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HomeMy WebLinkAbout11/20/1987 City Council MINUTES OF THE CITY COUNCIL MEETING H~LD ON NOVEMBER 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. on the 2nd day of November, 1987 at City Hall with following Council roll call: Don Amick, Mayor Absent Rick Harris,Mayor Pro-rem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Absent Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with five members present a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE Mayor Pro-tem Harris led the Council and the audience in the Pledge of Allegiance to the flag of the United States of America 2. CITIZEN INPUT Ken Wood, asked when the racquet ball courts are going to be ready for use. Mr. Hall said the City is working on that problem and were negotiating with the contractor and the architect to reach an agreement whereby the City will not be out any funds. Mr. Hall went on to say that he believed the agreement reached on Friday was satisfactory and that hopefully the courts will be complete in two weeks. 3. PUBLIC HEARING REGARDING THE ANNEXING OF FOUR (4) TRACTS OF LAND TOTALING APPROXIMATELY 197 ACRES CONTIGUOUS TO THE WESTERN BOUNDARY OF THE CORPORATE LIMITS OF THE CITY OF THE COLONY, TEXAS, SITUATED IN DENTON COUNTY AND MORE FULLY DESCRIBED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS IN ABSTRACT NO. 234 Councilman Spears moved to open the Public Hearing and Councilman Poole seconded the motion which carried with all members voting Aye. Mr. Rob Dillard, City Attorney for the City of Hebron was present and inquired as to where this property is, stating he thought it was located in the City of Hebron. Mayor Pro- tem Harris stated that it is, but that the City of The Colony did not know that until today and that we now are not going to take action on the annexation. Mr. Dillard stated that if the Tittles want to come before the Hebron Commission and request release (disannexation) that the commissioners have no problem with doing so. Mr. Dillard said he has a copy of the original annexation ordinance from Hebron and that he will copy it and send to us for our records. Councilman Robinson moved to close the Public Hearing and Councilman Bradley seconded the motion which carried with all members voting Aye. 4. PUBLIC HEARING ON APPLICATION OF O'RILEY'S FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS GENERAL RETAIL, REQUESTING 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 ON-PREMISE 0028J CONSUMPTION: 5110 PAIGE ROAD SUITE 110 Councilman Spears moved to open the Public Hearing and Councilman Bradley seconded the motion which carried with all members voting Aye. Mayor Pro-tem Harris stated that this is in the shopping center located at the northeast corner of Paige and S. Colony. Councilman Poole asked if there is an age limit to prohibit teenagers from going in. Mr. Hall said that the owners had assured staff that they will closely monitor the age of persons entering and that someone will be placed at the door if the City requires it. Councilman Poole asked that the police department do walk a through often. Mr. Hall assured her that they will. Councilman Bradley said that since there is no representative of O'Riley's here to answer questions that the Ordinance not be passed. Mayor Pro-tem Harris reminded the Councilman that this is the Public Hearing and no action is taken at this time. Councilman Spears moved to close the Public Hearing and Councilman Robinson seconded the motion which carried with all members voting Aye. 5. MAYORAL PROCLAMATIONS Mayor Pro-tem Harris read the following proclamation: MAYORAL PROCLAMATION For ten years The Colony Leader has served The Colony; and For ten years The Colony Leader has strived to be a good citizen within our community; and The Colony Leader is active and supportive of community and civic organizations; and The Colony Leader accepts the responsibility of the media in a free society; and Whereas, the City Colony recognizes that The Colony is a valuable contributor to, and an important part of our community, NOW, THEREFORE, be it resolved by Mayoral Proclamation that November 7, 1987, be set aside in the City of The Colony as The Colony Leader Day to acknowledge the contributions made in ten years of service by The Colony Leader, a Harte Hanks Community Newspaper. SIGNED AND SEALED this 2nd day of November, 1987 Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary Mayor Pro-tem Harris read the following proclamation: MAYORAL PROCLAMATION WHEREAS, the realtors in The Colony play an important role in the growth and development of this community; and WHEREAS, by this growth and development, the quality of life in the City of The Colony has been greatly enhanced; and WHEREAS, a Realtors Day is being sponsored in The Colony on November 5, 1987; NOW, THEREFORE, I, Don Amick, Mayor of the City of The Colony, on behalf of the entire Council, do hereby proclaim November 5, 1987 as REALTORS DAY IN THE COLONY 'and urge all local citizens to join with the Realtors, and others in marking this celebration to call attention to the fact that the value of private property should be considered not only in a monetary sense but in the sense of the inherent worth of property as it pertains to the enjoyment of life. PROCLAIMED this 2nd day of November, 1987. Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary Ms. Vivian Bedell Bennett was present to accept the proclamation and stated that this day was set aside to inform realtors from surrounding cities of the type of city The Colony is. 6. CONSIDERATION OF AUTHORIZATION FOR THE COLONY LEADER TO USE THE OFFICIAL LOGO OF THE CITY OF THE COLONY Mr. Hall said that staff had been investigating the possibility of copyrighting the City Logo at the direction of the Council. Mr. Hall referenced a survey in the packet which outlined various cities methods of handling this issue. Mr. Hall said that staff recommends pursuing copyright and that requests for use of the logo be brought before Council. Councilman Poole said that the survey stated the following: Carrollton - logo is not registered by council attempts to limit use. Plano - logo is copyrighted and was done in the city's bicentennial year, however there is a policy on use and use is voted on by the Council. Lewisville - logo is not copyrighted, but they do have a policy limiting the use of the logo to city paperwork. Dallas - logo is registered as a trademark with the State (expensive) and there is a policy on use and they do prosecute violators. Councilman Poole went on to say that she does not believe the logo should be used for private enterprise use. Mona Mason Effler stated that she, along with Marlene Poole, had served on the committee responsible for creating the logo and that although Councilman Steve Glazener was not present that he had told her that he does object to the Leader being allowed to use the logo, going on to say that Councilman Glazener was not present when the consensus was taken at the work session regarding this matter. Ms. Effler then read a letter written by the committee (See attachment "A") Ms. Effler asked if one paper uses the logo will the Council endorse that as the City paper and will the Council edit the content of that paper. Chris Schilt, publisher of the Leader stated that they came to the Council for approval and had no intention of causing harm to the city, going on to say that the Leader supports the City extensively and understands that others in the City have already used the logo. Mr. Schilt said the Leader has no intention of stealing the logo but feels it will increase the city's exposure. Councilman Poole asked the cost of printing the new stationery with the new logo and Mayor Pro-rem Harris asked why that mattered. Councilman Poole said we need to show how much tax money went to incorporate the logo. Councilman Spears said he thinks this use will promote the city because it is disbursed in all areas of the City, stating he felt it would be a good way to use the logo. Steve Withers applauded the Leaders role in the City but said he feels it would be a support to one business to allow them to use it, recommending to be careful and considerate in allowing use. Councilman Spears said we should pursue copyright and limit use. Councilman Robinson said he doesn't see this as a tacit endorsement of one paper by the City and thinks the citizens are more intelligent than to think that, stating he had no problem with the Leader using the logo. Councilman Bradley said he had no problem with the generic use of the logo such as realtors day in The Colony, but not to allow use for advertisement, going on to say that the City should limit use by not pushing one business. Vivian Bedell Bennett said she had been on the trip to New York where the Chamber had used the logo on the brochure, but that was not one company and that later that same brochure had been used by one company and that J.C. Penney thought the City was endorsing that one real estate company. Steve Withers asked how the City could logically limit the use when it has already been used. Mayor Pro-rem Harris said that technically, we cannot, right now, keep anyone from using the logo, it is not copyrighted. Ken Wood said as a citizen he sees the logo as a focal rallying point and perhaps all three papers should use the logo with a disclaimer that it is used by permission of the City of The Colony. Councilman Spears said it is really no different that using the name "the City of The Colony". Ms. Effler asked if copyright procedures had begun. City Secretary, Patti Hicks stated that the proper forms had been requested from the Library of Congress. Ms. Effler said this was a volunteer effort and she asked if the Leader is going to copyright the logo by virtue that the issues it is used on are copyrighted. Mr. Wood said sometimes, copyright happens at the time of creation. There followed a lengthy discussion regarding the use of the logo and other things given to the City. All the Council agreed there needed to be some control in the use of the logo. All Council agreed to pursue the copyright procedure. Councilman Poole moved not to approve the use for the Leader and Councilman Bradley seconded the motion, which failed with the following vote: Spears - No, Robinson - No, Bradley - Aye, Poole - Aye, Harris - No Councilman Spears then moved to approve the use of the logo by the Leader, stating he thought it was in good taste and Councilman Robinson seconded the motion, which passed with the following vote: Spears - Aye, Robinson - Aye, Bradley - No, Poole - No, Harris - Aye 7. CONSENT AGENDA A. 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 INT HE GENERAL RETAIL DISTRICT LOCATED AT 5110 PAIGE ROAD SUITE 110, FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON- PREMISE CONSUMPTION 00281 Councilman Bradley said there are two major problems with the plan presented by O'Riley's and no one is here to answer questions. Councilman Bradley moved to table the item to the next regular Council meeting and Councilman Poole seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS CASTING A VOTE FOR DICK WEAVER TO SERVE ONT HE DENTON CENTRAL APPRAISAL DISTRICT Councilman Spears moved to approve the Resolution and Councilman Poole seconded the motion which carried with a unanimous roll call vote. With no further business to address, Councilman Poole moved to adjourn and Councilman Robinson seconded the motion which carried with all members voting Aye. Mayor Pro-tem Harris adjourned the meeting at 8:25 p.m. APPROVED: Dob- ~m'fck, M~or ' ATTEST: ~...~.....~..~..c~ks, City Secretary