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HomeMy WebLinkAbout01/09/1978 City Council 000126 MINUTES OF REGULAR MEETING THE CITY OF THE COLONY DENTON COUNTY, TEXAS JANUARY 9, 1978 THE STATE OF TEXAS ) ) COUNTY OF DENTCN ) The City Council of the City of The Colony, Denton County, Texas, convened in regular session, open to the public, at the north end of the First Baptist Church in the City of The Colony, Denton County, Texas, at 7:30 P.M., Monday, January 9, 1978, and the roll was called of the members of the council, to wit: Luis Guerrero Mayor Linda Adams Alderman Cathy Bock Alderman Dave Dall Alderman Joe Gaulden Alderman Sandra Shearer Alderman and all members were present with the exception of Mayor Luis Guerrero; however, a quorem was established. Also present were Bill Davis and John Freeman, attorneys for the City; Janice Carroll, City Secretary; and members of the public. The meeting was called to order by the Mayor Pro Tem, Linda Adams. Mayor Pro Tem Adams welcomed the unusually large crowd. The first agenda item considered by the City Council was the approval of the minutes for the Regular Meeting of December 5, 1977, the Special Session of December 10, 1977, and the Special Meeting of December 28, 1977. Mayor Pro Tem Adams 000127 asked if there were any corrections. Alderman Bock asked that the December 5, 1977 minutes be changed to reflect that she was not in attendance at this Regular Council Meeting. It was so noted. There being no further corrections, Alderman Bock moved that the minutes be approved as corrected. Alderman Shearer seconded the motion. The motion was carried by the following vote, Ayes: All members present voted aye Noes, None Before proceeding, Mayor Pro Tem Adams requested that agenda item number four be presented prior to agenda item number two. She explained that the City Treasurer, Tony Marchioli, had an eight-thirty appointment on City business. The Council agreed to this change. Mr. Marchioli was then given the floor to present the quarterly budget report covering the months of October, November, and December of 1977. Mr. Marchioli stated that, prior to the quarterly report, he would like to present to the members of the public a recap of the first operating budget which was in effect for the period of May through September of 1977. He stated the City's income was $20,625.00 which was a Texas Power and Light Franchise Fee. He showed the expenditures of the City by departments. The budgeted amounts were as follows: General Government, $7,800; Police Department, $5,300; City Secretary, $2,200; Animal Control, $1,000; Municipal Court, $750. A $5,000 surplus was planned. The actual expenditures were as follows: General Government, $7,800; Police Depart- ment, $5,600; City Secretary, $2,200; Animal Control, $153; Municipal Court, $779. The actual surplus amount was $2,500. Mr. Marchioli then presented the quarterly report. He told the members of the public that in the month of December the City began to realize a positive cash flow status. Giving 000128 the position of each department, he stated that the General Fund stayed at the planned rate of expenditure with the amount spent for the three month period being $8,236.63. The Police Department and the City Secretary Department are below their projected expenditures at this report, spending $8,361.90 and $4,168.74, respectively. The Animal Control expenditures are in the amount of $1,792 which is as planned and the Municipal Court has spent $70.83, which is a nominal amount. This is a total expenditure of $22,630.00. The total cash and revenue for this period is $30,835.00 which includes a $10,000 loan from Lewisville National Bank. Mr. Marchioli stated he had little time for questions, but that there are forms available to the members of the audience and he assured them their questions would be answered within forty-eight hours. Jerry Pierce was recognized and stated that he was concerned by the $750.00 expenditure credited to the Municipal Court in the five month budget. Marchioli answered that it was primarily for legal publications. Mr. Pierce also asked when the City expected to pay back the loan. Marchioli answered that the City hoped to have the loan paid back in January. At this time, because of the unusually large crowd, Mayor Pro Tem Adams announced that there would be a short recess so that the meeting could be moved to the sanctuary of the church. Upon reconvening Reverend Tinsley reminded those present that this room was dedicated to worship and to respect this. Proceeding to item two of the agenda, Mayor Pro Tem Adams read the resignation statement presented to the City Council by Mayor Luis Guerrero. Mayor Pro Tem Adams then read a prepared statement accepting the resignation. There being 000129 no comments by the members of the Council. Mayor Pro Tem Adams asked for a motion to accept Mayor Guerrero's resig- nation. Alderman Bock so moved. Alderman Dall seconded the motion. The motion was passed by the following vote, Ayes, All members present voted aye Noes: None At this time Mayor Pro Tem Adams explained the two courses of action that the Council could take at this time. The Mayor Pro Tem would serve until the April election, at which time a Mayor would be elected to fulfill the remaining term. As the alternative, the Council could appoint someone to the office of Mayor. At this time Alderman Bock moved that Mayor Pro Tem Adams serve until a new Mayor is elected in April, 1978. Alderman Gaulden seconded the motion. The motion was carried by the following vote, Ayes, All members present voted aye Noes, None There followed a brief discussion of election procedures. Item three of the agenda was the creation of the position of Magistrate by ordinance. Attorney Davis explained that this must be done by a general law city when the Mayor is not serving in this capacity. Mayor Pro Tem Adams reviewed the ordinance for the members of the audience. Alderman Shearer moved that the ordinance be approved. Alderman Dall seconded the motion. The motion was carried by the following vote: Ayes: All members present voted aye Noes: None At this time Bill Longo was recognized and asked who intro- duced the ordinance. Mayor Pro Tem Adams answered that the lawyers actually wrote the ordinance but that she did introduce it. 000130 The appointment of a person to fill this position was the second step in this procedure. Mayor Pr° Tem Adams asked for nominations. There was only one nomination, Luis Guerrero. Alderman Shearer moved that the City Council appoint Luis Guerrero as Magistrate to serve until the April election. Alderman Gaulden seconded this motion. Before voting, Mayor Pro Tem Adams asked for comments. Gene Pollard was recognized and asked if Luis Guerrero had a legal back- ground. Mayor Pro Tem Adams replied that he did, and also he has been serving in this capacity. Attorney Davis stated that Luis Guerrero did have a law degree. After some dis- cussion Alderman Bock moved that the appointment be tabled for further study. Alderman Dall seconded the motion. The motion was carried by the following vote: Ayes: Alderman Dall and Alderman Bock Noes: Alderman Shearer and Alderman Gaulden There being a tie, Mayor Pro Tem Adams cast the deciding vote which was "aye." The motion was passed. Texas Power and Light was the fifth agenda item. Mayor Pro Tem Adams introduced Mr. Boyd Williams, District Manager of Texas Power and Light, who introduced Mr. Jack Crampton to read a prepared statement bringing the Council up to date as to why Texas Power and Light feels this 18% overall rate increase is needed. Upon conclusion, Mr. Crampton asked for questions from the Council members. Alderman Shearer asked how they arrived at an average increase of 18%? Mr. Crampton answered that it was based on a test year -- in this case it was 1977. Mr. Williams further explained that the figure is an average of all increases: 25.4% residential~ 14.7% com- mercial~ 15.2% industrial~ 23.4% municipal~ and 19.4% schools. After a brief discussion Alderman Dall moved that the Council suspend the rules and delay making a decision for a period of one hundred and twenty (120) days to allow the City adequate 000131 investigative time, at which time the Public Utilities Com- mission will have also reached a decision. Alderman Shearer seconded the motion. The motion was carried by the following vote: Ayes: All members present voted aye Noes: None At this time Mayor Pro Tem Adams explained to the members of the audience that this was a procedure used by most cities. Alderman Da]l assured the audience that rates will stay the same during this suspension. The final item considered by the City Council was the approval of the preliminary site plan of the Colony Square Shopping Center to be located at Colony Boulevard and Paige Road. Mayor Pro Tem Adams introduced Harry Hunsicker, the developer of this shopping area. Alderman Dall told the members of the audience that a copy of the site plan is at City Hall if they would like to see it. Alderman Dall then moved to accept the preliminary site plan as presented by Harry Hunsicker. Alderman Bock seconded the motion. The motion was carried by the following vote: Ayes: All members present voted aye Noes: None There being no further action to be taken by the Council, Mayor Pro Tem Adams asked for questions and comments from the members of the audience. Gary Shipley was recognized and reminded the Council that The Colony is primarily residential, therefore, Texas Power and Light is asking for a 25.4% rate increase. The Mayor Pro Tem recognized Evelyn Drury who asked if lignite coal was Texas Power and Light's primary source of fuel. Mr. Williams answered that they, of course, tried to ' 000182 use it, but all plants were used. He explained that Texas Power and Light uses a central dispatch system with readings of the entire line showing. Mrs. Drury asked if the gas and oil plants in the area can be converted to coal. No, they cannot; Texas Power and Light has five lignite plants and they are used as much as possible. At this time the public asked the Texas Power and Light representatives various questions regarding the profit made by ~the company in relation to this rate increase. Mr. Williams did state that Texas Power and Light paid a 6.75% return on its common stock last year, and the company showed a $46,000,000 gross income during the quarter ending September, 1977. Mayor Pro Tem Adams assured the members of the audience that all these matters will be studied by the Council. Charles Shaw was recognized and stated that in 1976 Texas Power and Light requested a 27% increase and received 43% ~of that. He asked what percentage of this was residential. Mr. Williams answered that residential was less than 3%. He explained that these percentages are based on the cost to serve. There followed questions regarding the lawsuit with Westinghouse and the cost of the public service announcements. Mr. Gene Pollard asked what exactly would happen if the rate increase is refused. Mr. Williams answered that there would possibly be a cut back in construction in growth, but services to the present customers would not be greatly affected. To summarize this lengthy discussion, Robert Brown asked the citizens to bear in mind that Texas Power and Light is asking for only what they need. 000138 Bill Longo was recognized and stated that he was ashamed of the Christmas Day occurence and appealed to the City Council to investigate the dismissal of.Police Officer Bob Hale. Mr. Longo felt that because the Police Department presently has no guidelines, this type of action should be approved by the City government. He also appealed to the Council to include on the ballot in April the issues of the marked versus unmarked car and the regulation uniform. Mr. Longo was also concerned with the Police Department's hiring procedure. He stated that Bob Hale was fired on December 25 and his replacement was hired on December 27. Also, Officer Hale was paid by federal funds and his replace- ment will be paid entirely from city funds. Mr. Longo asked for a ruling from the City Attorney on the appointment of Alderman Gaulden to Rick Chadwick's two-year seat on the Council. At this time Mayor Pro Tem Adams read a prepared statement on the firing of Officer Hale stating that the Council was aware and in agreement with Chief Beltran,s decision. Mayor Pro Tem Adams added that the Council did feel that the timing was unfortunate, and they will be working closely with the Police Department in the future. Bill Longo further stated that according to the Texas State Statutes, the City Secretary is the custodian of all records. -- If this is so, why was Officer Hale's file taken from City Hall? He added that he was there when Officer Hale was in the office and asked to see his file. He was told by Judy Gurley that it had been taken from the office. · 000134 Jack Wilson was recognized and asked what were the conditions surrounding the hiring of the new police officer. Mayor Pro Tem Adams answered~that Chief Beltran hired him. Tom Buxton reminded the citizens that much of this discussion relates to personalities and issues, but the main point is security and this has improved. Luis Guerrero was recognized. He explained to the citizens that federal funds (manpower) are based on certain criteria that Officer Hale was able to meet; however, it was allocated in the City budget to pick up his salary in February. Mr. Guerrero explained why, as Mayor, he took the file of Officer Hale to his home. He stated that the City Secretary is the custodian of files, with the exception of the personnel files in a situation such as this, and that the Mayor only has access to these files. He felt the office was not secure and wanted to maintain the sanctity of the file until it was determined who had access to it. Gene Pollard was concerned with the fact that Officer Hale purposefully worked without pay to meet one of the criteria to qualify for Manpower. He felt that this could be construed as defrauding the Federal Government. Glenda Endres asked that a rumor be clarified. She had heard that within two years The Colony will have no water. Rick Chadwick, Director of the Municipal Utility District, explained that the present well will last through 1979 and a second well will be drilled in January of 1979 that will serve until 1981. There followed a general question and answer period relating to Animal Control, the Police Department, and street lighting. 000135 A positive statement was made by S. Ray Brown who said that he felt that this type of citizen input is what our City government needs. Charles Shaw was recognized and asked the procedure relating to the position of Magistrate. Attorney Davis explained that according to the statutes governing a general law city, the Mayor can serve, but if this is not done, then the City must have an ordinance creating the post of Municipal Judge. Mr. Shaw felt that there are others in the community that would be qualified to serve. Alderman Dall explained that this did happen quickly and for this reason the Council did table the issue for further study. At this time Mayor Pro Tem Adams called a five minute recess prior to continuing past 9:30 P.M. as requested by Jim Faulkner, a member of the audience. Mayor Pro Tem Adams said that it had been Reverend Tinsley's request that the meeting not extend past 9,30 P.M., but that he has given his approval to extend past this time tonight. Upon reconvening Bill Longo told the Council that Justice of the Peace Sparks has offered the service of his office~ however, the City would not receive any revenue. Martha Kimberling stated that the Fire Department did have some emergency number stickers available and to contact the Fire Department if you need one. There followed a brief discussion of the slow response time of the City's Police Department, and the use of Reserve Officers for the protection of our police officers. Mr. Foreman asked why our fire marshall packs a firearm. Jim Faulkner, Fire Marshall, answered that he is a police officer and is required to carry a firearm~ but this has nothing to do with his position as Fire Marshall. 000136 A discussion followed on Animal Control. The Council reminded the citizens that these services cost money. Alderman Shearer stated that the average cost to a City to pick up and care for one animal is $17.00. Mrs. Willingham stated that she was told by the children in her block that the Animal Control Officer honks her horn prior to coming down a street so that the citizens can get their pets inside. Alderman Shearer stated that she would check into this. A brief discussion regarding deed restrictions and weed control was the final area covered. Alderman Dall stated that it is the City's intent to cover all deed restrictions by city ordinances. Jim Faulkner was recognized and answered the questions asked by hancy Reilly and Julia Perry. He stated that weeds and trash must be a fire hazard before he can handle this. Mayor Pro Tem Adams told the members of the audience to contact Janice Carroll, City Secretary, and she will see that the complaint is handled. There being no further action to be taken by the Council, Alderman Bock moved that the meeting be adjourned. Alderman Gaulden seconded the motion. The motion was carried by the following vote, Ayes, All members present voted aye Noes, None Mayor Pro Tem Adams adjourned the meeting at 10:25