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HomeMy WebLinkAbout06/03/1996 City Council '0060 MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 3, 1996 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 3rd day of June, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with seven present, a quorum was established and the following items were addressed: INVOCATION - Mr. Gary McClure PLEDGE OF ALLEGIANCE 1. MAYORAL PROCLAMATION DECLARING JUNE 14, 1996 AS FLAG DAY IN THE COLONY Mayor Manning read the proclamation in it's entirety. The proclamation will be mailed to the National Flag Day Foundation. 2. CITIZEN INPUT Marilyn Meyer, President - Lake Lewisville Watch, 501 Oakbrook addressed the council about the Mission Statement of the "Watch" group. She informed them of some of the activities currently going on and invited everyone to support their group. A schedule of upcoming meetings is as follows: July 6, 11:00 a.m. at Eagle Point, August 3, 11:00 a.m. at Charlie's at Pier 121, and August 9, 7:00 p.m. at Lake Land Baptist Church. Dan Shay, Secretary of Lake Lewisville Watch, 1425 Anna St., Denton said this issue touches a lot of communities and that this group wants to help stress the positive benefits of the lake and offered to help our community in any way possible. Mike Lynch, 4921 Roberts, reminded council and staff that a letter was to have gone out to the members of the Citizens Advisory Committee regarding Capital Projects. Elizabeth Talley, 7510 Lakeland said she was disappointed in the way the Capital committees turned out, stating that several people gave a lot of time apparently for nothing. She said that with the new council, she hopes there will be some foresight. 3. PUBLIC HEARING AS REQUESTED BY VERNON JACKSON BUILDING, INC. FOR A REPLAT OF LOT 54, BLOCK 7 AND LOT 1, BLOCK 26 OF GARZA LITTLE ELM LAKE ESTATES ADDITION, GENERALLY LOCATED SOUTH OF W. LAKE HIGHLANDS ON THE WEST SIDE OF HAVEN HILLS DRIVE The applicant has requested a replat of the above described property. A Public Hearing is required. Motion to open the public hearing - Dillard; second - Watts, carried with all ayes. Mr. Sam Chavez, City Planner, stated the applicant is requesting approval of a replat which is part of the requirement for the platting of the proposed gated community located in the city's Extraterritorial Jurisdiction (ET J). The replat provides the required right-of-way for access to the community and for the required turn around. Planning and Zoning recommends approval of the request subject to all staff stipulations. There are two additional stipulations; to delete the words "private road and access" from Water's Edge Drive and to provide a correct dedication statement on the plat. There was no discussion. Motion to close the public hearing - Stanwick; second - Kovatch, carried with all ayes. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MAY 6, 20 AND 21, 1996 Council meeting minutes have been prepared for the council review and approval. Motion to approve the minutes as written, Watts; second - Dillard, carried with a unanimous roll call vote. B. CONSIDERATION OF AUTHORIZING A CONTRACT WITH J.T. DUNKIN AND ASSOCIATES FOR THE PREPARATION OF THE COMPREHENSIVE MASTER PLAN FOR THE CITY OF THE COLONY This Plan has been discussed for several months and at this time, the Council is asked to formally authorize Mr. Dunkin and his fn'm to complete the task. Councilman Watts pulled this item from the Consent Agenda for discussion, stating that for several weeks the figure has been $191,000 and now the amount is $129,280.00. She went on to state that she assumes the difference is going to Hunter and Associates but with these discrepancies, she did not think this item should be placed on the Consent Agenda. Sam Chavez explained that the $194,380 includes the following: $129,280 - J.T. Dunkin (including Turco and Blake [surveys]) and $15,000 for impact fee study $ 65,000 left which includes the $33,500 already allocated to Hunter and Associates and 6 00604,., the balance of $31,600 which will go to HUnter and Associates for the balance of their work. Mr. Chavez said tonight the agreement is for $129,280 to Dunkin and the balance will be included in another agreement with Hunter and Associates. Councilman Kovatch stated we should wait and approve the two at the same time. Mr. Smith said Hunter and Associates will prove a Scope of Services for the $31,600.00. Councilman Watts said that in the future the dollar amount should be included in the (posted) agenda item and considering the "up and down" figures that she agrees we should wait for the Hunter agreement. Motion to postpone until the agreement is received from Hunter and Associates so both can be approved at the same time - Watts; second - Kovatch. Mayor Manning expressed concern because we have been working on this project for so long. Councilman Dillard agreed and advised that he had done some research and discovered that a similar Comprehensive Plan done in a neighboring city had cost $400,000. He said we desperately need to get going on this plan. Councilman Watts agreed with the need but not that it has to be done tonight. Motion carried with the following vote: Ayes - Longo, Watts, Avey, Kovatch Noes - Stanwick, Dillard, Manning C. CONSIDERATION OF APPOINTMENT OF LARRY LIPSCOMB AS THE REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL FOR THE COLONY, FLOWER MOUND AND LEWISVILLE Mr. Lipscomb, Mayor of the Town of Flower Mound, has represented these three cities very well over the past few years. Staff recommends that he be reappointed to serve for the next two year term. Motion to approve the appointment, Watts; second - Dillard, carried with a unanimous roll call vote. D. CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES RELATING TO FIRE LANES This ordinance, which will bring our code up to date with current and future development, has been reviewed previously by council and has been placed on this agenda for action. Motion to approve the ordinance as written, Watts; second - Dillard, carried with a unanimous roll call vote. E. CONSIDERATION OF REJECTION OF BIDS RECENTLY RECEIVED FOR THE PURCHASE OF WATER AND WASTEWATER CHEMICALS AND REQUEST 0g040 AUTHORIZATION TO RE-BID Due to errors in bids recently received, staff is recommending the three bids be rejected and request authorization to re-bid. Motion to approve the rejection of bids as recommended, Watts; second - Dillard, carried with a unanimous roll call vote. F. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF PROPANE AND LEASE OF A FUEL TANK, AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Bids were received and opened publicly for the purchase of propane fuel and the lease of a tank from Northwest Butane and Amerigas. After review, staff is recommending awarding the contract to Amerigas. There was a brief discussion regarding how the figures were calculated. Motion to accept the bids and award to Amerigas as recommended by staff, and approve the ordinance as written - Watts; second - Dillard, carried with a unanimous roll call vote. G. CONSIDERATION OF AUTHORIZING A REPLAT AS REQUESTED BY VERNON JACKSON ON LOT 54, BLOCK 7 AND LOT 1, BLOCK 16 OF GARZA LITTLE ELM ESTATES ADDITION Following the above public hearing, council will take action on this request. Motion to approve the replat as recommended by staff and P & Z, Watts; second - Dillard, carried with a unanimous roll call vote. At this time, Mayor Manning apologized to Mr. David Carroll who had signed up to speak on Item 4E of the Consent Agenda. Mr. Carroll said he still wanted to speak and proceeded to tell the council that rejecting the bids because there was a mistake on one bid was not proper. He said the correct bids should be accepted and the incorrect bids should be rejected. Motion to reconsider Item 4E and accept the correct bids - Kovatch. City Secretary, Patti Hicks suggested that the council accept the bids but make the award of contract at a later meeting, since there was no recommendation from staff as to whom the bids should be awarded. Pat Dunlap, Public Services Director explained what the error had been and went on to say it is difficult to get all the chemicals needed from one company. He said he felt his recommendation for re-bidding was appropriate. Mr. Dunlap went on to say he certainly does not want to "bid shop" and that he understands Mr. Carroll's problem. Mr. Carroll said the bid specs did not say that a bidder had to bid on all the chemicals. He said they bid on what they 8 00604 could give at a good price and if the bids are rejected it will be bad for future bid processes in the city. Mr. Dunlap said staff looks at more than price when making recommendations. Councilman Avey asked the city attorney to address this issue. Mr. Pete Eckert, City Attorney said that bids can be awarded to those who bid correctly. There followed a lengthy discussion regarding how the bids had been written, what items would have to be re-bid regardless of action taken tonight, the bid process in general and prices of the bids submitted. Mr. Smith said this had been brought to the council because once opened, bids have to be addressed by the governing body. He said Mr. Dunlap made his recommendation based on what was in the best interest of the city. At this time, Councilman Dillard seconded the motion to reconsider Item 4E and the motion passed with a unanimous roll call vote. Motion to accept the bid for 1 ton chlorine from Carroll and reject and re-bid all other bids - Stanwick; second - Dillard. Further discussion regarding accepting partial, line items from the bids. It was determined by the Attorney, that if line items were considered from one bidder, then they must be considered from every bidder. At this time, Councilman Stanwick withdrew his motion. Motion to postpone this item until June 17, 1996 meeting - Kovatch; second - Avey, carried with a unanimous roll call vote. 5. CONSIDERATION OF AUTHORIZING DESIGN, CONSTRUCTION AND FINANCING FOR RELOCATION OF UTILITIES ALONG MAIN STREET (F.M. 423) DUE TO STATE HIGHWAY WIDENING PROJECT This project was discussed with council at the May 6, 1996 meeting and staff was directed to bring the matter back after final figures had been obtained. Hunter & Associates has given the City a propsal to complete the engineering on this project and staff recommends approval of that agreement. At this time, staff is asking council to authorize the design, construction and funding for this project. Tony Johnston, Finance Director presented financial information regarding this project as well as the wastewater improvements being addressed in Items 6 & 7. Mr. Johnston said the two are being discussed together so the council can see the total amount of money to be designated for these projects. He said to pay for beth projects we need an average of $296,000 for debt service every year. Mr. Johnston said adding $1.27 to each customer's utility bill each month would bring enough revenue to pay for both these projects. He went on to note that water and sewer rotes have not been changed in several years, even though the Dallas water charges to the city have increased, that has never been passed on to the customers. Councilman Watts clarified; a $15.00 annual increase per customer will accomplish all we need, i.e. moving the water lines, frae bubble diffusers and the ammoniators (including 9 00604', engineering fees, etc.) Mr. Johnston agreed. Mr. Smith said we will continue to look for ways to get financial assistance but in the mean time, these items need to be initiated. Mike Lynch, 4921 Roberts, asked for clarification on what is going to be SRF and what is open market financing. Mr. Johnston explained "SRF" is only the name of our fund, noting that both revenues will be put into that fund, but that financing for the water relocation will come from the open market and financing for the wastewater improvements will come from the Texas Water Development Board (SRF). Continuing, Mr. Johnston said the existing $1.65 on the customer's bills generates enough to pay for the. original SRF loan as well as the one million dollar loan received in late 1995 for a period of up to 10 years. He said then we may have to make some adjustments. Mr. Johnston said to pay for those two loans and this new one the total mount on the customer's bills will be $2.92 per month. Toby Pollard, 5401 Sutton Pl., asked several questions regarding the qualification of these items to be paid for from impact fees. Mr. Johnston said that is possible, but we needed to move quickly on these particular items, and the balance in the impact fee fund is not sufficient. Motion to approve as recommended - Dillard; second - Longo carried with a unanimous roll call vote. 6. CONSIDERATION OF A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH This project was discussed with council at the May 6, 1996 meeting and staff was directed to bring the matter back after final figures had been obtained. At this time, staff is asldng for authority to seek funding for this project through the State Revolving Fund. Mayor Manning noted this item was included in the presentation and discussion on Item 5. He also stated this item will be financed through the SRF loan process with the Texas Water Development Board. Motion to approve as recommended - Longo; second - Avey carried with a unsnlmous roll call vote. 7. CONSIDERATION OF AUTHORIZING DESIGN AND CONSTRUCTION FOR THE WASTEWATER TREATMENT PLANT AERATION SYSTEM AND GRIT UNIT REHABILITATION WITH N.R.S. CONSULTING ENGINEERS N.R.S. Engineering fkm has been handling wastewater engineering for the past several months and working closely with staff on the needed improvements to the plant. After authority is given to seek funding through the State Revolving Fund, as stated in item 7, N.R.S. will begin the necessary work to complete this project. Mike Lynch, 4921 Roberts, said he understands a study is due within 30 days regarding water and wastewater usage and suggested the council postpone action on this item until that study is in, just in case the numbers show that a new plant is needed right now. Mr. Smith said it does not matter what the study shows. If we do need a new plant it 10 would be 3 - 4 years away, and these items are necessary to keep the existing plant operating with the requirements of the existing permit. The study will be used for long range planning. Motion to approve as recommended - Longo; second - Stanwick carried with a unanimous roll call vote. 8. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO WORK WITH THE U.S. ARMY CORPS OF ENGINEERS TO AMEND THE EXISTING LEASE WITH THE CITY FOR STEWART CREEK PARK AND WYNNEWOOD PARK; SEPARATING THE LEASE INTO THREE INDIVIDUAL LEASES, AND TO ALLOW USE OF REVENUES FROM ANY OF THE CORPS PARKS LEASED BY THE CITY FOR IMPROVEMENTS IN ANY OF THE OTHER CORPS PARKS LEASED BY THE CITY Currently the city has two leases with the Corps of Engineers; for Stewart Creek Park and Wynnewood Park combined and for Hidden Cove Park. Staff wishes to divide the fa'st into three leases including Stewart Creek Park, Wynnewood Park and Peninsula Golf. Under current terms, revenue brought in by a park must be used for improvements to that park only. Staff is seeking to amend the terms so that revenue from any park on Corps property may be used to improve any other park on Corps property within the city. Mr. Smith said he has met with the Corps regarding these issues and now needs formal approval from the council to proceed with drafting new leases. He said they should all be complete in 1 - 2 months. There was a brief discussion. Motion to authorize the City Manager to proceed with negotiating new leases with the Corps of Engineers for Stewart Creek and Wynnewood Parks - Dillard; second - Kovatch carried with a unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING 'A COST OF LIVING ADJUSTMENT FOR ALL CITY EMPLOYEES AND AN ADJUSTMENT TO THE BASE SALARY OF ANIMAL CONTROL OFFICER During the 1995-96 budget process, the City Manager advised the council that if funds were available he would request a mid-year Cost of Living Adjustment for employees. After review of the budget condition and review with the Personnel Committee, an adjustment is being recommended at this time. The Committee is also recommending an increase in the base salary for animal control officers. Mr. Smith commended Margaret Burkett, Personnel Director for her efforts on these two matters. He reminded the council that this is a Cost of Living Adjustment (COLA) not a pay raise or a merit increase. Ms. Burkett again reminded the council this was discussed in the 1995-96 budget process, stating that staff was to review the budget in mid-year and if the money was available, then the council could be asked to address the 2% COLA. Continuing, Ms. Burkett said there are several areas where salaries will need to be adjusted, as is shown by the salary survey made available to all the council prior to this meeting. She said the Animal Control position needs to be adjusted immediately, explaining that we have an opening that we have not been able to fill and 11 that increasing the salary should help with that problem. Councilman Stanwick clarified that this COLA includes all employees except Mr. Smith. Mayor Manning explained that was due to discussions between Mr. Smith and the council previously regarding his salary. Ms. Burkett said the pay plan must be market driven and advised the council of the tremendous remover since October 1, 1995, noting that the main reason has been salaries. Councilman Longo said the Personnel Committee met to discuss these items and that he believes we must do this. He asked all the council to support these two items. Councilman Kovatch agreed. Motion to approve the 2% COLA and the adjustment in the Animal Control Officer's salary as recommended by staff - Dillard; second - Watts carried with a unanimous roll call vote. 10. CITY MANAGER AND STAFF REPORTS - None 9:41 p.m. - Recess 9:45 p.m. - Convene into Executive Session 11. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 REGARDING PERSONNEL, AND SECTION 551.072 REGARDING LAND ACQUISITION, TO-WIT: A. CITY ATTORNEY AND CITY MANAGER - INFORMATION EXCHANGE B. MUNICIPAL JUDGE C. GIBSON VS CITY OF THE COLONY ~I1:25 p.m. - Reconvene into open session 12. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION Motion to authorize the City Manager to proceed with acquiring an appraisal of the Gibson property - Kovatch; second - Stanwick carried with a unanimous roll call vote. With no further business to address, Mayor Manning adjourned the meeting at 1,~26 p.m. APPROVED: William W. Manning, Mayor Patti A. Hicks, TRMC, City Secretary 12