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HomeMy WebLinkAbout06/19/1989 City Council NINUTES OF THE CITY COUNCIL NEETING HELD ON JUNE 19, 1989 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 19th day of June, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Steve Withers, Councilman Present Mike Alianell, Councilman Present Steve Glazener, Councilman Absent Dick Weaver, Councilman Present Joel Marks, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. INTERVIEW FOR BOARDS PARK AND RECREATION PLANNING AND ZONING After reconvening in Open Session the Council addressed the following items: 2. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and audience in the Pledge of Allegiance to the flag of the United States of America. 3. CITIZEN INPUT Councilman Dick Weaver gave a brief report from the committee which is studying the sewer problems in the Eastvale subdivision, stating they had met and were looking at several options, noting this project will run over a million dollars and the question of whether or not the residents can be assessed is being researched. Councilman Marks apologized for his attire (shorts) stating he is coaching a softball game later. 4. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY, TEXAS FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED SINGLE-FAMILY (SF), SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A BUSINESS PARK DISTRICT CLASSIFICATION: APPROXIMATELY 122 ACRES GENERALLY LOCATED IN THE SOUTHWEST PORTION OF THE CITY, WEST OF FM 423 AND ADJACENT TO THE EASTERN CITY LIMIT LINE OF THE CITY OF LEWISVILLE, AND SITUATED IN DENTON COUNTY IN THE T. WILSON SURVEY, ABSTRACT 1352 Councilman Harris moved to open the Public Hearing and Councilman Marks seconded the motion which carried with all members voting Aye. Bill Hall explained where this property is located, stating that Centex owns the property at 121 and 423 and wishes to have the zoning changed from Single Family to Business Park. The property is currently surrounded by land which is zoned as Business Park. Mr. Hall went on to say that Centex is trying to sell the property and it needs to have uniform zoning. Councilman Marks asked what kind of homes had been proposed in that area and Mr. Hall said that F & J (Centex) found they could not build residences without major drainage work. Mike Lynch, 4920 Roberts asked if drainage work won't be necessary for commercial building and how much tax money had the city lost due to inappropriate zoning. Mayor Amick said yes the drainage work will be necessary for commercial building and went on to say the zoning hadn't been inappropriate, but had been part of a Master Plan and now that plan has been changed. Mr. Hall stated there had been no loss in revenue due to zoning. Jane Nelson, 5556 Vance asked what would prohibit an adult business from going in on that property and Mayor Amick said he has no answer. Mr. Hall said there is approximately 600 acres surrounding this tract. Mayor Amick stated the land will be sold as a whole which will prohibit that type of business going in. Councilman Harris moved to close the Public Hearing and Councilman Marks seconded the motion which carried with all members voting Aye. 5. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY SEEKING TO HAVE SECTION 10-300 (14) RELATING TO HOME OCCUPATIONS AND SECTION 13-103(2) RELATING TO VEHICLE PARKING RESTRICTIONS, OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY AMENDED Councilman Harris moved to open the Public Hearing and Councilman Marks seconded the motion which carried with all members voting Aye. Mike Russell, Building Official, stated these changes are needed because currently staff must determine the type of business being operated from the home before determining if the vehicle parked at their residence is in violation. Mr. Russell explained his proposed amendments (See Attachment "A") stating with these amendments, a person operating a business from their home, will be able to park their vehicle at their residence. There was a brief discussion regarding ice cream trucks and Mr. Russell stated it has not been determined if an ice cream truck constitutes a home occupation. Councilman Harris moved to close the Public Hearing and Councilman Alianell seconded the motion which carried with all members voting Aye. 6. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY URGING DESIGNATION OF A 16.1 MILE SECTION OF STATE HIGHWAY 121 FROM US 75 TO NEAR FM 423 AS A FREEWAY Bill Hall stated that he is continuing to meet with the State Highway Department regarding the capacity and R.O.W. on Hwy. 121, noting there will be a Public Hearing in Austin before the Highway Commission regarding the freeway proposal and this Resolution is to support the freeway from U.S. 75 to just east of FM 423. Mayor Amick read the caption as written: A RESOLUTION OF THE CITY OF THE COLONY, DENTON, TEXAS URGING THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE THAT 16.1 MILE SECTION OF STATE HIGHWAY 121 FROM U.S. 75 TO NEAR FM 423 AS A FREEWAY Councilman Alianell moved to approve the Resolution and Councilman Withers seconded the motion. Mayor Amick asked if this conflicts with the original plans and Mr. Hall stated it does not. Mike Lynch asked where "near 423" is located. Mr. Hall said it is 122' east of the light at 423 and 121, noting the gap will be constructed in a later contract. The motion then carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF A CHANGE ORDER FOR SONGER CONSTRUCTION CO., IN THE AMOUNT OF $3264.00 ON THE FIRE STATION ONE CONSTRUCTION PROJECT Mayor Amick noted the amount posted on the agenda was incorrect and should be $3264.00. Councilman Harris moved to approve the Change Order and Councilman Alianell seconded the motion. Mayor Amick stated this is for several small items. The motion then carried with a unanimous roll call vote. 00329z 8. CONSIDERATION OF APPROVAL OF A RECOMMENDATION FROM THE CITY LOGO COMMITTEE ON THE USE OF THE OFFICIAL CITY LOGO Mayor Amick read the recommended use policy (see Attachment "B"). Councilman Weaver stated that he feels the policy should be broader, asking if this means The Colony Leader will have to stop using the logo. Mayor Amick said it could, however the City could not really make them. Councilman Marks said that his name is on the memo from the Committee, however, he did not attend the meeting and he does not agree with the policy completely, stating he would like to table this item until the full committee can meet. Mayor Amick stated there are 3 members on the committee and two of them attended the meeting, which was a majority, and they brought this recommendation to Council. Councilman Marks moved to table this item and Councilman Weaver seconded the motion which failed with the following vote: Harris - No, Withers - No, Alianell - No, Weaver - Aye, Marks- Aye, Amick - No. Councilman Harris moved to approve the recommended policy and Councilman Alianell seconded the motion. Councilman Marks asked how we would ask existing users to re-submit their request. Councilman Withers suggested the City Manager write a letter to them and ask them to re-submit their request, going on to say that other cities have adopted similar policies. Councilman Marks said this will cause some businesses to stop using the logo and will cause them to have to change. Councilman Withers stated the logo is for the identification of the City. Mayor Amick said he felt from day one that the logo is the exclusive domain of the City, however, since it is already in the public domain, we cannot stop people from using it. Ken Wood, 5000 N. Colony, stated this could cause friction with businesses now using the logo, noting there is nothing to keep them from changing the logo a little and using it. Mr. Wood said once something is in the public domain, it is hard to copyright it. Mayor Amick agreed it will be hard to keep existing users from continuing without going to court and the City is not interested in doing that, going on to say that a policy needs to be adopted to limit the use of the logo. Carol Ball, 5153 Ragan, asked how this will effect the Chamber. Councilman Withers said the Chamber is not really using the entire logo, noting that the words "City by the Lake" are not included in any of the Chamber literature. Ms. Ball asked if the Chamber is in violation. Councilman Withers said existing users need to come in and re-submit and then comply with the new policy. Councilman Marks suggested the committee meet with the businesses and organizations now using the logo and be diplomatic. Mayor Amick said we are not trying to be undiplomatic and we are not trying to change history., just set guidelines for future use. Councilman Weaver said the new policy says to re-submit, so you are trying to change history. Mayor Amick said this memo is to the Council, not the public and it is for our consideration tonight. Councilman Weaver said that should be in the motion. Councilman Marks noted that the suggestion to re-submit is not part of the recommended policy. Councilman Weaver stated they don't have to come back and re- submit and the Mayor agreed they do not have to. Mayor Amick said he would state one more time, using The Colony Leader as an example, since they are using a facsimile of the logo. The Mayor said to stop them from using it the City would have to take them to court and the City is not prepared to do that so it really is a moot point. The Mayor went to say that he supposed that use could be grandfathered, but he wasn't sure that was necessary. Agnes Foster, 5633 Perrin, asked how the Council could set a policy that did not allow for the future. Mayor Amick said the guidelines state who will be allowed to use the logo and the question right now is, whether those existing users will be asked to cease or will their use be grandfathered. Ms. Foster asked what about the future and the mayor said according to the guidelines private business will not be allowed to use the logo. 00329a Ms. Foster said the Council doesn't need to be voting on that because that says we don't want new businesses as a part of our City. Mayor Amick asked her if she felt all the businesses in the City of Plano are there because they were allowed to use the City of Plano logo and Ms. Foster stated she did not, but she felt the opportunity should be there. Mayor Amick said no other city allows private organizations, civic organizations, or businesses to use their official logo. Ms. Foster asked why we shouldn't and Mayor Amick ask her if she would like to see The Colony logo marching down the street with the Nazi party. Ms. Foster answered no. Mayor Amick said if there is no policy, then we can't stop that from happening. Ms. Foster said people should be allowed to ask. Mayor Amick said they can ask and they can use it in a promotional situation under a co-sponsorship. Ms. Foster said it seems we are standing back saying who should be doing what and we don't now what the future holds. Mayor Amick agreed, stating that is part of the normal process of government. Councilman Marks said the policy does not close the door to everybody, it says it shall not be used as a permanent part of their (business) logo. Councilman Alianell asked if allowing a business or organization to use the logo opens the City to any liabilities. Mayor Amick said no, but businesses could use it as a front, thereby causing people to donate or buy due to the presence of the City logo. At this time, the motion to approve carried with the following vote: Harris - Aye, Withers - Aye, Alianell - Aye, Weaver - No, Marks - No, Amick - Aye Councilman Harris moved that the Logo Committee should meet with the existing users of the logo and come back to the Council with a recommendation within 30 days. Councilman Withers seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION ANY APPROPRIATE ACTION AS A RESULT OF THE CLOSED DOOR SESSION Councilman Marks nominated Rod Rodriguez to serve on Park and Recreation and Lewis Jue and Billy Owens to serve on Planning and Zoning. There were no other nominations, the appointments were approved by the following vote: Harris - Abstain, Withers - Aye, Alianell - Aye, Weaver- Aye, Marks - Aye, Amick - Aye. With no further business to address, Councilman Marks moved to adjourn and Councilman Withers seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 8:20 p.m. and invited all those present to join the Council and staff at a reception in the Recreation center for newly elected Councilmembes. APPROVED: Don~AmiCk, ~yor ATTEST: Patti A. Hicks, City Secretary [SEAL] ATTACHMENT "A" TO: MR. BILL HALL, CITY MANAGER FROM: BOB VAN TIL, ADMINISTRATIVE STAFF PLANNE~3/ RE: AMENDMENT OF SECTIONS 10-300(14) AND VEHICLE PARKING REGULATIONS DATE: JUNE 14, 1989 ~Uring a work session held on the 9th of May, the commission embers discussed the problem Mr. Russell, of the inspections epartment, was having with enforcing zoning violations, particularly related to vehicle parking. Mr. Russell's problem arises when enforcing sections ~0-300 and ~3-103. Section 10-300(14) defines a home occupation, including which vehicles may or may not be parked on a lot on which a home occupation is being operated. Section ~0-300(14) specifically states: " ....... vehicles used in connection with any commercial use on a residential lot .... shall not be stored on said residential lot ..... except for company vehicles of less than one ton carrying capacity used for passenger transportation only." Section 13-103(2) specifically states: "In the SF ~, SF 2, SF 3, SF 4, D, TH, MF-1, MF-2, MF-3, MF-4, MH, O-l, 0-2 or NS districts, no parking space or structure shall be used for the storage of any truck and trailer except a panel or pick up truck not exceeding one-ton capacity." His problem is as follows: in section 10-300(14), in conjunction with a home occupation, no panel truck or pick up trucks are allowed to be parked on the residential lot. In section ~3- ~03(2), it states that a panel truck or pick up truck .IS allowed to be parked on a residential lot (providing that it does not exceed a one ton carrying capacity). Mr. Russell's recommendation, therefore, is to make the following amendments: ~. eliminate any reference to vehicles in section 10-300(14) used in the definition of a home occupation. 2. Amend section 13-103(2) to read: "' .... except a panel truck or pick up truck not exceeding a 1 (one) ton Kross reKistered carryi~K capacity." This will define a truck's weight more precisely, as it is done in Chapter ~9 of the city's codes relating to traffic matters. With the above amendments, Mr. Russell believes that the conflict between the two sections will no longer contradict each other, and the enforcement problem solved. ATTACHMENT "B" USE OF THE OFFICIAL CITY LOGO I. POLICY The appropriate uses of the City logo are: a. To identify City property; buildings, vehicles, equipment b. To provide a "letterhead" for correspondence and official City publications. c. To denote co-sponsorship of events or projects with other non-profit organizations; Chamber of Commerce, LISD, neighboring cities. d. To display on City employee uniforms e. To display on City recognition plaques, proclamations and certificates. No organization, club, or business should use the City of The Colony logo as a permanent part of it's identification. II. PROCEDURE TO ACCOMPLISH POLICY All requests for use of the City of The Colony logo should be forwarded to the office of the City Manager. AND AUTHORITY III. RESPONSIBILITY The City Manager's office shall review each request for use of the logo and approve or disapprove the request following the guidelines outlined above. Upon granting express written consent, the City Manager's office shall provide camera ready art for reproduction purposes to the applicant. The City logo shall be printed or reproduced in a manner consistent with color specifications.