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HomeMy WebLinkAbout09/26/1983 City Council MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON SEPTEMBER 26, 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: Larry D. Sample Mayor Scott North Councilman Norman Adeler Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman and with Councilman Noel Long absent; however, a quorum was estab- lished. Councilman Noel Long did arrive at the meeting during the Pledge of Allegiance and participated in the remainder of the items. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge to the United States flag. 2. CITIZEN INPUT Mayor Sample recognized Mrs. Sandra Shearer, President of the Municipal Utility District Board of Directors. She introduced Mr. Bill Hall, thenew District Manager, to the audience and Council. She also announced that MUD had received a favorable ruling in their litigation with Frisco, getting as their service area every- thing they had requested except Stonebriar Creek. She also advised that this area did include the Jackson property, and she also stated that this was only a hearing and that the case would go before the Public Utility Commission on October 20, 1983. 5. CONSIDERATION OF RESOLUTION DESIGNATING DR. RON SALFEN AS POLICE DEPARTMENT CHAPLAIN Mayor Sample read aloud the following memorandum from Police Chief N. C. Ristagno and the Resolution: POLICE DEPARTMENT MEMORANDUM TO: Janice Carroll, City Manager DATE: 9-7-83 FROM: N.C. Ristagno, Police Chief SUBJECT: September 12, Agenda Item - Police Chaplain The Colony Police, have, on numerous occasions, called upon Rev. Ron Salfen to assilst in crisis intervention management. Dr. Salfen has provided shelter for the homeless, comfort for the depressed, counseling for victims of violence, office space for the Mental Health Unit and in general whatever else we have thought to ask of him. He has been an invaluable asset to the department as well as to the recipients of his selfless devotion. We are both fortunate and pleased to have him to be called on, and wish to extend our gratitude by designating Dr. Salfen, by a resolution of the City Council, as Police Chaplain for The Colony Police Department. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE DESIGNATION OF A POLICE CHAPLAIN FOR THE EXPANSION OF CRISIS INTERVENTION WITHIN THE COMMUNITY AND FOR THE RECOGNITION OF DR. RON SALFEN'S DEDICATION TO THE DEPARTMENT AND CITIZENRY. -1- WHEREAS, due to the press of official duty, it is not possible for police officers to stay with persons in cris~s situations for extended periods to offer comfort and support, and WHEREAS, Dr. Ron Salfen is an ordained minister of a local church with experience and additional training in personal counseling, and WHEREAS, The Colony Police Department has called upon Dr. Salfen on several occasions in the past and found him to be responsive and helpful, and intends to continue to call upon him as the need arises, and WHEREAS, The Colony Police wish to extend their appreciation, and publicly acknowledge Reverend Salfen's service to the Department and community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Dr. Ron Salfen is hereby designated official Police Chaplain. PASSED AND APPROVED BY THE CITY COUNCIL ON THE DAY OF , 1983. /s/ LARRY D. SAMPLE, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman North moved that this Resolution be approved as presented. The motion was seconded by Councilman Dodds. Councilman North requested that a copy of this Resolution be given to Dr. Salfen when signed. Mayor Sample then called for a vote upon the motion upon the floor, which passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. APPROVAL OF MINUTES Councilman Dodds moved to approve the minutes of the Regular Session held on September 12, 1983, as presented. Seconded by Councilman Poole, the motion passed by the following vote: Ayes: All members present voted aye Noes: None 4. RECEIVE REPORT FROM UNIVERSAL HEALTH SYSTEMS Mayor Sample noted that Mr. Bill Grinwis of Universal Health Systems was not able to attend tonight's meeting. He recognized Mr. Nick Oprea who has been working with Universal Health Systems, and Mr. Oprea stated that more funds were needed in order to pursue this Certificate of Need through an appeal. Mr. Oprea felt that this probably would have been the main thrust of Mr. Grinwis' comments to the Council. Mayor Sample asked Mr. Oprea if he felt that Mr. Grinwis would wish to be given another opportunity to make this report, and Mr. Oprea answered that he felt sure he would. 6. CONSIDERATION OF APPROVAL OF BUDGET TRANSFERS FOR THE 1982/83 FISCAL YEAR AS REQUESTED BY THE CITY MANAGER Mayor Sample recognized Jan~ce Carroll, City Manager, and she explained that Council ~action was necessary in order to transfer funds from one department to another or to transfer funds from the contingency reserve into a line item account in a department. Mrs. Carroll then provided the Council with a list of these trans- fers from the contingency reserve, as follows: -2- Amount Transferred Department Line Item $12,730.00 Gen. Adm. 10/Salaries 4,200.00 Gen. Adm. 31/Legal Services 1,801.00 Finance 30/Professional Services 2,250.00 Finance 32/Audit 5,000.00 Fire Il/Salaries, Overtime 300.00 Library 46/Building Rental The total amount transferred out of the contingency reserve was $26,281.00, and the balance remaining in the contingency reserve is $4,272.00. Mrs. Carroll advised that the fund balance was expected to come in around $240,000.00, which was higher than expected. Councilman Dodds moved to approve the transfer of the amounts shown above to the indicated department line items. The motion was seconded by Councilman Peele, and passed by the following roll call vote: Ayes: All members present voted aye Noes: None 7. CONSIDERATION OF ORDINANCE AMENDING THE 1983/84 FISCAL YEAR BUDGET Mayor Sample read the following ordinance caption: AN ORDINANCE AMENDING THE CITY BUDGET FOR FISCAL YEAR OCTOBER 1, 1983, THROUGH SEPTEMBER 30, 1984 AND DECLARING AN EMERGENCY. Councilman Amick moved to approve this ordinance. The motion was seconded by Councilman Dodds. Mayor Sample then recognized Janice Carroll, City Manager, to explain what this ordinance entailed and why it was necessary. She reason for the amendment, she stated, was due to a departmental reorganization, as well as a four percent pay raise for City employees. The budget was passed without allowing for these factors in order for the tax statements to be sent out in a timely manner. When the budget was passed on August 1st, the funds for the departmental reorganization and the pay raise were left in the contingency reserve account, giving this account a balance of $170,091. She gave a breakdown of the amendments as follows: General Administration was raised from $180,398 to $278,385, which included the 4% salary increase and the salary for the new Director of Community Services, as well as $60,000 for street lighting. At this point, Mrs. Carroll explained further that the Director of Community Services would be responsible for Parks & Recreation, the Library, Inspections and the new Public Works Department. City Secretary, Finance and Municipal Court were changed only by the 4% salary increase. Parks & Recreation dropped from $219,057 to $80,598, as all of the maintenance items were taken out of this department. Inspection Department (formerly Community Development) dropped from $394,123 to $163,443, as all maintenance items were taken out of this department, as well as the $60,000 for street lighting. This department will still have under it the inspectors, code enforcer and signs. Fire & Ambulance, Police and the Library were changed only by the 4% salary increase. Public Works (new department) was budgeted at $320,541. Mayor Sample felt that the sign account should be in the Public Works Department, and Mrs. Carroll stated that this could be looked into later. Councilman Adeler stated that he thought the Council was supposed to receiving monthly statements regarding the cost of the signs. Mrs. Carroll advised him that this account is only -3- O0 ? maintenance, since the sign machine has been paid for; however, she stated that she would check on these statements. Mayor Sample then called for a vote upon the motion on the floor, which passed by the following roll call vote: Ayes: All members present voted aye Noes: None Before moving to the next agenda item, Councilman Dodds advised the Council of two matters which had come to his attention. The first was a problem with leaks in the sprinkler system at Turner Street Park which was causing a dangerous situation on the soccer fields. The second was a problem at the intersection of Blair Oaks and Highway 121; he felt a sign needed to be erected directing that this intersection not be blocked. Mayor Sample then called a brief recess. 10. CONSIDERATION OF ORDINANCE CALLING AN ELECTION FOR NOVEMBER 8, 1983, TO AUTHORIZE THE CITY COUNCIL TO SELL OR TRADE OFFICE CREEK PARK TO LISD FOR A HIGH SCHOOL SITE Upon reconvening in open session, Mayor Sample explained this ordinance, stating that the election was necessary in order for the City to be able to sell or trade this land, as the site had been designated for a park. A city cannot use park land for any other purpose unless approved by the voters in an election. He then read the proposition as it will appear on the ballot, as follows: "Shall the City Council of the City of The Colony be authorized to sell or trade 12.5 acres of Park property described as Office Creek Park adjacent to Blair Oaks Drive to the Lewisville Independent School District?" Councilman Dodds moved to approve this ordinance, with the number of acres being corrected to 14.4. The motion was seconded by Councilman Poole. Mayor Sample then explained that if a trade was made, it would be for a portion of the B. B. Owen tract. Councilman Amick then asked about the status of the negotiations between Fox & Jacobs and LISD, and Mayor Sample answered that Dr. Burkett was supposed to contact the representatives for the B. B. Owen tract and, if the proposition passed, the sale of the land would proceed at that time. Mayor Sample then encouraged everyone to vote on November 8th. Mrs. Carroll announced that the polling places would be at the standard locations of Camey and Peters Colony Elementary Schools, and she also advised that the County will be conducting their election at Camey. Mayor Sample then called for a vote on the motion on the floor, which passed by the following roll call vote: Ayes: All members present voted aye Noes: None 8. CONSIDERATION OF ACCEPTANCE AND REVIEW OF AUDIT PROPOSALS AND ESTABLISHMENT OF A SCHEDULE FOR INTERVIEWS Mayor Sample stated that Councilman Adeler had studied these audit proposals and asked for his comments at this time. Councilman Adeler advised that after reviewing all of these proposals he found that the one from the firm of Price Waterhouse to be as good as any of them, and at a favorable price. He also stated that he did not think interviews would be necessary, but he did think going with a "Big 8" firm was necessary this year, due to the bond election. Mrs. Carroll stated that her only concern with the proposal from Price Waterhouse was that they had advised her that their quote of $8,000 was only one half their normal fee. Councilman Poole stated that she was delighted with the Price Waterhouse proposal, and Councilman Dodds concurred. -4- Councilman Dodds then moved to accept the audit proposal from the firm of Price Waterhouse, at a price of $8,000. Seconded by Councilman Long, the motion passed by the following roll call vote: Ayes: All members present voted aye Noes: None EMERGENCY ITEM: POSTED ON A SEPARATE EMERGENCY AGENDA TO CORRECT ITEM NO. 9 TO ENABLE THE PASSAGE OF AN ORDINANCE 9. CONSIDERATION OF ORDINANCE AUTHORIZING THE CITY MANAGER TO RENEW THE TEXAS MUNICIPAL LEAGUE WORKERS COMPENSATION JOINT INSURANCE FUND CONTRACT Mayor Sample read the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO RENEW THE TEXAS MUNICIPAL LEAGUE WORKERS COMPENSA- TION JOINT INSURANCE FUND CONTRACT IN THE AMOUNT OF $6,000.00; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; PROVIDING AN EMERGENCY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodds moved to approve the ordinance as presented. The motion was seconded by Councilman Adeler. Mayor Sample then recognized Janice Carroll, and she stated that the City has gone through the Texas Municipal League for this Workers Compensation coverage since its inception. However, she advised, up until this year, the actual insurance company handling the coverage has been Employers Insurance of Texas, and the City has been advised by TML that they %~ill now be using the firm of Johnson & Higgins, Inc. for Workers Compensation. Mrs. Carroll further advised that the philosophy of Johnson & Higgins is probably going to be a' lot tougher regarding the investigation of claims. Mayor Sample then called for a vote on the motion on the floor, which passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. DISCUSSION OF OVERPASS ON FM 423 AT NORTH COLONY BOULEVARD Mayor Sample stated that this item was on the agenda at the request of Councilman Amick, and he recognized Councilman Amick at this time. He stated that this had been brought to his attention numerous times because of the safety of children who must cross the highway in order to get to school. He advised that the staff had requested and obtained an opinion from Mr. Robert Yielding, a District Engineer with the State Department of Highways and Public Transportation. According to Mr. Yielding, the state is satisfied with the City's method of crossing the school children (the reduced speed and guarded crosswalks), and they are not planning to take any action on this requested overpass. The Highway Department did advise us, stated Councilman Amick, that if an overpass were built, it would probably cost around $450,000. He stated further that he had wanted this on the agenda so that the concerned citizens in The Colony would be aware that the City did look into this possi- bility and that nothing further could be done at the present time. Councilman Long said that he did not agree with the state concerning this overpass, and he also felt that the estimated cost they gave us was too high. Councilman Poole stated that she felt that traffic signals on FM 423 at the intersections of North and South Colony Boulevards would help this situation, and she asked that these surveys be pursued again. Mrs. Carroll stated that she would check with the City of Addison for some cost figures on overpasses, as they were planning to construct two of these when the Dallas North Tollway was extended. -5- 11. REVIEW OF ARCHITECTURAL PROGRAM FOR A MUNICIPAL BUILDING PRESENTED BY FRS DESIGN GROUP, INC. Mayor Sample stated that representatives of FRS Design Group were present tonight to answer questions concerning this programming. Those in attendance were Mr. John Firestone, Mr. Gary Reiner and Mr. Ken Smith. There was lengthy discussion of this item regarding the following topics: 1. Portable walls versus permanent walls 2. Job functions which would require permanent offices 3. The square footage of various work areas and offices 4. Total cost of the project 5. Amount of errors and omissions insurance to be required Mrs. Carroll did state during this discussion that this programming was done with the idea of hopefully providing a building which would be usable for around five years, therefore, growth had to be taken into consideration. It was the consensus of the Council that a work session should be scheduled on this item at a future meeting and that it would not be necessary for the architects to be present at that time. 12. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FRS DESIGN GROUP, INC. FOR ARCHITECTURAL SERVICES Mayor Sample recognized Mrs. Carroll at this time, and she stated that Mr. John Boyle, City Attorney, had recommended four changes in this contract, as follows: 1. Article, 8 - Ownership of Documents. City needs to have the right to use the documents for "additions" to this project. Otherwise the Architect could theoretically preclude City from making future improvements. 2. I would eliminate Article 9 relating to Arbitration. 3. Article 10 - Amend 10.2 by deleting "xx in the event the project is permanently abandoned". City should be able to terminate the contract at any time provided it pays expenses and fees incurred to that date. 4. Architect should provide proof of error and omissions insurance equal to at least $1,000,000. Mr. Firestone, of FRS Design Group, questioned the need for errors and omissions insurance in the amount of $1,000,000, stating that he felt $100,000 would be more reasonable. At this time, Mayor Sample requested that City Manager Janice Carroll get back in contact with City Attorney John Boyle in order to ascertain his reasoning concerning the errors and omissions insurance. Councilman Amick then moved to table this item until October 3rd. Seconded by Coucilman Dodds, the motion passed by the following vote: Ayes: All members present voted aye Noes: None 14. CLOSED DOOR SESSION DEALING WITH PERSONNEL AS AUTHORIZED BY ARTICLE 6252-17 OF VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED A. CITY SECRETARY B. BOARD APPOINTMENTS Mayor Sample announced that the Council would now meet in a closed- door session and that some Board appointments probably would be made following this session. 15. CONSIDERATION OF BOARD APPOINTMENTS A. BOARD OF ADJUSTMENT & APPEALS B. INDUSTRIAL DEVELOPMENT CORPORATION C. LIBRARY BOARD D. PARKS AND RECREATION BOARD -6- Upon reconvening in open session, Councilman North moved to reappoint the following individuals to the indicated boards. The motion was seconded by Councilman Long. Board of Adjustment & Appeals Regular Members Eric Stanton, Roosevelt Johnson, Gene Poole, Michael Leddy and Russ Stoffregen. Alternate Members Donald M. Haines and John Perry. Industrial Development Corporation Bill Vackar, Edward Conway, Paul Semones and Dan A. Icenhower. Library Board George Gillett, Place 1; Patricia Delgado, Place 2 and James Althaus, Place 3. Mayor Sample then called for a vote on the motion, which passed by the following vote: Ayes: Councilmen North, Long, Adeler, Amick, and Dodds, Mayor Sample Noes: None Abstention: Councilman Poole 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 Amick, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Sample adjourned the meeting at 12:20 a.m. ATTEST: JANICE CARROLL, CITY SECRETARY -7-