HomeMy WebLinkAbout12/21/1981 City Council 001080
MINUTES OF THE CITY COUNCIL
OF THE
CITY OF THE COLONY HELD ON
DECEMBER 21, 1981
A REGULAR SESSION 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
Scott North Councilman
Larry Sample Councilman
Norman Adeler Councilman
Charlie Parker Councilman
Charles Dodds Councilman
and with no members absent; thus, a quorum was established.
1. BRIEFING SESSION
At this time, Dan Savage, City Manager, did review the agenda with the
Council, going over each agenda item and action that could be taken.
2. APPROVAL OF MINUTES
Councilman Adeler moved that the minutes of DeCember 7 be approved. The
motion was seconded by Councilman Sample. However, at this time, Councilman
Dodds did note that on Page 1, Agenda Item No. 3--the Consideration of
Canvass of the Municipal Runoff Election, there was a typographical error
in the first paragraph of that document. It was so noted. At that time,
Mayor Turner called for a vote on this motion on the floor. The motion
was passed by the following roll call vote:
Ayes: Councilmen North, Sample, Adeler and Dodds
Noes: None
Abstention: Councilman Parker
3. CITIZEN INPUT
Helen Gray was recognized and advised the Council again that she was still
concerned with the upkeep of homes in The Colony, particularly the yards,
and she was also concerned with the city's upkeep of their greenbelt areas.
Marlene Poole was recognized and asked what was the criteria for hiring
an attorney. Briefly, Mr. Savage explained that the guidelines are similar
to the ones for hiring a city manager and that the attorney is hired by
the City Council with qualifications set by the City Council and that
the attorney serves at the pleasure of the Council. There is no contract
involved usually in this hiring procedure. Councilman Dodds then read
Article 5.01 of the Home Rule Charter regarding this hiring process.
Sandy Jacobs was then recognized. She stated that she has served two
terms as Councilman in the City of Carrollton and would like to request
the support of the citizens in The Colony, as she is planning to seek
the office of Denton County Commissioner, Precinct 2.
4. RECEIVE REPORT ON SANITATION CONTRACT START UP
Mr. Savage gave the background of this agenda item for the Council and
members of the audience and introduced John Gustafson, representing Texas
Waste Management, to update the Council on this changeover. Mr. Gustafson
stated that there would be a pickup of trash on Friday, January 1, which
is New Year's Day, although it is not required under the contract. They
will have two trucks in The Colony that day, one of which will be a rear
loader for Christmas trees and bulky items. He advised the Council that
they will be running ads notifying residents of this changeover and will
have door-hangers on every home by Wednesday, December 23, regarding their
schedule. Mr. Gustafson stated that in looking over The Colony he was
concerned that many cans are in the alleyway, and he reminded the Council
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that only plastic bags and one-way containers are allowed per the contract.
He requested of the Council that he be allowed to give those using cans
a 60-day grace period before going completely to a trash-bag system.
Mr. Savage asked if a notice could be put on the can. Mr. Gustafson advised
that it could. Mr. Gustafson also stated that he does not anticipate
any start-up problems and that all areas would be covered exactly as they
have been. Mr. Savage advised the Council that Texas Waste Management
has been cooperative in working with the city during the contract negotia-
tions and the changeover.
5. CONSIDERATION OF PROPOSED ORDINANCE AUTHORIZING CONTRACT WITH THE
MUNICIPAL UTILITY DISTRICT FOR SANITATION BILLING AND COLLECTION --~
SERVICES
Mr. Savage stated that the utility district will be paid a cost of 5%
of the collection and disposal rate charged each customer for the perfor-
mance of this service for the city. He stated that based on 4,500 customers
per month for 1982, this fee will have a fiscal impact of generating
approximately $260,000. Of the total, Texas Waste Management will receive
$235,000 for the collection and disposal and the Municipal Utility District
will receive about $12,500 for the billing, and the city will receive
about $12,500 as a franchise fee. Based on this billing, Mr. Savage esti-
mates that the city will receive a revenue of approximately $9,000 in
the 1981-82 budget year. In 1983, the city will receive approximately
$15,500 and in 1984, the city does anticipate receiving approximately
$18,500. He did state that the staff does recommend the approval of this
ordinance and agreement at this time. Councilman North then moved to
approve the ordinance authorizing the city manager to enter into an agree-
ment for billing service with the Municipal Utility District based upon
a cost of 5% of the collection and disposal rates charged by the disposers.
Councilman Sample was concerned that the monies collected by the District
will not be forwarded to the city until the last calendar day of each
working month. This does create a month lag in the receiving of revenues
by the city. Mr. Savage agreed that it does, however to correct this
situation would be impractical, as all service bills are paid in arrears
and, of course, this does fit into their present billing service. Our
only problem, revenue wise, will be the first payment made to MUD. Mr.
Bill Longo, a MUD Board member, was recognized, and he stated that on
behalf of the Board, it was their intention to negotiate or work out any
problems that do come up due to this contract arrangement. At this time,
Mayor Turner 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
6. CONSIDERATION OF RESOLUTION SETTING RATE FOR SANITATION SERVICE
Mr. Savage stated that in the Ordinance No. 183 it does provide that the
rate be set by resolution. He did note that the rate prescribed at this
time is $4.80 per month. Councilman Dodds noted that this is a rate reduc-
tion from the present $5.15 per month paid to Carroll Trash Service.
At this time, Mayor Turner read aloud the following resolution:
WHEREAS, the City will assume responsibility for sanitation
service after January 1, 1982, and
WHEREAS, the City has contracted with Texas Waste Management
to provide this service, and
WHEREAS, the City has contracted with the Municipal Utility
District to bill for this service, and
WHEREAS, the City's contract with Texas Waste Management
provides for a five percent franchise fee,
NOW, THEREFORE, BE IT RESOLVED that the monthly charge for
residential sanitation service rendered after January 1, 1982, will be
$4.80 and that this charge will be apportioned as follows:
Texas Waste Management
For Collection & Disposal $4.34
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001032
Municipal Utility District
For Billing Service .23
City
For Franchise Fee .23
PASSED ON THE 21 DAY OF DECEMBER, 1981.
ATTEST: APPROVED:
JANICE CARROLL, CITY SECRETARY /s/ RICHARD TURNER, MAYOR
Councilman Dodds moved to approve the resolution as presented. Seconded
by Councilman North, the motion was passed by the following roll call
vote:
Ayes: Ail members present voted aye
Noes: None
7. RECEIVE REPORT ON WINTER MAGIC II PROGRAM
Mr. Rick Herold, Director of Parks and Recreation, presented to the Council
the recently printed pamphlet outlining the Park and Recreation Department's
Winter Program. He stated that these programs would be distributed to
all residences, courtesy of The Colony Baseball Association. He stated
that now that the Library and the Park and Recreation Department are in
their new facilities, there will be more activities for senior citizens,
and they will conduct also pre-school and nursery story times. He noted
that this Winter Magic Program contained more one-time special events
which will draw many teens. An example is a sock hop that is going to
be co-sponsored with the Police Department. He then reviewed some of
the other courses that will be offered this winter schedule, and stated
that the registration hours have been changed to better meet the needs
of the citizens. Registration will continue for a period of two weeks
through January 11, and you will be able to register prior to 8 a.m. in
the morning and as late as 9 p.m. in the evening. At this time, Councilman
North asked if the Miss Colony contest was affiliated with the Miss Texas
Program. Mr. Herold advised at this time that it was not, but they had
been considering that as an option to go to in the future.
8. CONSIDERATION OF ACCEPTANCE OF CITY AUDIT FOR FISCAL YEAR 1980-81
Mr. Savage stated that the final copy of the audit prepared by Peat, Marwick,
Mitchell & Company had been presented to the Council with their packets.
He did note tht on page 5, there was a correction. As Councilman Sample
stated at the last Special Session, he was concerned with the low interest
rate of 9%. Mr. Savage advised that the statistical tables were now inclu-
ded and that the management letter should be presented on January 4.
With no discussion, Councilman Sample moved to accept the audit as presented
by the firm of Peat, Marwick, Mitchell & Company for the fiscal year 1980-81.
Seconded by Councilman Adeler, the motion was passed by the following
roll call vote:
Ayes: Ail members present voted aye
Noes: None
9. CONSIDERATION OF ORDINANCE AUTHORIZING BUDGET TRANSFER AND APPROPRIATING
FUNDS FOR THE CITY AUDIT FOR FISCAL YEAR 1980-81
Mr. Savage advised the Council that the fiscal year 1981-82 budget includes
a sum of $2,700 for payment for the audit for fiscal year 1980-81. The
contract with Peat, Marwick, Mitchell & Company for the audit setsa maximum
fee of $10~500 for the firm's work. To date, the auditors have spent
over 300 hours on this audit, Mr. Savage advised the Council, and have
submitted prosgress statements in the total amount of $8,000. Mr. Moore
of the firm stated that the entire bill will be for $10,500 and, based
on this information, Mr. Savage recommended that the Council pass the
ordinance authorizing the transfer of $7,800 to cover the total anticipated
cost of this audit. This transfer will affect only this year's budget,
Mr. Savage stated. At this time, Mayor Turner read aloud the following
caption:
001033
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO TRANSFER FUNDS IN THE AMOUNT OF $7,800 FROM THE GENERAL FUND RESERVE
FOR CONTINGENCIES ACCOUNT TO FINANCE DEPARTMENT LINE ITEM NO. 32 FOR PAYMENT
TO PEAT, MARWICK, MITCHELL & COMPANY FOR THE 1980-/81 FISCAL YEAR AUDIT;
ATTACHING THE STATEMENT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
Councilman Adeler moved to approve the passage of this ordinance authorizing
the city manager to transfer funds. The motion was seconded by Councilman
Dodds. At this time, Councilman North stated that he would like to commend
Peat, Marwick, Mitchell & Company for their fine job but was concerned
that the maximum fee is charged if much of the work was indeed done by
the city staff. Councilman Adeler requested that the city manager bring
to the Council a breakdown on these fees. At this time, Councilman Dodds
presented an amendatory motion that the final payment will not be made
until an itemized statement is provided to the City Council. Councilman
Sample seconded this amendatory motion, and it was passed by the following
roll call vote:
Ayes: All members present voted aye
Noes: None
Mayor Turner then called for a vote on the main motion as amended. The
motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
10. CONSIDERATION OF AWARDING BID ON COMMUNITY DEVELOPMENT EQUIPMENT
STORAGE BUILDING AND AUTHORIZATION ORDINANCE ON SAME
Mr. Savage advised the Council that a letter from Hunter Associates, Inc.
had been received today, and a copy of same was placed in their boxes.
This letter reviewed the bids presented for an equipment storage building
and provided a recommendation. At this time, he reviewed the contents
of this letter from Mike Cummings. He stated that two companies bid,
Tom Sharp, Inc., which is located in Dallas, and Tyler Building Systems
Company, Inc., which is located in Lewisville. Mr. Cummings advised that
the base bid for this project was for the complete construction of a 24-
foot wide by 3-25-foot bay long metal building. The letter, Mr. Savage
advised the Council, explained that alternate bid No. 1 was for the complete
construction of a 30-foot wide by 30-25-foot bay long metal building.
Alternate bid No. 2 was for the complete construction of a 24-foot wide
by 4-25-foot bay long metal building. Alternate No. 3 provided a 20-year
finish on the walls and roof of any of the above bids; while Alternate
No. 4 provided a three-year warranty against defective materials and workman-
ship and against leaks in the structure on any of the three above bids.
Based on these bids and the figures received, Hunter's first recommendation
would be to select the Alternate No. 3 and a 20-year finish on the walls
and roof and Alternate No. 4, a three-year warranty against defective
materials or workmanship. The standard finish is for five years and Mr.
Cummings stated he felt that the guaranteed fifteen extra years of protection
is worth the approximate increase in cost of $1,811. The firm with the
low bid based on these considerations is Tom Sharp, Inc. in the amount
of $12, 511. This is $97.00 less than the same system as bid by Tyler
Building Systems, Inc. Mr. Savage then reviewed for the Council the amounts
bid by both companies for the base bid and each alternate as follows:
Contractor Tom Sharp, Inc. Tyler Building Systems
Base Bid $12,511.00 $10,797.00
Alternate Bid No. 1 $14,650.00 $12,130.00
Alternate Bid No. 2 $15,044.00 $13,542.00
Alternate No. 3 (Add)
a. -0- ($12,511.00) $1,811.00 ($12,608.00)
b. -0- ($14,650.00) $2,118.00 ($14,248.00)
c. -0- ($15,044.00) $2,338.00 ($15,880.00)
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Alternate No. 4 (Add) 001034
a.
-0- -O-
b.
-0- -O-
C.
-0- -O-
In discussion, several members of the Council expressed concern with the
20-year finish. Councilman Parker asked exactly what composed a 20-year
finish and what kind of guarantee would the city have regarding this finish.
Councilman Adeler was concerned with the stability of the building, particu-
larly with the occurrence of high winds, since it was open on one side.
Mr. Savage stated that Hunter Associates assured the city that it would
be built to handle a maximum wind load. Councilman North was concerned
with the use of the building. Mr. Savage advised the Council that the
primary use would be for rolling stock, while some barricades and sand
material will also be stored. Councilman North felt that it would be
imperative that the building be secured, so that other small tools and
other materials could be stored also. Mr. Savage said the options on
that would be to fence the entire structure or to provide a door. Council-
man Parker was also concerned with the $1,300 fee that must be paid now
to Hunter Associates, Inc. for these specifications. Mr. Savage stated
that this fee was based on an hourly cost. Mayor Turner then read aloud
the following caption:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH THE FIRM OF TOM SHARP, INC. IN THE AMOUNT
OF $12,511.00 FOR THE CONSTRUCTION OF A COMMUNITY DEVELOPMENT DEPARTMENT
EQUIPMENT STORAGE BUILDING; ATTACHING THE APPROVED FORM OF THE CONTRACT
AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
At this time, Councilman Dodds moved to table any action on this item
until the January 4 meeting. Seconded by Councilman North, the motion
was passed by the following roll call vote:
Ayes: Councilmen North, Sample, Parker and Dodds
Noes: Councilman Adeler
11. CONSIDERATION OF RESOLUTION REGARDING VOTING FOR A REPRESENTATIVE
TO THE DALLAS TRANSIT AUTHORITY BOARD
At this time, Mr. Savage advised the Council that the city of The Colony
is grouped with the cities of Duncanville, Lancaster, Glenn Heights, Rowlett,
Cockrell Hill and Wilmer for representation on this Board of Directors
for the Dallas Transit Authority. Based on this group of seven cities,
one person will be elected to serve on the 25-member Board. At a meeting
held of this group on December 8, two individuals were nominated to
represent the seven cities. They are John Clark, nominated by the City
of Duncanville, and H. C. Ruyle, nominated by the City of Rowlett. Mr.
'Savage advised the Council that they did have resumes of the two gentlemen.
The resume of Mr. Ruyle was received today, and a copy of same was placed
in their boxes. Mayor Turner then read aloud the following Resolution:
A RESOLUTION JOINING OTHER CITIES IN SELECTING AN INTERIM BOARD MEMBER
FOR THE PLANNING PHASE OF THE REGIONAL TRANSPORTATION AUTHORITY.
WHEREAS, the City Council of the City of The Colony has elected to
be actively involved in the planning process of the proposed Regional
Transportation Authority, and
WHEREAS, an interim Board of Directors consisting of twenty-five
members will coordinate and direct the development of a transit service
plan for Dallas County,
WHEREAS, the City of The Colony finds it in the best interest of
its citizens to be represented in this development process.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY:
SECTION 1. That the City of The Colony join with the Cities of Dun-
canville, Lancaster, Wilmer, 'Cockrell Hill, Glenn Heights, and Rowlett
to elect a member to the interim Board of Directors.
SECTION 2. That the following candidates have been nominated to
serve in this position:
Mr. John Clark
Mr. H. C. Ruyle
Further, the City of The Colony votes for Mr. H. C. Ruyle to serve
as the interim Board representative.
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001085
DULY PASSED, APPROVED, AND ADOPTED THIS 21 DAY OF DECEMBER, 1981.
ATTEST: /S/ RICHARD TURNER, MAYOR
/s/ JANICE CARROLL, CITY SECRETARY
Councilman Dodds moved that the Resolution be passed casting the vote
for the City of The Colony to H. C. Ruyle. This motion was seconded by
Councilman Sample. Councilman Parker stated that he was concerned with
the approximate $4,000 fee that must be paid. Mr. Savage advised the
Council that it was not due until after January 7, and that the city was
not obligated to even make this payment. Councilman Adeler clarified
that this vote does not commit the city to a fee. Mr. Savage assured
Councilman Adeler that it was a voluntary fee only. With this clarifi-
cation in mind, Mayor Turner did call 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
12. CONSIDERATION OF REINSTATEMENT OF POLICE RESERVES
Mr. Savage advised the Council that a memorandum from Chief Ristagno was
included in their packets, as'well as a copy of Ordinance No. 19, outlining
this reinstatement procedure. 'In accordance with Ordinance No. 19, Chief
Ristagno advised the Council that the following Reserve Officers have
submitted letters requesting to be reinstated as a Reserve Police Officer:
Sergeant Gary Carroll
Russell Clark
Stephen Page
Gary Green
John Barnard
Todd Duerksen
Doug Duerksen
Chief Ristagno also advised the Council that all reserves have undergone
a 96 classroom hour course covering Code of Criminal Procedure, Penal
Code, Texas Family Code, Crisis Intervention, Report Writing, Texas Traffic
Laws, Traffic Control, Accident Report Writing and Firearms. He also
advised that all reserve members listed meet all departmental qualifications
as well as state. At this time, Councilman Parker moved to approve the
reinstatement of the above-named Police Reserve Officers. The motion
was seconded by Councilman North. There followed a brief discussion of
liability insurance regarding these officers, as well as medical coverage.
Mr. Savage advised that they did all have adequate medical coverage, how-
ever liability insurance is something that should be researched in the
near future. Councilman Adeler requested that it be clarified that all
of the Reserve Officers did file renewal applications. Chief Ristagno
assured him that they did. Councilman North asked if they will be increased
to a ten-member force. Chief Ristagno answered that they were planning
on conducting a reserve school in the near future for this purpose. At
this time, Mayor Turner 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
Noes: None
Councilman Dodds moved for a ten-minute recess. Seconded by Councilman
North, the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
13. CONSIDER APPROVAL OF TIMETABLE AND SPECIFICATIONS FOR HOSPITAL PROPOSALS
Mr. Savage reviewed a schedule prepared for receiving proposals for hospital
service in The Colony with the Council. He did note that Item 2, publish
notice of Public Hearing, should be changed from December 24 to December
23, as that is the correct publication date for The Colony Courier. He
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001036
also noted that the January 25 date, which is Item 4, receive formal proposals,
could be adjusted to January 22, which would fit within the 30-day requirement
of the Council's motion made at the December 14 meeting. The City Council
concurred with these corrections. Councilman Dodds requested that it
be made optional to make a selection either at the February 1 meeting
or the February 15 meeting, and Councilman North requested that there
be a publication of Notice of Hearing in the January 28 edition of The
Colony Courier. After a lengthy discussion of this calendar, Councilman
Parker moved to approve the proposal schedule as follows:
1. City Council approval of request for proposal, December 21, 1981
2. Notice of Public Hearing, December 23, 1981
3. Receive Letter of Intent to file proposal, January 8, 1982
4. Receive formal proposals, January 22, 1982
5. Publish second notice of Public Hearing, January 28, 1982
6. Conduct Public Hearing on proposals and select winning proposal,
February 1, 1982
7. Optional date for Council to select winning proposal, February
15, 1982
Seconded by Councilman Dodds, the motion was passed by the following roll
call vote:
Ayes: All members present voted aye
Noes: None
At this time, Mr. Savage reviewed the specifications as written up with
the Council. He advised the Council that it was not his intent to go
through the same detail process that is required by the state but to procure
information that is of vital interest to our commitment. At this time,
he stated that the first part of the proposal would give each hospital
entity some background information regarding The Colony. Secondly, he
is requesting that the hospital describe briefly the experience of their
organization. Third, he is asking that they provide a timetable of signi-
ficant deadlines up to and including the opening date of a hospital facility.
Four, he is requesting information regarding the financing of the facility.
These estimates will icnlude costs for land acquisition, construction,
equipment, professional services, start-up costs and a total project cost.
Fifth, he is requesting information describing the type of site needed
for the project and what utilities will be needed in this area. Sixth,
Mr. Savage stated he has then requested to outline in detail the full
range of services which they intend to provide to The Colony and the
number of beds for which the facility will be certified, as well as the
actual number of beds which will be available for patient use when the
facility is opened. Seventh, the proposal then requests information regard-
ing the type of staffing pattern for the facility and estimates of the
number of personnel in several categories. Eighth, the proposal requests
that the firm discuss the economic viability of the project in this area
and when would they expect it to become self supporting. In a lengthy
discussion, Councilman Sample requested that it also be requested that
the entity provide names of all board members, officers of the company,
the name of the parent company, subsidiary companies and the holding company.
Councilman North requested that an annual report also be provided. Council-
man Dodds stated that, if interim services are provided by the facility,
these should also be mentioned in the proposal. Councilman Sample felt
that it was very important that if a non-profit hospital is responding,
the city ask if it would be feasible for them to provide a payment to
the city in lieu of taxes. There followed a lengthy discussion of this
request. Mayor Turner and Councilman North agreed that this should not
be in the proposal, as this would eliminate non-profit institutions imme-
diately. Councilman Adeler agreed. Councilmen Sample and Dodds did agree
that this information should be contained in the initial proposal. Mr.
Savage stated that perhaps after receiving a letter of intent, the city
could then advise only the non-profit hospitals of this request. The
Council concurred with this suggestion. Councilman Parker suggested also
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001037
that the entities provide information regarding community service projects,
i.e., CPR, first aid, etc. Councilman North also requested a list of
the hospitals that are sent letters requesting proposals. Mr. Savage
advised the Council that these requests will be sent to each hospital
that has been contacted in the past and other hospitals through the Health
Services Board. Councilman North then moved to approve the proposals
incorporating the suggestions of each Councilman. Seconded by Councilman
Dodds, the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
14. DISCUSSION OF RENTAL ORDINANCE
At this time, Mayor Turner stated that he would abstain from any discussion
on this item due to his profession and turned the meeting over to Mayor
Pro Tem North. Mr. Savage stated that Councilman Sample did request this
to be on the agenda and recommended that he introduce the proposed ordinance.
Councilman Sample then reviewed the entire ordinance for the Council.
He stated that the origin of this ordinance was from the City of Addison.
The city adopted this ordinance to better control apartment landlord/tenant
situations. He further advised the Council that he had reviewed it and
put it into a form which would better suit the single-family development
needs. He did state that this ordinance provides criminal penalties for
situations that in the past have been handled as civil matters only.
Councilman Dodds stated that in Section 5a, he was concerned that a tenant
would have to show a license on his premises. He thought that perhaps
a better solution would be to provide each tenant with a copy of the ordi-
nance which would outline his rights as well as his responsibilities.
Further, Councilman Dodds stated that Section 7 should be consistent with
our own building codes, and he did not feel that the city could require
the homes to be in better condition than the other buildings located within
the city. Councilman North asked Mr. Savage to comment on the attorney's
opinion of this ordinance. Mr. Savage advised that the attorney did outline
in his letter to the Council some administrative problems in the enforcement
of this ordinance, however, he did feel that it was important to realize
that this is the first draft of the ordinance and the first discussion
of it. Councilman Parker stated he was concerned that criminal remedies
rather than civil remedies were enforced. Councilman Adeler was in favor
of exterior control, however, not in favor of the city trying to exert
any internal control regarding how homes were kept up by the landlord
or the tenant. The Council also discussed the state statute which they
did concur was a guideline for civil suits in these matters and each Coun-
cilman was concerned as to what authority the city should exert in this
area. After discussion, the Council did agree and Councilman Dodds made
the motion to postpone reviewing this ordinance to the earliest date in
January and have a legal written opinion from a senior member of Saner,
Jack, Sallinger & Nichols and also have the attorney present at this work
session. Councilman Sample seconded this motion. However, Councilman
Adeler disagreed with obtaining the attorney's opinion prior to the work
session. After lengthy discussion, Councilman Parker made an amendatory
motion to have the work session first with Rob Dillard, city attorney,
present, and then obtain a legal opinion from a senior member of the firm.
Councilman Sample seconded this motion, and the motion was carried by
the following roll call vote:
Ayes: All members present voted aye
Noes: None
At this time, Mayor Turner called for a vote on the main motion as amended.
The motion passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
15. DISCUSSION OF PROPOSED INTERLOCAL AGREEMENT WITH THE MUNICIPAL UTILITY
DISTRICT
Mr. Savage reviewed the agreement with the Council stating that it would
cover areas regarding the following:
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001088
1. Vehicle maintenance
2. Tax collection
3. Ground and drainage easement maintenance
4. Dispatching services
5. Joint insurance
6. Sharing of common resources, i.e., construction barricades,
maintenance tools
Councilman North asked if the city had agreements similar to this in the
past. Mr. Savage advised the Council that yes, there have been two or
three previous agreements between the utility district and the city, how-
ever this was by far the most comprehensive. Councilman Dodds agreed
that this is the most comprehensive agreement and complimented Mr. Savage
and Tom Forrest for their efforts in coming to a far more comprehensive
agreement than had been ever proposed in the past. Councilman Dodds then
moved to approve the rough draft of this agreement as presented and direct
the city manager to have the attorney prepare an adopting ordinance on
same. This motion was seconded by Councilman North. At this time, Bill
Longo, a member of the Board of Directors of the Municipal Utility District,
stated that if either the city manager or the director of the utility
district found any of the percentage rates to be unfair to the citizens,
they would be subject to review by the City Council and the MUD Board
Directors. At this time, Mayor Turner 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
16. CITY ~LANAGER'S STATUS REPORT
Mr. Savage advised the Council that he was presently working with the
utility district on a city annual report that will be distributed to all
citizens sometime in February.
He stated that the police contract with the Town of Eastvale was being
negotiated at this time, and they were looking into several levels of
response, the first being patrol and first response; the second level
would be CID and juvenile, and the third level would be the administrative
level of activity. They were proposing fees based on service and population
and are anticipating receiving Eastvale Board of Alderman input in the
near future. Also, they are checking on liability coverage from Eastvale.
These opinions should be in writing to the City Council in the near future.
Mr. Savage advised the Council of an upcoming problem regardign the police
radio/communications equipment. He stated that when the bid and the speci-
fications were sent out for this equipment, a mistake was made, and the
cost of the crystls to convert all existing units to the new police frequency
were omitted. This cost will be approximately $4,000, as the crystals
cost $44, and there are two crystals per each radio unit in each vehicle,
as well as in each mobile. He advised the Council that the options for
this cost were to postpone the purchase of a recording system for the
communications system which has been budgeted for this 1981-82 fiscal
year or to take the funds out of maintenance classification. He stated
that he did recommend deferring the purchase of the recorder until later
in the fiscal year and hoped that the cost could be absorbed into the
budget. The Council and the Mayor expressed concern that this mistake
should have been noticed by the consultants as well as the communication
firms involved in the bid process. It was also noted that although the
crystals had been ordered, there was no city purchase order that correspon-
ded with this amount. However, Chief Ristagno stated that he had orally
approved the order of this equipment under the impression that it was
on the specifications, which were included in the original purchase order
submitted for the total amount of the equipment.
Mr. Savage stated that the Park and Recreation Department had purchased
a 1977 three-quarter ton pickup in the amount of $2,550, and the tradein
of the 1971 animal control truck and the old ambulance from the Fire Depart-
ment. He advised the Council that this vehicle would be shared by Park
and Recreation and Community Development for the maintenance of city grounds.
He also stated that Dr. Seidler had donated outdoor lights to be used
by the city tennis courts now under construction.
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Mr. Ortega, from whom the city purchased outdoor lighting for the softball
fields had requested a payment in the amount of $2,500, which would represent
his cost to a subcontractor for the installation of same. Mr. Savage
noted that the original agreement was that the total $8,000 would not
be paid until all lights were in and tested for workability.. The Council
concurred that this original agreement should be adhered to and that an
interim payment of $2,500 should not be authorized.
He advised the Council that in their boxes was a memorandum from Texas
Power & Light regarding a rate increase request, and this would be coming
before them at a meeting in the month of January.
We have made application for funds to assist in the development of a library,
as well as application for civil defense funds per Fire Chief Ronnie Gothard.
The city has received a $2,700 quote for the cost of road repair on Paige
Road, and the city does intend to fix this 120-foot long strip, which
is eight feet wide adjacent to the Church of Christ.
We have received the first cable TV franchise payment, Mr. Savage advised
the Council.
At this time, Mayor Turner recognized Bill Longo, who stated that he was
against any interlocal agreement to provide police service to the Town
of Eastvale and that the basis for the incorporation of the City of The
Colony was for police service and this need has been met, therefore, he
feels strongly that the Town of Eastvale has a moral obligation to protect
its own citizens, even at the risk of tax increases.
17. CLOSED DOOR SESSION/APPOINTMENTS TO THE COLONY GOALS COMMITTEE
Mayor Turner announced that the Council would now meet in a closed-door
session to interview potential vice chairmen for The Colony Goals Committee.
This is authorized by Article 6252-17 of Vernon's Annotated Civil Statutes.
18. CONSIDE~TION OF APPOINTMENTS TO THE COLONY GOALS COMMITTEE
Upon reconvening in open session, Councilman Dodds moved to appoint Charles
Hammons as Vice Chairman to The Colony Goals Committee and representatives
from the Park and Recreation Board, Planning and Zoning Commission, Industrial
Development Corporation to serve on this Committee as well as the folowing
citizens: Prentice Ables, David Bird, Dee Cole, Kathy Bock, Sherri Campbell,
Gene Pollard, Ann Malecki, Rusty Worden, Harold Van Alstyne and Marlene
Poole. This motion was seconded by Councilman North and passed by the
following roll call vote:
Ayes: All members present voted aye
Noes: None
There being no further action to be taken by the Council, Councilman North
moved to adjourn the meeting. Seconded by Councilman Dodds, the motion
was passed by the following roll call vote:
Ayes: All me,ers present voted aye
Noes: None
Mayor Turner adjourned the meeting at 12:50 a.m.
ATTES~_~ .........
~ y CARROLL, CITY SECRETARY ~, MAYOR
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