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HomeMy WebLinkAbout02/19/1979 City Council 000323 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS HELD ON FEBRUARY 19, 1979 A Regular Meeting of the City Council of The City of The 0olony, Denton County, Texas was called to order with the following members present: William J. Longo Mayor Clint Davis Councilman Linda A. Adams Councilman Sandra Shearer Councilman and with Councilman Pollard absent due to a death in his family and with Councilman Shipman absent due %o business. V MINUTES OF PREVIOUS COUNCIL MEETINGS Mayor Longo asked for a motion to approve the minutes of previous meetings. Councilman Davis moved to approve the minutes of the Special Sessions held on February 10, 1979 and February 12, 1979 and to ~able the minutes of the January 15, 1979 Regular Session for further review. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None It was noted that Councilman Shearer was not in attendance at the February 10, 1979 meeting and did abstain from approving the minutes. VIII NEW BUSINESS 1. CONSIDER A RESOLUTION PROVIDING FOR A JOINT ELECTION WITH THE COLONY MUNICIPAL UTILITY DISTRICT TO BE HELD ON APRIL 7, 1979. Mayor Longo introduced and read the following Resolution. WHEREAS, when two or more political subdivisions of this state are holding elections on the same day in all or part of the same territory, Article 2.01c of the Texas Election Laws provides for the holding of said joint election. WHEREAS, the City of The Colony, Denton County, Texas and the Colony Municipal Utility District #1 will each hold an election on April 7, 1979. WHEREAS, it is in the best interest of the City of The Colony, Texas and in the interest of its citizens to minimize cost and to maximize efficiency of said election to hold such joint election with The Colony Municipal Utility District #1. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY THAT THE METHOD FOR ALLOCATING THE EXPENSES AND RECORDS FOR THE ELECTION SHALL BE AS FOLLOWS: 1. The City of The Colony and the Municipal Utility District shall share equally the cost of said polling place, election judge, alternate judge and interpretor. 2. The City of The Colony shall pay for no more than 11 election clerks. 3. The Municipal Utility District shall pay for ~ election clerks. 4. Rick Chadwick has been designated as the custodian of the records for the Colony Municipal Utility District #1 and said records will be de- livered to him. ~. The Acting Mayor for the City of The Colony shall receive said counted ballots and said records for the City of The Colony. PASSED AND APPROVED THIS THE DAY OF , 1979. Councilman Adams moved to approve the Resolution calling for a Join~ Election with The Colony Municipal Utility District on April 7, 1979. Seconded by 000324 Councilman Shearer the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. CONSIDER A RESOLUTION CALLING THE CITY OFFICER'S ELECTION FOR APRIL 7, 1979 Mayor Longo introduced and read the following election order: ELECTION OF MUNICIPAL OFFICERS The Colony, Texas April 7, 1979 BE IT REMEMBERED THAT on this 19 day of February, at a meeting of the City Council of the City of The Colony, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS ORDERED that an election be held in the City of The Colony. Texas. on the 7 day of April, 1979, the same beirg the first Saturday of said month for the following purpose: To elect a Mayor for a two year term; one Councilmember for Place Number I for a two year term; and one Councilmember for Place Number 2 for a two year term. The candidate for each such office receiving a majority of all votes cast for all candidates for such office shall be elected for a two year term. In the event any candidate for any one of said offices fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be called as provided for by the Charter of the City. The polling place for said election shall be the Carney Elementary School Gymnasium. The polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. None but legally qualified voters of the City shall be entitled to vote at said election. Notice of said election shall be posted in three public places within the limits of the City at least thirty (30) days prior to the election day. A return of such posting shall be made by affidavit of the City Secretary. The absentee voting for the above designated election shall be held at the regular office of the City Secretary at the City Hall Building, in said City, and said place of absentee voting shall remain open for at least eight (8) hours on each day,.of absentee voting which is not a Saturday, Sunday or an official State holiday, beginning on the 20th day and continuing through the 4th day preceding the date of said election. S&id place of voting shall remain open between the hours of 8 o'clock a.m. and 5 o'clock p.m. After holding said election, the Election Judges shall promptly make their returns to the City Secretary and to the Mayor, and the Secretary shall thereafter present such retUZm~ to the City Council for the canvassing of said election. The Presiding Election Judge shall be paid the sum of $2.50 per hour, plus an additional sum of $10.00 for his services in delivering the returns of the election. The Alternate Presiding Election Judge shall be paid the sum of $2.50 per hour and each Election Clerk shall be paid the sum of $2.50 per hour for their services in holding the election. Such payments shall not 000326 exceed the maximum amounts set out in Article 3.08, Texas Election code, to-wit: $2.~0 per hour for each election official', plus an additional amount paid to the Presiding Judge for delivering the returns, not to exceed $15.00. ORDERED this the day of , 1979. Councilman Adams moved to approve the order as read. The motion was seconded by Councilman Davis. Councilman Shearer noted that to comply with the Home Rule Charter, a fiscal impact statement should be attached as the order calls for an expenditure of funds. It was so noted. Mayor Longo then called for a vote on the motion on the floor. The motion was carried by the following roll call vote: Ayes: All members present voted aye No es: None 3. CONSIDER A SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE PURCHASE CONTRACT WITH THF. MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. Councilman Shearer_read the caption of this ordinance. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INT0 A LEASE PURCHASE CONTRACT WITH MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. FOR THE LEASE PURCHASE OF RADIO COMMUNICATIONS EQUIPMENT AT A COST OF $27,886.80, PAYABLE iN ANNUAL INSTALLMENTS OF $10,885.61. Councilman Davis ~oved to approve the said ordinance for the second and final time. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THOMPSON/PARKEY ASSOCIATES, INC. Councilman Davis was concerned that the ordinance as presented called for the contract to be attached as Exhibit "A". Mr. Hart stated that the contract was being negotiated. Councilman Adams agreed that the contract should be attached before the first reading of this ordinance. Councilman Adams moved to table this ordinance until the contract with the firm of Thompson/Parkey, Associates, Inc., was in a final form and attached to the ordinance as Exhibit "A". Seconded by Councilman Davis, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDER ;~N ORDINANCE ADOPTING A HEALTH CODE Mr. Hart stated that a health ordinance should be adopted soon due to the commercial development in The Colony. After a brief discussion, Councilman Davis moved to table the ordinance for further study. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDER AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE AND UNIFORM PLUMBING CODE. Mr. Hart recommended the passage of this ordinance to enable the City to better control construction. Mr. Bradburry, Director of Community Development presented a written memo to the Council on this subject. Councilman Davis moved that the ordinance be read and approved for the first time. The motion was seconded by Councilman Shearer. Mayor Longo read the following ordinance in its entirety: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ADOPTING THE UNIFORM PLUMBING CODE, 1976 EDITION, OF THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL 0FFICIALS; ADOPTING THE NATIONAL ELECTRICAL CODE, 1975 EDITION, OF THE NATIONAL FIRE PROTECTION ASSOCIATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Davis noted that the ordinance referred to both codes as Exhibit "A". Mr. Hart stated that this would be checked on. Before aalling for a vote, the -- 3 -- 00032t ordinance was discussed. Councilman Adams felt the Oouncil should study closely the fee schedule as well as the administrative problems. Ron Walden of Fox & Jacobs asked that his firm be able to visit with the City staff and discuss the fee schedules. Frank Graham of Fox & Jacobs asked if the Uniform Plumbing Code was adaptable to the code used by the Municipal Utility District. Mr. Bradburry answered that M.U.D. uses the Dallas Plumbing Code which is almost identical. Mr. Graham stated that Fox & Jacobs was concerned that if permit fees were raised by the City that the cost of the homes would have to be in- creased again. He stated that combined with the fee paid to M.U.D., Fox & Jacobs would be paying fees that are higher than most other cities. Councilman DaVis asked what the tap fee charged by ~UD was. Mr. Graham stated that it ~ was $245.00. Cleve Farmer, a member of the audience stated that he felt the City should adopt the 1978 National Electrical Code rather than the 1975 version as it covered areas that the 1975 version did not. Mr. Gagan, a member of the audience, asked if the City planned to inspect. Mr. Hart answered that the City did have future plans to hire an additional inspector. Mr. Tullis, a member of the audience, felt that a fiscal impact statement should be attached as the hiring of an inspector would involve the expenditure of funds. At this time, Councilman Adams moved to table the ordinance for further study. Seconded by Councilman Davis, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 7. CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS AUTHORIZED AND APPROPRIATED BY THE BUDGET IN AN AMOUNT NOT TO EXCEED $1,000.00. Councilman Shearer introduced and moved the first passage of the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS AUTHORIZED AND APPROPRIATED BY THE BUDGET IN AMOUNTS NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) WHERE SEALED BIDS ARE NOT REQUIRED; AUTHORIZING THE CITY MANAGER TO PAY SALARIES AND PUBLIC UTILITY BILLS WITHOUT ADDITIONAL AUTHORIZATION FROM THE CITY COUNCIL; PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY: SECTION 1. That the City Manager be, and he is hereby authorized to enter into contracts for the expenditure of funds, and to expend funds, in an amount not to exceed the sum of One Thousand Dollars ($1,000.00)., and where sealed bids are not required, and where such amounts have been authorized and appropriated by the City Budget. SECTION 2. That the City Manager be, and he is hereby authorized to pay all salaries of City employees and public utility bills as the same shall become due. SECTION 3. That this ordinance shall become effective upon the date of its adoption, as authorized by the Charterof the City of The Colony. READ AND PASSED ON FIRST READING on the day of ,1979. READ AND PASSED ON SECOND READING on the day of , 1979. Comacilman Adams seconded the motion. ~i Mr. Tullis, a member of the audience was concerned that this authorization might cause future financial problems. The Council assured him that they would still review and approve bills. The motion was passed by the following roll call vote: _ Ayes: All members present voted aye No es: None 8. CONSIDER ANY OTHER MATTERS TO COME BEFORE THE CITY COUNCIL Mr. Hart, presented to the Council, plans for soccer fields on the future high school land site. Mr. Hart explained that The Colony Sports Association would like a letter from the City authorizing them to prepare these fields. These fields would not interfer with any permanent building plans for the site. The City Council saw no immediate problem, but felt that permission must be received from F~x & Jacobs as they are the present landowners. -4- 000327 9. CONSIDER AUTHORIZATION OF PAYMENT OF BILLS OVER $~0.00. Mr. Hart presented the bills over $50.00 to be approved for payment. After a brief discussion, Councilman Davis moved that the bills as presented to the City Council be approved and paid. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 10. RECEIVE CITY MANAGER'S AND CITY COUNCIL STATUS REPORT Mr. Hart briefed the City Council on the status of the Capital Improvements Program. He stated that he had received no word from the Farmers Home Admin- istration; the bond proposal can make the April ? election, and he presented the following schedule: Package to City Council Appointment with bond attorneys Post Ordinance calling election First reading of election ordinance 5/,19 Second reading 3/22 Publication of ordinance in official newspaper. Mr. Hart then introduced Mr. Parkey, who gave a land site presentation to the Council and recommended the land located at the northwest corner of South Colony Boulevard and FM #4£5. He recommended the purchase of 15.16 acres. The municipal buildings would be built on 8.13 acres that fronts FM #423. The 7.3 acres is located behind the eight acres and is sloped down to the lake. The purchase of this land would protect the view and can be used for recreation facilities. There followed a discussion of the purchase of additions2 acreage north of this site. Councilman Davis asked if the City could have the option to purchase additional land at the proposed site for the same cost per acre? Mr. Ron Walden of Fox & Jacobs answered yes that the City could purchase twenty - seven acres at this site or Fox & Jacobs would be willing to give the City the "first right of refusal" if they did not wish to purchase all of the land at one time. Mr. Hart stated that possibly this land could be a match for a V.0.R. Grant. Mr. Hart asked for approval from the Council on the land site as it is imperative that the architect have a site to continue with his plans. The City Council did approve this site with the contingency that the City does have the option to purchase twenty-smvem at this site. Councilman Davis asked Mr. Parkey when the council would review the plans for the first time. Mr. Parkey answered that the first review would be March 5 and the final plans would be presented March 12. Mr. Hart presented to the Council the following estimated costs: 1. Municipal and Police Building & Land $ ?00,000. 2. Fire protection-land, building & equipment 475,000. 3. Park & Recreation (18 acres) 465,000. 4. Signalization 150,000. 5. Public Works (Equipment & street repair) 75,000. TOTAL 1,865,000. ll. CONSIDERATION OF A PROCLAMATION OF SUPPORT FOR THE GUARD AND RESERVE OF THE UNITED STATES OF AMERICA The Mayor presented the following statement of support: STATEMENT OF SUPPORT FOR THE GUARD AND RESERVE WE recognize the National Guard and Reserve as essential to the strength of our nation and the maintenance of world peace. They require and 000328 deserve the interest and support of the American business community, as well as every segment of our society. In the highest American tradition, these Guard and Reserve forces are manned by civilians. Their voluntary service takes them from their homes, their families and their occupations. On weekends, and at other times, they train to prepare themselves to answer their country's call to active service in the United States armed forces. If these volunteer forces are to continue to serve our nation, a broader public understanding is required of the total force policy of national security - and the essential role of the Guard and Reserve within it. The Guard and Reserve need the patriotic cooperation of American employers ,in facilitating the participation of their eligible employees in Guard and Reserve programs, without impediment or penalty. We therefore join members of the American business community in agreement that: 1. Our employees' job and career opportunities will not be limited or reduced because of their service in the Guard or Reserve; 2. Our employees will be granted leaves of absence for military training in the Guard or Reserve without sacrifice of vacation time; and 3. This agreement and the resultant policies will be made known throughout the organization and announced in publications and through other existing means of communication. Councilman Davis moved to approve the statement as read. The motion was seconded by Councilman Adams. Councilman Davis did want it noted that employees should discuss this with the City Manager if they are considering joining the reserve. Mayor Longo then called for a vote. The motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 12. CONSIDERATION OF APPROVAL FOR STREET LIGHTING FOR SECTION #22 Mr. Bradburry, Director of Community Development presented the plat of Section~£2 with two street light changes shown on the map. Councilman Davis moved to approve the streetlighting on Section #22 as presented. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present vote aye Noes: None 13. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INT0 A CONTRACT WITH JOE M. NALL AND ASSOCIATES, INC., TO DO A DOMESTIC GAS RATE ANALYSIS Mr. Hart presented to the Council the ordinance and attached contract as presented by Joe M. Nall& Associates, Inc. Councilman Davis was concerned that the use of a consultant for this domestic gas rate analysis was not a necessity. He also asked if the attorney for the City recommended this con- sultant. Mr. Hart advised the Council that Mr. Dillard did recommend the use of Mr. Nalls. Councilman Davis told the Council that "Tip" Hall told him that he would do whatever he can to assist us in Austin. Councilman Adams asked if a fiscal impact statement should be attached to this. The Council agreed. The Mayor then called a brief recess to allow Mr. Hart time to prepare such a statement. Upon reconvening, Mr. Hart presented the following fiscal impact statement to the Council: -6- 00O329 The impact of this ordinance could impact this City up to $~,500. Ail or part of this may be reimbursed to the City ~ at some point in time. This would then be placed back into the rate base. The $~,~00 cost to the City would be paid out monthly to the consultant and should all be paid this fiscal year with no further cost over the next 3 fiscal year to the City. Councilman Shearer read and moved to approve the following ordinance: AN ORDINANCE OF THE CITY OF T~E COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CONSULTANT SERVICES; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas, is hereby authorized to execute, on behalf of the City of The Colony, a contract for engineering services in connection with the handling of the appeal of Lone Star Gas Company to the Texas Railroad Commission in Gas Utilities Docket No. 1880 with Joe M. Nall& Associates, Inc., Consulting Engineers. The approved form of such contract is attached hereto as Exhibit "A" and made a part hereof for all purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. READ AND PASSED ON FIRST READING ON THE DAY OF , 1979. READ AND PASSED ON SECOND READING ON THE ~ DAY OF , 1979. The motion was seconded by Councilman Adams. Before a vote, Councilman Adams clarified that the fee paid to Mr. Nail would not exceed $~,~00.00. Councilman Davis expressed his displeasure the Lone Star Gas would put the City in such a binding legal position that a consultant service is necessary. After a brief discussion on the background of this matter, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye No es: None There being no "Citizen Input", Councilman Shearer moved that the meeting be adjourned. Seconded by Councilman Adams, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mayor Longo adjourned the meeting at 10:00 P.M. William J'. Long~/ ' Mayor [/ Ja~ce Carroll C~y Secretary