HomeMy WebLinkAbout08/13/1984 City Council Minutes of the City Council
of the
City of The Colony, Texas
Held On
August 13, 1984
The Special Session 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:
Larry D. Sample Mayor
Rick Harris Councilman
Noel Long Councilman
Charles Dodds Councilman
Marlene Poole Councilman
and with the above mentioned members present, a quorum was established.
1. PLEDGE OF ALLEGIANCE
Mayor Sample led the Council and members of the audience in the pledge
to the United States Flag.
2. CITIZEN INPUT
With ten '(10) people signed up on the Citizen Input, Mayor Sample reviewed
the rules of procedure for this agenda item.
Carl Fischer, a landlord, who resides at 3420 Lake Country Court in
Farmers Branch, spoke opposing the new Landlord Licensing Ordinance.
Mr. Fischer was a "spokesman" for the group of property owners in the
audience who's names, addresses, and comments are to follow. Mr.
Fischer stated that he wants The Colony to be seen as a desireable community
but does not believe the Landlord Licensing Ordinance No. 278, is the
way to go about it. He stated that the property owners and investers
view it as discriminatory and "Nazi-like". He says they believe that
the Certificate of Occupancy inspections cover all areas of inspection
needed and this is just an additional inspection which is not warranted.
He also spoke against several sections of the Ordinance such as the smoke
detectors. The Ordinance states that one (1) electric smoke detector
and at least one (I) battery operated smoke detector is required. Mr.
Fischer believes the electrical smoke detector is out-dated, almost impossible
to acquire and not feasible. He also stated concerns about the privacy
of the occupants, his tenants, and the process of the inspections. He
supplied the Council with pictures of his homes, all in good condition,
and other residences in The Colony in not so good condition. Mr. Fischer
also stated that the Ordinance should be recended and if it was not, the
property owners (landlords) would hire an attorney and take it to court.
Mr. Fischer also let it be known that one of his houses that was occupied
was "red tagged" and that he himself had removed the tag and currently
had it in his possession.
Wenona and G.L. Thompson of 10219 Hedgeway in Dallas, spoke also
of their opposition to the Landlord Licensing Ordinance #278 and that
they backed Mr. Fischer in this matter. Further, they stated that they
did not intend on giving anyone permission to inspect one of their occupied
homes. Also, Ms. Thompson stated that they were all for the Certificate
of Occupancy.
Marge & George McCormack of 1933 Candon Lane in Carrollton expressed
their opposition to the Landlord Licensing Ordinance. Basically, they
expressed the need for every home owner to be known and that the landlords
not be singled out. Also spoke in favor of the Certificate of Occupancy.
Mr. & Mrs. McCormack provided pictures of their property and that of
what they referred to as "homeowners".
Mr. Gerald Jantez of 1306 Lincoln in Carrollton, a property owner and
landlord, further expressed his disapproval of the Landlord Licensing
Ordinance.
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Mr. B. Coceh of 2966 Country Place in Carrollton briefly spoke of his opposition
to the Landlord Licensing and backing of Mr. Fischer.
Mr. Steve Bissett who resides at #801 Branch Hollow, further stated his displeasure
with the new landlord licensing Ordinance. Mr. Bissett informed the Council
that he is a tenant of Mr. Fischer's. He stated that he has no problem with
the Certificate of Occupancy inspections, but considered the inspection done
on his home under the Landlord Licensing was indeed an invasion of privacy.
He also stated that the inspector, Ms. 3anice Rose, had told his wife that
one of the main reasons for the inspection was to see if more than one family __
was living in the house. Mayor Sample did remind Mr. Bissett that he did live
in a Single Family zoning.
City Manager, 3anice Carroll, then addressed the citizens with regard to the
number of licenses that have been issued and the procedure of using the tax
roll to mail the notices regarding the inspections & Landlord Licensing procedure.
Ms. Carroll also addressed the problem of red tagging the homes and stated
that some of the procedures needed to be looked into and maybe a revision
on the amount of time given to make repairs on homes that do not pass inspection.
She also reminded everyone that this is a new Ordinance and the City is new
at enforcing it, therefore, we do need to look into some of these procedures.
After further discussion between the Mayor & members of the audience regarding
this Landlord Licensing Ordinance, Councilman Poole then addressed the audience
to give more insight into why the Ordinance was passed, i.e. problems locating
landlords (owners) of houses that were in definite violation of several codes.
It was asked if any other city in the State of Texas had this Landlord Ordinance.
Mayor Sample replied that Farmer's Branch had one but backed down because
of pressure from the landlords, and that Addison did have one and it was stricter
than this one.
The City Attorney, Mr. 3ohn Boyle, then took the floor and explained the problems
of multiple occupancy and being able to locate the actual home owner and
the necessity of a legal means of being able to regulate occupation and safety --
of homes. He went further to say that owning and renting a house is an occupation,
the legal means of regulating it as such, and the fact that the legal means
would not be applicable to those who own and live in their own homes.
Ms. Elizabeth Moore (she did not give an address) then spoke on the problem
of trash and litter located on North Colony and asked why the City officials
did not do something about picking it up. Mayor Sample informed her that
it was on someones property that was ultimately responsible for it. Ms.
Carroll, City Manager, then offered some suggestions to the trash pick- up
and also informed Ms. Moore that the Public Works Department will clean
up right-of-ways, broken glass, etc., when they are made aware of a problem.
3. APPROVAL OF MINUTES OF THE ~IULY 23rd AND JULY 30th MEETINGS
Council Poole made a motion to approve both the July 23rd and July 30th
City Council minutes as written. Councilman Long seconded'the motion.
The motion passed with a unanimous vote.
4. PUBLIC HEARING REGARDING THE REQUEST BY UVALDE CONSTRUCTION
COMPANY FOR A CHANGE OF ZONING FROM SINGLE FAMILY TO A TEMPORARY
SPECIFIC USE PERMIT TO CONSTRUCT A TEMPORARY CONCRETE BATCH
PLANT TO BE IN EFFECT FOR NO MORE THAN SIXTY (60) DAYS EAST
OF ETHRIDGE DRIVE ON NEWTON DRIVE --
Councilman Dodds made a motion to open the Public Hearing. Seconded by
Councilman Poole, the motion passed with a unanimous vote.
Steven A. Reed, Director of Community Services, addressed the Council and
members of the audience regarding this request. He stated that one of the
reasons for this change in zoning was the flow of truck traffic. One option
would be to have the trucks traveling down SHI21 and FM423, along with
the necessary traffic on North Colony and in school zones. Mr. Reed stated
that the alternative to this would be to have all the trucks on-site, refilling
at the batch plant; otherwise, the trucks would have to be making 30 to 40
trips a day to an outside location. He also stated that the batch plant would
be governed by the Texas Air Control Board with regard to pollution. He
went further to state that the Planning & Zoning Commission did have a Public
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~tear:~g or, -{u!v 2~, "~'-., '-' ;~., t~:~', ,:", ~t','.:m,h~('~d ~p2rovaJ of the request.
Mr Reed *her~ stat{-d ~2~ ~,~ v ~.:i¥ ¢r,~'er' aqv q,~e,;tior,s that anyone may
have on this ~:',]~
Mr. ~es White, d re~.ide~,~ {~t '~',- ,';oh:--x.. ~',~ ~2~2 Fryer, then addresse~ the
Coum:il about some of his ~ ,,rw{:'rns Aith regard tc the location of the batch
plant. Mr. White then raised
permit, and,
Mr. Boyle, Cl~x Attorney then replied that this ;s ]h essence d permit and
any failure to live up to the restrict.ons arid guidelines in 1ne Ordinance
changihg the zoning would result in either a I.;qe being assessed or enimmng
them.
Mr. Gregg Price, a representative oJ the Uvalde Construction Company, further
stated that they are indeed governed by the Texas Air Control BoArd and
that they would without a doubI follow their rules and regulations.
After further discussion~ Mr. White asked his second question:
2) Would the Uvalde Construction Company feel as though they were
free to come back Ior an extension of the 60 day temporary' zoning?
Would the Council say there would be absolutely no extension
this temporary zoning?
The Mayor then replied that he would go for a temporary extension for approximately
ten (10) days or so~ but~ he no intention of having a concrete plant in the
City oI The Colony. Councilman Dodds then pointed out that to get an extension
they would have to go through the whole process with the Planning & Zoning
Commission and City Council again; there would be no automatic extension.
3) Where will the aggregate materials be stored?
Mr. Price replied that they will be stored at the plant and wall be watered
down daily.
~) What is the load limit on streets such as North Colony~ Keys~ etc.?
Mr. Price responded that the trucks will be weighed before going onto the
streets and they will not overload the trucks.
Ms. Elizabeth Moore then inquired-about the truck route from the batch
plant to the work site. She was assured that it would ~ where it would
be of the least inconvience to the citizens. It was decided that they would
go down North Colony to Ethridge.
With regard to the Ordinance~ Councilman Dodds recommended that
a ~rtion of it be changed to state compliance with all governmental agencies.
After brief discussion, Councilman Poole moved to close the Public Hearing.
Seconded by Councilman Dodds, the motion passed by a unanimous vote.
5. CONSIDERATION OF AN ORDINANCE CHANGING ZONING FROM SINGLE
FAMILY TO SPECIFIC USE PERMIT ON A TRACT OF LAND GENERALLY
LOCATED 230 FEET EAST OF ETHRIDGE DRIVE ON NEWTON DRIVE
FOR A PERIOD OF SIXTY (60) DAYS
Mayor Sample read the Ordinance caption as follows:
AN ORDINANCE AMENDING ORDINANCE NO,61,
THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF THE COLONY, TEXAS, AS AMENDED,
PASSED AND APPROVED ON JUNE 4, 1979, GRANTING
A ZONING CHANGE ON A TRACT OF LAND WHICH
IS WITHIN THE CITY OF THE COLONY, TEXAS,
AND MORE FULLY DESCRIBED HEREIN; ORDERING
A CHANGE IN THE USE OF SAID PROPERTY FROM
SF, SINGLE FAMILY DWELLING DISTRICT TO
SPECIFIC USE PERMIT WITH ALLOWABLE USE
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ONLY OF A TEMPORARY CONCRETE BATCH PLANT;
IMPOSING A TIME LIMIT OF SIXTY DAYS FROM
PASSAGE OF THIS ORDINANCE ON THE SPECIFIC
USE PERMIT AS A CONDITION UPON THE GRANTING
OF THE SPECIFIC USE PERMIT; REQUIRING SITE
PLAN APPROVAL PRIOR TO ISSUANCE OF A BUILDING
PERMIT; REQUIRING DEVELOPMENT OF THE TEMPORARY
CONCRETE BATCH PLANT TO BE IN ACCORDANCE
WITH ALL RELEVANT REGULATIONS; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGE
AND AMENDMENT HEREIN MADE; PROVIDING
A PENALTY OF NOT LESS THAN ONE DOLLAR
NOR MORE THAN TWO HUNDRED DOLLARS FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED UPON EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS; DECLARING
AN EMERGENCY AND PROVIDING AN EFFECTIVE
DATE.
After a brief discussion, the Council agreed to make the following amendments
in the proposed Ordinance:
Section 6. That said site plan shall be submitted to the Building Official
for final action, and that such plan when finally accepted shall
be made part of this ordinance.
Section 7. That the development of the concrete batch plant shall be in
accordance with all regulations of the City, State, and Federal
governments regarding concrete batch plants.
Councilman Dodds made a motion to pass the preceding ordinance. The
motion was seconded by Councilman Long.
City Manager, Oanice Carroll, briefly discussed the logic behind the amendment
of Section 6 to read "...site plan shall be submitted to the Building Official..."
instead of "...site plan shall be submitted to the Planning & Zoning Commission...".
She stated that since the ordinance has a sixty (60) day time limit, it would
be more expedient to handle it through the Building Official instead of waiting
for another Planning & Zoning meeting. Ms. Carroll also stated that she
would like to be a party to the approval of said site plan.
Without any further discussion, the motion passed by the following roll call
vote:
Ayes: All members present voted Aye
Noes: None
6. PUBLIC HEARING REGARDING THE REQUEST BY FAMILY LIFE ACTIVITIES,
INC., FOR A CHANGE IN ZONING FROM SPECIFIC USE PERMIT - CHURCH
TO SPECIFIC USE PERMIT - DAY CARE CENTER, TO CONSTRUCT A
DAY CARE CENTER ON A TRACT OF LAND GENERALLY LOCATED
NORTHWEST OF THE INTERSECTION OF KEYS AND ANDERSON
Councilman Dodds made a motion to open the Public Hearing. Seconded
by Councilman Long, the motion passed with a unanimous vote.
City Manager, Oanice Carroll, stated that on 3uly 10, 198#, the Planning
and Zoning Commission conducted a Public Hearing on this matter and did
recommend approval.
Mr. Steven A. Reed, Director of Community Services, then addressed the
Council and members of the audience regarding the location of the zoning
change. The question of traffic flow was addressed to Mr. Reed. He responded
that a facility of this size would generate approximately 150 to 200 trips
per day through that area, but felt there would be no significant impact
on the flow of traffic in that area.
Mr. Travis Case and Marion Reed were present from the Family Life Centers
to answer the Council's and members of the audience questions regarding
the Day Care facility. After a brief discussion about affiliations, compliance
with state regulations, etc., Mayor Sample inquired as to whether it was
a profit or non-profit organization. Mr. Case replied that it was a profit
organization, private enterprise and that it was going to be open to the
public.
Mr. Steve Reed advised the Mayor and Council that the proper notices had
been mailed to the citizens within 200 feet of the proposed Day Care Center
and that there had been no negative responses.
Councilman Poole then inquired about outdoor facilities. There followed
a brief discussion regarding the proposed outdoor facilities and activities.
At this time, Councilman Gray arrived at the meeting.
Mr. Case stated that construction is expected to begin in September and
an opening date in March is hoped for.
There being no further discussion, Councilman Dodds moved to close the
Public Hearing and to have staff draw up an Ordinance for the zoning change.
Seconded by Councilman Poole, the motion passed with a unanimous vote.
7. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19 OF THE
CITY CODE OF ORDINANCES TO PROHIBIT THE PARKING OF CERTAIN
VEHICLES ON PUBLIC RIGHT-OF-WAYS
Mayor Sample read the Ordinance caption as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, AMENDING THE
CODE OF ORDINANCES BY AMENDING SECTION
19-1 RELATING TO DEFINITIONS; AND BY PROVIDING
FOR ADDITION OF SECTION 19-2t,, PARKING OF
CERTAIN VEHICLES - PROHIBITED; PROVIDING
A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS
FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS;
PROVIDING A SEVERABILITY CLAUSE AND PROVIDING
AN EFFECTIVE DATE.
A motion was made by Councilman Poole to pass the Ordinance and was
seconded by Councilman Dodds.
City Manager, Janice Carroll advised the Council that Police Chief Ristagno
was present to answer any questions that they may have with regard to
this Ordinance. Ms. Carroll briefly reviewed the reasons behind this ordinance
and it's relation to the Nuisance Ordinance.
There being no further discussion, the motion passed with the following
roll call vote:
Ayes: All members present voted aye
Noes: None
8. CONSIDERATION OF AN ORDINANCE ESTABLISHING AN EVENING CURFEW
FOR JUVENILES WITHIN THE CITY LIMITS OF THE COLONY
Mayor Sample read the Ordinance caption as follows:
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ESTABLISHING
CURFEW HOURS FOR MINORS; PROVIDING DEFINITIONS; REGULATING
USE OF STREETS DURING NOCTURNAL HOURS; PROVIDING
DEFENSES; ESTABLISHING PARENTAL RESPONSIBILITY; PROVIDING
POLICE PROCEDURES; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS, AND THAT EACH DAY THE VIOLATION
CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE; REPEALING
INCONSISTENT ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY AND AN EFFECTIVE
DATE.
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Councilman Long moved to table this agenda item until the meeting of
the next Regular Session. There being no second, the motion died.
There followed a brief discussion of parental responsibility and how the
States statutes govern this area with regard to minors. Ms. Carroll
then addressed the fact that there was memorandum from Chief Ristagno,
Police Department, recommending the addition of "Parks" to the definitions
and in such places where the curfew would specifically be enforced.
Chief Ristagno was present to answer any questions regarding this Ordinance.
Mayor Sample inquired whether the Council was happy with the time
set for the curfew. Councilman Gray expressed her desire to keep the
12:00 a.m. curfew. Councilman Harris stated that possibly a 1:00 a.m.
curfew for the 1#, 15, & 16 year olds would be a little more reasonable.
He pointed out that to go on a date to see a movie, or to go have a
nice dinner, etc., the teenagers would have to go to Dallas, or basically,
outside of The Colony. A midnight curfew would not allow time to get
out of said movie, drive back to The Colony, drop off a date and then
be off of the streets in some cases. Mr. Boyle did point out that this
situation was covered under Section # of the Ordinance, Defenses. Councilman
Harris did express a concern that everyone would then be stopped and
have to provide evidence of movie receipts, etc., to validate their "defense".
Chief Ristagno did state that discretion would be used, as always, in
stopping the individuals. He also concurred with Councilman Poole that
the vandelism and other reasons which constituted the consideration
of this Ordinance did normally occur in the deep night hours, 2:00 a.m.,
3:00 a.m., etc.
After a brief discussion on police procedures, Councilman Dodds made
a motion to approve the Ordinance with the amendment recommended
by staff regarding the addition of "Parks", as well as the change of times
for the 14, 15, & 16 year olds from 12:00 a.m. to 1:00 a.m. Seconded
by Councilman Poole, the motion passed with the following roll call vote:
Noes: Councilman Long --
Ayes: All other members present voted Aye
9. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252 of V.A.C.S.
§2(e), REGARDING POSSIBLE LITIGATION
Upon reconvening in Open Session, Mayor Sample proceeded with agenda
item # 10
10. REVIEW BUDGET FOR THE 1984/85 FISCAL YEAR
Ms. Carroll briefly touched base with the Council on the budgeting of a
police vehicle, the new firemen and when they would be coming on.
Mayor Sample adjourned the meeting at 11:55 p.m.
Q~L/~~ar D. S~'~'~le (~'M ayo r --
ATTEST: '
Sharon E. Sebera
Deputy City Secretary