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HomeMy WebLinkAbout04/20/1987 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 20, 1987 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 20th day of April, 1987, at City Hall with the following Council roll call Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole, Councilman Absent,due to illness and with four members present, a quorum was established, and the following items were addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E, REGARDING LITIGATION, TO-WIT: A. CONDEMNATION PROCEEDINGS Upon reconvening in Open Session, Mayor Amick advised the audience that the Closed Door Session was held to address the progress on the condemnation proceedings in regard to ?lano Parkway, stating that they are in the property valuation stage, not the hearing stage at the present time, and that the road could conceivably by complete in 8 - 10 months. At this time, the Council addressed the following items: 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. 3. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY CANVASSING AND DETERMINING THE RESULTS OF A RUNOFF ELECTION HELD ON THE 18TH DAY OF APRIL, 1987. Mayor Amick read the Ordinance as written in its entirety (see attachment "A"), part of which is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN SAID CITY ON THE 18TH DAY OF APRIL, 1987, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FOR SAID CITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the election returns duly and legally made showed that there were cast at said election 381 valid and legal votes, and that each of the candidates in said election received the following votes: FOR COUNCILMAN PLACE 2 Thomas J. Arrambide 131 Johnny Spears 250 Councilman Harris moved to approve the Ordinance as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 4. SWEARING IN OF COUNCILMAN PLACE 2 At this time, Mayor Amick asked Mr. Johnny Spears to come forward to be sworn in as Councilman Place 2. After the Oath of Office was administered Councilman Spears took his place at the Council table for the remainder of the meeting. 5. CITIZEN INPUT Mayor Amick read the following Proclamation as requested by The Colony Jaycees: WHEREAS, the Texas Department of Highways and Public Transportation, combining the "Adopt-a-Highway" and "Don't Mess with Texas" programs, is encouraging citizens to clean-up the Texas Highways through the volunteer efforts of civic organizations; and WHEREAS, the City of The Colony, through the "Fox-it- Up" program is urging citizens to clean-up the City; and WHEREAS, The Colony Jaycees, the oldest civic organization in The Colony, promoting a cleaner image of The Colony and to show support for the city-wide spring clean-up, is joining with other organizations in cleaning up approximately 2000 miles of Texas highways on April 25. NOW, THEREFORE, in view of the above facts and observations, I, Don Amick, Mayor of The City of The Colony, Texas, do hereby proclaim April 25, 1987, as "GREAT TEXAS TRASH OFF DAY" and urge all citizens to give full support to The Colony Jaycees in their highway clean-up efforts. IN OFFICIAL RECOGNITION WHEREOF, I hereby affix my signature this 20th day of April, 1987. (s)Don Amick Beverly Smith, representing the Jaycees accepted the Proclamation and stated the organization is proud to be a part of this event and welcomed anyone who wishes to help. At this time, Mayor Amick and City Manager Bill Hall reminded the public of the City Clean up to be held on Saturday the 25th. Mayor Amick then read the following Proclamation as requested by the Lewisville Board of Realtors: WHEREAS, the Lewisville Board of Realtors, Inc. will be participating in the American Home Week; and WHEREAS, by this participation, the Board will also sponsor community-oriented programs and activities designed to call attention to the freedom to own private property; and WHEREAS, a free home buyers seminar will be conducted on April 27, focusing upon rights of home buyers and improvement to private property; NOW,THEREFORE, I, Don Amick, Mayor of the City of The Colony, on behalf of the entire Council, do hereby proclaim the week of april 26 - May 2, 1987, as: AMERICAN HOME WEEK IN THE COLONY and urge all local citizens to join with the Realtors, members of the Lewisville Board of Realtors, and others in marking this celebration to call attention to the fact that the value of private property should be considered not only in a monetary sense, but in the sense of inherent worth of property as it pertains to the enjoyment of life. PROCLAIMED this 20th day of April, 1987. (s)Don Amick, Mayor John Grimshaw was present to accept the Proclamation and stated that the reason this was done through the Lewisville Board of Realtors is due to that Board covers all of Lewisville Independent School District. Larry Miller representing the Lions Club presented the City with a certificate of appreciation for the repair and construction done on the drainage ditch at Lions Club Park. Tom Dawsey presented an example of a "handicapped" symbol that will be given to all the schools with instructions to the students to design their own symbol, hoping to come up with a standard sign to be used throughout the City to designate handicapped parking. Mayor Amick said that it would be taken into consideration. 6. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda and Councilman Harris asked that items B and C be pulled for discussion. A. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE CITY COUNCIL MEETINGS HELD ON APRIL 8 AND 13, 1987 Councilman Harris moved to approve the minutes as written. Councilman Glazener seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF THE EXPENDITURE OF BOND FUNDS FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR SLAY/BAKER POCKET PARK Councilman Harris said he could not determine which option in the enclosed memorandum the Council was to vote on. Mayor Amick explained that if the park was completely developed as originally recommended it would exceed the $10,000.00 allotted to each pocket park and that the City Manager's recommendation was to lower the expense to keep within the budget and if after the other parks are complete, there is money left then this park could be completed. Mayor Amick went on to say the 1/2 court basketball is being cut to save this money. Councilman Harris asked if the work done at Carr/Chapman park was in-house. Janice Carroll, Asst. City Manager said it was and was at a cost of approximately $1000.00. Mayor Amick asked if the proposed playground equipment for Slay/Baker was comparable in price to that at Carr/Chapman and Ms. Brantley, Park and Recreation Director stated it is more money, going on to say it is metal instead of wood and is similar to the equipment at Perryman Park. Ms. Brantley said wood was used at Carr/Chapman because of the close proximity to the houses in the area. Ms. Brantley showed pictures of the proposed equipment. Councilman Bradley asked if there was enough money overall left from the $10,000.00 per park allotment to finish this park. James England, Financial Director stated the figures show approximately $3300.00 under overall. Mayor Amick suggested going with the recommendation and then later adding the 1/2 court. Councilman Harris stated that since Slay/Baker was not developed at all and there is money there why not do it now. Ms. Carroll stated that there will be more costs coming in. The Mayor then outlined the progress in each park to see where each one stands. Bill Hall, City Manager, asked to hold until we know the cost of the parking lot at Lions Club Park. Councilman Harris said he would rather see two 1/2 courts than a parking lot. Mayor Amick then noted that the adopt a park program meant that an organization could put their name on the park if they placed the equipment in the park and then stated Keys/Newton Park was slow in developing due to a lack of funds in the organization. The Mayor directed Ms. Brantley to take this to Park and Recreation for ideas for developing that park also. Councilman Harris moved to approve an additional expenditure of $1544.00 over the allotted $10,000.00 to cover the cost of completing the 1/2 court basketball at Slay/Baker Park. Councilman Bradley seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF THE APPROVAL OF THE RULES AND REGULATIONS FOR THE NEW RECREATION CENTER Councilman Harris stated that it had been made clear there was to be no smoking in the Recreation Center period and item #9 states"Smoking, interpreted by the Parks & Recreation Board to include use of all tobacco, is prohibited in the multi-use activity room, and handball/racquet-ball courts and meeting room." Mayor Amick asked if the intent was to allow smoking in the work area. There followed a brief discussion and all Council agreed to re-write this item to read "Absolutely no smoking in the building except in private offices." Mayor Amick asked smoking policies for the pool had been established yet and Ms. Carroll stated that the recommendation will be for no smoking at all. Councilman Harris then questioned item #22, asking if it is typical of other gyms to use 15 as the age limit. Ms. Brantley stated that most gyms use that age. Councilman Harris asked how this would be supervised and Ms. Brantley stated there will not be someone there to supervise at all times. Mayor Amick directed Ms. Brantley to post a disclaimer in the weight room to that effect. At this time, Councilman Harris asked what the word "leadership" means in item #33. Ms. Brantley said the intent was to indicate the person in charge. The Council agreed to change to wording to "Director and/or his/her designee." Councilman Spears asked what kind of floor is in the racquet-ball and basketball courts. Mr. Hall stated it is a composition covering over concrete. Mr. Spears asked if the type of shoes should be restricted. Ms. Brantley said that is covered in item #17. Councilman Harris moved to approve the rules and regulations as amended and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE PROHIBITING THE C'ONSTRUCTION, RECONSTRUCTION OR TIEING IN TO ANY STREET, PUBLIC OR PRIVATE IN THE CITY OF THE COLONY THAT IS NOT IN CONFORMANCE WITH THE CITY'S MASTER STREET AND THOROUGHFARE PLAN Councilman Harris moved to approve the ordinance as written, and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF DENTON COUNTY LAW ENFORCEMENT INTERLOCAL ASSISTANCE AGREEMENT Councilman Harris moved to approve the execution of the agreement and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A CLOSED CIRCUIT TELEVISION SYSTEM FOR THE NEW MUNICIPAL BUILDING City Manager Hall stated that there had been $5000.00 budgeted for this item and that two bids had come in, the lowest of which was $7500.00. Mr. Hall said that Chief Ristagno had checked with a manufacturer and felt that this could be done by staff and kept under $5000.00, stating that the staff recommendation is to reject all bids. Councilman Harris asked if there would be a problem with warranty if done in-house. Chief Ristagno stated there would be a standard two year warranty. Councilman Harris asked how many cameras would be installed. Chief Ristagno said 10 cameras were needed and if we go through with the bidding process, we could only purchase 4, but if the work is done in-house, we can purchase all ten. Councilman Harris asked how many monitors. Chief Ristagno stated there would be two, one a quad-image and the other would flip the cameras. Councilman Harris asked about emergency lighting at the new building and if this would run on an emergency generator. Mr. Hall said that we do not have emergency lighting just the emergency generator. Chief Ristagno stated that this system will run on the generator. Councilman Harris moved to reject all bids and to direct the City Manager to pursue purchasing the equipment and having the work done in-house. Councilman Spears seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A CLOSED CIRCUIT TELEVISION SYSTEM FOR THE NEW MUNICIPAL BUILDING Mayor Amick stated that there is no reason to address this item. 9. CONSIDERATION OF THE ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF FURNITURE FOR THE MUNICIPAL COMPLEX Mr. Hall referenced the last Council meeting noting that at that time the bids had come in had $186,000.00 and had been tabled until this meeting. Mr. Hall stated that staff had reviewed the costs and had made some substantial cuts. Mayor asked for an example of the cuts. Mr. Hall said the conference room table and chairs had been cut at a cost of $6867.00. After a brief discussion, Councilman Harris moved to accept the bids and award the bids to Business Interior and Office Furniture of Dallas for a total cost of $126,000.00 and directed staff to make necessary cuts to reach that figure. Councilman Bradley seconded the motion. Mr. Hall thanked Cynthia Branch and Glen Taylor for their help in cutting costs to stay within the budget. The motion then carried with a unanimous roll call vote. 10. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF FURNITURE FOR THE MUNICIPAL COMPLEX 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 BUSINESS INTERIORS AND OFFICE FURNITURE OF DALLAS IN THE AMOUNT OF $126,000.00 FOR THE PURCHASE OF FURNITURE FOR THE MUNICIPAL COMPLEX; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Harris moved to approve the Ordinance and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 13. CONSIDERATION OF THE COLONY AQUATIC PARK 1987 SUMMER PROGRAM Pool Director, Elise Knox covered the proposed schedule and programs for the upcoming summer season. Ms. Knox said the pool would be open on Saturdays beginning May 2, 1987 from 1:00 p.m. to 6:00 p.m. until the season begins on May 30, 1987. She stated the season passes would be good from May 30 through Labor Day. Councilman Spears asked if there would be a "Splash Day". Ms. Knox said it would be opening day, May 30. Councilman Spears asked if it would be a free day or would admission be charged. There was a discussion regarding charging or not and when would be the best time to do so. Mr. Dick Weaver asked how the pool is doing financially, and Mr. England stated that at the present time, the pool is in the hole approximately $10,000.00 but that this is the slow season and when the pool opens the figures will change. Councilman Bradley moved to hold a Free Splash Day on May 23 from 1:00 p.m. to 6:00 p.m. and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 12. RECEIVE REPORT FROM ASSISTANT CITY MANAGER REGARDING GROUP INSURANCE Janice Carroll went over a memorandum in the packet from Dana Olivarez, explaining that the current Blue/Cross Blue/Shield coverage expires May 1, 1987 and that the Utility Department employees need to be added to the City policy. Ms. Carroll explained that the Blue Cross/ Blue Shield proposal outlined in the memorandum lowers the premium a few cents and adds the benefit of a prescription card, going on to say that this proposal is for the next four months and at that time we will need to prepare to go out for bids on coverage. Ms. Olivarez explained that some Utility Department employees will have to pay more for their family coverage than they had been. All Council agreed with the proposal. 11. CONSIDERATION OF CHANGE ORDERS TO THE MUNICIPAL COMPLEX CONSTRUCTION CONTRACT Mr. Hall stated that staff had reviewed the change orders along with FRS and Marcon, noting that Jim Gilliland with FRS and Jim Mirkes with Marcon were present at the meeting to answer any questions Council might have. Mr. Hall said that of the thirteen items outlined in the Change Order staff had no problem with items one through eleven (1 - 11), but that items twelve and thirteen (12 & 13) were not recommended for payment at this time. Mr. Hall read those two items as presented: 12. Marcon Construction has requested 44 additional days and $13,105.84 because gas was not supplied to the site until 1-26-87. 1.3. Marcon Construction has requested $7,655.10 for the use of generators because permanent power was not on site until 1-14-87. Jim Mirkes then presented the company's reasons for ~elieving these are valid claims, citing a long project shut down due to no gas, and Sections 3.2.4 and 6.2.3 of the AIA General Conditions of the Standard Contract. Mr. Mirkes said the company feels justified in asking for the additional days and the money. Mayor Amick suggested going with the City Manager's recommendation and taking Mr. Mirkes requests under consideration to be addressed at the May 4, 1987 Council meeting. Mr. Mirkes agreed to that plan of action. Councilman Harris asked that Council be supplied with a copy of the AIA Standard Contract. Councilman Bradley asked when the 440 days allowed in the contract would be up and Mr. Hall stated about 4 more months. Councilman Bradley moved to approve the City Manager's recommendation to pay the $4601.00 in change orders and to take the other two requests under consideration. Councilman Glazener seconded the motion which carried with a unanimous roll call vote. At this time, the Mayor called the Council back into Closed Door for further discussion regarding the Condemnation Proceedings. 14. CONSIDERATION OF ANY APPROPRIATE ACTION RESULTING FROM CLOSED DOOR SESSION IN REGARD TO LITIGATION. After reconvening in open session, Mayor Amick stated there was no action to be taken at this time, and Councilman Harris moved to adjourn the meeting and Councilman Glazener seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:20 p.m. Don~mick, M~%r - w ATTEST: (~;~~c;~ ity Secretar~ (ATTACHMENT CITY OF THE COLONY, TEXAS AN ORDINANCE OF TIIE CITY COUNCIL OF TIlE CiTY OF TIlE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN' ELECTION IIELD IN SAID CITY ON THE 18TH DAY OF APRIL, 1987, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FOR SAID CITY. 'DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council caused to be published in accordance with the laws of the State of Texas notice of the election held April 18, 1987, to elect a Councilmember for said City; and WHEREAS, notice of election was actually given as required by law; and WHEREAS, said election was duly and legally held on April 18, 1987, in conformity with the election laws of tile State of Texas, and the results of said election have been certified and returned by the property judges and clerks thereo[; .and WHEREAS, the election returns duly a}]d legally made showed that there were cast at said election 381 valid and legal votes, and that each of the candidates in said election received the following votes: · FOR COUNCILMAN P~ACE 2 Thomas J. Arrambide 131 Johnny Spears 250 WHEREAS, pursuant to Section 7.04 of Chapter VII of tile Home Rule Charter of the City, in order to be declared elected, a candidate must receive a majority of.'the legal votes cast for the office or place for which such person is a candidate. NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF TIlE COLONY, TEXAS: Section 1. That each and every one of the recitals, findings and determinations contained in the preamble to this Ordinance are hereby repealed and incorporated herein as due, proper and formal findings and determinations of the City Council. Section 2. That it is further found and determined that the results of the election as canvassed and tabulated in the preamble reflect the expressed desires of the resident, qualified electors. Section 3. That the duly elected member of tile City Council of the City of The Colony, Texas, elected April 18, 1987, for Councilmember Place 2, subject to the taking of tile oaths as provided by the laws of the State of Texas, are as follows: Councilmember Place 2 Johnny Spears Section 4. That the public importance of this measure and the fact that it is in the best interest of the City to declare the duly elected officers of the City at the earliest possible date for the immediate preservation of the public peace, property, health and safety of the City and its citizens creates an emergency and an imperative public necessity which requires that this Ordinance shall take effect and be in force from and after its final passage and approval, and it is accordingly so ordained. ~O?~ PASSED AND APPROVED this day of April, 1987. Don ~mick,' Mayor ATTEST: !it~c'i A. Hic~.~.~City Secretary City Attorney