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HomeMy WebLinkAbout02/16/1987 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY 16, 1987 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 16th day of February, 1987 at City Hall, with the following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Tom Arrambide, Councilman Present David W. Dye,III,Councilman Absent, due to business Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with six members present, a quorum was established and the following items of business were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and the Council in the Pledge of Allegiance to the flag of the United States of America. 2. CITIZEN INPUT Jennifer Rush, 4716 Lemmon Ct., reminded all present of the upcoming 10th birthday party for the City of The Colony, to be held at The Colony High School on February 20, at 7:30 p.m.. Ms. Rush said this was a verbal invitation to all to come and enjoy the fun, food and music, stating this is not a religious event, but it's purpose is to honor all City servants, no matter what job they do. 3. PRESENTATION OF A PLAQUE TO FORMER MAYOR LARRY SAMPLE Mayor Amick read the plaque which commended Mr. Sample for his efforts during his tenure as a Councilman and Mayor. After accepting the plaque, Mayor Sample presented the City with a conceptual drawing of the original dreams of a Municipal Complex. Mayor Sample stated that he had enjoyed serving, and was sorry he had to resign but that the position just took too much time. 4. MAYORAL PROCLAMATION DECLARING MARCH NATINAL NUTRITION MONTH Mayor Amick read the Proclamation as written: WHEREAS, nutrition is the substance of which life is made and by which life is sustained; and WHEREAS, the quality of food the individual consumes each day plays a vital role in his health throughout the life cycle; and WHEREAS, there is a need for continuing nutrition education and a massive effort to enhance family nutrition practices: NOW, THEREFORE, I, DON AMICK, Mayor of the City of The Colony, Texas, do hereby proclaim the month of March NATIONAL NUTIRTION MONTH in The Colony, and I encourage all citizens to become concerned about their nutrition and the nutrition of others in the hope of achieving optimum health for both today and tomorrow. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of The Colony to be affixed, this 16th day of February, 1987. (s)Don Amick,Mayor (s)Patti A. Hicks, City Secretary Teresa Glazener was present at the meeting and accepted the Proclamation and thanked the City on behalf of the Denton and Dallas Counties Dietetic Associations. 5. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ORDERING AN ELECTION ON THE 4TH DAY OF APRIL, 1987, FOR THE PURPOSE OF ELECTING A MAYOR AND THREE COUNCILMEMBERS Mayor Amick read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ORDERING AN ELECTION OF THE QUALIFIED VOTERS OF SAID CITY ON THE FOURTH DAY OF APRIL, 1987, FOR THE PURPOSE OF ELECTING A MAYOR, AND THREE COUNCILMEMBERS FOR SAID CITY Councilman Glazener moved to approve the ordinance as written, and Councilman Arrambide seconded the motion. Councilman Poole made note that the alternate judge for Precincts 2D,2S, and 2N will be moving and not available for the election. The City Secretary advised that another alternate judge could be chosen by the presiding judge. The motion carried with a unanimous roll call vote. 6. CONSENT AGENDA Mayor Amick summarized the items on the consent agenda for the audience. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE CITY COUNCIL MEETINGS HELD ON JANUARY 28, FEBRUARY 2 AND 9, 1987 Councilman Poole moved to approve the minutes as -- written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. B. PRESENTATION AND DISCUSSION OF 1987/88 BUDGET PREPARATION CALENDAR Mayor Amick said he pulled this item from the consent agenda for discussion because the item was listed that way. City Manager Bill Hall stated that James England, Finance Director was present to answer any questions the Council may have. Mayor Amick read the Calendar as presentated stating that it was optimistic. Mr. Dick Weaver said he was glad to see the City using the computer this year and hopes the Council will make no tax increase this year. Mr. Larry Sample thanked the council because The Colony still has the lowest taxes of the top 25 cities in the metroplex. Councilman Harris moved to accept the calendar as presented and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF THE APPOINTMENT OF CHIEF VAN MORRISON AS EMERGENCY MANAGEMENT COORDINATOR Councilman Poole moved to appoint Chief Morrison and Councilman Bradley seconded the motion which carried with a -- unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE GREATER DALLAS-FORT WORTH REGIONAL LAW ENFORCEMENT ASSISTANCE AGREEMENT Councilman Poole moved to approve the resolution as written, and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF A CHANGE ORDER FROM DFW SPRINKLER SYSTEMS, FOR THE CONSTRUCTION OF IRRIGATION SYSTEMS IN CITY PARKS Councilman Harris stated that it appears the low bidder did not have everything he needed included in his bid and asked if a bid bond was part of the bid specs. City Manager, Bill Hall stated that a bid bond was not but a performance bond was. Councilman Harris asked why we were addressing this change order. Mr. Hall said it was for monetary reasons; stating that the contractor has been told either a performance bond or no contract and even with this addition DFW is still low bid. Councilman Harris said he is opposed to paying more than was bid and feels that the bidder should come up with the cost if he wants the job. Councilman Harris moved to deny the change order and Councilman Poole seconded the motion which carried with the following vote: Harris, Aye; Arrambide, Aye; Glazener, Aye; Bradley, Aye; Poole, Aye; Amick, No. F. CONSIDERATION AND APPROVAL OF CHANGE ORDER #6 TO THE MUNICIPAL COMPLEX Councilman Poole moved to approve the change order in the amount of $8,833.80 to make the following changes: 1. Additional door hardware required in City Managers Office. 2. Additional Lexan windows 12) in holding rooms. 3. Additional electrical for security cameras and computers. 4. Additional carpet and ceramic tile. Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION AND APPROVAL OF SITE PLAN FOR WENDY'S RESTAURANT Steve Krekus of Wendy's International was present and explained the plans to the Council, noting that the utilities and drainage work is being done now. Councilman Poole asked how long before opening. Mr. Krekus advised it would be approximately 80 days from beginning to opening and they anticipate starting the construction in April 1987. Mayor Amick asked if this would be a franchise or a company store to which Mr. Krekus replied, "a company store" Councilman Arrambide moved to approve the site plan as presented and Councilman Harris seconded the motion. Councilman Poole thanked Wendy's for coming into The Colony as did Mayor Amick. The motion carried with a unanimous roll call vote. 10. CONSIDERATION AND APPROVAL OF SITE PLAN FOR MINIATURE GOLF COURSE Janice Carroll, Asst. City Manager noted that the agenda states site plan approval and that she intended it to read approval of a contract. Mayor Amick said that the site plan and the contract could be reviewed tonight and then the contract approval brought back to Council in the Special Session to be held on February 17, 1987. Ms. Carroll then covered the points of the contract. Mayor Amick asked when the course would be open. Mr. Tom Tunks(developer) said he hoped to be open by Spring Break. Councilman Harris asked about approval of fees. Ms. Carroll said that would be brought back to Council for approval. Mayor Amick asked why the Council would have to approve that. Ms. Carroll said she thought the Council would want to. Mr. Tunks said he plans to charge $2.50 per game. There was a Council concensus that there would be no need to bring the fees charged back to Council for approval. 8. CONSIDERATIN AND APPROVAL OF A PROPOSED THOROUGHFARE PLAN FOR THE CITY OF THE COLONY Bill Hall, City Manager showed Council the plan as prepared by P.A.W.A. Winkleman, stating that it had never been adopted by Council, also stating that Hal Jones, Traffic Engineer is presently working on an update to the plan. Councilman Arrambide moved to adopt the plan and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER FOUR OF THE CODE OF ORDINANCES BY ADDING ARTICLE IV, PROVIDING LICENSING OF ADULT ORIENTED BUSINESSES Mayor Amick stated that the Ordinance had been given to the Council for review, noting that the City Attorney had made three (3) changes on pages 10 and 13, relating to charges precluded, distances and the 3 year provision changed to 1 year. Mayor Amick read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER FOUR OF THE CODE OF ORDINANCES BY ADDING ARTICLE IV, "SEXUALLY ORIENTED BUSINESSES"; PROVIDING DEFINITIONS; PROVIDING FOR THE LICENSING AND REGULATION OF ADULT ARCADES, ADULT BOOKSTORES, ADULT VIDEO STORES; ADULT CABARETS; ADULT MOTELS; ADULT MOTION PICTURE THEATERS; ESCORT AGENCIES; NUDE MODELING STUDIOS AND SEXUAL ENCOUNTER CENTERS; REGULATING THE DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR THE VIOLATION OF SECTION 4-73 OF THIS ORDINANCE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A PENALTY OF FINE OF TWO HUNDRED DOLLARS ($200.00) IN A VIOLATION OF ANY SECTION OF THIS ORDINANCE OTHER THAN SECTION 4-73 AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A GRACE PERIOD; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Councilman Glazener moved to approve the Ordinance as written with the changes noted by the City Attorney and Councilman Harris seconded the motion. Councilman Harris said he had spoken with the City Manager regarding section 4-66 relating to fees and asked for a report in 60 days either validating the $500.00 fee or justification to raise the fee to cover administrative costs. At this time, a citizen, Steve Bissett addressed the Council, handing out a prepared list of items he objected to in the ordinance. Mr. Bissett identified himself as living at 4801 Branch Hollow Drive and as the Denton County chairman of the Libertarian Party. Mr. Bissett said that the Ordinance should be fair to the business owner/operator, stating that he is not really in favor of pornography but that the Ordinance is too restrictive and goes into too great a detail in its definitions. Mr. Bissett then proceeded to cover each point in his hand out. (see Attachment A) Mr. Bissett stated that one section (4-79) he did list as objectionable he also feels is worded unfairly and then asked the Council not to pass this Ordinance until they had reviewed and considered his amendments. Mayor Amick asked if the zoning will have to be changed. City Attorney, John Boyle said yes that would have to be done. Mayor Amick asked if the Ordinance is passed tonight can it be amended at a later date and Mr. Boyle said that could be done at any time. Ben Marland, 4504 Keys Dr. stated that he finds the items defined in this ordinance very offensive and personally feels that society has a problem with acceptance of pornographic materials. Mr. Marland asked if Day Care Centers is included in the definition of schools. The City attorney stated they are. Steve Withers, 4905 Wheeler, asked if the fee could be raised to $1000.00. Councilman Harris said that is his purpose in asking for a report in 60 days to see if it is necessary to raise the fee. Mr. Boyle, City Attorney said the entire ordinance has been tested in court and has stood up. Mr. Withers encouraged the Council to pass the ordinance. Ralph Sears stated that he encourages the Council to pass the ordinance, stating that the Council needs to make a strong stand now for the future of The Colony. David Bird, 5632 Truitt, asked how this would be enforced, what procedure would be taken if a person found some material in an establishment in the City that was offensive. Mr. Boyle said through both the Police and the Inspection Departments. Mr. Hall said no precise procedure has been adopted but that the report would be filed with the police. Chief Nick Ristagno said it depends on which section of the ordinance is violated whether it is a zoning violation or a criminal violation. Mr. Bird said he admires the City for taking such action and is personally glad to see the ordinance. Clark Wilson, 5245 Sherman, said he is in favor of passing the ordinance and is glad to see the Council addressing this issue. Councilman Poole indicated on the map prepared by Planning and Zoning the areas in which such establishments would be allowed, stating this is a family community and that she wants it to remain so. Councilman Harris did note that written notice should be given to violators, outlining the violation for them. This was one of the suggestions Mr. Bissett had noted in his presentation. At this time, the vote was called for and the motion carried with a unanimous roll call vote. At this time, Mayor Amick called a 5 minute recess. 11. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2E, REGARDING LITIGATION, TO WIT: A. CONDEMNATION - PLANO PARKWAY After reconvening in open session and with no action to be taken as a result of the Closed Door Session Councilman Bradley moved to adjourn the meeting, and Councilman Glazener seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 10:35 p.m. APPROVED: Don~mi~k, ~for- - ' ATTEST: Pa~i A. Hicks, City Secretary TO: The City Council of the City of the Colony From: Steve Bissett Date: Feb l&, 1987 RE: Proposed changes to "Chapter 4, Article IV, SEXUALLY ORIENTED BUSINESSES". Remove paragraph (5) on page 1 "The concern over sexually transmitted..." replace w~th: The concern over sexually transmitted diseases is NOT a legitimate health concern o~ the city. In ~ free society, it is the individual who must assume the risk and responsibility for his own actions in this regard. It is Recognized that such diseases are NOT a threat to the general public in the same way that some air or water transmitted diseases are. There is NO legitimate regulation of sexually oriented businesses in order to protect CONSENTING ADULTS from themselves. #2 Change paragraph (7) on page 2 as follows: There is SOME documented evidence SUGGESTING that sexually oriented... OBJECTIONS TO EXISTING WORDING: a) The word "convincing" is removed. Any documeAtation will convince somebody. ~ b) There is NO reference to WHAT documentation, HOW MUC~ documentation, nor ~ THE EXPER]'ISE o~ the documentation's author(s). Remove paragraph (8) on page 2: OBJECTIONS: a) "numerous jurisdictions" and "substantial numbers" are vague. Wording should be specific, so as not to mislead the public, as in "more than 2". b) It really doesn't prove anything except that police spend a lot of time snooping around sexually oriented businesses. Finally, an arrest is not the same as a conviction. #4 Expand paragraph (9) page o OBJECTIONS: a) Claim is made that businesses have "serious objectionable characteristics" Tlnis is probably true, but the should be outlined or listed in the same paragraph to support the statement. Delete the word "morals" from SEC. 4-61 PURPOSE AND INTENT, paragraph (a>. (see page 5) Add a new paragraph as follows: (c) It is not the intent of the city of the colony to enforce anyone's concept of morality on another. It is the right of each individual to decide this for himself, so far as he does not violate the rights of others. ~mTE: the word "morals" appears in several other places, used in a similar ~ ~text, and should me removed from there as well. (example: SECTION 5, I ;e 19) Changes to SEC. 4-62. DEFINITIONS, paragraph <20) (see page 6) Replace (A),-(B>, and (C) as follows... (A) Ejaculation, actual or simulated; or (B) Actual penetration, of or by human genitals, including as performed during sexual intercourse, oral copulation, or sodomy; or (C) (dropped) Delete "(ee) obscenity;" from SEC. 4-65 ISSUANCE OF LICENSE paragraph (9), (A), (i). (see page 9) P~-~lace SEC. 4-66 FEES paragraph (a) as follows: ( e page 10) (~ Where as the City of the Colony has no right to frustrate the productive activities of legitimate businessmen with unreasonable or unfair fees, the annual fee for a sexually oriented business license is $1 (one dollar). The fee for an application for transfer of ownership or control of a sexually oriented business shall be $1. OBJECTION: $1 is enough to dissuade people from filing frivolous requests. NOTE: The City of _the Colony should recognize that ANY license fee for ANY business serves as a form of protectionism for established businesses while serving 'as a bar~ie~ to competition.- TOe established business can pass the cost of the licenses fee on to the greater number of guaranteed customers. Add sentence to end of SEC. 4-67 INSPECTION paragraph (a) (see page 10) Inspections will be made only as are legitimately required, and not f ..... the purpose of harassing or intimidating the business owner, employees, o customers. · #10 add sentence to SEC 4-71 APPEAL ~ (see page 12} ~ The Chief of Police must include in the "written notice" a list of acti~ that if taken, would bring the business into compliance. #11 OBJECTIONS to SEC 4-75 ~OCATION 0~ SEXUALLY ORIENTED BUSINESSES. (see page 12) a) How does 1,000 feet compare to other business distance restrictions? b) The City Council should provide a map showing exactly what areas qualify under these restrictions. c) Paragraph (c) on page 15 is vague. What does "more than one" mean. Could an ADULT THEATER sell videos in the theater lobby, or would that count as 2 businesses? #12 remove paragraph (f), of SEC 4-74 EXEMPTION ~ROM LOCATION RESTRICTIONS. OBJECTION: U~fair! 7f the business qualifies for an exemption, a ne~ ; ! elected City council.should not have the power to discriminate agains it in the future. -#15 remove SEC. 4-80 ~ISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS. ' ' paragraph (a), part (5) - (see page 17) OBJECTION: It's not necessary to be so restrictive as to include the "Swim suit issue" of Sports Illustrated.