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HomeMy WebLinkAbout05/03/1993 City Council 0047ou MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 3, 1993 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 May, 1993, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Absent John Dillard, Councilman Present Joel Marks, Mayor Pro-tem Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CONSIDERATION OF AN ORDINANCE CANVASSING AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF THE COLONY ON THE 1ST DAY OF MAY, 1993 Mayor Manning read the caption and portions of the ordinance 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 1ST DAY OF MAY, 1993, FOR THE PURPOSE OF ELECTING ONE MAYOR AND TWO COUNCILMEMBERS FOR SAID CITY; ORDERING A RUN- OFF ELECTION; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the election returns duly and legally made showed that there were cast at said election 2288 valid and legal votes, and that each of the candidates in said election received the following votes: FOR MAYOR Bill Manning 1535 Art Gibson 706 FOR COUNCILMAN PLACE 1 00478i Charles T. Dodds 309 Mike Lynch 956 Barbara Crocker 914 FOR COUNCILMAN PLACE 2 Billy Sharp 1032 Toby Pollard 1127 WHEREAS, pursuant to Section 7.04 of Chapter VII of the 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. WHEREAS, no candidate for Place 1 received a majority of the of the votes case for such office or place; and WHEREAS, it is hereby found and determined by the City Council that it is necessary to hold a runoff election for the purpose of electing one Councilmember for Place 1 and that it is in the best interest of the City and its citizens to hold such an election; and WHEREAS, pursuant to Section 7.05 of Chapter VII of the Home Rule Charter of the City and Article 1175, V.A.T.C.S., the City is hereby authorized to call a runoff election; and WHEREAS, pursuant to Section 2.021 of the Texas Election Code, the run-off election shall be held not earlier than the 20th or later than the 30th day after the canvass of the first election. Mayor Bill Manning Councilmember Place 2 Toby Pollard Section 4. That no candidate received a majority of total votes cast for the office or place of Councilmember Place 1 and a runoff election between the two candidates receiving the highest number of votes cast for such office or place as tabulated and canvassed in the preambles hereof shall be held on the 29th day of May, 1993, for the purpose of electing a Councilmember to serve on the City Council, to wit: Names of Candidates Office or Place Mike Lynch One Barbara Crocker One Motion to approve the ordinance - Marks; second - Agnew, carried with a unanimous roll call vote. 3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS City Secretary, Patti Hicks, administered the Oath of Office to Mayor Manning and to newly elected Councilman Place 2, Toby Pollard. Councilman Pollard then took his place at the dais. 4. MAYORAL PROCLAMATION DECLARING NATIONAL DAY OF PRAYER Mayor Manning read the proclamation in it's entirety as follows: WHEREAS, our nation was founded by people of faith in God, and whereas, our founders were firm believers in the prevailing power of prayer; and WHEREAS, President George Washington, in 1783, called for prayers that our nation would seek "to do justice, to love mercy and to demean ourselves with charity and humility", and WHEREAS, in 1863, President Abraham Lincoln proclaimed a National Day of Humility, Fasting and Prayer to draw a divided nation together and to recognize its dependence upon "the Overruling Power of God"; and WHEREAS, in 1988, by the unanimous action of both houses of the United States Congress, President Ronald Reagan signed a bill establishing a National Day of Prayer to be conducted on the first Thursday of every May; and WHEREAS, the Scriptures admonish us in Jeremiah 29:7 "to seek the welfare of the city in which we live, and to pray to the Lord on its behalP'; and WHEREAS, The Colony has an abundance of citizens who acknowledge, worship and honor God Almighty, Who changes not, but is the same, yesterday, today and forever, NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony and on behalf of The Colony City Council, do hereby proclaim Thursday, May 6, 1993 as THE NATIONAL DAY OF PRAYER CELEBRATION and I urge all citizens to pray specifically on this day for our city, our state and our nation. William W. Manning, Mayor ATTEST: Patti A. Hicks, CMC/AAE, City Secretary 5 004786 Rev. Jeff Bacon accepted the proclamation and asked to lead a prayer for the city. 5. MAYOR PROCLAMATION DECLARING NATIONAL PUBLIC WORKS WEEK Mayor Manning read the proclamation in it's entirety as follows: WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim the week of May 16 - 21, 1993, as: NATIONAL PUBLIC WORKS WEEK in the City of The Colony, and urge all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, and comfort. SIGNED AND SEALED this 3rd day of May, 1993. William W. Manning, Mayor Patti A. Hicks, City Secretary Tom Cravens, Director of Public Works, accepted the proclamation. 6 6. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP AMENDED BY AMENDING SECTION 10-100, APPENDIX A- ZONING, RELATING TO THE REGULATION OF PAWN SHOPS Motion to open the public hearing - Agnew; second - Marks. All Aye. Bob van Til advised that legislation had been passed in 1991 that removed the authority of a city to require a Specific Use Permit (S.U.P.) for pawn shops. The bill states that a city shall designate pawn shops as a permitted use in one or more zoning classifications and may not impose a S.U.P. requirement on a pawn shop which is licensed by the Consumer Credit Commission. Going on Mr. van Til stated that the current zoning ordinance allows pawn shops in General Retail, Light Commercial, Heavy Commercial and Industrial districts, only with a S.U.P. and that we need to designate one or more zoning districts in which they may operate without requiring a S.U.P. Mr. van Til said he surveyed surrounding cities and after review of the issue and consultation with the City Attorney, recommended to the P & Z that pawn shops be limited to light and heavy commercial districts. The P & Z held a public hearing March 23, at which no public input was offered. The Commission agreed with staff recommendation. Councilman Agnew asked how this would affect the S.U.P which was recently approved for a pawn shop. Mr. van Til said it would have not affect since the area is zoned light commercial. Councilman Lynch suggested limiting pawn shops to only one zoning district. Councilman Pollard noted that if we limit them to heavy commercial, then the existing S.U.P. for a pawn shop may have to be grandfathered. Mr. van Til agreed that if the shop existed, it would have to be grandfathered, but since the shop has not been built yet, no action would be necessary. General discussion regarding the S.U.P currently granted for a pawn shop. Councilman Lynch read the definitions of light and heavy commercial districts and noted that the only heavy commercial district in our city would be on Elm Street, but stated we have light commercial along FM 423. Councilman Pollard said the effect of this law is that owners of pawn shops will no longer have to go through the S.U.P. procedure and the more area you allow them (pawn shops) in, the chance of conflicts with other businesses increases. Councilman Lynch said he would like to see them allowed only in heavy commercial districts. Motion to close the public hearing - Marks, second - Lynch. All Aye. 7. CONSENT AGENDA Mayor Manning summarized the items of the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD APRIL 19, 1993 7 0C4785 Councilman Dillard pulled the minutes and stated that the written statement made by Councilman Agnew at the last meeting had been included in the minutes even though he had not made the statement publicly. Councilman Agnew said he was told that to get something in the minutes it had to be read aloud. City Secretary Patti Hicks stated that because Councilman Agnew's written statement included a request to make it a part of the record, that she should include it in the minutes. Councilman Agnew said he has no problem with the statement being struck from the minutes. Motion to approve the minutes, deleting Councilman Agnew's written statement - Dillard; second - Marks, carried with all members voting Aye, except Councilman Pollard who abstained. B. CONSIDERATION OF AUTHORIZING THE HIRING OF PART TIME SUMMER EMPLOYEES IN THE PARKS AND RECREATION DEPT. Motion to approve the request as recommended - Agnew; second - Dillard, carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A- ZONING OF THE CODE OF ORDINANCES BY AMENDING SECTION 10-100 RELATING TO REGULATION OF PAWN SHOPS Councilman Marks pulled this so that Councilman Lynch's recommendation during the public hearing to permit pawn shops only in heavy commercial districts could be considered. Motion to approve the ordinance, allowing pawn shops in heavy commercial district - Marks; second - Lynch, carried with a unanimous roll call vote. D. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF UNIFORMS, AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Lynch pulled this item, stating that the bid invitation states that any or all of the bids may be accepted, going on to say that he and Mr. Hall disagree about the intent of this statement. Councilman Lynch suggested accepting part of one bid and part of another bid because the low bidder was not low bid on all items requested. Bill Hall suggested tabling this item until he can clarify this question. Motion to postpone this item for further research - Lynch. Motion died for lack of a second. Councilman Marks asked if we had ever awarded bids like this and Mr. Hall said we had not. Mr. Hall went on to say if the item is not specified by the bidder, then we can just 004, purchase the item from another vendor. Councilman Lynch said he wants to know if that statement is legal or if it should be removed from the bid invitation. Motion to accept the bids and award as recommended - Lynch; second - Agnew, carried with a unanimous roll call vote. E. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR RE- PLASTERING OF THE OUTDOOR LAGOON AT THE AQUATIC PARK, AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Lynch stated that Malibu is a higher bid, but they offer a 3 year warranty. He said he understands they cannot do the job in time and suggested that this should have bid earlier. Elise Knox, Pool Director, said she spoke to Malibu Co. today and they now say they can do this job before Memorial Day, noting the cost would be $385.00 more than the low bid. She said the Malibu references are good, but noted that the city has worked with D.C.C. for several years and all their references are excellent too, and D.C.C. has more commercial pool experience. General discussion regarding the increase in cost for one more year on the warranty, the reputation of both companies, etc. Ms. Knox said she had been in favor of D.C.C. originally and that the city has a good relationship with them. Mayor Manning said good relations are important and Councilman Lynch agreed. Councilman Pollard said no completion time is included and Ms. Knox said both companies can do the job before Memorial Day. Councilman Marks asked why Ms. Knox changed her recommendation from D.C.C. to Malibu and Ms. Knox advised she thought Malibu could not do the job in time. Motion to accept the bids and award to D.C.C. as recommended - Lynch; second - Dillard, carried with a unanimous roll call vote. F. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION FROM DAVID GLASS FROM THE PARKS AND RECREATION BOARD Motion to accept the resignation - Agnew; second - Dillard, carried with a unanimous roll call vote. G. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH OTHER CITIES IN DENTON COUNTY FOR AN ARSON TASK FORCE Motion to approve the Resolution - Agnew; second - Dillard, carried with a unanimous roll call vote. 9 00478 8. CONSIDERATION OF ACCEPTANCE OF PROPOSALS FOR A CURBSIDE RECYCLING PROGRAM IN THE CITY OF THE COLONY AND AUTHORIZE NEGOTIATIONS FOR SAME Bill Hall advised that proposals were received from four companies; Community Waste Disposal (C.W.D.), Texas Waste Management (Recycle America), Laidlaw and B.F.I. Mr. Bob van Til explained that the proposals were all quite lengthy and after review with staff and some members of council, his recommendation is to initiate negotiations with C.W.D. because of their per household price and the array of different materials they are able to collect and recycle. (See Attachment "A") Mr. van Til suggested that the Mayor appoint a committee to negotiate with C.W.D. and that the contract be brought back at the June 7 meeting for approval. Mr. van Til said the council can clearly evaluate the costs and benefits of the recycling project. He went on to say he has met with Mr. Greg Roemer if C.W.D., seen the facilities and operations, studied his proposal and feels very confident this is the best proposal overall. Mayor Manning addressed Mr. Roemer, stating that other companies did not include all plastics and asked where the market is and if he can assure the city that the plastics will be recycled. Mr. van Til stated the proposals state how much, what kind and where the recyclables will be going. They also provide a list of vendors. Mr. Roemer assured the Mayor that no recyclables will be placed in a land fill, noting that will be in the contract, going on to say there will be receipts. Councilman Lynch asked about start up time, and Mr. Roemer said it depends on whether bags or bins are used, noting that with bags the program could start in two weeks from approval, but if bins are used it will be about 30 days because they have to be ordered. Councilman Marks said he did not get a copy of the proposals and asked how C.W.D. can find a market for all these various items, when the other companies cannot. Mr. Roemer said all the companies know where the markets are, but the bottom line is profits, going on to say it costs a little more to recycle plastics. Mr. Roemer went on to say he thinks very soon the legislature will make recycling mandatory and his company will be ahead of the game. Bob van Til said the cost to each household will be $1.73 for bags or $1.79 for bins, including a franchise fee. Councilman Marks asked how C.W.D. could afford to do this and make a profit. Mr. Roemer said it starts at the top of the corporations, noting that C.W.D. employees don't make as much as some of the other companies' employees. Mr. Roemer said the program is going well in Euless, however, they are not breaking even yet. Councilman Marks asked about education. Mr. Roemer said $5000.00 a year will be dedicated to education. General discussion followed regarding the best and most effective ways to handle education. Bob van Til said the council is being asked to accept the proposals, authorize negotiations with C.W.D. and to establish a committee to conduct those negotiations. Motion to table until Councilman Marks can review all the proposals - Marks. 10 004785 Councilman Marks said he hasn't heard anything about education, and Councilman Dillard said it is always better for us to educate our children than to allow outsiders to do so, noting it is to the advantage of the company to pick up less recyclables, so they may not do as good a job of educating. Councilman Lynch noted that C.W.D. is the only company who is willing t dedicate money to the city for education, stating the city will be in charge of the education. Motion died for lack of a second. Motion to accept the proposals - Dillard; second - Lynch, carried with a unanimous roll call vote. Councilman Lynch volunteered to sit on the committee. No committee was appointed at this time. 9. CITIZEN INPUT - None 10. CITY MANAGER'S REPORT 1. The Police Department was the recipient of donated furniture, through the efforts of Inv. George Wintle. The furniture was used not only in the police department, but in several other departments. 2. Receptionist, Sandy Tausend will be serving as Public Information Officer. This was an item brought out in the Goals and Objectives and after discussing with Patti Hicks, it was decided Sandy would be the logical person to serve in this capacity. She will compile information from all organizations, churches, groups, etc. and make that available to interested parties. Written information is preferable. Tom Cravens invited all the council to see the new public works facility in the old Fire Sta. No. 2. Sylvia Brantley advised that SPAN will be providing transportation for the Day Camp this summer. Councilman Marks noted that no action had been taken on item No. 8 to authorize negotiations with C.W.D. The following item was then addressed. 8. CONSIDERATION OF ACCEPTANCE OF PROPOSALS FOR A CURBSIDE RECYCLING PROGRAM IN THE CITY OF THE COLONY AND AUTHORIZE NEGOTIATIONS FOR SAME Motion to begin negotiations with C.W.D. - Lynch; second Marks, carried with a unanimous roll call vote. With no further business to address, Mayor Manning adjourned the meeting at 9:03 p.m. APPROVED: t'/Willi~tm W. Manning, ATTEST: Patti A. Hicks, CMC/AAE, City Secretary I ~.~ ~ ~ X ~X ' ~ ~ X X X o x I ~ ~ ~ ~ X X ~ ° ~ ~ ~ X X 0 I- I ~ ~ I I I ~ ~ 0 ~ ~ 0 ~ 0 ~ ..... ~ ~ ~ ~ ~ G G o