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HomeMy WebLinkAbout06/05/1995 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 5, 1995 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 5th day of June, 1995, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilman Present Mary Blair Watts, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Absent John Dillard, Councilman Present G. David Heiman, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Bren~; Ledbetter, 5644 Tucker, expressed serious concern over the repeated occurrence of gun shots in his neighborhood, stating the "target" house has been a subject of discussion for about 2 years. He stated there is lOts of come and go traffic and that this has been reported to the police. He requested immediate action by the police and the council because he does not want to live in a war zone. Mayor Manning said everyone shares Mr. Ledbetter's concern and that the city will do all in their power to stop this activity. Mr. Ledbetter said the neighbors will help in anyway they can. Mike Lynch, 4921 Roberts, addressed the council regarding sludge handling, encouraging the new councilmembers to get a copy of a study done regarding a new type of system. He said the council had already agreed to use a centrifuge and now the city is spending money to go out for RFP's on all three types of systems, when the council has already made the decision. Mr. Lynch also said the city is paying additional fees to the engineer to prepare specs on all three systems unnecessarily. He went on to say the city is spending $1200.00 weekly to haul sludge. Mr. Smith said the engineer is charging a flat fee and it does not matter whether he writes specs for one or all systems. Mr. Lynch said he spoke to the engineer and was told he was getting paid hourly. Janice Brady, 5519 Squires, Recycling Coordinator, advised the city has been recognized with the "Best Municipal Recycling Program Award" from the RCT. She thanked the city for their support. Jim Barnes. 4913 Avery. Place, said the first crime prevention seminar sponsored by TRIAD is to be held June 22, 1995 at 7:00 p.m. in the Council Chambers and urged everyone to come out and show support for the educational program. 4 Patti Hicks. 4160 Clary, City Secretary, said the city will be participating in the national "Pause for the Pledge" on Flag Day, June 14, 1995 at 6:00 p.m. The ceremony will be held in front of City Hall, by the flag poles. This is the 16th year for the national ceremony. Mayor Manning then read a proclamation regarding the celebration. 3. PRESENTATION TO FORMER COUNCILMEMBER MIKE LYNCH Mayor Manning presented a plaque of appreciation to former Councilman Mike Lynch. Mr. Lynch thanked the council and the community for the time he was allowed to spend in office, stating he hoped he made a little bit of difference. 4. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MAY 15 AND 17, 1995 Councilman Hardin pulled the minutes to have a letter prepared and read at the May 15 meeting by Gary Herman, made a part of those minutes as Attachment "A". Motion to approve the minutes as written and adding Attachment 'A~ - Hardin; second - Dillard, carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE RESURFACING OF STEWART CREEK PARK ROAD AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Bids were opened and read publicly on May 25, 1995. Five bids were received: Brock paving Industries $68,647.00 Allied Asphalt $53,577.00 Sunmount Corporation $74,615.00 Reynolds Asphalt $61,901.00 Abcon Paving $69,103.00 Staff has reviewed the bids and recommend awarding the contract to Allied Asphalt, the low bidder on the project. Motion to accept the bids and award the contract to Allied Asphalt as recommended - Dillard; second - Heiman, carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION REPEALING RESOLUTION 88- 04 WHICH ESTABLISHED ANNUAL APPOINTMENT OF CITY COUNCIL LIAISONS TO ADVISORY BOARDS 0057!d The Council voted to eliminate the council liaisons to advisory boards at the May 15, 1995 meeting, however the item had been placed on the agenda for discussion only. This resolution will formally ratify that action. Motion to approve the resolution as written - Dillard; second - Heiman, carried with a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION SUPPORTING SENATE JOINT RESOLUTION 34, RELATING TO INITIATIVE AND REFERENDUM This item is being placed on the agenda at the request of Councilman Heiman. S JR 34 was sponsored by Senator Jane Nelson and provides the powers of initiative and referendum to the voters of the State of Texas. Motion to approve the resolution as written - Dillard; second - Heiman, carried with a unanimous roll call vote. 5. DISCUSSION OF PLANNING AND ZONING COMMISSION MEMBERSHIP AND CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THAT DISCUSSION Councilman Watts said she asked for this agenda item because after the May 15 meeting where Mr. Steve Tolen's position on the Planning and Zoning Commission was discussed another letter from Mr. Tolen appeared in The Colony Leader. She continued stating the council discussed his letters in the paper and using P&Z title in those letters. Councilman Watts said both letters were signed with his name and P&Z position. The Council had asked Mr. Tolen if he could serve in the P&Z position to the best interest of the city and after the second letter, Councilman Watts said she does not believe he is performing in the best interest of the citizens who voted in the last election. She said these were the best informed voters in a long time and that they want people who are in favor of responsible economic growth and that respect city staff. She said the Councilmembers serve at the discretion of the voters and that P&Z members serve at the discretion of the Council. If Mr. Tolen believes that serving the best interest of the city means creating controversy, division or ill will,then I don't believe he is in touch with the majority of the voters and it is incumbent on this council to thank him for his time and service on the commission but to also replace him. Councilman Hardin said the second letter was already at the paper when Mr. Tolen was speaking to the council on the 15th, that it had nothing to do with this and was not politically motivated. She said the question is whether he is doing his job. She said she doesn't know if staff has told board members not to use their titles. Councilman Watts said Mr. Tolen could have told the council on the 15th that he had already submitted another letter. Councilman Hardin said the question is still whether he is doing his job on P & Z. Councilman Heiman said he does not have a problem with Mr. Tolen speaking his views but he does have a problem with, 1) he used his title of P & Z Commissioner and 2) 0057_t6 when I asked point blank if he had signed the letter with his title, he said he had not. Councilman Heiman found that was not true and causes integrity concerns. Councilman Hardin said he should not be removed because he used his title on a letter because that has nothing to do with his job (on P&Z). She said he had not been told "not to do that". Councilman Longo said the problem is not "using his title", but that he used his position to attack the Mayor of the city, stating there was a proper way for him to go about asking questions and he did not do it that way. Councilman Longo said the City Manager and the City Attorney have done research and found the Mayor to have done nothing wrong. Councilman Hardin said she read the letter from the attorney and found no answers in it that state the Mayor has done nothing wrong. Again, Councilman Heiman said he has no problem with the attack, but does have a problem with lying and inappropriate use of an official title. Specifically, Councilman Heiman said Mr. Tolen stated he did not sign the letter with his title, but that the paper added the title. That was not true, the letter was signed with the title. Councilman Watts agreed with Councilman Heiman, stating she also has no problem any employee, committee or board member writing letters to the editor, but that she does have a problem with Mr. Tolen's mis-use of his title. Motion to remove Steve Tolen from the Planning and Zoning Commission - Watts; second - Longo. Mr. Tolen addressed the council stating it is ironic that he should be attacked when he was the one raising questions about ethics. He questioned why he should be removed for writing a letter to the editor with his P&Z title on it and he asked if we are suspending first amendment rights. Mr. Tolen then proceeded to give a chronological listing of letters he has written to the newspaper. He said his letter of May 10 was to have been an "In My Opinion" article which requires biographical information, but the paper published it as a letter to the editor. He said he believed he has acted properly. Mr. Tolen then cited examples of letters and articles written by the Mayor and Councilman Longo on which they used their titles and one written by Councilman Heiman on which he did not use his title. Mr. Tolen said we all know this is not about how he signed the letters but about his questions about the Mayor's building and went on to say the information from the City Attorney confirms some errors made by staff during the process. He said he has done nothing wrong and asked 'hvho has the best interest of the city"? Betsy Vaughn, 5020 Lake Shore Blvd., said she does not know Mr. Tolen and referred to Councilman Watts statement about the voters wanting a positive attitude. She said she did not vote for Councilman Watts and that she wants people who are thorough, who ask questions and who do their homework. She said it sounds like Councilman Longo and Councilman Watts are doing what they are accusing others of doing. She said she wants to see everyone work together and put politics and personal agendas behind us. Dewayne Snider, 5048 Roberts said he is the architect on the building in question. 7 00571 He said the procedure followed was on recommendation of former city staff member, Bob van Til who said the site plan required approval of both P&Z and Council, but it really didn't. Mr. Snider said a question of aesthetics was raised, and he noted that is not part of site plan approval. He said there is nothing wrong with the materials used in the building. Mr. Snider noted that the seal of the Fire Marshal was not required at the time this building was reviewed by staff. He said everything went through staff review, P&Z and Council and that no problems were ever brought up until just before the election. He agreed there may have been problems with the direction the staff took but it had nothing to do with Mayor Manning or him (Snider). Sam Riggs, 5092 Lake Shore Blvd. quoted a letter from Councilman Watts to Johnny Smith regarding the proposed marina and stated that he is not sure the Councilmembers should attack an agency of the federal government before they know all the facts. Ken Wood, 5000 N. Colony Blvd. spoke as a citizen and as a Library Board member, stating he writes a column for the paper and always keeps it to Library issues. Mr. Wood said when he writes about his personal opinion he omits his title as a board member. He said this is a complicated issue, stating it is wrong to use the title because of power, but it is right because it is important that people know why you have a certain point of view. Mr. Wood said the charter states that board members serve at the whim and pleasure of the council and if a board member cannot get along with the council, then he questions if the board member is doing an effective job. Mike Lynch, 4921 Roberts said 2 years ago when he ran for council he had an opponent who was a member of P&Z. He said it was a very dirty election campaign but it did not jeopardize her position on the commission. Motion carried with the following roll call vote: Longo - Aye; Watts - Aye; Hardin - No; Dillard - Aye; Heiman - Aye; Manning - Abstain. 6. RECEIVE A REPORT FROM THE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS REGARDING A FEASIBILITY STUDY FOR THE PROPOSED GOLF COURSE ON WYNNEWOOD PENINSULA The EDC met May 30, 1995 to discuss contracting with a firm to perform a feasibility study on the proposed golf course on Wynnewood Peninsula. Gary McClure, Jerry Sebastian and Tommy Thompson,, representatives of the EDC, presented their findings and made a recommendation to council to authorize a contract with Economics Research Associates to perform the feasibility study. Mr. McClure advised the council that much research and study had gone into the board's recommendation and that the developer has already spent a lot of money on this project. The developer has at this time agreed to pay $5000.00 toward the cost of the study. If the city contracts for the study, it will ensure an unbiased report and we will know if this is a viable project or not. All the money spent will be reimbursed if the project goes forward. The total cost to the city will be $22,800.00. This item will be on the June 19, 1995 agenda for action. 7. CONSIDERATION OF A RESOLUTION SUPPORTING A FULL SERVICE MARINA IN THE COLONY At the May 15, 1995 meeting, the council agreed to take formal action to that end on this meeting, supporting a marina in The Colony at a location approved by the Corps of Engineers and subject to approval by the Corps, enter into good faith negotiations to develop a lease agreement with The Colony Bay Development Group. Councilman Hardin stated there needs to be a Post Script (P.S.) telling the Corps we are going over their heads if necessary to get this done. Further discussion followed about the need for Corps approval to get a marina in the City and that it is necessary for the City to be in support of a marina for the Corps to ever consider approval of such a project. Mayor Manning read the resolution in it's entirety at the request of Mr. Mike Lynch Mike Lynch, 4921 Roberts stated this is not a bad concept but that we need to get the Corps approval and then go out for RFP's. Sam Riggs. 5092 Lake Shore, said he has spoken on this subject before and wants to find out exactly what the Corps will allow. He said he understands Captain Larry Bailey did some work for one of the candidates during the recent campaign for election. He asked the council to do their homework. Brent Br0wnfield, 5016 Lake Shore, said we are rushing this and we may create some problems. He is concerned with traffic and noise and stated that most of his neighbors are opposed to the marina in this location (The Colony Slough). He said he thinks this will cost the city, not be a benefit to it. Michael Miller, 4520 Lake Ridge~ said he met with Mr. Becker a year ago and all questions were answered positively at that time, but that he thinks we need to seek out other developers and explore all our options. Councilman Heiman said he supports the concept in general but suggested the resolution not name a particular development group. Motion to approve the resolution as modified to reflect no particular development group - Heiman; second - Hardin. Councilman Longo, responding to Mr. Riggs, stated that he had not received any help from The Colony Bay Marina, but that he believes we need a marina in The Colony either through The Colony Bay or some other developer. Motion carried with a unanimous roll call vote. 8. CONSIDERATION OF AUTHORIZING A LETI'ER OF INTENT TO THE COLONY BAY DEVELOPMENT GROUP FOR THE DEVELOPMENT OF A MARINA WITHIN THE CITY OF THE COLONY AS APPROVED BY THE CORPS OF ENGINEERS Mr. Smith advised that this letter was requested and drafted by The Colony Bay Development Group and will serve as the city's intent to work with them to obtain Corps 0O5716 of Engineers permission for the proposed marina and to negotiate in good faith and enter into a lease with The Colony Bay Development Group for a marina and recreational property development in the City of The Colony. Lengthy discussion followed about the need for this letter in light of the resolution just passed. It was noted this is only a letter of intent and it shows the city's interest in pursuing a marina. Mr. Smith pointed out there is no lease at this time with The Colony Bay and we will not talk about one until the Corps approves the marina at a particular location. Mr. Toby Pollard, 5402 Sutton Place asked when the negotiations will happen and if they will be open to the public. He said the city should not tie themselves down so they cannot compete with other cities to get a marina elsewhere if the Corps says no to this proposed location. Councilman Longo said the city council all agrees we want a marina and we are researching everything that comes before us. Councilman Heiman asked if the letter of intent would be effective if it did not name a specific developer and location. Councilman Watts said to ask the Corps consider the entire shoreline and then find a developer to build in the approved site would be wasting time. Mayor Manning agreed that the Corps might not take the city seriously if we don't give them specifics. Councilman Longo said he thought the intent was to overturn the Corps' moratorium and if we can, then we can move ahead. Councilman Hardin said no other firm has come forward but noted the city has not advertised this as a possibility. She agreed that we need to go out for RFP's and then pick a company and location as approved by the Corps. Councilman Heiman agreed that we need to go out for RFP's but said he thinks a specific site needs to be named. He thinks a specific developer may not need to be named. Councilman Longo suggested that "within the city limits" is a site. Motion to approve the letter of intent as presented - Dillard; second - Watts, carried with the following roll call vote: Longo - Abstain, Watts - Aye, Hardin - No, Dillard - Aye, Heiman - No, Manning - Aye. 9. CONSIDERATION OF AUTHORIZING A CONTRACT WITH PHELPS/WOOD ARCHITECTS FOR THE DESIGN OF A LABORATORY/OFFICE BUILDING FOR THE SEWAGE TREATMENT PLANT Application has been submitted to the Texas Water Development Board for funding of improvements at the wastewater treatment plant, part of which is the construction of a new office and laboratory. The contract calls for compensation of $6750.00 based on a rate of 9% of the estimated construction cost of $75,000. Tom Cravens advised the building will benefit operations greatly and noted that it will not effect any future expansion. He said it can be used for many years, long after any future expansion. Mr. Smith reminded the council that during planning sessions for wastewater expansion, they had agreed this building could be included in a loan request from the TNRCC at this time. Discussion followed regarding current staffing, current costs for sludge handling, lab work, etc. Mr. Art Phelps addressed questions concerning the contract, stating that they will 10 OO571/ provide estimates at 3 stages so the council will know what the exact costs are and that they will know the budget ahead of time and design the building accordingly. Discussion followed regarding Phelps-Wood qualifications. Further discussion regarding the need to do this now, with staff clarifying the number of operators needed, space needed for efficient operations and how testing is done. Mr. Smith said this is what staff thinks is best for our operations Motion to approve the contract - Dillard; second - Watts, carried with the following roll call vote: Longo. Aye, Watts - Aye, Hardin. No, Dillard - Aye, Heiman. No, Manning - Aye. 10. CONSIDERATION OF PROPOSITIONS TO BE PLACED ON THE BALLOT FOR THE CHARTER AMENDMENT ELECTION TO BE HELD AUGUST 12, 1995 The Council discussed proposed amendments submitted by the Charter Committee, to the Charter in a Work Session held on May 17, 1995. At this time, they discussed the propositions individually. Motion to approve the propositions as presented - Watts; second - Hardin. Councilman Heiman questioned section 2.06 regarding council vacancies and stated he believes the voters should decide who they want on the council and that the appointed member should still be required to run at the very next election. Councilman Heiman also questioned 7.07 regarding recall, stating that 30% is too large a number of voters and it should be decreased. Motion to amend the previous motion to approve all propositions except 2.06 and 7.07 - Heiman; second - Longo, carried with the following roll call vote: Longo - Aye, Watts - Aye, Hardin - Aye, Dillard - No, Heiman - Aye, Manning - No. Discussion as follows. There was no support from the rest of the council to leave section 2.06 as it exists. Section 7.07 - Councilman Heiman said we have never had a 30% turnout in an election and he believes it should be a lower number and it should be limited to the single member district if the official is a district councilman. Councilman Hardin said the turn out depends on the part of town and recall is a serious issue and it should require 30% (to call the election). Patti Hicks advised there has never been a recall election nor has a petition for recall ever been presented. Motion to approve these two sections as presented - Dillard; second - Longo, carried with all council voting Aye, except Councilman Heiman who voted No. 11. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ORDERING AN ELECTION TO BE HELD ON THE 12TH DAY OF 11 AUGUST, 1995 FOR THE PURPOSE OF SUBMITI'ING TO THE QUALIFIED VOTERS OF THE CITY FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER Motion to approve the ordinance as written - Dillard; second - Hardin, carried with a unanimous roll call vote. 12. CONSIDERATION OF AN ORDINANCE WHEREBY THE CITY OF THE COLONY AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO CERTAIN TERMS REGARDING THE TELEPHONE COMPANY'S OPERATION OF ITS TELECOMMUNICATIONS BUSINESS WITHIN THE CITY OF THE COLONY Mr. Smith gave the background on the City of Port Arthur et al vs. Southwestern Bell Telephone Cause Settlement. This franchise ordinance is a result of said settlement. The Colony will receive approximately $217,000 cash settlement and approximately $235,00 credit toward system improvements. The money should be received in 30-90 days and the Council will need to decide how the money will be spent and where the credits should be used. One time capital expenditures such as emergency equipment was suggested. Motion to approve the ordinance as written - Dillard; second - Hardin, carried with a unanimous roll call vote. 13. CONSIDERATION OF A REQUEST TO RE-OPEN A ZONING CASE ON PROPERTY DESCRIBED BELOW TO CHANGE PROPERTY CURRENTLY ZONED OFFICE DISTRICT TO A PLANNED DEVELOPMENT FOR GENERAL RETAIL AND LIGHT COMMERCIAL SOUTH OF NORTH COLONY BOULEVARD WEST OF MAIN STREET (FM 423) The ordinance on the zoning case in question was addressed and denied on January 16, 1995 by the City Council. Pursuant to Resolution No. 95-16, an item may be brought back for re-consideration within six months of being voted on if a request is made in writing by a member of council from the prevailing side or by a newly elected councilmember. This item is being requested for reconsideration at the written request of Councilman Mary Blair Watts. If the council votes to re-open the case, the case will be advertised and brought before both the Planning and Zoning Commission and the City Council for public hearings and action. Mr. Smith noted that if there are no major changes in the request, there will be no new fees. Motion to approve the request to re-open the zoning case - Heiman; second - Watts. 12 0087 0 Mike Lynch, 4921 Roberts reminded the council that due to the complexity of the case they need to re-look at the Club Fore agreement specifically regarding the access road. Mr. Smith agreed the roadway will be looked at. Motion carried with a unanimous roll call vote. 14. DISCUSSION OF THE VARIOUS SALES TAX OPTIONS AND POSSIBLE USES IN THE CITY OF THE COLONY Councilman Heiman requested this item and said the city needs to consider the additional sales tax for two purposes 1) giving property owners tax relief and 2) public safety. He said the Council would have to take specific action before the city can pursue the public safety use, but he believes we should do this if possible. Lori Harlan, Economic Development Coordinator, said the city will have to do a lot of research and will have to be very careful. This will take the Attorney General's approval as well. Mr. Smith said the EDC was created to research tools for economic development and growth and he hoped they would work will all groups in the city and citizens to develop the best use before this goes to the polls. Council discussed possible uses and all agreed the EDC should follow through with their plan. Ken Wood, 5000 N. Colony Blvd. said the only way to reduce ad valorem is to reduce it not increase sales tax. That just takes it from another pocket. 15. CITY MANAGER AND STAFF REPORTS 1. Tours of the lake are being scheduled during the next two weeks. 2. Request July 3 meeting be changed to July 10 due to July 4th Holiday. This will be on the next agenda. 3. Need a work session to discuss the Denton County Government Center and to discuss the relationship between Council and P & Z. ROVED: , L~illiam W. Manning, Mayor ~ Patti A. Hicks, TRMC, City Secretary 13