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HomeMy WebLinkAbout09/11/1989 City Council 00333,. #INUTES OF T~E CITY CO[]NCIL MEETING HELD ON SEPTEMBER 11, 1989 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 llth day of September, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Steve Withers, Councilman Present Mike Alianell, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with seven 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 Bill Manning, 2 James Cir., reminded the Council and all those present of the upcoming Sail Fair, noting this is the 2nd year and that the event promises to be even bigger than it was last year. Dr. Manning asked permission to place banners in the medians on 423 and Paige for 1 week and then at Blair Oaks and 121 for 1 week, and permission to place yard signs in city right of way. Dr. Manning presented each Councilmember with a Sail Fair Tee shirt and tickets to attend the melodrama to be presented during the fair. Mayor Amick said the Council could authorize the placement of the yard signs in city right of way and in the medians. Councilman Harris said that since this is a co-sponsored event he felt the signs should be allowed, questioning if the city could O.K. a sign on 423. Bill Hall said the Highway Department would have to do that and Dr. Manning said he had spoken with the Highway Department and they do not have a problem with the banner being placed in 423 median. There was a consensus of the Council to allow the banners and signs to be placed in city right of way. 3. MAYORAL PROCLAMATION DECLARING EMERGENCY MEDICAL SERVICES WEEK, SEPTEMBER 17 - 24, 1989 Mayor Amick read the following Proclamation in its entirety: WHEREAS, hundreds of lives in the State of Texas are saved each year by emergency medical services (EMS) personnel; advances in emergency medical care have made it possible to save these lives; and WHEREAS, emergency physicians, nurses, emergency medical technicians and paramedics in Texas are highly-trained to assure that more lives are saved every day; and WHEREAS, EMS personnel throughout Texas are specialists trained to handle life - or limb - threatening illnesses and injuries requiring immediate attention and must be available 24 hours every day of the week to all who may need medical care, both in the emergency department and in the field; and WHEREAS, in addition to their treatment of ill and injured patients, EMS personnel have conducted research to advance such areas as trauma, burn, cardiac, and pediatric emergency care; they also have been important in efforts to educate the public 00333o about preventing injury and illness by emphasizing the dangers of drunk driving and the need for seat belts, child restraints and motorcycle helmets; and WHEREAS, we, as Texans, commend all EMS personnel in our State - those who staff ambulances and helicopters, physicians who provide medical control and training, and the physicians and nurses in emergency departments whose daily efforts are devoted to emergency medicine; we all depend on their skills and dedication; and WHEREAS, "Emergency Medical Services Week" is being held to educate Texans about emergency medicine; NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, Texas do hereby designate the week of September 17 - 24, 1989 as Emergency Medical Services Week in Texas. SIGNED AND SEALED this llth of September , 1989. Don Amick, Mayor The Colony, Texas ATTEST: Patti A. Hicks, City Secretary Chief Van Morrison and Captain Dave Wallace were present to accept the proclamation. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE COUNCIL MEETINGS HELD AUGUST 21 AND 28, 1989 Councilman Harris moved to approve the minutes as written and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING CHAPTER 19, RELATING TO TRAFFIC BY ADDING A NEW SUBSECTION 19-12 (I) PROHIBITING THE PARKING, STOPPING, STANDING OR STORAGE OF MOTOR VEHICLES .... ON PRIVATE PARKING FACILITIES IN THE GR GENERAL RETAIL, SC SHOPPING CENTER AND NS NEIGHBORHOOD SERVICE ZONED DISTRICTS Councilman Marks said he is curious as to the; he's concerned about us (the city) making rules about private property, asking where will be draw the line and if we are setting a president. Going on to say he understands state guidelines and fire protection standards, handicap and fire lanes, but as was discussed two weeks ago, at the request of the property owners we're going to make this rule to prohibit parking of vehicles, stating he brought up the fact of; what if the property owner decided to go along with the parking of these vehicles, but then our ordinance would stand. Council Marks said he doesn't understand why we're (the city) is making rules for private property. Mayor Amick said the question is, does it set rules for private property or parking regulations for particularly zoned areas of the City. Mr. Hall said this restricts parking in specific areas, noting there are some industrial and light industrial areas in the city where trucks can park. Mr. Hall went on to say that the property owners are all in favor of prohibiting truck parking in their parking lots, noting the owners have been trying to do this for years, posting signs, to no avail. Mr. Hall went on to say that the City had nothing to do with international no truck sings recently posted by rthe property owners. Mr. Hall also noted that the trucks had brought about damage needing major repairs in the shopping centers. Councilman Marks said it seemed to him that the shopping centers have tried to do whay they're supposed to keep the trucks off and now it's the City responsibility; they're asking the city 00333 to do it and we're going to do it, going on to say he knows it is a problem, torn up medians, etc. but he said he is wondering if maybe, or what happens, knowing it's our responsibility to keep those trucks off of there and if we don't follow suit and leave a truck there for 3 days and there is a problem, some damge to private property or to a persons, are we (the city) going to be responsible because we didn;t uphold our ordinance, just the same, as with any ordinance of the City, is it our responsiblity. Mr. Hall said it is our responsibility, specifically, the police department to enforce any traffic related ordinance and there is a certain degree of liability, which is true of anything. Mr. Hall went on, do we strictly enforce speed zones, we make every effort, but we cannot be constantly responsible. Councilman Marks said he sees the correlation between speeding and parking in private parking lots as if, he sees someone speeding in a school zone and tells a police officer, the officer can't do anything because he didn't see it. Councilman Marks went on, if I'm Wal Mart or Wal Mart says, you didn't move that truck when you were supposed to and look what damage it caused, you need to take care of it, we have somebody there, a permanent factor. The Councilman said he is just concerned about the liability, and it may sound like a bunch of bunk. Mayor Amick said as far as the liability of moving a vehicle in an orderly fashion, anytime an ordinance violation is spotted by the police or inspections, or reported, the enforcement of that ordinance begins at that time and then the city is liable. Councilman Marks said but we're talking about private property here, not public streets, alleys and everything else. Mayor Amick said this ordinance places it within the purvue of the police force to deal with it on private property, and regarding liability, the Mayor said he would asked Wal Mart if they saw the truck there 3 days ago and if so why didn't they report it so the ordinance could be enforced, noting that's where our liability ends. Mayor Amick went on to say he doesn't think were are doing anything different here than any other city ordinance that pertains to private property and that we are identifying a specific problem in specifically zoned areas. Mr. Ken Wood, 5000 N. Colony said he sees no difference between this ordinance and any other ordinance the city has which governs private property. Mr. Wood asked why the No Trespassing law is not sufficient for this problem. Mayor Amick that law is very specific and he is not sure it would apply or if the property owners would post such sings. Mayor Amick asked Mr. John Boyle, City Attorney to respond to Councilman Marks concerns. Mr. Boyle said the city has ample legal authority to pass such an ordinance, stating the city can address parking in all areas and that the city can govern parking lots, noting that they are public in that the public has access to them, citing fire zones as one example of governing in parking lots. Mr. Boyle said the city would be no more liable with this ordinance than with any other city ordinance. Steve Mitchell, 10 Indianola Cir said he understands the problem, but said some truckers are gone 30 to 40 days and only come home 3 to 4 days and asked where they can park. Mayor Amick said the City cannot provide parking for them, stating that he has seen the trailers dropped in parking lots within the city and the truck driven out of the city. Councilman Harris moved to approve the ordinance as written and Councilman Alianell seconded the motion, which carried with the following vote: Harris - Aye, Withers - Aye, Alianell - Aye - Glazener - Aye, Weaver - No, Marks - No, Amick - Aye Councilman Harris asked Chief Ristagno if this would be enforced now and the Chief responded the ordinance would be effective 10 days from publication and enforcement will begin then. C. CONSIDERATION OF AN ORDINANCE AMENDING THE CITY BUDGET FOR FISCAL YEAR OCTOBER 1, 1988 THROUGH SEPTEMBER 30, 1989 Councilman Weaver said he thought the street striping project would not impact the $$/$9 budget. Mr. Hall said that when the project was approved the money was to come from Fox & Jacobs funds which would not impact the budget, however that Mr. England found that the contingency was going to be in excess of $213,930.00 this year and had suggested the project be funded from contingency. Mr. England explained that he feels the contingency will be more than first anticipated and that it would be more appropriate to use that instead of the Fox and Jacobs reserve. Councilman Alianell moved to approve the budget amendment and ~Councilman Glazener seconded the motion. Councilman Marks said he does not questions where the money is coming from but feels the Council was told one thing and another thing is being done. Councilman Harris asked when the project will start and Mr. Hall said it should begin this week and be complete in 8 - 10 days. Councilman Marks asked if this was a good time to bring up a housekeeping item,explaining that when this project was discussed previously, at one time Councilman Glazener called for the question and a vote was taken. Councilman Marks said, according to Roberts Rules of Order, calling the question is just to stop the discussion and not to vote on the motion to approve and that he feels some members of the Council did not know they were voting to approve this project when they voted. Mayor Amick said he voted on the issue not on whether or not to stop debate. Mr. John Boyle, City Attorney was again asked his opinion. Mr. Boyle said first of all, he does not believe in Roberts Rules of Order and said regardless of the procedure, once an item is voted, all else is waived, stating further if someone had been unhappy, they should have said so at that time. Mayor Amick said based on the attorney's opinion, there will be no further discussion and asked for the vote on the budget amendment, which carried with the following vote: Harris - Aye, Withers - Aye, Alianell - Aye, Glazener - Aye, Weaver - No, Marks - No, Amick - Aye D. CONSIDERATION OF A RESOLUTION AUTHORIZING SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMERCE Councilman Harris moved to approve the resolution as written and Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. 5. SECOND READING AND CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES RELATING TO PARKS AND RECREATION..PROHIBITING RADIO CONTROLLED AIRPLANES WITHIN CITY PARKS; AMENDING CHAPTER 13 OF THE CODE RELATING TO MISCELLANEOUS OFFENSES..PROHIBITING AERONAUTICAL DEVICES ON ATHLETIC FIELDS, SCHOOL GROUNDS AND WITHIN 300 FEET OF ANY RESIDENCE Councilman Harris moved to approve the ordinance as written, and Councilman Withers seconded the motion. Ken Wood, 5000 N. Colony Blvd. asked if there was some specific incident which brought about this ordinance and if a kite is considered an aeronautical device. Chief Ristagno said the intent is to prohibit radio controlled airplanes not kites. Mayor Amick said this is both to prevent problems and to address the problem of persons flying radio controlled airplanes in Stewart Creek Park. Steve Mitchell said he is a flyer, and is favor of the ordinance, but asked where the flyers can go, and will the Council find them a place. Mayor Amick suggested possible behind the Animal Shelter and Mr. Hall said also south of Independence St. Mr. Mitchell said that all registered flyers should have insurance to cover damages. Mr. Boyle said if the city designates an area for flyers and OO3330 it is operated under AMA rules, then the city would have no greater liability than in any other park in the city. Councilman Withers asked if just the designation of the area create a liability and Mr. Boyle said the city should of course be prudent in the choice of areas. Mr. Mitchell said he has been flying on Corps property but he cannot get them to give permission for that. Mayor Amick said the city would try to help. At this time, the vote was taken and the motion carried with a unanimous roll call vote. 6. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 10, ARTICLE III OF THE CODE OF ORDINANCES, RELATING TO FOOD AND FOOD ESTABLISHMENTS Mayor Amick read the caption as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 10, ARTICLE III RELATING TO FOOD AND FOOD ESTABLISHMENTS; ADOPTING BY REFERENCE THE TEXAS DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON FOOD SERVICE SANITATION 229.161-229.171"; RULES ON RETAIL FOOD STORE SANITATION 229.231-229.239; DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, FOOD SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT, REGULATORY AUTHORITY, UTENSILS, EQUIPMENT, ETC.; PROVIDING FOR THE SALE OF ONLY SOUND, PROPERLY LABELED FOOD; REGULATING THE SOURCE OF FOOD; ESTABLISHING SANITATION STANDARDS FOR FOOD, FOOD PROTECTION, FOOD SERVICE OPERATIONS, FOOD SERVICE PERSONNEL, FOOD STORAGE, FOOD PREPARATION, FOOD DISPLAY, FOOD TRANSPORTATION, FOOD EQUIPMENT AND UTENSILS, SANITARY FACILITIES AND CONTROLS, AND OTHER FACILITIES; ESTABLISHING STANDARDS FOR CLEANING AND SANITIZATION OF EQUIPMENT AND UTENSILS; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTABLISHMENTS; REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING FOR THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY RELATING TO FOOD AND FOOD ESTABLISHMENTS, EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Mike Russell, Operations Manager, said the present ordinance adopted the 1979 codes and this ordinance would adopt present state codes. Mayor Amick asked how often an establishment is inspected and Mr. Russell said once a month. Councilman Weaver asked if the fees change and Mr. Russell said they will be increased. Councilman Glazener asked if all food service establishments are covered and Mr. Russell said yes. Ken Wood asked if the results are published for everyone to see and Mr. Russell said they are not but that they are public record so anyone could request that information. Councilman Withers asked if State certification is required for the inspector and Mr. Russell said it is. Councilman Marks asked why a $100.00 and Mr. Russell said that is only about 60% of the actual cost. Councilman Marks asked how Sail Fair inspections are handled. Mr. Russell said the event is licensed and then an inspection is made on each vendor. Mayor Amick directed the City Secretary to place this ordinance on the September 18 agenda for action. 7. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I, SECTIONS 2-7 AND 2-8 RELATING TO THE OPERATIONS MANAGER Mr. Hall explained that the current Code established the 00333 Community Development Department and the position of Community Development Director, 9oing on to say that office had been filled only once and had not even existed for several years. Mr. Hall said he felt it proper to amend the Code to establish the newly created Operations Manager position and to outline the duties of that position. Mayor Amick said he felt there was no reason to hold this ordinance for a second reading and the Council agreed. Councilman Harris moved to approve the ordinance and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF ACCEPTANCE OF THE THOROUGHFARE PLAN FOR THE CITY OF THE COLONY Councilman Alianell moved to accept the plan as presented and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 9. CITY MANAGER'S REPORT Mr. Hall advised the Council of a Public Hearing regarding the 121 by-pass to be held October 12, 1989, at 7:00 p.m. at the Lewisville High School. 10. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2E, REGARDING LITIGATION, TO-WIT: A. CITY OF THE COLONY VS RODARTE B. CITY OF THE COLONY VS THE MOVIE MERCHANT Upon reconvening in open session, with no business to address, Councilman Withers moved to adjourn the meeting and Councilman Marks seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:15 p.m. APPR~~.~ /~i-~ ~ Don A~ick, May~t~ ATTEST: / Patti A. Hi6k~, City Secretary