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HomeMy WebLinkAbout03/18/1985 City Council 00igG MTNUTES OF THE CITY COUNCIL OF THE CTTY OF THE COLONY HELD ON MARCH 18, 1985 The REGULAR 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 Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman rand with all members present, a quorum was established. 1. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and members of the audience in the pledge of allegiance. 2. CITIZEN INPUT Mrs. Nancy Rosenow spoke briefly regarding the Candidate Forum to be held March 21st at 7:30 p.m. at the Lutheran Church to be sponsored by the Republican Womens organization here in The Colony. 7. RECEIVE PRESENTATION FROM AND PROCLAMATION TO THE EUROVAC ORGANIZATION Councilman Harris introduced Mrs. Bev Mulherin a sponsor of the EUROVAC program. She advised ~everyone present that the EUROVAC program is a non-profit organization dedicated to improving relations between France and the United States. She indicated that this year is the first time the French students have been offered an opportunity to come to Texas, specifically the Dallas area. She stated the students will need Host Family's in the area and asked for support from family's in The Colony. Mayor Sample then read aloud and presented her with a Proclamation encouraging the citizens of this City to participate in this program. 3. PUBLIC HEARING REGARDING AMENDING SECTION 13-103 OF THE COMPREHENSIVE ZONING ORDINANCE, SPECIFICALLY ELIMINATING THE REQUIREMENT OF AN ENCLOSED, ATTACHED GARAGE ON EVERY SINGLE FAMILY DWELLING UNIT Councilman Dodds made the motion to open the public hearing. Seconded by Councilman Poole, the hearing was opened with a unanimous vote. City Manager, Janice Carroll, said the requirement should be that there be a garage on every Single Family dwelling during the initial construction. Councilman Gray doesn't like the idea of enclosing a front entry garage. Mr. Russo, Phelps Street, disagreed. He said he has seen several converted garages and they have been done with good taste and look attractive. Mr. Pat Widhelm, 4900 Pemberton, said he needs the additional room. He went on to say that he takes alot of pride in the appearance of his home and would like to be able to enclose his garage. Councilman Gray felt if homeowners are allowed to convert there garages, their yards would become cluttered with lawn equipment and various other items that would normally be stored in the garages. Councilman Poole reminded everyone that this is primarily a housekeeping Ordinance to correct an ordinance passed in 1979 that made it mandatory for Fox & Jacobs to build garages on every single family dwelling. That ordinance also made garage conversions illegal, although that was not the intent. With no further comments, Councilman Poole moved to close the public hearing. Seconded by Councilman Dodds, the motion passed with a unanimous vote. 4. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 13- 103 OF THE COMPREHENSIVE ZONING ORDINANCE Mayor Sample read the ordinance caption as follows: Ordinance #00326 AN ORDINANCE AMENDING ORDINANCE NO. 61, THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, SAME ALSO BEING KNOWN AS APPENDIX A TO THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 13 RELATING TO VEHICLE PARKING REGULATIONS BY AMENDING PARAGRAPH (7) OF SUBSECTION (13-103) RELATING TO SPECIAL OFF-STREET PARKING REGULATIONS; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1000.00) 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 PRO- VIDING AN EFFECTIVE DATE. Councilman Dodds pointed out a typographical error in the legal notice, it read section 13-303 instead of 13-103. City Manager Carroll said she would check with the City Attorney to see if this would require any additional attention. With no further comments, Councilman Amick made the motion to approve the ordinance as written. Seconded by Councilman Poole, the motion carried with the following roll call vote: Abstention: Councilman Dodds Noes: Councilman Gray Ayes: All other members voted aye 5. PUBLIC HEARING REGARDING AMENDING SECTION 10-300 OF THE COMPREHENSIVE ZONING ORDINANCE, SPECIFICALLY THE DEFINITION OF A PRIVATE SWIMMING POOL Councilman Amick made the motion to open the public hearing. Seconded by Councilman Long, the motion carried with a unanimous vote. Director of Community Services, Steven A. Reed, stated that the Planning & Zoning Commission have reviewed this and recommend the wording in section 10-300 be changed to show a 3 foot setback requirement rather than 5 feet. Councilman Dodds moved to close the public hearing. Seconded by Councilman Poo]e, the motion carried with a unanimous vote. 6. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 10- 300 OF THE COMPREHENSIVE ZONING ORDINANCE Mayor Sample read aloud the ordinance caption as follows: Ordinance # 00327 AN ORDINANCE AMENDING ORDINANCE NO. 61, THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, SAME ALSO BEING KNOWN AS APPENDIX A TO THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 10 RELATING TO USE OF LAND AND BUILDINGS BY AMENDING PARAGRAPH (12) OF SUBSECTION 10-300 RELATING TO DEFINITION OF SWIMMING POOL (PRIVATE) PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN ONE THOUSAND 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. With no further discussion, Councilman Dodds moved to approve the ordinance as written. Seconded by Councilman Amick, the motion carried with a unanimous roll call vote. 8. CONSIDERATION OF APPROVAL OF PLAT AND SITE PLAN FROM THE SOUTHLAND CORPORATION FOR A .825 ACRE TRACT OF LAND LOCATED ON THE NORTHEAST CORNER OF SOUTH COLONY BLVD AND FM423(MAIN STREET) Steven A. Reed, Director of Community Services, advised the Council and members of the audience that the Planning and Zoning Commission has reviewed this and recommends its approval. He also stated that the Municipal Utility District has also reviewed and approved the plat and site plan. Mr. Gary Fullington a representative of the Southland Corporation was on hand to answer any questions. Mayor Sample said he would like to see air and water supplied on the gasoline island. Mr. Fullington advised that he would pass the Mayors request on to the appropriate department and personnel. Following a brief discussion, Councilman Poole moved to approve the preliminary and final plat and the site plan for the Southland Corporation. The motion was seconded by Councilman Dodds. Mr. Tony O'Brien, Phelps Street, asked how far the stores would be apart. (referring to the present Stop & Go on the southeast corner) He was advised the new 7-Eleven store would be on the northeast corner. Mr. William Hooker, Phelps Street, asked why all the convenience stores are located along FM423 or on the south side of town, and if they would be allowed to put one somewhere besides those areas. Councilman Poole responded by stating that she would like to see a convenience store in the northeast quadrant of the city as well but that most of the major companies use traffic counts to determine location and the greatest counts are along FM423. She also said yes, they would be allowed in other areas of the City. With no further comments or questions, the Council voted unanimously to approve the plat and site plan. 9. CONSIDERATION OF A REQUEST FROM FOX & JACOBS TO PLACE A TEMPORARY SALES BUILDING AT THE INTERSECTION OF KEYS AND NEWTON STREETS City Manager Carroll said she wanted to uphold the tradition of bringing requests such as this before the Council for approval. ~1~ Mr. Bill Allen, a local representative of Fox & Jacobs, spoke briefly regarding the request. He said the trailer would be 14' X 70' and would be located on Newton for approximately 120 days or just until the new model homes are complete. The area all around the trailer will be landscaped. City Manager Carroll said the land where the trailer will sit will be deeded to the City as Park Land when the model homes are complete and functional. With no further comments, Councilman Dodds moved to approve the request. Seconded by Councilman Amick, the motion carried with a unanimous roll call vote. 10. CONSIDERATION OF A RESOLUTION REQUESTING CONTINUED REPRESENTATION ON THE STATE HIGHWAY & PUBLIC TRANSPORTATION COMMISSION Mayor Sample advised that the Metroplex Mayors Committee , of which he is a member, recommended the passage of this Resolution. There was a brief discussion regarding representation. Councilman Amick then made the motion to approve the Resolution as written. Seconded by Councilman Long the motion carried with a unanimous roll call vote. 11. CONSIDERATION OF A RESOLUTION SUPPORTING STATE RECOGNITION OF THE TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM City Secretary, Janet Gadd, said she is not yet enrolled in the Certification Program but hoped to do so the next budget year. State recognition is a NO COST support in an effort to improve and maintain local governmental effeciency and effectiveness by traini~ the city secretary or city clerk. Certification ~ also improves the credit rating of the city thereby lowering the cost of municipal bo~issues. Councilman Amick made the motion to approve the Resolution as written. Seconded by Councilman Poole, the motion carried with a unanimous roll call vote. 12. CONSIDERATION OF AN ORDINANCE INCREASING AND SETTING A WARRANT FEE Mayor read aloud the following ordinance caption: Ordinance # 00328 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS INCREASING AND SETTING A WARRANT FEE; REPEALING ALL PREVIOUSLY ENACTED ORDINANCES OR RESOLUTIONS OF THE CITY OF THE COLONY, TEXAS INCONSISTENT HEREWITH: PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY City Manager Carroll, stated the ordinance establishes a $25.00 charge for the issuance and service of any --- warrant of arrest after due notice has been given. 1 Councilman Dodds moved to adopt the ordinance as written. Seconded by Councilman Amick, the motion carried with a unanimous roll call vote. 13. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252- 17 OF V.A.C.S., SECTION 2G REGARDING BOARD APPOINT- MENTS Mayor Sample announced the Council would return in open session later in the evening to consider board appointments. Upon re¢onven~ncj ~n open session, Ma~or Sample continued with agenda item #14 as follows: 14. CONSIDERATION OF APPOINTMENT TO PLACE 2 OF THE LIBRARY BOARD Mayor Sample opened the floor for nominations. Councilman Poole nominated Penny Jack. With no other nominations, Councilman Amick moved to appoint Penny Jack to Place 2 of the Library Board. Seconded by Councilman Harris, the motion carried with a unanimous vote. 15. CONSIDERATION OF APPOINTMENT OF TWO (2) ALTERNATES TO THE BOARD OF ADJUSTMENT AND APPEALS Councilman Dodds moved to table this item. Seconded by Councilman Harris, the motion carried with a unanimous vote. With no further action to be taken by the Council at this time, Councilman Dodds moved to adjourn the meeting seconded by Councilman Harris, the motion carried with a unanimous vote. Mayor Sample formally adjourned the meeting at 9:50p.m. Approved: ~/ample~~' o~~r ~ Attest: Jan~Cadd, City Secretary [ S E A L ]