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HomeMy WebLinkAbout10/06/1986 City Council 00248t MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 6, 1986 The REGULAR SESSION of the City Council of The Colony, Texas was called to order at 8:04 p.m. by Mayor Amick. Mayor Amick made note that the meeting was being called to order one hour late due to the fact tht there was not a quorum until this time and that due to late hour, the Closed Door Session scheduled for the beginning of the meeting would be addressed later. Following is the roll call of the Council: Don Amick - Mayor Present Rick Harris - Councilman Absent due to business Tom Arrambide-Councilman - Present David W. Dye,III - Councilman - Present Harvey Bradley - Councilman - Present Marlene Poole - Councilman - Absent due to illness With four members present a quorum was established and the following items of business were addressed: 2. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 11. RECEIVE REPORT FROM ASST. CITY MANAGER REGARDING THE UTILITY DISTRICT ACCOMPLISHMENTS IN THE 85/86 BUDGET YEAR AND THE BUDGET AND GOALS FOR THE 86/87 BUDGET YEAR. Mr. Bill Hall, Asst. City Manager in charge of the Water Department reported to the Council on various projects which had been accomplished during the 1985/86 fiscal year, citing several drainage projects, the use of the Summer Youth Program and some repairs done in the water and waste water departments. Mr. Hall had prepared a memorandum for the Council (see Attachment "A"), which he covered and elaborated on each project listed. When Mr. Hall addressed the purchase of a new computer system Mr. Dick Weaver, a citizen, asked why Kathy Smith in the tax department could not have access to the computer in her office to expedite tax collection. Mr. Hall stated that a tax package is included in the new computer program. At this time, Mayor Amick asked Mr. Hall to be seated but that he would be asked later in the meeting to address the 1986/87 budget and goals. 3. CITIZEN INPUT Mayor Amick - At this time the Mayor appointed Councilman Bra. dley to serve in his place on the Home Rule Charter Revision Committee. Councilman Bradley accepted the appointment. Dick Weaver - stated that for the past 2 months Janice Carroll has spent many hours working on the 1986/87 budget and that one year ago he, Bill Connerly, and Johnny Spears had presented the City a computer program that would eliminate the amount of time spent in preparing the budget. Mr. Weaver said that he thought at that time Ms. Carroll accepted the computer stating that he had offered to help the staff with training as well as Johnny Spears' offer to help. Mr. Weaver wanted to know why this offer was refused by the Council. Councilman Dye stated that he appreciates Mr. Weaver's willingness to help the City but that the Council has staff to run the City for them and that the Council trusts Ms. Carroll to make the right decisions and that he was sure there were valid reasons for not accepting the computer. Councilman Dye went on to say that he for one was tired of Mr. Weaver throwing this up at the Council time and time again. Mr. Weaver stated that the Council dictates to Ms. Carroll and that the Council had told her not to accept this offer. Bill Connerly - asked how the contingency is handled from year to year. Janice Carroll said that she has that information and can give it to him. Mr. Connerly said he didn't see any expenditures and wondered why it is less this year. Mayor Amick said there were expenditures but that the staff tries to keep them at a minimum so the money will be left over from year to year. The Mayor went on to say the money is used for unexpected expenses and that at the end of the year the money not expended is used as carry-over and that goes into contingency for the next year. Mr. Gonnerly said he ran last months expenditures and each department matches but the total is about $13,000 off. Mayor Amick said to give a copy of that to Jane Barton, Financial Asst. and have her check on that. Mr. Gonnerly asked if former Mayor Sample had frozen uneccessary expenditures in June or July. Ms. Carroll said the Mayor had 00248't' wanted programs to go on as usual but that unusual expenditures should be covered with him, stating that she would give Mr. Connerly a copy of the memo she had prepared for Council regarding the budget. Mona Mason Effler - asked if there is any thing the City can do help rush the 121 widening project, stating there had been another death on 121 on October 5, Ms. Effler said the boy was 9 years old and resident of The Colony. She said that according to the state it will 2 years before the project is even begun asking again if the City can do anything, stating that this was the 6th death on 121 in the past 2 months. Mayor Amick stated that he did not know of anything else the City could do beyond what had already been done. 4. CONSENT AGENDA Mayor Amick requested all four items be pulled from the Consent Agenda for discussion. A.CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE CITY COUNCIL MEETINGS HELD ON SEPTEMBER 15 AND 22, 1986. Mayor Amick stated that in the September 15 minutes the motion approving the Flood Plain Ordinance had been left out and should be added. Council- man Dye moved to approve the minutes as written with the amendment and Councilman Bradley seconded the motion. B. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES BY AMENDING SECTION 6-1 TO ADOPT THE 1985 EDITION OF THE UNIFORM BUILDING CODE Janice Carroll referred to a memo from Eric Stanton, Building Official, in which the changes recommended by Council at the last meeting were outlined. 1. The proposed amendment relating to a separate Builidng Code Board of appeals be deleted. 2. The proposed amendment relating to cab size of elevators be deleted since the State already requires a larger cab size. 3. Section 306(a) which now reads "In addition to the inspections required by Section 305, the owner shall employ a special Inspector during construction on the following types of work..." be amended to read as follows, "...the city shallemploy a qualified special inspector, expenses for which are to reimbursed by the contractor, during construction of the following types of work..." Mr. Stanton also recommended the ordinance establishing a $400 permit for single-family dwellings be repealed and the fee charts in the 1985 Code be used which would bring in the following revenue on a $90,000.00 home: Building Permit $594.50 Plumbing Permit 27.00 H.V.A.C. Permit 33.00 Electric Permit 27.00($0.015 x 1800) $681.50 Mr. Stanton also pointed out a typo on page 3 which he stated the City Secretary had corrected on the Ordinance to be filed. There was a brief discussion regarding the changes. Mayor Amick read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ADOPTING THE ENGINEERING DESIGN MANUAL AND THE STANDARD CONSTRUCTION DETAILS AS THE STANDARD FOR ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS(S200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Councilman Dye moved to approve the Ordinance with the amendments as presented and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE ADOPTING THE ENGINEERING DESIGN MANUAL AND THE STANDARD CONSTRUCTION DETAILS AS THE STANDARD FOR THE CONSTRUCTION OF PUBLIC WORKS Janice Carroll said she had discusses this with Councilman Dye who had noted that Section 2 should also state "or consultant to the City". After a brief discussion Council decided that the last section of the last sentence of Section 2 should be deleted. Ms. Carroll said the' chagnes had been recieved from Bridgefarmer but not the final form. Council all agreed this should not be adopted until the final books received for review. Councilman Dye stated we should be sure Chain link fence is deleted. Councilman Bradley moved to table this item until the final books received. Councilman Dye seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY IN SUPPORT OF A LETTER TO BE WRITTEN TO THE FEDERAL AVIATION ADMINISTRATION, REQUESTING AN ENVIRONMENTAL IMPACT STUDY REGARDING THE DALLAS NORTH JETPORT Mayor Amick read the letter to be sent (see Attachment "B") and the Resolution as written: WHEREAS, this Council strives always to have the welfare of the citizens of the City of The Colony at heart; and WHEREAS, this Council wants to ensure the quality of life in this city; and WHEREAS, it is in the best interest of the citizens to request an environmental impact study; NOW, THEREFORE BE IT RESOVLED, by the City Council of the City of The Colony, Texas that a letter should be forwarded to the Federal Aviation Administration requesting an environmental impact study be done in regard to the Dallas North Jetport. PASSED AND APPROVED this 6th day of October, 1986 (s)Don Amick, Mayor ATTEST: (s) Patti A. Hicks, City Secretary 6. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY ORDERING A CHANGE IN THE :USE OF SAID PROPEP..TY FROM MF-1 MULTIPLE FAMILY-1 TO O-1 OFFICE-I, AS REQUESTED BY FOX & JACOBS, INC. Janice Carroll explained that the Covenants and Deed Restrictions were added to the ordinance per the attorney's instruction so that restrictions could be placed on the property. Ms. ~arroll said they were received late on September 29 from Fox & Jacobs with no explanation and that the top covenant had been given to our attorney to review, not realizing that there were two different covenants, lvls Carroll said the attorney did give his recommended changes to the City Secretary and they were made however, in speaking with Marilyn Putnam just today, the error was realized and the covenants in the Council packets are not correct, but the City Secretary had made the corrections on the actual covenants, stating there would be a new £:_;~ibit "B" with the correct height and space restrictions. Councilman Dye moved to approve the Ordinance with the covenants and Council- man Bradley seconded the motion. Janice Carroll read the sections referring to 11' height restriction and the space restriction. Councilman Bradley asked if the covenants would carry over to a ~w owner. Ms. Putnam stated yes that is i, ncluded in the covenants themselves. Councilman Dye then asked if this would be obstructing the open view from FM 423, stating that he did not wa.nt to destroy the open view by only being ~ble to see roof-tops fromthe highway. COuncilman Dye stated, 'he was 'not'" sure this restriction did that. Ms. Agnes Foster of P & Z stated that this was discussed at thtz_,P & Z hearing and it.~was determined t-h~ vidw wo'ulcl"" not be hampered by this zoning. Mayor Amicl~- said'whbn' ~hg:land ,was sold it was understood the prime view of the lake could be taken away but that 14e ariv~ ~long ~M 4~3 'evei-¥ da~ 'and d<~eS -not fe~el that ,is,?t, go'od'.time',' tb be t, ryir~g,,~o, see. th,e:lak~,. 'TheXI%l,ayor ~vent on;,~o .say,th~ ~,he C$1~y kne~ .... 'FM 423 wouldi:,be"ddevelo!oe,d'-a's-, c~mmerciat propel~ty, a.n~l~tti~t' he is.,,w,i, tling ~' ,_:" ~o gi~*,.up--the.,View,and is ready to Vgt'e,'in 'favor~ of th~s'.zon, in,g., 'CoUncil`` " 00248 Bradley said the space restriction is in the covenant to protect that open view. Councilman Arrambide said that is all well and good but when will this property be developed; 5 years, 10 years or 2 years, stating we need it now. The Councilman stated that the Mayor's tax base argument is irrelevant at this time. Mayor Amick asked Ms. Putnam why the zoning is necessary now. Ms. Putnam stated that with the zoning in place the property is more easily marketed. Councilman Arrambide said he bought the property his home is on with the understanding more homes would be built in that are and now the sign is down and asked Ms. Putnam why. Ms. Putnam stated the sign was in disrepair the the wind blew it down. Mayo~:'Ami-ck' then asked for ~_ the vote and the motion carried with the following vote: Arrambide - No, Dye - Aye, Bradley - Aye, Amick - Aye 7. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM MF-1 MULTIPLE FAMILY-1 TO 0-2 OFFICE-2, AS REQUESTED BY FOX & JACOBS, INC. Marilyn Putnam showed the location on a drawing and noted that is across from the Cable T.V. Building and the existing shopping center. Janice Carroll noted that the 0-2 zoning allows up to a 6 story building but the restrictions placed on the property by the covenants limit the height to 35'. There followed a lengthy discussion regarding the benefits of a 6 story building and a 2 story building after which Councilman Bradley moved to approve the ordinance as written with the 35' height limitation. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BE AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LCOATED WITHIN THE CITY OF THE COLONY, ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM MF-1 MULTIPLE FAMILY-1 TO SC SHOPPING CENTER, AS REQUESTED BY FOX & JACOBS, INC. Mayor Amick pointed out that this tract is across the street from Billy's and Brookshires. There was very little discussion regarding this tract and Council- man Bradley moved to approve this ordinance as written with no covenants and deed restrictions. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING APPENDIX A-ZONING BY GRANTING A ZONING CHANGE ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM MF-1 MULTIPLE FAMILY-1 TO O-1 OFFICE-1 AS REQUESTED BY FOX & JACOBS, INC. Janice Carroll stated this is the same zoning as item #6 and that it is adjacent to the County Building. Mayor Amick mentioned that the Ordinance does not refer to the current zoning as being SF and MF-1. It was noted that the zoning application does indicate both. Councilman Bradley mo~ed to approve the Ordinance as written with the addition of SF to the caption and Section 2 of the ordinance, instructing the City Secretary to confirm this with the attorney, and if not legal then to bring this one tract back to Council. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NOTIFY TELAMON CONSTRUCTION OF THE FINAL DISPOSITION OF THE CONTRACT FOR THE CONSTRUCTION OF THE COLONY AQUATIC PARK. Resolution made a part of these minutes as Attachment "C". Mayor Amick read the resolution as written. Janice Carroll stated that the City had received many complaints from the sub-contractors of this project regarding non-payment from Telamon. Ms. Carroll stated the letter going to Telamon gives until November 1, 1986 to properly complete the items listed in the Resolution or the City will hold the retainage in the amount of approximately $52,000.00. Mayor Amick explained that the purpose of the resolution is to keep the City's actions legal. Janice Carroll read the letter prepared by the City Attorney, John Boyle which is to be sent to Telamon Construction. (See attachment "D") Councilman Bradley moved to approve the Resolution as written and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF THE ACCEPTANE OF A PROPOSAL FOR THE INTERIOR DESIGN AND SPACE PLANNING FOR THE NEW MUNICIPAL COMPLEX Councilman Bradley moved to table this item until October 13, when more proposals could be obtained. Councilman Dye seconded the motion which carried with a unanimous roll call vote. 11. RECEIVE REPORT FROM ASST. CITY MANAGER REGARDING THE UTILITY DISTRICT ACCOMPLISHMENTS IN .'THE 85/86 BUDGET YEAR AND THE BUDGET AND GOALS FOR THE 86/87 BUDGET YEAR. Mr. Bill Hall was asked to finish his report to Council regarding the 86/87 budget year. Mayor Amick asked why the tax rate was lowered this year. Mr. Hall said that because the two entities (City and M.U.D.) had merged the M.U.D. could use the city's assessed value and thereby lower the tax rate, stating that the city has more land than the M.U.D. and the assessed value is higher for the City. Mayor Amick stated that is the first savings caused by the merger. Mayor Amick asked why the operating revenue increased 14% from 84/85 to 85/86 and only 1.7% from 85/86 to 86/87, asking if it was due to cutting the rate 50¢. Mr. Hall said that actually somes from several factors. Mayor Amick then asked why expenditures were down 4% from 84/85 to 85/86 and down 13.5% from 85/86 to 86/87. The Mayor said this seems to be reversed form what it should be. Mr. Hall said the projection and the actual expenses were different. Mayor Amick asked for Mr. Hall to address those two items to him later in the form of a memo. There were questions regarding maintenance and sanitation revenue. Mr. Hall explained that previously Texas Waste Management fees of 5% were split between the City and M.U.D. and now will all go directly to the City. Mr. Hall said the Water Dept. Expenditures were up 85% for Chemicals pri- marily due to the weed killer for the drainage areas. Mayor Amick asked about legal expenses stating it show to be reduced to $10,000.00 going on to say that with the merger, the water department will be using Mr. Boyle. The Mayor asked when they would have to use a legal service. Mr. Hall said in regard to damage to a home and felt that charge should come from the water department. Mayor Amick asked for a detail of the legal expenditures in the System Fund in 1985/86. Mayor Amick said he was concerned about expenditures vs. revenues asking Mr. Hall if he felt secure that the rates won't have to be raised next year due to the revenues far exceeding the expenditures. The Mayor also asked Mr. Hall to keep a close eye on expenditures soing on to say he felt Mr. Hall had done a very good job but he was still concerned about this budget and would like these questions explained in a written form. The Mayor did say he did not want to cut maintenance. Mr. Hall clarified that this is for vehicle maintenance not system maintenance. At this time Mayor Amick addressed item #1 on the agenda, stating there were no interviews to be done so that item would not be addressed. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S, SECTION 2G, REGARDING PERSONNEL, TO WIT: B. CITY MANAGER POSITION. After reconvening in open session and with no action to be taken regarding the Closed Door Councilman Bradley moved to adjourn and with a second from Council- man Arrambide the motion carried with all members voting Aye. Mayor Amick adjourned the meeting at 11:30 p.m. APPROVED: Do~'~mick,- Ma~ .... · ATTEST: Patti A. Hicks, City Secretary 00249 . '.i . ~.'~.~;',::, ATTACHMENT "A" '""~ : MEMORANDUM TO: Mayor Amick and City Council FROM: Bill Hall, Assistant City Manager SUBJECT: Capital Improvement Projects Under The Colony Municipal '.i Utility District · Per your request, I have prepared a briefing paper of those Capital Improvement Projects that were completed during Fiscal Year 1985-86 and those projects that were proposed for Fiscal Year 1986-87. ': I will be prepared to expand on any or all of these projects at .~ the City Council Meeting on Monday, October 6, 1986. Additionally, I will be prepared to answer questions you may have on the Fiscal " Year 1986-87.Budget and/or Tax Rate Drainage Projects · Completed: Taylor Dr. & Aquatic Park ~: O'Hare Circle ~'~ Kean Circle : " Queen Circle ?~ Watkins'Circle Wilcox @ Ward Paige Medical Plaza ~, Flumes :,~ , Headwall ~ Inlet Box Paige Rd..to Matson Dr. ': ~' Recontour'ditch ~ Miller to North Colony ~'~.. North Colony - North .,~ Ditch'east of City Hall ~ Holden Circle '~..! Summer Youth Program: General mowing and cutting ~.~'i Projected: John Yates @ Crawford i . Ragan Rd..Headwalls "~ Water Department ~ Completed: Repaired leak in Ground Storage ': Reservoir #1 Mayor Amick & City Co6ncil Page 2 Completed:(cont'd) Drain, repair, clean Ground Storage Reservoir #2 Expanded and reconstructed storage compound Established Fire Hydrant and Water Valve Exercise Program Projected: Repainting of Elevated Storage Tank-~Lo~V~¥ (Contracts awarded) Rehabilitation of Well Site #2 Wastewater Department Completed: Permitted Off-site Sludge Disposal Land Reduced chemical cost Reduced electrical cost Rebuilt Emergency Generator at Master Lift Station Rebuilt "spare" emergency generator for mobile use throughout City Vehicle Maintenance. Completed: Approval for St~I s~~ Rebuilt "Sewer Jet,' truck- Rebuilt Dump Truck bed- Administration Completed: Purchase of computer system- Reduced Water Customer Rates- Increased Dallas Water Flow from- 2.0 MGD to 2.5 MGD BH:ra'd , 00249 ATTACHMENT "B" September 29, 1986 Federal Aviation Administration P. O. Box 1689 Fort Worth, Texas 76101 Re: Aeronantical Study No. 85-ASW-0467-NRA Gentlemen: The City of The Colony hereby formally protests the above Study and the procedures employed by the FAA in adopting it. Federal law unequivocally charges your agency with the duty to formulate and administer policies that preserve and protect the interest of persons and property on the ground as well as the duty to act, or refrain from acting, only after careful and deliberate consideration of the impact of the proposed action on them and the environment. Nevertheless, the Study approves $.he operation of the Frisco Airport. In so doing, the FAA expressly omit to carry out these duties and fails adequately to consider the documented objections of this City, the Dallas Fort Worth International Airport and over 1000 citizens who will be directly impacted by the Frisco Airport. The proposed airport is to be located just two miles from the boundary of our City, in a densely populated area.. The runway ·orientation will, according to the FAA's own findings, ; result in thousands of takeoffs and landings directly over our City each month. This activity will have a profound effect on the health · ~ and well-being of the entire population of our City and the surrounding communities, through the introduction of noise, serious safety considerations and a change in patterns of population growth and development. The conclusion is inescapable that your approval of the airport in the Study constitutes a major federal action that will significantly impacts our environment. As such, your · : failure to conduct an environmental impact study is a clear 'violation of National Environmental Policy Act, your own regulations and applicable regulations of the Council of Environmental Quality. Your determination (and the procedures followed by you in so reaching it) not to require an environmental assessment or a finding of no significant impact is likewise in violation of the Act, your own regulations and the regulations of the CEQ promulgated under the Act. Under these circumstances your approval of operations at. the Airport is unlawful, invalid and void. Accordingly, we · herewith demand that you reconsider and rescind the study and ~. proceed immediately with an environmental impact study.' Failure to do so may result in such legal actions by the City as it deems appropriate to insure for itself and its citizens the protection guaranteed to it by Congress in passing the Act. Very truly yours, cc: FAA Washington Secretary of Transportation :...~ .. Developer Governor ..,~,"i.!".: Senator '...~.i:',:~'..~.......::.. Congressmen 0002U/6-10 ~. ~'.~ CITY OF THE COLONY, TEXAS ':.: ATTACHMENT "C" :..., ~..: RESOLUTION NO. ~iI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS MAKING FINDINGS REGARDING THE CUR- :::: RENT STATUS OF THE CITY'S CONTRACT WITH TELAMON :! CONSTRUCTION SERVICES, INC. FOR CONSTRUCTION OF THE :.": COLONY AQUATIC PARK; AUTHORIZING AND DIRECTING THE ,'!~ CITY MANAGER TO ISSUE A LETTER REGARDING THE CUR- RENT STATUS; PROVIDING AN EFFECTIVE DATE. ii~i WHEREAS, the City of The Colony, Texas (the "city") has heretofore ~i , entered into a contract (the "Contract") with Telamon Construction Services, ~': Inc. ("Telamon") on December 16, 1985 for the construction of The Colony :4! Aquatic Park; and :~:~ - WHEREAS, after the letting of the Contract, a number of change orders ?! have been submitted and approved by the City Council; and :'.', , WHEREAS, the. Contract and related documents require Telamon to secure and provide for the benefit of the City and Telamon's subcontractors a i.iii:} performance bond and a payment bond, neither of which have been submitted or '~? provided by Telamon; and + WHEREAS, having failed to provide such performance and payment bonds '::;~ 'as required by the Contract, the principals of Telamon submitted to the CiTy a ,~ ~: :. personal' Guaranty Agreement relative to .the Contract, which Guaranty '::~': ... ': Agreement the City has relied and is relying upon for the performance of all ?':'~ terms, agreements and obligations of the Contract, including the payment by .,", ,,..,, , Telamon of all subcontractors; and 'i:.i WHEREAS, the specified completion date called for and required in the :i{ ' Contract 'was May 27, 1986; and ' .;, WHEREAS, the City's architect concluded that construction on The :.. Colony Aquatic Park had been substantially completed on May 31, 1986, after ~.'.{~i which date the City took possession of the same; and -::i:~ WHEREAS, the Contract provides for liquidated damages in the amount of .... $750.00 per day for each day past the specified completion date that The Colony .}:', Aquaticl Park has not been substantially completed, there being .therefore '~ $3,000.00 in liquidated damages under the Contract; and WHEREAS, the City has made an ongoing effort to work with Telamon to complete all of the terms, agreements and obligations set forth in the Contract, but has been unable to obtain final completion of the same; and ":".,. WHEREAS, the City has received numerous claims from subcontractors in relation to the construction of the Aquatic Park, as follows: :i"!~i Subcontractor Amount 'of .Claim .~,~! Allied Fence 'Co. $4,800.00 :::.: Glenn A. O'Banion 2,733.00 :!':: Colony Hardware 1,163.19 · ;~ Homebuilders Ready Mix ~3,913.00 ,:".~ Intercity Electric, Inc. 12,113.71 :~!?! Strawn Rentals 14,080.61 · :..~ Power Concepts 11,261.24 . ::~ Lattimore Materials 1,729.00 ,,'~ Overhead Door Co. 6,390.00 :{~. R.J. DeWees & Son, Inc. 5,078.00 ;~;:'i Tarrant Building Specialties 5,015.44 "?i! U.S. Southland Supply Co. 4,233.80 ~:~ Pioneer Metal Specialties, Inc. 4,453.00 · ;. Wayne Kelly & Associates 64,868.00 ..,':'., Total Subcontractors' Claims ' $141,831.99 · .,, .:, WHEREAS, there remain a substantial number of items not yet completed ::i'. ; by Telamon as required by the Contract, and items that have been completed but ~:i~ ". ..... have become nonfunctional or unsatisfactory and which are items which are !.':i! under warranty, as follows: .: A. Items to be completed as required by the Contract and cost of completion: 1. Side mount one meter diving board - $7,000.00; 2. Depth markers - markers in the wrong location (one-half foot short); no horizontal depth markers in the tile coping; no shallow end sign in the tile indicating "no diving" - $3,000.00; 3. Vanity in restrooms have pulled away from the wall 'and have no floor support - $300.00; 4. Eyebolt for chains between bollards not installed pursuant to Contract specifications - $1,000.00; 5. Deck - not properly constructed; pools of water on deck surface - $20,000.00. B. Items which have become nonfunctional or unsatisfactory and which are under warranty: 1. Gas chlorinator pump: (a) No vacuum line gauge to measure in inches and/or pressure gauge to measure in pounds the outgoing discharge; (b) Pump does not work automatically; (c) No closure valve to isolate vacuum; (d) Shaft on pump is not true; (e) Filter and pump fill up with milky paste which halts venturi action; 2. Natatorium Pump: (a) Constant PVC pipe leak; (b) No auto~natic water level controller; (c) Flow meter does not work; (d) No pressure gauge on automatic backwash line. 3. Lagoon Pump: (a) Pump is not level on floor and not bolted down; (b) Large fracture has appeared at pipe junction; (c) Large PVC pipe not supported; (d) No automatic water level controller; (e) No closure valve to isolate pump; (f) Leaks in incoming water valve and in the backwash filter. 4. Wading Pool: (a) Self-priming pump installed but not operational; (b) Backwash site glass needs to be replaced. 5. General: (a) Natatorium ste[~ into pool are broken or cracked due to faulty installation; (b) Miracote covering in restrooms not applied properly and concrete is showing through; 'i ~ (c) Poor quality of miracoting on deck at the south end of the " natatorium deck and deck saw cuts should be caulked; (d) Diving board anchor bolts do not match the holes drilled in th~ deck; (e) Sleeve for the handicapped lift is not eorreet (not deep enough); 6. Undue rusting has occurred in the following: (a) Diving block bolts; (b) Restroom doors; (C) Metal fence around pool area; (d) No key for the sanitary napkin box in women's restroom; (e) Overhead doors need adjustment and additional weather, stripping; WHEREAS, the City Council desires that all terms, ~agreements and .~ conditions of the Contract be completed and all nonfunetioning items under warranty be repaired on or before November 1, 1986; and WHEREAS, upon the failure to so complete the above described items and .. honor the warranties on or before November 1, 1986, including the payment of '~ all subcontractors, the City shall consider Telamon to be in breach of the Contract, the Contract terminated and shall withhold any and all'amounts .necessary to fully eomplete the Aquatic Park. ; NOW, THEREFORE, BE IT RESOLVED BY THE CIT~r COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City Manager is hereby directed to submit a letter to Telamon Construction Services, Inc. and all other parties with an interest in " the Contract, as determined by the City Manager, outlining the nature and the · terms of this resolution. · ' ': .... Section 3. That this resolution shall take effect immediately from and after its date of passage. PASSED AND..A, PPROVED by the City Couneil of the City of The Colony, Texas on this the (O~t,day of '(~)~'I~'{~I:'R,' · ', 1986. -. .<. Ma~6~, City- of THe'Colohy,' Texas "City Sec[etary, City of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas 00249, . ATTACHMENT "D" 5576 N. Colony * The Colony, Texas 75056 · Phone [214] 370.1756 October 6, 1986 Metro 248.4341 Mr. W.G. Faris Mr. E.T. Hays Telamon Construction Services, Inc. 189 Elm Street, Suite 8 Lewisville, Texas 75067 Re: The Colony Aquatic Park Dear Messrs. Faris and Hays: On October 6, 1986, the City Council of the City of The Colony, Texas (the "City") adopted a Resolution relating to construction of The Colony Aquatic Park, a copy of which is enclosed. As outlined in the Resolution, the City council desires that all items not yet completed as called for in the Contract between Telamon Construction Services, Inc. and the City for construction of the Aquati~ Park be completed on or before November 1, 1986. In addition, the Resolution' enumerates certain warranty items which have been completed but are now nonfunctional or not · performing to the City's satisfaction and requires that the warranties on these items be honored on or before November 1, 1986. , Upon the failure of Telamon to complete the obligations, agreements and terms of the Contract within the prescribed time period, the City will consider the Contract to be breached and terminated, and will thereafter withhold any and all amounts necessary to finish construction of the Aquatic Park. In addition to those items outlined in the Resolution, please note that the City has incurred the following expenses which shall be deducted from the net Contract price: 1. Although required by the Contract, Telamon failed to provide the City a performance and payment bond, which was included in the original Contract price at a cost of $11,500.00. This amount has previously been paid to Telamon in one of the first draws, and will be deducted from the net Contract price; 2. On "press day," the City incurred expenses of $749.00 for materials and $1,488.00 in labor, in landscaping the area in and around the Aquatic Park; and 3. The City has incurred expense of $993.41 in start-up chemical costs. The City will agree to issue separate checks jointly to individual subcontractors if the subcontractors can agree on the amount owed to each. If no agreement can be reached, the City will issue a check to Telamon, upon final completion of the Contract as outlined in the Resolution, and notify those subcontractors who have contacted the City of the same. We antieipate the necessary work being completed in a timely manner as outlined herein and a speedy resolution of this matter. We thank you for your help and cooperation. Sincerely, Janiee Carroll City Manager City of The Colony, Texas JC:ee Enclosures ce: Mr. Marty Barenblatt Rawls Welty Partners, Inc. Attention: Mr. Ed Rawls Allied Fence Co. Glenn A. O'Banion.~- Colony Hardware Homebuilders Ready Mix Intercity Electric, Inc. Strawn Rentals Power Concepts Lattimore Materials Overhead Door Co. R.J. DeWees & Son, Inc. Tarrant Building Specialties U.S. Southland Supply Co. ' Pioneer Metal Specialties, Inc. Wayne Kelly & Associates