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HomeMy WebLinkAbout11/18/1991 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 18~ 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 ]8th day of November, 199], 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: ]. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Tom Kehm, 5057 Roberts, President of The Colony Youth Soccer Association (C.Y.S.A.), addressed the council regarding the proposed field use fee for each child playing soccer. Mr. Kehm said the association is apposed to the fees, stating the association has purchased sod, improved the sprinkler system, purchased goals, fertilizer, a line painter, chalk, paint and a flag pole. He went on to say the sprinkler system at Turner Street Park was paid for by C.Y.S.A., as well as the bleachers. Mr. Kehm said the city's cost estimates are incorrect and noted that the city provides lots of services that he personally does not use. He said the sports organizations are run by volunteers and asked the council not to tax these organizations by charging a user fee for the fields Craig Smith, Executive Committee of C.Y.S.A., said the committee is opposed to player use fees as recommended by the Park and Recreation Board. He said if the fees are charged, they will go directly to the General Fund of the City and they should go to improve the fields. Mr. Smith said to charge $5500.00 to the organization would hamper their ability to help this city. Mr. Smith also said that C.Y.S.A. has done over $8060.00 worth of improvements for the city this year. He also said this would make the cost to play more and some people could not afford it. James Mann, 4228 Ireland, with The Colony Little League Association, spoke regarding the user fees also, saying he has 1000 signatures on a petition asking the Council not to establish these fees. Mr. Mann said he does not want to see our kids taxed. Dru Secor, 52]2 Hawse, said she has been reviewing what was in the paper recently regarding a new landscape ordinance. She said she would like to know more about this ordinance so the people can know what is supposed to be planted and where to find these plants. She also noted that there is a fire hazard in her neighborhood because of over grown plants. 3. MAYORAL PROCLAMATION DECLARING THE COLONY HIGH SCHOOL BAND WEEK Mayor Manning said the city has outstanding schools and an outstanding band, noting that each year more members reach State level competition. The Mayor said we will be viewing a video prepared by the band to use in its bid to appear in the Rose Bowl Parade in ]993. Mayor Manning read the proclamation in its entirety as follows: WHEREAS, The Colony High School "Cougar" Marching Band has been under the direction of Mr. Dick Clardy, since it inception in 1986; and WHEREAS, under Mr. Clardy's direction, the Colony High School "Cougar" Marching Band has consistently achieved a long list of high honors each year; and WHEREAS, over the years, a total of over two hundred band members have been selected to All-Region Band, and other members have been selected to All-Area Band, All-State Band and All-State Orchestra; and WHEREAS, for the year ]99]-92, The Colony High School "Cougar" Marching Band received the Outstanding Snare Line Award at the North Texas Drum Line Camp; was selected to march in the Adolphus Christmas Parade in Dallas, Texas; had four All-Region Orchestra Members and one All-Area Winner; received a First Division rating at the Bands of America, being named Best in Class, Best colorguard~ Best Musical Performance~ Best Horn Line and Best Over All Colorguard; received a First Division Rating at the U.I.L. Region Marching contest; was the champion at the U.I.L. Area Marching contest; and was First Runner-up in the U.I.L. State Marching Contest; NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas, do hereby proclaim the week of November ]8 through 22, ]991, as THE COLONY HIGH SCHOOL "COUGAR" MARCHING BAND WEEK and invite every resident of The Colony to join with the City Council in honoring these young citizens and their leader. Mr. Dick Clardy, band director accepted the proclamation and stated the Adolphus Christmas Parade will be on Channel 8 on December 7, ]99]. Those present then viewed two video 4 presentations of various performances of the band. 4. PRESENTATION OF CITIZEN AWARDS BY THE POLICE DEPARTMENT Chief Ted Gibson presented a certificate to Mr. William Pepper of 5057 Avery Lane for his quick reporting of a crime in progress, which enabled the police department to apprehend the suspect and clear several cases. A certificate will also be mailed to Mr. Peter Casper, who assisted the police in the apprehension of suspects in a burglary case. 5. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Katherine Martinez and Mayor Manning presented Chester Pannell with a 3 year pin and James (Al) Williams a 2 year certificate. Not present to receive their awards were Sharon Sebera (8 year pin) and Lise Paul (3 year pin). 6. PRESENTATION OF BOOK WEEK CONTEST WINNERS Ms. 3oan Sveinsson and Mayor Manning presented awards to the winners of'the various contests held during Children's Book Week. 7. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY REQUESTING TO AMEND THE CODE OF ORDINANCES, APPENDIX A-ZONING RELATING TO PRIVATE CLUBS Motion to open the Public Hearing - Lynch; Second - Therio. Motion carried with all members voting Aye. Bob van Til said that during a recent Specific Use Permit request, the category of "Private club" was found to be exempt from the City's regulations regarding distances for the sale of alcoholic beverages. Mr. van Til said that to keep in line with the Council's intent to regulate the sale of alcoholic beverages, staff has proposed to incorporate the private club definition into the requirements that govern the sale of alcoholic beverages; particularly those regulations relating to the proximity requirements between establishments. Mr. van Til then covered the proposed amendments stating that the Schedule of Uses, Definitions and distance requirement section would be amended to include private clubs, defining them as eating place with beer, wine, or liquor and with bar service. There followed a lengthy discussion regarding the amendments and their purpose and intent. Councilman Lynch asked if the distance of ]000 feet applies to the distance from a beverage store or from another bar. Mr van Til said only from a beverage store. Councilman Burchard said this came up because there was a business looking at the old "Puds" building and staff realized then that there are no restrictions on Private Clubs, which would give them a more competitive position. 5 Councilman Gomez said there needs to be more clarification defining private schools and day care centers. Councilman Lynch asked how a business under definition 55a would fit in. Mr. van Til said that would be classified as a restaurant and there would be no distance restrictions. Motion to close the Public Hearing - Lynch; Second - Therio. Motion carried with all members voting Aye. 8. CONSENT AGENDA A. CONSIDERATION OF THE MINUTES OF THE COUNCIL MEETING HELD NOVEMBER 4, 199! Motion to approve the minutes as written - Gomez; Second - Therio. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTION 17-104 OF APPENDIX A-ZONING RELATING TO LANDSCAPING Mayor Manning said he had made some changes since the last meeting, and that they are included in the packet. He went over the changes regarding protected trees, minimum requirements in parkways, and non-conforming properties. Mayor Manning said he did take out Planning and Zoning of the section relating to the approval of the landscape plan, noting that it will be coming to Council with the site plan and will be approved by Council. Motion to approve the ordinance as presented - Gomez; Second - Marks. Councilman Marks said he appreciated the Mayor's work on this ordinance. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING APPENDIX A-ZONING RELATING TO PRIVATE CLUBS Councilman Sharp asked about definitions, stating it seems that we are restricting the location of restaurants by this ordinance and this could hamper commercial growth. Mayor Manning said this is not the issue, tonight we are to vote on whether or not to include private clubs in our code. Motion to postpone for a work session - Marks; Second - Therio. Councilman Burchard said the only intent was for private clubs to fall into the same restrictions as other bars. Motion carried with the following vote: Lynch - Aye, Sharp - Abstain, Therio - Aye~ Burchard - Aye, Gomez - 6 No, Marks - Aye, Manning - Aye. 9:05 Mayor Manning left the meeting and Mayor Pro-tem Marks presided. C. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 10, BY ADDING ARTICLE VII RELATING TO TREES, PLANTS AND STRUCTURES IN PARKWAYS Mayor Pro-tem Marks read the caption as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY~ TEXAS, BY AMENDING CHAPTER ]0, BY ADDING ARTICLE VII RELATING TO TREES, PLANTS AND STRUCTURES IN PARKWAYS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Motion to approve the ordinance as written - Gomez; Second - Therio. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF A RECIPROCAL AGREEMENT WITH DENTON COUNTY ADULT PROBATION DEPARTMENT FOR A COMMUNITY SERVICE RESTITUTION PROGRAM Councilman Burchard said he is concerned with this program because it allows persons given probation from Denton County to work off time with community service hours and these persons could be felons. He said he has trouble with The Colony opening it arms to that type person, although he does understand the need, he objects to felons. Councilman Marks noted these persons may already live in The Colony. Councilman Therio said we can refuse any persons presented to us. Councilman Gomez agreed, stating we are in control of the program and these are probably going to be The Colony residents. He said we should try to help in the rehabilitation and that he is in favor of the agreement. Councilman Therio asked if it would be appropriate to direct the coordinator not to accept certain offenders. Councilman Burchard said if the motion is for that then he would approve. Bill Hall noted that each individual would be screened, and he doesn't want us to approve something that is contrary to the way the agreement is written. Motion to approve the agreement as written - Gomez; Second - Sharp. Councilman Burchard made an amended motion to approve with direction to the City Manager to accept only misdemeanor offenders; 7 Second - Therio. Motion carried with the following vote: Lynch - Aye, Sharp - Aye. Therio - Aye, Burchard - Aye, Gomez - No, Marks - No. F. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER THREE BY ADDING SECTION 3 - 3 ASSESSING A FEE FROM LOCAL ALCOHOLIC BEVERAGE PERMIT HOLDERS IN ACCORDANCE WITH SECTION 11.38 OF THE TEXAS ALCOHOLIC BEVERAGE CODE Councilman Lynch asked why private clubs are not included in this ordinance, when Council had directed staff to include them. Bill Hall advised that the Texas Alcoholic Beverage Code expressly states that private clubs are exempt from these fees. Motion to approve the ordinance as written - Lynch; Second - Burchard. Councilman Sharp said the City Secretary should go through the Texas Alcoholic Beverage Commission to receive all the license holders in the City. Motion carried with a unanimous roll call vote. G. CONSIDERATION OF A BUDGETED CASH TRANSFER IN THE AMOUNT OF $300,000 FROM THE UTILITY FUND OPERATING FUND TO THE GENERAL FUND OPERATING FUND Motion to approve the transfer as recommended - Gomez; Second - Therio. Motion carried with a unanimous roll call vote. H. CONSIDERATION OF A RESOLUTION TO RATIFY THE VOTES CAST FOR A MEMBER TO SERVE ON THE DENTON CENTRAL APPRAISAL DISTRICT Motion to approve the resolution as written - Gomez; Second - Therio. Motion carried with a unanimous roll call vote. I. CONSIDERATION OF RENEWING THE ANNUAL CONTRACT FOR THE STEWART CREEK PARK GATE ATTENDANT Motion to approve the contract as written - Gomez; Second - Therio. Motion carried with a unanimous roll call vote. 9. CONSIDERATION OF A RESOLUTION SUPPORTING OR REPEALING THE WRIGHT AMENDMENT, RELATING TO AIR TRAFFIC AT D/FW AND LOVE FIELD AIRPORTS Motion to approve the resolution - Gomez; Second - Sharp. Motion carried with all members voting Aye with the exception of Burchard who abstained due to his vocation. ]0. FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER ]3, ARTICLE V RELATING TO ALARM SYSTEMS Mayor Pro-tem Marks said this was brought back at the request of at least four members of council. Bill Hall said following final passage of Ordinance 7]5 pertaining to alarms, staff as well as several council had received phone calls regarding two areas of the ordinance; one relating to existing alarms systems not being grandfathered and second the $35.00 cost of the permit. Mr. Hall said the ordinance in the packet is not written as he had intended, but it can be amended verbally tonight and approved or it can be postponed. Going on, Mr. Hall said the Ordinance in the packet says that no permit is required for existing alarm systems, but really they are required to get a permit, for identification purposes, but they are not required to pay the $35.00 fee. Councilman Burchard asked why we need to identify them when if they have a false alarm they will then be identified. Mayor Pro-rem Marks agreed with grandfathering the existing systems, but he thinks $35.00 is too much and suggested a permit fee of $]5.00. Councilman Gomez said the committee checked with other cities and determined what was covered for that fee and said $]5.00 won't do it, and then moved to approved. Councilman Therio reminded everyone this is just a first reading only. Councilman Sharp suggested grandfathering the fee until December 3], 199]. Motion to postpone and refer to committee - Gomez; Second - Lynch. Bill Hall said he asked Chief Gibson to hold off on charging fees to existing systems, noting however, that some have already paid and will have to be refunded, with Councilman approval. All Council agreed. Motion carried with a unanimous roll call vote. ]1. COUNCIL COMMITTEE REPORTS Councilman Sharp said the Fees Committee will meet promptly regarding alarms and will also meet with Bill Hall, Sylvia Brantley and the sports organizations to discuss the field use fees. ]2. CITY MANAGER'S REPORT 1. SPAN - there is a proposal to close the congregate meals program in The Colony. This past Tuesday I met with SPAN and still have questions regarding this issue. Commissioner Jacobs and Mayor Manning have both written letters to object to the closing of the program. This will be on the Commissioner's Court agenda this Wednesday at 3:00 p.m. and I will be there. 9 2. Northpointe Park - Bob van Til said that he learned 1st week we did receive the grant for the park from the Texas Parks and Wildlife Department and will probably have the contract to Council by the end of January. 3. S.R.F. Update - Tommy Turner gave a report of the progress on this project. This week tie ins can be made on 423 to the sewer system. That is the only area that has passed the test. 4. The City Secretary is to determine the best date for a work session to discuss the well ordinance, a representative of the Texas Well Driller's Board will be here to meet with Council. 5. Land Leases - We have not received a land use plan from some of the lease holders. I will, with Council approval, send a letter to all and request that plan. All Council agreed. One lease has not been executed and has been on hold for a long time. Mr Bob Redden spoke up and said he is here and would like to address the council.. Bill Hall said the lease has been reviewed by staff and the city attorney and now we need to get it executed. Mrs. Redden said they had not sighed the lease because of changes not made. Mr. Bob Redden, #8 Holden Cir. said our lease was revoked first because the legal description was wrong. We have planted ~--' trees and shrubs and put up a storage shed which the city says we have to move. He said he would .like to get this settled tonight because it has been a long time problem, and said that he would take the blame for some of the mis-communication. Mr. Redden said he just wants the city to let him know when they have to do work on the property so that the things can be moved. Mayor Pro-tem Marks advised Mr. Redden to get with Mr. Hall. With no further business to address, Mayor Pro-tem Marks adjourned the meeting at 10:16 p.m. APPROVED: W~lliam W. Manning, Ma~ ATTEST: Patti A. Hicks, CMC City Secretary 10