HomeMy WebLinkAbout01/21/1991 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
JANUARY 21, 1991
The Regular Session of %he Ci%y Council of %he Ci%y of The Colony,
Texas was called %0 order % 7:30 p.m. on %he 21s% day of January,
1991, a% Ci%y Hall wi%h %he following Council roll call=
William W. Manning, Mayor Absen%
Mike Lynch, Councilman Presen%
S%eve Wi%hers, Mayor Pro-%em Presen%
Mike Alianell, Councilman Presen%
Rob Burchard, Councilman Presen%
Lou Gomez, Councilman Presen%
Joel Marks, Councilman Presen%
and wi%h six presen%, a quorum was es%ablished and %he following
i%ems were addressed:
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Bill Sharp, 4909 Middle%on Cir., asked %he Council %o move
%he la%e hour alcohol issue up on %he agenda.
Ken Wood, 5000 N. Colony, spoke regarding a new radio sys%em,
s%a%ing %ha% our cars have hearing problems and we defini%ely need
%o look in%o some%hing new.
Dick Weaver, asked if ci%izens pay %heir %axes in Lewisville
or in Den%on and said %here was no publici%y regarding %his ac%ion.
Mr. Hall s%a%ed %he ac%ion was %aken by Council %o con%rac% wi%h
Den%on Cen%ral Appraisal Dis%ric% for %he collec%ion of our %axes.
Mr. Weaver also no%ed %ha% %here is an error in %he new phone book
regarding %he emergency phone number.
4. RECEIVE PRESENTATION FROM TWIN LAKES HOSPITAL
Bob van Til gave a brief presen%a%ion, explaining %ha% he was
approached by Joe Gamble wi%h Twin Lakes Hospi%al, regarding
opening a facili%y in The Colony %o provide counseling. Mr. van
Til said %his is being brough% %o Council only for %heir suppor%,
and %0 use %he ci%y's name %0 %he facili%y. Mr. van Til wen% on
%o say %he hospi%al would work direc%ly wi%h %he Police and Fire
Depar%men%s.
Joe Gamble made a presen%a%ion, s%a%ing %he hospi%al wan%s %o
make a counseling service available %o residen%s of The Colony,
no%ing %here would be no charge for assessmen%. Mr. Gamble did say
%his is a pilo% program and will be using licensed clinicians wi%h
exper%ise in in%erven%ion. Mr. Gamble said %here would be no cos%
or liabili%y %o %he Ci%y.
4
Councilman Lynch asked about location of the facility and why
The Colony was chosen. Mr. Gamble said the hospital would rent a
space and The Colony was chosen due to it's close proximity to the
hospi%al and surrounding ci%ies.
Councilman Burchard asked abou~ ~he city's liability with
respect to using the City's name. Mr. Gamble explained that the
Hospital would be sponsoring and underwriting %he facility and %he
City's name is to be used only in support. Mr. Gamble went on to
say %he name would be "Colony Resource Cen~er". The hospital would
work with ~he Police and Fire Departments directly, i.e., suicides,
helping to s%abilize a crisis situation un%il an intervention ~eam
arrives.
All Council agreed this is a wor%hwhile endeavor and gave
%heir support.
3. PRESENTATION OF AWARD TO JAMES ENGLAND
Mr. Hall gave a brief background, stating that each year the
Governmen~ Finance Officer's Association gives an Award of
Excellence in Financial Reporting that this year The Colony is ~he
recipient due %o %he 1988/89 Audit and that Mr. England deserves
most of the credit for tha~ document. Mayor Pro-%em read the
plaque and presented it to Mr. James England, Finance Director.
Mr. England thanked the Council and Mr. Hall for their
encouragement.
14. DISCUSSION REGARDING THE LATE HOUR LIQUOR SALES PROPOSED
SURVEY
Mayor Pro-rem Wi%hers opened the floor to discussion. Joe
Thomas, 5728 Pearce presented two overhead graphs 1) Comparison
of Public Intoxication (PI) and DWI arrests per 100 in Dallas and
Denton Counties. 2) PI and DWI arrests per 100 population. The
graph compared The Colony, Plano, Carroll and Lewisville from 1980
through 1989. Mr. Thomas commen~ed that ~he number of arrests in
1980 and 1989 were similar, adding that The Colony was not "wet"
in 1980. Mr. Thomas was in opposition of repealing the existing
ordinance.
Councilman Burchard sta~ed that in 1980 %he population was
11,586 and in 1989 i~ was 18,948. The Councilman also noted that
in 1980 the number of officers patrolling on late nigh~ shifts was
2 and in 1989 we only had 3. Councilman Gomez asked Chief Gibson
if more patrol officers are needed and the Chief stated ~hey are.
Kathleen Patterson, 4454 Chapman, in opposition of repealing
the existing ordinance and also using a graph sowed ~he percentage
of PI and DWI arres%s in The Colony for 1980, 1989 and 1990 by the
day of week, comparing Midnight closings in 1980 to 2:00 a.m.
closings in 1989 and 1990. Ms. Patterson stated the chart
indicated the number of arrests in The Colony were higher in 1980.
Cynthia Shinskey, 4527 N. Horseshoe Trail, opposing repealing
the existing ordinance, used a graph reflecting ~he percentage of
PI and DWI arrests in The Colony for 1980, 1989 and 1990 by time
5
of day, s%a%ing %he percen%ages of arres%s in 1980 be%ween midnigh%
and 2:00 a.m. was 28% and be%ween 2:00 and 4:00 a.m. was 24%. Ms.
Shinsky wen% on %o say in 1989 arres%s be%ween midnigh~ and 2:00
a.m. made up 22.7% as did %hose arres%s be%ween 2:00 and 4:00 a.m.
The indica%ed %ha% arrests in 1990 made be%ween midnigh% and 2:00
a.m. accoun%ed for 24.7% of %he %o%al while %hose made be%ween 2:00
and 4:00 a.m. made up 25.8% of %he %o%al arres%s made. Ms. Shinsky
also no%ed %ha% %he ci%y was "dry" in 1980 and ~ha% her figures did
no% reflec~ a full 12 mon%hs in 1990.
Randy Ris~, 5321 Marsh, also using a graph %o indica%e
acciden% ra%es for a 3 year period in The Colony and also 1990
arres%s made in The Colony, by %ime of day. Mr. Ris~ said %he
highes~ acciden% ra%e is be%ween 10:00 p.m. and 12:00 midnigh%.
There followed a leng%hy discussion. I% was no%ed ~ha% all
%he graph informa%ion was compiled by Mr. Ris% %hrough
received from Nor%h Cen%ral Texas Council of Governmen%s,
Depar%men~ of Public Safe%y and Uniform Crime Reporting. Councilman
Burchard clarified %ha% he is concerned over %he cos% %o ~he %ax
payers %o work any acciden%s caused by drunk driving.
Judy Guy, 4729 Rober%s, s%a%ed %ha% when %he Council passed
%he exis%ing ordinance, which allows establishments %o s%ay open,
only one did so during %he week, and wen% on %o say %hey (Council)
should work harder %o ge% revenue in%o The Colony. Ms. Guy also
said a commi%%ee had been formed called "Ci%izen Fac%ion
Commi%%ee". There followed more discussion wi%h Councilman
Burchard s%a%ing ~he reason ~his i%em is on ~he agenda is because
%he Council had promised a survey would be done and ~hen proposed
%ha% a commi%%ee be formed %o accomplish %his %ask. The Councilman
proposed %ha% councilmen Alianell and Lynch compose %he commi%%ee
%o draf% a proposal for %he survey and %ha% %his survey be
conduc%ed by "Kelly Girls" a% an approxima%e cos% of $500-600.
There followed ano%her leng%hy discussion. Councilman Marks
no%ed %ha% ~here had never been a problem wi%h la%e hours before,
and %ha% %he Ci%y Manager no%icing a discrepancy in %he ordinance,
brough% %his %o council as a housekeeping measure. The Councilman
wen~ on %0 say, if we are depending on economic developmen%, wha%
message are we sending %o developers.
More discussion. Mayor Pro-~em Wi%hers called a recess
8:55 p.m.
9:05 p.m. Reconvened
Na%han George, represen%ing O'Rileys said %ha% in Oc%ober,
when ~he subjec% of a survey was brough~ up i% was de%ermined
an ou%side professional organiza%ion would conduc% i%. Mr. Rober%
Allen, 4125 Driscoll asked if %here is a way %his issue can be
%o a vo%e and have %he survey conduc%ed a% %he various s%ores in
%he Ci%y, wi%h %he Ci%y s%aff picking up %he resut%s.
Lyn Teague, 4321 Ireland addressed ~he Council regarding
number of officers on du%y from 11:00 p.m. %0 7:00 a.m., and
fac% ~ha% PI viola%ors can be held in our facili%y, bu% DWI
viola%ors mus% be %o ei%her Lewisville or Den%on for an in%oxilyzer
6
test then returned to The Colony. Mr. Teague noted this process
takes abou% 2 hours and tha% one officer is then lef% with the
vehicle until the tow truck arrives, noting %hat leaves only one
officer to patrol and answer calls for a city of 20,000. Chief
Gibson did confirm the process. He main%ained that is not enough
coverage and that due to %hat fact, perhaps the data presented may
not be completely accurate. Mr. Teague said he hopes The Colony
is not a haven for drunk drivers due %o the lack of police officers
on duty, noting that he knows it is expensive to add personnel.
Mr. Teague went on %o say he thinks %he survey should be conducted
and reminded %hose who had sta%ed that 300 persons is not enough
to make a decision for the whole city, that in the last mayoral
election there were only about 900 vo%es cast in the whole city.
Councilman Burchard said the Council commit%ed to have a
survey and asked for a poll of the Council to see if they still
want to go with a survey and also asked that a committee of
Councilman Lynch and Councilman Alianell be formed to accomplish
%he survey.
Councilman Marks said that all businesses came here with the
understanding %here would be late hour sale of alcohol 3 nights a
week, noting it has been this way for 9 years, and asked how the
Council can change the rules on the basis of a survey. Councilman
Marks asked for a poll of the Council to express their feelings
regarding the issue.
Councilman Lynch said this concerns more than restaurants and
bars, it involves convenience stores, grocery stores and the
Shamrock station, going on to say, the Council implied that a
survey would be conducted for input only and feels it should be
done. The Councilman said personally he feels bars should be open
24 hours a day on the week-end and closed at midnight during the
week.
Councilman Alianell said he has heard both sides and noted he
voted %o continue the extended hours, however, the Council did
promise a survey and feels they should do so, reminding all
the Council is elected to make these tough decisions and that he
is willing to serve on %he committee and will vote as responsibly
as he can. He went on to say that he feels limiting the ours will
have a nega%ive economic impac% on %he businesses.
Councilman Gomez quoted an old saying, "If it ain't broke,
don'% fix it", stating he thinks the Council is shirking their duty
by leaving this up to a survey, but %hat he will go along with
He went on %o say this was a housekeeping measure and that there
was not a problem before and there is not a problem now.
Councilman Burchard said he is not against the establishments
in The Colony, but %his is a public safety issue, stating that he
believes there is a problem after midnight. He said he is
concerned about the effect these problems have on the police
department, the types of calls they have %o answer after midnight,
citing some statistics regarding such. It was a consensus that
survey be conducted.
The Council then decided by consensus to form a committee.
Councilmen Gomez and Marks did not want to form a committee.
7
5. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE JANUARY
7, 1991 COUNCIL MEETING
Councilman Lynch made a mo%ion %o approve %he minu%es and
Councilman Burchard seconded %he mo%ion which carried wi%h a
unanimous roll call vo~e.
6. CONSIDERATION OF A RESOLUTION SUSPENDING THE OPERATION OF
PROPOSED RATE SCHEDULES FILED BY THE DENTON COUNTY ELECTRIC
COOPERATIVE, INC.
Bill Hall explained ~ha% %his resolu%ion suspends %he ra%e
increase for 90 days un%il a s%udy can be done by participating
ci~ies in %he S%eering Commi%%ee and recommended approval.
Councilman Alianell made a mo~ion %o approve %he resolu%ion and
Councilman Burchard seconded ~he mo%ion which carried wi%h a
unanimous roll call vo%e.
7. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY, TEXAS
REPEALING RESOLUTION NO. 86-22, RELATING TO COUNCIL RETREATS
Bill Hall s~a%ed ~ha% %he %iming has been wrong in %he pas%
for %hese re%rea%s, no~ing %he purpose had been for Council/S~aff
and Council/Board communica%ions. Mr. Hall no%ed %ha~ Resolution
86-22 required ~he re%rea~s be held on cer%ain days in January and
June, and recommended %ha% re~rea%s should s%ill be held a~ a %ime
beneficial %o all involved. Councilman Marks no~ed he would like
~o see re%rea%s held in Den%on Coun%y. Councilman Lynch made a
mo~ion %o approve %he resolu%ion and Councilman Alianell seconded
~he mo~ion which carried wi%h a unanimous roll call vo~e.
8. CONSIDERATION OF RELEASE OF FUNDS FOR TREE PROGRAM
Bill Hall s%a%ed he had received a proposal from Gordon
Couvillion of Bois Verde, ~o ~ransplan% %rees in ~he City for
approxima%ely $75-125 per ~ree. These ~rees will be 5-6 inch
caliper, 12-15 fee% %all. Mr. Hall said %he program would begin
wi%h plan%ing abou~ 20 %rees, s%aring on Paige Rd. medians. Mr.
Hall wen% on %o reques~ release of $2000 from %he Beau%ifica~ion
accoun% %o pay for %his program. Councilman Burchard said would
like %o see %rees on 423 and Mr. Hall said ~he S%a%e would have %o
give us a permi~ firs%. Mr. Couvillion said any damage caused by
his machinery would be covered by insurance.
Councilman Marks made a mo%ion %o release $2000.00 from
Beau~ifica%ion Funds and Councilman Burchard seconded %he mo~ion
which carried wi~h a unanimous roll call vo%e.
9. CONSIDERATION OF AN ORDINANCE FIXING AND DETERMINING THE
GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS
TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF THE
COLONY, DENTON COUNTY,TEXAS
8
(} 0,3 8 9
Mayor Pro-~em read ~he cap~ion of %he ordinance as follows:
AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE
RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO
RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF THE
COLONY, DENTON COUNTY, TEXAS; PROVIDING FOR THE MANNER
IN WHICH SUCH RATE MAY BE CHARGED, ADJUSTED, AND AMENDED;
APPROVING THE ELIMINATION OF THE RATE SCHEDULES FOR
PUBLIC FREE SCHOOLS-N AND THE COMMERCIAL CONTRACT PUBLIC
SCHOOL RATE; PROVIDING FOR THE RECOVERY OF ANY CURRENT
OR UNRECOVERED PRIOR RATE CASE EXPENSE; PROVIDING FOR A
SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR A MAIN
LINE EXTENSION RATE
Bill Hall reminded ~he Council ~ha~ ~heir ~wo concerns had
been addressed in the new proposal for a restructure of commercial
versus residential rates. Mr. Also noted ~ha~ 3 alternate
proposals were presented by Lone S~ar Gas. Jackie Cooper and Rick
Vaughn were present to answer questions. Mr. Cooper covered the
3 proposals, discussion followed.
Councilman Lynch made a motion to accep~ and approve Alternate
#1, Councilman Gomez seconded ~he motion which carried wi~h all
members vo~ing Aye, wi~h the exception of Councilman Burchard who
vo%ed No.
10. CONSIDERATION OF RENEWAL OF FINANCIAL ADVISORY CONTRACT WITH
FIRST SOUTHWEST COMPANY
Bill Hall explained that i~ is necessary to renew our contrac~
wi%h First Southwes~ Company, since the current con~rac~ has
expired and the company will be acting as financial advisors in the
State Revolving Fund applica%ion process. After a brief
discussion, Councilman Alianell made a mo%ion to renew ~he
contract wi%h First Southwest, Councilman Gomez seconded the
motion which carried wi~h a unanimous roll call vote.
11. DISCUSSION AND CONSIDERATION OF LOAN APPLICATION TO TEXAS
WATER DEVELOPMENT BOARD AND CONSIDERATION OF A RESOLUTION
REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER
DEVELOPMENT BOARD FOR THE STATE REVOLVING FUND LOAN FOR THE
EASTVALE SEWER PROJECT
Chris Janning with First Southwes~ made a presentation ~o
Council regarding ~he State Revolving Fund loan application. Mr.
Janning advised ~hat funding plans and various S%a~e and Federal
requirements were a~tached ~o this loan, no%lng also %hat the Board
has guaranteed the interes% rate at 5.5%.
Following discussion, Councilman Gomez made a mo%ion to
approve ~he loan application to ~he Texas Wa~er Developmen% board
and a resolution requesting financial assistance from the Texas
Water Development Board for the Sta~e Revolving Fund loan for the
Eas~vale sewer projec%. Councilman Lynch seconded ~he motion which
9
carried wi%h a unanimous roll call vo%e.
12. CONSIDERATION OF A RESOLUTION APPROVING THE EMPLOYMENT OF BOND
COUNSEL FOR THE CITY OF THE COLONY AND OTHER MATTERS
PERTAINING THERETO
Chris Janning again addressed %he Council, s%a%ing %ha% i% is
necessary %o designa%e Firs% Sou%hwest as our bond consultants,
authorizing %hem %o file the State Revolving fund loan application
wi%h %he Texas Water Development Board. Councilman Gomez made a
mo%ion to adopt the resolution , and Councilman Alianell seconded
%he motion which carried with a unanimous roll call vote.
13. RECEIVE PRESENTATION OF STATE REVOLVING FUND PROJECT STATUS
Bill Hall said the loan reques% is for $1.3 million however,
the %o%al cos% of the projec% will no% be known until be we receive
%he bids for cons%ruction. Mr. Hall wen% on, %he bids are
scheduled %o be le~ in February and accep%ed in March. Mr. Janning
advised %ha~ %he loan will be for a project cos% only, wi~h 1.3
million being %he highes~ amoun%. Brief discussion followed.
17. DISCUSSION AND CONSIDERATION OF THE HOME OCCUPATION ORDINANCE
Mayor Pro-~em Wi%hers said he had asked %his i~em be placed
on %he agenda, s%a%ing he was sure mos% were aware %ha% he is in
violation of ~he Home Occupa%ion Ordinance. The Mayor Pro-%em wen%
on %o say ~ha% he has never made a secre% of ~he fac~ tha% he
opera%es a business from his home, no~ing %ha~ %here are
approxima%ely 400 home businesses in %he City. Mayor Pro-~em
Wi~hers %hen read a por%ion of %he minu%es of %he October 28, 1985
council mee%ing, in which ~he las% revision %o ~his ordinance was
made and s~a%ed he felt %here is a problem wi~h %he way i%
ordinance) is writ%en and ~ha% he would like %o see P & Z review
~he ordinance. The Mayor Pro-%em wen% on %o say %ha~ he knows
peri%ion which was signed by councilmen was not %he righ~ %hing
do, bu% %ha% %here was never any in~en% %o circumven~ ~he Open
Mee%ings Ac~. Mayor Pro-~em Wi%hers said he will abstain from any
vote on %his issue, bu~ would like some consensus from council
regarding referring %his %o P & Z.
Vivian Bedell said Withers should abs%ain from discussion as
well. The Mayor Pro-%em said ~hat he would.
Councilman Marks said he signed ~he peri%ion originally and
when he realized i% was wrong he asked his name be removed.
Bill Hall said i~ will ~ake council ac%ion ~o refer the
ordinance ~o P & Z. Councilman Burchard made a mo~ion ~o refer ~he
ordinance ~o P & Z for review. Councilman Alianell seconded %he
mo~ion.
Councilman Gomez, a% %his %ime said he did no% sign
pe~i~ion because he knew it was not ~he righ~ %hing ~o do, %hen
read a prepared s%a%emen~, in which he sta%ed %ha% last week he
became aware ~ha~ Councilman Wi%hers, on %he guise of wan~ing
10
help home businesses approached o%her councilmen for suppor% in
s%opping enforcemen% of ordinances 377 and 592. Mr. Wi%her said
i% was %o s%udy ~hem, bu% in reali%y he only wan%ed ~o cover
himself. The le%%er wen% on %0 say i% is no secre~ ~ha% Mr.
Wi%hers has been cited for viola%ions of %he ordinance. Mayor Pro-
%em Wi~hers in%errup%ed %0 say he has no% been ci%ed. Councilman
Gomez con%inued reading, Mr. Wi%hers said ~his was a personal
a~%ack due %o his vo%e on ~he ex~ended hours issue and whe%her i%
was an ac~ of revenge or no%, i% is no% relevant. S~aff should
~rea% Ci%y Councilmen no differen% and Ci%y Councilman should no~
ask s%aff for selective enforcemen~ and urged ~he council no~ ~o
gran~ Mr. Wi%hers request.
Councilman Burchard said ~he issue is whe%her %he ordinance
is being applied correc%ly and %ha~ P & needs ~o address i~.
Dale Therio asked if i% would be more proper for someone else
%0 be chairing %his mee%ing and Vivian Bedell agreed wi%h %ha% and
asked if our ordinance is in line wi%h o%her ci~ies.
Mayor Pro-%em Wi%hers said he did ask %he ci%y a%%orney abou~
his chairing %he mee%ing and was advised i~ is no% illegal for him
%o chair or even vo%e, bu% %ha% i% was recommended %ha~ he abstain
from vo%ing.
Councilman Marks said he feels council would not be addressing
~his i%em if Councilman Wi%hers was no~ on %he Council. Councilman
Burchard said he ~hinks if Mr. Wi%hers came %o %he council as a
citizen and expressed his concern over %he ordinance ~ha% ~he
Council would look in%o %he issue.
Pam Henley expressed a need ~o review ~he ordinance. Don
Amick, s%a%ed %ha% vo~ing ~onigh% %o have ordinance reviewed does
no% mean i% will no% be enforced un%il changes are made.
Councilman Alianell called ~he question. All members vo%ed
Aye on %he ques%ion. The mo%ion %hen carried wi~h %he following
vo%e:
Lynch - Aye, Alianell - Aye, Burchard - Aye, Gomez - No, Marks
- No
15. COUNCIL COMMITTEE REPORTS
None
16. CITY MANAGER'S REPORT
1. Golf Course Upda%e - Golf Wes~ represen%a%ives will be in
%own %omorrow %o %our Wynnewood Park. Councilman Alianell ~hanked
Mr. Hall for his work on ~his project.
2. Emergency Preparedness - s%aff has a contingency plan for
ci%izens. A~ las% s~aff meeting discussion regarding how %0
pro%ec% %he wa%er supply, was%ewa~er system. Also discussed roles
of various departments in case of emergency.
With no further business %o address, Councilman Alianell
11
made a mo%ion ~o adjourn and Councilman Lynch seconded ~he mo~ion
which carried wi~h all members vo~ing aye. ~
APPROVED:
-S~.~ve Wi.thers, Mayor Pro-.tem
ATTEST:
Pa.t.ti A. Hicks, Ci.ty Secre.tary
12