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HomeMy WebLinkAbout10/14/1991 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 14~ 199] The Special Session off the City Council of the City of The Colony, Texas was called to order at ?:00 p.m. on the ~4th day of October, 1991 at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Absent Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Absent Lou Gomez, Councilman Present Joel Marks, Mayor Pro-tem Present and with five present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CONSIDERATION OF NOMINATION(S) FOR CANDIDATE(S) TO SERVE ON THE BOARD OF DIRECTORS FOR DENTON CENTRAL APPRAISAL DISTRICT Councilman Gomez nominated Mr. Dick Weaver, Councilman Sharp seconded the nomination. Councilman Marks nominated Mrs. Vivian Preston, Councilman Gomez seconded the nomination. Both parties have been contacted and are willing to serve if elected. Nominations approved with a unanimous roll call vote. 3. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 13 BY ADDING ARTIGLE V RELATING TO ALARM SYSTEMS Bill Hall called attention to the amended pages handed out before this meeting, which contained some needed changes brought to his attention by members of Gouncil. Mr. Hall said this ordinance covered at the last meeting and then referred to the fees committee is ready for adoption. Mr. Hall then went over the changes. Councilman Gomez asked if a statement could be printed on water bills to inform people that this ordinance is in effect. There followed a discussion regarding the time in which persons have to comply. Chief Gibson said the list of alarm holders will be contacted by the police department. Councilman Gomez said this should also be placed on the cable channel. Councilman Marks questions the necessity for the council to get involved in the appeal process. Mr. Hall said no but it might be more appropriate that the process stopping at the City Manager. Gouncilman Marks stated he does not see a need for an appeals process at all. After a brief discussion, it was agreed the appeals process should be struck from the ordinance. Motion to approve the ordinance as amended and eliminating the appeals process - Sharp; Second - Gomez Notion carried with a unanimous roll call vote. 4. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER ]5 RELATING TO SOLICITORS PERMITS Bill Hall stated this ordinance is also referred from the Fees Committee and was addressed at the last council meeting. Mr. Hall covered the changes made to the Ordinance. Motion to approve as written - Therio; Second - Gomez Councilman Therio asked why some solicitors only have a list of the persons soliciting and do not wear the photo I.D. badges. Chief Gibson explained that according to Federal law, interstate commerce vendors cannot be charged a solicitors permit fee or made to register, however, they do provide a list of persons who will be working in the city. Motion carried with a unanimous roll call vote. 5. CONSIDERATION OF APPROVAL OF AN ADMINISTRATIVE FEE FOR THE PERMITTING OF LIQUID WASTE DISPOSAL Bill Hall said this is to accommodate the many septic tanks which will be disposed of in the Eastvale area as soon as residents begin to go on line with the new sewer system. Mr. Hall said the fee needs to be in place before the change over takes place. Tommy Turner said the proposed fee is $7.50 which will be added to the $20.00 permit fee the residents will have to acquire. This is to indicate how many tanks are being emptied. Mayor Manning questioned if the cost is sufficient. Mr. Turner noted this is just an administrative fee. Councilman Gomez asked if the city will be treating the sewerage and if so, he agrees with the Mayor, then suggested a $25.00 one time fee. Councilman Marks asked why the residents should be charged for dumping the waste, suggesting the company doing the dumping should be one to incur that expense. Mr. Hall said that is why the fee is only an administrative fee, noting the companies may go elsewhere to dump the tanks~ therefore the dumping fee was not included in this proposal. After a brief discussion, it was agreed the administrative fee would be sufficient. Mr. Hall reminded council that our current ordinance establishes a minimum charge which is by the gallon. There was a consensus by council to charge for dumping in this manner. Motion to approve the administrative fee - Therio; Second - Gomez Motion carried with a unanimous roll call vote. 6. RECEIVE REPORT FROM THE CABLE T.V. COMMITTEE REGARDING 3 TELEVISING OF COUNCIL MEETINGS Councilman gomez said the committee met October 8, ]99! and viewed the tape of the October 7 council meeting. He said TCI is ready to start live telecast of council meetings on October 21, ]99], with council approval. Councilman Gomez said there were two goals of the committee; ]. televise council meetings and 2. review the franchise agreement. He went on to say they are about half finished. 7. CONSIDERATION OF AUTHORIZING THE TELEVISING OF COUNCIL MEETINGS ON PUBLIC ACCESS TELEVISION Motion to authorize live telecast of council meetings - Gomez; Second - ?herio Motion carried with a unanimous roll call vote. WORK SESSION: 8. DISCUSSION OF CHANGING THE NAME OF THE ANIMAL CONTROL DIVISION TO "ANIMAL AND WILDLIFE PROTECTION DIVISION" Bill Hall said that about one year ago, the Animal Control division was moved from the police department to the Environmental Health Department. Mr. Hall said there have been many good changes since that time and in an effort to continue to improve the image of that division~ there is a request to change the name from Animal Control to "Animal and Wildlife Protection Division". Marcus Cook, Animal Control Officer was present and explained that wildlife was used in the name, because so many people actually moved here due to the natural surroundings, the open spaces, and natural habitats. Officer Cook said the word protection gives a more positive image. All Council agreed that this is a good idea. 9. DISCUSSION OF AN ORDINANCE AMENDING SECTION ]7 OF THE CODE OF ORDINANCES RELATING TO LANDSCAPING AND TREE PROTECTION Mayor Manning suggested going over this ordinance a page at a time and answering any questions that might come up. The Council discussed the proposed ordinance at length, making changes in several sections. Derek Earle was present'representing Centex and expressed concern over the section regarding protected trees. Mr. Earle said this requirement will add substantial expense to developers and could make some land un-usable. Mr. Earl said he agrees with protecting trees ]8" in diameter but not ]0". Mr. Earl also suggested adding the building pad area to the exceptions listed in paragraph A. 2 under protected trees. After a brief discussion it was a consensus that the protected tree should be a diameter of ]8" and that the building pad area will be added to the exceptions. Several other changes were decided upon by the Council 4 relating to landscaped area, number of trees required, view obstruction, height of trees from the ground, length of time to come into compliance, and non-conforming properties. It was decided that the entire section relating to "Minimum Site Plan Requirements" would be deleted. Bob van Til said the attorney had expressed concern over 3 areas; (1. making this ordinance retroactive, (2. the city will receive complaints regarding making it retroactive and (3. how will the city staff determine who is and who is not in compliance. Mayor Manning said Inspections would handle the enforcement of the ordinance. Councilman Therio suggested sending a notice to all businesses giving them the time frame and the reasons why their business is not in compliance. Bill Hall suggested a public hearing before passing the ordinance. There was a brief discussion regarding the benefits of holding a hearing. Bob van Til reminded all that a public hearing had already been held on the ordinance which met the requirements of the law. After further discussion it was agreed to move ahead without holding a hearing. With no further business to address, Mayor Manning adjourned the meeting at 9:59 p.m. APPROVED: i4' lliam W. Mann~ ATTEST:. ~~~ P~tti A. Hicks, CMC City Secretary