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
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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. "-'
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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
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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
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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
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