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HomeMy WebLinkAbout09/20/1982 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON SEPTEMBER 20, 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 City Hall 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 that the minutes of the September 7, 1982, regular meeting be approved as presented. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 2. CITIZEN INPUT Helen Gray was recognized. She stated that her concern again was the weeds and litter in the City. Her particular concern was the house adjacent to hers and a gutter close by which she had requested for three years that the City clean up. She stated that Councilman Parker had viewed it and agreed with her that it should be cleaned up. After discussion, Mayor Pollard stated that he would view the property the next day, and Mr. Savage, City Manager, advised that he and the staff would also check into this problem to see that it was corrected. Secondly, Mayor Pollard recognized Harvey Wright, who did agree with Mrs. Gray regarding the weed problem in the City. His concern was the alley on the south side of North Colony Boulevard, however, his main concern was the construction of a high school. He stated that his concern was that this high school just be built no matter what location is chosen. Mayor Pollard stated that The Colony Families Against Drugs would be meeting Tuesday, September 21st at 7:30 p.m. at the Camey Elemen- tary School cafeteria and that Alcoholics Anonymous would begin meeting in The Colony on the last Tuesday of each month at 8:30 p.m. at the Church of Christ. Their first meeting will be September 28th. He also noted that a contact number was 370-7950. 3. PUBLIC HEARING REGARDING TAX RATE INCREASE Councilman Dodds moved that the Hearing be opened. Seconded by Councilman Parker, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mr. Savage did state that the tax rate essentially has gone from $.42 to $.34, however as a result of the reevaluation of property within the City, this does represent an actual increase in dollar amounts to be collected. He did use as an example that a house originally valued at $40,000 would now be valued at $60,000, which would represent a $36.00 a year increase in taxes. There followed a discusssion of some of the services that would be provided for this budgeted amount. Mrs. Helen Gray was recognized. She stated that she had heard that all firemen would be paramedics, and she felt -1- that this was entirely too expensive a project for the City to undertake at this time. Councilman Dodds clarified that presently, of the paid firemen, there are only two on duty at a time, and all six of these paid firemen will go through paramedic training. Councilman North did clarify that it was paid only that are required to have this type of training. Mr. Savage explained that only four volunteers had optioned to go into the paramedic training. Councilman Parker brought up a question at this time regarding the incentive program for firemen. It was noted that $10,000 had been set aside for an incentive program in the Fire Department, and that a five percent increase in pay would be earned by the firemen as they completed each module up to the highest level which is paramedic. Councilman North was concerned that this would give a fireman the option of, in eighteen months, receiving a twenty-five percent increase in salary. He felt that this was a sizable amount. Councilman Sample also disagreed with this percentage increase. He felt that the pay should be for the skills received and used, and it should be based on a flat rate. Council- man Parker also had concerns about this incentive level of pay and said that he felt that some funds could be transferred from this account to the Civil Defense account in the Fire Department, as he saw an upcoming expense for sirens. Mayor Pollard stated that, based on that incentive program proposed by Mr. Savage, a paramedic would receive $225-$250 more than a regular fireman. He also stated that in a salary survey of eighteen area cities, the highest differential paid had been $100 per month. After further discussion, Council did agree that it was the consensus for them to address this at a later date to determine a final incentive pay plan. Based on this consensus, Councilman Parker stated that he felt like monies from this account would have to be transferred to Line Item No. 94 in the Fire Department budget for the purchase of Civil Defense sirens. Helen Gray also stated that she was for Homestead Exemptions in the City. Mayor Pollard said that the Council does agree and that they will be considered next year. At this time, Councilman Poole presented some figures from the proposed 1983 budget for the Denton County Tax Appraisal District offices. She stated that she would like for the City to oppose this proposed budget and, consequently, this opposition could affect Classification No. 30 in the Finance Department. She noted that the City does have until October 15th to file this protest and that nineteen cities must object to the budget before it will be reviewed again prior to passage. After discussion, Councilman Dodds stated that a Resolution should be put on the next agenda protesting this budget increase. Councilman Sample said he also felt that a member from the Appraisal District should be present at that time. Mr. Savage advised that he would invite a representative to the September 27th meeting. John Twomey was recognized and stated that, although there was public apathy toward the budget hearings, he would like to state that he had elected officials to handle the budget process for him, and he would like to commend them on the job they are doing and ask if they had considered any pay for their positions. Councilman Dodds explained that in the Charter at this time it did state that a Councilman would serve without any pay. At this time, there being no further comments for or against the tax levy increase, Councilman Adeler moved that the Hearing be closed. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 4. RECEIVE CITY MANAGER'S STATUS REPORT Mr. Savage advised that the firefighters are starting their para- medic schooling at Parkland Hospital today, September 20th, and that the Cooke County training school would begin September 29th. He advised that the volunteer firemen, as well as the paid firemen, are in the process of painting Fire Station No. 1 at this time. -2- He stated that the Park and Recreation Department's fall program is in swing and that they are working with LISD on the use of their facilities. Councilman Parker did want it noted that the City is paying $2.00 per student per course and that, in essence, the taxpayers are paying twice for the use of the school building. Mr. Savage did explain that this cost does cover a maintenance use cost, which is not reflected in their budget. Mr. Savage advised that Janice Carroll, City Secretary, had dis- tributed memoranda and information regarding the upcoming Texas Municipal League conference. He did urge that the Council review the information and advise Mrs. Carroll as soon as possible regarding their registration. He presented to the Council a letter from Rob Dillard, City Attorney, advising the Council of the outcome of the suit filed against the Town of Eastvale and the City of The Colony by the Crawford family regarding the shooting of their pet dog. He did state that the suit was decided in our favor, although we do pay the attorney fees. Councilman Dodds did request that Janice Carroll begin providing to the Council memoranda on action items. 5. CONSIDERATION OF RESOLUTION OF SUPPORT TO THE CITY OF CARROLLTON FOR THE WIDENING OF OLD DENTON ROAD Mayor Pollard read aloud the following Resolution: WHEREAS, the City Council of the City of The Colony, Texas, has determined that there is a need to improve Old Denton road (FM 2281) from Trinity Mills Road to State Highway 121, and WHEREAS, the City of Carrollton has determined that there is an urgent need to construct the southern half of this project from Trinity Mills Road to a point 500 feet north of Rosemade Park- way, and WHEREAS, the City Engineer for the City of Carrollton has determined that it would cost the City of Carrollton $3,697,085 to build a six-lane divided thoroughfare along FM 2281 from Trinity Mills Road to a point 500 feet north of Rosemeade Parkway, and WHEREAS, the City Council of the City of The Colony is suppor- tive of Carrollton's interest in working with the State Department of Highways and Public Transportation to improve FM 2281 from Trinity Mills Road to State Highway 121 with the City of Carrollton being responsible for: (1) the construction of a six-lane divided thoroughfare from Trinity Mills Road to a point 500 feet north of Rosemeade Parkway, and (2) the cost of curb, gutter, drainage and right-of-way acquisition north of Rosemeade Parkway to State Highway 121 with the State Department of Highways and Public Trans- portation being responsible for the construction of Old Denton Road as a six-lane divided thoroughfare from a point 500 feet north of Rosemeade Parkway to State Highway 121; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That the City Council hereby endorses the construction of FM 2281 as a six-lane divided thoroughfare from the Dallas-Denton County line to State Highway 121 and supports the City of Carrollton in their presentation to the Department of Highways and Public Transportation proposing that they will be responsible for the construction of a six-lane divided roadway along FM 2281 from Trinity Mills Road north to a point 500 feet north of Rosemeade Parkway and That the State Department of Highways and Public Transportation will be responsible for the construction of a six-lane divided thoroughfare along FM 2281 from a point 500 feet north of Rosemeade Parkway to State Highway 121, excluding the cost of curb, gutter, drainage and right-of-way acquisition. PASSED AND APPROVED ON THE DAY OF , 1982. -3- /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman North moved to approve the Resolution as presented. Councilman Dodds seconded this motion. Mr. Savage advised the Council that the Hearing would be conducted in Austin on Wednesday, September 22nd at 9:30 a.m. and felt that it would be appropriate for the City to send a delegation. Councilman North asked if photos had been taken for this hearing. Mr. Savage advised the Council that Carrollton did have a person taking aerial photos of the traffic problems to present to the Board at this time. Although this did not relate particularly to the agenda item, Mr. Savage did note that the Highway Department is marking the right-hand lane on Highway 121 at Old Denton Road, and that the signs will be in place this week. After noting who might attend the hearing, Mayor Pollard called for a vote upon 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 RESOLUTION RESERVING THE RIGHT FOR THE CITY OF THE COLONY TO NAME ALL STREETS IN THE COLONY Mayor Pollard noted that this Resolution had been placed on the agenda at the request of Councilman Dodds. However, at this time he did ask Councilman Dodds if he would also amend his Resolution to include all public parks also. Councilman Dodds did agree with this amendment. Mayor Pollard read aloud the following Resolu- tion: WHEREAS, the City of The Colony feels that the naming of City streets and public parks in a clear and understandable manner is vital to the general welfare of the citizens of The Colony, and WHEREAS, the City of The Colony also recognizes the impor- tance to the community of the naming of these streets and public parks from time to time in honor of persons who have contributed in some way to the general welfare of the City, and WHEREAS, the City Council of the City of The Colony wishes to reserve the right to name City streets and public parks in honor of specific individuals, as well as the right to oversee the naming of the City streets and public parks in general in order to assure there is no duplication or confusion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That the City Council does reserve the right to name City streets and public parks when they so choose, as well as the right to make any changes in such names as may be necessary to correct error or duplication, or for any other reason which they may deem necessary during the platting process. PASSED AND APPROVED ON THE DAY OF , 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman Dodds moved to approve this Resolution as presented. The motion was seconded by Councilman Sample. After a brief dis- cussion, Mayor Pollard called for a vote upon the motion on the floor. The motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None -4- Councilman Dodds did request that the naming of a street Huff Drive be placed on the agenda for the September 27th meeting. 7. DISCUSSION OF CIVIL DEFENSE SIREN SYSTEM Chief Gothard advised the Council that he had been in contact with two companies in the area, Gifford Electric Company in Fort Worth, Texas, and Kens Communications in Wylie, Texas. He stated that the basic question that he has been concerned with is the type of siren system that should be implemented. Chief Gothard advised the Council that they did have two options on Civil Defense siren systems. Presently, they could go with one large single siren or with three multiple sirens. The approximate cost per siren for the smaller ACA P-10 is from $12,800 to $13,200 for turn-key operations. The alternative, which is one large siren, which is an ACA P-50, would be at a cost of $22,000 to $23,000. Chief Gothard stated that the advantages of the single siren sys- tem are: (1) lower cost, (2) better coverage for the investment, (3) less checking of the system for potential problems, (4) more direct control over the alerting, (5) only one location to plan and get approval on if the property is not already owned by the City. He stated, however, that the disadvantage of the single siren system is that if the one siren did not operate, the entire city would be without protection rather than just a portion of the city. Also, with the multiple siren system, there would be some overlapping of areas if the sirens were positioned properly. However, the disadvantages would be that there would be more sirens to maintain and inspect, there would be more sites to have approval on, and there would possibly be more phone lines and/or radio decoders depending on which system of activation were utilized. He told the Council that he was presently in the process of con- tacting cities that have each of these systems and that he would be able to report to them when he got this information together. Councilman Poole stated that she was concerned with the proper growth potential of either system. Chief Gothard did explain that if we did go with a single siren presently, smaller sirens could be installed in the growth areas. Councilman Poole also asked if any grants were available for the purchase of these sirens. Mr. Savage stated that they have requested from the Civil Defense Coordinator applications for grants, but he did not feel that there would be any guarantee that he would receive one. Councilman Dodds did note that a single siren would be less expensive and would initially cover the entire area. Councilman Adeler agreed that this might be the best way to go if there would be less chance for malfunction. After discussion of financing, as well as the placement of the sirens, Mayor Pollard asked if they could defer this discussion to the September 27th meeting. The Council did concur with this. Councilman Sample requested that Chief Gothard give to them at that time information regarding the price of emer- gency backup generators. It was so noted. 8. DISCUSSION OF A PROPOSAL FOR A RECREATION CENTER COMPLEX Mr. Nick Oprea, a member of the Board of Trustees of The Colony Cultural and Recreational Foundation, advised the Council that at the suggestion of their investor they were prepared to present a total recreational complex to the Council. He then advised the Council of the members of the Board. Besides himself, they are Dr. Brent Piranio, John Twomey, Ron Keith, Kelly Dempsey, Dr. Jennifer Armstrong, Lance Taylor and Bill Metting. He stated that the Articles of Incorporation did make it clear that there would be no compensation for the members of this Board except for reimbursement of expenses. He also added that their attorney, Robert G. Boomer, who is also the attorney for The Colony Chamber of Commerce, was applying presently for their tax exempt status. He stated that the architect in charge of preparing the plans for this recreational center was John Tucker and that the fund raiser which the Foundation did plan on using was J. H. Bud Bowling Associates. At this time, he introduced Mr. Tucker to present the plans to the Council. Mr. Tucker stated that this would be a ten-year plan which does include a community center, tennis -5- courts, jogging track and possibly even a second story on the community center. The first phase, which would be the pool, would cost $230,000. The recreation and bath area would be $201,000. The parking lot would be $70,000, the cover for the pool $14,000 and landscaping $35,000. This would be a total of $583,000 plus a ten percent contingency fee for the consultant which would bring the cost to $653,000. He stated that they did plan to begin construc- tion for this first phase in 1983. The second phase would be the tennis courts and jogging track. He stated that the jogging track would run approximately $42,000, and the parking lot consisting of 64 spaces would run $44,000. The tennis courts would be at a cost of $231,800, which would bring the total cost of the second ~. phase to $317,800. The third phase of this project would be a gym and dressing area, which would run $1,083,000, with an addi- tional 86 parking spaces at a cost of $44,000. This would bring the total project cost to $2,098,000, which does not include the cost of land. Mayor Pollard did note that the parking lot in phases two and three were at the same cost. Mr. Tucker did note that this possibly was a mistake. Mayor Pollard asked if the contingency fee had been included for all phases. Mr. Tucker advised only for the first phase, but the fees for the additional phases had not been included in that cost. At this time, Mr. Nick Oprea did clarify what The Colony Cultural and Recreational Foundation was requesting from the Council at this time. He did explain that before this project could begin, it was imperative that a market study be prepared, and the result of this market study would be presented to the Council. At this time, the Founda- tion would request the Council's support. However, presently the Foundation felt that they should advise them of the need for this market survey and that the cost of this survey would be approxi- mately $10,000. Councilman Dodds asked what operating costs would be for this facility, and Mr. Oprea advised that it is certainly at this time too early to predict. In a discussion of possible sites for this facility, Mr. Oprea stated that they had originally considered Office Creek Park and were presently considering Bridges Park a potential site. Mayor Pollard assured the Foundation members that if they did indeed raise $2,000,000, the City would be able --' to find land to place the facility on. Mr. Savage asked what were the alternatives if the market survey found that this project was not feasible. Mr. Oprea stated the $10,000 would be spent, and there would be no recourse, however, this survey would also present alternative plans to the Foundation. There followed a lengthy discussion of the factors necessary in a community to make a project of this magnitude a success. Councilman Parker stated that he was in favor of this project but asked if thought had been given to a referendum election to see if this was really wanted in The Colony at the cost that it would require to operate it. He also was concerned with The Colony's credibility if a project of this magnitude failed. Mayor Pollard did remind Mr. Oprea that at an earlier presentation, the Council had asked for figures on revenues and expenses to operate a pool of this size. At this time, Councilman North stated that in researching area cities, he had noted that the cost to operate the two pools in Lewisville ran $30,000 to $40,000 loss per year. He stated that in Plano, which operated three pools, it was an average of $48,000 loss per pool per year. Richardson did have five pools that they operated and lost $15,000 per pool per year. Based on these figures, Councilman North was also concerned if the city could afford to operate the pool at this time. Mr. Oprea told the Council that they did agree that it was important to get this information to the Council regarding cost, revenues and operations but, at this time, all they were requesting was that they be recognized by the Council as a valid organization in the community and that these detailed figures would be presented to the Council at a later presentation. Mayor Pollard said he had no problem with private fund raising for a project of this size, but he did express concern that the factors necessary for a successful fund-raising project were not present here in The Colony. After a lengthy discussion regarding the factors that will make this a successful project, it was the consensus of the Council that they were willing to recognize The Colony Cultural and Recreational Foundation as a -6- viable organization in The Colony and that they did look forward to a favorable market ~eport in approximately three months. At this time, Mayo~ Pollard called for a brief recess. 9. CONSIDERATION OF RESOLUTION SETTING NEW FEES FOR CERTIFICATE OF OCCUPANCY INSPECTIONS Mayor Pollard read aloud the following Resolution: WHEREAS, the City Council has adopted the latest edition of the Uniform Building Code which provides a fee schedule for building and permit fees, and WHEREAS, the City Council has adopted an ordinance amending Section 307(f) of the Building Code requiring a Certificate of Occupancy for a change of ownership or occupancy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That the City Council does hereby establish a permit fee in the amount of $20.00 for all inspections for Certificates of Occupancy as authorized by City Ordinance No. 208. PASSED AND APPROVED ON THE DAY OF , 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman Adeler moved to approve this Resolution as presented. The motion was seconded by Councilman North. Councilman Sample then noted that he still preferred a higher fee than $20.00. Councilman Parker noted that this fee was based on actual cost recovery. Mr. Savage did clarify that the actual cost was $19.75. Councilman Sample stated that he did feel that the actual cost could possibly be much higher if a new employee was hired. He reminded the Council that inspections still have not gone above the 50% mark. Mr. Savage did advise that he is presently working with the Municipal Utility District on a better procedure of notifi- cation. Councilman Sample felt that it was very important to move this percentage up over 50%, as presently it is not fair to those that are complying with the City's ordinance. The Council was in agreement that this procedure did need to become as successful as possible, and they felt that this success was based upon the cooperation of utility companies. They discussed amending the ordinance to require that utility companies see the Certificate of Occupancy prior to turning off water or electricity. Mr. Savage said that he would like to try the program first and work with the Municipal Utility District before a drastic measure such as this was put into the original ordinance. Mayor Pollard noted that the Council would review this in two months. The Council concurred. Mayor Pollard then called for a vote upon the motion on the floor. The Resolution was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF RESOLUTION SETTING NEW FEES FOR THE INSPEC- TION OF NEW RESIDENTIAL UNITS Mayor Pollard read aloud the following Resolution: WHEREAS, the City of The Colony has adopted the latest edition of the Uniform Building Code which has a fee schedule for building and permit fees, and WHEREAS, the City of The Colony has provided for the amendment of this schedule by resolution in City Ordinance No. 120, Section 2; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: -7- 00128;:5 That the City Council does hereby adopt a flat inspection fee of $300 for singie family residential inspections. PASSED AND APPROVED ON THE DAY OF , 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman North moved to approve the Resolution as presented. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 11. CONSIDERATION OF THE PURCHASE OF ONE COPY MACHINE Mr. Savage did advise the Council that he had determined that we do have adequate funds in the 1981-82 budget to purchase a copy machine this year. He stated that two proposals had been requested by Mrs. Carroll, City Secretary. The Xerox proposal is for a Model 3107/S. He stated this was a rebuilt model, and the cost is $4,045 less a government discount of $202. This provides a net price to the City of $3,843 for the unit. This unit contains a ten-bin sorter and is a dry copier, has enlargement and reduction capabilities and copies 20 copies per minute. The yearly service agreement will cost $495 plus $11 per month on the sorter. He stated that the second proposal was from Savin and is for a rebuilt Model 770 with a ten-bin sorter attached. The purchase price, which is less a five percent governmental discount, is $3,695. He explained this is the same machine that is presently used at City Hall, and the advantage to keeping this machine is, of course, the purchase of supplies, although it is a wet copier, and it does not have the enlargement and reduction capabilities. The service agreement for 72,000 copies is $475 per year. The Council, upon reviewing the two proposals, did concur that the Xerox is a preferable unit and directed the City Manager to have an ordinance authorizing this purchase at the next Council meeting. 12. CONSIDERATION OF APPROVAL OF AN AUDIT FIRM FOR THE 1981/82 BUDGET YEAR Mr. Savage stated that the Council had received proposals from several auditing firms that had been discussed at the September 7th meeting in closed door session, and action must be taken this evening. Councilman Sample then moved that the firm of Peat, Marwick, Mitchell & Company be hired to prepare the 1981/82 fiscal year audit. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. CLOSED DOOR SESSION A. LIBRARY BOARD APPOINTMENTS B. INDUSTRIAL DEVELOPMENT CORPORATION APPOINTMENTS C. SALARY QUESTIONS Mayor Pollard did announce that in accordance with Article 6252-17, the Council would meet in a closed door session. 14. CONSIDERATION OF APPOINTMENTS A. LIBRARY BOARD B. INDUSTRIAL DEVELOPMENT CORPORATION Councilman Poole moved that James Althaus be appointed to the Library Board. Seconded by Councilman Parker, the motion was passed by the followsing roll call vote: Ayes: Ail members present voted aye Noes: None 00128a Councilman Dodds then moved that Elaine Gayle be reappointed to the Library Board for a second term. Seconded by Councilman Sample, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Councilman Dodds then moved that Ed Conway be appointed to the Industrial Development Corporation to fill the position vacated by John Turner. Seconded by Councilman Poole, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None ITEM FROM AGENDA ADDENDUM: CONSIDERATION OF APPOINTMENTS TO THE HOUSING FINANCE CORPORATION Councilman Dodds then moved that Norman Adeler, John McKennan and Alan Ronan be appointed to the Housing Finance Corporation. Seconded by Councilman Poole, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None There being no further action to be taken by the Council at this time, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Pollard adjourned the meeting at 12:30 a.m. G~E POLLARD, -MAYOR ATTEST: / / -9-