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HomeMy WebLinkAbout01/05/1987 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 5, 1987 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order on the 5th day of January, 1987 at 7:15 p.m. at City Hall with the following roll call of Councilman: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Tom Arrambide, COuncilman Present David W. Dye, III, Councilman, Absent, personal business Steve Glazener, Councilman,Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Absent, Due to illness and with five present a quorum was established and the following items of business were addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2g, REGARDING PERSONNEL, TO WIT: A. INTERVIEW FOR LIBRARY BOARD ALTERNATE After reconvening in open session the following items were addressed: 2. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and Council in the Pledge of Allegiance to the flag of the United States of America. 3. CITIZEN INPUT There was no Citizen Input at this meeting. 4. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda for the audience and called for a motion. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF DECEMBER 11 AND 15, COUNCIL MEETINGS. Councilman Arrambide moved to approve the minutes as written and Council- man Bradley seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF THE APPOINTMENT OF AN ALTERNATE TO THE LIBRARY BOARD Councilman Arrambide moved to appoint Dorothy Lindquist to serve as an alternate on the Library Board. CouDcilman Bradley seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF THE NOMINATION OF GEORGE LINDQUIST TO SERVE ANOTHER TERM ON THE APPRAISAL REVIEW BOARD Councilman Arrambide moved to nominate George Lindquist to serve another term on the Appraisal Review Board and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19, OF THE CODE OF ORDINANCES RELATING TO TRAFFIC, BY AMENDING THE MAXIMUM SPEED LIMIT ALONG NORTH COLONY BOULEVARD AND SOUTH COLONY BOULEVARD TO 35 MPH Councilman Arrambide moved to approve the Ordinance as written and Council- man Bradley seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDI- NANCES AS REQUESTED BY RAWLS-WELTY TO CHANGE THE ZONING OF APPROXIMATELY 205 ACRES LOCATED WEST OF FM 423 ON STEWART CREEK PENINSULA, CURRENTLY ZONED AGRICULTURAL TO A PLANNED DEVELOPMENT CLASSIFICATION Mayor Amick stated that this was-broughtlbefore Council in a Public Hearing and at that time, Councilman Harris had requested that neighborhood parks be included in the plan. Mayor Amick went on to say that those parks have been added and Councilman Harris stated that he was happy with the changes. Ed Rawls pointed out the locale of the two parks on map. Councilman Harris asked about deeding the property atloted for a school to the City instead of the school district such as F&J is doing at Northpointe, going on to say that the land will be used for a school unless future development deems it uneccessary. Mr. Rawls said the ownership of the land doesnt matter but the land is to be used for a school. Mr. Bob Fuimara, Chairman of P & Z stated that this case is different from North- pointe, since the school district is buying the land from the owner on this de- velopment and that F & J is giving the land to the school~district therefore the land cannot be deeded to the City in this instance. Mr. Fuimara also pointed out a typographical error on!the Ordinance in Exhibit F, stating' that the minimum sideyard setback shoul~ be seven feet and that parking should be added to Exhibit F as it is on Exhibit E. Mayor Amick directed the City Secretary to make those corrections before the Ordinance is signed and filed. Mayor Amick read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING ORDINANCE NO. 61, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, GRANTING A CHANGE IN ZONING ON A TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY, TEXAS, AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM SF, SINGLE-FAMILY DWELLING DISTRICT TO PD, PLANNED DEVELOPMENT DISTRICT WITH ALLOWABLE USES OF SF, SINGLE- FAMILY DWELLING, SCHOOL AND TH, TOWNHOUSE DWELLING, IN ACCORDANCE WITH THE EXHIBITS ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE AND WITH A COMPREHENSIVE SITE PLAN; PROVIDING THAT THE DEVELOPMENT CONDITIONS SHALL BE CONDITIONS PRECEDENT TO THE GRANTING OF A CERTIFICATE OF OCCUPANCY; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PARTS OF THE COM- PREHINSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING ~-~ FOR A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1000.00) FOR EACH OFFENSE 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 Harris moved to approve the Ordinance as written with the corrections as stated above and Councilman Arrambide seconded the motion which carried with a uanimous roll call vote. 6. RECEIVE AND ACCEPT THE 1985/86 AUDIT FOR THE CITY OF THE COLONY AS PREPARED BY DELOITTE HASKINS AND SELLS Bill Hall, City Manager said that there were three documents in the Council packets, the City Audit and the M.U.D. Audit for the year ending September 30, 1986 and the Audi~ letter prepared by the auditors in which was stated some minor concerns that should be addressed. Mr. Hall said that Ken Staples and Cheryl Heartfield of DHS and James England, Finance Director were present to answer questions~of the Council. Mayor Amick asked Mr. England and Mr. Hall several questions regarding the management report. The Mayor asked if there is a plan to make Corrections where they can be made. Mr. England said there is. Mayor Amick said that on page 5 of the letter construction projects were mentioned and that he would like to see a copy of the progress on payment of construction given to Council from now on. The Mayor also said that in regard to gate fees and concession stand revenues at the pool (page 6) an outline as to how the suggestions were being implemented should ~ be submitted to Council. Mr. England said that he is going to look into that area in depth and come back with a report and a recommendation to Council before the heav~ summer usage begins. Mayor Amick said that on page 8 Ad Valorem taxes are addressed with a recommendation for improved procedures. The Mayor said he wants a plan to improve collections presented to Council and asked if hiring part time personnel in peak times is feasible. Mr. England said that is is feasible and has been done in the past. Councilman Harris asked if there Was anything from last year that was not corrected. Mr. Stapedes said he didn't really remember but that if there had been something important enough it would have been brought up. There were no more questions. Councilman Harris moved to accept the City Audit for 1985/86 as prepared by Deloitte Haskins and Sells. Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 7. RECEIVE AND ACCEPT THE 1985/86 AUDIT FOR THE COLONY MUNICIPAL UTILITY DISTRICT AS PREPARED BY DELOITTE HASKINS AND SELLS There was no discussion regarding this item. Councilman Harris moved to accept the Colony Municipal Utility District Audit for 1985/86 as prepared by Deloitte Haskins and Sells and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 9. RECEIVE REPORT FROM COUNCIL COMMITTEE ON THE FINDINGS REGARDING THE NORTHPOINTE DEVELOPMENT Councilman Harris pointed out the changes the committee had come up with on the map to Council, Mr. Fuimara and the Smiths (residents in the area). There followed a lengthy discussion regarding the plan. The Smiths and Mr. Fuimara did not agree with the plan in that it opens up the alley behind the Smith residence. Mayor Amick said he would like to see a drawing of this plan done by the F & J engineer and just how it would work. There was no agreement regarding the opening of that alley and the Mayor said that the Smiths should receive a copy of the engineer's drawing when it was received. 8. RECEIVE DEPARTMENTAL REPORT FROM THE PARK AND RECREATION DEPARTMENT Sylvia Brantly gave a report regarding the Park and Recreation Department, pointing out the function of the department such as liesure, sports and learn- ing activities. She also stated that the purpose of the department is to enhance the quality of life in the City. Ms. Brantley presented an organizational chart showing current employees and a proposed chart including hours and coverage for the new building. Mayor Amick asked if the Park and Rec Board questioned the proposed schedule and Ms. Brantley said there had been much discussion by the, board regarding the schedule. Councilman Harris asked why the plan was to close at 6p.m. on Saturdays. Ms. Brantley said this would be on a trial and error basis at first and then change according to the needs. Councilman Harris asked that a survey of other cities be done regarding their schedules. Mayor Amick said that perhaps we should look into planning activities on Saturday night for the youth. Ms. Brantley then covered how the plans are made regarding all the classes and activities, covering sports activities. Mayor Amick asked if fertilizing had been done on a regular basis during the winter months and if not are there plans to do so, requesting a report back to Council. Mayor Amick asked Mr. Tommy Turner, Public Works Director to check with the agricultural department of Denton County regarding aerating the soil. Ms. Brantley went on to discuss P & R sponsored sports. Ms. Brantley said that the number of participants in Aerobics alone is averaging 3800, stating that through help of talented citizens the department is able to provide all the activites mentioned. Ms. Brantley went over the budget for the past five years noting that there had been no major increase. She then covered the development of parks in the City along with athletic fields and indicated what equipment, etc. was located at each location. Ms. Brantley concluded with the goals for her department. Mayor Amick asked if she had checked into metering the lights at the Tennis Courts at Bridges Park and she said the estimate is from $450.00 to $1000.00. le. CONSIDERATION OF THE ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF LIBRARY SHELVING FOR THE NEW LIBRARY FACILITY Mr. Bill Hall, City Manager, stated that the bids had been opened on January 2, 1987 and referenced a sheet prepared by Branch-Taylor outling the bids and breaking them down into specifics. Mr. Hall stated that the bids had been re- viewed by himself, Joan Sveinsson, Janice Carroll and Cynthia Branch. Ms. Branch was present to answer questions. Mr. Hall said he had asked Ms. Branch for an estimation of the cost of the shelving. Ms. Branch stated that the estimate had been around $27,000.00 and that the shelving bids had come in from $17,000.00 to $30,000.00, stating that she felt the bids were reasonable and that the company's recommendation is to go with the low bid from G. Madison and Company. Ms. Branch said that Mr. Madison was the only one who truly conformed totally with the bid format and that a good reference from the Denton Library had been received regarding his company. Mayor Amick asked Joan Sveinsson why we needed to buy shelving instead of using what we presently have. Ms. Sveinsson stated that current shelving is not near adequate for the building space or books which will be put out. Councilman Harris moved to accept the bids and award the contract to G. Madison Company for the purchase of Aetnastack metal shelves with metal end panels and repainting and moving existing shelves in the amount of $19,728.52. Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. 12. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF LIBRARY SHELVING FOR THE NEW LIBRARY FACILITY. Mayor Amick read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH G. MADISON COMPANY IN THE AMOUNT OF $19,728.52 FOR THE PURCHASE OF LIBRARY SHELVING; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Harris moved to approve the ordinance as written and Councilman Arrambide seconded the motion which carried with a unanimous roll Call vote. 10. DISCUSSION REGARDING THE 1986/87 BUDGET ADJUSTMENTS Mayor Amick stated that there is in. the Council packets a memo from Bill Hall in which he proposes methods and procedures to overcome what may be a budget deficit throught I.B.M.'s refusal to pay taxes of approximately $92,000.00. The Mayor said the city has agreed to back off on that amount in hopes to keep I.B.M. from claiming an agriculture exemption and not pay any taxes. The Mayor recommended that future budgets be prepared without including I.B.M. taxes as revenue for the operating budget but as capital expenditures only since this money is not guaranteed. Mayor Amick went on to say that Bill Hall had done a very good job in finding the necessary money but that he does have a problem in that there were two budgets set; the City and M.U.D. and that the shortfall is due to the M.U.D. budget and feels the make up money should come primarily from the M.U.D. budget. The Mayor said he wants to cover step by step what ~_~ should be pulled from the budget. Councilman Harris said he agrees and that we should look strictly at the M.U.D. budget, stating the money should come from where the problem exists. Mr. Hall then covered his memo to Council and went over each item in the Existing Budget Considerations. A. Professional Fees: Mr. Hall explained that this line item was budgeted at $58,000.00 and could be reduced to $35,000.00 by using $15,000.00 which was included in the M.U.D. budget for professional fees, for a savings of $23,000.00. Council had no problems with this item. C. FranChise Fee: Mr. Hall explained that through an oversight, $18,000.00 wasn't inlcuded As revenue in the M.U.D. budget and it should have been, thus $18,000.00 can be added to that line item in the City budget. Council had no problems with this item. D. Inspections: Transfer of $10,000.00 of Bob HUtchison's salary to the M.U.D. budget saving the City budget that much money. Mr. Hutchison will be doing water and sewer inspections therefore the transfer is warranted. There were no problems after discussion and questions answered. E. Revenue Sharing: As a carry over from Fiscal 85/86 there is $4,451.30 left from the last quarter payment of uncommitted revenue sharing funds. It is recommended this be included in Training Budget. Mayor Amick asked if this was cutting by that amount or raisi the training budget by that amouht. Mr. Hall said that the Council had indicated more training was needed and so he recommended this usage. Mayor Amick asked how this relates to the shortfall. Mr. Hall said the money for training has to come from somewhere and if not this money then it will have to come from some other account. Council had no problems after this explanation. F. Mixed Drink revenue was projected at $2000.00 for the year and with the first quarter payment being $841.00 the projection has been amended up by $1000.00 to $3000.00. No problems with this after explanation. B. Public Works: Reduce radio purchase by $1000.00. Hold new hires: 2 men for concrete crew not necessary until the crack sealing machine is received and the machine will not be purchased until after January 15, 1987. The two men for park maintenance could be held until March and the rough cut maintenance man held until March I stating that during the winter months grass is not growing, thus not as much work to be done. Mayor Amick said this makes sense but these men were first scheduled to be hired October 1, asking if this has hurt the productiveness of the department. Mr. Hall said no, that the two men for the crack sealing machine weren't necessary right now. Mayor Amick asked about the others and Mr. Hall said that since the merger, two men from the M.U.D. had been transferred to Public Works so the manpower is there but the money is not coming from the General Fund. Mayor Amick reminded everyone that the City now has to mow 423 as of January 1, 1987 and stated that we need to keep trash picked up on a regular basis, especially the medians and on the east side. Tommy Turner stated that will be done on a weekly basis. Mayor Amick wanted to know what the piles of dirt are for in the parks. Mr. Hall said they are stockpiling dirt in order to do the drainage repair in Lions Club and Cowan Park. Mr. Hall went on to say that signs were being made to inform the citizens as to what is happening at those locations. Mayor Amick said that now the shortfall is covered, but'how does that leave us next year. Mr. Hall said he is very sure that as a direct result of the consolidation, the City can maintain services, maybe improve them, by transferri~g~ from the M.U.D. to the General Fund. Councilman Harris asked if the two people for the January 15, concrete crew have been picked. Mr. Hall said there are 57 applications, but no hiring has been done. Councilman Harris said that it is too cold to pour concrete now so why not wait until March 1 to hire them also. Mayor Amick reminded him that these men are for the crack sealing machine and that he understands that machine is needed immediately so these two men should be hired right away. Mayor Amick said to place the bids on the agenda for the January 19, 1987 Council meeting and based on the estimated delivery date for the crack sealing machine, the two men should be hired accordingly. There then followed a discussion regarding Asst. City Manager Janice Carroll's report regarding the Aquatic Park. Mayor Amick said that he agrees with Carroll's recommendations and asked if we were adequately heating the indoor pool or are we overheating. Ms. Carroll said that the pool is adequately heated. Mayor Amick asked if based on the winter months is next year's budget adequate. The Mayor then said that what he wanted to see was a cost to operate and the revenues not a detailed breakdown. Councilman Harris said he wanted to see Capital Expenditure broken out. All Council agreed they wanted to see a bottom line figure. After this discussion, Mayor Amick called item number I back to the table. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2F, REGARDING LAND ACQUISITION, TO WIT: B. RIGHT OF WAY ACQUISITION FOR PLANO PARKWAY/IBM C. CONDEMNATION PROCEEDINGS FOR PLANO PARKWAY/HENRY BILLINGSLEY After reconvening in open session, and with no action to take regarding the Closed Door Session, Councilman Bradley moved to adjourn the meeting. Councilman Glazener seconded the motion. Mayor Amick adjourned the meeting at 11:05 p.m. APPROVED: DOn'Ahli~k~ M~yor ATTEST: Patti A. Hicks, City Secretary