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HomeMy WebLinkAbout04/03/1989 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 3, 1989 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 3rd day of April, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-rem Present Johnny Spears, Councilman Present Noretta Sipe, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with seven 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 2G, REGARDING PERSONNEL, TO-WIT: A. INTERVIEW FOR PLANNING AND ZONING After convening in open session, the Council addressed the following items: 2. PLEDGE OF ALLEGIANCE Mayor Amick led the council and the audience 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. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A PICK UP TRUCK FOR THE WATER DEPARTMENT Bill Hall, City Manager stated that four bids had been received, and opened on March 20, 1989 ranging in amount from $11,722.00 to $12,229.00. Mr. Hall said that staff recommends awarding the bid to Lone Star Dodge, the low bidder, in the amount of $11,722.00. Councilman Glazener moved to accept the bids and award the bid to the low bidder, Lone Star Dodge, in the amount of $11,722.00 and Councilman Weaver seconded the motion, which carried with a unanimous roll call vote. 5. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF FURNITURE FOR FIRE STATION NUMBER ONE Mr. Hall stated that four bids were received and opened this date, and that Chief Van Morrison and Captain Dave Wallace had reviewed the bids and have made a recommendation to award the bid to McKinney Office Supply, the low bidder, in the amount of $10,336.00. Councilman Marks stated that there are different grades of fabric that range greatly, with grade A being the best. Councilman Harris stated that perhaps more information is needed. Chief Morrison presented pictures of the furniture recommended and explained the bid process which was followed. Mayor Amick expressed concern over the stability and durability of the conference table which had been recommended. After a brief discussion Chief Morrison advised Council that the bid did come in approximately $2000.00 under the amount allocated and if it is necessary to upgrade the conference table then it would be possible to do so. It was also clarified that this is only a portion of the total furniture to be purchased, noting that furnishings are needed for the kitchen, dayroom and other areas of the building. A total of $21,600.00 was allocated for overall furnishings. It was noted that Chief Morrison and his staff prepared the bid specifications which saved the city a great deal of money. Councilman Spears stated that he is familiar with the Paoli brand of furniture and the type of conference table recommended, noting that it is a sturdy piece of furniture. After further discussion, Councilman Spears moved to accept the bids and award to the low bidder, McKinney Office Supply in the amount of $10,336.00, and to make inquiries regarding the conference table. Councilman Marks seconded the motion which carried with a unanimous roll call vote. 6. CONSENT AGENDA Mayor Amick summarized the items on the consent agenda for the audience and Council. A. CONSIDERATION OF APPROVAL OF MINUTES FOR THE COUNCIL MEETING HELD MARCH 20, 1989 Councilman Glazener moved to approve the minutes as written and Councilman Spears seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF APPROVAL OF A BUDGETED CASH TRANSFER FROM THE UTILITY FUND TO THE GENERAL FUND IN THE AMOUNT OF $250,000.00 Mr. Hall reminded the Council that this type of cash transfer has been standard since the consolidation of the MUD and the city. Councilman Glazener moved to approve the transfer and Councilman Spears seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR THE PURCHASE OF A PICK UP TRUCK FOR THE WATER DEPARTMENT Councilman Glazener moved to approve the ordinance as written and Councilman Spears seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR THE PURCHASE OF FURNITURE FOR FIRE STATION NUMBER ONE Councilman Glazener moved to approve the ordinance as written and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION OF APPOINTMENT TO PLANNING AND ZONING Councilman Marks moved to appoint Dewayne Snider to P & Z and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF AN AGREEMENT WITH FUNDSNET, INC. TO AUTHORIZE THE ACCEPTANCE OF CREDIT CARDS IN PAYMENT OF FINES AND BONDS Mr. Hall explained the concept of the FundsNet service, stating the agreement will allow people to use this service when bonding out on Class C. misdemeanors or to pay fines, when they do not have the cash to do so. Mr. Hall went on to say that this service will be at no cost to the city, noting the fee payable to FundsNet is assessed from the user, by the company and is so stated on a form which the user signs. There followed a brief discussion and Mr. Hall noted this will only be used in the Court and Police departments now, but could possible be expanded to other departments in the future, ie., water bills. Chief Ristagno elaborated on the advantages of this service. Councilman Marks expressed concern over the term "consequential damages", for which FundsNet is not liable and over the "automatically renewable" clause contained in the contract, asking why a 6 month initial period, then renewed on an annual basis. Chief Ristagno stated this is possibly a "trial" period. Mr. Hall agreed that the "automatically renewable" clause should be removed. After further discussion, other Councilmembers noted that it should be made clear to the person using this service, that FundsNet will assess an additional fee over and beyond the actual amount of the fine or bond. Mayor Amick directed Mr. Hall to answer those questions regarding the verbiage in the agreement dealing with consequential damages and automatic renewal and to have a resolution prepared authorizing the City Manager to enter into this contract. Councilman Marks moved to table this item until April 17, and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 9. FIRST READING OF AN ORDINANCE AMENDING APPENDIX A - ZONING RELATING TO SATELLITE AND RADIO RECEIVERS AND TRANSMITTERS Mr. Hall stated that the ordinance is relating to the relation of the location of satellite dishes in relation to structures. Mr. Ken Wood, 5000 N. Colony Blvd., asked why transmitters were a part of the ordinance, stating that T.V. antennae were only receivers. Mr. Hall explained that the ordinance is not only directed to T.V. antennae, but any transmitters/receivers, such as those for ham radio operators. Mayor Amick questioned the height restrictions and their effect on 6 foot fences, asking if persons with 6 foot fences will have to install 8 foot fences and would chain link fences have to be replaced. Mike Russell, Building Official, stated the intent of the ordinance, is to keep the apparatus out of the front and side yards and that it does address roof-top apparatus. Mr. Russell went on to say these are proposed to be regulated at 3 feet or less, with height restrictions. Councilman Harris stated that his interpretation is that the ordinance is directed largely toward aesthetics, or screening the equipment. Mayor Amick stated that he would like to see the ordinance directed toward a safety aspect also and Councilman Marks asked if there was any "grandfathering" allowed in the ordinance. Mayor Amick said normally in this type of ordinance there is no grandfathering, noting also that this ordinance is not intended to in any way rule out the FCC guidelines. After further discussion, Mayor Amick directed that this ordinance be placed on the agenda at the April 17 meeting. 10. CONSIDERATION OF APPROVAL OF A SITE PLAN AS PRESENTED BY BRAUM'S ICE CREAM STORE, INC. Mr. Micki Nowell, engineer for Braum's was present and stated that the site plan will be ready for Council by the next regular meeting date. Councilman Weaver moved to table this item until April 17 and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 11. RECEIVE REPORTS FROM COUNCIL COMMITTEES EAS - Carroll Howard, Chairman of the Committee, stated there had been a pre-conference hearing before the PUC last Friday, and that currently the proposed rate for EAS is $23.80 including a 10% charge by Bell for lost toll revenues. Mr. Howard said that now Bell has come up with a new service, EMS, that can be installed in less than the 16 month proposed time frame for EAS and at a rate or $30.10 for residential and $72.35 for businesses. The business rate for EAS is proposed to be $52.50. Mr. Howard said that Bell had asked the PUC to reconsider their Lost Toll studies in an apparent effort to delay our hearing which had been set for May 22, 1989. The judge decided that our case had been going on for much too long and there should be no more delays, and thus moved our hearing up to May 15, 1989. EMS would be installed by approximately January 1990 and EAS can now be installed by approximately September or October 1990. Mr. Howard stated he felt the EAS time frame had 00323 been moved up 'to 1990 from 1992 by Bell due to the new position taken by the PUC. Mayor Amick asked if the committee had checked into the average long distance bill being paid by businesses and residences. Mr. Howard stated that in comparison either of~ the rates proposed look good, noting that a Dallas line currently costs $175.00 a month plus a charge for each minute used. Councilman Harris, who also sits on this committee said that due to the sensitive negotiations going on with Bell at the present time, the committee is not really ready to make a recommendation, but that it looks like they will recommend going with EAS. REGIONAL WATER STUDY COMMITTEE - Councilman Dick Weaver, Chairman, stated there had been six meetings and commended Councilmen Sipe and Marks for their participation and their attendance at all the meetings, as well as Tommy Turner who had attended all the meetings giving technical information. Mr. Weaver said that notes from all the meetings had been included in a packet for the Council, noting that the committee is not ready to make recommendation to Council, but that they have found in all cases cities around us are concerned with water, waste material and sewerage. Councilman Weaver said the committee had met with the cities of Frisco and Carrollton and stated that we (The Colony) can work with them on these issues. Mayor Amick said the purpose of the committee was to determine whether The Colony should stay in or get out of the Upper Trinity Municipal Water Authority (UTMWA) and asked why the committee had discussed with Frisco and Carrollton the possibility of selling water and working with them on sewerage service, going on to ask how this relates to whether The Colony stays in or gets out of UTMWA. Councilman Weaver said that the committee did not discuss any connection that The Colony would have with them, but why they (other cities) were staying in UTMWA and as a consequence of the reasons, these issues were brought up. Mayor Amick said that at first the Council felt we should get out of the organization then we were not sure, the committee was appointed to determine the benefits of The Colony staying in or getting out and noted that the minutes from the meetings do not seem to address that question. Councilman Marks said that the cities of Denton and Lewisville are in UTMWA and are benefitting from that membership and the only reason the committee discussed this with other cities, was because the committee would like to see The Colony use our facilities, as members, perhaps selling our water and wastewater treatment services. There followed a lengthy discussion regarding our water contract with the City of Dallas, our facilities, etc. Mayor Amick asked that the committee not contact members of the Dallas City Council without full approval of our Council. Councilman Marks said the committee was just trying to get all the facts together. Mayor Amick said as a member of the council, you represent the whole city, and when you meet with other citieS or groups, they look upon you as speaking for the City, reiterating the charge of this committee was to determine if The Colony should stay in or get out of UTMWA and that selling water to Frisco and the sewerage situation with Carrollton has no bearing on that, noting that our staff has met with Carrollton's staff before regarding that issue. The Mayor went on to say that Council should not get into those discussions, unless the whole Council has decided to do so, again stating that any member of Council meeting in this type of situation represents the whole City and whether we stay in or get out has no bearing on selling water, and that committees should refrain from those discussions. Councilman Marks said that no decision or contract would be made without the committee coming to Council first. Councilman Harris asked how North Texas Association differs from UTMWA. Councilman Marks said that NTA is already established and UTMWA is still waiting for legislation to be passed, noting that Terry Millican, City engineer had recommended we go with NTA. Mr. Weaver said he did not recommend we go with NTA, but that we check into that organization. Tommy Turner said that was due to the track record of NTA and the lack of a track o, 30 record for UTMWA. Councilman Weaver said that since the committee has been conducting this study, UTMWA has been paying more attention to The Colony and feels the position of Tom Taylor, manager of the board has changed. Bill Hall said he did receive a letter from Mr. Taylor stating they are still interested in purchasing our wastewater treatment plant if it fits their needs and will work, stating they will offer $9225.00 which would be equivalent to our 88/89 dues in UTMWA plus a 10% projected cost production of approximately $10,000.00. There followed a lengthy discussion regarding membership in UTMWA, selling water and other services to other cities. The Mayor again reiterated the purpose of this committee and cautioned this and other committees against meeting with other cities. Councilman Weaver said the committee will make it's recommendation on the advantages of staying in and will not delve into this issue any further. CITY PROMOTION COMMITTEE - Steve Glazener, Chairman, stated that several meetings had been held and that proposals had been received for the printing of the city brochure and stated that the committee will have their recommendation very soon. 12. CITY MANAGER'S REPORT Mr. Hall advised the Council of the fire that destroyed the After Midnight Club, stating the building has been determined unsafe and that it will have to be demolished. Mayor Amick asked if the City has any procedure for requiring fencing around burned structures for safety reasons. Mike Russell said there is none, but that we could probably handle that in some manner. Mr. Hall said that Turner Street Park had been completely under water after the heavy rains and commended the Public Works park crew for their hard work in cleaning up the fields so quickly for play, noting that Field No. 2 is still in bad shape and until it dries, the crews cannot clean it up. Mr. Hall also said staff is looking for an alternative location for parking since the development of Northpointe Phase 2 will eliminate the parking south of Turner Street Park. Mayor Amick stated that the list of capital improvements included w items, marking of N. Colony Blvd. and a signal light. With the approval of Council, he suggested the approval of these projects be put off until after the May 6 election. All agreed. With no further business to address, Councilman Harris moved to adjourn and Councilman Spears seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:27 p.m. APPROVED: Don A~mick, Mayor ATTEST: Patti A. 'Hi!ks, Cit~ Secretary [SEAL] 00323o CERTIFICATION I hereby certify that above notice of meeting was posted outside the front door of City Hall by 5:00 p.m. on the 13th day of April, 1989. Patti A. Hicks, City Secretary