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HomeMy WebLinkAbout10/18/1982 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON OCTOBER 18, 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 Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Scott North not in attendance due to illness, however, a quorum was established. 1. APPROVAL OF MINUTES Councilman Parker moved that the minutes of the October 4, 1982, Council meeting be approved as presented. Seconded by Councilman Sample, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. CITIZEN INPUT Mayor Pollard noted that no one had signed up to provide citizen input at this time. 4. CONSIDERATION OF REQUEST TO USE CITY FACILITIES BY THE COLONY VOLUNTEER FIREMEN'S ASSOCIATION Mayor Pollard did move to Agenda Item 4 at this time and introduced Mr. Wayne Scott, a member of the Volunteer Firemen's Association. Mr. Scott requested permission from the Council to use Fire Station No. 1 on the evenings of October 30th and 31st for their annual Haunted House and further requested the use of Fire Station No. 2 on either Saturday, December 5th, or December 12th for their annual "Lunch with Santa" He did note that all proceeds of earned from these two events do go to help needy families during the holidays. After a very brief discussion, Councilman Dodds moved to approve this request. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CITY MANAGER'S STATUS REPORT Mr. Savage did note to the Council that it did seem that we would have an additional $13,000 in carryover balance from the 1981/82 budget to the 1982/83 budget. This did raise the carryover to $185,000. He did remind the Council that the Texas Municipal League Annual Convention would be held in Fort Worth, Texas, October 24, 25 and 26, and urged each Councilman to attend. He stated that the previous Thursday, the Council did have a tour of Fox & Jacobs housing in the Town of Cedar Hill and that he would like to further schedule a work session at the request of Fox & Jacobs to discuss different products in the City of The Colony at this time. After discussion, it was recommended 00130 that it be scheduled for November 8th at 6:30 p.m. He told the Council that the bids had been prepared and gone out for eight new police vehicles, and it would be brought before the Council at their second meeting in November. Mayor Pollard asked what plans had been made regarding a trade in. Mr. Savage advised that one vehicle had been wrecked and subsequently paid for. The additional five vehicles, he recommended, be auctioned off to the highest bidder, and he did recommend that the city might go into another city for this auction. Mayor Pollard recom- mended that we continue the tradition and have the auction in the c2ty. It was also agreed at this time that we could auction __ the other two vehicles or any other equipment that the city might have at this time. He stated that the Stewarts Creek Park had been cleaned this past week. Councilman Parker stated that at the October 4th meeting, Mr. Savage had said that there were some things in the lease of Stewarts Creek Park that he needed to work out with the Corps of Engineers. He asked if those items had been corrected and if the lease had been signed. Mr. Savage advised the Council that the lease had been signed and mailed back to the Corps of Engineers and that, one, he was concerned that the fees must be approved by the Corps, however, he had talked with a representa- tive of the Corps of Engineers and he did see no problem with the fee schedule the city was presenting. The second item of concern, Mr. Savage stated, was annexation. It had been explained to him that the Corps did not have any problem with the subsequent annexation of the park area but did advise that all paperwork on this must be submitted to the Department of the Army. Council- man Poole expressed her concern that the Corps can break this contract at any time. Mr. Savage answered that yes after the two-year period of the lease is up, the Corps does have the option to take over the park. He stated that the Southwestern Bell Telephone Company has approved the franchise ordinance approved by the Council. Councilman --~ Sample asked if we could look into a Colony exchange rather than be listed under the Town of Frisco. Councilman Dodds asked who is responsible for the mowing and upkeep of the Lone Star Gas easement. Mr. Savage advised that it was Fox & Jacobs' responsibility and that he would check into that. 9. CONSIDERATION OF ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CLARK INSURANCE AGENCY FOR CITY PROPERTY INSURANCE Mayor Pollard read aloud the fo]lowing captioned ordinance. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INSURANCE CONTRACT WITH THE KENT CLARK INSURANCE AGENCY FOR A LIABILITY, PROPERTY AND FLEET INSURANCE POLICY; AUTHORIZING THE CITY MANAGER TO EXPEND FROM THE GENERAL FUNDS OF THE CITY SUCH AMOUNTS AS ARE NECESSARY TO PAY THE PREMIUMS THEREON BEGINNING NOVEMBER 1, 1982; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Councilman Parker moved to approve this ordinance as presented. This motion was seconded by Councilman Poole. At this time, -- Mr. Savage did present the following proposal as presented by Mr. Clark. The following premium quotations are for coverage from the period from October 1, 1982 to October 1, 1983. Property - All Risk Coverage Fire Station #1 $100,000 Contents 5,000 Fire Station #2 300,000 Contents 5,000 -2- 001308 City Hall/Police Station $ 90,000 Contents 25,000 Data Processin9 Equipment 7,199 Broadcasting Equipment 35,735 Mobile Home 10,000 Valuable Papers 50,000 Comprehensive General Liability Bodily Injury $500,000 Property Damage 250,000 Package - Texas Multi-Peril Policy Total 7,342 Machinery & Equipment Floater $36,810 550 Auto Fleet - 30 Vehicles 13,950 Bodily Injury $250,000 Aggregate 500,000 Property Damage 100,000 Umbrella Liability 1,000,000 1,200 Total Annual Cost of above $23,042 Councilman Parker stated he was concerned that the date in the ordinance was November 1st, and he thought that the insurance did, in fact, expire October 1st. Mr. Clark did explain that a 30-day binder had been put on all policies. Mr. Clark further explained that the city was receiving better coverage than they had in the years past and at a $6,000 savings. Councilman Sample asked what company this insurance would be written thorough. Mr. Clark stated that it was Aetna Insurance. He also further clarified that all new vehicles would be put on the insurance policy within 30 days. Mayor Pollard then called for a vote on the motion on the floor. The motion carried by the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF FINAL PLAT FOR A 4.044 ACRE LAND TRACT LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF FM #423 AND NORTH COLONY BOULEVARD UPON THE REQUEST OF FOX & JACOBS, INC. Mr. Bradburry, Director of Community Development, presented the final plat for the Council to review and advised them that this plat was the same as the preliminary plat presented to them at their last Council meeting. After review of the plat, as presented, Councilman Dodds moved to approve the final plat of this 4.044 acre land tract located on the southeast corner of the intersection of FM #423 and North Colony Boulevard. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. DISCUSSION OF REQUEST FROM CATV TO RAISE MOVIE CHANNEL MONTHLY RATES At this time, Mr. Savage introduced Ben Campbell, owner of CATV Systems, Inc. d/b/a TV Cable of The Colony. Councilman Parker asked Mr. Campbell what the old rates were for a comparative basis on the movie channels. Mr. Campbell advised that HBO is presently $8, Cinemax is $6, Shotime $7 and Home Theater Network $4. He did apologize to the Council for the mixup on the information presented to them at the last Council meeting. However, he did say that it was necessary that the rates be increased, as their -3- O0 I309 costs have increased per each channel. He explained that the cost for Showtime has increased 22%, Cinemax has increased 42%, HBO has increased 16% and Home Theater Network has had no increase in cost. He further explained that the second increase was an additional $1.50 per additional outlet in a home for customers subscribing to the movie channels. The cost of the converter has been increased from $63 to $84 to the company. The Council then reviewed in detail the monthly financial statement that Mr. Campbell presented to them. Mr. Campbell then explained that the rate of return on the investment has not been reviewed in The Colony as they still were operating on the construction basis. He stated they would like to receive 7½% as an adequate rate of return. He further explained that the cable industry did have other advantages that were hidden cost savers. He also noted that the statement that was presented to them was a cash statement only, and the net income was before debt and before depreciation. Councilman Sample asked if the city has been presented quarterly reports. Mr. Savage said that yes these have been received, and he presented them to the Council for their review. In further analysis, the Council did determine that a customer that was subscribing to the basic plus all of the movie channels and also had two additional out]ets in their home was presently paying a rate of $41.50. This same customer would be paying $59.50 monthly at the new rates. In the discussion, it was clarified that the City Council approves installation fees and basic service charges only and that Council did not have any control over the movie channel cost. After further detailed discussion, Councilman Sample did ask if the company was having financial problems at this time. Mr. Campbell answered that yes obviously they were or they would not have a need for a rate increase, however, at this time the company was not being offered formally for sale. Councilman Parker stated that in the past the Council has extended their construction deadline, waived the FCC inspection requirements before receiving their $50,000 in return and has been patient regarding numerous promises for local origin facilities and new features that have never come about. Also, he felt the Council has been patient regarding the quarterly reports that certainly have not been adequate. Now, before all of the areas of the original agreement have been satisfied, the company is coming back for an additional rate increase. Mr. Campbell agreed that it was indeed unfortunate but certainly a necessity. Mr. Savage asked how the customer will be notified of this rate increase. Mr. Campbell advised that a letter would be sent to all customers advising them to contact the company by November 20th if they would like to be converted from HTN to The Movie Channel or if they would like to change any of their services prior to the rate increase. Councilman Parker asked if there would be a hook- up charge for The Movie Channel. Mr. Campbell stated there would not be one. Again, Mr. Campbell emphasized that he and his company would be willing to work with the Council in any way possible. Mayor Pollard suggested that Councilman Sample and Councilman Adeler be appointed as representatives of the Council to meet with Mr. Campbell and the company's CPA in the near future. It was agreed that this report would be presented to the Council' at the November 1st meeting. 3. CERTIFICATE OF APPRECIATION TO THE MAYOR'S COMMITTEE MEMBERS At this time, Mayor Pollard presented Certificates of Appreciation to Joyce Laseter, Mike Harsanyi and Ric Cartier for their work on the Mayor's Committee in raising money for the Syc Family Fund. 10. CONSIDERATION OF BUDGET TRANSFER ORDINANCE Mayor Pollard read aloud the fo]lowing captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS IN THE AMOUNT OF $3,294.00 FROM -4- 3i0 GENERAL ADMINISTRATION ACCOUNT NO. 24 RESERVE FOR CONTINGENCIES TO THE PARK AND RECREATION DEPARTMENT ACCOUNT NO. 12 AND ACCOUNT NO. 24, AND PROVIDING AN EFFECTIVE DATE. Councilman Parker moved to approve this ordinance as presented. The motion was seconded by Councilman Poole. Mr. Savage did advise that the reason for the cost overrun in the Park and Recreation Department was due to an increase in the classes offered and addi- tional services and is offset by an increase in revenue in the amount of $5,925.59. Mr. Herold, the Director of the Park and Recreation Department, stated that The Colony's Park and Recrea- tion area is the leader in the state in revenues in comparison to expenditures. At this time, 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 7. CONSIDERATION OF CIVIL DEFENSE SIREN SPECIFICATIONS Mr. Savage advised the Council that they do intend to advertise this week for bids on this equipment and that the Council would consider the acceptance of these bids at the second meeting in November. Chief Gothard presented the following specifications for service and equipment for an outdoor warning system. SPECIFICATIONS FOR EQUIPMENT AND SERVICES FOR OUTDOOR WARNING SYSTEM GENERAL: It is the intent of these specifications to describe the equipment in sufficient detail to secure competitive bids. All parts not specifically mentioned which are necessary in order to provide a complete system shall be included in the bid and shall conform to general standards of quality ofmaterial for the industry. All equipment shall be new standard production of the latest design in current production. Any outdoor warning system not conforming to these specifications will be rejected and it will be the responsibility of the Bidder to conform with the requirement made herein unless deviations have been cited by the Bidder and acceptance of the bid made on that basis. OUTDOOR EARLY WARNING SYSTEM: The City of The Colony requires that a system be designed and recommended by the vendor which will afford the following coverage and meet the following criteria. NOTE: If more than one system is bid each alternate bid shall be written and constructed so that there is no confusion on the exact system and components. A. The City of The Colony requires a minimum of 70 db coverage for the areas of the city as indicated on the attached map. Site location is to be recommended by the Bidder, determined by the sound coverage of each siren quoted. B. Proposed sites of siren or sirens shall be located on property currently owned by either the City of The Colony or the Municipal utility District. The Bidder may acquire this information from city staff personnel. C. The City of The Colony will provide at no cost to the Contrac- tor/supplier the appropriate A.C. power to the site of each siren installation. However, any cost by the city to run power to a site not prewired will be considered as a portion of the total system cost. City is responsible to provide power to a meter loopor disconnect with the Bidder responsi- ble from that point on. D. Ail work shall comply with all local and state codes having jurisdiction and with the regulations of the City of The Colony. All modifications required by these codes shall be made by --5-- the Contractor without additional charge to the city. E. Bidder shall note on each proposal submitted if each siren will be entirely pole mounted or if some of the equipment will be mounted on the ground. If ground mounted, a concrete pad for all equipment and maintenance area around equipment shall be bid. F. A bid proposal shall be made and noted for both a wood pole installation and also a metal pole installation. A decision will be made prior to awarding the bid as to the component that will be used. G. The bidder shall also include in the bid proposal an option for security fencin9 around any ground mounted equipment. Said security fencing shall be explained in detail as to the type and size being bid. H. Bidder shall submit a quote on a maintenance contract which will cover the entire system and allow eight-hour per day, five day per week coverage with service personnel responding within four hours after notification from within a 50-mile radius of The Colony City Hall. There shall also be service technicians available to respond on an emergency basis when requested. Said response of service technicians will be covered by the maintenance contract. I. Each bidder shall attach a map showing system bid indicating placement, type and area of coverage of each siren. J. Each bidder shall furnish with their bid the warranty informa- tion on the equipment being offered pursuant to their bid. Each bidder shall furnish with their bid technical information sufficient for the City to make an evaluation of the system offered. Minimum warranty to be one year on all parts and labor and three years on compressor. K. Bidder must be capable of arranging lease purchase contracts. Current rates and agreements must be included in the bid sub- mitted. L. The sound producer, rotor, starter, timers, decoder, and all other support equipment must be enclosed in weather-proof housings. Warning Sirens: 1. The siren must be high intensity, directional rotating beam type, non-component and/or component. All exposed surfaces shall be yellow color impregnated fiberglass, steel or aluminum castings, designed to give warning signals over a large area. 2. It shall produce a sound with a substantially uniform output over a wide frequency range, with a tone readily distinguished from other sounds, such as vehicle sirens, horns and whistles. 3. The sirens will produce an "ALERT" signal double-tone sustained siren for three to five minutes and an "ATTACK" double-tone undulating up and down tone siren for three to five minutes. 4. If the siren is a rotating type, the sound shall be beamed by a horn with a configuration and intensity. The horn assembly shall be capable of 360 degree rotation. 5. The sirens shall put out their Federal approved db rating at 100 feet. 6. The motor controller shall be compatible with the siren specifi- cations as outlined in the document. 7. The controller shall contain all equipment necessary to start and run the siren for three to five minutes. -6- 8. The controller shall be capable of operation by a dry contact switch or relay and shall be totally suitable for outdoor operation. 9. The starter assembly components and wiring shall conform to the National Electric Code with respect to the device it is to protect and control, and shall contain clearly marked terminal leads for interconnection. 10. Each siren unit shall be activated by a radio controlled timer system operated from The Colony Communications center located at 5576 North Colony Boulevard, The Colony, Texas, and/or by a manual switch operated from the siren unit itself. 11. The siren timer shall control the Attack, Alert, and Cancel test functions. 12. The system shall be supplied with an appropriate antenna, interconnecting cable assembly, enclosure and mounting hardware. 13. The receiver, decoder, and their components shall be of such technical quality as to insure proper and timely operation of the system and to minimize to the greatest extent any tech- nical malfunction. 14. The receivers shall be compatible with the radio system currently in use by The Colony Fire Department in the City of The Colony and shall also be compatible encoded with the present system and not to duplicate any coding in use. After a general discussion regardisng the 70 db coverage as minimum coverage, the Council did concur with the specifications as presented and advised the staff to go out for bids for this purchase. Council- man Adeler asked when they would be installed. Mr. Gothard advised the specifications did state that they would not be installed any later than March 1, 1983. 11. CLOSED DOOR SESSION DEALING WITH PENDING LITIGATION Mayor Pollard announced that the Council would meet in closed door session at this time. Upon reconvening in open session, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman North, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned themeeting at 12:25 a.m. GEI~POLL~RD, MAYOR ATTEST: -7-