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HomeMy WebLinkAbout04/15/1991 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 15, 1991 The Regular Session of the City Council of the City of The Colony, Texas was called to order to 7:30 p.m. on the 15th day of April, 1991, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Steve Withers, Mayor Pro-tam Present Mike Alianell, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Councilman Present and with six present, a quorum was established and the following items were addressed: l. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Michael G. Alianell~ 5604 Pearce~ Councilman Alianell read a letter of resignation (See Attachment "A"), explaining that his family is moving out of District 3, making it necessary for him to resign his place on the Council, per Charter requirements. Mayor Manning said he is sorry to see Mike leave, but that is a requirement of the Home Rule Charter. Beverly Wise~ 5269 Ragan~ wanting to clear up an apparent mis- understanding regarding why citizens had asked for Councilman Gomez' resignation at the last Council meeting. Ms. Wise said it was not just because of the harassment charges, but also because of his letters to the Editor and his manners. Dale Therio~ 5220 Fisher, invited all the Council to attend a free concert on May 19, 1991 given by the Country Caravan. Melanie Abel, 4524 Lakecrest Drive~ requested that the 20 mph speed limit in the Eastvale area be enforced, asking for speed limit sighs and children crossing signs. Cathy Wood 4909 Aver Cir.~ read a prepared statement regarding the upheaval in city government in The Colony, stating that she is not in favor of any particular city councilman, but that our rights are guaranteed by law and implored the council to refrain from acting until due process is complete and not to prejudge anyone, city councilmember or not. 3. MAYORAL PROCLAMATION DECLARING WATER UTILITIES AWARENESS WEEK Mayor Manning read the Proclamation in its entirety as follows: WHEREAS, water is recognized as one of our most precious natural resources, second only to air in sustaining life for the citizens of our state; and WHEREAS, water is a non-replenishing resource and since the earliest days it has been contantly recycled, and must continue to be recycled for future use; and WHEREAS, treatment of water helps our society meet many of its needs and must be performed by highly skilled individuals such as engineers, hydrologists, water and waste water facility operators and chemists; and WHEREA$~ the citizens of Texas must be aware that their continued ood ]ealth and standard of living are dependent upon an abundant supply of safe and high quality water; and WHEREAS, we must realize the need for adequate water and waste water treatment facilities and also for competent~ highly-trained water utilities professionals to assume th~ ultimate responsibility f o r this valuable resource; NOW, THEREFOHE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby designate the week of May 5th through ]]th, ]99] as: WATER UTILITIES AWARENESS WEEK in The Colony~ Texas and urge the appropriate recognition thereof. Tommy Turner, Public Works Director accepted the Proclamation. Before moving to the next agenda item, Mayor Manning said it would be appropriate to entertain a motion to accept Councilman Alianell's resignation, to be effective upon the date of his move from District 3. Councilman Lynch moved to accept the resignation effective upon Councilman Alianell's move from District 3 (April 2], ]99]) and Councilman Marks seconded the motion which carried with all members voting Aye, with the exception of Councilman Alianell who abstained. 4. PRESENTATION OF EMPLOYEE AWARDS Katherine Martinez and Mayor Manning presented the following employees with recognition awards. Sylvia Brantley - ]0 years Bob Hutchison - ]0 years ~thempl~ees receded a City of The Colony watch, Leslie Smith andS~dy Tausendboth were awarded 5 year key chains but were not at the meeting to receive them. 5. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE CONSTRUCTION OF THE EASTVALE SEWER IMPROVEMENTS. CONTINGENT ON THE SUBSEQUENT APPROVAL FROM THE TEXAS WATER DEVELOPMENT BOARD Bob van Til advised that bids were opened on April 4, 1991 and after review by Freeman-Millican Engineers and staff the recommendation is to award~ to Atkins Bros., noting that once the Council awards the bid then the Texas Water Development Board (TWDB) has to approve and award the bids. Councilman Lynch moved to accept the bids and award to Atkins Bros, in the amount of $908,400.00 contingent On the approval of the TWDB. Councilman Gomez seconded the motion. ~ ~ Terry Millican then fielded questions from the council, statin~g that it will be at least'~ 6 weeks from today before work can begin, and that is assuming the TWDB doesn't unreasonably delay approval of the bids, going on to say the estimated time for completion by contractors is 300 days. Councilman Marks asked about the difference between the original loan of $1.3 million and the bid of $908,400. Mr. Millican said about $95,000 is construction contingency and that the final application was for $1,095,000.00 after the revisions were made. He went on to say we do need some contingency but will probably not need $95,000, stating the bids is less that the original estimate on the project. The motion then carried by a unanimous roll call vote to accept the bids and award to Atkins Bros. Construction Mr. Millican explained that at the same time we opened these bids, bids were opened on equipment for the project, stating there were only 2 valid bids, very close in amounts. Mr. Millican recommended awarding to the low bidder, Flyght Co., and went on to say the General Contractor will be directed to purchase the equipment from them. Councilman Gomez moved to award the bid..t~o.'~l'yght', and Counci'lm~n~ Withers se.¢~:~'d~~ ~eC'motion. Councilman Lynch questioned this action, asking if the amount of the contract should be amended. Terry Millican said that will be handled by a change~ order at a later time. Mr. Millican went on to explain why this procedure was followed. .Councilman Lynch said he would feel better if the contract amount is increased by the difference between the $12,000 and the bid of $13,117.00. Mr. Millican said that can be done, noting the contract would be increased by $1-,t17.00 At this time, Councilman Lynch moved tO table this item til a later date and Councilman Burchard seconded the motion. Mayor Manning said the motion to table takes precedent over the previous motion to approve and th~ motion then carried with a unanimous roll call vote. Mayor Manning asked if the contractor coUld be asked to get with the citizens in the Eastvale area and offer them a good deal for hooking up to the sewer system. Mr. Millican said that we (City/engineers) can act as negotiators. 6. CONSIDERATION OF A RESOLUTION SUPPORTING PARTICIPATION IN THE TEXAS DEPARTMENT OF COMMERCE AIMHIGH PROGRAM ECONOMIC DEVELOPMENT TRAINING Bob van Til said the AimHigh program is to assist cities like The Colony to develop realistic economic development activities. Mayor Manning read the caption of the resolution as follows: A RESOLUTION FOR PARTICIPATION IN THE TEXAS DEPARTMENT OF COMMERCE AIMHIGH PROGRAM ECONOMIC DEVELOPMENT TRAINING: STRATEGIC PLANNING HEREBY INDICATING A COMMITMENT TO ADOPT AND IMPLEMENT ECONOMIC DEVELOPMENT .INITIATIVES THE CITY OF~..!THE COLONY ,~ETE~M~NES~:~RE APPROPRIATE, AND TO DESIGNATE AN ECONOMIC DEVELOPMENT COORDINATOR TO REPRESENT THE CITY OF THE COLONY IN THE PLANNING WORKSHOP AND OVERSEE IMPLEMENTATION OF SAID INITIATIVES Councilman Alianell moved to approve the resolution and Councilman Gomez seconded the motion which carried with a unanimous roll .call vote. 6 ]]. CONSIDERATION OF APPROVAL OF PRELIMINARY PLAT FOR LAKERIDGE ESTATES AS PRESENTED BY CENTEX REAL ESTATE~ INC. Bob van Til addressed the Council, stating this is a development of approximately 38 acres containing ]66 lots owned by Fox and Jacobs/Centex Real Estate, located west of 423. Mr. van Til said this is the preliminary plat, the first of 2 phases, which will ensure that the development conforms with zoning requirements and fits into the future plans for the city. Councilman Gomez asked if the drainage from Sutton Place will effect the west side and vice versa. Mr. van Til said staff is very sensitive to those problems and if the Council approves the plat, the drainage will be monitored very closely and the City will be responsible for maintenance after completion. Mr. van Til said we will make sure the area drains properly without any adverse effects on any other property. There followed a lengthy discussion regarding a stacking lane on 423 with Councilman Lynch noting that one was not necessary going into the Winn Dixie shopping center on 423 and wondered why one is necessary here. Mr. van Til the State will be removing the median by Winn Dixie in the near future and a left turn lane will be installed. Derek Earle, Centex, first addressed the sanitary sewer, stating that Fox and Jacobs/Centex owns the land to the south and we know that we have to install the sanitary sewer, however, several years ago the city passed a $440,000 bond to fund the sewer system in the south planning unit. Mr. Earle went on, now Centex is asked to fund the system. Mr. Earle said we don't want to put in a 27" line now because this development doesn't require it, and there is a ]/4 million dollar difference in the cost. Mr. Earle said if we install it now, it will make this project unfeasible, going on to say the only purpose is to serve the south end of the city. Mr. Earle used over heads to present the plat to the council, where lines will run, etc. With regard to the extension of South Colony that runs beside McDonalds, Mr. Earle said the developer will match the road that currently exists, stating he believes it is 60'. Councilman Lynch asked if the State would allow a light can be installed at Street D. Mr. Earle said he did not know, going on to say that he would think most of the left turn traffic would turn in at the light on S. Colony. Councilman Withers asked about the drainage for the commercial development along 423 and Mr. Earle said it would be adequate. Councilman Marks commented on the reputation of F & J for poor drainage, asking if this is still a problem. Mr. Earle said F & J has a long history in The Colony and has spent more money here to correct problems than anywhere else, going on to say that we will do our best to ensure proper drainage in this area. 7:50 Mayor Manning left the room. Mr. Earle reminded the council that the standards have been upgraded since some of the older developments. Mr. Earle advised the Council that F & J has agreed to a letter agreement to install the 27 " line when the south planning unit develops and to install the 60 ' stacking lane at Hetherington. Mayor Manning returned. Councilman Alianell moved to approve the preliminary plat with all stipulations as outlined in the P & Z recommendation; ]. 8" line in the development (letter agreement to install 27" line with south planning unit develops), 2. 60' stacking land at Street D. Councilman Gomez seconded the motion. At this time, residents of the area addressed the council expressing concerns over the drainage problems already existing in their neighborhood (specifically Sutton Place). Residents, Bill Jamme, Toby Pollard and others, 7 told the council they feel the new development will only make matters worse in the drainage ditch, noting the ditch already causes flooding on their property. They all said their needs and the needs of their neighbors have not been considered in this process. The men said they were told first it was the problem of F & J, then the city, and now they have been told the problem with the drainage is a State Highway problem and asked if the City or F & J had done anything to get the State to come out and repair the ditch so that it will drain properly. Mayor Manning said he has committed to ensure that this development will not adversely effect their property and agreed that the problem is the culvert that runs under FM 423, which is the responsibility of the State. Councilman Gomez suggested placing a resolution on the May 6 agenda to send to the State, urging them to repair the problem. Mayor Manning directed staff and F & J to put together a plan for the drainage ditch before the final plat is addressed. The residents also expressed concern regarding access into the new development, noting there are options other than the Street D proposed. Mr. Earle said their will be a barrier along the residential property on the west side of 423. He said the company is neutral on the entry into the area, but would prefer i,t where it is propos~ed, which concu~rs with-staff recommendation. Mr. Earle said if there is any effect regarding drainage, it will be an improvement. Councilman Marks asked for a clarification of the motion; To approve the preliminary plat with all stipulations met per the P & Z recommendation, 1. 8" line in the development and a letter agreement to install a 27" sewer line when the south planning unit develops~ 2. 60' stacking lane at Street D. Mr. Earle noted the barrier wall will be similar to the one built in Northpointe and will be on the west side only stating there is a ]75' buffer on the east side of 423. After more discussion, the vote was taken and the motion carried as follows: Lynch - No, Withers - No, Alianell - Yes, Burchard - Yes, Gomez - Yes, Marks - Yes~ Manning - Yes. 7. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. Councilman Lynch pulled all three for discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL M E E T I N G HELD APRIL 1, 1991 Councilman Lynch stated that he had signed the letter calling for Councilman Gomez's resignation and that was noted in the minutes. City Secretary, Patti Hicks advised that she was not aware he had signed the letter until after the letter was turned in to her because he had not verbalized his desire to sign it as the other two councilmen did. All agreed that should not be put in the minutes. Councilman Lynch. then moved to approve the minutes as written~ Councilman Marks seconded the motion~ which carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR RESIDENTIAL MOWING AND THE APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Lynch asked if the $35.00 included trim and trash pick up. David Rolbiecki said the bid specs only called for mowing, and that trash pick up was an alternate. Mr. Rolbiecki said the $35.00 includes mowing and trimming. Councilman Lynch then moved to accept the bids and award to Sunbelt Landscape Co. per staff recommendation. Councilman Alianell seconded 8 the motion which carried with a unanimous roll call vote. 8:45 Councilman Withers left the room. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF EMPLOYEE UNIFORMS AND THE APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Lynch asked if pages were missing from his packet, since there was no bid for P & R and Inspection included with the Uniforms of Texas bid. Mr. van Til advised that Uniforms of Texas did not bid on those two department uniforms and that they had left out some other items also, which is one of the reasons staff recommends awarding the bid to R & R Uniforms. Councilman Lynch then moved to accept the bids and award to R & R Uniforms as recommended. Councilman Marks seconded the motion which carried with a unanimous roll call vote. Councilman Withers returned. 8. CONSIDERATION OF BIDS FOR THE RE-PLASTERING OF THE POOLS AT THE AQUATIC PARK Bob van Til explained that both bids received were considerably over the $6500.00 budgeted for this project and that staff recommends rejecting both bids. Councilman Marks moved to reject the bids and Councilman Gomez seconded the motion. Bob van Til said the repairs will be made in house and will suffice until next year. Sylvia Brantley said quotes had been asked for earlier and that staff was surprised when the bids came in so high, The vote was taken and the motion carried as follows: Lynch - Aye, Withers - Aye, Alianell - Aye, Burchard - No, Gomez - Aye, Marks - Aye, Manning - Aye. 8:50 Councilman Lynch left the room. 12. CONSIDERATION OF AUTHORIZING A 60 DAY OPTION ON THE PROPOSALS FOR THE CONSTRUCTION OF A GOLF COURSE ON WYNNEWOOD PENINSULA Bob van Til said staff is working on proposals for a golf course and would like to ask the two developers to seek private funding for the project. He went on to recommend a 60 day time period for the developers to provide the City with a financial and developmental plan and asked the Council to approve the preparation of a letter of intent to the developers. Councilman Gomez moved to approve the letter of intent and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. Councilman Lynch returned. 15. DISCUSSION OF IMPROPRIETIES BY CITY COUNCILMEMBERS Mayor Manning reminded all that he had said this item would be discussed in a Closed Door Session, but that the City Attorney advised that Councilmen are not Personnel and the item could not, by law be discussed in an Executive Session. Mayor Manning said that each Councilman would be allowed to speak for lO minutes, would address the council one at a time~ and would speak no more than twice. The Mayor said the audience would be given a time to speak later and would be allowed only 5 minutes per person. Mayor Manning said he 9 does not like to be involved in this and does not like not being abel to work together as gentlemen, going on to say that he would not make any comments. Councilman Lynch - Listed items regarding each councilman. ]. Lynch - I was appointed and said I would run again, I gave my word and that is why I am running. 2. Withers - Home Occupation - Guilty or Not guilty, Legal or Not legal, it could go either way. 3. Alianell - moving out of his district 4. Manning - Changes his mind, pressure applied is not a rumor, he receives heavy pressure. 5. Burchard - accused of lying because of council committees, he was assigned to committees and did not attend meetings. 6. Gomez - accused, not convicted of improper actions. Highly questionable, tone of voice, judgement of sobriety, loss of control (temper), letter writing, collusion with the newspaper editor. A poll to resign or not is out of line. 7. Marks - Rumor regarding whether or not he is still living in his district. You say you are, and I accept that. Councilman Withers - I've been accused of dumping toxic chemicals, I am not. No toxic chemicals in screen printing. A man is innocent until proven guilty. Lou Gomez's case is in the court's hands. On January 2], ]99], Mr. Gomez read a prepared statement calling me a law breaker. He has been asked to resign because of public conduct, arraignment and one other item I will address later. On April ]9, ]990, anonymous material was mailed out that started this situation. (during last election). The material slammed Scott North, Julia Warren and Kathy Phillips. Another letter slammed specifically Julia Warren. Another item, Mr. Gomez's candidate report of expenditures showed a total of $3]4.00, it did not show expenditures for the two direct mailing pieces or any yard signs. In another incident on January 2], ]99], Councilman Burchard talked about the late hours survey, and stated that Councilman Gomez had said he would vote with the survey. Councilman Gomez then said he did not say that. According to the minutes, you (Gomez) did say that. At the April ], ]99] meeting you said you did not research David Kendall's voting record, but you did research it. Mayor Manning advised the ]0 minutes is up. Councilman Alianell - Since I have resigned, I will state that in less than a month, new councilmen will sit here. My letter says the main concern is what's best for the citizens. Some of the council has lost sight of that. The voters put their trust in us to be professional and adult, to make decisions. We are not here to call each other names and make accusations. If you don't like each other, that's fine, but keep it out of this room. I implore any councilman to please keep focused on what is best for the City of The Colony and if they are not doing that, they are not doing their job. Councilman Withers- (using some of Alianell's time) I agree ]00%. When someone launches an attack, you must respond. Mr. Gomez accused me of turning in 40 home occupations, I did not. On April ], ]99], Councilman Gomez did apologize to Mr. Kendall. Mr. Kendall was speaking his mind not attacking. Councilman Burchard - said he is sa d, all this started over a disagreement on the liquor issue. He agreed some of the actions of Councilman Gomez were less than professional but noted that all the Council had acted unprofessionally. He said he will miss Mike Alianell because through all this he has been fair minded and level headed. He said he hopes after May 4, the new and old council members will strive to work together. He said he will not say or do anything concerning Councilman Gomez, until he l0 has his day in court. He went on to say the citizens are tired of this and he is tired. Councilman Gomez - He read a prepared statement (See attachment "B") in which he addressed the harassment charges filed against him, of which he said he is innocent. The letter also spoke of basic rights of Freedom of Speech, with respect to persons who spoke at the April ], 1991 council meeting, as well as naming some charges against Marlene Poole. The letter named an "alliance" or "club" called the "Get Lou Gomez". The letter then addressed the issue of the Home Occupation ordinance and the charges filed against councilman Withers and Mr. Withers alleged attempt to keep the ordinance from being enforced and his use of the City's legal counsel. After reading the letter, Councilman Gomez apologized to Councilman Burchard for making a statement to him earlier. Councilman Marks - He said he doesn't have a prepared statement, noting he has been here (on Council) longer than any of the councilmen and that he is not proud of that right now. He said he is embarrassed. He said he doesn't think the Mayor knew everyone would say the kind of things they have said when he placed this item on the agenda. Councilman Marks asked, where does this group get off saying these things to each other here and not doing the job you were elected to do. Going on, he said, I've said things in private, in fact I told one councilman, in private, something regarding where I live and asked him not to repeat it. I guess I can't trust anybody. Maybe the new council will do better. Councilman Marks said he did not understand how the council could do this, noting that all are capable. Mayor Manning apologized to the citizens that this situation had reached this point, that this is a sad state of affairs. The Mayor said he understands that speaking the mind, clears the air, but he said he did know if this will work. The Mayor said he did not know what else to do and that he hopes after the election the council can work together for the good of the city. The Mayor then gave each Councilman a chance to speak again. Councilman Lynch - said he listed everything that had been mentioned, rumored just to get it out in the open, noting it's all been said, let's go forward. Councilman Withers - said this is not my idea. He said this Home Occupation item is incredible, stating he has been in business ~] years with no complaints from neighbors, then after the late hours issue there were 3 complaints. Forty invoices to the City of The Colony since ]983, were presented. He said there are 230 home occupations and I am the 3rd citation to be written. He said after receiving the citation, he did not contact the City Attorney. Councilmen Alianell and Burchard made no further comments. Councilman Gomez - agreed with Councilman Lynch stating maybe something good will come from this, but went on to say that he thought this group's influence (Council) would not effect his(Lynch) decision making, and that he was surprised when he signed the letter (asking for Gomez's resignation). Councilman Gomez said with respect to his relationship with the newspaper editor; that the allegations are not true, that he has no influence on the editor. Gomez went on to say that he does make bold statements, speaking what he thinks. In closing, Councilman Gomez said, "Agitation cleanses". Councilman Marks - Remarked this is better than night time T.V. He said he was not trying to be funny but that he wonders what can be accomplished by saying the things that have been said here, by cleaning our laundry in front of everybody. Councilman Marks did say he wanted to say to everyone, that he has never and will never attack anyone personally. He said he does not always agree with others opinions and may question those opinions regarding city business and that he may talk to someone in the parking lot. The Councilman went on to say that if he hears about personal life or that someone has done something illegal, he doesn't necessarily need to know that and that he will not repeat it. Councilman Marks said he hopes others will treat him the same way. At this time~ the citizens were given opportunity to speak. Cathy Wood - 4904 Avery Cir., said she has lived in the city ]5 years and has never seen a City Council as this way. She said she appreciated the comments made by~ Councilmen Marks~ Alianell and Burchard regarding serving the citizens. She said the question is about Withers' request to overlook an ordinance violation. Councilman Withers interjected, "That was the City Manager's idea." Dale Therio -' 5228 Fisher - Said if the Cable T.V. Committee has their way, this may be on T.V. Ken Wood - 5000 N. Colony Blvd., said he is disappointed with the whole Council. He said he thinks a lot of things people do are shameful, but that can't be controlled. He said there are many real problems the council should be dealing with. Tim Ba~ett - 490] Pemberton, said he was repulsed, noting that he did not think it possible the Council could do something more repulsive than the last council meeting, but they did. He said he can,t believe what . the Council just did and that he hopes the council will set some parameters for future conduct. He said the only one who spoken with any sense of respect for others is the one who is leaving, the Council, Mike Alianell. If you have no respect for each other~ then show respect for the position you hold. If you have petty differences, please keep them behind that door (Council Chambers door) Vivian Bedell - #8 Holden Cir., said she was truly embarrassed and ashamed. Addressing Councilman Withers she said, "Steve you keep saying one thing and doing another. You told me you spoke to the attorney and tonight you said you did not." Ms. Bedell said she was angry that the Council has put the city in this position and it would be best if they would keep their mouths shut, that they are all acting like spoiled kids. Joe A~new - 530] Nash, said some issues are unpopular, but they have to acted upon. He said we don't need a poll, we need action. He said there is a poll taken each year, which elects the council. Bruce Sopas - 522] Worley, In all the years I have lived here, I have never seen such buffoonery as I have seen here tonight. Mr. Sopas said he was one of the first businesses in The Colony and had worked hard, as other citizens had done to bring the image of The Colony up in the eyes of the surrounding communities. He went on to say that this Council has done their best to make the City look like buffoons again. Mr. Sopas, addressing the Mayor, said the he had asked for the reins, now he has them, and he had better make the rest of the council do their jobs. Dale Therio, 5220 Fisher recognized Councilman Alianell for his help to the Jaycees. Pam Henley - 5632 Perrin, said if the councilmembers had been given a choice of committee instead of just being assigned committees by the Mayor, then Councilman Burchard might have been more accountable to those committees, reminding all that Councilman Burchard did question those assignments. Ms. Henley then said regarding the extended hours issue that Councilman Withers had been accused of voting what he believed. Ms. Henley said she voted for him because she knows who he represents, herself, her family and her friends. This issue, be it bookkeeping or whatever is still not been settled. Now one of the committee members is resigning from council, what will happen now. It is mid-April and this issue is still in many minds and may be causing conflict. Let,s get it settled. She then thanked Manning, Withers, Burchard and Lynch for their help with the Support the Troops parade and rally. Melanie Abel - said just because someone voices an opinion in disagreement with one of the council, does not mean they voted for or against them. She said she is disappointed in some she did vote for and some she did not. Ms. Abel said she is not part of the "Get Lou" group, but that the Council should know that we (people) do have opinions and do make up our own minds. She said, "I think some of you may have cut off your noses to spite your face and you all have taken enough heat." Ms. Abel continued, something good has to come from this. Maybe the ordinance will be reviewed and maybe we will finally have an ethics ordinance. Ms Abel said something was said about the Inspections Dept. overlooking items just because someone is an employee or city council member. She said the Inspections Dept. overlooks things daily, because they are under-staffed. Ms. Abel congratulated Councilmen Lynch, Alianell, Burchard and Marks, stating they voiced their opinions, but had reached those opinions fairly and did not attack. She then wished the council good luck. Carlos Quion - Newton, said it is to easy to say this cleans the slate and to start over. He said before he got involved with the Flyers Club, and asking the city for a place to fly R.C. planes that he had no idea where the Council even met. He said that since September ]989 when he began dealing with the Council, he has found that they (Council) does not do their job. and said they need to focus on doing the job. Mayor Manning apologized to the staff, saying he had hoped this would not be done in public. He went on to say that as long as he is Mayor, this will never happen again. 9. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT OF BIDS FOR THE SALE OF THE ]964 AMERICAN LA FRANCE FIRE TRUCK After a brief explanation Councilman Alianell moved to authorize the advertisement of bids for the sale of the fire truck. Councilman Gomez seconded the motion which carried with a unanimous roll call vote. ]0. REVIEW AND DISCUSSION OF CHAPTER ]4, SECTION 6, RELATING TO RADIO CONTROLLED AIRPLANES WITHIN CITY PARKS Councilman Withers said the Council needs to give staff direction regarding amending the ordinance governing remote controlled airplanes, so that when the air field is ready, citizens will have to fly there and not anywhere else in the City. Councilman Gomez said staff should meet with the club to draft the ordinance so it will adhere to AMA guidelines. Councilman Lynch said the guidelines should be included in the ordinances. Tim Baggett asked if non-members would receive help from the club if they wanted to try flying planes. Councilman Burchard said requiring membership just ensures that persons flying will have proper insurance, and said that he thinks flying anywhere else should be prohibited. Jim Wallace, 5032 Pemberton said the Corps of Engineers won't allow closed club membership access to the park. Councilman Alianell said access to park is open to anyone, but only members will be able to fly planes. Councilman Alianell moved to end discussion, Councilman Burchard seconded the motion. Carlos Quion said the club recommends only AMA members but that is not a requirement. He said the City will decide who has access to the park, not the club, noting however, that he is in favor of prohibiting planes anywhere else in the City. There was a consensus of Council to restrict the flying of the planes to the air field only. 13 13. COUNCIL COMMITTEE REPORTS LANDSCAPE~ SENIOR NEEDS~ TAX ABATEMENT Councilman Gomez handed out a report from the Cable T.V. Committee, stating we are closer to getting the council meetings televised over the public access channel. ]4. CITY MANAGER'S REPORT - None With no further business to address Councilman Alianell moved to adjourn. Councilman Burchard seconded the motion which carried with all members voting Aye. APPROVED: /~ · liam W. anni~,~, m~y~ ~ Patti A. Hicks, City Secretary 14 ~ ACHMENT "A" OLONY CITY BY THE LAKE April 15, 1991 To; Mayor Manning and Members of The Colony City Council .. From; Michael G. Alianell, Councilmember, Place 3 Gentlemen; Current circumstances have made it necessary for me to resign my seat on The Colony City Council, Place 3. I am moving out of my district into another house in The Colony and our City Charter clearly states that a vacancy n~st be declared. The experience and'education I have obtained, while serving on council far outweighs any monetary compensation. I have always tried to look at every side of every issue and made my decisions with a priority on what I perceived was the best for The City of The Colony and its fine people. I am proud of my accomp- lishments, have learned from my mistakes, and I have enjoyed working with some of the finest people I have ever known. I look forward to staying active in city business and I will continue to do everything in my ability to help our city maintain its fine reputat~6~as the very friendly "City by the Lake". In closing I would like to state that we currently have a very dedicated mayor, a determined City Council, a hard-working city staff and a competent city manager. The people of the city I love deserve the best. We have all of the tools. Please use them wisely. Respectfully submitted, ~ianell ~ · ~uncilm~mber, Place 3 / ' cc; Patti Hicks, City Secretary ma Office o[ the City Secretary 5151 No~h Colony Boulevard The Colony, Texas 75056-1219 (214) 625-1756 ATTACHMENT "B"(]) April 15, 1991 Mayor William Manning, and Members of The Colony City Council: I stand before you accused of breaking the law. Specifically, of harassing citizen's Julia Warren Harris and John Warren on the telephone. A complaint was filed against me in November of 1990 by John and Julia. The case was accepted by the DA's office in January 1991 and is now pending. In the coming weeks I will be entering a NOT GUILTY plea as an answer to said charge. Due to the pending status of the case, I regret that I cannot provide you with more specifics on the case on the advice of legal counsel. However, I wish to state for the record that I am innocent of said charge. As with every story there are always two sides. Unfortunately there are those who will profess to know the valid side of the story, and choose to introduce it into the public forum as the only truth and valid side to the story. In the attached packet of information I have included what I believe to be pertinent pieces of this story. Pieces which until now have remained obscure, probably due to the "Other Side's" occluding and misinformed statements. While a charge of telephone harassment is pending against me, I submit for your review the attached police reports filed with The Colony Police Department. These reports are public record as are all the documents contained herein. As evidenced in the reports I have in the past complained about Mr. John-Warren (the complainant in the present case) of telephone harassment. I as well as another individual, have also filed a complaint for vandalism of personal property in which Mr. Warren is a prime suspect. Unfortunately in all cases the past DA and former Police Chief were unwilling to pursue the cases, even though many of Mr. Warren's phonecalls were taped. I am sure that the fact that the former police chief was a neighbor and friend of the Warren's had no bearing on the matter. I remain confident that the upcoming opportunity for MY day in court will find me innocent. What troubles me is that in recent weeks there is a semi organized effort to deprive me of my RIGHTS, NOT PRIVILEGES, RIGHTS, to DUE PROCESS, and FREEDOM OF SPEECH. In the last council meeting it was obvious that my candor and expression thereof was considered by some as PERSONAL ATTACKS on citizens, and it was demanded that I be removed from my position on council. Others chose to vent their hatred by finding me guilty of the pending charge and again asking for my resignation. Again, to this I say there's always two sides. In the spring of 1990 during the political campaigns I was accused (without provocation) by Councilman Withers, of wanting to close down the library and city pool. At the time Mr. Withers said he was not spreading rumors, yet he never heard me utter those words (see enclosed article). Later, in a letter to the editor he claims that I launched a personal attack against him when I called a press conference to defend myself and set the record straight. He further justifies his comments by claiming his length of residency and business stature in the community. Why is it that every time a person defends his or herself this group considers it an attack? In the last council meeting there was a select few who chose to take the offensive against me. I will preface the following statements by saying that I, UNLIKE THEM, RESPECT THEIR RIGHT TO FREEDOM OF SPEECH, even though I was the one receiving their ill aimed words. In said meeting, amongst the speakers were former councilpersons which recited written statements. I can't help but question the validity of the speech Mr. Scott North delivered with his request that I resign. Last year Mr. North commented in a Leader story that "I am not ashamed" (see attachment). Yet for the purpose of getting Councilman Gomez to resign he claims that he resigned in shame. Surely there will be those who will ignore my contention that an ulterior motive exists behind this alliance which is seeking my resignation. Those members of said alliance are not my concern because as I have stated, they DO NOT represent the majority of my constituents, and as the attached documents will prove, they have something in common. They all supported my opposition in last year's election. Attached please find a copy of an article which appeared in Pool & Spa Magazine titled "Luxury, Colony Style". A quotation from that article reads "The bond, says Poole, will be paid with user fees .... The tax payers will not defray costs, says Poole" "This keeps us from being like other municipal pools". That article spoke of the $850,000 bond the city took on for construction of the city pool. Last year when I brought the issue up in the campaign process it was labeled an ATTACK. It wasn't Lou Gomez who stuck the citizens of The Colony with that bond issue. I guess certain city fathers like Marlene took it personal when I commented on the ill fated project SHE HELPED CONCEIVE, and on how the pool never received a final inspection because those city fathers told our inspections department "Stay The Hell Out", and how it was over budget to the tune of over $300,000.00, and how to this day it costs the city over $150,000.00 to maintain, not including bond payments. No wonder Marlene Poole is upset and is now seizing the opportunity to attack. But I respect that, IT IS HER RIGHT TO FREEDOM OF SPEECH. A right that she has attempted to deny me. The letter she read in our last meeting contained many signatures and names I recognized. After a few minutes of research I came up with the attached letter of endorsement for one of my opponents in last year's council race. It is very interesting to · ATTACHMENT "B"(2) note that: DON AMICK, HARVEY BRADLEY, STEVE GLAZENER, RICK HARRIS, MARLENE POOLE, AND STEVE WITHERS were all signers of that letter. It is also interesting that after I blew the whistle on then Julia Warren for taking overpayments of money from the Texas Employment Commission, that she and her former husband embarked on a GET LOU GOMEZ campaign as clearly seen in recent events. Surely now that Rick Harris (Julia's former campaign treasurer) is married to Julia, he feels compelled to show support for her petty feud with Lou Gomez. Could it be that this little ALLIANCE or CLUB is a GET LOU GOMEZ crusade which has no legal or moral basis other than POLITICAL TERRORISM? I believe that if you give it some thought you will realize that there truly are two sides to every story. With regard to Improprieties of Councilmen, I have a few things I would like to submit for your consideration. Last year Councilman Steve Withers was investigated for Home Occupation Ordinance violations, and subsequently was cited (see attachment). I believe that his behavior in dealing with the matter is less than honorable, and merits further investigation by this council so as to deal with the following improprieties and hopefully prevent them from happening again: - Mr. Withers sought to obtain signatures of other councilmen, in private, on a resolution for the purpose of cessation of enforcement of a duly passed city ordinance. This being done after he was investigated and charged with violation of said ordinance. - On several occasions Mr. Withers has used the city's legal counsel to obtain opinions on the subject matter. This being done at the city's expense as evidenced by the attached attorney's bills. How do we explain to the citizens of The Colony how a councilman can attempt to coerce his peers into bailing him out in a "Back Room Deal", and then have the taxpayers of this city give him legal services at no cost? I do not believe that we can do that. I do believe that this council needs to direct staff to send Mr. Withers a bill on behalf of the city for legal services rendered. In a recent letter to the editor, Mr. Withers states that "No one is treating me like Joe Citizen". The latter is very true, the average cttizen does not have the city pay his or her legal bills. In light of this incident I believe it is time that a resolution be established that the city's legal counsel will be contacted only by the city .ma_3.na_ger~_( Perhaps this will prevent this type of abuse, t~~(..C.', Gentlemen, I have no intention of resigning. Should I decide to do so it will be on MY timetable, or through DUE PROCESS as established in our city charter. I am disgusted with the way all of this has come to pass, particularly coercive actions of this group in calling certain councilmen and threatening their political futures if they did not press for my resignation and sign certain documents. I am dismayed but not surprised with the fact that some of my constituents have informed me that certain members of the GET LOU CLUB have been overheard, boasting and gloating in the lobby of this building, on how they contacted the editor of The Colony Colony Leader, and "Made him do a story on Lou Gomez". That same group has even gone as far as calling The Dallas Morning News, demanding the same. Not only does this group intend to establish CENSORSHIP, but has now attempted to control the press. Perhaps they have forgotten in which country they reside. I do not mind airing our dirty laundry in our council chambers if need be, but why air it in Dallas? Are these are the same people that constantly harp about how much they love their city? This love I believe all of us can do without. Lou Gomez Councilman, Place 5