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HomeMy WebLinkAbout09/10/1984 City Council 001830 Minutes of the City Council of the City of The Colony, Texas held on September 10, 1984 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. with the following members present: Larry D. Sample Mayor Rick Harris Councilman Noel Long Councilman Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman and with all members present, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge to the United States flag. 2. CITIZEN INPUT Mayor Sample signed up to speak regarding a quote in one of the local newspapers. He explained that the reporter had quoted his statement out of context. He apologized to the citizens that took offense to the statement but not to the person to which it was intended. Mr. Michael Lynch, 4921 Roberts Drive, asked if the Police Department could watch the speed in the alleyways, particularly the alley between Roberts Drive and Crawford. He says cars are constantly speeding in that alley and he fears for the children. He also asked the City Manager if she could contact Texas Waste Management regarding the oil that leaks from their trucks as well as the trash they are scattering up and down the alleyways. City Manager Carroll advised him she would speak to Texas Waste Manage- ment regarding these problems. Chief Ristagno advised him that his department would monitor his alleyway. Mr. Bill Longo, 5012 Middleton Circle, expressed his feelings regarding the crowd. He felt the Council should have anticipated the crowd and held the Council meeting in a larger facility, i.e. Fire Station #2. He accused Mayor Sample of denying citizens the right to speak before Council. He then gave a lengthy prepared statement. A copy of which is attached hereto as Attachment "A". Peggy Armentrout,no address given, saJd that she is a fairly new resident of the City and would like to see a "Childrens Awareness Week" to brJng the citizens attention to the school zones and the rights of the children. Richard W. McCarthy, no address given, said as a citizen , he was offended by the Mayor recent statement in the paper. He said it was in poor taste. David Phillips, 5025 Heatherington, spoke on the issue of inspecting rental properties. He asked if the same restrictions could be placed on owner occupied homes. Mayor Sample replied simply, homeowners are not in business, Landlords are. He went on to add, the City cannot regulate owner occupied properties. Mr. Phillips asked what could be done to see that owner occupied homes are cared for in a similar manner as rental properties are being required to. City Manager Carroll said th~s is a project the inspectors are preparing. They will choose a particular problem and then blitz the area. 00182 ., Mr. Joel Marks, made several statements as follows: 1) He suggested if Mr. Phillips is having a problem with a trashy neighbor, that he try writing an anonymous letter. It worked for him! 2) He suggested the Council take it easy and try to work with the Youth Organization. 3) He asked if the City would warn the workers on FM423 as well the the workers at the Fox & Jacobs construction sites to clean up their trash. 4) He suggested the Council come up with a liason between them and the citizens to deal with emotional issues, i.e. The Colony Youth Organization. 5) He wished the Council good luck. Mayor Sample said the Council has considered using the city channel #18 to advise citizens about new ordinances and other issues of interest. Chris Fabian, 4709 Jennings Drive, said he has talked to both parties regarding item #3 on tonights agenda. He feels there is a lot of neutral ground. He added, this City needs a City Hall and a Recreation Center and hoped the monies from the land sale could be used for both. 7. CONSIDERATION OF AMENDING ORDINANCE #287, REGARDING WATER RATIONING Mayor Sample read the following ordinance caption: CITY OF THE COLONY, TEXAS ORDINANCE # AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE NO. 287 PASSED ON THE 23RD DAY OF JULY, 1984, WHICH PROVIDES FOR REGU- LATIONS OF USE OF THE CITYS WATER SUPPLY; PROVIDING FOR NOTIFICATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY He referred to a letter from Sandra Shearer, President of The Colony Municipal Utility District Board of Directors. (A copy of said letter, is attached hereto as attachment "B") Councilman Amick then made a motion to approve this Ordinance allowing watering any day during the week but restricting use on weekends to odd/ even days. Seconded by Councilman Poole, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF AN ORDINANCE CHANGING THE ZONING FROM SPECIFIC USE CHURCH TO SPECIFIC USE DAY CARE ON A TRACT OF LAND GENERALLY LOCATED NORTH OF THE INTER- SECTION OF KEYS AND ANDERSON DRIVES Mayor Sample read the following ordinance caption: CITY OF THE COLONY, TEXAS ORDINANCE # AN ORDINANCE AMENDING ORDINANCE NO.61, THE COMPREHEN- SIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, GRANT- ING ~ ZONING CHANGE ON A TRACT OF LAND WHICH IS WITHIN THE CITY OF THE COLONY, TEXAS, AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM SPECIFIC USE PERMIT WITH ALLOWABLE USE OF A CHURCH TO SPECIFIC USE PERMIT WITH ALLOWABLE USE ONLY OF A DAY CARE CENTER; REQUIRING SITE PLAN APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT; REQUIRING DEVELOPMENT OF THE DAY CARE CENTER TO BE IN ACCORDANCE WITH ALL RELEVANT REGULATIONS; CORRECTING THE OFFICIAL ZONING 00183, MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORD- INANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN TWO HUNDRED DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGANCY AND PROVIDING AN EFFECTIVE DATE. Mayor Sample stated, the Council has already reviewed this ordinance as well as the plans for the center in depth and asked for a motion. Councilman Long made the motion to approve the Ordinance as written. Second- ed by Councilman Dodds, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDERATION OF SITE PLAN, PRELIMINARY AND FINAL PLAT FOR A DAY CARE CENTER GENERALLY LOCATED NORTH OF THE INTERSECTION OF KEYS AND ANDERSON DRIVES A representative of the Family Life Activity Center was present and showed the Council and members of the audience a rendering of their proposed building. There were no questions from Council regarding the site plan or plat. Mr. Steve Reed, Director of Community Services, advised the Council that the Planning & Zoning Commission has reviewed the site plan and the plat and that everything is in order. He went on to say, P & Z approved the pre- liminary and final plat as a single document on August 14th and the site plan was approved August 28th with no conditions or changes. With no further discussion, Council- man Poole moved to approve the site plan and the preliminary and~final plats as presented. Seconded by Councilman Dodds, the motion passed with the following roll call vote: Ayes: All members present voted aye Noes: None 3. RECEIVE PRESENTATION FROM THE COLONY YOUTH ORGANIZATION Mayor Sample recognized Mark Heatwole, a spokesman for the youth. He advised the Council and members of the audience, that during the last 10 days a petition has been circulated among the youth of this City showing their support for a recreation center in The Colony. He then presented the petition to Council and indicated it contained the signatures of 1,591 voters and youth. The Mayor then recognized Mr. Gary Herman, another spokes- man for the organization. He made the follwoing state- ment: We the citizens and registered voters of The Colony, Texas, petition the City Council to hold a special election to initiate an ordinance to establish a sequence in which the following should be built in The Colony, 1) Recreation Center, 2) Swimming Pool, 3) Library, 4) fire Station, 5) City Hall and 6) Park Improvements. Said election to be held so that the people of this community can best determine for the benefit of our City, that sequence. He presented the Council with his petition and indicated it contained the signatures of 2,242 registered voters in The Colony, showing their overwhelming support of this idea. Mayor Sample and Councilman Amick both addressed Mr. Herman regarding the items listed on his petition ad advised him these items as well as others were presently being consid- ered for a bond proposition. The Mayor addressed items such as a pedestrian overpass and road improvements. He went on to refer to Section 8.01 of the City Charter. It 00183 requires that certain criteria must be met in order to call an election by initiative. He referred to the state- ment in the Charter that reads as follows: Any initiated ordinance may be submitted to Council by a petition. What they have presented is not an ordinance. Councilman Amick moved to refer the petitions to the City Secretary, pursuant to Section 8.04 of the City Charter, in order to determine whether the petition is signed by the requiste number of qualified voters and to also refer the petition to the City Attorney, pursuant to Section 8.01 & 8.03 of the City Charter, for his review and evaluation with the return and report being made back to the City Council not later than September 20, 1984. His motion was seconded by Council- man Dodds. Mayor Sample then open the floor for dis- cussion. There was a brief discussion regarding the proposed City Hall. City Manager, Janice Carroll briefly reviewed Section 8.01 fo the City Charter. Council- man Poole reviewed some cost estimates on various items being considered for a bond proposition as well as the status of the current City Hall building. Councilman Long added his comments as to why this Council wants to build a new City Hall building. Councilman Amick read aloud a letter received from Mrs. Kay VanAlstyne, a citizen, who signed the petition. She requested her name be withdrawn from the petition. She said she wasn't aware at the time she signed it where the funds would come from to build a recreation center. (Attachment "E") The Mayor reviewed the power of initiative with Mr. Herman in depth and the audience so that there would be no doubt how it works. Mr. Herman replied" the petition stands" The petition was then read alound. Several citizens spoke expressing their feelings over the validity of the petitions presented. Mayor Sample recognized Mr. Doug Megredy. He introduced himself as a citizen and member of the Parks and Recreat- ion Board. He spoke briefly in defense of the Colony Youth Organization. He said he wasn't aware of a proposed bond issue himself until two weeks ago. As a member of the Park Board, he said he should be able to give input to anything that would affect park land. He implied that regardless of Section 8.01 of the Charter, the Mayor should consider the petition only as an opinion and not as a legal document. He claimed the City Hall would be built on park land and they would have to give up playing fields. He further claimed to have never seen any plans for the use of the land on North Colony or what would be done with said playing fields. He said communications is the problem. There should be communication between Council and City Staff with the various boards to get this kind of information out. Councilman Amick asked to clarify a few of Mr. Megredy's statements. He asked him if he was present at a joint meeting at which time a map was reviewed showing what was at that time called a Municipal Sports Complex. He added, the map also pictured the location of the City Hall building. Megredy replied, yes. After a brief discussion, Councilman Amick deter- mined that Mr. Megredy had in fact seen and was fully aware of the proposed plans. Mayor Sample added, there is a very destinct difference between an opinion and the power of initiative as described in Section 8.01 of the City Charter. 001880 Mr. Clay Farmer spoke briefly about the impact of growth in this City. He said where there is growth, there are kids and the City needs to provide some- thing to keep them off the streets, i.e. a rec. center. He then suggested a recall election for the Mayor may be the solution. There were numerous verbal attacks to various Council members. Councilman Poole reminded the audience that the spirit of cooperation has been missed and that this Council is more than willing to cooperate and work this out if given a chance to do so. Cathy Boch, 5425 Baker, spoke referring to a recent program at Griffin Middle School. She went on to say she fully supports the actions of the Council. Council- man Amick then read her letter aloud. (see attachment "C") After a lengthy d~scussion, Councilman Amick suggested the Youth Organization and the Council each select three members and have a series of committee meetings to attempt to resolve this issue to everyones satisfaction. Councilman Dodds read aloud a letter recieved from Mr. and Mrs. Johnny Spears in support of the Council's efforts. (See attachment "D") Councilman Long asked the audience if they would be willing to sign a petition to the Lewisville Independent School District to provide this City with two polling places rather than one. The reply was an overwhelming yes. Following another lengthy discussion, Councilman Amick asked Mr. Herman if the Youth Organization would consider withdrawing their petitions until the committee has met and attempted to discuss this issue. He went on to say, ~f the committee could not resolve the ~ssue, an Emergency meeting would be called specifically to have the petitions presented again. Mr. Herman asked to poll the members of the organization. He also asked what gaurantee they would have that the Council would in fact hold an Emergency meeting if needed. Councilman Amick advised him it would be a matter of public record and on the word of each Council member. He went on to make a motion of statement that the Council would put a hold on any expenditures of the land sale monies for a period of 60 days. Councilman Long added the Council would go no further than the schematics. Mayor Sample advised the organization, if they don't get the results they expect from the committee, the Council will put everything back in order, receive the petition and give it serious con- sideration. At this time, Mayor Sample called for a brief recess. Upon reconven~ng in open session, there was a brief discussion regarding the size of the committee and who would serve, both on the Council and the Youth Organization. At this point, Mr. Herman said they were willing to work with the Mayor and Council in hopes they could come to some agreeable solution. He then withdrew the petitions for a period of one week. If nothing can be resolved, they will present them again at a Emergency Session, Monday, September 17th. Councilman Dodds then made a motion to table any action on the acceptance of the petition. Seconded by Councilman Amick, the motion carried with the following roll call vote: Ayes: All members present voted aye Noes: None 0018,i0 Councilman Amick then moved to freeze any further actions regarding the building of a City Hall for a period 60 days. Seconded by Councilman Dodds, this motion carried as well with the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF APPOINTMENT OF A FIRM TO CONDUCT THE CITY AUDIT FOR THE 1983/84 FISCAL YEAR Councilman Dodds gave a brief report of the various firms that were interviewed. He and Councilman Harris both stated that they felt Deloitte,Haskins & Sells would do the best job. He then made a motion to appoint Deloitte, Haskins & Sells to conduct the City audit for the 1983/84 fiscal year. Seconded by Council- man Harris, the motion carried with the following roll call vote: Ayes: All members present voted aye Noes: None 8. WORK SESSION WITH THE PLANNING & ZONING COMMISSION TO CONSIDER REVISIONS TO THE CITY ZONING ORDINANCE Councilman Dodds made a motion to table this agenda item. Seconded by Councilman Long, the motion carried with the following roll call vote: Ayes: All members present voted aye Noes: None 9. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17 V.A.C.S. SECTION 2g REGARDING PERSONNEL Upon reconvening in open session, Councilman Dodds moved to adjourn the meeting. Seconded by Councilman Long, the motion carried with a unanimous vote. Mayor Sample adjourned the meeting at 12.20 a.m. Approved: ~~Lar~y D-. Sample, Mayor Attest: ~~ity Secretary [SEAL] 00184. September 10, 1984' Mayor, Members of the City Council: I stand before you tonight as a citizen of The Colony of some nine years standing. It is with deep regret that my opinions tonigi~t may create a strained relationsi~ip with my fellow Board Members of The Colony Municipal Utility District, which I am a member of. To them, I offer my apology, but as a former Mayor and Councilman of this City, it is time to speak up. For the past few years, this Council has stated it has developed a statesman like Council compare(~ 't¢~ previous City Councils and Mayors. I would like to remind you all lhat your task h~s be~.n made easier by whoever sat on the Council before you, but most of all tile citizel~s of 'l~he Colony who participated one way or another in the City.. They deserve respect. The p~oblen~s we face are not simple, they are complex. We need to s|ft through these messy situations together, city government and the citizens you were elected by to represent. You are the nearest forln of American Democracy in action .that children and adults will ever see. It can be done if we decide to work together, it is not an impossible dream. Another element of concern is the mis-use of the gavel. It has been used to deny a citizen the right to speak, more than once. The power of the gavel should be used to call tile meeting to Order, and at times call a person out of order if abusive, but ~iot the right to speak~and .then close, the meeting. This is distasteful to ~ne, and I believe a dis-service, to the people of The Colony as well. I know this City of The Colony, when really put to the test, we will come together. But I would hope that we will come together before an event or a crises takes place, and we are head- lng for one now. To this end, I call for the Mayor of this City to stop making critical accusations, but most of ail to apologize for QUOTE "I hate to see some political maggots grab onto an issue they stood in the way of and make an issue of it" UNQUOTE that appeared in The Colony Leader on Friday, Beptember 7, 1984. Mr. Mayor, and Members of the City Council, although not a lawyer, I suggest that you contact the c. ity attorney for a ruling of a section of the Texas penal Code: QUOTE, C~iminal Abuse of Office. The Penal Code prohibits a public servant from, in various way~: ~_13~.l~ng his office. Thus, a public servant commits official misconduct if, with intent to get personal benefit, he exercises his official powers without authority, fails to perform a required duty, or improperly takes or uses any government property. In addition, a public servant commits official oppression if he unlawfully takes advantage of his official capacity either to mistreat someone, or to impede someones rights." UNQUO'rE William J. Longo 5012 Middleton C'ircle The_ Co.l~qny, Texas 75056 The Colony Municipal Utility District No. 1 One Harris P~aza ~214) $70'2741 The Colony, Texa~ ?$~$6 Metro 2~$'6325 September 6, 1984 The Honorable Mayor and City CounciI City of The Colony 5~, ~ North Colony Boulevard The (3olony, Texas 75056 RE: Water Rationing Dear Mayor Sample: Phrsuant to a request by the City Manager to the Utility District's Administrative A~$i$~ant for a letter regarding Water Rationing, the following is submitted for Y~ur consideration. A8 we have now passed the peak consumption period of the summer months and the degree of rainfall has been sufficient to reduce the weekday flow, we feel that an amendment to the Water Rationing Ordinance is in order. : District records reflect a stabilized consumption rate from Monday through Friday, with peaks being reached only on Saturdays and Sundays. In view of this reduced flow and to alleviate some of the inconvenience placed upon our residents, we would recommend the City Council amend its' Ordinance No. 287 to eliminate water rationing during the weekdays of Monday through Friday. We would further recommend that the existing water rationing on Saturdays and Sundays remain in effect. The scheduling for Saturday and Sunday would remain, North of Nash Drive on odd calendar days and South of Nash Drive on even numbered calendar days. With your concurrence, we ask that this item be placed on your next City Council agenda. Sincerely, Sar~dra Shearer Pre. sident, The Colony Municipal Utility District Board of Directors cc: Janet Gadd, per telephone request to Ms. Shearer mad September 10, 1984 Ms. Janice Carroll City Manager City of The Colony 5576 North Colony Boulevard The Colony, Texas 75056 Dear Ms. Carroll: I would like this letter to serve as support for Mayor Larry Sample and.the City Council. Each council member has been elected by the constituents of his or her district to represent them and to make decisions based on what they feel in their judgement, serves,the overall welfare of the community. The Council deals with all aspects of the city each day and on every administrative level. They have thusfar done a good job by holding the tax line, by bringing new and innovative ideas to the city and making it a hometown for i~s citizens. Also that it was through the skill of the Mayor and Council that the 13.6 acre tract was originally obtained through a trade with Fox & Jacobs. May I remind everyone that our Mayor and Council serve on a non-paid basis and give of their time and efforts for this community. Many of us have seen The Colony grow and prosper over the years. There are still many real needs in this community but where is there a community that has come so far since 19777 We are all aware of the need for a recreational center. However, there is also a genuine need for proper facilities to house .our polic~, fire, city officials, municipal court, parks and recreation and other city service departments. Our city services have been operating out of an old house or a portable building for almost eight years. We are past due providing permanent City headquarters for the fastest growing community in Denton County. At present we have outstanding programs for the children through The Colony Little League Association and The Colony Youth Soccer Program which have approximately 700 children enrolled. Responding to the need for after school activities at Griffen Middle School, a program was started last year to offer an evening of basketball, volleyball, ping pon~ and dancing in the school building at a minimal cost of $1.00. The event was publicized, parents were asked to assist, tickets were sold in the cafeteria and of the 1,008 students at Griffen, the turn- out was an average of 100 students for each of the two programs offered on Friday night. Should we conclude tiiis is a fair representation of Ms. Janice Carroll September 10, 1984 Page 2 the number of students who would utilize a Colony Recreational center which is being proposed over a city hall. Let's face it, its a lot easier to sign a petition and rush to the newspapers than it is to commit time and effort to gathering facts, building support and working with our City officials to achieve worthwhile results! Elected officials are placed in office to utilize the information available ~o them and to use their best judgement to make decisions for all of the community. This letter serves as a strong vote of confidence for Mayor Sample and the Council to be allowed to do just that! Cathy/Bock ' 5425 Baker Drive The Colony, Texas 001.844 0018210