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HomeMy WebLinkAbout04/21/1986 City Council 002305 MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 21, 1986 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:35 p.m. at City Hall with the following members present: Larry D. Sample Mayor Rick Harris Councilman David W. Dye, III Councilman Don Amick Councilman Harvey Bradley Councilman Marlene Poole Councilman with Councilman Arrambide absent due to personal reasons, however, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Sample ]ed the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Denise Walters asked if she could wait to speak when the agenda item she is interested in is addressed. Mayor Sample said she could or she could speak now. The Mayor then identified several other persons in the audience who wished to speak on the same item and said that it could be discussed now. Mayor Sample said that the item on the agenda is really regarding the pool rules and that he understands that they want to speak about the fees and they are not the same thing. Councilman Amick said he would like to discuss the fees now because they really have nothing to do with item #12. Susan Phillips said that she is speaking for larger group that is interested in seeing that a family rate be offered this summer for admission to the pool. She went on to say that she had collected several signatures and that she had been told that they were no good by several people connected with the City and that they understand. Phillips said that she heard a pool fee has been set up already and that they really do not havce a problem with the $1.00 fee but that they want an alternative. She said that the average Colony citizen should be considered when the fee is established, in terms of what that citizen can afford. Mayor Sample asked if she thought the pool should be subsidized by taxes. Phillips said yes she does, stating that the tax would spread out over the who city and shared by all the citizens. She went on to say that she has a problem with thinking that a small city like The Colony could support a pool without a tax subsidy. Mayor Sample said he really does not want to subsidize the entrance fee with his taxes and asked if she thought that was fair to all the citizens. She said she did because the citizens voted for a city pool and what if the $].00 fee doesn't cover the expenses would the pool be closed. The Mayor said not the pool would not be closed and that at time the problem would have to be looked at. Another citizen spoke up and said that those citizens who have a pool in their own yard are already paying taxes on that property and paying additional tax for the bond issue that built the pool and why would, they now have to pay an additional tax on a pool they may not even use. Mayor said that he feels that when the bond issue passed the tax was set to pay for the pool and that he feels that is a promise that needs to be kept if at all possible, and that he thinks a fee can be set that will be able to support the pool. The Mayor said he wants to be f~r to all the citizens and that from some aerial photographs beelieves that about 50% of the homes in The Colony have their own pools. Susan Phillisp said she would like to see some figures on that and also on the figures given out as a survey of the surrounding cities pool fees. Phillips went on to say that her group had done some calling and found that some of those figures are incorrect. Win Christiansen said that Carrotlton,Lewisville and McKinney were incorrect fees. Mayor Sample said that the staff would check that out. 002306 Councilman Amick said that he felt the question is not how many pools are in The Colony or whether the figures we have on hand are accurate, stating that as mentioned Garrollton has a pool and is subsidized. Amick went on to say that the City of Garrollton Park and Recreation Dept. budget is $300,000.00 greater than budget for the City of The Colony, saying Garro]lton is a wealthy city. The Colony is not a wealthy city and cannot afford to subsidize the pool without raising the taxes or cutting some other service of the city. Phillips interrupted Councilman Amick several times and the Mayor asked her to let Councilman Amick finish before she spoke again. Councilman Amick said that you can point to other cities and say that they can afford a pool, going on to say that he wished a day would come when The Colony could afford to let people swim free, but that day is not here and he does feel that an alternative should be looked into as far as family rates and yearly permits are concerned, because he had spoken with several persons and that it would be expensive for people with several children to utilized the pool on a daily basis at $1.00 per day. Ms. Philips said that is all the group is asking for is an alternative and Mayor Sample told that he thought there would be one, going on to say a committee is looking into that right now. Bob Ghristiansen said that he does not want to see a tax increase and that he will be using and supporting the pool but that it ~ould not be feasible to pay $1.00 per day for each person in his family to swim on a daily basis. Christiansen went on to say that if it ges too expensive then he will have to look for another way to entertain his family. He supported the request for an alternative for family rates. Mayor Sample said that The Colony is new in the pool business and would like to see it paid for with use fees and if it doesn't work then the City will have to go back and look at raising taxes. l~e_cky Duckworth said the article on the front page of the Leader is what brought about this problem. Councilman Amick said the article Was accurate because the $1.00 fee had been tent~.tively set and now based on the response from the citizens an alternative is being looked into. Mayor Sample said that this item will be on the agenda of the April 28, 1986 meeting and he would like one or two people from the. citizen group to volunteer to meet with the pool committee to confer on the fees. MAYOR SAMPLE made reference to a listing in the Dallas/Ft. Worth Business Journal this that included The Colony as one of the 25 largest cities in the metroplex. Dick Weaver noted that he was not here as a representative of the M.U.D. but as a citizen to speak regarding the budget of the city. Weaver said that he had put the entire budget on a computer program for two reasons; easier to work from and adjust and the upcoming merger with the M.U.D. He went on to say that Johnny Spears who is in the computer business had been working with he and Bill Gonerly on this program. He said the program is on Lotus and the city can buy the necessary software to implement it for around $275.00 going on to say all the work had already been done free of charge to the city. Bill Conerly explained how the Lotus program works and how it will benefit the city in preparing and working with and adjusting the budget. Conerly said that the M.U.D. and City budgets could be easily combined on this system. Councilman Poole said she would like to see a preview of the two budgets combined. 00230 4. CONSENT AGENDA Janice Carroll stated that she does recommend going with the First Colony Bank on the financing for the siren and the two tractors for two years. Councilman Amick then said he would like that item removed from the Consent Agenda for discussion. Councilman Harris then requested item B be removed from the Consent Agenda and Councilman Dye requested items A, D, and E be removed from the Consent Agenda. Mayor Sample stated that since there is now only one item left on the Consent agenda and there are several persons in the audience interested in some other items that he go on to item # 5 on the regular agenda and come back to the Consent A~ienda at a later time. 5. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE CONSTRUCTION OF THE MUNICIPAL COMPLEX Janice Carroll, City Manager stated that enclosed in the Council packets were that bid tabulations and a copy of all the bids received. She stated also that representatives from F.R.S. Design Group and Marcon Construction (low bidder) were present to answer any questions the Council might have. Carroll went on to say that Eric St anion had checked the references on Marcon Construction and that they were all favorable. She then suggested going over the alternates as presented. Mayor Sample asked if the low bid of $1,9B8, 00.00 included items 1, 2 & 3 and nthen the alternates v~uldbe at the option o the Council. John Firestone said that was correct and he then proceeded to explain each alternate and what the architects recommendation is regarding each one. 1. Additiori~l yt~a~t<ir~g- chose to keep 2. Stucco Soffit - the covering of the walkway connecting the recreation building and the City Hall The alternate was to use something other than stucco which Marcon bid as aluminum at a cost of $8000.00. The architects chose not to go with this alternate since stucco was included in base bid and they felt would be more attractive and practical. 3. Cabinet work - chose to keep 4. Sound atinuation panels - the contractor is going to bring this back with an alternative which he feels will be less expensive, so the architects chose to omit this alternate, at this time. 5. Lockers and benches in the police department and the recreation building. - chose to keep 6. Screening walls around the outside condensing units - chose to keep 7. Emergency Generator - chose to keep 8. Gym Floor - chose to keep 9. Bleachers in Gym -chose to keep 10. Library Staff Restrooms - Chose to delete ~ 1_1. Library Projection room and storage area - chose to delete Councilman Amick asked for clarification on alternate #2. Mr. Firestone said that the stucco was included in the base bid and to go with aluminum would add $8000.00. Councilman Harris said that he felt that the staff at the Library should have their own restroom At this point, Councilman Ar rambide did arrive at the meeting. Councilman Harris went on to say that he thinks the projection room and storage area should be left in. There was some further discussion regarding the alternates and the reasons behind the architects recommendations. Councilman Harris moved to take all the alternates except 2, 10 and 11. Councilman Amick seconded the motion. It was agin explained that alternate #4 will be brought back at another cost and possibly as a chagne order. Janice Carroll said that with the above changes, the bid is now at $2,092,700.00. The motion carried with a unanimous roll call vote. 002306 Janice Carroll reminded the Council that a motion is necessary to accept and award the bid and then she recommeded tabling item # 6 on the agenda until the contract has been reviewed with the attorney. Leion Marshall, President of Marcon Construction stated that he could not get a bond until the contract is signed and that if the council could at least award the bid to hiscompany tonight then he can move forward toward securing a bond. Councilman Poole asked about the 420 day time period for construction. Mr. Marshall said that when a liquidated damages clause is included in a contract then the time period automatically increases. He said that he feels the jobe will be done as soon or sooner than the amount of time specified in the bid. Councilman Amick moved to accept all bids and to award the bid to Marcon Construction, Inc. in the amount of $2,092,700.00. Councilman Poole seconded the motion which carried with a unanimous roll call vote. At this ~ime, Mayor Sample called for a brief recess. 6. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE CONSTRUCTION OF THE MUNICIPAL COMPLEX Councilman Amick moved to table until April 28, 1986. Councilman Poole seconded the motion which carried with all memebers voting Aye. 7.CONSIDERATION OF OFF-SITE UTILITY PLANS FOR WATER, ELECTRICITY AND GAS FOR THE MUNICIPAL COMPLEX Janice Carroll stated that this is just a review of the plans and that the architects are here to briefly go over the off-site utility plans, going on to say that these plans are budgeted at $30,000.00 Carroll said the water willb e on a loop system for all the buildings. She said that gas will be brought in from Pruitt Drive and N. Colony at no cost to the city and that this line will also be serving the pool. Ms. Carroll said that electricity will be run behind the comp]ex and that it could either be run underground or above ground and the price difference is as follows: Buried Service - requiring loop system - $40,000.00 Above ground Service - $20,000.00 Mr. Firestone did state that if we went with above ground service that on the site itself, the cable would be buried. Councilman Amick asked if we had the funds to go underground. Carro]l stated that we might be around $7000.00 short. Councilman Amick suggested that we find that amount and go underground for aesthetics and for efficiency. Mayor Sample asked if this was the same line that would service the lighting for the athletic field. Carroll advised it was not. Councilman Harris said perhaFs that the cost could be shared and Carroll said she would check into it. John Firestone said that Texas Power and Light would give the information needed and that the restrictions may be different for undergrand than above ground. There was a general concensus that we should ~o with underground and that the City Manager should get the costs. 8. CONSIDERATION OF SITE PLAN APPROVAL OF THE COLONY POINT SHOPPING CENTER LOCATED AT THE CORNER OF S. COLONY BLVD. AND PAIGE RD. AND ZONED GENERAL RETAIL. Janice Carroll introduced Eric Stanton, Building Official. and Mike Hampton and Criag Sims of Carter Commercial Brokerage to answer questions of the Council. Mr. Stanton said that the Planning and Zoning Commission had reviewed and approved the site plan on April 8, 1986 with the condition that the Traffic Engineer approve the median cut as proposed. He went on to say that this is approxi- mately a 2.2 acre site with 24,000 square feet of proposed retail and that M.U.D. and the Fire Chief have bOth approved the site plan. Councilman Amick asked about the median cut and if this would not add to the currect traffic problem in that area. He feels that we will soon have to put a signal light at the intersection. Craig Sims said they have tried to negotiate witht he property owners to the north on a mutual access, but haw~ been unsuccessful in reaching an agreement. 00230o Councilman Poole asked what k~nds of businesses were to be in the center. Mr. Sims said convenient type; liquor store, video store, and hopefully a Mexican Restaurant, hair salon, donut store. Jud~ Oaks of Hunsicker Bullough, Assoc. said she has a problem with the median cut because of the current problems she has at the current shopping center across the street fromt his one, as far as people being able to get out onto Paige Rd. from:the cer~'cer. Councilman Dye said he feels this is not a good plan fromt he traffic standpoint. Mr. Sims said that the other alternative would cause people to make a U-turn back onto Paige to enter the shopping center and he feels that would be more hazardous. Sanice Carroll suggested approving the site plan with the exception of the. median cut and then look at althernatives. Councilman Harris and Amick both sa~d they did not want to approve the plan until complete. Councilman Bradley said that that portion of S. Colony on the east of Paige Rd. is not designed to hold heavy traffic. Mr. Sims said his company would clean up that road, Councilman Poole asked for costs to the City to develop Camey Rd. and Janice Carroll said she would check into that. Mayor Sample asked Mr. Sims and Hampton what they wante'd to do, that the plan has some problems and needed some work regarding Paige Rd. access and the upgradfing of S. Colony east of Paige Rd. Mr. Hampton asked what the Council wants his company to do. Mayor Sample said he would like to see S. Colony a concrete street with curb and guttering. Mr. Sims said there is no way his company can afford that without substantial support from the City. The Mayor then asked is the City could require a bond that would guarantee the road be build by a certain date, whenever IBM can participate. Janice Carroll said she would look into that and the sidewalks, which Councilman Amick had requested earlier. Councilman Dye said he feels the develope~e.~ should pay for the road. Councilman Amick asked if M.U.D. had approved the drainage and are we sure this will not create a problem at Paige and S. Colony and Mr. Stanton said yes it would create a problem at that intersection Councilman Amick moved to table this item until April 28, 1986, or at such time as the questions raised can be raised and the problem of access can be solved. Councilman Arrambide seconded the. motion which carried with all members voting Aye. 9. CONSIDERATION OF AN EASEMENT AGREEMENT WITH HUNSICKER- BULLOUGH AND THE CITY OF THE COLONY TO ALLOW SAID EASEMENT FOR THE CONSTRUCTION OF THE PEDESTRIAN CROSSWALK. Janice Carroll no.ted that there were several representatives from Hunsicker-Bullough at the meeting and that items 9, 10 & 11 needed to be considered together. Carroll also stated that Planning and Zoning had reviewed the plat and site plan and recommended approval. Carroll stated that the one remaining concern ont he easement agree- ment ~s the time limit of 20 months. Mayor Sample said he does not like 20 months and would really like to see ~forever' in that space so the easement will always be there for the crosswalk. Councilman Amick said that there is a responsibility to build the crosswalk and that the state has not yet responded our last request. Mr. Art Anderson, attorney for Hunsicker and Bullough, stated that the time frame is important from a marketbilit'./- standpoint because of aesthetics and how much land will actually be used, particularly if the State. requires that the. the crosswalk bt~ built to handicap regulations. There was a lenghty discussion regarding the time frame and its importance to both parties. If the land is not used for the crosswalk in the specified time frame then the easement reverts back to Hunstcker Bullough and if that happens then the crosswalk cannot be built. Councilman Amick said that is not a problem but that without State approval it is almost impossible to give a definite time of construction. Mr. Anderson asked the Mayor what this item (#9) will have on the following two items on the agenda. ~/layor Sample said it should have no effect. Councilman Dye pointed out that the pla might have to be changed at a later date. Mr. dale Bullough was present and did state that he has a contract with Winn Dixie to build the largest store in the nation and that this easement agreement is causing him a great deal of trouble. Bullough went on to say that his company has worked with the city and tried to come to an agreement for over a year now and that his tenants are ready to build now and that he feels it is the city's turn to work with him. Councilman Dye suggested leaving that particular corner of the property out of the plat until the response is received from the State. Councilman Harris said 20 motnhs is not long enough but maybe forever is too long. Mr. Anderson asked if the City wou]d go for a 36 month time frame. Councilman Amick moved to accept the Easement agreement with the number of months amended to read 36 by the verbal agreement offered. Councilman Bradley seconded the motion which carried with the fo]lowing vote: Harris - No Dye - No Amick- Aye Bradley- Aye Poole - Aye Sample- Aye Arrambide- Aye 10. CONSIDERATION OF APPROVAL OF PRELIMINARY AND FINAL PLAT FOR OAKS VILLAGE LOCATED AT THE INTERSECTION OF N. COLONY BLVD. AND FM 423. Eric Stanton showed the plat and stated that Planning and Zon_mg and M.U.D had approved it. Mr. Tim Lackey, architect for the project was present to anser questions of the Council. Councilman Harris asked what kind of parking lot would be at the center. Mr. Lackey stated concrete. Councilman Amick asked what kind of wall would be built behind the center and Mr. Lackey stated 6' masonry. There was some discussion regarding curb cuts. Mr. St anton stated there would be none on 423. Counclman Poole asked for a sign that can be seen fromt he street listing the stores in the center. Judy Oaks said yes they would do that if the City Ordinance would allow. Mr. Stanton said the ordinacne now allows a 30' pole sign in a center of that size. It was mentioned by Councilman Poole that there were always Mot of complaints regarding the present center at the corner of S. Colony Paige because you have to drive through the center to see what stores were there. Judy Oaks said that now that the ordinance allows such a sign they can put one in that center. She also stated that they would have done so before but the ordinance would not allow it. Councilman Poole asked how long construction would take. Mr.: Bullough said it would be about 8 months. Councilman Amick moved to approve preliminary and final plat for Oaks village. Councilman Dye seconded the motion which carried with a unanimous roll cml vote. 11. CONSIDERATION OF SITE PLAN APPROVAL FOR OAKS VILLAGE, LOCATED AT THE INTERSECTION OF N. COLONY AND FM 423. Councilman Amick moved to approve the site plan for Oaks Village and Councilman Dye seconded the motion which carried with a unanimous roll call vote. 4. CONSENT AGENDA A.CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE APRIL 7, 1986 COUNCIL MEETING. Councilman Poole moved to approve the minutes as written. Councilman Amick seconded the motion which passed with all members voting Aye with the exception of Councilman Dye who abstained. 13. CONSIDERATION OF A REQUEST TO PLACE A CONCESSION STAND AT STEWART'S CREEK PARK Jack Hudson explained his idea regarding the concession stand at Stewart's Creek Park stating that the city would receive 20% of his net profit and it would provide jobs for a few kids this summer. He stated that he had gone before the Park and Recreation 002811 Board and they were in favor of the idea and that now if Council approves the idea then it can be submitted to the Corps of Engineers for their approval and then back to council for final approval. Mayor asked what net profit means and Councilman Amick said he thinks Mr. Hudson needs to rigidly define that and perhaps rethink the percentage of profit, maybe changing to a percentage of gross. Councilman Dye moved to aprove the concept and with Corps approval and contract it should be brought back to Council. Councilman Amick seconded the motion which carried with a unanimous roll call vote. 12. CONSIDERATION OF RULES AND PROCEDURES FOR THE COLONY AQUATIC PARK. Councilman Harris asked that the Council review the rules and procedures and that this item be brought back to Council on April 28 for discussion and approval. Councilman Amick asked where the ideas had come and Mr. don Jost said he had accumulated procedures from the surrounding cities and compiled these rules and proceudres form those. Mr. Bob Christiansen asked if he could get a copy of those rules. Council man Amick explained that these are not rules regarding fees but mainly rules for behavior at the pool and for employees but that he could have his copy if he wanted it. There was a concensus that this item be tabled until the April 28, 1986 meeting. 4. CONSENT AGENDA B. Janice Carroll stated that the Resolution originally said $7148.00 for the concession stand equipment but that due to the recommend- ation to buy a larger refrigerator the amount has increased to $7775.32. Councilman Harris moved to approve the Resolution with the change in the amount to $?775.32. Councilman Amick seconded the motion which carried with a unanimous roll call vote. F. RECEIVE 6 MONTH BUDGET REPORT FROM CITY MANAGER FOR 1985/86 :-. Councilman Harris moved to approve the receipt of the six month budget report fromt eh City Manager as presented. Councilman Amick seconded the motion which carried with all members voting Aye. C. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE LEASE PURCHAE OF A CIVIL DEFENSE SIREN AND TWO PUBBIC WORKS TRACTORS Janice Carroll stated that here recommendation is to go with First Colony Bank for two years at 9%. Councilman Amick moved to approve the Ordinance and Councilman Bradley seconded the motion Councilman Harris asked what was in the budget for the siren this year and what are we spending. Janice Carroll said that the total cost of the siren in $11,871.00 and the lease for 6 months this year will be $3352.92. With $5683.00 budgeted that is a saving this year of $2429.08. Mayor Sample then said that we would be saving $1,000.00 on the tractors this year. The motion carried with a unanimous roll call vote. D.CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR THE CITY DEPOSITORY CONTRACT Councilman Dye asked if is possible to shp around for a better deal. Janice Carroll said that when there is a bank within your City others are hesitant to bid on the contract. She went on to say the First Colony Bank allows us to move our money for better investment and that she recommends going with First Colony Bank. Councilman Dye moved to accept and award the proposal to First Colony Bank. Councilman Poole seconded the motion which carried with all members voting Aye. E. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONRACT FOR A CITY DEPOSITORY. Councilman Dye moved to approve the ordinance as written and Councilman Poole seconded the motion which carried with all members voting Aye. 0022!g 14. CONSIDERATON OF A REQUEST FROMT HE CITY MANAGER FOR ADDITIONAL STAFFING AND CAPITAL EXPENDITURES NOT BUDGETED IN THE 1985/86 FISCAL YEAR. Janice Carroll reviewed the Public Works Department, naming the 3 division, Signs, Concrete and Parks and Medians covering duties of the personnel and the need for additional personnel to cover the gate at Stewart's Creek Park. She also requested entering into a contract with Mr. Richard Phelps to maintain the park (Stewart's Creek) for a fee of $22.50 per hour, which would include mowing, and trash pick up. Councilman Amick said they had planned to look at Public Works in the next budget and perhaps it should have been done this year, going on to say that he has no problem with Option 1 of the City Manager's proposal. MayrXr Sample asked when the week-end gate' personnel would start. Carroll staed that would May 1, 1986. Councilman AMick moved to accept Option 1 effective May 1, 1986 for proposed contract labor at Stewart's Creek Park and week-end gate personnel. Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 14, CLOSED DOOR SESSION AS AUTHOIRZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL AND BOARD APPOINTMENTS Upon reconvening in open session, Councilman Bradley moved to adjourn. Councilman Dye seconded the motion which carreid with all members voting Aye. Mayor Sample adjourned the meeting at 1:30 a.m. April 22, 1986. APPROVED: ATTEST: ~~ary