HomeMy WebLinkAbout07/11/1977 City Council 000054
MINUTES OF REGULAR MEETING
THE CITY OF THE COLONY
DENTON COUNTY, TEXAS
JULY 11, 1977
THE STATE OF TEXAS )
)
COUNTY OF DENTON )
The City Council of the City of The Colony, Denton
County, Texas, convened in regular session, open to the public,
at the north end of the First Baptist Church in the City of
The Colony, Denton County, Texas, at 7,30 P.M., Monday, July 11,
1977, and the rolI was called of the members of the Council,
to wit,
Luis Guerrero Mayor
Linda Adams Alderman
Dave Dall Alderman
Joe Gaulden Alderman
Sandra Shearer Alderman
Dick Weaver Alderman
and all members were present, thus constituting a quorum. Also
present were Bill Davis, City Attorney; Janice Carroll, acting
secretary to the City Council; and members of the public.
The meeting was called to order by Mayor Guerrero and the
members of the audience were welcomed. Mayor Guerrero reminded
those present that the new rules of procedure were in effect
with one change -- the floor will be open for comments and
questions immediately after each item on the agenda is discussed.
The first item considered by the City Council was approval
of the minutes submitted for the regular meeting of June 20,
1977. Alderman Dall moved to accept the minutes as written.
Alderman Adams seconded the motion. The motion was carried by
the following vote:
Ayes, All members present voted aye
Noess None
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Item two of the agenda was then considered, the approval
of the Uniform Fire Code, 1976 Edition. Mayor Guerrero para-
phrased the fourteen sections of the ordinance and explained
that three sections had been added to cover specific situations
relating to The Colony.
Referring to Section 15.201 of the Uniform Fire Code,
Alderman Dall asked about the restriction on above ground fuel
storage and if it would prohibit citizens to store small amounts
of fuel for outside grills. Fire Chief Chuck Kimberling stated
that that was not the intent of the ordinance. Bill Davis,
attorney, made reference to Section 15.03 of the Fire Code
where it does define the amount of fuel to be stored~ and,
therefore, protects the individual's right to store small
amounts above ground. Alderman Dall made the motion that the
Uniform Fire Code be adopted immediately. Alderman Gaulden
seconded the motion. Mayor Guerrero asked for comments from
the members of the audience. There were none. The motion was
carried by the following votes,
Ayes, Ail members present voted aye
Noes, None
Mayor Guerrero announced that the Uniform Fire Code Ordinance
would be published in the Thursday, July 14, 1977, issue of
"The Colony Courier".
Item three, the Uniform Plumbing Codel item four, the
Uniform Electrical Code~ and item five, the Uniform Building
Code were presented together. Alderman Adams requested that
no action be taken until the Planning and Zoning Commission
has had an opportunity to thoroughly study the codes and present
its recommendations to the Council. Mayor Guerrero stated
that the citizens will also have an opportunity to voice an
opinion at a public hearing to be held soon before these codes
are adopted. At this time Alderman Adams moved to table the
Uniform Plumbing Code, the Uniform Electrical Code, and the
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Uniform Building Code so that the Council can review the
Planning and Zoning Commission's recommendations. Alderman
Dall seconded the motion. Mayor Guerrero asked for comments
from the floor. There were none. The motion was carried by
the following vote,
Ayes, All members present voted aye
Noes, None
Item six was the third and final reading of the Leash
Law Ordinance by Alderman Shearer. Upon completion of this
reading, Mayor Guerrero made note of one correction. The
minimum fine should be not less than $1.O0 rather than not less
than $5.00, as read, to conform with State Statutes. The
motion was made by Alderman Dall to adopt the Lease Law.
Alderman Shearer seconded the motion. Mayor Guerrero asked
for comments or questions from the members of the audience.
Bill Longo was recognized. He questioned why a dog who
was inoculated must be locked up for ten days if he has
bitten someone. Alderman Adams said this is simply a common
safeguard measure to assure that the dog is not rabid.
Mr. Longo also commented that he felt the minimum fine of
$15.00 should be deleted and a written warning should be given
in its place. Alderman Dall explained that the $15.00 fine is
not mandatory, and that this will be up to the discretion of
the animal control officer.
From the floor Steven Kimball asked if the leash law
can be enforced without a formal complaint. Mayor Guerrero
said yes that it would be enforced against dogs without a
complaint filed~ however, because of the nature of cats, it
will not be actively enforced unless there is a formal complaint.
At this point Attorney Davis asked that the arrangements
for a pound and the inoculation clinic be explained. Alderman
Shearer stated that when the city has the tags, a clinic will
be set up for inoculations and registration at a nominal cost
to the animal owners in The Colony. Mayor Guerrero explained
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the arrangements that have been made with the City of Lewisville.
Upon completion of their new pound, The Colony will lease, at
a minimum cost, the old facilities. On July 18 ~ayor Guerrero
will attend a county meeting to consider building an animal
control center for Denton County, specifically for the aid of
small communities.
Mayor Guerrero recognized Bob Fink who asked why the
Leash Law will not apply to cats~ he felt this was discrimi-
natory against dogs. Attorney Davis explained that it is not
discriminatory in that the same code for both animals is on
the books. Alderman Dall said that the City of Dallas was now
using a trap for cats and that this is a possible solution for
The Colony.
J. J. Jamtson asked if there would be a full time employee
at the pound. At this point in time, Mayor Guerrero said the
City will have only one animal control officer.
Joe Murphy reminded the Council that the ordinance stated
that the animals should have food and water every six hours.
Alderman Shearer explained that the ordinance was primarily
concerned that the animals should not be without food or water,
and if the proper size of containers were used, the time period
would not be a problem.
There being no further comments, the motion to adopt the
leash law was voted on. The motion was carried by the following
vote~
Ayes, All members present voted aye
Noes, None
Mayor Guerrero announced that the ordinance would be published
in the Thursday, July 14, 1977, issue of "The Colony Courier".
The seventh item considered by the City Council was the
budget for May 1, 1977 to September 30, 1977. Mayor Guerrero
asked for comments from the Council members.
Alderman Dall said he objected to the budget procedurel
he felt that all budgets should apply to an overall plan. In
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answer, Mayor Guerrero, said the next budget will include
more long range plans, when major goals have been more firmly
established. Attorney Davis interjected that there will be
public hearings held on the upcoming budget.
Alderman Weaver's position is that the present budget
is a minimum one and an overall plan is not applicable.
Alderman Dall commented that there is financial advice
available to us, and we should take advantage of it even if
it must be paid for. Alderman Gaulden reminded the Council
that financial advice is available through the City's bank.
All sources of financial advice will be used in the planning
of the 1977/1978 budget Mayor Guerrero advised.
At this time a motion was made by Alderman Weaver to
adopt the budget prepared for the period of May 1, 1977 to
September 30, 1977. The motion was seconded by Alderman
Shearer. Mayor Guerrero asked for comments from the floor.
Bill Longo was recognized and asked when a list of bills
paid by the City would be available to the public. Mayor
Guerrero said they would be available after the meeting is
adjourned.
Joe Murphy was recognized and asked if financial advisors
will be used. Mayor Guerrero assured him that advisors will
be used in the planning of the upcoming yearly budget.
At this time Steve Kimball asked what was included on
the next budget. This is not on the agenda advised Mayor
Guerrero and cannot be discussed.
Mayor Guerrero recognized Robert Brown who asked if there
was any time limit as to the date the new budget will be pub-
lished. There is no time limit, but Mayor Guerrero explained
that certain steps must be taken prior to publishing. Attorney
Davis briefly explained the procedure. In August and September
the budget will be developed, tax assessments will be made and
tax statements will be mailed. A city has no actual funds
until taxes are paid in October, November and December, so no
definite deadline can be set.
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There being no further comments, the motion was carried
by the following vote,
Ayes, Four members voted aye
Noes~ Alderman Dall voted no
Proceeding to item eight, Mayor Guerrero asked Alderman
Gaulden to present the considerations for a logo and colors
for the city. Alderman 6aulden stated the alternatives are
to keep the logo and colors presently used or sponsor a con-
test for a different logo and colors. At this time Alderman
Gaulden asked for opinions from the audience.
Bill Longo, Robert Brown and Joe Murphy all expressed
the desire to stay with the same logo and colors.
For the Council's information, Rick Chadwick, director
of The Colony M.U.D. #1, advised that M.U.D. will continue to
use almond brown stationary.
Martha Kimberling was recognized and suggested that the
Council decide on the status of the City's logo and colors,
as well as the type of stationary used for City correspondence.
At this time the motion was made by Alderman ~aulden to
resolve to keep the same logo and colors. Alderman Weaver
seconded the motion. The motion was carried by the following
vote,
Ayes, Ail members present voted aye
Noes, None
Item nine on the agenda dealt with appropriations for
the Fire Depart~aent. Mayor 6uerrero reported there has been
some dissatification expressed because the City has not given
any cash grants to the Fire Department. Mayor Guerrero read
Article 3, Section 52 of the Texas Constitution which forbids
this. Mayor Guerrero explained that by accepting a gift, the
Fire Department could be regarded as an agent of the City. Ail
financial dealings must be in contract form. He interjected
that the City is paying for the emergency line, but the City
also assumed all liability for this line. Fire Chief Chuck
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Kimberling is to provide the City with a study of projected
needs, and a contract with the Fire Department is possible
next year.
Mayor Guerrero announced the final item on the agenda.
The agenda will now be posted on the front left window of the
new City Hall.
Mayor Guerrero opened the meeting for comments from the
audience.
Robert Brown was recognized and asked if the City had
been in contact with law officials regarding traffic problems
on Highway #121 and F.M. #423. Mayor Guerrero stated that
the City of Lewisville is now patroling farther out on Highway
#121. Alderman Shearer is presently pulling records to prepare
a study on accidents in the past years to project possible
future traffic problems. This study will be taken to the
state if need be.
Alderman Weaver took this opportunity to announce that
Bill Longo has been appointed Chairman of the Civil Prepared-
ness Committee.
Alderman Pall told members of the audience that the City
will soon have the responsibility of the activity sign rather
than the Homeowners' Association.
There being no further action to be taken by the Council,
Alderman Dall moved that the meeting be adjourned and the
motion was seconded by Alderman Shearer. The motion was carried
by the following vote,
Ayes, All members present voted aye
Noes, None
The meeting was adjourned.