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HomeMy WebLinkAbout02/07/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON FEBRUARY 7, 1983 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. 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 Special Session on January 10, the Regular Session on January 17, and the Work Session on January 25, 1983, be approved as presented. Seconded by Councilman Poole, the motion passed by the fo]lowing roll call vote: Ayes: All members present voted aye Noes: None 6. RECEIVE REQUEST FROM THE COLONY YOUTH SOCCER ASSOCIATION FOR THE USE OF A PORTABLE STORAGE BUILDING AT TURNER STREET PARK Mayor Pollard moved to this item at the request of Mr. Vern Lang, a represen- tative of The Colony Youth Soccer Association. Mr. Lang stated that Mr. Rick Herold, Director of the Parks and Recreation Department, advised him there would be a memorandum to the Council in their packets. In this memoran- dum, Mr. Herold states that he does not have any problems with this request if, (1) the building is of an attractive nature, (2) CYSA officials and PARD officials reach an understanding as to an exact area that it is to be placed, (3) the building is properly secured at aH times, (4) the city is not responsible for any loss through theft or destruction, and (5) PARD officials are ]eft with a key in case of an emergency. Mr. Hero]d, in his memorandum, also advised the Council that the concession facility will not have adequate storage for chalk and markers, etc. In a brief discussion, City Manager Sartain stated that the city must have access to the building and must advise CYSA where to place the building. Councilman Parker moved to approve the placement of the building in Turner Street Park and that this placement be coordinated with the Community Development Department and, further, to be subject to the five restrictions listed above. Councilman Dodds seconded this motion. Prior to voting, Councilman Poole stated that the staff should look into storage facilities as a future budget item. Mayor Pollard then 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 2. CITIZEN INPUT Mayor Pollard recognized Frank Kuda, a resident that resides on Womack Circle, who stated that he still was concerned regarding the issue of cluster homes and asked why the Council would overrule the Planning and Zoning Commission and if they were aware of the impact small homes would make in The Colony. Mayor Pollard stated the Council will not debate the issue again, as it is closed, but he or any member of the Council would be happy to discuss this with him personally. 3. RECEIVE CAMP FIRE GIRL CANDY SALE PRESENTATION Sheila and Sha]]y Newberry presented to the Council complimentary candy and advised them that February 1-19 will be the Camp Fire Girls annual candy sale in The Colony. Mayor Pollard accepted the candy and then he and the Council proceeded to purchase candy from the girls representing the Bluebirds and the Camp Fire Girls. 5. CONSIDERATION OF ACCEPTANCE OF AUDIT FOR THE FISCAL YEAR 1981/82 PREPARED BY PEAT MARWICK MITCHELL AND COMPANY AND APPROVAL FOR PAYMENT Mr. Mullen, representing Peat Marwick Mitchell and Company, was present to answer any questions that the Council might have regarding the audit report and management letter. Mr. Sartain advised the Council that he had provided to them a copy of the staff's answer to the management letter and had also given a copy to Peat Marwick Mitchell for their review. Also, based on his review, Mr. Sartain did recommend that the audit be accepted. Councilman Ade]er said that he had reviewed the audit and management letter and found them to be in order. He did think the financial manual should be a project that can be done in installments. After a brief discussion, Councilman Sample moved to accept the audit for the 1981/82 year presented by Peat Marwick Mitchell and Company and authorize payment of $11,000 for said audit. Secon- ded by Councilman Poo]e, the motion was approved by the following roll ca]] vote: Ayes: AIl members present voted aye Noes: None 7. CONSIDER COLONY JAYCEES REQUEST TO PLACE RECREATION EQUIP- MENT AT DAVE COWAN PARK Mr. Dennis McCollum, representing The Colony Jaycees, was present to request permission from the Council to place a swing set which would contain five regular swings and one toddler swing as well as a rainbow arch climber, in Dave Cowan Park. Mayor Pollard asked if it did meet ali city code specifica- tions. Mr. McCollum said it had been reviewed only by the Parks and Recrea- ~-' tion Department. However, Councilman North stated that the equipment that they were purchasing is by Game Time, a firm that has been approved by the Texas Municipal League. The Council then discussed the placement of this in the park in accordance with the master plan that had been approved. Mr. McCollum advised that he did not have the master plan at present, but they did intend to place the equipment in the middle of the park on the east side of the drainage. The cost of this equipment is $1,196, Mr. McCollum advised. Mayor Pollard stated that the city should have the master plan of that park area on file. After further discussion, Councilman Dodds moved to approve this request to place playground equipment at Dave Cowan Park. Seconded by Councilman North, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. CONSIDERATION OF ENDORSING A "GARAGE SALE TRAIL" SPONSORED BY THE CHAMBER OF COMMERCE Mr. Ray Reynolds, representing the Chamber of Commerce, told the Council that the Garage Sale Trail would be sponsored by the Chamber Ambassadors Club and that the plan is to have a community bulletin board located outside The Colony offices to list and advertise local garage sa]es and other local events. The purpose of this is to help eliminate a large portion of garage sale signs posted around the city and help keep the city clean of litter. In discussing the details of the plan, he stated that a sale holder will pay a sma]] fee of $3.00 to be listed on this bulletin board, then the Chamber will advertise the trail in local papers and possibly on cable TV. Mayor Pollard did clarify that the $3.00 will cover the cost of this operation. Councilman Adeler stated that proper advertising will be necessary to make this project a success, and Mayor Pollard agreed that it must be placed on the cable networks. Mr. Sartain, City Manager, advised the Council that the staff would be coming to them in the near future regarding an ordinance to regulate garage sales in the city. After discussion, Mayor Pollard stated that although no action was needed at this time, he would like to have a consensus of the Counci] that they were in favor of this project. It was agreed by the Council that this will be a worthwhile project and will help the city control the placement of illegal signs to advertise garage sales every weekend. 9. CONSIDERATION OF APPOINTMENT OF TRAFFIC ADMINISTRATOR Mr. Sartain referred the Counci] to Section 3, Traffic Administration, of City Ordinance No. 147, which deals with the appointment of a Traffic Administrator by the City Counci]. He advised the Council that in the past Hunter Associates, Inc. was appointed by motion to serve as Traffic Administrator. It is his recommendation at this time that he be appointed as Traffic Administrator, as it is also his duty, per ordinance, to see that all state laws and city ordi- nances are effectively enforced. After a very brief discussion, Councilman Sample moved to appoint Johnny Sartain as Traffic Administrator for the City of The Colony. Seconded by Councilman Dodds, the motion passed by the fo]lowing roll ca]] vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF APPROVAL OF ORDINANCE REGULATING HANDICAPPED PARKING Mayor Pollard read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE NO. 147; PROVIDING FOR THE MARKING OF OFF-STREET PARKING FOR HANDICAPPED PERSONS; PROVIDING THE USE OF SUCH SPACES BY AUTOMOBILES WITH SPECIAL LICENSE TAGS, PLATES OR DEVICES ISSUED BY THE STATE OF TEXAS FOR DISABLED VETERANS AND DISABLED PERSONS; PROHIBITING THE PARKING OF ANY OTHER VEHICLES IN SUCH SPACES; PROVIDING FOR THE TOWING OF ALL SUCH VEHICLES NOT HAVING SPECIAL LICENSES OR DEVICES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND CODE PROVISIONS NOT INCONSISTENT WITH THIS ORDINANCE; PROVIDING A PENALTY; AND NAMING AN EFFECTIVE DATE. Councilman Parker moved to approve this ordinance as presented. The motion was seconded by Councilman North. Councilman North was concerned how this would be enforced and how commercial establishments in the city would be notified. Mr. Sartain advised that, of course, it will not be enforced until it is marked properly and that the city would personally contact commercial developers in the city as well as put an ad in the paper. After very brief discussion, Mayor Pollard ca]led 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 11. CONSIDERATION OF RESOLUTION TO ALLOW DENTON COUNTY TO DO ROAD WORK IN THE CITY LIMITS OF THE COLONY Mayor Pollard read aloud the following resolution: WHEREAS, the City Council of the City of The Colony, Texas, has deter- mined that there is a need to improve roadways in the City, and WHEREAS, the City Counci] of the City of The Colony, Texas, is in agreement with Denton County Officials that proper road maintenance is an important duty of al] governmenta] entities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS: That Denton County road maintenance crews and equipment are authorized to work within the corporate boundaries of the City of The Colony at the City's request. The supplies for this road work sha]] be provided by the City. PASSED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THE DAY OF , 1983. /s/ GENE POLLARD, MAYOR /s/ JANICE CARROLL, CITY SECRETARY (ATTEST) -3- 0014!, Councilman Adeler moved that this resolution be approved as presented. This motion was seconded by Councilman Poo]e. Prior to voting, Mr. Sartain advised the Council that he and Mr. Bradburry had met with Sandy Jacobs, County Commissioner for Precinct 2, and discussed the roads that did need to be worked on within the city limits of The Colony. There followed a brief discussion concerning these roadways at this time. Mayor Pollard then called for a vote upon the motion on the floor. The motion carried by the following roll ca]] vote: Ayes: All members present voted aye Noes: None Before continuing to the next agenda item, Mayor Pollard did announce that Griffin PTA on Thursday evening at 7:30 p.m. would be conducting a drug program for all parents. 4. RECEIVE REPORT FROM REGIONAL TRANSPORTATION AUTHORITY REPRE- SENTATIVE Mayor Pollard recognized John Clark and Cindy Weatherby, representatives of the Dallas Area Rapid Transit Authority to present to the Council the service plan alternatives. Mrs. Weatherby explained to the Council that these three alternative plans that have been presented to them were approved on February 3rd by the DART Board. She stated that this package contained not only the three plans but an immediate action program, policy statements and a capita] and financial plan for the Council to review. She explained that this is phase one of the process, which is to receive input from individual cities regarding these alternatives. Phase two, which will be conducted between February 15th and March 31st, will be to present these plans at public meetings to receive input from the genera] population. On April 14th, based on the feedback from these meetings, DART will formally select and announce the preferred DART service plan to be submitted to city councils and the Commissioners Court. Between April 15th and May 31st, participating city councils will review the DART service plan. On June 16th, DART does plan to approve the final service plan and set a sales tax rate of up to 1% on the plan, as we]] as call an election. August 13th is the date for the election on this plan. Mayor Pollard stated he was concerned that the mass transit only goes as far as Carrol]ton, and he was also concerned that the Frisco railroad evidently was not taken into consideration. Mr. Clark explained that all of these plans were based on ridership studies and that the Board obviously did not feel that there would be adequate usage of mass transit from The Colony/Frisco area. After further discussion regarding the alternatives, Mr. Clark advised the Council that their public meeting for this area will be conducted on March 1st at 7:00 p.m. at the Carrollton/Farmers Branch School Administration Building. He stated that it is important for the Council to direct their City Manager to present at this time statistics showing the need for mass transit to this area. He did emphasize that traffic counts were very important in determining where there would be a need for mass transit into the downtown Dallas area. He did state that The Colony could look at a feeder bus line to the Carrollton station. At this time, there being no action to be taken by the Council, Mayor Pollard thanked Mr. Clark and Mrs. Weatherby for this report and advised that the Council would be back in touch with them regarding further information on The Co]ony's needs. At this time, Mayor Pollard called for a brief recess in the meeting. 12. CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 168 TO REQUIRE EXTERIOR WALLS BELOW PLATE LINE OR RESIDENTIAL STRUC- TURES TO BE OF MASONRY OR SIMILAR MATERIAL Mayor Pollard read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE NO. 168 TO REQUIRE THAT THE EXTERIOR WALLS, BELOW THE FIRST FLOOR PLATE LINE, OF RESIDENTIAL STRUCTURES WITHIN THE CITY BE OF MASONRY OR SIMILAR MATERIAL; PROVIDING EXCEPTIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Parker moved to approve this ordinance as presented. The motion was seconded by Councilman Sample. Councilman Parker stated that he did -4- 0014!o have no problem with this ordinance, but he did note that the trend is for 70% brick and introduced an amendment motion to change this to 70% brick. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None After a brief discussion regarding the actual enforcement of this, particularly on add ons to existing homes, Mayor Pollard called for a vote on this motion. The motion carried by the following roll ca]] vote: Ayes: All members present voted aye Noes: None 13. CONSIDERATION OF ORDINANCE AUTHORIZING CITY MANAGER TO ENTER INTO HEALTH INSURANCE CONTRACT 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 CONTRACT WITH THE FIRM OF' IN THE AMOUNT OF FOR CITY HEALTH INSURANCE; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Mr. Sartain advised the Council that Steve Hines had received quotes from Great West, Aetna, Union Life and Blue Cross. He then presented the following tabulation on Aetna, Option II, and Union Life, Option I. Aetna Union Life Option II Option I Deductible (100) $200.00 $100.00 Fam. Ded. Limit (300) 600.00 300.00 Co-Ins. Limit (500) 1,000.00 500.00 Med. Exp. (80%) 80% 80% Hosp. Exp. (City 80) (MUD 100) 80% 80% Hosp. Room Rate (ADSP) UAC UAC Emer. Acc. (300) 300.00 500.00 Max. Maj. Med. (UNL) UNL 1 Million Out Pat. Psy. (50%) 50% 50% O.P. Psy. Max. (1,000) 1,000.00 -- Routine Dental (80%) 80% 80%* Crowns, Bridges, etc. (50%) 50% 80% Ortho. (0) -0- 60% Pre-Exist. Cond. (Max. 4,000 12 Mrs) 4,000.00 -- Emp. Med. & Den. (Prem.) 54.67 53.39 Total (yr.) Prem. 656.04 640.68 Dep. Med. & Den. (Prem.) 96.79 102.85 Total Yr. Dep. Prem. 1,161.48 1,234.20 Total Prem. (12-Mos.) -- 98,204.88 * Dental Deductible $50.00 per year Mayor Pollard stated that he did represent Union Life in some of his business dealings and would like to remove himself from this discussion and vote. Mayor Pro Tem North then chaired the meeting. Mr. Steve Hines was present to answer any questions that the Council might have regarding insurance coverage. There followed a lengthy discussion regarding benefits and the premium quoted. The Council was concerned if the city did opt to go on a separate plan from the Municipal Utility District if the premiums quoted would remain the same. Mr. Steve Hines advised that he would check into that and report back to them. Mrs. Janice Carroll, City Secretary, advised the Council that the Employee Insurance Committee recommended going with the $200 deductible Aetna plan. There reason being that the premium was ]ess expensive and that most employees were very pleased with Aetna and their claim processing and were familiar with -5- 001'4! the plan. Mr. Hines assured the Council that Union Life was an A-Plus company and that they did have a local office that would process all claims. Councilman Sample stated that he also was concerned with the name credibility of Union Life and how they process claims. He stated he was personally aware of that creating a problem for employees. After further discussion, Councilman Dodds then moved to approve the ordinance authorizing a contract with Union Life Insurance in the amount of $98,204.88 contingent that the premiums be the same or lower if the contract is not also co-signed by the Municipal Utility District. This motion was seconded by Councilman Poole and passed by the following roll call vote: Ayes: All members present voted aye Noes: None 14. CONSIDERATION OF ORDINANCE AUTHORIZING CIVIL DEFENSE SIREN FINANCING Mayor Pollard read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE FIRM OF 7-'/2/~-~ ~-q~/-.dg/~/ c~/~/I//~ IN THE AMOUNT OF~,~,2~' FOR AN OUTDOOR WARNING SYSTEM; ATTACHING THE APPROVED ~'ORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Mr. Sartain presented to the Council the following quotes: 1. Rauscher Pierce 11.55% interest 2. Consolidated Resources 12.97% interest 3. The Colony Bank 11.25% interest He also added that the Rauscher Pierce quote is contingent upon financing the po]ice vehicles. He then recommended that The Colony Bank financing of 11.25% be accepted by the Council. He did note that this interest rate was good for a period of 60 days. Councilman Parker agreed that The Colony Bank would be the best financing arrangement, as he did not want to tie the two items together in a financing package. Councilman Sample did note that the Council had budgeted $7,500 for this financing. Based on these proposals, the entire amount will not be used. He did want it noted that he did disapprove of having the portion not used deferred to cover other operation costs in the 1982/83 budget year. There being no further discussion, 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 15. CONSIDERATION OF APPROVAL OF SCHRICKEL ROLLINS ENGINEERING STATEMENT FOR INFORMATION PREPARED FOR FRISCO LITIGATION Mr. Sartain advised the Council that this bill was for a substantial amount and had been arranged for prior to his employment; therefore, he would like to call it to their attention, have them discuss it and recommend payment. He also advised that in discussing this bill this afternoon, we had called Schrickel Rollins, and they are sending time sheets. Based on the fact that information is forthcoming, he recommended that they table this until the next Council meeting. At this time, Councilman Poole moved to table until the February 21st meeting. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 16. CLOSED DOOR SESSION A. PERSONNEL/ PARK AND RECREATION DEPARTMENT B. LITIGATION Mayor Pollard announced that the Council would now meet in a closed door session to discuss personnel and pending litigation and that no action would -6- be taken following this session. Upon reconvening in open session, there being no further action to be taken, Councilman Dodds moved that the meeting be adjourned. Seconded by Councilman Parker, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 12:15 a.m. GEN~POLLARD, MAYOR ATTEST: JANICE~/~R~ROLL, CITY SECRETARY -7-