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HomeMy WebLinkAbout09/19/1988 City Council003080 MINUTHS OF THE CITY COUNCIL NEETING HELD ON SEPTEMBER, 19, 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 19th day of September, 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 BOARD APPOINTMENTS B. REVIEW EMPLOYMENT CONTRACTS Upon convening in Open Session at 7:45 p.m., the Council 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. 3. CITIZEN INPUT Ben Walser, representing PARDNERS reminded all present of The Colony Triathalon II coming up on Saturday, September 24. Mr. Walser said the event begin at 7:30 a.m. and at present there are 162 entries, noting the event is expected to bring in from $2300.00 to $3000.00. Mr. Walser also said that the PARDNERS organization is need of persons who would be willing to serve as officer, going on to say that the organization is not considered legal in the State of Texas without at least three officers. He did say that after the Triathalon the group would be making a public plea for help. 4. MAYORAL PROCLAMATION REGARDING TRIATHALON II Mayor Amick read the proclamation in its entirety as follows: WHEREAS, the City Council of the City of The Colony, Texas recognizes the importance of City Wide functions; and WHEREAS, the use of City parks and facilities is encouraged for those functions; and WBEREAS, The Colony Triathalon II will begin with a 300 yard swim at the Aquatic Park, a 10 mile bike ride through Stewarts Creek Park, and end with a 3 mile run: I, DON AMICK, Mayor of the City of The Colony, Texas do hereby proclaim THE COLONY TRIATHALON II, to be held September 24, 1988 in the City of The Colony, a worthwhile endeavor for our community and urge all our citizens to participate and enjoy this very special occasion. SIGNED AND SEALED this 19th day of September, 1988. 00308 ~ ~ (s)Don Amick, Mayor City of The Colony, Texas ATTEST: (s)Patti A. Hicks, City Secretary Mr. Ben Walser accepted the Proclamation for PARDNERS. 5. MAYORAL PROCLAMATION DECLARING SEPTEMBER 22, 1988 AS "AMERICAN BUSINESS WOMEN'S DAY" Mayor Amick read the proclamation in it's entirety as follows: W]{EREAS, the American Business Women's Association is a national educational association that promotes professional and educational advancement for women; and WHEREAS, the mission of the American Business Women's Association is to bring together businesswomen of diverse backgrounds and to provide opportunities for them to help themselves and others grow personally and professionally through leadership, education, networking support and national recognition; and WHEREAS, the American Business Women's Asso'~i'ati6n encourages women to expand horizons, diversify skills, and set higher personal and career goals; and WHEREAS, this past year the Charisma Charter Chapter of the American Business Women's Association gave over $5,200 to eight young women who would not have otherwise had funds to attend college and further their education; and WHEREAS, the citizens of The Colony, Texas desire to salute working women by encouraging and promoting the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic, and cultural purposes; I, DON AMICK, Mayor of the City of The Colony, Texas do hereby proclaim September 22, 1988 as: AMERICAN BUSINESS WOMEN'S DAY in the City of The Colony, and urge all citizens to join me in this outstanding observance. In official recognition whereof, I hereby affix my signature this 19th day of September , 1988. (s)Don Amick, Mayor 'City of The C'olony,' Tex~s ATTEST: (s)Patti A. Hicks, City Secretary Ms. Elizabeth Moore and Adaleta Romo were present to accept the proclamation. Ms. Moore said she would like to encourage more women in the community to become involved stating she hoped there would be a chapter in The Colony someday. 6. RECEIVE PRESENTATION REGARDING E 9-1-1 Mr. Bud Loflan with Southwestern Bell, serving as the 9-1-1 Service Coordinator for North Texas was present. Mr. Loflan said he has been working with the Denco 9-1-1 committee, stating there are still a lot of unanswered questions. He did say this will be an Enhanced 9-1-1 system which will dispatch the phone number, address, date and time of the call as well as the type of phone used to place the call; ie. , residence, business, coin. Mr. Loflan said he has checked with the police department and finds the equipment and area very appropriate for accommodating the system. Mayor Amick said in the early meetings The Colony had 003000 been designated an a central dispatching location and Mr. Loflan said that is still true as far as he knows. Councilman Weaver said that Marilyn Milnor of Denco 9-1-1 had said The Colony is not paying enough to pay for the equipment to be installed. Mr. Loflan said The Colony's equipment cost is estimated at $12,500.00 but as yet they are not even sure what equipment will be used. He (Loflan) said Marilyn is checking with the Rockwall system and he isn't sure the cost. Mayor Amick asked what the difference in the systems are and Mr. Loflan said the Rockwall system is very similar to the Tarrant County system, it is fully enhanced, going on to say the call taker can transfer the call (voice and data) to any other agency in the area. Councilman Marks asked the cost of the service. Mr. Loflan said it is 3% of the base phone service or $.27 per access lines for residential service and higher for businesses. Councilman Weaver said the legislature upped that to 6% of base. Mr. Loflan said yes, but the Denton County rate is set at a 3% maximum. Councilman Marks asked the time. f~ame for installation Loflan said the original date was August 1989, but there is no way it can be completed by then due to the delay from Denco 9-1- in choosing equipment and feels realistically it will be from 18 - 24 months. Councilman Weaver thanked Mr. Loflan for coming and noted that J.B. King of Southwestern Bell was also in the audience. 7. PUBLIC HEARING AS REQUIRED BY THE TEXAS DEPARTMENT OF COMMERCE IN REGARD TO APPLYING FOR STATE FINANCIAL ASSISTANCE FOR THE EXTENSION OF SEWER SERVICES INTO THE EASTVALE AREA Councilman Spears moved to open the Public Hearing and Councilman Robinson seconded the motion which carried with all members voting Aye. There were no comments from the floor or the Council. Councilman Spears moved to close the Public Hearing and Councilman Robinson seconded the motion which carried with all members voting Aye. 8. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda for the Council and the Audience. A. CONSIDERATION OF THE APPROVAL OF RULES AND REGULATIONS FOR THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE ~ "- i" ~ i : ~',: . Councilman Glazener moved to approve the R~les and Regulations as presented and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE SETTING A PUBLIC HEARING TO DISCUSS THE ADOPTION OF A CAPITAL IMPROVEMENTS PLAN AND TO DISCUSS THE IMPOSITION OF IMPACT FEES PURSUANT TO LEGISLATION RELATING TO FINANCING OF CAPITAL IMPROVEMENTS BY POLITICAL SUBDIVISIONS Bill Hall explained that pursuant to Senate Bill 336, we must hold a Public Hearing before adopting impact fees to be paid by developers and that such a hearing is called by this ordinance for November 21, 1988. Councilman Glazener moved to approve the Ordinance as written and Councilman Robinson seconded the motion which carried with a unanimous roll call vote. CONSIDERATION OF APPOINTMENTS TO ADVISORY BOARDS Councilman Spears moved to appoint Morris Seay to the Library Board and to re-appoint Wayne Sandy and Julia Warren to the Park and Recreation Board. Councilman Robinson seconded the motion which carried with a unanimous roll call vote. 9. REVIEW OF AN ORDINANCE APPENDIX A-ZONING OF THE CODE OF ORDINANCES WITH RELATION TO ALCOHOL SALES 00309 Mayor amick said a letter from the attorney stated the ordinance clarifies some of the questions asked previously by the Council and then he read the caption of the Ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING APPENDIX-A ZONING OF THE CODE OF ORDINANCES OF THE CITY, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING SECTION 10 RELATING TO USE OF LAND AND BUILDINGS BY ADDING~ ~ NEW SUBSECTION..10-2200 RELATING TO THE SALE OF ALCOHOL BEVERAGES; PROVIDING THAT AT LEAST SIXTY PERCENT (60%) OF THE FLOOR SPACE OF A RESTAURANT WHICH SELLS ALCOHOLIC BEVERAGES BE DEVOTED TO THE SALE OF FOOD; PROVIDING DISTANCE REQUIREMENTS BETWEEN A BUSINESS SELLING ALCOHOLIC BEVERAGES AND A CHURCH, SCHOOL OR DAY CARE CENTER AND THE METHOD OF MEASURING SUCH DISTANCES; PROHIBITING THE PLACEMENT, ERECTION OR CONSTRUCTION OF A BEVERAGE STORE WITHIN ONE THOUSAND (1,000) FEET OF ANOTHER BEVERAGE STORE; PROVIDING THAT THIS ORDINANCE SHALL NOT AFFECT ANY VALID BUSINESS SELLING ALCOHOLIC BEVERAGES IN OPERATION ON THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Mayor Amick said the major questions addressed had been: 1) the distance a liquor store could be from a church, school or day care center and that the State says the distance limit is 300' maximum. 2) limit one liquor store to a shopping center and the attorney had said to require they could not be within 1000 feet of each other. Mayor Amick said the SUP requirement is not being changed. Councilman Marks addressed section 3, page 3, asking if this keeps current businesses from selling and new owner from getting a SUP if a church, school or day care has moved in next door. Bill Hall said there is some doubt in the attorney's office as to how to interpret the new law regarding this issue. He (Hall) said a church can be built next to a liquor store but not vice- versa. Councilman Harris said we don't need to clarify the law, because it says what we want it to say, going on to say if a businesses changes hands without discontinuing the operation of the business, there would be no problem with the owner acquiring a SUP, but if the business is closed for a period of time, then the Council would have to option to approve the SUP or not. Bill Hall said the current ordinance does address that. Councilman Glazener said he thought this was being looked into because there was a concern over the number of SUP's being issued, going on to say it seems if an SUP is denied, the applicant can continue to pursue it and might possibly sell alcohol anyway. Mr. Hall said that would only happen through litigation, stating the Council still has the power to deny zoning requests based on what is good for the City. Councilman Robinson said there needs to be a better definition of what is intended, going on to say he intended to limit liquor stores not grocery stores, convenience stores, etc. Mayor Amick said all grocery and convenience stores have proper zoning and there is no problem. The Mayor said the main questions is, "Can a business be sold without the new owner getting an SUP?" Bill Hall said this ordinance will preclude any new grocery stores or convenience stores from building. Mayor Amick said perhaps the ordinance needs to state "for the sole purpose of selling alcohol" Councilman Harris agreed the intent had been to limit liquor stores. Councilman Robinson said the definition needs to be narrowed. Councilman Marks said also that we need to keep churches, schools and day care centers from building within 300 feet of liquor stores. Mayor Amick said that 00309z would invite law suits and it is not our intention to prevent current businesses from selling. Councilman Marks asked why we can limit one and not the other. The Mayor said most 'liquo'r stores could not afford to pursue litigation. Councilman Harris said by State law churches, schools and day care centers cannot be limited in that way, going on to reiterate the ordinance is not meant to limit churches, schools or day care centers. Councilman Spears said if a business is closed for 30 days then the new owner could not get an SUP. Councilman Harris and Mayor Amick both agreed a time limit of 6 months or even one year could be added Councilman Robinson addressed Section 10, asking if O'Riley's would be considered an eating establishment or a bar, and how they fall into this ordinance. Bill Hall said according to the ordinance, a new business such as O'Riley's would have to comply but that O'Riley's is grandfathered. Councilman Robinson stated he felt we were being short-sighted in light of the probably development on Plano Parkway. Councilman Marks said it depends on how the application for an SUP reads as to whether a place is a restaurant or bar. Bill Hall said that Bob van Til had canvassed 10 cities and that this ordinance is in line with theirs, but perhaps it isn't applicable for us. Councilman Glazener said it seems we are addressing this after the fact, and asked if we want to look at the growth of our City and see how these establishments fit into our Master Plan. Councilman Robinson agreed but asked how such establishments as O'Riley's would be included into this Ordinance. Councilman Harris asked why the 60/40 floor space requirement is included. Mayor Amick said that came out of the Joint Work Session with P & Z. Councilman Marks reminded everyone that the 60/40 mentioned at the work session had been for sales, not floor space. Councilman Marks said O'Riley's came in as a bar, not an eating establishment and said he feels this section does not apply to them. Councilman Glazener disagreed, stating this to apply to both and to control both. Mayor Amick said we need to check out whether this section will keep bars from existing in shopping centers, going on to say that the 60/40 is to keep businesses from opening as a restaurant near a church or school and then changing to become a bar. The Mayor directed Bill Hall to get back with the attorney with the concern about bars either being addressed or not in this ordinance. Bill Hall said a restaurant in the truest since must have 60% food sales and then sell alcohol and asked if the Council wanted to excluded the bar that sells alcohol exclusively. Councilman Weaver said one year should be given to sell property and apply for new SUP. Councilman marks asked if we are going to .try to determine a definition of a restaurant and a bar. Councilman Glazener said a Dar won'~ apply in this case. Mayor Amick said they will have come before City Council. Councilman Robinson said bars should apply here, but the section needs clarification. Councilman Marks said it is black and white; a bar sells alcohol and restaurant sells food and if the restaurant wants to sell alcohol, they must get an SUP and if they are within 300' of a church, school or day care, they won't be able to do so. Mayor Amick ended the discussion and said this ordinance would be brought back after further review for clarification. 10. CONSIDERATION OF A RESOLUTION ADOPTING RULES GOVERNING THE CITY'S INVESTMENT PRACTICES A RESOLUTION ADOPTING RULES GOVERNING THE CITY'S INVESTMENT PRACTICES; DESIGNATING AN INVESTMENT OFFICER; DEFINING THE AUTHORITY OF THE INVESTMENT OFFICER; PROVIDING FOR A 00309 WRITTEN ANNUAL REPORT ON INVESTMENT TRANSACTIONS; REPEALING CONFLICTING RESOLUTIONS; AND DECLARING AN EFFECTIVE DATE Councilman Harris moved to approve the Resolution as written and Councilman Glazener seconded the motion. Councilman Weaver asked if our Investment Officer is our Finance Officer and Mr. Hall replied, yes. Councilman Harris asked if there is anything different than our past policies. James England referred to a letter from John Boyle, City Attorney, in which he stated that Savings and Loans are not included in S.B. 1488 and feels that we should not invest in Savings and Loans. Councilman Weaver asked if our accounts will be changed and Mr. England said our jumbo C.D.'s will be moved to banks from Savings and Loans. Councilman Marks asked what kind of check and balance system the city has and Mr. Hall said all checks require 2 signatures and there is a monthly financial report to the Council. The motion then carried with a unanimous roll call vote. 11. CONSIDERATION OF THE DISPOSAL OF A 300,000 GALLON PER DAY PACKAGE TREATMENT PLANT Bill Hall referred to his memorandum to Council, stating that the package treatment plant, located adjacent to the Animal Shelter on main Street, has been unused for 5 years. He said the City had tried to find a use for it but there is none. Mr. Hall said it could be renovated for a relative small amount of money, but it does not fit the needs of The Colony. He said the Upper Trinity Municipal Water Authority, as a group, has a need for a plant of this size and at this time, Mr. Hall recommended the plant be put out for bid in an effort to offset the $10,000 the City will be required to pay the UTMWA if we elect to join formally. Mayor Amick outlined the 3 options recommended: A. Pay the $10,000.00 B. Advertise for bid the package plan% and establish a minimum bid for the appraised value of the unit C. Advertise for bid the package plant and establish a minimum bid at $10,000.00 Councilman Harris agreed with option 2. Councilman Weaver moved to advertise for bid and establish the minimum bid at $50,000.00. The motion died due to lack of second. Councilman Harris said he was concerned that the minimum bid of $50,000 might be too high, stating it needs to be around $25 - 30 thousand. Councilman Harris also suggested placing the ad in the municipal magazines. Councilman Harris then moved to advertise for bid and establish the minimum at $25,000. Councilman Weaver seconded the motion, which carried with a unanimous roll call vote. 12. CONSIDERATION OF THE APPROVAL OF EMPLOYMENT CONTRACTS Mayor Amick said these contracts were reviewed during the Closed Door Session, noting that this year not only was the City Manager given a contract but so was Patti Hicks, James England, Nick Ristagno, Van Morrison and Tommy Turner. Councilman Harris moved to accept the contract with salaries as budgeted (noting that a typographical error had been made on Mr. Turner's salary, which would be corrected before the contracts were signed) and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. Mayor Amick said the reason the contracts were given to the other listed personnel was to give them a "thank you" to those persons and to serve as security for the upcoming budget year. 13. CITY MANAGER'S REPORT 00309' Bill Hall advised the Council on the following topics: 1. The delay in the installation of the signal lights at N. Colony and Paige is due to the overhead poles slow arrival from the manufacturer. 2. The signal lights at Blair Oaks and N. Colony will probably be complete sooner, stating the poles are in place and it should be complete by the end of the week. 3. Staff has been working on renumbering the homes and businesses in the Eastvale subdivision, noting, some of the current numbers are not consecutive. He said the Post Office required the renumbering and in order for 9-1-1 to be installed each property must be numbered properly. Mr.'Hal4 said' Nick Ristagno, Mike Russell and Bob van Til have been working on this project and hope to cause as little inconvenience as possible. He said correspondence will be sent in mid-October to notify those persons affected and then a City crew will number the buildings and houses in such a manner as to be conspicuous from the street. Mr. Hall did say a member of the Fire Department and Police Department will be present during the renumbering to advise residents of the reasons for the re-numbering. 4. Mr. Hall said Ken Leverich and his crew have been working on some of the bad streets within the Eastvale subdivision and when the roads are graded, they will use more of the scarified material acquired from Carrollton to re-surface the worst roads, and hopefully create a smooth surface that will last 2 - 3 years. Councilman Glazener asked if Eastvale residents will have input as to the location of the numbers. Bill Hall said we cannot contact everyone but the numbers will be placed in the best place for emergency response, going on to say if there is a major conflict the numbers will be given to the residents and they can place them, but they will be told the intent of the project and the necessity to place them in a conspicuous place. Councilman Glazener thanked those employees who were looking out for road repair and saving money. Councilman Marks asked if the stakes on North 'Colony were for a day care center and Mr. Turner said no, Fox & Jacobs is building 6 homes in that location. Councilman Harris did say he understands the Peanut Gallery Day Care is looking at another site in the city. Councilman Harris asked if we would be getting anymore scarified material and Mr. Hall said as long as Carrollton road work goes on, we will be able to get all we want. Councilman Harris asked if this would be a good surface for a jogging trail and Mr. Turner stated it might be. Mayor Amick said there would be a joint work session with the Park and Recreation Board on September 26 and he would like a report from each existing Council committee. With no further business to address, Councilman Harris moved to adjourn and Councilman Robinson seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:30 p.m. APPROVED: Don A~r~f'cK, Mayor 00309o ATTEST: Patti A. Hicks, City Secretary