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HomeMy WebLinkAbout02/16/1982 City Council 001070 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON FEBRUARY 16, 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: Scott North Acting Mayor Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman and with no members absent; thus, a quorum was established. 6. CONSIDERATION OF ACCEPTANCE OF BIDS FOR THE SALE OF $290,000 GENERAL OBLIGATION BONDS AND ORDINANCE AUTHORIZING THE ISSUANCE OF SAME Acting Mayor North announced that the Council would consider this item first, as it has been so noted in publications that the bond sale would be conducted at 7:30 p.m. At this time, he introduced Mr. Dan Almon, of the firm of Rauscher Pierce Refsnes, to conduct the opening of the bids. Mr. Almon read the following bid information aloud: Effective Firm Gross Interest Cost Net Interest Cost Interest Rate Rauscher Pierce Refsnes $205,657.50 $205,550.20 11.613006% A good-faith check in the amount of $5,800.00 was attached from Rauscher Pierce Refsnes. Blyth Eastman Paine Webber, Inc. 198,650.00 198,650.00 11.223164 Blyth Eastman Paine Webber, Inc. also had attached a good-faith check in the amount of $5,800.00. The Fort Worth National Bank 213,862.50 213,862.50 12. 082627 The Fort Worth National Bank also had included a good-faith check in the amount of $5,800.00. Mr. Almon advised the Council that the bid submitted by Blyth Eastman Paine Webber, Inc. was the low-interest bid and, in a discussion with the Council, gave comparative data regarding the interest rate. He did advise the Council that this is a small bond issue and, considering the fact that the city does have a Baa rating, he was certainly very pleased with the interest rate received. At this time, Mr. Almon also reviewed the entire process for the sale of bonds. Mr. Savage asked if bond insurance should have been considered by the city. Mr. Almon advised him that the premium would be too high and that it would not be cost effective at this time. After further discussion, Councilman Dodds moved to accept the bids received and award the bid to Blyth Eastman Paine Webber, Inc. with an effective interest rate of 11.223164 and a net interest cost of $198,650. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None At this time, Acting Mayor North read the following captioned bond ordinance: -1- 001071 WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on May 9, 1981; and WHEREAS, none of the bonds voted at said election has been authorized, issued, or delivered; and WHEREAS, it is necessary and advisable to authorize, issue and deliver all of said bonds; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued and delivered pursuant to Art. 1175 V.A.T.C.S. Councilman Dodds moved that this ordinance be passed as presented with Blyth Eastman Paine Webber, Inc. being the low bid accepted. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 1. BRIEFING SESSION At this time, Acting Mayor North along with 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 moved that the minutes be approved as presented. Seconded by Councilman Parker, the motion was passed by the following vote: Ayes: Acting Mayor North, Councilmen Sample, Parker and Dodds Noes: None Abstention: Councilman Adeler 3. CITIZEN INPUT Russ Stoffregen was recognized and asked what the Council had done regarding the potential problem of children .crossing FM 423 at North Colony Boulevard when the new elementary school is completed. Mr. Savage advised that they --~ were looking at the option of school guards and traffic control devices at this time. Councilman North said that he was still interested in getting the cost of a crossover to be constructed at that site. Wayne Craig was recognized and stated to the Council that he was concerned with a newspaper stand that had been newly located in front of his house on the corner of Nash Drive and Blair Oaks Drive. He stated that this does create an inconvenience to his family. Councilman North stated that Agenda Item No. 18 was put on the agenda by himself to discuss just this matter, as it is a problem occurring city wide. 5. PRESENTATION TO COUNCIL BY THE COLONY PUBLIC LIBRARY DEPARTMENT Ann Beckel and Sandri Gehrke were present to present to the Council and City Manager Dan Savage library cards. Ann Beckel advised the Council that the grand opening would be conducted in April. There were no user fees except for people out of the county. At this time, each person would be limited to three books to be checked out for a two-week period. She also thanked the volunteers for the great deal of work they have done in getting the library ready to open. She advised the Council that the library would be open for business at 2 p.m. on Wednesday, February 17. She did advise that they still needed children's books. 7. CONSIDERATION OF RESOLUTION SUPPORTING A PROPOSED MEDICAL FACILITY IN THE COLONY Mr. Savage gave background to the members of the audience on this particu- lar agenda item, advising them that each hospital proposal had been reviewed at the February 1 Council meeting. At this time, Councilman Dodds stated that Ordinance No. 180, passed by a vote of the people, did authorize the city manager to seek proposals only for a full-service hospital and that, based on this ordinance, the Council has no choice but to endorse Universal 2 * See Page 11 001072 Health Services. Based on this information, Councilman Dodds moved that the Resolution be passed in support of Universal Health Services. This motion was seconded by Councilman Sample. Prior to voting, Councilman Parker stated that he agreed but felt that he should also state that he is uncomfortable with endorsing Universal Health Services at this time. He felt that it was unintentional but the City Council is now trapped legally to support only a full-service facility. This support will certainty benefi~ Universal in this procedure, and if their application is denied, he is assured that Methodist and St. Paul will continue with their application process for a smaller facility in The Colony. Councilman Adeler stated that the city does want a full-service hospital as shown by a vote of the people and feels it only right that this facility should be supported. Councilman Sample added also that the city does owe its support to Universal Health Services in the Certificate of Need process. Acting Mayor North stated that two years ago the city also endorsed a full-service facility that was never obtained and stated the Certificate of Need could become a salable item when it is approved. Mr. Savage stated that the motion on the floor endorses Universal Health Services, but one of the problems two years ago in that endorsement was that there was no time consideration, and the Council might consider amending their motion to include such. Councilman Sample also advised the Council that Mr. Savage had asked each hospital entity if they had any objections to providing a performance bond. There followed a lengthy discussion by the Council regarding a performance bond. Councilman Parker felt that the motion should be amended to require a performance bond and a deadline of June 30, 1982, that Universal must meet in their submission to the state. However, he stated that he did disagree with the performance bond option, as he felt this should have been included in the original proposal to all entities. Councilman Adeler agreed with this statement. At this time, Councilman Parker moved that the motion on the floor be amended to provide this applica- tion be submitted prior to June 30, 1982. Councilman Adeler seconded this amendment. Councilman Dodds stated that he did disagree in that we were still not protected by this amendment regarding construction dates. Council- man Sample stated that a performance bond requirement would provide the good faith obligation to construct a facility within a certain time period. After further discussion, Acting Mayor North called for a vote on the amend- ment motion. The motion carried by the following roll call vote: Ayes: Acting Mayor North, Councilmen Adeler and Parker Noes: Councilmen Sample and Dodds At this time, Councilman Dodds introduced a second amendment motion to require a performance bond of $10,000 for Universal Health Services. Secon- ded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: Councilmen Sample, Adeler and Dodds Noes: Acting Mayor North, Councilman Parker Before voting on the main motion, Councilman Adeler stated his concern that Universal Health Services was not present at the meeting and that we do not have their input regarding these provisions. Councilman Dodds stated that he would amend his main motion to provide that these provisions be contingent upon Universal's acceptance. At this time, Councilman Dodds restated his motion as follows. He moved that the Resolution to support Universal Health Systems be contingent on the application being submitted on or before June 30, 1982, to the Health Services Board and that a perfor- mance bond in the amount of $10,000 be submitted to the city to guarantee same; these provisions being contingent on the acceptance from Universal Health Services. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None At this time, Councilman Parker moved for a brief recess. Seconded by Council- man Sample, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 001073 8. CONSIDERATION OF REQUEST BY THE COLONY LIONS CLUB TO SPONSOR A PUBLIC CARNIVAL Mr. Savage advised the Council that this had been reviewed by the Park and Recreation Board and gave the floor to Rick Herold, Director of Park and Recreation. Mr. Herold advised the Council that the Board was entirely supportive of the project but concerned with ~the proposed location at Nash and Jennings. He then introduced Mr. Bruce Mungiguerra, of The Colony Lions Club. Mr. M ungiguerra stated that based on this concern, The Lions Club had contacted Lincoln Properties and The Colony Lutheran Church organization and that they had received their approval to use the 20 acres located at the corner of South Colony and FM 423. He advised the Council that the carnival itself needed only five acres, and this would provide adequate parking. There followed a brief discussion regarding the times that the carnival would be open, and it was agreed that the carnival must close at 10:30 p.m. Councilman Dodds stated he had a concern regarding parking facilities and the protection of city curbs in getting to this area. Mr. Roger Lewis, also a Lions Club member, advised the Council that the Lions Club will assist in parking and that they were prepared to hire an off-duty policeman to provide security. He also stated that the Lions Club did expect to raise $3,000 from this project, and this money would be put back into their park located at Nash and Jennings. He also advised the Council that no alcoholic beverages will be sold at this time. At this time, Councilman Dodds moved to approve these plans and direct the staff to prepare a formal Resolution on same. He also took this time to commend the Lions Club for their outstanding service to the community. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Dodds also nOted that he would like a thank-you letter sent to Lincoln Properties and the Good Shepherd Lutheran ChurCh for their coopera- tion in this matter. 9. CONSIDERATION OF REQUEST BY UNITED METHODIST CHURCH FOR THE USE OF A MODULAR BUILDING Councilman Adeler stated that he would remove himself from the meeting and abstain from any discussion on this agenda item, as he was a member of the church board. Mr. Savage advised the Council that Mr. Bradburry, Director of Community Development, had inspected the building and the loca- tion site to which it will be moved. He advised the Council that the area was presently zoned for a church facility which would allow a second building to be built. He also advised the Council that the modular building meets all city building codes as well as handicapped requirements. The parking space requirement in the zoning ordinance does not require that more parking space be developed. Therefore, the city does take the position that the installation of this building at the United Methodist Church facility would not be in violation of any city codes or ordinances at this time, if it: is put on a pier foundation and made a permanent structure. Mr. Tom Cravens, a representative of the United Methodist Church, reviewed the site plans with the Council and advised them that it would be moved in three weeks. Councilman North asked what type of foundation it would be. Mr. Cravens advised that it would be a pier and block foundation and that it would be a permanent building. Councilman North asked if the residents along Avery were aware of this move. Mr. Cravens advised they were not at this time. Councilman Dodds was concerned that this facility should be bricked. Mr. Savage advised that the city ordinance required only that residential structures be bricked, however, Council was in agreement that a brick facing at some point in time would make the building more aesthetically pleasing in the resi- dential area. Mr. Cravens advised the Council that the board would be meeting this coming week and that they would discuss notifying the people on Avery of their intentions and the potential of bricking at least one half of the walls of the building at a future date. Marlene Poole, a member of the audience, asked who would be responsible for the clean-up procedure. Mr. Savage advised that Methodist Hospital will be responsible for the construction cleanup at the City Hall location. At this time, Councilman Dodds moved to approve the plans for the moving of the modular building to the United Methodist Church. Seconded by Councilman Sample, the motiOn was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -4- 001074 Acting Mayor North also requested that the Methodist Church notify the city if they do receive any complaints regarding this process. 10. CONSIDERATION OF AWARDING CITY DEPOSITORY CONTRACT AND AUTHORIZATION ORDINANCE ON SAME Mr. Savage reviewed the conditions of this contract. He advised the Council that five bid requests for depository services were sent to banks within 10 miles of the City of The Colony and that on January 28 The Colony Bank was the only submittal received by the city. He advised that the city did reserve the right to invest idle funds on a competitive basis and that the bids were based on the cost of processing business transactions. The deposi- tory bid allows banks to charge for monthly account maintenance and for individual transaction processing, checks written, checks deposited and deposits received, he advised the Council. Based on staff estimates by account activity, the estimated cost of this service will be between $500-$600 per year. This cost will be deducted on a quarterly basis from the interest the bank earns on city checking account balances. This means that the city will have to maintain an average daily balance of $5,000, and that this will have to be invested at a 12% rate for the city to avoid paying any service charge. However, Mr. Savage stated he does feel that the city's average daily balance exceeds this total largely because of the float time between check writing and check clearing, and the city will not have to pay for any service charge during the year. He advised the Council that the proposed contract covers a two-year period, and that the fiscal impact of this interest is difficult to calculate at this time. After a brief discussion, Acting Mayor North read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEPOSITORY CONTRACT WITH THE FIRM OF THE COLONY BANK; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Sample moved to approve this ordinance as presented granting the depository contract to The Colony Bank. The motion was seconded by Councilman Adeler. At this time, Councilman Sample stated that it should - be clarified that the city does reserve the right to deposit funds in other banks even in amounts less than $100,000. It was so noted. Acting Mayor North called for a vote on the motion on the floor. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 11. CONSIDERATION OF AWARDING BID FOR AMBULANCE AND AUTHORIZATION ORDINANCE ON SAME Mr. Savage reviewed the bids presented at the Council meeting held on February 1, 1982. At this time, Councilman Parker moved that the Council award the bid to Superior Southwest, Inc. and approve the passage of the authori- zation ordinance on same. Acting Mayor North seconded this motion. Prior to voting, Councilman Adeler asked why Prestige Ambulance Service did not submit a bid. Chief Gothard stated that Prestige Ambulance Company was mailed a bid later than the other two companies, however, he did discover that Prestige is a sister company of Superior Southwest, and more than likely would not have submitted a bid in competition with this sister company. Councilman Adeler asked that Chief Gothard note this in the bid file. Coun- cilman Sample asked what are the approximate number of ambulance runs in the city. Chief Gothard stated that in 1980, there were 260 ambulance runs; in 1981, there were between 330 and 350 runs. Based on these figures, he did have a problem justifying the need for an additional ambulance at this time, stated Councilman Sample. There followed a lengthy discussion of the present ambulance equipment and the future needs of the city. Coun- cilman Sample asked if this was a top-of-the-line ambulance. Chief Gothard explained that a Type I or Type III ambulance is comparable in cost; a Type II ambulance is less expensive, however, the ambulance that was specified at this time does have a smaller box but is easier to remount when the need arises. Councilman Parker stated that he felt this purchase has been approved by the budget process and asked the Council to explain to him why they are concerned at this time. Councilman Dodds explained that the building -5- 001075 permit revenue has dropped considerably since the budget process and, therefore, they are concerned with initiating large expenditures. During this discussion, Mr. Savage reviewed his budget memo presented to the Council earlier this week and advised, after reviewing all figures, that the city will expect $150,000 carryover assuming no natural catastrophes. Based on this estimation, he does not feel that the purchase of an ambulance would cause any serious financial problems for the city this budget year. Councilman Sample said he still had a problem with the purchase of this ambulance at this time and suggested waiting until later in the budget year to purchase teh unit. Councilman Dodds stated that he would like to condition the purchase of this ambulance with a hiring freeze for additional firemen. Mr. Savage advised that the hiring of two additional firemen in April had been approved in the budget process, and we were in the middle of this hiring process at this time. Councilman Dodds expressed concern regarding the lease purchase financing options that the city had proposed. Mr. Savage explained that the interest rate on a lease purchase of this ambulance would be 11.06% and presently the city can invest funds at approximately 15%; therefore, it is financially advantageous this year to invest the money rather than a cash outlay for the ambulance. After further discussion, Acting Mayor North read the following captioned ordinance: 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 TO PURCHASE ONE TYPE i AMBULANCE AND MEDICAL EQUIPMENT; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Prior to voting, Councilman Dodds asked Chief Gothard which he would prefer, the ambulance or additional fire personnel. Chief Gothard stated that he would prefer the additional people rather than a second ambulance if the decision must be made. There being no further discussion, Acting Mayor North called for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: Acting Mayor North, Councilmen Adeler and Parker Noes: Councilmen Sample and Dodds 12. DISCUSSION OF FUTURE USE OF THE 1953 GENERAL FIRE TRUCK Acting Mayor North stated that he was responsible for placing this on the agenda and advised the Council that this was the original fire truck pur- chased by Fox and Jacobs for the volunteer fire department and suggested that it be permanently installed at Perryman Park across from the first fire station. After a brief discussion, the Council did agree that Chief Gothard and Rick Herold should prepare a report back to the Council on their options on this matter. Mr. Savage asked if this report could be presented to the Park Board first. The Council concurred with this request. 13. CONSIDERATION OF RESOLUTION CALLING JOINT ELECTION WITH THE MUNICIPAL UTILITY DISTRICT ON APRIL 3, 1982 14. CONSIDERATION OF ORDER CALLING MUNICIPAL ELECTION TO BE HELD ON APRIL 3, 1982 Janice Carroll, City Secretary, did advise the Council that the Resolution was a standard joint resolution calling for the sharing of polling places and clerks. She did advise the Council that it was the attorney's recommendation that the MUD and the city prepare separate ballots as this would be for the protection of the utility district if our election process was contested in any way. She also explained that the polling places so noted in the election order were chosen to coincide with County polling places. At this time, Acting Mayor North read the following Resolution and the corresponding election order: RESOLUTION WHEREAS, the Gity Gouncil of the Gity of The Golony has deemed it advisalle to approve an Order Galling an Election; and -6- 001078 WHEREAS, when two or more political subdivisions of this state are holding elections on the same day in all or part of the same territory, Article 2.01c of the Texas Election Laws provides for ho]ding of said joint election; and WHEREAS, it is in the best interest of the City of The Colony, Texas, and in the interest of its citizens to minimize cost and to maximize efficiency of said election to hold such joint election with The Colony Municipal Utility District No. 1 on April 3, 1982.. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY THAT THE METHOD FOR ALLOCATING THE EXPENSES AND RECORDS FOR THE ELECTION SHALL BE AS FOLLOWS: 1. The City of The Colony and The Colony Municipal Utility District No. 1 shah share equally the cost of said polling places, election judges, alternate judges, interpretors, election clerks and election supplies. 2. The City of The Colony and The Colony Municipal Utility District No. 1 shall use separate ballots. 3. The custodian of the records for the City and the District shall be the Mayor for the City of TheColony. 4. The absentee voting shall be conducted at City Ha]] of The Colony, Texas, at 5576 North Colony Boulevard, WITHIN THE BOUNDARIES OF THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 AND THE CITY OF THE COLONY. The absentee voting clerk for said election shall be Janice Carroll, City Secretary. PASSED AND APPROVED THIS DAY OF , 1982. /s/ ACTING MAYOR ATTEST: /s/ CITY SECRETARY ELECTION ORDER BE IT REMEMBERED THAT on this day of , 1982, at a meeting of the City Council of the City of The Colony, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS ORDERED that an election be held in the City of The Colony, Texas, on the 3rd day of April, 1982, the same being the first Saturday of said month for the following purpose: To elect a Mayor for a one year term to fill the vacancy in said office. The candidate for Mayor receiving a majority of all votes cast for all candidates for such office shall be elected for a one year term, and To elect one Councilmember for Place 3 from District 3; To elect one Councilmember for Place 4 from District 4; To elect one Councilmember for Place 5 from District 5 and To elect one Counci]member for Place 6 from District 6. The candidate for each such office receiving a majority of all votes cast for all candidates for such place shall be elected for a two year term. In the event any candidate for any one of said offices fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shah be called as provided for by the Charter of the City. The polling place for said election shall be at two locations as follows: For persons residing in Districts 3 and 6 the polling place shah be the Camey Elementary School. For persons residing in Districts 4 and 5 the polling place shall be the Peter's Colony Elementary School. The polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. None but legally qualified voters of the City shah be entitled to vote at said election. All qualified voters of the city may vote for Mayor but only qualified voters residing in District 3 may vote for candidates for Councilmember for Place 3, only qualified voters residing in District 4 may vote for candidates for Counci]member for Place 4; only qualified voters residing in District 5 may vote for Counci]member for Place 5 and only qualified voters residing in Disrtrict 6 may vote for Counci]member for Place 6. Notice of said election shall be posted in three public places within the limits of the City at ]east thirty (30) days prior to the election day. A return of such posting shah be made by affidavit of the City Secretary. A Presiding Election Judge and an Alternate Presiding Election Judge shah be appointed to serve at each polling place by written order of the mayor,, approved or signed by at least a majority of the members of the governing body of the municipality. 001077 The Presiding Judge for each polling place shall appoint two Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, shall be the maximum number of Clerks which may be appointed to serve at any polling place. All Judges and Clerks shall be qualified voters in the City. Absentee voting for the above designated election shall be held at the regular office of the City Secretary at the City Hall Building, in said City, and said place of absentee voting shah remain open for at least eight (8) hours on each day of absentee voting which is not a Saturday, Sunday or an official State holiday, beginning on the 20th day and continuing through the 4th day preceding the date of said election. Said place of voting shall remain open between the hours of o'clock a.m. and o'clock p.m. ~-~ After holding said election, the Election Judges shall promptly make ~ their returns to the City Secretary and to the Mayor, and the Secretary I shall thereafter present such returns to the City Council for the canvassing of said election. The Presiding Election Judges shall be paid the sum of $__ per hour, plus an additional sum of $__ for his services in delivering the returns of the election. The Alternate Presiding Election Judges shall be paid the sum of $~per hour and each Election Clerk shall be paid the sum of $ per hour for their services in holding the election. Such payments shall not exceed the maximum amounts set out in Article 3.08, Texas Election code, to-wit: $4.00 per hour for each election official, plus an additional amount paid to the Presiding Judge for delivering the returns, not to exceed $25.00. ORDERED this the day of , 1982. /s/ ACTING MAYOR, City of The Colony, Texas ATTEST: /s/ CITY SECRETARY, The Colony, Texas Councilman Dodds moved that the Resolution and Election Order be passed as presented. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None ~ At this time, Acting Mayor North called for a brief recess in the meeting. 15. CONSIDERATION OF AWARDING BID FOR ATHLETIC FIELD FENCING FOR OFFICE CREEK PARK AND AUTHORIZATION ORDINANCE ON SAME Mr. Savage advised that the staff received the following bids: Base Bid A Alt. C Combined Lone Star Fence $5,995.00 $4,356.00 $10,351.00 Delta Fence Co. 9,885.00 3,705.00 13,590.00 Allied Fence Co. 8,770.00 3,650.00 12,420.00 He advised the Council that Base Bid A is for three softball backstops to be placed at Office Creek Park. Alternate Bid C is for two short foul lines to be attached to each backstop for the safety of the players and the specta- tors and that the $10,350.00 bid received from Lone Star Fence is low bid and does correspond with the master cost plan for Office Creek Park. He also advised that Alternate Bid A was for two backstops in case the bids ran high and Alternate Bid B was for foul lines on one field and did recom- mend that these items not be considered at this time. Acting Mayor North then read aloud the following captioned ordinance: 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 TO PURCHASE ATHLETIC FIELD FENCING AND THREE BACKSTOPS; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. 001078 Councilman Dodds moved to award the bid to Lone Star Fence Company in the amount of $10,351.00 and approve the passage of the authorization ordinance on same. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 16. CONSIDERATION OF RESOLUTION APPROVING AN AGREEMENT WITH THE STATE OF TEXAS FOR THE INSTALLATION AND MAINTENANCE OF SIGNAL LIGHTS ON SH 121 AT 544, SH 121 AT FM 423 AND SH 121 AT PAIGE ROAD Mr. Savage advised the Council that at the February 1 Council meeting, they did in fact approve the actual plans for this signal-light system, but inadvertently, the actual Resolution and corresponding agreement were not included in the packet for the Council to act upon. The Resolution the Council was to consider at this time is as follows: A RESOLUTION APPROVING THE AGREEMENT DATED BETWEEN THE STATE OF TEXAS AND THE CITY OF THE COLONY, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF A HIGHWAY SIGNAL PROJECT AT S.H. 121 @ F.M. 544, S.H. 121 @ F.M. 423, S.H. 121 @ PAIGE ROAD IN THE CITY OF THE COLONY; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY: SECTION 1. That the certain agreement dated between the State of Texas and the City of The Colony for the installation, construction, existence, use, operation and maintenance of certain highway signal project located at S.H. 121 @ F.M. 544, S.H. 121 @ F.M. 423, S.H. 121 @ Paige Road in the City of The Colony be, and the same is, hereby approved; and that is hereby authorized to execute said agreement on behalf of the City of The Colony and to transmit the same to the State of Texas for appropriate action. PASSED: APPROVED: ACTING MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY Councilman Dodds moved that the Resolution and corresponding agreement be approved as presented. This motion was seconded by Councilman Sample. There followed a discussion regarding the time frame of this project, and Mr. Savage stated that we did not have a firm commitment from the state regarding this. Councilman Parker explained to members of the audience that this is a "bandaid solution" and the Council was dedicated to the project of accelerating the widening of State Highway 121. After a lengthy discussion of traffic plans in The Colony and access road to The Colony, Acting Mayor North called for a vote on the motion on the floor. The motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 17. DISCUSSION OF PROPOSED RENTAL ORDINANCE Councilman Adeler moved to table the discussion of this agenda item to the next Council meeting. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: Acting Mayor North, Councilmen Adeler and Parker Noes: Councilmen Sample and Dodds 18. DISCUSSION OF NEWSPAPER STANDS Mr. Savage advised the Council that staff has surveyed the city and has determined that there are 32 newspaper stands now located on city right -9- 001079 of way. Fourteen of these stands belong to The Dallas Times Herald and eighteen of them belong to The Dallas Morning News. He advised the Council that the immediate problem is that these stands are chained to city light poles or to city traffic signs and that many of them are placed on sidewalks blocking public access. He asked the Council to consider possibly establishing a policy regarding these machines. It was discussed that many of these newspaper machines have been added in recent months due to a competitive campaign between the two newspapers. Councilman Sample stated that he felt that these stands could be considered as signs and that the Sign Ordinance could be amended to control such. Mr. Savage stated that he felt that this item might be considered under the Zoning Ordinance but that he would have the attorney look into it. Councilman Dodds felt that some areas in the city were appropriate for this type of facility, as it was used by the citizens. Acting Mayor North felt that a directive to the staff should be made at this time to review the proper amendment procedure. At this time, A1 Bastinelli, representing The Dallas Times Herald, spoke to the Council. He advised the Council that he was willing to work with the city in any way possible regarding the installation of these machines and would move them to any location approved by the Council at this time. He also advised the Council that the shopping centers do not want the newspaper stands on their location and he added that he felt that the location of these news- paper stands within the neighborhoods is a deterrent to crime. He also advised the Council they do watch the actual traffic at each box, and the box located at Blair Oaks and Nash Drive has very little traffic at this time. Councilman Sample asked if The Dallas Times Herald would be responsible for upkeep around these stands. Mr. Bastinelli advised that they would trim around the stands if the Council required that. At this time, Council- man Sample moved that the city staff be instructed to prepare an amendment to the Sign Ordinance or a separate ordinance restricting newspaper stands in the city. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 19. RECEIVE CITY MANAGER'S STATUS REPORT Mr. Savage advised the Council of staff's investigation regarding the acquiring of Stewart's Creek Park. Mr. Herold advised the Council that he had taken a brief poll from volunteers regarding their help in taking care of the facility. Mr. Savage further explained at this time that the city is now looking at several directions that they may take, one of which is annexation. However, he advised the Council that this is not necessary for the actual city utiliza- tion of the park. Councilman Sample asked if the raising of the level of the lake would have any effect on the park. Mr. Savage advised that only would the ramps be affected, and this would not be significant. Councilman Parker stated that the Corps of Engineers does want a long-term improvement program with the city. Mr. Savage advised that the Wal Mart plans are in for construction and are being revised at this time. He stated that he has visited with County Commissioner Lloyd Odle, and they are working on a plan to have a health clinic open one day a week in The Colony in the near future. He advised the Council that February 23 and March 9 are work session dates set by the new Plannign and Zoning Commission and that Bob Wegner would be presenting a program regarding planning and zoning at this time. Mr. Wegner did invite the City Council to participate in this informative session. The Goals Committee has conducted two meetings, and does plan to have a third meeting Wednesday, February 17. He advised the Council they were proceeding at an adequate pace with their project. He told the Council that the staff was presently discussing a merit raise program that would be presented to the Council at the March 1 meeting. -10- 001080 20. CLOSED DOOR SESSION A. GOALS COMMITTEE APPOINTMENTS B. LAND ACQUISITION FOR RIGHT OF WAY ON FM 423 Acting Mayor North announced that in accordance with Article 6252-17 of Vernon's Ann. Civ. Statutes, the Council would now meet in a closed-door session. 21. CONSIDERATION OF GOALS COMMITTEE APPOINTMENTS Upon reconvening in open session, Councilman Parker moved that Jerry Wise, Janice Hernandez and Wanda Gillett be appointed to The Colony Goals Committee. Seconded by Councilman Dodds, 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 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 The meeting was adjourned by Acting Mayor North at 11:05 p.m. ATTEST: JANIC~ CA~i~ROI~L, CITY SECRETARY *4. *Prior to proceeding to Agenda Item #5, a plaque was presented to former Mayor Richard Turner in appreciation for his service to The Colony. -11-