HomeMy WebLinkAbout02/26/1996 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
FEBRUARY 26, 1996
The Regular Session of the City Council of the City of The Colony, Texas was called to order
at 6:50 p.m. on the 26th day of February, 1996, at City Hall with the following Council mil call:
William W. Manning, Mayor Present
Bill Longo, Councilmember Present
Mary Watts, Councilmember Present
Kay Hardin, Councilmember Present
David McCreary, Councilmember Absent (illness)
John Dillard, Councilmember Absent (Business)
G. David Heiman, Councihnember Present
and with five present, a quorum was established and the following items were addressed:
6:51 p.m. Recess
6:52 p.m.
1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 REGARDING
PERSONNEL AND SECTION 551.071 REGARDING LITIGATION, TO-WIT:
A. INTERVIEW FOR BOARD APPOINTMENTS
B. POTENTIAL LITIGATION:
CARNIERO
SURE MICRO
7:20 p.m. Reconvene
4. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT
OF THE EXECUTIVE SESSION
A. BOARD APPOINTMENTS
Mayor Manning announced that no appointments would be made at this time. He
instructed the City Secretary to re-advertise and advised that it is the desire of the council that
all members of council be present to interview all the applicants. Interviews will be re-scheduled
for the current applicants and any new applicants at a later date.
7:21 p.m. Recess
1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 REGARDING
PERSONNEL AND SECTION 551.071 REGARDING LITIGATION, TO-WIT:
B. POTENTIAL LITIGATION:
CARNIERO AND SURE MICRO
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7:51 p.m. Reconvene
INVOCATION - Rev. McBride - Friendship Baptist Church
2. PLEDGE OF ALLEGIANCE
3. CITIZEN INPUT - None
4. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT
OF THE EXECUTIVE SESSION
B. POTENTIAL LITIGATION - CARNIERO
Motion to authorize the City Manager to proceed with obtaining an appraisal of the
easement - lteiman; second - Hardin, carried with a unanimous roll call vote.
SURE MICRO
Motion to authorize the City Manager to negotiate a settlement with Sure Micro - Hardin;
second - lteiman, carried with a unanimous roll call vote.
5. CONSENT AGENDA
A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL
MEETINGS HELD JANUARY 15 AND 20, 1996
Motion to approve the minutes as written - Hardin; second - Longo, carried with a
unanimous roll call vote.
B. CONSIDERATION OF APPROVAL OF'A JOINT ELECTION AGREEMENT
WITH LEWISVILLE INDEPENDENT SCHOOL FOR THE MAY 4, 1996 ELECTION
The City has entered into an agreement with LISD for the past several years. This
agreement allows the city and LISD to use the same polling places, judges and clerks for
the election, thus saving expenses for both entities
Motion to approve the agreement - Hardin; second - Longo, carried with a unanimous roll
call vote.
C. CONSIDERATION OF RENEWAL OF AN AGREEMENT WITH FUNSCAPE
INC. FOR THE OPERATION OF THE "SATURDAY N1TE OUT" PROGRAM AT THE
RECREATION CENTER
This program has been operating in The Colony since 1992, serving over 28,796 kids.
Staff recommends approval of this agreement.
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Motion to approve renewal of the agreement - Hardin; second - Longo, carried with a
unanimous roll call vote.
D. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE
PURCHASE OF TWO ROTARY MOWERS, AND APPROVAL OF AN ORDINANCE
AUTHORIZING CONTRACT FOR SAME
Bids were opened and read publicly for rotary mowers on February 5, 1996 as follows:
Jacobsen Tractor $8429,00
Goldthwaites $9690.00
Masterturf & Tractor $9443.00
Staff has reviewed the bids and has recommended awarding the bid to Jacobsen for the
purchase of two mowers to be used at Parks & Recreation and at Hidden Cove Park.
Motion to accept the bids and award as recommended by staff and to approve the
ordinance as written - Hardin; second - Longo, carried with a unanimous roll call vote.
6. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 16.1 OF THE CODE
OF ORDINANCES RELATING TO PERSONNEL POLICES AND PROCEDURES, BY
THE ADDITION OF CHAPTER X RELATING TO ADOPTION OF ALCOHOL AND
DRUG TESTING REGULATIONS FOR EMPLOYEES WHO POSSESS
COMMERCIAL DRIVERS LICENSES
The above ordinance has been prepared as a result of cooperation of the Personnel
Director and the City Attorney. This will bring the city into compliance with title 49 code of
Federal Regulations. Staff and the attorney recommend approval upon first reading.
Mr. Smith advised this ordinance has been prepared directly from Federal Law, and that
we can expand on the law if we desire at a later date.
Mayor Manning suggested suspending with normal rules to read an ordinance twice and
to pass this one on first reading. There was a brief discussion about how our policy reads now.
Ms. Burkett said each case is evaluated individually and Councilman Heiman said it is important
to treat all employees the same.
Motion to approve the ordinance as written on f'wst reading - Longo; second - Hardin,
carried with a unanimous roll call vote.
7. RECEIVE REPORT AND CONSIDERATION OF ANY ACTION APPROPRIATE
RELATING TO THE REPAIR AND OR REPLACEMENT OF THE SEWER TRUCK
The existing sewer truck (jet truck) is in serious disrepair. Mr. Smith advised the truck
is not working and that he is asking the council to allocate funds for an emergency expenditure,
noting that the bid process can be waived due to an emergency. He went on to say using the
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private sector to handle sewerage blockages takes too long and that really we need to use the
truck for routine preventative maintenance on the lines. Mr. Smith said we have a truck that can
pull the trailer mounted unit and that next year we may ask for a new 3/4 ton truck to pull the
unit.
George Figueroa, Water Superintendent said a truck mounted unit would be more
convem'ent, but a trailer mounted unit would be satisfactory. Tony Johnston, Finance Director
reminded the council that they had approved a transfer of $100,000 for equipment into the
General Fund and some of that money could be used for this purchase.
Councilman Heiman asked for a comparison of what it would cost to use this equipment
in house versus the cost to have the work contracted. He said he does not see sewer clean out
as a core function of the City. Mr. Smith stated that it is a responsibility of the city and it can
be done cheaper in house, but that staff will research it again. Councilman Heiman said he wants
a comparison of every associated cost to the city on a year to year basis and how that compares
to the contract cost.
Wayne Radisill with Underground, Inc. said his company not only sells this equipment
but they mn a contracting firm. He advised that a company may come in and mn the entire 76
miles of sewer as a maintenance project, but then when there is a blockage they would have to
be called back out. He said owning the machine would allow constant maintenance and trouble
shooting. Mr. Figueroa said if the city is in a position where we cannot take care of a blockage
we can be penalized by the Health Department.
Councilman Longo said routine maintenance on this equipment had stopped which is the
reason the equipment is not working. He said the chassis only has 20,000 miles on it and asked
if we can put a new unit on the old track instead of a trailer. Mr. Radisill said in the long mn
that would be costlier but it could be done.
General discussion followed regarding life of the equipment and cost difference between
in-house and contracting this service. Mr. Figueroa clarified that it would take two persons
approximately two days a week to mn maintenance with this equipment and other times they
would be doing other things. He said he contacted four companies for prices and only two
responded. Mr. Smith said we will fred the best price.
Motion to approve a resolution authorizing an emergency expenditure of funds, not to
exceed $27,000, changing the word truck to equipment - Watts; second - Hardin, carried
with the following vote:
Aye - Longo, Watts, Hardin, Manning
No - Heiman
8. APPOINTMENT OF LAKE SAFETY COMMITTEE FOR THE CITY OF THE
COLONY
Councilman Watts said an ad hoc committee had been established but nothing had
happened and she requested this item be placed on the agenda so a formal committee can be
established to address needs in our community. She said the members should come from Police,
Fire, Parks & Recreation, Hidden Cove Park and perhaps citizens. Mayor Manning asked the
press representative if an article could be in next week's paper. Mr. Smith suggested including
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the new Public Services Director and Pam Nelson suggested a Park board member be a part of
the committee. Chief Morrison suggested including a representative from the Corps of Engineers.
A meeting of the committee may be scheduled for the week of March 11, 1996.
9. CITY MANAGER AND STAFF REPORTS
* Mr. Smith is preparing a memo to council responding to several questions that
have come up lately.
* We are going to attempt to implement E-mail for all Councilmembers for faster
and easier communication between council and staff.
Councilman Heiman asked if the pool fees have been addressed and asked to have that
placed on the next agenda for discussion. Councilman Watts said the Fees Committee needs one
more member and asked if he (Hem) would be interested in serving. Mayor Manning noted
the committee has to review all fees and they need some time to accomplish that.
Councilman Hardin asked about the Texas Waste Management rate increase. Mr. Smith
said he is waiting for further information from them before he brings it to the council.
Councilman Heiman asked what the status on the golf course is. He said it seems that
the full council is not receiving all the information about the course. Mr. Smith said council has
received everything staff has received. Mayor Manning suggested that he (Heiman) discuss this
with Councilman Watts who is a member of the EDC.
9:01 p.m. Recess '""
1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 REGARDING
PERSONNEL AND SECTION 551.071 REGARDING LITIGATION, TO-WIT:
C. UPDATE FROM CITY MANAGER REGARDING VACANCIES:
POLICE CHIEF
PUBLIC SERVICES DIRECTOR
BUILDING OFFICIAL
9:39 p.m. Reconvene
With no action needed as a result of the executive session and no further business to
address, Mayor Manning adjourned the meeting at 9:40 p.m.
A ~OVED:
William W. Manning, Mayor ~
Patti A. Hicks, TRMC, City Secretary m