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HomeMy WebLinkAbout08/19/1985 City Council 00209G MINUTES OF THE CITY COUNCIL MFETING HELD ON AUGUST 19, 1985 The REGULAR SESSION of the City Council of the City of The Colony was called to order at 7:30 p.m. with the following persons present: Larry Sample Mayor Rick Harris Councilman Tom Arrambide Councilman Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman 1. PLEDGE OF ALLEGIANCE The Mayor led the Council and members of the audience in the pledge of allegiance to the flag of the United States of America. 2. CITIZEN INPUT Don Amick requested a status on the repair work being done on the'sidewalk along North Colony Blvd. just west of Griffin Middle School. Janice Carroll responded that she had spoken with Bill Hall, MUD Director, this date regarding the repair. In giving background, she stated that the damage had occured on July 22, 1985 during a heavy rain storm and that on July 25, 1985, she had hand delivered a letter to Mr. Hall requesting a response from MUD regarding the repair, since the sidewalk had broken due to poor drainage in that area. She went on to relate the progress so far and stated that the repair work had been begun on July 26, 1985, but that the approach was not feasible. Carroll stated that the engineer for MUD, Terry Mullican does have a plan which now is to be approved by city engineer, Hal Jones. If Jones agrees with the plan then the work can begin again. Amick expressed concern that school is about to begin and the Safe School Route just adopted by the Council will take children down that sidewalk and he felt some safety precautions should be taken when school starts. Amick also questioned the progress at other problem areas; Paige Rd. in front of Paige Medical Plaza and the broken street at Mayes and Strickland. Carroll stated the street is being re- paired. In closing, Amick commended the Chamber of Commerce for a "great map". Janice Carroll spoke regarding the August 5, Council meeting where in Kip Milliron of Colony Lawn and Garden addressed the Council during citizen input as to the unfairness of the bid process used by the City to purchase an irrigation system and hydromulch on B.B. Owens Field. Carroll said there had subsequently been a meeting with Mr. Milliron, Glen Brown, engineer, Jerry Van-Y and herself (8-9-85) She stated that Mayor Sample had been there for about half of the meeting. Carroll said that the process was explained to Mr. Milliron in detail and as one example of Colony Lawn Garden's failure to comply with bid specs, she cited the fact that in the beginning of the specs there was a request for each bidder To inspect the site with Mr. Tom Shelton, project engineer, and that of the five bidders Colony Lawn and Garden was the Only one who did not inspect the site. She cited as another failure to comply, the fact that Colony Lawn and Garden delivered their bid unsealed and open. Both of which were against the bid specs. Carroll stated that she felt the meeting was productive and that all parties were in agreement at the end of the meeting. Mayor Sample then explained the bid process to the audience. 0020 i 3. CONSIDERATION OF APPROVAL OF MINUTES Councilman Amick moved the the minutes of the July 29, and August 1, 1985 meetings be approved as written. Councilman Poole seconded. The motion carried with all members voting Aye. EMERGENCY AGENDA ITEM CONSIDERATION OF A CHANGE ORDER ON YERKEY CONSTRUCTION CONTRACT FOR THE INSTALLATION OF ADDITIONAL IRRIGATION SYSTEM. As was discussed in a previous council meeting, when the bid for the irrigation of B.B. Owens was awarded, there are 2500 square yards between the field and the street that would not be irrigated with the original system. Councilman Harris at that time, requested a price on adding that section to the system. Following is the proposal for the addition: Change 23 station controller to a 32 station controller $660.00 (1" per hour guarantee) Irrigation Items -$26t8~00 Hydro ulching(2500 Sq. Yds) $818.00 Portable water line for future fountain $4t0,00 Total $4506.00 Councilman Harris moved to approve the additional funds, with a second from Councilman Arrambide. Mayor Sample asked to see the map showing area to be added. The motion carried with all members voting Aye with the exception of Mayor Sample who voted No. ll. RECEIVE REQUEST FROM THE COLONY YOUTH ORGANIZATION TO EXTEND THE CURFEW ON AUGUST 24, 1985, FOR A DANCE FUNCTION. City Manager, Janice Carroll stated that the Youth Advisory Board conducted their regular meeting on Thursday, August 15th and did consider a request from The Colony Youth Organization that the curfew be extended from 1:00 a.m. to 2:00 a.m. for the teen- agers attending the "Back to School Dance" sponsored by the Park and Recreation Department and The Colony Youth Organization on August 24, 1985. She stated that she did advise the board that there is no legal process to grant a variance to this Ordinance, but a one time request could be considered by the City Coucnil. Brady Small was present to represent The Colony Youth Organization and stated that the organization wanted the dance to last until 1:00 a.m. and the curfew extended to 2:00 a.m. so that the teen- agers attending the dance would not get into trouble for being out past curfew on their way home from the dance. Councilman Amick stated that he was not in favor of approving this request because he felt the Ordinance as it is written covers this particular problem. He went on to say that as the Ordinance is written, any teenager on their way home from a "function" is not in violation and would not be in trouble for being out past curfew. Gary Herman was present and stated that they only wanted the exten- sion granted to the kids attending the dance and not other kids in the City. Councilman Harris moved to deny the request because the current Ordinance is sufficient to cover this problem. Councilman Gray seconded the motion which carried with all members voting Aye. 5. CONSIDERATION OF APPOINTMENT OF AUDITORS FOR THE 1984/85 FISCAL YEAR. Present at the meeting was Kenneth Staples from Deloitte, Haskins, and Sells to answer questions regarding his company's proposal of $10,000.00 to prepare this year's audit. With very littel discussion, Councilman Dodds move to reappoint the firm of Desloitte, Haskins and Sells to prepare the 1984/85 audit for the City and to request the M.U.D. to consider using the same firm for their audit. Councilmand seconded the motion. Mr. Staples said he appreciated the vote of confidence in their company and that they enjoyed working with City. Mayor Sample direct Janice Carroll to write a letter to MUD suggesting that they use the same company for their audit this year. The motion carried with a unanimous roll call vote. 4. PRESENTATION REGARDING THE MUD/CITY CONSOLIDATION Janice Carroll, City Manager stated that there is not much to report on at this time. She stated at a past meeting she and Bill Hall, MUD Director had been advised to work together in developing a plan for the merger, to be presented by August 15, 1985. Carroll said she and Hall had met several times and that they met jointly with their respective attorneys on August 1, 1985 to duscuss the legal aspects of the merger and were to meet again on August 13, 1985, however, Mr. Hale, attorney for MUD had a back injury and the meeting had to be postponsed. The meeting is now tenatively set for August 23, 1985. She did say one of the items discussed was the concern over the retirement system MUD employees are currently members of. Carroll said she had spoken with Gary Anderson, Texas Municipal Retirement, of which the City employees are members, and he advised there are two provisions within their state guidelines that will allow for a merger. He went on to say that he would advise going With the plan that would allow the MUD employees to cash out of their present plan and join T.M.R.S. with credit for the amount of service they already have. Employees who have not vested can transfer their money to the City fund. Mayor Sample then read a letter he crecieved this date from the MUD Board. "Enclosed please find copies of the minutes of the meeting between the City Manager and the District Manager which was held July 24, and August 1, regarding consolidation of the Municipal Utility District and the City of The Colony. The meeting of our respective attorneys did not take place on August 13 and has been re-secheduled on or about August 23, 1985. In view of the absence of progress in regard to the consolidation, we the Board of Directors do not feel that an immediate consoli- dation date can be set at this time. In addition in consideration of the topics covered in the August 4, meeting we feel consolidation during the 1985/85 year will not be feasible. However, if these issues can be resolved, we are still receptive to an early merger consideration." Mayor Sample went on to say that he saw no valid reasons for the delay in the merger and felt that it could take place during the 1985/86 fiscal year. He then stated he was dismayed at the listed reasons for delay which were attached to the letter. (listed below) a. Potential litigation by Bum Bright over a dispute of the Dallas Water line. b. Potential litigation with Texas Olson Construction Co. regarding liquidated or actual damages at the Office Creek Pump Station. c. Existing maintenance files d. Transfers with the City of Dallas water line e. How will we handle sales outside the City limits? Mayor Sample said he did not believe these reasons were sufficient to hold up an issue so important to the City of The Colony, that he hopes the MUD Board Directors will reconsider and look at an earlier date for consolidation. Councilman Amick stated that he felt that the merger should be fairly simple, since the two entities work so closely together already ad that he feels the term "potential litigation" is just a stall tactic, and that the City should go forward with the merger as soon as possible. Councilman Poole agreed with Councilman Amick. 002099 6. PUBLIC HEARING REGARDING THE 1985/86 MUNICIPAL BUDGET Councilman Poole moved to open the Public Hearing with a second from Councilman Dodds. All'members voted Aye. Janice Carroll gave a brief overview of the proposed budget. She stated that in revenue there was basically only one change being,a further clarification indicating that $.01 now brings $40,214.00 as opposed to $40,017.00, much to the credit of Kathy Smith, new tax clerk at MUD. She stated all other revenues did not change. Total revenue estimate is $3,101,690.00. Out of that revenue same of amount is allocated for debt service, $114,861.00 on old bonds. Expenditures are estimated at $2,986,690.00 as of July 15, 1985. She stated that the proposed $.05 increase netted $200,360.00, which increase she proposed to use for personnel increase and salary adjustments. Carroll went on to say that in reviewing and work sessions on the budget numerous cuts were made leaving $.03 increase rather than a $.05 iocrease. To make up the difference in the personnel package after the cuts, she advised $67,000.00 was pulled from contingency, leaving a balance in contingency of $159,913.00. Carroll then outlined the opera- tional cuts: General Administration $6500.00 City Secretary $3925.00 Finance $4760.00 Municipal Court $2579.00 Park & Recreation $4315.00 Inspections $27,679.00 Fire & Ambulance $55,618.00 Police $14,485.00 Library $14,467.00 Public Works $47,020~00 Total Cuts $181,348.00 This represents a $.03 tax increase bringing in $120,642.00 and leaves $159,913.00 balance in contingency. Dick Weaver, citizen qustioned the tax increase saying the City is subject to a roll back. Janice Carroll the increase will be approx- mately 20% which will effect a $70,000.00 house about $20.00 a year. Weaver asked what happened to Councilman Amick's original request to lower the tax increase to $ 01.5. Carroll advised that could not be realistically done. Mr. Weaver also wanted to know how many cars the City now grants a car allowance on. He questioned the car allowance of $325.00 per month, stating he felt that is too high. Councilman Amick explained that two of those car allow- ances had been removed and that now two vehicles would be purchased for the two inspectors. Councilman Gray stated at this time that she is unhappy with the budget because she feels that more manpower is need to enforce Ordinances. She feels this is necessary to improve the appearance of the City. Gray went on to say that she thought the Animal Control Officer needs to change the hours in order to pick up more stray animals. Councilman Amick referred to a previous council meeting in which he had requested Janice Carroll to investigate the possiblity of collecting an additonal 2% from the Cable T.V. franchise. He wanted to know if any action had been taken and what was the status. Carroll stated that she had put in a call to our City Attorney, John Boyle and was awaiting his answer. Jennifer Rush questioned the amount budgeted for Municipal Court Carroll responded by stating the bulk of the $51,000.00 is for personnel services, salaries, etc. for the court clerk and a deputy clerk. She then proceeded to go over this deparmtent line item by item and explained each line. Also there is an increase because the clerk had been in another department(City Secretary) and is now in Municipal Court. 002i Joan Sveinsson, Director of Library Servicec, stated that since there were two memebers of the Library Board present, that she would like to go over the Library Budget cuts, regarding salar~ personnel cuts, etc. Janice Carroll stated that she would be~ glad to go over the budget with tomorrow in the office. The Mayor said for her to go ahead and answer her questions now. Janice Carroll stated that to begin her full time person has been budgeted at a lower salary, from $12,720.00 down to $11,000.00 per year, and all benefits then are lower also. She said that two part time persons are being pulled and one full time person is being pulled, leaving her with one full time (director) and one part time. Carroll went on to go over the budget for the Library line item by line item. At this time, Dick Weaver asked about the ~ page ad advertising this hearing. Janice Carroll said that the ~ page is next week advertising a tax rate hearing not the budget hearing. Jennifer Rush asked for a summary of the Public Works department. Janice Carroll gave a brief overview of that department, explain- some of the line items as questions were asked. James Althaus, Library Board Member stated that he was having a hard time understanding why the cuts in the Library Budget. He said that he understood priorities and that the Council was trying to do their best but that the Library has needs and that those needs are not being met. Mayor Sample said all City departments have needs and that all needs cannot be met. He said that it is a matter of priorities. Joan Sveinsson then stated that she did not see how the Library increase the services if the staff was decreased. There was alengthy discussion regarding the Library and it's needs and it's importance to the City. Mayor Sample finally did state that the problems mentioned would be further studied and perhaps some changes could be made. He then asked for a motion to close the Public Hearing. Councilman Poole made the motion with a seocnd by Councilman Dodds. The motion carried with all members voting Aye. 7. REVIEW OF PROPOSED 1985/86 MUNICIPAL BUDGET Mayor Sample felt that due to the lengthy discussion carried on during the Public Hearing that this agenda item be omitted. 8. CONSIDERATION OF ACCEPTANCE OF A RESIGNATION FROM THE PLANNING AND ZONING COMMISSION. Mayor Sample stated the Council requested David Dye's resig- nation from the Planning and Zoning Commission in order to be appointed to the Park and Recreation Board, due his being a civil engineer. Councilman Dodds moved to accept the resignation with a second from Councilman Arrambide. The motion carried with all members voting Aye. 10. CONSIDERATION OF BOARD APPOINTMENTS. A. PARK AND RECREATION BOARD Councilman Harris moved to appoint David Dye to the Park and Recreation Board, with a second from Councilman Arrambide. The motion carried with all members voting Aye. 9. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S., SECTION 2E, REGARDING BOARD APPOINTMENTS. Upon reconvening in open session Council considered Agenda item number IO-B 10. CONSIDERATION OF BOARD APPOINTMENTS. B. LIBRARY BOARD. Councilman Amick moved to re-appoint James Althaus and George Gillette to the Library for another term. Councilman Harris seconded the motion, which carried with all members voting Aye. With no further business to be addressed Councilman Dodds moved to adjourn with a second from Council Harris. Mayor Sample adjourned the meeting at 11:30 p.m. APPROVED: ATT EST: l~ai~t~ d6nes ~ ~i ~y S~cretafy [SEAL ]