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HomeMy WebLinkAbout09/04/1979 City Council 000427 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON SEPTEMBER 4, 1979 A REGULAR MEETING of the City Council was held at City Hall with the following members present: Richard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Sandra Shearer Councilman Gary Shipman Councilman Chris Fabian Councilman and with no members absent; thus a quorum was established. 1. EXECUTIVE SESSION - PERSONNEL Mr. Hart, City Manager, explained that this emergency agenda item had been added to allow Chief Kimberling to discuss personnel problems with the Council; however, Chief Kimberling had requested to make a public statement. Mayor Turner then recognized Chief Kimberling. Chief Kimberling announced his resignation as Chief of The Colony Volunteer Fire Department effective immediately. He stated that his primary reason was Councilman Longo's interference in Fire Department matters. Chief Kimberling then related the following particular example of this interference. The situation was regarding the removal of the emergency lights from Fireman Gary Watson's private vehicle. He had told Fireman Watson to remove the lights which was the instructions of the City Council. Fireman Watson went to Councilman Longo who told him this was not the instruc- tions of the Council. He further stated that he felt that Council- man Longo had been against him since his son, Andy, was not allow- ed to be on the Fire Department because he was not 18 years of age. Chief Kimberling said that he could no longer work under these conditions. He asked the Council who the Fire Department liason was and why was this avenue not being used? Chief Kim- berling then left the Council Chambers. Mr. Hart, City Manager, told the Council that he had accepted this resignation. Council- man Longo stated that he would release a statement later in the meeting. Councilman Adams suggested that the Co~n.cil meet' in Execu- tive Session to discuss this resignation. Beiore going into Executive Session, Councilman Shipman stated that the t8 year old age limit was set by the membership of the Fire Department and that he also voted for this age limit, and Councilman Longo had not held this against him. Mayor Turner then announced that the Council would meet briefly in Executive Session as authorized by Article 6252-17, Section 2, VACS. Upon reconvening in open session Councilman Longo stated that he felt he had been charged by Chief Kimberling with some serious actions, and he would like to make a public statement. Council- man Longo said that he did not deal in personalities and that he did not hold any grudges regarding the incident with his son. As Mayor he had been concerned that the Fire Department equipment was adequate and the training of the personnel, as he is concerned about all City Departments. Regarding intereference, he further stated that he always brought any questions or prdblems to the City Manager and that he has never contacted a fireman; when he was called by a fireman he did refer him to Gary Shipman,who is the Fire Department liason. He emphasized that if he as a Council- man had done wrong it would be up to the City Council to bring charges against him. Mayor Turner then announced that the Council accepted the resig- nation of Fire Chief Charles Kimberling and agreed that Jerry Millan should serve as Acting Chief. Councilman Adams stated that the Executive Session was arranged to discuss these problems with Chief Kimberling, and she is sorry that he did not choose to use 000428 this. Councilman Fabian stated that he felt that the rest of the Council did support Councilman Longo. 1. APPROVAL OF MINUTES Mayor Turner asked if there were any corrections on the minutes of the Regular Session held on August 27, 1979. Councilman Fabian stated that in Agenda Item 2, Consideration of a Road Abandonment Ordinance, that the result of his and Councilman Longo's traffic survey conducted on Camey Road be included in it's entirety. Councilman Fabian then moved that the minutes be approved as corrected. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 2. CONSIDERATION OF THE APPOINTMENT OF A DEPUTY CITY SECRETARY Tom Hart recommended t~at the Council appoint Senior Secretary Ann Ewing as Deputy City Secretary. Councilman Fabian asked about Mrs. Ewing's qualifications for this appointment. City Secretary Janice Carroll explained that at this time the appointment is primarily for legal purposes in case of her absence; but, she did intend to train Mrs. Ewing regarding the specific duties of her office. Councilman Shipman moved that Ann Ewing be appoint- ed as Deputy City Secretary. Seconded by Councilman Shearer, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF THE APPOINTMENT OF AN ACTING CHIEF OF POLICE Mr. Hart stated that he would like the approval of Nicholas C. Ristagno as Acting Chief of Police on an interim undetermined basis. Councilman Fabian moved that Nicholas Ristagno be appoint- ed as Acting Chief of Police for the City. Seconded by Councilman Longo, the motion was passed with the following roll call vote: Ayes: All members present voted aye Noes: None Mr. Hart then directed Chief Ristagno to wear the Chief's badge. 4. RECIEVE A REPORT ON PARK & RECREATION PROGRAM FOR THE CITY Mr. Hart then introduced Mr. Chris Edgington of North Texas State University to present to the Council a previously proposed recrea- tion program for the City of The Colony. Mr. Edgington then gave a detailed presentation of the Park and Recreation planned proposed program. The objectives of this program are to establish an iorganizational structure through a Park and Recreation Director and the use of student program coordinators. They would develop classes, special events, drop-in programs, programs for teens and special population programs. Mr. Edgington stated that they would also aid in the development of grant resources. Mr. Edging- ton provided a tentative breakdOwn of the cost~.as follows:~ Director Of Park & Recreation $ 3,500.00 Program Coordinators 1,500.00 Program Specialists 5,000.00 Supplies & Equipment 2,500.00 Printing & Promotional 500.00 $13,000.00 Revenue 3,000.00 Cost $10,000.0~ 000429 Councilman Fabian was concerned with the Park and Recreation Board's role in this program, the time period and continuity of the program. Mr. Edgington answered that it could be completed in one year but could go on for two~ He stated that he could not guarantee continuity. Councilman Shipman said that the City must depend on their volunteer resources to provide this continuity. After a lengthy discussion, Councilman Fabian recomm- ended setting .01¢ on the tax rate for this program. Councilman Adams said that they must look at the whole budget first. 5. CONSIDER PLANS FOR PARK AND RECREATION IN THE CITY Mr. Hart told the Council that one-half of our Park grant was approved. He did explain that the reason only one-half was granted was that they felt too much land was dedicated for parks. Herschel Lindley of the firm of Schrickel Rollins who prepared this grant recommended that we apply for an addition- al grant using the thirty acre tract located in the northeast section of the City. Mr~ Hart then presented a possible option to the Council. He stated that $100,000.00 was approved at the April 7, 1978 bond elections to purchase 24 acres west of F.M. 423. He proposed that this bond money be used for park facilities. The Council directed Mr. Hart to check into the legality of this use of bond money. Councilman Adams suggested that Public Hearings be held to get citizen i~nput on the use of this money. 11. OTHER MATTERS THAT MAY COME BEFORE THE COUNCIL Councilman Longo asked that the Mayor move to agenda item eleven to give members of The Colony Volunteer Fire Department an opportunity to speak. David Tucker acted as spokesman for the group and asked if the Chief has had the support of the Council and why did this action occur? There followed a lengthy discussion of the recent happenings involving the Fire Department. The Council assured them that the Department had the full support of the Council and would insist that a chain-of-command be used in all grievences. Mr. Hart explained that the City Council set policies which he, as City Manager, implements by issuing directives to the Fire Chief. Councilman Shipman is the official liason, and Mr. Hart assured the Council that he,would,he used by the City Staff as well. 6. CONSIDERATION OF A SECOND READING OF AN ORDINANCE ABANDONING PORTIONS OF GRIFFIN ROAD AND FOURTH ARMY MEMORIAL ROAD Mayor Turner read aloud the following captioned Ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ABANDONING PORTION OF GRIFFIN ROAD (ALSO KNOWN AS CkMEY ROAD), AND FOURTH ARMY MEMORIAL ROAD IN FAVOR OF THE ABUTTING PROPERTY OWNER, IN- TERNATIONAL BUSINESS MACHINES CORPORATION FOR AND IN CONSIDERA- TION OF THE SUM OF $117,529.00; PROVIDING THAT SUCH ABANDONMENT SHALL BE ALL THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUIT CLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DENTON COUNTY, TEXAS; PROVIDING FOR AN EFFECTIVE DATE. Councilman Adams moved to approve the second reading of the Road abandonment Ordinance. Councilman Shearer seconded this motion. Mr. Hart read a letter from Fox & Jacobs stating as landowners they also were in favor of the closing of Camey Road (Griffin Road) and a letter from International Business Machines agreeing to the following conditions: 1. IBM will permit all utility easements within such roadways to remain, and will deal directly with the utilities for relocation not later than the time for development of the property. IBM will hold The Colony harmless from any loss or expense in connection with the relocation of such utilities. 2. IBM will pay The Colony for the land contained in such rights-of-way, (a) by the transfer of 1.4955 acres of land to Che C~ty for the widening 000480 of Paige Road north of Colony Boulevard, and (b) a cash payment of the difference in the acreage at the rate of $6,500 per acre. We have not seen the computations on the acreage, but according to the figures in Mr. Hunsicker's letter of August 20, the difference in acreage would be 10.3145 acres at $6,500 per acre; 3. IBM will pay The Colony for the improvements on the three (3) roads which Mr. Hunsicker values at a total of $97,231.00; 4. IBM will pay for the cost of paving North Paige Road on the land owned by it (approximately 1400 feet) which is estimated at $113,000; 5. In the event that The Colony or Fox & Jacobs acquires lane east of the Frisco Railroad for connecting Fourth Army Memorial Road to the gravel road leading north Out of Camey, IBM will pay the cost of gravelling the extension nOrth approximately 2,000 feet, so that it may turn west to cross the railroad at the northeast corner of IBM's property, Councilman Fabian asked about the status of a Hold Harmless letter from International Business Machines as the City Attorney requested regarding potential lawsuits to be filed against Correction the City. * Mr. Hart answered that it had been determined by on final page our City Attorney Rob Dillard that this letter is not necessary. Councilman Fabian stated that this had not been explained to his satisfaction since this is regarding potential suits against the City. Councilman Fabian then moved to table the second reading of this Road Abandonment Ordinance for one week for further consideration. Seconded by Councilman Longo, the motion was defeated by the following roll call vote: Ayes: Councilman Longo, Councilman Fabian Noes: Councilman Adams, Councilman Shearer, Councilman Shipman After a brief discussion, Mayor Turner called for a vote on the original motion made by Councilman Adams to approve the second reading of this Ordinance. The motion was passed by the following roll call vote: Ayes: Councilman Longo, Councilman Adams, Councilman Shearer, Councilman Shipman Noes: Councilman Fabian 7. CONSIDERATION OF CALLING A PUBLIC HEARING ON A ZONING CHANGE REQUEST CONCERNING 2.35 ACRES LOCATED AT THE SOUTHEAST CORNER OF BLAIR OAKS AND CLOVER VALLEY. 9. CONSIDERATION OF CALLING A PUBLIC HEARING REGARDING THE ANNEXATION OF THE FOLLOWING GENERALLY DESCRIBED LAND TRACTS: A. APPROXIMATELY 15 ACRES LOCATED WEST OF FM.#423 AT THE NASH DRIVE INTERSECTION. B. APPROXIMATELY 5 ACRES LOCATED ~ST OF FM. #423 SOUTH OF COLONY BOULEVARD. C. APPROXIMATELY 5 ACRES LOCATED ADJACENT AND SOUTH OF TRACT Janice Carroll requested that the Council call for Public Hearings on the above agenda items. Councilman Longo requested that these hearings be held at the Methodist Church to allow adequate seating of all citizens. Councilman Adams then moved that a Public Hearing 000431 be called on a zoning change requested by J~F, Skinner and Melvin Schuler on a 2.35 acre land tract located on the southeast corner of Clover Valley and Blair Oaks Road, and that a Public Hearing be called on the unilateral annexiation of three land tracts located west of F.M. #423 and bounded on two sides by The Colony city limits, both hearings to be held on October 1, 1979. Seconded by Councilman Fabian, the motion was carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None 8. CONSIDERATION OF A RESOLUTION ESTABLISHING POPULATION FOR THE CITY Janice Carroll, City Secretary, stated that as of September 1, 1979 the City had 3,349 water utilitiy hookups. The Council determined that the factor of 2.99 persons per household shall be the multiPlying factor. Councilman Shearer then moved that based on these figures the population of the City of The Colony is presently 10,013 and'said figure shall.be shownon .all City limit signs to be erected by the Texas Department of High- ways and Public Transportation. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 10. REVIEW AND STUDY OF THE PROPOSED BUDGET FY 1979/80 After a ten minute recess, the Council continued to Agenda Item #10. There followed a detailed discussion of the proposed bud- - get. The Council did agree to several changes. In the Police Department $550.00 will be added to the misc. supplies account for trauma kits to be carried in all squad cars. They agreed to keep $15,000.00 in Community Development for Park & Recreation. Councilman Adams asked $1,500.00 be added for a CPR Program being organized by a DentiSt officeing in the Colony Shopping Canter, Dr. William Manning. These funds will be for Resusi Annes and other supplies that can also be used by the Fire Department. Councilman Fabian stated that this should be in a special account. The Council agreed. Councilman Longo requested that $775.00 be added in a separate Fire Department account for a portable gen- erator to be purchased at Texas Supplies. The Council also agreed to add $1,000.00 to the Police Deparment budget for Reserve Officer training. Due to the resignation of The Colony Volunteer Fire Department Chief, the Council sgraed to add monies for a paid Chief. The Chief shall be paid a salary of $1,500.00 and furnished a vehicle. Mr. Hart recommended that this salary be budgeted from Decemberl, 1979. The Council discussed possible funding for this position if the position was labeled as Director of Emergency Services and would coordinate all Civil Defense Preparedness activities. Regarding Municipal building facilities, Mr. Hart recommended that the City purchase another trailer to be used as temporary office facilities and prepare for a bond election in December. There followed a lengthy discussion regarding future plans and the proper utilization of the monies to be received from Inter- national Business Machines Corporation. Councilman Shearer recom- mended a 20¢ tax rate with a contingency reserve of $24,000.00. Mr. Hart recommended a 22¢ tax rate based on the following app- roximate figures: $661,929.54 Operations 100,000.00 Interest and Sinking Fund 51,480.00 Contingency Fund $813,409.00 Total Expenditures Councilman Fabian recommended a 17¢ tax rate based on the use 000432 of the monies from International Business Machines Corporation. Councilman Fabian opposed the use of property tax revenue for a reserve account. The Council agreed that a Special Session was needed prior to the first reading of the budget Ordinance to reach an agreement. The Council agreed that they would meet Sunday, September 9, 1979 at 8:00 a.m. There being no further action to be taken by the Council, Council- man Shearer moved that the meeting be adjourned. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 1:20 a.m. ~i~hard T~rn~ A~: Mayor * Councilman Fabiau stated that in a private conversation with Mr. Bob Thomas, IBM's Attorney, that he did state that IBM would be willing to provide a Hold HarmIess letter to the City.