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HomeMy WebLinkAbout10/20/1980 City Council· 00071.0 [~NIfffES OF THE CITY CO~]CIL OF ~tE CITY OF THE COLONY HELD ON OCTOBER 20, 1980 A REGULAR MEETING of the City Council of The City of The Colony was called to order at 7:30 p.m. with the following members present: Gary Shipman Mayor Pro Tem William J. Longo Councilman Linda A. Adams Councilman Norman Adeler Councilman Greg Norwood Councilman and with Richard Turner, Mayor, not in attendance due to business; however, a quorum was established. 1. BRIEFING SESSION The Council met in a briefing session from 7:30 until 8 p.m. regarding the following agenda items. No action was taken by the Council. EMERGENCY AGENDA ITEM--CONSIDERATION OF ESTABLISHMENT OF "HOSTAGE WEEK" IN THE COLONY Mayor Pro Tem Shipman introduced Misses Pritchard, Gressett and Crowder, members of the Colony Jaycee-Ettes. They presented to the Council and members of the audience yellow ribbons and stated that they would like to tie a yellow ribbon around the tree on Paige Road at Arbor Glen in honor of our hostages held in Iran. They did request that the Council sanction this action. Councilman Longo moved that the week of October 20 through October 27 be proclaimed as "Hostage Week" in the City of The Colony. Seconded by Councilman Norwood, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. CONSIDERATION OF PROCLAMATION DESIGNATING OCTOBER 19 THROUGH OCTOBER 25 AS LUPUS AWARENESS WEEK IN THE COLONY Mayor Pro Tem Shipman read aloud the following proclamation: WHEREAS: Lupus Erythematosus is one of the ten major illnesses in the United States; and WHEREAS: Lupus was first recognized in the 19th century but still challenges the medical profession; and WHEREAS: the cause of Lupus is unknown and its symptoms are varied, often resembling those of other diseases; and WHEREAS: the general symptoms include aching, weakness, chronic exhaustion, low grade fever, and joint stiffness and swelling; and WHEREAS: the most conspicuous sign of Lupus in approximately half the victims is a facial rash which spreads in the shape of a butterfly; and WHEREAS: Lupus can strike anyone, at. any age, but 85% of the victims are women of child-bearing age (20-40); and WHEREAS: there are two forms of Lupus: (1) the discoid type which affects the skin, and (2) the systemic type which attacks the various organs of the body and which may be mild or deadly serious; and 1 ooo7 ' WHEREAS: there are an estimated 500,000 to 1,000,000 Lupus v±ctims in the United States, with 5,000 new cases being diagnosed annually; and WHEREAS: with early diagnosis and treatment, an 85~ survival rate is not uncommon; and WHEREAS: the National Lupus Foundation of America, Inc., a non- profit organization, was formed to promote public awareness of this baffling disease and to support research in order to seek new methods of control, prevention and hopefully, find a cure; and WHEREAS: there are now approximately 100 active Lupus chapters in the United States, with the Dallas Lupus Association being formed in September, 1976; NOW, THEREFORE, I, RICHARD TURNER, Mayor of the City of The Colony, Texas do hereby proclaim the week of October 19-25 to be LUPUS AWARENESS WEEK. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of The Colony, Texas, to be affixed hereto on this the day of , 1980. Mayor ATTEST: City Secretary Councilman Adams moved that this proclamation be approved as presented. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 3. CONSIDERATION OF CONSULTANT CONTRACT TO IMPLEMENT THE TURNER STREET PARK GRANT Mr. Hart briefed the Council again that the Turner Street Park was located on a 30-acre tract in Section 23 in The Colony and that the staff did recommend the appoint- ment of the firm of Schrickel, Rollins & Associates. The primary reasons for this recommendation by the staff is that this firm did prepare the grant and was familiar with it; this firm did prepare the Master Land Use Plan for The Colony; and is also doing consultant work for the city's first park grant. Councilman Longo was concerned that this contract should bein ordinance form. Mr. Hart advised that he would check on this. Councilman Norwood then moved that the firm of Schrickel, Rollins & Associates be approved as consultant to implement the Turner Street Park Grant. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None -2- 000712 4. CONSIDERATION OF APPOINTMENT OF MUNICIPAL COURT CLERK Janice Carroll, City Secretary, did request that the Deputy Court Clerk, Kathy Rauschenberg, be appointed as the Court Clerk. Councilman Adams so moved. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 5. CONSIDERATION OF APPOINTMENT OF VAUGH FOR THE 1979-80 MUNICIPAL BUDGET Mr. Hart did advise the Council that Mr. S. D. Vaugh had submitted to them a proposal to audit the 1979-80 budget year for an amount not to exceed $1,500. Following a brief discussion of the advisability of retaining the same auditor rather than going with a "Big 8" firm, Councilman Norwood moved that S. D. Vaugh, CPA, be appointed as auditor for the 1979-80 fiscal budget year. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 6. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING CITY ORDINANCE NO. 38 REGARDING FENCE PERMIT FEE Mr. Hart advised the Council that it was time to increase from the established $7.00 fence permit fee to the proposed $12.00 permit fee..- He did clarify that this was to cover staff expense;and it was a user fee, not a large profit to the city. Councilman Shipman noted that this fee charge was under consideration in the budget process for this year. At this time, Mr. Hart read aloud the following captioned ordinance in its entirety: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING SECTION 4 OF ORDINANCE NO. 38; PROVIDING A MINIMUM COST OF PERMIT FEE FOR A FENCE OF TWELVE DOLLARS ($12.00) FOR EACH PERMIT; AND PROVIDING AN EFFECTIVE DATE. Councilman Adeler then moved that this ordinance be approved upon first reading. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Councilman Adams, Adeler, Shipman, Norwood Noes: Councilman Longo 7. CONSIDERATION OF RESOLUTION ESTABLISHING NEW AMBULANCE SERVICE CHARGES Councilman Longo moved that this item be tabled for further information regarding surrounding cities' ambulance charges. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 8. CONSIDERATION OF POLICY REGARDING CHARGING PERMIT FEES TO ENTITIES AS AUTHORIZED BY THE UNIFORM BUILDING CODE Mr. Hart stated that it was the general consensus of the staff to charge building permit fees to the Lewisville -3- 000718 Independent School District, however, in the past the city had advised the School District in letter form that they would not be charged. In a telephone conversation with Superintendent Stuver, Mr. Hart was advised that other cities did not charge the Lewisville Independent School District and that Mr. Stuver was surprised that The Colony would do so. Councilman Longo requested that the staff do a detailed survey of other surrounding cities, particularly Lewisville, Carrollton and Farmers Branch regarding their policy on building permit fees and further moved that this item be tabled until next week's meeting. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Councilmen Longo, Adams, Adeler and Shipman Noes: Councilman Norwood 9. CONSIDERATION OF SECOND READING OF CABLE TV FRANCHISE ORDINANCE Mayor Pro Tem Shipman read aloud the following captioned ordinance: AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO TV CABLE OF THE COLONY, INC.; PROVIDING TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING RATES TO BE CHARGED; PROVIDING THAT RATES CANNOT BE CHANGED WITHOUT CONSENT OF THE CITY; PROVI- DING FOR ACCEPTANCE BY FRANCHISEE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Ben Campbell, President of CATV, was present to answer any questions that the Council might have at this time. Coun- cilman Longo then moved to approve this ordinance upon second reading. The motion was seconded by Councilman Adeler. After a brief discussion of fees, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. PUBLIC HEARING REGARDING ZONING CHANGE REQUEST SUBMITTED BY DR. KEVIN SEIDLER FOR PROPERTY LOCATED ON THE WEST SIDE OF PAIGE ROAD BETWEEN KISOR AND YAGER DRIVES Councilman Longo moved to open the Public Hearing. Secon- ded by Councilman Adams, the motion was passed by the follow- ing vote: Ayes: All members present voted aye Noes: None Dr. Kevin Seidler introduced his architect, Wayne Claudening, who presented site plans for the Council's review. Dr. Seidler advised that he felt his building and plan would be aesthetically pleasing as the parking would be located to the rear of the lot. Councilman Longo asked Dr. Seidler if there would be any problem with the Council retaining site plan approval. Dr. Seidler advised that this would be no problem. Upon further review of the Zoning Ordinance, Mr. Hart was concerned that this Office 1 Classification would not be the correct classification for the implemen- tation of racquetteball courts within the actual structure, and he advised the Council that this would be studied prior to second reading of the ordinance amending the Com- prehensive Zoning Ordinance. After further discussion, Councilman Adams moved that the Public Hearing be closed. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -4- 000714 11. CONSIDERATION OF APPROVAL OF ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY TO CHANGE THE PROPERTY DESCRIBED AS A 1.838 ACRE TRACT OF LAND AT THE CORNER OF PAIGE ROAD AND KISOR DRIVE TO OFFICE DISTRICT ONE CLASSIFICATION Mayor Pro Tem Shipman read aloud in its entirety the follow- ing captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED AS A 1.838 ACRE TRACT OF LAND AT THE CORNER OF PAIGE ROAD AND KISOR DRIVE TO OFFICE DISTRICT ONE CLASSIFICATION; PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT ~P; PROVIDING FOR A PE- NALTY 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 this ordinance with it corrected to insure site plan approval by the Council. Seconded by Coumcilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 12. PUBLIC HEARING REGARDING ZONING CHANGE REQUEST SUBMITTED BY MR. AND MRS. J. Y. EBERHART FOR PROPERTY LOCATED ON THE NORTH SIDE OF CAMEY ROAD Councilman'Longo moved to open the Public Hearing. Secon- ded by Councilman Adams, the motion was passed by the follow- ing roll call vote: Ayes: Ail members present voted aye Noes: None Mr. Hart defined for the Council the difference between Light Commercial and General Retail Classifications and further advised the Council that he did see no problem with the Light Commercial Classification for this particular piece of property. Mrs. Eberhart advised the Council that four businesses were presently located on this land tract: Pizza Inn, Larry's Family Restaurant, Eberhart Real Estate and Portable Building Sales. Mrs. Eberhart further ex- plained that they did request Light Commercial to insure the continued use of the land as presently planned. Coun- cilman Adams advised Mr.and Mrs. Eberhart that, as they were unilaterally annexed with these particular uses, they could continue with this use unless one of the businesses was closed permanently. After further discussion of the grand- father clause, the Council did assure Mr. and Mrs. Eberhart that these four businesses would be protected under the grandfather clause unless thez~siness was closed down for a period of at least nin~ys. There being no comments for or against this zoning change, Councilman Longo moved that the hearing be closed. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 13. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE TO CHANGE THE PROPERTY DES- CRIBED AS TWO-ACRE LAND TRACT LOCATED ON CAMEY ROAD TO A GENERAL RETAIL DISTRICT CLASSIFICATION Mr. Hart, City Manager, read aloud the following captioned ordinance in its entirety: -5- 000715 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY SO AS TO CHANGE THE PROPERTY DESCRIBED AS 2.00 ACRES OF LAND OUT OF THE BBB & CRR COMPANY SURVEY, ABSTRACT 172, DENTON COUNTY, TEXAS AND BEING THE SAME PROPERTY CONVEYED TO J. Y. EBERHART AND VERA M. EBERHART BY DEED DATED FEB- RUARY 21, 1978, RECORDED IN VOLUME 876, PAGE 25, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS TO "GR" GENERAL RETAIL DISTRICT CLASSIFICATION; PROVIDING FOR THE AMENDMENT OF THE ZONING DISTRICT MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Norwood moved to approve this ordinance with the amendment that the city retains site plan approval. Se- conded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 14. RECEIVED REPORT REGARDING NERVE, A JUVENILE PROGRAM TO BE IMPLEMENTED BY CITIES Melinda Jaber, Juvenile Officer for the City of The Colony, reported to the Council that the City of Carrollton was sponsoring a youth services program but that the cost was significant to an individual city. She advised that a meeting would be held on October 23 at Lewisville High School to discuss the probability of surrounding cities working together to implement a youth services program for this area. Councilman Longo asked if the County could help financially on this program. Councilman Norwood stated that he felt The Colony would not benefit from an organi- zation with surrounding cities at this time and that perhaps we should organize from within. Officer Jaber did advise the Council that Texas Women's University and North Texas State University could possibly have programs that could work with the city. After discussion, Councilman Shipman suggested a meeting with churches, schools and the city to discuss a youth services program within The Colony. It was also noted by Councilman Norwood that the staff might even look into private sources of funding. There being no further action to be taken by the Council, Councilman Longo moved that the meeting be adjourned. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Pro Tem Shipman adjourned the meeting at 10 p.m. Gary S~pman~,"~ayor Pro Tem ATTE/S.~ __ JaneX-Carroll, city Secretary -6-