Loading...
HomeMy WebLinkAbout06/18/1990 City Council 00364, MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 18, 1990 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 18th day of June, 1990 at City Hall with the following Council roll call: Don Amick, Mayor Present Bill Manning, Councilman Present Steve Withers, Councilman Present Mike Aliane11, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Councilman Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 3. PRESENTATION OF PLAQUES OF APPRECIATION TO FORMER COUNCILMEN STEVE GLAZENER AND DICK WEAVER AND FORMER BOARD MEMBER AGNES FOSTER Mayor Amick presented plaques of appreciation and The Colony watches to former Councilmen Steve Glazener and Dick Weaver and a plaque of appreciation to former Planning and Zoning Cortrnission member, Agnes Foster for their time and talent given to the City during their tenure. 2. CITIZEN INPUT Ken Wood, 5000 N. Colony, addressed the Council regarding the Cable channel for city information not being kept up to date regarding Council or other events. Mr. Wood also asked the Council to be sure that citizens are clear on which winter months are being used for the 3 months average and that he had noticed that the conai~ittee appointments seemed to be unequitable. Pam Alien, 5721 Squires, spoke regarding the B.B. Owens parking lot, and problems with cars being driven through the parking lot, and causing gravel to be thrown across the street into the residences windows. Ms. Alien said neighbors had signed a petition asking for some improvements to be made to prevent such occurrences, stating this has been going to the Park & Recreation Board for 2 years and nothing is being done. She went on to say that the neighbors presented a proposed plan to the Board in October 1989 and were told it would be done by March 1990 and nothing had been done yet. Dick Weaver, 4940 Hackney, said he disagreed with Mayor Amick regarding the budget, stating that the City pays Bi]] Hall 00364, . and James England over $100,000.00 a year to set a budget the city can live with and that he feels the rates and taxes are as high as they can be. Mr. Weaver said he feels Bill Hall should bring down the budget and that he and Mr. Hall had worked up a good scheme of presenting the budget clearly last year. 4. PUBLIC HEARING ON APPLICATION OF MR. LOU MARTIN SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY, CURRENTLY ZONED SHOPPING CENTER, A SPECIFIC USE PERMIT FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON-PREMISE CONSUMPTION 6700 MAIN STREET, SUITE 126 Motion to open the Public Hearing - Marks/Burchard - Carried Mr. Bob van Til said this is the site of the old Figano's Restaurant. Councilman Manning asked if we require a percentage of food versus liquor sales for a Specific Use Permit (S.U.P.) and Mr. van Til said not for restaurants because the sale of alcoholic beverages is incidental to primary business of selling food, such as Angelina's, and if the sale of alcohol (75% or more) becomes primary then it's use changes to a bar. Councilman Withers asked about live music. Mr. Lou Marten, owner, said there will be live music eventually and that they have double insulated the exterior wall to prevent disturbing the .__. nearby residences, going on to say he does not foresee loud, wild music. There followed a lengthy discussion regarding live music in clubs and it's effect on the surrounding neighborhood. Several citizens made comments; Rob Bauman, 5201 Reed, - we have a curfew and noise ordinance and if we try hard enough, we can keep any business from operating in our city~ Agnes Foster, 5633 Perrin- music has nothing with the granting of a S.U.P.; John Sergeant, 5612 Perrin - six residents on Crawford Drive (very close to restaurant) are glad to see a nice restaurant coming in; and Montia Setzler, 4412 Hale, welcomed the good restaurant, and doesn't think alcohol makes a good restaurant, encouraging the Council to consider adding a percentage of food requirement to this permit. Motion to close the Public Hearing - Aliane]l/Marks - Carried 5. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON-PREMISE CONSUMPTION AT THE BELOW DESCRIBED ADDRESS 6700 MAIN STREET, SUITE 126 4 00364b Mayor Amick read the caption of the ordinance as follows: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ORDINANCE NO. 61, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, THE SAME BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR A RESTAURANT IN THE SC, SHOPPING CENTER DISTRICT AND LOCATED WITHIN THE AREA OF THE STRUCTURE DESIGNATED ON THE SITE PLAN ATTACHED AS EXHIBIT "A" AS APPROXIMATELY SIXTY FOUR FEET (64') BY ONE HUNDRED FORTY FEET (140') AREA: LOCATED AT 6700 NORTH MAIN STREET (FM 423)SUITE 126; PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN; CORRECTING THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Councilman Withers stated he is opposed to the S.U.P., not to single out this particular business. Councilman Manning asked if it is possible to amend and add a percentage of food requirement. Mayor Amick stated the zoning ordinance itself would have to be amended. Motion to approve the ordinance - Alianell/ Manning Carried with the following vote: Manning - Aye, Withers - No, Alianell - Aye, Burchard - No, Gomez - Aye, Marks - Aye. 6. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY SEEKING TO HAVE APPENDIX A-ZONING OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY AMEND, RELATING TO SPECIAL AREA AND ACCESSORY BUILDING REGULATIONS Motion to open the Public Hearing - Marks/Alianell - Carried Bill Hall said there had been some concern expressed by residents regarding the height of some outside accessory buildings and the Council had requested review of the height restrictions. There was a brief discussion regarding the proposed change from 30' maximum and not more than 50% of the back lot to a maximum of 10', some of the problems with existing buildings, and options for handling this problem. Mayor Amick did say that anyone could request a variance before the Board of Adjustment 5 00364 and Appeals. Motion to close the Public Hearing - Alianell/Burchard - Carried 7. CONSIDERATION OF APPROVAL OF MINUTES OF THE MAY 7, AND JUNE 4 COUNCIL MEETINGS Motion to approve the minutes as written - Withers/Alianell Carried with the following vote: Manning - Aye, Withers - Aye, Alianell - Aye, Burchard - Aye, Gomez - Abstain, Marks - Aye, Amick Aye (abstain on the 7th) 8. DISCUSSION OF PROPOSED DEDICATION OF PROPERTY FROM CENTEX REAL ESTATE CORPORATION TO THE CITY OF THE COLONY Mayor Amick said that at one time, this property was proposed as a school site, but L.I.S.D. is no longer interested in that area for a school. Bill Hall pointed out the location on a map, stating that Centex is proposing dedication of the approximately 41 acres of land situated in the northeast quadrant of the Northpointe Addition. Going on, Mr Hall said staff has done a re-evaluation of this land with direction to usable land without substantial improvement, i.e., fill and grading, and the probability of extensive open drainage ditch construction and maintenance. Mr. Hall stated that staff does not recommend accepting this proposal. There was a discussion regarding possible uses for the land, financial impact if accepted, etc. Terry Mitchell with Carter and Burgess, said 1/3 of the 41.3 acres is not in flood plain and per FEMA maps that can be channelized in the future to reclaim the rest of the land, however due to the development of Stonebriar a new flood study would be done soon. Mr. Mitchell said until that area is reclaimed, Turner Street will continue to flood and explained some of the improvements that would hold water from Turner Street, i.e., detention ponds. Mayor Amick said he does not want to refuse land, but wants to be sure this is best for the City and appointed Councilmen Burchard and Gomez to study this issue and come back to Council as soon as possible with a recommendation. Councilman Manning said he is in favor of accepting if there is no immediate cost to the city. 11. STAFF PRESENTATION REGARDING DRAINAGE AT LAKEWAY BAPTIST CHURCH Bill Hall reminded the Council that they did approve the site plan for this project on June 4, 1990 but that they asked for a report on the drainage. Bob van Til noted that Terry Millican, engineer had reviewed the plans and made t, he following 00364 / recommendations: 1. no water should drain into the streets from the site. 2. must be designed by the current Design Criteria 3. velocity of water through the system must be corrected by the placement of rip-rap. Mr. van Til went on to say the church construction will impact the velocity of the water and recommended that the church pay for the placement of rip-rap to correct that problem. There followed a quite lengthy discussion regarding the church paying for an existing problem. All Council agreed that. the church should not have to pay for a problem currently existing. Bill Hall said it is not staff's recommendation that the church pay for the improvement, but that the problem will be compounded by the church construction, that the problem does haYe to be addressed, and that it is up to the Council to decide who should pay the approximately $4000.00 for the placement of rip- rap. Vaughn Booker, GNA Consultants, stated the church is not creating the problem by developing, noting the city will have this problem whether the church builds or not. Mr. Booker said the city engineer estimates the church will impact the velocity approximately .3 feet per second, which he does not feel is significant. Rev. Montia Setzler said the church built 18 months ago and there was no mention of this drainage problem, going on to say they (the church) have been working with the city for 4 months regarding the site plan, and have received approval from P & Z and Council. Rev. Setzler said he is concerned not because they don't want to handle any problems they cause, but they cannot add $4000.00 to their budget at this time and that he does not think the church should pay for what the city has been trying to correct for some time. Mayor Amick said his concern was not monetary when he asked staff to review the drainage, but that this has been a problem area and he wanted to be sure things were handled properly. Rev. Setzler said if we (the city) are going to ask new businesses to help pay for City problems, they may go somewhere else. Bill Hall noted that the site plan was approved and that drainage is not part of the site plan and that this normally would not have come back to Council. Councilman Manning asked what could be done tonight so the church can get their building permit tomorrow. Mayor Amick then asked for a motion to require the church to pay for the improvements to the drainage system. There was no motion. 9. FIRST READING OF AN ORDINANCE AMENDING ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY RELATING TO SEXUALLY ORIENTED BUSINESSES 7 003648 Bill Hall explained the background of the S.O.B. ordinance and the pending suit in the city, noting the ordinance is the same as the City of Dallas and that the Supreme Court had ruled there were some needed changes. Mr. Hall went on, the City At. torneys have recommended some amendments to our ordinance to bring it into compliance with the Supreme Court rulings. Councilman Manning asked if this could be acted on tonight, and Mayor Amick stated with Council concurrence, yes. Carol Chabinak-Ball said she hoped the Council is not setting a president by acting after only one reading. Mayor Amick explained it is not a requirement to read an ordinance more than once. Motion to approve the ordinance - Withers/Manning - Carried 10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 18, ARTICLE IV OF THE CODE OF ORDINANCES RELATING TO NEWSPAPER BOXES ON PUBLIC PROPERTY Bill Hall said this is a housekeeping ordinance, originally passed in 1983, when staff reviewed it, the ordinance was found to be unenforceable, the enforcement was under the Police Department, and it should be under Inspections. Mayor Amick said he thinks the boxes should be restrict, ed even more. There was a brief discussion regarding the pros and cons of restricting newspaper boxes and the methods for doing so. In a straw vote, all Council were in favor of restricting boxes with the exception of Councilmen Alianell and Marks. It was decided this item should be referred back to the attorney to address; residential restriction and the permit fee. 12. COUNCIL COMMITTEE REPORTS (OPTIONAL) Councilman Alianell reported that District 5 will be holding the First Annual District 5 Annual Party to raise money for Slay/Baker Park improvements, June 30, 4-7 p.m. Councilman Marks asked if the Round-up Program funds and these funds are going to be handled the same way. Mayor Amick said neighborhood groups have nothing to do with the Round-up Program. Councilman Alianell said the money raised will be for improving that park, however, no improvements will be made without P & R Board and Council approval. Bill Hall said that Round-up Program monies will go into the General Fund and will be accounted for by the Finance Department. Mr. Hall went on to say other funds earned by the committee will not go into the General Fund. 13. CITY MANAGER'S REPORT 1. The boat ramp opened Friday, $2844.00 in entrance fees 8 003643 Friday evening through Sunday evening. 2. Tar is boiling through the road and the Corps of Engineers will be addressing the problem. 3. The S.R.F. loan process is moving along. Motion to adjourn - Alianell/Marks - Carried Mayor Amick adjourned the meeting at 10:28 p.m. APPROVED: Don ~ dk ,- Ma~fo~r' ' ATTEST: l~atti A. Hicks, City Secretary [SEAL]