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HomeMy WebLinkAbout10/06/1980 City Council 000697 NINUTF_.S OF ~ CITY COUNCIL OF THE CITY OF THE COLONY H~.D ON OCTOBER 6, 1980 A REGULAR MEETING of the City Council was called to order with the following members present: - Richard Turner Mayor William J. Longo Councilman Linda A. Adams Councilman Norman AHeler Councilman Gary Shipran Councilman Greg Norwood Councilman and with all members present, thus, a quorum was established. 1. BRIEFING SESSION. The Council met in a briefing session from 7:30 to 8:00 p.m. to discuss the items under consideration. No action was taken on this agenda item. 2. APPROVAL OF MINUTES. Councilman Adams moved that the minutes of September 22, 1980 be approved as presented. Seconded, by Councilman Shipman, the motion was passed Dy the following roll call vote: Ayes: All m~mbers present voted aye Noes: None 3. CONSIDERATION OF RESOLUTION ESTABLISHING OCTOBER 8, 1980 AS WORLD LIONS SERVICE DAY. Mayor Turner read aloud the following Proclamation: To make all people more fully aware of the significance of the achievements Of the Lions Club members at work today throughout the world, I, Richard Turner, do hereby proclaim October 8, 1980 as World Lions Service Day. I urge all citizens of The Colony to mark this occasion as a special observance in recognition of the numerous services provided Dy The Colony Lions Club to the needy and the lonely. Passed and approved by the City Council of the City of The Colony,, The Colony, Texas, on the 6thday of October, 1980. In witness thereof, I have hereunto set my hand. Mayor Turner then introduced Bobby Brooks, President of Lions Club, he did explain that the profit received by the Lions CluD at the Annual Chili Cookoff held on October 4, 1980, woulH be used for two purposes. The Lions Club did plan on putting part of the revenue received Dack into further i~provements at the Nash/Jennings Park Site and that a certain percentage had been dedicated to be donated to the Lions Crippled Childrens Camp in Kerrville, Texas. Councilman Longo moved that the Proclamation De approved. Seconded, by Councilman Norwood, the motion was passed Dy the following roll call vote: Ayes: Ail members present voted aye Noes: None 4. CONSIDERATION OF FENCE VARIANCE ORDINANCE. Mr. Paul Morowski requested that the Council grant a variance that would allow his fence to retain its 8½' height based upon the need of a retaining wall to provide privacy, as his backyar~ lot is on a o/stinct slope. Mr. Bradburry, Director of Conraunity Development, advised the Council that he hah no objectmons to this height and presented a picture to the Council for their consideration of the fence. He stated, that the set back of the fence at the corner was approximately 6½" inches short of the Ordinance requirement, but did not create an extreme visability problem. After due consideration Councilman Longo moved that this variance be granted. Seconded by Councilman Adams, the motion was passed by the followmng roll call vote: --1-- 000 98 Ayes: Ail members present voted aye Noes: None 5. OONSIDERATION OF FIRST READING OF CABLE TV FRANCHISE ORDINANCE. Councilman Longo requested that the Council review the Ordinance only at this time and provide for the first reading of the Ordinance at the next weeks meeting. At this time, Mr. Hart, City Manager, introduced Ben Campbell and Scott Felton President of CATV Cable Company and Joe Nalls and Seth Stevens the City's cable consultants. He stated that the Council would nc~ review the Ordinance section by section, and if any clarifications were needed, they would be done prior to first reading. During this lengthy review certain questions and changes were noted. Mr. Hart said that the City had requested that Section 4 regarding insurance be amended to require that the Cable TV Company provide to the City $1,000,000.00 Insurance. upon reviewing Section 6 Councilman Shipman did want to clarif!z that all. construction would De underground. Mr. Canpbell assured him that it of course would be. Councilm~n Longo was concerned that the City's justification for applying a 5% franchise fee on top of the rates charged to the citizens. Mr. Hart answered that it would cover staff, time and supervising in working with the Cable TV Company, as well as provide needed revenue to the City. The Council agreed that the following sentence as dictated by the City Attorney would be added to Section 7c; "In the event a cumulative total of more than 50Fo of the voting stock or ownership of the company is proposed to be sold to an entity or person, unrelated to the present owners, the prior consent of the municipality to such sale shall be required." The Council discussed at length the requiren~nt in Section 9 of the Ordinance that rates cannot be changed for two years from the date of the contract signing. Councilman Shipman asked if two years would give th~n adequate history to determine if a cost increase was necessary Mr. Campbell assured the Council that this would be adequate time to project if rates' needed to be increased even though this time period fell within actual construction. Seth Stevens concurred with the CATV representative. Regarding Section 10g, Councilman Longo, asked i~ the e~ergency override capability would be defined as a TOCAM System. The representatives stated that although TOCAM was not installed in the initial construction cables would be supplied for that installation as soon as possible. Section 10H, contains a clause that required that service be provided within 18 months to all areas for at least 50 homes were established per 5,280 cable feet. He explained to the Council that this protected the Cable TV Company frcm being required to run 1,000 or 2,000 feet o~ cable to one residence within 18 months. He also explained the Cable TV Company would provide to the City an actual certificate of deposit not a performmnce bond in the amount of $50,000.00. Councilman Shipn~nn asked the CATV Represent- atives where they were planning on building their local studio. Mr. Campbell stated that it had not been determined at this time but they were looking at the area across Paige from the shopping center. Mayor Turner asked if this would be staffed with personnel. Mr. Campbell advised that of course it would, Dut, they would work with City personnel in training them regarding the use of a studio. After further discussion Mr. Campbell did state that everything that was presented in the original bid to the City was part of the agreement between the City of The Colony and CATV. Rob Dillard, Attorney for the City, advised that a sentence can be added to the Ordinance to incorporate all bid provisions as part of this agreement. There was further discussion of actual installation of the Cable TV. Mr. Campbell told them that they would run up to 150' of underground cable to any home after the first 150' there would be additional charges. After further discussion other minor items, Mr. Hart, asked again for clarification regarding the b% franchise fee. The Council did concur with that charge. Mr. Dillard, Attorney for the City, again clarified that this would be on top of the rates charged by the Cable Con~pany to the customer. Mr. Hart told the Council the ordinance would be ready for first reading at next weeks n~eting. Mayor Turner then called for a ten minutes recess in the meeting. 6. CONSIDERATION OF PUBLIC BUILDING USE POLICY. Mr. Hart told the Council that he would like input from them regarding use of public buildings by organizations or individuals. The Council gave Mr. Hart by motion the authority to schedule the use of public buildings, but, as the City has grown and added further facilities particularly the new Fire Station #2, he would like further clarification as to possible uses and a written policy that could be written in a policy form. He stated that he did want to begin a City policy book that would include written policies upon use of buildings, travel, records, etc. After a lengthy discussion it was determined that the following points would be incorporated into a written policy that would be brought back to the Council for final adoption: 000099 1. Liquor would not be allowed upon property or public buildings. 2. Fire stations could be used only for authorized City functions, and could not be used by other organizations within the City. 3. The City Hall could be used by citizens of The Colony as authorized by the City Manager if requested in writing two weeks prior to the date needed and a deposit was provided of $25.00. 4. A definition of organizations eligible for the use of public buildings would be provided by the attorney. These organizations would be non- - political in nature, non-profit oriented, and community service oriented only. 7. CONSIDERATION OF SECOND READING OF OVER-65/DISABILITY TAX ~ON ORDINANCE. Mayor Turner read aloud the following captioned Ordinance: AN ORDINANCE OF %HE CITY OF ~ COLONY, PROVIDING FOR HOMESTEAD EXtSMPTIONS FOR DIABT.~D PERSONS OR PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER; PROVIDING FOR %HE FILING OF AFFIDAVITS; AND PROVIDING AN EFFECTIVE DATE. Councilman Longo moved to approve this ordinance upon second reading. Seconded by Councilman Norwood, the motion was passed by the following roll call vote: Ayes: Councilman Longo Councilman Adams Councilman Shipman Co~acilman Norwood Noes: None Abstentions: Councilman Adeler 8. CONSIDERATION OF SECOND READING OF ORDINANCE ADOPTING UNIFORM BUILDING CODE, 1979 EDITION. Mayor Turner read aloud the following caption: AN ORDINANCE OF %HE CITY OF %HE COLONY, TEXAS, ADOPTING THE UNIFORM BUILDING CODE, 1979 EDITION, OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; REPEALING ORDINANCE NUMBER 21 AND ALL fYlHER ORDINANCES IN CONFLICT; PROVIDING INSPECTION FEES FOR SINGLE-FAMILY RESID~WCES; PROVIDING THAT INSPECTION FEES MAY BE CHANGED BY RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED %HE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman moved to approve this Ordinance upon second reading. Seconded by Councilman Norwood, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF ACCEPTANCE OF BID AND FIRST READING OF AUTHORIZATION ORDINANCE FOR %HE PURCHASE OF ONE "ATTACK WAGON" FIRE TRUCK. Mr. Hart reviewed for the Council the following tabulations of bids received. VENDOR/CONTRACTOR TOTAL AMT. BID TOTAL AMT.ALTERNATE BID DAYS DELIV. Sunfire (All Steel) $ 39,970.00 $ 52,461.00 145 American la France (Casco) [Aluminum) 43,350.00 50,000.00 120 Superior Southwest(Alum) 41,655.00 48,637.00 180 With /979 4-wheel it would Be: 46,179.00 Mr. Hart stated that he and staff did re--nd that the bids submitted by Superior Southwest be accepted. There followed a lengthy discussion regarding a proper procedure for delivery. Mr. Dillard advised the Council that the City would incur a great deal of liability if the truck was driven back by City enployees. He advised that it be shipped or driven by employees of --5-- of Superior Southwest. At this time Mr. Hart read in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF l/qE COLONY, TEXAS AUTHORIZING CITY MANAGER TO ENTER INTO A CONTRACT FOR ONE "ATTACK WAGON" WIl/q THE FIRM OF SUPERIOR SOUIHWE~T, $47,820.00 ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. Councilman Shipman then moved to accept the bids submitted by Suerior Southwest in the amount of $47,820.00 and approved first reading of authorization ordinance. Seconded by Councilman Norwood, the motion was passed by the follc~ing roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF ACCEPTANCE OF BID AND FIRST READING OF AUYHORIZATION ORDINANCE FOR THE PURCHASE OF FIRE HOSE. Mr. Hart reviewedl the bids as received. 1. Fire Protection Service Company - 3,000' of 2~" hose; 1,200' of ½" hose. $4,770.00 for 3,000'; $1,296.00 for 1,200' 2. Casco Industries - 3,000' of 2~" hose $~, 100.00; 1,200' of ~" hose $2,352.00. 3.Superior Southwest Inc. - 3,000' 2~" hose $4,770.00; 1,200 ' of ~" hose $1,284.00. Mr. Hart, Stated that he and staff did recommend that the Council accept the bid from Superior Southwest, Incorporated. He then read aloud the following captioned ordinance: AN ORDINANCE OF ~ CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO 5NTER INTO A CfkN~qACT FOR FIRE HOSE WITH THE FIRM OF Superior Southwest, Incorporated $6,054.00. ATTACHING THE APPROVED FORM OF ~ CONTRACT AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. Councilman Norwood then ~t the bid from Superior Southwest, Incorporated be accepted and the first reading of the authorization ordinance be approved. Seconded by Councilman Adeler, the motion was passed by the following roil call vote: Ayes: All n~mbers present voted aye Noes: None 11. CONSIDERATION OF ESTABLISHING WEEKLY REGULAR MEETINGS %/qROU~q oCrOBER, 1980. Janice Carroll, City Secretary, advised the Council that at an earlier n~eting they had established regular meetings through October 6, 1980; however, it was necessary to establish regular meetings through the month of October to enable the Council to proceed with the public hearing on the tax increase and the consequent reading of the tax levy ordinance. Councilman Shipman then moved that weekly regular meetings be established through the month of October. Councilman Adams seconded this motion, but did note that she would be absent from the meeting to be held October 27th. The motion was then passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 12. EXECUTIVE SESSION ~ING PENDING LITIGATIONS. Mayor Turner announced that the Council would now meet in a closed door session with the attorney regarding pending suits as authorized by Article 62.52-17 Section 2 of Vernon's Annotated Civil Statutes. Upon reconvening in open meeting Mayor Turner announced that no action had been taken on the final agenda item. At this time Councilman AGams moved that the m~eting be adjounred. Seconded by Councilman Longo the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None --4-- 000701 Mayor Turner adjounred the meeting at 11:00 p.m. ATTEST: / / · CARROI_.~, CITY SECRETARY -b-