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HomeMy WebLinkAbout04/01/1985 City Council 001972 Minutes of the City Council of the City of The Colony held on April 1, 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 and 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 to the United States flag. 2. CITIZEN INPUT Mr. Michael Lynch, 4921 Roberts, said the children of this city need to have some sort of training on bicycle safety. City Manager, Janice Carroll advised him that the Lewisville Independent School District usually has training classes. She went on to say she would investigate the possibility of having one this summer. 3. APPROVAL OF MINUTES Councilman Amick moved to approve the minutes of the February 29th meeting as written. Seconded by Councilman Gray, the motion carried with a unanimous vote. 4. PUBLIC HEARING REGARDING A REQUEST FROM THE SOUTHLAND CORPORATION FOR A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF PREMISES CONSUMPTION FOR THE NEW 7-11 STORE AT 5010 FM423 (Main Street) Councilman Amick made the motion to open the public hearing. Seconded by Councilman Poole, the motion carried with a unanimous vote. Director of Community Services, Steven A. Reed made a brief presentation. He stated that the Planning & Zoning Commission conducted their public hearing and approved of the request and recommends Council to do likewise. He introduced Mr. David Alswinger, a representative of the Southland Corporation and advised he would try to answer any questions that may arise. Mr. Michael Lynch, opposes another convenience store selling alcoholic beverages. He was not alone. Mr. Ron Black, 4805 Jennings and Mr. Gary Herman, 4766 Hamilton Court expressed similar feelings. Mr. Reed said the City Attorney advised that ~ you grant ~* one convenience store the specific use permit, you will be hard pressed to deny any other store the same priviledge. The main concern of the audience seemed to lean toward selling to minors. Mr. Alswinger advised them that the Southland Cor- poration has a very stringent program that requires anyone 26 years old or under to provide proper identification before purchasing alcoholic beverages. With no further questions, Councilman Poole moved to close the public hearing. Seconded by. Councilman Dodds, the motion carried with a unanimous roll call vote. 00197 ] 5. RECEIVE A PRESENTATION FROM THE CHAMBER OF COMMERCE BEAUTIFICATION COMMITTEE Jim Vanderburg and Kip Milliron said they plan to begin beautification by beautifying the medians. Saturday April 20th they will have 200 Crepe Myrtles for sale for a price of $5.00 each. Their hope is that for everyone that is purchased individuall~ that one will be donated to the City. They will provide certifi- cates of appreciation for all donations. They invited all organizations to join in. Mr. Milliron said he has donated a large tank mounted on a trailer to the City so they will have a means of watering the medians. He requested the City to make a two foot square box to put around the trees out of timbers that the city already has but are not using. He asked if the Council would consider making the Crepe Myrtle the official tree of The Colony. Anne Keith, from Kelly Anne Interiors said her store would donate the first ten trees to the City. Councilman Amick made a motion to authorize city staff to work with the Chamber Beautification Committee to beautify the city. Seconded by Councilman Poole, the motion carried with a unanimous roll call vote. 6. CONSIDERATION OF A RESOLUTION DECLARING SEPTEMBER 6th CONFEDERATE AIR FORCE DAY IN THE COLONY Councilman Amick moved to table this item at this time. Seconded by Coun~.~lman Long, the motion carried with a unanimous roll call vote. 7. CONSIDERATION OF ACCEPTANCE OF BIDS FOR A BACKHOE FOR THE PUBLIC WORKS DEPARTMENT AND AWARDING OF SAME Councilman Amick moved to accept staff recommendations and award the bid to Case for the purchase of the 580 Super E. Seconded by Councilman Harris, the motion carried with a unanimous roll call vote. 8. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF A BACKHOE City Manager, Carroll recommended an outright purchase since this is a budgeted item. Mayor Sample read aloud the ordinance caption as follows: Ordinance #330 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CASE POWER AND EQUIPMENT COMPANY IN THE AMOUNT OF $28,360.00 FOR THE PURCHASE OF A BACKHOE; ATTACHING THE APPROVED FORM OF CON- TRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Amick moved to purchase the backhoe outright and approve the ordinance as written. Seconded by Councilman Dodds. Councilman Long still held steadfast to the idea of financing for a three year period. Councilman Harris agreed. Councilman Dodds added, we try not to obligate future Councils or their future budgets with our purchases. With no further comments, the motion carried with the following roll call vote. Ayes: Councilmen Gray, Amick, Dodds, Poole and Mayor Sample Noes: Councilmen Harris and Long 00197 9. CONSIDERATION OF A MORATORIUM ON OUTSIDE DISPLAYS City Manager Carroll said we could have a moratorium on enforce- ment of outside sales in shopping centers but that a time frame needs to be established. This would give staff time to further review this as well as the Planning & Zoning Commission. After a lengthy discussion, Councilman Amick moved to declare a moratorium on enforcement ~ordinance #314 for a period not to exceed 6 months from this date. Seconded by Councilman Long, the motion carried with a unanimous roll call vote. 10. CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE #247 ABANDONING A PORTION OF STEWART CREEK ROAD City Manager Carroll advised Council and members of the audience that this is basically a house keeping ordinance. Back when ordinance #247 was passed abandoning the old Stewart Creek road, this particular tract of land was left out. Mayor Sample indicated that he thought it was left out intentially to insure that the 13.606 acres Fox & Jacobs agreed to trade for the abandonment would be deeded to the City. Councilman Dodds agreed. Mayor Sample read the ordinance caption aloud as follows: Ordinance # 331 AN ORDINANCE AMENDING ORDINANCE NUMBER 247 OF THE CITY OF THE COLONY, TEXAS, BY AMENDING THE LEGAL DESCRIPTION OF THAT PORTION OF THE STREET AND RIGHT OF WAY ABANDONED IN ORDINANCE NUMBER 247, SAID STREET BEING STEWARTS CREEK ROAD, BY ADDING TO SAID LEGAL DESCRIPTION; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. Councilman Harris moved to table. Seconded by Councilman Long the motion died with the following roll call vote. Ayes: Councilmen Harris , Long, and Gray Noes: Councilmen Amick, Dodds, Poole and Mayor Sample Councilman Amick then moved to adopt the ordinance as written. Seconded by Councilman Dodds, this motion carried with the following roll call vote. Ayes: Councilmen Long, Gray, Amick, Dodds, Poole and Mayor Sample Noes: Councilman Harris 11. CONSIDERATION OF COSTS FOR IMPROVEMENTS TO GRIFFIN ROAD, SPARKS ROAD AND THE ROAD TO THE CITY ANIMAL SHELTER, TO BE PAID FROM EXISTING STREET IMPROVEMENT BOND FUNDS City Manager Carroll introduced the City Engineer, Mr. Glen Brown. He gave a brief presentation regarding Griffin Road, Sparks Road and the road to the city animal shelter. GRIFFIN ROAD- If the city will purchase the asphalt, the County has agreed to do the work. This would include ditches and guttering. The cost would be approximately $3,000 to $4,500. SPARKS ROAD- This is the road that extends from the western most tip of North Colony Boulevard into Stewart Creek Park. This project would have to be bid. It would begin at the end of the pavement on North Colony Blvd, and extend to the property line of Stewart Creek Park. The cost would be approximately $47,500 and would consist of asphalt on a 6 inch flex base. Mr. Brown said he would hire the contractor and direct his activities. This construction would be handled as a maintenance program rather than new construction since there is an existing road. 001975 ANIMAL SHELTER ROAD- This is essentially the same problem as Sparks Road. He recommended moving the dumpster further to the north to allow for better drainage in the area. The cost would be approximately $10,000 and would be bid with the Sparks Road bid. Councilman Poole requested a berm directly in front of the shelter to also help eliminate flooding in the shelter. The rest of the Council agreed and Mr. Brown said it would be quite simple to do. With no further discussion, Councilman Dodds moved to authorize the r City Manager to pursue these improvements with existing bond funds. Seconded by Councilman Poole, the motion carried with a unanimous roll call vote. 12. CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE #34, REGARDING SOLICITORS PERMITS, CHANGING THE AUTHORITY TO THE POLICE CHIEF AND INCREASING THE FEE TO $10.00 City Manager Carroll reviewed the proposed changes in the ordinance. Mayor Sample recommended that all solicitors be required to where identification badges. He then read aloud the ordinance caption as follows: Ordinance #329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 15 RELATING TO PEDDLERS AND SOLICITORS BY AMENDING SECTIONS 15-1, 15-2, 15-3, 15-5, 15-6, 15-7 AND 15-9; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) 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; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Councilman Amick made a motion to approve the ordinance as written. Seconded by Councilman Dodds, the motion carried with a unanimous roll call vote. ~-~ 13. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 19-24 OF THE CITY CODE REGARDING THE PARKING OF CERTAIN VEHICLES ON CITY STREETS Councilman~was concerned about families who come to visit for a week or so and have driven here in a motor home or towed a travel trailer. Mr. Jim Skinner, 4844 Pemberton, had similar concerns. He owns a motor home his self and has people come to visit him that drive them. Mr. Michael Lynch, 4921 Roberts, said we could possibly have a non- resident permit fee to allow such vehicles on the streets for short periods of time. There was a lengthy discussion as to what should and should not be parked on city streets. Councilman Dodds moved to table this ordinance. Seconded by Councilman Amick, the motion carried with the following roll call vote. Ayes: Councilmen Long, Amick, Dodds & Poole Noes: Councilmen Harris, Long and Mayor Sample 14. CONSIDERATION OF AN ORDINANCE PROHIBITING THE PARKING OF CARS IN FRONT YARDS There was a very lengthy discussion regarding the definition of a drive- way. Councilman Dodds finally suggested that we need two driveway definitions, one for front entry and the other for rear entry garages. The~ Council unanimous~chose not to take any action on this item at this time. 15. CONSIDERATION OF A RESOLUTION IN SUPPORT OF E.A.S. (Extended Area Service) IN THE COLONY Mayor Sample read the entire resolution aloud. ( RESOLUTION #85-05) Councilman Gray made the motion to approve the resolution as written. Seconded by Councilman Amick, the motion carried with a unanimous roll call vote. 00197 16. CONSIDERATION OF A RESOLUTION ESTABLISHING A FINE ARTS COMMITTEE IN THE COLONY Councilman Poole moved to approve the Resolution as written with the exception of a meeting date. That should be left up to the committee to determine. Seconded by Councilman Harris, the motion carried with a unanimous roll call vote. ( The Resolution is #85-07) 17. CONSIDERATION OF A RESOLUTION OPPOSING BILLBOARD LEGISLATION Mayor Sample read aloud the resolution. Councilman Dodds moved to approve the resolution as written. Seconded by Councilman Amick, the motion carried with a unanimous roll call vote. (The Resolution is # 85-06) 18. CLOSED DOOR SESSION, AS AUTHORIZED BY ARTICLE 6252-17 OF V.A.C.S. SECTION 2G, REGARDING BOARD APPOINTMENTS Mayor Sample announced the Council would reconvene in open session later in the evening to consider agenda item 19. 19. CONSIDERATION OF AUTHORIZING THE ARCHITECTURAL COMMITTEE TO INTERVIEW ARCHITECTS FOR THE CONSTRUCTION OF A MUNICIPAL POOL Upon reconvening in open session, Councilman Amick moved to authorize the architectural committee to interview architects for the municipal swimming pool. Seconded by Councilman Dodds, the motion carried with a unanimous roll call 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 roll call vote. Mayor Sample formally adjourned the meeting at 11:35 p.m. Approved: Attest: dA N E~~A~t y~~Se~ry