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HomeMy WebLinkAbout05/03/1982 City Council 001142 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MAY 3, 1982 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. at the CATV Building with the following members present: Gene Pollard Mayor Scott North Councilman Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with no members absent; thus, a quorum was established. 1. APPROVAL OF MINUTES Councilman Parker moved to approve the minutes of the Special Session held on April 13th, 1982, the Regular Session held on April 19th and the Special Session held on April 26th. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. CITY MANAGER'S STATUS REPORT Mr. Savage reminded the Council that the Texas Municipal League did have scheduled a conference for Mayors and Councilmen the first weekend of June, and asked that the Council advise staff if they did plan to attend, so that reservations could be made. He stated that the retreat plans were being made for May 22nd and, on May 23rd, from 1 until 6 p.m. He did ask for clarification regarding the boards that should be present. Councilman Dodds answered that he thought representatives from each City board, as well as MUD and Fox & Jacobs, should be present. He advised the Council that the Rabies Clinic was conducted by The Colony Police Department Saturday and was a success. He stated that the clinic registered over 200 pets. Mr. Savage brought the Council up to date regarding the newstand situation in The Colony. He stated that the Dallas Times Herald did have an attorney contact the City advising us that we were prohibiting their Constitutional rights. He stated that the attorney advised him to prepare an ordinance regulating newspaper stands but not to prohibit them completely from all right of ways. The air conditioning work is completed in City Hall, Mr. Savage told the Council. Mr. Forrest, of the Municipal Utility District, has prepared a draft agreement on the Certificate of Conversion and Need, and this has been mailed to Frisco but, at this time, they have not received a response, Mr. Savage stated. He told the Council that the modular home was near completion and that, in speaking with representatives of Fox & Jacobs at their sales office, he was advised that seven homes had been sold this past weekend. Councilman North stated that since he was actively involved in the newspaper question, he would like to assist in the preparation of this ordinance regulating where they are placed. -1- 001144 Mayor Pollard stated that, although this was not an agenda item, he would like to take a moment at this meeting to present a Certificate of Appreciation and Honorary Citizen Award to Jerry Mussey. Mr. Pollard stated that Jerry Mussey, a resident of Carrollton, had contributed greatly to many of the Park and Recreation programs presented in The Colony. He said that he had cooked at five of the chili cookoffs in The Colony as well as the Fourth of July. He was Uncle Sam also at the Fourth of July celebration and has helped out in numerous other events. Mr. Mussey stated that he did admire The Colony and the spirit that it had, however, he must say that he was doing this for a good friend, Rick Herold, Director of the Parks and Recreation Department, who also donated much of his time to the athletic teams in the City of Carrollton. 3. CITIZEN INPUT Mayor Pollard recognized Mrs. Helen Gray. Mrs. Gray stated that it was her opinion that the old General fire truck should stay at the fire station and not be given to the volunteer firemen to be used for ceremonial services. She was also concerned that now the North Colony station serves all of the area south of South Colony Boulevard. She felt like the North Colony station was built because there was a definite need for two stations in The Colony. 4. CONSIDERATION OF APPOINTMENT OF POLICE RESERVES Mayor Pollard reviewed the memorandum per Chief Nick Ristagno regarding these appointments. He stated that Section 4 of City Ordinance No. 203, establishing a police reserve force, requires that a police reserve be approved by the City Council prior to carrying a weapon or otherwise acting as a peace officer. After this approval, he may carry a weapon only when authorized by the Chief of Police and when discharging official duties as a duly constituted peace officer. Chief Ristagno then requested that the City Council approve the following-named reservists for appointments: Andy Longo, Robert Gill, John Whitley, Debra Cunningham, Skip Cole, Paul Krajcovic, Dwight Martin, Patti Jones. He stated in his memorandum that all of the above-mentioned reservists are in full compliance with all provisions of Ordinance No. 203. It was also noted by Mayor Pollard that Andy Longo was the valedictorian of the class, and Skip Cole was the salutatorian out of a class of 21 students. After further discussion, Council- man North moved to approve the appointment of the above-mentioned reservists as requested by Chief N. C. Ristagno. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF RESOLUTION ESTABLISHING "NATIONAL POLICE WEEK" MAY 9-15 Present for this agenda item were Chief N. C. Ristagno, Lieutenant Mike Carroll and other members of The Colony police force. At this time, Mayor Pollard read aloud the following resolution: WHEREAS, the Congress of the United States of America has designated the week of May 15th to be dedicated as "National Police Week" and May 15th of each year to be "Police Memorial Day" and WHEREAS, the law enforcement officers are our guardian of life and property, defenders of the individual right to be free men, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness, and WHEREAS, the City of The Colony desires to honor the valor, service and dedication of its own police officers. WE THEREFORE PROCLAIM THE WEEK OF MAY 9-15 TO BE POLICE WEEK and call upon all our citizens in this community to especially honor and sh~w our sincere appreciation for the police officers of this city by deed, remark and attitude. I call upon all our citizens to make every effort to express their thanks to our men who make it possible for us to leave our homes and family in safety each day and to return to our homes knowing they are protected by men willing to sacrifice their lives, if necessary, to guard our loved ones, property and government against all who would violate the law. 001145 Signed this day of May, at the City of The Colony, State of Texas, in the witness thereof the seal and signatures of the city are affixed. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman Dodds moved to approve this resolution which does establish May 9-15 as National Police Week in The Colony. This motion was seconded by Councilman North. Councilman North also at this time took a moment to compliment the fine Police Department and their various programs that they have initiated in the City of The Colony. He personally felt that the paid police officers always were willing to go above the call of duty, and he saluted them. Mayor Pollard then called for a vote on the motion on the floor. The motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF TRINITY PRESBYTERIAN CHURCH SITE PLAN Mr. I. R. Bradburry, Director of Community Development, did present the site plan to the Council for their review. He stated that The Colony Planning and Zoning Commission approved the site plan of Trinity Presby- terian Church at their meeting held on April 27, 1982. He advised the Council that the site plan does meet the parking requirements, building set backs, and does have a fire hydrant located within 300 feet of the structure. He further advised the Council that Roy Bingham of the Muni- cipal Utility District has reviewed and approved the site plan also. Mr. Wayne Quinney and Dr. Ronald Salfen, pastor of Trinity Presbyterian Church, were both present to answer any questions that the Council might have. Primarily, the Council was concerned with adequate sidewalks for children in this area. Mr. Quinney stated that the sidewalks will be expanded as the building is expanded. Mr. Savage noted that it is their intention to begin construction as soon as possible. Mr. Quinney assured the Council that they would be beginning in the near future. Councilman North advised the Council that the structure would be of a brick veneer finish. At this time, there being no further discussion, Councilman Parker moved to approve the site plan for Trinity Presbyterian Church to be located on the southeast corner of FM 423 and Nash Drive. Seconded by Councilman Poole, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF REQUEST FROM THE COLONY SOCCER ASSOCIATION FOR THE USE OF A FIELD STORAGE BUILDING Mr. Vern Lang, President of The Colony Youth Soccer Association, was present. He advised the Council that the Park and Recreation Board had approved the placement of a portable building at the North Colony Complex. He stated that the building would be approximately eight by twelve feet and would be used for the storage of chalk, markers, nets and other soccer equipment. A location has not been determined at this time, although he told the Council that it would be set on skids and patio stones and can be moved if necessary if it is in the way of any future fields. Council- man Parker moved at this time to approve the location of a portable storage building on the North Colony Complex by The Colony Youth Soccer Associa- tion. This motion was seconded by Councilman Dodds. Prior to voting, Councilman Adeler asked for a clarification of the type of building. Mr. Lang stated that it would be an eight by twelve-foot building with wood flooring, masonite siding and metal corrugated roof. Councilman Sample asked if any of the various athletic groups had discussed combining and utilizing the same building. Mr. Lang agreed that this would be an ideal situation, however, there is a problem in the location of the fields. The Council also was concerned with security for this structure, and Councilman Dodds asked if a key to this storage building would be provided to the City. Mr. Lang stated that it certainly would be given to the Park and Recreation Department. Mayor Pollard was concerned regarding the payment for electricity to that area. Mr. Lang advised that the electricity had not been run to this area at this time and that no cost had been discussed with the utility company. Mr. Savage, City Manager, asked if this building could possibly be moved to the Turner Street Park complex this fall. Mr. -3- 001146 Lang stated that it would depend on the amount of storage that they might have at Turner Street Park in the concession stand area, however, if it is needed, it could certainly be moved to that park complex. There being no further discussion, Mayor Pollard 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 8. CONSIDERATION OF INCENTIVE PROGRAM FOR THE COLONY VOLUNTEER FIREMEN Fire Chief Ronnie Gothard was present to present this Incentive Program for the Council to review. He stated that the City presently has a very effective group of volunteer firemen and, presently, the City sponsors free Cokes for the volunteers. However, Chief Gothard stated that he felt a more substantial method of compensating the volunteers for their hours of service to the community could be initiated. He then presented to the Council the following program: Member Enters Department: Issued pager, bunker clothing Completes 18-Hour Introductory Course: Promoted to firefighter and issued uniform shirt Driver I/EC^: Issued Fire Department patch Driver II/EMT: Issued Fire Department badge Driver/Engineer: Issued Fire Department collar brass and epaulets Lieutenant: Issued uniform pants, collar brass and epaulets Captain: Issued uniform pants, collar brass and epaulets District Chief: Issued uniform pants, collar brass and epaulets Assistant Chief: Issued uniform pants, collar brass and epaulets He told the Council that the ranks have been established as well as the criteria to achieve these ranks. He told the Council that $2,650 has been budgeted for Cokes for this fiscal year and, at this time, $1,297 of that amount has been spent. He stated that at this time, although he did not have the exact cost, he did not anticipate this Incentive Program going over $1,800. Chief Gothard stated he did review this Incentive Program with the volunteers on February 23, 1982, and the volunteers did seem to support it, and he has received no negative feedback from any of the volunteers. At this time, Councilman Poole stated that she personally felt the backbone of The Colony's growth were our volunteers in all areas and that all volunteers needed recognition; therefore, she would like to move at this time to initiate programs to recognize all volunteers. This motion was seconded by Councilman North. There followed discussion. Councilman Adeler felt that we should honor all outstanding employees also. Councilman North asked that Chief Gothard look into a different system for the dispensing of soft drinks. He suggested that a dispenser could possibly eliminate abuse of the program. Also, a 14-ounce soft drink would cost the City approximately three cents. Councilman Dodds thought that perhaps tokens to be distributed to only the volunteers would eliminate the abuse of the program. He also stated he had a personal problem with approving this Incentive Program without additional cost figures. At this time, Chief Gothard did go over the estimated cost for the uniforms, badges, collar brass and epaulets. He stated that based on these estimated costs and a 35-member volunteer force, he was anticipating the maximum cost to be $1,810. After a brief discussion of methods of budgeting these items and actual costs, Councilman Dodds then moved to table this agenda item until complete costs could be presented to the Council. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: Councilmen North, Sample, Adeler, Dodds and Mayor Pollard Noes: Councilmen Parker and Poole Mayor Pollard then called for a five- minute recess. 9. DISPOSITION OF OLD GENERAL FIRE TRUCK Mr. Savage stated that the 1950 General fire truck has been inoperative for some time. Presently, the radiator and muffler are in need of repairs, -4- 001147 however, because of the age of the vehicle and the difficulty of finding parts, the General has been taken out of service. Mr. Savage stated that at the last City Council meeting, the question of giving the General to The Colony Volunteer Fire Department was raised. Based on the Council's request, Mr. Savage did review the issue with the city attorney. Rob Dillard, attorney for the city, suggested the best way to handle disposi- tion of the General, stated Mr. Savage, is to formally transfer the responsi- bility for the operation and maintenance of the vehicle to the volunteers but retain title and insurance on the vehicle. He based his suggestion on the fact that the Volunteer Fire Department is an arm of the city and that the city is ultimately responsible for the volunteer operations, explained Mr. Savage. At this time, Mr. Savage outlined the following recommendations to the Council: 1. The volunteers should assume full responsibility for the cost of operating and maintaining the General. 2. The volunteers should operate the vehicle in accordance with guide- lines established by Fire Chief Ronnie Gothard. The General should be used strictly for ceremonial purposes and not emergency or training purposes. 3. The General should continue to be housed at Station No. 2. 4. The General should be insured by the City for ceremonial use. 5. If, in the future, the volunteers no longer desire to operate and maintain the vehicle, the City Council shall decide disposition of the vehicle. There followed a brief discussion regarding the old General. It was suggested by the Council that the staff look into insurance for the vehicle under an antique rating rather than as a commercial truck or fire truck. At this time, Councilman Dodds moved to approve the disposition of the old General fire truck as recommended by Mr. Savage, City Manager, in the five above-mentioned points. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: Councilmen Sample, Parker, Dodds, Poole Mayor Pollard Noes: Councilmen North and Adeler 10. CONSIDERATION OF RESOLUTION COMMENDING THE EFFORTS OF THE COLONY JAYCEES FOR THEIR WORK IN PARIS, TEXAS Mayor Pollard recognized members of The Colony Jaycees that were present, and then read aloud the following resolution: WHEREAS, the Jaycees believe that faith in God gives meaning and purpose to human life and the brotherhood of man transcends the sovereignty of nations, and WHEREAS, the Jaycees also believe that service to humanity is the best work of life, and WHEREAS, the Jaycees is an organization of 400,000 men between the ages of 18 and 36 that are dedicated to building a better tomorrow today to meet the needs of their communities. NOW THEREFORE be it resolved by the City Council of the City of The Colony, Texas: That The Colony Jaycees be commended for their active support of the Paris Jaycees in their relief efforts after the tornado which struck and devastated a portion of the City of Paris on April 2, 1982, by on the scene clean up projects and sponsoring a clothing and furniture drive in The Colony. SIGNED THIS DAY OF , 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY -5- 001148 Councilman North moved to approve this resolution. The motion was seconded by Councilman Sample. Prior to voting, Councilman Parker stated that Beverly and Jerry Wise did assist the Jaycees in obtaining a truck from Fox & Jacobs for the use in transporting necessities to the Paris, Texas area. He requested that a letter of thanks be written to the Wises for their efforts. The Council concurred. Mayor Pollard then 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 11. CONSIDERATION OF LIONS CLUB PARK MASTER PLAN AND PARK IMPROVEMENTS Mr. Cliff Orme and Mr. Roger Lewis, representatives of The Colony Lions Club, presented the map shown on Page 7 (Exhibit A) to the Council for their consideration. Mr. Orme did note that the map does outline the pro- jects that are under construction and those that are proposed or future construction. He stated that the Lions Head water fountain will be installed within the next two weeks. Mr. Herold, Director of Parks and Recreation, stated that the entire master plan has not been presented to the Parks and Recreation Board for their review at this time, and he would like for this to come before their meeting scheduled for Wednesday, May 12, 1982.' After review, Councilman Sample moved to approve this plan as presented to the Council. This motion was seconded by Councilman Dodds. The motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 12. STATUS REPORT FROM THE GOALS COMMITTEE Mr. Charles Hammons, Vice Chairman of The Colony Goals Committee, was present to present this report to the Council. He stated that the first step was self education. He stated that the Goals Committee received pre- sentations from Neal Jones of the Zales Corporation on goal setting, Dick Mathis of SMU regarding urban sociology, Bob Wegner of UTA on planning and zoning, Tom Forrest from The Colony Municipal Utility District and Ron Walden from Fox & Jacobs, Inc. Mr. Hammons gave special thanks to Dan Savage, City Manager, for his continued guidance to the group. The second aspect of the Goals Committee was to receive citizen input. He stated that at an early point in the process, the Committee felt it was important to give a sense of ownership to the citizens and to capture citizens' concerns before they began the complicated goal formulations. He stated ,, that on February 20, 1982, they did a "man-on-the-street survey in front of Winn Dixie with a very simple questionnaire. This gave them input to continue on their goal setting task. The goal formulation is their third and most important area. They have done their work by an informal analysis of the survey data received. They have categorized the areas of most concern; those being citizen awareness, city services/utilities, commercial/ retail development, growth, industry, parks and recreation, transportation. He advised also that in the far future, education is another concern men- tioned by citizens. In their report to the Council, they do plan on presenting a general goals statement and, under that, outlining long-term goals which should be accomplished within two to five years, as well as short-term goals, which should be accomplished from zero to two years. The Committee will provide the Council with backup information on this recommendation. Currently, Mr. Hammons stated that they are in process of completing the draft of the goal document. This goal document will be presented in a Public Hearing on May 19th. A final report will be presented to the Council at their June 7th meeting. Councilman Sample asked why the Public Hearing will be held before the document is presented to the Council. Mr. Hammons explained that this is a citizen document, and the Goals Committee would be looking for proper representation of the citizens. This Public Hearing would also give the citizens a sense of ownership of this document. He added that he did not expect a great deal of changes to come from this Public Hearing but, if necessary, they could be made prior to the final 0O1150 document presentation to the Council on June 7th. The Council all expressed concern that they should have a copy of the document prior to the May 19th Public Hearing. Mr. Hammons stated that they would have one. Council- man Poole was also concerned regarding publicity for the Public Hearing. Mr. Hammons said it would be publicized even if he had to pay for it from his own personal funds. Mayor Pollard stated that he would be present at the May 19th Public Hearing. 13. CONSIDERATION OF ACCEPTING AND AUTHORIZATION OF CITY MANAGER TO SIGN CORPS OF ENGINEERS LICENSE NO. DACW63-3-82-0719, STEWARTS CREEK PARK, LAKE LEWISVILLE, TEXAS Mr. Savage advised the Council that this was a one-year license. Councilman Dodds then moved to defer discussion of this item until after Agenda Item No. 14. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 14. RECEIVE REPORT ON STEWARTS CREEK PARK Mr. Rick Herold, Director of Parks and Recreation, told the Council that the May 1st clean up of Stewarts Creek Park was an outstanding day. He estimated that 100-125 people attended, and the average person worked at least five hours. At the end of the day when the free barbeque was provided, there was a very positive feeling of accomplishment. He stated that he would like to give special thanks to Fox & Jacobs, Texas Waste Management, the Lions Club, the Jaycees, Frito-Lay, The Colony Bank, the Boy Scouts, the Girl Scouts, and all citizen volunteers. Councilman Parker wanted it noted that the Boy Scout group that participated was an Eastvale Boy Scout group, which shows that this park is of interest to many people in this area. Mr. Herold noted that May 15th is scheduled to be a second work day in the park. There followed a lengthy discussion regarding the cost to operate the park and the administration of a park fee. Mr. Herold presen- ted the following cost breakdown to the Council: Mowing (General): Mowing from tree line to tree line. Approximately 40 acres--Cost -0-, donated by Fox & Jacobs, A1 Jeremias, Area Sales Manager. Mowing (Fine): Around picnic tables and beach areas. In-house and donations. Cost $200.00 Insurance: As required by the United States Corps of Engineers as per the lease. Cost $800.00 Electricity: To run pump, security lights. Cost $1,000.00 Restroom Service: The price quoted reflects a bid from Mitch Cole, of M & M Cleaning of The Colony. Would include all chemicals, tissues and pumping. Could use alternate possibility. Cost $4,320.00 Trash Pick Up: Service provided by Texas Waste Management. (Two times a week dumping.) Cost $900.00 Printing: For fee stickers, miscellaneous forms, registration information. Cost $400.00 Manpower: One person during summer (14 weeks, between 8:00 a.m. and 5:00 p.m.) Cost $4.00 plus FICA, seven days a week - $3,340.00 Volunteer: The Girl Scouts of America have pledged their continued support of the project throughout the summer. Other people have also pledged support on a continuing basis. Cost -0- Maintenance: For broken lights, fixtures, miscellaneous repairs. Cost $1,000.00 Total Costs: $11,960.00 -8- OO1151 Mr. Herold told the Council that the volunteer help he felt sure would continue throughout the year, which could possibly hold some of these costs down. Councilman Sample asked if it would be possible to have volunteers back up the one paid employee during the summer hours. Rick Hero]d agreed that possibly a volunteer could provide some backup to the paid employee. There followed a lengthy discussion regarding fee control in the park. The Council was in agreement that an employee should be in the park for at least 12 hours during summer operations. At this time, Councilman Parker stated that it was the viewpoint of the Park and Recreation Director, as well as himself, that this is a family park, and it could possibly be self- sustaining if a fee was charged; however, he was concerned that the lease contract does not allow for a fee structure at this time. He further stated that fees should not be collected at the park but at points within the city. He also felt that the caretaker and the security employee should not be the same person. Although he was in favor of a fee, he felt that the primary enforcement of this should be the honor system. Councilman North stated that an exact procedure for this fee schedule should be devised and brought back to the Council at the next meeting. He requested that a fee be estab- lished, and a decision be made on the type of permit that should be issued. The option of an honor box and a security gate, as well as the locations where these permits shall be sold should also be determined prior to next week's.meeting. Mayor Pollard said he felt this should be on the next meeting if the Council agreed. It was a consensus of the Council that an ordinance establishing a fee schedule should be reviewed at the May 10th Council meeting. Councilman Parker stated that this must be acted upon soon, as this informa- tion must be given to the Corps of Engineers for their approval. 13. CONSIDERATION OF ACCEPTING AND AUTHORIZATION OF CITY MANAGER TO SIGN CORPS OF ENGINEERS LICENSE NO. DACW63-3-82-0719, STEWARTS CREEK PARK, LAKE LEWISVILLE, TEXAS Mayor Pollard noted that they were returning to this agenda item after receiving the report regarding Stewarts Creek Park. Councilman Dodds then moved to authorize the City Manager to enter into this license agreement with the Corps of Engineers. This motion was seconded by Councilman Adeler. Councilman North stated that he was concerned that Section No. 10 does not give the local police any jurisdiction within the park. Mr. Savage stated that he had discussed this in a conference call with Rob Dillard and the Chief of Police, and the attorney is also concerned that we have no authority in the park. An alternate solution could possibly be an agreement with Denton County. There followed a discussion of annexation of the park. Mayor Pollard stated that he did have a meeting with Mr. McKean of the Lewisville office of the Corps of Engineers, and he was advised that we could annex property into the lake area. Based on this, Mayor Pollard recom- mended that we start the annexation proceedings, and that we enter into a contract with Denton County for interim enforcement in the area. Mr. Savage further advised the Council that we will have the legal of Stewarts Creek Park by the end of this week. It was pointed out by Councilman Parker that this will not interfere with the County's resurfacing of Stewarts Creek Road into the area. There being no further discussion, Mayor Pollard 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 Mayor Pollard then called for a five-minute recess. 15. CONSIDERATION OF RELEASING UNIVERSAL HEALTH SERVICES BOND FOR APPLICATION FOR CERTIFICATE OF NEED Mayor Pollard read aloud the following memorandum from Mr. Savage, City Manager: "Bill Grinwis with Universal Health Services has advised me that his corporation has filed its appication for a certificate of need with the regional Health Systems agency and the Texas Health Facilities Commission. Universal Health Services posted a $10,000 escrow deposit with the City to guarantee its inten- -9- 001152 tion of applying for the certificate of need. By filing its application, Universal Services has met its commitment. Mr. Grinwis has asked that the City release the $10,000 escrow deposit. "I recommend that the City Council approve the release of this $10,000 to Universal Health Systems." At this time, Mayor Pollard advised the Council that a deficiency letter has been issued from the state. Mr. Savage further advised the Council that this is a very common step in the course of events after a certificate of need has been applied for at the state level. After a brief discussion, Councilman Parker moved to table the release of the $10,000 to Universal Health Systems until the deficiency is corrected with the certificate of need. His motion was seconded by Councilman Sample. Mr. Savage stated that presently Mr. Grinwis was in the hospital, but he would be notified by letter of the Coun- cil's action. Mayor Pollard then 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 16. REVIEW DRAFT OF MINIMUM HOUSING CODE Mayor Pollard stated that he had talked with the Council, and the Council is in agreement that they will discuss this minimum housing code on an indivi- dual basis with Mr. Bradburry or Mr. Savage during the following week. 17. DISCUSSION OF AGENDA PROCEDURE Janice Carroll, City Secretary, recommended that the Council consider two deadlines, one being finalizing of the agenda and the other being the completing of the packet for the Council, as well as the posting of the agenda. She explained that preparation time from a staff perspective always takes much longer than predicted, and she recommended that the deadline for having items placed on the agenda be at least two days before the posting/packet deadline. She stated that it was her personal opinion that having the agenda and packet completed one week prior to the meeting would create some delays in taking action on some business items, however, if the Council concurred with a one-week plan, the staff could certainly handle the procedure. She did add that these thoughts are based on having only two regular meetings a month. She also stated that the resolution passed on November 4, 1981, identified the positions that are authorized to place items on the agenda, and that she did agree with the authority of those persons to do this, however, she did personally feel that one person should be in charge of the administra- tion of each agenda and that traditionally this has been the mayor. There followed a very lengthy discussion regarding the agenda deadline, how items are placed on the agenda by Council as well as citizens and the final authority on the agenda. It was agreed by the Council that the deadline for placing items on the agenda would be Tuesday at noon and that the deadline for posting and the packet would be Wednesday at 5 p.m. It was also agreed that packets and agendas for special sessions would not be due until Friday at 5 p.m. The Council then discussed at length the ability of citizens to place items on the agenda as outlined in Resolution 81-8. Councilman North noted that Resolution 81-22 supersedes Resolution 81-8. However, it was noted that not all areas of Resolution 81-8 are addressed in Resolution 81-22. Councilman Sample noted that in Section 2, Items b. through e. of Resolution 81-8, a good definition of citizen input procedure was provided, and he requested that this be included in a new procedure resolution. It was concurred that the Mayor or a Council member, the City Manager and the City Secretary may place things on the agenda. A citizen may orally request something to be on the agenda through the Mayor, Council or City Manager. It was agreed that a citizen may place things on the agenda himself if the item is requested in writing. They agreed that the procedure for citizen input as outlined in Resolution 81-8 should be included and that there will be no individual administratively in charge of the agenda formation. Councilman Dodds then moved to direct the staff to prepare an agenda procedure resolu- tion. The motion was seconded by Councilman Sample and passed by the following roll call vote: , Ayes: All members present voted aye Noes: None -10- 001153 18. CLOSED DOOR SESSION DEALING WITH PERSONNEL A. PLANNING AND ZONING COMMISSION B. BOARD OF ADJUSTMENT AND APPEALS C. INDUSTRIAL DEVELOPMENT CORPORATION Mayor Pollard then announced that the Council would meet in a closed door session, as authorized by Article 6252-17 of Vernon's Annotated Civil Statutes. 19. CONSIDERATION OF ACCEPTANCE OF BOARD RESIGNATIONS AND APPOINTMENTS TO: A. PLANNING AND ZONING COMMISSION B. BOARD OF ADJUSTMENT AND APPEALS C. INDUSTRIAL DEVELOPMENT CORPORATION Mayor Pollard asked for nominations for appointments to the Planning and Zoning Commission. Councilman Dodds nominated Bill Metting. Councilman North nominated George Scalise, Kermit Pittman and Jay McBride. At this time, Councilman North moved that the nominations cease. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard called for a vote for Bill Metting, candidate for Place 5 on the Planning and Zoning Commission: Councilman North, no Councilman Sample, aye Councilman Adeler, aye Councilman Parker, no Councilman Dodds, aye Councilman Poole, aye Mayor Pollard, abstention Mayor Pollard then called for a vote on F. Jay McBride, candidate for Place 3 on the Planning and Zoning Commission: Councilman North, aye Councilman Sample, aye Councilman Adeler, aye Councilman Parker, aye Councilman Dodds, aye Councilman Poole, aye Mayor Pollard, abstention Mayor Pollard then called for a vote on Kermit Pittman, candidate for Place 4 on the Planning and Zoning Commission: Councilman North, aye Councilman Sample, aye Councilman Adeler, aye Councilman Parker, aye Councilman Dodds, aye Councilman Poole, aye Mayor Pollard, abstention Mayor Pollard then opened the floor for nominations to the Board of Adjust- ment and Appeals. Councilman Dodds nominated George Scalise. Councilman Parker nominated Prentice Ables. Councilman Dodds moved that the nominations be closed. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pollard called for a vote on George Scalise, candidate for Alternate Place 1 on the Board of Adjustment and Appeals: -11- 001154 Councilman North, abstention Councilman Sample, no Councilman Adeler, aye Councilman Parker, no Councilman Dodds, aye Councilman Poole, no Mayor Pollard, abstention Mayor Pollard then called for a vote on Prentice Ables, candidate for Alternate Place 5, Board of Adjustment and Appeals: Councilman North, no Councilman Sample, aye Councilman Adeler, aye Councilman Parker, aye Councilman Dodds, aye Councilman Poole, aye Mayor Pollard, abstention Mayor Pollard then noted that Prentice Ables has been appointed to Place 1 Alternate position on the Board of Adjustment and Appeals. Mayor Pollard then opened the floor for nominations to the Industrial Development Corporation. Councilman Sample nominated Bob Brown. Councilman Dodds nominated Bob Lux. Councilman Dodds then moved to close the nominations. Seconded by Councilman Adeler, the motion failed by the following roll call vote: Ayes: Councilman Adeler Noes: Councilmen North, Sample, Parker, Dodds, Poole Abstention: Mayor Pollard Councilman North then moved to continue the nominations at the next regu- larly-scheduled meeting. Seconded by Councilman Sample, the motion passed by the following roll call vote: Ayes: Councilmen North, Sample, Adeler, Poole Noes: Councilmen Parker, Dodds Abstention: Mayor Pollard There being no further action to be taken by the Council, Councilman North moved to adjourn the meeting. Seconded by Councilman Parker, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 1:20 a.m. GENE/~W-OLLARD, MAYOR ATTEST: J A :NT~/~/AAR~RO~ ' CA~ITY'~SE'CRETARY / -12-