Loading...
HomeMy WebLinkAbout09/14/1992 City Council 00 t536' MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 14, 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 14th day of September, 1992, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tern Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Bob Poynter, 5008 N. Colony Blvd., told the Council he feels it is not necessary to present a driver's license or Texas I.D. card in order to acquire a Library card. Mr. Poynter said the Library does not need to know if he has a driver's license or not. Going on, Mr. Poynter said he went to another library in Denton County, presented a voter registration card and was given a Library card. Mr. Poynter said if he is not going to be able to use the Library, then he wants his tax money back. James E. Mcllvane¥, Jr., 7125 Longo Dr., said he is upset about the proposed cuts of fire fighters. Mr. McIlvaney said Farmers Branch has 2 fully manned fire stations and more personnel than The Colony and went on to ask if the fliers that are being distributed are true. Going on, Mr. Mcllvaney said we should be hiring more firemen. Mayor Manning said that nothing has been decided on the budget at this time. Dick Weaver, 4940 Hackney Lane, said he had several questions regarding the budget: 1. Is expansion of the sanitary sewer system included in this budget and if so how is it going to be paid for? Mr. Hall said that according to new regulations, we will not have to expand for at least 5 years. 2. Is maintenance of the streets adequately covered in the budget? Mr. Hall again responded, stating that on-going maintenance of streets and alleys is covered, however, the major project suggested in the study done by ATEC 2 years ago is still in the 5 year plan, noting the cost is estimated at one million dollars and will be a capital project. 00453 ; 3. Have we budgeted to paint the water tower on N. Colony? Mr. Hall said it has been discussed, but no decision has been made as to when the project will be done. Mr. Hall stated the council has directed him to have the condition of the tower re-evaluated, noting that the project will be done without the need to borrow money. 4. Understanding that over a year ago, there was a plan to open Fire Station No. 2, are there plans now to do so? Mayor Manning said that is being looked at and hope to do so in the near future. Wade Soulter, 7000 Longo Dr., stated he is a Carrollton fireman and that he does understand this year's budget is tight, going on to say the Council has the worst job in the world to try to decide where to spend the little money that is available. Mr. Soulter went on to say that as a citizen and a firemen he also understands what it is like to have to wait for another city to respond to a call that our department should be responding to. Mr. Soulter said that other cities average 3.67 men per 10,000 population and noted The Colony has 3 men per 20,000 people. He told the council they need to find more money and hire more firemen, not lay any of them off. Lou Gomez, 5081 Shannon Dr., said he has heard that a clothing optional group may be on the beaches at Stewart Creek Park this week-end during Sail Fair and asked what ordinances the city has in place to regulate such things. Toby Pollard, 5401 Sutton Pl., said he too is concerned about the budget due to the fact that the city has drawn down on the cash reserves and have robbed our investment potential in the process. Mr. Pollard said the city needs to look further into the future than the next 12 months and needs to protect our revenue. Wanda Pazoda, 5644 Twitty St., said she has used our Fire Department and no matter what the budget problems are, we cannot afford to cut firemen. Ms. Pazoda said we need more, citing an incident on September 13, when Lewisville Fire Department had to respond because there was no one to respond from The Colony to an ambulance call. Ms. Pazoda said we would be in trouble if we don't have enough people to cover the needs of the city. Ms. Pazoda asked the council not to cut the fire men, stating the Fire Department does a good job and should be applauded. 3. MAYORAL PROCLAMATION DECLARING SEPTEMBER AS PTA MONTH Mayor Manning read the proclamation in its entirety as follows: WHEREAS, the National PTA is among the largest associations in the United States and is the only organization with the sole purpose to serve as an advocate for young people's education, health and safety; and WHEREAS, for more than 90 years PTA has served the needs of children, parents and schools through active volunteerism; and WHEREAS, the National PTA provides a network of local, state and national voices speaking together on behalf of all children; and WHEREAS, the strength of the PTA lies in its membership, the volunteers who tirelessly devote themselves to making this a better world for children and youth; NOW, THEREFORE, I, William W. Manning, Mayor, of the City of The Colony, Texas do hereby proclaim the month of September, 1992, to be PTA MEMBERSHIP ENROLLMENT MONTH in The Colony and I encourage everyone who cares about the well being of the children of The Colony to join the PTA and become an advocate for all children. SIGNED AND SEALED this 14th day of September, 1992. William W. Manning, Mayor City of The Colony, Texas ATTEST: Patti A. Hicks, CMC, City Secretary Donna Camp, representing Pre-school P.T.A. was present to accept the proclamation and thanked the Mayor and Council for the presentation and for supporting the P.T.A. Ms. Camp also thanked Mr. Bill Hall for supporting the P.TA. Membership Drive Picnic so generously. 4. PRESENTATION OF CERTIFICATE OF APPRECIATION TO CHRIS JOHNSON Mayor Manning presented Chris with a Certificate of Service for his time given to the City by volunteering on the Cable Committee and helping to get the Council Meetings televised. 5. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE FOLLOWING COUNCIL MEETINGS: AUGUST 17, 18, 19, 20, 24, 25, 31, AND SEPTEMBER 1, 1992 Motion to approve the minutes as written - Sharp; Second - Dillard. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION APPROVING THE 004535 AMENDMENT OF 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. Councilman Lynch asked who this body armor is for and if it is the same body armor that is on the capitals list for the 92-93 budget. Mr. Hall explained this purchase is for officers that have already been hired and for which there is no body armor. Mr. Hall went on to say the budgeted expenditure is in case there is turn over in the police department and there is no body armor to fit the new personnel, noting that if there are no new personnel, then the body armor will not be purchased. Motion to approve the resolution as written - Lynch; Second - Dillard. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE 1991-92 MUNICIPAL BUDGET Councilman Agnew asked what the $50,000 transfer is for and Mr. England explained this is the transfer from the land fund that was approved by Council on August 3, 1992, noting the actual transfer of funds has already taken place, but it is necessary to take formal action to amend the budget. Councilman Bogan asked why this is done at two different times, instead of being done all at once. Mr. England said it could be done either way. Motion to approve the amendments as recommended - Agnew; Second - Lynch. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF RENEWAL OF THE POLICY FOR EMPLOYEE HEALTH INSURANCE WITH TEXAS MUNICIPAL LEAGUE FOR THE 1992- 93 FISCAL YEAR. Motion to approve the renewal of the contract as recommended - Sharp; Second - Dillard. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF RENEWAL OF THE POLICY FOR EMPLOYEE DENTAL INSURANCE WITH JEFFERSON PILOT INSURANCE COMPANY FOR THE 1992-93 FISCAL YEAR. Motion to approve the renewal of the contract as recommended - Sharp; Second - Dillard. Motion carried with a unanimous roll call vote. F. CONSIDERATION OF AUTHORIZING AN INCREASE IN THE TOTAL AMOUNT OF THE CONTRACT WITH THE LAWN BUTLER FOR THE .... 004535 MOWING OF STEWART CREEK PARK Motion to approve the increase as recommended - Sharp; Second - Dillard. Motion carried with a unanimous roll call vote. G. CONSIDERATION OF A RESOLUTION INFORMING THE ENVIRONMENTAL PROTECTION AGENCY REGION 6 OF CERTAIN ACTIONS TAKEN BY THE CITY OF THE COLONY REGARDING MUNICIPAL WATER POLLUTION PREVENTION Motion to approve the resolution as written - Sharp; Second - Dillard. Motion carried with a unanimous roll call vote. H. CONSIDERATION OF A RECOMMENDATION FROM THE PARK AND RECREATION BOARD TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF A COURTESY DOCK AT STEWART CREEK PARK Motion to approve the recommendation to advertise for bids - Sharp; Second - Dillard. Motion carried with a unanimous roll call vote. 6. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 6-133 RELATING TO THE REGISTRATION OF CONTRACTORS Mayor Manning read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 6, BY AMENDING ARTICLE VIII RELATING TO REGISTRATION OF CONTRACTORS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Mr. Hall reminded the council this item had been addressed several months ago, but due to questions from the council, four councilmembers did formally request it to come back for review. Going on, Mr. Hall said there were still some questions unanswered after the ordinance came back and now this is another amendment that has been written hopefully, to clarify the original ordinance or perhaps to determine if such an ordinance is even necessary at this time. Mr. Hall said the ordinance amends section 6-133 regarding registration of contractors by including excavation and concrete flatwork as jobs that require the registration of the contractor and it amends section 6-135 by adding paragraph 6 relating to current liability insurance for contractors. Councilman Sharp said the ordinance should state which jobs require a permit and 7 that he doesn't think the city should require liability insurance. Councilman Bogan said the way the ordinance is written, all workers in the city will have to be registered. Councilman Bogan went on to say the reason this ordinance was brought up in the first place was to require State registered contractors to register with the city. Councilman Bogan said small contractors that do small repair jobs simply cannot afford liability insurance and that if we require it then the homeowner will have a false sense of security if they use contractors registered with the city. Councilman Bogan went on to say he thinks the registration should be limited to those contractors performing jobs for which a permit is required. Councilman Dillard said it is important to require insurance and he feels that perhaps the number of jobs requiring a permit should be increased. Councilman Marks asked if the original intent was to protect the citizen by requiring insurance or to increase revenue by requiring permits. Mayor Manning said he believes it was to formalize procedures already in place. Councilman Lynch said the three biggest scams going are painters, roofers, and concrete workers, none of which are required by the State to carry insurance, while plumbers, electricians and Heating and Air Conditioning contractors are required to carry insurance by the State. Councilman Lynch said he thought the intent was to set a standard so all people doing work in the city will be asked if they have insurance, and it would be a way that citizens could know who contractors are and if they carry insurance. Councilman Lynch said he thinks (paid) paint contractors should have to acquire a permit. Councilman Sharp said he does not think the city should act as an insurance agent and require liability insurance and that we should require registration and permit by this ordinance and bring it back later regarding insurance if necessary. Councilman Bogan said he appreciates the fact that there are bad contractors, but stated this ordinance will not ensure that contractors will do a good job or that they will be around "tomorrow". Mayor Manning suggested adding the words "required to pull a permit" in section 6- 133, noting that this ordinances addressed registration not permits. Councilman Sharp suggested leaving in excavation and concrete flatwork as contractors that require registration. Motion to approve the ordinance as amended, adding "required to pull a permit", leaving in excavation and concrete flatwork and striking section 6-135 (6) completely regarding insurance requirements - Sharp; second - Bogan. Councilman Lynch said the words excavation and flatwork are not necessary because no permit is required. Councilman Dillard said we are just trying to offer help to the citizens and that taking out the insurance requirement makes contractor registration a joke. Motion carried with the following roll call vote: Lynch - No, Sharp - Aye, Agnew - Aye, Bogan - Aye, Dillard - No, Marks - Aye, Manning - Aye. 7. FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 10, ARTICLE 00454i III RELATING TO FOOD AND FOOD ESTABLISHMENTS, BY AMENDING SECTION 10-54 RELATING TO PERMIT FEES~ ,r. Bill Hall said this ordinance is a result of a recent situation where a restaurant changed hands, causing the new owners to pay the permit fee of $300.00 and then January 1, 1993, they will have to pay another $300.00 annual fee. Mr. Hall said an amendment to the ordinance has been prepared which will make permits valid for 12 months from date of issuance and renewal on an annual basis. Councilman Lynch suggested pro-rating the fees if a business comes in during the middle of the year would be simpler because all renewals would be due the same month of the year. Bill Hall said that has been considered but it was felt that would be cumbersome. Councilman Lynch noted that the pro-rata would only happen the first year the business is open. Councilman Marks said he agrees with Councilman Lynch but stated he feels we don't need to amend the system because of one problem. Councilman Lynch agreed stating if the system works, then don't change it. Mayor Manning said he agrees with Councilman Lynch, stating it would be simple to set up a pro-rata table and asked for council opinion. Councilmen Sharp and Agnew agreed with the pro-rata. Councilman Bogan said he has no preference, whatever staff presented is fine. Councilmen Dillard and Marks said the staff recommendation is fine with them. Mayor Manning said the majority think pro-rata is the best approach and directed staff to prepare an amended ordinance for the September 21, 1992 meeting. 8. FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 10, ARTICLE V, BY AMENDING SECTIONS 10-83, 84, 85 AND 86 RELATING TO WEEDS, TRASH AND RUBBISH Mayor Manning read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 10, ARTICLE V RELATING TO WEEDS, TRASH AND RUBBISH; BY AMENDING SECTION 10-83 RELATING TO GROWTH HEIGHT LIMITATIONS IN SPECIFIED AREAS; AMENDING SECTION 10-84 RELATING TO COMPLIANCE WITH REGULATIONS; AMENDING SECTION 10-85 RELATING TO CAUSING WORK TO BE DONE; AND SECTION 10-86 RELATING TO PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY RELATING TO WEEDS, TRASH AND RUBBISH, EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY 004542 DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Mayor Manning said in light of the recent events which brought this ordinance to council, he would like to see the ordinance passed on first reading. Bill Hall stated that recently three cities with ordinances similar to The Colony had been told their complaints and ordinances were unconstitutional, stating that a person cannot be cited for "not" doing something. Mr. Hall went on to say the proper citation is for "permitting" something to happen. For example: Permitting weeds to grow 12" high. Mr. Hall did say that all the complaints currently in court are correct, but the ordinance does need to be amended. Motion to approve as written - Lynch; second - Bogan. Motion carried with a unanimous roll call vote. 9. FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 14, RELATING TO PARK AND RECREATION, AMENDING SECTION 14-6 RELATING TO UNLAWFUL ACTS; AMENDING CHAPTER 13 RELATING TO MISCELLANEOUS OFFENSES, BY AMENDING SECTION 13-8 RELATING TO AERONAUTIC DEVICES Mr. Hall said over the past year there has been concern over the ordinance regarding the flying of radio controlled aircraft. Mr. Hall said the present ordinance prohibits flying with 300 feet of a residence. Going on, Mr. Hall said because of this ordinance the city and The Colony Flyers have been working to find a designated location for such flying, and have recently reached agreement with the Corps of Engineers to allow the planes to be flown at Wynnewood Peninsula. Mr. Hall noted that the site is also the location of the proposed golf course and when construction of the course begins then the flyers will have to move. Mr. Hall said with this location it was suggested the ordinance be amended. Staff has prepared two ordinances for council review, giving three options for consideration. Option 1. Extend the distance from 300 feet to 1000 feet Option 2. Prohibit all flying in the city except in designated areas. Mayor Manning said to attempt to limit flying by distance would be absurd, stating the planes do not stay in one spot and it appears to him if we are going to regulate this activity, then the ordinance either needs to allow flying or not allow flying. Councilman Marks said this has been going on for 3 years and that he is glad the Flyers have found a spot to fly, because it has become apparent there is not a location within the City to fly the planes. Going on, Councilman Marks agreed that it is impossible to limit by distance and said if they are able to fly at Wynnewood Peninsula, then we don't need to amend the ordinance. Councilman Marks said they have a place to fly and the ordinance should be left alone. Councilman Bogan said he understands that now they fly on Corps property at the end of Indianola, which is not within the City limits. Councilman Lynch said he believes ..- 10 004 46 that property is in the City limits. Bill Hall said he is not really sure, but it depends on the level of the water in the lake. Councilman Lynch said if they got a place to fly that they would back an ordinance to limit random flying within the city. Bill Hall said that the Corps has approved the location, noting there are 3 wired utility poles on the site, and it will be necessary to remove the wire and at least one of the poles. (No cost to the City) Councilman Marks said we need to leave the ordinance as it is and asked if there has been a problem and why the ordinance came to council. Mr. Hall said that staff has no problem and that is why we prepared 3 options, noting that when the golf course construction begins, then we will have to address this again. Mr. Hall said the ordinance was brought to council at the request of a councilman. Motion to deny the ordinance - Marks; second - Sharp. Councilman Lynch said the Flyers liked the location at Wynnewood because they wanted a place to fly and said if the ordinance is left as is then people can fly anywhere in the city as long as it is 300 feet from a residence. Councilman Lynch went on to say that includes the area around City Hall. Mr. Hall said he would like to clarify that so that people don't misunderstand what they have heard at a Council meeting, stating that it is not necessarily true. Mr. Hall went on to say there are very definitive boundaries all around City Hall, designating what is LISD property and what is a designated park, so flying would not be allowed around City Hall just because it is not within 300 feet of a residence City Hall. Councilman Agnew called the questions. All agreed to take the vote. Motion to deny the ordinance carried with the following roll call vote: Lynch - No, Sharp - Aye, Agnew - Aye, Bogan - Aye, Dillard - No, Marks - Aye, Manning - Aye. 10. CITY MANAGER'S REPORT 1. Recycling Bins at S. Colony and Blair Oaks have been removed. At first this was beneficial, but now has become a dumping ground for all kinds of trash, which has prompted many complaints. Mr. Hall said Public Works has cleaned up the area twice, but we can't control it so the bins have been removed until we can establish better control and criteria for use of them. Councilmen Lynch and Bogan asked Mr. Hall for a full report of the mutual aid call yesterday from the Fire Department to Lewisville. With no further business to address, Mayor Manning adjourned the meeting at 9:31 p.m. 11 00454,2 APPROVED: Wfl~""liam W. Manning, M~yo~- ~ ATTEST: Patti A. Hicks, CMC/AAE, City Secretary 12