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HomeMy WebLinkAbout02/01/1988 City Council 0 0 2 8 8 MINUTES OF THE CITY COUNCIL MEETING HELD ON FEBRUARY i' , 1988 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 1st day of February, 1988 at City Hall with following Council roll call: Don Amick, Mayor Present Rick Harris,Mayor Pro-rem Present Johnny Spears,Councilman Present Michael Robinson,Councilman Present Steve Glazener,Councilman Present Harvey Bradley,Councilman Present Marlene Poole,Councilman Present and with seven members present a quorum was established and the after convening in open session, the Mayor addressed the following items: 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTION 2E, REGARDING PENDING LITIGATION, TO-WIT: A. EXTENDED AREA SERVICE There was no action taken regarding the Closed Door Session and the Mayor addressed the following items: 2. 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 At this time, Mayor Amick stated that due to an oversight Citizen Input had been left off the posted agenda, but if Council had no objections he would allow Citizen Input at this time. Council did not object. CITIZEN INPUT: Tom Cunnin~ham, 5109 Hardaway Cir., representing The Colony Masonic Lodge #1451, stated that the re-modeling of "Old City Hall" for use as a community meeting facility was going along very well. Mr. Cunningham said that Phase 1 and 2 are complete, going on to say there had been a few problems with wiring and bad flooring, stating both had been replaced. Mr. Cunningham said there had been installed a new cabinet and sink and a refrigerator and stove. He said they members think the building will be ready by April 1, 1988 or maybe before. Peggy Linden, 5004 Nash Dr., representing the BaHai Faith presented the City with a framed set of the 4 freedoms by Norman Rockwell for hanging in City Hall. The gift was carrying on a tradition of that organization to recognize the anniversary of the incorporation of the City of The Colony. 6. CONSIDERATION OF A REQUEST FROM THE COLONY CRUISERS TOURING CLUB TO HOLD A ONE DAY MOTORCYCLE RALLY AT STEWART CREEK PARK Ric Cartier, representing the organization stated this is not a "Hell's Angels" type group, going on to say that the average age is over 35 and that they have been in existence about 10 months. Mr. Cartier said this rally will raise money for Christian Community Action and to buy a tree for the park or whatever use the Park and Rec Board deems necessary. Mr. Cartier asked to cut the entry fee to $1.50 for each motorcycle and for the use of the pavillion. He also asked permission to place temporary signs on 423, North Colony and 121. Councilman Bradley asked how anyone would prove they had paid their $1.50 fee if they leave the park. Mr. Cartier said each entrant will be 9iven a special card to identify them as an entrant. Councilman Bradley then moved to approve the request as presented and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF MINUTES FOR THE CITY COUNCIL MEETINGS HELD ON JANUARY 18 AND JANUARY 25, 1988 Councilman Robinson made note of an error on the January 18 minutes with regard to the speed limit on Paige, stating that it should read 40 mph instead of 35 mph. The City Secretary was directed to correct this error before filing. Councilman Spears moved to approve the minutes as amended and Councilman Bradley seconded the motion which carried with all members voting Aye with the exception of Councilmen Glazener and Poole who abstained on the minutes for January 25, 1988. 8. CONSIDERATION OF APPROVAL AND ACCEPTANCE OF THE 1986/87 AUDIT AT PREPARED BY DELOITTE, HASKINS AND SELLS James England, Finance Director, covered the points in the Management Letter, noting there was a very important stated in the letter which stated no weaknesses were found in our system. Mr. England then covered the points: 1. Separate Accounting for the Utility Fund and the General Fund - Mr. England indicated on a chart how the accounting system has progressed throughout the year and said that currently all general ledger accounting is on the NCR Tower system. 2. Journal Entries - Poor format and Mr. England said the form has been redesigned and is now acceptable. 3. Cash receipts not deposited in a timely manner. Mr. England said he has already met with the appropriate department heads and has established a new schedule and that he has established a new schedule for tax payments also. There followed a discussion regarding mortgage companies and how they pay taxes to the City. 4. Swimming Pool- Mr. England said there had been some problems last year, but some changes have been made with regard to numbered tickets and Ms. Brantley has said that an adult will be in charge of the concession stand when it re- opens, since there were some "ups and downs" when the teenagers were left in control. 5. Court - Work is being done to improve the deposit schedule. 6. Cancelled Invoices - Mr. England said that invoices are matched with the P.O, packing slip, etc. before being paid and will improve this area. 7. Price Quotes - One questions regarding the police recording system. Mr. England said that the Chief had advised him this was an emergency purchase to replace the inoperative recording equipment in the dispatch area. 8. City Hall/Library Construction Costs - These should have been allocated per building, but the figures have not been received from Marcon Construction Co. at this time. Mr. England said this will be completed and will be capitalized by 9-30-88 9. Lease Purchase - some lease purchase payments (phone system) were not shown as such, but as phone bills. This has been corrected. 00288, Mayor Amick asked about item 8, why this should be capitalized. Mr. England said it is show the buildings as assets of the City. 10. Fixed Assets - Mr. England said this will be generated by department. 11. Eastvale Consolidation - Need to eliminate water and sewer accounts. Mr. England said that as of Sept. 30, 1987, the General Fund was closed out and that as of Feb. 1, 1988, the Utility Fund was converted to the City computer system, all balanced and transferred. Mr. England went on to say that as of February 5, 1988 residents will be receiving new bills. 12. Minutes no always complete - Mr. England said that staff or Council had no complaints regarding the minutes. 13. Investments - There are four things to be accomplished in this area. A) Must have formal investment policy per HB 1458. B) Must carefully prepare a draft policy C) Will have DHS to review plan with staff D) Will bring to Council in a Work Session to review to complete understanding in April or May, 1988. Major investment Criteria: Safety, Liquidity and Yield Mr. Weaver asked how the City is functioning regarding investments without a written policy. Mr. England said just as in the past, it was left up to the City Manager and himself to invest correct]y, stating that the Council has trusted them to do the job. Mr. England then covered the ways staff uses market research to be sure the financial institutions used are the best, summarizing by stating "We handle public funds and with than comes public trust. We are in tough times and a it is a tremendous responsibility. We will continue to monitor to be sure we are correct." Ken Wood asked how much City assets are tied up in investments, to which Mr. England responded about 90%. Mr. England then responded to Councilman Harris' request from the last meeting regarding questions that were a repeat from the 85/86 audit, stating there were only 3; written investment policy, fixed asset subsidiary ledger and City Hall cost breakdown, noting that all three have already been addressed. Mr. England introduced Cheryl Hawkfield and George Scott of DHS to answer any questions regarding the audit. Mayor Amick asked Mr. Scott if the observations and recommendations made during an audit are required by law or is it up to the City to comply. Mr. Scott said they are merely recommendations. Councilman Poole then moved to accept and approve the audit as presented and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF APPROVAL OF PRELIMINARY AND FINAL PLAT FOR LAKEWAY BAPTIST CHURCH TO BE LOCATED AT 4104 N. COLONY BLVD. Mr. Bob van Til stated that the plat is in the Council packet and that the Reverend Setzler has applied because this area is unplatted, going on to say the property cannot be improved until it is platted. Mr. van Til said the planning process for the church cannot proceed until this is approved. 00 288 Councilman Harris moved to approve the plat as presented and Councilman Bradley seconded the motion which carried with a unanimous roll call vote. 10. CONSIDERATION OF APPROVAL OF FINAL PLAT FOR NORTHPOINTE ADDITION AS REQUESTED BY FOX & JACOBS, INC. Mr. Bob van Til said the plat is in the Council packet and that Centex Real Estate has requested approval of final plat, stating that preliminary plat had been approved in December 1986, with final plat being presented late in 1987. Mr. van Til said staff reviewed the constructions plans and plat and requested numerous changes, primarily in drainage, which the developer has made.agreed to, as well as the city engineer, who as agreed to the changes also. Mr. van Til went on to say that P & Z has reviewed and do recommend approval with the following 4 items to be addressed: 1. Whether the cul-de-sac at the end of Baker Dr. be a 55' or 50' r.o.w. Mr. van Til said that the Fire Chief has recommended a 55' r.o.w, at the end of Baker. 2. That the Council examine a typical cross-section from the top of the cul-de-sac on Baker Dr. across the drainage easement to determine whether a berm or a guardrail is more appropriate. Mr. Hal Jones, City Engineer, has recommended that a guard rail be erected at the end of the cul-de-sac. P & Z's major concerns were more closely related to aesthetics. 3. That the Council consider a new screening product introduced by Mr. Luciani. 4. That a dead-end sign be placed at the corner of Baker and Parker Drives. Mayor Amick then addressed the items, after reading item 1, the Council all agreed the r.o.w, should be 55'. The Mayor then read item 2. Ken Wood asked if a guardrai] would prevent access to the area to fight grass fires. Mayor Amick said this is not a grassy area. All Council agreed with the guardrail The Mayor asked Joe Luciani to present the new product. Mr. Luciani gave the Council pictures of two products; Woodcrete and Brickcrete, stating they both require easier maintenance, are repaired easier and are aesthetically pleasing. Mr. Luciani said the Mfg. Rep, Gerron Griffin is present to answer questions, going on to say he is not asking for approval tonight, but wants to Council to consider these products for the screening wall alon~ N. Colony Blvd. Mayor Amick stated the first proposal was brick and asked what if a car runs into this, would the City be able to replace it. Mr. Luciani said it would be easier to replace than brick, stating it comes in pallets, could be stock piled and is easily replaced. Mayor Amick asked if F & J would provide a reasonable supply after completion for storage at city facilities, to which Mr. Luciani replied yes. .._ Councilman Robinson asked if this product would be feasible for a guardrail. Mayor Amick said he felt the guardrail would be better. Councilman Poole asked how far back this would be instal]ed. Mr. Luciani said it would be along the property line, going on to say there would be approximately 10' of green area then a 4' sidewalk. Mayor Amick asked if this was just Phase I and Mr. Luciani said yes, that 'there are 130 lots all south of N. Colony Blvd. 002880 Mayor Amick then asked ~ab~t!~the Council naming the streets. Mr. Luciani said they h~d"been named and reviewed with some changes being made. The Mayor said it was his understanding that the Council would name the streets in this addition. Mr. Luciani said that would be fine and asked the Council to consider leaving Northpointe Dr and Court, Baker Dr., as well and Eddie Magges Dr. as they were. Mayor Amick said he would reserve approval of those streets until the Council could review and that new names, if any would be given to him as soon as possible. Councilman Harris noted that there is no park in this area. Mr. Luciani said the park area is on the north side of N. Colony, in Phase II. Councilman Harris then asked if the screening wall is on the south side of N. Colony only, and Mr. Luciani replied it is. Councilman Harris asked if F & J is going to plant trees would they also provide water. Mr. Luciani said that irrigation is in the plan. Mr. Joel marks stated that Council should be sure former council persons deserve to have a street named after them. Councilman Glazener moved to approve the plat as presented and Councilman Spears seconded the motion which carried with a unanimous roll call vote. At this time, Mayor Amick called a 5 minute recess. 11. CONSIDERATION OF A CHANGE ORDER TO AUSTIN PAVING CO. FOR AN EASTBOUND RIGHT TURN LANE ONTO PLANO PARKWAY Mayor Amick said this item was necessary before Plano Parkway would be opened. Councilman Harris moved to approve the change order in the amount of $25,348.35 and Councilman Bradley seconded the motion. Mr. Ken Wood asked when the Parkway will be opened and Mayor Amick said hopefully by mid-February. The motion then carried with a unanimous roll call vote. 12. CONSIDERATION OF A RESOLUTION APPROVING PARTICIPATION IN THE SOUTHWESTERN BELL FRANCHISE STEERING COMMITTEE Mr. Bill Hall referred to his memorandum regarding the resolution in the Council packet, stating that cities are trying to standardize franchise fees for S.W. Bell, across the State, going on to say that the City's part would be approximately $92.50 and recommended passing for the information to be gained from the study. Councilman Robinson moved to approve the Resolution and Councilman Bradley seconded the motion. There followed a lengthy discussion regarding the benefit the City would derive from this participation. Mayor Amick asked if the money is for legal fees, and Mr. Hall said it is to conduct the study but passing the resolution does not mean we are at this time establishing the franchise fee. Councilman Robinson said that the City may not be ready now, but if we participate we will have the information available to us in the future. At this time the motion failed with the following vote: Harris - No, Spears - No, Robinson - Yea, Glazener - No, Bradley - Yea, Poole - No, Amick - No 13. CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 6 OF THE CODE OF ORDINANCES, RELATING TO SIGNS Mayor explained the purpose of this amendment, stating that in the past political signs had been placed around the polling places illegally and this would legalize them for election day only. Councilman Glazener moved to approve the ordinance presented and Councilman Harris seconded the motion. Councilman Poole asked if the statement in this 00288o section which stated only one such sign is allowed in resident yards is correct. Mayor Amick asked the City Secretary to research that and let Council know, stating that portion may need to be amended also, going on to say that the Ordinance should be placed on the work session agenda for review. Mayor Amick then read the amending sentence "Permission is granted on ELECTION DAY ONLY for the erection of nonilluminated special purpose political signs on City right of way, around, but not closer than one hundred feet (100') [pursuant to the Texas Election Code] of the designated polling places." At this time, the motion carried with a unanimous roll call vote. 4. PUBLIC HEARING ON APPLICATION OF JEFFREY E. KIRKPATRICK, DBA KL LIQUOR, LTD. FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER 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: 6700 MAIN ST. (FM 423), LOMBARD PLAZA, SUITE 100 Councilman Bradley moved to open the Public Hearing and Councilman Spears seconded the motion which carried with all members voting Aye. Mr. Bob van Til said this store is in the same center as Figanos, that the case was heard by P & Z in December 1987, and that they (P & Z) do recommend approval. Mr. van Til said 27 notices were mailed and only one response was received against the zoning change, going on to say that Mr. Robert Baker, owner of the center is present to answer questions. Mr. Ken Wood said he is personally against a liquor store in this center because all the other stores are family oriented. Councilman Poole moved to close the Public Hearing and Councilman Spears seconded the motion which carried with all members voting Aye. 5. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY, TEXAS, BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR A RETAIL STORE IN THE SC, SHOPPING CENTER DISTRICT ~F~HE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE'CONSUMPTION: 6700 MAIN ST. (FM 423) LOMBARD PLAZA, SUITE Councilman Spears moved to approve ~he Ordinan~:e as written and CounCilman Poole seconded the motion-~ Mayor~.Amick asked Mr. Baker the policy regarding I.D. and Mr. Baker sai~ ~the law will be enforced, going on to say-that the other tenants in the center are glad to see this Store come in, because' they feel it will be a good merchant. Councilman Harris stated that our attorney say there is nothing we Can~do to limit liquor stores except through zoning, g~ing On to say that unless the sale of liquor can really be ~ntrolled, ~he would not vote in support of any wet election~ wh~ch.~ould'~ allow more liquor stores in the city. Council~mBn Harris said he is concerned with the community's image, ~nd ~a§ked why we should have Public Hearings if they don't really matter. Councilman Glazener agreed, stating that he believes the issue is planning , not liquor and is concerned about city promotion and the city's image, going on to say there must be a way to address this problem. Mayor Amick disagreed, stating that he had received a letter from the owner of another liquor store in the city, asking him (the Mayor) to vote against another liquor store coming in because the existing store would be forced out of business. Mayor Amick stated that the market will tell which business stay in. Councilman Harris agreed, but said he is concerned with where this city is going. Councilman Poole asked if staff is checking on the alternatives and Mr. Hall said staff is waiting on a reply from the city attorney. At this time, the motion carried with the following vote: Harris - No, Spears - Yea, Robinson - Yea, Glazener - No, "Bradley - Yea, Poole - Yea, Amick - Yea. 14. RECEIVE REPORT FROM THE LANDLORD LICENSING COMMITTEE Mayor Amick asked the Council to take the report given to them in their packet and review it, directing any questions to the SFR committee, stating the ordinance will then be brought back to Council with the proper amendments. 3. RECEIVE UPDATE REGARDING EXTENDED AREA SERVICE Mayor Amick gave those present a copy of a letter presented to Council in Closed Door session earlier, which stated the position currently at the PUC with regard to EAS in The Colony EMERGENCY AGENDA ITEM 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. STAFFING B. JOB DESCRIPTION No action was taken regarding the Closed Door session and with no further business to address, Councilman Spears moved to adjourn the meeting and Councilman Glazener seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 12:00 midnight. APPROVED: Don ~~,- May~'~ ATTEST: Pa~~s, City Secretary