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HomeMy WebLinkAbout11/04/1991 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 4, 1991 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 November, 1991, 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 Present Joel Marks, Mayor Pro-tem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Don Chavez, 5141 Ragan, said he is concerned about a flyer being circulated attacking the integrity of our city government. Mr. Chavez said he received one on his truck in Denton and going on he said he thinks the people who prepared the fliers should come here and address these issues in person. Mr. Chavez also addressed a concern with Animal Control stating they are not responsive. He said he called them last week to pick up a cat cage and it has not been picked up yet. He said they did snap a chain of his but they have not responded to calls and have not picked up the cage. Mayor Manning said he is also disappointed at the cowardice of those persons who circulated the flyers. Rob Bauman, 4173 Newton, also spoke of the flyer, stating he was out of town on October 21, but thought the issue had been put to bed. He said he is objective in this matter since he and Bill Hall have had some run-ins in the past. Mr. Bauman said "they" asked me to come to the council meeting and speak out, stating that he is here but they are not. 3. PRESENTATION TO JAMES ENGLAND, FINANCE DIRECTOR Mr. Hall noted that a few weeks ago, James had been presented with a Certificate of Excellence given by the Government Finance Officers Association and now there is a plaque for that same award to be given to Mr. James England. Mayor Manning presented the plaque to Mr. England who thanked the Council, Mr. Hall and his staff for their help and support. 3 5. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD OCTOBER 21, ]991 Hotion to approve the minutes, Gomez; Second - Sharp. Notion carried with a unanimous roll call vote. B. GONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES Motion to approve the agreement, gomez; Second - Sharp. Motion carried with a unanimous roll call vote. 4. RECEIVE PRESENTATION FROM DENTON COUNTY ADULT PROBATION Mr. John Zimlich, representing Denton County Adult Probation, gave the council a prepared packet. Mr. Zimlich explained the background of the program, noting that persons on probation are person who have been deemed O.K. to stay in society and they have never been to prison. It is felt that they will give something back to the community through this program. Mr. Zimlich said they try to place persons where it will best benefit the community, noting this program is working in all areas of the County. He said they are trying to do things in a therapeutic and positive manner. Councilman Burchard asked what the most serious offense a person can commit and still be eligible for this program. Mr. Zimlich said almost anything. He said there is a screening process and people who are potentially dangerous are put on special projects, ie, with the Sheriff's Department. Councilman Burchard also questioned the term non-merit factors in the agreement. Mr Zimlich said that is a catch all phrase from earlier times and can be stricken from the agreement. Councilman Burchard asked if the city is liable if someone gets hurt and Mr. Zimlich said the legislature says there is the same indemnification as any other agency. Councilman Burchard asked who determines where people serve and Mr. Zimlich said the probation office sends the name to the City Manager and then the City Manager sends the persons where they are needed or it can go through the various departmental supervisors. The Councilman said his only problem is with the upper end of offenders that may be in the program and asked if we can restrict the type of offenders. Mr. Zimlich said we can, but the only people who would work in The Colony will be residents of The Colony, so they are already our neighbors. Mr. Zimlich gave several examples of various cases and said it is a question of whether The Colony wants to benefit from the program or give the benefit to another part of the county. Councilman Lynch asked when the program would start, if it is 4 normal to go through the City Manager or if it can go through anyone in the City, and if there are repeats. Mr. Zimlich said the program would start as soon at the City wants it to~ that it can go through anyone in the City, and that there are some repeats. Councilman Marks asked if the only people working in The Colony would be The Colony residents and if whoever is in charge can turn down the probationer. Mr. Zimlich said it could be anyone~ but they try to keep people in their own city and that they can be turned down and no reason has to be given. Councilman Burchard asked if we can restrict our program to only misdemeanors and Mr. Zimlich said no, must accept both felonies and misdemeanors. Councilman Sharp said this is a good idea and asked that the agreement be placed on the next agenda for approval. Councilman Gomez agreed and said he does want the City Manager to be the coordinator of the program. Councilman Therio agreed also. 6. CONSIDERATION OF APPROVAL OF A SITE PLAN FOR THE NEW CHAMBER OF COMMERCE BUILDING Mr. Bob van Til said the Colony Chamber of Commerce intends to construct a new office on the northeast corner of FM 423 and Chowning Cir. Going on, Mr. van Til said the lot is zoned General Retail which does allow for this use and the property was platted in ]980 and there is no public utility construction required. Mr. van Til said the building will be located far enough back to allow for the eventual expansion of FM 423. Mr. van Til said there will be one drive way, from Chowning Cir and the building will be screened from the adjacent residences by a fence along the eastern property line with a masonry wall the same as Food Lion has. Mr. van Til went on to say P & Z has recommended approval. Ms Vivian Preston, President of the Chamber said the building will be ]380 square feet~ built of brick with aluminum trim, which will require no maintenance. She that all landscaping requirements will be met. Motion to approve the site plan as presented - Gomez; second - Therio. Motion carried with a unanimous roll call vote. 7. CONSIDERATION OF VOTING FOR MEMBERS TO SERVE ON THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS Bill Hall said there are 5 positions open on the board with terms beginning in January 1992~ noting that Vivian Preston and Dick Weaver have been nominated by The Colony. Mr. Hall went on to say we have ]13 votes and must act by November 14, 1991, going on to say there are ]6 entities with different numbers of votes for each. He said all votes can be given to the two we nominated. Mayor Manning said there is no way we will get anyone elected with the number of votes we have. Councilman Burchard asked if we (the City) know any of the other persons nominated. Bill Hall said we 5 don't and read the entire list of name. Councilman Burchard suggested giving all our votes to only one of our nominees instead of splitting them between the two. All agreed Councilman Gomez said he feels Mr. Weaver does have more experience in this area. Motion to cast all 113 votes for Dick Weaver - Gomez; second - Therio. Motion carried with a unanimous roll call vote. ll. DISCUSSION OF AN ORDINANCE RELATING TO WELLS Bill Hall said this was postponed from the last meeting, noting it is not in ordinance form. He said there has been 3 requests to drill wells for irrigation purposes and we have not ordinance to regulate wells. Mr. Hall said this ordinance was sent to us from David Terry with the Texas Water Commission. Mr. Hall said there have been some concerns expressed the Council and residents. He said he received another draft on Friday from Mr. Terry~ who had agreed that the ordinance does need some work. Councilman Gomez said there are lots of pros and cons and said it is impossible to address this in this forum. Motion to postpone for a Work Session - Gomez; second - Sharp. ~-' Mr. Hall referenced a letter from resident~ Rick Holding~ noting it was given to all Council, and said there Council does need to answer one question. Mr. Hall asked what action should we take and should Mr. Holding take if he wants to dig his well now, since we have no criteria. Councilman Gomez said if we have no ordinance, then the man should be able to drill the well by working with staff. Councilman Lynch said o well has been drilled already and it did not meet requirements~ and suggested that Mr. Holding wait until the ordinance is in place. Councilmen Therio and Burchard agreed with Councilman Lynch. Councilman Sharp asked how we can stop him if he meets all the requirements of the State. Councilman Lynch said he knows the City cannot keep him from drilling, but it may be better for him to wait. Mr. Steve Mitchell #]0 Indianola said approximately ] year ago he and other residents came here and asked the city to draft an ordinance, and said that they would like to be invited to the work session regarding this ordinance. Councilman Marks asked if the well is drilled, who would inspect it. Mr. Hall said right now the Texas Well Drillers Board will come out, but the concerns addressed are not within the Texas Water Development Board regulations, noting they have to meet Health codes too with respect to distance from sanitary sewer lines. Motion carried with a unanimous roll call vote. 8. FIRST READING OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 17 RELATING TO LANDSCAPING Mayor Manning noted some corrections in the non-conforming section regarding buffering. Councilman Burchard asked why 9 months is allowed to comply. Mayor Manning said enough time should be given to allow sufficient time due to seasons, and all had agreed 6 months might be enough. Councilman Burchard complimented Mayor Manning on the ordinance. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER l0 BY ADDING ARTICLE VII RELATING TO TREES~ PLANTS AND STRUCTURES IN PARKWAYS Bill Hall said Councilman Therio and some residents had expressed concern regarding overhanging trees. He said in some areas trees hang over and scratch tops of vehicles and sometimes obstruct view. Mr. Hall said Bob van Til, Ken Leverich and Councilman Therio have worked on the ordinance. Bob van Til said the attorney had one concern over the word minimum and suggested it be changed to allowable. Ken Leverich said in checking 5 streets there were over 300 trees found in violation. Jim Wallace, 5032 Pemberton asked what can be done with limbs that are trimmed~ asking what provision the city will make to get rid of them. Mr. Wallace said when the ordinance goes into effect, there will be a deluge of limbs. He said the last time he trimmed limbs, he put them in a trailer to wait for the Clean Up Day and got a citation from the city for that. Mr. Leverich said the contract with Texas Waste says they will take debris as long as it is bundled to their specs. He noted there are 2 Clean Up days a year and that the city can start a compost and recycle the limbs for future use. Mr. Leverich said when the contract for waste management is addressed~ possibly an amendment could be considered to handle this large amount of limbs. Councilman Marks questioned the amount of maximum fine and how to handle this problem if the resident can't remove a treed. Councilman Therio said it would be just like mowing liens filed on property. Mr Hall did say this ordinance does establish ownership, which has been a problem for years. Bob Pointer, 5008 N Colony asked who the trees belong to between the sidewalk and the street. Mayor Manning said this ordinance established ownership as the residents'. 10. FIRST READING OF AN ORDINANCE AUTHORIZING THE ASSESSMENT OF LOCAL FEES FOR ALCOHOLIC BEVERAGE LICENSES Bill Hall stated that per Section 11.38 of the Texas Alcoholic Beverage Code, a governing body of a city may levy and collect a fee not to exceed one-hal the state fee for each permit issued for 7 premises located within the city, with some exceptions. Mr. Hall listed the type of permits and the amount of fees paid to the state. He noted that we could not assess a fee on mixed beverage holders until after the 3rd year of operation. There followed a general discussion regarding the various types of permits and the amount of fee which could be assessed by the City. Councilman Burchard noted an exception regarding private clubs. Mr. Hall said we do not have to leave that as an exception; that it can be addressed by the S.U.P. and the Council can waive the exception. Councilman Sharp said this have been available for a while and all the city has to do is implement it. Councilman Burchard asked that the exception for private clubs be waived in the ordinance. 12. DISCUSSION AND CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT FOR PROPOSALS FOR AN 800 MHZ RADIO SYSTEM FOR PUBLIC SAFETY Bill Hall said we have been looking into a new radio system in Public Safety for some time~ since the present system in no sufficient. He said we have mutual aid agreements with other agencies who are on 800 mhz and we can't communicate efficiently. Mr. Hall said this would only be for public safety (police and fire) and would be at an estimated cost of $200,000.00 Mr. Hall said surveys have been done and we have received lots of help from a The Colony resident and now have a proposal that will meet our current needs and can be expanded. Hall said we do need Council approval to seek proposals, noting this is an electronic item and does not have to be a sealed bid. Mr. Hall said long range financing has been recommended by the Finance Department, using $84,000 contingency from the Hawks suit for a portion of the cost. Councilman Lynch said extended warranty costs need to be included in the RFP. Motion to authorize Requests for Proposal on a 800 mhz radio system for public safety - Gomez; second - Sharp. Councilman Lynch the word "or equal" should be added. Councilman Marks asked if the proposal will go out just as it is and Mr. Hall said yes with some clean-up. Mr. Hall said the Public Works and Utility Departments will use the 150 equipment and we will try to sell the 450 equipment (Utility Dept.) Councilman Burchard asked the budget impact and Mr. England said using the $84,000 Hawks money for two years' payments there will be no impact for two years. He said we will not know for sure though till we receive the proposals. Councilman Lynch said to be sure the Hawks money is not already allocated. Motion carried with a unanimous roll call vote. 8 ]3 COUNCIL COMMITTEE REPORTS Councilman Gomez said this is not an official committee report~ but that he had received a complaint from a citizen regarding parking in front of the cluster mail boxes. He said after research and meeting with Chief Gibson, Bill Hall and the Post Master, an ordinance is forthcoming which will prohibit parking in front of cluster mail boxes. ]4. CITY MANAGER'S REPORT ]. Centex Tour - Derek Earle has planned a tour for members of Council and P & Z, in which he will take them to a development in Flower Mound, Texas that is similar to the one Centex is proposing for the South Planning Unit. Mr. Earle was present and said the bus will leave at 8:00 a.m. on Saturday, NoVember 9 and the tour will take about 2 hours. 2. Golf Course - A call was received from U.S. Golf, they are still working on their plans, and have just sent a demographic study which will be forwarded to the Corps. The plans are not moving rapidly, but they are still moving. 3. The Colony Fliers - requested to use a portion of Wynnewood where the golf course will be. We said we would request approval from the Corps, but we can;t do anything until we receive the actual proposal from U.S. Golf. 4. Northpointe Park - Bob van Til spoke to the State last week and our project is ranked #1 of the 37 projects to go to the commission. He said there is money for all 37 projects so it looks very favorable that we will receive the grant. 5. Animal Shelter - We are nearing completion of the Animal Shelter project. There are some specific areas of concern expressed by Councilman Therio about overall costs. Mr. Hall outlined dosts to date, projected costs and estimated costs for utility work. In summary, it is estimated that the project may come in at $5,763.00 over the budgeted $]50,000.00, with all utility and public works charges included. Councilman Lynch said since these are just estimates, we should wait until the project is complete to allocate more funds. Mr. Hall agreed, noting he just wanted Council to be aware of the possible overage. Councilman Burchard asked if the $]50,000 was in the ]990 budget. Mr. Hall explained that the money is in contingency funds not in the budget. Judy Talbot said the shelter should be finished by Wednesday and should be open by mid-November. 6. Councilman Sharp has expressed an interest in youth activities. Park and Rec is working on Sock Hop and also a program called "Friday Night Live" for ages 9 - ]4. It is a lock-in type 9 program from 7p.m. to 12 Midnight. Parents must drop off and pick up their children. With no further business to address, Mayor Manning adjourned the meeting at 10:10 p.m. APPROVED: i~l 1 ~i ATTEST: Patti A. Hicks, CMC City Secretary 10