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HomeMy WebLinkAbout06/16/1986 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 16, 1986 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. at City Hall with the following members in attendance: Larry D. Sample Mayor Rick Harris Councilman Tom Arrambide Councilman David W. Dye, II1 Councilman Don Amick Councilman Harvey Bradley Councilman Marlene Poole Councilman with all members present, the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Sample led the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Steve Hines - spoke regarding the proposed Frisco Airport, stating that this was his opinion, not the opinion of any of the organizations of which he is a member. Mr. Hines said that from a business standpoint the airport would not benefit his business in any way and that as a citizen in the community and a homeowner any benefits that might be derived would be detrimental to property values, property values that are a primary source of revenue to our city. Mr. Hines went on to say that he also does not agree with the Chicago Rapid Transit Plan and told Mayor Washington that I disagree with him. Hines said also that on the subject of taxes, he wished to add his disagreement as a business property tax payer as well as personal property tax payer with the recent inuendos and counterproductive remarks about our Chamber of Commerce, going on to say that if one chamber member states his opinion as a citizen, that is his right as he (Hines) understands it. Mr. Hines said that the choice of the Council to lump the opinions of individual members of the chamber into one and assume it is the opinion of the Chamber is uninformed and/or simple politics, stating that if it is mis- information, he invited the Council to openly communicate and if it is politics, that he fails to see what the Council perceives as a threat. Hines stated that he has a vested interest in this community and that the vesting works both ways; he receives income and he gives back free labor and tax deductable dollars. Mr. Hines said that he and fellow businessmen and women are participants, giving time and money to arts, curches, clubs like Rotary, Lions, sororities, organizations such as pee wee football, Little League, Girl Scouts, Boy Scouts, United Way, transportation meetins, telephone hearings, hospital hearings, volunteer firemen, industrial development, Fourth of July fireworks, etc. Mr. Hines said that it is not always shown in their budget but that good business ~nd community development:is ti-re reason"Yttxey give stating that tax deductions are a dime a dozen. Mr. Hines said that his motivations are not in question and is glad to say that he makes money here and in other surrounding cities and that he spend money in The Colony which increase tax revenue and that he donates to things that he feels called to or that he feels will benefit the community. Mr. Hines then asked why itis necessary for the Counci 1 to have an adversarial relationship with the Chamber of Commerce, saying that their goals are not altruistic; they are economic develop- ment of The Colony and adjacent areas, going on to say that these goals are open and above board and on the table. Hines said "What do you hope to accomplish by adversity, I mean, after all, united we stand, divided we're stuck. Thank you." Mayor asked if Mr. Hines expected a response and Mr. Hines said no. Mayor Sample said that adversity takes two sides. Steve Withers - 4905 Wheeler Drive - Mr. Withers said that in ordinary circumsances, he would not have to make this statement but in light the recent statement by our Mayor, quote, "Some members of our 0 0 2 3 ? ,", Chamber of Commerce expressed concern over this action" (which is in reference to the Class Action Suit against Doell-Morse, it is necessary to read this letter, withers said that he was the Chamber member who had suggested that the City's success record in litigations is dismal. Mr. Withers said he made that statement as a tax paying citizen of The Colony for the past 7½ years, and that he at no time stated or implied that he was speaking for the Chamber of Commerce, any other individual or any other organization. Mr. Withers went on to say that his comments were motivated by his concern over the costs to the taxpayers of this community, not by any personal profit motive. Going on, Mr. Withers said that as a member of the Board of Directors of the Chamber of Commerce he could state that at the time he made his statement, the Chamber as a whole had not been polled as to their opinion regarding the airport, or any proposed litigation and that no position had been taken. Mr. W-~thers said that for that reason he could not have been speaking on behalf of the Chamber, stating the Chamber is made of individuals who care about the future of The Colony, who give of their time voluntarily for the betterment of the community. Withers went on to say that questioning anyone's motives serves no useful purpose but only drives the wedge between the parties involved even deeper. Mayor asked what was meant by the reference to the dismal record of the City in suits. Mr. Withers cited the litigation between the City of Frisco and the City of The Colony over a boundary dispute,~ which The Colony did lose at a cost of $25,000.00 for which the City go nothing. Mayor Sample said that even though we did lose the suit we gained the Wynnwood Peninsula through that action and that the taxes gained by that piece of property would far outweigh the $25,000.00 figure in just one year. Mr. Withers said he feels the airport case would be even more of a loss and woundered if the City had sought a second legal opinion. Mayor Sample said we would go with our City Attorney's opinion, and that would cost more money to get a second opinion. Mr. Withers said that a second opinion could save money. Mayor asked if that one suit constitutes the record that Mr. withers referred to. Mr. Withers said that was a pretty bad one with several steps. Mayor Sample saud the City didi appeal the case all the way but for the same amount of money. Mr. Withers said that was not really the point, but that it is fruitless to spend tax money litigating something that we have no prospect of winning. Mayor Sample said we would go with our City Attorney's opinion. Mr. Withers said that is one attorney who stands to gain financially by our filing suit and who is not even a citizen of The Colony. 3. MAYORAL PROCLAMATION REGARDING THE COLONY NIGHT AT THE RANGERS GAME Mayor Sample read the proclamation as written: WHEREAS, this Council believes is supporting various sports events in and around our community; and WHEREAS, the Rangers Baseball Team is a representative of the Metrol~lex of which The Colony is a part; and WHEREAS, The Colony Bank, in cooperation with The Colony Chamber of Commerce is sponsoring a community night at the Rangers game on July 9, 1986; NOW, THEREFORE I, Larry D. Sample, Mayor of the City of The Colony do hereby proclaim July 9, 1986: THE COLONY NIGHT WITH THE RANGERS and I hereby urge all citizens to participate in this event. SIGNED AND SEALED this 16th day of June, 1986 Larry D. Sample, Mayor ATTEST: Patti Jones, City Secretary due to the fact that signal lights will have to be moved in the very near future at a cost and that this money should be held back for that expense. She also noted that our City attorney, John Boyle and Mr. Bob Dransfield, bond counsel advised that the City is technically in violation of the Arbitrage Rule and that the bond funds should be expended soon. Councilman Dye asked if the Blair Oaks porblem is the city's or MUD's. Ms. Carroll said that this is an emergency item and needs repair soon. Mr. Tenbush was present and explained to Council what had happened at that location to cause the damage, stating that there is now about 20 yards of dirt missing from the area. Councilman Poole asked who had built the road for Fox & Jacobs. Ms. Carroll said she thought it was Zachary. Mayor Sample asked if this really belongs to the City. Mr. Tenbush advised that if it erodes another 10 feet it will belong to the City for sure. Councilman Poole asked Ms. Carroll to get with Fox and Jacobs regarding the volume of water that flows through that area and to also check the Flood Control Map too. Mayor Sample asked if our City Ordinances allow for a tinhorn and Mr. Tenbush pointed out that it is a very good pipe; just as good as concrete and much cheaper. Mayor Sample asked if the city engineer had looked at this and Ms. Carroll aadvised he had he had said this was a good plan and a good price. 2) McKamey Trail Tinhorn - Mr. Tenbush said you really needed to see this to understand and that he wrote the letter recommending the repair out of his responsibility as a contractor so the City would be informed as to the condition of the tinhorn. Councilman Amick said he felt that Blair Oaks should be repail'~.d as recommended by Mr. Tenbush and that the City engineer should look at Mckamey Trail before the council decides to repair it. Councilman Amick so moved as stated above and Councilman Harris seconded the motion which carried with the followingvote: Harris - Aye Arrambide- Aye Dye - Aye Sample - Aye Amick - Aye Bradley- No Poole - Aye F. CONSIDERATION OF A CHANGE IN CAPITAL PURCHASE FOR THE POLICE DEPARTMENT Councilman Amick moved to approve the change as stated and Councilman Poole seconded the motion which carried with a unanimous roll call vote. G. CONSIDERATION OF GRANTING A DEED TO THE LONE STAR GAS CO. FOR THE PURPOSE OF AN ABOVE GROUND EASEMENT BEING A 1.996 ACRE TRACT OF LAND, KNOWN AS TRACT II, ALSO BEING A 50 FOOT LCNE STAR GAS EASEMENT, GENERALLY LOCATED IN THE SOUTH LINE OF NORTH COLONY BOULEVARD ACROSS FROM FIRE STATION NO. 2 Councilman Amick moved to grant the deed as stated, and Councilman Poole seconded the motion which carried with a unanimous roll call vote. H. CONSIDERATION OF A CHANGE ORDER FROM CRAIG OLDEN, INC. TO REDUCE THE CONTRACT PRICE BY $546.00 TO COMPENSATE THE CITY OF THE COLONY FOR DAMAGE TO THE EXISTING IRRIGATION SYSTEM CONTROLLER. Councilman Amick moved to approve the change order and Councilman Poole seconded the motion which carried with a unanimous roll call vote. I. CONSIDERATION OF CHANGE ORDER NO. 19 FROM TELAMON CONSTRUCTION TO INCREASE THE CONTRACT TIME BY TWO (2) DAYS IN RECOGNITION OF THE EXTRA TIME REQUIRED TO OBTAIN PAINT COLOR DIRECTIVE {)0237 Councilman Poole moved to table this item and Councilman Dye seconded the motion which carried with all members voting Aye At this time, Mayor Sample called a 5 minute recess. J. CONSIDERATION OF CHANGE ORDER NO. 20 FROM TELAMON CONSTRUCTION TO PROVIDE THE DECK COATING OVER ALL FLOOR AND DECK SURFACES FO THE NATATORIUM BUILDING (EXCEPT TILE SHOWER FLOORS, AND POOL COATING TILE) AT AN ADDITIONAL COST OF $2400.00 Councilman Amick moved to approve the change order and Councilman Poole secodned the motion which carried with a un- animous roll call vote. K. CONSIDERATION OF AN ORDINANCE CALLING TWO PUBLIC HEARINGS FOR THE PURPOSE OF ANNEXING A 50 ACRE TRACT OF LAND GENERALLY LOCATED NORTH OF SQUIRES DRIVE AND KNOWN AS THE B.B.OWENS PROPERTY. Councilman Amick moved to pass the ordinance as written and Coucnilman Poole seconded the motion which carried with a uannimous roll call vote. 8. CONSIDERATION OF THE APPROVAL OF A REVISED OUTSIDE DISPLAY POLICY Janice Carroll said that Councilman Bradley could address this better than she and then she noted that there had been an error in preparing the packet and the original policy had been marked as thee revised and vice versa. Councilman suggested tabling since this error had been made. Eric Stanton said the only difference is Section B. Mayor Sample said the moratorium had been enacted to study outside dispalys and asked Mr. Stanton and Janice Carroll if there had been any problems. Ms. Carroll said no. Councilman Bradley ~_~ said that when he was on Planning and Zoning there had been a meeting called for the merchants to atend and give input. He said himself and two other persons came. Councilman Bradley also suggested tabling until the merchants can meet and give their input, stating 90 days should be long enough. Councilman Harris asked if this policy would keep Wal-Mart from displaying their garden shop in their parking lot. Mr. Stanton said no, but they would need to brace the hadite bricks better. Councilman Bradley suggested that the City Secretary write a letter to each merchant and invite them to a meeting regarding this issue. Councilman also requested a written description of what Mr. Stanton meant by better bracing. Councilman Amick mvoed to continue the moratorium on outside displays and sales for 90 days effective June 16, 1986. Councilman Bradley seconded the motion which carried with all members voting Aye. 9. REVIEW OF CHAPTER 6, ARTICLE 11, RELATING TO SIGNS, OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY Mayor Sample had some questions regarding section 14 and 15 asking Mr. Stanton if there were any signs in The Colony now that would be in violation and Mr. Stanton advised no. Mayor Sample asked if Be Ware of Dog signs would be inlcuded in section 14 and Mr. Stanton said yes they would and also garage sale signs. -- Mayor Sample said in SEction 15 this was only adding the phone ~ number and Mr. Stanton said yes. Councilman Harris asked why the city would prohibit company flags. Councilman Amick said the current ordinance prohibits them and the Council needs to give the staff direction on this issue. Mr. Dick Weave asked if this would disallow the Colony Cougar and the City Flag emblem on the water tower. Mr. Stanton said that is city property and the city can allow it. Mayor Sample asked if the vehicle sign change effects current signs. Mr. Stanton said no this will effect new business signs on vehicles for advertising. Councilman Amick suggested adopting the Richardson concept regarding company flags which allows a company flag when flown in conjunction with the United States flag and/or the Texas State flag. Jim Vanderburg, President of the Chamber of Commerce was present to accept the Proclamation and stated that 200 tickets had been purchased for citizens of The Colony and three (3) buses had been reserved. Vanderburg said the tickets cost $12.00 each and would go on sale on June 20, 1986 at the bank and at the Chamber office. 4. MAYORAL PROCLAMATION REGARDNIG THE PAVING BRICKS FOR STEWARTS CREEK PAVILION Mayor Sample read the Procoamation as written: WHEREAS, the City of The Colony has recognized the Official Sesquicentennial Steering Committee for the year 1986; and WHEREAS, that committee is striving to help the City celebrate throughout the year with various activities and events; and WHEREAS, the main goal of those events is to build a pavilion at Stewarts Creek Park; and WHEREAS, the committee is selling engraved paving bricks to be placed in the floor of such pavilion; NOW, THEREFORE, I, Larry D. Sample, Mayor of the City of The Colony do hereby proclaim this to be a worhtwhile project and I urge all citizens of The Colony to participate. SIGNED AND SEALED this 16th day of June, 1986 Larry D. Sample, Mayor ATTEST: Patti J6nes, City Secretary 5. PUBLIC HEARING REGARDING AN APPLICATION OF BROOKSHIRES GROCERY FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTEP~, TO A SPECIFIC USE CLASSIFICATION FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION Councilman Amick moved to open the Public Hearing and Councilman Poole seconded the motion which carried with all mebmers voting Aye Janice Carroll said that Eric Stanton, Building Official was there representing' Planning and Zoning and that Ronnie Northum was there representing Brookshires to answer any questions. Mike Lynch, citizen of The Colony asked why it was necessary to add another location to buy beer and wine when we have 7 locations in the city already. Mr. Lynch wanted to know if we have a per capita ordinance and if Billy's Liquor was too close in proximity to Brookshires and if Planning And Zoning had approved this already. Janice Carroll said that Planning and Zoning had approved this on April 13, 1986 and then introduced Mr. Northum to give Brookshires viewpoint. Mr. Northum said his company was choosing to sell beer and wine in this store as a matter of customer convenience and to be able to compete with other stores in this area. Councilman Poole moved to close the Public Hearing. Councilman Bradley seconded the motion which carried with all members voting Aye. 6. CONSENT AGENDA Mayor Sample summarized the consent agenda and then asked if any member of Council wanted any items pulled. Janice Carroll requested that item I be tabled and that Item E be pulled. Councilman Arrambide requested that Item A be pulled, Mayor Sample requested that Items E and I be pulled and Councilman Dye requested that Item C be pulled. A. CONSIDERATION OF THE APPROVAL OF MINUTES FOR MAY 5, 12, 15, 19, and 28, 1986 COUNCIL MEETINGS. Councilman Arrambide requested that the minutes for May 5, 12, and 29 be tabled due to some errors on the minutes that he wished to discuss with the City Secretary to correct. Councilman Amick asked what kind of errors and Councilman Arrambide said that the City Secretary had shown him ~l~_el~,_t- at the beginning of those minutes and that she had not show~ 00237 coming in, stating that someone just scanning those minutes would thir~k he had not been there at all. It was pointed out that his arrival had been so noted in the body of the minutes, giving the time and the reason. Councilman Arrambdie said he had called and spoken to the City Secretary and requested that she put that in the minutes (his phone call). It was noted that a phone call before the meeting could not be put in the minutes. Councilman Amick suggested that from now on any members absence or late arrival be so noted at the beginning of the minutes and then moved to pass the minutes with the changes requested by Arrambide to be made. Councilman Arrambide seconded the motion which carried with the following vote: Harris - Aye Arrambide - Aye Dye- Aye Amick- Aye Bradley - Aye Poole z_ No Sample - Aye B. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAYP OF THE CITY OF THE COLONY TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT 5000 MAIN ST. (BROOKSHIRES GROCERY) TO A SPECIFIC USE CLASSIFICATION FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION Councilman Amick moved to approve the Ordinance as written. Councilman Poole seconded the motion which carried with all members voting Aye. C. CONSIDERATION OF AN ORDINANCE I~UTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH G.R.Q. ENTER- PRISES FOR THE OPERATION OF A CONCESSION AT STEWARTS CREEK PARK. Councilman Dye said that he would like to have more information regarding the net profit. Janice Carroll said that we have not received written confirmation from the Corp but that we do have verbal confirmation of the contract through September 1986. Carroll said that the Corp approved the temporary unit permanent unit arrives and that the unit could not be placed along the shorline. Ms. Carroll also said the the City would receive 10% of the gross and that the stand would be open 12-5 Monday thru Thursday and 11-7 Friday thru Sunday. Councilman Dye wanted to know how the City would know what the profit is. Ms. Carroll said the books would be open to inspection, Council- man Dye also wanted to know if Mr. Hudson would be helping with the trash pick up. Ms. Carroll said that he would and Councilman Dye said that should be so stated in the contract. Councilman Poote said that we should see copies of the vendor invoices and that should be int he contract too. Mayor Sample said that since the contract was not available to review he would not want to pass the ordinance. Councilman Amick moved to table this item until the Contract is prepared. Councilman Bradley seconded the motion which carried with all members voting Aye. D. CONSIDERATION OF THE PLACEMENT OF AN ELECTRONIC SCOREBOARD AND THE PLACEMENT OF SIGNS ONTHE OUTFIELD FENCING AT BRIDGES PARK Councilman Amick mo~zed to approve the request and Councilman Poole seconded the motion which carried with all members voting Aye. E. CONSIDERATION OF RECOMMENDATION FROM CITY MANAGER REGARDING THE USEAGE OF ROAD BOND FUNDS. Janice Carroll said the propsoed uses for the $29,324.00 is as follows: 1) McKamey Trail Bridge repair - $4900.00 2) McKamey Trail Tinhorn 850.00 3) Blair Oaks Bridge repair 4,450.00 4) Crack Filling Machine 15,000.00 $25,200.00 Ms. Carroll said that she recommends pulling item no, 4 off Councilman Amick asked for a concensus regarding the changes presented to them so that the Ordinance can be amended and brought back without further discussion. The General Concensus was to adopt the changes as presented and to adopt the policy he suggested regarding company flags and to bring the ordinance back to the Council at the July 7, 1986 meeting. ~' ~- ~-~--~- 7. CONSIDERATION OF ACCEPTANCE OF A PROPOSAL FROM RICHARD WATSON, INC. FOR THE CONSTRUCTION OF A GOLF COURSE ON WYNNWOOD PENINSULA. Janice Carroll said that Mr. Frank Jennings was supposed to be here representing Richard Watson, Inc. but could not make it. She referred to a letter proposal from the company clarifying the process. Mayor Sample said that this is the third company to talk to the City about a golf course and the first one with a firm commitment. Mayor Sample also said he had checked into a wholly owned and operated municipal golf course and it would cost around 2½ million dollars. This course would be build with a bond issue stating that Mr. watson wants the City to finance the project by issuing two million dollars in bonds and that he Watson) should make the first three year's payments. The first year of a gold course is the roughest, the Mayor said. The Mayor said this course would include a clubhouse/restaurant. Mr. Mo Brenner suggested contacting the National Golf Foundation regarding su ~sidizing the public golf course. Councilman Dye said he felt we were nowhere near ready for a bond election in August, stating that the City needs to look at designs, going on to say he would like to see something unique. Councilman Dye also wanted to know when the real proposal would be presented. Mayor Sample said we need to follow the time frame set out if we were going to go with the proposal. Councilman Harris noted that we (the City) did not have the designs for the municipal complex, or pool before the last bond election. Mr Steve Withers asked how the cost of the course was arrived at and the Mayor replied that Mr. Watson has built several courses and knows what they cost. Mo Brenner said courses cost a minimum of $100,000.00 per hole, depending on the holes and tees. CouncilmanDye moved to accept the letter from Richardson Watson, Inc. approving the concept with two changes: 1) From two years bond payment to three years bond payment 2) Add restaurant to the contract and specify no time limit Councilman Arrambide seconded the motion. Councilman Harris said there needs to be a time limit on the restau- rant of 90 days within the opening of the course. Councilman Dye amended his motion stating the time limit of 90 days from opening for the restaurant, along with a club house. The motion carried with a unanimous roll call vote. 10. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTION 2G OF V.A.C.S., TO WIT: 1) COUNCIL REVIEW OF 1986-87 PERSONNEL REQUIREMNTS Upon reconvening in open session, Councilman Poole moved to adjourn and Councilman Harris seconded the motion which carried with all members voting Aye. Mayor Sample adjourned the meeting at 11:50 p.m.. APPROVED: ATTEST: Patti Jones~ City Secretary