HomeMy WebLinkAbout11/14/1988 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
NOVEMBER 14, 1988
The Regular Session of the City Council of the City of The
Colony, Texas was called to order at 7:30 p.m. on the 14th day of
November, 1988 at City Hall with the following Council roll call:
Don Amick, Mayor Present
Rick Harris, Mayor Pro-tem Present
Johnny Spears, Councilman Absent
Mike Robinson, Councilman Absent
Steve Glazener, Councilman Present
Dick Weaver, Councilman Present
Joel Marks, Councilman Present
and with five present, a quorum was established and the following
items were addressed:
1. PLEDGE OF ALLEGIANCE
Mayor Amick led the audience and the Council in the Pledge
of Allegiance to the flag of the United States of America.
2. CITIZEN INPUT
Mayor Amick, announced the annual Beta Sigma Phi City
Christmas Tree Lighting to be held December 2, 1988 at 7:30 p.m.
and urged all present to attend.
Bill Burkhart, 5073 Aztec, representing AARP urged the
Council to consider appointing Norman Adeler to fill the vacancy
in Place 3 on the Council. Mr. Burkhart also told the Council
the City needs good restaurants that are large enough to hold a
large meeting, noting that AARP now has 90 members and that they
(AARP) plan on having a Charter Banquet in the near future. Mr.
Burkhart also stated that he has learned that the organization
will have to sign a release of liability with the city to use the
Civic Center and said he believes the last clause is against City
policies. Mr. Burkhart said he had spoken with the City Manager
who told him the City Attorney would be in touch with him. Mr.
Burkhart did say the Chapter voted to buy liability insurance and
he will sign the waiver as soon as they have the insurance.
Mr. Burkhart also told the Council that because we need good
restaurants they should not pass an ordinance regulating alcohol
sales that will prohibit that type of business coming into the
city.
Bill Manning, #2 James Cir., stated that a lot of
beautification work has been done around the city to make a good
first impression and to attract businesses, going on to say that
some had been done in the past, but it is now time to put a re-
emphasis on beautification. Dr. Manning went on to say that the
City has ordinances to require private land owners to take care
of their property, but the City doesn't seem to enhance public
property. Manning said F & J spent lots of money to put in
landscaping on N. Colony Blvd, west of 423; 78 trees, and 27 are
dead now; probably due to lack of proper irrigation. Dr. Manning
said the City needs a master plan regarding beautification.
3. MAYORAL PROCLAMATION DECLARING JAYCEES FAMILY WEEK
Mayor Amick read the proclamation as follows in it's
entirety.
WHEREAS, The Colony Jaycees have been a vital part of the
development of young leaders for our community for the past
eleven years; and
WHEREAS, The Colony Jaycees is the oldest community service
civic organization in the community; and
0 0 3 '!.. 4 a
WHEREAS, this organization of young people has involved the
entire family unit as it contributed to the betterment of this
community through its involvement in such programs as Dave Cowan
Memorial Park, Calls from Santa, numerous charity fund raisings,
and the Candidates Night; and
WHEREAS, the United States Jaycees and its affiliated state
and local organizations have set aside the Thanksgiving week in
November to recognize the Jaycee family unit;
THEREFORE, I, Don Amick, Mayor of the City of The Colony, do
hereby proclaim the week of November 20 - 26, 1988, as
JAYCEE FANILYWEEK
and urge all citizens of our community to give full regard to the
past and continuing services of The Colony Jaycees and their
families.
SIGNED AND SEALED this fourteenth day of November, in the
Year of our Lord nineteen hundred and eight-eight.
(s)Don Amick, Mayor
ATTEST:
(s)Patti A. Hicks, City Secretary
John Frentress, President of the Jaycees accepted the
proclamation stating the Jaycees hoped all the families in The
Colony would set aside time to give thanks for blessings they
have received this year and thanked the Council for the
proclamation.
4. Mayor Amick said he would delay this item until someone
representing Ann's Haven Hopsice is present.
5. RECEIVE PRESENTATION FROM THE BEAUTIFICATION COMMITTEE
Kip Milliron stated that the committee, a joint effort of
the City of The Colony Public Works and Park and Rec, the Chamber
of Commerce and others, was established in 1983 to help beautify
the city. Mr. Milliron said the committee feels beautification
is a priority need in the City and stated the committee is asking
for monetary support from the City and for maintenance support
after the landscaping is done. Mr. Milliron displayed several
drawings of proposed signs to be installed at the entrances of
the city on Paige Rd. and FM 423 as well as on North and South
Colony Blvds. He said the entryway signs would be primarily of
millsap stone and would be approximately 12' wide by 8' high,
displaying the newly adopted city logo. He said the plants would
be native to Texas and once established would require little
maintenance, going on to say it would require about a year to
establish them.
Mr. Mil]iron said the existing sign on Paige Rd. would be
re-vamped using the millsap stone, noting that the organization
sign will be moved to the east side of Paige Rd. The signs North
and South Colony will be of the same stone and same type plants,
dwarf burford holly and dwarf youpon holly as well as seasonal
color. Mr. Milliron said the said the same plants will be used
throughout the city to give symmetry to the medians. Mr.
Milliron said this would give a very professional look to the
city.
Mayor Amick asked why mil]sap stone and not brick as the
existing sign on Paige is, going on to say that the brick was
used because the houses are all brick and it would be consistent
with the houses. Mr. Milliron said the millsap stone is less
expensive, but also said that landscaping themes change as to
interior design. Mr. Milliron said the stone is more appealing.
Mayor Amick said he hates to cover up the existing sign, because
someone had put a lot of work into that sign. Mr. Milliron
agreed stating that the sign is very well done and asked if the
same brick should be used on all the signs. Mayor Amick asked if
the stone could be used but just work it into the sign without
covering it completely. Mr. Milliron said that could be done.
Mayor Amick commended the committee on the idea of symmetry and
stated he liked the idea of having the signs as the ends of the
medians instead of every 30 feet, noting they are hard to work
around when it comes to maintenance. Mayor Amick did ask how the
sign on 423 will look since everything around it will be weeds,
noting there is no irrigation available at that location. The
Mayor said he is afraid it will have an oasis effect and will be
lost among the dead weeds. Mr. Milliron said he feels it needs
to be in that location, stating the city has to start sometime
and right now there is nothing in that spot. Mayor Amick agreed
stating he agrees with beautification but suggested that maybe it
should only be done where there is irrigation. Mr. Mil]iron
asked where the designated entrance to the city is, if it is 423
then it needs to be landscaped.
Councilman Glazener said if native plants are used,
requiring little maintenance, it should be done, and if trees are
needed, then plant them now not in 5 years. Councilman Glazener
said a standard needs to be decided on with regard to signs and
it should then be consistent throughout the city.
Mayor Amick said the question regarding a sign on 423 is not
whether it can be watered or not, he is sure the Public Works
Dept. can keep it watered, he just isn't sure the island look
will enhance the City. Mayor Amick went on to say he is not
opposed to a sign on 423, but thinks money would be better spent
to develop Paige, since it is irrigated, going on to say that
once businesses develop on 423, it will be irrigated and then we
can landscape.
Mr. Mil]iron said the committee chose to do 423 because they
feel it will help attract businesses. Councilman Marks said he
agreed with re-vamping the sign on Paige and said the City should
make plans to irrigate 423, suggesting we use the water from the
Water Building and moving the sign closer to that building. Mr.
Milliron said he feels strongly the sign should be placed on 423
and that moving it up closer to the building would be O.K.
Councilman Harris asked how the sign on Paige would be
changed. Mr. Mil]iron said the shape and size would stay the
same, but it would have a new look and would include the new
logo. Councilman Harris said the sign on 423 is a good idea and
particularly liked the idea of symmetry throughout the city.
Mr. Mil]iron said F & J had donated a large sum of money to
this project and while he was meeting with Bill Allen (F&J) they
discussed the existing Lakeway Estates sign on N. Colony. They
said if the sign cannot be saved, then it will be replaced with a
mirror image of the sign on the east side of 423.
Carol Chabinak-Bal], President of the Chamber of Commerce
said the Chamber has also donated a large sum of money but they
do stipulate that the City commit to maintenance of the
landscaping for 5 years. Councilman Marks asked how much money
the city would need to contribute. Mr. Mi]liron said to finish
the project the committee needs $1200 - $1500. Mr. Milliron said
the 1988 goal is the entry ways to the City, the 1989 goal is to
start an adopt a median program.
Mayor Amick directed the City Secretary to place a
resolution adopting the plan and monetary and maintenance
commitments on the November 21, 1988 agenda. Councilman Marks
said the resolution should include a requirement that the 423
sign should be located in front of the Water Dept. Building.
Mayor Amick said the resolution should not place restrictions,
but should adopt the plan and offer support.
8. CONSIDERATION OF APPROVAL OF FINAL PLAT FOR BRAUMS ICE CREAM
TO BE LOCATED AT THE INTERSECTION OF CHOWNING CIRCLE AND
F.M. 423
00314b
Councilman Harris moved to approve the final plat as
presented and Councilman Glazener seconded the motion. Bob van
Til said this is a re-plat of The Colony No. 31, stating the plat
meets all city requirements and that P & Z does recommend
approval. Mr. van Til said Braums has requested the City abandon
a portion of the alley behind Chowning to allow for the
construction of the store. Councilman Harris asked if the zoning
is being changed from Single Family to Shopping Center and Mr.
van Til advised the zoning is currently General Retail, but that
it had been platted Single Family. Mayor Amick noted that a
favorable vote for this item would also indicate a favorable vote
for item 7D.
Councilman Marks asked about the rest of the alley. Bob van
Til said egress will be allowed for residents and utility trucks.
Agnes Foster, P & Z said there were some questions from P & Z but
no objections. Councilman Harris asked when construction would
begin and a representative of the company said once the site plan
is approved they will move quickly to open the store. At this
time the motion carried with a unanimous roll call vote.
9. CONSIDERATION OF APPROVAL OF A FINAL PLAT FOR THE PEANUT
GALLERY DAY CARE CENTER TO BE LOCATED AT NORTH COLONY BLVD.,
BETWEEN MORNINGSTAR AND BLALOCK DRIVES
Councilman Harris moved to approve the final plat as
presented and Councilman Glazener seconded the motion. Mr. Bob
van Til stated the plat had gone before P & Z last week and they
did approve with some additions. Mr. van Til said the developer
has met those requests and P & Z does recommend approval.
Councilman Harris asked if any neighbors complained and Mr. van
Til said the center will be built before there are any neighbors.
At this time the motion carried with a unanimous roll call vote.
10. CONSIDERATION OF APPROVAL OF FINAL PLAT FOR THE CHURCH OF
JESUS CHRIST LATTER DAY SAINTS TO BE LOCATED AT THE
INTERSECTION OF KEYS AND ANDERSON DRIVES
Councilman Harris moved to approve the final plat as
presented and Councilman Marks seconded the motion. Mr. Bob van
Til reminded the Council that the site plan had been approved by
them several weeks ago and stated the plat does meet all
requirements and that P & Z does recommend approval. At this
time, with no further discussion, the motion carried with a
unanimous roll call vote.
6. RECEIVE PRESENTATION FROM PUBLIC WORKS REGARDING LANE
MARKING
Ken Leverich said that this project goes hand in hand with
the beautification plans, stating he agrees with the plan
presented earlier, noting that new grass is needed in the
medians. Mr. Leverich said lane markings are needed on Paige Rd.
and North and South Colony Blvds. He said an estimated $20,000
is needed to apply 16,109 buttons. Mr. Leverich said it would
take lots of time and money and would like the Council's
direction on this project.
Mayor Amick said he believes the most crucial location is on
N. Colony Blvd. west of 423 and in front of the middle school.
Mr. Leverich agreed stating that Paige is a divided 2 lane road
with a median, noting that N. Colony could have a yellow center
divider and white to divide the 2 lanes. Mr. Leverich said next
year he would like to see the city use plastic striping for the
streets.
There was a lengthy discussion regarding the method of
marking the streets and whether it should be done in house or
contracted. Mr. Leverich said the cost for contracting would be
a little less than twice the cost for in house work, noting the
cost for having one button installed is $1.04. There was also
some discussion regarding painting the streets and Mr. Leverich
said the paint wears off too quickly and is not cost effective.
Mr. Hall said that the streets would have to be sand blasted
before paint could be applied and the City does not have the
equipment to do that. Councilman Weaver suggested doing the most
important areas now and.the rest of the city later. Mayor Amick
agreed,, stating the most crucial areas need to be pinpointed.
After the discussion, Councilman Harris recommended
attacking N. Colony end to end, bringing back the costs, then if
there is money in the 1989/90 budget address the other areas.
Councilman Harris said he would like to see costs for all
alternatives. Mayor Amick agreed stating the following
alternatives; 100% buttoning, button/stripe combination, middle
stripe yellow and double button, dividing lane with plastic
striping or white buttons, on North Colony from Ethridge to
Morningstar Drive.
Bill Hall said with the development of Northpointe Phase II,
the City is checking into an ordinance that will require the
developer to stripe the streets.
4. MAYORAL PROCLAMATION DECLARING NATIONAL HOSPICE MONTH
There was still no one present to accept the above
proclamation and Mayor Amick asked the proclamation be read into
the minutes in it's entirety.
WHEREAS, hospice care has been demonstrated to be a
humanitarian way for terminally ill patients to approach the end
of their lives in relative comfort with appropriate, competent,
and compassionate care in an environment of personal
individuality and dignity; and
W~EREA$, the hospice concept advocates care of the patient
and family by attending to their physical, emotional, social and
spiritual needs; and
W~EREA$, hospice care is provided by an interdisciplinary
team of physicians, registered nurses, home health aides, social
workers, pharmacists psychological and spiritual counselors, and
community volunteers trained in the hospice concept of care; and
WHEREAS, hospice care is proving to be an effective and
economical alternative to unnecessary institutionalization for
many terminally ill people; and
W~EREA$, hospice care is rapidly becoming a full partner in
the nation's health care delivery system; and
W~EP. EA$, the enactment of a hospice benefit under Medicare,
which became effective November 1, 1983 makes it possible for
many more elderly americans to have the opportunity to elect to
receive hospice care; and
WHEREAS, there remains a great need to increase public
awareness of the benefit of hospice care; and
WHEREAS, The Colony is fortunate to have had this special
kind of care available to our terminally ill citizens and their
families since 1978 through the services of Ann;s haven Hospice;
and
WI~EREA$, Ann's Haven Hospice has become internationally
known as a leader in the hospice approach to meeting the needs of
the terminally ill; and
WHEREAS, Ann's Haven Hospice is a respected member of the
medical community and health care delivery system in our City;;
and
WHEREAS, Ann's Haven Hospice and the National Hospice
Organization are celebrating ten years of hospice service:
003'!4
NOW, THEREFORE, I, Don Amick, Mayor of the City of The
Colony, Texas do hereby officially recognize November 1988 as
NATIONAL HOSPICE MONTH and do hereby dall on all city agencies,
the medical community, churches and community organizations to
participate in encouraging recognition of an support for hospice
care as a humane response to the needs of terminally ill people
and their families, and as a viable component of the health care
delivery system in this City.
SIGNED AND SEALED this 14th of November , 1988.
(s)Don Amick, Mayor
The Colony, Texas
(s)Patti A. Hicks, City Secretary
7. CONSENT AGENDA
Mayor Amick summarized the items for the Council and
audience.
A. CONSIDERATION OF AN ORDINANCE ABOLISHING THE YOUTH
ADVISORY BOARD
Mayor Amick explained the restrictions for a board are too
harsh and the youth have expressed a desire to become a
committee. Council Marks moved to approve the Ordinance as
written and Councilman Harris seconded the motion which carried
with a unanimous roll call vote.
B. CONSIDERATION OF A RESOLUTION ESTABLISHING A YOUTH
ADVISORY COMMITTEE
Councilman Marks moved to approve the Resolution as written
and Councilman Harris seconded the motion which carried with a
unanimous roll call vote.
C. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9,
SECTION 19B0 BY CREATING THE OFFICE OF FIRE MARSHAL
Councilman Marks moved to approve the Ordinance as written
and Councilman Harris seconded the motion which carried with a
unanimous roll call vote.
D. CONSIDERATION OF AN ORDINANCE ABANDONING A FIFTEEN FOOT
(15') WIDE ALLEY RIGHT-OF-WAY AT THE INTERSECTION OF
CHOWNING CIRCLE AND F.M. 423
Councilman Marks moved to approve the Ordinance as written
and Councilman Harris seconded the motion which carried with a
unanimous roll call vote.
E. CONSIDERATION OF ACCEPTANCE OF A LETTER OF RESIGNATION
FROM CATHY BOCK FROM THE PLANNING AND ZONING COMMISSION
Councilman Marks moved to accept the letter and Councilman
Harris seconded the motion which carried with a unanimous roll
call vote.
11. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A-ZONING BY
AMENDING SECTION 10 RELATING TO THE USE OF LAND AND
BUILDINGS BY ADDING A NEW SUBSECTION 10-2200 RELATING TO THE
SALE OF ALCOHOLIC BEVERAGES
Councilman Glazener moved to approve the Ordinance as
written and Councilman Marks seconded the motion. Councilman
Marks said he did have one last question he wanted to be sure
about. Councilman Marks said he understands that according to
the SUP Ordinance a one year limit was to be set up and that he
was under the impression it would be in this particular
ordinance, but someone had said that it is already addressed in
the SUP Ordinance. Mayor Amick said this ordinance tonight
defines the parameters for zoning and the SUP will define time
tables. Councilman Marks said he wants to be sure that when we
(this Council) are not here someone else doesn't start
restricting the sale of businesses. He (Marks) went on to say
that the point made at the last discussion was if someone goes
out of business, how long will the SUP last before he can sell.
Mayor Amick said that has to do with awarding of the SUP and has
nothing to do with this ordinance, this ordinances defines.
Councilman Marks asked "If a guy is trying to sell, and a church
moves in next door, he won't be able to sell, can a church move
in during that transition period?" Mayor Amick said a church can
move in any place, any time. Councilman Marks said when the
person sells, the SUP is no longer valid, and the new owner has
to apply for a new SUP. Councilman Harris noted the Council said
if a new owner moves in within a year, the zoning will be
allowed. Councilman Marks asked where it says that. Mayor Amick
said it has to be defined in the SUP's. Councilman Marks said as
long as we define it, it's O.K., we have to protect the business
man, if we don't we may have to start limiting churches and
nobody wants to do that. Mayor Amick said you can't do that.
Councilman Marks restated, just as long as the businesses are
protected. Mayor Amick said they are protected under the laws of
the SUP. Councilman Marks said we need to make sure it's in the
SUP. The City Secretary said each case is individual. Mayor
Amick agreed, stating the purpose of the SUP is to address each
case individually. Councilman Weaver agreed with Councilman
Marks stating in a previous discussion we (Council) stated
businesses would be given one year, and asked where it is
(written). Bill Hall said it is not a part of this ordinance and
Councilman Weaver asked again, where it is located. Mayor Amick
stated this ordinance is not the appropriate place for the time
limit, going on to say it should be done through the SUP process.
Councilman Weaver stated the City Secretary says each case is
addressed separately, therefore we don't have the time limit.
Mayor Amick said that is correct, when someone comes before this
City Council we will make a decision on that SUP application.
The Mayor went on, ten years from now that sitting Council will
make the decisions on SUP applications, noting all we are
defining is zoning and where things can be placed in proximity to
businesses selling alcohol.
Councilman Marks asked, if ! have a liquor store, and a
church moves in next door, then ! decide to sell, the day I sell,
my SUP is void and the new owner can't get one because of the
church. Mayor Amick said if it's less than a year the new owner
is protected. Councilman Marks asked how he knows that and the
Mayor said it is set out in the SUP ordinance. Councilman Weaver
said again, it is not written anywhere. Councilman Marks said,
"My concern is to protect the businesses and all the Council
agreed on a one year time limit, ! was under the impression it
would be in this ordinance describing the time limit."
Mayor Amick said once property is zoned, it is zoned for
that use until Council goes back and changes the zoning through
the proper zoning procedures. Councilman Marks said he is aware
of that, but asked what if there's a whole new Council here and
they don't agree with what we do and they aren't interested in
protecting the businesses, they won't get any protection.
Councilman Harris agreed. Mayor Amick said we need to go back
and amend the SUP Ordinance to reflect the time limit, stating
again this is not the proper ordinance in which to place it (the
time limit). Councilman Marks said he was under the impressions
it would be in Section 3 and read the section as written, going
on to say that if he is to approve this ordinance tonight he has
to know that we are going to amend the SUP ordinance.
Councilman Glazener said Section 3 grandfathers existing
businesses and thereby protects those Councilman Marks is
concerned about. Councilman Marks said if a church opens next
to Billy's Liquor, when Billy wants to sell, he can't.
Councilman Glazener said this ordinance doesn't effect Billy's.
Councilman Harris agreed, stating this ordinance grandfathers all
existing businesses up to this point. Councilman Marks said so
another liquor store could come in place of Billy's. Councilman
Harris said yes, many times over, but a new liquor store could
not be built on the other side of the church. Councilman Marks
said so this ordinance protects existing businesses but not new
ones. Bill Hall said yes, even if we don't pass this ordinance
tonight, the SUP process will continue and time limits can be
addressed then.
Councilman Weaver asked if this ordinance could be passed
with the stipulation that the SUP ordinance will be changed per
agreement of the City Council. Bill Hall said that could be done
or the Council could direct the staff that they want it done.
Mayor Amick said the proper way to do this is a motion to approve
this ordinance and at the same time direct the City Manager to
bring back the SUP ordinance with an amendment to establish the
one year protection. Councilman Marks said this is needed
especially in these particular economic times, noting it is not
easy to turn a business around. Councilman Marks then moved to
adopt the ordinance as presented and to direct staff to bring the
SUP Ordinance before Council with an amendment stating the SUP
stays in effect one year after the business closes. Mr. Hall
clarified, the zoning stays in place one year prior to re-zoning
of the property. Councilman Marks asked if the zoning or the SUP
stays in place. Bill Hall said the SUP is the zoning.
Councilman Glazener called for the question. Mayor Amick
said do we have a motion. Councilman Weaver said yes, I'll make
the motion and Councilman Marks seconded. Councilman Glazener
said he agreed to the amendment, but reminded Council that there
was already a motion on the floor to approve the ordinance and a
second. Mayor Amick said that is correct and stated this is an
amendment to the motion. Mayor Amick asked if there is a motion
to amend the existing motion. Councilman Weaver and Councilman
Marks both responded yes.
Councilman Harris then said he was confused about Section
10-2205, noting that we have now added a definition for a
restaurant and asked if we are now restricting restaurant
locations. Councilman Harris went on to say that all along
Council had talked about restricting bars, taverns and lounges
but not restaurants, stating he feels section 10-2205 does not
allow restaurants either. Bill Hall stated the definitions
differentiate between the two. Councilman Harris agreed, but
said 2205 doesn't designate "primary sales" and went on to say
that he understands the intent but that he does not see it in the
ordinance. There followed a discussion regarding adding the word
primary to section 2205 and 109. Councilman Marks said we have
defined bar, lounge, tavern and restaurant and no where does the
ordinance restrict restaurants as it does bars, lounges or
taverns. Mayor Amick said we are not restricting restaurants but
Councilman Harris stated that 2205 does include restaurants.
After lengthy discussion, Councilman Marks suggested adding the
wording "excluding restaurants" to section 2205. Mayor Amick
said if the Council is not comfortable then they can vote down
the ordinance and then table it. Councilman Harris said he has
no problem with adding the wording as Councilman Marks suggested
and proceeded to begin a motion to that effect.
Mayor Amick said there is a motion on the floor and an
amendment to that motion, and we can address another amendment
to that motion. Councilman Harris said let's take care of this
amendment. Mayor Amick asked the City Secretary for the first
amendment and she said she only has the original motion and this
last amendment. Mayor Amick clarified, the first amendment was
to direct the City Manager to bring back the SUP ordinance with
the one year time limit. Mayor Amick went on to say we can vote
on the first amendment. Councilman Marks said he thought we had
to vote on the motion first. Mayor Amick said no, there is a
motion on the floor and an amendment to that motion and the
proper procedure is to act on the amendment then back down to the
O08j .oo
motion as amended. The City Secretary asked for clarification.
Mayor Amick said when the discussion opened, the motion was made
to approve the ordinance, then there was motion to amend
regarding the one year time limit. The Mayor called for the vote
on the first amendment. The motion to amend the original motion
to include the direction to the City Manager to bring back an
amendment to the SUP ordinance establishing a one year time limit
carried with a unanimous roll call vote.
Mayor Amick then said there is now a motion on the floor
that has been amended and we can now amend that motion one more
time. Councilman Harris moved to amend the amotion as amended by
adding the words "excluding restaurants" to Section 1-220-5 to
read as follows: "It shall be unlawful for any person who is
engaged in the business of selling alcoholic beverages, excluding
restaurants, to sell alcoholic beverages within 300 feet of any
church, public school or public hospital." Councilman Marks
seconded the motion. Mayor Amick reminded the Council, at this
time, you are voting on the amended motion. The amended motion
carried with a unanimous roll call vote.
Mayor Amick said the entire motion has carried at this
point.
12. CITY MANAGER'S REPORT
Bill Hall advised the Council that the City of Eastvale suit
regarding the sale of the Hawks property on 423 is still on-
going, noting the Public sale is now scheduled for December 5.
Mr. Hall said there is still a business person interested in
purchasing the property but due to the litigation, she has asked
for assurance from the City Council that the funds will be held
in escrow until the suit is final so she's doesn't lose her
money. Mr. Hall said he is interested in putting in a computer
store. Councilman Harris asked how long we are supposed to hold
the funds and Mr. Hall said the City can establish a time and he
suggested 4 months. All Council agreed.
Mr. Hall then said the re-addressing of homes in Eastvale
for the E 9-1-1 projects is 85% complete according to Ken
Leverich.
At this time, Mr. Hall addressed the 121 widening project,
stating that the Highway Dept. presented the various cities with
their cost factor and that The Colony's share is $50,000.00. Mr.
Hall said staff does not agree since we have spent $150,000 to
$200,000 on the project already toward acquiring right of way.
Mayor Amick directed the City Secretary to post the Special
Session for November 21 and to add a resolution regarding the
Beautification plan to the agenda along with the Public Hearing.
With no further business to discuss Councilman Harris moved
to adjourn the meeting and Councilman Glazener seconded the
motion which carried with all members voting Aye.
Mayor Amick adjourned the meeting at 9:55 p.m.
APPROVED:
Don ~mick, M~y6~'
ATTEST:
icks, City Secretary