HomeMy WebLinkAbout02/07/1986 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
FEBRUARY 7, 1986
The EMERGENCY SESSION was called to order at 6:20 p.m. (Meeting
starting time was delayed due to bad weather.) with the following
persons in attendance:
Larry D. Sample Mayor
Rick Harris Councilman
Tom Arrambide Councilman
Helen Gray Councilman
Don Amick Councilman
Marlene Poole Councilman
and with Councilman Dodds absent due to personal business, however,
a quorum was established and the following items were addressed:
2. CONSIDERATION OF THE LEASING OF TEMPORARY SIGNAL LIGHTS
FOR THE INTERSECTION OF SOUTH COLONY BLVD. AND MAIN ST.
Chief N.C. Ristagno was present at the meeting and advised the
Council that he had spoken with represetnatives of the Texas
Department of Highways and Public Transportation regarding the
permanent signal that is on order to be installed at that location,
and he was told it would be another 3 to 6 months before the
light would be in. Ristagno stated that Mr. Dwight Bird of that
department assured him that he would try to rush this order as much
as possible. John Miller, also of that department said he had
received a verbal approval from Austin to install a temporary signal
light at that intersection due to the drastically increased traffic
caused by the opening of the McDonalds on the southwest corner
of S. Colony and Main on the 4th of February. Chief Ristagno
said he has spoken with Rick Campbell of Traffic and Transportation
Supply, who stated he has enough equipment on hand to put in a
temporary light at no cost to the city. Mr. Campbell did say that
installation of the poles and electricity would be at a cost to the
City, and that he would talk to the contractor and arrange for
the cost to be under $5000.00 to eliminate the need to go out for
bid. The Chief went on to say that he had spoken with City
Attorney, John Boyle who advised that the contract should be approved
under an emergency item and that if it did happen to come in over
$5000.00 that the City would be covered as far as the bid process is
concerned since it was an emergency. Mayor Sample asked how much
time this would take and Ristagno said that after approval approximately
2 - 3 days.
Coucnilman Harris asked if the permanent signal, when installed would
have "WALK SIGNALS". Ristagno said yes. Mayor Sample asked who
installed the 4-way stop signs at the intersection of S. Colony Blvd.
and Main St. this week. Ristagno said that the State had installed
them a request from the City due to the heavy traffic flow. The Chief
stated that there had been too many near accidents (veh~le and pedes-
train) since McDonald opened and some kind of traffic control device
had to be installed. Councilman Poole asked who is paying for the
overtime for the police officers that are having to work at that corner
in the peak hours to direct traffic. Chief Ristagno said that money
is coming out of his department budget and Mayor Sample said that
perhaps McDonalds will defray some of that cost.
Coucnilman Poole moved to direct the City Manager to enter into an
emergency contract for the installation of a temporary signal light
at the intersection of S. Colony Blvd. and Main St. Councilman
Arrambide seconded the motion. The motion carried with all members
voting Aye.
At this the Mayor called a brief recess.
Upon reconvening, the following item was addressed:
1. CONSIDERATION OF A COTNRACT AND MUTUAL AGREEMENT TO
EFFECTUATE CONSOLIDATION OF THE COLONY MUNICIPAL UTILITY
DISTRICT NO. 1 OF DENTON COUNTY, TEXAS INTO THE CITY OF
THE COLONY.
Mr. John Boyle, City Attorney, noted two changes in the contract
to be signed. 1) Personnel Protocol 2) Minor changes in the balane
of the contract. Mr. Boyle said he does not feel they are major
and that the contract is substantially the same as the one the
Council had signed at an earlier meeting. Mr. Boyle went on to
say that he feels signing the contract and moving forward will
provide the fastest and best method of reaching the goal, which
is the consolidation of the City and the M.U.D. Mayor Sample asked
if this contract is approved can the process for obtaining the
Declaratory Judgement begin on Monday, the 10th. Mr. Boyle said
the process can begin immediately, however there are some things
outlined int he contract that must be addressed as soon as possible;
in paragraph 4, a proforma financial statement is asked for to
address the disposition of funds and approximate combined tax rate.
Also all entities and public bodies within and contiguous to our
boundaries need to contacted and notified of this action to avoid
any contest, before going ahead with the Declaratory Judgement suit.
Mr. Boyle said once the suit is in the hand the timing is speedy and
he sees no reason why the merger cannot happen by October l, 1986
with no problems.
Mr. Boyle suggested that the Council authorize the Mayor to execute
the contract.
Janice Carroll went over the cover letter from District Manager,
Bill Hall stating that there are no changes in the contract except in
the Personnel Protocol and those were minor and there are no problems
with them. Mr. Boyle suggested the pro-forma be set in motion as
soon as possible and that a boundary map showing all boundaries
is critical. Councilman Amick expressed concern over the require-
ment to set the tax rate. Mr. Boyle said that the M.U.D. is concerned
that there will be an increase in taxes when the two entities are
combined. Boyle went on to say, even though that is not likely, it
would be advisable to go along with this request, saying that this would
not constitute actually setting the tax rate but merely an evaluation
based on information received from the City Manager and the District
Manager and woudl result in an approximate tax rate of the two entities.
Councilman Amick was uncomfortable with the way the contract seemed
to be written to protect the M.U.D. employees and not the City. He
stated he would vote for the approval of the contract because he
feels this is the most important thing to happen to the City. Mayor
Sample agreed this is the single most important thing this Council
will accomplish.
Councilman Poole made the motion to approve the contract and authorize
the Mayor to execute same and to authorize entering into an agreement
with Deloitte, Haskins, and Sells, for suitable compensation, to carry
out the requirement in Article 4 of the contract and to authorize the
obtaining of maps as required in Article 4 of the contract and to
instruct the CitY Attorney to proceed promptly and diligently toward
preparing the papers for the Declaratory Judgement Suit.
Councilman Arrambide seconded the motion which carried with a
unanimous roll call vote.
3. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17,
V.A.C.S., SECTION 2E, REGARDING POTENTIAL LITIGATION.
Upon reconvening in open session, and with no further business to address
Councilman Amick moved to adjourn and with a second from Councilman
Poole the motion carried with all members voting Aye.
Mayor Sample adjourned the meeting at 8:33 p.m.
APPROVED:
S~-~I e, -M~a y o r
Patt~y
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