HomeMy WebLinkAbout01/04/1982 City Council 001041
MINUTES OF THE CITY COUNCIL
OF THE
CITY OF THE COLONY HELD ON
JANUARY 4, 1982
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 T~rner 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, reviewed the upcoming agenda items
regarding update information and action that the Council might want to
consider taking at this time.
2. APPROVAL OF MINUTES
Councilman Sample noted that in the minutes of the Special Session held
on December 14, 1981, under Agenda Item No. 2, Consider Review of Council
Action regarding Hospital Proposal Process, he did ask the following question:
"Did the attorney know what the actual motion was regarding this agenda
item?" He also noted that the staff's response to this question was no
that he did not have the actual wording of the motion lending support
to Universal Health Systems. Councilman Sample requested that this question
and answer be included into the minutes. Councilman Parker then moved
that the minutes of December 14, as amended, and the minutes of December
21, as presented, be approved. Seconded by Councilman North, the motion
was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
3. CONSIDER PROPOSED ORDINANCE SUSPENDING REQUEST OF TEXAS POWER & LIGHT
FOR AN AMENDMENT TO THE FUEL COST FACTOR TARIFF SCHEDULE
At this time, Mr. Savage advised the Council that Texas Power & Light
has recently filed a request with the City for an amendment to the fuel
cost factor formula. He stated that this request is the result of a recent
District Court order which prohibits affiliate sales of fuel between Texas
Power & Light and Texas Electric Service Company because these firms are
both owned by Texas utilities. Although Texas Power & Light intends to
appeal the District Court decision, it has submitted the proposed fuel
cost factor amendment in an attempt to comply with this order. The issue
in this case, Mr. Savage explained, is the question of whether or not
prior approval of fuel charges and fuel services from affiliates must
be obtained from regulatory authorities before these charges can be passed
through the fuel clause. If the court order is upheld, then TP&L will
have to reimburse TESCO over $80 million because of past fuel transactions.
He told the Council also that at this time the City is not sure of the
position that will be taken by the Texas Municipal League as the cities
involved could be pro or con either decision made. He also stated that
an ordinance is included in the packet suspending the proposed amendment
for 120 days from January 13, 1982, to allow further study. At this time,
Mr. Savage introduced John Turner, Manager of the Texas Power & Light
office in The Colony. Mr. Turner added that the judge, in fact, agreed
with the philosophy of this plan but said in the definition of affiliate
companies, this type of arrangement cannot be made. He did affirm that
Texas Power & Light has appealed this to the Circuit Court of Appeals.
Mr. Turner also explained to the Council that TP&L also recommended the
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suspension of this for further study by each city and will have no effect
on the present fuel system cost. After a brief discussion by the Council,
Mayor Turner then read aloud the following captioned ordinance:
AN ORDINANCE SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF THE
FUEL COST FACTOR TARIFF SCHEDULE OF TEXAS POWER & LIGHT COMPANY FOR 120
DAYS FROM JANUARY 13, 1982; PROVIDING THAT THE RATES OF SAID PUBLIC UTILITY
SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; AND PROVIDING
FOR NOTICE HEREOF TO SAID PUBLIC UTILITY.
Councilman North moved that this ordinance suspending amendment to the
fuel cost factor formula be approved. Seconded by Councilman Adeler,
the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
4. CONSIDERATION OF AWARDING BID ON COMMUNITY DEVELOPMENT DEPARTMENT
EQUIPMENT STORAGE BUILDING AND AUTHORIZATION ORDINANCE ON SAME
Mr. Savage stated that the awarding of the bid for this storage building
facility was tabled at the December 21 meeting for further study and,
at this time, he proceeded to review again the bids. He advised them that
the bids were received on Friday, December 17, 1981, and that Mike Cummings
of Hunter Associates, Inc. did review the bid proposals to make sure there
were no irregularities. He then presented to the Council again the following
tabulation of the bids:
Vendor
Tyler Bldg. Systems Tom Sharp, Inc.
Base Bid
24' x 75' Bldg. $10,797.00 $12,511.00
Alternate 1
30' x 75' Bldg. 12,130.00 14,650.00
Alternate 2
24' x 100' Bldg. 13,542.00 15,044.00
Alternate 3
With 20-year Finish
24' x 75' Bldg. 12,608.00 12,511.00
30' x 75' Bldg. 14,248.00 14,650.00
24' x 100' Bldg. 15,880.00 15,044.00
He advised the Council that the budget included $15,000 for this project. The
engineering fee will be $1,375. This leaves $13,625 to be used for the
actual construction cost. He stated that at the December 21 meeting,
the Council had several questions regarding these bids that he would
try to address at this time. He advised the Council that the proposed
structure will be walled on three sides, and the fourth side will be left
open. The cost of enclosing this fourth side would be in a range of $4,000
to $6,000 depending upon the number of doors and type of finish. He also
added that, if the Council decided to totally enclose the building, it
would also probably be necessary to consider adding electrical work and
possibly an exhaust fan. The question of security could be addressed in
several ways. Totally enclosing the building is one method, Mr. Savage
advised.~ A second method is to fence in the building. If fencing is used,
an area outside of the building could also be enclosed and fencing similar
to that enclosing the MUD water well site behind City Hall could probably
be obtained for about $1,000. The Council's primary concern at the last
meeting was regarding the 20-year finish on the exterior of the building
and the advantage of going with this extra cost. He explained to the Council
that this type of surface provides an advantage in terms of minimizing
future maintenance costs. If the building is expanded at a later point
or panels have to be replaced because of damage, this finish can be matched.
Although this surface adds nothing to the building's utility, it does provide
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for reduced maintenance and a better cosmetic appearance over the life
of the building. The cost of the 20-year finish on the base building is
$1,714. Regarding the proposed structure's ability to withstand high winds,
Mr. Savage explained that the specifications called for the structure
to meet recommended wind load of 20 psf and uplift of 15 psf criteria for
this geographical area. Also, X-bracing is required on the side walls
and roof sections. He then recommended that the Council consider the following
cost breakdown:
Engineering Fee $1,375.00
Base Bid 10,797.00
20-year Finish 1,714.00
Fencing 1,000.00
Total Cost $14,886.00
Councilman Adeler expressed concern that the city might outgrow the usefulness
of the building within five years. Mr. Savage stated that he felt the
city would possibly outgrow the location but not the usefulness of the
actual building, and it could be moved or expanded at that time. Councilman
Dodds stated that he had no problem with the need for an equipment storage
building but did have a problem with an additional cost for a 20-year finish.
Councilman North stated that he felt that it is important to maintain a
conservative attitude during this budget year, particularly due to unexpected
costs that might arise and suggested that the building should certainly
be purchased but the amenity of the 20-year finish should be omitted.
At this time, Mayor Turner read aloud the following ordinance caption:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH THE FIRM OF IN THE AMOUNT
OF 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.
Councilman Dodds moved that this ordinance be passed awarding the bid to
Tyler Building Systems in the amount of $10,797. This motion was seconded
by Councilman North. It was the consensus of the Council that this equipment
storage building should be fenced in the near future for security purposes.
At this time, Councilman Parker stated that he must express his concern
that a consultant's fee in the amount of $1,375 must be paid by the city.
He further stated that Mr. Bradburry, Director of Community Development,
is capable of developign specifications for this type of structure. Mr.
Bradburry advised that possibly if he had adequate time he could prepare
specifications such as this, but it would require extensive study. Mr.
Savage stated that the engineer should be involved in an item such as this
and timeliness itself was another factor to consider. Mr. Parker answered
that he certainly did not feel that the engineer did not do an adequate
job for the city on this particular project but, in the interest of financial
conservatism, he felt that staff could have done an equally good job and,
of course, for less money. In a brief discussion regarding the fencing
to cut down on vandalism and theft, Mr. Savage advised that the west side
of this fencing would be wooden for screening while the remainder of the
fencing would be chain link. 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: Ail members present voted aye
Noes: None
5. CONSIDER SETTING A DATE FOR SALE OF BOND ON FM 423 PROJECT
Mr. Savage reviewed for the Council the background of this particular agenda
item. He stated that a bond election was held last spring authorizing
the sale of $290,000 in general obligation bonds for the purpose of widening
FM 423. In order to have the bond proceeds on hand, it is necessary that
the City Council authorize Dan Almon of Rauscher Pierce Refsnes, Inc.,
the city's financial advisor, to proceed with the sale of these bonds.
He stated that Mr. Almon did advise him that he would try to schedule the
sale of the bonds for the period between January 18 and February 15. He
further stated that the staff is now in the process of providing him with
information for the bond propspectus which will be prepared. A draft of
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this document should be available for the Council to review in about two
weeks. Mr. Savage stated also that Mr. Almon will have to apply with the
rated agencies for new ratings on these bonds. Presently, the city's bond
rating is a "Baa". The cost for this bond sale is $6,400, which also includes
the municipal bond attorney's fee. Pete Tart, of McCall, Parkhurst & Horton,
will be handling the legal aspect of this sale. Councilman North asked
what is the interest rate on bonds sold now. Mr. Savage answered that,
although many factors are involved in establishing that interest rate,
he felt that our bond should be sold at an interest rate in the neighborhood
of 12%. Councilman North asked how this would effect construction plans.
Mr. Savage advised that the bid for construction will not be awarded until
these monies are in a proper escrow account. At this time, Councilman
Dodds moved that Dan Almon, of Rauscher Pierce Refsnes, Inc., be authorized
to proceed with the proposed bond sale and to select an appropriate date
for this sale. This motion was seconded by Councilman Adeler. Prior to
voting, Councilman Parker asked what the expected term would be for this
particular bond issuance. Mr. Savage advised it would be ten years or
less. The Council did concur that the city should make every effort to
invest these monies for as long a term possible before the funds must be
put in an escrow account with the state, which will earn no interest for
the city. Mr. Savage advised the Council that these funds should make
a minimum of 2% for the city. 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. UPDATE ON HOSPITAL REQUEST FOR PROPOSAL PROCESS
Mr. Savage reviewed again the calendar of dates important to this process,
the list of hospitals that had been mailed requests for proposals and his
tentative meeting schedule with interested hospitals. Councilman North
advised Mr. Savage that Rod Bell with Presbyterian Hospital is presently
working on a letter of intent to be mailed to the city by Friday. The
Council took no action on this agenda item.
7. CITY MANAGER'S STATUS REPORT
Mr. Savage stated that the Board of Aldermen for the Town of Eastvale will
meet Tuesday night and discuss the pending police services contract. He
advised the Council that we had received a letter from the Denton County
Tax Appraisal District Office regarding the formula used to arrive at the
increased cost billed to the city. He stated that Reverend Wallace, of
The Colonial Baptist Church, has been contacted and advised that he should
bring before the Council in the near future plans regarding future construction
for this church. Councilman Sample noted that a second portable building
had been moved in on the site. Mr. Savage stated that they would check
on this. He advised the Council that three paid firemen started to work
for the city today. Chief Gothard has completed the specifications for
the ambulance bids and staff will be placing an advertisement for bids
in this Thursday's paper. He is also currently working on a proposal for
a new bank depository contract which should be coming before the Council
in February. Regarding the newly-appointed Goals Committee, Mr. Savage
stated that he was planning an orientation meeting sometime during the
week of January 18 and would like to have at this meeting professionals
in the field of municipal planning to give the Goals Committee a better
idea of their specific purpose. Mayor Turner recommended that the Council
of Governments be contacted on this. He advised the Council that no building
permits had been issued by the Department of Community Development for
the month of December. This makes a total of 36 building permits issued
for the first quarter of our fiscal year versus a total of 264 permits
issued for the first quarter of the previous year. He advised the Council
also that Mr. Zucconi with the firm of Peat, Marwick, Mitchell & Company
has asked the staff to consider the adoption of the financial policy that
should be followed by staff and Council. Mr. Savage also stated that Texas
Waste Management did begin picking up waste in The Colony Friday, January
1, 1982, and at this time, the city has received no major complaints.
He did remind the Council that Wednesday at 7:30 p.m. a work session has
been called regarding the rental ordinance proposed by Councilman Sample
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and that the attorney would be present. He also advised that Monday, January
11, the Council would meet to discuss districting.
8. CLOSED DOOR SESSION REGARDING APPOINTMENTS TO THE PLANNING AND ZONING
COMMISSION
At this time, Mayor Turner announced that the Council would meet in a closed-
door session dealing with personnel, as authorized by Article 62520-17
of VACS.
9. CONSIDERATION OF APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION
Upon reconvening in open session, Councilman Dodds moved that Sandra Pollard
be appointed to Place 2 on the Planning and Zoning Commission and that
George Scalise be appointed to Place 5 on the Planning and Zoning Commission.
Councilman Parker seconded this motion, and the motion was 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 Dodds
moved that the meeting be adjourned. Seconded by Councilman North, the
motion was passed by the following vote:
Ayes: All members present voted aye
Noes: None
Mayor Turner adjourned the meeting at 9:28 p.m.
RICHARD TURN~,~, MAYSR
ATTEST:
ANIC~ARROLL, CITY ~E~RET~RY
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