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HomeMy WebLinkAbout05/02/1988 City Council 00295,' MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 2, 1988 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 2nd day of May, 1988 at City Hall with following Council roll call: Don Amick, Mayor Absent Rick Harris,Mayor Pro-tem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Arrived 9:00 p.m. Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with five members present a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Pro-tem Harris led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Bill Hall, City Manager, explained that he had requested some more concentrated enforcement of the weed and rubbish ordinance and that he had been asked if warnings or citations should be issued, to which he had replied, if citations are justified, then citations should be written. Mr. Hall said that the Inspections Department had in fact written citations, almost exclusively and not warnings and went on to say that a large number of the citations were not justified. Mr. Hall did say that some of the locations were in really bad shape and did deserve a citation, going on to say that most of the citations did not get processed through Court and that he has voided them and has tried to speak with everyone and explain the situation Mr. Hall then advised everyone that the candidate forum held on April 26 will be shown on Cable Channel 1.8 beginning today and he proceeded to read the scheduled showings. A1Gober 4920 Crawford, representing The Colony Youth Soccer Association showed the Council and the audience a banner that had been entered in a contest, on which The Colony logo had been used.The Mayor Pro-tem asked if the banner could be displayed at City Hall for a few days. Sherry Schuyler and Kathy Phillips representing the Park and Recreation Board introduced Ben Wauser, a member of the newly formed Friends of the P.A.R.D. Ben explained the group will be known as PARDNERS and that the purpose of the group is to hold fund raisers to buy equipment for the Park and Recreation Department. The organization then presented PARDNERS T-shirts to the City Council, City Manager and the City Secretary. 3. MAYORAL PROCLAMATION REGARDING THE GRIFFIN MIDDLE SCHOOL STUDENT'S TRIP TO WASHINGTON, D.C. Mayor Pro-tem Harris read the proclamation in it's entirety as follows: WHEREAS, the City Council of the City of The Colony, Texas recognizes the importance of good education for our children; and WHEREAS, this Council values the benefit gained from the study of our nation's government; and 0()295 WHEREAS, the City of The Colony has been asked to support a forthcoming trip to Washington, D.C. to be taken by eighth grade students from Griffin Middle School; and WHEREAS, these students will be holding fund raising activities to earn money to pay for this trip: NOW, THEREFORE, I Don Amick, Mayor of the City of The Colony, Texas do proclaim this trip to Washington D.C. a worthwhile endeavor for the young people of our community and urge all our citizens to contribute in any way possible to ensure the fulfillment of this goal · SIGNED AND SEALED this 2nd day of May, 1988. (s)Rick Harris, Mayor Pro-tem ATTEST: (s)Patti A. Hicks, City Secretary At this time, Karen Hundt, Korey Poe, Hazel Martin, teacher and other students accepted the proclamation and Karen thanked the Council for the proclamation and the support, and stated that it is an honor to be chosen to place the wreAth on the Tomb of the Unknown Soldier. Ms. Martin, said this is the first year that Griffin Middle School has been chosen to lay the wreath and this is a great honor, going to say that they are still soliciting donations, noting that Ebby Halliday had given $50.00 and had challenged other businesses to match the donation. 4. PUBLIC HEARING ON APPLICATION OF ANGELINA VALEZ SEEKING TO HAVE THE FOLLOWING DESCRIBED PROPERTY, CURRENTLY ZONED GENERAL RETAIL, CHANGED SO AS TO GRANT A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON-PREMISE CONSUMPTION Councilman Poole moved to open the public hearing and Councilman Bradley seconded the motion, which carried with all members voting Aye. Dean Powell, 5097 Roberts said he had lived in The Colony since 1977 and that he feels the City Council is too liberal in their approval of liquor licenses. Morris Seay, 4920 Ward, said there is no liquor -ordinance in the city and that until one is approved, there should be no SUP's granted. Jack Pendergraph, 5205 Runyon stated that he is opposed to driving and drinking and is opposed to this SUP. Mayor Pro-tem read a letter from Councilman Glazener, who was not present at the meeting at this time, in which he opposed the granting of this SUP. At this time, Councilman Poole moved to close the public hearing and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. 5. CONSENT AGENDA A. CONSIDERATION OF THE APPROVAL OF MINUTES FOR THE APRIL 18, 1988 COUNCIL MEETING Councilman Poole moved to approve the minutes as written, and Council Bradley seconded the motion, which carried with a unanimous roll call ~vote, with the exception of Councilman Robinson, who abstained due to 00 98 absence from the meeting. B. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT CLASSIFICATION ~OR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON- PREMISE CONSUMPTION. 4750 SOUTH COLONY BLVD., SUITE 120 Councilman Spears said he felt the vote on this item should wait until the Council addressed Item #9, which - is the discussion of liquor sales regulation in the City. Mayor Pro-tem Harris said this is only a discussion tonight and that no action will be taken. Councilman Spears asked if this item could be put off until the recommendations are done. Mayor-Pro-tem Harris said that he believed the Council had agreed not to postpone any request which had been initiated before these regulations were deemed necessary. Mr. Joel Marks, stated that he thought the Council had to read ordinances twice. Councilman Poo]e moved to approve the Ordinance as written and Councilman Robinson seconded the motion which carried with the following vote: Spears - No; Robinson - Aye; Bradley - Aye; Poole - Aye; Harris - No C. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING CHAPTER 6-31 RELATING TO THE ENGINEERING DESIGN MANUAL AND STANDARD CONSTRUCTION DETAILS FOR PUBLIC WORKS Bill Hall explained that this item had been on two prior agendas for discussion and that it is merely adopting changes that have been brought about by law. Councilman Poole moved to approve the Ordinance as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 24 OF APPENDIX A-ZONING OF THE CODE OF ORDINANCES, RELATING TO PLANNING AND ZONING PROCEDURES Bill Hall explained that this item had too been on the agenda twice prior to this for discussion and that the change has to do with clarification in approving and denying of items going before council after they have been to P & Z. Councilman Poole moved to approve the Ordinance as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES RELATING TO CERTIFICATE OF OCCUPANCY Bill Hall said that we had just amended the SFR Ordinance and in so doing had deleted existing C.O. ordinance. Mr. Hall said this ordinances establishes C.O.s and reinspection fees and then read the proposed amendments: "Section 307(f). Group R Occupancy Upon a change of ownership or a change of occupancy of a non-residential unit or a residential dwelling unit, the owner, his agent or the occupant shall request a Certificate of Occupancy from the Building Official of the City of The Colony" "Section 6-115 License and Inspection Fees The fee for the first Certificate of Occupancy inspection shall be $25.00; The fee for any additional inspections thereafter, if required, shall be $20.00" Marsha Barron spoke up, stating she does not object to the $25.00 C.O. fee but she feels the re-inspection fee is ridiculous, going on to say that some HUD homes will never pass an inspection the first time and those people will be charged twice. Bill Hall said that is not the intent, but to be sure the items on the inspections form, which are of a safety and hazard nature are taken care of, going on to say this is a time consuming task and there are administrative costs involved. Councilman Bradley moved to approve the Ordinance as written and Councilman Poole seconded the motion which carried with a unanimous roll call vote. 6. REVIEW OF PROPOSED AMENDMENT TO CHAPTER 10 OF THE CODE OF ORDINANCES RELATING TO WEEDS, TRASH AND RUBBISH There was a brief discussion regarding the purpose, which is to delete the word "Johnson" from this section. Currently Johnson Grass is directly referred to and deleting the word Johnson will broaden the meaning of the ordinance. Councilman Spears moved put this Ordinance as written on the next agenda for approval and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH FIRST COLONY BANK FOR THE FINANCING OF FOUR (4) POLICE CARS AND A 5" LARGE DIAMETER FIRE HOSE Bill Hall said these were both budgeted items and bids had approved previously by the Council, stating this is an agreement with First Colony Bank for 3 years at 6.9% interest for a total of $60,000.00. Councilman Poole moved to approve the agreement Councilman Spears seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES RELATING TO SOLICITOR'S PERMITS Mayor Pro-tem Harris read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY BY AMENDING SECTION 15-10 TO PROHIBIT DIRECT SOLICITATION WITHIN A CERTAIN DISTANCE OF A SCHOOL ZONE DURING SCHOOL ZONE HOURS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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 W~ICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Councilman Bradley moved to approve the Ordinance as written and Councilman Poole seconded the motion. Councilman Spears said he is very much n favor of this Ordinance but he suggested that the vendors should be allowed in the school zone that is not part of the school property, such as the parking lot on the corner of S. Colony and Blair Oaks. Chief Ristagno said that was discussed, but it was felt that would create a crowd of kids in one and area and then the crowd would all be at the cross-walk. Councilman Spears agreed. Louise Brown, 5009 Brandenburg said that this is a real problem at Camey Elementary but that she thinks the vendors are O.K. in the school zone, just not on school property. Joel Marks asked if there are problems at every school or just Camey. Ms. Brown said GMS had solved the problem but it was a major concern at Camey. Mr. Marks asked why the City doesn't designate a certain area for vendors. Chief Ristagno noted that there is presently n vending allowed in City parks. Mr. Marks said if S. Colony and Blair Oaks is safe then this ordinance should be amended to allow vending at that location in order to protect the kids. Ms. Brown said she is representing 400 parents and that is the only safe place. Mayor Pro-tem Harris asked Chief Ristagno to continue monitoring this problem to determine if this ordinance should again be amended. At this time the motion carried with a unanimous roll call vote. 9. REVIEW OF PLANNING AND ZONING RECOMMENDATIONS FOR LIQUOR SALES WITHIN THE CITY OF THE COLONY Mayor Pro-tem Harris said that Council had tasked P & Z to look at the current liquor sa]es in the city because there had been many requests for liquor sales of one type or another. Mr. Bob van Til stated that the report from P & Z lists about 30 items which relate to the alcohol sales in the City and then covered his memo. Mr. van Til said the most concern seemed to be over liquor stores, stating that bars, restaurants and clubs can operate wherever zoning will allow, of course not in a residential area. Mayor Pro-tem Harris noted that there are 7 recommendations recommended. There followed several questions from the Council regarding different rules for on and off-premise consumption, percentage of food to be sold, 400' distance. Mayor Pro-tem Harris asked if No. 3 can be done, which reads "That there be only one liquor store per shopping center, strip center, or mall.", and stated that he would prefer separate restrictions for restaurants, bars and private clubs. The Mayor Pro-tem also asked that the percentage of food be checked into more closely. Bill Hall asked if other cities had been surveyed. Mr. van Til said that 10 cities were surveyed, 2 of which were wet. Joe] Marks asked how the percentage of food sold would be policed. Mayor Pro-tem Harris said the establishments would be required to submit quarterly reports to the City. Mr. Marks asked who would handle those reports, and Mr. Harris said the Finance Dept. Susan Moore, 4801 Roberts asked how the distance is measured. Mayor Pro-tem Harris said from property line to property line. Dean Powell said that the Council needs to toughen up a bit to keep the undesirables out. Mayor Pro-tem Harris stated that is why this item is on the agenda. Debbie Litton, 5505 Baker asked if she understood the Council to say that there are too many liquor stores. Mayor Pro-tem Harris said no the Council did not say that but the Council does see a potential for problems and they want to pass appropriate ordinances in order to have reasonable control. Mayor Pro-tem directed that 0029B this item be placed on a future agenda for Council action. 10. CONSIDERATION OF APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF THE COLONY AND THE COLONY AQUATIC TEAM (CATS) Bill Hall said this is the same agreement as the 1987 agreement and that this is a good program for the City as well as the team. Councilman Poole moved to approve the agreement and Councilman Bradley seconded the motion, which carried with a unanimous roll call vote. _ 11. HEARING BEFORE THE CITY COUNCIL AS REQUESTED BY MR. JOHN MERCHANT WITH REGARD TO APPLICATION FOR A SEXUALLY ORIENTED BUSINESS LICENSE Mr. Merchant was represented by his attorney, Mr. Bruce Anton, who stated that he believes Mr. Merchant is operating his business in the spirit of the ordinance and that they are present tonight to hear any evidence to the contrary and to ask the Council to reconsider the application for license. Bill Hall said the City does have civil litigation against the Movie Merchant due to violations of the zoning ordinance which disallows operation of a Sexually Oriented Business (S.O.B.) within 1000 feet of a church or a day care center. Mr. Hall said the case has been turned over to the City attorney and that Mr. Merchant did apply for a S.O.B. license, which was denied by the Chief of Police, going on to say that the ordinance does allow for appeal before the City Council. Ben Marlin 4504 Keys said he is proud of The Colony, and that he does not shop the Movie Merchant because there are questionable movies there, going on to say he is very much in --~ favor of enforcing the S.O.B. Ordinance. Mr. Marlin said he believes our families need to be protected and that Mr. Merchant knew his license was denied, but he continues to distribute this type material and that he should be prosecuted. Mr. Marlin asked why the Council Constable arrested Mr. Merchant on obscenity charges and not The Colony Police and why the Council is doing nothing to keep Mr. Merchant from distributing this type material. Debra Baker 4808 Graham Ct. said she is offended by obscenity and feels that by letting the Movie Merchant continue to operate the police department is looking the other way. Ms. Baker said the government is willing to stand by and let this happen, going on to say that laws without enforcement are toothless and that the citizens are ready to pay for that enforcement before the repairing of a sidewalk. Steve Withers, 4905 Wheeler, stated that obscenity is not a First Amendment matter, obscene material is illegal and not protected by the First Amendment. Mr. Withers said that is areas where this type of ordinance has been enforced, crime is down going on to say that this a president setting case and we have a good ordinance, which has been tested in court. Mr. Withers said he had a petition in support of Jerry Cobb, D.A. for those who wish to sign. - Mike Stanfield 4945 Crawford said there is a possibility of , every law or ordinance being tested and this is one of those cases, stating the Council should not shirk, that the ordinance has been enforced fairly. Mr. Stanfield said that community standards need to be determined and the City Council backs down on this then Mr. Anton would use that in his court case. Joel Marks asked if the City had made a deal with Mr. Merchant or his attorney. Mayor Pro-tem Harris said there had been no deal. Bill Hall stated, in reference to the article in The Colony Leader, written by Paul Long, that he had spoken to the writer and the editor advising them that the article had been written in such a manner as to suggest a deal had been made, but that no deal had been made. Mayor Pro-tem Harris said the City does not want a deal, but compliance. Dorian Beattie, 5721 Truitt, said she was impressed with the actions at this meeting, stating that what might seem trivial in another city, seemed to be important here. Sandy Pendergraph 5205 Runyon, said she shares the feelings already expressed, stating the effects of pornography are very harmful and that people should stand up and do something whey they have the opportunity to do so, going on to say that this is not a victim]ess crime and that we (the citizens) do not want this is our city and implored the Council to listen to the citizens. 9:00 p.m. Councilman Glazener arrived at this time. James Link, 5225 Ragan, commended the Council on the S.O. B. Ordinance and stated that he supports them in whatever it takes to enforce it. Mike Blackford, 5024 Crawford said that he and his family had moved back to The Colony because of the moral fiber of the community and that he fully supports the enforcement of the S.O.B. ordinance. Louise Edmond 5613 Power said she wants to live in a good community and she feels she is in the cesspool of Dallas because all the bad of Dallas is being absorbed by The Colony. Debbie Litton supports the S.O.B. Ordinance and asked the Council not to permit any of this kind of activity and to prosecute to the fullest extent. Bruce Anton attorney for the Movie Merchant said that he and his client believe in the S.O.B. Ordinance and its enforcement, but went on to say that the Council is aware of the points to be proven in order to find his client at fault, and that he does not believe those points have been proven. Mayor Pro-tem Harris stated that he could see no reason to change the decision, based on current information. Councilman Poole moved to deny the appeal for a S.O.B. License and Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. ADDITIONAL AGENDA ITEM: 13. CONSIDERATION OF A RESOLUTION SUPPORTING THE OPPOSITION OF THE CITY OF ALLEN, TEXAS TO THE PUBLIC UTILITIES COMMISSION WITH REGARD TO LOST TOLL REVENUES Mayor Pro-tem Harris read the caption of the Resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, SUPPORTING THE POSITION OF THE CITY OF ALLEN, TEXAS IN THEIR OPPOSITION BEFORE THE PUBLIC UTILITIES COMMISSION WITH REGARD TO EXTENDED AREA SERVICE RULES AND THEIR INCLUSION OF LOST TOLL REVENUES Bill Hall explained that the City of Allen is scheduled to go before the PUC on Wednesday to determine the outcome of their request for EAS. Mr. Hall said that this resolution is for them use in their case against the Lost Toll Revenues that Southwestern Bell is asking for and that it is being done at the request of the Mayor of Allen. Councilman Bradley moved to approve the Resolution as written and Councilman Poole seconded the motion which carried with a unanimous roll call vote. 12. CITY MANAGER'S REPORT Bill Hall reported that the 370-GRIP phone line is up _ and running and that is for citizens to call in complaints and crime information to the police department, anonymously on a 24 hour basis. Mr. Hall stressed that this is not an emergency number. With no further business to address Councilman Bradley moved to adjourn and Councilman Robinson seconded the motion. At this time, Joel Marks asked if there is a cost to put the candidate forum on Channel 18. Mr. Hall said there is not; stating that this is the City Channel and is accessed by the Police Department. Mayor Pro-tem Harris adjourned the meeting at 9:15 p.m. APPROVED: Don ~miCk, Ma~ybr ~ ATTEST: 'Patti A. Hicks, City Secretary [ SEAL ]