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HomeMy WebLinkAbout08/05/1985 City Council 00 07 MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 5, 1985 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:00p.m. with the following members present: Larry Sample Mayor Rick Harris Councilman Tom Arrambide Councilman Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S., SECTION 2E, REGARDING BOARD APPOINTMENTS 2. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the Pledge of Allegiance to the Flag of the United States. 3. CITIZEN INPUT Kip Mittiron of The Colony Lawn and Garden spoke regarding the ~ process used in obtaining Irrigation and Hydromulch for the B.B. Owens Park Softball Fields. He stated that his company bid on the project and was turned down even though his bid was $11,000,00 less than the bid of the company to which the project was awarded. He went on to ask the Council if they had read the spec book prepared by City Engineers, Bridgefarmer and Assoc., and he wanted to know how much the tax payers had paid for the book. Janice Carroll stated that she would look up the cost for him. He then pointed out what he felt were errors in the spec book. He stated that the State of Texas does not require an engineer to prepare plans for irrigation and hydromulch of a park. All that is necessary is for a licensed irrigator design the irri- gation plans. He then turned to the proposal calling it exhibit A and stated he had done everything asked for. He stated that they had turned in drawings, proof of insurance, idemnification. Milliron said the specs required a temporary office building on the site. He felt this was not necessary. He stated that there were alot of items in the spec book and he knew the City paid a lot of money for this book and that he had been in this business for 14 years and that he was interested in Civic Beautification and saving the City money. He said he was not interested in seeing himself lose a bid because of quote un-quote inadequate bids. He reqeusted that all council members read the spec book, initial it and return it to him. He went on to say the spec book was totally unnecessary. He said the bid was awarded to a company 44 miles away and he is only 1.3 miles away. Milliron said there were many errors in the spec book. He said the proposal asked for a 300 x 50 foot soil blank- et which is not inlcuded in the specs. He stated that his company was turned down on the bid because of an engineering company who had charged too much money for their service, stated his company submitted an inadequate bid. Mayor Sample responded by citing two reasons given for the bid being turned down. 1. Catalog cuts not turned in, which were required. Milliron stated it was necessary to turn in catalog cuts because the specs outlined what was required and he spec'd what was requried. 2. Timer - MIlliron bid the timer at $150.00 and the one specified cost a $1000.00. Milliron said the timer required in the proposal has been proven to be faulty over the last two years on commercial projects, and the one he bid has been proven to be better. 00207, danice Carroll stated she had talked to Kip earlier and that she stated to him at that she would arrange a meeting between him and Glen Brown, City Engineer, to review the bid with Milliron. She also stated the proper term for Milliron's bid was "irregular". She went on to say that Brown is considered a part of the staff and is working on several projects for the city and that the book prepared would be used again for other areas. Councilman Amick asked Milliron why these questions and irregu- larities were not brought out before the bid process occured. Milliron stated they only had eleven (11) working day to pre- pare the bid and that in his bid he made necessary changes that he felt had been left out of the proposal. Milliron concluded by saying that the City had lost money by paying for a fancy book that was not necessary. Mayor Sample stated that in the past the City had tried to save money and ended up with poor workmanship and that Council felt it was necessary to get professional work in order to get quality product. Councilman Harris stated that the engineering firm was working on all park projects not just for this one. He stated that the city does not want to end up with another park that has to re- done such as Turner St. Park is being re-done now. Milliron went on to say that the questions asked about his company were not pertinent to the bid. The Mayor stated that he felt they were necessary to determine if the company could do the job. Councilman Poole stated that as far as the book preparation and costs are concerned, these book are prepared in-house at the engineering firm and are not that expensive, and that is how presentations are done. Janice Carroll stated that in the bid process, the City has to go .with the best bid, not neccessarily the lowest and whether or not the company is local has nothing to do with the awarding of the bid. S,~Halt, a home owner in The Colony and an employee of The C61ony Lawn and Garden, expressed her concern that there was an $11,000.00 difference between the bids and that the taxpayers of the City will ahve to make it up. Did not understand how City could justify taking a bid for $11,000.00 more than Milliron's. Rosie-Cathoun, citizen of The Colony, concerned about the $11.000.00 ~ce l"-~ bids, and also pointed out to Councilman Poole that her background is in advertising and she is familiar with the bid process. She stated that she bought a $90,000.00 home and that she is proud to live in The Colony and she is concerned that The Colony businesses are not being given opportunity to service the City. She went on to say that she wanted to know why Mr. Milliron did not receive the bid when it was $11,000.00 cheaper. She went on to complain that the architects designing buildings being built in The Colony are located in Dallas and that The Colony has architects in the City and they should be considered. Calhoun said she would be at every Council meeting and give the Council trouble every week. Mayor Sample suggested that if the interest in this bid was so prominent that he did not understand why there was no one present last week when the bids were being awarded. Kip-Miltiron mentioned that it was noted that the City now has a ~er and did the Council know who donated the tank. Mayor Sample and Councilman Harris both staed they knew and that it should have nothing to do with the bid process. Milliron said he just wanted the Council to know he dontated the $1500.00 water tank and planted 672 Crepe Myrtles and to this day has not re~- ceived a tax receipt. 00207, 4. CONSIDERATION OF APPROVAL OF MINTUTES Councilman Dodds moved that the minutes of the July 8, and July 13, 1985 meetings be approved as written. Seconded by Council- man Arrambide. The motion carried with all members voting Aye except Councilman Amick who abstained due his absence at the meetings. 5. PRESENTATION OF A PLAQUE IN APPRECIATION OF SERVICE TO NOEL LONG Councilman Harris moved this item be tabled due to the fact that Mr. Long was unable to attend the meetign. Councilman Dodds seconded the motion which carried with a unanimous roll call vote. 6. CONSIDERATION OF A RESOLUTION ESTABLISHING DATES FOR COUNCIL RETREATS Mayor read Resolution No. 8-12 caption as follows: A resolution of the City Council of the City of The Colony, Texas, establish- ing dates for informative meetins between the city Council and all appointed advisory boards. The dates established int he resolution are the second Saturday of June and the third Saturday in January of each year. Councilman Dodds moved to accept this resolution as read, seconded by Councilman Arrambide. The motion carried with a unanimous roll call vote. 7. CONSIDERATION OF AUTHORIZING THE CITY ATTORNEY TO WITHDRAW A SUIT AGAINST THE COLONY MUNICIPAL UTILITY DISTRICT REGARDING THE ANNEXATION OF DRUM Councilman Dodds moved to authorize the City Attorney to withdraw a suit against The Colony Municipal Utility District regarding the annexation of Krum. Motion was seconded by Councilman Amick. There was no discussion and the motion carried by a unanimous roll call vote. 8. CONSIDERATION OF AN ORDINANCE CALLING FOR A PUBLIC HEARING ON THE PROPOSED 1985/86 BUDGET. Mayor Sample read the capiton of the Ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS PROVIDING FOR A PUBLIC HEARING ON THE MUNI- CIPAL BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1986; PROVIDING A TIME AND PLACE FOR SAID PUBLIC HEARING, TO WIT: ON THE 19th DAY OF AUGUST, 1985, AT 7:30 O'CLOCK P.M. AT THE COLONY CITY HALL; PROVIDING FOR NOTICE; AND DECLARING AN EFFECTIVE DATE. Councilman Amick moved the ordinance be passed as read, and Councilman Dodds seconded. The motion carried with a unanimous roll call vote. 9. CONSIDERATION OF AN ORDINANCE PROVIDING FOR THE PROHIBITION OF PARKING IN THE FRONT YARDS After a lengthy discussion regarding the definitions outlined in the ordinance Councilman Harris moved that the ordinance be tabled until the August 19, 1985 meeting with the follow- ing changes: do not address the rear entry drive in this ordinance, redefine vehicle to allow for parking of a bicycle in the front yard, and allowing for parking of boats, trailers, etc. in the side yards. Motion was seconded by Councilman Dodds and carried with a unanimous roll call vote. 00207 10. PRESENTATIO~ OF THE "SAFE SCHOOL ROUTE PROGRAM" Mr. Hal Jones was present to give the presentation and answer questions from the Council and the audience. He explained the purpose of the program is to educate the children of the City as to the safest route for them to walk to and from school. He stated that the City of Garland has adopted this program and that it is working very well. Jones showed maps that had the preferred routes outlined on them and explained the reason- ing behind the routing. He stated that obviously safety could not be provided everywhere, everyday but that this route, once established could help ensure safety for our children. Jones said the maps had been drawn up for the council to study and make changes and/or approve. He said the routes had been established according to traffic controls already in the City and the crosswalk guards available. Jones stated that if the students are not educated then the pro~ram will not work and is a waste of time. He also stated that as the city grows and changes the routes will have to re-done accordingly. Jones said that the three factors involved in establishing this program are Engineering, Education and Enforcement. He went on to say that the enforcement will come easier if the engineering was done properly and the education has been done. He said this route should minimize the school zones in the City, saying there is nothing worse than and having a school on a street from one end of the street to the other. Jones said that it has been proven that a short school zone is more effective that a long school zone because people tend to ignore the long zone. Councilman Amick asked about the intersection of N. Colony Blvd. and FM 423. He asked why the Crosswalk at Joy and N. Colony was eliminated in this plan. Jones said the engineers felt it would be better to route all the children across the street but that certainly could be re-looked at and any necessary changes be made. Citizen, Rosie Calhoun spoke up regarding the con§estion at Augusta and Curry caused by kids leaving Stewart Creek Elem- entary School. She felt that that area was more congested than any other area in the city and that the City was more interested in the crossing at FM 423. Calhoun stated that the traffic in that area is very heavy and that she has had the principal of the elementary in her front yard monitoring the kids. Coun- cilman Amick stated that the monitoring is not for traffic safety but to cut down on mischievous activity after school. Ms. Calhoun said,"I beg to differ with you, that is an elementary school and you can talk with the principal of Stewart Creek Elementary and get her reaction to it. She designates traffic there and not as a disciplinary action but because she is concerned about those children." She stated that until you get on that street and observe the traffic from 2:30 in the af- ternoon until 4:00 then comment should be reserved. Councilman Amick stated that he did not want to argue and was interrupted by Ms. Calhoun who said "Sir, you are not qualified to argue" Ms. Calhoun was stopped by the Mayor who called her out of order, stating this not a debate but a council meeting and that the councilman has a right to speak and that she should not interrupt him. Councilman Amick went on to agree that the area is congested and that perhaps that area on Curry from N. Colony to Augusta should be considered as a school zone. He went on to £uggest]that the Safe School Route Program be adopted with changes: 1. Do not eliminate the Crosswalk at Joy and N. Colony Blvd. 2. and create a school zone at Curry and Augusta Councilman Dodds moved to approve the Safe School Route concept with the above changes and Councilman Amick seconded. Without further discussion the motion carried with a unanimous roll call vote. 00 07 11. CONSIDERATION OF AN ORDINANCE EXPANDING THE PARK AND RECREATION BOARD TO SEVEN (7) PLACES Mayor Sample read the Ordinance caption as follows: An Ordinance amending Chapter 14 of the Code of Ordinances, City of The Colony, Texas, by amending section 14-2 relating to membership of the Parks and Recreation Board; providing a severability clause, providing an effective date, and declaring an emergency. Janice Carroll explained that the two alternates positions will be eliminated and become permanent positions. Councilman Amick moved to adopt the ordinance, with a second from Councilman Arrambide. All members voted Aye. EMERGENCY AGENDA ITEM CLOSED DOOR SESSION AS AUTHORIZED BY ARTICEL 6252-17 V.A.C.S., SECTION 2G, REGARDING CITY PERSONNEL. Upon reconvening in open session council went to agenda item #12 12. CONSIDERATION OF APPOINTMENT TO PARK AND RECREATION BOARD Councilman Harris moved that Jerry Wise and Ed Canada be appointed to the Park and REcreation Board. Seconded by Councilman Amick. Councilman Dodds moved to adjourn the meeting with a second by Councilman Poole. Mayor Sample adjourned the meeting at 11:45 p.m. APPROVED: Pa-~tf d6nes, -Ci[~Cv S~c~e~c~ry