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HomeMy WebLinkAbout03/02/1987 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 2, 1987 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 on the 2nd day of March, 1987, 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 (6) members present a quorum was established and the following items 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 Mayor Amick read a Proclamation as follows: WHEREAS, the 75th Anniversary of Girl Scouting is a celebration of the vitality of the world's largest voluntary organization for girls; and WHEREAS, it is a celebration of a 75-year commitment to the meeting the changing needs of girls; and WHEREAS, it is a celebration of a spirit of adventure that challenges Girl Scouts to learn new skills, to try new activites and to explore other cultures; and WHEREAS, it is a celebration of Girl Scouts' gifts of service and good citizenship to our communities and neighborhoods; and WHEREAS, it is a celebration of a bright future for young women and for Girl Scouting; and WHEREAS, our community has been the direct beneficiary of this 75-year tradition; NOW, THEREFORE, I DON AMICK, MAYOR, by virtue of the authority vested in me as Mayor, do urge the citizens of The Colony to support the Girl Scouts in their celebration; I now proclaim this week, MARCH 8 - 14, 1987 Girl Scout Week in The Colony, Texas. (s)Don Amick, Mayor (s)Patti A. Hicks, City Secretary 3. RECEIVE REPORT FROM MAYOR DON AMICK REGARDING THE NEGOTIATIONS WITH IBM IN RESPECT TO THE CONSTRUCTION OF PLANO PARKWAY Mayor Amick stated that the news is good regarding the negotiations, saying that IBM is very interested in paying their part for the construction of Plano Parkway through their property that runs from Paige Road to the Billingsley property on the south. The Mayor said the cost would be approximately $300 thousand and we are now negotiating with them and when the agreement is settled then it will be brought back to the Council for ratification which should happen in about two weeks. 4. PUBLIC HEARING ON APPLICATION OF WINN-DIXIE TEXAS, INC. FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER, TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION: 6805 MAIN STREET Councilman Poole moved to open the Public Hearing and Councilman Arrambide seconded the motion which carried with a unanimous roll call vote. There was no discussion and Councilman Arrambide moved to close the Public Hearing and Councilman Poole seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR A GROCERY STORE IN THE SC, SHOPPING CENTER DISTRICT, LOCATED AT 6805 MAIN STREET, AND KNOWN AS THE WINN-DIXIE GROCERY STORE Mayor Amick read the caption of the Ordinance as written: 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 GROCERY STORE IN THE SC, SHOPPING CENTER DISTRICT AND LOCATED WITHIN THE AREA OF THE STRUCTURE DESIGNATED ON THE PRELIMINARY SITE PLAN ATTACHED AS EXHIBIT "A" AS A TWO HUNDRED FOOT (200') BY TWO HUNDRED TWENTY FOOT (220') AREA: LOCATED AT 6805 MAIN STREET; PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN; CORRECTING THE OFFICIAL COMPREHENSIVE ZONONG 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 Poole moved to approve the Ordinance as written and Councilman Bradley seconded the motion. Janice Carroll, Asst. City Manager stated that the Ordinance had been prepared to grant zoning change on the store only and the original petition had been for the entire tract of land. Mr. Oujesky of Winn-Dixie said he had no problem with granting the Specific Use Permit for the store only. The motion then carried with a unanimous roll call vote. 6. CONSENT AGENDA: Mayor Amick summarized the items on the Consent Agenda. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE CITY COUNCIL MEETINGS HELD ON FEBRUARY 16 AND 17, 1987. Councilman Arrambide moved to approve the minutes as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION APPROVING A JOINT ELECTION WITH THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT. Councilman Arrambide moved to approve the resolution as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION SUPPORTING DENTON COUNTY'S POSITION ON PROPOSED AIR QUALITY CONTROLS FOR DENTON COUNTY. City Manager, Bill Hall explained that there is a monitor which measures ozone levels in our area and that Denton County feels it is measured incorrectly due to the physical location of the monitor. (south of The Colony) Councilman Arrambide moved to approve the resoluton as written and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE PROVIDING FOR ABATEMENT BY DEMOTITION OF 4712 HETHERINGTON. Councilman Arrambide asked about a letter from Bill Allen of F & J and wanted to know the final outcome and if we had ever made contact with the owners, the Christiansens. Mr. Hall said there had been no contact although every effort had been made to do so. Janice Carroll said that she spoke to Allen on Friday who said F & J would remove the structure and resore the property for $3000.00 contingent on the City filing a lien on the property and the City would pay half the cost. Mayor Amick read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS FINDING AND DECLARING THAT THE EXCAVATION AND PARTIALLY BUILT STRUCTURE AT 4712 HETHERINGTON WITHIN THE CORPORATE LIMITS OF THE CITY IS UNWHOLESOME, ENDANGERS THE PUBLIC HEALTH, SAFETY AND WELFARE AND CONSTITUTES A NUISANCE; PROVIDING FOR ABATEMENT BY DEMOLITION OF THE SAME; FINDING THAT NOTICE AND AN OPPORTUNITY FOR HEARING HAS BEEN PROVIDED TO THE OWNER OF 4712 HETHERINGTON; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Councilman Arrambide moved to approve the Ordinance and Councilman Poole seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF THE APPROVAL OF A LEASE PURCHASE FINANCE AGREEMENT FOR THE LEASE PURCHASE OF THE CRACK SEALING MACHINE AND TWO POLICE VEHICLES. Councilmen Poole and Bradley both asked if this could be approved since the lease says 4 vehicles and the agenda says 2 vehicles. Mr. Hall said that only 2 had been received. Councilman Poole asked if we could still approve the lease agreement if it was not posted properly. Mayor Amick said it can be approved with amendment by motion, stating that the attorney will confirm, and then Council can ratify at a later date if necessary. Mr. Hall explained the purpose and need of the machine and the vehicles, noting that all of these were approved in the budget process by Lease Purchase, going on to say that James England, Finance Director had found the best interest rate at the First Colony Bank, 7.01%. Councilman Bradley moved to approve and to change two vehicles to four, to be confirmed by the attorney and ratified at the next meeting if necessary. Councilman Poole seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF APPROVAL OF A NEW CITY LOGO Mayor Amick said he pulled this for discussion at the request of a citizen, Jeff Christiansen, 4620 Blair Oaks Rd., who wanted to know the history and the intent of the new logo. Councilman Poole showed the Council and the audience the new logo and said it came out of a joint committee established to promote commercial growth in the City. She noted that the committee thought the lake should be promoted and that the new logo does that. Mr. Christiansen said he had lived in The Colony 12 years and is fond of the old logo, stating he realizes the intent but that he is not happy. Councilman Poole moved to accept the new logo for the City of The Colony and Councilman Arrambide seconded the motion, which carried with a unanimous roll call vote. EMERGENCY AGENDA ITEM 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTION 2F, REGARDING LAND ACQUISITION, TO WIT: A. IBM - PLANO PARKWAY After reconvening in open session and with no action to be taken in regard to the closed door session, Councilman Poole moved to adjourn the meeting and Councilman Arrambide seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:45 p.m. Don A~lck, Mayor ATTEST: Patti A. HicX~, City SEcretary [SEAL []