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HomeMy WebLinkAbout05/02/1994 City Council uUbl o MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 2, 1994 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 May, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Toby Pollard, Councilman Present Joe Agnew, Councilman Present Tom Bogen, Councilman Present John Dillard, Councilman Absent 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. MAYORAL PROCLAMATION DECLARING MAY 5, 1994 AS THE NATIONAL DAY OF PRAYER Mayor Manning read the proclamation as follows: WHEREAS, our nation was founded by people of faith in God, and whereas, our founders were firm believers in the prevailing power of prayer; and WHEREAS, President George Washington, in 1783, called for prayers that our nation would seek "to do justice, to love mercy and to demean ourselves with charity and humility", and WHEREAS, in 1863, President Abraham Lincoln proclaimed a National Day of Humility, Fasting and Prayer to draw a divided nation together and to recognize its dependence upon "the Overruling Power of God"; and WHEREAS, in 1988, by the unanimous action of both houses of the United States Congress, President Ronald Reagan signed a bill establishing a National Day of Prayer to be conducted on the first Thursday of every May; and WHEREAS, the Scriptures admonish us in Jeremiah 29:7 "to seek the welfare of the city in which we live, and to pray to the Lord on its behalf"; and WHEREAS, The Colony has an abundance of citizens who acknowledge, worship and honor God Almighty, Who changes not, but is the same, yesterday, today and forever, NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony and on behalf of The Colony City Council, do hereby proclaim Thursday, May 5, 1994 as THE NATIONAL DAY OF PRAYER CELEBRATION and I urge all citizens to pray specifically on this day for our city, our state and our nation. William W. Manning, Mayor Rev. Jeff Bacon from Colony Park Baptist Church thanked the Council and led those present in a prayer for the city government and it's officials. 3. MAYORAL PROCLAMATION DECLARING MAY 1 THROUGH 7, 1994 AS MUNICIPAL CLERK'S WEEK Mayor Manning read the proclamation as follows: WHEREAS, the office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels; and WHEREAS, the Municipal Clerk has pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community, WHEREAS, the Municipal Clerk continually strives to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I William W. Manning, Mayor of the City of The Colony, Texas do recognize the week of May 1 through May 7, 1994, as Municipal Clerks Week, and 4 further extend appreciation to our Municipal Clerk, Patti A. Hicks, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this 2nd day of May, 1994. William W. Manning, Mayor Patti A. Hicks, City Secretary for The Colony accepted the proclamation. 4. MAYORAL PROCLAMATION DECLARING MAY 2 THROUGH 8, 1994 AS PUBLIC SERVICE RECOGNITION WEEK Mayor Manning read the proclamation as follows: WHEREAS, Public Service Recognition Week is a time set aside to pay tribute to the profession of Public Service and to the "Unsung Heroes and Heroines" that make up the public work force; and WHEREAS, the celebration of Public Service Recognition Week offers a dual opportunity to say thank you to public employees for their dedicated service; and WHEREAS, to inform American citizens about the range and quality of vital service provided by public employees. Few Americans are aware of the many contributions public employees have made to the quality of their lives; and WHEREAS, government employees with their commitment to excellence and diversity of skills, contribute significantly to the leadership of this community, NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony and on behalf of the City Council do hereby proclaim the week of May 2 - 8, 1994 as: "PUBLIC SERVICE RECOGNITION WEEK" and ask the management everywhere to join in recognizing these outstanding professionals. SIGNED AND SEALED this 2nd day of May, 1994. William W. Manning, Mayor Margaret Burkett, Personnel Director for The Colony accepted the proclamation. 5. RECOGNITION OF DON CRAWFORD, THE 1993-94 EMPLOYEE OF THE YEAR 5 City Manager, Johnny Smith advised those present that in the past the Public Safety departments had recognized employees of the year, but this is the first time the other city employees have had the opportunity to be recognized in that manner. At this time, Mayor Manning and Margaret Burkett recognized Don Crawford as the 1993-94 Employee of the Year for the City of The Colony. Mayor Manning presented Mr. Crawford with a plaque and commended him on his good work for the City and stated that it is a great honor to be recognized by your peers. Mr. Smith then recognized those other employees who were nominated for this honor; Sandie Chance, Charmyne Crowe, Kay Corrales, Patti Hicks, Bobby Hollis, George Figueroa, Leo Lavender, Ken Leverich, Pam Nelson, Alan Orr, Leslie Smith, Joan Sveinsson, Sheron Riney and Margaret Burkett. 13. CITIZEN INPUT Larry. Bryant, 4304 N. Colony Blvd., representing The Colony Chamber of Commerce welcomed Mr. Johnny Smith as the new City Manager and presented him with a The Colony tee-shirt and lapel pin. Mr. Bryant also thanked Councilmen Marks, Bogan and Agnew for the work they have done for the City during their tenure on the City Council. Nicholas Domanski, 5004 Lake Vista Drive, wished happy birthday to Mayor Manning, bid farewell to Councilmen Marks, Bogan and Agnew and thanked Councilmen Pollard and Lynch for coming by his house to investigate his problem with the lights coming from the Club Fore driving range. Mr. Domanski said the lights from the driving range shine into his house, that they are bright and potentially hazardous. He showed the council pictures and a layout of his house and the driving range. Mayor Manning said the city appreciates his problem and stated the City Manager will work with Club Fore to find a mutually agreeable solution to this problem. John Cazan, Jr. 5335 Bent Tree Forest, Dallas, stated he owns property on Carr Street in The Colony and that he is concerned about the notice he received from the City regarding the removal of the fence behind his property. He said he does not want to look into the back yards of those residences behind him. Diana Stubblefield, 4524 Carr Street, agreed that the fence behind her house is a hazard but that she has lived there eleven years and was told by the city that we (the city) would maintain the fence. She said it has not been maintained and noted that it is on city property. Ms. Stubblefield stated the Public Works department said they have talked to the Council for over a year regarding this problem. Mariana Duran, 4520 Carr, said she is a new resident in The Colony and is concerned about the removal of the fence. She has already had vandalism. Ms. Duran said the city should have budgeted money to maintain the fence. Irving Martin, 4510 W. Lake Highlands Drive, said he is a 35 year resident and ~-' 6 ~ 0051 believes the fence should fall under the grandfather clause and should be left in place. Mr. martin said everybody needs to cooperate in that neighborhood, noting that he doesn't believe the back yard on Lake Highlands are worse than those on Carr St. Mayor Manning said the fence will not removed until further research is done. 6. CONSIDERATION OF GRANTING SPECIAL EVENT STATUS TO "THANKS FOR THE MEMORIES", AN APPRECIATION EVENT THANKING FORMER DALLAS COWBOYS FOR THE "BACK TO BACK" SUPER BOWL SUCCESS Johnny Smith said representatives from the William Ware Agency have requested permission to hold an event at Stewart Creek park honoring members of the Dallas Cowboys football team who are leaving the team and who have contributed to the back to back Super Bowl victories. Mr. Smith said staff is requesting the council designate "Thanks for the Memories" as the third special event pursuant to Resolution 93-32 for 1994 and to waive the 90 day written notice requirement due to the time constraints for this event. General discussion followed regarding the date of the event. Mr. Ware addressed the Council stating this would get national media attention and bring sales tax dollars into The Colony. Motion to designate "Thanks for the Memories" as the third special event at Stewart Creek Park for 1994 and to waive the 90 day notice requirement - Bogan; second - Lynch. Mr. Ware asked if the holiday week-end could be waived to allow the event to be held on July 4th week-end. Mayor Manning advised that is not on the agenda and cannot be addressed tonight. Mr. Ware said this event will be a huge benefit to the city and that he wants it to be a community affair. Bert Taber also with the Ware Agency said they will be sure there is crowd and traffic control. Mayor Manning suggested they meet with the Parks and Recreation Board next Wednesday and the council will address again, if necessary. Motion carried with a unanimous roll call vote. 8. CONSIDERATION OF AUTHORIZING A LETTER OF COMMITMENT TO MATTHEWS SOUTHWEST FOR CONSTRUCTION OF A GOLF COURSE ON WYNNEWOOD PENINSULA Johnny Smith said he had met with Tim House of Matthews Southwest and Rusty Nichols recently regarding the proposed golf course on Wynnewood Peninsula. Mr. Smith said Matthews Southwest has asked the council to grant them a 60 day option on the property to bring in a plan for continuing with the golf course. Mayor Manning said John Young who has the current contract with the City to build the golf course has had trouble with his financing and his option had expired on April 30, 1994. The Mayor said Matthews Southwest had met with him also and advised they want to bring golf to the Wynnewood development. 7 Rob Farrell, President of Matthews Southwest said his firm has a vested interest in the Wynnewood property and they want to see golf in their development. Motion to authorize a Letter of Commitment to Matthews Southwest granting them a 60 day option to bring in plans for a golf course on Wynnewood Peninsula - Agnew; second - Bogan, carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD APRIL 18 AND 25, 1994 Motion to approve the minutes as written - Lynch; second - Bogan, carried with a unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING NEGOTIATIONS WITH ENGINEERING FIRM FOR THE DESIGN AND CONSTRUCTION OF THE EXPANSION OF THE WASTEWATER PLANT Johnny Smith stated that council had interviewed four engineering firms for the design and construction of the wastewater treatment plant. Mr. Smith said the council needs to select one firm with which to enter into negotiations. Mayor Manning explained that one firm can be selected tonight and if we cannot come to an agreement, then we can negotiate with another firm. Mayor Manning said based on the minutes of the last meeting, it appears there is a consensus to enter into negotiations with Wasteline Engineering. "-" Motion to accept Wasteline Engineering as the primary firm and G.S.W. as the secondary firm for the design and construction of the expansion of the wastewater treatment plant - Lynch; second - Pollard. Councilman Lynch said based on the minutes from the Work Session, he tabulated the votes for each firm. He said Wasteline Engineering received 4 first place and G.S.W. received 3 second place, and due to that he made the following motion. Motion to accept Wasteline Engineering as the primary firm for the design and construction of the expansion of the wastewater treatment plant - Lynch; second - Pollard, carried with a unanimous roll call vote. Mayor Manning said the council will communicate desires to the City Manager. Mr. Smith said he is sure any concerns can be worked out, noting the personnel data sheet was just received and there had been some trouble contacting Mr. Briesch's office. 10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING SECTION 1, DEFINITIONS; SECTION 3 RELATING TO UTILITY CONNECTIONS AND SECTION 6 RELATING TO RATES -'-'- Ms. Jackie Carroll advised that there are some small commercial complexes with small water usage and the current ordinance says we have to send them a minimum bill for each occupied unit. She stated the amendment allows for one master bill. Councilman Bogan said some of the units have little or no usage and it is unfair to bill the owner for the minimum on each of these units. Councilman Lynch asked if a small complex could be individually metered if they wanted to and Ms. Carroll advised they can. Councilman Marks asked why the city should control how tenants are billed. Councilman Bogan said this will reduce the amount of money charged to the owner of the building and the owner can then bill the tenants as he chooses. General discussion followed regarding variations and possibilities that would be fair to the property owners and the city. Councilman Pollard said there is a whole list of problems relating to small businesses and this ordinance is trying to address them, but suggested it needs more work. No action was taken and Mayor Manning directed staff to research further and bring back at a future meeting. 11. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT OF BIDS FOR THE SALE OF THE WATER TANK IN THE EASTVALE SUBDIVISION Motion to authorize the advertisement of bids for the sale of the water tank in the Eastvale Subdivision - Lynch; second - Agnew, carried with a unanimous roll call vote. 12. CONSIDERATION OF A RESOLUTION DESIGNATING THE DENTON RECORD CHRONICLE AS THE OFFICIAL NEWSPAPER FOR THE CITY OF THE COLONY Councilman Bogan opened the discussion by stating that on several occasions publications have been delayed due to the weekly publication of The Leader. General discussion regarding problems with delay. Councilman Lynch said he wants to leave The Leader as the official paper to ensure that all citizens get notices, stating the Denton Record Chronicle is not as available to everyone as The Leader is. Councilman Marks said the Council could asked that both be used for publications. Motion to designate the Denton Record Chronicle as the official city newspaper - Marks; second - Agnew. Patti Hicks advised that the paper designated as the official newspaper will be used every time and the other paper would be the secondary publication. She reminded the council that publications in two papers is not budgeted for this year. Doris Carpenter, 5260 Ragan Drive, said the local newspaper has done a good job and the council needs to support it. Joyce Fulco, 4712 Clover Valley, said if two papers are needed, The Leader should be kept as the official paper and the Denton Record chronicle should be the secondary paper. She said The Leader has done a good job. 9 Drucilla Secor, 5212 Hawse, asked the Council to please keep the Leader as the official newspaper, noting the senior citizens read it and the Leader keeps the citizens ~'-'"' informed of what is going on. Lynn Dickerson, The Colony Leader, publisher and president of Harte Hanks Community Newspapers said she is distressed that elected officials make decisions based on personal opinion, going on to say she thinks this is a last effort of out-going councilmembers to punish the paper for not being their puppet. Ms. Dickerson said the Denton Record Chronicle has almost no circulation in The Colony and The Leader is delivered to 8000 homes. Councilman Bogan responded by stating it is nice to have a representative from the Leader at a council meeting. Ms. Dickerson advised that Cindy Ingram, the reporter, has been sick and on vacation. Councilman Pollard said the council has to look at what is in the best interest of the community. Councilman Marks said we all talk about how many people read The Leader, but many times items are published and we (the city) get no response, so the real issue is timely publication, not that citizens read it. Councilman Marks said this is not a political action. Councilman Agnew stated he had never met Ms. Dickerson and that he resents being accused of making a political decision, going on to say he has no problem with The Leader. Motion failed with the following roll call vote: Lynch - No, Pollard - No, Agnew - No, Bogan - Aye, Marks - Aye, Manning - Aye. 14. COUNCIL COMMITTEE REPORTS 15. CITY MANAGER'S REPORT 1. A joint work session with P & Z has been requested regarding the Stewart Creek Development second phase. Council agreed to meet May 23, 1994. 2. The software for the police department computer purchased in November is still not working properly. The company has agreed to pull their software and we will be purchasing new software from another company. 3. Fire engines - one engine will be back in service this week. 4. There is a solid waste conference next week in Dallas. 5. Approximately 95 persons have voted early. Early voting ends tomorrow at 5:00 p.m. The Election is May 7, 1994. Polls will be open from 7:00 a.m. to 7:00 p.m. 6. The City of Lancaster has requested assistance from area cities in the clean up. We will be sending a crew on Saturday to help. Johnny Smith noted we did send law enforcement assistance to Gainesville. 10 00,5150 9:30 p.m. 16. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.072 RELATING TO LAND ACQUISITION, TO-WIT: A. ACCESS EASEMENT FROM FM 423 WEST TO THE LIFT STATION 10:06 p.m. 17. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION With no action to be taken and no further business to address, Mayor Manning adjourned the meeting at 10:10 p.m. APPROVED: William W. Ma~"nin~, Mayor ~ ATI'EST: Patti A. Hicks, TRMC, City Secretary 11