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HomeMy WebLinkAbout09/09/1991 City Council 004! .... MINUTES OF THE CITY COUNCIL MEETING : '~ HELD ON .... SEPTEMBER 9~ 1991 : '" The Regular Session of the City Council of the City of The Colony', Texas was called to order at 7:00 p.m. on the 9th day bf Sep~tember,, ]991, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Absent Joel Marks, Mayor Pro-tem Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 7:02 p.m. 2. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION ~E, LITIGATION, TO-WIT: A. R.T.C. VS CITY OF THE COLONY, ET AL 8:08 .p.m. 3. CONSIDERATION OF ANY APPROPRIATE ACTION 'TO BE TAKEN AS RESULT OF THE EXECUTIVE SESSION , None 4. CITIZEN INPUT Dennis Brouwer, #] Holden Cir., addressed the Council regarding enforcement of City Codes with respect to violations in his neighborhood. He stated that one property that was in violation is now in compliance. Mr. Brouwer asked why the City is not enforcing it's own regulations and asked if there is a land use plan on file for the above named property He said he was told there needs to be a more specific complaint. He then itemized the complaint and asked for action. David Rounsley, 5209 Fisher, add~ressed the Council about trees in the easement, stating the ones on Miller street are dangerous because they hang out over the street, asking who is responsible, the city or the citizens. Mr. Rounsley said if it is left up to the individual citizens then the trimming will not be uniform or professional, but if the City trims them, they will look uniform and the trimmings can be disposed of easier. Bi'll Hall responded 3 00.410o stating that t~he .~rees !a.r.e,.~planted" in the :easement between the sidewalk (which is a city +easement), and the street by the developer. Mr. Hall said::the ~indi'vidual homeowner maintains that area, including the trees. Mr. Hall went on to say if the trees are dying ~and, need. to-be trimmed ~then they belong to the City ~and th~ c~i~tizen~is :happy £o~ us to.maintain them, h'owever i£ the :t:r~es have to be removed for utility maintenance or because the tree 'is dead, then the trees belong to the resident they often demand the City replace the trees, stating that in fact, the city has been sued three times for such action. Marcus Cook, Animal Control Officer informed the Council that an Explorer Post Program will be starting in The Colony to be sponsored by the Animal Control Division of the Health Department. (See Attachment "A") 5. CONSIDERATION OF APPROVAL OF A SITE PLAN FOR THE KENTUCKY FRIED CHICKEN STORE TO BE LOCATED ON THE EAST SIDE OF MAIN STREET (FM 423) SOUTH OF ITS INTERSECTION WITH SOUTH COLONY BOULEVARD Bob van Til said Kentucky Fried Chicken (KFC) has requested site pl?n approval for their proposed :site located on' the e'ast of FM 423 just south of the existing oil change store. Mr. van Til said the site plan has been reviewed at staff level and by P & Z, both of which have recommended approval. Robert Howman, representing KFC, responded to questions from the Council. Councilman Lynch asked if the standard building~for KFC is stucco, Councilman Sharp asked about a sprinkler system and Councilman Burchard~ asked ab'out brick -:instead~ of stucco. Councilman Marks said he would li. ke to see..the plan go through as is. Mr. Howman said the new store design is very attractive and does include complete landscaping. Councilman Lynch said The Colony has always encouraged brick fronts for all buildings and wants to see a brick front at least from the window sill down. Motion to approve as presented - Marks; Second - Therio Motion to amend the motion to include a freeze control device on the sprinkler system - Sharp; Second - Burchard. Amendment to the motion carried with a unanimous roll call vote. Councilman Lynch said he still wants them to consider bricking the lower portion of the building as an option. Mr. Howman said he cannot guarantee that because it is not a current design standard,going on to say he is not sure that is part of the site plan process. --. Mayor Manning advised the Council that we should be careful not to .requir:e more. than i~-nece~ssary 'from~b~ine~.s w~en the plan is comparable to those in other cities Motion to amend the original motion to-approve the site plan if it 4 includes a brick front - Lynch; Second - Burchard Motion failed with the following vote: Lynch - Aye; Sharp - No; Therio - No; Burchard - Aye; Gomez - No; Marks - No; Manning - No Original motion carried with all members voting Aye with the exception of Councilman Lynch~ who voted No. 6. CONSENT AGENDA Mayor Manning summarized all items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD ON AUGUST ]9 AND 26, ]991 AND SEPTEMBER 4, 199] Motion to approve as written - Marks; Second - Sharp Motion-carried with a unanimous roll call vote. B, GONSIDERATION OF A RESOLUTION:APPROVlNG"THE DE~:NC'O E~ 9-1-] BUDGET FY ]99]-92 Motion to approve-- Marks; Second - Sharp i , , Motion carried with a unanimous roi1 call vote. C. CONSIDERATION AN ORDINANCE AMENDING CHAPTER ]0, SECTION 2 OF THE CODE OF ORDINANCES RELATING TO CONSTRUCTION:NOISE~ Councilman Therio said the word "dark" is not good and suggested the word sunset instead. Bill Hall said there is not problem with that but stated that this ordinance merely adopts the Engineering Design Manual and does not amend the Manual, (which uses the word "dark"). Mr. Hall said another ordinance can be brought back to Council for approval to change the wording in the Manual to sunset. Councilman Burcbard objected to both dark and sunset, stating in the summertime, that is too late in the evening. Mr. Hall explained that there are three documents which are used for construction; ie, the Engineering Design Manual states 7:00 a.m. to dark; the Code of Ordinances states 6:00 a.m. to 6:00 p.m. and the Section 1.07 of a Standard AIA Contract states 7:00 a.m. to 6:00 p.m. Councilman Marks said tbis is a housekeeping measure and we should approve it, knowing it'can be amended at any time if there are problems. There followed a lengthy discussion regarding whether to approve this tonight and to bring back the Engineering Desi.gn .Manual -for amendment, hours 'for Saturday and Sunday, definite clock,houra~ ~etc. . -. Motion to approve a~s written and direct staff to bring bac~ an ordinance next week amending the ~ngineering Design Manual to name clock hours 7:00 a.m. to 6::O0 'p.m. - Marks~ Second - Therio ~ ' Motion to postpone this ordinance to next week - Burchard; No second. Motion failed. 5 0043.0 ,' Original carried with ail members voting Aye, with the except£on of Councilman Burchard who voted No ....... 7. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR GROUP EMPLOYEE INSURANCE COVERAGE AND APPROVAL OF ORDINANCE AUTHORIZING CONTRACT FOR SAME Katherine Martinez handed out a Bid Tabulation Sheet to the Council which outlined the various bids received. Ms. Martinez said staff recommendation for health and life insurance, which will include vision coverage is Texas Municipal League who came is low bid this year and for dental coverage staff recommends Jefferson Pilot. Ms. Martinez said the total premium per employee will be lower this year than last year, noting there will be a savings of approximately $]23,000.00. Motion to approve as recommended - Burchard; Second - Marks Motion carried with ail members voting Aye, with the exception of Mayor Manning who abstained. 8. DISCUSSION AND CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF THE COLONY AND THE COLONY CHAMBER OF COMMERCE Bill Hall said this is regard to the agreement between the City and the Chamber of Commerce for a. flex time employee. This employee, Margaret Burkett, works out of the Chamber office at the Bank, giving her morning hours to the Chamber and the afternoon hours to the City, noting however, that she we'ars both hats ail day and that the program is working very well. Mr. Hall said soon:the Chamber will have a new building this request is to share some of the expenses of office supplies and equipment. Mr. Hail said the approximate impact on the 91/92 budget will be $6000.00. Councilman Therio did not agree with the city paying one-half of the expenses for the new Chamber building. Ms. Vivian Preston, Chamber President, said this is not really one-half of the expenses, noting that half of the phone and supplies expenses is fair. Ms. Preston said the city can certainly sit in on the next budget process to help determine what amount of expenses should be allocated to the City. Ms Preston went on to say that new letterhead reflecting both entities needs to be ordered, said they (chamber) are open for suggestions. She also said the Chamber is aware the building will be theirs and.kno, w they wi.il be maintaining it. She said she had tried to come up with numbers that would be fair and reflect actual expenses. Councilman Marks said he. felt $450.00 a month is a fair and realistic figure and has no problem with this proposal. Bill Hall agreed with ail but the cleaning of the building being done by t.he City. He said the City will take care of the lawn, but to clean the building would require an amendment to'our janitorial contract, which would be cost prohibitive. Ms. Preston said another option can be looked into. She said right now .the Bank gives the space to the Chamber and City at.no cost to either ~6 party. Councilman Burchard agreed with Councilman Marks but questioned why the City pays all the benefits to the employee. Ms. Preston said the Chamber's salary is higher than the city's but they do not pay benefits. This was at Ms. Burkett's request. Motion to approve the proposal as presented - Burchard; Second - Marks Councilman Marks said perhaps the motion should state that cleaning should be removed from the agreement. First motion and second rescinded. Motion to approve the proposal less cleaning~ and to direct the City Manager and the Chamber to negotiate the cleaning of the building , Marks; Second - Lynch Motion carried with a unanimous roll call vote. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY ADOPTING BY REFERENCE THE CONSTRUCTION STANDARDS FOR ON-SITE SEWERAGE FACILITIES Bill Hall said we have never had an ordinance covering septic tanks, noting that the standards for on-site sewer facilities (septic tanks) are included in the Council packets for their review. Councilman Lynch asked about grandfathering, noting septic tanks are O.K. in the Eastvale subdivision, but what about other areas of the City. Mr. Hall said this will cover the entire city. This item will be on the next agenda for action. 10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER TWO OF THE CODE OF ORDINANCES ASSESSING ADDITIONAL COURT COSTS FOR PARKING VIOLATIONS AND SCHOOL CROSSING ZONE VIOLATIONS Bob van Til said this ordinance is a result of Senate Bill 460 passed during the 72nd Legislature and effective as of July ], 199~. This bill enables cities to assess additional fees for traffic violations that occur in school zones. This ordinance will adopt the assessment of an additional $5.00 in court costs for each violation and $20.00 in court costs for each traffic offenses occurring within a school crossing zone. Mr. van Til said the Bill stipulates that funds generated by this ordinance must be used for school crossing guard programs, and if the funds generated exceed the cost to operate the program, the excess may be used for preventative programs such as drug abuse prevention. Staff has estimated the revenues generated from this will exceed 3 - 4 thousand dollars annually, which will only offset a small portion of the cost for the city's crosswalk guards. There was a brief discussion regarding the current fees. This item will be on the next agenda for action. 1]. COUNCIL COMMITTEE REPORTS Councilman Sharp - the Fees Committee has met with Chief Gibson and Sylvia Brantley. Ms. Brantley is doing a study. 12. CITY MANAGER'S REPORT 1. Angle Parking in Cul-de-sac - Chief Gibson has researched this and recommends against allowing angle parking in cul-de-sacs. .He has provided and Ordinance in case the Council decides this is the direction they wish to go. 2. A Transportation Committee has been formed with regard to the November~5,- ~]99! election. Sandy Jacobs, County Commissioner said there are 42 proposed bond projects Which the committee is to review. Ms. Jacobs has requested a letter from the Council no later than this Wednesday regarding this $50 million bond Csfue. Bob van Til gave a background on the issues and the concerns. Mayor.Manning reminded all Council of ~he work session set for September ]0, 199] at' 7:00 p.m. T.he Mayor also reminded the Council that packets are prepared by 5:00 p.m. on the Thursday before the council meetings on Monday. He encouraged all Council to pick up their packets early so they will be able to review the items on the agenda well before the meeting time. Mayor Manning adjourned the meeting at 9:44 p.m. William W. '~anning, Mayor~ ATTEST: Patti A. Hicks, OMC City ~ecretary . Environmental Health (214) 62~-406~ C~TY ~Y THE L^KE WHAT IS EXPLORING? Exlporing is a division of the Boy Scouts of America for young men and women ages 14-20. The purpose is to bring character building, citizen training and a fitness program to the youth of America. Explorer Posts can be organized by businesses, industries, churches, schools, civic clubs, and community and government organizations, which provide adult volunteer leaders, project resources and meeting facilities. These posts specialize in a variety of career and recreation programs designed to provide service, social, citizenship, outdoor careers and fitness learning activities. EXPERIENCE L~ARNINGARF2~: 1. CAREER - Review the variety of careers in animal care, conser- vation, enforcement, government, business, industry and private agencies. Plan programs on careers in animal care, game and fish management, research, edu- cation, biology, land use, environment and agricul- ture. Discuss the educational skills and training needed for these careers. 2. SERVICE - Plan projects for charities, churches, youth groups and community organizations. Assist with projects and programs of the National Wildlife Federation, Fish and Wildlife Service, the Wildlife Society, In- ternational Association of Fish and Wildlife Agencies, and the Wildlife Management Institute, where feasible. Develop and carry out conservation and energy saving projects. Support the BSA conservation program em- phasis - Save Our American Resources - SOAR - for the better life. 3. CITIZENSHIP - Study the effect of animal care and wildlife manage- ment on the community, state and nation. Study the history and development of animal care and wildlife management. Plan a program on the purpose and pro- grams of the National Wildlife Federation, the Fish and Wildlife Service, the Wildlife Society, the Inter- national Association of Fish and Wildlife Agencies and the Wildlife Management Institute. P.O. Box 560008 · The Colo~, Texas 75056 ATTACHMENT "A"(2) 4. PERSONAL FITNESS - Study safety, first aid, personal health care, and nutrition, plan fitness, sports, and exercise programs. Learn aerobic exercise for use by office workers. Se- cure speakers on mental and emotional fitness. Plan programs on boating, hunting safety and other related areas. 5. OUTDOOR - Plan campouts and weekend activities, study how animal care and wildlife management relates to energy use and environmental projects. Plan camping, aquatic and win- ter sports activities. Visit and plan projects with fish hatcheries, wildlife refuges, interpreventive cen- ters and public recreation areas. 6. SOCIAL - Plan parents night program, open houses and family activities. Provide animal and wildlife programs to assist the elderly, handicapped, disadvantaged and low income people. Develop programs for youth groups, churches, community organizations and plan parent Ex- plorer activities.