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HomeMy WebLinkAbout01/09/1989 City Council 0035! 6 P MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 9, 1989 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 9th day of January, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Johnny Spears, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with six 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 Don Chavez, 5141 Ra~an, addressed the Council regarding his opposition to the proposed increase in cost for E 9-1-1 service, stating it is not the $2.00-$3.00 added to the phone bill, but the principal to which he is opposed. Mr. Chavez said The Colony had been promised a PSAP and now is not going to get it, asking the Council if it is feasible for the City to purchase their own 9-1-1 system. Rick Harris, Councilman Place~ , addressed the Council and audience, stating the City had received new proposed rates on EAS and they were lower than previously proposed rates, going on to say our case is looking more favorable. Councilman Harris also said that the Wynnewood golf Course is moving ahead, stating the City had received a positive response back from the Corps and that Mr. Dick Watson (course developer) said it is possible golf will be played in 1989 in The Colony. 3. PRESENTATION TO CATHY BOCK Mayor Amick read a plaque which thanked Ms. Bock for her time and talent given to the City while serving on the Planning and Zoning Commission from 1986 to 1988. Ms. Bock accepted the plaque and thanked the Council. 4. RECEIVE CABLE T.V. PRESENTATION Mayor Amick stated there was no one present representing the Cable T.V. company therefore there would be no presentation. 5. PUBLIC HEARING ON APPLICATION OF DUCK Y AHN DBA AS FRIENDLY SPIRITS, TO HAVE PROPERTY PRESENTLY ZONED AS SHOPPING CENTER CHANGED TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION: 6805 MAIN ST., SUITE 100 Councilman Spears moved to open the Public Hearing and Councilman Glazener seconded the motion which carried with all members voting Aye. Councilman Harris noted this is merely a change in ownership. Councilman Spears moved to close the Public Hearing and Councilman Weaver seconded the motion which carried with all members voting Aye. 6. PUBLIC HEARING ON APPLICATION OF DUCK Y AHN DBA THE COLONY BOTTLE SHOP, TO HAVE PROPERTY PRESENTLY ZONED AS SHOPPING CENTER CHANGED TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION: 5201 S. COLONY BLVD., SUITE 760 Councilman Spears moved to open the Public Hearing and Councilman Weaver seconded the motion which carried with all members voting Aye. Councilman Harris asked if this is also a change in name only and Mr. Hall stated it is. Councilman Spears moved to close the Public Hearing and Councilman Marks seconded the motion which carried with all members voting Aye. 7. PUBLIC HEARING ON APPLICATION OF CHUNG JEN SHYUNG AND ANH KIM SHYUNG DBA GOLDEN GATE RESTAURANT, TO HAVE PROPERTY PRESENTLY ZONED AS SHOPPING CENTER CHANGED TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF BEER AND WINE FOR ON-PREMISE CONSUMPTION: 5000 FM 423, SUITE 322 Councilman Spears moved to open the Public Hearing and Councilman Marks seconded the motion which carried with all members voting Aye. Mayor Amick asked if this also is a change in ownership, and Mr. Hall said it is not, noting the owners are not new but the SUP is new. Don Chavez asked if the beer and wine will be served in a separate location from the family dining area. Mayor Amick said this is not a bar and there is no separate bar area, noting the beer and wine will only be served with a meal. Councilman Spears moved to close the Public Hearing and Councilman Marks seconded the motion which carried with all members voting Aye. 8. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF FIVE (5) POLICE MOTOR VEHICLES Mayor Amick stated that the recommendation from Chief Ristagno is to award the bid to Ted Arendale Ford. Councilman Harris moved to accept the bids and award the bid to Ted Arendale Ford in the amount of $68,370.00 and Councilman Spears seconded the motion. Councilman Weaver asked what will happen to the old police cars which are being replaced with these new ones, stating that currently the city has 32 cars and 25 trucks. Mr. Hall said they will be taken out of service in the police department and put in other departments for staff use. Mr. Hall went on to say that those not in good enough condition to be driven will be sold at auction. Councilman Weaver said he thinks this overall project is excellent. The motion then carried with a unanimous roll call vote. 9. CONSENT AGENDA Mayor Amick summarized the items on the Consent Agenda for the audience and Council. A. CONSIDERATION OF THE APPROVAL OF THE MINUTES FOR THE COUNCIL MEETINGS HELD ON DECEMBER 5 AND 12, 1988. Mayor Amick abstained on the 5th minutes and Councilmen Glazener and Spears abstained on the 12th minutes. Councilman Harris moved to approve the minutes as written and Councilman Spears seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT ON THE BELOW DESCRIBED PROPERTY FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION 6805 MAIN ST., SUITE 100 There was no discussion and Councilman Harris moved to approve the ordinance as written and Councilman Spears seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT ON THE BELOW DESCRIBED PROPERTY FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR OFF-PREMISE CONSUMPTION 5201 S. COLONY BLVD., SUITE 760 There was no discussion and Councilman Harris moved to approve the ordinance as written and Councilman Spears seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AUTHORIZING A CONTRACT FOR THE PURCHASE OF FIVE (5) POLICE MOTOR VEHICLES Councilman Harris asked how this compares with the budgeted amount and Mr. James England stated that there had been 62,500 budgeted, noting that all the capital expenditures will be financed at one time. Councilman Harris moved to approve the ordinance as written and Councilman Spears seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES REGULATING SPAS Councilman Harris moved to approve the ordinance as written and Councilman Spears seconded the motion which carried with a unanimous roll call vote. F. CONSIDERATION OF RATIFICATION OF AN AGREEMENT WITH INTERNATIONAL BUSINESS MACHINES, INC. REGARDING TAXES Councilman Marks asked about this agreement and Mr. Hall said this is an agreement the City has maintained with IBM for the past two years, however this year Joe Geraty is retiring and the agreement needed to be signed before the end of December. Mr. Hall said Mayor Amick went ahead and signed the agreement before the end of the year, but due to the holidays there was no Council meeting to approve it, so now it needs to be ratified by Council action. Mayor Amick said we have had this type agreement for the past four years. Councilman Harris moved to approve the ratification of this agreement and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 10. REVIEW OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT ON THE BELOW DESCRIBED PROPERTY FOR THE SALE OF BEER AND WINE FOR ON- PREMISE CONSUMPTION 5000 FM 423, SUITE 322 Mayor Amick said this on for review only due the Council Resolution which says ordinances will be read twice. Councilman Marks said he thought this would be approved tonight, stating these people have been waiting a long time. Mayor Amick said if the majority of the Council desires to pass the ordinance tonight it may be done. Councilman Marks moved to adopt the ordinance granting a specific use permit at the Golden Gate Restaurant for the sale of beer and wine for on-premise consumption as written and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 11. CONSIDERATION OF EXTENSION OF AN AGREEMENT WITH COLLIN COUNTY FOR STATE HIGHWAY 121 CONSULTANTS There was no discussion and Councilman Harris moved to approve the extension as recommended and Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 12. CONSIDERATION OF A PROPOSAL REGARDING THE INSTALLATION OF TRAFFIC BUTTONS Mr. Hall said the proposal allows for lane marking of yellow double stripes down the middle and white reflecting buttons to divide the single lanes from Morningstar to Ethridge Drives along N. Colony Blvd. and requested approval of an amount not to exceed $30,000 for this project, stating with Council approval the City will go out for bids. Mayor Amick said on Plano Parkway there is a button between each stripe and asked if that would be cheaper. Mr. Hall said on a new street it would, but because of the preparation necessary to stripe a street, the cost to do that on N. Colony would be too costly. Mayor Amick asked how the Council felt about getting three proposals from staff; (1) as presented tonight, (2) as Plano Parkway is marked, and (3) using vinyl striping. Mr. Hall strongly recommended against painting, due to the maintenance required just keep the school crossings marked each year. Mayor Amick said that may be true but he would like to see the costs on all 3 methods. Councilman Harris said he recalls there is a warranty on buttons and said the proposals for painting should include the cost of re-painting for the time period for which the buttons are guaranteed. Councilman Glazener said we need to determine what we want to do before we go out to bid or will there be 3 types of specs. Mr. Hall said no, first Request for Proposals will be sent and then after all the questions are answered, we will go out for bids. Councilman Marks said he thought we were not going to address marking the single lanes, stating he does not believe there is a major problem without striping on N. Colony, going on to say that he hears more complaints regarding Animal Control and suggested just striping the center of N. Colony and using the rest of the money to buy another Animal Control truck. Mayor Amick said he hears more complaints about the striping of the streets than anything right now, and believes the City has reached a point where we can afford to stripe them and it should be done. Mr. Ken Wood said from his vantage point (5000 N. Colony) there is a definite problem and he believes traffic would flow better if the street were properly marked. Mayor Amick said this issue needs to be addressed before it becomes a crisis situation. Councilman Marks said once a center line is put down, people will make their own lanes, noting there doesn't seem to be a problem on Paige Rd. Mayor Amick said that at first N. Colony,S. Colony and Paige were to be marked, but it was realized the cost would be too high and it was determined that N. Colony was most crucial. Ken Wood stated that the reflective paint on the curbs of Paige Rd. could use a re-do. Mayor Amick directed Tommy Turner to see that project is done. 13. CONSIDERATION OF BIDS ON FIRE STATION NUMBER ONE CONSTRUCTION Mr. Hall stated that due to a communication problem between the architects and the city there were no bids to be considered and that we would have to re-advertise. Councilman Harris moved to re-advertise for bids on Fire Station Number One, and Councilman Spears seconded the motion which carried with a unanimous roll call vote. 14. CONSIDERATION OF A RESOLUTION SUPPORTING LEGISLATION TO CREATE A REGIONAL WATER AND WASTEWATER SYSTEM FOR DENTON COUNTY Councilman Weaver said this resolution has no real effect on the Colony money-wise, but it states that we agree with the need for a regional water system in the County and support the legislation to create one. Councilman Weaver moved to approve the resolution as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 16. REVIEW AND CONSIDERATION OF A RESOLUTION DECLARING THAT THE CITY OF THE COLONY, TEXAS ELECTS TO BECOME ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT Councilman Weaver said this is what the Council had addressed several months ago and that it has been studied for awhile as well as reviewed by City attorneys. The Councilman said this gives the city a tool if we want to use it to benefit developers interested in coming to our city. Councilman Weaver said he had spoken to Judge Vic Burgess regarding this and that the County supports tax abatement. Councilman Weaver then said he feels it is important to have this tool, noting there is no tax abatement on property only on the buildings. Councilman Marks asked if this is approved, does the school district and the county have to agree. Councilman Weaver said no but it would be helpful. Mayor Amick asked if the committee had discussed this issue with the school district and the county, noting the attorney's letter does reference this. Councilman Marks said the committee felt they could approach the school and the county after the City passed this resolution. Mayor Amick said that if the resolution is adopted, the city does not have to use it. Councilman Glazener said no that each case is taken individually. Mayor Amick asked what this would do for the City. Councilman Weaver said it gives the City the opportunity to talk to companies interested in our City regarding tax abatement. Councilman Harris suggested acting on this item at the next regular council meeting and have the committee give a report. Councilman Glazener said the committee is attempting to give a report tonight, noting that the committee is in agreement and that this document does not commit the city to anything. After a brief discussion the Mayor directed this item be brought to Council on January 16 for action and called for a motion. Councilman Glazener moved to approve the resolution as written and Councilman Weaver seconded the motion. The following vote was taken: Harris - No, Spears - No, Glazener - Aye, Weaver - Aye, Marks- Aye. Mayor Amick declined to vote, as his vote would have created a tie and then declared the resolution to have passed. 17. REVIEW AND CONSIDERATION OF A RESOLUTION ADOPTING A COMPREHENSIVE POLICY STATEMENT FOR ECONOMIC DEVELOPMENT INCENTIVES Mr. Hall said this is in regard to tax abatement also, noting this policy is how economic development incentives will be determined, which were approved as a possibility by Council approval on Item No. 16 of this agenda. Mayor Amick asked if the attorneys had approved this and Councilman Weaver said they did, noting this had come from the cities of Plano and Frisco originally. Councilman Weaver moved to adopt the resolution as written and Councilman Marks seconded the motion, which carried with a unanimous roll call vote. 15. CITY MANAGER'S REPORT Mr. Hall said that all the projects proposed by the Beautification Committee are either complete or underway with the exception of the sign on FM 423, which has to wait for State Highway Department approval. Mr. Hall said that approval had been received, but the State will not allow the words "The Colony Chamber of Commerce Welcomes You" on the sign. Mayor Amick asked if that could be placed on the sign on Paige and directed the City Manager to have the committee to bring a proposal to that effect to the Council. 18. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. VACANCY - CITY COUNCIL PLACE 3 Upon reconvening in open session the Council addressed the following: 19. CONSIDERATION OF APPROPRIATE ACTION RESULTING FROM THE CLOSED DOOR SESSION Mayor Amick opened the floor for nominations for Council Place 3. Councilman Spears nominated Noretta Sipe, Councilman Weaver nominated Norman Adeler, Councilman Marks nominated Dewayne Snider and Councilman Harris nominated Byron Knepp. At this time, Councilman Harris called for a paper ballot. Paper ballots were cast and counted by the City Secretary with the fo]lowing results: Noretta Sipe 3 Norman Adeler 1 Dewayne Snider 2 Mayor Amick asked if anyone wished to call for another vote. Councilman Harris moved that Ms. Sipe be appointed to Council Place 3 by acclamation and Councilman Spears seconded the motion which carried with a unanimous roll call vote. Mayor Amick directed the City Secretary to notify Ms. Sipe of her appointment and that she would be sworn in on January 16, 1989. With no further business to address, Councilman Spears moved to adjourn and Councilman Marks seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:18 p.m. APPROVED: Don A~ick, Mayor ATTEST: Patti A. Hicks, City Secretary [SEAL]