Loading...
HomeMy WebLinkAbout06/01/1982 City Council 001171 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JUNE 1, 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: Scott North Mayor Pro Tem Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with Mayor Gene Pollard not in attendance; however, a quorum was established. 1. CITIZEN INPUT Mayor Pro Tem North announced that no one had signed up to make a presentation to the Council at this time, but since the audience was small, he did ask if anyone would like to speak. As no one responded, Mayor Pro Tem North announced the next agenda item. 2. APPROVAL OF MINUTES Councilman Parker made a motion to approve the minutes of the Special Session held on May 10th and the minutes of the Regular Session held on May 17th as presented. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 4. RECEIVE PRESENTATION REGARDING ESA BLOOD DRIVE IN THE COLONY Mayor Pro Tem North introduced Carol Tozar, the coordinator of this blood drive from Presbyterian Hospital, who explained to the Council and members of the audience how the blood club operates. She stated that the plan works very much like a checking account, in that for every unit of blood donated, credit is given to the individual's account for one unit. The credits for blood can be used by a member from any location. The credit given is $15.00 for each pint of blood donated. Councilman Dodds asked when this blood drive was to be held, as well as the time and location. Ms. Tozar answered that it would be Sunday, June 27th, from 12 noon until 4 p.m. at Amreins in Colony Square Shopping Center. Councilman Dodds then asked how someone could make a donation if unable to attend on this day. He was told that a donation could be made at any hospital or blood bank set up to do this, simply by stating where the credit should be applied. The Colony account is at Presbyterian Hospital in Dallas. It was also brought out that credits may be transferred anywhere in the United States. Councilman North then asked if this effort would be helped by a Council Resolution of support, and Ms. Tozar answered that yes it would. Mayor Pro Tem North directed the staff to prepare a Resolution for presentation to the Council at their meeting June 14th designating Sunday, June 27th as The Colony ESA Blood Drive Day. Mayor Pro Tem North then thanked Ms. Tozar and the ESA representatives for attending the meeting. 3. RECEIVE CITY MANAGER'S STATUS REPORT Mr. Savage advised the Council that Saturday, June 5th The Colony will have its annual chili cookoff at Lions Club Park. The event will be the first sanctioned chili cookoff sponsored by The Colony. -1- 001172 Mr. Savage stated that in view of the fact that the new Stewarts Creek Elementary School is scheduled to be opened this fall, he had discussed with Fox & Jacobs, Inc. the need for sidewalks on the north side of North Colony Blvd. on both the east and west sides of FM 423. The City is looking into the possibility of temporary sidewalks at a cost of approximately $4,950, and Fox & Jacobs has agreed to donate all but $1,500 of this cost. Mr. Savage stated that they would like to begin work on these sidewalks within the next week or two. Councilman Parker asked where the funds would come from for this work, and Mr. Savage advised him the money would come from the street maintenance line item in the Community Development Department budget. Mr. Savage advised that the Universal Health Services application for a Certificate of Need has now been dated, and Universal has requested release of their funds being held in escrow since the application has now been formally accepted by the Texas Health Facilities Commission. He advised that the hearing on the applica- tion will be held on August 16th in Austin. Mr. Savage also advised that on Monday, May 24th, he attended a hearing at Plano General Hospital, at which this application was presented and received by the Collin County officials. He said that he would be instructing The Colony Bank to release Universal's escrow funds, and they have met all of the required conditions. Mr. Savage updated the Council on the park grant work which has been done at Turner Street, North Colony, Bridges and Greenway Parks. Randall & Blake has now completed all of the work outlined on these parks, and the City has reviewed the work, finding only one minor problem. While the contractor was finishing the grading at Turner Street Park, the heavy rains began and the top soil eroded on the eastern edge of the park near the creek. The contrac- tor has agreed to replace the 1000 yards of dirt at cost, for an estimated $2,000. Mr. Savage advised that he felt this could be handled as a change order to the contract. He also advised that there were two aspects to this problem: (1) The culvert pipe under the dirt road which belongs to the County is inade- quate to handle the runoff caused by the heavy rains, and (2) the drainage culvert under Turner Street is laid out so that water actually runs uphill when rain is heavy. Mr. Savage stated that he felt a flapper valve could be installed to take care of the latter problem. He also advised that Victor Baxter of Schrickel Rollins does recommend that the City complete the contract with Randall & Blake. Councilman Sample asked if we spent $2,000 to replace the dirt which has eroded, what would keep it from washing away again. Mr. Savage answered that he felt that the installation of the flapper valve for the drainage culvert under Turner Street would help and that the situation with the dirt road has been brought to the attention of Denton County, as the County would have to handle this. Councilman Sample was concerned about putting more dirt in before this situation had been corrected. Mr. Savage stated that he felt some relief could be offered by the installation of the flapper valve. Councilman Sample then asked about the expense of this valve and was told the cost would be approximately $500. Councilman Parker then asked what type of liability clause the City had to take care of this type of problem as well as the vandalism experienced recently in the parks. Mr. Savage stated tht he felt the contractor had satis- fied his responsibility by replacing the dirt twice. Councilman Parker was also concerned about whether this would continue to happen in the future and if this was an engineering problem. Mr. Savage stated that this is an engineering problem but not an on-site engineering problem. He also stated that the land at the eastern edge of the park adjacent to the creek is low; therefore, when we get heavy rain, there will be flooding problems. Concerning the vandalism, Mr. Savage stated that this occurred after the inspection of the work in April and, at that time, the contractor had completed the required installations. Councilman -2- 001178 Sample asked about the City's insurance coverage, and Mr. Savage stated that the City carries liability and property damage, but he would need to review the policy to give more detailed information. He did advise that there would probably be a deductible involved. Mr. Savage then advised the Council concerning some of the necessary steps involved in the budget timetable. He asked for guidance from the Council before setting up a formal timetable. He stated that during the month of June, he would be going over departmental budgets with the department heads, as well as preparing his own budget. He asked the Council if they would like to have Town Hall meetings such as the ones which were held last year, before the filing of the budget on July 15th. Mayor Pro Tem North stated he felt that the Town Hall meetings last year did do a good job of getting the word out about what the various departments were proposing, and he felt this was very beneficial and therefore should probably be done again. Councilman Dodds agreed and stated that even though these meetings were not attended by great numbers of citizens, the ones who were interested did come, and we were able to go through the budget process without any surprises. Councilman Adeler also concurred stating that he thought the meetings were well done last year. Councilman Sample felt that these meetings could be condensed, rather than having each department on a separate night, and Councilman Adeler concurred with this. At this point, Mr. Savage stated that the Town Hall meetings could be totally separate from the actual budget review, and he also felt that this should be a time for department heads to have the opportunity to present their ideas to the Council. He felt that the department heads had a need and responsibility to prepare a budget based on their own under- standing. After considerable further discussion about timing of these meetings, Mr. Savage stated that he would draw up a schedule and present it to the Council at the next meeting on June 14th. Mr. Savage advised the Council that the Corps of Engineers has sent the City applications for a lease agreement asking for a master plan for Stewarts Creek Park. Mr. Savage told the Council that the City received a franchise check from Texas Power & Light in the amount of $129,000 Friday, May 28th. Mr. Savage stated that he had been asked to update the Council on the Paige Road drainage problem, but he did not have a lot to report as it has not stopped raining for any length of time. Mr. Tom Cravens of Fox & Jacobs was present and stated that if it does not rain this week, they should be able to begin some work on this problem. At this time, Councilman Parker asked about the status of the newspaper stands, and Mr. Savage replied that he and Councilman North had not had time to complete work on this yet. Councilman Sample asked about the status of the certificate of occupancy ordinance. Mr. Savage advised that he had talked with Rob Dillard this morning, and Mr. Dillard advised that he could possibly have this ordinance prepared by Friday, so it could be placed on the agenda for June 14th. Councilman Adeler asked about the possible use of paper garbage bags and was advised by Mr. Savage that nothing had been decided as yet. At this time, Mayor Pro Tem North called for a five-minute recess. 5. CONSIDERATION OF "LIFE BE IN IT" PROCLAMATION Mr. Rick Herold, Director of Parks and Recreation, was present to present this Proclamation. He supplied the Mayor and members of the Council with the brochures detailing the department's summer program for which registration had already begun. Mayor Pro Tem North noted that the department had again done an outstanding and excellent job on this program and also stated that at a -3- 001174 meeting which he attended, he was advised by another TML member that this was one of the best productions they had seen in the state. Councilman Parker asked if there had been any problems with conflicts with the LISD programs for the summer, and Mr. Herold advised that there had been none. At this time, Mayor Pro Tem North read aloud the following Proclamation: WHEREAS, individual and organized forms of recreation and the creative use of free time have gained growing importance in the lives of all Americans as they find more and more time freed for personal pursuits; and WHEREAS, organized sports is only one avenue of recreation; rather recreation encompasses a myriad of activities that result in satisfaction and family unity; and WHEREAS, recreation is not confined to the young and those with great physical prowess, but can be pursued by persons of all ages in programs of arts and crafts, tourism, cultural endeavors and nature studies; and WHEREAS, the Life. Be In It. program, unlike others of its genre, promotes a zestful approach to life in general through the encouragement of a broad range of inexpensive recreation activities that do not demand special instructions or special equipment; and WHEREAS, the Life. Be In It. program,in its most far-reaching benefits, can help combat the problems of juvenile delinquency, disabling old age and general depression by subtly highlighting new avenues of interest to every individual in the community. NOW, THEREFORE, Be it Proclaimed tht the City Council of the City of The Colony hereby endorses the Life. Be In It. program and urges citizens to relish the wonders of nature around them. /s/ Gene Pollard, Mayor Attest: /s/ Janice Carroll, City Secretary Councilman Parker moved to approve this Proclamation as presented. Seconded by Councilman Poole, the motion was passed by the follow- ing roll call vote: Ayes: All members present voted aye Noes: None 9. RECEIVE REPORT FROM CATV AND CONSIDERATION OF ACTION ON CONSTRUCTION DEADLINES Mayor Pro Tem North recognized Mr. John Risher who was present to report to the Council, and Mr. Risher introduced Mr. Richard Usrey who is the manager of the local office. At this time, Mayor Pro Tem North requested an update on activities and a timetable on completion of the project. Mr. Usrey explained with the aid of a map which areas had cable and where the cable was in the ground but not yet energized. There were only two small areas remaining to have cable energized, which were covered under the contract: (1) Painter St., Baker Dr., Perrin St. and part of Pettit St., (2) Treese St., Trego St. and part of Underwood St. Councilman Adeler asked for a clarification on what was meant when Mr. Usrey referred to "cable in the ground". Mr. Usrey explained that this would refer to the two areas not yet energized. The cable must be energized before a resident can hook up to it and receive service. Mayor Pro Tem North asked for clarification on whether or not the area which already has energized cable available included everything covered under the contract. Mr. Savage answered, stating that the two areas east of the Lone Star Gas pipeline which are not yet energized were covered under the contract, as they were constructed in November of 1980. Councilman Dodds and Councilman Sample were both very concerned that apparently residents were being given misinformation when calling the CATV office to inquire about when service would be available on their street. Mr. Risher -4- 00117 replied that he was also very concerned about this situation; however, it would be very difficult for him to take any steps to remedy the problem unless he could be given the name of the person in the CATV office giving out the misinformation as the phones are answered by several different people. He also stated that Mr. Usrey would be the one to talk to in order to be sure of getting the proper information about service. Councilman Dodds also stated that he was concerned about the fact that he was told at one point that a certain area was hooked up and he later found that it was not. Mr. Risher explained that again Mr. Usrey would be the one to talk to when making this type of inquiry. Mr. Usrey then gave some statistics on cable service at this time. Currently, 4,008 homes have cable available, and CATV has 1,350 active paying customers already hooked up. There are also 257 homes receiving cable under free one-month agreements bringing the total homes served to 1,607. He stated that this erpresents a 40% saturation of the market. He then broke down this number into the percentage of customers receiving the various channels: Home Box Office 78%, Cinemax 49%, Showtime 62% and Home Theater Network 18%. Mr. Usrey then stated that there were 257 home installed with cable in May,and Mr. Risher stated that this would be approximately 12 homes per day. Mr. Risher stated further that there were 33 people who had made a deposit for cable service who CATV had not been able to contact. It was Mr. Risher's opinion that probably most of these people have moved. Councilman Adeler suggested that they might try notifying these people by mail. Mr. Risher also advised that 36 people have signed up for cable in areas not yet ready, and they have had 55 walk-in customers. At this point, Mayor Pro Tem North advised Mr. Risher that Mayor Pollard had requested that he obtain a firm date on when the area covered by the contract would be entirely finished, i.e., supplied with energized cable and ready for customer hookup. Before discussing a date, Mr. Risher explained the entire process from its beginning, in order to make the point that until all of the steps have been completed, including checking picture quality, it would not be possible to give a customer an exact installation date, as many things could occur during this process to change the date. Councilman Sample was also concerned about having a firm date when this project would be completed. There was some discussion of various ways in which the public could be better informed; some of the suggestions were to have prepared information to be given out by those answering the CATV phones, information on doorknobs in areas which are ready and information in the newspaper. Mayor Pro Tem North then inquired if Mr. Usrey could tell him when Sections 23 and 27 would be ready for service. These two. sections were not covered under the contract. Mr. Risher stated that the first section to be finished would be east of the Lone Star Gas easement; he said that if the rains stopped this area might be completed within two or three weeks. After that work could be finished on Section 27 west of FM 423, where the cable is in the ground but not yet energized. Councilman Sample then asked Mr. Usrey why the telephone cable was not flagged when cable is being installed in back yards. Mr. Usrey answered that the telephone cable is about 18 inches deep, and the CATV cable installation does not require digging to that depth. Mr. Savage also advised that concerning construction in the alleys, the regular meetings held by the utility companies helps to coordinate the scheduling of the construction. Councilman Sample then asked for clarification about what concession CATV was giving for people whose service was installed after the deadline. Mr. Risher stated that they would get their service installed for the $10 deposit they had put up rather than the normal installation charge of $25. At this point, Councilman Parker stated that CATV did accomplish more by the May 18th deadline that he thought possible. He then asked Mr. Risher exactly what CATV was asking for in the way of an extension. -5- 001176 Mr. Risher replied that he would like to ask for 30 working days. Mayor Pro Tem North then stated that the Council wished to grant a firm extension and suggested giving them until Friday, July 2nd and CATV could then give a final report to the Council at their regular meeting on July 6th, and he asked Mr. Risher if this would be acceptable to CATV. Mr. Risher answered that this would be acceptable and stated further that he would be out of town on July 6th but that someone would be present to give the final report to the Council. Councilman Dodds then moved that CATV be granted an extension until July 2, 1982, to complete the cable construction covered under the terms of the contract dated November 18, 1980. This motion was seconded by Councilman Poole. At this point, Councilman Sample stated that he was concerned that this exten- sion actually covered more than the construction and energizing of the cable. He asked about quarterly statements and statis- tical reports, as well as the $15,000 designated for civil defense. Concerning the latter, Mr. Savage stated he felt the character generator now available for the City's use, which is in the Fire Chief's office, was more effective for civil defense than a siren system would be. Mr. Risher stated that it was his understanding that the extension would cover only the construction portion of the contract; especially since some of the other items cannot be completed until needed equipment has been delivered. It was clarified for Councilman Dodds that the $50,000 deposit to guarantee construction of the cable system would not be returned to CATV until the FCC has notified the City that the system is in compliance with all regulations. After further discussion, Mayor Pro Tem North called for a vote on the motion on the floor, and the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None At this point, Mayor Pro Tem North stated on behalf of the Mayor and Council members that everyone had certainly enjoyed the use of the CATV meeting room for Council sessions, and he wished to thank Mr. Risher for making this possible. After further brief discussion of upcoming new programming, Mayor Pro Tem North called for a five-minute recess. 6. CONSIDERATION OF RESOLUTION ESTABLISHING AGENDA PREPARATION PROCEDURES Mr. Savage stated that this Resolution was drafted by Councilman Dodds and asked him to explain its purpose. Councilman Dodds stated that one of the concerns was removal of items from an agenda prior to its posting, and No. 5 under Agenda Preparation was changed making items dealing with the operations or administra- tion of their job duties the only items which could be placed on the agenda by either the City Manager or City Secretary. Councilman Dodds then read the following two options listed under Procedure to Remove Items From an Agenda Prior to Posting: Option No. 1: A written request to the City Secretary signed by a majority of the Mayor and Council to remove an item from the agenda can prohibit its placement on the agenda for consideration. The Mayor and Council shall be able to exercise this power for two consecutive meetings. Option No. 2: The Mayor can verbally advise the City Secre- tary to remove an item from an agenda. He shall be able to exercise this power for two consecutive meetings. During discussion, Councilman Dodds stated that the Resolution, when passed, should list these items as simply Item No. 1 and Item No. 2 under this section rather than as options. He also stated he felt in Item No. 2 that the Mayor should be able to exercise this power for only one meeting. Councilman Dodds then moved to approve the Resolution with these two changes. -6- 001177 The motion was seconded by Councilman Sample. Mayor Pro Tem North then stated that he felt in Item No. 1 that the written request should read as follows: "A written request to the City Secretary signed by any four Council members..." Councilman Dodds then made an amendment to the motion on the floor to change the wording in Item No. 1 to state any four Council members may sign the request to the City Secretary to remove an item from the agenda. This amendment motion was seconded by Council- man Sample. The motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Pro Tem North then called for a vote upon the amended motion. The motion carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None The Resolution as passed will read as follows: WHEREAS, the City Council has adopted Roberts Rules of Order for the conduct of sessions, with the Mayor serving as Chairman, and WHEREAS, the City Council does agree that it is in the best interest of all concerned to establish guidelines for the preparation of an agenda for City Council meetings, and WHEREAS, the City Council feels that citizens do have a right to be heard at Public Meetings and a procedure to insure this right should be established, and WHEREAS, the Home Rule Charter does not provide a procedure for the agenda preparation or for Citizen Input, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: AGENDA PREPARATION 1. Regular Council meetings are held on the first and third Mondays of every month. 2. The deadline for the posting of a regular City Council meeting to be held on a Monday evening shall be the Wednesday before said meeting at 5:00 p.m. The packet of backup informa- tion for Council and interested parties shall also be completed by this time. 3. The deadline for placing an item on the agenda is the Tuesday before said meeting at 12:00 noon. Items placed on the agenda must be of sufficient clarity to enable the general public to determine the nature of the issue for consideration and the type of Council action required. Compliance with the provisions of the Open Meetings Act is required in the preparation of the agenda. 4. Special Sessions are meetings called on dates other than the first and third Monday of each month and shall be posted seventy-two hours prior to the meeting time in accordance with the Texas Open Meetings Act. 5. Provided the above procedures are observed, items may be placed on the agenda by the following: a. The Mayor or individual Council Members b. The City Manager may place items on the agenda dealing with the operations or administration of his job duties. c. The City Secretary may place items on the agenda dealing with the operations or administration of her job duties. d. A citizen or property owner through the Mayor or an individual Council Member e. A citizen, business or organization by written request submitted to the Mayor or an individual Council Member with adequate backup information if necessary. 6. Matters that have been voted on by the City Council shall not be placed on the agenda for reconsideration within six months, unless a majority of the City Council requests in writing to reconsider the matter in question. -7- 001178 PROCEDURE TO REMOVE ITEMS FROM AN AGENDA 1. A written request to the City Secretary signed by any four Council Members to remove an item from the agenda can prohibit its placement on the agenda for consideration. The Council shall be able to exercise this power for two consecutive meetings. 2. The Mayor can verbally advise the City Secretary to remove an item from an agenda. He shall be able to exercise this power for one meeting. GENERAL CITIZEN INPUT 1. The first and third Mondays are Regular Council meetings ~ and at these meetings citizens wishing to inform the City Council of problems or concerns will be given the opportunity to do so under the heading of "Citizen Input". 2. A list will be provided for citizens to sign prior to the meeting. 3. Each speaker must stand, identify himself, and limit his presentation to five minutes. 4. The Mayor does have the responsibility and right to rule a citizen out of order and ask that he relinquish the floor. 5. The Council cannot take action on a subject that is not specifically listed on the agenda but will put it on a future meeting for action or refer it to the proper City department. This resolution supersedes City of The Colony Resolutions No. 81-8 and No. 81-22. This resolution shall hereby repeal Resolution No. 82-22. PASSED AND APPROVED ON THE 1st DAYOF JUNE, 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY 7. CONSIDERATION OF RESOLUTION APPROVING THE ANNEXATION OF ~-- A LAND TRACT INTO THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 Mayor Pro Tem North read aloud the following Resolution: WHEREAS, the City Council does agree that it is in the best interest of the citizens of The Colony for this land to be serviced by The Colony Municipal Utility District #1, and WHEREAS, the City Council has determined that this land, owned by Fox and Jacobs, Inc., is located within the city limits of the City of The Colony: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That the majority of the City Council of the City of The Colony hereby, by Resolution, give our consent for property described by the attached legal description (Exhibit "A") owned by Fox and Jacobs, Inc. to enter into The Colony Municipal Utility District for sewer and water services. PASSED AND APPROVED ON THE 1st DAY OF JUNE, 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY __ Councilman Parker moved to approve this Resolution as presented. The motion was seconded by Councilman Dodds. Mayor Pro Tem North asked Mr. Savage to explain the situation making this Resolution necessary at this time. Mr. Savage stated that this was the model complex south of Arbor Glen Road, which is not currently in the Municipal Utility District. He ex- plained further that it is State law that the Municipal Utility -8- 001179 District get permission from the dity involved before annexing land into their district; since the model complex is within the city limits of The Colony, they do require The Colony's permission in order to annex it. Mayor Pro Tem North asked about Fox and Jacobs' request prior to the building of this model complex for permission to construct a lift station because the area was not in the utility district. Mr. Tom Cravens, a representative of Fox and Jacobs, responded that none of the lots could be sold until a permanent sewer system was installed. Councilman Adeler asked for clarification that this annexation concerned only the model complex south of Arbor Glen, and Mr. Savage stated that this was correct. At this time, Mayor Pro Tem North called for a vote on the motion on the floor. The motion carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None 8. ACCEPTANCE AND AWARDING OF GRASS SEEDING OR SPRIGGING BIDS AND AUTHORIZATION ORDINANCE ON SAME Mr. Dan Savage, City Manager, stated that three bids were received on May 14, 1982. In the invitation to bid, the City gave four options: (1) seeding, (2) sprigging, (3) hydro mul- ching and (4) hydro seeding. Jim Eagle Turf Industries, Inc. submitted the low bid of $16,280 on Alternate Bid A, which called for sprigging the three parks with Tifway 419, a hybrid Bermuda. The bids received were as follows: Dave Manders $47,884.00 Alternate B Only Hydro Mulching Thomas Bros. 23,887.23 Base Bid-Seeding Grass Co. 33,093.48 Alternate A-Sprigging 38,212.00 Alternate B-Hydro Mulching 29,718.42 Alternate C-Hydro Seeding Jim Eagle Turf 18,763.00 Base Bid-Seeding Industries, Inc. 16,280.00 Alternate A-Sprigging 29,010.00 Alternate C-Hydro Mulching Alternate B-No Bid The specifications also called for soil preparation, initial fertilization, post planting fertilization and post planting maintenance including watering, weeding and replanting for at least 30 days after initial planting. The specifications prepared for this bid differed from those used for the change order submitted to the City Council in April, stated Mr. Savage, in that initial and post planting fertilization were added. This originally would have been done with City forces. Also with the approach of the summer months, the post planting maintenance provisions were added to make the contractor responsible for any watering, weeding or replanting. The park grants include funds for the grassing of these three parks, and the total originally set aside for this work was $19,710. Jim Eagle did submit the required bid bond with his bid, and he estimated it will take 45 days to complete the work after the work order is issued. Mr. Savage stated that it was staff's recommendation that the City go with the low bid submitted by Jim Eagle Turf Industries, Inc. He stated further that Jim Eagle has done work for the stadium used by the Dallas Cowboys and also at Arlington Stadium and that they are very experienced in their field. Mr. Savage clari- fied for Councilman Parker that the main differences from the change order were the fertilization before and after planting and the post planting maintenance. Councilman North pointed out -9- 001180 that the change order amount would have been $9,600 and asked if we were guaranteeing that this grass would grow for 30 days and adding fertilizer. Mr. Savage answered that this would be the responsibility of Jim Eagle, as well as the other specifi- cations which were added. Councilman North then asked if after this 30-day period was over the Park and Recreation Department could assure the Council that the grass would continue to grow. Mr. Herold answered that all of these parks do have water available. Councilman North then asked what type of grass would have been planted under the change order, and Mr. Herold answered that it would have been common Bermuda and that we probably would not have had sufficient staff to keep this grass growing, as it does require quite a bit of pampering. Councilman North then stated that he was aware that Jim Eagle submitted the low bid but he was concerned about whether the City was getting the most it possibly could from the money being spent. Council- man Dodds stated that common Bermuda must be watered thoroughly each day until it is up, and the Tifway 419 does not require this type of care. Councilman Parker stated that possibly the change order would not have been such a bad deal but it probably would not still stand; Mr. Herold replied that the value of the extra advantages of going with this contract should not be underestimated. At this point, Councilman Poole stated that with common Bermuda, the Park and Recreation Department might seed four or five times and still not have a stand of grass because of the care required, and for this reason she felt the bid from Jim Eagle would be the way to go. Councilman Parker con- curred that this was the best way to handle the work, as Jim Eagle is a professional in the field. At this time, Councilman Dodds made the motion to accept the bid of Jim Eagle Turf Indus- tries, Inc. in the amount of $16,280 for grass sprigging at John W. Bridges, North Colony Boulevard and Turner Street Community Parks. Seconded by Councilman Sample, the motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None At this time, Mayor Pro Tem North read 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 JIM EAGLE TURF INDUSTRIES, INC. IN THE AMOUNT OF $16,280, FOR THE GRASSING OF A TOTAL OF 14.80 ACRES AT THREE CITY PARKS; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds made a motion to approve this ordinance. Seconded by Councilman Parker, the motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF PROPOSAL TO DEVELOP POLICE COMMUNICA- TIONS FACILITY Mr. Savage asked Nick Ristagno, Police Chief, to explain the plans for this facility. Chief Ristagno stated that the $4,000 expense would be only for materials, as the construction work would be done by department personnel, who are qualified in the various needed areas. He stated that at $4,000 minus the expense of moving the communications equipment from the fire station, this would cost the city less than $12.00 per square foot. Chief Ristagno also stated that the current communications room is over crowded and that record-keeping is also becoming a problem, with some of the files at City Hall and some at the Fire Station in the communications room. The addition would make -10- 001181 it possible to begin a records section, contained in one area, easily accessible to all authorized personnel, and secure from all others, also providing extra space in all the offices currently containing the department's spread out records cabinets, stated Chief Ristagno. I. R. Bradburry, Director of Community Develop- ment, did not feel tht there would be any significant problems with meeting codes on this work advised Chief Ristagno. Mayor Pro Tem North asked approximately how long this would take to complete if the work were started immediately. Chief Ristagno answered probably two or three weeks would be required to do the work, and he would like to wait until Officer. Guy Bennett was finished attending school. At this point, Mayor Pro Tem North explained to the members of the audience the situation and the advantages of moving the communications operation out of the Fire Station. Councilman Dodds asked who would be covering for these officers while they are doing this work, as they will be working on this project during their regular eight-hour shifts. Chief Ristagno stated that he and Lieutenant Carroll would be covering the officers' shifts. Councilman Adeler asked if it would be possible to enter this facility from the main City Hall building, and Chief Ristagno answered that it would be and that it could also be entered from the outside without going through City Hall. After further brief discussion, Councilman Dodds made the motion to approve this communications/records building addition and direct the City Manager to transfer funds from Line Items 14, 15, 16 and 17 (group insurance, FICA, workers compensation and retirement reserve respectively) and Line Item 24, Motor Fuel, to cover the $4,000 expense. The motion was seconded by Councilman Sample. Chief Ristagno then clarified for Councilman Adeler that this $4,000 was a reasonably firm cost estimate. Mayor Pro Tem North then called for a vote on the motion on the floor, and the motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None 11. CONSIDERATION OF INTERLOCAL AGREEMENT WITH DENTON COUNTY REGARDING THE POLICING OF STEWARTS CREEK PARK Mayor Pro Tem North asked Mr. Savage to explain this agreement. Mr. Savage stated that it was presented to the Denton County Commissioners Court on May 18, 1982, byChief. Ristagno and himself, and it was approved by the Commissioners on that date. Mr. Savage stated further that the agreement would give The Colony Police Department officers the authority to patrol Stewarts Creek Park and to enforce such regulations as are necessary to exercise the privileges granted by the license which the City has obtained from the Corps of Engineers for the operation of the park. Councilman Parker made the motion to approve this agreement. The motion was seconded by Councilman Dodds. Council- man Adeler asked if the agreement would become effective imme- diately, and Mr. Savage answered that it would. Mayor Pro Tem North asked if the City would be responsible for any injuries or police matters not covered under the license, and Mr. Savage answered that this would still fall under the jurisdiction of the Denton County Sheriff's Office. Mayor Pro Tem North then asked if the City would become involved in case of a drowning in the park, and Chief Ristagno answered that we would, however, we could still call the Lewisville rescue squad or Denton County for assistance, so the Ctiy would not necessarily need a boat. Mayor Pro Tem North then called for a vote on the motion on the floor, and the motion carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None -11- 001182 12. CONSIDERATION OF APPOINTING A VOTING REPRESENTATIVE TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Councilman Dodds made the motion to appoint Councilman Adeler as the City's voting representative to NCTCOG. Seconded by Councilman Sample, the motion carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None There being no further business to be conducted by the Council, Councilman Dodds made the motion to adjourn the meeting. Seconded by Councilman Sample, the motion carried by the following vote: Ayes: Ail members present voted aye Noes: None Mayor Pro Tem North adjourned the meeting at 10:48 p.m. ATTEST: JAN,~/.~C~A~ROLL, CITY SECRETARY -12-