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HomeMy WebLinkAbout07/06/1981 City Council 000899 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JULY 6, 1981 A REGULAR MEETING of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Richard Turner Mayor Scott North Councilman Freeman Upchurch Councilman Norman Adeler Councilman Gary Shipman Councilman Charles Dodds Councilman and with no members absent; thus, a quorum was established. 1. BRIEFING SESSION The Council did meet in a briefing session from 7:30 to 7:50 p.m. to review the following agenda items. No action was taken at this time. 2. APPOINTMENT OF CITY MANAGER At this time Mayor Turner announced that the Council would formally appoint the new city manager. Councilman Dodds made the motion to approve the appointment of Mr. Dan Savage. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Before moving to the next agenda item, Mayor Turner announced that the Council would take a break in order for Mr. Savage to meet those present. After the break, before resuming the regular agenda, Mayor Turner announced that he would like to make a presentation to City Secretary Janice Carroll. Mayor Turner presented Mrs. Carroll with a Mayor's Certificate commending her for outstanding service to the community while serving as Interim City Manager from April 16 of this year until this date. He stated during the presentation that, while she seemed to feel that this was her job, he and the Council felt that this service was beyond the normal call of duty since she was handling her regular responsibilities in connection with the office of city secretary at the same time. 10. CONSIDERATION OF ORDINANCE AMENDING ORDINANCE 147 PROHIBITING THE PARKING OF A COMMERCIAL MOTOR VEHICLE UPON A PUBLIC STREET Mayor Turner introduced this item by giving the background of this ordinance for members of the audience. When the city's Traffic Ordinance was passed, Section 7(f) was omitted pending a solution to the problem of the parking of commercial motor vehicles within the city. It was hoped that a committee which was formed would be able to establish a location that these large commercial vehicles could be parked within The Colony, so that residents who drive them for a living would not be unduly inconvenienced. However, as Mayor Turner stated, The Colony simply does not have a place where this would be feasible. It was therefore the recommendation of the staff that this amendment ordinance be passed, which reinstates Section 7(f) prohibiting the parking of these vehicles upon public property within the city. There followed a lengthy discussion of weights of various types of trucks. Mayor Turner read aloud the following Section 7(f) from the amending ordinance at this time: SECTION 7(f)--It shall be unlawful and a violation for any person to park any commercial motor vehicle upon a public street, alley, parkway, boulevard -1- or other way measuring less than thirty-six (36') feet in width or upon public property at any time. Nothing herein shall authorize the parking of a mobile home for use in any location, public or private, except as may be authorized by the comprehensive zoning ordinance. The provisons of this Section shall not apply to street construction, maintenance, and repair equipment; trucks, equipment and vehicles used by public service utility companies engaged in repairing or extending public service utilities; municipal vehicles in the course of performance of City business; nor to commercial motor vehicles parked for the purpose of accepting or delivering transportable goods. It shall be a defense to this Section that the vehicle had a mechanical defect, making it unsafe to proceed further, in which event it shall be lawful to stand or park the vehicle during the time necessary to make emergency repairs. Councilman North requested a definition of a delivery truck. Mr. Rob Dillard, city attorney, replied that the definition "commercial motor vehicle" automatically limits this to a vehicle involved in a business and also that it would be limited by weight. Mr. Dillard also stated that it was the intention of this section to exclude such vehicles as moving vans and delivery trucks which of course must come into and out of The Colony to serve residents. This section only applies to large trucks which are parked overnight or possibly longer on public streets and property. Mr. Dillard stated further that some of these cases would have to be judged individually. Mr. Marks, a member of the audience, thought that if the city was going to prohibit the parking of these large trucks, they should also prohibit the parking of large motor homes and recreational vehicles. Councilman Shipman pointed out that this was only one of the considerations of this ordinance; The Colony is also concerned with the damage to streets, curbs and alleys. Mayor Turner read to the audience parts of a memorandum prepared by Police Chief Nick Ristagno and Director of Community Development, I. R. Bradburry, explaining various reasons why the city could not provide a place for these vehicles to park; the memo also pointed out that The Colony's streets are only built to handle up to 2,500 pounds without damage and that an empty "18-wheeler" weighs approximately 10 tons or 20,000 pounds. City attorney Rob Dillard pointed out at this time that this section is directed mainly at commercial use of the city streets; i.e., in the case of large utility trucks, etc. that have to use the city streets, the city generally has a franchise agreement which includes a fee to take care of repairs. Regarding the lengthy discussion of the carrying capacities of various trucks, Mr. Dillard stated that the interpretation for the purpose of the ordinance would be made according to what was on the vehicle's state title. At this time, Mayor Turner read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING ORDINANCE 147; PROHIBITING THE PARKING OF ANY COMMERCIAL MOTOR VEHICLE UPON A PUBLIC STREET, ALLEY, PARKWAY, BOULEVARD OR OTHER WAY MEASURING LESS THAN THIRTY-SIX (36') FEET IN WIDTH; PROVIDING OTHER REGULATIONS, EXCEPTIONS AND DEFENSES; 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 Shipman made a motion to approve this amending ordinance. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 3. APPROVAL OF MINUTES Councilman North made a motion to approve the minutes of June 8, 15 and 22, 1981 as presented. Seconded by Councilman Upchurch, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None -2- 000901 5. CONSIDERATION OF REQUEST FOR FENCE VARIANCE Mr. Dan Savage, City Manager, stated that this proposed screening fence would be, according to the plan presented to staff, behind the building setback line; therefore, since this is not prohibited by city ordinance, no variance is actually needed in this case. Councilman Adeler wished for Mr. McGready, the property owner, to clarify what type of fence this would be, and Mr. McGready replied that this was just a screening fence. At this point, it was the consensus of the Council that in view of the fact that there was actually no violation involved and Mr. I. R. Bradburry, Director of Community Development, had already approved this fence, no variance was required, and no action needed to be taken by the Council at this time. 6. REVENUE SHARING HEARING Councilman North made the motion to open this public hearing. Seconded by Councilman Upchurch, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mr. Dan Savage presented and explained these figures as they had been prepared in a memorandum to the Mayor and Council. At this time, the estimated total amount to be considered in the budget for the fiscal year 1981-82 is $69,622.44. Mayor Turner then called for comments from the audience concerning use of these funds. Mr. John Gooch, a member of the audience, was concerned about a facility for the youth in the community. Mrs. Wanda Gillett, a member of the audience and a member of the Friends of the Library, wished for the Council to consider using a portion of these funds to help with preliminary funding of a library in The Colony. The Lewisville Library is considering the use of a non- resident user fee, and it was pointed out that 15-25 applications per day are processed by them for Colony residents. Councilman North stated that he is now totally in favor of a library in The Colony, due to Lewis- ville's intention to institute this charge. Mr. George Gillett, a member of the audience, stated that he felt that this amount of money was not sufficient for a swimming pool, but maybe a facility could be considered which would incorporate both a library and something for the youth. Another member of the audience stated that it would take approximately $20,000 to start a library, excluding a building. Mrs. Gillett pointed out that the Friends of the Library are working to raise funds, but they cannot possibly do enough by themselves. There being no further comments from the audience or Council, Councilman North made a motion to close the public hearing. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 7. CONSIDERATION OF PASSAGE OF STEWART'S CREEK ROAD ABANDONMENT ORDINANCE Councilman North made a motion to table this item, due to a problem in the preparation of the ordinance. Seconded by Councilman Adeler, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 8. CONSIDERATION OF POLICE DEPARTMENT BUDGET TRANSFER FOR THE INSTALLATION OF ONE SEWER LINE Councilman Dodds made a motion to table this item. Seconded by Councilman North, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None -3- 000902 9. CONSIDERATION OF AMBULANCE SERVICE CONTRACT WITH THE TOWN OF EASTVALE Mr. Dan Savage, City Manager, read the proposed amount of this contract from a memo which was prepared for the Mayor and Council. He explained how this figure had been arrived at and stated further that the contract did not specify a term but had a 30-day termination clause. At this time, Mayor Turner read aloud the following contract caption: WHEREAS, THE CITY OF THE COLONY, TEXAS, AND THE CITY OF EASTVALE, TEXAS, DESIRE TO ENTER INTO AN AGREEMENT FOR THE PROVIDING OF AMBULANCE SERVICE FROM THE COLONY TO EASTVALE; AND, WHEREAS, SAID CITIES HAVE AUTHORITY UNDER ARTICLE 4413(32c) INTERLOCAL COOPERATION ACT, TO ENTER INTO SUCH AGREEMENT, NOW, THEREFORE, THIS CONTRACT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF THE COLONY, TEXAS, (COLONY) AND THE CITY OF EASTVALE, TEXAS (EASTVALE) AS OF THE DAY OF , 1981, ON THE FOLLOWING TERMS AND CONDITIONS, TO WIT: Councilman Shipman stated that, in his opinion, there should be a date established for the annual payment of this contract amount. After some discussion, Councilman North made a motion that this contract be amended to show the term as running from November 15, 1980 to expire on September 30, 1981, changing Section 3 from a one-year term to 10½ months, and changing Section 4 to reflect the corrected amount. The motion was seconded by Councilman Upchurch. Janice Carroll, City Secretary, stated that this contract would have to be taken back to the Eastvale Board of Aldermen, due to the changes. Mayor Turner then called for a vote on the motion on the floor, and the motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 11. CONTINUANCE OF PUBLIC HEARING ON APPLICATION OF THE CITY TOAMEND THE COMPREHENSIVE ZONING ORDINANCE TO REQUIRE A SPECIFIC USE PERMIT FOR ESTABLISHMENTS SERVING BEER, WINE OR LIQUOR Councilman North made a motion to open this public hearing. Seconded by Councilman Dodds, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Turner then asked for any comments from members of the audience or the Council. There was a question from one member of the audience concerning organizations selling beer as part of a special event for the raising of funds. Councilman Adeler stated that this situation would not be affected by this permit requirement. There being no fur- ther comments for or against, Councilman North made a motion to close the public hearing. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 16. CONSIDERATION OF PASSAGE OF ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE At this time, Mayor Turner read aloud the following ordinance caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY EXHIBIT "A" OF ORDINANCE NO. 61 BY AMENDING THE DEFINITIONS, SECTION 10-301; ADDING AN EXCLUSION FOR THE SERVING OF BEER, WINE OR LIQUORS UNDER DEFINITIONS 51 AND 54; AMENDING -4- 00090,3 THE USE SCHEDULE, SECTION 10-205, TO PROVIDE FOR DEFINITIONS 50, 52, 53 AND 55 TO BE BY SPECIFIC USE PERMIT IN THE SHOPPING CENTER AND GENERAL RETAIL DISTRICTS; AMENDING SUCH USE SCHEDULES TO PROVIDE THAT USES DESCRIBED IN DEFINITIONS 50, 52, 53 AND 55 SHALL BE PROHIBITED IN THE LIGHT COMMERCIAL, HEAVY COMMERCIAL, HEAVY COMMERCIAL AND INDUSTRIAL DISTRICTS; AMENDING SECTION 10-209 TO PROVIDE THAT A BEVERAGE STORE, DEFINITION 109, SHALL BE BY SPECIFIC USE PERMIT IN THE NEIGHBORHOOD SERVICE, SHOPPING CENTER AND GENERAL RETAIL DISTRICTS AND SHALL BE A PROHIBITED USE IN THE LIGHT COMMERCIAL AND INDUSTRIAL DISTRICTS; ADDING SECTION 10-916 PROVIDING ADDITIONAL CONDITIONS FOR THE APPROVAL OF A SPECIFIC USE PERMIT FOR THE SALE OF BEER, WINE OR LIQUORS; REQUIRING PLATTING; REQUIRING AN EXACT SITE PLAN OF THE PROPERTY; REQUIRING ARCHITECTURAL RENDERINGS OF THE BUILDINGS; REQUIRING A LISTING OF ACTIVITIES IN THE FACILITY; REQUIRING A PROJECTED PERCENTAGE OF SALES FROM ALCOHOLIC BEVERAGES AND FOOD; REQUIRING A LANDSCAPE PLAN; REQUIRING AN INTERIOR LAYOUT PLAN; REQUIRING A SIGN PLAN; AND REQUIRING A SPECIAL PERMIT FEE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Shipman made a motion to approve this ordinance. The motion was seconded by Councilman Adeler. Councilman North wished to know the cost of an application for a permit. He was told that this would be $100, the same as the cost of a regular zoning change application. Mayor Turner then called for a vote on the motion on the floor. The motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 12. CONSIDERATION OF STREET LIGHTING ON RAGAN ROAD Mr. Dan Savage, City Manager, gave the cost for these two street lights; the first light would cost $750, and the second one would be $250 for a total cost of $1,000. Councilman North wished to know exactly where the money for these two lights would be taken from. Councilman Adeler was of the opinion that it should be taken from this year's budget. After some discussion, Councilman North made a motion to handle this from this year's ~udget (1980-81 fiscal year) as a line-item transfer from Community Development Item 70 to Item 69. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 13. CONSIDERATION OF ACCEPTANCE OF TRACTOR BIDS Councilman Adeler made a motion to table this item, as it is going to be necessary to go out for new bids due to an error in the specifications. Seconded by Councilman North, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 14. CONSIDERATION OF APPOINTMENT TO CITY BOARDS A. PLANNING & ZONING COMMISSION B. BOARD OF ADJUSTMENT & APPEALS Councilman North made a motion to table this item, as not all of the people being considered for these appointments had been contacted. Seconded by Councilman Upchurch, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None -5- 000904 17. CONSIDERATION OF AWARDING OF BID FOR ATHLETIC FIELD LIGHTING AND AUTHORIZATION ORDINANCE ON SAME Councilman Dodds made a motion to table this item. Seconded by Council- man Shipman, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 4. CONSIDERATION OF PRELIMINARY AND FINAL PLAT FOR GRIFFIN SQUARE SHOPPING CENTER Councilman Shipman made a motion to table this item, as the represen- tatives from Lincoln Properties were not able to attend this meeting. Seconded by Councilman Dodds, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 15. CLOSED DOOR SESSION A. LITIGATION: PURDY VS. CITY At this time, Mayor Turner did announce that the Council would meet in a closed door session as authorized by Article 6252-17 of Vernon's Ann. Civil Statutes, and that no action would be taken at this time. Upon reconvening in open session, there being no further action to be taken by the Council, Councilman North made a motion to adjourn. Seconded by Councilman Upchurch, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mayor Turner adjourned the meeting at 10:40 p.m. ATTEST: ~I~/E CARROLL, CITY SECRETAR? -6-