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HomeMy WebLinkAbout06/14/1982 City Council 001186 MINUTES OF THE CITY COUNCIL OF THE CITY OF THE COLONY HELD ON JUNE 14, 1982 A REGULAR SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:30 p.m. at the CATV Building with the following members present: Gene Pollard Mayor Scott North Councilman Larry Sample Councilman Norman Adeler Councilman Charlie Parker Councilman Charles Dodds Councilman Marlene Poole Councilman and with no members absent, a quorum was established. 1. APPROVAL OF MINUTES Councilman Parker moved that the minutes of the Council meeting held on June 1, 1982, be approved as presented. Seconded by Council- man Sample, the motion was passed by the following roll call vote: Ayes: Councilmen North, Sample, Adeler, Parker, Dodds and Poole Noes: None Abstention: Mayor Pollard 2. CITIZEN INPUT Mayor Pollard recognized Mr. John Botkin. Mr. Botkin stated that he was a representative of The Colony Jaycees and that today was Flag Day, a National Holiday. At this time, he asked if the Council had any objection to him leading them in a pledge to the flag. After the pledge to the flag, Mr. Botkin gave a presentation on the meaning of the flag and urged all citizens of The Colony to fly the flag at the Fourth of July celebration. In a brief discus- sion of this presentation, the Council did concur that flags should be put in the CATV Building when Council meetings are being held. 3. RECEIVE CITY MANAGER'S STATUS REPORT Mr. Savage advised the Council that the Paige Road drainage project was complete and that we would be able to see how effective this repair work was after the next rain. He advised the Council that the sidewalk had been installed on North Colony Boulevard west of FM 423 in anticipation of school children walking to the new Stewarts Creek Elementary School. He stated in a phone conversation with Dan Almon of Rauscher Pierce Refsnes that they had tentatively discussed Mr. Almon being present at the June 28th meeting to discuss mortgage revenue bonds with the Council. He advised that updated tax rolls are now being prepared based on the new evaluations from the Denton County Tax Appraisal Dis- trict Board. These evaluations will be mailed to all new residents this month. Mr. Savage advised the Council that he is continually working on information that should be included in a demographic survey as well as various ways that this survey could be handled. He did -1- 001187 emphasize that the city should work with the utility district in sharing the cost and information. He felt that there were several organizations in the community that could do this work, and he said that he would be bringing additional information back to the Council at a later date. Mr. Savage advised the Council that he had received an engagement letter this week from the firm of Peat, Marwick, Mitchell & Company. He stated that this letter advised him that they would like to begin the audit process this month. At this time, Mr. Savage reminded the Council that last year they did go through a selection process, and he asked if they would like to do the same this year. Councilman North asked what cost figures were quoted in this engagement letter. Mr. Savage answered that the top cost could be $11,750. Councilman Sample was concerned with this increase in cost over the first audit when the preliminary work is done. Mr. Savage stated that he could not answer for the auditors, but he felt that last year's cost did not recover the total cost of the audit, and that they are looking at recouping more of this cost in the second Year. After a brief discussion of procedure, Councilman North suggested that this be discussed at the next Council meeting in more detail. Councilman Parker requested that Paul Zucconi of this firm be present so that their questions could be answered. Mr. Savage reminded the Council that two grants, one for the fourth- year funding for the juvenile officer and a recorder system for the central communications system were before the Criminal Justice Board at this time. However, we have not heard anything from this agency regarding their approval. Mr. Savage stated that three Council members did attend a Texas Municipal League workshop for Councilmen in Austin recently and asked if they had any comments regarding this seminar. Councilman Poole stated that she felt very comforted in finding that all cities shared many of the same problems and also that these problems had been handled properly by The Colony. She did say that the seminar was generally very informative for her. Councilman Adeler noted that Plano Councilman, Mrs. Shapiro, has been elected President of the Council of Governments in this area as well as the Texas Municipal League Region 8 President. Councilman North stated that he particularly enjoyed a session conducted by Mr. Bill Evans regarding new innovations in city management. He stated that some of these innovations, such as the take-home car for policemen, a paid fire chief when the majority of the firemen are volunteer, and contracting services are presently being done by The Colony. Councilman Adeler stated that the primary theme of the seminar was concern for the coming federalism. Councilman North added that he did see a film titled "Anywhere USA", and he thought this film would also be bene- ficial for all of the Council to view. He requested that the staff look into getting a copy of this from the Texas Municipal League. EMERGENCY ITEM: CONSIDERATION OF CALLING TWO PUBLIC HEARINGS ON THE ANNEXATION OF 11.058 ACRES LOCATED WEST OF FM 423 AT NASH DRIVE Janice Carroll, City Secretary, advised the Council that this emergency item was posted within the 72-hour limit but was needed due to a mistake by the City Secretary Department on the legal publication of the hearing for this evening, June 14th. She stated that the improper legal description of the land was published and that the hearings previously planned for tonight could not be conducted. However, after reviewing the schedule, she advised them if they called the hearings again this evening, and she published the hearing notice on June 17th, the hearings could be conducted at the June 28th meeting. After a brief discussion of this procedure, Councilman Adeler moved to call the hearings, one being held on the land to be annexed, the second being held at the Council meeting for June 28th. Seconded by Councilman Parker, the motion was passed by the following roll call vote: Ayes: Councilmen Sample, Adeler, Parker, Dodds and Poole, Mayor Pollard Noes: Councilman North -2- 001188 5. CONSIDERATION OF RESOLUTION IN SUPPORT OF LEWISVILLE INDEPEN- DENT SCHOOL DISTRICT'S ENDEAVOR TO CONSTRUCT B. B. OWENS HIGH SCHOOL Mayor Pollard read aloud the following Resolution: WHEREAS, the Lewisville Independent School District owns a fifty acre tract of land known as the B. B. Owens property north of the City of The Colony, and WHEREAS, the District may desire to construct a school facility on the property, and WHEREAS, the property is located within the extraterritorial jurisdiction of the City of Frisco: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: 1. That the City of The Colony endorses the Lewisville Independent School District in its efforts to seek annexation of the B. B. Owens property into the City, and 2. That the City of The Colony agrees to provide all necessary police and fire protection and other municipal services, and 3. That the City of The Colony agrees to work with the Colony Municipal Utility District to obtain water and sewer ser- vice. PASSED AND APPROVED ON THE DAY OF , 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman North moved to approve this Resolution. Seconded by Councilman Adeler, there followed a brief discussion. Mr. Savage did remind the Council that if they did meet with the School Board on June 21st, it would be necessary to cancel the regularly -scheduled Council meeting. Councilman Sample asked if Dr. Burkett felt that a 37-foot street right of way was ade- quate access to the school. Mr. Savage said that yes this was correct. Mayor Pollard clarified that this Resolution gave no restrictions as to the type of school that would be built in this location. There followed a lengthy discussion regarding the background of this situation and the action to be taken by the Council. Several members of the audience had questions regard- ing the Council's role in the Board's decision. Councilman Parker did explain that the City Council has no jurisdiction, only LISD, but that all Colony residents, as individuals, do, and he urged them to go directly to the School Board with their concerns regard- ing the high school being built in that area. After further discussion, Councilman North moved to call the question from the motion on the floor. This was carried by the following vote: Ayes: Councilmen North, Adeler, Parker, and Dodds, Mayor Pollard Noes: Councilmen Sample and Poole 6. RECEIVE GOALS COMMITTEE REPORT Mr. Charles Hammons, Chairman of the Goals Committee, presented the report to the Council for them to review. He stated that he and the Committee felt this was a good beginning for a new master plan for The Colony. He did state that it is the Committee's first priority request that the Council have a detailed demographic survey of this area in the near future. He emphasized that this survey must be a study that can be repeated at pertinent intervals. He stated that the citizens' primary concerns were: (1) Traffic and access into and out of The Colony, (2) more recreational facilities (swimming pool), and (3) more commercial and retail development. He then reviewed the nine items of the report for the Council and asked if they had any questions. At this time, there were no questions, and he summarized by saying that the Committee members have spent many hours on this and would like to -B- 001189 thank the City Council for the opportunity to have this input into The Colony's growth. Councilman Sample did ask for the statistics on some of their studies. Mr. Hammons said he was gathering that information for them. At this time, Mayor Pollard did extend his thanks as well as the Council's to the Goals Committee for their work. Councilman Poole then moved to accept the Goals Committee report as presented and forward it to the Planning and Zoning Commission for review. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pollard asked that a Resolution of commendation for the Goals Committee be placed on the June 28th agenda. 7. CONSIDERATION OF RESOLUTION OF SUPPORT FOR THE ESA SPONSORED COLONY BLOOD DRIVE Mr. Savage introduced this Resolution by giving the Council some background regarding this need. Mayor Pollard read aloud the following Resolution: WHEREAS, the City Council is always concerned with the general welfare of the citizens of The Colony and of the organizations that are representative of our citizens, and WHEREAS, the City Council is supportive of all endeavors in the City of The Colony which are for the general welfare by these organizations, and WHEREAS, Epsilon Sigma Alpha is a service and social sorority in the City of The Colony and supports The Colony Blood Bank by sponsoring an annual blood drive: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That it is supportive of the 1982 Blood Drive sponsored by the Epsilon Sigma Alpha Sorority to be held on Sunday, June 27, 1982, from 1-4 p.m. at Amrein's in The Colony Square Shopping Center. PASSED AND APPROVED THIS DAY OF , 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman North moved that this Resolution be passed as presented. 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 RESOLUTION SUSPENDING FOR THIRTY DAYS FUEL ADJUSTMENT CLAUSE CHANGE REQUESTED BY TEXAS POWER & LIGHT COMPANY Mr. Savage stated that TP&L did file applications with the city and the Public Utility Commission to modify its fuel adjustment clauses as a result of the successful law suit brought by various cities and cooperatives against TP&L, its sister companies and the PUC. In order to settle this lawsuit which the company had appealed to the Austin Court of Civil Appeals, the company has offered to make additional improvements to its fuel adjustment clause. This offer, Mr. Savage advised, is now being considered by various cities and co-ops which are parties to the lawsuit. To facilitate this settlement consideration, TP&L did agree to postpone the stated effective date which requested revision until June 12, 1982. Mr. Savage stated that the Council has previously passed an ordinance suspending this effective date until June 12, 1982, however, now that TP&L has agreed to this suspension, it is now possible for us to extend an additional 30 days to be -4- 001190 sure that we have time to act upon the settlement proposal. This will extend this time period to July 12, 1982. Mayor Pollard then read aloud the following Resolution: A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, SUSPENDING THE OPERATION OF A PROPOSED FUEL COST FACTOR TARIFF FILED BY TEXAS POWER AND LIGHT COMPANY FOR AN ADDITIONAL THIRTY (30) DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, on December 4, 1981, the District Court of Travis County, Texas, 200th Judicial District entered a final judgment in favor of various cities and cooperatives served by Texas Power and Light Company ("TP&L") and adverse to TP&L; WHEREAS, TP&L did on December 9, 1981, file a proposed fuel cost factor tariff for service within the City of The Colony to become effective January 13, 1982, the operation of which was suspended for a period of 120 days from January 13, 1982; WHEREAS, TP&L did subsequently amend its stated intended effective date extending it for a period of thirty days to February 12, 1892; WHEREAS, with the agreement of TP&L, the suspension heretofore adopted by the City of The Colony was extended for an additional thirty days to June 12, 1982; WHEREAS, it is the opinion of the City Council of the City of The Colony that the implementation of the proposed modified fuel cost factor tariff and procedure for approval of payments to affiliates should be suspended for an additional period of thirty days from June 12, 1982, until July 12, 1982, so that a proposed settlement agreement regarding the proposed modification to the fuel cost factor rate schedule and procedure for approval of payments to affiliates can be considered and so that a public hearing can be conducted, if necessary; WHEREAS, a copy of this Resolution has been provided to TP&L; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That, pursuant to Section 43(d) of the Public Utility Regu- latory Act, the operation of Texas Power and Light Company's proposed modified fuel cost factor tariff and procedure for approval of payments to affiliates is hereby suspended for an additional period of thirty days from the intended effective date, as modified by TP&L, or 150 days from the intended effective date, as modified by TP&L, so that a settlement proposal can be considered and a public hearing conducted, if necessary. ADOPTED by the City Council of the City of The Colony, Texas, on this the day of , 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman Dodds moved that this Resolution be approved as presented. The motion was seconded by Councilman Parker. Mr. John Turner, a representative of Texas Power & Light Company, stated that he did not have any official presentation at this time but would be happy to answer any questions that the Council might have. He again reviewed the procedureon this negotiation and assured the Council that whatever the outcome was, this would not have any direct effect upon the actual rate charged to the customers. There being no further discussion, Mayor Pollard called for a vote on the motion on the floor. The motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 9. CONSIDERATION OF ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS POWER & LIGHT COMPANY Mr. Savage advised the Council that after a week of negotiations at the PUC, representatives of cities have agreed to recommend -5- 001191 to all cities a proposal which would allow TP&L an increase in base revenues of 10.23%, or about $69 million. This proposal also includes a $2.9 million refund of carrying costs previously paid by the customers on the portion of Comanche Peak nuclear generating facility being sold by the company. Mr. Savage advised the Council that although the steering committee has met and recommended this settlement unanimously, it is still subject to approval by the PUC and each city. He told the Council that it was Mr. Butler's opinion (the TML lawyer representing the cities) that although the increase is higher than it should be, it is $6 million below what the PUC staff recommended. Historically, the Commission has awarded increases to TP&L somewhat over what its staff recommends, Mr. Butler has advised the cities, and the PUC normally grants generous increases to TP&L and its sister companies because it routinely allows construction work in progress in the company's rate bases and makes certain that an AAA bond rating will be maintained. Therefore, it is Mr. Butler's opinion that the result is much better than what would come out of a PUC hearing. Mr. Savage also clarified that the increase will apply to all service rendered after July 1, 1982. Mayor Pollard then read aloud the following captioned ordinance: AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS POWER AND LIGHT COMPANY IN THE CITY OF THE COLONY, TEXAS, PROVIDING FOR SCHEDULES, CONDITIONS, SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES. Councilman Parker was concerned that this ordinance approving the rate is in fact before the PUC rules on it. Mr. John Turner of TP&L explained that this must be agreed by all parties and accepted by the PUC however, if the PUC does not act upon this agreement, it will not be necessary for the cities to repeal this ordinance, as the PUC does have jurisdiction and can act on one appeal for all cities. There followed a brief discussion of the nuclear plant at Comanche Peak and its progress. Mr. Turner did clarify that the finance charges on the money used for the construction is included into the rate but not the actual cost of the plant until it is actually completed and on line. There being no further discussion, Mayor Pollard called for a vote on the motion on the floor. The motion passed by the follow- ing roll call vote: Ayes: Ail members present voted aye Noes: None 10. CONSIDERATION OF ORDINANCE AMENDING SECTION 307 OF THE BUILDING CODE TO REQUIRE A CERTIFICATE OF OCCUPANCY FOR A CHANGE OF OWNERSHIP OR OCCUPANCY OF A RESIDENTIAL DWELLING Mr. Savage advised the Council that Agenda Item No. 10 and Agenda Item No. 11 were corresponding ordinances, and he could deal with them at one time, although they had to be acted upon separately. He advised the Council that these ordinances will enable the Community Development Department to inspect housing units on a change of occupancy basis. In order to implement this program, a fee has to be established for the inspection of housing units, and this fee is addressed in Agenda Item No. 12. He stated that he recommended that the base fee be set at $15 and that this would cover the initial on-site inspection and one follow up. If additional inspections are made, the Uniform Building Code procedure for an hourly billing rate will apply, Mr. Savage ex- plained. He stated that the fiscal impact of this program is difficult to measure. The Municipal Utility District did have 225 new customers in the month of May. Some of these customers moved into new homes, which were inspected under the regular inspection program, and the activity in May is probably higher than average. Mr. Savage stated that a more realistic number of inspections might be in the 100 to 150 range and, if the fee is set at $15 for the CO, this will generate monthly revenue in -6- 0O1192 the range of $1,500 to $2,250. Annually, this would generate $18,000 to $27,000. The cost of administering this program would depend upon other building activity. He added if residential construction is slow, then the inspectors will have more time which will be used to implement this program. If construction activity picks up, it is possible that an additional inspector might be needed to conduct the work. Mr. Savage stated that he would like to try the program based on this fee before making a final recommendation regarding the permit fee cost or the man- power impact. Further, he advised the Council that the ordinance that was prepared by the attorney is essentially the same as the draft ordinance presented to them earlier for their review. Procedurally, he stated that it must be published, and will not go into effect until ten days after publication, which will be Sunday, June 27th. At this time, Councilman Dodds moved to approve the ordinance amending Section 307 of the Building Code of the City of The Colony to require a Certificate of Occupancy for a change of ownership or occupancy of a residential dwelling unit. This motion was seconded by Councilman Sample. Prior to voting, the Council expressed concern regarding the immediate notification of those involved in this ordinance. Mr. Savage explained that the Community Development Department will have to work with MUD and will have to notify landlords and realtors, possibly through a handout at MUD. He advised the Council that judgment will have to be used in the enforcement of this ordinance in the beginning. Councilman Sample stated that he did under- stand that, however, he did want it noted as a matter of record that it is the intent of this Council that this ordinance be strenuously enforced. At this time, Mayor Pollard read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING SECTION 307 OF THE BUILDING CODE OF THE CITY OF THE COLONY; REQUIRING A CERTIFICATE OF OCCUPANCY FOR A CHANGE OF OWNERSHIP OR OCCUPANCY OF A RESIDENTIAL DWELLING UNIT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Pollard then called for a vote on the motion on the floor. The motion passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 11. CONSIDERATION OF AN ORDINANCE ESTABLISHING MINIMUM STANDARDS FOR ALL BUILDINGS OR PORTIONS THEREOF USED FOR RESIDENTIAL DWELLINGS Mayor Pollard read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ESTABLISHING MINIMUM STANDARDS FOR ALL BUILDINGS OR PORTIONS THEREOF USED, OR DESIGNED OR INTENDED TO BE USED, FOR HUMAN HABITATION; ESTABLISHING PROCEEDINGS FOR THE ABATEMENT OF SUBSTANDARD BUILDINGS; ESTABLISHING 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 Dodds moved to approve the ordinance establishing minimum standards for all buildings to be used for human habi- tation. Seconded by Councilman North, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 12. CONSIDERATION OF RESOLUTION ESTABLISHING AN INSPECTION FEE FOR THE CERTIFICATE OF OCCUPANCY REQUIREMENT Mr. Savage stated that he did again recommend a $15 fee as out- lined by the Uniform Building Code. He did feel it was possible -7- 001193 to recover the cost based on this fee, however, he did add that we were presently reviewing all budget fees for the upcoming fiscal year and, after actual experience doing these inspections, the cost might need to be increased. At this time, Mayor Pollard read aloud the following Resolution: WHEREAS, the City of The Colony has adopted the latest edition of the Uniform Building Code and its fee schedule, and WHEREAS, the City of The Colony has provided by this adoptive ordinance the ability to amend this fee schedule by resolution, and WHEREAS, the City of The Colony has by ordinance amended Section 307 of the Uniform Building Code to require a Certificate of Occupancy for a change of ownership or occupancy of a residential dwelling: NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Does hereby adopt a standard permit fee of $15.00 for the inspection of residential dwelling upon a change of occupancy or ownership prior to the issuance of a new Certificate of Occu- pancy. PASSED AND APPROVED ON THE DAY OF , 1982. /s/ GENE POLLARD, MAYOR ATTEST: /s/ JANICE CARROLL, CITY SECRETARY Councilman North moved to approve this Resolution as presented. This motion was seconded by Councilman Parker. Councilman Sample stated that he was concerned that the inspection of the property will take more than one hour and feels that the fee cost should be increased to $30. Mr. Savage stated that if the actual inspec- tion does take more than one hour then the staffing and the fee needs to be looked at again. Mayor Pollard clarified that this $15 fee is not based on any actual cost figures at this time and must be studied. There followed a lengthy discussion of a cost recovery fee for this inspection process. After further discussion, Councilman Sample stated that the program should be self supporting and not based on a current situation which involves a light inspection load for the current inspectors. Councilman Sample then moved that the Resolution be passed amend- ing the inspection fee to $30. This motion was seconded by Coun- cilman Poole. Mayor Pollard called for a vote upon the motion on the floor. The motion failed by the following roll call vote: Ayes: Councilmen Sample and Poole Noes: Councilmen North, Adeler, Parker and Dodds, Mayor Pollard Then followed discussion on the original motion to pass this Resolution with a $15 permitting fee. Councilman North stated that he did have the same concern as Councilman Sample and would have no hesitation in altering the $15 fee at a later date. John Botkin, a member of the audience, felt that the Council might consider a penalty or additional fee for each revisit that the inspectors have to make to the property. Mr. Savage did remind the Council that the Building Code does provide for a charge of $15 as an hourly rate for every inspection past the second inspection. Helen Gray, a member of the audience, asked if this ordinance would address itself to present problems in homes that are occupied. Mr. Savage said it does not addresss this particular area. After further discussion, Mayor Pollard called for a vote on the motion on the floor to pass the Resolu- tion with a $15 fee. The motion passed by the following roll call vote: Ayes: Councilmen North, Adeler, Parker and Dodds, Mayor Pollard Noes: Councilmen Sample and Poole 8 001194 13. CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS 10-210 AND 10-301 (124) OF THE COMPREHENSIVE ZONING ORDINANCE TO REMOVE THE REQUIREMENT OF A SPECIFIC USE ZONING FOR TEMPORARY CIRCUSES AND CARNIVALS Mr. Savage advised the Council that on May 17, 1982, they did conduct the required Public Hearing for this zoning amendment ordinance. He explained to them that this ordinance exempts temporary circuses and carnivals from the zoning procedure. He advised that the definition of a temporary circus or carnival specifically states that it is to be in the city less than three weeks. It also states in this definition that this temporary circus or carnival is subject to a permitting procedure. He stated that Agenda Item No. 14 is the ordinance which addresses this permitting procedure. At this time, Mayor Pollard read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY BY AMENDING SECTION 10-210 OF THE COMPREHENSIVE ZONING ORDINANCE TO REQUIRE A SPECIFIC USE PERMIT FOR A CARNIVAL OR CIRCUS; AMENDING SECTION 10-301(124) OF THE COMPREHENSIVE ZONING ORDINANCE TO DEFINE CARNI- VAL OR CIRCUS; 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 Parker moved to approve this ordinance amending the Comprehensive Zoning Ordinance to remove temporary circuses and carnivals from the zoning procedure. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: Ail members present voted aye Noes: None 14. CONSIDERATION OF AN ORDINANCE ERGULATING THE OPERATION OF TEMPORARY CIRCUSES AND CARNIVALS Mayor Pollard read aloud the following captioned ordinance: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REGULATING THE OPERATION OF TEMPORARY CIRCUSES AND CARNIVALS; PROVIDING FOR PERMITS AND FEES; REQUIRING EVIDENCE OF INSURANCE; REQUIRING A CASH BOND; PROVIDING A SEVERABILITY CLAUSE; 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 Dodds moved to approve this ordinance requiring a permit for all temporary circuses and carnivals in the city. This motion was seconded by Councilman North, however, prior to voting, there was a lengthy discussion regarding some of the options. Councilman North stated that he was concerned that Section 14 requires that all circuses and carnivals be within 200 feet of residential dwellings, and he was also concerned with Section 16, which is a cash bond requirement. He stated that the Council was concerned that non-profit groups would not be able to put up $1,000 as a cash bond. Mr. Savage stated that his second concern regarding a bond is to cover damages made by heavy equipment, animals or litter, and that he did recommend that the Council consider inserting at this point that a surety bond through an authorized company to do business in the State of Texas be acceptable also. He stated that he felt the 200 foot requirement dealt with upcoming problems regarding disrup- tions in neighborhoods. He added that he felt that the Lions Club Park would certainly not be a good area for a large carnival endeavor. He reminded the Council also that parking and other facilities must be provided, and this requires a great deal of open space. Councilman North concurred with large endeavors, but did feel like the Lions Club Park could handle small projects. Mayor Pollard felt that the $1,000 requirement would certainly -9- 001195 prohibit any of the non-profit organizations in The Colony from bringing in any circus or carnival. Councilman Dodds stated that he would amend his motion to include the surety bond as an option in Section 16 of this ordinance. Councilman North stated that he also approved this amendment to the motion and would accept it, as he seconded the original motion. At this time, Councilman Poole stated that she had concerns regarding no provisions for the vaccination against rabies and there were no provisions to prohibit cruelty to animals in this. Mr. Savage stated there was a state law that would handle cruelty to animals and the proper caging. Councilman Dodds at this time directed staff to check on the rabies question brought up by Councilman Poole, but said he would like to call the question on the motion on the floor. Ayes: Councilmen North, Sample, Adeler, and Dodds, Mayor Pollard Noes: Councilmen Parker and Poole Mayor Pollard then called for a vote on the motion on the floor. The motion carried by the following roll call vote: Ayes: Councilmen North, Sample, Adeler, Dodds and Poole Noes: Councilman Parker, Mayor Pollard Prior to proceeding to the next agenda item, Mr. John Botkin, a representative of the Jaycees, stated that the circus that they were considering bringing to the city was bonded and licensed through the State of Texas and had adequate insurance to cover most of the problems that could arise. 15. CONSIDERATION OF BUDGET WORK SCHEDULE At this time, Mr. Savage reviewed the memorandum he provided to the Council regarding this budget work schedule. He stated that Town Hall meetings were scheduled for June 30th, July 8th and July 13th and that work sessions after the budget was filed July 15th are scheduled for July 19th, July 21st, July 26th and July 28th. He also added that we are not sure when the city will receive a completed tax roll, and this will certainly impact the procedure for setting the actual tax rate. At this time, Councilman Poole moved to adopt the outlined meetings to handle the budget procedure. Seconded by Councilman Dodds, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 16. CLOSED DOOR SESSION DEALING WITH PERSONNEL/APPOINTMENT TO THE PLANNING AND ZONING COMMISSION Mayor Pollard announced that the Council would now meet in closed door session as authorized by Article 6252-17 of Vernon's Annotated Civil Statutes. 17. CONSIDERATION OF PLANNING AND ZONING COMMISSION APPOINTMENT Councilman North nominated Bruce Sopas for the position vacated by Mr. Kermit Pittman on the Planning and Zoning Commission. Councilman Parker nominated Paul Semones for the same position. Councilman Poole moved that nominations cease. Seconded by Council- man North, the motion passed by the following vote: Ayes: Ail members present voted aye Noes: None Mayor Pollard called for a vote for Bruce Sopas to fill the unexpired term of Kermit Pittman. -10- 001196 Councilman North Aye Councilman Sample Aye Councilman Adeler Aye Councilman Parker No Councilman Dodds Aye Councilman Poole Aye Mayor Pollard Abstention Mayor Pollard called for a vote on Paul Semones to fulfill the unexpired term of Kermit Pittman. Councilman North No Councilman Sample No Councilman Adeler No Councilman Parker Aye Councilman Dodds No Councilman Poole No Mayor Pollard Abstention Prior to adjourning the meeting, Councilman North requested that they return to Agenda Item No. 5. Mayor Pollard did so. 5. CONSIDERATION OF RESOLUTION IN SUPPORT OF LEWISVILLE INDEPENDENT SCHOOL DISTRICT'S ENDEAVOR TO CONSTRUCT B. B. OWENS HIGH SCHOOL Councilman North stated that it was his recollection that the Council only voted to call the question, but did not vote on the actual passage of the Resolution and suggested that this vote be taken at this time. Councilman North then moved to approve the Resolution supporting LISD. The motion was seconded by Council- man Adeler, and passed by the following roll call vote: Ayes: Councilmen North, Adeler, Parker, and Dodds, Mayor Pollard Noes: Councilmen Sample and Poole There being no further business to come before the Council, Council- man Poole moved that the meeting be adjourned. Seconded by Council- man North, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Mayor Pollard adjourned the meeting at 10:20 p.m. ATTEST: JANI,~ CARROLL, CITY SECRETARY -11-