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HomeMy WebLinkAbout09/17/1990 City Council 0037 MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 17, 1990 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 l~t.h day of September, 1990 at Cit. y Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Steve Withers, Councilman Present. Mike Alianell, Councilman Arrived 7:45 Rob Burchard, Councilman Present. Lou Gomez, Councilman Present. Joel Marks, Councilman Present and with six present, a quorum was established and the following items were addressed: l. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT - None 3. PRESENTATION OF EMPLOYEE SERVICE AWARDS Mayor Manning presented service awards to t. he following employees: Martin Lopez, Water Department.- 10 years - a watch Pennie Jack, Court - 2 years - certificate Not present, were: Christ~ie Wilson, Police Department.- 5 years - keychain Ed Wellman, Fire Department.- 5 years - keychain Johnny (Leo) Lavender, Water Department - 2 years, certificate 4. CONSIDERATION OF APPROVAL OF WITHDRAWAL FROM UPPER TRINITY REGIONAL WATER AUTHORITY Mr. Hall gave a brief background sketch of the Upper Trinity Regional Wat. er Aut. hority (U.T.R.W.A.), stating that. init. ially The Colony was very int. erested because staff and Council though it might, be very beneficial. Mr. Hall went. on, the membership fee is approximately $9500.00 per year. For the past two years t. here have been negotiations wit. h U.T.R.W.A. regarding using t. he wastewater package treatment plant belonging t.o The Colony in exchange for one year's dues to t. he organization. Mr. Hall said the plant was to have been used in the town of Little Elm and the Council at that time, was receptive to the idea. Mr. Hall said 3 00376x he has not heard from anyone in the organization for about. 4 1/2 months and that he has felt. for some time and still feel that, membership in U,T,R.W,A, will not. benefit the City of The Colony, He said now it would cost us approximately $25,000 to become a member and that he and staff concur that would be money spent for nothing, Mr, Hall did say that even the town of Little Elm now feels there is no benefit, to them to belong either, Hall stated he did ask representatives of U.T.R.W.A. to be present, to night but they were unable to be here, noting he did receive a letter today from them asking The Colony to do something regarding membership soon. Mr. Hall said staff recommends withdrawal. 7:45 p.m. Councilman Alianell arrived Councilman Marks said he agrees, stating it is time to move on with our own plans for our own needs, and then moved to withdraw from the U.T.R.W.A. Councilman Withers seconded the motion which carried with all members voting Aye wit. h the exception of Councilman Alianell, who abstained. (Abstention due to his late arrival.) 5. PUBLIC HEARING ON APPLICATION OF FOOD LION, INC. FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS GENERAL RETAIL, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION~ A 4.27 ACRE SITE LOCATED AT THE NORTHEAST CORNER OF MAIN STREET (FM 423) AND NORTH COLONY BOULEVARD Councilman Marks moved to open the public hearing and Councilman Burchard seconded the motion which carried with all members voting Aye. Bob van Til, Staff Planner, advised the council this request had gone to P & Z on August 28, 1990 and the Commissioners have recommended approval. Mr. van Til said 27 notices were mailed to property owners, with only 5 being returned. Of the 5, Mr. van Til said 4 were against the zoning change. Councilman Marks asked where those 4 lived and their reasons and Mr. van Til stated 3 live on Chowning and 1 on Wagner. The reason cited were gang problems in adjacent centers, trash and too many establishments that sell alcohol. Leslie Shaw, 4713 Chowning Cir. said she is against the change because of gangs, stating they (residents) have reported the problems in the Oaks Village Center across the street, to the police and the police tell them they can't do anything about, it., saying there is no law against what they are doing. She went on to they don't want anymore gangs in their back yard and that. traffic will be a problem, just like it. would have been if Braums had come in, going on to say she is totally against this, 4 00376z Councilman Marks asked what she would like to see t. here and she advised anot. her house, asking why her life should be t~urned upside down for greed. Councilman Alianell asked for a definition of greed and Ms. Shaw said the city only cares about. money. Councilman Gomez said the council is trying t.o do the best for the many not just a few and t. hat t. his is good for t. he whole city. Jim Martin represent, lng Food Lion, Inc. said he owns the propert, y and the reason for requesting a S.U.P. for t. he sale of beer and wine is simply economic, not. ing that all the compet, itors sell beer and wine and in order for the store to compete, they need to offer t. he same t. hing. Councilman Gomez asked Mr. Mart. in if he would work wit. h the city to see that city ordinances are enforced as far as groups congregating in the parking lot., et.c. Mr. Martin said he would do anyt. hing he can. Councilman Lynch asked Mr. Martin if the company offered to buy t. he two homes on Chowning which are sitt. ing on property zoned commercial. Mr. Martin said he was not aware of the zoning and no offer had been made. Councilman Alianell moved t.o close t. he Public Hearing and Councilman Marks seconded t~he motion which carried with all members voting Aye. 6. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE SEPTEMBER 4 COUNCIL MEETING Councilman Alianell moved t,o approve t~he minut, es as written and Councilman Gomez seconded the motion which carried with a unanimous roil call vot~e. B. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCE OF THE CITY OF THE COLONY BY AMENDING APPENDIX A- ZONING BY GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION AT THE BELOW LOCATION: A 4.27 ACRE SITE LOCATED AT THE NORTHEAST CORNER OF MAIN STREET (FM 423) AND NORTH COLONY BOULEVARD Councilman Wit~hers pulled t~his item from Consent Agenda for discussion and stat. ed t. hat as a mater, er of routine he votes against all requests for S.U.P. for on or off premise consumpt, ion, which is no reflect, ion on t. he applicant.. Councilman Gomez moved t.o approve the ordinance as written and Councilman Alianell seconded t. he motion which carried with the following vote: Lynch - No, Withers - No, Alianell - Aye, Burchard - Aye, Gomez - Aye, Marks - Aye, Manning - Aye 00376 C. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES; AMENDING SECTION 10 BY ADDING ARTICLE VI RELATING TO SMOKING; REGULATING SMOKING IN CERTAIN PUBLIC PLACES IN THE CITY OF THE COLONY Councilman Burchard pulled this item for discussion, stating that he would like to see some changes: 1. strike the phrase on page 1, "only on complaint, basis". After a brief discussion all council agreed. 2. page 3-C 'and page 5 Bi, relating to allowing entire businesses t.o be designated a smoking area.. Councilman Burchard feels that something should be added to address the presence of minors. Mayor Manning suggested that most restaurants will not. allow smoking in the entire area. Councilman Burchard noted that. bars are exempt and what if someone takes their minor child in a bar, should they be subjected to smoke. There followed a lengthy discussion whether bars should be exempt from this ordinance and it. was agreed that since page 3 C does allow any business to designate it's entire area as smoking, then the exemption is not necessary. Ail agreed to delete the entire section B regarding exemptions to bars and tobacco shops. There was a discussion regarding the signs required and Councilman Lynch suggested that the Smoking Permitted should be changed to Smoking Permitted Throughout. the Premises. Ail agreed. Councilman Gomez moved to approve the ordinances with changes and Councilman Burchard seconded the motion which carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES; AMENDING CHAPTER 18, ARTICLE IV RELATING TO NEWSPAPER BOXES ON PUBLIC PROPERTY Councilman Marks pulled this item for discussion and asked if any boxes would be effected by this ordinance. Bill Hall advised there will be no changes, stating this allows boxes in residential areas and the fee amount has been removed from the ordinance, allowing the fee to be set by the City Manager on an annual basis. Councilman Gomez and Burchard suggested that the consent from the owner should be in writing and that it should be kept on file by the City. Both recommended that be added to the ordinance. Councilman Lynch asked about free papers, noting they are not addressed. Mr. Hall said that can be added and all agreed to both these changes. There was a brief discussion regarding Section 18-55a6 regarding additional fees if boxes are moved to another location. It was decided the sentence, "No additional fee shall be required to make changes to a current permit, under this subsection (a) (6).," should, be deleted. Councilman Gomez moved to approve the ordinance wit. h changes and Councilman Marks seconded the motion which carried with a unanimous roll call robe. 7. CONSIDERATION OF APPROVAL OF A SITE PLAN AS PRESENTED BY FOOD LION, INC. TO BE LOCATED AT THE NORTHEAST CORNER OF MAIN STREET (FM 423) AND NORTH COLONY BOULEVARD Bob van Til said that. staff has reviewed the plan and does recommend approval. Councilman Alianell asked if any other sites in the area have been reviewed and Mr. van Til advised they have not. Mr. Jim Martin, Food Lion representative said [here will be between 70 - 90 stores in the metroplex area. Councilman Gomez asked if Food Lion would consider doing some landscaping to enhance the property if the City will give them the alleyway along the edge of the property. Mr. Martin advised they would. Mayor Manning asked for assurances that the landscaping would be nice. Mr. Martin said they will do so but they do need some direction from the city. Mayor Manning said similar to Oaks Village would be acceptable and for him to work with Mr. van Til on this. Mr. Martin said he will do what represents the best in The Colony and they are happy to take the land, but. it. is not required and if the citizens want. it., that. would be fine too. Councilman Lynch asked 4 questions: 1. The concrete shows to allow more air than our survey recommends, will you upgrade from 3-6 to 4-6. Engineer agreed to do so. 2. Gate in screening wall? - yes if required 3. is 25' on Southeast corner wide enough for emergency vehicles? Yes it. is 4. Relocation of existing fence, who will relocate. Engineer said this is along the east side and the fences will be aligned at the expenses of Food Lion. Mr. Martin said he is not. sure the fences have to be moved, but if the residents want. them relocated then Food Lion will do $O. Councilman Withers asked about, drainage. Mr. Marshal, engineer said most of the water will drain to the east into a 27" pipe, and some will go onto 423, but that will be kept. at a minimum. He noted a detention area will be provided to hold the water for a time, so that. the 27" pipe can handle the volume. Councilman Gomez moved to approve the site plan as presented and Councilman Withers seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS FOR WORKER'S COMPENSATION INSURANCE Mr. James England said requests for proposals for worker's compensation insurance had been sent. out and only two responses were received. One from Gates and MacDonald, a self funded plan; and one from T.M.L. Mr. England explained that. T.M.L. is the only proposal that meets our needs, noting that they have given us a 2% discount this year over last year bringing the total contribution for 90/91 to $254,524. Mr. England stated that we had budgeted $260,000 for this item in the 90/91 budget. Mr. 7 00376 England then informed the council of some facts regarding T.M.L. recommended staying with them this year. Councilman Alianel 1 moved to approve the proposal as recommended and Councilman Burchard seconded the motion which carried with a unanimous roll call vote. 9. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR EMPLOYEE INSURANCE COVERAGE, AND APPROVAL OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SAME Bill Hall reminded the Council that. this is the second time we have gone out for bids on employee insurance coverage, noting that the first bids were rejected because the premiums were too high. Katherine Martinez stated that the proposals recommended are basically the same coverage as we have now, except they will have a $200.00 deductible rather than a $100.00 deductible, and that the premium will be a little lower. Ms. Martinez recommended awarding the bid for medical insurance to Life Insurance of Georgia and the Dental coverage to HRH. Councilman Gomez moved to award the bids as recommended and to approve the ordinance as written; Councilman Lynch seconded the motion which carried with a unanimous roil call vote. Bill Hall asked both companies' representatives if this coverage could be effective October l, with no lapse in coverage and both responded it could. 10. CONSIDERATION OF APPROVAL TO ADVERTISE FOR BIDS FOR SALE OF WASTEWATER PACKAGE TREATMENT PLANT Bill Hall advised the Council the plant is located on FM 423 south of the Animal Shelter and that it. is the plant that U.T.R.W.A. was going to take, but now that the City is pulling out of U.T.R.W.A., he recommends advertising for bids for the sale of the plant. Councilman Withers moved to authorize the advertisement for bids and Councilman Gomez seconded the motion which carried with a unanimous roll call vote. 11. REVIEW AND DISCUSSION OF SECTION X OF RESOLUTION NO. 90-19 PASSED AND APPROVED BY THE COUNCIL ON THE 20TH DAY OF AUGUST 1990 ADOPTING POLICIES AND PROCEDURES FOR ADVISORY BOARDS AND COMMISSIONS Councilman Withers asked this item to be placed on the agenda and stated that he has problem with asked a board member to resign his place on the board to run for public office and suggested deleting the entire section, noting that absenteeism is already addressed in another section. There followed a discussion regarding requiring resignation from a board to run for office. Councilman Gomez said it. might appear to be a conflict of interest.. Councilman Marks said he doesn't want to 8 00376 , lose a good board member during election time. Councilman Withers noted that conflict, of interest deals with economic matters. Councilman Burchard reminded all that several board members ran in the last election and there seemed to be no conflict. Councilman Withers moved to strike Section X of the policies as adopted by Resolution 90-19 and Councilman Alianell seconded the motion. Councilman Gomez said these policies were set to remind the board what they can and cannot do and that there have been boards and councils stacked in the past, in which case, one person would make a difference, which carried with a unanimous roll call vote. Councilman Burchard at this time called the question. Mayor Manning asked if all were in favor of calling the question and all voted Aye. At this time the council was polled on the motion, which carried with a unanimous roll call vote. 12. COUNCIL COMMITTEE REPORTS (OPTIONAL) None at this time. 13. CITY MANAGER'S REPORT 1. Rebate coming from T.U.E. 2. State Highway Department has cut back some of their project, s, including SH 121 from Denton Road to FM 423, and from Preston to Legacy and the 121 bypass from I35 to Elm Fork. 3. Reminder of Sail Fair this week-end. 9:43 p.m. Recess 9:54 p.m. Closed Door 15. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. 1990/91 BUDGET PROPOSALS 12:05 a.m. Upon reconvening in open session, the council discussed the capital projects and a proposal to take $50,000 from IBM and F & J funds to set aside for depreciation and using the balance to paint the storage tank and to handle the Strickland Drainage ditch. Mr. Hall also suggested using $200,000 from the IBM land fund to pay for the Animal Shelter, Witt Rd repair, Turner Street drainage repair and Paige Rd. drainage repair. The council agreed. Mayor Manning said there will be no meeting September 17, 1990 and noted the budget and tax rate will be adopted on September 24, 1990 after which the council will meet in a work session with the city council from Lit. tie Elm. 9 00376 With no further business to address Councilman Burchard moved t.o adjourn and Councilman Marks seconded t. he motion which ~-~ carried wit. h all members voting Aye. Mayor Manning adjourned the meeting at 12:07 a,m, APPROVED: William . . ATTEST: Pat. t.i A. Hicks, City Secretary [SEAL] 10