HomeMy WebLinkAbout07/19/1982 City Council 001221
MINUTES OF THE CITY COUNCIL
OF THE
CITY OF THE COLONY HELD ON
JULY 19, 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
and with Councilman Marlene Poole absent due to illness; however,
a quorum was established.
EMERGENCY ITEM
CLOSED DOOR SESSION DEALING WITH FIRE DEPARTMENT PERSONNEL
Mayor Pollard stated that the Council would now meet in an emergency
posted closed-door session to discuss Fire Department personnel,
as authorized by Vernon's Annotated Civil Statutes, Article
6252-17.
After returning to the Council chambers, Councilman North made
the motion to reconvene in open session. Seconded by Councilman
Dodds, the motion was passed by the following vote:
Ayes: Ail members present voted aye
Noes: None
Mayor Pollard stated that there was no decision made that the
Council needed to act upon in this closed-door session.
2. APPROVAL OF MINUTES
Councilman Parker stated that he would approve the July 6th
set of minutes presented with one correction. He was not in
attendance. Councilman North seconded this motion. The motion
passed by the following roll call vote:
Ayes: Ail members present voted aye
Noes: None
Councilman North then moved to approve the two sets of minutes
for the June 28th meeting. Seconded by Councilman Dodds, the
motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
1. CITIZEN INPUT
Mayor Pollard did note that there was no citizen input at this
time.
3. RECEIVE CITY MANAGER'S STATUS REPORT
Mr. Savage, City Manager, presented to the Council the following
list of audit firms that will be considered in the process to
request proposals. They are:
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Judd, Thomas, Beasley and Smith
John Solana and Associates
Arthur Andersen Company
S. D. Vaugh
Rylander, Clay and Opitz
Pittman and Harris
Peat, Marwick, Mitchell & Company
He asked if the Council had any problems with this list or would
like to add any additional names to please advise him, as he
will be beginning this process shortly.
Mr. Savage advised the Council that the Denton County Court
Services was having an open house on July 27th from 4:00 until
6:00 p.m. and did invite the Council to attend.
He also noted that on July 27th at 7:30 p.m. Frisco was holding
an annexation hearing on the "Tomlin Property" which is approxi-
mately 600 acres north of the City of The Colony.
4. CONSIDERATION OF ORDINANCE CALLING PUBLIC HEARING ON THE
PROPOSED BUDGET FOR 1982/83
Mayor Pollard read aloud the following caption:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING FOR
A PUBLIC HEARING ON THE MUNICIPAL BUDGET FOR THE FISCAL YEAR
OCTOBER 1, 1982 THROUGH SEPTEMBER 30, 1983; PROVIDING A TIME
AND PLACE FOR SAID PUBLIC HEARING, TO-WIT: ON THE 2nd DAY OF
AUGUST, 1982, AT 7:30 O'CLOCK P.M. AT THE COLONY CITY HALL;
PROVIDING FOR NOTICE; AND DECLARING AN EFFECTIVE DATE.
Councilman North moved that this ordinance be passed as presented.
The motion was seconded by Councilman Parker. Prior to voting,
Mr. Savage stated that the hearing will be conducted on August 2nd,
however, he did not anticipate the passage of the budget until
a final tax roll had been prepared. The Council also discussed
the location of this hearing, and it was agreed that it should
be conducted at City Hall. Mayor Pollard then called for a
vote on the motion on the floor. The motion passed by the follow-
ing roll call vote:
Ayes: Ail members present voted aye
Noes: None
5. RECEIVE REPORT FROM CATV
Mr. Savage introduced John Risher, the President of CATV, and
Rick Usrey, the local Manager of CATV. Mr. Usrey advised the
Council that they were currently working in the northeast area
of the City, and would be finished in that area within the next
two weeks. Councilman Sample asked what their current interference
problem was. Briefly, Mr. Usrey explained that it was primarily
due to an amplifier fuse block, which is the direct result of
the increased summer temperatures. However, he assured the
Council they had adjusted for that, and there should be very
little interference for the rest of the summer. Mayor Pollard
asked why the Saturday afternoon service was generally interrupted
Mr. Usrey said he did not know why there should be a particular
trend for Saturday afternoon, however, he would make a study
of this and report back to the Council. Councilman Sample asked
if they had any servicemen that were located in the city. The
Council was advised that the closest serviceman did live in
Frisco at this time. Councilman Parker asked if they had completed
everything as outlined in the original contract agreement.
Mr. Usrey stated that all construction is complete per the contract,
however, not all of the equipment has been received at this
time, and the FCC tests have not been run. The representatives
from CATV explained the FCC testing procedure to the Council
and advised them that it, in itself, is a six-week project.
Councilman Parker asked if it would be agreeable to CATV if the
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Council looked into options other than this exbensive testing.
They did agree to look into this further at the August 2nd Council
meeting. Mayor Pollard also asked that Mr. Risher investigate
the cost of the equipment that would automatically turn on an
individual's T.V. set for emergency override messages. Mr.
Risher advised that he would be able to get the cost on this
within thirty days. After a lengthy discussion regarding channel
usage and services that can be provided with cable T.V., the
Council did concur that they would consider the FCC testing
alternatives at the August 2nd Council meeting.
6. RECEIVE ANNEXATION PETITION FROM LISD, SERVICE PLAN FROM
CITY MANAGER ON A 50-ACRE LAND TRACT LOCATED ADJACENT TO
THE NORTHERN LIMITS OF THE COLONY GENERALLY AT THE INTER-
SECTION OF TAYLOR AND SQUIRES
Mr. Savage advised the Council that the Lewisville Independent
School District has requested that the City annex the 50-acre
tract of land known as the B. B. Owens property into the city.
He explained that this tract is north of Squires Drive in the
vicinity of Taylor Street. If this property is brought into
the city, the City of The Colony will be able to provide police
and fire protection service immediately. Since the city is
not responsible for providing water and sewer service, the LISD
will have to obtain those services from The Colony Municipal
Utility District. At this time, no park facilities exist on
the land, Mr. Savage stated, and no public roads currently run
through the land tract. Since there are no public facilities
on the property at present, the city will not assume maintenance
responsibilities by annexing this property. He also stated
the city will be able to provide all normal city services to
this property upon annexation. Councilman North moved to accept
this petition from the Lewisville Independent School District
and accept the service plan as presented by the City Manager.
Seconded by Councilman Dodds, the motion was passed by the following
roll call vote:
Ayes: Ail members present voted aye
Noes: None
7. CONSIDERATION OF RESOLUTION CALLING A PUBLIC HEARING REGARDING
THE ANNEXATION OF A 50-ACRE LAND TRACT LOCATED ADJACENT
TO THE NORTHERN LIMITS OF THE COLONY GENERALLY AT THE INTER-
SECTION OF TAYLOR AND SQUIRES PETITIONED BY LISD
Mayor Pollard read aloud the following Resolution:
WHEREAS, LISD has requested by petition for a parcel of
land located north of Squires Drive to be annexed into the City
limits of The Colony, and
WHEREAS, annexation of this land parcel will bring all
of the school property into The Colony City limits,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
That two Public Hearings be held to give all citizens and
landowners an opportunity to speak for or against this annexa-
tion. A Public Hearing shall be conducted on the property as
legally described by Exhibit "A" attached hereto on the
day of , 1982 at 7:00 p.m. A Public Hearing shall
also be conducted at The Colony City hall regarding said property
as described in Exhibit "A" on the day of ,
1982 at 7;30 p.m. The City Secretary shall publish notices
of these hearings concurrently not more than 20 nor less than
10 days prior to the hearings in the official newspaper of The
Colony.
PASSED AND APPROVED ON THE DAY OF , 1982.
/s/ GENE POLLARD, MAYOR
ATTEST:
/s/ JANICE CARROLL, CITY SECRETARY
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Councilman Dodds moved to table the consideration of this resolu-
tion until another meeting date. Seconded by Councilman North,
the motion was passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
8. CONSIDERATION OF PARTICIPATION WITH TML AND OTHER CITIES
IN A JOINT STUDY OF LONE STAR GAS' GATE RATE INCREASE REQUEST
Mr. Savage advised the Council that on June 25, 1982, the Lone
Star Gas Company applied to the Texas Railroad Commission for
a 19% gate rate increase. This increase in the wholesale gate
rate would amount to approximately $90 million per annum, which
would ultimately flow through to the city rate payers. Mr.
Savage referred to a letter from the Texas Municipal League
in the Council's packet. He stated that on July 8th, a number
of the city representatives did meet in Austin to determine
the course of action which should be followed. Ail present
agreed that cities should investigate the reasonableness of
Lone Star Gas' rate increase and to oppose any excessive increase.
In order to finance the cost of the investigation and presentation
of the case to the Railroad Commission, Mr. Savage explained
that it will be necessary that each city participating be assessed
a four cents per capita fee. This will be based on the population
figures indicated in the most recent TML directory. He stated
that the population as shown in the TML directory is 11,586,
which multiplied by four cents comes to a total of $463.44.
He did state that the TML representation will make efforts to
seek reimbursement for such cost from Lone Star Gas pursuant
to the Public Utility Regulatory Act. Councilman Parker asked
who would be custodian of these funds. Mr. Savage advised that
the Chairman of the Steering Committee, Don Rorschach, the
city attorney of Irving, Texas, will be the custodian of these
funds. He also assured the Council that this one-time contribu-
tion would cover all costs in this case. He also explained
that on other rate cases, such as TP&L and Southwestern Bell,
a trust fund had been established that is used for this represen-
tation, however, in the Lone Star Gas case, a trust fund is
not established at this time. After further discussion, Council-
man Adeler moved to approve participation in the investigation
of Lone Star's gate rate increase request. The motion was secon-
ded by Councilman Dodds. Councilman Parker then asked what was
the franchise payment made by Lone Star Gas to the city. Mr.
Savage stated it was $4,850 this past year. Councilman Parker
noted that this represented 10% of the money received by the
city, which would go into the study of this increase. Mayor
Pollard then called for a vote on the motion on the floor.
The motion carried by the following roll call vote:
Ayes: Councilmen North, Sample, Adeler and Dodds
Mayor Pollard
Noes: Councilman Parker
At this time, Mayor Pollard interrupted the regular agenda items
to introduce Sandy Jacobs, our new County Commissioner, who
was present at the meeting and to recognize John Twomey, the
Municipal Utility District Board representative to the city.
9. CONSIDERATION OF PROPOSAL FOR DEMOGRAPHIC SURVEY OF THE
COLONY
Mr. Savage advised the Council that he had received two proposals
for a demographic survey of The Colony. The first had been
prepared by Greg Getz and Dick Mathis of SMU; the second one
had been prepared by James Danielson and John Kincaid from North
Texas State. He stated that of the two proposals he did recom-
mend the one prepared by Getz and Mathis, which is the least
expensive and, he felt, the most timely. The cost of this survey
is guaranteed to be no higher than $7,435.83. He did state
that he had discussed with Mr. Getz the advisability of using
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volunteers to circulate the survey and the use of staff assistance
to handle most of the coding. If those two elements are deleted
from their proposal, the cost could be reduced to under $4,000.
He added that on Thursday, July 15th, the MUD Board directors
did agree to share in the cost of this survey with the city
on a 50/50 basis and that they also recommended the Getz and
Mathis proposal. He added that he would like to get the Council's
input on when a contract could be prepared for presentation
at the next regular meeting. The Council shared the opinion
that they did not have adequate information at this time to
make a decision. Councilman Sample requested further informa-
tion as to what would be done before a decision is made. He
also stated he would like for the City Manager to get a quote
from a professional firm also. It was the consensus of the
Council to defer any action at this time and to consider this
survey in more detail at the August 2nd regular meeting.
10. CONSIDERATION OF ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE PURCHASE AGREEMENT FOR THE PURCHASE
OF A MODULAR AMBULANCE
Mayor Pollard read aloud the following captioned ordinance:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A LEASE PURCHASE CONTRACT FOR A 1982
CHEVROLET C-30 MODULANCE VEHICLE WITH The Colony Bank
IN THE AMOUNT OF $40,116.48 ; ATTACHING THE APPROVED CONTRACT
AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
Councilman Parker moved to approve this authorization ordinance
as presented. Seconded by Councilman North, the motion was
passed by the following roll call vote:
Ayes: All members present voted aye
Noes: None
11. REVIEW OF PROPOSED BUDGET FOR THE 1982/83 FISCAL YEAR
Mrs. Ann Beckel, Librarian, presented her proposed budget to
the Council for their review. In personnel, she stated that
she was requesting that the hours of the two part-time librarians
be increased to 15 hours weekly each and that the hourly rate
of pay be increased from $6.00 to $8.00. She was also requesting
a part-time clerk to work 10 hours per week at a rate of $4.00
per hour and janitorial service to be paid $3.50 per hour for
three hours per week. In discussing personnel, the Council
did request that the staff look into optional janitorial con-
tracts for the cleaning of the library facility. The Council
did clarify that the two part-time librarians would not work
at the same time, and they were concerned regarding the schedule
of the hours of the library for a 30-hour week. Councilman
North was concerned that the library did not have regular hours
of operation. Mrs. Beckel stated that they could not serve
the public needs when open for 30 hours if there was not a vari-
ance in those hours. She advised them that her tentative schedule
is to be open on Tuesday, Friday and Saturday from 10:00 a.m.
to 4:00 p.m. and on Wednesday and Thursday from 2:00 p.m. to
8:00 p.m. The library will be closed Sunday and Monday. She
stated it is important that the library be open on Tuesday and
Friday morning for a pre-school program. Councilman Dodds and
Councilman Parker stated they had no problem with these hours.
Mrs. Beckel stated that Classification No. 20, Office Supplies,
has been proposed to jump from $215 for this year to $400 for
next year. She stated that the library officially opened February 17th
in the last budget year, and this increase would represent a
full budget year of operations. The Council agreed to this
increase. Classification No. 21, Postage, has been increased, Mrs.
Beckel stated, from $30 to $500. This cost increase covers
postage for films, the mailing of overdue notices and an inter-
library loan system. There followed a lengthy discussion of
the inter-library loan system at this time. The Council did agree
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that the inter-local loan system should be paid for by the patrons
of the library rather than absorbed by the city. The Council
did agree to lower the postage account to $300. Regarding Classi-
fication No. 3, Magazines, Mrs. Beckel stated that she had increased
this from $200 to $400. She did present a list of the magazines
to which she would like the library to subscribe, which will
make up the library reference section. The Council did agree
with this expense, however, Councilman North did note that he
would like National Geographic to be a part of that magazine
collection. Mrs. Beckel stated that in Classification No. 29,
Process Supplies, there is an increase to $4,000 over the $3,204
budgeted for last year. She explained to the Council that $1,100
of this current budget allocation should be spent in the next
90 days. She explained that this primary cost was for the packet
material for the books, as well as circulation supplies and
library cards. The Council then discussed at length the actual
cost for processing books. Mayor Pollard asked if she did expect
to process 5,000 additional books this year. Mrs. Beckel stated
that she did expect to process a large volume of books during
this budget year. The Council did agree to the $4,000. Mrs.
Beckel explained to the Council that the printing account, which
in the past year has been zero has been increased to $400.
She explained that presently the library does use the copier
at City Hall but has been using paper that has been donated
to the library to copy flyers for schools and informational
pamphlets. However, this paper will not be donated this coming
year. The Council agreed with this allocated amount. In a dis-
cussion of electricity and telephones, the Council clarified
that there will be two new phones with a different number for
the library this budget year. They also asked that Mr. Savage,
City Manager, reduce his budgeted amount proportionately.
Classification No. 44, Travel Expense, has been increased from
$30 to $200, which is primarily to be used for professional
workshops for the two librarians, Mrs. Beckel explained. The
Council agreed to this line item. Classification No. 45, Dues
and Membership, has been increased from zero to $100 to join
professional librarian organizations. The Council agreed.
It was also noted that Classification No. 46, Building Rental,
has been increased to $6,240 to cover the rent for the entire
budget year. Classification No. 50, Building Maintenance, was
increased to $300 to cover the cost of toilet tissue and paper
towels. The Council requested that Mr. Savage look into the
lowering of this expense by the use of a janitorial service.
Classification No. 53, Maintenance of Office Machines, and Clas-
sification No. 64, Office Furniture, were looked at concurrently.
The Council felt that the office machine classification of $250
was justified, however, they did request that the office furniture
account be lowered to $1,000 rather than the $1,400, and that
used furniture be an option that the staff consider. Classifi-
cation No. 65, Audio-Visual Materials, was approved by the Council
as presented by Mrs. Beckel. Classification No. 69, Capital
Other Equipment, which is exclusively books, was increased from
$200 last year to $6,000 this year. Mrs. Beckel stated that
this would include two sets of encyclopedias, reference books
and books for circulation usage. She did advise the Council
that currently the city has not paid for any new books. Mayor
Pollard asked if she did have a list of the books to be ordered.
Mrs. Beckel did present a breakdown of the books to be ordered
from each category. Mayor Pollard said that he felt that this
would be justified, however, he would like for the Friends of
the Library to look at a library fund drive to supplement these
funds to increase the volume in the library. It was noted that
the Friends of the Library would continue to support the library
in any way possible. Councilman Parker asked how many card
holders there were at this time. Mrs. Beckel answered that
presently there were 1,781 card holders. Councilman Parker,
as well as Councilman North felt that it was imperative now
that the library had been approved to provide funds for it to
grow. Mrs. Beckel explained that the average cost of a book
to a library is $10, and the average price of a reference book
to a library is $14. The Council did approve the $6,000 allo-
cation.
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At this time, Mr. Rick Herold presented to the Council for their
review the proposed Parks and Recreation budget. He stated
that in personnel he was requesting the following additions:
One summer recreational assistant, one full-time park laborer
beginning in October, one full-time park laborer beginning in
March and two 18-week, part-time laborers for Stewarts Creek
Park. There followed a lengthy discussion regarding increase
in personnel for this department, as well as the proper usage
of personnel at Stewarts Creek Park. Mr. Herold did clarify
that the instructors for all of the recreation program classes
are paid out of the funds received from registration and are
not budgeted items. The Council asked Mr. Herold what type
of revenue figures he was projecting for Stewarts Creek Park.
Mr. Herold stated that he was expecting to receive at least
$10,000 for park permits based on a $10 fee. He stated that
the total cost of operation for the park should run $24,788.
This will represent a $15,000 expense to the city. The Council
then discussed the possible use of a day-use permit. Mr. Herold
said that should probably bring in an additional $2,500. Mayor
Pollard suggested that Mr. Herold review the fee schedule that
is proposed by the state for Hackberry Park. They also discussed
raising the fee from $10 to $12 or $15. Councilman North asked
Rick Herold if he had any figures regarding the use of Community
Development personnel for park projects during the past budget
year. He stated that he felt the additional personnel in the
Parks and Recreation Department is necessary so that all park
projects can be handled by the department. Council also dis-
cussed at this time the equipment needs for this addition of
personnel. Mr. Herold stated that the improvement of park main-
tenance was a priority item for this year's budget. Classifica-
tion No. 22, Small Tools, was discussed briefly. Mayor Pollard
asked that this account also be coordinated with Community Develop-
ment and the Fire Department. Mayor Pollard stated at this
time he was concerned with a trend in the budgeting process
to hold back on purchasing items until the end of the year to
be used as a possible cushion. Mr. Herold did agree that this
type of budgeting had been done, as the weed eater and chain
saw in his present year's budget had not been purchased. In
Classification No. 24, Fuel, Mr. Herold noted that a pickup
and a tractor had been added, which would increase the cost
from $1,879 to $3,600. In a discussion of Classification No.
37, Electricity, Mr. Herold did note that this includes the
cost for the softball field lights. The use of these lights
was discussed by the Council, and they directed Mr. Herold to
check on a curfew for the hours that the fields will be in use
and also to check on a timer to be placed on these lights.
At this time, Councilman Parker stated that only 8% of the total
budget was to be spent on maintenance and landscaping. He felt
that $10,000 in park maintenance is not enough and was concerned
that there are no actual physical improvements budgeted for
this year. He recommended that Classifications No. 56, Park
Maintenance, and No. 60, Park Improvement/ Landscape, be increased.
Mr. Richard Frohardt, Chairman of the Parks and Recreation Board,
advised the Council that $60,000 had been cut from the budget,
and these cuts were primarily in those areas. He further explained
that $8,000 for lighting to the tennis courts had been cut and
that an athletic exercise course on Greenway Park had been elimi-
nated. This course would have an approximate cost of $6,000.
Also the grassing of fields at $4,000, improved watering capa-
bility $3,000 and the fencing of fields also had been cut from
the budget. In a lengthy discussion, Councilman Parker stated
that the Parks and Recreation Department is also for the general
welfare of the public, as well as the Police and Fire Departments.
Councilman Sample agreed, but he said he was concerned that
we are now funding in a yearly operating budget items that should
be financed under a bond program or grant. After further discussion,
it was the consensus of the Council tht the Classification No.
56, Park Maintenance, be increased from $10,000 to $12,000 and
that the fee for a permit to Stewarts Creek Park be increased
from $10 to $15.
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*Councilman Poole requested that Mr. Savage look into the possibi-
lity of a franchise agreement with Southwestern Bell Telephone.
Mr. Herold further stated that Classification No. 18, Uniforms,
has been increased from $107 to $591 to begin a uniform insignia
program for his employees. He stated that presently his employees
do not wear uniforms. Classification No. 29, Miscellaneous
Supplies, is primarily used for trophies, plaques, t-shirts
and the purchase of a PA system in the amount of $600. Classifi-
cation No. 44, Travel Expense, has been increased from $250
to $400. At this time, Councilman Parker asked Mr. Savage to
look into the status of the lease application for Stewarts Creek
Park and the best possible time for the park to open. Mayor
Pollard requested that Mr. Herold prepaer a projection of main-
tenance and personnel level that he would like to attain through
the next 10 years. Councilma~ Parker asked if a park master
plan was budgeted. Mr. Herold advised that it was not at this
time.
After a brief discussion on the budget schedule, it was agreed
by the Council that they would recess the meeting to Wednesday
at 7:30 p.m. at City Hall. Councilman Dodds so moved, seconded
by Councilman North. The motion was passed by the following
roll call vote:
Ayes: Ail members present voted aye
Noes: None
Mayor Pollard stated that this meeting would be reconvened on
Wednesday, July 21st, at 7:30 p.m. Mayor Pollard adjourned
the meeting at 12:45 a.m.
GE~ POLLARD, MAYrOR
ATTEST:
JAN i/~?" ~ROLL, CI Y
*This request by Councilman Poole was actually made at the July
17, 1982, Work Session. See Page 1 of the July 17th minutes.