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HomeMy WebLinkAbout07/12/1993 City Council 004880 MINUTES OF THE CITY COUNCIL MEETING HELD ON JULY 12, 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 12th day of July, 1993, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Toby Pollard, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CONSIDERATION OF A RESOLUTION DECLARING THE COLONY AS A WORLD WAR II COMMEMORATIVE COMMUNITY Bill Longo, 5012 Middleton Circle was present and thanked the council for the resolution. Mr. Longo said this program has been set up by the Defense Department and the Army to honor veterans, families and those on the home front. Going on, Mr. Longo said a committee of about 15 persons will be formed, and will have their first meeting next Wednesday night, to begin planning various activities to commemorate the 50th anniversary of World War II. Mayor Manning read the resolution in it's entirety as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS DESIGNATING THE COLONY AS A WORLD WAR II COMMEMORATIVE COMMUNITY WHEREAS, the City Council of the City of The Colony, Texas recognizes the importance of the commemoration of the 50th Anniversary of World War II; and WHEREAS, the members of this Council further wish to honor the veterans of that war, as well as the men and women on the home front who made America into the arsenal of democracy; and WHEREAS, the price of a world war is enormous, but as Americans, we know that our freedom and values are worth fighting for; and 3 '0o4834 WHEREAS, the United States Army is the Executive Agent for the World War II Commemorative Program and as such is encouraging civilian communities to become involved in this commemoration; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of The Colony, Texas that The Colony, Texas is hereby designated a World War II Commemorative Community and urge the citizens of the City to get involved in the events which will be held to commemorate the 50th Anniversary of World War II, the most sweeping armed conflict of all time. SIGNED AND SEALED this 12th day of July ,1993. William W. Manning, Mayor Motion to approve the resolution as written - Lynch; second - Bogan. Mr. Longo read a statement regarding one particular incident on World War II in which many people were killed, and advised the Council that this is one of the reasons why this commemoration is so important. Motion carried with a unanimous roll call vote. Mayor Manning wished the committee well in it's endeavors and stated that we -- should all be supportive of all veterans of all wars. 6. CITIZEN INPUT Joyce Fulco, 4712 Clover Valley, stated she was unable to attend The Colony 4th of July Fireworks show because she had been in Carrollton that evening and had witnessed the fires in that city which had been caused by one firecracker. Ms. Fulco said she called the Carrollton Fire Department who advised it cost around $900.00 every time they answer a call. She said the Fire Chief in Carrollton is urging legislation which will ban the sale of fireworks in Denton County and she thinks all citizens should join in that effort. 3. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD JUNE 21, 1993 Motion to approve the minutes as written - Agnew; second - Bogan, carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION APPOINTING OLIVE STEPHENS TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 4 DISTRICT Motion to approve the resolution as written - Agnew; second - Bogan, carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A HYDRAULIC RESCUE TOOL SYSTEM FOR THE FIRE DEPARTMENT, AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Councilman Bogan pulled this item because it appeared there needed to be some clarification as to the administrative aspects of this bid. Motion to postpone for review - Bogan; second - Agnew, carried with a unanimous roll call vote. D. CONSIDERATION OF AUTHORIZING THE ADVERTISING FOR YOUTH SERVICES LIBRARIAN POSITION AT THE LIBRARY Motion to authorize advertisement - Agnew; second - Bogan, carried with a unanimous roll call vote. E. CONSIDERATION OF AUTHORIZING THE SEMI-ANNUAL DEBT SERVICE PAYMENT IN THE AMOUNT OF $1,958,925.00 Councilman Lynch noted the posted agenda did not reflect the correct total of the proposed debt service payment and questioned whether we could approve the entire amount. Councilman Lynch also said the summary indicated Mr. England would give a presentation and that he wants to hear it. Bill Hall agreed that we can only act on the Utility Fund portion of the debt service payment tonight and the General Fund portion will be placed on the July 19, 1993 agenda. James England gave a brief presentation explaining the bond payments. Mr. England said it is staff's recommendation to drop the proposed $40,000 transfer from the land fund as it is not needed. Councilman Lynch stated this means $40,000 will not be taken from our savings. Councilman Marks asked why we were doing this well, and Mr. England said our tax collection is nearly at 100%. Motion to approve Utility Fund Debt Service payment in the amount of $1,958,925.00 - Lynch; second - Agnew, carried with a unanimous roll call vote. F. CONSIDERATION OF A RESOLUTION URGING THAT PRAYER BE PERMIT-FED IN PUBLIC SCHOOL SYSTEMS Motion to approve the resolution as written - Agnew; second - Bogan, carried with a 004836 unanimous roll call vote. G. CONSIDERATION OF AN ORDINANCE AMENDING THE EXISTING FRANCHISE AGREEMENT BETWEEN THE CITY OF THE COLONY AND TEXAS UTILITIES ELECTRIC COMPANY Motion to approve the ordinance as written - Agnew; second - Bogan, carried with a unanimous roll call vote. H. CONSIDERATION OF AUTHORIZING THE REQUEST FOR PROPOSALS FOR A CONTRACT TO PROVIDE A METER READING SERVICE Councilman Bogan said even though we may not have the money now to purchase the digital readers, he thinks we should go ahead and plan to do so as soon as possible, going on to say by the time the RFP's are received and approved, it will be close to the new budget year anyway. Councilman Dillard suggested an alternate be added that contractors or the city may provide the readers. Bill Hall agreed stating that was left out in case we realize in a year that this is not a good program for the city. Motion to approve the RFP with the alternate regarding the contractor or the city providing readers - Dillard; second - Lynch. Councilman Pollard asked if this program would be ready by the new budget year and Mr. Hall advised it would. Councilman Agnew asked about the second paragraph of Section 6, stating that it should be deleted because it might limit the contractors who could bid on this. Motion amended to delete the 2nd paragraph of Section 6 - Dillard; second - Lynch. Councilman Marks said the first paragraph intimates that it is O.K. for the employees to drink and take drugs to and from the job as long as they do not do those things while working and suggested we add a requirement that the contractor have a drug policy. Bill Hall said this is not standard in other contracts. Mayor Manning added, this would be hard to enforce. Councilman Dillard stated this is an RFP, not a contract. Councilman Marks said the first paragraph should require the contractor to have a drug policy in place. Councilman Lynch suggested they just be required to adhere to the City's drug policy. Councilman Agnew said he had spoken to Mr. Hall earlier about this and had recommended the company have a drug policy that meets or exceeds the city's policy. All agreed with that. Motion amended to add to the first paragraph in Section 6, to require the contractor to have a drug policy which meets or exceeds the City's existing drug policy; second - Lynch. 6 Mayor Manning asked if the city is going to require this of all contractors. Councilman Agnew said he knows other contracts do not have this requirement, but someone has to be first. Motion carried with a unanimous roll call vote. 4. CONSIDERATION OF APPROVING AN ORDINANCE AUTHORIZING A CONTRACT WITH COMMUNITY WASTE DISPOSAL FOR THE OPERATION OF A RECYCLING PROGRAM IN THE CITY OF THE COLONY Bill Hall reminded all this item had been postponed from an earlier meeting to get some insurance questions resolved. Councilman Bogan said the committee has met with the contractor to resolve the insurance questions, and that the committee believes this to be the most cost effective program as well as the easiest for the citizens. Councilman Bogan said the cost will be $1.85 per month, per household for once a week pick up. Councilman Bogan noted the pick up days will coincide with the regular trash pick up days. Councilman Bogan went on to say C.W.D. will give the city $10,000 up front to spend on education. Councilman Marks asked what will be done if the pick up causes a conflict with Texas Waste Management. Councilman Bogan said he is comfortable that the two companies can work out any conflicts and if necessary the pick up day can be changed. Councilman Marks also questioned a committee being allowed to spend $10,000. Mayor Manning stated the money will not be spent by the committee. The committee will make recommendations and the Council will approve the expenditures. Mr. Bob van Til said he has some names to recommend for the committee and the names as well as budget for the committee will be placed on the next agenda for council approval. Motion to approve the ordinance as presented - Agnew; second - Bogan. Councilman Lynch said he is in favor of recycling but that he will abstain on this vote. Councilman Marks asked if the insurance had been changed. Councilman Agnew said no change in the coverage had been made because it was determined the coverage was sufficient. Motion carried with all members voting Aye, except Councilman Lynch who abstained. 5. FIRST READING OF AN ORDINANCE ESTABLISHING A FRANCHISE FEE FOR COMPANIES PROVIDING SOLID WASTE COLLECTION SERVICES TO COMMERCIAL PROPERTIES Bill Hall said that several years ago this type ordinance was recommended by the Fees Committee and it had been rejected. Mr. Hall said it has once again been recommended noting there are 4 commercial haulers in the city and that since the residential hauler pays a franchise fee these companies should also. 7 004830 Councilman Bogan said he is very much opposed to this ordinance, stating it will only net about $6000.00 a year and that these companies use our streets very little. Councilman Bogan went on to say this is very anti-business. Councilman Lynch asked Mr. Greg Roemer, representative of Community Waste Disposal if this is common in other cities. Mr. Roemer said it is becoming more so, going on to say this is in place in Dallas and Garland. He said this cost would be passed on to the customers and that he could not support such an ordinance. Councilman Lynch went on to say this is a small amount, but we have to start somewhere. Councilman Agnew said these companies do use our streets and he sees nothing wrong with charging them a franchise fee. Councilman Bogan asked what we would do about other trucks that use our streets. He said Texas Waste Management and Community Waste Disposal use our alleys. Mayor Manning said he does not think the citizens would ever notice an increase due to this type of fee being imposed. Councilman Pollard said the $500.00 fine is a little high and Mr. Hall explained that is the maximum allowed in this type of offense, not the set fine. 7. CITY MANAGER'S REPORT 1. Bob van Til said there is some information in the packet tonight about ideas for the education program for recycling. 2. Bill Hall told the council the 93-94 budget will be presented July 19, 1993, and went on to say he feels much better this year than he did last year. Mr. Hall publicly thanked all employees for doing a good job this year and all Department Heads for presenting good budgets for next year. He went on to say the format is different this year and that he hopes the council will be pleased. Mayor Manning thanked the cable volunteers, noting there was a new volunteer tonight, and invited anyone interested to call. Mayor Manning then adjourned the meeting at 8:45 p.m. OVED: William W. l~anning, May~r AT-FEST: Patti A. Hicks, CMC/AAE, City Secretary