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HomeMy WebLinkAbout03/06/1989 City Council 00321 MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 6, 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 6th day of March, 1989 at City Hall with the following Council roll call: Don Amick, Mayor Present Rick Harris, Mayor Pro-tem Present Johnny Spears, Councilman Present Noretta Sipe, Councilman Present Steve Glazener, Councilman Present Dick Weaver, Councilman Present Joel Marks, Councilman Present and with seven 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 No one signed up to speak during Citizen Input at this meeting. 3. PUBLIC HEARING ON APPLICATION OF ANGELINA VALEZ DBA ANGELINA'S RESTAURANT, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO CHANGE THE ZONING ON PROPERTY LISTED BELOW, PRESENTLY ZONED AS SHOPPING CENTER, TO A SPECIFIC USE PERMIT CLASSIFICATION FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON- PREMISE CONSUMPTION: 4750 S. COLONY BLVD., SUITE 116 Councilman Spears moved to open the public hearing and Council Glazener seconded the motion which carried with all members voting Aye. Councilman Harris asked if this S.U.P is to allow the sale of alcohol in the expansion of Angelina's restaurant. Mr. Bill Darling, representing Angelina Valez due to her illness, responded stating that is correct, noting there would not be a bar, but an expansion of the family restaurant, noting however there may be a waiting area bar for people to wait to be seated for dining. Mr. Darling said the main objective is to increase the seating capacity for dining, and stated this will increase the kitchen two-fold, and will enable the restaurant to serve special group luncheons, etc. Mr. Bob Doss, 4172 Malone, V. Chairman, P & Z, asked if the restaurant will have only one suite number. Mr. Darling said yes, the suite number will be 116. Councilman Spears moved to close the public hearing and Councilman Weaver seconded the motion which carried with all members voting Aye. 4. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A TRACTOR/MOWER FOR PUBLIC WORKS Bill Hall said after reviewing the bids received with Tommy Turner and Ken Leverich, the staff recommendation is to award the bid to Wise County Equipment for the purchase of one I.H. Case 585 tractor and one Bush Hog model 2615 mower at a cost of $19,576.90. Councilman Marks said that is not the same recommendation as when these bids were brought to Council the first time. Mr. Turner said that through more careful review it was determined the original recommendation to award to Massey- Ferguson was not the best bid due to a 90 day delivery time. Mr. Turner said the Wise County bid is the best over-all and the delivery time is 30 days. There was a brief discussion regarding the type of equipment the City already has on hand and the o availability of parts for the Case. Councilman Marks said the Kubota tractor could be delivered in two weeks, but Mr. Turner noted the Kubota only met the minimum specs and is not as heavy duty as the City needs. Mr. Turner went on to say the City has Case, John Deere, and Ford equipment at the present time. Councilman Spears moved to accept the bids and award the bid to Wise County Equipment Co. in the amount of $19,576.90. Councilman Weaver seconded the motion which carried with a unanimous roll call vote. 5. CONSENT AGENDA Mayor Amick summarized the items for the audience and council. A. CONSIDERATION OF APPROVAL OF MINUTES FOR THE COUNCIL MEETINGS HELD FEBRUARY 13, and 20, 1989 Councilman Spears moved to approve the minutes as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF LIQUOR, INCLUDING BEER AND WINE FOR ON-PREMISE CONSUMPTION AT THE FOLLOWING LOCATION: 4750 S. COLONY BLVD., SUITE 116 Councilman Spears moved to approve the ordinance as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote. C. CONSIDERATION OF NAMING A NEW STREET IN THE COLONY NO. 28 WALDEN COURT Councilman Spears moved to approve the naming of the street as presented and Councilman Marks seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AUTHORIZING A CONTRACT FOR THE PURCHASE OF A TRACTOR/MOWER FOR PUBLIC WORKS Councilman Spears moved to approve the ordinance as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote. E. CONSIDERATION OF APPROVAL OF AN IDENTIFICATION CARD SYSTEM AT THE RECREATION CENTER Councilman Harris asked if it is possible to use the computerized identification system at the Library in conjunction with this system at the Rec Center. Mr. Hall said perhaps in the future, but noted a special reading system is in place at the Library that reads the bar code on Library cards. Councilman Harris stated the same type readers could be placed at the Rec Center and the Pool. Mr. Hall said he would check into that. Councilman Harris moved to approve the system as presented and Councilman Spears seconded the motion which carried with a unanimous roll call vote. -- 6. CONSIDERATION OF ACCEPTANCE OF MUNICIPAL AUDIT FY ENDING SEPTEMBER 30, 1988 Mr. James England, Finance Director introduced Cheryl Hartfield and George Scott from Deloitte, Haskins and Sells Auditing firm and then proceeded to cover details of the September 30, 1988 Audit. Mr. England stated that at the beginning of the year there was a 3% contingency in the amount of $110,000.00 and by the end of the year that amount was $203,000.00, noting that was very good for such a tight budget. Mr. England went on to cover the general fund and utility fund as well as the special revenue fund set up for Stewart Creek Park. Mr. Scott said the firm had studied and evaluated the city's system of internal accounting control and stated there were no material weaknesses in the system, noting however, there are some points mentioned in the management letter that should be addressed. Mr. England then covered the points in the management letter with Council. There was a lengthy discussion regarding tax collection and Mayor Amick asked for a report each month regarding those figures. Mr. England noted that there are some problems in Municipal Court that should be addressed, and stated that those are being worked on. Mr. Hall said currently there is an excessive number of outstanding warrants but due to some changes in the police department that number is being decreased. Mr. Hall went on to say that a few months ago, Mr. Bob van Til did spend a week in Court to determine ways to streamline the operations and many changes have been implemented which should alleviate the problems outlined in the management letter. At this time, Mr. England reviewed the problem of a loss in the Water and Sewer Fund, noting the auditors suggested hiring an outside consultant to study the problem and determine some possible solutions. There was lengthy discussion regarding ways to remedy this problem and to improve operations. Mr. England said the consolidation of the utility district funds and the general funds has not been entirely accomplished and the auditors felt this should be done, however Mr. England said they have been kept separate in order not to distort revenues drastically. At this point, Mr. Scott addressed the Benefit Plan Compliance, stating this had been placed in the letter merely to inform the Council of the new law, Section 89 of the IRS Code, and suggested a yearly review of benefits to ensure compliance. Mayor Amick at this time, stated that he would appoint a committee to study the possibility of hiring an outside consultant to look into the problems in the water and sewer fund. Councilman Marks volunteered and Mayor Amick said he would appoint two more members later. Councilman Harris then moved to approve the audit as prepared by Deloitte, Haskins and Sells and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 7. CONSIDERATION AND REVIEW OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, ADOPTING STANDARDS FOR TRAFFIC LANE MARKING ON CITY STREETS Mr. Hall stated these standards, if adopted can be passed on to developers for their use in marking streets at the time of construction. Councilman Harris moved to approve the ordinance as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF APPROVAL OF A SITE PLAN FOR BRAUMS ICE CREAM STORE, INC. TO BE LOCATED ON THE SOUTHEAST CORNER OF CHOWNING CIR. AND MAIN STREET (F.M. 423) Mayor Amick said that P & Z had recommended denying approval of the Site Plan due to traffic considerations, noting that the Engineer for Braums had asked the Council to table this item, since they cannot have a representative here at this meeting. The Mayor said he had asked the City Manager to study the traffic problems along with the traffic engineer and the Chief of Police and they had done so with the following results: with adequate traffic control devices installed, this intersection would not be significantly impacted. It is recommended that a "NO U-TURN" sign be installed in the northbound lane to prevent traffic from exiting the Braum's site on FM 423 from turning southbound on FM 423. The present physical location of the median cut dictates that southbound traffic use the Chowning Drive entrance; a presently established pattern from FM 423. It was further noted that to further funnel southbound traffic from Chowning Drive, an extension of lane markers or "jiggle bars" could be installed at the median nose on FM 423. Mayor Amick said this development had been studied closely and that Centex had offered to close Chowning Drive on the west and open it at the east end onto Wagner, in an effort to please the residents on Chowning Drive, maintaining the residential area. The Mayor said the residents do not seem to be interested in any compromises, believing they will be able to sell their property at a retail value, going on to say that he sees no reason to deny the site plan if Braums meets the P & Z requirements. Councilman Harris suggested looking at the site plan tonight and if the Council has any questions, those could be forwarded to Braums for their attention before the next Council meeting. Mayor Amick called a brief recess for review of the site plan by Councilmembers. After the recess, Councilman Weaver moved to table the site plan until March 20, 1989 and Councilman Glazener seconded the motion which carried with a unanimous roll call vote. 9. CITY MANAGER'S REPORT 1. Golf Course - Councilman Harris and Mr. Hall have received information from Mr. Watson that he is waiting for documents to be signed and returned in order to begin work. 2. EAS - There has been good coverage in the paper and the case will be before the PUC in May. Our attorneys feel confident we will have good results. 3. Denton County Day in Austin - Mr. Hall and Councilman Weaver attended February 28 and met with legislators. There were 238 Denton County representatives. Mr. Weaver said a carafe was left as gifts for the law makers and he brought one to City Hall for use by the Council or staff. Councilman Weaver said the legislators he was to see had not been in their offices so he had written them letters. With no further business to address, Councilman Marks moved to adjourn the meeting and Councilman Harris seconded the motion which carried with all members voting Aye. Mayor Amick adjourned the meeting at 9:40 p.m. Before the Council left the chambers, Councilman Spears announced that he would not seek re-election in May. Mayor Amick said he hated to see the Councilman leave but understood. APPROVED: Don Am~k, Ma~~ ~ ATTEST: Patti A. Hicks, City Secretary [SEAL]