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HomeMy WebLinkAbout03/01/2004 City Council 007955 March l, 2004 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 1, 2004 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 1s'r day of March 2004, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Councilmember Present Scott Ward Councilmember Present Joe McCourry Councilmember Absent Lynda Bayliss Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with six present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Rob Bauman of the Colony Chamber of Commerce introduced Matt Canavan, Vice President from the Texas Tornados hockey team, who presented the Mayor with an autographed ceremonial hockey stick and reminded everyone of City of The Colony Night on March 12, 2004. Gary Zimmerman asked the council to consider passing an ordinance banning smoking in restaurants. Roy Winegar requested the council enforce a reasonable notification method for code enforcement issues. City Manager Dale Cheatham told Mr. Winegar and council that code enforcers will soon begin using a door hanger to inform residents of violations. Oma King advised council of cars that were parked on the Five Star grass area during a soccer tournament last weekend and asked for police to be informed of the city ordinances surrounding parking on the grass. Proclamation- Severe Weather Awareness Week- Fire Capt. Jay Petty received the proclamation on behalf of Chief Morrison. Announcement of upcoming civic events and activities 1 Ken Leverich announced the Street Sweeper is operational and on display in front of city hall this evening. Mayor Dillard reminded citizens of early voting for the primary elections is underway and that Election Day is March 9, 2004. He also advised citizens of a public meeting being conducted by COG on March 8, 2004 at 6:30 p.m. at the Lewisville City Hall to address transportation issues and encouraged attendance. ~ These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 March l, 2004 ~ CONSENT AGENDA 2.1 Consider approval of the minutes of the council meetings held February 2, 2004 (Wilson) Motion to approve as written-Marks; second by Schrag- motion carried with all ayes. 2.2 Consider approval of an ordinance amending Chapter 5 of the Code of Ordinances by adding Section 5-14 limiting the number of household pets (Clark) Item pulled for discussion by Councilmember Marks. Chief Joe Clark explained some of the issues surrounding this new ordinance, saying the city had a similar section in the Code of Ordinances a few years back but it was deleted and now the SPCA is requesting some way to regulate the number of pets allowed. A survey has been done of some other cities and the suggested ordinance would allow four adult dogs and 4 adult cats. Exemptions for rescue groups are included. He also advised there is no grandfather clause included because there would be no way to verify how many pets someone has. Chief Clark added that the city or SPCA will not be going door to door to inspect people's homes. Councilmember Allen Harris suggested the council consider a compromise of six adult cats and/or dogs rather than four and four. Ann Barnes of the local SPCA facility addressed council saying there needs to be some tool to help them when it comes to health issues and neighbor complaints. Councilmember Perry Schrag made a motion to approve the ordinance as is. The motion failed for lack of a second. Citizen Nancy Dillard addressed the council stating her concern for pet owners who might have to decide which pet(s) to get rid of. Citizen Oma King indicated to cotmcil that she has five cats and that fact does not inherently mean there is a problem with them not being cared for. Citizen Kim Swilling told council that numbers shouldn't be the issue. Citizen Paul Newman spoke and said that he thought the combination of six is okay. Motion to approve ordinance with six adult cats and/or dogs- Bayliss; second by Ward- motion carried with the following vote: Bayliss, Harris, FFard and Marks-aye Dillard, Schrag- no 2.3 Consider acceptance of Liz Ripperger's resignation from the Cultural Arts Board and filling that position with alternate Michael Smith (Council) Motion to approve- Marks; second by Schrag- motion carried with all ayes. 2.4 Consider Resolution supporting the City's application to bring a Vietnam Veterans Memorial/Moving Wall to The Colony and authorize funding not to exceed $5,000 (Harris) Motion to approve- -Marks; second by Schrag- motion carried with all ayes. 007957 March 1, 2004 2.5 Consider approval of request for TxDOT to change speed limit from 45 mph to 40 mph on Main Street (Scruggs) Staff asked for this item to be pulled therefore it was not addressed. 2.6 Consider approval for the city manager to sign a supplemental easement and right-of-way agreement with ONCOR for rebuilding electric transmission line (Scrnggs) Motion to approve- Marks; second by Schrag- motion carried with all ayes. 2.7 Consider approval of an engineering services contract for the design of a wastewater lift station, force main and gravity line from Stewart Creek plant to the NTMWD's Frisco plant (Scruggs) Motion to approve- Marks; second by Schrag- motion carried with all ayes. 2.8 Consider award of bid and approval of ordinance authorizing the city manager to sign a contract with F&F Construction for sidewalk repairs (Sparkman/Leverich) Item pulled for discussion by Councilmember Marks. Ken Leverich explained the sidewalk repair issues and the bids received for this project. He confirmed the city has experience with this company and believes their work is above average. Motion to approve- Harris; second by Marks- motion carried with all ayes. 2.9 Consider approval of a Waste Management contract amendment specifying the cost to residents for additional recycle carts (Leverich/Gillman) Item pulled for discussion by Councilmember Harris. Mr. Harris asked Terry Gillman, recycling coordinator, why there is an additional charge. Terry explained the city's contract with Waste Management does not include residents having the option of more than one recycling cart, and that this cost is for the price of the cart itself. Motion to approve- Marks; second by Bayliss- motion carried with the following vote: Dillard, Bayliss, Schrag, Marks- aye Harris, tVard- no 2.10 Consider approval of resolution authorizing city tax attorney to accept bid for property that may be lower than the taxes owed (J. Carroll) Motion to approve- Marks; second by Schrag- motion carried with all ayes. March 1,2004 2.11 Consider approval of athletic field usage and rental policy (Nelson) Item pulled for discussion by Councilmember Harris. Citizens Bo Trosper, Michael Martin, and Wes Bledsoc representing various athletic organizations addressed council asking for this item to be tabled until they can have an opportunity to discuss it more with Parks & Recreation officials regarding the fees. David Swain, Parks & Recreation, gave the history on the proposal and fee structure. Other cities were surveyed. After considerable discussion it was decided to table this item until athletic organization representatives can meet with David Swain and Councilmember Harris to come to some agreement on the fees. Motion to table this item- Harris; second by Bayliss- motion carried with all ayes. 2.12 Consider approval of council expenditures for January 2004 (Council) Motion to approve- Marks; second by $chrag- motion carried with all ayes. ~ULAR AGENDA ITEMS I 3.1 Public hearing regarding curfew hours for minors and approval of ordinance readopting Chapter 13, Article III with no changes (Clark) Public hearing opened at 8:20. Richard Kuether asked Chief Clark how the city's existing curfew ordinance has -- been working. Chief Clark advised the curfew ordinance has been in place since 1984, with the exception ora short period of time, and that it works well. City Attorney Bob Hager asked that the chief's memo be included in the public hearing comments (See attachment A.) He also encouraged council to approve this item since it deals with the safety of our youth. Public hearing closed at 8:25. Motion to approve re-adoption of curfew ordinance- Harris; second-Ward- motion carried with all ayes. 3.2 Discuss and consider approval of proposal from GroupBaronet for creation of marketing plan and various marketing collateral projects (Nelson) GroupBaronet representative Veronica Roth passed out packets to the council containing the various proposals for marketing the city. During a lengthy presentation she added the pricing is good for 30 days. Pam Nelson advised council the previously approved banners had not been purchased yet. Discussion followed regarding the proposed photo shoot, and ownership rights of the created designs and photos taken. Mayor Dillard advised council that the fimds for the marketing project would come from the hotel occupancy tax collected by the city. Council voted on their preferences of the proposals. -- Citizen Joyce Fulco addressed the council and stated she did not want the city logo changed. Citizen Don Brody suggested council table this item since they seem to have several questions and need time to consider it all. Mayor Dillard said they could have a work session with a tentative date of March 1 l, 2004. 4 00795 ) March 1, 2004 Motion to table this item and plan a work session on March 11, 2004- Marks; second by ~Vard- motion carried with all ayes. 3.3 Discuss and consider adopting resolution approving proposed Volunteer Policies providing guidelines for taping and broadcasting meetings and special city and community events (Koo) Mayor Dillard advised this item was being pulled and not discussed at this time. 3.4 Discuss irrigation well and transmission lines for Austin Ranch (Seruggs) Lucillo Pena with the Billingsley Company gave an overview of their proposal, stating they want to continue maintaining the right-of-ways in Austin Ranch. He discussed the well site and asked for a reduced water rate for other areas in order to continue maintaining the city's medians. City Engineer Gordon Scruggs presented council with a list of recommendations, should they approve the water well (see attachment B.) Assistant City Manager Tony Johnston presented council with an alternative plan which would allow the developer a water "credit" for the areas that are the city's responsibility to water rather than a reduced rate, along with the proposed well needed for the other areas of Austin Ranch. He clarified that the city would experience a loss of approximately $180,000 (water would not be purchased from the city for irrigation). Mr. Pena said the well water would only be used for irrigation and will be beneficial to the city by helping bring future development to the area, broadening the tax base. Councilmember Perry Schrag added that, realizing this measure is setting a precedent, he would be in favor of a reduced water rate being offered to other areas as well (such as Wynnwood) in exchange for the city's property (medians and/or fight-of ways) in those areas being watered and mowed (by those subdivisions). After considerable discussion on this issue, including a tentative negotiation for a fire station location in Austin Ranch, staff was directed to proceed with a proposal for a water credit and allowing a water well. Proposal should be brought back to council at the first meeting in April. 3.5 Discuss and consider approval of change order for South Colony reconstruction schedule as requested by local business owners (Scruggs) Gordon Scruggs explained this project and the effects of the proposed change order. Cotmcilmember Bayliss questioned whether or not this change order would work better for the businesses and traffic congestion to which Mr. Scruggs replied yes. Councilmember Schrag voiced his concern over the added costs and time extension of this change order compared to any benefit it might have to the businesses in the area. After considerable discussion among council members, Mr. Scruggs added that he estimates a June (2005) completion of this project. Motion to approve- Harris; second by tVard- motion carried with all ayes. March 1, 2004 4.01 EXECUTIVE SESSION 4.1 A. City Council shall convene into a closed executive session pursuant to Section 551.071 to consult with the city attorney regarding contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. Executive Session was not convened. ADJOURNMENT And with no further business to discuss the meeting was adjourned at 10:20 p.m. APPROVED:  nn Dillard, Mayor, City of The Colony /~/TEST~: , "CTii~stie Wilson, TRMC, Interim City Sec y 6 CITY BY THE LAKE MEMORANDUM To: City Council From: ChiefJ. T. Clark Re: Readopting Article III - Curfew Ordinance Date: February 24, 2004 The Local Government Code and See. 13-37 of our City Ordinances require that Council review every third year our ordinance pertaining to our curfew. Couucil shall: 1. Review the effect on the community and on the problems this article was intended to remedy; 2. Conduct public hearings on the need to continue this article relating to curfew hours for minors; and 3. Abolish, continue or modify the sections related to this ordinance. I am requesting that the Council open a public hearing for any citizen to voice opinions or concerns they may have regarding this ordinance and based on those opinions stated and Councils own determination, determine the appropriate action to be taken as stated in #3. Staff recommends that the current ordinance remain unchanged and be adopted for another three~year period. Council choosing to adopt this ordinance in now way limits Council's ability to modify or abolish this ordinance at any time during the three year period. Factors to Consider Minors within our city constitute the majority of our population, and I continue to believe that we do not need unsupervised minors out hte at night, especially in light of all the valid defenses proposed in the ordinance. We have had a curfew ordinance in place since 1984, and because of it, we have been able to eliminate other ordinances in the last several years that existed to address problems related to juvenile activity, such as the one relating to amusements that was eliminated in March 1999. Since the passage of our original curfew ordinance, other cities have seen the need to pass a curfew ordinance, such as the City of Plano in 1994 and Lewisvillein 1997. It would be difficult to speculate what the nature of crime would he in 5151 North Colony Blvd The Colony Tx 75056-1219 972-625-1887 007962 The Colony in the absence ofthe ordinance, since it has been in effect so long, and the city has -- changed so dramatically since that time. In a 1998 Citizen Survey conducted by the police department, residents and business owners alike indicated that juvenile related crime was their number one priority or concern, followed by gang activity and criminal mischief; which are traditionally juvenile related crimes. Late night activities ofjuveniles remain an issue in our city, and until the demographics of our city change significantly, will probably remain so. The following are detention data related to curfew violations during the past three years: 2001 - 23; 2002 -44; 2203 - 50. (Note: 2001 was in incomplete year of enforcement due to legal changes and our inability to enforce om ordinance during part of that year.) Without the tool that has been provided to our officers in the past to control late night juvenile activity, I suspect the problems would be even greater. This ordinance also requires parents take parental responsibility for their children, and if they knowingly allow them to rom l~cely at night in our city, they too will be cited. Juveniles roaming our streets and alleys at night could encounter a variety of situations that may jeopardize their safety, particularly as the larger metrop!ex merges with our city limits. This ordinance gives us the legal tool we need to remove them from that situation to ensure their safety. In general for a curfew to be justified it should help parents control their children, protect juveniles bom criminal activity and influence, as well as, protect the public from the criminal activities of the juveniles. I feel the ordinance is warranted for these reasons, and that it is specific enough that it targets the type ofjuvenile activity that is a public concern and interest. -- I recommend that the council adopt the attached ordinance. The ordinance is primarily based on the Dallas and Fort Worth Curfew Ordinances. The Dallas ordinallce has withstood Federal Distri~ Appeals Court scrutiny, and thus serves as a good model Our ordinance is essentially the same as the City of Dallas with one exception. The Dallas ordinance, as does other cities around us, also makes it an offense for a business owner or employee to knowingly allow a minor to remain upon a premise during curfew hours. I feel the respons~llity for this type of offense belongs with the minor and the minor's parent, and a third party should not be able to be charged with an offense of this nature. If the council disagrees, the following can be added to Sec. 13-36 per the Dallag Ordinance. "The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishmem during curfew hours." Respectfully, 5151 North Colony Bird The Colony Tx 75056-1219 972-625-1887 Austin Ranch Irrigation Raw Water Transmission System Code Change Design Standards · Plans prepared by an Engineer · Design based on ground survey · Pipe needs to be identifiable and easy to locate · Pipes bored under streets with steel encasement · Surge analysis to minimize the likelihood of line breaks · Easements for ROW-easement crossings and only one line per easement · Limit connects to transmission lines and include valve boxes 0O7964 Code/Developer's Agreement · No sale of water · Liability and indemnification · Agreement is non-transferable · Only for one well and AR Phases 1-4 · Any changes or modifications to system must go back through Council · Any changes require that Engineering Design Standards be adopted by Council prior to Engineering Dept. review of plans _ · Expansion of system east of the railroad will require review, analysis and, if warranted, revision of City's water master plan