Loading...
HomeMy WebLinkAbout08/03/1981 City Council 000925 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON AUGUST 3, 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 Norman Adeler Councilman Gary Shipman Councilman Charles Dodds Councilman and with Councilman Upchurch absent; however, a quorum was established. 1. BRIEFING SESSION The City Council did meet in a 30-minute briefing session to review the following agenda items; however, no action was taken at this time. 2. APPROVAL OF MINUTES Councilman North moved to approve the minutes as presented for the July 13, 20 and 27 meetings. 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 PASSAGE OF ORDINANCE PROHIBITING THE USE OF A STUCCO MATERIAL IN THE CONSTRUCTION OF HOMES IN THE COLONY Mr. Savage, City Manager, presented this ordinance to the Council for their review and explained to them and the members of the audience that this brief ordinance prepared by our attorney specifically prohibited stucco and wood frame housing in The Colony. Mayor Turner read aloud in its entirety the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REQUIRING THE CONSTRUCTION OF EXTERIOR WALLS OF RESIDENTIAL STRUCTURES TO BE NOT LESS THAN SIXTY-FIVE (65%) PERCENT BRICK, BRICK VENEER, STONE, OR OTHER MASONRY OR MATERIAL OF EQUAL CHARACTERISTICS, EXCEPT STUCCO; 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 North then moved to approve the passage of this ordinance. This motion was seconded by Councilman Shipman. Mayor Turner then asked for discussion at this time. Councilman Shipman was concerned this ordinance did not address the requirements for a two-story structure. It was discussed that, as the ordinance is now presented, citizens must have the same percen- tage of brick on a second story as well as any rooms added on. After further discussion of some of these concerns, Mr. Savage clarified for the members of the audience that the intent of this ordinance is not to comprehensively cover all problems but to specifically address quickly the requests of the citizens. He added that these concerns would be looked into in the near future. After further lengthy discussion among the Council and members of the audience, it was concurred that this ordinance in its present form would prohibit Fox & Jacobs from building without the city's approval of the masonry finish and that the problems addressed tonight must be looked at in the near future. There being no further discussion, Mayor Turner called for a vote on the motion. The motion was carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None -1- 000926 4. CONSIDERATION OF REPORT FROM CITY MANAGER REGARDING CITIZENS' PETITION ON HOUSING ISSUES Mr. Savage stated that at the Council's request the staff had surveyed 14 cities and asked the cities the following questions: 1. Do you have a minimum square footage in single family zoning? What is it? 2. If you have more than one single family classification, do you provide for minimum lot requirements? 3. Is it mandatory that an attached enclosed garage be a part of the structure? 4. Is a brick or masonry finish required? If so, what percentage? He then reviewed the answers of each city, and concluded after this that no specific patterns could be detected but that cities zoned and provided residential requirements to meet the needs of their growth patterns. He then advised the Council that the square footage request and enclosed garage request were issues of a more complex nature and did need to be studied in detail. This study must also be initiated in the Planning and Zoning Commission. He did recommend that the permit moratorium be lifted for the 90 cottages presently under contract and that the issue be referred to the Planning and Zoning Commission for study. There followed a lengthy discussion of this issue. Councilman North stated that if the 1200 square footage requirement was passed and our permit revenue was cut in half, this would represent a 4~ tax increase to citizens. He further stated that if the annual salary for those purchasing the cottages was $28,000, then he did not feel that these cottages would create a "poor side of town" which did concern many of the members of the audience. Councilman Adeler remin- ded the Council and members of the audience that the smaller homes are also two-bedroom homes rather than three-bedroom homes. Councilman Shipman felt that it was very important that we look into different residential districts for the city; however, he would like to see an enclosed garage requirement and that uniform carports be mandatory for all duplexes. Councilman Dodds agreed with Councilman Shipman and added that he would like to expedite the hearing process through Planning and Zoning; he would like for residential districting to be considered and that the air conditioning requirement also be addressed. The Council then discussed the lifting of the moratorium now placed on the issuance of building permits to Fox & Jacobs and future growth projections. Casey Cunningham, a member of the audience, was recog- nized and asked how many homes are projected to be built in The Colony. Mr. Savage answered that 550 homes were projected for the next fiscal year. She was concerned that the school system could not adequately provide facilities to meet the needs of the community. Regarding the revenue impact of these 550 permits, members of the audience asked why the cost of the permit could not be increased if the number of permits were decreased. The Council did advise them that a permit cost should cover only the cost to the city for the inspection of the home and that we presently charged one of the highest fees in the metroplex area. Councilman Shipman noted also that Fox & Jacobs has also done many positive things in the growth of this city. Suzanne Hammonds, a member of the audience, agreed but still expressed her concern with the proper growth of the city. Generally, the members of the audience agreed that it was Fox & Jacobs' responsibility to make wise business decisions but that it was the City Council's responsi- bility to protect the quality of life of the citizens already living in their community. Bill Longo, a member of the audience, was recognized and stated that he, too, was concerned with lower income housing becoming predominant in the city and did recommend that a minimum square footage be set. He also stated that he was also concerned with the vast amount of rental property in The Colony and that this did lead to deteriorating neighborhoods. Bob Brown, a member of the audience, stated that the city now had the opportunity to limit and control the growth of The Colony. He did cite that many of the old Today areas are also areas in The Colony with the highest crime ratios. Chief Ristagno did state that Sections 2 and 5 are Today areas and do have a high call load; however, Section 8 also has a high call load, and this is an Accent area. Some members of the audience also expressed concern with shabby interior construction. Councilman North -2- 000927 agreed that he does not want a poor standard of construction and was concerned that air conditioning has become an option. Regarding the permit moratorium, Mike Stanfield, a member of the audience, asked if this could be continued for three weeks. Mr. Savage said that, in consulting with Fox & Jacobs, he was advised that work crews would have to be let go, mortgage money was good for only a certain period of time and that people did have contracts on these homes; therefore, a continuation of the moratorium would definitely hurt Fox & Jacobs. After further discussion, Mayor Turner stated that he felt to hold construction permits on the 90 cottages already sold would be a mistake but that future permits could be held until the Planning and Zoning Commission and the City Council had reached a decision. The Council and, generally, the members of the audience did concur with this. Councilman Shipman then moved that the expedited zoning schedule be followed with the Planning and Zoning Commission holding a Public Hearing on August 18 and that the City Council conduct a Public Hearing on August 24, that the moratorium on the 90 permits be lifted, however, that all future permits be held until a decision can be made by the city. Councilman Dodds seconded this motion. Councilman North requested that this motion be amended to request that the moratorium on the permits also include new housing that might be built without garages. Councilman Shipman so amended his motion; Councilman Dodds so seconded. Bob Brown, a member of the audience, stated that if the permits had not been issued prior to the sale of the homes then the city had no legal obligation to Fox & Jacobs. After further discussion, Mayor Turner called for a vote on the motion on the floor. The motion carried by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mayor Turner then announced that there would be a ten-minute break before the budget Public Hearing. 5. PUBLIC HEARING ON PROPOSED BUDGET FOR THE 1981-82 FISCAL YEAR Councilman Shipman moved that the hearing be opened. Seconded by Councilman Dodds, the motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None Mr. Savage, City Manager, presented a brief overview of the budget, stating that his recommended budget reflected a 5% tax increase. The primary reason for this increase is due to the small increase in the total tax base for this year. This 5% increase represented an average $20 per year to the homeowner in The Colony. He advised the members of the audience that he had reviewed the department budgets as presented and reduced numerous line item accounts and that he did recommend the inclusion in the budget of the following packages: 1. Fire Personnel $ 80,904 2. Ambulance 7,500 3. Community Development Personnel 26,527 4. Street Material 12,500 5. Fire & Medical Equipment 8,421 6. Master Plan 15,000 7. Library 17,000 8. Parks Maintenance Personnel 5,120 9. Community Development Compound 15,000 10. VOE 4,683 11. Police Rank 3,739 12. Park Pickup 4,191 13. Police Recorder 5,946 -3- 000928 Other items that he did request the Council to consider placing in the budget are: 1. Master Land Use Plan $15,000 2. Library package 17,000 3. Employee salaries--7½% cost of living in October and up to 5% performance increase in April 83,880 4. Longevity pay--S4.00 per month 2,400 per year for all employees He did advise that this budget is based on current revenue estimates and, if these revenues are cut, then there would have to be some adjust- ments made to the budget. Mayor Turner then asked for comments for or against this budget from the floor. Bill Longo stated that he was con- cerned with the hiring of six firemen and the effect on the morales of our existing volunteers, and he was also concerned with some sort of compensa- tion for our volunteer firemen. Mr. Savage answered that he had worked in cities where professional and volunteer firemen did work together ade- quately with the professionals primarily the first line of response. He also advised Mr. Longo that the Council had discussed at the last budget work session various compensation plans for the volunteer firemen. He assured that the final answer had not been reached but that money was provided in this'budget. Helen Gray stated she still felt that there was a need for paramedics in The Colony. D. J. Reiner was concerned regarding the schedule for the firemen. Mr. Savage said they would be working 24- hours shifts, however, there has been no provision for leaves, holidays, etc., so there will be times when the staff will be less than adequate. He also advised Mrs. Reiner that the best qualified will be hired for these upcoming positions. There being no further comments for or against this budget, Councilman Dodds moved to close the Public Hearing. Seconded by Councilman North, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 6. CONSIDERATION OF THE ORDINANCE ADOPTING SAID BUDGET Mayor Turner stated that the city manager did recommend the tabling of this ordinance, since the tax rolls had not been certified and that the building permit revenue has not been finalized. Councilman Shipman agreed that he also was concerned regarding revenue but felt that if this item did need to be looked at at a later date, the budget could be amended at that ~ime. Mayor Turner then read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 1981 THROUGH SEPTEM- BER 30, 1982; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. Councilman Shipman moved to approve the passage of this ordinance adopting the 1981-82 budget as amended in Section 2. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 7. CONSIDERATION OF PRELIMINARY AND FINAL PLAT FOR GRIFFIN SQUARE SHOPPING CENTER Representatives from Powell & Powell Engineering were present to present the plats prepared for lots 1 and 3. Mr. Mike Millican advised the Council that he was not aware that the plat for lot 2, the Wal-Mart store, had not arrived. He then presented the plans for the Council to review and advised them that the Planning & Zoning's recommendations as well as the city engineer's recommendations had been incorporated into the plans. The Council was primarily concerned with the flow of traffic into and out of the shopping area. Mr. Bradburry advised them that FM 423 and South Colony Blvd. would be signalized. Mr. Bradburry also stated that, although the Wal-Mart preliminary and final plat had not arrived, all of the easements -4- 000929 are included on these existing plats 1 and 3. After a brief discussion, Councilman Shipman moved to approve the preliminary and final plat on lots 1 and 3, contingent on the future filing of lot 2 by Wal-Mart and payment of fee and also contingent upon their requirement that the City Council must approve the final plan for the traffic flow onto FM 423. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 8. CONSIDERATION OF PASSAGE OF ORDINANCE PROHIBITING THE PARKING OF COMMERCIAL MOTOR VEHICLES ON ALL PUBLIC RIGHT OF WAYS Mr. Savage gave the members.of the audience background information regarding this ordinance. He explained that this ordinance repealed an earlier ordinance that did allow parking on roadways wider than 36 feet by commercial motor vehicles. He did emphasize this ordinance does not apply to parking on private property. Mayor Turner then read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REPEALING ORDINANCE NO. 160; ADDING SECTION 7(f), ORDINANCE 147 TO PROHIBIT THE PARKING OF ANY COMMERCIAL MOTOR VEHICLE UPON A PUBLIC STREET, ALLEY, PARKWAY, BOULEVARD OR OTHER WAY; 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 moved that this ordinance be approved. Gouncilman North seconded this motion. Prior to voting, Mayor Turner asked if there was any discussion. David Webster was recognized and stated that he drove a Frito-Lay truck and was concerned that he now could not park his vehicle within the city. Mr. Savage said that there had been some confusion regarding step vans, and he felt reasonably sure that Mr. Webster's Frito-Lay truck did not register over 4,000 pound carrying capacity. Mr. Jerry Campbell was recognized and expressed concerns not only regarding this ordinance prohibiting the parking of a commercial motor vehicle on public streets but was also concerned that the zoning ordinance prohibits him parking his vehicle on his own private property. Mr. Savage explained that the zoning ordinance addresses land use, and the intent of the ordinance is to separate commercial use from residential use; therefore, commercial vehicles are not allowed if they are registered with a one-ton carrying capacity. There followed a lengthy discussion regarding the hardship that will be faced by some Colony citizens that do drive commercial motor vehicles to their resi- dences. Joel Marks requested that the Council consider extending the grace period. It was clarified that the grace period would extend to August 7; however, the Council really has no legal authority to extend a grace period past that point. Mayor Turner then asked for a motion to table the passage of this ordinance due to some confusion on certain points. There was no motion to table. Mayor Turner then called for a vote on the motion on the floor. The motion passed by the following roll call vote: Ayes: Councilmen North, Shipman and Dodds Noes: Councilman Adeler 9. CONSIDERATION OF ACCEPTANCE OF ATHLETIC FIELD LIGHTING BIDS AND AUTHORIZATION ORDINANCE ON SAME Mr. Savage stated that in the Council's packet was an agreement signed by Mr. Ortega to include in the original bid cost of $8,000 installation. Based on this agreement, Mr. Savage as well as Mr. Herold, Director of Park & Recreation, did recommend that the bid be awarded and the authorization ordinance be passed. Councilman Shipman asked Mr. Herold if he now felt comfortable in placing lights on the Arbor Glen field. Mr. Herold advised the Council that the exact location for the placing of the lights had been defined and should not be a problem for any nearby residents. He also added that the Camey field was still under study and that he did feel that the play in that area should be restricted. Mayor Turner asked how Mr. Ortega would be paid for these lights. Mr. Savage stated that he did recommend that the entire amount be paid after the lights were installed and tested to assure that they were in working condition. The Council concurred with this. Mayor Turner then read aloud the following captioned ordinance: -5- 0009,30 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ATHLETIC FIELD LIGHTING WITH RICHARD ORTEGA; ATTACHING THE APPROVED FORM OF THE CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman North moved to accept the bid contingent on one payment being made after installation and also moved that the authorization ordinance be passed. Seconded by Councilman Shipman, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 10. CONSIDERATION OF A JOINT RESOLUTION WITH THE MUNICIPAL UTILITY DISTRICT REGARDING SANITATION SERVICES FOR THE COLONY Mr. Savage stated that the enclosed resolution had been passed by the Municipal Utility District Board Directors and he did feel that it is necessary to bring it back to the Council at this time. He was concerned primarily with the fact that the landfill contract would terminate in October 1981. He advised the Council that he had had a phone conversation with the manager of this landfill and had been assured that Carroll Trash Service could continue using the landfill for the next two months, November and December. Mr. Savage stated that he did not think that this would be a problem but the arrangement was not as clean as he would have liked. Councilman Shipman requested that Mr. Savage clarify this point by letter. It was so noted. Mayor Turner then presented to the Council the following resolution: JOINT RESOLUTION THE COLONY MUNICIPAL UTILITY DISTRICT THE CITY OF THE COLONY WHEREAS, The Colony Municipal Utility District (the District) provides sanitation services for The Colony through a contract with a private hauler; and ~ WHEREAS, the current contract expires December 31, 1981; and WHEREAS, the District has a contract with the City of Farmers Branch to provide a landfill for the disposal of solid waste; and WHEREAS, the landfill contract expires on October 31, 1981; and WHEREAS, the City of The Colony (the City) has decided to assume responsi- bility for providing sanitation service; and WHEREAS, the City has the primary authority in providing sanitation service in that it is able to grant a franchise; and WHEREAS, the City can provide enforcement for sanitation ordinances in an effort to prevent unauthorized disposal of solid waste; and WHEREAS, the District can continue to provide billing services; NOW THEREFORE BE IT RESOLVED 1. That the Board of Directors of the District and the City Council of the City do hereby agree that the City will assume responsibility for providing sanitation services, including the Landfill Contract with the -- City of Farmers Branch as these contracts expire; and 2. Taht the Distirct will provide billing services for the City at a rate to be determined in an Interlocal Agreement between the two entities. Passed and Approved this the 23rd day of July, 1981. ATTEST: /s/ Sandra Shearer, Secretary THE COLONY MUD, /s/ Harry B. Hunsicker, /s/ Janice Carroll, City Secretary President of the Board of Directors THE CITY OF THE COLONY, /s/ Richard Turner, Mayor -6- 000931 Councilman North then moved to approve the passage of said resolution. Seconded by Councilman Adeler, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 11. CONSIDERATION OF PASSAGE OF ORDINANCE SUSPENDING THE ELECTRICAL RATES FOR AN ADDITIONAL 30 DAYS Mr. Savage stated that as expected, Mr. Butler of the Texas Municipal League did recommend that the city take this action. Mayor Turner read aloud the following captioned ordinance: AN ORDINANCE SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF TEXAS POWER & LIGHT COMPANY FOR 30 DAYS FROM AUGUST 7, 1981; PROVIDING THAT THE RATES OF SAID PUBLIC UTILITY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; AND PROVIDING FOR NOTICE HEREOF TO SAID PUBLIC UTILITY. Councilman Shipman then moved that this ordinance be passed. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 12. RECEIVE CITY MANAGER'S STATUS REPORT Mr. Savage advised the Council that Bill Jones, the former Animal Control Officer, had completed Police Officer Certification School and was now on duty and riding with a training officer. He advised the Council that the utility district's bond proposition for acquiring Dallas water did pass resoundingly. The August 1 flea market was a success in the city, and The Colony did break the existing record for shaving the most number of beards in a one-hour period. He stated that staff had received a legal opinion from Mr. Dillard regarding military leave, and it has been concluded that it must be paid. He reminded the Council to be reviewing appointments to the Industrial Development Corporation as this will be a future agenda item. He also planned to give the Council an update on the Arbor Glen park development at the next work session, particularly contingent on the purchase of the lighting. The installation of TV cable was on schedule according to Mr. Rischer, and things seem to be going smoothly advised Mr. Savage. He also asked that the Council consider again appointments to a Board of Adjustment and Appeals. There being no further action to be taken by the Council, Councilman North moved that the meeting be adjourned. Seconded by Councilman Adeler, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mayor Turner adjourned the meeting at 11:44 p.m. /