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HomeMy WebLinkAbout12/05/1988 City Council 00315u NINUTES OF THE CITY COUNCIL NEETING HELD ON DECEMBER 5, 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 5th day of December, 1988 at City Hall with the following Council roll call: Don Amick, Mayor Absent Rick Harris, Mayor Pro-tem Present Johnny Spears, Councilman Present Mike Robinson, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with six members present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Pro-tem Harris led the council and the audience in the Pledge of Allegiance to the flag of the United States of America. At this time, Mayor Pro-tem Harris announced that Councilman Mike Robinson had tendered his resignation effective January 1, 1989 due to a change in employment which is requiring him to move his family to Michigan. Mayor Pro-tem Harris presented Councilman Robinson with a City of The Colony watch. 2. CITIZEN INPUT Ernie Carson, 4508 Larner, addressed the Council regarding Ord. No. 558 passed recently, stating he has spoken with several council members about this ordinance. Mr. Carson said section 3B states the dog must be muzzled when enclosed in it's own back yard, if it is out of the kennel. Mayor Pro-tem Harris said that is the way the ordinance is written, Carson asked if that was the intent. Mr. Bill Hall, City Manager said no it is not; if the dog is in it's yard and the yard is fenced, then a muzzle is not necessary. Mr. Hall went on to say this ordinance, as well as many others, can be taken strictly and anyone will violate them at some time, but probably would not be cited for the violation. Mr. Carson asked if the ordinance could be changed and Mayor Pro- tem Harris said there are a couple of items in the ordinance that need review, however, he would not say definitely that the ordinance would be changed. Councilman Spears said the Council invites citizen input when the ordinance is reviewed. Mr. Carson asked if he is walking his dog with a muzzle on and another dog bites him how will he be protected, who would get the bill. Mayor Pro-tem Harris said the point has been made but he cannot say that the ordinance will be changed. Mr. Carson then addressed section C regarding the top on a fence, noting that would not be "pretty". Mr. Carson said the bottom line is the ordinance is directed at one specific breed and stated that Ordinance No. 517 already in place is a good ordinance if it is enforced. Mr. Carson said he has some information from the City of Farmers Branch to hand out to the Council and noted that there had been 183 dog bites from March 1985 to November 1988 and not one was from a pit bull, summarizing that it is unfair to pick one specific breed of dog. Wanda Tradup, 5065 Alpha, also addressed the Council regarding the pit bull ordinance, stating she owns a "show" pit bull dog, rated the fourth best frisbee dog in the Dallas area. Ms. Tradup said she has lived here 4 years with her dog, noting she had introduced her dog to all the kids in the neighborhood when she moved in, going on to say that her dog is not vicious, but very loving, gentle and loyal. Ms. Tradup said this is not unusual for this type of dog, stating she could not have participated in the frisbee events if the dog had displayed any mean or vicious traits. Ms. Tradup went on to say she is a single woman and the 00315,' dog is very protective of her, noting she has gone out of her way to raise a loving dog. She said that none of the Council had personally met her dog, yet they had declared the dog vicious, going on to say that both she and the animal are innocent and are being persecuted by being given a choice to either muzzle the dog, get rid of the dog or move from The Colony. Ms. Tradup asked the Council to reconsider this ordinance. John McQuiston, 4504 Larner, stated he is not a pit bull owner and that he first heard of the ordinance when it went into effect. Mr. McQuiston said there is no reason why Ordinance No. 517 would not be good if enforced, stating that usually Animal Control is not working and the police are not responsive to animal calls. He said it is not fair to condemn one breed or even one race, stating again the existing ordinance needs to be enforced and noted that the parents of children who tease animals should be punished. Kevin Albury, 5333 Knox, said he is a 4 year resident and is speaking for 15 families on Knox Dr. who wanted a stronger ordinance, stating they have a neighbor who does have a pit bull. Mr. Albury said the dog smashed through a fence and killed a cocker spaniel dog and that it could have been a child. Mr. Albury said they do not want an ordinance necessarily against pit bull dogs, but do want protection, stating he has photos of the damage done to the house by the animal. Doug Weisenburg, 4424 Larner, requested the pit bull ordinance be rescinded and the existing ordinance be enforced, stating it (ordinance No. 517) can handle the problem. Mr. Weisenburg said there are plenty of laws but if they are not enforced, they are no good. He said he doesn't believe the facts state that pit bull dogs are vicious by birth, but that it is how they are raised. He stated he does not believe the ordinance is fair and requested it be brought back to Council and at least revised. Mayor Pro-tem Harris said the Council did hold a work session in October to review the ordinance and then passed the ordinance in November, noting there was almost no input from the citizens. The Mayor Pro-tem said it is harder to change an ordinance once it is passed and suggested that citizens pay closer attention to The Colony news in the future. He said the ordinance was not passed to persecute any particular owner or dog, and that it is not unique to The Colony. Mayor Pro-tem Harris said it's main purpose is to protect children in the community and if the Council sees a need to change it then it may be done, stating the Council does appreciate the input. 3. PRESENTATION TO FINANCE DIRECTOR, JAMES ENGLAND City Manager, Bill Hall presented an award to James England whom had been announced at the recent Texas Municipal League Conference in Dallas, by the Governmental Finance Officer's Association as 49th in the State of Texas. 4. MAYORAL PROCLAMATION RECOGNIZING THE LEADS CLUB IN THE COLONY Mayor Pro-tem Harris read the following proclamation in it's entirety. WHEREAS, The Colony Chapter of the Leads Club formed October 4, 1988; and WHEREAS, the purpose of the Leads Club is to create a specialized advertising method for success-oriented business women; and WHEREAS, this success method provides in-depth business promotion among its members to produce business referrals and productive leads; and WHEREAS, Leads Club offers development of personal referral growth in business and is an effective means to stimulate this growth in our area: I, RICK HARRIS, Mayor Pro-tem of the City of The Colony, Texas do hereby recognize The Colony Chapter of Leads Club and urge support and encourage of its membership~ . SIGNED this 5th day of December .... ,._.1988. Rick Harris, Mayor~Pro-iem ATTEST: Patti A. Hicks, City Secretary Kay Van Alstyne and Donna Stueber were present to accept the proclamation stating they appreciated the Council's support for this new organization in The Colony. 5. CONSENT AGENDA A. CONSIDERATION OF THE APPROVAL OF THE MINUTES FOR THE COUNCIL MEETINGS HELD ON NOVEMBER 7, 14, AND 21, 1988 Councilman Weaver noted that in the November 7 minutes the word not should be removed from a statement he had made and Councilman Glazener noted that he was present at the November 21 meeting and the minutes reflected he was absent. The City Secretary was directed to correct those minutes accordingly. Councilman Robinson abstained from all the meetings. Councilman Spears moved to approve the minutes as amended and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. B .... ~CONSI~D~ER~AT. ION OF AN ORDINANCE DIS-ANNEXING A T~ACT OF LAND APPROXIMATELY 13.1092 ACRES.SITUATED IN DENTON COUNTY, TEXAS AND BEING PART OF THE STATE HIGHWAY 121 RIGHT-OF-WAY Mr. Hall explained this item had been previously discussed by the Council, stating this tract had been erroneously annexed in 1987 and now needs to be dis-annexed to correct the error. Councilman Spears moved to approve the ordinance as written and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE CALLING AN ELECTION IN THE CITY OF THE COLONY FOR THE 21ST DAY OF JANUARY 1989, FOR THE PURPOSE OF LEGALIZING BINGO Councilman Weaver asked the cost of an election and if this has to be called. City Secretary Patti Hicks explained that the average cost of an election is around $1500.00 and stated that by Charter when a valid petition is presented to the Council requesting an election, then the Council is required to call the election. Ms. Hicks went on to say that the Catholic Church did present the Council with a valid petition. Councilman Spears moved to approve the ordinance as written and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A-ZONING OF THE. CODE OF. ORDINANCES OF THE CITY OF~ THE~COLONY, BY AMENDING SECTION 10-903, ESTABLISHING. A ONE YEAR TIME LIMIT ON SPECIFIC USE PERMITS Mt Hall explained this ordinance is a result~of: a recent discussion regarding how long a specific use permit (SUP) lasts, stating that with this ordinance, a SUP is valid for one year from date of issuance and if the use is not initiated in that time then the SUP is terminated, and if a use is vacated then the permit is valid for one year from vacation before it is terminated. Councilman Marks asked if this is just for alcohol 003150 sales and Mr. Hall said it is for every SUP, stating SUPs are issued for ~many"usestother than alcohol, however-it woUld not effect most of the other uses. '~ Councilman Spears moved to approve the~ordinance as written and Councitman'~Rob~nson seconded~the-moti°~which carried with a unanimous roil'call vote. '~ 6. CONSIDERATION OF SITE PLAN APPROVAL FOR THE PEANUT GALLERY DAY CARE CENTER TO BE LOCATED ON NORTH COLONY BLVD. BETWEEN MORNINGSTAR AND BLALOCK DRIVES Mr. Bob van Til stated that P & Z had recommended approval of this site plan as presented and said the Mr. Bill Burgesser was present representing the Peanut Gallery to answer questions. Mr. Burgesser said he is glad to be in The Colony. Councilman Glazener asked about landscaping and Mr. Burgesser said there will not be any trees in the island, but shrubs around the building with youpons at the entry. Councilman Marks asked what type of fence would be installed and Mr. Burgesser advised chain link. Councilman Spears moved to approve the site plan as presented and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 7. REVIEW AND DISCUSSION OF AN ORDINANCE AMENDING CHAPTER 6 REGARDING SPAS Mr. Hall said the swimming pool ordinance doesn't address hot t~bs and spas and that there had been some concerns expressed by citizens 'regarding no fencing ~around them, ~crea%ing a potential danger for children. Mr. Hall' said if there~ is no fence then the spa or hot tub must be covered with a locked, rigid cover. Councilman Robinson said this type of cover is commercially available and easily fitted with a lock. Mr. Hall said the rigid cover is necessary because some covers just float on top of the water. Mr. Hall said there are only 2 or 3 in the city that do not comply. Councilman Marks asked what constitutes a lock. Councilman Robinson said a lock is something that must be unlocked with a key. Mayor Pro-tem Harris said to place this item on the agenda at the next regular session for action. 8. CONSIDERATION OF THE APPROVAL OF PARK STANDARDS AS PRESENTED BY THE PARK AND RECREATION BOARD Sylvia Brantley, Park and Recreation Director apologized for the absence of any P & R Board members, stating Member Martin is out of town and that he had put in much work and effort in this project. Ms. Brantley said this came about at the request of the Capital Improvements Advisory Committee, which had needed some standards for growth of parks in The Colony for the next 10 years. Mayor Pro-tem Harris said this is an important document and that he is not ready to vote on it at this time. Councilman Marks said he is not sure it should be voted on tonight. Councilman Weaver asked a question regarding page 6, the conclUsion,'-regarding acreage. Sylvia'Brantley said she would like fo'r Member Martin to be here to'answer these..questions. Councilman Spears moved to table this 'item until Member Martin can be present and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF A RESOLUTION DESIGNATING THE DENTON RECORD CHRONICLE AS THE NEWSPAPER TO BE USED FOR OFFICIAL CITY PUBLICATIONS Mayor Pro-tem Harris announced that Mary Blalock had stopped publishing The Colony Courier as of the end of November and the city does have to designate an official newspaper for legal publication. Patti Hicks, City Secretary explained that The Colony Leader does not meet the requirements set out by State law for an official newspaper therefore the Denton Record Chronicle will be used as the official newspaper. Mayor Pro-tem Harris read the caption of the resolution as written: A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, DESIGNATING THE DENTON RECORD CHRONICLE NEWSPAPER FOR OFFICIAL CITY PUBLICATIONS; PROVIDING AN EFFECTIVE DATE Councilman Spears moved to approve the resolution and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 10. CITY MANAGER'S REPORT Bill Hall said he had spoken to Tom Taylor of the Upper Trinity Municipal Water Authority regarding his objections to the City's withdrawal, who had asked for a work session or briefing session with the Council. Mayor Pro-tem Harris said a date could be picked at the next regular council meeting on January 9, 1989. Mr. Hall advised the wastewater package plant sale had been advertised. Councilman Weaver commended Mike Russell for his work on the City float noting the float did win First Place. Mr. Hall advised the Sheriff's sale for the Hawks Estate is set for January 3, 1989. Tommy Turner reminded the Council of the Employee Christmas party on December 10. With no further business to address, Councilman Marks moved to adjourn and Councilman Spears seconded the motion which carried with all members voting Aye. Mayor Pro-tem Harris adjourned the meeting at 8:55 p.m. APPROVED: Don ]~mick, Mayor /.. ATTEST: Patti A. Hicks, City Secretary [SEAL]