your consideration. The current contract (for the Indian Creek Interceptor) with the North Texas Municipal Water District expires at the end of this month. The city needs to continue service until construction is complete on a gravity and force main (constructed by the Billings1eys) with terms similar to the current contract. This contract (Temporary Sewer Service Agreement) appears one-sided due to certain elements of it- escrow, damages, and breach provisions which I feel are excessive. However, there is little or no choice for the city to provide services to the Austin Ranch area regarding a wastewater provider, and we are of the opinion that this is an adhesion contract. Reluctantly, I ask you to consider approving this contract to provide services to the citizens for a two-year period until Mr. Billingsley completes construction of the new sewer lines. I am recommending this with these reservations. This is not 3 OOS6JO May 5, 2008 the best contract but I want to the council and citizens to understand the necessity for it. The cost is not exorbitant and it is only for a two year period." Councilmember Harris made the following motion- Motion to approve a contract with North Texas Municipal Water District to provide wastewater services for the Austin Ranch area of the City of The Colony for a two-year period and authorize the city manager to execute said agreement; motion was seconded by Councilmember Marshall; motion passed with all ayes. E. Any action as a result of executive session regarding a possible annexation of approximately 259.62 acres of land on Lebanon Road and Boyd Road. Not discussed. And with no further business to discuss the meeting was adjourned at 8:30 p.m. APPROVED: J Dillard, Mayor ity of The Colony ATTEST: ,Lli 0dp-~ . stie Wilson, TRMC, City Secretary 4