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HomeMy WebLinkAbout04/01/1991 City Council MINUTES OF THE CITY COUNCIL MEETINC HELD ON APRIL 1~ 1991 The Regular Session of the City Council of the City of The Colony, Texas was called to order t 6:30 p.m. on the ]st day of April, ]99], at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Steve Withers, Mayor Pro-tem Present Mike Alianell, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Councilman Arrived at 7:28 p.m. and with six present, a quorum was established and the following items were addressed: ]. WORK SESSION TO DISCUSS THE FEASIBILITY OF A GOLF COURSE PROPOSAL FOR WYNNEWOOD PENINSULA Bill Hall reminded the Council of the proposal for a 36 hole golf course presented to them at the March 18, ]99! meeting by Mr. Charles Childers. Mr. Hall went on to say a similar proposal had been received from Golf West, noting that both center around bond issues. The Golf West project estimated at 2.2 million and the Childers project estimated at 7.! million. Mr. Hall said the City's name would be attached to the bonds and that he has asked Mr. Boyd London, Financial Advisor to answer questions and address any pit falls with these plans. Boyd London said his company has worked with a number of cities using a number of financing methods to build golf courses, noting that most of them had been built with private monies. Mr. London went on to say that cities can finance at tax exempt rates of interest which are below normal rates. He gave some examples of cities that he has and is working with regarding golf courses. Mr. London said if the city issues the bonds and the course defaults there will be some fall out and the city will have to decide if it (city) will step forward and try to make it work or if it will just let the course go. Going on, Mr. London said if the city knows up front it will step in, then it would be better to go with direct obligation. He said either way would allow the lowest cost of debt and if the city may have to take over then the city should get the best financing. Mr. London said courses typically struggle for 3 - 5 years before making money and he suggested an independent feasible study be done, going on to say that personally, he thinks it is feasible, and said the city should do two things, l( assess the level of commitment on the part of the city and 2) what will the city do to protect it's name in the market, and if the city is willing to step in and take over then go for the cheapest money. 3 Bill Hall said that Golf West has offered a new idea, to build the course, when it is complete, if the City is satisfied and the bond rates are favorable, then issue the bonds and purchase the course. Mr. London said that would be a good way to go. Mr. Hall went on to say that Mr. Childers also says he can build the course through private financing and run it too, but it could delay the project. Councilman Withers asked how common are lease agreements between a private entity and a city with no obligation to the city. Mr. London said that is not unusual, noting however~ that golf courses are complicated matters and there are many I.R.S. regulations. Councilman Burchard asked the likelihood of default and Mr. London said there is no way to say, noting that weather has wiped out courses in the are for the last 3 years~ going on to say the developer has to be able to survive the bad years. Councilman Lynch asked if the feasibility study will also consider neighboring courses, demographics, type of management, etc. Mr. London said probably not, but will be marketing information only. Mr. Hall said Golf West had two studies done, and noted that the only firms recommended to do such studies are financial or lending institutions. Mr. London said that is no unusual, but that the firm that does the study must be an uninterested party and must be experienced in entertainment businesses. Mayor Manning said it appears the financing arrangements may not harm the city, but could hinder future bond issues. Councilman Lynch asked how the city can lease the land when the city doesn't own it. Mr. Hall said when the city signed the lease for Wynnewood, it was the intent to build a golf course and the Corps has no problem with that arrangement. The land is leased to the city with the intent to develop a golf course, noting that any revenue must stay in that account and the Corps has final approval on any fees charged. Mr. Hall went on to say he received a phone call from some one at the Corps who stated they Corps is ready to terminate the lease on Wynnewood for lack of development. Mr. Hall said they will hold off on the letter until they hear from the City regarding the plans. After a brief discussion the council agreed that we should move forward with the plans and asked the developers to check out the possibility of private financing and to have a feasibility study done. 7:28 Councilman Marks arrived 7:29 Mayor Manning called a brief recess. 7:45 Reconvene 2. PLEDGE OF ALLEGIANCE 4 3. CITIZEN INPUT David Kendall~ 5656 Turner, address the conduct of Councilman Lou Gomez and the recent editorials. He noted he attended his first council meeting in October when the alcohol issue was on the agenda and then later say a pattern on the Council. Mr. Kendall said he feels many things should be handled behind closed doors and that he appreciates all that the Council does, but that personal feelings should be kept to themselves. Mr. Kendall went on to suggested the Council adopt a conduct code, noting that he does believe in freedom of speech but there needs to be some type of conduct code. Mr. Kendall also said he appreciates the Mayor's position even though it appears he is on both sides and that he is concerned the real job is not being done. Dale Therio~ 5220 Fisher~ thanked the City for helping the Jaycees with the circus last week. He said it was a success and everyone had a good time. Randy Seymour~ 5600 Tyler, asked if the property behind the pool is still a land fill. Mr. Hall said about 4 years ago, that open drainage area was in bad shape and the city tried to improve it for recreation and aesthetic values. He said construction materials were dumped there to fill it in, noting however, that we only have one piece of equipment with which to do so. Mr. Hall said twice we have contracted a dozer for the project and some of the land has been reclaimed. Mr. Seymour said there are pipes and culverts scattered over a 200 yard radius and asked if they could be put in one smaller area and if some type of screening could be put in. Mr. Seymour also said a semi truck is parked by that area and that on Saturday, he (Seymour) moved his pick up truck to that area to keep from have it ruined while his house was being painted, noting he did drive over the curb to do so. He said an officer came by his house several times to inform this was illegal. Mr. Seymour said he was in Ft. Worth and finally was paged to come home and move the truck. He went on to say he knew it was illegal, but that since the semi truck was allowed to park there all week-end then he felt he could leave his pick up there a few hours. He said however, he was told if the pick up was not moved by 5:00 p.m. it (the pick up) would receive a citation. He said he had been told by the police department a citation could not be issued to the semi. He said the police priorities need to be straightened out. Mr. Seymour then said the trash in the alley of Tyler was not picked. Mr. Hall will check with Texas Waste Management. Len Teasue~ 432] Ireland, said at the risk of being the subject of a letter to the editor, he will address a subject he has been watching for a while, stating a situation seems to be growing and is a concern of us all. Mr. Teague said he knows we have freedom of speech, but that is should be used protectively as should freedom of the press. He said we are free to tell the truth and to impose our opinion on others, but sometimes it is better to hold our opinions Mr. Teague said there has been incredible amounts of writing in the paper generated from this room (Council Chambers). He said maybe if this is the public laundromat, perhaps the wash could be done here and not in the papers. Mr. Teague then read several quotes by Councilman Lou Gomez taken from letters to the editor. Mr. Teague said in one, Mr. Gomez said he is "Loyal to the citizens" and added if that is true then Mr. Gomez should consider seriously resigning his position on the council. Marlene Poole~ 5640 Twitty.~ said she was a spokeswoman for 5 other persons and read a prepared statement (See Attachment "A") naming charges against Councilman Lou Gomez. The statement closed by asking for the immediate resignation of Lou Gomez, and was signed by former Mayor Don Amick and former councilmen, Harvey Bradley, Steve Glazener, Rick Harris and Marlene Poole. Ms. Poole then read the definition of moral turpitude. Councilman Withers said he concurred with the statement and asked to sign the letter as did Councilman Burchard. Ms. then provided a copy of the letter, as well as copies of newspaper articles and the Denton County Court Docket to the City Secretary. Scott North~ 4733 Lemmon Court~ said he has not stood before the council since the new building has been complete. Mr. North said he resigned his council seat in ]984 in shame. He said he had heard that his name had been bantered around by the Council in recent weeks, noting he had not heard it himself but that he wanted to set things straight. Mr. North brought a packet from the march 28, ]984 meeting and the minutes which led to his resignation. He said he set out to negotiate on his own to benefit the City, doing so outside the knowledge of the Council but not outside the law. Mr. North said that when he realized that a bid was changed because of something he had done, he resigned publicly at the next council meeting, because he felt it was for the good of the community. He said he.is bringing this up today because he is still a citizen and still interested, going on to tell the council there is one among them who has disgraced his seat and the rest of the council. Mr. North went on, the citizens don't like it and it is time for the Council to address the issue of moral turpitude or ask for the resignation of Lou Gomez. At this time, Mayor Manning called an Executive Session for the April ]5, ]99] meeting to address improprieties by council members. Councilman Gomez asked to respond and did so as follows: To Mr. Kendall - "I did not research your voting record as to when you started voting and if I insulted you, I do apologize, however, you attacked me, I did not attack you. If speaking my mind is an attack then its a misinterpretation. I cherish the freedom to speak, I've written many letters to the editor. Your comments here tonight do not change this because I will continue to express my opinion, like it or not and if there is anything I cherish, it's that right. Perhaps you'd like for me to submit to a public spanking. If that's the case, we can arrange that too. If I've been a bad boy, castigate me, but you have that right~ just as well as I do." To Mr. Teague - "I'm glad you re-hashed old history. Perhaps you'd like me to sign some of those letters personally, so you can 6 save them for your collection. But I reiterate, I will continue to express my opinion and as you said, it's a right that we all enjoy ." To Marlene - "Mental abuse? Let me show you what mental abuse is all about. (At this time Councilman Gomez played sounds from a tape player) That's mental abuse~ that;s Mr. John Warren~ the drunk husband of now Mrs. Julia Harris. Those are taped conversations.." A citizen stood and called him (Gomez) out of order. Mayor Manning asked the citizen to sit down Councilman Gomez continued, "These are pending cases in court. Like everybody concerned, everybody has their day in court. You people are trying to convict me of something, I have not had my day. Not only will I not resign, Hell no, I won't resign." Councilman Withers said he concurred with the statement and asked to sign the letter as did Councilman Burchard. 4. MAYORAL PROCLAMATION DECLARING APRIL AS CHILD ABUSE PREVENTION MONTH Mayor Manning read the proclamation in its entirety as follows: WHEREAS~ Child Abuse is a complex and ongoing problem in our society, affecting great numbers of children; and WHEREAS, every child is entitled to be loved~ cared for, nurtured~ and secure~ and WHEREAS, the welfare and development of every child is the responsibility of every adult human being with whom he or she comes in contact; and WHEREAS~ the Denton County Child Welfare Board hopes to involve the total community in support of programs that foster the prevention of child abuse and neglect; NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas so hereby proclaim the month of April ]99], to be CHILD ABUSE PREVENTION MONTH in The Colony~ and I urge all citizens to work together to help reduce child abuse and neglect significantly in the years to come. Sandie Kramer was present to accept the proclamation. 5. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL 7 MEETING HELD ON MARCH ]8, ]991 Councilman Alianell made a motion to approve the minutes as written and Councilman Lynch seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION ADOPTING AN OPEN SPACE PLAN AS A PART OF THE PARK AND RECREATION MASTER PLAN Councilman Alianell made a motion to approve the Resolution approving the Open pace Plan as written and Councilman Lynch seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO SECTION 2.03 OF THE CITY OF THE COLONY EMPLOYEE POLICY AND PROCEDURES Councilman Marks pulled this item for clarification. Katherine Martinez said this does not change the Charter; relatives of the Council and the City Manager still are not allowed to work for the City, but it allows relatives of Department Heads to work for the City, just not in the same department, under their supervision. Ms. Martinez said this brings our policies into line with other cities. Councilman Marks made a motion to approve the amendment as written and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY SUPPORTING FIREWORKS CONTROL LEGISLATION Councilman Alianell made a motion to approve the Resolution supporting Fireworks Control Legislation as written and Councilman Lynch seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY SUPPORTING THE FIRE PREVENTION AND FIRE-FIGHTING ACTIVITIES OF THE TEXAS FOREST SERVICE Councilman Alianell made a motion to approve the Resolution supporting Texas Forest Service Legislation as written and Councilman Lynch seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY SUPPORTING PASSAGE OF LEGISLATION GRANTING COUNTIES AUTHORITY TO ADOPT FIRE AND BUILDING CODES Councilman Alianell made a motion to approve the Resolution supporting Legislation allowing counties to adopt codes as written and Councilman Lynch seconded the motion which carried with a unanimous roll call vote. 8 G. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY APPROVING PARTICIPATION IN TELEPHONE FRANCHISE STEERING COMMITTEE Councilman Alianell made a motion to approve the Resolution authorizing participation in the Telephone Franchise Committee as written and Councilman Lynch seconded the motion which carried with a unanimous roll call vote. 6. CONSIDERATION OF GRANTING THE COLONY FLIERS CLUB TEMPORARY USE OF WYNNEWOOD PARK FOR USE AS A RADIO CONTROLLED AIR FIELD Sylvia Brantley advised the Council that The Colony Fliers had requested temporary use of Wynnewood Peninsula for a radio controlled air field. Ms. Brantley said this has gone before the Park and Rec Board and the Board has recommended approval. David Williford represented the Fliers Club and fielded questions by the Council. Councilman Alianell asked about emergency vehicle access. Mr. Williford said the road past the gate is in good shape and there should be no problem with access, noting that it does need some clean up and the fliers will do so. Councilman Lynch asked if the Fliers will still fly elsewhere in the City. Mr. Williford said upon designation of the field the Club is going to request the Council to prohibit flying in other areas. Councilman Withers agreed that should be done and recommended amending the existing ordinance to increase the distance allowed from residences from 300 feet to 400-500 feet or perhaps a blanket prohibition. Councilman Marks agreed and expressed concern about the gate being opened and other people entering the park. He went on to say since the park is closed, the gate should be kept closed. Bill Hall said a double lock system could be used. Councilman Burchard asked if the field would be open to persons other than members of the club. Mr. Williford said it is not limited to Club members but for safety and insurance purposes would like to limit access to persons who are members of A.M.A., going on to say the City could certainly allow other A.M.A. sanctioned clubs to use the field. Councilman Withers made a motion to approve temporary use of Wynnewood Peninsula for a radio controlled air field with the understanding that the Council will address the issues mentioned, and Councilman Burchard seconded the motion. Vern Roberts, Park and Rec Board member said the Board had researched this and is very much in favor of it, noting the pros out-weigh the cons. The motion then carried with all members voting Aye, with the exception of Burchard who voted No and Gomez who abstained. Councilman Burchard explained that he voted no because he wanted to review this more, not because he is not in favor of the field. 7. CONSIDERATION OF AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY DENTON COUNTY ELECTRIC COOPERATIVE, INC. IN THE 9 CITY OF THE COLONY James England used overheads to explain the settlement reached, the rate schedule, 2% franchise fee, interim rates and tariff schedule. Mr. England said the city must take action on or before April ]5, ]99] on this item. Mr. England noted that the test year ended June 30, ]990 and that the increase is 9.43%. He also showed a bill comparison for the Council's review. Councilman Lynch said we just received a letter from T.U.E. regarding a $50 million refund, going on to ask if it is the same PUC ordering an increase for Denton County Coop that has ordered this refund for T.U.E. Bill Hall said T.U.E. went for a rate hike about a year ago, noting a substantial case was filed regarding fuel costs for Commanche Peak. Mr. Hall said this is not a refund but a pay back of overcharges for fuel cost. Councilman Burchard made a motion to table this item for further review. Mayor Manning said we have already denied this once and the committee of cities was established to review the case, noting that this is the result of those findings. Councilman Withers then seconded the motion which failed with the following vote. Lynch - No, Withers - Aye, Alianell - No, Burchard - Aye, Gomez - No, Marks - No~ Manning - No. Councilman Alianell then made a motion to approve the Ordinance as written and Councilman Gomez seconded the motion which carried with the following vote: Lynch - Aye, Withers - No, Alianell - Aye, Burchard - No, Gomez - Aye, Marks - Aye, Manning - Aye. 8. CONSIDERATION OF APPROVAL OF ALLOCATION OF FUNDS FROM THE GOVERNMENTAL ACCOUNT FOR THE INSTALLATION OF AN IRRIGATION SYSTEM ON PAIGE ROAD Mr. Hall explained that the system on Paige Rd. is an outdated, manual system and to re vamp the system would be costly. Mr. Hall went on to say it can be converted to an automatic system for approximately $]500.00 and requested the Council authorize taking those funds from. the General Government account for that purpose. Mayor Manning said he thinks the council has done a good job to get beautification underway for very little money. Councilman Marks made a motion to approve the fund up to $]500.00 and to use the parts from the old system in another manner if possible. Councilman Gomez seconded the motion. Councilman Lynch asked why the trees were planted on Paige and not Main St., and why there is irrigation on Paige and not on Main. Mayor Manning said we are not discussing irrigation on Main, but that we need State approval to plant trees on Main St. Councilman Lynch asked if there are other fault system that need to be addressed. Bill Hall said no, from Goodman St. to Hwy ]2] and nothing northbound on Paige Rd. Councilman Burchard asked what is being done to allow us to plant trees on Main St. Mr. Hall said if the Council sees fit to allocate funds to plant more trees, then staff ]0 would like to do sot. The State will approve with a permit. Mr. Hall went on to say the trees cost $100 - $]25 per tree and there is $5500.00 left in the $10,000 budgeted for beautification, with no specific plans for its use. The motion then carried with a unanimous roll call vote. 9. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY AUTHORIZING THE CONDEMNATION OF A CERTAIN PARCEL OF LAND IN THE EASTVALE SUBDIVISION Bill Hall explained that this is in conjunction with the S.R.F. loan for sewer improvements in Eastvale. The Texas Water Commission and Texas Water Development Board require that all R.O.W. is property of the City of The Colony. Mr. Hall said there is one area, (the old boat ramp) for which ownership cannot be determined. Melanie Abel has helped to run down the information, but to no avail. Bob van Til has worked with the City Attorney to start the process~ noting ownership has not been indicated for the property since ]957. Councilman Burchard made a motion to approve the resolution and Councilman Lynch seconded the motion which carried with a unanimous roll call vote. 10. COUNCIL COMMITTEE REPORTS ANIMAL ORDINANCE, ANIMAL SHELTER STANDARDS~ BEAUTIFICATION, CABLE TV~ CHARTER REVIEW, CRIME STOPPERS~ FEES Mayor Manning direct the City Secretary to remove the Animal Shelter Standards Committee from the list as posted. CITY MANAGER'S REPORT 1. Ted Gibson said The Colony Police Department won a trophy in the recent Bowl A Thon with Lewisville, Denton~ Denton County and Flower Mound. 2. Shelter bids have been advertised and will be opened April 24, 199]. 3. Dale Therio has requested to use the Council Chambers for a Candidate Forum on May 2, ]99~, noting that it may be possible to have the forum televised on Cable T.V., which is the reason for asking to use the Chambers. There followed a discussion regarding security of the building · Mr. Therio said the Jaycees normally provide security when the forums are held at the schools. Mr. Hall said this doesn't need city council approval but if other groups want to have something here then we will have to allow it. Mr. Therio said if they cannot arrange to have the forum televised then it will be held elsewhere. With no further business to address~ Councilman Burchard made a motion to adjourn, Councilman Alianell seconded the motion which carried with all members voting Aye. Mayor Manning adjourned the meeting at 9:35 p.m. APPROVED: ATTEST: Patti A. Hicks, CMC City Secretary 12 ATTACHIqENT "A" (]) April 1, 1991 Mr. Mayor and Members of the City Council, The rights of the individual do not come to us from nature, nature only knows deception and force. The rights of the individual are privileges assured by the Constitution and Bill of Rights and serve the common good. No society can exist without Order; and Conscience is the most impressive distinction between animals and man. Social Consciousness is man's measure of loyalty and consideration. Morality is conformity to the ideals of right human conduct. Without Order, Social Consciousness, and Morality, civilization cannot exist. Laws are established to strengthen the society and sustain the moral code of the people. These laws, established by the people, empower us to deal with conflicts that are the perennial source of discord, violence, and the possible degeneration of the community. Those elected or appointed to govern the people, and the relations between them, should be above reproach in their judgements and actions. The conduct of their personal lives should be free of any shameful condition that would mar their respected position in the community. Unfortunately, there is one among you whose personal conduct has become highly questionable, and reflects upon all of you sitting in your respective positions as leaders of this community. This man's social consciousness does not reflect the accepted measure of morality of this community. By his admitted actions, he has sought to embarass and intimidate citizens of The Colony and thus deprive them of the privileges assured them as individuals. This behavior reflects a complete lack of concern in the common good and the laws established by the people. As eleCted officials, each of you willingly took the oath of office, swearing to uphold the laws of the land. In taking upon yourselves that oath of office, you promised to be moral and just servants of the people. You understood that the power of the elected office, entrusted to you by the people, was to be used fairly. ATTACHHENT "A" (2) When power is abused by anyone, but most e'speciall~ by those elected by the people, it becomes a serious threat to all of our Privileges as individuals. There can be no just reason for abusing the trust given yoU b~ the citizens. There can be no excuse for inherent baseness nor for a depraved act. These acts of abuse need not be physical. In fact, physical abuse is preferable to mental abuse, as the physical abuse will eventually end. Mental abuse can linger on long after the abuse has ended. The fear, anguish, and loss of self esteem may take years to diminish. One sitting among you resorted to the use of mental abuse with absolute disregard for the rights of another, as well as with absolute disregard for his oath of office. Almost every issue of the newspaper, during the past year, contained personal attacks by this councilman upon countless citizens including ministers and constituents who came before you to speak. Futhermore, this councilman's deportment during numerous council meetings has been unprofessinal and an embarassment to this community. Police reports document a history of complaints of harassment spanning a period of almost two years. A formal complaint for telephone harassment, which was filed with The Colony Police, was substantiated by a telephone trap. Based on the evidence collected and by his own admission to the police and Council, that Councilmanv~'~L °~arraigned in Denton County Court of Law, Number One, Denton, Texas, charged with telephone harassment of a citizen of The Colony, Texas. Therefore, we the undersigned call upon you Mayor Manning and Councilmen Lynch, Withers, Alianell, Burchard, and Marks to join us in asking for the immediate resignation of Councilman Lou Gomez. Signed: Don Amick Harvey Bradley Steve Glazner Former Mayor Former Councilman Pl. 5 Former Councilman Pl. 4 Rick Harris Marlene Poole' Former Councilman Pl. 1 Former Councilman Pl. 6 MORAL TURPITUDE MORAL. .........Meaning: Ethics, Relating to principles of right or wrong in behavior. TURPITUDE. ..... Meaning: Inherent baseness or depraved act BASENESS ....... Synonyms: BASE, LOW Meaning: Deserving of contempt because of the absence of higher values. BASE stresses the ignoble and may suggest cruelty, treachery, greed or grossness (base self-centered indulgence and selfish ambition) LOW may connote crafty, cunning, vulgarity, or immorality and regularly implies an outraging o~ one's sense of decency or propriety.