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HomeMy WebLinkAbout07/13/1998 City Council 00697_, 7/L~/98 MINUTES OF THE SPECIAL SESSION OF COUNCIL HELD ON JULY 13, 1998 The SPEC/AL SESSION of the City Council of the City of The Colony, Texas was called to order at 6:40 p.m. on the 13thday of July, 1998 at City Hall, with the following council roll call: Mary Blair Watts, Mayor Present Bill Longo, Councilmember Present Bernetta Henville-Shannon, Councilmember Present David Stanwick, Councilmember Present Al Garcia, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with seven present a quorum was established, the following items were addressed: 6:41 p.m. Executive Session 1.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION, TO-WIT: A. City of The Colony v. Burlington Northern and Santa Fe Railway Company, et al B. Burlington Northern and Santa Fe Railway Company v. City of The Colony, et al 7:00 p.m. Reconvene in Open Session 1.1 CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION Motion to approve and confirm the approval of the Compromise Settlement Agreement, subject to the review and approval of the city attorney, in the cases styled and numbered as follows: The City of The Colony v. The Burlington Northern and Santa Fe Railway Company, et al (Case No. GC-96-00735-C), The City of The Colony v. The Burlington Northern and Santa Fe Railway Company (Case No. ED-96-00634-C), and The Burlington Northern and Santa Fe Railway Company v. The City of The Colony, et al (Case No. 4:96-CV-429), including the approval of the documents attached to the Compromise Settlement Agreement which includes those entitled the "Windhaven Parkway Easement Agreement" and the "Utility Easement Agreement", and further approving the Windhaven Parkway 7/~/98 Facility Agreement between the City and Billingsley Development Corporation, and authorizing the Mayor or City Manager, as the case may be, to execute any and all of such documents necessary to achieve the settlement of those lawsuits - Stanwick; second - Kovatch, carried with all Ayes. 2.1 CONSIDERATION OF A NONDISTURBANCE AGREEMENT BETWEEN THE CITY OF THE COLONY AND WYNNWOOD PENINSULA GOLF, LLC John Hill, city attorney, briefly explained the purpose of the Nondisturbance Agreement. Councilmember Henville-Shannon asked if the Corps had approved the agreement. Tim House, Matthews Southwest, replied that the Corps has an almost identical agreement for their approval and that it is being handled between the attorneys for the respective parties. He explained that this was a "clean-up" item to assure that the golf course continues to operate in spite of any differences between parties. Mayor Wans added that the Corps is proceeding with getting appropriate signatures. The Corps has already indicated that they are happy with the document. Councilmember Stanwick asked if a new agreement would be necessary if American Golf sold their lease or can the wording of the agreement now handle that future situation. John Hill responded that the City doesn't have to give approval unless the ground lease is affected. If owner sells out, City must approve any assignment of rights, i.e. sub-lease. Mayor Watts clarified that only 18 holes, the clubhouse and driving range are included. Councilman Kovatch asked what recourse the City has if operation is not upheld. Mr. Hill responded there is a default provision in the ground lease. 2.2 CONSIDERATION OF A GROUND LEASE AGREEMENT BETWEEN THE CITY OF THE COLONY AND DEBIS FINANCIAL SERVICES, INC. Councilmember Henville-Shannon asked John Hill to clarify the collateral. Mr. Hill explained the collateral is the lessee's interest in the ground lease. He added that there will be several changes in the agreement and that point would be made clear. Councilmember Henville- Shannon asked why the rush to approve the ground lease if changes are still to be made. Tim House, Matthews Southwest, explained that they would like to break ground next week and this is a housekeeping item that is holding them up. This agreement should have Corps' approval tomorrow. Mayor Watts asked about blanks left in the agreement. Mr. Hill responded that there would be no blanks in the final document. Motion to approve the Nondisturbance Agreement and the Agreement Regarding Ground Lease relating to the golf course property on Wynnewood Peninsula, subject to the proper assignments of interest being made and approved by the Council and subject to the final review and approval of the city attorney, and authoring the City Manager to sign the Agreements - Dillard; second - Stanwick, carried with all members voting Aye except Henville-Shannon who voted no. 7:20 p.m. Recess 7:30 p.m. Reconvene 7/L~/98 City Manager Lanny Lambert announced t° the Council and residents that the City is now asking for voluntary water rationing on odd/even depending on address. If consumption exceeds 7 million gallons for three consecutive days, mandatory rationing will be initiated. 3.0 WORK SESSION OF THE CITY COUNCIL, PARKS AND RECREATION BOARD AND THE ECONOMIC DEVELOPMENT CORPORATION BOARD (4B) TO DISCUSS THE PROPOSAL FROM JNC PROPERTIES FOR ACQUISITION BY THE CITY OF THE COLONY OF 113 ACRES OF LAND FOR PARKLAND Mayor Watts reminded everyone that the needs of the community should be considered as a decision is made on this issue. Don Goebel, chairman of EDC (4B), started with three questions to be considered, 1) does Council support the idea of building a sports complex, 2) does Council believe the sports complex should be one facility, and 3) does Council believe JNC property should be considered when pursuing placement of this complex. Councilmember Henville-Shannon asked if the Parks Board and 4B Board had voted unanimously in favor. Mr. Goebel responded there was not full attendance the night on which this item was voted but all were in favor. John Sanders, chairman of the Parks Board, said all were in favor. Councilmember Kovatch commented that the sports associations feel all fields will be relocated to new complex, however, current fields need to be maintained and used. John Sanders responded that not all areas will be available for refurbishing but could be used for practice areas. Discussion followed regarding utilization of existing fields. Councilmember Longo explained his opposition is because JNC is asking too much and the City just does not have that kind of money. He also feels that children not involved in sports will not be able to take advantage of the complex. Mayor Watts explained that $2.5 million would come from Austin Ranch parkland dedication and $200,000 from 4A/4B sources for the purchase. Any development would be from 4B and General Fund resources. Mr. Sanders commented that 4B could finance any maintenance and upgrades and no General Fund resources would be needed. He further explained that hike/bike trails, etc. would be provided for citizens not involved in sports. Mr. Goebel said this is only the first step and they are asking Council for consideration. He feels they need some kind of approval before they can proceed to the next step. Councilmember Longo said there were a lot of unanswered questions and we have only so much money to work with. Councilmember Dillard stressed that Council needs a negotiating timetable. He further stated it was an excellent idea but many more details need to be looked at. Wayne Bullard (4B Board) said the 4B Board had no direction and that's why no concrete plans are in place. Mayor Watts responded that she and Councilmember Kovatch resigned from the 4B Board since they didn't want Council direction. Sue Walden (4B Board) said we need to buy the land and develop it in phases. Susan King (Parks and 4B Board) said direction should come from the citizens as to what they want but the land should be bought now. Rich Lewis (Parks) explained the concept plan is not etched in stone but everything needs to be in one place. Discussion followed regarding Austin Ranch and the increase in population and their needs. Don Goebel noted that an architectural consultant should be hired to facilitate. Councilmember Henville-Shannon asked about a feasibility study. Don Goebel responded that it will take two months to hire a director and six months to do the study, however, the opportunity to buy the land is now. Councilmember Longo asked if Tony Johnston, Finance Director, and .... /$ 7/-~0/98 Lanny Lambert, City Manager, have met with JNC to negotiate a better deal. Councilmember _ _ Kovatch suggested a committee be formed for negotiations with JNC. Mayor Watts commented that Wynnewood Peninsula could also be considered for a complex. Vicki Briggs (4B) stated that Wynnewood would not be highly visible and not easily accessible. She added that most everyone agrees we need to buy the land. She continued that the new complex would be more than just for sports and would be a money-making proposition. Sue Walden (4B) said that a more visible area would bring attention and additional EDC efforts. Councilmember Stanwick stated that until a 4B budget, Parks and Recreation Master Plan and timeline can be presented, Council cannot make decision. Consensus was to appoint liaison to 4B Board as soon as possible. Mr. Lambert wants maintenance plan for existing and new parks. Councilmember Dillard reminded that full council approval is required to direct boards for action. Motion to adjourn - Henviile-Shannon; second - Longo, carried with all Ayes. With no further business to address, Mayor Watts adjourned the meeting at 9:50 p.m. APPROVED: Ma~y Blai~Watts, Mayor ATTEST: /R~l~a~t~ De~[ih~-D~pu~l~ty ~ecretary 4