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HomeMy WebLinkAbout05/20/1991 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 20, 1991 The Regular Session of the City Council of the City of The Colony, Texas was called to order t 7:30 p.m. on the 20th day of May, 1'99], at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, 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: 3. PLEDGE OF ALLEGIANCE 2. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS CANVASSING AN ELECTION HELD ON THE ]8TH DAY OF MAY ]99], AND DECLARING THE RESULTS Mayor Manning read the caption of the ordinance and the results as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY~ TEXAS~ CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN SAID CITY ON THE [NTH DAY OF MAY, 199m, FOR THE PURPOSE OF ELECTING ONE COUNCILMEMBER FOR SAID CITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE BATE Mike Lynch 393 Robin BaDman 282 Councilman Gomez moved to approve the ordinance as written and Councilman Marks seconded the motion which carried with all members voting Aye, with the exception of Councilman Burchard, who abstained. 3 ADMINISTER OATH OF OFFICE TO COUNCILMAN PLACE ] City Secretary, Patti Hicks administered tbe Oath of Office to Mike Lynch, who then resumed his place on the dais. 4. ELECTION OF MAYOR PRO-TEM Mayor Manning read Section 2.]0 of the Home Rule Charter, "The city council, at its first meeting after election of council members, shall elect one of its members mayor pro tem, and he shall perform all the duties of the mayor in the absence or disability of the mayor. Councilman Gomez nominated Councilman Joel Marks to serve as Mayor Pro-tem. Councilman Sharp seconded the motion. The motion carried with a unanimous roll call vote. 004000 5. CITIZEN INPUT Dale Therio~ 5220 Fisher~ thanked those who came to the Country Caravan Concert on Sunday. Mr. Therio said there was a good crowd and also thanked city staff for their support and cooperation. 6. PRESENTATION BY DEVELOPER~ RUSS YOUNG Larry Gladstone and Russ Young were present representing Health Care Financial Services. Mr. Young advised the Council that his company wants to provide a health care campus in The Colony He said there would be an acute care center, an assisted care center, a children's facility and an independent care center. Going on, Mr. Young said his company has acquired an option on 18 acres from Fox and Jacobs. He said this would not only provide a health care facility in the city but would provide jobs for The Colony residents. Mr. Young said the day care facility will use the elderly from the independent care facility as surrogate grand parents and thereby helping both centers. He said there must be a full service hospital here to keep the patients in The Colony and not losing them to Dallas hospitals. Mr. Young gave the background of the developers and contractors, noting that as of today, they have secured Rauscher- Pierce to sell the bonds. He said there is a need here and thanked the City Manager and the Mayor for all their help. Councilman Lynch asked if the university style lay out would require removal of any hills on the property. Mr. Young said they would try to incorporate the hills into the plans. Councilman Gomez asked how many projects this company has done. Mr. Young said none have been done under the non-profit status, but have just started over $100 million in Hidalgo and Grayson Counties. He said the number 1 and 2 construction firms in the nation will be used on the project Bill Hall asked Mr. Young to explain the financing. Mr. Young. said this is a $25 million project on about 20 acres and that the City will be asked to pass an inducement resolution to assist the company in acquiring bonds. Then Rauscher-Pierce will assist in the sale of those bonds, which will take approximately 90 - 120 days. Going on, Mr. Young said the city is not a partner, that the city has no liability He said the resolution only gives the company the support to go out for the bonds. Councilman Gomez asked if these are similar the bonds proposed for the golf course, Bill Hal explained those are revenue bonds and these are Industrial Revenue bonds, which are designed to help new businesses get off the ground. Mr. Hall said they City says by passing the resolution that they support the project, then the company goes out to get the bonds issued. Councilman Gomez asked who pays if the project fails. Mr. Young said the guarantor of the bonds would pay and it would have no effect on the city, noting however, that without the City's support~ the company cannot get the bonds. Councilman Marks asked if they are required to provide care for the indigent. Mr. Young said that as a non-profit entity, they will be required to do so. Councilman Marks asked if this will be a regular hospital and Mr. Young said it will be, noting that the acute care might be pre-mature but there is a need for the entire campus facility. 4 Councilman Burchard asked about the company's experience. Mr. Young said there are references, the company has guarantors and the management team over the medical staff has over lO0 years accumulated experience and that resumes can be provided. Councilman Burchard said some citizens might be concerned that this hospital would attract indigent persons into the City. Mr. Young said they are not attracting anyone, but if there are indigent persons in the City then the hospital will be required to care for them, going on to say he believes the people of The Colony will support this facility. Councilman Burchard asked Mr. Hall what effect this would have on the expansion plans for the city's water and wastewater facilities. Mr. Hall said this facility would have minimum water consumption but a larger impact on the wastewater treatment plant. Mr. Hall went on to say that with this facility, Lakeridge Estates and the proposed south planning unit there would definitely be a turning point for expansion necessity. Councilman Lynch asked about impact fees, and would the cost of expansion be shared with the developers. .Mr. Hall said yes there will be impact fees but they are based according to the use of the development, not according to the cost of expansion of our facilities. Mr. Hall also said approximately $200,000 a year in taxes would be generated by this facility. 7. PRESENTATION OF EMPLOYEE AWARDS Katherine Martinez and Mayor Manning presented employee recognition award for service. Only one of the recipients was present at the meeting. A key chain for 5 years of service was presented to Judy Shirk. Others not present were: Mike Crowder, l0 years, George Wintle, 5 years~ Barbara Markham, 3 years, Robert Fraser, 5 years, Alan Orr, 5 years, Jeff Nohe 3 years, and Robert Ceja , 2 years. Ms. Martinez noted the Mr. Wintle and Ms. Markham were involved in the Torch Run to Austin for Special Olympics and could not attend the meeting. 8. MAYORAL PROCLAMATION DECLARING BUCKLE UP AMERICA! WEEK Mayor Manning read the proclamation as follows: WHEREAS, motor vehicle crashes are the leading cause of death for people between the ages of 6 and 34 in the United States .. more than 50,000 people in 1980 and 45,555 in 1989; and WHEREAS, when used, lap or shoulder safety belts could reduce the risk of fatal or serious occupant injury by between 40 and 55 percent; and WHEREAS, motor vehicle crashes are one of the leading trauma- related causes of spinal cord injuries, epilepsy and mental retardation in the United States and the current nationwide economic losses resulting from traffic crashes exceed $74 billion each year; and WHEREAS~ the use of safety belts and child safety seats are known to be one of the best defenses against the drunk and drugged driver; and 5 (! 0 4 0 0 WHEREAS, the President of the United States has set a goal of 70% compliance on seat belts by the year ]992; and WHEREAS, 37 states and the District of Columbia have safety belt use laws and all 50 states and the District of Columbia have enacted laws requiring the use of child passenger safety systems; and WHEREAS~ the BUCKLE UP AMERICA! WEEK, designated for May 20- 27, ]99], as a nationwide challenge, will give communities and organizations a unique opportunity to increase the correct use of safety belts and child safety seats by focusing public attention on the lifesaving benefits of these systems, including automatic belt systems and air bags; NOW, T~EREFORE, BE IT RESOLVED, that the City of The Colony will join in this important nationwide program, BUCKLE UP AMERICA!, and call upon all citizens to establish a goal of always buckling up when traveling in motor vehicles. I, William W. Manning, Mayor of the City of The Colony, Texas in recognition of this lifesaving opportunity, do hereby proclaim the week of May 20-27, 1991 as BUCKLE UP AMERICA{ WEEK and encourage the community to observe the week with appropriate programs, ceremonies and activities to increase the correct use of safety belts and child safety seats. The proclamation will be mailed to the State Department of Highways and Public Transportation. 9. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY FOR A PROPOSED AMENDMENT TO APPENDIX A-ZONING, SECTION 10-30] (14) RELATING TO HOME OCCUPATIONS Councilman Marks moved to open the Public Hearing, Councilman Lynch seconded and the motion carried with all members voting Aye. Tim Baggett, 490] Pemberton, said as this ordinance is written, any house in the city can be turned into a business, even empty homes. He said it allows for storage all over the house and for out buildings. Mr. Baggett said it allows for 2 business only vehicles and they don't have to be enclosed. He said we don't need ] tone commercial vehicles parked on the streets. Mr. Baggett also noted the ordinance doesn't limit body shops, beauty shops, etc. He asked the council to please send it back to P & Z and ask for something better. Ken Wood, 5000 N. Colony, asked the council to be careful not to undo the good things that have occurred in the City by virtue of the home occupations, ie, swim lessons at home. He said there is a long history of "rights of the home owner." L.C. Thompson, 4225 Iola said she is opposed to all commercial businesses in the residential areas. Mike Lynch read the proposed amendment to the ordinance. Joe Agnew, 5301 Nash, said this opens the residential environment for potential of light industry, which might be harmful to the city, maybe even the water. 6 Councilman Lynch asked if the 2 vehicles allowed could be parked on the street or on the property. He also noted that normally complaints are in writing before they are pursued. Councilman Lynch said noise, odor or smoke violations should be handled with just a call to the Inspections Dept. Councilman Lynch asked Mr. Hall if anything has happened with getting the shopping centers to lower their rent in order to encourage businesses to occupy commercial space. Mr. Hall said he has talked to the commercial property owners and has made some progress. Councilman Burchard said if this is adopted as written, we are opening Pandora's Box, noting that the State requires businesses with one employee to provide worker's comp and he feels it would then cease to be a home occupation. Councilman Burchard said he is not sure the permit requirement can be enforced. Robert Wilson, P & Z member who sat on the committee to draft the ordinance said the purpose of the permit is to register everyone who is in business. Councilman Burchard asked if a business that is in violation under the current ordinance but would be in compliance under the new ordinance would be excused from the old ordinance. Mr. Wilson said they would become in compliance. Bill Hall said the current ordinance enforces on complaint basis only and if there is no complaint, then they are considered in compliance. Mayor Manning suggested postponing this discussion until a work session can be held with the Council and P & Z. All agreed. Councilman Gomez moved to close the Public Hearing, Councilman Sharp seconded the motion wbich carried with all members voting Aye. 10. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MAY 6 AND 13, 1991 Councilman Burchard moved to approve the minutes as written and Councilman Lynch seconded the motion which carried with all members voting Aye, with the exception of Councilman Sharp, who abstained. B. CONSIDERATION OF APPROVAL OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING APPENDIX A-ZONING, SECTION ]0-301 (]4) RELATING TO HOME OCCUPATIONS Councilman Sharp pulled this item and stated that in the paragraph, perhaps rather than complaint only, it would state on site by the Inspection Department. Councilman gomez said he thinks all the comments warrant a work session and moved to postpone this item until the work session can be held. Councilman Burchard seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF A BUDGETED CASH TRANSFER IN THE AMOUNT OF $300~000 FROM THE UTILITY FUND TO THE GENERAL FUND Councilman Burchard moved to approve the transfer and Councilman Lynch seconded the motion which carried with all members voting Aye, with the exception of Councilman Sharp, who abstained. 7 D. CONSIDERATION OF THE APPROVAL OF USE OF SOFTBALL ASSOCIATION FUNDS TO IMPROVE THE SOFTBALL FACILITIES Councilman Gomez pulled this item for discussion. Councilman Gomez asked where tbe money is coming from and what impact this would have on staff. Sylvia Brantley responded stating this is fees paid by teas who played on the Softball Association League. Mr. Hall said the impact on staff would be minimal and that in fact he would prefer to have this done by contract. Councilman Gomez said he would agree if all the money is from this fund and it can be contracted. Ms. Brantley said she feels the money needs to be used to improve the fields. Councilman Burchard asked if the city controls the account and if the softball association is still in existence and if this is the same use the association agreed to and understood. Ms. Brantley said the city does control the account and that the association no longer exists. Councilman Marks said he was on the Softball Association and this is the planned use for the funds. Councilman Gomez moved to approve, provided the labor is contracted out and the amount does not exceed the amount in the budget. The motion died due a lack of a second. Councilman Burchard moved to table this item until a estimate for contracting of this project can be acquired. Councilman Marks seconded the motion which carried with a unanimous roll call vote. This item will be placed on the June 3 agenda for action. ]1. DISCUSSION REGARDING MEMBERSHIP IN UPPER TRINITY REGIONAL WATER DISTRICT Austin Adams, President of the Board of Directors for the Upper Trinity Regional Water District (the District)) addressed the Council stating that the organization is made up of cities in Denton County and that we all need to work together. Mr. Adams said the District provides vital public services including water, wastewater~ solid waste and storm water control. He commended The Colony for helping to develop the master plan and the regional strategy by helping with funding and writing of the plan. Mr. Adams said The Colony also helped write the legislation to create the District, noting that one of the city's employees served on the founding Board of Directors. Mr. Adams said the difference between this District and others is that it is run by the members, noting that the. Dallas Water District is run by Dallas and the Trinity River Authority is run b.y the State. He advised that June 16 199! is the last date to become a contract member. Mr. Adams said smaller entities, ready to provide water joined the District to ensure their future. 'He went on to say Denton County will be short on water supply by 2005 and the District has contract with Commerce for over 11 million gallons a day. Mr. Adams said he believes The Colony can save money by becoming a contract member and listed benefits such as increased regional influence, water supply and back up for the future, regional wastewater service, emergency service, share in the water shed~ share in a strong economic base~ opportunity to maximize use of the Dallas line, bond financin§ and revenue from service to other cities, among other items. He went on to say he feels The Colony needs to be a part and the cost involved would be $25,735.00 at this time. 8 Councilman Gomez said the city has adequate storm water capacity, adequate surface water and ample Dallas water capacity with plans to expand our current plant. He asked what this money would do for the Colony, noting that The Colony was all set to sell water to Little Elm and that fell through, stating that the District did not help with that effort, even though The Colony was a member at that time. Mr. Adams said Carrollton and Lewisville asked the same questions and that they feel they want to have a say in the future. Mr. Adams went on to say there is no doubt The Colony has planned for the future, but that is an asset with no return and if The Colony could sell to other entities the city would gain revenues. Councilman Lynch asked about solid waste, and Mr. Tom Taylor, Manager of the District, explained that the District is just beginning the plans for solid waste, that there is not a site yet, but that the District will be involved in solid waste disposal. Councilman Sharp said the City has paid $5715.00 already, noting the fees now are $.50 per capita and asking if those fees have jumped. Mr. Adams said they have not. Councilman Marks asked if the Board of the District knew that Lewisville wanted to buy water from the Dallas water line and if so why didn't they tell The Colony, going on to say he has never seen any benefit to The Colony from the District. Mr. Taylor said the District was never involved in the negotiations between Lewisville and Dallas. Councilman Marks said all the cities that are members must have some project that will benefit by their being a member of the District. Mr. Taylor said all members will benefit. Councilman Marks asked if The Colony joins, how the District would use our facility and how would the city benefit from that. Mr. Adams said every entity around The Colony is a member of a regional organization. The Colony is a major party of this area, stating that maybe The Colony is unique and that he really does not know exactly what the benefits would be right now. Councilman Marks asked what control the District would have over our facilities. Mr. Adams said it would be like the contract with Denton. The city owns 51% and the District owns 49% of the plant. Councilman Marks asked what the plans for Carrollton are and Mr. Taylor said that may be only for solid waste. Mr. John Baxter, Denton County Fresh Water District (south of The Colony) said if The Colony is out of the regional district, then they will have no Dart of the regional planning. The Colony will have no voice in the plan and if a member The Colony would have a strong voice. Mr. Baxter said he wants The Colony to be succe~ssful. Councilman Burchard said the city has discussed capacity and expansion and asked how the City can benefit from the District with respect to that expansion. Mr. Taylor said the only think would be help with financing since the expansion will be in 2 - 3 years, but noted that in the long term there would be more benefits. Councilman Gomez said be is not convinced this is the way to go', noting that being a leader will cost The Colony money. Councilman Marks said in all the meetings he has attend he has seen no benefits to The Colony and he still doesn't, and asked for a copy of the District's budget. Councilman Burchard asked if The Colony is successful in expanding our facility and begin selling to other entities, would we be a competitor to the District. Mr. Adams said that is 9 possible, but that would be O.K. Mr. Adams said in closing that The Colony helped to write the plan, fund the plan, create the District and that The Colony is a part of the District and they want The Colony to continue to be so. 12. CONSIDERATION OF A RESOLUTION DESIGNATING THE COLONY LEADER AS THE OFFICIAL NEWSPAPER FOR CITY OF THE COLONY LEGAL PUBLICATIONS Mayor Manning said he asked this to. be placed on the agenda because he thinks it is important that information be made available locally. Councilman Burchard said he has no problem with this action but he has had many persons ask him how to get Tile Leader to stop throwing papers in their yards. Mayor Manning said that is not part of the agenda item. Councilman Sharp asked Jeff Ball, Editor, how we can use The Leader now as the official paper, when in the past that was not possible, and we had to use the Denton Record Chronicle. Mr. Ball said Th~ Leader now has their Second Class Permit, making it meet the requirements set out by law. Councilman Lynch asked wbat official publications are and if agendas are included. City Secretary, Patti Hicks said legal publication include Notices of Public Hearings, Notice to Bidders, Notices of Public Auction, Ordinances levying a penalty, among others. She said agendas are not oublished and would not be considered a legal publication if they were. Councilman Gomez moved to approve the resolution as written and Councilman Marks seconded tbe motion which carried with a unanimous roll call vote. 13. CONSIDERATION OF APPROVAL OF PLACING AN "ADOPT A HIGHWAY" SIGN ON PAIGE ROAD Bill Hall stated that about 2 months ago The Colony Masonic Lodge had asked him if it would be alrig.ht for them to clean up Paige Road and of course he. said O.K. He promised that a sign would be erected stating they had adopted the roadway and asked the Council for approval to have such a sign installed. Councilman Gomez moved to approve the sign and Councilman Burchard seconded the motion which carried with a unanimous roll call vote. 14. CONSIDERATION OF APPROVAL OF ALLOWING PASSES INTO STEWART CREEK PARK FOR CITY VOLUNTEERS Mayor Manning noted that this item is not the same as when it first came up, noting he did not realize there were so many volunteers. He said a criteria needs to be established~ ie, a minimum number of volunteer hours, noting that would eliminate part time employees. Councilman Gomez said his intent was to give permit to volunteer firemen and reserve police officers, stating that is a different level of volunteerism, not at all like board members and that he still recommends permits for firemen and police officers (volunteers). Councilman Marks agreed, noting that volunteer firemen are paid. Councilman Burchard agreed~ stating that he does not know l0 why the Council gets passes. Councilman Lynch agreed with passes for firemen and police officers but said a criteria needs to be established requiring a minimum number of hours a year. He suggested a 50% discount for council, other volunteers and board members. Councilman Sharp agreed with the fire and police passes but questioned passes for other volunteers. Councilman Gomez moved to approve Stewart Creek Park passes for volunteer fire personnel and reserve police officers who meet their respective departmental requirements. Councilman Burchard seconded the motion. Councilman Lynch agreed and said the other volunteer passes should be referred to a committee. Jim Wallace, 5032 Pemberton said he finds the terms volunteerism and "paid percs" from the city contradictory. He said a volunteer is giving to the city so why give gratis gifts to persons who are volunteers. The vote was then taken and the motion carried with a unanimous roll call vote. ]5. CONSIDERATION OF DESIGNATING A MEMBER OF COUNCIL TO BE THE VOTING MEMBER OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Mr. Hall said the C.O.G. is a support group for the North Texas cities, stating that the City pays a membership fee for services. He went on to say that each year a member of council is designated as a voting member so that the city has a voice at the meetings. Mr. Hall said the meetings are in the daytime in Arlington on a monthly basis. Councilman Marks volunteered to serve in that capacity. Councilman Lynch moved to designate Joel Marks as tbe voting member for the C.O.G. Councilman Gomez seconded the motion which carried with a unanimous roll call vote. ]6. DISCUSSION AND APPROVAL OF LOCATIONS FOR TREES TO BE PLANTED IN THE CITY Bill Hall presented the council with some ideas for locations of the trees the city will receive from Gordon Couvillion, suggesting that the Library has no trees, and there is a need for some along FM 423. Councilman Burchard suggested placing some of the trees in the neighborhood parks. Ken Leverich said all parks are irrigated and that ll of the parks could take the trees. He said some can't due to transmission lines in the park. Mayor Manning asked how many trees we would use if we put the maximum number of trees possible in each of the parks. Mr. Leverich said approximate 26 - 28. Councilman Burchard moved to utilize the maximum number of trees in the neighborhood parks, place some at the Library~ the Municipal Complex and on FM 423. Councilman Sharp seconded the motion. Councilman Marks asked Mr. England how much money was left in the original tree program budget. Mr. England said approximately $7000.00 was left. The vote was then taken and carried with a unanimous roll call vote. ]7. DISCUSSION REGARDING THE POSITION OF SPECIAL PROJECTS COORDINATOR IN THE PARK AND RECREATION DEPARTMENT Bill Hall said the Special Projects Coordinator was included in the ]990/91 budget and the position was intended to sell the city with special events such as Sail Fair, Chili Cook-off, etc. Mr. Hall said the position did not work out and since there were no events occurring at tbe time, the position was not re-filled. Mr. Hall said after review, he feels the position should be part time and in meeting with the Chamber of Commerce, who is also looking for a part time person to cover economic develop it has been suggested that one person be hired to be used on a time share basis between the City and the Chamber. Mr. Hall said he has spoken witb Vivian Bedell, Chamber president, who is in favor of this plan. Mr. Hall said the person would work a half day for the Chamber and a half day for the City, basically doing the same job.. selling the City. He went on to say the person could use the Chamber office at the bank on a full time basis and the City would not have to purchase any equipment. Mr. Hall said he would like approval from Council to work on this flex time schedule and to continue next year if it is feasible. Mayor Manning said if Mr. Hall feels we can work with the Chamber in regard to supervision, then he recommends approval. Councilman Burchard said it is a good idea, but maybe it could be volunteer. Councilman Gomez said there is a track record for some organized events and suggested looking at an overall economic development platform Councilman Sharp suggested this person could also look for other activities to bring in to the City. He said volunteers are great but this will require a professional. Councilman Lynch asked if this person will be a city employee. Mr. Hall said yes and the goal will be to sell the city and enhance activities in the City. Mr. Hall said the cost will be approximate $7000.00 per year. Mayor Manning said this is a tremendous idea and would like to see the person used primarily for economic development in conjunction with the Chamber. Councilman Marks said this is a good step. 18. COUNCIL COMMITTEE REPORTS None 19. CITY MANAGER'S REPORT 1. There is a new turn signal at S. Colony and FM 423. This is a result of many accidents at that intersection. 2. The second bids for the Animal Shelter will be opened May 28, 1991. 3. The Drug Task Force Grant has been approved. 4. There have been complaints of speeding on Baker Street so a special patrol was set up. From April 24, to May 3 2054 vehicle used the street at an average speed of 28 MPH. Speeding is not the problem. The speed limit needs to be reduced due to the narrow street and parking on both sides. Complaints have also been 12 received regarding this same problem occurs on Pemberton and Arbor Glen. 5. Councilman Lynch asked about The Colony Democratic Club picnic on Memorial Week-end. Mr. Hall said the passes will be issued to those showing a flyer at the gate. There should be no more than 50-75 people. The P & R Board is to address criteria for free entry into Stewart Creek Park. Mayor Manning commended the Council for their preparation before this meeting and suggested that this will help expedite the meetings in the future. With no further business to address, Councilman Gomez moved to adjourn, Councilman Sharp seconded the motion which carried with all members voting Aye. Mayor Manning adjourned the meeting at 10:58 p.m. APPROVED: ATTEST: Patti A. Hicks, City Secretary 13