Loading...
HomeMy WebLinkAbout11/16/1987 City Council 00282,9 MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 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 November, 1987 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-tem Present Johnny Spears,Councilman Present - Michael Robinson,Councilman Absent 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 2. CITIZEN INPUT Jeff Christiansen - Blair Oaks Rd., addressed the Council regarding the designs made in the streets with the tar used in repairing cracks, stating that he liked the designs and thought it was very creative. Mr. Christiansen then said he would not be able to stay for the entire meeting and said in regard to Item No. 10 on the agenda that he suggests throwing out the new logo and going back to the old one. 3. MAYORAL PROCLAMATION, DECLARING THE FRIENDS OF THE LIBRARY'S FIRST ANNUAL LIMITED EDITION COMMEMORATIVE CHRISTMAS ORNAMENT AS THE OFFICIAL 1987 CHRISTMAS ORNAMENT FOR THE CITY OF THE COLONY Dell Holmes, President of the Friends of the Library was present and displayed the ornament to the Council and the audience, stating that Ornament Number 1 is reserved and is being given to the City for display at City Hall. Mr. Holmes said the ornaments will sell for $10.00. Mayor Amick read the Proclamation: WHEREAS, The Colony Public Library is an integral part of the educational, informational, and recreational life of The Colony; and WHEREAS, the Friends of The Colony Public Library have been instrumental in increasing public awareness of and raising funds for this Library; and WHEREAS, the Friends of The Colony Public Library are celebrating their seventh year of service to the Library and community, NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, Texas, do proclaim the Friends of the Library's First Annual Limited Edition Commemorative Christmas Ornament as the official 1987 Christmas Ornament of The Colony. SIGNED AND SEALED this 16th day of November, 1987. (s)Don Amick,Mayor ATTEST: (s)Patti A. Hicks, City Secretary First Annual Limited Edition Ornament No. 1 4. CONSIDERATION OF A RESOLUTION AUTHORIZING REMODELING OF 5576 N. COLONY BOULEVARD BY THE COLONY MASONIC LODGE Councilman Harris and Councilman Poole stated they met with a representative of the Lodge before this meeting and reviewed the plans as they had been presented. Councilman Poole said the committee has some recommendations: 1. Ken Leverich, Public Works, be assigned as liaison to coordinate construction. Councilman Poole said the plan calls for 5 months to complete but if other organizations will help, it could be done sooner. 2. There will be no fee schedule set at this time, perhaps in 6 months there will be a fee schedule for use of the building. Mayor Amick asked if there is a need to include in the Resolution verbiage regarding periodic review. Councilman Harris said the committee has asked for that from the Masons with regard to progress of the project. Mayor Amick read the Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE REMODELING OF 5576 NORTH COLONY BOULEVARD FOR USE AS A PUBLIC MEETING PLACE WHEREAS, the City Council did make it known publicly that proposals were being received for possible uses of the building located at 5576 North Colony Boulevard; and WHEREAS, a proposal was received by The Colony Masonic Lodge to renovate the building for use as a public meeting place to be used by all organizations of the City; and WHEREAS, the City Council is always interested in providing the facilities necessary to meet the needs of all the citizens: BE IT RESOLVED by the City Council of the City of The Colony, Texas: That The .Colony Masonic Lodge is hereby authorized to renovate the building located at 5576 North Colony Boulevard, at their own expense, making it suitable for organizations in The Colony to use, and that The Colony Masonic Lodge will be allowed the exclusive use of the building on the second and fourth Tuesday of each month and on occasional Saturdays for special functions, and that in return for the labor and materials used in renovation, The Colony Masonic Lodge will be allowed the use of the building rent and utility free for the first twenty four (24) months after the building is open for public use. PASSED AND ADOPTED this day of , 1987. (s)Don Amick, Mayor ATTEST: (s)Patti A. Hicks, City Secretary Councilman Poole moved to approve the Resolution as read and Councilman Harris seconded the motion which carried with a unanimous roll call vote. Councilman Harris encouraged other organizations interested in this project to contact the City for information. 5. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR A RETAIL STORE IN THE GENERAL RETAIL DISTRICT LOCATED AT 5110 PAIGE RD. SUITE 110, FR THE SALE OF LIQUOR, INCLUDING BEER AND WINE AND FOR ON- PREMISE CONSUMPTION Bill Hall, City Manager, said that the Public Hearing for this permit was held on November 2, 1987 and that the Ordinance had been on the agenda for approval, but no one from O'Riley's was present and the Council moved to table until this meeting. Mike Hampton, 4245 N. Central Expwy, Dallas, was present - representing O'Riley's and stated that the permit is for a bar, dining room and billiards, as well as video games. Mr. Hampton said this will be for adults, no children will be allowed, going on to say that they want this to be a place for the community to gather. Mayor Amick asked if this was like Dave and Busters and Mr. Hampton said yes but on a smaller scale. Councilman Poole asked what about the large empty space in the center. Mr. Hampton said that is unleased but that they are hoping to get a nice restaurant there. Mr. Hampton did say that the south space is leased to Fitness U.S.A. Councilman Harris asked if people could bring their kids in and Mr. Hampton stated you must 21 years of age to enter. Mayor Amick read the caption: 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 RETAIL 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 APPROXIMATELY SIXTY FOUR FEET (64)' BY ONE HUNDRED FORTY FEET (140') AREA: LOCATED AT 5110 PAIGE ROAD SUITE 110; PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE 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 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 Bradley moved to approve the Ordinance as written and Councilman Spears seconded the motion. Councilman Harris asked how long this SUP was good for. Mr. Hall said that no time limit has been incorporated in the ordinance but if O'Rileys moves out the SUP is void. The motion then carried with a unanimous roll call vote. 6. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 19 OF THE CODE OF ORDINANCES RELATING TO PARKING OF PROHIBITED VEHICLES Bill Hall referred to Chief Ristagno's memo regarding the need for this amending ordinance, in which the Chief outlined specific problems with the existing ordinance which made it unenforceable as far as removing R.V.s, etc from the street. Councilman Spears asked if this will help with the problem of large trucks parking in the parking lots at shopping centers and the Chief sa~d it would not. Mayor Amick read the caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 19 RELATING TO TRAFFIC BY AMENDING SECTION 19-24 RELATING TO PARKING OF VEHICLES-PROHIBITED; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Councilman Harris moved to approve the ordinance as written and Councilman Spears seconded the motion. There followed a discussion regarding how to limit the parking of large trucks in shopping centers and just where such large vehicles could be parked. Mayor Amick directed staff to investigate registration of such vehicles with the city for an overnight parking permit. The motion then carried with a unanimous roll call vote. 7. CONSIDERATION OF AMENDING ORDINANCE 214 RELATING TO A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE AT MR. W'S LITTLE EUROPE LOCATED AT 5201S. COLONY BOULEVARD Mr. Hall said this amendment is to allow the SUP at this location under the name of Mr. W's Little Europe and if the owner changes the SUP is not valid. Mr. Hall said that staff is attempting to bring several locations into compliance. Councilman Poole asked if staff is recommending re-vamping all SUP Ordinances. Mayor Amick read the caption: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING ORDINANCE NO. 214, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 2ND DAY OF AUGUST, 1982, RELATING TO PROPERTY ZONED SC (SHOPPING CENTER}, SUBJECT TO A SPECIFIC USE PERMIT FOR AN EATING PLACE WITH DRIVE-TROUGH SERVICE, (WHERE THE SALE OF BEER AND WINE ARE SERVED INCIDENTAL TO THE SERVING OF FOOD); PROVIDING FOR AMENDMENT TO THE ZONING DISTRICT MAP; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE Councilman Harris moved to approve the ordinance as written and Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. Councilman Poole asked that staff get information regarding old SUPs to Council and Mr. Hall stated that Mr. Bob van Til is already working on that project. 8. CONSIDERATION OF AMENDING SECTION 18-23 OF THE CODE OF ORDINANCES, REQUIRING A TWO YEAR MAINTENANCE BOND ON CONSTRUCTION, RECONSTRUCTION, OR REPAIR OF ANY SIDEWALK, CURB, GUTTER, DRIVEWAY APPROACH, PUBLIC STREET, ALLEY OR OTHER PUBLIC AREA Mr. Hall explained this is the same as the Ordinance Council passed recently regarding bonds on utility work. Councilman Bradley moved to approve the ordinance as written and Councilman Harris seconded the motion, which carried with a unanimous roll call vote. 9. CONSIDERATION OF A CHANGE ORDER FOR AUSTIN PAVING COMPANY TO CONSTRUCT HOT-MIX ASPHALTIC CONCRETE PAVEMENT FOR OVERLAY SH 121 LOCATED AT SH 1211 AND PAIGE RD. IN THE COLONY, WITH REGARD TO THE CONSTRUCTION OF PLANO PARKWAY Mr. Hall stated that the present contract with Austin Paving is to construct Plano Parkway through the IBM property to 121 and the State will not pay for any improvements to 121 at the intersection with Paige and Plano Pkwy. mr. Hall said the quote from Austin is 8 - 9 thousand dollars less than other companies, going on to say the money will come from the $300,000. from IBM. Councilman Harris asked just what work will be ~done. Mr. Hall said it a right turn lane onto Plano Parkway from 121 and 121 will have to be widened at that point. There was a brief discussion regarding signal lights and Chief Ristagno said they should be installed soon. Councilman Poole moved to approve the Change order as recommended and Councilman Spears seconded the motion, which carried with a unanimous roll call vote. 10. FURTHER DISCUSSION REGARDING USES FOR THE CITY LOGO Mayor Amick said this item is on the agenda because the attorney had recommended copyright and to inform anyone using the logo presently without city permission to cease doing so and ask permission. The Mayor asked for volunteers to form a committee to study the use policy of the logo. Councilman Poole volunteered and the Mayor appointed Councilman Glazener and Robinson. EMERGENCY AGENDA ITEM 1. CONSIDERATION AND DISCUSSION OF EXTENDED AREA SERVICE AND RELATED PENDING LITIGATION Mayor Amick said that staff had received a report from Terry and Terry attorneys in Austin, late today and this needs to be addressed immediately. Mr. Hall stated that the attorneys said they feel the study conducted was not really pertinent to our area and that they wanted to bring in a consultant to review that study. Mr. Hall went on to say that the Council has to give the attorneys an answer within 10 days as to which way (mandatory or optional) The Colony wishes to go. There followed a lengthy discussion regarding the fact that the Council does not have proper information to make a decision regarding how The Colony should proceed and that it would be unfair for The Colony to make that decision without first conferring with the other four cities involved in this case (Frisco, Little Elm, Oak Point, Lakewood Village). The Council all agreed thaU perhaps we were not getting the kind of service from the attorneys in Austin as we needed and that each time they come back to us they have no new information on which to base a decision. After a very long discussion on whet~er or not to spend the money to hire another consultant to go over the study already done, to determine if it is relevant to our situation, the Mayor said the Council needs to decided if a consultant should be hired, if our approach to EAS (mandatory or optional) should be changed, or if the attorneys should continue under the present approach. Councilman Poole asked how much the consultant would cost and Mr. Hall said that he doesn't know at this time. Mr. Hall went on to say that Marty Terry and Charles Land don't feel they have the expertise to judge the study model that was put together by Southwestern Bell and G.T.E. Councilman Harris said the report did not shed any new information and that he feels the Council has been very clear in expressing their intent in this matter. Mayor Amick said it appears the desires have not been related to the attorneys and asked if the Council wanted to wait to see what the possible rates will be before voting on optional or mandatory. All Council said yes, except Councilman Spears who said he was not sure there was a choice. It was a consensus that more facts and rate information be given before the Council would vote. Mayor Amick said a Special Session could be called to address this item if necessary. Mr. Hall recommended that the other cities involved be contacted to gain their support in whatever avenue is taken, and that the expert be hired to pursue, going on to say that he does not think The Colony is getting the best guidance from the present consultants. There followed more lengthy discussion regarding whether or not The Colony should pull out of this particular case and go on their own without the other cities. Mayor Amick said that we could but if the other cities object, we stand to lose what ground we have gained. The following questions are to be answered: Do they know what rates have been requested by Southwestern Bell for optional and/or mandatory? What rates do Terry and Terry (attorneys) recommend requesting? What is the cost of the outside consultant including travel expenses? If The Colony decides to go alone or with Frisco, only, how long will it take? No vote was taken by the Council on this issue. With no further business to address, Councilman Harris moved to adjourn and Councilman Bradley seconded the motion, which carried with a unanimous roll call vote. Mayor Amick adjourned the 'meeting at 9:25 p.m. APPROVED: Don ]~mick, Mayor ATTEST: Patti A. Hicks, City Secretary [SEAL]