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HomeMy WebLinkAbout08/01/1988 City Council 00305 MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 1, 1988 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 August, 1988 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 Present Steve Glazener,Councilman Present Dick Weaver,Councilman Present Joel Marks,Councilman Present and with seven 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 No one signed up for citizen input at this meeting. 3. MAYORAL PROCLAMATION SUPPORTING THE LABOR DAY FUN FEST Mayor Amick read the proclamation as follows: WHEREAS, the City Council of the City of The Colony, Texas recognizes the importance of cooperation between the City and various organizations; and WHEREAS, this Council encourages the use of our parks for city wide functions; and W~EREAS, the Chamber of Commerce in a joint effort with the City of The Colony is sponsoring a Labor Day Fun Fest at Stewart Creek Park; and WqlEREAS, this Fun Fest will be a day filled with fun, games, contests, and ~many surprises for all citizens of The Colony: NOW, T~EREFORE, I Don Amick, Mayor of the City of The Colony, Texas do proclaim the Labor Day Fun Fest to be held September 4, 1988 at Stewart Creek Park a worthwhile endeavor for our community and urge all our citizens to participate and enjoy this day of fun in our City. SIGNED AND SEALED this 1st day of August, 1988. (s)Don Amick, Mayor ATTEST: (s) Patti A. Hicks, City Secretary Jim Vanderburg was present representing the Fun Fest Committee to accept the Proclamation and named some of the activities to be held during that day; children's fishing contest, raft races, riding lawn mower races, barbecue chicken and a country western band. Mr. John Grimshaw was also present and invited the Council to participate in the riding lawn mower race, stating there will time trials, qualifying and a very challenging race. Mr. Vanderburg sold the first tickets for the barbecue dinner to Mayor Amick. Mayor Amick stated that the entrance fees to the park would be waived that day. 00305 - 4. CONSIDERATION OF THE ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF AN AMBULANCE Bill Hall, City Manager, referred to a memorandum in the Council's packet from Captain Dave Wallace, reminding the Council that they had previously approved renovation of Fire Station No. 1 and along with that was the approval of the purchase of a new ambulance. Mr. Hall said two bids were received and that after reviewing them, Chief Morrison and Captain Wallace both recommended awarding the bid to the low bidder, American Transcoach at a price of $56,229.09. Mayor Amick explained that the City does not always take the low bid, but the best bid. Councilman Spears moved to accept the bids and award the bid to American Transcoach. Councilman Harris seconded the motion. Councilman Marks noted that there was a typographical error in the recommendation, stating the amount of the bid was $56,299.09 not $56,229.09. The correction was noted and the bid amount corrected for the record. The motion then carried with a unanimous roll call vote. 5. CONSENT AGENDA A. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE COUNCIL MEETING HELD ON JULY 25, 1988. Councilman Spears abstained from this meeting. Councilman Harris moved to approve the minutes as written, and Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. B. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY ADOPTING THE OUTLINE OF LEGISLATIVE STRATEGY FOR CLEAN AIR ACT Bill Hall explained that about one and one-half years ago, there was some legislation out on clean air and that the EPA had placed strict controls on Denton County, because of the ozone levels in Dallas and Tarrant Counties, noting that there is a measuring device located in the southern portion of The Colony which reads the ozone level. Mr. Hall said because of the location of the device, it reads the levels of Dallas County, not Denton County, therefore The Colony and other cites joined together and went to the EPA for an extension of the Act. Mr. Hall went on to say that the Denton County Committee retained an attorney to get the extension through 1989 and that this resolution supports the Denton County position in this matter. Councilman Harris moved to approve the Resolution as written, and Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY SUPPORTING THE GOOD ROADS AMENDMENT Mayor Amick said the resolution is in support of the use of the Federal Road Tax for continued road improvements in the State of Texas, noting this issue will be on the November 8, 1988 ballot and if it passes, the money will be put into the General Fund, not spent on road improvements. Councilman Harris moved to approve the resolution as written, and Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. D'. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF AN AMBULANCE Councilman Harris moved to approve the ordinance as written, and Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. E. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY PROVIDING FOR A PUBLIC HEARING ON THE MUNICIPAL BUDGET FOR THE FISCAL YEAR 1988/89 Councilman Harris moved to approve the ordinance as written, and Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. F. CONSIDERATION OF A BUDGET AMENDMENT IN THE AMOUNT OF $32,915.00 FOR THE EXPENDITURE OF DENTON COUNTY LIBRARY FUNDING Bill Hall stated that the Council had earlier approved this expenditure and that this action merely amends the 87/88 budget for future auditing purposes. Councilman Harris moved to approve the amendment, and Councilman Glazener seconded the motion, which carried with a unanimous roll call vote. 6. REVIEW AND DISCUSSION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES RELATING TO THE HOURS OF OPERATION OF AMUSEMENT GAMES Bill Hall said this is a housekeeping matter, noting that Chief Nick Ristagno had realized that the current ordinance states that any business with coin operated games must close at midnight and if the City enforced that ordinance properly, the convenience stores would have to close at midnight rather that being open 24 hours. This amendment will allow the stores to stay open all night, but they will have to turn off the machines at midnight. Councilman Marks asked how this came about, and Mr. Hall said that departments frequently review ordinances that relate to their area to handle discrepancies such as this. Lt. Mike Carroll representing the police department said this ordinance was originally written with arcades in mind and now it needs to be amended to accommodate convenience stores that have these type machines. Councilman Robinson asked if this amendment would allow arcades to remain open all night and Lt. Carroll said no that this regulates the hours for the operation of the machines. Mayor Amick directed the City Secretary to place this ordinance on the next regular agenda for Council action. 7. CONSIDERATION OF ESTABLISHING A DESIGNATED SMOKING AREA AT THE AQUATIC PARK , Councilman Marks said it had been brought to his attention that several people had stopped coming to the pool because they were unable to smoke inside the gate and he recommended designated a smoking area within the gate. Councilman Harris said he would like to hear from the pool employees regarding this subject. Elise Knox, pool director, said that there had been a smoking are previously designated and the employees were conStantly asking people to stay in that are to smoke, that there were lots of burned feet and much more trash, due to cigarette butts. Councilman Harris asked if the no smoking rule had been a source of many complaints and Ms. Knox said it had not. Councilman Robinson said he smokes and he didn't even know there had been a smoking area, stating he had seen no receptacles and no signs. Councilman Marks said perhaps we need to set some guidelines and then made a motion to establish a smoking area at the Aquatic Park. Councilman Robinson seconded the motion. Mayor Amick said he thinks allowing smoking will lead to too much litter on the grounds. Councilman Weaver said he believes Councilman Marks thinks allowing smoking will increase attendance at the pool and asked Ms. Knox if she thought that was so. Ms. Knox said she really could not say, because she does not know how many people this affects. Mayor Amick called for the vote. The motion failed with the following vote: Harris - No, Spears - No, Robinson - Aye, Glazener - No, Weaver - No, Marks - Aye, Amick - No. 003056 8. CONSIDERATION OF A PETITION REQUESTING AN ELECTION BE HELD TO LEGALIZE BINGO WITHIN THE CITY OF THE COLONY Mayor Amick stated that the petition had been received and certified as valid and asked the City Secretary address the election. Patti Hicks, City Secretary stated that the next uniform election date is November 8, 1988, but according to the Texas Election Code, this type of election cannot be held in November during an even year. Ms. Hicks said the Secretary of State's office did advise the petition would be valid if held until the January election date and Ms. Hicks recommended calling an election in January 1989 for the purpose of legalizing bingo in the City of The Colony. Councilman marks moved to accept that recommendation and Councilman Robinson seconded the motion. Councilman Harris stated that a motion is no really necessary since we are required by our Charter to call this election. The motion carried with all members voting Aye. 9. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES GRANTING A SPECIFIC USE PERMIT CLASSIFICATION ON BELOW DESCRIBED PROPERTY, PRESENTLY ZONED GENERAL RETAIL, FOR THE OPERATION OF A PAWN SHOP 174 MAIN STREET, BLOCK 1, LOTS 90-93 Mayor Amick explained that this item had been on the July 18, 1988 agenda and had failed, but due to four councilmen requesting in writing to place it on this agenda for re- consideration, it was done. The Mayor went on to say that the City Attorney, John Boyle, advised that since this is a zoning case and did fail previously, it could not be re- considered without holding another public hearing. Mayor Amick did say that the Council could hear discussion regarding the case, but that no action could be taken without voting to call another public hearing. Jerry Standerfer, Rt. 4, McKInney, apologized to the Council for not providing them with enough information before the July 18, 1988 meeting, on which they could base their decision, and then said he appreciated the opportunity to come back before the council. Mr. Standerfer said he would like to present the positive benefits, stating he has an interest in this city and that he would not put his name on a business that would be detrimental to his grandchildren. Mr. Standerfer then followed an outline, which had been handed out to the Council prior to the meeting (See Attachment "A"), enumerating the advantages to The Colony, and the advantages of Legacy Pawn Shop. Mr. Standerfer even said they name could be changed to Legacy Music & Loan if the Council preferred. Ben Walser, 4462 Chapman, said he had no questions regarding the integrity of the gentlemen requesting this zoning change, but that the people of The colony are concerned that a pawn shop would lower real estate prices. Marlene Poole, 5640 Twitty, said she wanted to give those present a brief history lesson, stating that when Wal-Mart came into The Colony, the sign read "Discount City" and because Fox & Jacobs had retained architectural control over what would be built and how, they required that wording to be removed, making this the only Wal-Mart store in the nation without the words "Discount City". Ms. Poole went on to say that the owners of Paige Medical building did not want to brick the building, but again Fox & Jacobs exercised their control and it is a brick building. Ms. Poole said that when the City of The Colony consolidated with Eastvale it was partially so that the area could be cleaned up, stating that a pawn shop is considered to be the bottom of the business world; not called good business and that the citizens want home town type businesses and the Council must control what types of businesses are in the City. Eloise Edmundson, 5613 Powers, said she hopes the Council votes against this change again and cited 4 reason why she felt this way: 1. Afraid of burglars, and having a pawn shop would make it easy for them to pawn stolen goods. 2. Police protection is bunk, it doesn't mean a thing. 3. Pawn shops tempt people to buy illegally acquired goods. ~ ~ .4. Guns - she had a 20 year old son killed with a stolen police service revolver bought at a pawn shop. Ms. Edmunson pleaded with the Council not to be persuaded by dollar signs. Daryl Siemens, 223 Malibu Dr., Highland Village, said it is not true that a pawn shop is the bottom of the business world, and they do not hurt property value. Mr. Siemens said he had spoken with Ms. Edmunston and that the gun she mentioned had been bought out of state, not in Texas, going on to say that they plan to work closely with the police department. Councilman Weaver said the P & Z had passed both the pawn shop and the child care facility and that there had not been any opposition on the pawn shop, just a few calls, both for and against. The Councilman said he thinks money from the pawn shop in taxes, per Mayor Amick, could be put back into improvements in the Eastvale area and it sounds like the Council is turning down revenue. Mayor Amick said he voted a few years ago against a used car lot on 423 because it carries a stigma and will vote against the pawn shop again for the same reason. Councilman Harris said it is not the first time Council has voted against the P & Z recommendation, stated that P & Z is appointed by Council and the Council is elected by the people. Councilman Harris said the Council's job is to meet the needs and desires of the citizens, stating also that the money to go back into Eastvale was property taxes in that area, not sales taxes. Councilman Marks said he voted against this change the first time, but was glad he signed the request to bring it back before Council, stating he had received 16 calls, all opposed to the pawn shop and that is nice to see the citizens involved and concerned. Councilman Glazener said he too had heard from several citizens and none of them were in favor of the pawn shop, noting that even the letter of reference from Chief Steve Johnson from Highland Village, showed reservations about the pawn shop. Councilman Glazener said he will vote no again. Tim Solohubow, 4504 Cart St., said the area in question has always had a bad connotation and would like to see it improved, going on to say that if the City had a Master Plan, it would prohibit this kind of problem, stating a pawn shop is not the best use for this locations. Councilman Weaver moved to reconsider the denial of this zoning change on July 18, 1988 and to direct the City Secretary to advertise a Public Hearing to reconsider this zoning request. There was no second to this motion. Mayor Amick stated this case is-closed. 10. CITY MANAGER'S REPORT Bill Hall said he had a possible solution to the ever present problem regarding junked and abandoned vehicles in the City. Mr. Hall said the Jackie Carroll and Nancy Brewer at the water department had researched this and found that the Kidney Foundation, the Texas Society to Prevent Blindness and several other charitable organizations will accept junked vehicles as a donations, with a clear title, and that they will come and pick up the vehicles. Mayor Amick suggested that this information be left with the notice from the City when a violation is found, so the people are aware of how to get rid of the car. Mayor Amick at this time called a 5 minute recess. 11. REVIEW AND DISCUSSION OF THE MUNICIPAL BUDGET FY 1988/89 Library Joan Sveinsson, Library Director was present to answer questions regarding the budget for her department. There were no questions regarding Personnel Services. Councilman Weaver did asked how the Denton County Funding works. Bill Hall explained that Denton County allocates funds each year for the Library but has not been included in the Library Budget for Capital expenditures, then as the funds become available, the staff makes their recommendations regarding the spending of those funds for additional needs of the Library, those recommendations are then approved by Council and a subsequent budget amendment for auditing purposes. Mr. Hall said he would like to see that money included in revenue this year and used for capital expenditures, not added as a mid-year project. Mayor Amick told Ms. Sveinsson to be sure her list of capital needs is given to Mr. Hall. Councilman Harris asked why advertising and legal notices and membership and dues have gone up. Ms. Sveinsson said she has more people belonging to associations and she had some unexpected advertising for employment this year. Mayor Amick asked why the increase in phone and Ms. Sveinsson said General Administration had picked up this amount before and now the Library will have to do that. Councilman Harris asked how much usage the Library received from September to June, before 5:00 p.m. Ms. Sveinsson said that after school use is heavy. Councilman Harris asked how valuable the hours from 10 a.md. to 3 p.m. are. Ms. Sveinsson said the business people, young children, and adult students use the Library during those hours. Mayor Amick asked how about opening lla.m, to 6p.m. Councilman Harris said he is constantly reminded that this is a commuter city and maybe the hours need to be changed to accommodate those persons. Mayor Amick directed Ms. Sveinsson to check into opening from 11 - 6 and from 12 - 7 and give a written report to Council, telling her also to talk to her staff regarding these changes. Councilman Robinson asked Ms. Sveinsson to do an hourly survey to determine when they are busiest. Councilman Marks asked if it is up to the Council to set the hours for the Library and the Mayor said it is. Councilman Marks stated we should then try to shift the hours to keep from increasing the hours as well as the budget impact. Councilman Harris suggested checking into being open a few hours on Sunday. There were no further questions regarding the Library budget. Park and Recreation Sylvia Brantley was present to answer questions regarding the budget for her department. Mayor Amick asked what is included in Education and Training. Ms. Brantley said seminars for T.A.F.F. and T.R.A.P.S. and various management seminars. Councilman Harris asked if there is anything included in this budget anticipating new personnel. Mr. Hall stated that there is not supposed to be and Ms. Brantley said 0030 [ there is not. Councilman Harris asked why contractual services was so far down from last year, and Mr. Hall said that is good financial management on the part of the department head. Ms. Brantley did say that this next year we will need to be sure the Civic Center is covered for cleaning and that we may need to up the phone budget. There was a discussion regarding pay phones at various locations in city facilities. Councilman Harris said he had heard nothing but good things about the department. Councilman Spears asked when we would know something regarding the sports complex on Corps land, and Councilman Harris said there would be no action until the golf course is settled, per Corps, going on to say there is verbal agreement from Lewisville to turn over the property west and south of McDonald's for that use. Bill Hall gave an update on the golf course, stating that the funds are set and they want to start in November, noting that Rusty Nichols feels this will benefit his property and has asked the Corps to allow 9 holes on his property, so he can build homes around them and a Country Club. Ms. Brantley said she feels building maintenance may need to be increased, reminding the Council the Civic Center may need repairs. Mayor Amick said to leave it as is and we will increase it if necessary. Mayor Amick asked Ms. Brantley if there is any area she feels we need to address that we are not at the present time. Ms. Brantley said in the future we will need to offer therapeutic programs and that we need more personnel, stating there are from 9500 to 10,00 persons a month going through the center. Ms. Brantley said the staff is conducting a survey to determine how many people are non- residents, and in the first 4 days 3 out of 35 young people were non-residents. Councilman Harris asked what the hours are and Mayor Amick wanted to know the average age. Ms. Brantley said the hours are 9 - 10 Mon - Thur and 9 - 11 Fri and Sat and 1 - 6 on Sunday. She said the average age is 14. Pool Elise Knox was present with Sylvia Brantley to answer questions regarding the pool budget. Councilman Harris noted this is the first year he has not received complaints regarding the pool, asking how the traffic had been. Ms. Knox said at first they averaged 475 a day, then it slowed to 375 a day, stating the events had been doing well. Mayor Amick asked about concessions and Ms. Knox suggested doing away with staff in the concession stand and just putting in a coke machine. Mayor Amick said he prefers at least one person, limiting the items sold, and no machine. There were no further questions regarding Park and Recreation and the Pool. 12. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. PROPOSED 1988/89 MUNICIPAL BUDGET - PERSONNEL- BENEFITS Mayor Amick announced that there is nothing new regarding the personnel for the upcoming budget, stating the Personnel Committee will meet this Saturday and said the rest of the Council should call the committee before Saturday morning and give their opinions on the recommendations made so far. With no further business to address, Councilman Spears moved to adjourn the meeting, and Councilman Robinson seconded the motion, which carried with all members voting Aye. APPROVED: -0030i]0 Don A~-l~k, ATTEST: Patti A. Hicks, City Secretary