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HomeMy WebLinkAbout01/04/1988 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 4, 1988 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 4th day of January, 1988 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-rem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Absent and with six members present a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America 2. CITIZEN INPUT Alan Ladd, 7211 Augusta, addressed the Council regarding the problem of on street parking on August% Carr and Chapman streets. Mr. Ladd stated that everyone parks in front when they could be parking in back, going on to say that two cannot pass each other and he doubts that an emergency vehicle could get through at all. Mr. Ladd said he is concerned for children's safety asking the Council if they could encourage people use rear parking instead of on- street parking. Mayor Amick said there is no answer to that tonight, but that the Council will address this problem. Steve Bissett, 4613 Freeman, gave the Council a letter expressing his concerns over the Animal Control Ordinance on the Consent Agenda for adoption tonight. Councilman Harris said since this item is on the agenda, it should not be addressed in Citizen Input, however, the Mayor said the item is on the Consent Agenda, which does not allow discussion so Mr. Bissett could go ahead. Mr. Bissett read his letter (see attachment "A"). 3. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda and Councilman Spears asked that items C and D be pulled for discussion. A. CONSIDERATION OF APPROVAL OF MINUTES FOR THE CITY COUNCIL MEETINGS HELD ON DECEMBER 7 AND 14, 1987. Mayor Amick asked the City Secretary to make an amendment to Citizen Input on December 7 relating to his statement at that time. Councilman Harris moved to approve the minutes as written, with the amendment and Councilman Spears seconded the motion which carried with a unanimous roll call vote. Councilman Bradley abstained on the minutes for the 7th. B. CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR AMBULANCE SERVICES Councilman Harris moved to approve the Resolution as 00 84b written, and Councilman Spears seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY DELETING CHAPTER 5 ENTITLED "ANIMALS AND FOWL" AND ADDING A NEW CHAPTER 5 ENTITLED "ANIMAL CONTROL" Councilman Spears said that on page 3 under the definition for Nuisance, (g) should be changed to "Have bitten one or more people" instead of three or more people. He also stated that he disagrees with Mr. Bissett regarding the number of animals because one of his neighbors has more than 4 cats and the odor is terrible. Councilman Spears suggested limiting the number to 2 animals allowed or setting a weight limit. Councilman Harris said he thought the number 3 had been settled upon. Councilman Glazener said if the owner is responsible, if he has 2 or 4 it really doesn't matter, it is the unresponsible owners who create the problems. Councilman Bradley said the number should be left at 4 because it has been so for a long time, and it would create problems for responsible owners of 4 animals. Mayor Amick said the problem is not the number of animals but animals that run loose. There followed a lengthy discussion regarding the number of animals. Councilman Harris suggested the Police Department do another survey of surrounding cities to determine the average number of animals allowed and to table the ordinance for two weeks. Mayor Amick stated he would rather pass this tonight because of the vicious animal clause. Councilman Harris agreed but asked that this be brought back in two weeks. Councilman Spears then stated that on page 13, F (e) states that persons 65 and older are exempt from registering animals, stating that he thinks the fee should be waived, but they should still be required to register them. Mayor Amick asked why all animals do not have to be registered. Chief Ristagno said that animals specially trained to assist blind persons, etc. are not considered to be pets. Councilman Spears requested that F (e) be struck from the Ordinance and that exemption of the fee for persons 65 or older be added to Section 5-17 C. Councilman Bradley moved to approve the Ordinance as written, with the amendments and Councilman Spears seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 11, RELATING TO THE LIBRARY BOARD, AMENDING CHAPTER 14 RELATING TO THE PARK AND RECREATION BOARD, AMENDING CHAPTER 17 RELATING TO THE PLANNING AND ZONING COMMISSION AND BY AMENDING APPENDIX A - ZONING RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS Mayor Amick read the caption and Councilman Spears asked to clarify the intent, asking if members can continue to serve on the board after having served two years as chairman. Councilman Bradley stated that the Charter allows for boards to elect new officers each year. Councilman Spears said the Ordinance should read for one year not two. Mayor Amick said it can be amended to read one year and Councilman Robinson asked if it could read "not to exceed more that 2 consecutive years". Councilman Harris said they should not be able to serve two consecutive years. Councilman Spears said Boards need to be required to hold an election if they currently have a Chairman that has served more than two years. Councilman Harris moved to table the Ordinance until clarified and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 4. CONSIDERATION OF REQUEST BY CUB SCOUT PACT #133 TO CONDUCT A CHRISTMAS TREE BURN ON JANUARY 9, 1988 AT SCOUT PARK 00 84t Mayor Amick said that although ~he intent is good, he has a problem with approving an open burn in a residential area, even though the Fire Department and adults will be present, going on to say that there are homes on three sides and there would b~ ~ai potential for noxious smoke. The Mayor said he did not want to set a president for burning in the City parks and would be agreeable if it was in an area away from residents, stating he did not feel it was in the best interest of the community. Councilman Harris agreed, stating that the Corps of Engineers has turned down the same type of thing at Stewart Creek Park. At this time, Mr. Hefner, representing the We-be-los said they have spoken to the area residents and have found no objections, going on to say that Fire Marshall Dave Wallace issued a permit which allowed burning no more than 6 trees at a time, and that Texas Waste Management has agreed to pick up any debris afterward. Mr. Hefner said they have spoken to the Park and Recreation Department, the Police Department and to Ken Leverich, Public Works, stating that all have been favorable to the burn. Michael Leddy, Chairman of Pack #133 said that schools have bon fires regularly and that he understands the objections, but based on the work done on checking this out, this request should not be turned down. Councilman Glazener asked if a fire permit had been issued. Chief Morrison stated that the Fire Marshall had issued the permit and if the Council approves the burn, the Fire Department will be present and will shut down the burn if they see a problem. Mayor Amick agreed the Scouts had done their homework, but that is up to the Council to approve such an activity. Joe Acosta, District Staff Member for the Scouts said the permit says no more than 6 trees should be burned at one time, without permission from the Fire Department, going on to say that they are trying to keep the Scouting spirit. Mr. Acosta said the park was given to the Scouts to help keep that spirit. Mayor Amick said although the park is named Scout park, it belongs to the City as other parks do and they do have to comply with City Codes. Councilman Spears said he feels it should be left up to the Fire Department hands because of the safety factor. Mayor Amick said that skirts the issue of "Do we want this type of activity in the City"? Councilman Glazener said he is all for the "spirit" and feels that if it is controlled and supervised properly, he has no problem with the burn. Councilman Robinson said he also understands the concern for the neighbors, but it appears there is no objection from them. Councilman Harris asked Chief Morrison if there is personnel standing by at this burn, how does that leave the rest of the city. Chief Morrison said volunteers would be used. Mayor Amick asked if a truck could get into the area and the Chief said yes. Councilman Bradley asked what time this would take place. Ann Grundy stated from 4 - 6:30 p.m. but they would stay as late as necessary to burn all the trees that are there, stating also that any left over would be hauled away. Councilman Glazener said he did not think this set a real president for burning in parks, only how the Council handles this situation. Councilman Spears moved to approve the request, and Councilman Glazener seconded the motion which carried with all members voting Aye with the exception of Mayor Amick who voted No. 00284v 5. CONSIDERATION OF A RESOLUTION SUPPORTING AND ENDORSING AN INTERIM AGENCY FOR THE DENTON COUNTY WATER STUDY Mr. Hall said this resolution had been tabled at a previous meeting until some questions could be answered. Mr. Tommy Turner introduced Tom Taylor, an engineer from Espey, Houston who gave a slide presentation to the Council and audience showing what the study had accomplished so far and what would be occuRring in Denton County in the future showing the various options available to receive the best water service and wastewater treatment in our area for years to come. There was a lengthy discussion regarding how this plan impacts plans in The Colony as far as expansion of our own facilities in concerned. Mr. Turner said they are looking 20 - 30 years ahead stating that right now we have an abundance but it is not an unlimited supply. Mr. Turner said he feels this will help The Colony in the future to provide water and wastewater, going on to say Chat Denton County needs a regional district, stating this would be very beneficial to The Colony. Mayor Amick what the financial exposure to The Colony would be. Mr. Taylor said the money already put in is all that will be needed at this time, stating that in the future there may be a request for more, but that would come back to the Council for approval. Mayor Amick asked how this project is to be financed. Mr. Taylor said by revenue bonds and that The Colony has a member of the Interim Agency and They Colony will have input. Councilman Harris asked if the wastewater plant proposed will really help The Colony or will be have to build a new plant anyway. Mr. Hall said this is a long term plan and the City will have to be in a design phase very soon. There followed a discussion on the benefits to The Colony of the proposed facilities. Dick Weaver asked three questions: 1. Is The Colony represented? Yes, Tommy Turner is on the Board of Directors. 2. If the Council signs this resolution, will we get any of the money put in, back? No, the money is being used to further the study. 3. Have you explored getting money from the State, through the bill passed three years ago. Yes, and money can come from that source through the form of a loan not a grant. No tax money is scheduled to go into the program. Ken Wood asked if it is possible to build the new plant for The Colony so it fits into the regional plant at the appropriate time. Mayor Amick said he did not know if that is possible, but all that would be taken into consideration before a new plant would be built. The Mayor asked how many cities had passed this type resolution. Mr. Turner said 15 of 18 cities. Councilman Harris moved to approve the Resolution and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. At this time, the mayor called a 5 minute recess. 6. RECEIVE REPORT FROM ADMINISTRATIVE STAFF PLANNER WITH REGARD TO BUSINESSES OPERATING UNDER A "GRANDFATHERED" EXEMPTION Bob van Till stated that this had been discussed a previous meeting and that staff had at that time recommended an amendment to the Code. Mr. van Til stated that the City Attorney advised that our Code was sufficient to cover this and no other formal action need be taken, stating that when a location is vacated and the use discontinued for 90 days or more then it is considered abandoned and the use terminates. 7. RECEIVE REPOR~'~ROM BUILDING OFFICIAL WITH REGARD TO A SPECIAL INSPECTOR Eric Stanton said that the City Code had been amended at the recommendation of former Councilman Dye to read as follows: "the city shall employ a qualified special inspector, expenses for which are to be reimbursed by the contractor, during construction on the following types of work.." Mr. Stanton said that a rough poll had been taken on costs: F & J said on Section 29, Special Inspection would cost $10,000.00 Trinity Co. said they charge 1/2 of 1% on the cost of the project Southwest Labs charge $126.00 to $226.00 per day plus $40.00 per test Rhome Engineering charges $25.00 per hour per test. Mr. Stanton said that with Northpointe coming in he would like to implement this section of the Code. Mr. Hall said the inspector would be hired by the City on a contract basis and F & J would escrow money to cover the costs. Mayor Amick said the City would hire the inspector, get an estimate on the project, notify F & J up front so that there are no surprises and directed Mr. Stanton to go ahead with the project. With no further business to address, Mayor Amick directed the City Secretary to prepare a report on 1988 Elections and present to the Council at the January 18, 1988 meeting. At this time, Councilman Spears moved to adjourn the meeting and Councilman Robinson seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:40 p.m. APPROVED: Don~-~m'icR, M~f~or- ATTEST: Patti A. Hiqks, City Secretary [ SEAL ] 002849 ATTACHMENT "A" To The City Council of the city of The Colony 01/04/88 concerning: ANIMAL CONTROL ORDINANCE I object to the very poor wording of SECTION 5-4, part D, on page 6, The paragraph that reads, "No person shall set any type of trap for an animal other than live cage traps approved by the Chief of Police" I assume this section was mainly directed at controlling those 3awed i spring traps that cause great suffering to animals caught in them. Family pets have lost life or limb in such devises set to catch game. A noble idea, but this law is worded to generally. By the definition of "Animal" in · section 5-1, this paragraph applies to, and I quote "mammals, reptiles, (and) insects" I would be surprised to learn that you truly intended to outlaw mouse traps arid roach motels. I feel the burden should be on the government to provide a specific and finite list of trap types banned rather than a list of traps approved by the Chief of Police. I object to the inclusion of SECTION 5r4, part I, al~o on page 6, "INDECENT EXHIBITION OF ANIMALS". This seems to have been included to pacify people offended by the sight o~ animals mating. Some years ago there was some similar nonsense where a group o~ people took what started out as a hoa:~ and began a serious campaign to force animals to wear clothing. I would argue that: a) There is nothing indecent about animals, mating or otherwise. It is, in fact, e~:actly as God intended. b) These natural acts are even televised ~rom time to time on various nature program~ like those produced by The Nation Geographic Society. c) Most important, I think the average citizen would rather have ou~ police force available for serious crime prevention, and not wasting time investigating complaints made bY people that embarrass easily. I object to the poor wording o~ SECTION 5-8, on page ~, "EUTHANASIA REQUIREMENTS AND FEES". Please assure me you intended to ~ay "If the lawful owneM of an animal request euthanasia (and I would add) FROM THE CITY SHELTER, etc. etc. As it presently reads, I would be required to pay $15.00 and notify the government before having my dog or cat put to sleep by a private vet. I hope the level of government intrusion into people's private lives has not reached that low point yet. I object to the completely unjustified limitations on the number of pets we can keep. SECTION 5-5, part A, on page 7, limits the number ~owl , rabbits, and guinea pigs to 6 total. SECTION 5-17, part A, on page limits the number of dogs and cats to 4. There are plenty of safeguards in this ordinance to protect my neighbors if my pets stray, defile private property, attack, bark e;:cessively, etcetera. So long as I can provide for the health of my pets and they do not disturb my neighbors, it is no ones business but my own whether I have four cats, or six, or even twenty. When people in government forget about protecting peoples ~reedoms they write unnecessary rules and regulations that serve only to simplify'the pmocess of controlling others. To avoid the burden and responsibility o~ proving charges against a pet owner, you have chosen the easy path, counting. Fairness be damned. Finally, I ezpect-'you to make these changes BEFORE voting to pa~s the ordinance. Don't make promises about amending it at some unspecified date in the future. When something is worth doing, it's worth doing right the first time. Steven M. Bissett~' 4615 Freeman Dr.