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HomeMy WebLinkAbout10/07/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 7, 1996 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 7th day of October, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with seven present, a quorum was established and the following items were addressed: INVOCATION - Todd Weathered - Colony Park Baptist Church PLEDGE OF ALLEGIANCE 7:35 p.m. 1. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 OF THE LOCAL GOVERNMENT CODE REGARDING PERSONNEL, TO-WIT: A. CITY MANAGER'S EMPLOYMENT STATUS 8:45 p.m. 2. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION Mayor Manning asked City Attorney, John Hill, to read the motion for appropriate action to be taken as a result of the Executive Session. John Hill, "The City Council will accept the resignation of Johnny Smith as City Manager, effective January 6, 1997, upon the following terms and conditions: 1. Terms of Mr. Smith's Employment Agreement will continue in effect through January 6, 1997; 2. Section 8 of the Employment Agreement relating to severance is to be amended to reflect that severance shall be as follows: City is to pay to Johnny Smith the sum of $76,000.00 as follows: 1/2 due and payable on October 22, 1996; 1/2 due and payable on January 6, 1997; 6 3. The terms of this agreement are to be put into writing and signed by the City and Johnny Smith". Motion as stated above by the City Attorney - Kovatch; second - Dillard, carried with a unanimous roll call vote. 3. CITIZEN INPUT Jerry Schultz, 5401 Gibson, addressed the council regarding on-going problems he has had with some of his neighbors and neighborhood dogs. He stated his wife had been attacked in their home. He expressed concerns over apparent loss of records regarding his complaints, inability of police staff to retrieve certain records by computer and the ineffectiveness of city ordinances. Mayor Manning advised Mr. Schultz that his 5 minutes was up and told him staff would get back to him about these problems. Joyce Cravens, 5212 Reed, "I have talked to a few council persons lately. Each time they voiced pleasant surprise that a citizen would call asking questions. Something else a person said things like 'the only time I hear from citizens is when they have a problem. Another said, 'you've got to talk to us.' I would like to say, you've got to talk to us. Don't let the only time you talk to us is when you want to put a voting sign in our yards. Is it so unheard of for a councilmember to pick up the phone to call me up to say, 'I'm going to vote on an issue. What do you think?' What is your test for yourself to ensure your vote is not your personal agenda? What percent of your constituents agree or disagree with your position? Don't assume that I won't understand the issues. Don't just think there are only a few well-informed citizens. There were plenty of well-informed citizens who voted for you, weren't there? What efforts are made to find out what I really want to know? Some remarks are made, 'Well, if the citizens are not satisfied they can petition for recall or they can speak at election time.' Why should that be our only recourse? Why can't there be communication and dialogue now between council officials and citizens? I would be pleasantly surprised if the council person in Place 6 would call me up and ask, 'Joyce, I'm thinking of voting a certain way on an issue. What do you think?' You called me personally and asked for my vote, remember? Some council persons say, 'I vote my conscience.' I ask, am I part of that conscience? Evidently after this evening, I am not. We all say we want what's best for the city. I want Johnny Smith for my city manager. What experience he has. We need his experience and his knowledge. Johnny Smith is what is best for the city. I can see that my vote doesn't count. Thank you." Jerry Rooney, 5301 Sagers Blvd., "I'm a 17 year resident of The Colony and I came here tonight hoping that, living in the United States, that this was a democracy and I would have a chance to talk to the people that we pick out here and put into power before any decisions were made. Well, I wasn't granted that and I'm sorry for it. I would like to say to the people we have up here talking to ... when I found out there was a little problem, I talked to different council members over the weekend and the only thing we could get out of them was any problem was communication. Now communications to me is no big problem if you sit down and talk things over. I wonder why we haven't tried getting the [could not understand next few words] point where this is it with no big problem that I can find and we didn't have a mediator to try and sit in and bring things together instead of going through the route we went to tonight. I don't think 7 that was so good. One member suggested that it would help xne if I read the minutes from last week's meeting. I went to City Hall and for 80¢ I bought a copy of the minutes and I was appalled on what's in here as to what went on at that meeting. It's sad. As I read it, it reminded me of a script from a comedy show. That's the feeling that I got and it's sad that these people up here all voted things for me but they're acting like children not adults. I think it's very sad. I think we're never going to move ahead in this city if we don't try to attract business until we push aside our problems and try to not be divided but to act as a city, as one and not each going in different directions. I'm sure that when you accepted the position of being up here on the council, that you knew that there were going to be times when there were going to be differences but I thought that maybe you could work them out instead of going in different directions the way you are going here. I'm impressed with Johnny that through the years, there's not been a time when I've had a problem, and there's been several with the ordinances here, that I've gone to Johnny and they've always been solved. I can truthfully say that he is the only person here that I can always count on getting an answer from my phone call. I can't say that about everybody but I can say that about Johnny. It's been my thought that when we got a new man and we got a new crew in here, I thought everything was going well and I thought we were going in the right direction to get things going. Well, evidently not. It seems like the only publicity we get is bad. The only good publicity, unfortunately, we're getting is with our high school band and our sports program and I think that's sad. God bless the kids. That's all we've got. We should maybe applaud them - we need to act like them. Also, I'd like to remind you too, you know you worked on this and made a decision, unfortunately, we didn't have a chance to talk about it ahead, but I hope it was thought about [could not understand next few words] hearts prayed on it and did some soul searching before you [could not understand next word] on any of this and that, remember, that you're going to live with the decisions that you've made tonight. [Mayor Manning reminded Mr. Rooney he had one minute left to speak.] I thought the type of people up here we were going to have ... a group that was working together with the city manager and that we would be going in the right direction. It looked like we were and maybe I fell asleep and stopped coming to some of these council meetings feeling that way, maybe we've got to keep an eye out and watch a little bit more than we did. I thank you for listening." Mayor Manning then recognized Councilmember Watts and asked if she cared to say something. Councilmember Watts asked if Johnny Smith cared to say something. He responded that he did not. Lou Gomez, 5081 Shannon, "Johnny, I'm [could not understand a couple of words here] when I tell you this city is greatly indebted to you and that no severance package could ever compensate you for what you've done for us. And I think I speak for a lot of citizens in this room. When you leave here in January, you'll leave here with the knowledge that you've been there, done that, and that the wannabe's who caused you to come to this decision tonight, will never be able to achieve your stature. Now to the rest of you who participated in this fiasco, I'm ashamed that I have to apologize to the rest of the citizens in this town who supported you in an election ... a mistake I'll never make again. Two years ago we had the 'Village Idiot' and 'Rainman', sitting there in place one and two, and two years ago I promised them that I would work my tail off and spent obscene amounts of time, money and effort to see that they were 8 ousted and I'm making you that promise tonight. What you've done here today is an injustice. You have not considered the human side of the equation - (pointing to Councilman Longo) you're mad because you're not the mayor; you're mad because you can't get a corporal's position in the police department; and you're mad because you couldn't manage the senior center's project. How dare you. Who makes you so qualified? (Pointing to Councilman Watts) You're mad because you can't get a boat for Lake Lewisville." Councilmember Watts, "Excuse me." Mr. Gomez, "Excuse me, I've got the floor." Councilmember Watts, "Excuse me, I think that there is something in the city charter that does not allow a citizen to abuse personally ..." Mr. Gomez, "I'm not abusing anything. I'm exercising my right to free speech under the Constitution of the United States. Challenge that!" [Mayor Manning said something to Councilmember Watts which could not be understood due to shouting from the audience.] Mr. Gomez, "You people are mad because you couldn't have it your way. And you decided to take it out on a man who has a heck of lot more dignity and stature than any of you combined with the exception of the Mayor and the other three council members who are at least holding their heads up high tonight." Mayor Manning, "Let me say that I'm being very careful to listen for personal comments and I have not heard any yet." Mr. Gomez, "Now on a personal level, let me get personal with you right now. You (pointing to Councilman Avey) are a single agenda councilperson. You are only for Eastvale. You want to take advantage of the city coffers to pave the streets for Eastvale. Ma'am, all of us in this room who have lived here long enough to pay for the infrastructure, paid for our infrastructure. How dare you come up here and have a single agenda. How dare you use your public office to privately feed information to a subversive group who wants to go ahead and file suit against the city. Had this been wartime ... had you been in the service, you would have been in the locker room. How dare you. You people are here to discharge the public trust and do our bidding, the citizens who put you there. You have no business doing the capricious acts that you've taken on here tonight and in past acts. This is a circus and, by golly, come springtime, we're going to clean it up." Drucilla Secor, 5212 Hawse, "I don't know how I can say anymore than the wonderful people who have gone before me, but I can say this, Johm~y Smith has accomplished more in the short time he's been here. We are growing iii the right direction. When he came to speak to the seniors, he hadn't even moved here yet, and he cared enough and he said to me, 'I apologize for this terrible building and I hope it don't fall in on us tonight.' Johnny said, very plainly and very clearly, 'I think you've done a wonderful job with what you've got to work with.' I'll always remember that. He also said, 'if I can help you in any way ... you, seniors, I'm here for you. I have an open door policy.' Now this man has lived up to that promise. We wouldn't have the Senior Center today had not Jolumy lived up to that promise ... had not Mr. Manning and other commissioners in Denton saw to it that we seniors had fought hard for over five years to get a building of our own. We gave our time, our money, our hearts, our work, our backs to have that Senior Center and I'm so happy to say that, as we grow older, we have a place to go to. We have a place to call our own. We have a place to be safe. We have a place that we can share our hearts, our troubles, our fun, our laughter. Come on line dancing with us. We're older but we're not dead. [could not understand a few words] And on top of that, Jolmny, we thank you for coming to us. We thank you for making your home here. I hope you will stay with us. We need you, Johnny. The saddest thing is, and I think Mr. Gomez said exactly what we all feel and what we all think, [could not understand next couple of words] our respect, love, to let down the 9 city in this way and to use your positions to do it when we trusted you, believed in you, and worked with you, for you and because of you, and then you come up here and do this to the best thing that's ever happened to this city? Let's see how much you can make it grow. Let's see how much you can do it. It's in your ballpark now take it and run with it because we're losing the best thing that ever happened to this city. Thank you very much? Larry Floyd, 5128 Avery Lane, "Johnny, I want to thank you very much for what you've done. I've had the privilege of sitting in some city meetings with you and county meetings. You have a reputation throughout this county as a fair, honest man. I've heard some kind people out here talk about you. Now they can come to you and talk to you. I'm asking the city council, and I'm an elected official, if I did what you did, I'd step down. Those of you behind me, you need to step down. I supported several of you and I'll never do it again. Several of you I've heard want to run for mayor when Bill Manning steps down. There's only one person on this council I'm supporting and we haven't seen eye-to-eye but he's fair and I will support him when he comes up for it. Johnny, again, best of luck to you and I'm sorry you had to go through something like this. Again I ask for y'all to step down." Dick Weaver, 4940 Hackney Lane, "I'm here to talk about Johnny. Johnny, we really appreciated all you've done. You told us at the beginning of the time when we were working on the Senior Center, that we'd build something that Dick Weaver would be proud of. You accomplished that for us and helped us in every way you could. As far as I'm concerned, I was campaign manager for one of your men on the council and I'm extremely sorry that I ever had anything to do with being instrumental in his getting into the number one seat on the council. I wished that I had never had any of his help and I will do everything I can to get him out of there as soon as possible. Mary Watts never voted for a single thing for the seniors. She's truly against the seniors. (Directed to Councilmember Watts) I don't think you're going to get very far in this town with that attitude that you dislike the seniors. You're getting close to it yourself. Johnny, I appreciate your help in all these things. Mayor Manning, I appreciate your help. Johnny, I hope that you can find something a hell of a lot better than this city to work when you had to work with these people. Thank you." Joe Agnew, 5301 Nash, "Mr. Smith, Mayor Manning, members of the council. I'm sad to be here tonight, really sad. Three years ago I was part of this body and, I believe one of the best decisions I made as a member of that council was to hire Johnny Smith. Jolumy Smith is a man of high moral character, a man of commitment, a man who does what he says he's going to do ... a man of great ethics. And Johnny, I want to thank you for some things. There's some things that you've done for this city that I hope nobody forgets ... some things that are ongoing projects. But I do know that through your negotiation efforts, we now are going to have Josey Lane extension here through 121. [could not understand next couple of words] Also I know that you worked very hard to make Hidden Cove Park something that [could not understand next word] very proud of. Now I'm getting older and I'm a senior citizen [could not understand next few words] You were also instrumental in recent annexations that brought us some very prime property to this community. Additionally, you are currently working on some very important projects for this community and I'm glad that you've chosen to stay on for 90 days to help to make that a smooth transition. You've shown more class than several members of this council. I'm very proud to stand here tonight and tell all of those who chose to make this happen tonight that I am still proud of my decision, very proud, and one thing I'm most proud of you for, Mr. 10 Smith, is that you can look your council in the eye and when they wanted to violate charter, or they wanted to mn a department, when they only have four positions that they have any control over, you had enough gumption to look them straight in the eye and say 'No'. Thank you, you're a [could not understand a word here] to this community and as I told last time we talked, if you need a name on a resume, you may freely use mine. Thank you, sir!" Rich Lewis, 5013 Ashlock, "I, too, am sad on the decision that was reached this evening. Being a citizen and compared with some of the other citizens has to say, it's pretty shallow when a decision is made yet there are no details. There are no facts. There's no lies. It's just made. Also as others have said, I feel the same way. How could you do something like this and not get citizens' input? Calling, asking people's opinions, all there is 'Well, there's some things that have happened but I can't be too specific on it.' What are those things? Why do you hang a man before you know what he's done to deserve to be hanged? Why can't the citizens know? If Johnny Smith has done a bad job, tell us where, why, how. Not that you have personal agendas. Is that what this is all about, personal agendas? Or is this for fairness to the citizens of The Colony? I thought you people represented the citizens. If I'm in the minority, or if anybody that supports Johm~y Smith's in the minority, show us. Let us know. This is a democratic country. It was fought for to be that way. If the people that don't want Johnny Smith to be city manager aren't a majority, show me I'm wrong. Give me facts. Don't let me go look at some records where there's bickering and quarreling of people that can't get together. I don't expect all you people to have the same ideas on everything that happens to the city. But you are supposed to represent the citizens and I don't believe that you did a good job on this decision. To not have a formal vote on this to give Johnny a nice package is great for Johnny and his family. How about we know where each one of you stand on this decision? This is an important issue to us or we wouldn't all be here this evening. Johnny was always there to answer the phone or return a phone call. As been said earlier, I can't say that about every member here. Johnny, I ask you don't resign. Even though it sounds like it's a done deal, [could not understand next couple of words] financially I'd like to see these people be called to a formal vote so we'd know who to vote for next time. I'd like to know. I think everyone else would too. Thank you." Several members of the audience shouted comments at this point with the mayor commenting that he must keep order. He then recognized Jolmny Smith who wished to speak. Mr. Smith, "At the risk of seeming unappreciative (I probably can't get through this) I believe in this institution. I believe in the city. This is a mutually agreed to resignation based on circumstances beyond my control, but mutually agreed to. I was not fired. It was a negotiated agreement. Part of what you've given me credit for tonight, members of you in the audience and at this bench are responsible for it too. I'm not responsible for everything. I request of you, if anything, be a part of this community. You have a staff here that is second to none. They need your support. They need the support of this city council in setting goals and objectives, setting a budget, sticking within those guidelines, allowing the city manager and department heads to do that work in a manner approved by these seven elected, I say seven elected officials. I believe in that system. I've believed in it for twenty five years. I appreciate very much what you're doing. It's good for me. Probably good for you to get it out of your system, but we need to turn this energy into the right direction for this city. I intend to make the transition positive. I'll do everything in my power. That same challenge goes to you. You need to support and 11 communicate with these people that you've put up here. I need to do a better job or whoever follows me needs to do a better job in that communications, but the whole objective is supposed to be a quality of life in a Christian way working together. I believe in that. That's why I've made the best decision for my family and this community. I believe in the seven people up here put up here in these offices to represent you and I most believe in you (citizens) and this city staff. They need your help and support. I appreciate everything you're saying, just turn that energy now into working together because you can do anything you want to do and that Senior Center is the best example I can give you and these folks (council) were responsible too. It wasn't Johnny Smith. It wasn't any individual and .it goes all the way to Denton County. And that's the best example I can give you of what can be done when people work together in a positive manner on top of the table in the light of day and under the eyes of God. Thank you very much for your comments." Cathy Wood, 4909 Avery Cr., "As everyone has expressed, I appreciate and respect Mr. Smith beyond words. However, I'm here tonight to express my apprehension about the future direction of The Colony. A mutual respect for the distinctions between the council's role of policy making and the staffs role of administration must be established. A team approach by council should be cultivated and the council should work diligently to establish trust, loyalty and a sense of commitment from the city staff. The Colony should strive to continuously improve the prosperity of the city, to be enlightened leaders, and to fairly and equitably represent the majority of the citizens. These are guidelines and recommendations set out by the North Texas Council of Governments for a working relationship of mutual respect between councilmembers and city staff. There was an executive session tonight and the topic was a "no confidence vote" for our city manager. In my opinion, we have an experienced, well-trained city administrator who is attempting to do his job, however, he seems to be hampered. We have a council who is prepared to remove him with no consideration to the impact it will have on this city and its future growth, no consideration as to the expense and time requirements of a perso~mel search and hiring of a new city manager, no consideration for the turmoil this will cause for a city on the threshold of taking its first giant step for its future. Please do not lose sight of the fact that you as a city councilmember have been placed in office to work for the majority of the citizens. One of the main goals you should strive for is a stable and productive employee base. I believe the majority of city employees want to do their best. They desire a good working relationship with the council, however, employees need to be able to trust and respect those people who are put in office. In my opinion, what we have right now is a sense of insecurity and uncertainty on the part of our staff. We have councilmembers who have crossed the line from making policy to administering it because 'if we don't get involved, it will not get done.' That is not a councilperson's job. It is a councilperson's job to lay out the policies and let the city staff do their job. I believe this city council is creating an enviromnent which does not foster trust, loyalty, or commitment from the city staff, and, most of all, those citizens who see your actions. As a former city councilmember and a twenty year resident of this city, I have seen councils come and go. I view the council meetings on Monday nights and what I see is a council who, for whatever reason, whether it be a personal agenda, personality conflict, power or ego trip, who have allowed these considerations to override what is in the best interest of the city of The Colony and its citizens. I ask myself ... is the council on a witch hunt, are they slowly killing the working relationship with city staff, is the city staff asking themselves - who will be next? 12 I am dismayed and alarmed. I ask that this council step back and take another look. Take another look at who put you in office, why they put you in office, and if we were to take a vote in our own special executive session tonight, would you, as a council, receive a vote of no confidence from the citizens of this community?" Mike Alianell, 5628 Terry, "Thank you, Mr. Mayor. Several weeks ago I came before the city council in a meeting and requested that the council closely review the performance of our city administrators including Johnny Smith and our city secretary, Patti Hicks. I admonished council at that time that our city manager and city secretary had spent countless hours in making sure that our city was run proficiently. I guess the review was made and I would like to ask the mayor or somebody if the city manager received a raise?" Mayor Manning, "There was a unanimous vote of the council to provide the city manager with a 5% raise." Mr. Alianell, "How long ago was that, Mr. Mayor?" Mayor Manning, "Three weeks ago ... August 23." Mr. Alianell, "Three weeks ago this council voted that our city manager get a 5% raise. Is that correct? Three weeks ago. Your actions tonight have forced him to resign his seat as city manager of the city. I believe tonight, when I wrote this, I said 'The Colony is now blessed with the most professional and knowledgeable city manager that this city has ever had.' We have a city secretary that has been voted by other Texas cities to be the best in the state, the best in the state by her peers and by other cities. From what [could not understand next word] dispute i.n recent months we have the best department heads the city has had since any of us can remember. With everything going so well including all the new businesses that are looking at us to get on 121 and with the prospect of more businesses pretty soon, everyone has revelled in the fact that this council's done a good job. Iu fact you did great. Especially in keeping an administrator and the department heads that are making all this happen because, folks, you all don't do the work. These people do the work and are making this happen. You just make the decisions to guide them. They actually do the work. The city of The Colony at this point is in a very critical and extreme condition. Due to the fact that Highway 121 is completed with the exception of the Lewisville Bypass, and with Highway 190 just south of us being constructed, large businesses and entertainment entities are now looking at our area for rapid expansion and development. If any one of you has a personal pick or quarrel with our city manager or any other city employee for that matter, that's quite understandable. The adult and professional way to handle this situation is to identify the problem and work out a viable solution or comfortable and acceptable compromise. Anything less would be unacceptable to the people who pay taxes in the community. When we voted you into office we placed our confidence in you to conduct business on a professional level. Your decisions have made a tremendous impact with the tax rate money that this city spends. An error in judgment by a city council could cost the taxpayers countless thousands of dollars and would be closely scrutinized by the people as well as the news media, large businesses and entertainment organizations. This city has lost business before due to petty arguments by city councilmembers. Please reflect on why you ran for city council. The citizens of The Colony hope your reason was to look after the best interest of the city and to help it grow and prosper. We fear the results of a bad decision or action. We will hold you accountable." Roosevelt Johnson, 5077 Thompson, "I was at home minding my own business and figured I tune in to the cartoon show and I got a drama and it grieves me deeply." Councilmember Watts (directed to Mayor Manning), "I'm sorry. Could you have him state his name and address?" Mr. Johnson, "You don't know?" Councihnan Watts, "I'm sorry, sir. I 13 don't." Mr. Johnson, "I'm Roosevelt Johnson, Jr. I live on Thompson Drive. I'm in your district, John. (laughter and comments from the audience) Mayor Manning, "Let's try to keep it professional." Mr. Johnson, "Let's try to be professional, Bill Maturing. The bottom line is this. It appears as though, from my limited information, that some of the council people are having a catharsis of epic proportion over the fact that they haven't been treated the same maybe socially, ethically, or politically, or whatever by this man (Mr. Smith). You can't run a business on feelings. You can't run a business on how you feel. My problem is this. Johnny, it's not bad to be fired. I've been fired a bunch of times. But at the same time I understand why you did it and what's happening with this council and we wish you would reconsider and take them to court and fight it out in open so we'll know. All these people are saying is we want to know what's going on because we elected you. But since .that's not going to happen the question that bears answering now is who is on the hit list next? I guarantee you that you've got other people if you're gone somebody else has made somebody angry that's next and you can't run a city based on feelings so if there is someone else on the hit list, let us know now and maybe we'll get on your side. That's all we're saying. The other thing is who's going to pay as we go out again and spend $50,000, $60,000 again to find another city manager that comes out of your (pointing to the audience) pay raise, your tax budget, and everything else. So are we going to do this over and over again and I don't know who voted so I'll just call roll, Dave, John, Wilrna, David, Mary, and Bill, are we going to do this again or this is a one time shot that you get [could not understand next few words]. Is Patti next? Is the chief of police next? Or, (talking directly to Van Morrison, Fire Chief) I don't think they'll get you, you've been here too long. The point [could not understand next couple of words - audience too loud] on the hit list and if there is a hit list and if there is an agenda, I want you, Mayor, to put it on the agenda to call it up next time. Because we want to know and we don't want anymore backdoor surprises or someone should start a petition here now for recall." Mayor Manning then asked if anyone else would like to speak. With noone coming forward, he continued, "In that case I do have one comment to make. Apparently someone without ethics, morals, etc., has started a rumor within this city that Mr. Smith has misappropriated city funds. This entire council wants to let everyone know that there is absolutely no evidence of any kind that that is true. I'm saying there is a rumor started. Let it be known that noone on this council has any evidence to that effect. Therefore, the rumor is absolutely totally false. It is libelous and the person who has started it, if we can find who it is, will regret having done so." Motion to adjourn - Avey - No second, motion dies. 4. MAYORAL PROCLAMATIONS AND PRESENTATIONS The following proclamation was left off the posted agenda, but was read in its entirety and a signed original will be presented to the Rotary Club. DECLARING THE WEEK OF OCTOBER 13-19, 1996 AS ROTARY ORGAN AND TISSUE DONOR AWARENESS WEEK 14 PROCLAMATION DECLARING THE MONTH OF OCTOBER AS THE COLONY COUGAR BAND ROSE BOWL AWARENESS MONTH Requested to show the city's pride and support of the high school band for their achievement in being selected to appear in the Rose Bowl Parade in Pasadena, California, on New Year's Day. This proclamation was accepted by Mr. Dick Clardy, band director and Lou Ann Seewoester, band booster officer. PRESENTATION TO THE COLONY COUGAR BAND BOOSTERS Mayor Manning presented Mr. Clardy and Ms. Seewoester with a check for $1,000.00 from the city and the city's Economic Development Corporation Board of Directors. In turn, Ms. Seewoester presented the city with an official sponsor certificate. She and Mr. Clardy expressed appreciation to the city for their support this money represents. Mr. Clardy said he hopes the band will represent the city well at the parade. Mr. Smith said the video the band used in their application could be shown to the citizens by use of the public access channel 6, prior to the council meeting on October 21, 1996. PROCLAMATION DECLARING OCTOBER 10, 1996 AS REPUBLIC OF CHINA ON TAIWAN DAY Requested by Dr. Charles T. Ku of Lewisville. This proclamation will be mailed to Dr. Ku. PROCLAMATION DECLARING OCTOBER AS CRIME PREVENTION MONTH Requested by the National Crime Prevention Council. This proclamation will be mailed to the Crime Prevention Council. PROCLAMATION DECLARING OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH Requested by Denton County Friends of the Family. This proclamation will be mailed to Friends of the Family. 5. CONSENT AGENDA Mayor Manning summarized items on the Consent Agenda. Items A, D, and E were pulled for discussion. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD SEPTEMBER 16, 23 AND 30, 1996 Councilman Stanwick stated he has not had time to review the September 30 1996 minutes. 15 Motion to postpone the September 30 nfinutes and approve the September 16 and 23 minutes as written - Stanwick, second - Kovatch, carried with all members voting Aye. B. CONSIDERATION OF A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO TWO INTERLOCAL AGREEMENTS WITH DENTON COUNTY FOR THE PROVISION OF FIRE AND AMBULANCE SERVICE Each year the two agreements named above are brought before the council for renewal. They have been reviewed and approval is recommended. Motion to approve the resolution as recommended - Dillard; second - Stanwick, carried with all members voting Aye. C. CONSIDERATION OF AN ORDINANCE DISANNEXING A 7.684 ACRE TRACT OF LAND AND PROVIDING FOR RELEASE OF EXTRATERRITORIAL JURISDICTION TO THE CITY OF LEWISVILLE Per discussions with the City of Lewisville, the City Attorney has prepared an ordinance disannexing a certain 7.648 acre tract of land located in the City's southwestern city limits and providing for the release of extraterritorial jurisdiction to the City of Lewisville. The City of Lewisville took action at the September 16, 1996 council to dismmex a 24.459 acre tract of land and provided for release of extraten'itorial jurisdiction to the City of The Colony. This was previously discussed by the council at the June 17, 1996 council meeting. Motion to approve the ordinance as recomn~ended - Dillard; second - Stanwick, carried with all members voting Aye. D. CONSIDERATION OF A RESOLUTION SUPPORTING LEGISLATION THAT WOULD MANDATE THAT JUVENILES WHO COMMIT A CRIME WITH A DEADLY WEAPON WILL AUTOMATICALLY BE TRIED AS AN ADULT Senator Jerry Patterson, District 11 has requested cities to pass a resolution supporting the above named legislation in the next legislative session. Councilman Dillard pulled this item stating that while this is a noble idea, mandating that juvenile offenders who commit crimes using a deadly weapon be tried as adults limits the judges' hearing those cases. He stated a juvenile may in fact be justified in using a weapon in some instances and this legislation would mandate a harsher sentence. He said we need to be cautious. Councilman Kovatch stated the proposed legislation does not make it mandatory, but does give the judge the option of certifying juveniles as adults in these cases. Motion to approve the resolution as written - Kovatch. No second, motion dies. E. CONSIDERATION OF A RESOLUTION AMENDING RESOLUTION 95-24 16 ESTABLISHING PROCEDURES FOR AGENDA PREPARATION AND COUNCIL MEETING PROCEDURES Following a work session September 23, 1996, amendments to the existing resolution setting out guidelines for agenda preparation and meeting procedures have been made. Councilman Watts pulled this item, and asked if Section III (C) regarding roll call meant that the council would no longer have roll call votes. Patti Hicks, City Secretary explained that was in regard to calling the roll of council prior to the meetings. Mayor Manning said perhaps that should be clarified in the resolution. Ms. Hicks further explained that the resolution states, "That Section V - Attendance shall be amended in the following particulars: Paragraph 3 of Resolution No. 95-16 relating to an official roll call shall be deleted in it's entirety". Councilman Watts said that is sufficient. Motion to approve the resolution as written - Watts; second - Dillard, carried with all members voting Aye. F. CONSIDERATION OF RENEWAL OF AN AGREEMENT WITH METROCREST MEDICAL SERVICES FOR THE PROVISION OF MEDICAL CONTROL AND CONTINUING EDUCATION The Colony Fire Department has contracted with Metrocrest Medical Services since 1988 for Medical Control and Continuing Education services. The ammal cost for Medical Control is $8229.20 and for Continuing Education $8928.00. Approval is recommended. Motion to approve the agreement as recommended - Dillard; second - Stanwick, carried with all members voting Aye. 9. CONSIDERATION OF A RESOLUTION CALLING TWO PUBLIC HEARINGS FOR THE PURPOSE OF ANNEXING APPROXIMATELY 40 ACRES OF LAND, MORE PARTICULARLY DESCRIBED BELOW APPROXIMATELY 40 ACRES OF LAND CONTIGUOUS TO THE CITY OF THE COLONY, LOCATED IN THE WEST PORTION OF THE CITY, BOUNDED ON THE WEST BY STEWART CREEK PARK, AND ON THE NORTH, EAST AND SOUTH BY STEWART PENINSULA DEVELOPMENT SUBDIVISION Stewart Peninsula Development Partners is in the process of purchasing approximately 40 acres of land just outside the city. The current owners have agreed to begin the annexation process. This resolution begins the process by calling two public hearings to be held October 21 and November 4, 1996. Mayor Manning noted that the first hearing will be on October 21, 1996 and the second hearing will be November 4, 1996. 17 Motion to approve the resolntion - Kovatch; second - Dillard, carried with all members voting Aye. 10. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF THE COLONY, TEXAS, WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1996-C, IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $1,700,000, PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS; AWARDING THE SALE THEREOF; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT At the advice of our Financial Advisor, Boyd London from First Southwest, adoption of the above ordinance needs to be rescheduled, however, it is required that the ordinance be posted for this meeting. The Mayor read the following statement: "The City Council's consideration and possible action on an ordinance authorizing the issuance of the City's Water and Sewer System Revenue Bonds, Series 1996-C, in the approximate aggregate principal amount of $1,700,000, for improvements to the City's water and sewer system, is rescheduled for a meeting of the City Council to be held in the City Council chambers at 7:30 p.m.., October 21, 1996". Mr. Boyd London with First Southwest explained that the market is very good, but there were some questions from Moody's regarding our audit and disclosure of information. He said this is not bad, but just something that needed clarifying. He said these items have been clarified and we will be ready to go on October 21. Motion to postpone action until October 21, 1996 - Stanwick; second - Dillard, carried with all members voting Aye. 12. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6, ARTICLE VI CONSTRUCTION OF PUBLIC WORKS, BY AMENDING SECTION 6-132 RELATING TO PUBLIC WORKS INSPECTION FEES This has been discussed previously by council and at the direction of council, staff and developers met on September 17, 1996 to discuss the proposed Infrastructure Development Inspection Fee Ordinance. The ordinance presented for council action is a result of that meeting. Staff, the city attorney and developers recommend approval of this ordinance as written. Mr. Smith advised the meeting with staff and developers had been very productive and they had decided this was the best approach to other projects of this nature as they come along in the future. He said the next meeting will be to discuss the pro-rate share agreement regarding the utility lines to be installed around 121. Mr. Pat Dunlap, Public Services Director agreed with Mr. Smith and further explained how the process will work. The inspection fee will be 1% and will eliminate the City as a "middleman" in the lab and testing expenses related to the subdivision development. Councilman Longo noted a typographical in the caption of the ordinance. (Original ordinances for signature had been corrected.) Mr. Smith said this will impact all projects that have not submitted and had accepted a preliminary plat. He said there will be no money until 18 projects start coming in, so in the interim period the Impact Fee Fund will be used to fund these costs. The consensus of the meeting was that the city hire two inspectors, one immediately, and the second when the work load requires it. 1% should generate enough funds for expenses to cover everything. He said a vehicle may be taken from those taken out of service by the police department for the inspector to use until one can be purchased. Councilman Watts noted that copies of the developers responses were not included in the packet. (Deputy City Secretary made copies and they were then provided to the council during the meeting.) Tim House, Matthews Southwest and Don Blackwood, Crow-Billingsley both expressed their appreciation for being allowed the opportunity to have input into this process and their agreement with this proposed ordinance. Mr. Blackwood sated that Mr. Smith and Mr. Dunlap had done a superior job regarding this matter. He further stated the Mr. Rob Farrell, with Farrell Properties had to leave the meeting but asked that his agreement be passed on to the council. Rusty Nichols, Stewart Peninsula Development Partners said he was not at the meeting but that he is in agreement with this ordinance. Mr. Smith said the first inspector will be hired as soon as possible and noted that the intent is to reimburse the Impact Fee Fund when monies start confing in on projects. Motion to approve the ordinance as written - Kovatch; second - Dillard, carried with all members voting Aye. 11. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE CONSTRUCTION OF SLUDGE BUILDING AND LIFT STATION AT THE WASTEWATER TREATMENT PLANT, AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME The above bids were opened and read publicly on August 23, 1996. N.R.S. Consulting Engineers and staff have reviewed all the bids and will be present at the meeting to answer questions. Mr. Dunlap advised that five bids were received. Staff and engineers recommend awarding the contract to the low bidder, North Texas Municipal Construction Co. who's bid was for $373,000. After consideration, staff and engineers are recommending deducting Alternate #1 for a reversing drive and belt for the conveyor system in the amount of $45.000. It is also recommended that $33,000 be deducted for temporary sludge dewatering equipment. With these deductions, the total contract price will be $295,000. Tim Lackey with N.R.S. Consulting Engineers said the completion date will be approximately 250 days, however it should be operational within 150 to 200 days. Councilman Watts asked why the letter of recommendation from N.R.S. did not address the deduct of $33,000. Mr. Lackey said the letter was written before he was aware that staff wanted to deduct that amount. He said staff believes they can control this process better than the contractor and that he agrees that it should be deducted. Pat Dunlap said we handle this now and we can save money by continuing to do so. Motion to accept the bids and award the contract to North Texas Muuicipal Construction Co. and to approve an ordinance authorizing a contract for same - Dillard; second - Stanwick, carried with all members voting Aye. 19 6. CONSIDERATION OF NAMING A VOTING DELEGATE AND AN ALTERNATE VOTING DELEGATE TO THE NATIONAL LEAGUE OF CITIES CONFERENCE IN SAN ANTONIO, TEXAS TO BE HELD DECEMBER 7 THROUGH 10, 1996 Two members of the City Council and the City Manager will be attending the above named conference. It is required that a voting delegate and an alternate be named in order to allow participation in the business meeting at the conference. Councilman Dillard nominated Councilman Stanwick as the voting delegate, Councilman Kovatch seconded that nomination. Councilman Watts nominated Councilman Dillard as the alternate, Councilman Longo seconded that nomination. Mayor Manning asked the council to vote on both nominations simultaneous. All council voted Aye. 8. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES RELATING TO BUILDINGS; CONSTRUCTION AND RELATED ACTIVITIES; BY AMENDING SECTION 6-112 DEFINITIONS The above ordinance has been prepared by the City Attorney to bring Chapter 6 into compliance with the City's zoning ordinance. Section 6-112 defines a family as any number of individuals living together as a single housekeeping unit, in which not more that two individuals are unrelated by blood, marriage or adoption. Our zoning ordinance defines a family as not more three individuals unrelated by blood, marriage or adoption. It is the reconm~endation of staff and the City Attorney that Chapter 6 should concur with the zoning ordinance. After a brief discussion, Mayor Manning directed this ordinance to placed on the Consent Agenda on October 21, 1996. 7. CONSIDERATION OF AN ORDINANCE PROVIDING FOR THE DESIGNATION OF A ONE-WAY STREET This item was brought to council on September 16, 1996 and at the direction of the Council several options have been explored. Chief Clark does recommend making John Yates Drive one-way from its intersection with Nash Drive northbound to its intersection with Thompson Drive. Chief Clark advised that signs will be erected to warn people of the hours and the direction of traffic. Councilman Stanwick asked if a traffic study had been done during peak times, stating his concern about putting more traffic onto Thompson Drive. He said he is afraid we may be creating just as dangerous a situation on Thompson as we have now on John Yates. Mr. Smith agreed that this is not the best long term solution, but that it is the best short term solution. He said council has directed staff to work with LISD to find a better long term answer and said staff will monitor this situation closely. Chief Clark said this (problem) did not just start. He said there are several possible solutions, but this is the only one he has control over. The others require action by LISD or a 20 change in the habits of parents. He said John Yates is not wide enough to be a sufficient collector street and the school is too close to the intersection. He does not believe morning traffic will impact Thompson significantly. He said the department will be there to enforce this ordinance. Councilman Stanwick asked why not make the whole street one-way and Chief Clark said this impact fewer citizens. Councilman Dillard said he has had calls from citizens not in favor of this. He went on to say we can't do much until LISD takes action. Councilman Dillard said he has mixed emotions and that he knows what the Chief is trying to do, but that next year we need to seek a better solution. Councilman Longo, agreed, stating we can try it and if it doesn't work we can find another solution. Chief Clark said the ordinance will be effective immediately, however, notification will be sent out ttu'ough the school and warnings will be written during the first week or two of enforcement. Pat Dunlap said it would take about a week to install the signs. Councilman Longo said all citizens need to be educated about this change and Mr. Smith agreed stating we will use all our means of communication to get the word out. Councilman Avey asked what will stop a vehicle when they approach the one-way section. Chief Clark advised there will be signs on both sides of the street. Councilman Avey asked about a flashing light. Chief Clark said that could be done, but that would cost mom money. He continued stating this is not an unusual situation. Councilman Longo suggested mounting red flags on top of the signs to bring attention to them. Councilman Watts asked if staff would continue to pursue long term solutions with LISD and Mr. Smith said we will. Motion to approve the ordinance as writteu - Watts; second - Kovatch. Councihnan Dillard said this needs to be reviewed in June 1997. Motion carried with all members voting Aye. At this time, Mayor Manning stated that the council had failed to complete action on Item No. 2 and brought it back to the table. 2. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION 21 Motion to direct the City Secretary to move ahead with the hiring process for a new City Manager - Dillard; second - Watts, carried with all members voting Aye. 13. CITY MANAGER AND STAFF REPORTS 1. Pam Nelson has prepared preliminary information on the Special Events Committee for council review and it is forthcoming. 2. The Street Survey done by staff, the Public Safety Survey regarding the area south of 121 and the financial information about debt service funding available are all near completion and will be give to the council in the very near future. 3. Pat Dunlap advised the preliminary transportation study on the Stewart Peninsula are is done. Hunter and Associates has requested a work session with the council and staff. After the work session, the public will be invited to review the 6 alternatives presented. The Comprehensive Plan Steering committee will be made copies of the study and they can be invited to the work session if the council so desires. 4. The City Secretary will be on vacation from October 10 through October 20, 1996. With no further business to address, Mayor Mam~h~g adjourned the meeting at 11:12 p.m. APPROVED: ATI'EST: Patti A. Hicks, TRMC, City Secretary 22