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HomeMy WebLinkAbout09/10/1990 City Council 00374d MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 10, 1990 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 10th day of September, 1990 at City Hall with the following Council roll call: William W. Manning, Mayor Present Steve Withers, Councilman Present Mike Alianel], Councilman Present Rob Burchard, Councilman Arrived 7:12 p.m. Lou Gomez, Councilman Present Joel Marks, Councilman Present and with five present, a quorum was est. ab]ished and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Jerem¥ Ste~all complained about the water and sewer rates being too high and asked the council to do something. Mayor Manning explained the council had spent, the last 6 weeks considering alternatives and did adjust the rates at the September 4, 1990 meeting. 3. RECEIVE PRESENTATION FROM THE CITY OF LEWISVILLE REGARDING DALLAS WATER LINE CONNECTION AT THE COLONY Bill Hall advised the City of Lewisville has been negotiating with the City of Dallas to purchase excess water from the Dallas Water Line, which was put in with the cooperation of Dallas, Carrollton and The Colony. Mr. Hall explained the excess is the property of the City of Dallas and that Lewisville wants to extend the line along 121 on the north side, that they have purchased the rights and now need permission to tie in at The Colony. Tom Dingier, engineer for the City of Lewisville handed out drawings that depict, the request. Paul Malter, engineering consultant, pointed out the area, indicating where the line will run and where it will connect at The Colony. Mr. Dingier said Lewisville is requesting permission to lay line in The Colony for approximately 1500 feet at Kennepac Rd. Mr. Dingier went on to say all charges and road repair will be paid for by Lewisville. Mr. Malter said the down time will be minimal, that. a hot. tap will be used. Councilman Gomez asked if unusual occurrences cause expense to The Colony will Lewisville reimburse and Mr. Dingier said he is sure they will. All Council agreed to grant permission with a stipulation 3 00374, that all reasonable charges will be paid by the City of Lewisville. ~ Mr. Hall, Chuck Owens and Mr. Dingier will draw up appropriate documents. 4. RECEIVE PRESENTATION FROM TEXAS WASTE MANAGEMENT AND CONSIDERATION OF ANY APPROPRIATE AS A RESULT OF THAT PRESENTATION, REGARDING AMENDMENT TO EXISTING CONTRACT Mr. Hall reminded Council that Dwayne Pomykal had present, ed the rate increase request, due to the mid-east crisis, at a recent Council Meeting. He went. on to say Council t. hat time had two questions; 1. inquired into contracts with fuel suppliers;; 2. what. % of their cost is due to fuel costs. Mr. Hall told the Council that. Texas Waste Management agrees that if the rate is increased now, that when the C.P.I. comes in they (Texas Waste) will take the rate back to what it. is now before figuring the increase based on the C.P.I. Councilman Alianell asked what. savings there would be if we only had one pick-up per week instead of two. He was told there would be a decrease but no actual figures are available. Mr. Hall suggested approving the rate increase from now until December only. He said there would be an addendum prepared to increase the rate 4% now through December, then the rates would be rolled back to~ the present, rate before the C.P.I. is implemented in January. Councilman Withers requested documentation of fuel bills .-~ between now and December. Councilman Gomez moved to adopt, the amendment to include the 4% increase through the end of the year with a stipulation that if savings are realized, the rate will be lowered and that the C.P.I. rate will be based on the rate as it is at this present time. Councilman Burchard seconded the motion, which carried with a unanimous roll call vote. 5. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE AUGUST 13, 20, 22, 27, AND 29, 1990 MEETINGS Councilman Withers moved to approve the minutes and Councilman Gomez seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR ELECTRICAL WORK AT STEWART CREEK PARK AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Withers moved to accept and award the bids and approve the ordinance; Councilman Gomez seconded the motion which carried wit. h a unanimous roll call vote. "-' 4 00374, E. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCE BY AMENDING THE WATER AND SEWER CODES RELATING TO SEWER RATES Councilman Withers moved to approve the ordinance and Councilman Gomez seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AMENDMENTS TO THE 1989/90 MUNICIPAL BUDGET Councilman Marks asked the bottom line impact. Mr. Hall said this is a positive impact on the current budget, noting that overall revenue has increase substantially. Councilman Marks then moved to approve the ordinance authorizing the amendments as out. lined in exhibit. "A" of that ordinance and Councilman Withers seconded the motion which carried with a unanimous roll call vote . Do CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR A RECYCLING PROGRAM Mr. Hall explained no proposals were received and that he recommends tabling this it;em. Councilman Alianell moved to table and Councilman Gomez seconded the motion which carried with a unanimous roll call vote. 6. CONSIDERATION OF A CONTRACT FOR THE RECYCLING GRANT Mr. Hall reviewed for council the process of receiving he recycling grant, from the State, noting that our grant, has been approved and now this contract must be approved by the Council in order for the City to receive $14,034.00 in grant, funds. Mr. Hall noted the match the City must provide is $4412.00 which will be made up of Mr. Bob van Til's salary and time, and $1500.00 in prizes offered by the Beautification Corrmittee. Councilman Marks said he has a problem with allowing a committee have a budget for operation. Mr. Hall said that Mr. van Til is the project~ director and that. he and Mr. van Til will be tracking all expenses. The re was a brief discussion regarding how the Beautification Committee should be guided and Mayor Manning proceeded to appoint a committee to come up with a set of guidelines to be brought to the Council on October 1, 1990. Committee to be made up of Councilmen Gomez, Marks, and Withers. Councilman Alianell moved to approve the contract, and Councilman Burchard seconded the motion which carried with a unanimous roll call vote. 7. FIRST READING OF AN ORDINANCE AMENDING SECTION 10 OF THE CODE OF ORDINANCES BY ADDING ARTICLE VI RELATING TO SMOKING 00374o Mayor Manning read the caption as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES; AMENDING SECTION 10 BY ADDING ARTICLE VI RELATING TO SMOKING; REGULATING SMOKING IN CERTAIN PUBLIC PLACES IN THE CITY OF THE COLONY; PROVIDING FOR DEFINITIONS; PROHIBITING SMOKING IN CERTAIN PUBLIC AREAS; REGULATING SMOKING IN FOOD PRODUCTS ESTABLISHMENTS~ PROVIDING FOR THE REGULATION OF SMOKING IN THE WORK PLACE; PROVIDING FOR REGULATION OF SMOKING IN TAXICABS; PROVIDING FOR THE PLACEMENT OF SIGNS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Withers said he thinks this is a good ordinance. Mayor Manning said the ordinance is based on one from Austin and is recommended by the Heart Association and the Cancer Society, noting that the ordinance requires smoking areas to be specified in public places. There were no other quest ions or corr~nents; this ordinance will be placed on the September 17, 1990 agenda for act. ion. 8. REVIEW OF ORDINANCE NUMBER 647 RELATING TO NEWSPAPER BOXES ON P~JBLIC PROPERTY Mayor Manning said all members of Council had requested this .-~ item be brought back to Council. Councilman Marks ask if staff had determined that there are problems in some residential areas. Mr. Hall said in reviewing Ordinance 264, passed in 1983,it was found to be unenforceable, with many discrepancies. He went on to say this was to have been a housekeeping measure and to place the enforcement into the Inspections Department. Mr. Hall said the first time this came to Council there had been a request to check wit. h the attorney regarding amending the ordinance to restrict, newspaper boxes from residential areas and the maximum fee allowed. The attorney did advise the restriction could be done, but to be cautious and that. there is no maximum fee set. The attorneys then prepared another ordinance restricting the boxes from residential areas, Mr. Hall noted, however, that. he is aware of no real problems in any residential areas. Councilman Marks said to bring the ordinance back to the Council for consideration in it's prior form before the restriction was included. Councilman Gomez agreed, stating that. the fee needs to be raised, because it does not. cover costs. Mr. Hall suggested eliminating the fee from the ordinance altogether and stating the fee will be set annually. Ail agreed and the ordinance wi 1 1 be placed on the September 17, 1990 agenda for ac t i on. 9. DISCUSSION OF SPECIAL ELECTION Councilman Withers said there had been some interest in calling a special elect, ion to fill the vacancy on Council, noting he feels the Charter is vague on the process. Councilman Withers went on to say that now he feels the Council should proceed with Place 1 appointment although there is some ambiguity. Mayor Manning agreed, stating there needs to be a Charter Review Committee to review several areas of the Charter. 10. COUNCIL COMMITTEE REPORTS (OPTIONAL) Councilman Marks - Crime Stoppers - local merchants still interested in starting a chapter in The Colony. Councilman Withers - Beautification - considering splitting the committee into two parts; beautification and recycling. Councilman Alianell - Golf Course - pursuing some other avenues for the Wynnewood property. Golf Quest in California is interested. Mayor Manning said he appreciates the input from the committees and noted that if a committee is no active, then it should be disbanded. 11. CITY MANAGER'S REPORT Mr. Hall advised the Council of the grant Christie Wilson had discovered by which money can be saved with regard to copiers, noting the $4678.14 in police is being reduced to $1610.40 8:38 p.m. 12. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT A. PLACE 1 POSITION ON CITY COUNCIL 11:27 p.m. Upon reconvening in open session the following item was addressed: 13. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION Mayor Manning thanked all those who had applied for the Place 1 position on Council, noting that all were highly qualified and enthusiastic candidates. The floor was then opened for nominations. Councilman Withers nominated Mike Lynch. Councilman 7 00374't Burchard nominated Vance Eaddy. There being no more nominations, the vote was taken as follows: ~.-~ Withers - Lynch Alianell - Lynch Burchard - Eaddy Gomez - Lynch Marks - Lynch Manning - Lynch Mike Lynch having received five votes and Mr. Eaddy having received one vote, Mr. Lynch was declared to be the new Place Councilmember for City Council. With no further business to address, Councilman Alianell moved to adjourn and Councilman Burchard seconded [.he motion which carried with all members voting Aye. Mayor Manning adjourned the.)m~eting at 11:31 p.m. ATTEST: Fatt. i A. Hicks, City Secretary [SEAL]