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HomeMy WebLinkAbout12/04/1995 City Council00 589o MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 4, 1995 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 4th day of December, 1995, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present Kay Hardin, Councilmember Present John Dillard, Councilmember Present G. David Heiman, Councilmember Present and with six present, a quorum was established and the following items were addressed: Rev. Jeff Bacon of Colony Park Baptist Church offered a prayer to open the session and for the recovery of City Manager Johnny Smith. 1. PI.EDGE OF ALLEGIANCE 2. PRESENTATION OF THE CAP This item was postponed due to the absence of the City Manager due to illness. 3. CITIZEN INPUT - None 4. PUBLIC HEARING ON APPLICATION OF MEZ R. BIRDIE, COMMERCIAL NET LEASE REALTY, INC. (ECKERD DRUG) FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER, SEEKING 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 FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION SOUTHWEST CORNER OF THE INTERSECTION OF F.M. 423/MAIN STREET AND NORTH COLONY BOULEVARD Motion to open the public hearing - Dillard; second - Hardin. All ayes. Eckerd Drug has requested a Specific Use Permit for the sale of beer and wine for off-premise comumption. City Planner Sam Chavez stated the Planning and Zoning Commission recommends approval. Councilmember Longo asked specifically about sales 4 through the drive-thru window and Mr. Chavez confirmed that this would not be allowed. Councilmember Watts pointed out that there are two groceries, two restaurants, two liquor stores and two convenience stores already selling alcoholic beverages at this intersection. Councilmember Hardin concurred that she would rather they were putting in a soda fountain. Motion to close the public hearing - Longo; second Dillard. All ayes. 5. CONSENT AGENDA Mayor Manning summarized the items on the consent agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD NOVEMBER 20, 1995 Councilmember Heiman asked that an amendment be made to his comment concerning opening prayer. Motion to approve with amendment - Heiman; second - Hardin. All ayes. B. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY AMENDING APPENDIX A-ZONING, BY GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION AT THE BELOW - DESCRIBED LOCATION SOUTHWEST CORNER OF THE INTERSECTION OF F.M. 423/MAIN STREET AND NORTH COLONY BOULEVARD Motion to approve ordinance - Dillard; second - Hardin. All ayes. C. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES BY AMENDING DIVISION 2 RELATING TO ABANDONED AND JUNKED MOTOR VEHICI.ES; AMENDING DIVISION 2 RELATING TO PARKING OF VEHICLES IN PRIVATE PARKING LOTS Motion to approve ordinance - Dillard; second - Hardin. All ayes. D. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES BY AMENDING SECTION 19-12 ("PARKING REQUIREMENTS "K" BY ADDING A NEW PARAGRAPH (k) RELATING TO THE PARKING AND STORING OF VEHICLES ON PRIVATE PARKING FACILITIES Councilmember Heiman pulled this item for further discussion. He stated that this was directed at parking at shopping center areas such as Wal-Mart. If the property owner does not have a problem with it, the city shouldn't get involved. If the property owner does not want the vehicles to park there, they should have them removed, not the city. Mayor Manning said this ordinance is taken directly from state law per City Attorney John Hill and it is necessary for code enforcement. Motion to deny the ordinance - Heiman. No second. Motion failed. Councilmember Hardin said she had talked with Johnny Smith previously and the property owners, not store managers, want this ordinance. They do not want cars parked there with signs on them. Patti Hicks gave a brief history for this ordinance stating we recently had a court case which could not be prosecuted because the existing ordinance did not contain a penalty clause. That is the major change in this ordinance. It will require action on the part of the property owners. Councilmember Longo asked about the signs which are required to be posted. Ms Hicks stated the property owners will be responsible for providing the signs. Councilmember Heiman asked if we could pass the section allowing property owners to take action but leave the city out of it. Mayor Manning said this ordinance is to set the requirements for parking on private property. After 48 hours, the vehicles can be deemed abandoned and would be subject to the city's jurisdiction per the previous ordinance which has already been passed. Motion to approve the ordinance as written - Hardin; second - Longo. Motion passed with all voting aye except Councilmember Heiman who voted No. 6. CITY MANAGER AND STAFF REPORTS Ms Hicks updated the council and citizens on the status of City Manager Johnny Smith. He is in the hospital in E1 Paso with pneumonia. She will keep everyone posted on his progress. The National League of Cities conference was very good but the air in Phoenix is very bad. The work session scheduled for December 6 has been postponed to January 3. The time capsule is in Johnny's office and he would like to get it out of there and buried. If any one has something which should be included, very small, get it in promptly. Ms Hicks has a packet of information for Councilmember Watts. Chief Morrison and Ms Pam Nelson are awaiting direction on the Lake Safety Committee. Board interviews will be held again in January as there are still vacancies to be filled. Interviews to fill Place 4 on the Council will be held next Monday. The wife of Richard Ferrara, our consultant, died recently. 6 _ ~ Sam Chavez, City Planner, stated the development standards for the SH121 corridor is coming along well and they should be brought to Council for review soon. They hope to bring the Comprehensive Land Use Plan information back to Council in early January with cost estimates. The time line for completion is 14 months. With no further business to address, Mayor Manning adjourned the meeting at 8:00 p.m. APPROVED: William W. Manning, Mayor ATrEST: / Sandie Chance, Deputy City Secretary 7