Loading...
HomeMy WebLinkAbout10/12/1987 City Council 00278.'/ MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 12, 1987 The Special Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 12th day of October, 1987 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Absent Marlene Poole,Councilman Present and with six members present a quorum was established and the following items were addressed: 1. CONSIDERATION OF A RESOLUTION APPROVING A NOMINATION TO SERVE ON THE DENTON COUNTY APPRAISAL BOARD Councilman Poole nominated Dick Weaver to serve on the Denton County Appraisal Board. Mayor Amick read the resolution in it's entirety: WHEREAS, the City of The Colony has joined in the formation of a Denton County Appraisal District, and~ WHEREAS, the Denton County Chief Appraiser has notified each taxing entity that nominations are in order for filling a vacancy on this board, and~ WHEREAS, the Denton County Chief Appraiser has notified the City of its voting entitlement of one hundred seventy-four votes: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP THE COLONY, TEXAS: that Dick Weaver is hereby nominated to fill the vacancy on the Denton County Appraisal District Board of Directors. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 12th day of October , 1987. Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary Councilman Glazener moved to approve the Resolution as read and Councilman Poole seconded the motion which carried with a unanimous roll call vote. 3. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO WIT: A. INTERVIEW FOR BOARD APPOINTMENTS PARK AND RECREATION LIBRARY BOARD OF ADJUSTMENT AND APPEALS YOUTH ADVISORY BOARD The following persons were interviewed for appointment to various boards: Dot Lindquist Angie Lane Laurie Nopp Gene Poole Steve Faulkner Roosevelt Johnson Michael Leddy 4. CONSIDERATION OF APPROPRIATE ACTION RESULTING FROM THE CLOSED DOOR SESSION Councilman Glazener moved to appoint the following persons to the Youth Advisory Board and Councilman Poole seconded 00278 the motion which carried with a unanimous roll call vote. Angie Lang and Laurie Nopp Mayor Amick directed the City Secretary to contact those youth who did not make their interview to determine if they are interested in being reappointed and then to schedule them an interview at another time. 2. CONSIDERATION OF AN AGREEMENT WITH THE CITY OF FRISCO, IN REGARD TO WASTEWATER SERVICE TO THE STONEBRIAR DEVELOPMENT City Manager, Bill Hall said the most recent agreement was received on October 8, 1987 with some of the changes recommended by Council. Mr. Hall said the City Attorney and staff had reviewed the agreement along with Mark Webb and John Cannon of Stonebriar, stating that there are still some things which need to be addressed. One item being on page 5, section 11, last paragraph regarding The Colony not opposing permit application of Frisco no matter what. Mr. Hall said he feels that verbiage should be changed. Also Section 8 regarding indemnity clauses needs to be addressed and Section 3 regarding who will pay for damages. Mr. Hall said he feels Section 3 and 8 need to be addressed together. Mr. Hall said he had received a letter .agreement as a rider to the agreement concerning the extension of N. Colony Boulevard and the attorney advised it does address what the Council had requested, in that it allows for the extension of N. Colony Boulevard from the railroad to highway 121 or Legacy or both. At this time, Mayor said he would open the floor to questions from the Council regarding specific areas. Toby Bartholow, City Attorney, asked to speak first. Mr. Bartholow addressed the following: Section 11, last paragraph, the verbiage should be changed to read "The Colony agrees not to unreasonably oppose without just cause, Frisco's application ...... and to delete the last 2 lines of that paragraph. Section 8, benefits The Colony by receiving cash up front, not just an accommodation to Frisco and Stonebriar. Letter Agreement, does say that Stonebriar will dedicate and construct the roadway (N. Colony Blvd.) and if they sell the property they will deed restrict it so that the new owners will take over the responsibility of constructing the roadway. At this time, Mayor Amick noted that Cathy Koelling had arrived and was scheduled to be interviewed by Council. Mayor Amick then called the Council back into Closed Door for an interview. 3. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2G, REGARDING PERSONNEL, TO WIT: INTERVIEW FOR LIBRARY BOARD 4. CONSIDERATION OF APPROPRIATE ACTION RESULTING FROM THE CLOSED DOOR SESSION Councilman Poole moved to appoint Cathy Koelling to serve in Place 1, and Dot Lindquist to serve as Alternate #1 on the Library Board. Councilman Robinson seconded the motion which carried with a unanimous roll call vote. 2. CONSIDERATION OF AN AGREEMENT WITH THE CITY OF FRISCO, IN REGARD TO WASTEWATER SERVICE TO THE STONEBRIAR DEVELOPMENT Councilman Harris referred to the cover letter which 00278U addressed $50,000 payments ever 6 months from Frisco, stating that this does not get rid of the 100,000 gallons and that is what the Council asked for. The Councilman said there needs to be a penalty for not being able to turn off the service in 4 years. Mayor Ami~k' said the Council is trying to protect the future. Councilman Harris said the penalty would allow future Councils to get out this service if necessary and this should be in the agreement. John Cannon, attorney for Stonebriar said he thought he was answering that question when he added the $50,000 payment, stating that would be an incentive for Frisco to finish construction of their plant, going on to say that use is restricted to the development not to all of Frisco. Mr. Cannon said they have extended the bond to 4 years and 30 days. Mark Webb of Stonebriar said that if Frisco, in 3 years and 29 days have started construction and The Colony releases the bond to Frisco then The Colony wants the penalty of $50,000 in case Frisco does not complete the project on time. Councilman Harris said The Colony wants something in the agreement that ensures the service can be turned off in 4 years and feels that $50,000 every 6 months, after the 4 years is up will give Frisco the incentive to complete the project on time. Mayor Amick said the penalty clause has to be in the agreement because, legally, The Colony cannot turn off the service, and we want to ensure that Frisco will build the plant on time or they will pay The Colony the penalty. Mayor Amick said we want to accommodate Stonebriar but also want to protect the future, not to make money but to ensure Frisco will build. Mr. Cannon asked if Council wanted the choice to be The Colony's whether to draw on the bond for expansion or to release the bond to Frisco and then receive the penalty payment from Frisco. The Council agreed and Mr. Cannon said he could draft that language but it has not been discussed with Frisco. Councilman Spears then noted that in the event The Colony does have to draw on the bond for expansion, there is no provision for a per month charge to Frisco for continuing the service to them, stating that we need to ensure that this is an interim agreement and if we have to continue service, there needs to be a permanent agreement. Mr. Webb said that if the service goes past 4 years, Frisco will pay the current rate per month. Mr. Cannon said that is $11.50 per month now but it will be whatever the current rate is at the time, to be charged to Frisco in addition to the $50,000, if the service continues past the 4 years. Councilman Spears asked Mr. Bartholow if he is sure that the bond is a satisfactory solution, and that there won't be any trouble with it in four years. Mr. Bartholow said if the bond is correctly drawn, there should be no trouble in The Colony getting their money. Mayor Amick asked if the bond would be renewed on a yearly basis. Both attorneys said yes it would. Mr. Cannon said the bond is through an insurance company and he would check into a bond for the full 4 years and 4 months, but it may have to be renewable each year. Mayor Amick said be sure to add the penalty clause to the bond. Councilman Harris said he was not sure they should be tied together and the Mayor agreed they should not. Councilman Spears questioned the paragraph regarding the permit application for Frisco.(Section 11) Mr. Hall said the first sentence needs to be changed to reflect "unreasonably without just cause". Mayor Amick asked if a feasibility study had been on a 00279 regional wastewater facility. Mr. Hall said Denton County is doing one now but that The Colony determined it is not feasible to enter into one with Frisco. Mayor Amick said the word in that section needs to be changed to "desirable at this time". There then followed a discussion regarding the indemnity section. After statements regarding the liabilities of both cities, Mr. Bartholow said this agreement covers about 90% of the problems, stating both cities are going to be liable. Mayor Amick said that Section 8 offers the same protection for both cities and the Council agreed to leave as is. Councilman Glazener then asked about the extension of N. Colony, wanting to be sure the road will be constructed. Mr. Webb said whichever route is decided upon will be put in, stating the land is zoned commercial and in order to sell it the road would have to be constructed, going on to say, it depends on who buys and the use of the land as to how, when and where the road will be built. Mr. Webb said it is their intent to build the road and they sell the property the land will be deed restricted to require the new owners to do the same thing. Councilman Glazener said that is no guarantee. Mr. Webb did say that if they cannot well the land, then there will be no road. Councilman Poole asked if the language could ensure the road be built such as the agreement the City has with F & J. Councilman Harris said since this property is not in our City limits then we cannot really bind them. Mr. Webb said this letter states what was agreed upon with the committee, stating that originally Stonebriar wanted a "sewer deal" and the road is above and beyond. Mayor Amick asked if the Council understands the letter is not a guarantee. All stated yes. Mayor Amick then asked for a motion. Councilman Spears moved to approve the agreement as amended; Page 2 Section 4 - $11.50 changed to "Same rate The Colony charges it's residents for equivalent service." Page 5 Section 11 - last paragraph changed to read "If The Colony unreasonably opposes, without just cause, Frisco's application for a waste discharge permit for a sewage treatment plant for the treatment of sanitary sewer wastewater treated by The Colony hereunder, The Colony shall immediately return the bond to Frisco without drawing upon it. The Colony and Frisco agree that at this time, a regional wastewater treatment plant between the two cities is not desirable. The Colony agrees not to unreasonably oppose, without just cause, Frisco's application and other efforts to obtain a wastewater discharge permit for and construct and operate a wastewater treatment plant for the treatment of sanitary sewer wastewater." A penalty clause should be included allowing for $50,000 penalty fee if at the end of the contract, Frisco is not capable of handling sewage. Fees are ongoing until new agreement is drawn up. The sewage treatment contract will be executed upon receipt of the letter agreement relating to the extension of N. Colony Boulevard. And to approve the form of Easement as well, pursuant to the agreement between our attorney and the City Manager approving the content. Councilman Harris seconded the motion as stated. The motion carried with a unanimous roll call vote. Mr. Webb requested a letter from Mr. Hall stating the intent 002791 of the Council to approve the contract. ADDITIONAL AGENDA ITEM 5. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2E, REGARDING POTENTIAL LITIGATION, TO WIT: A. BRANCH-TAYLOR 6. CONSIDERATION OF APPROPRIATE ACTION RESULTING FROM THE CLOSED DOOR SESSION There was~action taken regarding potential litigation with Branch Taylor, however at this time, Councilman Harris did move to reappoint the following persons to the Board of Adjustment and Appeals; Gene Poole, Michael Leddy, and Roosevelt Johnson, and to reappoint Steve Faulkner to Park and Recreation. Councilman Poole seconded the motion which carried with a unanimous roll call vote. With no further business to address, Councilman Harris moved to adjourn and Councilman Spears seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 12:05 a.m. APPROVED: ATTEST: Patti A Hick§, City Secretary [SEAL]