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HomeMy WebLinkAbout07/11/1988 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JULY 11, 1988 The Special Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the llth day of July, 1988 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Dick Weaver,Councilman Present Joel Marks,Councilman Present and with seven members present a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America 2. PUBLIC HEARING ON APPLICATION OF MR. DARYL D. SIEMENS, REQUESTING A CHANGE IN ZONING ON PROPERTY PRESENTLY ZONED AS GENERAL RETAIL, TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT CLASSIFICATION FOR THE OPERATION OF A PAWN SHOP 174 MAIN STREET, BLOCK 1, LOTS 90-93 Councilman Spears moved to open the Public Hearing and Councilman Harris seconded the motion which carried with all members voting Aye. Mildred Woodruff, 177 Elm Dr. addressed the council, stating she is opposed to a pawn shop going in behind her residence. She stated she has already had trouble with trash from the previous tenants in that building and that a pawn shop may bring in the wrong kind of people, as well as crime. Ms. Woodruff did request that if the zoning change is granted, a fence be required across the rear of the property. Bob van Til said that P & Z had reviewed the request, that it does meet all the requirements and they do recommend approval of the zoning change request. Bill Hall stated that this is one of the properties under litigation and that it may be sold at auction next month. Councilman Spears moved to close the Public Hearing and Councilman Robinson seconded the motion which carried with all members voting Aye. 3. PUBLIC HEARING ON APPLICATION OF MR. BILL BURGESSER, REQUESTING A CHANGE IN ZONING ON PROPERTY PRESENTLY ZONED AS SINGLE FAMILY, TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT CLASSIFICATION FOR THE OPERATION OF A DAY CARE FACILITY NORTH COLONY BOULEVARD, BETWEEN MELROY AND NEWTON DRIVES Councilman Weaver moved to open the Public Hearing and Councilman Glazener seconded the motion which carried with all members voting Aye. Bob van Til stated that P & Z reviewed this case on June 14, 1988 and did have some concerns regarding traffic but Hal Jones traffic engineer checked into the concerns and felt if handled properly, there should be no problem with traffic. Mr. van Til said 37 notices were sent out and only 1 had been received opposing the zoning change, however, there had been 14 citizens at the P & Z Public Hearing to voice opposition. 0030 I Councilman Weaver stated he was at the P & Z meeting and the vote had been 3 to 1 for the change. Mayor Amick then opened the floor to the public, limiting each to 5 minutes. Dean Bailey, 3221 Cross Timbers, Garland, representing Peanut Gallery Day Care Center, stated that their demographics show 13% of the population in The Colony is under 5 years of age, and that over 60% of the mothers work outside the home, indicating that the need out weighs the existing child care facilities. Mr Bailey went on to say that often young families base their home buying decision on the location and quality of child care and schools. Mr. Bailey stated that this site is almost an acre in size with 230 feet of frontage on N. Colony and it is very good for traffic circulation. Pat Burgesser, 2618 Dove Creek, owner/operator of the Peanut Gallery, stated she opened the facility in Carrollton in a residential area, noting that they operate a family, community oriented facility. Mrs. Burgesser said they have made efforts to keep the noise down through using wooden playground equipment and special materials on the playground surface, and that they stagger groups of children so smaller numbers are outside at once. Bill Bur~esser, 2618 Dove Creek, co-owner of the Peanut Gallery and registered architect with State of Texas, stated the building has been designed to blend into the residential area and that a landscape buffer has been designed along the frontage. Mr. Burgesser said the center of the playground is 120 feet or 40 yards from the nearest residence. Wil]ard White, 2 Melroy Cir., presented the Council with a petition signed by 82 residents opposing the zoning change, stating that they show by their presence at this meeting and the petition that they are against a day care center or any other commercial development at that location, going on to say that all the residents want the area to remain residential and asked the Council to keep it so. Mr. White said the Burgessers said they would leave the gate open so children from the area could come in an play on the equipment after hours. Mr. White expressed concern that some child may try to cross the street to do so and be hurt in the process. Mr. White also said that if this business fails, then another will try to come in and asked again to please keep the area residential. Dean Eanie, 2 Keene Cir., stated she is a mother of 2 children who ride bikes to school and that the additional traffic this will generate will make that route unsafe, asking the council to please deny this request at this location. Leonard Cotton, 4373 Newton, stated he has a nice, new home in a peaceful and quiet neighborhood and he does not want a commercial business behind his residence, asking the Council to keep the area residential. Mr. Cotton went on to say that this area of The Colony is the best area to show homes and it should be kept that way. J.D. Morrison, 4386 Newton, stated he moved here in 1986 to a residential area and is opposed to a commercial site 100 feet from his home, asking the Council to keep the area residential. "- Carlos Quion, 4377 Newton, stated property value as his main concern and asked the council to think about whether they would buy a house with a day care center behind it. Mayor Amick asked for a how of hands from those residents for and against the zoning. Mr. Bailey asked to respond to the concerns. He presented 7 letters in favor of the zoning and stated that they had sent questionnaires to area residents. Mr. Bailey said the gates in O030 g other areas had been left open because the neighbors wanted it that way, but it doesn~ have to be left open. He said a sidewalk will be put along the front of the property, which will add safety to the route, and that he feels locating close to a school or a day care facility increases property values. Mr. Bailey said he went door to door and spoke with several of the residents in the area and heard many proposed uses of that particular piece of property, going on to say that he had acquired a map from Fox and Jacobs, on which the area had been designate for a day care facility. Ken Wood, 5000 N. Colony, said he is concerned about traffic at 423 and N. Colony, that is already a problem, stating this may increase that problem. Carol Chabinak-Ball, 5153 Ra~an, asked who would manage the facility and how many children would it serve. Pat Burgesser said the capacity will be 165 and that they will try to place a current employee, who lives in The Colony, as manager. She went on to say that the Rosemeade location was built first and the homes all around it still sold. Alan Eanie, 2 Keene Cir., asked how adding two driveways into a business could add safety, noting that everyone here (at this meeting) is against this zoning. Mr. Wil]ard White stated that the F & J picture was not on display when he bought his home. Dorothy White, 2 Melro~ Cir., said that there are neighbors that work nights and have to sleep in the daytime and that children playing outside on the playground will make sleeping difficult. Sherrie Quion, 4377 Newton, said this issue was heard at the P & Z meeting and the majority was against it, but it came to Council anyway, stating that even with 82 against and 6 for the zoning may pass anyway. Ms. Quion asked if the zoning is granted, a redesign of the parking lot be required so traffic doesn't back up, blocking her alley. Bill Burgesser said this location has plenty of room for cars on site and traffic should not back up at all. Councilman Spears moved to close the Public Hearing and Councilman Marks seconded the motion which carried with all members voting Aye. 5. CONSENT AGENDA Mayor Amick summarized the items for the audience and Council. A. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE COUNCIL MEETING HELD ON JUNE 11, 1988 Councilman Harris moved to approve the minutes as written, and Councilman Robinson seconded the motion, which carried with a unanimous roll call vote, with the exception of Councilman Spears who abstained from the vote. B. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES GRANTING A SPECIFIC USE PERMIT CLASSIFICATION ON BELOW DESCRIBED PROPERTY, PRESENTLY ZONED GENERAL RETAIL, FOR THE OPERATION OF A PAWN SHOP 174 MAIN STREET, BLOCK 1, LOTS 90-93 Councilman Weaver moved to table this item to the July 18, 1988 meeting, Councilman Spears seconded the motion which carried with the following vote: Harris - No, Spears - Aye, Robinson - Aye, Glazener - Aye, Weaver - Aye, Marks - Aye, Amick - No C. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES GRANTING A SPECIFIC USE PERMIT CLASSIFICATION ON BELOW DESCRIBED PROPERTY, PRESENTLY ZONED SINGLE FAMILY, FOR THE OPERATION OF A DAY CARE FACILITY NORTH COLONY BOULEVARD, BETWEEN MELROY AND NEWTON DRIVES Mayor Amick suggested this item be tabled until July 18 and asked the City Secretary to forward the petition and written statement of Mr. White to the Council a soon as possible for review. The Mayor urged all Council to go and look at the proposed location as well as the Carrol]ton site. Councilman Marks asked the petition be read. Patti Hicks, City Secretary read the petition as follows: "PETITION AGAINST CONSTRUCTION OF THE DAY-CARE FACILITY, 'THE PEANUT GALLERY', ON LOT #37, BLOCK 241, THE COLONY ADDITION #28 - We, the homeowners that reside on Newton, Melroy Circle, and North Colony Boulevard, do show by our signatures that we oppose the construction of the proposed Day-Care center and any other commercial or business buildings at the above mentioned location". Councilman Glazener moved to table this item until July 18, 1988, and Councilman Spears seconded the motion which carried with the following vote: Harris - No, Spears - Aye, Robinson - Aye, Glazener - Aye, Weaver - Aye, Marks - Aye, Amick - Aye D. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY ACCEPTING THE WATER AND WASTEWATER STUDY REGIONAL MASTER PLAN FOR DENTON COUNTY Councilman Harris said he remembers the last discussion regarding this subject, and was not aware this resolution committed the city to expending any money, and if it does, then it should have been part of the budget process (referring to a letter from County Commissioner Walker). Councilman Weaver stated he thought this resolution was just supporting and accepting the study already done and said the letter should not have been included in the packet. Bill Hall agreed, stating the letter was included for information but was not for Council to vote on tonight. Councilman Harris stated passing the resolution does not bind the City to spend money and Mr. Hall stated that is correct. Tommy Turner said the resolution is to approve the study that has already been done and will go to the Legislature to show that the cities involved have accepted the study. Mayor Amick called attention to Sections 1, 2, and 3 and read them for clarification: Section 1. That the Study Report, prepared by Espey, Huston, and Associates, Inc. under the direction of a Steering Committee composed of 30 participating agencies in Denton County, entitled Denton County Water and Wastewater Study Regional Master Plan for the year 2010, is received and accepted. Section 2. That the City Manager is directed to evaluate the Report and Plan to recommend to the City Council how the City of The Colony can continue to participate in and benefit from the proposed regional water and wastewater system. Section 3 . That this resolution shall take effect immediately from and after its passage and it is accordingly so resolved. Councilman Weaver moved to approve the resolution and o03o o Councilman Glazener seconded the motion which carried with a unanimous roll~.call vote. 4. CONSIDERATION OF PROPOSAL BY THE COLONY JAYCEES TO USE THE COLONY LOGO Councilman Glazener stated the logo committee had met and does recommend approval of the request and made a motion to do so. Councilman Harris seconded the motion. Mayor Amick asked what the proposed use is, and Councilman Glazener stated primarily stationery. Mayor Amick asked it would be used for commercial purposes, and Councilman Glazener said not. The motion then carried with a unanimous roll call vote. 6. PRESENTATION OF THE PROPOSED MUNICIPAL BUDGET FY 1988/89 Bill Hall presented the budget to the council and covered his budget letter, stating that staff has strived to prepare a budget that will not only maintain the present level of citizen service, but will provide for those concerns raised by citizens and City Councilmembers. Mr. Hall noted that the Ad Valorem Taxes are presently based on an estimated tax roll, with the final tax roll being prepared by July 25, 1988, going on to say the estimated assessed value is $509,000,000. Mr. Hall also noted that there are no capital expenditures included in this document and that those proposed by each department has been attached for Council review. Mr. Hall said he had directed Department Heads to prioritize those capital items and to cut their individual budgets by 5% to be ready for Council review at the first work session. Mayor Amick asked the Council to refrain from asking questions at this meeting, but to review for consistency with priorities as seen by their constituents and directed the City Secretary to Post a Budget Work Session 8:00 a.m. July 16, 1988. Bill Hall said the recommended date for the public hearing is August 15, after that the final budget will be ready for adoption and the tax rate set on September 12, 1988. Mayor Amick stated he would like to stay on that time table and asked the Council to make every effort to study the budget and get their questions answered. Ken Wood asked if the final draft of the budget could be put in the Library for citizen review. Mayor Amick said that would be fine. Councilman Weaver asked what the tax rate is at this time, and Mr. Hall said it remains $.75. 7. CITY MANAGER'S REPORT Bill Hall introduced Mike Russell, new Building Official as of July 5, 1988. Mr. Hall noted a letter received from First Southwest in which they concur with the spending of bond funds to renovate Fire Station Number One. Mayor Amick stated he had received a letter from the State Department of Highways and Public Transportation in which they requested the City pass a resolution, accepting their proposal to extend Josey Lane from F.M. 544 to Highway 121, and directed the City Secretary to place that resolution on the July 18 agenda for Council action. With no further business to address, Councilman Harris moved to adjourn and Councilman Robinson seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 8:45 p.m. 0 0 3, 0'2.,~ APPROVED: Don Amick, Mayor ATTEST: ~ ~' A. Hi~:...~.ACity Secretary