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HomeMy WebLinkAbout04/20/1992 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 20, 1992 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 20th day of April, 1992, 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 Joel Marks, Mayor Pro-tem Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Laura Grimm, 4712 Crawford, addressed the council regarding underground springs located on her property. Ms. Grimm said she and her husband bought the property without knowledge of the springs now they and are experiencing many problems. She said the sidewalk and alley are always wet and are covered with algae, the kids slip down and they have foundation problems. She asked if the city could help with this problem. Galen Woods, 4713 Roberts, also spoke to the council about underground springs, noting he lives east of the Grimm property and that he has a transformer in his yard out of which water has been pouring for about 2 years. He said his back yard is constantly wet this year and that he would appreciate any help the city can give. Orma Lehman, 4704 Crawford, said she too has problems with these springs, noting that water pours down the alley and stands under her bedroom window, causing bugs and said water is standing in the street now. Ms. Lehman said something needs to be done. Roni Toelle, 4708 Crawford, said in her home water is coming through the kitchen floor and has been for 14 years, but that it has been worse in the last 3 years. She also asked for help. Willetta Naftzger, 4705 Crawford, said her lawn is wet on one side and that she supports her neighbors to the south in their plea for help. Bill Hall responded stating that the city has been aware of these problems for some 3 004337 time, and passed some pictures to the council, going on to say this problem runs from Joy Drive along Crawford, Roberts and Jennings Ct. He said there is a series of underground--'" springs in that area and that they can change overnight, depending on the time of year. Mr. Hall said about 3 years ago a portion of Strickland St. collapsed and a 4 foot void was discovered underneath the street, caused by these springs. Going on, Mr. Hall said he doesn't know the answer to the problem. He said french drains will help, but they would have to be put all along the area, and since the springs do change often and no one knows how deep the springs are, that wouldn't help much. Mr. Hall said the city has tried various solutions and nothing has worked. Roni Toelle asked if the city could go back to F & J for help. Mr. Hall said there is probably no recourse, noting the homes are 10-11 years old and Home Owners Warranties run only 5 years. Going on, Mr. Hall said F & J probably were not aware of the springs when the homes were built. Mr. Woods said the water has been coming from the concrete block of the transformer for 3 years and that it has not changed in that time. He said that concerns from a safety standpoint and Mr. Hall said he will contact T.U.E. about that. 3. MAYORAL PROCLAMATION DECLARING CHILD ABUSE PREVENTION MONTH Mayor Manning read the proclamation in it's entirety as follows: WHEREAS, Child Abuse is a complex and ongoing problem in our society, ~ affecting a great number of children; and WItEREAS, every child is entitled to be loved, cared for, nurtured, and secure; and WHEREAS, the welfare and development of every child is the responsibility of every adult human being with whom he or she come in contact; and WHEREAS, the Denton County Child Welfare Board hopes to involve the total community in support of programs that foster the prevention of child abuse and neglect; NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas hereby proclaim the month of April, 1992, to be CHILD ABUSE PREVENTION MONTH in The Colony and I urge all citizens to work together to help reduce child abuse and neglect significantly in the years to come. SIGNED AND SEALED this 20th day of April, 1992. 4 004338 Sandie Kramer, Chairperson for the Denton County Child Welfare Board, was present to accept the proclamation, and stated the biggest need is support for the Foster Home program. At this time Mayor Manning read a proclamation declaring Professional Secretaries Week, which had been received too late to place on the agenda. WHEREAS, professional secretaries are committed to upholding the highest ethical standards; WHEREAS, professional secretaries contribute greatly to office excellence; WHEREAS, the week of April 19-25 has been designated Professional Secretaries Week by Professional Secretaries International, its founder and sponsor; NOW, THEREFORE, I William W. Manning, Mayor of the City of the Colony, Texas, do hereby proclaim the week of April 19-25, Professional Secretaries Week, and ask that management everywhere join in recognizing these outstanding professionals in their employ especially on Wednesday, April 22, Professional Secretaries Day. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City to be affixed on this the 20th day of April. 1992. 4. PRESENTATION OF EMPLOYEE AWARDS The following persons will receive awards for the month of April: Kenny Adamcik, 10 years and Ron Taylor - 5 years. Neither was present at the meeting. 6. CONSIDERATION OF APPROVAL OF THE SITE PLAN APPROVAL FOR THE FIRST UNITED METHODIST CHURCH Bob van Til said this is a request for an expansion to the existing facility located on the corner of Paige Rd. and Avery Dr. Mr. van Til said the church plans to add a multi- purpose building and 177 parking spaces. Going on Mr. van Til said the driveway spacing and width is in accordance with design standards and a 20 foot fire lane loops around to the back of the parking lot, with a fire hydrant on the corner of Paige and Avery. Mr. van Til said there will be a four foot (4') sidewalk installed on Avery across the new parking lot. Mr. van Til said P & Z has reviewed the site plan and does recommend approval. After brief discussion: 5 004333 Motion to approve the site plan as presented - Sharp; Second - Therio. Motion carried with a unanimous roll call vote. ~---'~ 5. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD APRIL 6, 1992 Motion to approve the minutes as written - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY AMENDING ARTICLE II RELATING TO THE VOLUNTEER FIRE DEPARTMENT Motion to approve the ordinance as written - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION AMENDING SCHEDULE I TO ORDINANCE NO. 733 RELATING TO THE SUBSTITUTION OF CERTAIN PROPERTY TO BE PURCHASED WITH THE PROCEEDS OF THE CITY'S PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS SERIES 1992 Motion to approve the Resolution as written - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE ANNUAL CONTRACT FOR MOWING OF RESIDENTIAL PROPERTY AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Motion to accept and award the bids are recommended and to approve the Ordinance as written - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF UNIFORMS FOR CITY EMPLOYEES AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Motion to accept and award the bids are recommended and to approve the Ordinance as written - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. F. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A LOADER/GRADER TRACTOR AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME 004340 Motion to accept and award the bids with the addition of $735.00 for a 5 year extended warranty and to approve the Ordinance as written - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. G. CONSIDERATION OF A CHANGE ORDER WITH MOTOROLA FOR THE 800 MHZ RADIO SYSTEM Motion to approve the Change Order as recommended - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. 7. DISCUSSION AND CONSIDERATION OF TRANSFER OF LEBANON WATER SUPPLY Bill Hall explained that Lebanon Water Supper has been supplying water to a portion of Plano, Frisco and Hebron and to Summit Ranch, with a 2" line along 121, under the Railroad, westbound through the IBM property to Larry's Restaurant back under 121 and terminating in Hebron. Mr. Hall said the company wants to get out of the water business, noting a portion of it has been sold to Plano, noting that this however, would not be a purchase, just a transfer to the City of the Colony. Going on, Mr. Hall said at some time IBM will develop and in accepting this line we will accept all easements which will be very beneficial for the development of the IBM and Billingsley tracts. Mr. Hall went on to say the Texas Department of Transportation (T-DOT) requires the line under 121 to be encased at an estimated cost of $3500 - $4500. Mr. Hall said we will put in city meters and that this has been cleared through Dallas. There was a general discussion regarding the condition of the system, noting the biggest advantage to the transfer is the acquisition of the easements. There is no requirement to provide waste water treatment to the customers on the line. Motion to approve the transfer as recommended - Therio; Second - Sharp. Motion carried with a unanimous roll call vote. 8. CONSIDERATION OF APPROVAL OF REALLOCATION OF PARK BOND FUNDS AS RECOMMENDED BY THE PARK AND RECREATION BOARD Vern Roberts, Chairman of the Park and Recreation Board (P & R) said this had been a long process, noting the board has gone to all the parks and has made several recommendations. Mr. Roberts said there has been a lot of activity in the parks, especially with the Adopt-A-Park groups. Naming the groups: Jaycees, Boy Scouts, Lions Club, Beta Sigma Phi, Business & Professional Women; he said the board has taken all their input and has tried to determine the best use for funds available. Mr. Roberts covered the list of proposed changes (See Attachment "A") and said if the improvements are carried out as proposed, the balance in the bond funds will zero out. He said the board will continue to review all the parks and suggest improvements as funds are available. Councilman Marks said he appreciated the professional presentation and asked if all groups effected have been contacted. Mr. Roberts said yes, noting the board has done their best with the money available to meet the needs of all the groups. Sylvia Brantley said the scheduling of the improvements will depend on when the Public Works Department can get to the projects. Going on, Ms. Brantley said the correct fund balance is $265.67 not as in her memorandum and she said they recommend putting that amount into the proposed jogging trail, so that all funds will have been re-allocated. Councilman Lynch noted that funds can be shifted from one to another if necessary. Mr. Roberts did say that $800.00 has been allocated to Lions Club Park for a pump to aerate the pond. Mark Engels, 4904 Hetherington, representing the Lions club asked about the playground equipment at Lions Club Park, noting several items have been removed for repair and have not been returned, going on he said they (Lions Club) met with P & R regarding the condition of the equipment and that they were not satisfied with the response. Mr. Engels asked the city to keep the agreement to maintain the equipment, which has been purchased by the Lions Club. Mr. Roberts said some of the equipment is being repaired and will be returned, but some is in too bad a condition to be repaired, going on, Mr. Roberts said the board has tried to do the best with what they had and that it is not always an easy decision. Mr. Engels said the Lions Club is embarrassed to have their name on the park. Mayor Manning suggested the club approach the board during the upcoming budget process, noting nothing can be done tonight. Motion to approve the re-allocation of bond funds as recommended - Lynch; Second - Burchard. Motion carried with a members voting Aye, except Councilman Therio who "-" abstained. 9. FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BE DELETING IN ITS ENTIRETY CHAPTER 5 RELATING ENTITLED ANIMAL CONTROL AND ADOPTING A NEW CHAPTER 5 ENTITLED ANIMAL AND WILDLIFE PROTECTION Councilman Therio, who served as chairman of the Animal Ordinance Committee, thanked Judie Talbot, Dr. Mitch Moses, Marcus Cook, Lise Paul and Dr. Fred Holt for their contributions to this document. Mayor Manning began discussion, citing many concerns with the proposed ordinance, including authority given to the Animal Control Officers, the carrying of weapons by Animal Control Officers, other sections of the ordinance he felt could not be enforced, unreasonable search and seizure, requirement to vacdnate animals, requiring sterilization of animals, fees and other miscellaneous items. Councilman Lynch also noted concerns regarding the pick-up fees, prohibited animals and the permit for them. Councilman Lynch questioned page 4 regarding nuisances, barking, etc., as well as the fees for inspections of commercial establishments. Councilman Burchard said he is not comfortable with two fees for sterilized and non- .--. sterilized animals unless some justification can be shown. Councilman Marks agreed and 8 004 4 asked if this is a state law. Councilman Therio noted this only relates to animals adopted from the shelter. Councilman Marks also questioned the definition of animal at large, and the section regarding transporting an animal in the back of a pick up. Marcus Cook stated that is a Federal Law, and noted it does not apply to governmental enforcement animals. Bill Hall interjected that the city can enforce State laws, but it is not required to enforce Federal laws. Mayor Manning suggested members of council express their concerns to Bill so the ordinance can be amended before bringing it back for a second reading. Councilman Marks asking about the different fees for sterilized and non-sterilized animals, who is the final authority to say if an animal should not be sterilized. Ms. Talbot said if a veterinarian says not then sterilization will not be required. Councilman Lynch asked if keeping of livestock is being "grandfathered" or if the purple house will now be required to fence their horses, going on to say someone has been ducking that issue. Mr. Hall said no one is ducking the issue, it is being addressed. Councilman Lynch said the number of animals allowed should be combined and put in one place in the ordinance. Kim Wagner, 6853 Anderson addressed the council, citing many concerns with the ordinance including: the definition of nuisance in relation to barking, for example is it a nuisance if a dog barks for over 15 - 20 minutes, several problems with Section 5, some of which are 5 4-C,D,E,G,H,L,M,N, and O. Ms. Wagner, in regard to Section 5 6-C said she thinks an Animal Control Officer may not be qualified to make this determination and a vet should be consulted. Councilman Therio asked who would pay for the vet. Ms. Wagner also expressed concern about animals being required to wear the collar and tags, noting this could be a problem for show dogs. Councilman Sharp said Animal Control Officers don't look into a fenced yard to determine if an animal inside is vaccinated and registered. Animal Control Officer Paul said at one she and Officer Cook had checked animals inside chain link fences. A citizen present at the meeting, agreed stating that he and two of his neighbors received citations for their animals and all their animals were confined inside their own fenced yards. After more discussion Mayor Manning again asked the council to bring their concerns to Mr. Hall for amendments to the ordinance. 10. COUNCIL COMMITFEE REPORTS 11. CITY MANAGER'S REPORT 1. Golf Course - letter from U.S. Golf wanting to meeting with the Corps and the City, however, the Corps has advised they will leave it to the City and then they will review the contract. 2. Stewart Creek Park Rd. - in bad shape. It was put in two years ago by the Corps and now the Corps says we have to repair it. The estimated cost will be $15,000 to $25,000, which will have to be bid. This will be a major capital outlay and we will bring to 004343 the council on May 4 for authorization to advertise for bids. 3. S.U.P. changes - Right now a S.U.P. is good for one year after a business closes. Have received input from some council wanting to reduce that time frame. He said this does require going to P & Z first. 4. Land Lease Committee - met April 17, with Councilman Sharp, John Mitchell, Steve Mitchell, Marty Belcher and myself present. Several items discussed and have addressed new land leases, a recommendation will be forthcoming to the council. 5. Conference in Austin - Mayor Manning and I attended a conference covering FLSA, contracts and several other very pertinent items. One item regarding Substance Abuse Ordinances brought out some problems with our ordinance and we will be making some changes before bringing it back to the council. 6. First United Methodist Church has requested to adopt the median on Paige Rd from 121 to S. Colony Blvd. 7. LISD site plan - letters have been received from Dr. Downing expressing strong concerns over the requirements for signalization and drainage. He said to bring this back to the council will require 4 council signatures. 8. Remodeling proposal - enclose the existing court area to make a new conference room, enclose a portion of the back of that area for storage of the cable equipment. The City Secretary will move into the existing conference room and the Records Supervisor will move into the existing city secretary's office. Some changes in Court, to comply with ADA. Mr. John Zimlich with Denton County has been contacted and the labor can be done with C.S.R. people. For overflow council meetings, we do have the training room and there is a possibility of putting a T.V. monitor in the reception area. The cost will be minimal for materials only, and the wall between the chambers and the conference room will be insulated for sound proofing. Mayor Manning thanked the cable volunteers and asked anyone interested in helping to please call. With no further business to address, Mayor Manning adjourned the meeting at 10:20 p.m. ~'William W. ~ia~ning, Mayor ~ST: Patti A. Hicks, CMC, Ci~ Secreta~ '" 10 ; " ATTACHMENT "A" FUND CURRENT ESTIMATED PARK ALLOCATION FUND BALANCE COMPLETION COST B. B. Owens $22,485.00 $5,652.45 -$4,000.00 Previously approved projects to be completed - purchase swing and slide. Complete safety zone in playground area (pea gravel), & landscape timbers. Estimated cost - $2,200. Additional proposed improvements - extend irrigation system to cover infields and playing fields. Estimated cost - $1,000. Add $800 for pump to aerate pond. Brid~es Park $ 3,530.00 $2,141.66 -$2,500.00 Current projects to be completed - order swing, slide, pea gravel & timbers for border. No additional improvements. Need request to reallocate an additional $358.00 to complete project. v~ $ 3,760.00 $ 590.21 +$1,500.00 Additional improvements - allocate current fund balance to co-fund picnic shelter with Jaycees. Re-allocate additional $1209.79 to complete. Slav/Baker $ 1,660.00 ($155.47) $1,100.00 Additional proposed improvements - re-allocate $1,100 to purchase a swing set (4 Seater), 2 regular seats and 2 tot seats. Also need pea gravel and one (1) grill. Park $ 950.00 $ 950.00 $ 950.00 ~urrent approved projects to be completed - Landscaping and park bench have been ~pproved. Asking for project change. No fund allocation difference. Proposed ,roject change: Purchase lamp post and electrical hook-up. This park adopted by BPW and has one park bench and a small gazebo. The adoptees have continued to improve existing landscape and plan to continue adding additional landscape. Scout Park $ 1,600.00 $ 849.40 $1,000.00 Current approvedprojects to be completed: pea gravel for fall zone under exercise equipment. Additional proposed improvements - purchase two picnic tables. PerrvmaB Park $ 1,000.00 $ 296.89 -$ 125.00 Additional proposed improvements: add 1 picnic grill arOund existing picnic pavilion. Youth Football Fields $24,235.00 $2,384.18 $4,644.00 Current approved projects to be completed: bring electric from main pole on south side of fields, complete approach to parking lot (dirt & gravel) and lot. Pad for portable concession stand. Stand supplied by Youth Football Association. No additional proposed improvements. Need request for additional $2,259.82 to ensure completion of project which will include $644 for 2 sets of bleachers. N. Colony Blvd. Park $ 4,300.00 $4,300.00 $4,944.00 Project approved and underway for fencing and bases, and 2 sets of bleachers o~in~ Path $ 5,000.00 $5,000.00 $5,000.00 o recommendation for re-allocation at this time~