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HomeMy WebLinkAbout08/15/1988 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 15, 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 15th day of August, 1988 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Johnny Spears, Councilman Present Mike 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. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S, SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. INTERVIEW FOR LIBRARY BOARD B. 1988.89 PROPOSED MUNICIPAL BUDGET - PERSONNEL At 7:30 p.m. the Council reconvened in Open Session and addressed the following items: 2. PLEDGE OF ALLEGIANCE Mayor Amick led the audience and Council in the Pledge of Allegiance to the flag of the United States of America. 3. CITIZEN INPUT Councilman Weaver addressed the Council and the audience regarding tax abatement, stating he had attended Commissioners Court this date and the court had agreed to help all Denton County cities to encourage businesses to located in their city through tax abatement. Commissioner Sandy Jacobs was in the audience and stated that the majority of the Court is in favor of tax abatement and the staff was directed to check into the issue further. 4. RECEIVE REPORT FROM DENTON COUNTY COMMISSIONER SANDY JACOBS REGARDING PROPOSED REDISTRICTING OF THE COUNTY COMMISSIONER DISTRICTS Commissioner Jacobs used overhead projection to show a county map and gave an overview of the redistricting plan, stating that this is dividing commissioner districts, not voting precincts. Commissioner Jacobs gave the dictionary definition of redistricting, and went on to say that a county is allowed 1 judge and 4 commissioners and that by state law, the districts should be equal by population. The Commissioner stated that the voting precincts were established in 1983 and the commissioner districts were also established in 1983 according to the 1980 census., going on to say that at that time, there were approximately 35,000 persons in each district. She said that southern Denton County has grown so much faster than the rest of the County and that now the districts are greatly out of balance, which is a violation of federal law. Commissioner Jacobs said the new plan gives almost equal population in each district, stating that the voting precincts will be divided, placing a portion of The Colony in Commissioner Precinct 1 as well as Precinct 2 (where we are now). She stated that this would allow The Colony 2 votes in the Court instead of only one. Commissioner Jacobs said that the first Public Hearing was held and there was opposition and that at the second Public Hearing there were some residents who were in favor but that basically 00306 the north part of the County is opposed and that the southern portion is in favor but is not speaking out at the hearings. She said there will probably be another hearing in October and asked that we attend to voice our support. Councilman Weaver asked what would happen to the road plans with this new districting. The Commissioner said that is under review. Councilman Weaver said he does not like the idea of The Colony being represented by two commissioner because it will cut our voice in half. Commissioner Jacobs said she does not see it that way, stating that she feels it will be an advantage because we will have two votes. Councilman Harris said it must be a benefit to have input from 2 commissioners or the portions of the County that already have 2 or more commissioners would not be opposed to this plan. Councilman Harris asked how any commissioner can oppose this plan when it is required by law. Commissioner Jacobs said it takes a majority of the Court to re- district, stating that the County has been sued before when it did not comply with the law and said that if this goes to Federal Court, then the judge will cut up the districts as he sees fit. Councilman Weaver said again the City only needs one vote. Councilman Harris said that if the City of Denton is opposed because they will be losing 1 of 3 votes, then there must be some good in having more than 1 vote. Mayor Amick said he doesn't want to lose Jacobs as a commissioner, stating we know he she votes and that we don't know how others might vote. Mayor Amick said the Council needs to decide which direction we want to go. Councilman Marks asked if there is anything we can do besides show up at the hearing and Commissioner Jacobs said we could write letters, please come to the next hearing, and could possibly pass a resolution supporting the re-districting plan. Councilman Glazener asked when the County would add a commissioner. Commissioner Jacobs said by law a county can only have 4 commissioners, but can have 8 Justice Precincts. At this time Mayor Amick addressed the following item from the Consent Agenda: C. CONSIDERATION OF AN APPOINTMENT TO THE LIBRARY BOARD Councilman Weaver moved to appoint Dell Holmes to the Library Board and Councilman Harris seconded the motion which carried with all members voting Aye. The Mayor then went on to address the following: 9. CONSIDERATION OF ARCHITECTURAL PROPOSALS FOR THE DESIGN OF THE RENOVATION AT FIRE STATION NUMBER ONE Fire Chief Van Morrison introduced Art Phelps with Phelps-Wood Architectural Firm out of Frisco, stating they have come highly recommended and that their proposal did come in under budget. Mr. Phelps stated his firm had just completed the Frisco Fire Station and then showed the Council some slides giving an example of their work. Councilman Harris asked if his firm had a good feel for what the City wants in this project and Mr. Phelps said yes that Van Morrison and Dave Wallace have communicated the needs and desires very well, stating they will attempt to carry out the historical theme of the building. Mayor Amick asked if this fits into the budget and the Chief said it does. Councilman Harris said we may need to look at improvement on Station 3 in the future. At this time, Councilman Glazener moved to accept the proposal of Phelps & Wood to design the renovation of Fire Station One and to authorize the City Manger to enter into a contract for that project. Councilman Harris seconded the motion which carried with a unanimous roll call vote. 5. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY, TEXAS, SEEKING TO AMEND APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY WITH RELATION TO THE SALE OF ALCOHOLIC BEVERAGES WITHIN THE CITY OF THE COLONY, TEXAS Councilman Harris moved to open the Public Hearing and Councilman Spears Seconded the motion which carried with all members voting Aye. There was no citizen input at this time. Mr. Hall stated that the City of The Colony is wet and alcohol sales are allowed, requiring a Specific Use Permit, going on to say that staff has been looking into establishing guidelines for master planning the city with regard to liquor sales. Mr. Hall went on to say that Council and P & Z had held a work session in which P & Z was directed to review the issue and bring back recommendations. At this time Mr. Hall read the recommendations from P & Z (see Attachment "A"). Following is a summary of recommendations: 1. Square foot ratio of building 60% to 40% 2. Liquor store no closer than 500' from church, school, etc. 3. No more than one liquor store per shopping center 4. No free standing liquor store within 1000' of another 5. Restaurants, bars & clubs allowed where properly zoned 6. Specific Use Permit requirement retained for alcohol sales Councilman Marks asked if a church, sch6ol or day care center moved in within 500' of a liquor store and the liquor store closed, then another could no re-open in the same location, stating that he disagrees, asking if we are trying to close liquor stores. Mayor Amick said that is not the intent, stating these are just guidelines. Councilman Weaver agreed with Marks, stating that if a church or day care center moved in next door to Billy's Liquors then he (Billy) would not be able to sell his business. Mayor Amick said that is a valid point. Mr. Hall said he has spoken to the attorney who advised that the same distances can be established for churches, schools and day care centers. Mayor Amick said that needs to be addressed in the ordinance. Councilman Harris agreed it could work either way. Councilman Glazener stated two things: 1. That the purpose of the ordinance is to regulate liquor sa]es not churches, and 2. There should be some distance set for live entertainment from a residence. Mayor Amick said he thought P & Z was directed to address that. All Council agreed and directed Mr. Hall to add to item #5 with regard to live entertainment from residences. Mayor Amick directed staff to prepare the ordinance for review. Councilman Robinson asked how many businesses are not in compliance and Mr. van Ti] said he could get that information for him. Cheryl Blake, P & Z member said that 1000 feet from a residence is too far, stating that there is no location in this city where a business could have live entertainment. Mayor Amick said to look into a more realistic figure. Councilman Harris moved to close the Public Hearing and Councilman Robinson seconded the motion which carried with all members voting Aye. 6. PUBLIC HEARING REGARDING THE PROPOSED MUNICIPAL BUDGET FY 1988/89 Councilman Harris moved to open the Public Hearing and Councilman Marks seconded the motion which carried with all members voting Aye. Ken Wood, asked if the increase in worker's comp was included in the budget and Mr. Hall said there is a percentage increase but if it goes up 36% as predicted, then there will have to be a budget amendment. Mr. Wood asked if anything is included for Animal Control and week-end code enforcement. Mr. Hall said there is over time in Police and Inspections for those two areas. O030 ;:O Kathy Phillips, P & R Board, stated the rec center needs one full time and two part time employees to help the center run more efficiently, stating their were 10,300 person through the center in June. Mayor Amick said the personnel budget is not final and that will be considered. Ms. Phillips also said that computer would be helpful. Mayor Amick said that Councilman Spears is working on that for several departments. Keith Irby, the High School Swim Coach, said the heating unit in the indoor pool is not sufficient, stating the water is fine, but the room temperature is cold which is not good for swimmers or the building. Mayor Amick said that there is a heater for the dressing rooms in the Capital Expenditure budget. Mr. Irby said the dressing rooms are a primary concern and stated that the moisture is causing the building to deteriorate. Councilman Harris moved to close the Public Hearing and Councilman Glazener seconded the motion which carried with all members voting Aye. 7. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda. A. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE COUNCIL MEETINGS HELD ON JULY 30 AND AUGUST 1, 1988 Councilmen Harris, Robinson and Glazener abstained from the July 30 meeting. Councilman Marks moved to approve the minutes as written and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES RELATING TO THE HOURS OF OPERATION FOR AMUSEMENT GAMES Mayor Amick explained that the current ordinance states that businesses licensed to operate amusement games must close at certain hours. This amendment will allow the businesses to remain open, but they will have to disconnect their machines at certain hours. Councilman Marks asked if businesses affected by this ordinance had been notified. City Secretary Patti Hicks said that she makes it a practice to send a copy of ordinances to businesses affected by that ordinance. Councilman Marks then moved to approve the ordinance as written and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION OF THE CITY OF THE COLONY SUPPORTING THE DENTON COUNTY CONFEDERATION Mr.Hall explained that this group, made up of several entities in Southern Denton County, was formed several months ago to promote economic growth in Southern Denton County. Councilman Glazener said he attended the meetings and saw this as a good opportunity to leverage our networking capability. Councilman Marks moved to approve the resolution as written and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES RELATING TO TRAFFIC; AMENDING SCHOOL ZONE AREAS Police Chief Nick Ristagno said that this ordinance makes two minor changes in the school zones from last year, stating the zone at Paige and Baker is shorter in anticipation of the flashing lights being installed and the zone at North Colony and Ragan is shorter. The Chief said this ordinance provides for school zones to be in effect both during school hours and when the lights are flashing. Mayor Amick read the caption of the ordinance as written: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 19 OF THE CODE RELATING TO TRAFFIC; AMENDING SCHOOL ZONE AREAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY RELATING TO TRAFFIC EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION O~C~$~O~ CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Mayor Amick stated that this ordinance needs to be passed tonight under an emergency, before school starts. Councilman Harris moved to approve the ordinance as written and Council Robinson seconded the motion. Ken Wood asked why there is no school zone at Blair Oaks and N. Colony. Mr. Hall said that our traffic engineer provides a safe school route each year and that it is just not possible to provide a crossing guard at every intersection in the city. Councilman Weaver said we should consider a temporary light at that intersection. Mayor Amick said to refer this to the Police Department for further review and directed the City Secretary to place the discussion of a signal light at that intersection on the next agenda. 10. CITY MANAGER'S REPORT 1. Mr. Hall advised the Council that Southwestern Bell had appealed the Allen EAS case, which will probably delay their final disposition. 2. Mr. Hall informed the Council that two long time friends of the City are leaving. Marilyn Putman with Fox~ & Jacobs is leaving to work in California. Judy Oaks, with Colony Joint Venture has left their employ and will working elsewhere. 3. Mr. Hall said he attended a meeting regarding the widening of 121. The widening had originally been set for 1989 and the State had said if the cities would acquire the necessary right of way, 8 -9 months would be cut from that schedule. The cities have done so and now the State has moved the schedule for letting of contracts on the widening from Denton Road to FM 423 into 1990. Mr. Hall said he and Hal Jones did object and stated the Council may need to pass a Resolution formally objecting to the schedule. 11. REVIEW AND DISCUSSION OF THE PROPOSED MUNICIPAL BUDGET FY 1988/89 Mayor Amick said the Council has reviewed and discussed the budget in detail and that they are please with the City Manager and staff on a job well done. The Mayor did say he would like a report on the swimming pool situation before the budget is finalized. Mr. Hall said that most important, with Council's guidance and direction, he and the staff have prepared a workable budget of $7.1 million, $440,000 above last year, which is a minimal increase. Mr. Hall said also with the direction of Council, we have reached a recommended budget to be adopted with a $.74 tax rate vs the current $.75 tax rate. Councilman Harris stated that when we consider what is going on around us, he feels the staff has done an excellent job. Ken Wood asked what the final tax roll was and Mr. Hall said $524 million. Mayor Amick said we did not plan to lower the tax rate but when the tax appraisals came in higher we were able to lower by one cent. Councilman Marks asked if all the capital expenditures were included in this budget. Mr. Hall said some cuts are being made and those will be brought back to Council. Councilman Marks also said the staff had done a good job. Mr. Hall said this done with the total effort of a completely supportive staff. Mayor Amick reiterated the budget is not final. 1. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S, SECTION 2G, REGARDING PERSONNEL, TO-WIT: B. 1988/89 PROPOSED MUNICIPAL BUDGET - PERSONNEL Upon reconvening in Open Session and with no action to be taken with regard to the Closed Door Session, Councilman Marks moved to adjourn and Councilman Harris seconded the motion, which carried with all members voting Aye. Mayor Amick adjourned the meeting at 11:10 p.m. APPROVED: Don A~ic~,'May~r .... t - ATTEST: ~.~,~ks, City Secretary 0 0 3 0 7 ATTACHMENT MEMORANDUM TO: BILL HALL, City Manager FR: BOB van TIL, Administrative Staff Planner ~ DA: AUGUST 10, 1988 RE: RECOMMENDATION FOR THE SALE OF ALCOHOL REGULATIONS During the Planning &'Zoning Commission Regular Session held on the 9th day of August,.1988..the following recommendations were made regarding the sale of alcohol in the City of The Colony. These recommendations are as follows: 1. The square foot ratio of the building for service to patrons for food and other item sales to alcohol sales for restaurants is recommended to be 60% to 40%. 2. The distance a liquor store must be from a church, school.{or day care is 500 feet to be measured from nearest corner of building to nearest corner of other building [actual facility]. 3. There should be no more than one liquor store per shopping : center. 4. No free standing liquor store can be within 1000 feet of another liquor store. 5. Restaurants, bars and private clubs be allowed to operate in zoned districts where such uses are permitted. [Providing that Planning and Zoning review closely .the effects of live and/or loud entertainment on surrounding ar6as. 6. That the Specific Use Permit requirement be retained for approval of alcohol sales. /jas