Loading...
HomeMy WebLinkAbout10/03/1985 City Council 00214i MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 7, 1985 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. with the followin9 members present: Larry Sample Mayor Rick Harris Councilman Tom Arrambide Councilman Helen Gray Councilman Don Amick Councilman Marlene Poole Councilman and with Councilman Charles Dodds absent due to personal business, however, a quorum was established. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, OF V.A.C.S. SECTION 2G, REGARDING BOARD APPOINTMENTS. Upon convening in open session, the Mayor addressed the next item on the agenda. 2. PLEDGE OF ALLEGIANCE The Mayor led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 3. CITIZEN INPUT Mayor Larry Sample - spoke regarding a recent newspaper article, in which the fence between the City of Eastvale and The Colony was the topic of discussion. This fence separates the two cities in.the northwest portion of The Colony, being between the north alley of Carr St., The Colony and the City of Eastvale. Mayor Sample said that the article indicated that the Police Chief of Eastvale was encouraging the children of Eastvale to tear down the fence so they could get to school more easily. The Mayor went on to say that Eastvale was upset because the crossguard at FM 423 and Witt St. in The had been discontinued this year, and they felt it was now unsafe for their children'to walk to school and therefore the children have to go through a hole in this fence to keep from having to walk down FM 423. Mayor Sample stated that the crosswalk was discontinued because the traffic engineer for The Colony had determined that to be an unsafe location, since there are no lights to warn drivers of an oncoming crosswalk and the guard had to enter the street unprotected. The Mayor stated'the crosswalk would not be be-opened. Janice Carroll - reminded citizens that The Colony Clean- up is going to be held October 26, 1985 and that there will be dumpsters located at the southwest corner of North Colony Blvd. and FM 423 for citizens to dump their trash. Mike Lynch - He asked what the hold up was on the repair of the street lights at N. Colony and Paige. Janice Carroll said she had talked to T.P. & L. and they assured her the lights would be repaired before too long. T.P.&.L. said there was some problem with underground cable. Mr. Lynch also said that there will be the Chamber Fun Fest held on October 26, 1985. Dick Weaver - Asked about the temporary building being built to house Denton County annex offices. Mr. Weaver wanted to know if the building would have a brick facade. Mayor Sample said yes, to which Mr. Weaver said no, that Commissioner Jacobs said there was not enough money to put brick facade, only steel. Mr. Weaver wanted to know if the City could put brick on the building. The Mayor said he was not sure in the City could spend money on a County facility, but stated that Janice Carroll, City Manager would check into that. Also Mr. Weaver wanted to know how long "temporary" is when speak- ing about the building. Mayor Sample said he believes that to be 5 - 10 years. 002142 A1 Gober - spoke as a representative of Stewart's Creek Elementary P.T.A. and expressed a need to put someone at the location of FM 423 and Witt Dr. to divert children attempting to cross there to another corner. 4. CONSIDERATION OF APPROVAL OF MINUTES Councilman Amick stated that the minutes of the September 11, 1985 meeting were not as he recalled. After a brief discussion, it was decided they should be changed to read "with considera~ tion of one of the part time positions possibly becoming full time in the future,". Councilman Amick moved to approve the minutes as written with the changes to be made. Councilman Arrambide seconded. ~The motion carried with all members voting Aye, with the exception of Councilman Poole, who ab- stained due to her absence at the meeting. 5. CONSIDERATION OF A REQUEST FORM CONGRESSMAN DICK ARMEY TO USE FIRE STATION NO. 1 ON NOVEMBER 16 FOR A TOWN HALL MEETING. Councilman Poole moved to approve the request and Councilman Arrambide seconded the motion which passed with a unanimous roll call vote. 6. CONSIDERATION OF A RESOLUTION NAMING A NOMINEE TO BE ELECTED TO THE DENTON COUNTY APPRAISAL DISTRICT BOARD Janice Carroll explained to the Council that the Resolution has to be in to Denton County by October 15, 1985 to be valid. Mayor Sample stated that the name of the Resolution-could be changed if anyone had any other nominees. The Mayor said that he had spoken to Johnny Spears (the name on the Resolution) and that Mr. Spears is willing to serve, if elected. Mayor Sample then read the Resolution as written: WHEREAS, The City of The Colony has joined in the formation of a Denton County Appraisal District, and; WHEREAS, the Denton County Clerk has notified each taxing entity that nominations are in order for this board; and, WHEREAS, the Denton County Clerk has notified the City of it's voting entitlement of one hundred and six votes: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: The City Council of the City of The Colony hereby nominates Johnny Spears to serve a two-year term on the Denton County Appraisal District Board. Councilman Amick moved to approve the resolution, and Council- man Poole seconded the motion which carried with a unanimous roll call vote. 13. CONSIDERATION OF A REQUEST FROM THE PARK AND RECREATION BOARD REGARDING THE MOVING OF A PORTABLE BUILDING. Janice Carroll, City Manager stated that the Board recommended moving the building and that Sylvia Brantley, Park and Recrea- tion Director was present to answer any questions. Councilman Amick asked if the Council has to approve this kind of thing. Councilman Harris stated that the building will have to be moved before the new Municipal Complex is built. Councilman Amick suggested that the council does not need to address this item, since the Park and Recreation Board has already done so and that there is no problem with moving the building. Councilman Harris seconded the suggestion. 8. REVIEW OF PRELIMINARY PLANS FOR THE CONSTRUCTION OF THE PEDES- TRIAN CROSSWALK Janice Carroll stated that staff's recommendation is to go with crosswalk design as it is now and then enhance the aesthetic value with landscaping or a facade of brick or stone. Mayor Sample stated we need to go ahead with this project since bond funds are being used. Janice Carroll and Glen Brown(of Bridge- farmer and Assoc.) both stated that the State approval is the next step and there is no way of estimating how long long that will take. Mr. Brown went on to say he felt the State might question three (3) items: 1. The guardrail protection along FM 423 2. May request cage to ground level(the city has already indicated a preference for that) 3. Is crossing being provided for handicapped adequate? Brown said he felt the handicapped crossing will be flat ground level with curbs slanted. Janice Carroll went on to say that the land owners on either side of FM 423 had been contacted and were not interested in putting any money into the project to make it more attractive. Councilman Harris asked why there were not other costs and alternatives given to be considered. Mr. Brown said his notes indicated that the Council would have a work session prior to this meeting to come up with some possible alternatives. Councilman Amick said he thought the project was put off until this meeting for discussion. Harris said he did not like the design or the way item was being handled. The Mayor said if the project is re-designed then the City would not get the right of way dedicated by landowners and would ultimately cost the City much more. At this time, Councilman Amick moved to approve'the plan as is, and send it on to the State for their approval. Councilman Poole seconded. Mike Lynch, citizen, stated that he did not agrees with the design because of the 4 foot walls and'no lighting and that he would fight this all the way. Mr. Brown stated that the State does not re- d, commend lighting pedestrian crossovers except by street lites or other available lighting. Mr. Lynch said the State also recommends a one foot wal5 not a 4 foot as the engineer has recommended. Councilman Amick stated that he believed the reason for recommending the four foot walls was so that small children crossing there would not feel uncomfortable because of no wall around them. Glen Brown then explained the way the wall would be constructed. He went on to say that if this design is not the way the City wants it then of course other alternatives can be looked at. He stated that if lighting is something the City feels needs to be addressed that it can certainly be added to the design now or shown as a possible addition at a later date. Councilman Harris said he does under- stand the reasoning behind the wall, but if it is so much more safe then why is it he hasn't seen one of this style before. Mr. Brown said that he himself has not seen one exactly like this one but he feels that this is design is the most economical and most feasible for our situation. Harris also stated a concern over the ledge and that it appeared that someone could feasibly try to walk across on the outside of the fencing. Mr. Brown said he guessed we could never stop someone from trying a trick like that. He did say that the State would likely require the fencing to go all the way to the ground on the ramps and that would hamper that kind of thing from happening. It was also noted that at a previous Council meeting that Councilman Dodds did make that suggestion. Councilman Amick stated that as he recalled in the recent bond election, he voted for a crosswalk, the purpose of which was to provide a safer route for children going to and from school. He said he realized that the crosswalk guard would have to remain there to direct the children to use the crossover and when school is not in session, then the children are going to cross where they want to anyway. He feels the pedestrian crossoevr addresses the problem of pro- viding a safer route for school children and for children in the summer if they so choose to use it. 002144 Mr. Harvey Bradley, citizen spoke up and stated that he tends to agree with Mr. Lynch, having three things he wanted to say in regard to the crossover: 1. He agrees with Lynch 2. Four foot wall provdies hiding place 3. How can we go back to vote and get rid of the whole thing? Various alternatives of lighting were discussed, after Mr. Brown stated that any alternative will definitely cost more money. After much discussion, the Mayor asked for a vote. The motion carried with all members voting Aye, with the exception of Councilman Harris who voted Nay. 10. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING APPENDIX A -ZONING BY ADDING REGULATIONS RELATING TO SATELLITE AND RADIO RECEIVERS AND TRANSMITTERS. Janice Carroll, explained that'this item should really be a review of changes instead of consideration, since this ordi- nance can not be passed before there is a public hearing held by the Council. Eric Stanton was present and stated that the ordinance now incorporates the definitions, fencing requirement and the set back equal to height requirement. He further stated~ that the attorneys added shrubbery as an acceptable means of shielding the dishes/atennas from view and that it was at the suggestion of staff. He said that this can be removed. There was a discussion regarding the height restrictions. Mike Lynch asked if the measurement was from the roof or the ground. Mr. Stanton stated the measurement is from the ground in all cases. Mayor Sample said that maybe roof mounted antennas should have a different regulations so people won't be force to put ten (10) foot T.V. antennas in the middle of their roof. The Mayor felt that the ordinance should be re-worded to allow normal T.V. antennas, and aksed for a consensus. There was a general consensus. Mr. Chris Fabian addressed the council regarding the ordinance bringing up three (3) points: 1. He agrees with the fencing requirement. 2. Should require a minimum height off the ground as well as a maximum height aboe ground. 3. New "Patio Mount" dishes should be addressed. Mr. Fabian said these new dishes should not require a permit since it is not a permanent' mouthing. Eric Stanton said he could see no way to exempt them without also exempting something else in'the ordinance. The Mayor asked if they could be re- stricted by size. City Attorney John Hill was in'the audience and said that could be done. Councilman Amick stated that he had no problem with increasing the maximum height above ground to 14 feet with a minimum off the ground of 2 feet, and exempting "Patio Mount" dishes. Eric Stanton read the new restriction. Councilman Harris asked what kind of fee for the permit would be assessed. He feels that patio dishes should not be exempt for a small $10.00 fee. He said, "Why waive'the fee on something that may cause problems in the future?" Mayor Sample stated that these can be rented so why permit them. There followed a lengthy discussion re- garding this ordinance. The question came up; if the patio mount dish is moveable, but under 6 feet, then what about the fence requirement~ Mr. Fabian said he felt the fencing re- quirement should be left in. He also asked if existing systems going to be grandfathered. Mr. Stanton said if they were legally installed then they will be O.K. 7. RECEIVE REPORT REGARDING LIFTING MORATORIUM PLACED ON OUTSIDE DISPLAYS. Janice Carroll stated that at a Council meeting held on March 4, 1985, the Council recevied a report on procedures for the control of outside display permits. The guidelines were as follows: SIDEWALKS - Display shall not unreasonably hinder 002145 pedestrian traffic or be stacked in such a manner that would create a hazard due to collapse. Letter of approval is required from the owner of the property if applicant is a leaseholder. PARKING LOTS - Display area shall not reduce required parking as set'out'in the City Zoning Ordinance. Adequately braced traffic barriers shall be placed around the perimeter of the display so that a safety zone of 15 feet surrounds the sales area. Stacks of material shall not exceed 4 feet in height(fire- wood - 6 feet) VACANT LOTS - Letter of permission from owner is required if applicable. Stacks of material shall not exceed four (4) feet in height (firewood 6 -feet) Other displays shall not create any hazards to the public. These guidelines were adopted on an interim basis with automatic renewal of the permit if the product doesn't change. As you will recall, during this period there was some concern with the merchants regarding our regulating the display. At a meeting conducted with the merchants on March 19, 1985, the merchants, represented by Lavell Garner, Manager of Eckerd Drugs, presented the follow- ing seven (7) proposals for the Council's consideration. 1. No charge for permits for merchants who lease building space and pay a sales tax to the City. 2. No permits should be needed for sidewalk displays. these displays will not take up more than 75% of the store front and 30% of the width of the side- walk. 3. Permits issued for sidewalk sales, but at no cost to merchants in leased building space. 4. Use of banners for special sales maximum 3'x10' secured in all four corners. Maximum 4 banners used in 13 month period. Maximum 30 day period for each banner. Banners can be approved City as far as its professional appear- ance. 5. Index signs in center of parking lots of shopping centers. 6. Shingles at least 8½ feet above sidewalk, perpendicular to parking lot. All shingles will be identical in looks, size and color approved by the City. 7. Changing of the term "retail merchants" to not include intinerent merchants selling firewood or Christmas trees. At a meeting conducted on April 1, 1985, the Council placed a morato- rium on any regulation by the City Inspection Department on outside displays. The purpose of this was to allow the merchants to essentially regulate themselves and to make a study to see if it sincerely becomes a hazard. At the end of this period, I did request an opinion from Eric Stanton, the Building Official. It is his opinion that outside displays should be controlled through a permitting process to pro- hibit excess use of public sidewalks. I would recommend that the Council instruct the Plannin and Zoning Commission to review the City's proposal and the merchant's proposal and bring a recommendation back to Council. The permit process instituted by the City was vague and should be clarified prior' to passage by the Council. Mayor Sample suggested that the moratorium be left in affect until after Christmas, while the Council reviews the problem. Councilman Amick asekd the the City had been receiving lots of complaints. Janice Carroll said no,'not that she knew of. Councilman Amick then asked if a movie was to come into The Colony would the panel signs restrictions have to change. Mr. Stanton said that is addressed in the new sign ordiance. Councilman Amick then moved to extend the moratorium on outside displays for six (6) mont~s 00214 making it effective until January 30, 1986. Councilman Arrambide seconded the motion which passed with a unanimous roll call vote. 9. RECEIVE REPORT REGARDING THE PLACING OF A SECURITY LIGHT AT THE CARR/CHAPMAN PARK. Janice Carroll stated that at the Council meeting conducted on February 4, 1985, staff presented, at the request of citizens on Carr and Chapman, a plan for adding three (3) additional street lights to the curve of Carr as it intersects with Chapman St. The ~ ~ cost of each light was approximately $550.00 and would require dedi- cation of easements to run the power from'the northern atleyof Carr to the north right-of-way of Carr. She went on to say that as of this date, the resident at 4522 Carr St. has moved to N. Carolina and we are currently waiting on the new owner of that property to consider granting the request. The gentleman that resides at 4418 Chapman has refused to grant the easement' and the owner at 4620 Chapman has signed the Deed. She further stated that in light of these problems with easements, that perhaps one security light at a lesser cost would be a more feasible way to light this area. She said that enclosed was a memo from Jerry Van-Y giving a cost estimate from TP&L for the placement of this light. She said she would recommend this light be purchased from park bond funds, or from a Capital Outlay Park improvement account. There was a discussion regarding the problems with getting the ease- ment deeds signed. Councilman said that could be resolved by putting the security light in the center of the park. He suggested that the light be put in and then re-evaluate the need for street lights. Janice Carroll said that Tim Solohubow, a citizen living in that area had expressed a concern over such a large light in the area not being aesthetic. Solohubow had suggested putting street lights on the park side of the street instead. Councilman Amick said he did not feel the money should come bond funds but from contingency since this problem was brought up during last year's budget. Janice Carroll -'~ said she would get TP&L regarding putting in two more street lights on the park side of the street or no security light and 3 street lights there. Councilman Amick said he would like to talk to the residents in that area and see how they feel about this problem There was a concensus that there should be three (3) street lights installed onthe park side as long as residents agree. 11. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6 ARTICLE II, SECTIONS 6-20 THROUGH 6-62, INCLUSIVE, RELATING TO SIGNS. Janice Carroll stated that the sign ordinance is not an amendment to · the zoning ordinance and does not require a Public Hearing, therefore if Council approves the Ordinance with the recommended changes, then it will be put in proper order. Eric Stanton then outlined the changes he recommended for clarification of the ordinance: Page 1, 'Multi tenant locations shalllbe considered as one tract' Add Definition 21 - 'Sign Change Panel - a sign Which has change- able letters. Change Panel signs are allowed only as specified for gasoline pricing signs, institutional signs, grand opening, and movie houses.. Page 6, Add: Site plan approval for all free standing signs, if deemed necessary because of lot and building size or layout, the Building Official may forward the request for Council con- sideration with a recommendation of a smaller size sign. If the case is one of a new commercial development, the Building Official may make this recommendation to Council for considera- tion during the initial site plan approval process.' Page 9, 'for election item, up to a maximum of five 5).' 'Permit will be required for all undeveloped and commercial property. Page 10, 'Permit will be required; however, no fee will be charged'. Also on page six, the allowance for shingle signs as it is in the current ordinance was added. There was a lengthy discussion regarding garage sale signs with no real decisions being made. There was a suggestion that an addition be made on page 9 - "with permission from adjoining property owners." 00214 Councilman Harris moved to table this ordinance until the next council meeting. Councilman Arrambide seconded the motion. The motion carried with all but Councilmen Poole and ~mick voting Aye. At this time, the Council went back into CLOSED DOOR to discuss the candidates for board appointments. Upon reconvening in open session, the Mayor addressed the next agenda item. 12. CONSIDERATION OF BOARD APPOINTMENTS A. BOARD OF ADJUSTMENT AND APPEALS B. PARK AND RECREATION BOARD. There were no appointments made to the Board of Adjustments and Appeals. Councilman ~mick moved to appoint the following to the Park and Recrea- tion Board. David Martin - Place B - new appointment Ed Canada - Place 4 - re-appointment Sara Fortune - Place 6 - serve until interviews can be conducted for this position, with Ms. Fortune being interveiwed if she is interested. Councilman Poole seconded this motion which carried with all members voting Aye. With no further business to discuss, Councilman ~nick moved to adjourn the meeting, with a second from Councilman Arrambide. The motion carried with all.members voting Aye. Mayor Sample adjourned the meeting at 12:B0 a.m. APPROVED: ~D. ~a~e ,'~MaYor --'~--~ ATTEST: Patti JoneS/ City Secretary