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HomeMy WebLinkAbout05/07/1979 City Council 000369 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MAY 7, 1979 A Regular Meeting of the City Council was called to order with the following members present: Sandra Shearer Mayor Pro-Tem Bill Longo Councilman Linda A. Adams Councilman Chris Fabian Councilman and with Councilman Shipman absent due to business; however, a quorum was established. 1. APPROVAL OF MINUTES Councilman Adams moved that the minutes of the Work Session held April 23, 1979 and the. Special Session held April 25, 1979 be approved as read. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Abstention: Councilman Longo on the April 25 Minutes only 2. RECEIVE CITIZEN REQUESTS REGARDING FENCE VARIANCES Mr. Lark, who resides at 4751 Hamilton Court, came before the Council to request a variance to erect a split rail fence around his front yard. Also, a Mr. Zupsich, came before the Council to request the same variance. Mr. Bradburry, Director of Community Development, explained to the Council that Mr. Zupsick, who re- sides at 5000 Wagner, had started his fence and it had been red tagged. Mr. Zupsick has also set the fence posts in the side- walk right of way, and they will have to be moved. In a lengthy discussion, the Council discussed the proper procedure for grant- ing a variance in accordance with City Ordinance # 38, establish- ing fence requirements. It was determined that a variance can only be granted by the Board of Adjustment after a called Public Hearing. It was determined that this ordinance should be re- viewed regarding front yard fencing. Councilman Adams, asked that the attorney give the Council a legal opinion regarding the City's liability. Councilman Longo moved to table this agenda item for further study. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 3. CONSIDER A CITIZEN REQUEST REGARDING A HOME OCCUPATION Janice Carroll, City Secretary stated that Mrs. Purdy was not able to attend the meeting. Mrs. Purdy no longer needed a con- sent letter from the City and she has been advised by the staff to contact the P & Z Commission regarding a zoning change on the Davis Property, said Mrs. Carroll. 4. CONSIDER A REQUEST FROM TEXAS POWER & LIGHT REGARDING CON, STRUCTION COMPOUND Mr. Boyd Williams and Mr. Ken Max~zell, representing Texaa~ Power and Light, presented to the Council for their consideration~ a request to build a storage area on the T P & L easement for construction material. Mr. Williams stated this will be a tem~ porary structure. This area will be enclosed by a chain link fence and will have overhead security lighting. T P & L re~ quested that this be located on the easement at North Colony and Pruitt. After discussion, the Council felt that a better loca-- tion would be west of Kisor on the T P & L easement near the 000370 existing batching plant. Councilman Shearer was concerned that the lighting might be a problem. Mr. Williams assured the Council that the lights could be shaded if this is a pro- blem. Councilman Adams, then moved to authorize Tom Hart, City Manager, to send a letter of approval if this site is acceptable to T P & L. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None At this time, Councilman Longo moved to return to agenda item #3 as a second citizen had requested to speak to the Council concerning a home occupation. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pro-Tem Shearer recognized Rosemary Hall. Mrs. Hall stated that she and other citizens were concerned about the use of a house at 5005 Hetherington as meeting place for a church group. She stated that this situation created parking and traffic problems on the street and that the church group seems to be enclosing the patio area for additional space. Mr. Bradburry told the Council that a structure used for public assembly must comply with City Codes, particularly the Fire Code. After discussion, Councilman Longo moved that the Council talk with the pastor of the church meeting at 5005 Hetherington at the next Work Session and letters regarding this meeting should be sent to the residents on Hetherington to advise them of this meeting. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 5. CONSIDER RESOLUTION APPOINTING ELECTION JUDGE Mayor Pro Tem Shearer presented a resolution appointing Dianne Kovar as Election Judge for the Municipal Runoff Election to be held May 19, 1979~as the present Judge Rose Ashman is unable to serve. Councilman Adams resolved that Dianne Kovar be appointed as Election Judge. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 6. CONSIDERATION OF SECOND READING OF ORDINANCE ADOPTING M~CH~NI- CAL, ELECTRICAL AND PLUMBING CODES Mayor Pro Tem Shearer read the following caption aloud: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ADOPTING THE UNIFORM PLUMBING CODE, 1976 EDITION, OF THE INTERNA- TIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; ADOPTING THE NATIONAL ELECTRICAL CODE, 1978 EDITION, OF THE NATIONAL FIRE PROTECTION ASSOCIATION; ADOPTING THE UNIFORM MECHANICAL CODE, 1976 EDITION, OF THE INTERNATION- AL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; PRO- VIDING FOR PERMIT FEES; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS(S200.00) FOR EACH OFFENSE; AND PROVIDING AN EF- FECTIVE DATE. Councilman Longo moved to approve the second reading of the ordinance adopting mechanical, electrical and plumbing codes for the City. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 000371, 7. CONSIDERATION OF AMENDMENT TO AMBULANCE FEE STRUCTURE Mr. Hart, City Manager, recorc~aended that this agenda item be tabled for further study by the staff. Councilman Longo so moved. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 8. CONSIDERATION OF FIRST READING OF FIRE LA_NE ORDINANCE After a brief discussion, Councilman Longo moved to table the proposed Fire Lane ordinance for further study at a Council Work Session. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 9. CONSIDERATION OF FIRST READING OF AUCTION ORDINANCE Mr. Hart presented the proposed Auction ordinance to the Council for their consideration, Councilman Longo stated that in Section 1, the City Manager is designated as the controller of this property, and he feels the ordinance should designate the Chief of Police as custodian. Section 7 should be changed to restruct elected officials and appointments of the City also from acquiring this property, Councilman Longo recommended. Councilman Longo was also concerned that the ordinance did not contain a severability clause. Councilman Fabian emphasized that a list of this pro- perty should be published and posted in several places to give citizens the opportunity to claim their property prior to the auction procedure. Councilman Fabian recor~ended this be in- corporated into the ordinance. After discussion, the Council agreed that this procedure could be passed as a minute order rather than incorporated into the ordinance, At this time, Councilman Longo moved to table the ordinance for further study at a Work Session. Seconded by Councilman Adams, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF FIRST READING OF ORDINANCE PROVIDING FOR THE CONTROL OF ABANDONED OR JUNKED VEHICLES Mr. Hart and Chief Steinsiek presented to the Council an ordinance providing for the impoundment of abandoned and junked motor ve- hicles and providing for their disposition. Councilman Longo was concerned that the ordinance did not contain a severability clause He asked for a clarification of the use of a Special Fund account referred to in Section #5. Councilman Longo asked if the City had a contract with a wrecker service as required in Section 9(g). After discussing this ordinance briefly, Councilman Longo moved to table this ordinance for further study at a Work Session. Seconded by Councilman Fabian, the motion was passed by the fol- %owing roll call vote: Ayes: All members present voted aye Noes: None 11. CONSIDERATION OF COMMISSIONING THE PLANNING & ZONING COMMISSION TO PREPARE A FIVE YEAR CAPITAL IMPROVEMENT PROGRAM FOR THE CITY Mr. Hart briefed the Council regarding a Capital Improvement Program for the City. Mr. Hart emphasized that this is a plan only and will be effective for five years. It is Mr. Hart's recorm~iendation that the P & Z Corc~aission work on this program with guidance and input from the Council, the staff and community leaders, Councilman Fabian, stated that he agreed but felt that the Council should wait until appointments are made at the May 21 Regular Meeting. Virginia McCollum, a member of the audience stated that the Commission would - 3 - 000372 be setting the goals of the City and she felt the Council should specify the guidelines. Councilman Adams agreed and said that a letter of intent shOuld be given to the Planning and Zoning Commission providing the Commission ~members specific guidelines to follow'. The Council agreed that the City must work closely with the Municipal Utility District and other Community leaders, The M,U.D, Director, a member of the School Board and the Fire Chief are Ex-Officio Members of the Commission, Councilman Fabian noted. Councilman Fabian moved that this agenda item be tabled -- to enable the Council to formulate guidelines' to be presented to the commission in a letter of intent. Seconded by Councilman Longo, the motion was carried by the following roll call vote: AyeS: Ail members present voted aye Noes~ None 14. OTHER MATTERS THAT MAY COME BEFORE THE CITY COUNCIL Councilman Longo moved that the Council consider agenda item #14 before going into Executive Session, Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes': None Wes Gray, a member of the audience, was concerned that Councilman Longo was not given proper notice of the Emergency' Called Session held on April' 25, 1979~ He also questioned the need for the emer~ gency meeting when no action was taken. Mayor Pro~Tem Shearer assured Mr, Gray that the meeting was called because the outcome could affeCt the public welfare. Councilman Longo urged that Traffic Counts for the City's Traffic Survey be given high prior- ity in the next weeks, Mayor Pro~Tem Shearer read the letter she __ received from the State Comptroller's Office informing the City that the ordinance providing for the retention of the 1% utility s-ales tax had been received by the~.Comptroller's office, Chief John Steinsiek then presented aerial slides of The Colony taken by Officer Richard Brooks', 12. EXECUTIVE SESSION DEALING WITH PERSONNEL - BOARD APPOINTMENTS Mayor Pro Tem Shearer stated that in accordance with Article 6252-17, Section 2 of Vernon~s Revised Civil Statutes, The Council would now meet in a closed session dealing with Personnel. 13. CONSIDERATION OF BOARD APPOINTMENTS Upon reconvening in Open Session, Councilman Fabian moved that agenda item thirteen be tabled for further consideration at the next Work. Session. Seconded by Councilman Adams, the motion was passed by the following roll call vote~ Ayes~ Ail-members present voted aye Noes: None There being no further action to be taken by the Council, Council- man Adams.moved that the meeting be adjourned. Seconded by Council-_. man Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye No e s ~ None Mayor Pro Tern Shearer adjourned the meeting at 12~:30 A.M. MAYOR PRO TEM JAi~I~E CARROLL C'I'~_~ SECRETARY