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HomeMy WebLinkAbout05/21/1979 City Council 000276 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON MAY 21, 1979 A Regular Session of the City Council was held with the following members present: Sandra Shearer Mayor Pro Tem William J. Longo Councilman Linda A. Adams Councilman Gary Shipman Councilman Chris Fabian Councilman and with no members absent; thus, a quorum was established. 1. EXECUTIVE SESSION - PERSONNEL/APPOINTMENTS Mayor Pro Tem Shearer announced that the Council would meet in Executive Session dealing with Personnel matters as authorized by Article 6252-17, Section 2 of Vernon's Revised Civil Statutes. 2. APPROVAL OF MINUTES Mayor Pro Tem Shearer requested that Section 2 in the minutes of the Work Session held on May lq, 1979 be amended to include Article 6252-17, Section 2 of Vernon's Revised Civil Statutes as the authori- zation to enter into Executive Session. Councilman Shipman moved to accept the minutes as corrected. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye. Noes: None 3. CANVASS OF ELECTION RETURNS AND DECLARATION OF RESULTS Mayor Pro Tem Shearer read the following canvass: RUN-OFF ELECTION ELECTION FOR MUNICIPAL OFFICERS THE COLONY, TEXAS MAY 19, 1979 CANVASS OF RETURNS AND DECLARATION OF RESULTS OF ELECTION BE IT REMEMBERED THAT on this the 21 day of May, 1979, at a meeting of the City Council of the City of The Colony, Texas, a quorum being present, the meeting was called to order and ~he following business transacted. Upon motion of Councilmember Gary Shipman and seconded by Councilmember Bill Longo, it was unanimously ordered that the City Council consider the official returns of a run-off election held in the City on the above mentioned date, for the election of City Officers. WHEREUPON said official returns were opened, examined, canvassed and the results declared as follows: CANVASS OF RETURNS AND DECLARATION OF RESULTS WHEREAS, heretofore, the City Council of the City of The Colony, Texas, called a run-off election to be held in the City on May 19, 1979, for the purpose of electing a Mayor, and one Councilmember for Place No. 2, each to serve for two-year terms; and 000377 WHEREAS, immediately after said run-off election the Presiding Judge and other officials holding said election made their returns of the results thereof to the City Council as follows, and said returns being made according to law, and duly authenticated, and it being shown that written notice of said election was posted for the time and in the manner provided by law and all other proceedings pertaining to said election having been shown to have been done and performed at and within the time and in the manner provided by law, and all papers pertaining thereto having been returned and filed with the City Couneil and no protest or objeetion being made to or regarding any matter pertaining to said election; NOW, THEREFORE, be it resolved by the City Council of the City of The Colony, Texas, after examining said returns and opening and canvassing the votes of said run-off election, that the results of said election are as follows: That the number of votes were east for the following named candidates for the office of Mayor, to wit: NAME NUMBER OF VOTES Richard Turner 201 Virginia MeCollum 200 That the following number of votes were east for the following named eandidates for the office of City Couneilmember, to with: Councilmember, Place 2 (for a two-year term); NAME NUMBER OF VOTES Linda A. Adams 202 Bill Gagan 200 It appearing that Richard Turner received the highest number of votes for the office of Mayor, and he is hereby declared to be elected to the office to serve after qualifying for a two-year term eommencing April, 1979; and It appearing that Linda A. Adams received the highest number of votes east for the office of Couneilmember, Place 2, and she is here- by declared to be elected to the office to serve after qualifying for a two-year term commencing April, 1979; IT IS, FURTHER ORDERED that this canvass and declaration of results of said election be entered in the Minutes of the City Council and that said officers, after they have qualified and taken their oaths, shall serve during the term commencing May, 1979, and thereafter until their successors are duly elected and qualified. That this Resolution, declaring the results of the run-off election called for May 19, 1979, shall become effective immediately after its passage. DULY PASSED by the City Couneil of the City of The Colony, Texas, this the 21 day of May, 1979. /s/ Sand~a Shearer MAYOR ATTEST: /s/ Janice Carroll CITY SECRETARY APPROVED AS TO FORM: Lawrence W. Jackson ATTORNEY -2- 000378 At this time, Mayor Pro Tem Shearer presented letters from Virginia McCollum and Bill Gagan requesting that a recount be held. After a brief discussion, Councilman Longo moved that a recount of the votes cast at the runoff election be held on Thursday, May 24, 1979, at one o'clock in the afternoon and that the counting eommittee consist of Glenda Davis as Chairman, and Wanda Gall and Connie Belote as members. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye. Noes: None The Council agreed to canvass this recount on Friday, May 25, 1979 at seven P.M. at a Special Session. 4. CONSIDERATION OF BOARD APPOINTMENTS a. Park and Recreation Board b. Planning and Zoning Commission Couneilman Fabian moved that the following citizens be appointed to the Parks and Recreation Board: Place #1 - Charles Farwell; Place #2 - Joe Forish; Place #3 - Dianne Kovar; Place #4 - Linda Salamone; and Place #5 - Eddie Toms for staggered terms as provided by ordi- nance. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye. Noes: None At this time, Councilman Adams moved that the following members be appointed to the Planning and Zoning Commission: Place ~1, Judy Oaks, and Place #2, Jim Quevreaux. Seconded by Councilman Shipman, and after a brief discussion,the motion was passed by the following roll call vote: Ayes: Ail members present voted aye. Noes: None S. RECEIVE A REPORT FROM CHURCH ORGANIZATION Mayor Pro Tom Shearer recognized Reverend Allen Borden who reported to the Council that the Church of Christ members had reversed the front doors at 5005 Heatherington to comply with the City's Fire Code. He and the church members have contacted surrounding residents informing them that they will correct parking and noise problems and gave them a moveout date of November 10, 1979. After a lengthy discussion, Robert Dillard, attorney for the City, advised the Council that the law must apply equally to all, and that this viola- tion of city code ordinanees should be handled by the building official and the Municipal Court. At this time, Mayor Pro Tom Shearer moved that Tom Hart, City Manager, instruct Mr. Bradburry, Building Official, to investigate this matter. Seconded by Council- man Longo, the motion was passed by the following roll eall vote: Ayes: Ail members present voted aye. Noes: None 6. PUBLIC HEARING ON PROPOSED COMPREHENSIVE ZONING ORDINANCE Councilman Fabian moved to open the Public Hearing on the Comprehen- sive Zoning Ordinance. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye. Noes: None Eddie Toms, a member of the audience, was peoognized and stated that he was concerned that the Council had not studied the ordinance adequately. The Council assured Mr. Toms that this ordinance had been studied over the past two years, and they did feel comfortable with the ordinance. 000379 There being no further comments for or against the Zoning Ordi- nance, Councilman Shipman moved to close the hearing. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members .present voted aye. Noes: None 7. CONSIDERATION OF FIRST READING OF COMPREHENSIVE ZONING ORDINANCE. Tom Hart, City Manager, read the following Comprehensive Zoning Ordinance in its entirety: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ADOPTING A NEW COMPREHENSIVE ZONING ORDINANCE FOR THE CITY; CREATING ZONING DISTRICTS; ADOPTING A ZONING DISTRICT MAP; PROVIDING FOR THE REGULATION OF THE USE OF LAND AND BUILDINGS; PROVIDING A PRO- CEDURE FOR AMENDMENTS; PROVIDING DEFINITIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 18; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Longo moved to approve the first reading of the Compre- hensive Zoning Ordinance. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye. Noes: None 8. CONSIDERATION OF FIRST READING OF SUBDIVISION ORDINANCE. Mr. Hart reviewed some minor changes advised by the attorney and recommended that this ordinance be passed. Mayor Pro Tem Shearer read the following captioned ordinance in its entirety. AN ORDINANCE SETTING FORTH RULES AND REGULATIONS GOVERNING THE PLATTING, SUBDIVISION AND DEVELOPMENT OF LAND; PROVIDING FOR A METHOD OF PROCEDURE; PROVIDING FOR PRELIMINARY PLATS TO BE SUB- MITTED; THE INFORMATION SUCH PLATS MUST CONTAIN, THE GENERAL REQUIREMENTS AS TO STREETS AND ALLEYS AND RULES AND REGULATIONS FOR LOTS AND BLOCKS; PROVIDING FOR FINAL PLAT TO BE SUBMITTED, AND OWNER'S DEDICATION AND ENGINEER'S CERTIFICATE ON AND THE ACCEPTANCE THEREOF BY THE CITY AND FOR SUCH OTHER AREAS AS MAY BE AUTHORIZED BY ARTICLE 974A OF VERNON'S REVISED CIVIL STATUTES OF THE STATE OF TEXAS, REPEALING ALL' OTHER ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A SEVERABILITY CLAUSE, PENALTY CLAUSE AND AN EFFECTIVE DATE. WHEREAS; THE CITY PLANNING AND ZONING COMMISSION HAS RECOMMENDED THAT THE FOLLOWING RULES AND REGULATIONS GOVERNING THE PLATTING AND SUBDIVIDING OF LAND BE ADOPTED; AND, ~IHEREAS; THE CITY COUNCIL, AFTER CONSIDERING THE RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION HAS CONCLUDED THAT THE FOLLOWING RULES AND REGULATIONS GOVERNING THE PLATTING AND SUBDIVID- ING OF LAND SHOULD BE ADOPTED; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Councilman Longo moved to approve the first reading of the Subdi- vision Ordinance. The motion was seconded by Councilman Shipman. At this time, Mr. Skinner, a member of the audience was recognized. He asked if a piece of property that is presently zoned agriculture would retain this use under a grandfather clause. Mr. Dillard, attorney for the City, answered that he would be permitted this use; however, he could give Mr. Skinner no guarantee as to how long the City would permit this use. At this time, Mayor Pro Tem Shearer called for a vote on the motion on the floor. The motion was carried by the following roll call vote: - 4 - 000380 Ayes: Ail members .present voted aye. Noes: None 14. OTHER MATTERS THAT MAY COME BEFORE THE COUNCIL. Mayor Pro Tem Shearer moved to agenda item fourteen so that the attorney could leave prior to the adjournment of the meeting. Mr. Dillard reviewed the proposed changes on the fence ordinance with the Council. Regarding the use of police cars, Mr. Dillard told the Council that the vehicles would be covered by the City's insurance policy, but that they should require that Fox and Jacobs clarify their liability if the officers are injured. 9. CONSIDERATION OF FIRST READING OF AUCTION ORDINANCE. Mayor Pro Tem Shearer read the following ordinance setting up the procedure for conducting an auction in its entirety: AN ORDINANCE FOR THE CITY OF THE COLONY, TEXAS, PROVIDING FOR THE REMOVAL OF ABANDONED PROPERTY; PROVIDING FOR THE SALE OF ABAN- DONED PERSONAL PROPERTY; PROVIDING FOR NOTICE OF SALE; PROVIDING FOR THE DISPOSITION OF PROCEEDS; PROHIBITING THE PURCHASE OF ABAN- DONED PERSONAL PROPERTY BY CITY PERSONNEL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE: AND PROVIDING AN EFFEC- TIVE DATE. Councilman Longo moved that the first reading of the auction ordi- nance be approved. Seconded by Councilman Adams, the motion was passed by the following roll call vote~ Ayes: Ail members present voted aye. Noes: None 10. CONSIDERATION OF FIRST READING OF ABANDONED OR JUNKED VEHICLE ORDINANCE. Mr. Hart, City Manager, read in its entirety the following ordinance providing for the removal of abandoned or junked vehicles from public or private property. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING DEFINI- TIONS; PROVIDING FOR THE IMPOUNDMENT OF ABANDONED AND JUNKED MOTOR VEHICLES FOUND ON PUBLIC OR PRIVATE PROPERTY; PROVIDING FOR THE DIS- POSITION OF ABANDONED AND JUNKED MOTOR VEHICLES; PROVIDING PROCEDURES FOR THE ABATEMENT OF PUBLIC NUISANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Adams moved that the abandoned or junked vehicle ordi- nance be approved on first reading. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye. Noes: None 13. RECEIVE CITY MANAGER'S STATUS REPORT. Mr. Hart told the Council that Frisco is ready to release the five foot strip along the St. Louis and San Francisco Railroad from their Extraterritorial Jurisdiction. Plano is planning on annexing a large portion of land to the South of the Colony's city limits stated Mr. Hart. He invited the Council to attend a meeting on May 23, 1979 at 3 P.M. at City Hall with the Highway Department, Fox and Jacobs and Eastvale regarding the widening of FM ~q23. There will also be a meeting on June 22 with the City of Carrollton and the Highway Department regarding the widening of Old Denton Road and he urged the Council to plan on attending. Mr. Hart told the Council that George Witkovsky and Andy Longo, Volunteer Firemen for the City, have completed their training to become certified as Volunteer Firemen. Councilman Fabian suggested that a letter of congratulations be sent to them. - $ - 000381 14. OTHER MATTERS THAT MAY COME BEFORE THE COUNCIL. Returning to other matters, Janiee Carroll, City Secretary, briefed the Council on the plans fop the FourTh of July Country Fair. The Couneil diseussed a recreation program and the advisability of filling in the pond located at Blair Oaks and South Colony Boulevard. 1. EXECUTIVE SESSION - PERSONNEL/APPOINTMENTS. Mayor Pro Tem Shearer announced that the Couneil would meet in Executive Session dealing with Personnel as authorized by Article 6252-17, Section 17 of Vernon's Revised Civil Statutes before addressing agenda items eleven and twelve. 11. CONSIDERATION OF AMENDMENT TO POLICE DEPARTMENT POLICY REGARDING INDIVIDUALLY ASSIGNED POLICE VEHICLES. Councilman Adams moved that the Police Department Vehicle Policy be amended to allow the Chief of Police to use his vehicle in the metroplex area and to allow the patrolmen to use their vehicles while working security for Fox and Jacobs, contingent on Fox and Jacobs providing liability coverage for the officers. Seconded by Councilman Longo, the motion was .passed by the following roll call vote: Ayes: All members present.voted aye. Noes: None 12. CONSIDERATION OF ADDITIONAL CITY STAFF. Councilman Fabian moved that a police officer be hired effective June 1, 1979 at a salary of $911.00 per month. Seconded by Council- man Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye. Noes: None There being no further action to be taken by the City Council, Councilman Shipman moved that the meeting be adjourned. Seconded by Councilman Fabian, the motion was passed by the following roll call vote: Ayes: All members present voted aye. Noes: None The meeting was adjourned at 12:50 a.m. Sandra Shearer May~ Pro Tem Ja~;c~ Carroll t / ~y Secretary - 6 -