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HomeMy WebLinkAbout10/15/1990 City Council 0037 z MINUTES OF THE CITY COUNCIL MEETING HELD ON ~ER 15, 1990 The Regular Session of bhe Ciby Council of bhe Ciby of The Colony, Texas was called bo order ab 7:30 p.m. on bhe 15bh day of Ocbober, 1990 ab Ciby Hall wibh bhe following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Presenb Sbeve Withers, Councilman Presenb Mike Alianell, Councilman Presenb Rob Burchard, Councilman Presenb Lou Gomez, Councilman Presenb Joel Marks, Councilman Present and wibh seven presenb, a quorum was esbablished and bhe following ibems were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Donald Ho~sbon, 7600 Wes~shore Drive, represenbing R.S.V.P. said bhe volunbeer group has given 5063 hours to bhe City, Library and SPAN in bhe firsb 9 monbhs of 1990. Dick Weaver, 4940 Hackney, reporbed on bhe progress of bhe organizabional charb for bhe Ciby sbabing he had volunteered to put on compuber so bhab personnel can make changes easily. 3. MAYORAL PROCLAMATION DECLARING WHITE CANE WEEK Mayor Manning read bhe proclamabion in ihs enbireby as follows: WHEREAS, bhere are 30,000 blind people in Texas dependenb upon a whibe cane or a leader dog; and ¥~tF_.REAS, Governor Bill Clemenbs has proclaimed bhe week of Ocbober 19 - 29, 1990 as Lions Whibe Cane Week; and WHEREAS, Lions Clubs seek bo acquainb bhe public wibh ibs obligabions bo bhe people who use bhe leader dogs or whibe canes, and bo assure public recognibion and observance of the law probecbing persons using bhese symbols; and WHEREAS, bhe InLernabional Associabion of Lions are interesbed in sighb conservabion work bhrough Disbricb 2-E2 Lions Organ and Eye Bank and School for bhe adulb blind and aid bo bhe sight handicapped bhrough examination and eyeglasses for bhe less forbunabe, and obher worbhwhile service projecbs; and 3 WHEREAS, the Lions of District 2-E2 give freely::of thei'r time and effort in the sale of miniature white canes to ~aise funds for these worthwhile projects: NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas, do hereby proclaim the week of October 19- 29, 1990, as: WHITE CANEWEEK in the City of The Colony and urge all citizens to become familiar with the meaning and purpose of the white cane and leader dogs. William W. Manning, Mayor ATTEST: ', Patti A. Hicks, City Secretary 4. RECEIVE PRESENTATION FROM PETERS COLONY ELEMENTARY SCHOOL PTA BOARD REGARDING RECYCLING Barbara Manton, Public Relations Chairperson for Peters Colony Elementary PTA and a 13 year resident of The Colony addressed the council regarding Peters Colony's policy regarding recycling. Ms. Manton said recycling is important and cited 3 main reasons the PTA has decided to adopt this policy.~ 1. Peters Colony is committed to recycling 2. They understand the city's need for documentation in order to comply with a grant received from the State. 3. A support petition was circulated with almost. 250 signatures received, supporting the effort to establish recycling in The Colony. 8. CONSIDERATION OF APPROVAL OF A REQUEST FROM THE COLONY YOUTH SOCCER ASSOCIATION TO INSTALL A SPRINKLER SYSTEM AT TURNER STREET PARK Don Davis, 'representing the Colony Youth Soccer Association stated that there are areas at the fields which are not. now covered by the current sprinkler system because of the expansion of the fields and that the Soccer Association would like hhe Council's blessing to install additional sprinklers at the park at. no expense to the City. After a brief discussion, Councilman Alianell 'moved .to approve the request and Councilman Withers seconded the motion. 7. RECEIVE PRESENTATION REGARDING PARK LAND GRANTS Dennis Jerke, representing Carter-Burgess, explained the Texas parks and Wildlife Grant Application process, reminding the 4 00379,,. Council that Fox and Jacobs has ,asked .the city to accept some 42 acres of land in the northeast portion, of the city to be used as a park area. Mr. Jerke said Fox and Jacobs-had asked his company to prepare a matching funds grant application for the site, using the value of the property as the matching ~funds,~ and-at~.no cost to the City, Mr. Jerke went on to. say ~he maximum amount of the grant would be $500,000.00 and that the application will be in that amount, going on to say his company has been successful in these requests over the pas~ 6 years. Mr. Jerke said he will work directly with city s~aff, noting that the grant system scores applications higher tha~. include wa~er activities, ie, ponds, lakes, creeks, going on to say [hat his company understands this and will work toward that end. He said there will be a Master Plan which will be presented at a public meeting for the citizens ~o review. He also said Centex feels good about this because they feel they are putting something positive into The Colony. There were some general questions regarding time, location, etC. . 10. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 3 RELATING TO THE LATE HOURS PERMITS FOR THE SALE OF.ALCOHOLIC BEVERAGES Councilman Burchard made a presentation to the Council based on facts received from the Police Department. and other sources, noting earlier opinions had been based on feelings, and mot facts. The Councilman went on to say this is not an issue of we~ vs dry, --. but ~he type of community we want. The presentation covered items such as numbers of D.W.I. and P.I. ,arrests, hours of the day, days of the week, annual comparisons, tax revenues, ~etc. (See Attachment t'At') Councilmen Gomez and Marks argued that no~ all people ge~ drunk in The Colony, to which Councilman Burchard responded~that all the numbers prove is that incidents increase during,the late hours. He also included in his report that he contacted several quality restaurants in the area. and no~ed that none of them are open until 2:00 a.m. There followed a lengthy discussion regarding the pros and cons of late hours sales. Councilman Gomez said the State laws need to be changed to increase bhe penalty for drunk driving, stat, ing that the Council cannot legislate morality. ,Councilman Withers stated tha~ everytime this ,Council passes an ordinance we are imposing our.morality on someone else. Councilman Lynch said he had conducted a survey using a grid of the city map and then choosing random phone numbers ~wi~hin each section of the grid. The Councilman said' he made approximately 25 calls and of those ~14 were in favor of ceasing sales at 12:00 midnight, 5 were for selling until 2:00 a.m. and 7 had no preference. Councilman Lynch said we (the Council) represent [he citizens of the City and tha~ our duty is to represent all of the citizens (silent majority) whether they come ---- to council meetings or noS. 5 0037 u Mayor Manning then opened the floor for comments from the audience. Melanie Able- 4524 Lakecrest Dr., said she did not see enough reasons to allow late hour sales city the following reasons for not allowing them: 1. tax revenue loss is insignificant 2. need more family businesses 3. liquor O.K. but not totally saturated 4. don't think old businesses will be hurt significantly 5. Feel most people there after 10.:00 are there to get drunk 6. safety issues speak for themselves Ms. Able said she hopes the Council will vote logically and not be revenue hungry. Montia Setzler, 4412 Hale, Hopes the Council realizes their responsibility to the citizens of the community and will nob exercise their personal freedoms at the expense of our safety, noting the revenue loss being insignificant, Mr. Setzler went on to say some of his reasons are' rather:selfish, because he is a pastor and his job comes in after the police and fire are through. Dr. Randy Rist, 5321 Marsh, is in favor of the extended hours and was surprised at Councilman Burchard's figures, stat~ing they only show correlation not cause. He went on to say he is a single parent and enjoys the fact that he can go out to a bar in The Colony (not far), noting that O'Riley's sponsors several soccer teams in The Colony Ralph Sears, 6813 Anderson, said most had been concerned for the quality of life wanting a family oriented community, suggested maybe we should be talking about the quality of self and asked if we want this for our family or for ourselves. Mr. Sears went on to say a family oriented community is' the reason most people moved here, it is peaceful and they didn't want to bring Dallas with them. He said the vote ttonight is for the family, children and future. Bill Wilkes, 5604 Tucker, said the most important word is balance and there is wisdom in balance, going on to say that years ago, the city was voted wet but it is still a family community and that we must find a balance in our City, urging the Council to vote for a balanced community. Jeff Bacon, 4721 Brandenburg, said if statistics don't persuade the Council let common sense persuade them, noting that common sense tells us that extended hours is not worth the trouble and expense it. causes. Mr. Bacon said the city should cater to family needs and should vote against the extended hours. Ken Wood, 5000 N. Colony, is in favor of extended hours, stating he felt the figures presented were not conclusive, just date, noting that all candidates said they were for businesses and if they vote down the late hours they will be telling the voters it doesn't matter what they say, going on to say he doesn't see that it will impact police work load significantly either way. 6 00379- Lynn Tea~ue, 4321 Ireland, appreciates [he work done by t~he Council on [his issue and that they can see bwo sides of issue. Mr. Teague said his family Chose The Colony bpcause of the family community image and ghab he believes doing away with exgended hours would not limit, business in The Colony. Mr. Teague said families are imporgant in this community and council should remember ghat. He went on go say he did not. believe ghis would be legislat, ing moraligy but making a posit~ive s~agemeng bo our children. Gary Jones, 4316 Fryer, said he want, s to protecg his family and ghab he expecbs the Council bo do thab by closing bars at 12 midnighg. Alt, on Paris, 5625 Truibb, said we can make inferences using [he data and ghab we can use random samples, sbaging bhab we don't, need to keep bars open after 12 midnighg. .Diane Allen, 4751 Wagner, ~.~ked if people arre'!~[ed were drinking in The Colony ([hat is not known). She went on to say that people should make bheir own decisions, noting bhat, the restaurants and bars in The Colony employ several people and curbing [he hours will hurt~ ghem. Bruce Sopas, 5221Worle¥, read a prepared statement, bo this effect; no~ing we do will bring. ~.~.r.ge~...res~aurants until the traffic flow and populabion increase, but his personal opinion is if the extended hours are eliminated it, will signal businesses nob go come here. Mr. Sopas went on saying it is nob [he job'of [he Council to teach morals bo his kids and thab their personal convictions should nob influence their unbiased decisions. David Kendall, 5625 Turner, said to Councilmen Gomez and Marks, that it is nob their opin;'~ons .... that scare him "bu~ their attitudes, noting ~hat is this issue (wet/dry) was voted on in The Colony right now the "wet" would lose. Mr. Kendall said he is not against, those businesses that sell alcohol, but, [hat he is for ghe family, noting that ghe majoriby at ghis meeting seem bo be againsb extended hours. Paula, Dunn St., said closing bars at midnighg will nog keep people from gerbing drunk. Vivian Bedell, #3 Holden, ~'aid ghe Chamber of Commerce supports extended hours for the sale of alcohol and read a prepared stabement to ghat, effect,, then stating ghis should be an economic decision by the Council. Nathan George, 5110 Pai~e Rd. representing O~Riley~s presented a petition with over 350 names in support of ex[ended hours (names gathered from O~Riley~s, Pappalou~s and O.B.~s), Mr. George said the revenue figures are not, accurabe and that, being open late the other 4 nights of the week will hurt. quality of life in the ciby. Mr. George went on to. S~Y ~he TABC strictly enforce clubs and bars and that-this should be seen as an economic issue not: an emotional one. Bob Woodard, 4924 Watson, a special invesgigat, or for the Dallas County District Attorney, Police Officer in Addison and a security guard at a 24 hour a day restaurant, said, "An ounce of prevention is worth a pound of cure", not, lng bhe by-product is 7 00379, much deeper than the Council t~hinks. Sara Paris, 5625 Truitt, said if one life is lost due to the extended hours bhen the $500.00 in losb tax revenue is not worth it. Pam Henley, 5632 Perrin, said this a family community and extended hours causes problems. Cynthia Shinsky, 4527 N. Horseshoe Trail, said her 3 year old daughter was killed by a drunk driver but late hours was not the problem, ra~her the legislabors, nobing bhe laws should be sbronger, Ms. Shinsky said she is in favor of extended hours. David Glass, 4177 Clary, said he realizes people can drink anywhere, anytime, but noted that The Colony doesn'b have to help, Mayor Manning called for a motion on the issue. Councilman Burchard moved to approve an ordinance repealing Chapter 3, which will eliminabe extended hours for bhe sale of alcohol and Councilman Wi~hers seconded the motion. Councilman Marks said he has a family too and bhat he drinks, bu~ there are no problems from ~hat, noting bhat he did no~ run for office ~o control people's problems. Going on, Councilman Marks said families have come here to The Colony since we were robed web, nobing he ~ries bo robe for the good of all citizens and asked why these people are not present when bhe Council is addressing other items. Councilman Lynch said he is not elected bu~ appoinbed and still has to earn his stripes and that he is asked to represent all of ~he city, going on to say that ~o help him in thab duty he made random calls bo citizens, realizing bhat the input is limited, but that he is interesbed in ~he opinions of The Colony Mayor Manning read bhe caption of bhe ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING CHAPTER 3, RELATING TO ALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY RELATING TO ALCOHOLIC BEVERAGES; EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE The mo~ion passed with the following vote: Lynch - Aye, Wit~hers - Aye, Alianell - No, Burchard - Aye, Gomez - No, Marks - No, Manning - Aye. 5. PUBLIC HEARING ON APPLICATION OF GUY HOPSON FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS NEIGHBORHOOD SERVICES, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A LIGHT COMMERCIAL ZONING CLASSIFICATION WITH A SPECIFIC 8 003790 USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION 7616 NORTH MAIN STREET. (FM 423) Councilman Alianell moved bo open bhe public hearing and Councilman Withers seconded the mobion which carried with all members voting Aye. Bob van Til said bhis is a requesb to re-zone properby from Neighborhood Services bo Light Commercial with a Specifi'c Use Permit for the sale of~ beer and wine'fOr off-premise consumption. Mr. van Til said bhe re-zoning is necessary so that the owner can comply with fire protection codes in the building, noting he could not comply with requirements if the properby remained Neighborhood Services because of the water line. Mr. van Til said this will be a convenience :store.- .There followed a general discussion regarding location, presenb zoning of adja:cent properties, the effecb of the widening of 423 on bhe 'properby, effect on the property when the water lines are upgraded, etc. Donald Hogston asked if bhe council realizes: how many businesses in bhe city sell alcohol. Councilman Lynch reminded the owner, Guy Hopson, that, the ordinance jusb passed effecbs off-premise sales also. Mr. Hopson said this type business always has to stop selling alcohol at midnight, noting that is governed by State law. Mr. Hopson wenb on to say he would probably close around 10:30 p.m. C 1 i n Simpson of 5200 N. Colony asked if bhe fuel tanks had been checked for environmental purposes and Mr. Hopson said they had. Councilman .Lynch said as a Councilman, he asks that there be some hype of cap on the number of SUP's issued bo probect the existing businesses, going on bo say the City is web by choice, but bo continually grant SUP's is a dis-service to exisbing businesses. Councilman' Gomez said he agrees but if we stop now, bhere are no guidelines to follow. Councilman Gomez moved to close bhe public hearing and Councilman Lynch seconded the motion which carried Wibh all members voting Aye. 6. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE OCTOBER 1 AND 8 COUNCIL MEETINGS Councilman Alianel] moved to approve the minutes as'written and Councilman Gomez seconded bhe mobion which carried with a unanimous roll call robe. D. CONSIDERATION OF A RESOLUTION RE-APPOINTING DAVID PUREFOY TO SERVE ON THE BOARD OF DIRECTORS FOR E 9-1-1 Councilman Alianell moved~ to approve the resolution as 9 0037P wri~ben and Councilman Gomez seconded ~he mobion which carried wi~h a unanimous roll call vote. Eo CONSIDERATION OF RESOLUTION APPROVING INTERLOCAL AGREEMENTS WITH DENTON COUNTY FOR THE FOLLOWING SERVICES: FIRE SERVICES AND LIBRARY SERVICES Councilman Alianell moved bo approve bhe resolubion as wri[ben and Councilman Gomez seconded bhe mobion which carried with a unanimous roll call vote. F. CONSIDERATION OF APPROVAL OF TWO CONTRACTS WITH TRINITY MEDICAL CENTER FOR MEDICAL CONTROL AND CONTINUING EDUCATION FOR THE FIRE DEPARTMENT Councilman Alianell moved bo approve bhe con,tachs as wri~ben and Councilman Gomez seconded bhe motion which carried with a unanimous roll call robe. G. CONSIDERATION OF RENEWAL OF CONTRACT FOR GATE ATTENDANT AT STEWART CREEK PARK Councilman Alianell moved to approve ~he con~ract as writ, ten and Councilman Gomez seconded the motion which carried wibh a unanimous roll call robe. K. CONSIDERATION OF A RESOLUTION SUPPORTING THE PROPOSED CONTROLLED ACCESS FREEWAY FOR STATE HIGHWAY 121 Councilman Alianell moved to approve bhe resolubion as wri~ben and Councilman Gomez seconded bhe motion which carried wibh a unanimous roll call robe. B. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING APPENDIX A-ZONING GRANTING A ZONING CHANGE ON PROPERTY PRESENTLY ZONED AS NEIGHBORHOOD SERVICES TO A LIGHT COMMERCIAL CLASSIFICATION WITH A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION 7616 NORTH MAIN STREET (FM 423) Mayor Manning read bhe capbion of bhe ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING ORDINANCE NO. 61, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, GRANTING A CHANGE IN ZONING ON PROPERTY LOCATED WITHIN THE CITY OF THE COLONY, TEXAS; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM NEIGHBORHOOD SERVICES (NS) TO LIGHT COMMERCIAL (LC) WITH A SPECIFIC USE PERMIT FOR A CONVENIENCE STORE LOCATED WITHIN THE AREA l0 OF THE STRUCTURE DESIGNATED ON THE SITE PLAN ATTACHED AS EXHIBIT "A": LOCATED AT ~76'16 MAIN STREET(FM 423); PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN; CORRECTING THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE' OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH~A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE Councilman Lynch said he is in favor of bhe re-zoning request by not~ bhe S.U.P. and made a motion to approve the re- zoning but without the S.U.P. Councilman Withers seconded the motion. Councilman Marks asked Mr. Hopson if he could open if he would not be able to sell beer and. wine ~and Mr. Hopson said no. Councilman Withers said he would rather the cit, y be dry but that he is not against Mr. Hopson as a person or his business. The vote was then taken as follows: Lynch - Aye, Withers - Aye, Alianell - No, Burchard - Aye, Gomez - No, Marks.- No, Manning - No. Motion failed. Councilman Alianell then moved to approve the ordinance as written and Councilman Gomez seconded the motion which carried with the following vote: .--. Lynch - No, Withers - No, Alianell - Aye, Burchard - No, Gomez - Aye, Marks - Aye, Manning - Aye. C. CONSIDERATION OF A RESOLUTION ESTABLISHING GUIDELINES FOR THE EXPENDITURE OF FUNDS BY THE BEAUTIFICATION COMMITTEE Councilman Gomez said he pulled bhis item to note there is an error on the resolution which names Don Amick as Mayor. Ciby Secretary Pabti Hicks said ~his error had been noted earlier and had been corrected on the document for signature. Councilman Gomez then moved-bo approve the resolution and Councilman Alianell seconded the motion which carried with a unanimous roll call robe. H. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR CUSTODIAL SERVICES FOR CITY FACILITIES, AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Burchard asked if ~he insurance coverage was in order for the company recommended by staff and Mr. Hall advised tha~ it is. Councilman Burchard then moved to accepb and award the bids and approve bhe ordinance; Councilman Gomez seconded ~he motion which carried with a unanimous roll call robe. I. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR 11 RESIDENTIAL MOWING, AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Mr. Bi]] Hall said bhe bids were opened Friday afbernoon ab which ~ime only one bid was received, bha~ being in bhe amounb of $75.00 per lob. Mr. Ha]] not. ed we have been paying $20.00 per lob and recommended rejecbing bhis bid due bo bhe excessive price. Councilman Aliane]l moved bo rejec~ bhe bid and Councilman Burchard seconded bhe mobion which carried wibh a unanimous roll call vo~e. $. CONSIDERATION OF FINAL PLAT FOR ETHRIDGE ELEMENTARY SCHOOL Mr. Hall explained bhis is a drainage easemenb acquired by LISD from ~he proper~y owner bo allow proper drainage. Councilman Lynch moved t~o approve ~he plab and Councilman Burchard seconded bhe mobion which carried wit, h a unanimous roll call robe. 9. CONSIDERATION OF ACCEPTANCE OF BIDS FOR THE SALE OF THE WASTEWATER PACKAGE TREATMENT PLANT Mr. Bi]] Hall said only one bid was received, bhab being from ~he Ciby of Libb]e Elm in bhe amounb of $3000.00. Mr. Ha]] recommended rejecting ~his bid, no~ing ~hab Libb]e Elm had ab one t~ime, expressed in~eres~ in purchasing ~he plan~, bu~ ~ha~ ~he minimum adverbised bid had been $9500.00. Mr. Hall recommended ho]ding on bo bhe was~ewaber ~reabmenb planb for possible' fubure use . Councilman Burchard moved bo rejecb the bid and Councilman Gomez seconded ~he mobion which carried wibh a unanimous roll call robe. 1]. DISCUSSION OF THE STATE REVOLVING FUND LOAN Mr. Hall explained ~ha~ bhe original loan approved had been in bhe amount~ of $1,080,000.00 ~o insba]l bhe sewer sysbem in bhe Eas~va]e addibion and bhat. bhe assessmenb had been set at approximately $1.08 per residence. He went, on bo say bhab due bo bhe Mid-Easb crisis, cosbs have increased and ~he Wa~er Development, Board is concerned ~hab bhe original amounb may nob be enough bo complebe bhe projecb. Mr. Hall said we can scale back ~he projec~ or nob do ib ab all or asked for an additional amoun[ of money, nobing ~here is money ]efb in bhe fund which would be available for ~his purpose. Mr. Hall did say bhab if we accep~ a ]ar§er amoun[, bhe assessmenb will be increased, and according ~o our engineer's esbimabe bhe new cosb could be around $1,327,300.00 ~o complebe the project. Mr. Hall said bhab would raise bhe assessmen~ bo approximabely $1.30 per residence. 12 Mr. Hall noted this is all speculation at this time, and even if we request additional funds we do not have to borrow tha~ amount, going on ~o say that if after the bids are open and we know exactly what we need, then that will be the amount to be borrowed, however, we need ~o be prepared. Mayor Manning asked if another public hearing is needed, and Mr. Hall said the S~ate does not require it, but it might be a good idea. There was a discussion regarding holding such a public hearing on November 5, 1990. Consensus of the Council was to hold the public hearing and to direc~ the City Manager to request 1.3 million dollars. 12. COUNCIL COMMITTEE REPORTS (OPTIONAL) Councilman Marks said he would like to serve as the liaison for Park and Re.creation. Councilman Burchard, current liaison said he has no problem witch that and Mayor Manning approved ~ha~ appointment. Councilman Withers said the Animal Shelter S~andards Advisory Committee is exploring the possibility of building a new shel~er and also of moving Fire S~a~ion No. 3 for use as a shelter. 13. CITY MANAGERtS REPORT 1. Cut back is highway projects from ~he Sta~e from Elm Fork to The Colony on hold 1 year or longer, no contracts let prior to 1992. Widening of 121 in The Colony has been shelved. Freeway project for 121 in The Colony is still in the plans and it, would save the State money to do the freeway project and not. ~he widening project. Upcoming public hearing at Stonebriar on October 23, 1990. 2. School flashers have been requested on S. Colony Blvd. by a citizen. Will check with traffic engineer for justification. The cost will be approximately $16,000.00 and would have to be a capital project. Discussion of possible alternatives. 3. Witt Road - 5 year capital project a~ $12,000. Commissioner Jacobs has said we can borrow the machine from Denton County, but tha~ after December 31, 1990 ~here will be no more road and bridge districts and jacobs is willing to enter into an interlocal agreement, for use of ~he machine, but she needs to know our intent as soon as possible. Place on 11-5-90 Council meeting. 4. Plans for moving Animal Cont. rol ~o the Health Department are going well and should come ~o Council soon for approval. --- 13 00880, With no further business bo address, Councilman Marks moved bo adjourn and Councilman Burchard seconded bhe motion which carried wibh all members voting Aye. Mayor Manning adjourned the meeting at 10:57 p.m. APPROVED: William W. Manning, ~ ATTEST: PaOli A. Hicks, City Secretary [SEAL] 14 " ATTACHMENT "A OVERVIEW EXHIBIT A. - SHOWS DWI/PUBLIC INTOXICATION ARRESTS SIGNIFICANTLY INCREASE BETWEEN THE HOURS OF i2:00 MIDNIGHT AND 4:0A AM. EXHIBIT B. - SHOWS' THAT THE DAYS WITH EXTENDED HOU~S FOR ALCOHOL SALE HAVE SIGNIFICANTLY HIGHER NUMBERS OF DWI/PUBLIC INTOXICATION THAN THE DAYS THAT DO NOT HAVE EXTENDED HOURS. EXHIBIT C. - SHOWS THAT DWI/PI INCIDENTS IN THE COLONY ARE ON AN INCREASE AND THAT 1990 WILL PROBABLY HIT A THREE YEAR HIGH. EXHIBIT D&E - SHOWS THE ALCOHOL GENERATED TAX REVENUES RECEIVED BY THE COLONY COMPARED TO THE COST IN LIVES, BODILY INJURY AND/OR PROPERTY DAMAGE SUFFERED BY OUR CITIZENS. EXHIBIT E. - SHOWS THAT THE COLONY WOULD ....... NOT LOo=~?~= ITS ABILITY TO ATTRACT QUALITY FAMILY RESTAURAN'T'S BY NOT EXTENDING HOURS FOR ALUOI-~OL~ ' SALE. " 008890 ATTACHMENT "A"(2) THE COLONY DWI/PUBLIC INTOXICATION INCIDENTS 1989 VERSUS 1990 1/1/89 1/1/90 1990 12/31/89 9/25/90 ANNUALIZED 12:00-2:00 AM 32 ) 45.4 35 ) 54.4 47 2:00-4:00 32 ). PCT 39 ) PCT 52 4:00-G:00 8 16) 13 G:00-8:00 4 I 1 8:00-10:00 1 I 1 10:00-12:00 i 2 3 12:00-2:06) PM 3 3 4 2:00-4:00 8 2 3 4:00-6:00 5 4 5 6:00-8:00 11 7 9 8: 00-10:O0 17 15 20 10: 00-12:00 19 17 23 141 136 181 * THE COLONY IS CURRENTLY EXPERIENCING 15.1 DWI/PUBLIC INTOXICATION INCIDENTS PER MONTH. * THAT AMOUNTS TO ONE INCIDENT EVERY OTHER DAY. AT THIS CURRENT PACE, THE COLONY COULD CONSERVATIVELY HIT 181 INCIDENTS (A THREE YEAR HIGH AND A 28.4% INCREASE OVER 1989) BY THE END OF THE YEAR. * THE ESTIMATED 181 DWI/PI INCIDENTS FOR THE 1990 YEAR IS A CONSERVATIVE FIGURE BECAUSE IT DOES NOT ANTICIPATE ANY INCREASE IN THE INCIDENT RATE DURING THE THANKSGIVING, CHRISMAS OR NEW YEARS EVE (PRIOR TO MIDNIGHT) HOLIDAYS ATTACHMENT "A" ( B ) THE COLONY DWI/PUBLIC INTOXICATION INCIDENTS DAILY COMPARISONS 1'98'9 VERSUS 1990 (1) 1989 1990. 1990 (9 MONTHS) (ANNUALIZED) MONDAY i4 19 25 TUESDAY 11 12 16 WEDNESDAY 14 8 11 THURSDAY 16 .... ~ FRIDAY 17 18 24 SATURDAY 35 23 31 SUNDAY 34 31 41 TOTAL: 141 136 181 AS THE ABOVE ]'ABLE SHOWS, THOSE NIGHTS WERE THE HOURS OF ALCOHOL SALE HAVE BEEN EXTENDED THE NUMBER OF DWI/PI INCIDENTS INCREASES SIGNIFICANTLY. (1) INFORMATION PROVIDED BY CAPTAIN CARROLL OF THE COLONY POLICE DEPARTMENT. " 00880 "- " ATT/~M~5~O~i~" ( 4 ) DWI/PUBLIC INTOXICATION INCIDENTS ANNUAL COMPARISONS FOR 1'988, 1'98'9 AND 1990 (1) YEAR .D. WI PI TOTAL 1'988 5 ' 142 147 1989 !3 128 141 ) ) 28.4 1990 (9 PIONTHS) 8 128 (2) ) PCT (ANNUALIZED) (11) (170) 181 ) INCR AS THE ABOVE TABLE SHOWS, THE COLONY'S EXPERIENCED A 28.4 PERCENT INCREASE IN DWI/PUBLIC INTOXICATION INCIDENTS FROM i989 TO 1990. ALLOWING ALCOHOL TO BE SOLD UNTIL 2:00 APl EVERY NIGHT OF THE WEEK WOULD ~REATLY INCREASE THE NUMBER OF DWI/PI INCIDENTS WHICH IN TURN INCREASES THE RISK OF DEATH, BODILY INJURY OR PROPERTY DAMAGE OF OUR CITIZENS AND POLICE OFFICERS. (1) INFORMATION PROVIDED BY CAPTAIN CARROLL OF THE COLONY POLICE DEPARTMENT. (2) CAPT. CARROLL ADVISES THAT WITHOUT DOING A MANUAL FILE SEARCH HE COULD NOT TELL HOW MANY OF THE PI ARRESTS COULD HAVE POSSIBLY BEEN CHARGED WITH DWI. 008800 ATTACHMENT "A" ( 5 ) THE COLONY :i,'.:.'-~.~! !]J!L,_X~ !~!f~!gJ~i~.'.Z,[i IlO. i! /!~_V.!~LU_.!-.:.-;.~ 1. 1989 "FAX REVENUES GENEI:]A'I'ED FROM "I"HE SALE ALCOHOL BY MIX BEVERAGE I_ICENSEES: $9,643.51. (2) 2. AVERAGE I'~tJMBER OF t-'-IOUI'IS ALCOHOI..IC BEVERAGES ARE SOLD: 5.)9 HI)UFOS PER WEEK (3) 5, 148 HOURS PER YEAR (,.'-1.) 3. TAX REVENUES THE (]OL. ONY RE[]EIVED IN 1989 BY EXTENI)ING 'T'HE HOUI::~S ALCOHOL ON FRIDAY, SATUFtDAY Al'ID SUNDt~Y: ~{~;58Z~. 44 PER YEAR (5) THE COI_ONY ONLY RECEIVES ~}~583.4.::~ PER YEA[~ BY EXTENDING THE FLOURS ALCOHOl. MAY BE SOLD. 'I'HE COST TO THE PEOPI_E OF 'THE COLONY IN I. IVES I_OST, BODIt. Y INJURY, PROPERTY DAMAGE AND [.AW ENFORCEMEIqT FAR OUTWEIGH THE ]'AX REVENUES RECEIVED. (1) INCLUDES ]'FIE SALE OF BEER AND WINE. ('.'>) FIGURES Al'RE FROM "I'HE TEXAS ALCOHOLIC BEVERAGE COMMISSION. ]'AX RATE IN 1989 WAS 12 PERCENT OF WHICH THE STATE KEI:)"I'' 89.2857 PEIRCEIxlT AND 'THE COLONY RECEIVED 10. Z.[43 ?ERCENT. (3) ASSUMING HOURS OF: :L0:30 ~1~1 .- 12:00 MIl)NIGHT (SLJNDAY -. WEDNESDAY) AND 10:30 AM - :2:00 AM (']'H(JRSDAY - SATURDAY). (4) 99.0 HOURS PER WEEK X 52 WEEKS PER YEF'-~R = 5, 148 FLOURS YEAR. (5) $9643..51 / 5, 148 HOURS PER YEAR =: ~:L.87 OF TAX REVENUE PER HOUR. $1.87 X 312 I-'IOURS = $58:3.44 (6 HOURS OF EXTENDED HOURS PER WEEI< X 52 WEEI<8 = 312 HOURS PER YEAR) ATTACHMENT "A" ( 6 ) THE COLOIqY AI_COHOL I~EL,'Z~TED ALJTOMOBII..E ACCIDEIxlTS (1) JANUARY .1., 1988 - SEPTEMBER 1, 1990 WEEI< T.'E L.q..q.,:.-'",Zr.;LC) Cr.':-'/C~7/88 MON 1 I: 0'3 PM CR I DER I:~I). 04110188 SUN 3:40 AM -~. N. COLONY 05/29/88 SUN 8:::]'7 PM STEWAR]'S CI:~L:EK PAI:~I< 07/05/8D TL!E !0:10 PM :1.2:1. & PAIGE 09/1C)/88 SAT 4: .1. '.'?]AH '~'.~ PA I GL-- ,..~, YAG~:':I-'~ 02/12/89 SUN ].:07 AI¥1 .~. MAIN &. LAKE HIGHI..ANDS C~3/18/89 SAT 9:'.-]3 I:-~M M~,Ii',I &. WITT .,~z.-',.:,z ~:~:-~ TLIE 8:36 PM HWY 4z.,.:, 08/20/89 SUN 10:37 PM ]"URNER & ]'~'~YLOR 1()/~'~1/89 SUN :1.2:11 AM .~- :t21 &. M~.~iN 12/16 / 8':.3 SAT 8: 31 I:.)M I",!. CO L ONY 03/19/9('~ MDN ].0:14 PM MAIN &. N. COLONY ~.,~/11/9r~ FRI 4:10 ~.~,M ..~- ].:2:1 &. CRIDER 08/19/9('~ SUN i0:54 PM :/:..::1 &. MAIN THE ABOVE TABLE SHOWS ALI_ 'I'HE ALCOHOL I:~EI_A'I'ED AUTOMOBL. E ACCIDENTS (IN WHICH A FIRE TRUCI</AMBULENCI£ WERE REQUIF~:ED TO RESPOND) THAT HAVE OCCURR. ED IN THE COLONY OVER THE PAST 'I'I--IFtEE YEARS. (1.) ]:IxlFORMATION PROVIDED BY CI'"IIi£F VAN MORI:;~ISDN ATTACHMENT "A" ( 7 ) THE FOLLOWING IS A SAMPLE OF RES]'AURANTS IN THE PLANO, ADDISON AND CARROLLTON ArREA AND THE HOURS THEY CLOSE DURING THE WEEK. RESTAURANT S U___~_N rdol,q TUE WED T__H.L] F._R.._I_ SAT_ El_ FENIX .................. 1¢):o0 PM .................. 11:0o PM-- (PLANO/ADDISON) - DALTS .................. ll:A(] PM ....................... 12:0() MID- ( ADD I SON ) TGI FRIDAYS ................... 12:00 MID .................. (PLANO) i: O0 AM ON THE BORDER ............................ :1.2:00 MID .................... 1:00 PM-.- ( ADD I SON) RED LOBS'I'ER .................... 1(-~: O0 PM ..................... 11: 00 PM-- (PLANO) TONY ROIdAS ............... iO:O(-D pM --11:00 PM--. (ADD I SON) CHILI ~'S ..................... I!:00 PM ........................ 12:()('D MID- (CARROLLTON) BLACK EYE PEA ' - ...................... 10:O() Pld .............................. "1:OO PH .... ( ~":.A R F~ O I_ L TOIxl ) T l A ' S .................. 10: ¢.~() PM ........... 10: '"¢' - .- .......... c,_D PM (CAR ROLL TON) S]'EAI< & ALE .................. 10.'OA pF'l ......... (CARROLLTON) ........... 11:¢DO PM-- BENI',IIGAN' S .................... 12: ('~('D MID ..................... 0¢~ AM (PLANO) - ' 1: THE ABOVE LIST SHOWS THAT THE COLONY WOULD I',IOT BE HINDERED IN ITS ABILITY -I-0 ATTRACT QUALITY RESTAUFtAI,4TS BY SETTING ]'HE HOUR ALCOHOL CAN BE SOLD TO 12:0(] MIDNIGH]'.