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HomeMy WebLinkAbout07/07/1986 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JULY 7, 1986 TO ALL INTERESTED PEI,'SONS: The REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. at City Hall. Following is the disposition of attendance of members of the Council for this meeting: Larry D. Sample Mayor Rick Harris Councilman Tom Arrambide Councilman David W. Dye, III Councilman Don Amick Councilman Harvey Bradley Councilman(Absent, out of town) Marlene Poole and with Councilman Bradley's absence, a quorum was established and the following items were addressed. 1. PLEDGE OF ALLEGIANCE Mayor sample led the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Marlene Poole thanked the City Secretary for a good July 4th Parade stating that is was one of the best we have had. David Dye spoke regarding a letter Council had received from Mr. Sam Keeble stating that perhaps our sign ordinance is too restrictive particu- larly in the area of garage sale signs. Councilman Dye asked for the history of the garage sale signs and why the ordinance is so restrictive. Councilman Dye said he would like a response now or later from the Council. Councilman Amick stated that he had voted for the restrictions due to the proliferation of garage sale signs and they detract from the beauty of the city, and not because he wanted to restrict garage sales themselves. Councilman Harris stated that he voted for the restrictions not only because there are too many but because many of them are too big. Councilman Dye said he felt people whould not have to ask permission from homeowners to place a sign in their yard. Dye went on to say that the nature of many citizens here in The Colony, is they do not have much money and he would like to keep the option of fi~-ffi~ng .~'. ~ garage sales open. Mr. Dick Weaver, (citizen) stated that he disagreed with Councilman Dye and thinks the signs are a big mess, there are too many. Councilman Dye asked for a concensus to bring the item back to Council. Mayor Sample advised that it had not been 6 months since it was originally voted on and that according to the Resolution governing Agenda preparation, it could not be brought back until after 6 months. 3. PUBLIC HEARING REGARDING THE ANNEXATION OF A TRACT OF LAND GENERALLY LOCATED NORTH OF THE CORPORATE LIMITS OF THE CITY, SITUATED ADJACRNT TO SQUIRES DRIVE, BEING APPROX IMATELY 50 ACRES IN SIZE AND KNOWN AS THE B.B.OWENS TRACT Councilman Amick moved to open the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. Mayor Sample explained that this tract has already been annexed 4 times but due to a boundary dispute with Frisco they had been invalid. The Mayor went on to say that there is now a Boundary Adjustment Agreement with Frisco and that this annexation will be valid. Janice Carroll said that the Service Plan and documents regarding that Boundary agreement were in the packet for the Council's review. With no other discussion, Councilman Poole moved to close the Public Hearing. Councilman Arrambide seconded the motion which carried with all members voting Aye. 4. CONSENT AGENDA Councilman Amick requested that item D be pulled from the Consent Agenda for discussion. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE COUNCIL MEETING OF JUNE 16, 1986. 0 0 2 8 9 Councilman Amick moved to approve the minutes as written, and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION (DF AMENDING THE RESOLUTION REGARDING THE PREPARATION OF COUNCIL AGENDAS AND PACKETS Councilman Amick moved to approve the resolution as written and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH UNITOG, RENTAL SERVICES FOR THE RENTAL OF UNIFORMS FOR THE PUBLIC WORKS DEPARTMENT Councilman Amick ,moved'to approve the ordinance as writien, and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, RELATING TO SIGNS. Councilman Amick stated that on page 2 of of the amendment Section C, (a) should be deleted and there was a concensus of Council to do so. Councilman Amick then moved to approve the motion with above stated deletion and Councilman Harris seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF AN ORDINANCE ANNEXING A TRACT OF LAND GENERALLY LOCATED WEST OF THE CORPORATE LIMITS OF THE CITY OF THE COLONY AND NORTH OF STEWARTS CREEK PARK, KNOWN A THE BEACH AND TENNIS CLUB. Councilman Amick moved to approve the ordinance as written and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF A PROPOSAL FROM DELOITTE, HASKINS AND SELLS, FOR THE EXAMINATION OF THE FINANCIAL STATEMENTS OF THE CITY OF THE COLONY FOR THE YEAR ENDING SEPTEMBER 1986. Councilman Amick mvoed to approve the proposal and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF A CHANGE ORDER FOR~THE MUNICIPAL COMPLEX CONSTRUCTION CONTRACT FOR THE FOUNDATION AS SUBMITTED BY MARCON CONSTRUCTION COMPANY IN THE APPROXIMATE AMOUNT OF $13,000.00 Janice Carroll said that Leon Marshall and Jim Mirkes were here to give a written report, stating that the architects had given their approval of this change order. Jim Mirkes hand out the verification regarding the foundation testing, stating that $13,000.00 is not really the full amount. Mirkes then explained how the testing had been done by Rhone Engineering and that the piers will have to go to 22' depth. Councilman AMick asked if the $4250.00 for the testing had been approved previously and if so it would not really be a part of this change order. Councilman Amick also asked if down time is covered in the contract then it should not be part of the change order either, but should be handled by the architects. Mr. Leon Marshall stated that according to Article 15 of the Construction contract, the contractor is entitled to recoup down time and stated that the archftectsshould have been at this meeting to address that. There was a lengthy discussion regarding the payment of the down time fee of $3900.00. All agreed it was part of the contract but perhaps should not have been part of the change order but ]~andled through the architects. Mr. John Boyle, the City Attorney was at the meetipg and advised, that yes, the architects written approval but since time is of the essence, the change order could be approved tonight with the condition we receive the architects written approval and that the architects signs off on the change order. Councilman Harris moved to approve the Change Order on the condition we receive the architects written approval and the architects s-ign off on the change order. There was no second, the motion died. Councilman Amick moved to approve the Change Order as presented contingent upon item #2 being verified with the architects(meaning that the information given over the telephone was correct) and that #3 be paid if it is in compliance with the contract. Councilman Harris seconded the motion which carried with a unanimous roll call vote. 5. RECEIVE REPORT FROM STAFF REGARDING THE POSSIBLE SOLUTIONS TO THE MOSQUITO PROBLEM IN THE CITY. Mayor Sample went over the costs as outlined in Jerry Van-Y's memo regarding treatment: Aerial fogging $8225.00 City Fogging(+ Pellets) $6862.00 Councilman Amick stated that he was not in favor of either proposal and Councilman Dye said he was not in favor of City Fogging. Mayor Sample stated that it appears the problem seems to have died down. Mr. Van-Y stated that was true. Councilman Harris moved to table this item and Coucnilman Arrambide seconded the motion which carried with all members voting Aye, with the exception of Councilman Dye who voted Nay. 6. RECEIVE UPDATE FROM STAFF REGARDING THE STATUS OF THE PARKS AND PLAYING FIELDS UNDER BOND DEVELOPMENT Counciman Amick made note that the contractor did not have the lights on the field at N. Colony by July 1, as promised, and that no one can play on Bridges until the transformer is in. Councilman Amick then requested the City Manager have the City Engineer check how the poles were installed to be sure it was doen properly. Councilman Amick also asked that Gary Birdsong be contacted after the lights were all installed to check them with a meter and by the electrical specifications. Councilman Amick reminded the Council that Mr. Birdsong had suggested that the poles be installed with crushed rock around the base to ensure their stability, and that he had not observed any crushed rock being used. Councilman Harris asked about playing on the Turner St. Park fields this next season, noting that Mr. Van-Y has recommended that no games be played this fall season on Turner. There was a lengthy discussion regarding the time for hydromulching, and whether the Soccer Assoc. should plan to play on Turner in the fall or wait til the next spring season. Councilman said he would like to se us aim at getting Turner in shape for fall play and then if it is not they can play on the alternate fields across the street. It was mentioned that Fox & Jacobs had already given permission for the use of those fields in the fall. A1 Gober said that if they do have to use the alternate fields they will need to have some help in watering because the fields are in very bad shape and would have to get some water to them before anyone could play on them. There was a concensus that the above plan would be followed. It was also decided that there would be softball playd on the B.B. Owens fields this season and then hydromulch as soon as the season is over, and then again next spring. There was also a concensus that there would be no practice allowed onthe fields. 7. RECEIVE REPORT FROM STAFF REGARDING THE CLOSING OF 4th ARMY MEMORIAL ROAD AND THE REPAIR OF THE BRIDGE ON THAT ROAD Mayor Sample said that Denton County had already closed this road and that the City wants to abandon the road and have the right of way dedicated to the City. Janice Carroll asked for a directive motion for the Ordinance to abandon, vacate and close to be prepared. Councilman Amick moved to direct the City Manager to instruct the City Attorney to prepare the Ordinance to abandon, vacate and close the 4th Army Memorial Road. Councilman Dye seconded the motion which carried with a unanimous roll call vote. Janice Carroll noted that it would cost about $700.00 to close the road properly and Mayor Sample said that was not necessary just to close it without the use of expensive barricades. 8. CONSIDERATION OF THE AUTHORIZATION OF THE PURCHASE OFiiADDITIONAL POOL EQUIPMENT FOR THE COLONY AQUATIC PARK. Janice Carroll said the shelving for the baskets had been donated to the City by Lowell Barton and that the costs for the baskets was outlined in the information enclosed in the Council packet. Council discussed whether to place the baskets inside or outside and it was recommended to place 96 baskets outside in the walkway between the entrance gate and the indoor pool entrance. It was also suggested that lockers for the indoor dressing rooms be put in next year's budget. The Council also discussed the possiblity of placing dry-decking in,the shower area to prevent the danger of slipping on the wet floor. Councilman Amick suggested that Mos be put in next year's budget. Councilman Amick moved to purchase 96 baskets at a cost of $858.00 and locks for those baskets at a cost of $190.08. Councilman Poole seconded the motion which carried with a unanimous roll call vote. 9. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E, REGARDING LITIGATION, TO WIT: A. PROPOSED NORTH DALLAS JETPORT Upon reconvening in open session and with no further busienss to address, Councilman Harris moved to adjourn the meeting and Coucnilman Poole seconded the motion which carried with all members voting Aye. Mayor Sample adjourned the meeting at ll:50p.m. APPROVED: /'~~a r r~ ~l~--~ffp 1 c~, Mayor ATTEST: Patt~ A H~cks, C~ty Secretary