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10/28/1985 City Council
MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 28, 1985 The SPECIAL SESSION of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. at City Hall with the follow- ing members in attendance: Larry Sample Mayor Rick Harris Councilman Helen Gray Councilman Don Amick Councilman Charles Dodds Councilman Marlene Poole Councilman Tom Arrambide Councilman 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTIONS 2E AND 2G, REGARDING LTTIGATION AND BOARD APPOINTMENTS. Upon convening in Open Session Mayor Sample read a prepared statement regarding litigation with the City of Frisco as follows: "This city entered into a boundary dispute with the City of Frisco, that began in late 1982. With this city landlocked and with no apparent direction for expansion The Colony tested the strip annexations of Frisco. In the ensuing 3 years of litigation, other avenues to increase what was a marginal size for this city's existence did develop. On October 22, I received word from our attorney that the Texas Supreme Court had refused to hear our suit with the City of Frisco. This timing was unfortunate Approximatley one month prior to this date, I entered into talks with Mayor John Clanton of Frisco on a settlement of ths suit. Our aim was a true and lasting boundary agreement with the two cities. Our discussions were fruitful and the basis for this agreement was hammered out. I am please to announce that these talks will continue despite the Supreme Court refusal. The first step in this agreement will be the annexation by The Colony of the B.B.Owens tract. This will include tracts owned by The Colony and the Lewisville Independent School District. This will permit the elementary school to be located on that site, to be built without delay. Other parts of our negotiations will be forth coming. I wish to thank Mayor Clanton and the Frisco City Council for this gesture of good faith and look forward to an era of progress between our two cities." 2. PLEDGE OF ALLEGIANCE Mayor Sample led the Council and the audience in the Pledge of Allegiance to the flag of the United Stated of Americ~ EMERGENCY AGENDA ITEM CONSIDERATION OF AN ORDINANCE CALLING FOR TWO PUBLIC HEARINGS FOR THE PURPOSE OF ANNEXING A TRACT OF LAND APPROXIMATLEY 127 ACRES IN AREA, GENERALLY LOCATED EAST OF AND INCLUDING THE BURLINGTON NORTHERN RAILROAD, AND ABUTTING THE SOUTHERN RIGHT OF WAY OF STATE HIGHWAY 121. City Manager, Janice Carroll, showed the audience the area on the map and explained that annexing this property will bring commercial tax base into our city. Mayor Sample commended Janice Carroll on her hard work on the project and further staed that the owners had been told that if problems arose over the annexation and they wanted to withdraw their petition they would be allowed to do so. CounCilman Dodds moved to pass the Ordinance with a second from Councilman Poole. The motion carried with all members voting Aye. 00215 3. CONSIDERATION OF APPROVAL OF MINUTES Councilman Amick moved to approve the minutes of the September 30, 1985 and October 7, 1985 meetings as written. Councilman Dodds seconded the motion which carried with all members voting Aye with the exception of Councilman Poole who abstained due to her absence at the September 30, 1985 meeting. 4. PUBLIC HEARING REGARDING AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING APPENDIX A ZONING BY ADDING REGULATIONS RELATING TO SATELLITE AND RADIO RECEIVERS AND TRANS- MITTERS. Councilman Amick moved to open the Public Hearing and Councilman Dodds seconded the motion which carried with all members voting Aye. Citizen, David Christiansen, read aloud a prepared statement regarding this subject (see attachment A) Mayor Sample responded to Mr. Christiansen's statement saying that he believed ecvery City has very much the same laws. The Mayor then asked Eric Stanton, Building Official, why Mr. Christiansen's satellite dish was determined to be illegal. Stanton said there has to be a 5 foot setback under the old ordinance and Mr. Christiansen's has only a 3 foot setback. Stanton went on to say that even under the new ordinance this would not be legal. Councilman Poole asked if it was the dish or the pole that was illegal. Stanton replied that it is the dish itself. Councilman Amick stated that this ordinance is not designed to make dishes illegal but just to have them comply with any other structures close to a house. If this dish is not aesthetically poor or a safety problme, then he could see no problem. He went on to say that the Council does not wan to see dishes in the front yards and that they want to restrict radio towers for safety and aesthetic reasons. Councilman Amick referred to a recent Letter to the Editor in the local paper eluding to the fact that soon the City would be restricting where a person could place a swing set. Mayor Sample asked Eric Stanton to go over the new restrictons for the audience. Stanton stated that this ordinance will cover Satellite receivers 6' or more in diameter. These structur~ may be located to within 3 feet from the main structure. Roof mounted television antennas less than ten feet in height have been exempted. Ail radio antennaes shall be setback a distance equal to their.height from any property line with a maximum of 60 feet. Maximum of the dish itself from the ground is 14 feet. There must be a minimum of 2 feet between the ground and the bottom of the dish, which effectively allows a dish up to 12 feet in diameter. Ail ground mounted structures must be screened by a 6 foot wood fence. Herb Tanzer, owner of SCS Satellite Systems in Plano, Texas, who does business in The Colony said that of 21 cities in the metro- plex area, only 3 have passed satellite ordinance. He stated that two cities including Plan©, have tabled the ordinances be- cause the F.C.C. has established a national guideline, governing ham radio towers, stating that cities would no longer have any authority to govern them and that in November there would be a policy governing satellite dishes. He went on to say that in this area it takes approximately a ten foot antenna to receive watchable reception. Tanzer stated that if this ordinance passes, the ground mounted dish would be fine but if the dish is pole mounted, then it would be limited in size to an inch or an inch and one-half after you install a fourteen foot pol~ He said effectively it would be ~re~entingtperson~'living, on the north side of the to from purchasing a satellite dish since only a pole mounted dish/antenna will give them adequate recep- tion. He went on to explain why this was so and answered questions regarding the.placement of dishes and why some ground mounted dishes work and why some have to be pole mounted. Barbara Harrington, 6011 Spring Flower, Dallas, also a dealer in satellite dish antennaes said that the ordinance needs to be applicable to everyone and that the average height of 002155 a pole mounted dish/antenna in this area should be 17 - 20 feet not including the dish intself which would add more height. She said she felt that 25 feet would probably be sufficient to cover most cases. Mayor Sample stated that when this ordinance was first discussed in an open meeting, that there were several satellite dish dealers present and that they did not have any real problems with the ordinance as it now written. Ms. Harrington stated that she had been to council meetings of Plano and Richardson and in both cases, the same was true. She said that councils were receiving inaccurate information. Councilman Amick stated that he could not understand why some dealers had no problem and some had so many problems with this ordinance. Harrington said she was not sure, but that perhaps these persons had not been in business very long and just were not aware. She went on to say that she knew that some people simply cannot have satellite T.V. with a roof mount or pole mounted dish, and that she feels our ordinance should make allowances for these people. Councilman Harris said that realized that some of these people speaking were experts in their field, however, this is a public hearing for the citizens of The Colony, not vendors living out side the City. David Brown, 4833 Pemberton, asked if this ordinance had already been passed in closed session or has this law not been passed. Mayor Sample advised him that no law is passed in closed session. The Mayor then stated that we are donig what most cityies are now doing and that is using ordinances already on the books that pertain to accessory buildings. Mr. Brown asked why he was denied a building permit just this morning if there was already a law on the books. Eric Stanton stated that when Mr. Brown applied for his permit had no required sketch or specific details on the permit application. Mr. Brown then asked how many restric- tions are on these permits that are not published for people aware of. Mr. Stanton that his department could have shown him what is required under the current ordinanc~ Mr. Brown proceeded to question Mr. Stanton's availability this date to answer his questions while in his office. Mayor Sample at this time, advised Mr. Brown that this was not the place for him to complain about a City employee and that if he wanted to do so that he could speak to Janice Carroll, City Manager. Steven DeStout, 5171 S. Colony Blvd., said that the previously mention letter to the editor was written by him and that he was just trying to bring some attention to this matter. DeStout went on to say that he thinks everyone wants the same thing but he is afraid that this particular ordinance if passed as written will force some homeowners to have inadequate systems. He stated that is concerned that the restriction on tall poles is not adequate. At this time he passed some pictures around to the Council to view various pole mounted dishes, antennaes, and other structures in the City that are visible from the street. Mayor Sample asked him what diameter dish would be adequate. Mr. DeSTout stated 10 foot minimum, 12 foot maximum. Nick Stearn, 15203 Knoll Trail, Dallas, also a dealer stated that he had just come from a meeting in Carroll regarding this same type of ordinance, stating they too were addressing the tall pole problem. He said at this point the committee in Carroll- ton was looking at the following as the restriction on tall pole installations. "Tall pole attached to the house with the antenna (dish) three feet over the peak of the roof." Councilman Amick asked if there were any requirements for the construction and installation of the poles. Mro Stearn said that it had not really been addressed but that he was asked how the poles were installed and he told the~ Councilman Amick asked if there was a need to restriCt the size of the pole, the material of which the pole is constructed and the depth the pole has to be into the ground, and if it was done would it be too restrictive. Tim Harrington, an associate of Mr. Stearn's was present and addressed that question. He stated that yes, that could be addressed very specifically, saying that their poles were looked at by an engineer and that their company recommends a minimum of 3½" schedule 40 pipe. He went on to say that the key factors are the depth of the pole, the gauge of the steel and the perhaps most overlooked, but one of the more important factors is the brakcet that actually attaches to the house. Mayor Sample asked what the average pole would weigh, then asked specifically what Mr. Christiansen's pole would weigh. Mr. Christiansen stated that his pole weighs 127 pounds. Mayor Sample said then if that pole is not attached to the house properly and were to fall it could possible take out the side of the house next to it. Mr. Harrington said he had no problem with establishing standards and felt that it was a good idea. Jim Adams, 5609 Usher stated that he does not have and dish and will probably never buy one, but that he felt if the ordinance is too restrictive then the dishes will be too low, and leave no room for kids to play and feels that would also be unsafe. He stated he would like to see them (antennaes, dishes) no lower than the roof line. Mr. DeStout asked what the next step was if the ordinance was not passed tonight. Councilman Amick said he would like to see the ordinance tabled and a committee formed to study the issue. Councilman Poole moved to close the Public Hearing with a second from Councilman Dodds, the motion passed with all members voting Aye. 5. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY AMENDING APPENDIX A - ZONING BY ADDING REGULATIONS RELATING TO SATELLITE AND RADIO RECEIVERS AND TRANSMITTERS. There was a short discussion regarding tabling this item and estab- lishing a committee to study the issue. Councilman Amick moved to table this item and to form a committee to study the concerns. Councilman Amick then asked if Nick Stearns, David Destout and David Christiansen would serve on the committee along with two councilmen. The above named persons agreed to serve on the committee. Councilman seconded the motion which carried with a unanimous roll call vote. Councilman Dodds and Councilman Gray were appointed to serve on the committee. Councilman Poole seconded the motion which carried with a unanimous roll call vote. At this time, Mayor Sample called for a 10 minute recess. Upon reconvening Councilman suggested that two disinterested persons be appointed to the above named comittee and nominated Harvey Bradley as one and said he would find another person who would serve. Amick also said he felt a staff member should serve on the committee. 12. ESTABLISH HOLIDAY MEETING DATES FOR THE CITY COUNCIL Mayor Sample went over the calendar for the months of November and December stating that we would have regular sessions on November 4 and 18 and that we would need to have a Special Session , November 25, 1985 to award bids on the swimming pool. At this the Mayor reminded everyone that November 5 is an election day on which several bond issues for Denton county will be voted and that all citizens should make every effort to get out and vote. Janice Carroll, City Manager said that she would like to set up a work session between the Council and the Park and Recreation Board and it was decided that November 11, 1985 would be set aside for that meeting. It was also decided that in December on the regualr sessions on the 2nd and the 16th would be held barring unforeseen circumstances. There was a consensus on the Council that the above dates would be established for the holidays. 6. PUBLIC HEARING REGARDING AN ORDINANCE OF THE CITY OF THE COLONY TEXAS, AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY RELATING TO ZONING BY THE AMENDMENT OF CERTAIN SECTIONS THEREOF;ADDING A MULTIPLE-FAMILY 3 AND MULTIPLE-FAMILY 4 ZONING DISTRICT. Eric Stanton, Building Official, went over the changes in the ordinance, explaining the Multiple Family 1 and 2 density. Councilman Dodds moved to open the Pulbic Hearing with a second from Councilman Amick. The motion carried with all members voting Aye. Mr. Fletcher, 4705 Strickland asked about zoning on FM 423 re- garding apartments. Mayor Sample said that he is sure that the zoning in that area is going to be changed to commercial. Mr. Riney, 4825 Alta Oaks, asked why the City has to have multi- family zoning, stating that when he bought his home here he was told there would never be apartments in The Colony. Mayor Sample stated it was necessary to bring commercial land into the City so The Colony can compete with surrounding cities. He also stated the apartments are a good revenue producer. With no further discussion, Councilman Dodds moved to close the Public Hearing, with a second from Councilman Gray. The motion passed with all members voting Aye. 7, CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING APPENDIX A OF THE CODEOF ORDINANCES OF THE CITY OF THE COLONY RELATING TO ZONING BY THE AMENDMENT OF CERTAIN SECTIONS THEREOF; ADDING A MULTIPLE FAMILY 3 MULTIPLE FAMILY 4 ZONING DISTRICT. Mayor Sample read the caption of the ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY RELATING TO ZONING BY THE AMENDMENT OF CERTAIN SECTIONS THEREOF; ADDING A MULTIPLE FAMILY 3 AND MULTIPLE FAMILY 4 ZONING DISTRICT; RELATING TO THE ESTABLISH- MENT AND PURPOSE OF ZONING DISTRICTS; RELATING TO THE USE OF LAND AND BUILDINGS; RELATING TO LOT AREA REQUIREMENTS; RELATING TO LOT WIDTH REQUIREMENTS; RELATING TO DWELLING AREA RE- QUIREMENTS; RELATING TO FRONT YARD REQUIREMENTS RELATING TO SIDE YARD REQUIREMENTS; RELATING TO HEIGHT REGULATIONS; RELATING TO VEHICLE PARKING REGULATIONS; PROVIDING A SAVINGS CLAUSE: PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY Councilman Amick moved to pas the ordinance as written and Councilman Poole seconded the motion. Councilman Harris at this time asked if in the future when an ordinance is brought before council with changes that those changes be noted so the Council does not have to read the entire ordinance and compare the whole thing to the old ordinance to determine what those changes are. City Manager Janice Carroll said that could be done. The ordinance then was passed with a unanimous roll call vote. 8. PUBLIC HEARING REGARDING AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY TEXAS, ORDINANCE NO. 61, IN REGARD TO: HOME OCCUPATION, CARPORT SETBACK AND SITE PLAN APPROVAL. Councilman Dodds moved to open the Public Hearing with a second from Councilman Arrambide. The motion carried with all members voting Aye. Eric Stanton> Building Official reviewed the highlights of the ordinance stating that it does not change the existing ordinance, only clarifies it as follows: 002162 Home Occupation - A hqme occupation specifically excludes the operation of a repair shop or garage, antique shop, beauty shop, barber shop, plumbing shop, manufacturing process, or similar sales or service activity on residential premises, materials and vehicles used in connection with any commercial use on a residential lot or tract shall not be stored on said residential lot or tract except for company vehicles of less than one (1) ton carrying capacity used for passenger transportation only. Councilman Poole stated that she felt beauty shops, barber shops and antique shops should be allowed. Mr. Stanton stated that they were not allowed per the original ordinance and that persons operating such businesses in their homes were actually in viola- tion of that ordinance, however, since no complaints had been received, no action had ever been taken. Councilman Poole said that she thought that there was a beauty shop in the city for which a permit had been obtained. Mayor Sample askedf that be research and that if so, that person would be grandfatehred. Stanton went on to say that the ordinance was not intended to be a "witch hunt", but rather would be enforced on a complaintl~ basis only. Janice Carroll said that it would be enforced when the occupation violated home environment with noise, traffic, etc David Christiansen, citizen, said the city needs to let people know what laws are so that they will know whether or not they breaking them. Mayor Sample said that it is virtually impossible to inform everyone of all laws. John Adams, citizen stated that he felt selective enforcement of laws and ordinances was not right. Councilman Amick stated that it was not selective, but would be done on a complaint basis only. Harvey Bradley said he felt that no beauty shops, barber shops, etc. should be allowed and that we should leave well enough alone. Mayor Sample asked Eric Stanton if this ordinance anyway effects or addresses babysitting. Mr. Stanton replied "No." Mayor Sample asked why it was necessary to redefine these things and why we didn't just redefine the particular areas we are having problesm with. Mr. Stanton stated that the original ordinance was too vague to be able to address certain problem areas and that redefinition was necessary in order to be able to enforce properly. There was a lenghty discussion regarding various types of home occupations and their affect on the neighborhood environment. It was determined that Avon representatives and other such persons were not in violation. Stanton stated that it is not illegal to have an office in the home. It is not legal to have employees Mayor Sample stated one of the purposes of this ordinance is tc protect the integrity of the neighborhood as what it was intended, that of a residential area. Carport Setback - Janice Carroll stated that the original ordinance allowed a 20 foot setback and the new ordinance allows a 5 foot setback. Councilman Harris moved to close the Public Hearing and Council- man Amick seconded the motion which carried with all members voting Aye. 9. CONSIDERATION OF AN ORDIANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ORDINANCE NO. 61, IN REGARD TO: HOME OCCUPATION, CARPORT SETBACK AND SITE PLAN APPROVAL. Councilman Poole asked if existing permitted businesses are going to be grandfathered. Mayor Sample said he did not thin~ 00216: this was a case where grandfathering would be necessary. He went on to say that we can not go back and disallow something that has already been allowed. Councilman Amick moved to approve the ordinance as written with a second from Councilman Dodds. Council- man Dodds went on to say that this ordinance should be enforced on a complaint basis only and ther intent was not to encroach on good neighbors and good citizens. Janice Carroll stated that from the staff view point, it seen from both sides and that the City must have laws in order to protect the quality of life or abuse will occur. She went on to say that we are set up within a Democratic framework and that citizens can appeal. She said the public does have the power to change laws. Councilman Harris asked if some unwanted businesses will be grandfathered. Janice Carroll said no unless they had be~,legally permitted. Carroll stated that if the~do not currently have a permit then they will not be grandfathered. The motion carried with a unanimous roll call vote. 10. RECEIVE REPORT REGARDING THE PLACEMENT OF STREET LIGHTS AT CARR/ CHAPMAN PARK. Janice Carroll showed a map indicating where the lights could be placed. She stated that staff was very pleased with the costs that had been quoted. Councilman Stated that he had spoken with the residents in that area and that recommends placing two lights on either side of the park. (north and south) Councilman Dodds moved that two lightw be placed on either side of the park (north and south). Councilman Harris expressed concern if two lights would be sufficient light for the park. Councilman Amick said he was not sure but that it would allow someone to be able to see into the park from the stree~ Council- man Harris noted that it would only cost $150.00 more to install another light. Councilman Dodds amended his motion to place three lights at the park, locations to be determined by staff. Councilman Poole seconded the motion which passed with a unanimous roll call vote. 11. CONSIDERATION OF AN ORDINANCE ANNEXING A 500 FOOT WIDE STRIP OF LAND (EAST/WEST) AND ONE MILE IN LENGTH (NORTH/SOUTH), GENERALLY LOCATED ONE-HALF MILE WEST OF FM 423 NORTH OF BOYD ROAD ON WYNN- WOOD PENINSULA AND EXTENDING ONTO HACKBERRY PENINSULA. Mayor Sample stated he would like to see this item tabled until later this same week because we do not have the correct legal description and would rather not pass the ordinance until that is available. Councilman Dodds moved to table this ordinance with a second from Councilman Gray. The motion passed with a unanimous roll call vote. 13. CONSIDERATION OF ESTABLISHING A POLICY FOR COMPLYING TO FAIR LABOR STANDARDS ACT REQUIREMENTS. Janice Carrollsaid she had received a letter from the City Attorney advising the City to put off establishing a policy until the new legislation regarding this act is passed. Councilman Amick moved to table this item until such time as it necessary. Councilman Poole seconded the motion which carried with a unanimous roll call vote. At this time, the council went back into closed door session. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTIONS 2E and 2G, REGARDING LITIGATION AND BOARD APPOINTMENTS. 14. CONSIDERATION OF BOARD APPOINTMENTS A. BOARD OF ADJUSTMENT AND APPEALS B. PARK AND RECREATION BOARD There was not appointment made for Board of Adjustment and Appeal, dues to a lack of applicants. Councilman Amick moved to re-appoint Sara Fortune to the Park and Recreation Board with a second from 00216' ., Councilman Harris. The motion carried with all members voting Aye. With no further business to address, Councilman Dodds moved to adjourn the meeting. Councilman D~ick seconded the motion which carried with all members voting Aye. Mayor Sample adjourned the meeting at 11:49 p.m. APPROVED: ATTEST: [ SEAL] ATTACHMENT "A" 002165 -- SPEEC~ 76 TH:' C]~, COLI'~C~'- ,.-,CTOBE~ 25.1985 -- ,,aY_ Deer, my name is David Cnriszer, sen. ] am 3'_-' years o!d aha married for 16 years. ; have Deer, a :,Dine o~r, er for that lengtr, of t imf. I i v ing i n Gar 'l and DeCode mov ing ~o Tr,e Co i ony over 5 years ago. ~e nave a son donn ~no is 5 montr,s old. ~e res i Of at 5605 usher S%reet. We were the First famiiy to move- in~o s home on Usher. My wife is a weaO Qual i~y Control lnspeczor for ZEal.aS II-~STRUMENTS anO nas ~ocmeO ~here for over 18 years. 1 am a Communication Services N~anager for ELECTRONIC DAZA SYSTEMS ~itn responsibility for over 40 employees, i ?m a member of ~r,e Cotony Mens Garden CiuD. ,,~ is &e~icate~ t0 t~e 0f our citlf ...... AND ............ I AH A LA~BREAKER ............. Upon moving to The Colony my wife and 1 decided that. the easiest way to live in a nice neighborhood was to pitch in and help maKe it sc. We Dian~ed trees along the alley the wno'le iength of the blOCK 8nO all the way to the corner on Taylor Street. We planted Yuccas and honey- succie on both sides of the bridge on Taylor Street for beautificaZior and to make sure no chi'ioren feli off the bridge. My wife dUg um soc and Dlanteo it in ~ne city right-de-way on the other side o~ ~ne a~,e~. We planted an ~ris bed a~ the entrance to our alley. The remaining mlan~s were donated ~o our new neighbors who were Dy this ~ime beginning to move in. 1 then obtained building ~ermits ar, Oegan work on a storage shed. or!vary fence, and smrinkler system. ] spent a large amoun~ of mone~ making the shed match the house. Because of the water in those years killing plants, ! had to put in over 50 sprinkler heads in the lawn and flower beds. The building permit at that time remuired me to produce a bluemrint of the system and pay a surcharge for each heao. ~ did it because it was the law. ! also tried to get a permit to put up a carport like the ones in Carrollton and Lewisville of any style required and was turned down. We have landscaped all 4 sides of our house at a cost of over four thousand dollars for rock walls, grass, trees, and bushes. When ! began to feel that these projects were moving along too slow because of finances ! took a second job for Z l/Z years. All this time our goal was to have one of the nicest homes in the colony. People from other neighborhoods are continuously coming by and complimenting us on our home. I consider myself to be a good neighbor and citizen of The Coiony... BUT ........ APPARENTLY ! AM ALSO A CROOK ............. After speaking to the Colony Cable Company about loss of picture during wet periods and horizontal garbage on my screen all the time, my wife and ! decided to purchase a satellite system. We then smoke with several of our neighbors. They had no problems with it, including the location. We realized that satellite dishes were not as pretty as a tree 00216o Dit izv are~. Fo;- soft. e, ar~c rece. z ic, r , ea~z,",s we rleeaed a DOte mountec ~ne szror,ges: and mos~ fei ideate. ;o f u:'zr, e~ er~nance trip safezy issue we i~ao tr~ sci ~ ]r~o com~anv i nsza~ i ~ ~. O.dr system ] s garan~eeo %0 operate ir~ wings of 60 mi les per ~our a~'~o w~ : ~ wi:~ s[a~c ~inos of over ][10 mdb. Wr~az tni[ means is ~at wner~ a severe ~ir~ B~o~s our OUAL[TY home away, my dish wii'~ sti ii De s~anding. Zne 4 ~RCr~ iroq pole ~s compietelY welde~ ar~o sunk in concrete to a oeptn of 5 fee~. [~ ~[LL NOT COME DOWN. ]ne pole itself was $i0 Der foo~. ~oz. al cost cC the system inciudinG 3 receivers was $4500. ~rle r~eigRt is just er~ougr; ~o c~ear m~ chimmne¥. ~nen i reap in the paper aDOU~ ti~e Satellite ordinance under dis- cussion, ~ caiie~ my city council ~erson ~ne gra~iousiy researched the proDiem for me. Her return call informeo me ~ha~ not only was t going ~o De ii'~egai according ~o ~he new ordinance, ! was airead~ Breaking the iaw for ~wo reasons; i. I didn'~ get a permit to put up a television antenna. 2. I'm not allowed to put an antenna pole in my side yard Because of the five foot STRUCTURE building restrictions with were designed to allow passage of firemen. It seems much easier to go around a pole than to knock GOWn a well-buil~ privacy fence, Dui that is my o~inion. i was ~olo that none of mv neighbors comDiaiRed but tha~ someone drivin~ oown North Colony Bo~livard naG, i aDoiogize for Buying a nome in WhiCh the rear of the house can De seen from another s~ree~, in aOout a year my neighBOr'S fas~ growing wiliow tree will eliminate problem. I was aisc told that the flower beds we nad planted along the aliey were very pretty but very illegal. ! then made inquiries and found that about the only thing I can do to my nome or yard withou~ a permit is paint my house. I added guttering to my roof without a permit ..... illegal I built flower beds using decorator posts to stop the erosion of dir~ away from my slab foundation ......... illegal I replaced my front door witr~ a stained g~ass unit ...... illegal I had a solar system for heating the house and water installed ..... illegal without a permit. I~ seems the only thing that seperates renting an apartment in Dalla, from owning a home in The Colony is I can paint my house without a permit I didn't try to pull the wool over anyone's eyes but the fact remains ..... I AR A LAWBREAKER ............ I wonder at what point the homeowners become overprotected out of their rights. ! have noticed over 100 TV antennas mounted on the sides of the houses in the colony. This could be bigger than the Dallas Drug Problem. And what about all the illegal landscaping? ?he problem with the guidelines is that the reason for them is to make The Colony nicer for all of us. But now many people will install 002167 outtering or landscape timb{~rs rc.~ t~",~' Vhe¥' know ~hey nave to, go get i [,ave Lwo ex[D~L5 : NumDer ] i 5 Dr)OtO~raDrlS~ Of ~ y a~% .~FJ~. [ . LOOK ing ~own tr,e DFC DerZ. i i ne eros, the fronL. 2. Looking from the right side. 3. Wnaz someone dr i ving oF :ne el onL sees. 4. Wr~a% someone QrivinG oowr~ a privaLe al iey sees. ~.L00kins a0v~ the property line from the back, b ...... the POLL .... 2. ]his is a petition circulaLed By J~m and Amy Adams. m? nexm ~oor neig~]Dors, and signed Dy al'~ my neighbors on Usher SSree%. Please note that Usher was the ONLY sLree5 that ~he petition was circuiate~ on and EVERY resident on Usher Street has signed ! suspect that a petition circulated thru out the city woul~ nave similar results. If ! am reauired to move my dish 1 will have to REMOVE it. i install it per the new ordinance it will De even more visiDie than it is now and reception will be marginal. 1 would also like to point out the facz thaz the DaCK yard Of a Flair nome is only aoou~ as 'large as a good sized living room. My nome is 2Z00 square feel and is on the same sized ioz as a ~oday home. ]t wouid seem that the onty ~eopie penalized by these ~yDes oF ordinances are those wno attempt to follow them? My next option will be to pay $50 and stand before the variance commitLee and s~a~e my case. ] nave aireaay Deen advised Dy one member that ! probably have a snowball's chance in hell. Since ne Knows me. agrees witr, me, and is my frien~ ne must disqualify himself. Wil'~ members of the Colony Cable Company do the same? As ~echno]ogies and living s~andards change, history nas a wa), of repeating itself. Researcn snows that in cities thru out the United States much heated argument fol lowed requests to bui id a BARN attatched to the side of an otherwise fine home for the purposes of housing the then sparsely used ........ AUTOMOBILE ....... i ask that you v iew the facts and c i rcumstances careful l y and a l I ow the laws of common sense, dignity, and fair play to help guiOe us as we try to create a city ~o be l oveO by the children now and in the future. THANK YOU ~~~ ! wou=c ±:zze ts r~-~c j, reccmmendations: ~. Pardon all ordinance violators from this date back because you orcbabty won'- catch but a chosen few anyway and it vf_'_'l allow ur~[nov~ng criminals to become honest citmzens Publish · pe~oc_~a! announcements in the Colony papers listing alk ord±na~uces pertaining tca homeov~mer's let and outside shelL. Post a list o~ these ordinances at F & J sales offices· Let's get new homeo%;u~ers to not regre~ buying in the Colony due to surorises.