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HomeMy WebLinkAbout05/04/1981 City Council 000884 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MAY 4, 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 Norman Adeler Councilman Gary Shipman Councilman Dave Brown Councilman and with Councilman Scott North absent due to a business conflict; however, a quorum was established. 1. BRIEFING SESSION The Council did meet in a briefing session to discuss the following agenda items. No action was taken at this time. 2. APPROVAL OF MINUTES Mr. Wes Gray, liaison between The Colony Municipal Utility District and the city, stated that in Item 4 of the minutes of April 20, 1981, concerning the MUD report, the last sentence of this item should have read "Mr. Gray stated that Carrollton was not in favor of paying for the size line that MUD felt was needed for this service." Councilman Brown moved that the minutes of April 20 and April 27, 1981, be approved with the above-noted correction. Seconded by Councilman Adeler, the motion passed by the following vote: Ayes: All members voted aye Noes: None CONSIDERATION OF RESOLUTION REGARDING INDUSTRIAL DEVELOPMENT CORPORATION At this time, Mayor Turner introduced Mr. Mark Rush, President of The Colony Bank and Chairman of the Industrial Development Committee. Mr. Rush spoke to the Council and members of the audience regarding the Texas Industrial Planning Seminar held in Austin on April 22, which had been presented at the Work Session on April 27. Mr. Rush informed those present that a follow-up meeting was held April 29 for the purpose of setting up the different committees necessary to do the various tasks of this corporation. Mr. Rush stated that approximately ten committees would be necessary. Mr. Ruth informed those present that this corporation is now formed but will be dormant until an actual applicant becomes interested in its services. The corporation is under absolutely no lia- bility; it is necessary for any proposed development to have an under- writer willing to stand any loss which may occur. At this time, Mayor Turner read aloud the following resolution: RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT INDUS- TRIAL DEVELOPMENT CORPORATION TO ACT ON BEHALF OF THE COLONY, TEXAS WHEREAS, an application in writing requesting the authoriza- tion and approval of the creation of a nonprofit industrial development corporation to act on behalf of the City of The Colony, Texas (the "City") under the provisions of the "Development Corporation Act of 1979" has been filed with the governing body of the City (being its City Council) by at least three natural persons, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City; and WHEREAS, the City is a duly created City and political subdivision of the State of Texas created and established under the Constitution and laws of the State of Texas. -1- 0008 5 5 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That, the governing body of the City has found and determined, and hereby finds and determines, that said application is in proper form and that it has been signed by at least three natural persons, each of whom is at least 18 years of age, and each of whom is a qualified elector of the City. Section 2. That, the governing body of the City has found and determined, and hereby finds and determines, that it is advisable that a nonprofit industrial development corporation be authorized and --' created, with such nonprofit industrial development corporation to be known as the "The Colony Industrial Development Corporation". Section 3. That, the governing body of the City hereby approves the Articles of Incorporation and the Bylaws proposed to be used in organizing the nonprofit industrial development corporation (copies of which were attached to the above-described application and copies of which are attached to this Resolution and made a part hereof for all purposes) and hereby grants authority for the incorporation of the nonprofit industrial development corporation, and the initial directors named in said Articles of Incorporation shall be deemed to have been appointed, and are hereby appointed, as the initial directors by the governing body of the City. Section 4. That, the public purposes of the City which the nonprofit industrial development corporation may further on behalf of the City are the promotion and development of commercial, industrial, and manufacturing enterprises to promote and encourage employment and the public welfare. Section 5. That, the nonprofit industrial development cor- poration is hereby authorized to agree with any person, firm, corporation, or other entity to issue bonds, in accordance with and subject to the provisions of the Development Corporation Act of 1979, not to exceed ~ $10,000,000 in principal amount for any one project, unless a greater principal amount specifically is approved by resolution of the governing body of the City for the purpose of the promotion and development of any commercial, industrial, or manufacturing enterprise, and all such agree- ments are hereby approved. Councilman Adeler moved to approve this Resolution. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF VEHICLE ALLOWANCE INCREASE FOR CITY INSPECTORS This was discussed in detail at the meeting of April 20, at which time Mr. Bill White presented a study to the Council. The matter was again discussed by Council at their work session meeting of April 27, at which time Mr. Harvey Robb was present to answer questions. This increase will bring the vehicle allowance for all inspectors up to $325 per month. Councilman Shipman made the motion to approve this vehicle allowance of $325 per month. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye ~. Noes: None 5. RECEIVE REPORT REGARDING STATUS OF PARK GRANTS Mr. Rick Herold, Director of the Aprk and Recreation Department, was present to report to the Council regarding these grants. Mr. Herold had met with Mr. Victor Baxter of Schrickel, Rollins & Associates on April 28. The final approval has been received from the state on these grants. Advertisements for bids were placed in the Dallas papers on May 3, in the Colony Courier on May 8, and the date set for opening of the bids is May 21. Work on the parks is scheduled to begin on June 15, advised Mr. Herold. The amount involved will be over $300,000, and the work involves four parks. -2- O0O866 Mr. Bill Longo, a member of the audience, wished to know about jogging trails on the TP&L easement, as he had thought that this was to be a bicycle path. He was told that the jogging trail was what was set out in the grant. 6. CONSIDERATION OF LIONS CLUB PARK DEVELOPMENT Mr. Bob Lux, President of The Colony Lions Club, was present to report on present and future park plans. He stated that a small slab and barbe- que grill are in place at the park. He also reported that six benches have been made which will be set in concrete. He stated that Lions Club members would be meeting with the Park and Recreation Board to present their plans for this park, as requested. The Lions Club has been in contact with someone willing to build a swing set and possibly monkey bars for the park at a reasonable price. These could possibly be placed in the flat area near the pond. Mr. Lux stated that he had a petition with 220 signatures of people who want the grill and picnic benches in this park. Mayor Turner requested at this point that Mr. Lux present the petition to the Council, and it was then turned over to the city staff. Rick Herold stated that the problem the four residents had with the pavilion was simply its location--too close to the street and houses. Councilman Shipman suggested that a procedure be drawn up stating that these organi- zations should come before the Park and Recreation Board on major changes; this board could then work with the Council. A member of the audience, who lives in this area asked if the land on Jennings Circle belonged to the city and was told that it did; this resident then made a complaint concerning the weed problem in this area. Rick Herold presented to the Council a written report concerning park procedure stating his opinion that all development should come before the Park and Recreation Board with final approval by the Council before work is started. Mayor Turner stated that an outline would be drawn up stating what is expected of these organizations. 7. RECEIVE REPORT ON "BACK DOOR LOUNGE" Police Chief Nick Ristagno was present to report on this situation for the Council. He stated that the main problem seemed to be the loud music which can be heard when the back door is opened. Chief Ristagno has been in contact with Mr. Kennedy, the owner of the Back Door Lounge, and advised the Council that he is willing to attempt to change the name of the lounge in order to seal off the back door. If this cannot be done, Mr. Kennedy will consider constructing a double-door entrance at the side of the building in order to cut down on noise when the door is opened. There will be an update on this situation presented at a future Council meeting. 8. CONSIDERATION OF COST TO EQUIP COMMUNICATIONS ROOM Chief Ristagno presented a written report to the Council on this and also answered questions; he also advised the Council that this item would probably go over budget by about $200 because of the problem of providing a completely secure area. After discussion, Councilman Adeler made the motion to approve $750 for this communications room. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 9. CONSIDERATION OF AWARDING MOTION RADAR BID AND AUTHORIZATION ORDI- NANCE ON SAME Chief Ristagno presented to the Council a written report outlining the following bid tabulations: MPH t @ $1285.00 2 @ $1085.00 = $2170.00 3 @ $1085.00 = $3255.00 4 @ $ 985.00 = $3940.00 -3- 00085? Kustom Signal 1 @ $1695.00 2 @ $1595.00 = $3190.00 3 @ $1450.00 = $4350.00 4 @ $1395.00 = $5580.00 Chief Ristagno explained for the Council why the lowest bid was not being recommended for approval; Kustom Signal, the high bidder, will meet National Bureau of Standards guidelines. These guidelines are expected to be passed in June or July and once passed would make MPH, the low bidder, virtually useless in court. Chief Ristagno also advised the Council that this was the second time that we had gone out for bids on these units. Councilman Shipman was concerned that Kustom Signals' bid did meet revised specifications and that the Council was justified in not awarding this bid to MPH. Chief Ristagno stated that the study done by the National Bureau of Standards showed clearly that they would not be able to meet the guidelines. At this time, Mayor Turner read the following captioned ordinance in its entirety: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR MOTION RADAR UNITS WITH KUSTOM SIGNALS; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Shipman moved to approve this ordinance. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. RECEIVE POLICE DEPARTMENT ACTIVITY REPORT Chief Ristagno advised the Council that members of the Police Department and Bill Longo were planning to construct a sun cover at Perryman Park during the coming week. Chief Ristagno also reported that the proceeds from the "Florida Boys" concert sponsored by the Police Department brought in $500, which he wished to donate to the Park and Recreation Department for juvenile programs. At this time, Chief Ristagno presented the check for $500 to Rick Herold. 11. CONSIDERATION OF FENCING PROPOSAL FOR ANIMAL SHELTER Chief Ristagno stated that there has been a problem with people breaking into the animal shelter. Also, there is currently no isolation cage for animals suspected of having rabies. At this time, one side of the shelter area is fenced where it adjoins MUD property, and Mr. Tom Forrest, Director of the Municipal Utility District, has stated that the city may tie on to this fence. In his written report to the Council, Chief Ristagno recommended six foot fencing around the shelter with 3 strands of barbed wire for a total height of 7 feet. He presented estimates from three fence companies: 1. Pioneer Fence $1734.00 2. Cox Fence $1455.00 3. Delta Fence $1330.00 This expenditure would require a transfer of funds. Councilman Shipman expressed the opinion that this would be a wise thing to do, especially in view of the fact that the city could be sued if an animal injured anyone due to this situation. Councilman Brown made the motion to approve the lowest estimate from Delta Fence in the amount of $1,330 as a fund transfer, from the Police Department Personnel account. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -4- 000888 13. PRESENTATION OF MAYOR'S AWARD Councilman Shipman moved to table this award. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 12. CLOSED DOOR SESSION A. REVIEW OF CITY MANAGER RESUMES B. PARK AND RECREATION DEPARTMENT Mayor Turner announced this closed-door session and stated that no action would be taken at this time. Upon reconvening in open session, there being no further business to be conducted by the Council, Councilman North made the motion to adjourn the meeting. Seconded by Councilman Brown, 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, ATTE ST: JANI~A~tROLL, CITY SECRETARY