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Home My WebLink About05/04/2009 City Council May 4, 2009 008-Se MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MAY 4, 2009 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 4th day of May 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Mayor Pro-Tem Present John Marshall Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Councilmember Absent Perry Schrag Councilmember Present Joel Marks Councilmember Present (arrived 7:10) And with five council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Horizon's Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation of 2008 Texas Book Festival Grant to The Colony Public Library- Library Director Joan Sveinsson announced that the city received at grant for $2,500. She recognized Jean Snyder who wrote the application. Proclamations - Mayor Dillard read the Motorcycle Awareness Month proclamation. He presented the Police Week proclamation to Captain Chris Chandler, and the National Safe Boating Week proclamation to United States Coast Guard Auxiliary member Kenneth Morris. Citizen Input- Mayoral candidate Joe McCourry reminded the council of the remaining opportunities to vote. Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Mayor Dillard read election information for May 9 b. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held April 20, 2009 (Wilson) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 00S'is:_ May 4, 2009 Motion to approve- Marshall, second by Connelly; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 3.1 Discuss and consider approval of a resolution authorizing the city manager to execute a construction services contract for reconstruction of the Phase IIIC residential streets (Scruggs) City Engineer Gordon Scruggs told the council that this project involves the reconstruction of portions of Aztec Drive and Branch Hollow Drive. The project also includes, new water and wastewater infrastructure, and storm drainage. Staff recommends awarding the project to low bidder RKM Utility Services for $980,000, which includes contingency. An additional $8,900 will be required for street lights. Gordon added that the bid came in twenty-two percent under the preliminary budget. Due to having schools nearby, the work will be started as after school is out for the summer. The streets will be not be completely closed but converted to one-way traffic during construction. Discussion followed with regard to the amount of contingency that is included. Gordon advised that is figured relative to the size of the project; in this case it is approximately ten percent. City Manager Dale Cheatham added that many city projects are finished without need to use full contingencies. Motion to approve as presented- Connelly; second by Marshall; motion passed with all ayes. 3.2 Discuss and consider approval of a resolution authorizing the city manager to execute a construction services contract for a new Water Well #4 at Office Creek Pump Station (Maurina) Utilities Director Tod Marina stated this project of part of the city's Water Master Plan, and the Texas Water Development Board Region C Planning. The project is similar to Water Well #3. Tod stated staff decided to use a multiple vendor approach in order to see if any savings could be realized. Bid submittals were for the drilling and the pumping equipment separately. He asked council to award the drilling portion of the bid to Henkle Drilling and Supply, and stated he would like to re-bid the pumping equipment because he believes there will be a savings. Following discussion of the cost savings, Councilmember Connelly asked if the cost of the pumping equipment could increase if delayed. Tod replied that he does not expect that. Motion to approve- Marshall; second by Schrag; motion passed with all ayes. 3.3 Discuss, consider, and provide direction to staff regarding a possible forensic/financial audit of economic development and incentive agreements, facility agreements, and developer agreements regarding municipal infrastructure improvements between the city and third party developers _ (Schrag) Councilmember Schrag clarified his request for this agenda item by saying what he wants to discuss more than a financial audit but nothing regarding any lawsuits 2 H S-182 May 4, 2009 as the term "forensic" might imply. He said he thinks it may be prudent to have the city's development contracts reviewed to ensure payments are all being met, legalities, etc. He said there are firms available that do this type of project. Councilmember Harris asked whether anything is suspected, or whether this is needed. Councilmember Schrag stated that since there had been some issues with some past contracts it might be prudent. Councilmember Harris responded by saying that staff should conduct an initial review for compliance. Council members Connelly and Marks both stated no objection to finding out the cost for such a project. Councilmember Marshall asked for some clarification on the scope of such an audit, saying it could be an expensive process. He also voiced his concern over auditing only certain developers. Motion to put out a Request For Proposal to get an idea of cost-Schrag; Councilmember Harris spoke up and said there not enough information to start with. Councilmember Schrag withdrew his motion. Further discussion resulted in a final determination for City Manager Dale Cheatham to work with some council members to determine the scope of such a project. Dale added that he will check with other cities as well. Motion for council members to work with staff to develop a scope and identify potential vendors who can perform this service- Connelly, second by Schrag; motion passed with all ayes except for Marshall who voted no. Executive Session was convened at 7:45 .m. 4.0 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 to seek legal advice 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 of the TEXAS GOVERNMENT CODE to consult with the city attorney to seek legal advice regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. C. 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 to seek legal advice regarding legal issues in connection with a license agreement between the South Shore Homeowners' Association and the City of The Colony. Reconvene to Open Session at 8:05 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. 3 00578 May 4, 2009 B. 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. C. Any action as a result of executive session regarding legal issues in connection with a license agreement between the South Shore Homeowners' Association and the City of The Colony. No action. And with no further business to discuss the meeting was adjourned at 8:06 p.m. APPROVED: oe McCo rry, Mayor City of -yfie Colony ATTEST: Christie Wilson, TRMC, CMC , City Secretary 4