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HomeMy WebLinkAbout12/15/1980 City Council 000749 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON DECEMBER 15, 1980 A REGULAR MEETING of the City Council of the City of The Colony, Texas was called to order at 7 p.m. with the following members present: Richard Turner Mayor William J. Longo Councilman Norman Adeler Councilman Dave Brown Councilman Councilman Linda A. Adams was not in attendance at this time but did arrive at 7:30 p.m. Councilman Gary Shipman was not in attendance due to business responsibilities; however, a quorum was established. 1. BRIEFING SESSION The Council did meet in a briefing session from 7 to 7:15 p.m. to review the following agenda items. No action was taken at this time. 2. APPROVAL OF MINUTES Councilman Adeler moved that the minutes of December 1 and December 8, 1980, regular meetings be approved as read. Seconded by Councilman Brown, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Councilman Longo did state that he would abstain from voting on the minutes of December 8, as he was not in attendance at this meeting. 3. PUBLIC HEARING REGARDING ZONING CHANGE REQUESTED BY FOX & JACOBS, INC. FROM SINGLE FAMILY TO DUPLEX CLASSIFICATION IN SUBDIVISIONS NO. 23 AND NO. 25 Councilman Longo moved that the Public Hearing be opened. Seconded by Councilman Adams, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Tom Hart, City Manager, introduced Frank Graham, a representative from Fox & Jacobs, Inc., to present their request to the Council. Mr. Graham stated that the area in Subdivision No. 23 that is to be developed is an area next to the railroad track which could not be approved for FHA financing. This would be in conjunction with the existing duplex development in that area. Councilman Longo stated that his primary concern was that there was only one entrance over a bridge to this north- east quadrant of the city, and he was concerned about emergency service to that area. Mr. Graham assured the Council that there would be limited growth in this area, and they did deliberately keep Independence Drive accessible to the north for future development in that area. Tom Cravens, also with Fox & Jacobs, advised the Council that there was a dirt road and sewer line at the northern end of The Colony going across the proposed Turner Street Park. Mayor Turner asked what were the number of lots in this area. Mr. Graham advised there were 29 lots. Mr. Graham then proceeded to request that Section 25, which contained 83 lots be zoned duplex classification. These lots would serve as a buffer zone for the northwest boundary of the city where the city limits join the Town of Eastvale. He further advised in this area Fox & Jacobs would provide one to two acres for a mini park. Councilman Longo asked if Highway 423 would be widened along this area of the city. Mr. Graham advised at this time that it would not be. Mayor Turner asked if consumer interest on the duplexes had been high. Mr. -1- OO0?,5O Graham advised that the 144 units in Section No. 23 had been sold within 30 days and that this consumer activity in The Colony had also helped the Accent and Flair sales. Councilman Adams agreed that both areas were prime locations for duplex development. Mr. Graham further reques- ted for Fox & Jacobs that the Council grant a lot size variance to allow duplex construction on a 60-foot lot width rather than a 70-foot lot width and that the minimum square footage be reduced from 2,000 to 1,800. There being no further comments for or against this zoning change request, Councilman Longo moved that the hearing be closed. Seconded by Councilman Adams, the motion was passed by the following roll call vote: Ayes: All.members present voted aye Noes: None 14. RECEIVED CITY CHRISTMAS DECORATIONS FROM THE REPUBLICAN WOMEN'S CLUB Joan Lux, Diane Kovar and Sally Burchell, representatives of the Republican Women's Club, presented two outdoor wreaths to the city. Mayor Turner accepted on behalf of the city and expressed the Council's appreciation. Mr. Hart told the newspapers that the wreaths would be hung tomorrow at the entrances to The Colony on North Colony Boulevard and South Colony Boulevard. 4. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING THE COMPREHEN- SIVE ZONING ORDINANCE FROM SINGLE FAMILY TO DUPLEX CLASSIFICATION ON SPECIFIC LOTS LOCATED IN SUBDIVISIONS NO. 23 AND NO. 25 Mayor Turner read aloud in its entirety the following 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 LOTS 1-29, BLOCK 175, THE COLONY NUMBER 23, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME B, PAGE 64, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. LOTS 1-46, BLOCK 201; LOTS 1-28, BLOCK 202; LOTS 1-21, BLOCK 203; LOTS 1-21, BLOCK 204; LOTS 11-21, BLOCK 205; LOTS 26-50, BLOCK 208, ALL OF THE COLONY NUMBER 25, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME B, PAGE 111, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, TO "D" DUPLEX DWELLING 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 Adams then moved to approve the first reading of this ordi- nance with the condition that it be amended to include the square footage variance and the lot width variance as requested by Fox & Jacobs. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 5. DISCUSSION OF BUILDING USE POLICY Janice Carroll, City Secretary, stated that the attorney needed further direction from the Council regarding this building policy. He did advise the Council that this is one area that the city is not obligated to provide as a service to the citizens. Councilman Longo stated his opinion that municipal buildings should not be open to any organization. Councilman Adeler agreed. Councilman Adams requested that it be considered on an individual basis as to what type of groups would be requesting the use of the building. It was agreed that if it was a city-sponsored event, the municipal building itself could be used. After further discussion, Councilman Longo moved that municipal buildings would not be used by -2- 000751 city organizations or city events unless sponsored by the City Council or if the organization has come before the Council and gained specific approval. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Councilmen Longo, Adeler and Brown Noes: Councilman Adams 6. DISCUSSION REGARDING THE PURCHASE AND SUBSEQUENT LEASE OF ONE MOBILE OFFICE BUILDING Tom Hart requested further clarification from the Council upon his instructions regarding this agenda item. After lengthy discussion, the Council's consensus was to direct the City Manager to investigate all costs (purchase price, moving cost, insurance, utilities, etc.) and come back to the Council with a proposed amended budget for the purchase of this trailer to be used only for a library service to the citizens. Mayor Turner did state that he disagreed with this if it was being purchased for only one use. Mr. Hart stated he would investi- gate these costs, talk with the Friends of the Library regarding the operations of a library and bring to the Council an amended budget. 10. CONSIDERATION OF APPROVAL OF PROPOSED "ANNUAL REPORT" Mr. Hart advised the Council that the staff was working presently on the development of a monthly calendar paid for by the sale of advertising at no cost to the city to be distributed at the shopping centers and five audio visual programs to be presented to clubs and organizations in the city. He stated the third project that the staff was interested in preparing is an Annual Report to be mailed to each citizen of The Colony giving a brief description of their city and city government. He advised the Council that a cost had been determined of $1,050.00 for 5,000 printed brochures and that the mailing cost would be approximately $400.00. Councilman Longo stated that he did want the City Council to review anything that would be mailed out. Mr. Hart did advise the Council that they would have full editorial rights on this brochure. It was the consensus of the Council that Mr. Hart proceed with the preparation of this Annual Report bringing it back to the Council for final approval prior to printing and mailing. 11. CONSIDERATION OF SECOND READING OF POLICE VEHICLE PURCHASE AUTHORIZATION ORDINANCE Mayor Turner read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR FOUR POLICE VEHICLES WITH THE FIRM OF DURAN CHEVROLET, ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. Councilman Adams moved to approve the second reading of the Police Vehicle Authorization Ordinance. Seconded by Councilman Brown, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 12. CONSIDERATION OF SECOND READING OF AMBULANCE CHASSIS PURCHASE AUTHORIZATION ORDINANCE Mayor Turner read aloud the following caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ONE AMBULANCE CHASSIS WITH THE FIRM OF SUPERIOR SOUT~4EST, INC., ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A" AND PROVIDING AN EFFECTIVE DATE. Councilman Adeler moved to approve the second reading of this Ambulance Chassis Authorization Ordinance. Seconded by Councilman Longo, the motion -3- was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 7. DISCUSSION OF ALCOHOLIC BEVERAGE COMMISSION REGULATIONS REGARDING LIQUOR PERMITS Janice Carroll, City Secretary, reviewed the booklet enclosed in the Council's packet for them and advised that David Floyd, of the Alcoholic Beverage Commission, was not in attendance at this time and that she would like to arrange for him to be at the January 5, 1981, meeting. 8. DISCUSSION OF PROPOSED SPECIFIC USE ORDINANCE FOR THE REGULATION OF EST~LISH~NTS SERVING LIQUOR After a brief discussion, Mayor Turner stated that he would like for the Council to talk with David Floyd first before they consider this proposed specific use ordinance. The Council concurred. 9. CONSIDERATION OF FIRST RE~ING OF ORDINANCE ~LOWING LATE-HOUR PERMITS WITHIN THE CITY Mayor Turner read aloud in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLO~, TEXAS, PROVIDING FOR THE ADOP- TION OF EXTENDED HOURS FOR ~THE SALE, OFFER TO SELL, AND DELIVERY OF BEER BY A HOLDER OF A ~TAIL DE~ER'S ON-PREMISE LATE HOURS LICENSE OR FOR THE SUE OF MIXED BEVERAGES AND THE OFFER TO SELL BY A HOLDER OF MIXED BEVERAGES LATE HOURS PERMIT OR FOR THE SALE OF ALCOHOLIC BEVERAGES SOLD UNDER A WINE AND BEER RETAILER'S PERMIT OR A WINE AND BEER RETAILER'S OFF-PREMISE PERMIT; PROVIDING FOR THE EXTENSION OF SALE HOURS TO BETWEEN MIDNIGHT AND 2:00 A.M. ~SPECIFIC DAYS; AND PROVIDING AN EFFECTIVE DATE. Councilman Adams moved that the first reading of this ordinance be approved and amended to allow establishments to be opened from 12 midnight until 2 a.m. on January 1, New Year's Day, no matter on what day of the week this holiday might fall. Seconded by Councilman Longo, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 13. CONSIDERATION OF PLANNING & ZONING BOA~ APPOINT~NT - CLOSED- DOOR SESSION Mayor Turner announced that the Council would meet in a closed-door session as authorized by Article 6252-17 of VACS. On reconvening in open session, Mayor Turner announced that no decisions had been made at this time regarding a Planning & Zoning Board appointment. There being no further action to be taken by the Council, Councilman Ad~s moved that the meeting be adjourned. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 9:15 p.m. ATTEST: JAN'i~CARROLL, CI~ SECRETARY -4-