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HomeMy WebLinkAbout10/26/1988 City Council 003 ._2o MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 26, 1988 The Work Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 26th day of October, 1988 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-rem Present Johnny Spears, Councilman Absent Mike Robinson, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. DISCUSSION OF A PROPOSED ORDINANCE REGULATING THE SALE OF ALCOHOLIC BEVERAGES Mayor Amick opened the floor for questions or comments from the Council. Councilman Marks stated that he thought in an earlier session Council had decided that 300 feet would be the maximum distance and that the newly prepared ordinance states the distance from a private school or day care center will be 500 feet. Bill Hall stated that the caption does not indicate that at all and the Mayor said the caption should be corrected. Councilman Harris asked if the State law requires a different distance for private schools, etc. than public schools and churches. Councilman Robinson said State law addresses churches, public schools and public hospitals, but not private schools and day care centers. After a general discussion, the Council consensus was to change the 500 feet to 300 feet, with concurrence from the city attorney, and to correct the caption. Councilman Glazener said he had asked the City Secretary to include the Addison procedures for establishing their liquor districts, as outlined in their charter, in the packet for Council information. Councilman Glazener said we could hold a Charter Revision election and establish a liquor district in that way and then restaurants could be controlled by SUP. Mayor Amick asked where such a district would be established. Councilman Glazener said we would need to find an area suitable with major access and not on every corner in town. Councilman Harris agreed it is a good idea but it would be like closing the barn door after the horses are out. Councilman Glazener said he does not want to penalize current owners but would like to look at a long term solution. Councilman Marks said that previously Council had talked about setting a time limit on SUP's. Councilman Robinson asked where such a district would be located and Councilman Glazener said in the Business Park district. Mayor Amick said he has a problem with developing such a zone, going on to say the City has been developed by master plan, and it seems that 423 would be the logical place for this type district, but right now the empty property is zoned as office and he feels the current mix on 423 is a good one. The Mayor went on to say the next available corner on 423 is at N. Colony and it currently zoned shopping center, reiterating he felt the current development is a very logical one and he would like to see the rest of 423 development as it has in the past and would hate to see it change to a liquor district. The Mayor noted that liquor stores don't open as fast as the Council has approved their SUP and he believes the market will determine what will stay open. Mayor Amick then said south of 121 on Plano Pkwy. has been planned for business park zoning with restaurants and he feels the city is growing in the right direction now and that he believes the Council is careful in their control of that growth. Councilman Glazener said he hopes this ordinance will not allow a 0031.26 liquor store on every corner and if it doe, then we need to re- think this issue. Councilman Glazener also asked if there is a distance for taverns within a residential area. Bill Hall said it is not addressed in this ordinance, but that it was discussed with the attorney and that all present taverns are in a residential area. Mr. Hall said the attorney advised that our current ordinances address the noise aspect. Councilman Glazener said then that those businesses could be addressed during site plan. Mayor Amick said Figano's restaurant opened as a restaurant and then progressed into a bar with a band and asked what happens if that happens again besides the business getting fined only to pay and keep going. Bill Hall said that did happen at Figano's. Chief Ristagno was present and stated that at the first complaint, walk-throughs are increased, then warnings are issued the second, third and sometimes even the fourth time a complaint is received. The chief said after that someone is arrested and the problem is usually corrected. Mayor Amick noted that a bar, lounge and tavern are defined and if they come in as a restaurant and then become a bar, they are in violation. Councilman Marks said if a restaurant sells liquor, then cannot open near a church, school, etc. Mayor Amick said if they don't derive 75% of their profits from liquor, they can. Councilman Marks then addressed Section 3 of the ordinance, asking if current business owners will be able to sell their business. Mr. Hall said yes, they can, and if the building is unoccupied for a long enough time period, the City can void the zoning. Councilman Marks said there is no time period addressed in this ordinance and Mr. Hall said that is covered by the SUP ordinance. Mayor Amick asked for a consensus on the length of time to allow and the Council all agreed on a one year time limit. Mayor Amick directed the City Secretary to place this ordinance, with noted corrections, on the November 7 agenda for Council action. 2. DISCUSSION OF A PROPOSED AMENDMENT TO SECTION 5 WITH RELATION TO PIT BULL DOGS Councilman Robinson asked if $1000.00 is the maximum fine allowed and Chief Ristagno advised it is. Councilman harris said he presumes there have been incidents involving pit bull dogs which prompted the preparation of this ordinance and Chief Ristagno said there had been some recently. Mayor Amick said this is timely, because he had been approached by a citizen last week about this type of ordinance. The citizen advised their neighbor has two pit bull dogs in their back yard. Mayor Amick said the City of Richardson Ordinance, from which this ordinance was drafted, has been tested in court. Mayor Amick asked if the liability insurance required in this ordinance falls under home owners insurance. Councilman Harris said he is aware that all animals are to be registered but he asked why the word registered preceded the words pit bull dog in almost every instance in this ordinance. Chief Ristagno said he would like to see the word removed, stating people would be in violation of two offense, instead of just one. Mayor Amick said to research this before removing the word. Councilman Robinson asked if this ordinance is passed on November 7, will present owners of pit bull dogs be grandfathered. Mr. Hall advised there is no grandfather clause in this ordinance. Councilman Harris asked how the owners would be notified. Mr. Hall said this will be in the newspaper. Councilman Robinson asked if this ordinance could be passed at the next meeting without two readings. Mayor Amick said the resolution requiring two readings of an ordinance allows that an ordinance can be passed on the first reading if there is a consensus of Council that the need for the ordinance demands. There Council did agreed this ordinance should be placed on the November 7, agenda for Council action. 3. DISCUSSION OF AN ORDINANCE AMENDING THE ZONING IN THE EASTVALE AREA. There were no questions regarding this ordinance and the Mayor directed the City Secretary to place it on the November 7 agenda for Council action. 4. DISCUSSION REGARDING CONTINUED PARTICIPATION IN THE UPPER TRINITY MUNICIPAL WATER AUTHORITY Councilman Weaver said he requested this to be on the agenda because he feels the City is gaining zero from membership in this group, going on to say that Tommy Turner and Bill Hall have expressed the same feelings. Councilman Weaver said the group is always asking The Colony for something but The Colony is getting nothing in return. Councilman Harris asked if Frisco had pulled out and Councilman Weaver said no that George Purefoy had said they are staying in for protection because the group is getting out of hand. Councilman Weaver said he does not believe The Colony needs protection and that the money can be better spent in the Eastvale area for improvements. Councilman Weaver went on to say that if we do not receive any bids on the package plant maybe we can give it to this group as our fee to belong. Bill Hall said we still have to advertise for bids at a minimum of $25,000.00 Mayor Amick asked for Mr. Hall's opinion and Mr. Hall said he does agree with Councilman Weaver, stating that at first The Colony did benefit a lot, noting this group was not ever intended to benefit just one area. Mr. Hall said the interim manager works for the engineering firm which is drawing up the plans and that tonight he is being appointed as the permanent manager. Mr. Hall said he feels our current system will take us well into the year 2010, which this system (UTMWA) is designed to do. Mr. Hall said they (UTMWA) want to create a regional facility in Little Elm to benefit Little Elm, Saratoga and Frisco. Hall went on to say that we will have to expand but we can easily go into 2025 or 2030 with our system and if we remain in, we commit to pay on a bond issue, if revenue falls short, on a system we don't even need. Mayor Amick directed the City Secretary to place withdrawal from UTMWA and re-allocation of funds on the November 7 agenda for action. 5. ITEMS OF OTHER INTEREST Councilman Robinson announced that he has accepted a position with a company that will require him to relocate to Detroit Michigan in early December, but that he desires to keep his seat as long as he can so he can continue to work on the committees to which he has been appointed. Mayor Amick said that a notice should be published in the newspaper regarding interviews for appointment to fill this vacancy, and that such notice should state that whoever is appointed must run in the May 1989 election to keep the seat. Councilman Marks asked if they have to run. Councilman Harris said we would like to appoint someone who would want to run but they do not have to unless they desire to keep the seat on Council. Mayor Amick said to be sure that is clarified in the publicity and also directed the City Secretary to determine if this vacancy can be filled by election and if so would that person have to run in 1989. Councilman Marks said that the Personnel Policy and Procedure of the City of The Colony states that relatives to elected officials may not be employed by the city and said that he does not see that as a conflict, going on to say that he does see hiring relatives of department heads as a conflict. Mayor Amick and 003!2 Councilman Harris both stated they feel it is more so a conflict with regard to Council than Department Heads. Mayor Amick said it could become very political if Council relatives are hired by the City. Councilman Marks said he disagrees with that and the Mayor said there would be unspoken pressure on the department head to hire the relative of the Council. Councilman Marks said the City is missing out on a lot of good people. Mayor Amick said there are just as many good people that are not related to Council who need jobs. Councilman Marks said he would like to see how other cities address this issue. Mayor Amick asked if any Council committees had a report. Councilman Harris asked if there was an update on the Golf Course. Mr. Hall said Dick Watson is in town and has contacted him (Hall) four times today, and that Watson said they are ready to go. Councilman Weaver reported on the E 9-1-1 committee stating that Denco 9-1-1 has hired a consultant to help them decide on which system to use. Councilman Weaver said there is not enough money coming to pay for it but that the amount cannot be increased without another election. Mayor Amick asked the City Secretary to contact Commissioner Sandy Jacobs to see if she has any new information regarding the re-districting plan and if so, would she be able to come to the November 7 Council meeting and give an update. Mayor Amick directed Bill Hall to pull the Cable T.V. franchise agreement to determine if the Cable company can sell without City approval. Councilman Marks asked what night is official for Trick or Treating. Mayor Amick said Halloween and directed the City Secretary to have that placed on the Cable channel. Bill Hall said that the City of Frisco attorney advised him the annexation The Colony completed last year annexing the right of way on the north of SH 121 was actually within the City of Frisco and they have asked us to disannex that property. Mayor Amick said the State will then have to move our city limit sign at Frisco's request. The Mayor asked Mr. Hall to find out if we can put up a "Leaving The Colony" sign on the south side of SH 121 and directed staff to proceed with the dis-annexation. Mayor Amick asked if the White property taxes have been paid and Mr. Hall advised they were paid for 86-87 and are current. Bill Hall said he had been contacted by Group II Corporation, a company that says they can give us unlimited two way metro calling for $150.00 a month. Mayor Amick said to try to get them to give a presentation at the November 14th meeting. The council then discussed a holiday meeting schedule and directed the City Secretary to place it on the November 7 agenda for action. Mr. Hall then advised the Council there had been an article in the Leader regarding the grant application for Eastvale, noting that in the article Mr. Bob van Til had given him (Hall) the -- credit for that application. Mr. Hall said he wants the Council to know that Mr. van Til deserves the credit and that the efforts are exclusively his. Councilman Harris said since there may be some extra money from withdrawing from UTMWA, perhaps the athletic complex can be looked at again, noting that there are companies that do the design and get the grant for a fee. Councilman Glazener suggested maybe looking into a jogging trail again. Mayor Amick said Bob van Til should check into the feasibility of such a grant. Councilman Glazener said a Landscape Ordinance has been discussed and suggested that maybe some of the volunteers on the Beautification Committee could be used to form a Landscape Commission. Mayor Amick directed the City Secretary to pull the names from the original street naming committee, stating the committee will be re-vitalized to name 7 streets in the Northpointe Subdivision, phase two. Councilman Marks informed the Council that the Youth Advisory Board has not been meeting regularly and suggested perhaps it should be disbanded. Mayor Amick said he thinks we need to keep the Board in tact but it can be an inactive Board. Mr. Hall suggested changing it to a committee instead, that would become activated when necessary. Councilman Harris said he feels the Board gives the kids a feeling for how the City operates. Mayor Amick directed the City Secretary to try to set up a meeting of the Board, and he will speak to them, after which the council will interview for new members. With no further business to address, Councilman Marks moved to adjourn the meeting and Councilman Robinson seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:05 p.m. APPROVED: Don A~ick, Mayor ATTEST: Patti A. Hicks, City Secretary