HomeMy WebLinkAbout10/22/2007 City Council
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October 22, 2007 Special Session
MINUTES OF SPECIAL SESSION OF COUNCIL
HELD ON
OCTOBER 22, 2007
The Special Session of the City of The Colony, Texas, was called to order at 7:12 p.m. on the
22nd day of October, 2007, 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
Councilmember
Councilmember
Mayor Pro-tern
Councilmember
Present
Absent
Present
Present
Absent
Absent
Present
And with four council members present a quorum was established and the following items were
addressed:
1. Discuss and consider approval of a resolution authorizing the city manager to enter
into a development agreement with the Billingsley Corporation for construction
(Johnston)
Tony Johnston, Assistant City Manager, presented Council with copies of an updated
draft agreement between the City and the Billingsley Development Corporation. He
stated there were two Development Agreements the City previously entered into with the
Billingsley Development Corporation relating to Austin Ranch. With continued
development in the area, this Development Agreement is needed for the construction of
wastewater lines within Austin Ranch. Tony then presented a summary ofthe proposed
agreement. He also indicated that once the agreement and remaining Schedules I and 2
were executed, the following items would need to be resolved:
· Agreement with Peter Tsai
· A request for a 2 year extension with North Texas Municipal Water District
· Modification of Wastewater Master Plan & Impact Fees
· Proceed forward with boundary adjustments between The Colony & Carroll ton
Councilman McCourry requested to convene into Executive Session at 7:37 p.m.
Council reconvened at 8:24 p.m.
Bob Hager, City Attorney, asked that council consider a motion to approve the resolution
to authorize the City Manager to execute an agreement with the Billingsley Corporation
for construction of wastewater services in Austin Ranch subject to completion of
Schedules 1 and 2, as approved as to form by the City Attorney, and to authorize the City
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October 22, 2007 Special Session
Manager, after approval by the City Attorney, to execute an Escrow Agreement as
required under Section 4.2 of said wastewater improvement agreement, subject to the
following changes:
· Article III, Section 3.1, Subsection D - Strike through the last 2 sentences to read
as follows: Without limiting the generality of the foregoing, there is hereby
reserved to Developer, Developer's successors and assigns the exclusive rights to
install paving, curbing, landscaping, and lighting on the Easements in accordance
with the development regulations of the municipality where the property is
located.
· Article IV, Section 4.8, Subsection B - Include a footnote to indicate
Unauthorized Taps does not include the Tsai Tract as defined in the agreement
· Article VI, Section 6.1 - Change the word sign to signage
Motion to approve with the stipulations and changes- McCourry; seconded by Marshall.
Motion passed with all ayes.
2. Discuss and consider approval of a resolution authorizing the city manager to
execute a construction contract for reclamation and closing of Well No.3 (Maurina)
Tod Maurina, Water Distribution Superintendent, gave some background regarding the
abandonment of Well No.3. He stated recent weather conditions in the area have caused
conditions at the work site to deteriorate. In addition, it is unknown the rate at which
water is passing by the outside of the casing and contaminating the aquifer. If additional
delays are experienced the level of contaminants will increase. This raises concern and is
the basis for handling the situation as an emergency. Councilmember McCourry clarified
the contaminates Tod referred to were undesirable impacts to the aquifer such as heavy
minerals, which produce a bad taste, not health contaminants.
Motion that the plugging of Well No.3 be considered an emergency situation and to authorize
staff to enter into a contract with Layne Christensen Company to provide equipment,
material, and labor for the plugging of city Well No.3 in the amount of $43,302 plus a 5%
contingency totaling $45,500. Motion was seconded by Marshall; motion passed with all ayes.
And with no further business to discuss the meeting was adjourned at 8:34 p.m.
APPROVED:
October 22, 2007 Special Session
ATTEST:
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Christie Wilson, TRMC, City Secretary
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