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HomeMy WebLinkAbout03/02/1992 City Council 00429z MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 2, 1992 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 2nd day of March, 1992, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Joel Marks, Mayor Pro-tem Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Jane Nelson, 5556 Vance, addressed the council regarding a phone call she received on the previous evening from a woman who identified herself as representing the City Council, who is conducting a survey of all homeowners in The Colony. Ms. Nelson went on to say the woman asked her two statements regarding the late hour sale of alcoholic beverages in the city, specifically if she thought these places should close at 12 midnight or 2:00 a.m. Ms. Nelson said she later wondered about the call and if it was really done by the Council, and if so how is it being funded. She also said she thought this subject was addressed and closed several months ago. Mayor Manning said he thought this was put to rest some time ago also and was not aware of the council authorizing any survey. Councilman Burchard said this survey was authorized 1 year ago by the Council, and that Mayor Manning appointed Councilman Mike Lynch and Mike Alianell to conduct it. Mayor Manning said this will be looked into. Lou Gomez, 5080 Shannon, addressed the council regarding the late hours survey also, asking who authorized this survey and why was it done. Mr. Gomez then addressed the resignation of Ted Gibson, Police Chief, stating it was under a cloud of secrecy. Mr. Gomez said he understands there is now a suit pending regarding the termination of Mike Crowder, who was fired from the police department by Mr. Gibson, who then wrote a letter of recommendation for Mr. Crowder. Mr. Gomez said the citizens need some answers regarding these issues. Mr. Gomez went on to say he thought Mr. Gibson needed to go several months ago but Councilmen Lynch, Burchard and Therio had ignored the problem. Mr. Gomez said in January he had asked for Gibson's resignation but he (Gibson) refused. Mr. Gomez said Councilmen Lynch and Burchard both 3 00429 violated the charter during that time period. Mr. Gomez asked how much money has to be spent before this ends, going on to ask if these problems can be corrected. Mr. Gomez asked how the council could explain to the citizens the fact that the chief resigned and was then paid severance pay amounting to thousands of dollars. Mr. Gomez said Councilman Lynch had insisted on an investigation, but then voted against it. Going on, Mr. Gomez said that Councilman Burchard had defended Mr. Gibson. Mr. Gomez said he has now been vindicated in Court and that he will spend an obscene amount of money to see that these three; Lynch, Burchard and Therio are not re- elected. Councilman Lynch asked why Mr. Gomez did not mention the fact that the Mayor voted against the investigation also and then stated that he was sure that when it came to slinging mud, Mr. Gomez would be good at it. Ken Wood, 5000 N. Colony Blvd. said he had received several phone calls regarding the recent request to ban a book at the library. Mr. Wood said he felt it would be appropriate to address the subject briefly tonight. Going on, Mr. Wood said the Library Board met last Thursday evening, and on the agenda was a request for reconsideration of a particular book available at the Library. Mr. Wood said that neither the complainant nor anyone else attended the meeting to address this request. Mr. Wood said the board did spend over one hour discussing the book, library policies, etc. and noted that most of the citizens present did participate in the discussion and the board denied the reconsideration request. 3. PRESENTATION OF T-100 SAFETY SUGGESTION AWARD Mr. Hall stated the Target 100 Safety Committee was established a couple of years ago to encourage safety in the work place, and that this year the committee has initiated an awards program for safety suggestions. At this time, Patti Hicks presented the first award to Ken Leverich. The award is to be given to David Drake, who could not be at this meeting for his suggestion regarding a door leading from the utility department into the vehicle maintenance department. 4. MAYORAL PROCLAMATION DECLARING NATIONAL WOMEN'S HISTORY MONTH Mayor Manning read the proclamation in it's entirety as follows: WHEREAS, the City Council strives always to recognize the accomplishments of individuals and organizations in The Colony; and WHEREAS, March has been designated as NATIONAL WOMEN'S HISTORY MONTH with the theme of THE PATCHWORK OF MANY LIVES; and WHEREAS, it is imperative we look at the advancement of women to gain a 4 00429 more accurate concept of the world and to validate the roles women will play in creating the contemporary society of the future; and WHEREAS, women-owned businesses are the fastest growing segment of the small business community; and WHEREAS, a woman's place is in the place where she makes a difference; NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas hereby proclaim the month of March to be NATIONAL WOMEN'S HISTORY MONTH in The Colony and encourage all citizens to support our local business women; and I further recognize the 1992 theme, ~'I-IE PATCHWORK OF MANY LIVES~ as bringing women back into history as they nurture the traditions of the past by facing the future with change. SIGNED AND SEALED this 2nd day of March, 1992. William W. Manning, Mayor City of The Colony, Texas ATI'EST: Patti A. Hicks, CMC, City Secretary Mayor Manning noted that Vivian Preston was to have accepted the proclamation, but could not be here due to illness, and that Patti Hicks would be accepting it for her. 5. CONSENT AGENDA Mayor Manning summarized the items on the consent agenda: A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD ON FEBRUARY 3, 10, AND 11, 1992 Motion to approve the minutes with corrections - Lynch; second - Sharp. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE ANNUAL PURCHASE OF LAWN CHEMICALS AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Councilman Marks asked for some clarification on this bid. Ken Leverich said that no single supplier can supply all our needs, and that no bidder bid on everything, therefore 5 004295 he is recommending that the bid be awarded to James Lincoln for granular fertilizer only. Motion to accept the bids and award to James Lincoln, and to approve an ordinance authorizing the contract for same - Marks; second - Lynch. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF GRANTING A LEAVE OF ABSENCE FOR KATHY PHILLIPS, PARK AND RECREATION BOARD MEMBER Motion to approve the request - Lynch; second - Sharp. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 14 RELATING TO RULES WITHIN CITY PARKS Councilman Lynch said he pulled this for discussion because normally there are two readings on ordinances and that the agenda was rather vague in it's description of this item. The Councilman said he feels this should be discussed more openly for the benefit of the citizens. Mayor Manning said there are two readings on new ordinances, but not always on amending ordinances. Councilman Lynch said this ordinance is in response to a flyer from a group called C.O.P.E., who has requested a nude beach be designated at Stewart Creek Park, and that the council felt the city should amend the ordinance to cover this issue. Mr. Hall said the Sexually Oriented Business (S.O.B.) ordinance does restrict nudity, --' but not specifically in parks, going on to say the S.O.B. ordinance has been held up in the Supreme Court. Mr. Hall said this ordinance adds No. 21 to the Parks Rules and Regulations regarding activities in city parks. Motion to approve the ordinance - Lynch; second - Burchard. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF ACCEPTANCE OF LETFER OF RESIGNATION FROM POLICE CHIEF TED GIBSON Motion to accept the resignation - Lynch; second - Sharp. Motion carried with a unanimous roll call vote. F. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES RELATING TO DRILLING OF WELLS IN THE CITY Councilman Marks pulled this item for discussion, stating that some items need to be completed. Bill Hall noted this draft is the result of the last work session and reflects council comments and homeowner concerns. Mr. Hall outlined the various changes that had been made, stating they had been coordinated with Steve Wiley of the Texas Well Driller's 6 004290 Board, noting that some of the redundancy had been deleted. Mayor Manning questions Section 2, line 16 regarding testing of water, councilman Lynch said the intent is to put together information regarding current wells, not a recurring testing process. There followed a discussion regarding the tests required, and how often they are necessary. Mayor Manning also questioned page 11, section T stating it sounds like "Big Brother" and suggested striking the entire paragraph. Councilman Marks suggested amending it to reflect activities regarding to wells. Councilman Lynch said page 10, paragraph P says almost the same thing and T could be removed entirely. Discussion followed regarding various activities surrounding wells. After a brief discussion: Motion to approve the ordinance striking paragraph T - Therio. No second Councilman Marks said he thinks the wording needs to be changed to relate to wells, not delete the whole thing. Motion withdrawn by Councilman Therio. Motion to approve the ordinance with an amendment to Section T to relate it to the construction or operation of a well and to include a 3 year interval in page 2 Section 2 - Marks; Second - Lynch. Motion carried with a unanimous roll call vote. 6. RECEIVE PRESENTATION FROM FRIENDS OF THE FAMILY Cheryl Sutterfield, representing Friends of the Family stated that the organization serves all of Denton County, helping victims of family violence and sexual assault. She said they operate a shelter in Denton that holds up to 39 women and children, offer counselling, and have a rape crises team. Ms. Sutterfield said the goal is of course to stop abuse, stop the cycle, noting there is also a program for men who do the battering. Ms. Sutterfield said parenting and home- making programs are offered and that they will go into the home and help people. Going on Ms. Sutterfield said they have an office in Lewisville and are setting up 1/2 day per week counseling in the Colony, hoping to expand soon. Ms. Sutterfield said last year they saw 1964 persons face to face, which does not include the numbers helped over the phone, stating that 74 persons were from The Colony. Ms. Sutterfield said this is a non-profit agency, funded by grants, United Way, private donations, cities and counties, and requested financial support in the amount of $5000.00 from the city to help the agency through 1992. Councilman Sharp noted the city had not helped with funding since 1988, and Mr. Hall said that was primarily due to budget constraints. Councilman Burchard said he had questioned giving money to a non-profit organization and had spoken to TML who encouraged the city to enter into a contract. Ms. Sutterfield said that is not a problem, noting they have an agreement with the United Way. Mayor Manning agreed. 7 0.u 297 Dr. Michael Metzger, Board member said the board is dedicated to increasing services to the south part of the county, and if they say they will serve the Colony, they will. Dr. Metzger said there is no problem with an agreement, however, we will do what we say, and noted that as services increase here, the use will increase. Councilman Burchard said this is the second organization we have agreed to support, and reminded the council that we will have to say no some day. Councilman Sharp requested a report at regular intervals. Ms. Sutterfield said they provide quarterly reports. The Mayor directed the City Manager to bring back the agreement on the March 16, 1992 agenda for approval. 7. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING SECTION 7.9 OF THE WATER AND SEWER CODES RELATING TO LATE CHARGES FOR DELINQUENT CUSTOMERS Mayor Manning read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES AMENDING CHAPTER 12, BY AMENDING WATER AND SEWER CODES AS ADOPTED BY ORDINANCE NO. 449, PASSED AND APPROVED BY THE CITY COUNCIL THE 29TH DAY OF SEPTEMBER, 1986; AMENDING SECTION 7.9 OF THE WATER AND SEWER CODES, RELATING TO LATE CHARGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. Bill Hall said this is another recommendation from the Fees Committee, to increase the penalty for non-payment of utility bills, noting it is currently a flat rate of $2.00. Mr. Hall said Jackie Carroll did a survey of other cities and found most of them charge a percentage, going on to say the committee is recommending 10% of the current bill as the penalty. Councilman Burchard said he is concerned because the ordinance says if they are late they not only pay 10% but they could be fined. Mayor Manning explained that is a standard statement in all ordinances. Councilman Burchard said also if people are not in a financial position to pay their water bill, then why add 10% to it. He would prefer a set fee to cover actual costs. Mayor Manning said this is a self imposed penalty, only being charged to those who are late. Councilman Lynch said there needs to be an amendment to read "excluding taxes". James England said sales tax is included in the sanitary charges and it can't be excluded from the total. Councilman Therio also asked for actual administrative costs. There followed a lengthy discussion. Ken Wood, 5000 N. Colony urged the council to have first and second reading on all ordinances so people have a better chance of hearing 8 about them. He said some people are late because they are absent minded and he is always hearing how fees are to recoup costs. Mr. Wood said the city should look for ways to cut the costs, noted that he is bothered by that line of reasoning. He went on to say if $2.00 is not enough then raise it, however, a percentage is not the appropriate method. Councilman Burchard agreed, stating that the higher user should not be charged more for being late than the lower user, both are late. This ordinance will be brought back March 16, 1992. 8. RECEIVE PRESENTATION REGARDING SOLID WASTE MANAGEMENT Bob van Til stated that Mayor Manning had requested he brief the council on the issue of Solid Waste Management. Mr. van Til then gave a very informative and enlightening presentation regarding solid waste management and recycling. Mr. van Til first reviewed the Federal and State organizations which regulate solid waste management and their impact on The Colony. Mr. van Til addressed recycling, its impact, various methods and gave a brief outline for implementation in The Colony. He also offered several recommendations for involving the city in this aspect of solid waste management. Mr. van Til provided Council with a summary of SB 1340 and the North Central Texas Council of Government's 1991-92 Interim Regional Solid Waste Management Plan. After Mr. van Til's presentation he introduced Ms. Becky Miller with Texas Waste Management who briefed the council on curb side recycling and offered several options for this service. Mayor Manning said he would like to schedule a work session for March 30, 1992 to meet with Becky to fully discuss this subject. All council agreed. 9. COUNCIL COMMITTEE REPORTS ANIMAL ORDINANCE, TAX ABATEMENT, STUDY S.U.P. Councilman Therio said the amended animal ordinance should be ready for council by April. No report on Tax Abatement Councilman Lynch addressed the survey conducted last week-end regarding late hours for alcohol sales. He said the survey was conducted by the Republican Women's Club at the request of himself and Mike Aiianell, going on to say it was not political and that it was requested over a year ago in a council meeting. He noted there was no cost to the city and that it requires no action to be taken. Councilman Lynch said the format was written by Mr. Aiianell and the phone numbers were taken from the list of voters in the last city election. He said there were two statements given; to close at 12 midnight every night and to stay open until 2:00 a.m. every night. Councilman Lynch said 191 calls were made with the following results: 9 00429 94 = 49.2% - in favor of closing at midnight ~-~ 68 = 38.6% - in favor of closing at 2:00 a.m. 29 = 15.1% - no opinion Councilman Marks said he thought the council was to have approved how the survey would be worded before it was conducted. Councilman Burchard said there is no action expected but that the promise to the people has been kept. Ken Wood said the numbers from the list of people who voted is not an indication of the whole city's opinion and that the callers should have properly identified themselves. Councilman Burchard said efforts were made to ensure the survey would be impartial, and noted that he was unaware of the survey until today. 10. CITY MANAGER'S REPORT 1. Conceptual Plan of the proposed golf course. Has been moved to eliminate flood plain area. There will only be 27 holes instead of 36 due to the change. The developer hopes to purchase some private property for expansion. We had agreement delivered today and now has to be reviewed and amended, then it will go to the Corps for their approval, then to the Council for final approval. Would like for Golf Course Committee to review. This is the first company in four years to come through with the topographical and the plans. They have spend $40,000 - $50,000 on the project so far, and I feel they will move ahead. 2. This does leave no place for The Colony Flyers and I have looked at several options. I have talked to some of the council regarding the Johnston tract and I have talked to Mrs. Johnston who said they were not sure this would be acceptable since someone is now living on the property. I have also thought about the Frisbee Golf Course, which will be moved when Northpointe Park is complete. 3. Super Shuttle - have worked for a long time to get service in The Colony. Service is to begin today. Councilman Lynch said it fell into the cracks for two years and would like to think calls from Dale Therio recently made a difference. Councilman Therio said the thanks really goes to Patti Hicks and other staff members who did so much work two years ago. Mayor Manning advised it is not necessary to address the following two items. 11. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2E REGARDING LITIGATION, TO-WIT: A. RESOLUTION TRUST CORPORATION 12. CONSIDERATION OF ANY ACTION TO BE TAKEN AS A RESULT OF THE 10 004oo0 EXECUTIVE SESSION With no further business to address, Mayor Manning adjourned the meeting at 10:55 p.m. APPROVED: ~~~. L~.~ x Manning, illiam W. Mayor~~ ATTEST: Patti A. Hicks, CMC City Secretary 11