HomeMy WebLinkAbout10/18/1993 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
OCTOBER 18, 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 18th day of October, 1993, at City Hall with the following Council
roll call:
William W. Manning, Mayor Present
Mike Lynch, Councilman Absent
Toby Pollard, Councilman Present
Joe Agnew, Councilman Present
Tom Bogan, Councilman Present
John Dillard, Councilman Present
Joel Marks, Mayor Pro-tem Present
and with six present, a quorum was established and the following items were addressed:
PRESENTATION OF THE COLORS BY THE COLONY HIGH SCHOOL
R.O.T.C.
The Colony High School R.O.T.C. presented the colors.
1. PLEDGE OF ALLEGIANCE - THE COLONY HIGH SCHOOL R.O.T.C.
2. PRESENTATION BY WORLD WAR II COMMEMORATIVE COMMITTEE
Bill Longo read a letter from the Department of the Army notifying him that The
Colony had been designated a World War II Commemorative Community. Members of the
R.O.T.C. displayed a commemorative flag to be displayed at City Hall. Mr. Longo then
stated that Mayor Manning had been named an honorary member of the Commemorative
Committee and presented him with a lapel pin. Josh Comstock, R.O.T.C. member
presented Mayor Manning with a certificate which had been signed by Secretary Les Aspen
and which will also be displayed at City Hall.
Mayor Manning said this is an important event in our history and thanked Mr. Longo
for his work toward this effort.
10. CONSIDERATION OF A RESOLUTION SUPPORTING PROPOSITION 12
RELATING TO THE DENIAL OF BAIL FOR PERSONS ACCUSED OF
VIOLENT OR SEXUAL OFFENSES
Mayor Manning read the entire resolution as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS SUPPORTING PROPOSITION NO. 12 ON THE
BALLOT, AN AMENDMENT TO ARTICLE I, SECTION lla OF THE
TEXAS CONSTITUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas, is concerned about rising levels of violent
and sexual crimes in our communities; and
WHEREAS, an amendment to the Texas Constitution relating to the denial of bail
to certain persons charged with certain violent or sexual offenses will appear as Proposition
No. 12 on the November 2, 1993 Ballot; and
WHEREAS, upon full consideration of all matters in connection with Proposition No.
12, the City Council of the City of The Colony is of the opinion that this Constitutional
Amendment is in the best interest of the City of The Colony and its citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1
That the City Council of the City of The Colony, Texas, hereby supports and endorses
Proposition No. 12 on the November 2, 1993 Ballot, which states "The constitutional
amendment permitting the denial of bail to certain persons charged with certain violent or
sexual offenses committed while under the supervision of a criminal justice agency of the
state or a political subdivision of the state."
Section 2
That this Resolution shall be and become effective immediately upon and after its
adoption and approval.
PASSED AND APPROVED THIS THE 18TH DAY OF OCTOBER, 1993.
William W. Manning, Mayor
Jennifer Parsons, 5028 Nash Drive, The Colony; Lynn Raines, 2821 Crest Ridge,
Dallas; and Matt Harnest, 9508 Heron Drive, Dallas, all addressed the council in support
of Proposition 12. All cited specific occurrences in which this proposition, had it been in
place, might have saved someone from being a victim of a violent crime. Mr. Harnest read
a press release from Senator Jane Nelson, also supporting Proposition 12.
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Motion to approve the resolution supporting Proposition 12 - Agnew; second - Dillard.
Motion carried with a unanimous roll call vote.
3. PRESENTATION OF CERTIFICATES OF SERVICE
Chief Van Morrison recognized two citizens, Davy Sanchez and Frank Armijo for
their recent donation to the Fire Department. Chief Morrison said Davy, a volunteer fire
fighter, and his father, Frank had constructed 12 backboards for the cost of materials only,
thereby saving the department at least $900.00.
Mayor Manning then presented Mr. Sanchez and Mr. Armijo with Certificates of
Service to thank them for their contribution, stating it is people like them that keep our city
going.
4. MAYORAL PROCLAMATION DECLARING NATIONAL BUSINESS WOMEN'S
WEEK
Mayor Manning read the proclamation in its entirety as follows:
WHEREAS, working women constitute 43 million of our nation's work force and are
constantly striving to serve their communities, states and nation in civic and cultural
programs; and
WHEREAS, the major goals of business and professional women are to help create
better conditions for business women through the study of social, educational, economic and
political problems; to promote service to the community; and to further friendship with
women throughout the world;
WHEREAS, the members of the Texas Federation of Business and Professional
Women's Clubs join with the members of various business and professional women's clubs
throughout our nation in observing the week of October 18th through 22nd, 1993 as
National Business Women's Week.
WHEREAS, it is fitting and proper that we recognize the contributions and the
leadership exhibited by the working women throughout the state of Texas.
NOW, THEREFORE, I, William W. Manning, Mayor of The Colony, Texas, proclaim
October 18 - 22, 1993 as
NATIONAL BUSINESS WOMEN'S WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City of The Colony, Texas to be affixed this 18th day of October, 1993.
William W. Manning, Mayor
Joyce Marshall, president of Trendsetters chapter of Business and Professional
Women in The Colony accepted the proclamation. Ms. Marshall noted that Proposition 12
is an issue that is very important to their group also.
5. MAYORAL PROCLAMATION DECLARING PHARMACY WEEK
Mayor Manning read the proclamation in its entirety as follows:
WHEREAS, quality and affordable health care is a concern of every Texan; and
WHEREAS, an integral part of quality health care includes drug therapy which is
increasingly more sophisticated; and
WHEREAS, more than 13,000 practicing pharmacists in Texas daily apply their five-
years or more of training and education to dispense medications and to monitor prescription
and non-prescription medications for the correct dosage as well as possible allergic and drug
interactions; and
WHEREAS, these professional pharmacists counsel patients to help assure the
maximum benefits of both prescription and non-prescription medications; and
WHEREAS, public opinion polls consistently rank pharmacists among the most
highly-respected professionals for their unselfish gifts of time, knowledge, and talent to
advise the public on health concerns.
NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony,
Texas do hereby proclaim the week of October 24 - 30, 1993 as:
PHARMACY WEEK
in the City of The Colony, Texas and urge all citizens to acknowledge and utilize the
expertise of pharmacists whose skills, concern, and knowledge contribute to the health and
well-being of this community.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of The
Colony, Texas to be affixed this 18th day of October, 1993.
William W. Manning, Mayor
This proclamation will be mailed to: Texas Pharmacists United in Patient Care.
6. MAYORAL PROCLAMATION DECLARING FEZZ AND FUZZ RODEO DAY
Mayor Manning advised that this proclamation had been presented to Mr. Catfish
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Montgomery representing the Shriner's last week and is being read now for public
information. He read the proclamation in its entirety as follows:
Mayor Manning read the proclamation in its entirety as follows:
WHEREAS, Shriner's Hospitals for Crippled Children provide total hospital care for
crippled and burned children regardless or race, creed, or religion at no charge; and
WHEREAS, there is a burns hospital in Galveston and a crippled children's hospital
in Houston, treating all Texas children; and
WHEREAS, the Dallas Police Department and Hella Shrine Temple annually sponsor
a Rodeo that will be held at Mesquite Rodeo Arena on Saturday, October 23rd; and
WHEREAS, the proceeds from this rodeo will stay in Texas to benefit all Texas
children through the Shriner's Hospital for Crippled Children,
NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony,
Texas and on behalf of The Colony City Council do hereby proclaim Saturday, October 23,
1993 as
FEZZ and FUZZ RODEO DAY
and urge all citizens and their children to participate in this worthy event of so great benefit
to the burned and crippled children of Texas.
William W. Manning, Mayor
8. CONSIDERATION OF APPOINTING A TAX ATI'ORNEY
Bill Hall advised that the city has been using a tax attorney in Round Rock, Texas
for several years, and that recently the firm of Cowles & Thompson has approached us
regarding handling that for us. Mr. Hall noted that Pete Eckert, our City Attorney is with
that firm and that Ed Fields also with that firm is present to go over their proposal.
Mr. Fields stated there are about 100 lawyers in the firm with offices in Dallas
Sherman and Temple. He said they do have the capabilities to do delinquent tax collection
and can officer timely response to the City. Mr. Fields said Mr. Eckert has built a good
rapport with the staff of The Colony.
Mr. Hall advised there would be no cost involved because legislation states that a
15% fee is added to the amount which is to be paid and that 15% is paid to legal counsel
for collecting the taxes.
Councilman Marks asked what kind of collection rate the firm had and Mr. Fields
said they expect a 100% collection rate.
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Motion to designate Cowles & Thompson as tax attorney for the City, as recommended by
staff- Pollard; second - Dillard. Motion carried with a unanimous roll call vote.
7. ELECTION OF DEPUTY MAYOR PRO-TEM
Councilman Agnew nominated Councilman John Dillard to serve as Deputy Mayor
Pro-tem. Councilman Pollard moved that nominations cease.
Motion to elect Councilman Dillard as Deputy Mayor Pro-tem by acclamation - Bogan;
second - Marks. Motion carried with a unanimous roll call vote.
9. CONSENT AGENDA
Mayor Manning summarized the items on the consent agenda.
A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE
COUNCIL MEETINGS HELD SEPTEMBER 27 AND OCTOBER 4, 1993
Motion to approve the minutes as written - Agnew; second - Dillard. Motion carried with
a unanimous roll call vote.
B. CONSIDERATION OF A RESOLUTION AUTHORIZING THE MAYOR
TO EXECUTE A COOPERATIVE PURCHASING AGREEMENT BETWEEN
THE CITY OF THE COLONY AND DENTON COUNTY
Councilman Marks asked who would be responsible for monitoring this contract. Mr.
Hall explained this just allows the city to purchase through the Denton County bid for the
specific items listed in the agreement and that Tom Cravens would be the Department Head
utilizing the items in the agreement.
Motion to approve the resolution - Marks; second - Bogan. Motion carried with a
unanimous roll call vote.
C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR
THE PURCHASE OF A COMPUTER SYSTEM FOR THE POLICE
DEPARTMENT, INCLUDING A COURT SYSTEM, AND APPROVAL OF AN
ORDINANCE AUTHORIZING THE CONTRACT FOR SAME
Councilman Agnew asked (1) If the price included conversion of data from existing
system and if there is some way to retain the information the police department has
collected; and (2) what we get for the cost of maintenance.
Mr. Bob Zais representing D.B. Information Systems said the first year maintenance
is at no cost and thereafter the charge includes new releases, updates and customer support
assistance. He said they have asked for a modem so they can dial in and do maintenance
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through remote access. He noted the license fee is a one time expense. Mr. Zais said the
conversion cost of $3200.00 is an estimate as a "not to exceed" charge. He said they really
don't know the scope of the project but that they will work with the staff to get all the
conversion completed.
Councilman Agnew said he was impressed with the system and that it is all
compatible with the city's over all technology plan.
Motion to accept the bids and award the bid to D.B. Information Systems as recommended
and to approve the ordinance as written - Agnew; second - Bogan. Motion carried with a
unanimous roll call vote.
D. CONSIDERATION OF APPROVAL OF THE RENEWAL OF A
CONTRACT WITH METROCREST MEDICAL SERVICES FOR CONTINUING
EDUCATION AND MEDICAL CONTROL
Councilman Dillard asked why the increase and Richard Best, Executive Director for
MMS said this reflects the actual cost of providing services to the fire department. Mr. Best
said MMS is a non-profit organization supported by several area hospitals and with current
concerns regarding health care changes some of the hospitals have dropped out of the
support group. He said the cost is only to cover salaries.
Motion to approve renewal of the contract - Dillard; second - Pollard. Motion carried with ~.
a unanimous roll call vote.
E. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT FOR
THE FOLLOWING POSITIONS: CUSTOMER SERVICE CLERK, FIRE
FIGHTER AND PUBLIC WORKS EMPLOYEE
Motion to approve the advertisements as recommended - Agnew; second - Dillard. Motion
carried with a unanimous roll call vote.
F. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR
THE RE-PAINTING OF THE OVERHEAD STORAGE TANK ON NORTH
COLONY BOULEVARD AND APPROVAL OF AN ORDINANCE
AUTHORIZING CONTRACT FOR SAME
Bill Hall said items F, G and H all relate to the painting of the outside of the
overhead storage tank on North Colony Blvd. He stated bids had been received for the
project and the low bid by Aubrey R. Walker is well under what had been projected. Mr.
Hall said while all references are good, the only work done by the contractor is on ground
storage tanks, not elevated storage tanks. He said staff had hoped to have concerns
answered today, but as yet those answers have not been received. Going on, Mr. Hall said
that at this time, staff is not comfortable with recommending the low bidder for this project
and recommends postponing items F, G, and H until the November 1, 1993 meeting. He
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said staff will be able to make a recommendation at that time regarding how to handle this
project. He did state the second lowest bidder is over the estimate for the project and that
staff does not feel that avenue should be recommended in light of the other jobs which are
to be paid for from the same fund.
Motion to postpone until November 1, 1993 - Bogan; second - Dillard. Motion carried with
a unanimous roll call vote.
G. CONSIDERATION OF APPROVAL OF A CASH TRANSFER FROM THE
1988 WASTEWATER CONSTRUCTION FUND
Motion to postpone until November 1, 1993 - Bogan; second - Dillard. Motion carried with
a unanimous roll call vote.
H. CONSIDERATION OF APPROVAL OF TWO 1993-94 UTILITY FUND
BUDGET AMENDMENTS FOR THE RE-PAINTING OF THE OVERHEAD
STORAGE TANK ON NORTH COLONY BOULEVARD
Motion to postpone until November 1, 1993 - Bogan; second - Dillard. Motion carried with
a unanimous roll call vote.
12. CONSIDERATION OF REPAIR OF WELL SITE NUMBER ONE
Mr. Hall advised that during the budget work sessions there had been discussion of
potential problems with well site number one and that since that time the pump at this
location has gone down. He said Layne-Texas estimates repairs at $39,199.00, which will
be in addition to the $10,000 for pulling the pump, making the total cost of placing this well
site back in operation at $50,000.00.
Mr. Hall said with cost of Dallas water being based on the "two-part" rate, the cost
of increasing the rate-of-flow controller an additional 500,000 gpd (.5) will cost $124,109 per
year. Repairing the pump at a cost of $50,000 would result in a savings of $30,000 per year
in electrical cost and $10,000 in chlorine. He said this means it would cost $80,000 per year
to shut down the well and go to Dallas water. Staff recommendation is to repair well site
number one with funding from the $99,000 Water Contingency fund, which will still leave
money in the fund for the repainting of the elevated storage tank and the by-pass at Office
Creek. Mr. Hall did recommend holding off on the by-pass until the actual cost of the
repainting of the elevated storage tank is known.
Mayor said we need to decide if we want to repair this well site. Councilman Bogan
said as long as there is debt on the wells, we need to use them but that he would like us to
use a minimum of well water in the winter, and that when the wells are paid off, switch to
Dallas water.
Councilman Dillard asked about the cost to the customers to switch to all Dallas
water and Mr. Hall said the bills would probably triple. Councilman Dillard said the wells
need to kept as back-up. Councilman Pollard noted that if all 3 wells were down the
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$125,000 demand rate would be tripled and asked about the pump being put at 860' instead
of 1000'as it had been before. Tom Cravens said he is comfortable with the 860' depth.
Councilman Marks said the wells are assets and they need to kept in good repair.
Motion to repair well site number one - Bogan; second - Agnew.
Amended motion, funds to be taken from the Utility Construction Fund - Bogan; second -
Agnew.
Councilman Marks asked if the repair cost is $39,199 plus $8,000 as indicated in the
memorandum. Tom Cravens said the maximum for repair will be $40,000, noting the cost
for pulling the pump is actually $10,000 not $8000, and that will be taken from his line item
budget for maintenance. Bill Hall said we need to establish a $40,000 maximum.
Amended motion to establish $40,000 maximum - Bogan; - second - Agnew. Motion as
amended carried with a unanimous roll call vote.
11. DISCUSSION OF THE EXPIRATION OF RESOLUTION 92-08 WHICH
ESTABLISHED A HIRING FREEZE FOR THE 1992-93 FISCAL YEAR
Mayor Manning said the council needs to allow staff to fill budgeted positions
without coming to the council every time for approval. He continued, stating that ----.,
Resolution 92-08 has already expired, but that staff has continued to request council
approval until we take some action. Councilman Marks asked if it would be a problem to
continue the freeze. Mr. Hall said it is cumbersome and causes delays in hiring up to
several weeks. Mr. Hall went on to say the council approves the budget, staff carries out
the budget and staff would not fill a position that is not authorized.
Mayor said the council can get the same information through the City Manager's
report. Councilman Bogan agreed stating the freeze should have been lifted long ago, but
going on to say he would like to be kept apprised of changes in personnel.
Councilman Pollard asked if the manpower document discussed during the budget
process could be provided to the council on a quarterly basis. Mr. Hall said this document
will be in the printed budget and that it will not change until the next year. Councilman
Agnew said he would like to see actual numbers and Mr. Hall said that can be provided and
that he would like council to be aware of the attrition rate, which he noted is very high right
now.
13. CITIZEN INPUT - None
14. COUNCIL COMMITTEE REPORTS
Aquatic Park Enhancement Committee - Councilman Dillard reported they will meet
next week.
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15. CITY MANAGER'S REPORT
1. Mowing Department will be established as of November 1, 1993. This is a
joint effort of the Public Works and Park and Recreation Departments. It will be an
exclusive mowing crew under Mr. Cravens' supervision.
2. Final response to the Andersen Study is complete and will be filed in the City
Secretary's office and the Library. Staff will continue to work on and carry out some of the
recommendations in the study.
3. An update report on the Goals and Objectives document adopted by the
council in May will be done shortly. There are several items which have been completed.
Staff appreciates the council's input in helping to accomplish these goals·
4. A stop sign at Clover Valley and Worley will be installed as soon as the
warning signs are received· Mr. Cravens said this should slow down traffic along Clover
Valley.
5. In response to a concern of the residents on Baker and Painter, a street light
has been repaired and another will be installed. There used to be another light, which had
been taken down and not replaced·
6. The R.O.T.C. left tickets to the Trail of Fears at Ranchland. This raises
money for scholarships for all three R.O.T.C. units·
7. Rep. Ben Campbell will be holding a Town Hall meeting on October 28, 1993
from 7:00 to 9:00 p.m. in our Council Chambers to discuss the propositions on the upcoming
November 2, 1993 ballot.
8. Council needs to get with Ms. Hicks regarding schedule of upcoming meetings.
With no further business to address, Mayor Manning adjourned the meeting at 9:00
p.m.
· 'a .-a ' g, Mayor
Patti A. Hick~, TRM~, City Secretary
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