Loading...
HomeMy WebLinkAbout04/08/1987 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 8, 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 8th day of April at the offices of the Utility Department located at One Harris Plaza, in The Colony, Texas with the following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Tom Arrambide,Councilman Present 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 were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Amick led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America. EMERGENCY AGENDA ITEM 1. SWEARING IN OF THE FOLLOWING MEMBERS OF COUNCIL: City Secretary, Patti Hicks administered the Oath of Office to Mayor Don Amick, Councilman Place 1, Rick Harris and Councilman Place 4, Steve Glazener. REGULAR AGENDA ITEMS: 2. CITIZEN INPUT There was no Citizen Input 3. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY CANVASSING AND DETERMINING THE RESULTS OF AN ELECTION HELD ON THE 4TH DAY OF APRIL, 1987, AND CALLING A RUNOFF ELECTION TO BE HELD ON THE 18TH DAY OF APRIL, 1987, IF NECESSARY Mayor Amick read the Caption and the Ordinance in it's entirety (See attachment "A"). Councilman Poole moved to approve the Ordinance as written and Councilman Bradley seconded the motion. Councilman Harris asked if there could only be one polling place for the upcoming runoff election. Mayor Amick said that the polls could not be changed. The motion then carried with a unanimous roll call vote. At this time, Mayor Amick excused Councilman Steve Glazener from the meeting. (7:45 p.m.) 4. PUBLIC HEARING ON APPLICATION OF BILLY'S LIQUOR STORE FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS GENERAL RETAIL, 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 CLASSIFICATION FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION 4850 AND 4874 MAIN STREET (FN 423) Councilman Bradley moved to open the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. Janice Carroll, Asst. City Manager addressed the Council referencing her memo in the Council packet, stating that P & Z had held a Public Hearing and there had been no one present, however there had been received two written concerns. Ms. Carroll stated that Mr. Bill Sharp, owner and Marilyn Putman from Fox & Jacobs were present to answer any questions along with some P & Z members. Mike Lynch, 4921 Roberts asked if the permit granted for Billy's old locations would still be in effect. Ms. Carroll stated that the City would begin a reverse zoning process to remove the Specific Use Classification for the old location. There followed a discussion regarding time limits and other restrictions on S.U.P.'s. At this time, the Council did direct the City Manager to start the re-zoning process as soon as notification was received that the Billy's had been relocated. Councilman Bradley moved to close the Public Hearing and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 6. CONSIDERATION OF A SITE PLAN APPROVAL AS PRESENTED BY BILLY'S LIQUOR AND BEER STORE TO BE LOCATED AT 4850 AND 4874 MAIN STREET (FM 423) Mr. Bill Sharp, owner and Tom Hutch, architect were present. Mr. Hutch gave Council a presentation regarding the building, construction and general appearance of the site, stating that completion would be in October or November of 1987. Councilman Bradley asked why there was a sidewalk proposed when none of the other businesses along FM 423 had one. Eric Stanton, Building Official, stated that it is a requirement on all commercial development. Mayor Amick asked if Wendy's had proposed one and Mr. Stanton said he would check on that. There followed a discussion regarding the pros and cons of having a sidewalk along FM 423 centering on the safety aspect of having children walking so close to a busy street. Mr. Mike Lynch, 4921 Roberts asked if the sign shown on these plans meets the standards and Mr. Stanton said that it does but that the sign itself does have to come back to Council for approval. Mr. Stanton also advised that according to the plans, Wendy's does propose to put in a sidewalk. It was agreed that all the businesses along that strip should have a sidewalk. Councilman Bradley moved to approve the site plan as presented and Councilman Harris seconded the motion which carried with a unanimous roll call vote. 5. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY BY GRANTING A SPECIFIC USE PERMIT TO A BEVERAGE STORE AT THE FOLLOWING LOCATION, IN THE GR, GENERAL RETAIL DISTRICT FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION 4850 AND 4874 MAIN STREET (FM 423) 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 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 BEVERAGE STORE IN THE GR, GENERAL RETAIL DISTRICT AND LOCATED WITHIN THE AREA OF THE STRUCTURE DESIGNATED ON THE SITE PLAN ATTACHED AS EXHIBIT "A" AS A FIFTY FOOT (50') BY ONE HUNDRED THIRTY FIVE FOOT (135') AREA; LOCATED AT 4850 AND 4874 MAIN STREET (FM 423) BEING ONE BUILDING AS REFLECTED ON THE SITE PLAN ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH TH4E 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 NE 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 Bradley moved to approve the Ordinance as written and Councilman Poole seconded the motion. Councilman Harris asked for a clarification regarding the two addresses. Mr. Sharp explained that the building is divided into two areas. One will sell beer and wine and the other will sell liquor, beer and wine. Mr. Sharp stated that the Texas Alcoholic Beverage Commission does not allow the sale of liquor of Sunday so that particular area will not be open on Sunday, however the Commission requires that the separate areas have separate licenses and therefore need separate addresses. The motion then carried with a unanimous roll call vote. 7. CONSIDERATION OF A SITE PLAN APPROVAL AS PRESENTED BY TACO BUENO TO BE LOCATED AT 4800 BLOCK MAIN STREET (FM423) Mr. Ed Burgess with Taco Bueno explained that he had requested a rush on this case so that the store could be open as soon as possible, stating that they would like to be open by .late July, 1987. Mayor Amick noted that normally P & Z would have had more time to study this case but they had been asked to rush this through . Ms. Carroll noted that the site plan has been changed to reflect the items P & Z requested in their meeting last night. Frank Westmeyer with Taco Bueno presented the site plan and addressed the changes which were requested by P & Z and stated that they would add a sidewalk to comply with the other businesses. Mr. Mike Lynch asked how many drive ways would be along there and how many median cuts along FM 423. It was stated that there would be only 4 and no more median cuts would be made. Earl Brantley, P & Z member stated that the cut necessary is already there. Councilman Bradley moved to approve as presented with the corrections requested by P & Z and the addition of a matching sidewalk and with the stipulation the plan passes our engineer's approval and that the final drawing will be brought back to P & Z before a building permit is issued. Councilman Harris seconded the motion. Mayor Amick thanked P & Z and Janice Carroll for the hard work in getting this ready for Council approval in such a short time. The motion carried with a unanimous roll call vote. 8. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda, and Councilman Harris requested Item D be pulled for discussion. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD ON MARCH 16 AND 23, 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. CONSIDERATION OF THE ACCEPTANCE OF A LETTER OF RESIGNATION FROM COREY FABIAN OF THE YOUTH ADVISORY BOARD. Councilman Poole moved to accept the resignation and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION URGING THE STATE LEGISLATURE AND THE UNITED STATE CONGRESS TO CREATE A SPECIAL CATEGORY OF CRIME PROHIBITING THE SALE OR GIFT OF DANGEROUS DRUGS TO MINORS BY ADULTS Councilman Poole moved to pass the Resolution as written (See attachment "B") and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING DIVISION TWO, ARTICLE TWO, CHAPTER 10 OF THE CODE RELATING TO ABANDONED AND JUNKED MOTOR VEHICLES Councilman Harris asked why this was suddenly coming up and if this meant we would ticket someone who has had car trouble and can't afford to get it fixed. Eric Stanton said this would not be used without valid reason and that people are given a notice before a ticket is ever issued. Mr. Stanton did say this is bringing our present ordinance in compliance with State law. Councilman Harris moved to pass the ordinance as written and Councilman Poole seconded the motion which passed with a unanimous roll call vote. At this time, Mayor Amick asked that the following statement by Mr. Bill Hall be read into the minutes. "There will be only four (4) curb cuts along FM 423 with 100 feet between each. The City and Fox & Jacobs, the developer, concur on this matter. Fox & Jacobs agrees they will market the lot or lots remaining with only one curb cut to the north? 9. CONSIDERATION OF THE ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF LARGE DIAMETER FIRE HOSE AND RELIEF VALVE. Chief Van Morrison explained that he is not recommending going with the low bid due to the fact that the low bid was for rubber lined hose and that water carried in this type hose is not "potable", (you could not drink it). Chief Morrison said this situation has not occurred in The Colony where a fire hose would have to be used for this purpose but it could happen and the hose bid by Casco would be suitable. Councilman Harris moved to accept the bids and award the contract to Casco Industries at $7520.00. Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF LARGE DIAMETER FIRE HOSE AND RELIEF VALVE Mayor Amick read the caption of the Ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CASCO INDUSTRIES IN THE AMOUNT OF $7520.00 FOR THE PURCHASE OF LARGE DIAMETER FIRE HOSE AND RELIEF VALVE; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. Councilman Harris moved to approve the Ordinance as written and Councilman Arrambide seconded the motion. Mr. Mike Lynch asked how many bids were under this one and Mr. Bill Hall stated only one and it was for rubber lined hose. The motion then carried with a unanimous roll call vote. 11. CONSIDERATION OF THE ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF FURNITURE FOR THE MUNICIPAL COMPLEX Mr. Bill Hall explained that when the bids had been received it appeared that Furniture Marketing Group was low in seating and miscellaneous, however their bid did not include freight, which increase their seating bid from $78,552.14 to $83,179.14. Mr. Hall noted that Business Interiors had included a 2% discount if payment was made with 10 days which decreased their bid to $81,136,84 making them the low bid for seating. Mr. Hall explained that the same applied to miscellaneous items and that Business Interiors is low with $22,615.48. Hall then stated that the low bidder for casegoods is Office Furniture of Dallas at $82,765.26 and that the recommendation of staff and of Branch+Taylor, Interior Design is to award to the low bidders of Business Interiors and Office Furniture of Dallas at $186,517.58 plus administrative fees due Branch Taylor of $18,651.76 bringing the total for furniture to $205,169.34. Councilman Harris said the recommendations do not match the bid tabulation sheet given to the Council on Friday. Mr. Hall explained the tab sheet was prepared from the bids as they were opened before any reviewing was done. Councilman Poole asked about delivery time and Kathy Broadwell of Branch+Taylor said there would be three different delivery dates for seating, casegoods and miscellaneous. Mayor Amick asked how these figures fit into the budget and Mr. Hall said he had estimated the furniture at $180,000. and it has come in at $186,000. Mr. Hall did say that the unit price is guaranteed for 18 months, meaning that if we order more or less than is quoted in the bids the seller cannot raise the price of each unit more than 5%. Ms. Cynthia Branch said this will save money because in 18 months time a manufacturer would probably have two price increases. Mayor Amick said he would like to see this tabled so that he could review the bids more closely. Councilman Harris suggested going ahead with the furniture and then taking the administrative fees out of General Fund Professional fees so that the furniture can be ordered in a timely manner. Councilman Harris also suggested letting staff cut the furniture to $180,000. Mayor Amick asked if this is tabled for two weeks would delivery be delayed. Ms. Branch said the casegoods and miscellaneous items would be delayed at least two more weeks however seating items would probably not be delivered until September. Mayor Amick asked Mr. Hall when the building would be finished. Mr. Hall said it looks like June. Councilman Harris moved to accept the bids and award to the low bidders, asked staff to cut the amount to $180,000 to include administrative fees. The motion died for lack of second. Councilman Poole then moved to accept the bids and award to the low bidders, cutting the amount to $180,000 not to include the administrative fees. This motion also died for lack of second. Councilman Harris explained that he made his motion so that this could get on the road and not be delayed. Mayor Amick stated that right now the City is not paying rent on the building the staff is in now and it would not hurt to wait a few weeks to move in to the new building. Councilman Arrambide agreed with the Mayor stating that the Council should take some time to study the bids. After a lengthy discussion, Councilman Harris moved to table until the April 20, 1987 meeting. Councilman Arrambide seconded the motion which carried with all members voting Aye. 12. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF FURNITURE FOR THE MUNICIPAL COMPLEX Mayor Amick stated there is no need to address this item at this time. EMERGENCY AGENDA ITEMS 2. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S. SECTION 2F, REGARDING LAND ACQUISITION, TO-WIT: A. PLANO PARKWAY 3. CONSIDERATION OF ANY APPROPRIATE ACTION RESULTING FROM CLOSED DOOR SESSION IN REGARD TO LAND ACQUISITION There was no action to be taken regarding land acquisition. At this time, with no further business to address, Councilman Bradley moved to adjourn the meeting and Councilman Poole seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 11:40 p.m. APPROVED: ATTEST: ~.~.[~~ City Secretary (ATTACHMENT "A") ,~ ~ CITY OF TIlE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF TIlE CITY COUNCIL OF Tile CITY OF THE COLONY, TEXAS, CANVASSING TIlE RETURNS AND DECLARING TIlE RESULTS OF AN ELECTION IIELD DAY OF APRIL, 1987, IN SAID CITY ON TIIE 4TH FOR THE 'PURPOSE OF ELECTING A MAYOR AND TI1REE COUNCILMEMBERS FOR SAID CITY. DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the. City Council caused to be published in accordance with the laws of the S-tate of Texas notice of the election held April 4, 1987, to elect a Mayor and three Councilmembers for said City; and WHEREAS, notice of election was actually given as required by law; and WHEREAS, said election was duly and legally held on April 4, 1987, in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the property judges and clerks thereof; and WHEREAS, the election returns duly and legally made showed that there were cast at said election 868 valid and legal votes, and that each of the candidates in said '~lection received the following votes: .' FOR MAYOR Don Amick 662 Don Jost 156 Steve Bissett FOR COUNCILMAN PLACE 1 Rick Harris 689 FOR COUNCILMAN PLACE 2 ~ 169 · . '~ Thomas J. Arrambide ~ D.Mark Huckelberry 113 Johnny Spears 333 Roy Winegar 125 '~'-' Scott North 128 ' '" FOR COUNCILMAN PLACE 4 · '.' 284 .~ Steve Glazener WItEREAS, pursuant 'to Section 7.04 of Chapter VII of the Home Rule Charter of the City, in order to be declared elected, a candidate must receive a majority of the legal votes cast for the office or place for which such person is a candidate. WHEREAS, no candidate for Place 2 , received a majority of the of the votes case for such office or place; and · WIIEREAS, it is hereby found and determined by the City ,' ' Council that it is necessary to hold a runoff election for the ..: purpose of electing One Councilmember for Place 2, and that it is ~.·" in the best interest of the CitY and its citizens to hold such an ~'. election; and WIIEREAS, pursuant to Section 7.05 of Chapter VII of the Home Rule Charter of the City and Article 1175, V.A.T.C.S., the City is hereby authorized to call a runoff election; and WHEREAS, pursuant' to Section 7.05 of Chapter VII of the Home Rule Charter of the City, the runoff election shall be held within fourteen (14) days of the general election in which no candidate received.a majority of votes. NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That each and every one of the recitals, findings and determination~ contained in 'the preamble to this Ordinance are hereby repealed and incorporated herein as due, proper and formal findings and determinations of the City Council. Section 2. That it is further found and determined that the results of the election as canvassed and tabulated in the preamble reflect the expressed desires of the resident, qualified electors. Section 3. That the duly elected members of the City Council of the City of The Colony, Texas, elected APril 4, 2987, for Mayor, Councilmember Place 1 and Councilmember Place 4, and subject to the taking of the oaths as provided by the laws of the State of Texas, are as follows: Mayor Don Amick Councilmember Place 1 Rick Harris Councilmember Place 4 Steve Glazener Section 4. That no candidate received a majority of total votes cast for the office or place of Councilmember Place 2 and a runoff election between the two candidates receiving the highest number of votes cast for such office or place as tabulated and canvassed in the preambles hereof shall be held on the 18th day of April, 1987, for the purpose of electing a Councilmember to serve on the City Council, to wit: Names of Candidates Office or Place Thomas J. Arra~bide Two Johnny Spears Two Section 5. That the runoff election shall be held at the following locations, said locations being the places designated by law as the voting places on the date hereinabove mentioned for the runoff election, in and throughout the City of The Colony, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m.: DENTON COUNTY CITY PRESIDING ELECTION PRECINCTS ELECTION PRECINCTS POLLING PLACES 2D,2N,2S 4 AND 5 Peters Colony Elem. School 5101 Nash Dr. 2B, 2C 3 and 6 Camey Elem. School 4949 Arbor Glen Section 6. That the following are appointed as Election Judges: PRESIDING PRESIDING ALTERNATE POLLING PLACES JUDGE JUDGE Peters Colony Dee Cole Janis Sopas Camey Elementary Kay Einig Sharon Mills ABSENTEE BALLOT BOARD JUDGE Kay Einig That presiding Judge for each polling place shall appoint not less that two (2) nor more than six (6) qualified election clerks to serve and assist in the conduct of the runoff election, provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. Section 7.That by approving and signing this Ordinance, the Mayor of the City of The Colony, Texas officially confirms this appointment of the aforesaid election officers to serve at said runoff election; and by passing this Ordinance, the City Council of said City approves and concurs in the appointment of the aforesaid election officers. Section 8. That voti'ng at and on the date of said runoff election shall be by paper ballot in accordance wit]] the Texas Election Code, as amended, and said ballots shall e printed in accordance with the Texas Election Code, as amended. Section 9. Not person's name shal.1 be placed on the ballot as a candidate until such person has filed his Candidate/Officeholder Sworn Statement of Contributions and Expenditures, as provided by the laws of the State of Texas with the Mayor and the City Secretary. Section 10. As to absentee voting for said runoff election, paper ballots shall be used, and such absentee voting shall be conducted by the City Secretary who is hereby appointed the Clerk of Absentee Voting, at the City Secretary's office, The Colony, Texas. For the period absentee voting for said runoff election is permitted by law, the Clerk shall keep said office open for absentee voting for at least eight (8) hours of each day except Saturday, Sunday and official State holidays beginning on the 9th day and continuing through the 4th day preceding the date of said runoff election. Said place of absentee voting shall remain open between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. The absentee ballots for said runoff election shall conform to the requirements of the Texas Election Code, as amended, and in so doing shall permit the voters to vote for Councilmember Place 2, to serve on the City Council. Each elector shall place an "X" in the space provided beside each candidate's name that he wishes to vote for, provided, however, that no elector shall vote for more than one (1) candidate for each office or place. Section 11. The election materials enumerated in V.A.T.C.S. Election Code, Art. 1.08a, shall be printed in both English and Spanish for use at the polling place and for absentee voting for said runoff election. Section 12. Notice of said runoff election shall be given by publishing at least one time, not more that twenty-'five (25) days nor less than ten (10) days before the runoff election, in at least one daily newspaper published in the City and a copy of the notice shall also be filed with the City Secretary and another copy shall be posted a bulletin board in the office of the City Secretary, at least 10 days before the runoff election. Section 13. That the public importance of this measure and the fact that it is in the best interest of the City to declare the duly elected officers of the City at the earliest possible date for the immediate preservation of the public peace, property, health and safety of the City and its citizens creates an emergency and an imperative public necessity which requires that this Ordinance shall take effect and be in force from and after its final passage and approval, and it is accordingly so ordained. PASSED AND APPROVED this the ~L~ day of April, 1987. ~ayor ~h~ ~¢o 1 ony~ -Texas Patti A. Hicks, City Secretary [SEAL] APPROVED AS TO FORM: City Attorney