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HomeMy WebLinkAbout03/23/1981 City Council 000818 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MARCH 23, 1981 A REGULAR MEETING of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Richard Turner Mayor William J. Longo Councilman Norman Adeler Councilman Gary Shipman Councilman Dave Brown Councilman thus a quorum was established. 1. BRIEFING SESSION The Council did meet in a briefing session from 7:30 to 8 p.m. to review the following agenda items. No action was taken at this time. 2. RECEIVE REQUEST FROM COLONY BASEBALL ASSOCIATION FOR THE USE OF A STORAGE BUILDING Mr. Charlie Parker, President of The Colony Baseball Association, requested the use of a portable building to be located adjacent to the North Colony playing fields to enable the association to store some of their athletic equipment as well as the "marble dust" for the marking of the fields. Councilman Longo clarified that the building would not be located on the easement. Mr. Parker advised that it would not, and that they were looking into having power run to the building and possibly could have installed a guard light to cut down on vandalism. Councilman Longo expressed the only concern of the Council that this storage building should not become an "eye- sore" to the community. Mr. Parker assured the Council that it would not. Councilman Longo moved to approve the use of this building. Councilman Brown seconded this motion. Councilman Adeler did want it clarified prior to voting that the city would have no responsibility regarding vandalism to this building. Mayor Turner then called for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. RECEIVE REPORT REGARDING TML/TPL RATE NEGOTIATIONS Mr. Bill White, consultant to the city, advised the Council that he did attend the meeting in Richardson sponsored by the Texas Municipal League and told the Council that this steering committee did plan to look into the accounting procedures of TP&L and construction costs of TP&L. Also, this study would be done at no cost to the city. He did advise the Council that he would keep them updated on this item. 4. PUBLIC HEARING REGARDING A ZONING CHANGE REQUEST FROM FOX & JACOBS FOR PROPERTY PRESENTLY ZONED AS SINGLE FAMILY TO A DUPLEX CLASSIFICA- TION ON 48.3 ACRES OF LAND LOCATED IN PHASE V IN THE NORTHEAST AREA OF THE CITY Councilman Longo moved to table this item for further study by the staff. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -1- 000819 5. CONSIDERATION OF PHASE V FINAL PLAT Councilman Longo moved to table this also for further study by the staff. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 6. PUBLIC HEARING REGARDING A ZONING CHANGE REQUEST FROM LEWISVILLE INDEPENDENT SCHOOL DISTRICT ACTING AS AGENT FOR FOX & JACOBS FOR PROPERTY PRESENTLY ZONED AS SINGLE FAMILY TO A SPECIFIC USE/SCHOOL CLASSIFICATION. SAID PROPERTY BEING A 10 ACRE TRACT LOCATED ON STEWART'S CREEK PENINSULA AT THE INTERSECTION OF AUGUSTA STREET AND ANDERSON DRIVE Councilman Shipman moved to open the hearing. Seconded by Councilman Brown, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Scott North, a member of the audience, did state that he was in approval of this zoning change as adequate schooling was essential to the city's growth. Helen Grey, a member of the audience, asked when this school would be started. Mr. Hart advised Mrs. Grey that the construction start date would be in approximately four months. There was some concern regarding the proper crosswalk areas on 423 for the children going to this school on Stewart's Creek Peninsula. Mr. Bradburry, Director of Community Develop- ment, also advised the Council that the staff was concerned with the traffic flow around the school and that a permit would not be issued until this was worked out with the school district. Mr. Hart also said that the school district was concerned with the city's stand on the issuance of a permit for the construction of this school. Councilman Shipman said that since the school had changed their policy regarding the use of their facilities by the city, he was in favor of waiving permit fees. It was decided that this would be discussed at a later date. Councilman Shipman then moved to close the hearing and direct the city manager to have an amendment ordinance prepared. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 20. CONSIDERATION OF REQUEST FROM CHAMBER OF COMMERCE INDUSTRIAL DEVELOPMENT COMMITTEE Mr. Mark Rush, President of The Colony Bank, presented a formal request to the Council that in accordance with Act of 1979, the Council sanction an industrial committee to ensure that available land be developed with the highest and best use. This committee would work actively in attracting commercial development which in turn would increase the city's tax revenue. Mr. Rush further advised that Pete Tart of McCall, Parkhurst and Horton would provide all paperwork free of charge. Mr. Adeler asked what would be the first step in this process. Mr. Rush stated that first a resolution of intent must be passed by the Council and also that he would, if the Council so desired, supply names of people willing to serve upon this committee. After a general discussion of this committee and its purpose, Councilman Adeler moved that the staff be directed to prepare this resolution of intent. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -2- 7. PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE TO REQUIRE A SPECIFIC USE ZONING FOR ESTABLISH- MENTS SERVING BEER, WINE OR LIQUOR Councilman Longo moved that this be tabled until a recommendation can be received from the Planning & Zoning Commission. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. PUBLIC HEARING REGARDING PROPOSED AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE TO ESTABLISH A GENERAL DEFINITION FOR A "CARPORT" Councilman Longo moved that this item also be tabled until the report can be received from the Planning & Zoning Commission. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. DISCUSSION OF PROPOSED BOND ELECTION Mr. Hart presented to the Council the following breakdown of costs for the widening of 423: Estimated total cost of project $4.9 million City's Share (estimated) $1,108,244 (Fox & Jacobs to Right-of-Way Acquisition pay two-thirds of this, Utility Movement the city one-third) Curb and Gutter Drainage City's one-third share $ 380,000 Amount needed on bond proposition including fiscal agent cost and bond council cost $ 380,000 Councilman Shipman was concerned with the amount of right-of-way involved. Mr. Hart advised the Council that F&J owned 98% of the right-of-way. Councilman Shipman and Councilman Longo were concerned that F&J had pre- viously agreed to relinquish this right-of-way free of charge. A letter was pulled for the Council to review from Mr. Ron Walden of Fox & Jacobs stating this. After further discussion, it was concurred that the new cost to the city would be $262,227 rather than $380,000 which was presented initially. Councilman Longo requested that the staff discuss with all utilities concerned the option of lines being moved free of charge. After further discussion it was concurred that if the meetings could be held and the final figures procured the Council would entertain an ordinance calling the bond election for May 9, 1981. 10. CONSIDERATION OF APPROVAL OF FINAL CONSTRUCTION DRAW FOR FIRE STATION #2 FROM AUTHORIZED BOND FUNDS Mr. Hart read aloud the following letter from T. A. Pritchard Construc- tion Company: Re: Letter of March 6, 1981 to Mr. Raymond E. Clark Dear Mr. Hart: I would like to take this opportunity to respond to your above-referenced letter and perhaps, in so doing, this situation may then be resolved to everyone's satisfaction. -3- 00082.1. WARRANTY ITEMS I. It is the consensus of opinion (Architect's and General Contractor) that the problem of cracks is inherent in a post-tension design. I am afraid Mr. Gerson would have been remiss in suggesting, if in fact he did, that he could control or rectify this situation. II. I will once again have the subcontractor attend to the stucco problem. Please be advised that the possibility of stucco cracks appearing, at a future date, is very real because of the floating slab design which permits this constant shifting. III. The scratches that were reported in Report #5 were corrected. Any new scratches would be as a result of the installation of new hard- ware. This will be attended to. IV. This item does not appear on Report #16 or #17 and was therefore assumed to have been corrected. I will have a member of our company examine and correct any deficiency. V. I will contact the roofing subcontractor for corrective action. VI. Subsequent letters have been written by Amarillo Concrete and myself with the final acknowledgement and understanding that this is probably an area of responsibility belonging to the General Contractor. Once again this did not appear on Reports # 16 or #17 but our company is prepared to take remedial action. VII. The plans did not call for a drip rail over the rear door. I have discussed (by telephone on March 19, 1981) with Mr. Clark the problem of the frame movement, and we will attempt to implement his suggestion of angle braces. VIII. I am not quite certain how we became responsible for the installation of the T.V. antenna; but if we did, in fact, install it and the plans are clear as to the installation procedure then we will do it again. IX. I, personally, met with the plumber early one morning at the fire station; however, on that particular occasion, the problem was not evident. I would encourage the members of the fire department to contact the plumber directly the next time the problem is noticed. I did describe the situation to him, and he was unable to offer an explanation as to the possible cause, but he did indicate a willingness to take corrective action the next time it was brought to his attention. NON-WARRANTY ITEMS I. I will bring this item to the attention of the concrete subcontractor. II. Report #17 indicates that warranty items should not stall final payment. I have completed all non-warranty items listed in Report #16 with exception of the movement in the rear door frame which may, in fact, be a design problem. Appended to this letter please find a copy of a letter to Mr. Clark dated December 3, 1980, in which it indicates that the city is protected against any claims such as Amarillo Concrete Contractors may alledgedly have. As promised, in our telephone conversation of March 5, 1981, I have addressed myself to each of your complaints. I will therefore assume that final payment will be made to me at 11:00 a.m. on Tuesday, March 24, 1981. Contrary to your staff members belief, I am a person of my word and our company stands behind its construction. We have been in business in the Metroplex for a goodly number of years and have no plans to desert an area that has been good to us. -4- 000822 As a member in good standing of the Associated General Contractors of America, it is important for our company to enjoy a good reputation; and we can only continue to do so by fulfilling our commitments. Responsiveness to warranty calls plays as a big role in this reputation as does the actual construction. At the beginning of each fiscal year, monies are allocated for warranty-related expenditures which is part of being a reputable General Contractor. Frankly, Mr. Hart, it would be more economically feasible and a benefit to us to reach a settlement whereby you keep the final payment and you correct all the previously indicated items. However, the T. A. Pritchard Company, Inc. and I do not do business that way. Cordially, T. A. PRITCHARD CO., INC. (s) Paul J. Pressley PJP:jl Regional Project Manager Enclosure cc: Mr. Raymond E. Clark Councilman Shipman stated that based upon this letter he would move that the final draw of $2,500 be approved. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 11. CONSIDERATION OF PROPOSED TEXAS MUNICIPAL RETIREMENT SYSTEM AND FIRST READING OF AUTHORIZATION ORDINANCES A. CONSIDERATION OF AN ORDINANCE ENTERING TMRS B. CONSIDERATION OF AN ORDINANCE ADDING SUPPLEMENTAL BENEFITS TO THE TMRS PROGRAM C. CONSIDERATION OF AN ORDINANCE ADDING SUPPLEMENTAL DEATH BENEFITS TO THE TMRS PROGRAM Mr. Hart advised the Council that three ordinances were involved to ensure that the city be properly enrolled in the TMRS Program. He did recommend that the city adopt a two to one city match, with the employee putting in 5% and the city matching it 10%. Actuarially, the city's portion would be only 3.4%. The Council did agree, however, Councilman Longo did request that the staff look into a buy-back procedure for employees that had been previously enrolled in TMRS in other cities. A. Mr. Hart read aloud the following captioned ordinance: AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE CITY OF THE COLONY, TEXAS. Councilman Longo moved to adopt this ordinance upon first reading. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None B. Mr. Hart read aloud the following captioned ordinance: AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE SUPPLEMENTAL BENEFITS FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY ALL DEPARTMENTS OF THE CITY GOVERNMENT WHICH NOW PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; AND PROVIDING FOR PAYMENT OF THE CITY'S CONTRIBUTIONS ON ACCOUNT OF SUCH PARTICIPATION. Councilman Adeler moved that this ordinance be adopted upon first reading. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -5- 000828 C. Mayor Turner read aloud the following captioned ordinance: AN ORDINANCE PROVIDING FOR PARTICIPATION OF THE CITY IN THE SUPPLEMENTAL DEATH BENEFITS FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM, TO PROVIDE CERTAIN IN-SERVICE DEATH BENEFITS FOR EMPLOYEES, AND DEATH BENEFITS FOR ANNUITANTS WHOSE LAST EMPLOYMENT BEFORE RETIREMENT WAS WITH THE CITY OF THE COLONY, TEXAS. Councilman Longo moved that this ordinance be adopted upon first reading. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Shipman noted that we should receive a legal opinion regarding the city manager, as his resignation was in effect April 15, 1981. 12. CONSIDERATION OF RESOLUTION ESTABLISHING DEFERRED COMPENSATION PLAN Mr. Joel Larkin representing International City Management Association presented the plan to the Council. After a brief discussion, Mayor Turner read aloud the following resolution: WHEREAS, the City of The Colony has in its employ certain personnel; and WHEREAS, said employees are and will be rendering valuable services to the City of The Colony; and WHEREAS, the City of The Colony has considered the establish- ment of a Deferred Compensation Plan for the said employees made available to the City of The Colony and to said employees by the International City Management Association Retirement Corporation; and WHEREAS, said employees often are unable to acquire retire- ment security under other existing and available retirement plans due to the contingencies of employment mobility; and WHEREAS, the City of The Colony receives benefits under said plans by being able to assure reasonable retirement security to said employees, by being more able to attract competent personnel to its service, and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits. NOW, THEREFORE, BE IT RESOLVED that the City of The Colony establish said Deferred Compensation Plan for said employees and hereby authorizes its Mayor to execute the Deferred Compensation Plan with the International City Management Association Retirement Corporation, attached hereto as Appendix A; and IT IS FURTHER RESOLVED that the City Manager may, on behalf of the City of The Colony execute all Joinder Agreements with said employees and other eligible officials and officers, which are necessary for said persons participation in the Plan, an example of which appears at Appendix B, except that any Joinder Agreement for said designated official shall be executed by the Mayor. PASSED AND APPROVED THIS THE 23 DAY OF MARCH, 1981. ATTEST: (s) RICHARD TURNER, MAYOR JANICE CARROLL, CITY SECRETARY Councilman Shipman moved to approve the reading of this resolution. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. ACCEPTANCE AND AWARDING RADAR BID AND FIRST READING OF AUTHORIZATION ORDINANCE ON SAME -6- 000824 Councilman Shipman moved to reject all bids and go out for new bids when proper legislation had been determined. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 14. CONSIDERATION OF RESOLUTION ADOPTING A "CITIZEN INPUT" PROCEDURE FOR CITY COUNCIL MEETINGS Mayor Turner read aloud the following resolution: WHEREAS, the City Council is always concerned with the general welfare of the citizens of The Colony and of those citizens who are involved intimately in the workings of our City. WHEREAS, the City Council is supportive of all endeavors in the City of The Colony which are for the acknowledgment and appreciation of our citizens involved in the workings of our City. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY: That the following be adopted as the procedure for citizens to follow when they wish to speak before the City Council: 1. Citizen request to appear before the Council regarding a parti- cular subject. a. Submit a letter to the Mayor in care of the City Secretary's office explaining the request and include backup informa- tion for the Council's packet if necessary. *b. Mayor will place on the Council agenda as soon as practicable. c. Citizen will be notified as to the date of the Council meeting and place on the agenda. * A time limit has not been provided as a citizen cannot be guaranteed that he would appear before the Council on a particular date. 2. General Citizen Input a. The second and fourth Mondays of each month are City Council work sessions and, at these meetings, citizen input on items not listed on the agenda will be permitted. b. A list will be provided for citizens to sign prior to the meeting if they would like to speak. c. Each speaker must identify himself and limit presentation to five minutes. d. The Mayor does have the responsibility and right to rule a citizen out of order and ask that he relinquish the floor. e. TheCouncil cannot take action on a subject that is not specifically listed on the agenda but will put it on a future meeting for action or refer it to the proper city department. PASSED AND APPROVED THIS THE 23 DAY OF MARCH, 1981. ATTEST: (s) RICHARD TURNER, MAYOR (s) JANICE CARROLL, CITY SECRETARY Councilman Shipman did note that any agenda item was always open for dis- cussion from the floor. There followed a brief discussion regarding time limits for citizens. After discussion, Councilman Shipman moved that this resolution be approved. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Janice Carroll, City Secretary, did request that the newspapers give this particular resolution adequate publicity, as it would be of interest to the citizens of The Colony. 15. CONSIDERATION OF NAME FOR PROPOSED ELEMENTARY SCHOOL Mr. Bill White advised the Council that, as a courtesy, LISD did request suggestions from the city but that they were not needed until July. Councilman Longo requested that they pursue historical names as they had -7- 00082 5 in the past for this school. The Council concurred. 16. CONSIDERATION OF FIRST READING OF ORDINANCE ADOPTING PERSONNEL POLICIES AND PROCEDURES Mayor Turner read aloud in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ADOPTING A PERSONNEL POLICIES MANUAL; ATTACHING THE MANUAL AS EXHIBIT "A"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Shipman moved to approve this ordinance upon first reading. Councilman Longo seconded this motion but did point out that he would like Section 11.3 regarding the appeal procedure to reflect the City Council as the final grievance authority for appeals relating to termination of employees. The Council concurred that this correction should be made prior to second reading. After a brief discussion, Councilman Shipman then moved to approve the first reading of this ordi- nance with this correction. This motion was seconded by Councilman Adeler and passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 17. CONSIDERATION OF SECOND READING OF TRAFFIC ORDINANCE Mayor Turner read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, GOVERNING TRAFFIC AND MOTOR VEHICLE OPERATION; PROVIDING DEFINITIONS; PROVIDING FOR A TRAFFIC ADMINISTRATOR; PROVIDING SPEED REGULATIONS; PROVIDING TRUCK ROUTES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; REPEALING ORDINANCES NUMBER 29, 41, 47, 75, 97 and 98; AND PROVIDING AN EFFECTIVE DATE. Councilman Longo moved to approve this ordinance upon second reading. This motion was seconded by Councilman Adeler. Prior to voting, Councilman Longo noted that he did have an appointment with Frank Graham of Fox & Jacobs regarding possible locations for the parking of trucks. Mr. Hart advised the members of the audience that the new school zone speed limits would be looked into. The motion was then passed by the following roll call vote: Ayes: All members present voted aye Noes: None 18. CONSIDERATION OF APPOINTMENT OF TRAFFIC ADMINISTRATOR Mr. Hart did advise that Mike Cummings of Hunter & Associates, the engineering consulting firm retained by the city, be appointed as traffic administrator. Councilman Longo did disagree with this appointment stating that this was a very powerful position and should be awarded to Mr. Bradburry. Mr. Hart explained that the traffic administrator or his designee would work only on orders from the city. Councilman Shipman then moved to approve the appointment of Mike Cummings of Hunter & Associates traffic administrator. The motion was seconded by Councilman Brown. After further discussion regarding this appointment, Mayor Turner called for a vote upon the motion on the floor. The motion carried by the following roll call vote: Ayes: Councilmen Adeler, Shipman and Brown Noes: Councilman Longo 19. CONSIDERATION OF RESOLUTION REGARDING VOLUNTEER FIREMEN COMPENSATION Councilman Longo stated that he felt there was pending legislation regarding this, and it was important that the Council show support. He also requested -8- 0008 6 that a copy be sent to TML to urge their support on this matter. Mayor Turner then read aloud the following resolution: WHEREAS crucial fire protection services and medical services are provided solely through the efforts of dedicated volunteers, many of whom sacrifice greatly in personal terms to help protect their friends and neighbors from the ravages of destructive fire and medical misfor- tune, and WHEREAS many cities are hard pressed to maintain and improve their firefighting and medical capabilities because of inflation, and WHEREAS volunteer fire departments currently are having great difficulty in recruiting new members for firefighting and emergency medical services, NOW THEREFORE BE IT RESOLVED that we the City Council of the City of The Colony, Texas, adopt this resolution requesting that you support and introduce sensible legislation that would give tax relief to volunteer firefighters and medical personnel, to give more incentive to men and women who give so much to their communities for very little in return. PASSED AND APPROVED THIS 16 DAY OF MARCH, 1981. ATTEST: (s) RICHARD TURNER, MAYOR JANICE CARROLL, CITY SECRETARY Councilman Longo moved that this resolution be approved. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 21. CLOSED DOOR SESSION DEALING WITH POLICE DEPARTMENT PERSONNEL HIRING STATUS Mayor Turner announced that in accordance with Article 6252-17 of Vernon's Annotated Civil Statutes, the Council would meet in closed-door session to review Police Department hiring. He stated that no action would be taken on this agenda item. There being no further action to be taken by the Council upon reconvening in open session, Councilman Longo moved that the meeting be adjourned. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 12:30 a.m. ATTEST: JAN~CARROLL, CITY SECRETARY -9-