Loading...
HomeMy WebLinkAbout10/19/1992 City Council 004584 MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 19, 1992 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 19th day of October, 1992, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Absent Joel Marks, Mayor Pro-tern Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT- None 3. MAYORAL PROCLAMATION DECLARING OCTOBER 25 31 AS PHARMACY WEEK Mayor Manning read the proclamation as follows: WHEREAS, the sophistication of health care in the United States enhances the quality of life for every man, woman, and child; and WHEREAS, an integral part of quality health care includes drug therapy which is increasingly more sophisticated; and WHEREAS, more than 12,000 practicing pharmacists in Texas daily apply their five- years or more of training and education to dispense medications and to monitor prescription and non-prescription medications for the correct dosages as well as possible allergic and drug interactions; and WHEREAS, these professional pharmacists counsel patients to help assure the maximum benefits of both prescription and non-prescription medications; and WHEREAS, public opinion polls consistently rank pharmacists among the most highly-respected professionals for their unselfish gifts of time, knowledge, and talent to advise the public on health concerns. 3 004585 NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim the week of October 25 - 31, 1992 as: PHARMACY WEEK in the City of The Colony, Texas and urge all citizens to acknowledge and utilize the expertise of pharmacists whose skills, concern, and knowledge contribute to the health and well-being of this community. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of The Colony, Texas to be affixed this 19th day of October, 1992. William W. Manning, Mayor Patti A. Hicks, CMC/AAE, City Secretary The proclamation will be mailed to Texas Pharmacists United in Patient Care in Austin. 4. MAYORAL PROCLAMATION DECLARING OCTOBER 18 - 24, 1992 AS AMERICAN BUSINESS WOMEN'S WEEK Mayor Manning read the proclamation as follows: WHEREAS, working women constitute 43 million of our nation's work force and are constantly striving to serve their communities, states and nation in civic and cultural programs; and WHEREAS, the major goals of business and professional women are to help create better conditions for business women through the study of social, educational, economic and political problems; to promote service to the community; and to further friendship with women throughout the world; WHEREAS, the members of the Texas Federation of Business and Professional Women's Clubs join with the members of various business and professional women's clubs throughout our nation in observing the week of October 18th through 24th, 1992 as National Business Women's Week. VV~HEREAS, it is fitting and proper that we recognize the contributions and the leadership exhibited by the working women throughout the state of Texas. NOW, THEREFORE, I, William W. Manning, Mayor of The Colony, Texas, proclaim October 18 - 24, 1992 as 004585 BUSINESS WOMEN'S WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of The Colony, Texas to be affixed this 19th day of October, 1992. William W. Manning, Mayor Patti A. Hicks, CMC/AAE, City Secretary Joyce Marshall, President of the Trendsetters Business and Professional Women's Association in The Colony accepting the proclamation for all working women, thanked Mayor Manning and the Council. Ms. Marshall invited everyone to come by the Government Center Saturday morning and early vote. 5. PRESENTATION OF EMPLOYEE AWARDS Mayor Manning and City Secretary Patti Hicks presented the following awards: Joan Sveinsson - 8 year pin. Sandie Chance - 3 year pin. Not present, but who will receive awards are Van Weese - 8 years and Dena Mosley - 2 years. 6. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO AMEND SECTION 10-903 APPENDIX A-ZONING OF THE CODE OF ORDINANCES RELATING TO THE TIME LIMIT FOR THE EXPIRATION OF SPECIFIC USE PERMITS Bill Hall stated that Specific Use Permits (SUPs) effect many businesses in The Colony, noting that several years ago Council was concerned about vacant property still carrying a SUP and subsequently a time limit of one year was placed on vacated property as well as new SUPs (initiation of use). Mr. Hall said Councilman Sharp had expressed concern over this time limit and worked with Mr. van Til, subsequently taking the request for change to P & Z. Councilman Sharp said he is concerned about businesses being vacated for a year and still carrying a SUP and suggested a 30-60 day time frame, noting this would not include businesses being sold to another operator. Motion to open the public hearing - Lynch; second - Sharp. All Ayes. Councilman Marks asked why Councilman Sharp wanted the time shortened, and the Councilman responded he just feels it needs to be shorter. Councilman Marks said he was on Council when the time was changed to one year, stating there was a concern for businesses such as a liquor store not being able to re-open once vacated. Going on, Councilman Marks cited an example; if a liquor store closes and a day care has opened up next door, then a new owner could not re-open the liquor store because of the distance 00458'i requirement. Councilman Marks suggested shortening the time to 6 months and if the property sells to a business that doesn't need a SUP then the SUP will be void. Councilman Bogan said he thinks the shorter time gives the city more control. Mayor Manning said it is harder to sell a business that has been vacated for a year or even for 2 months and asked the purpose to hold a SUP in a business space for a year, stating he doesn't see a reason for holding the SUP for any time at all. Councilman Marks said if a business closes and it takes a long time to sell, the SUP could have lapsed and the new owner will have to get another SUP, stating he agrees that ayear is too long. Mayor Manning suggested that anyone selling a business will be prepared in time to keep that from occurring. Councilman Lynch said there is always a public hearing before granting SUPs and the owners are questioned, going on to say if a business is sold, the new owners don't come to Council, ie, Colony Point Liquor sold before it opened and the new owners never came before council, yet the SUP was still valid. Councilman Lynch said there is a SUP on a boarded up "Stop n Go" that he would like to see revoked. Going on he said a distance could be imposed on the church or day care that would not allow them to build within so many feet of a liquor store. Councilman Agnew said the first paragraph says the SUP is valid for 90 days from issuance and if initiation of the use has not begun then the SUP is void, going on to ask what constitutes initiation. Councilman Sharp said if a building has to be erected and the owner maintains contact with the city and is working toward completion, then that should constitute initiation. Councilman Bogan noted that funding could cause a delay in new construction and that should be considered also. Councilman Marks said if a longer time is given to new SUPs then the seller should be given the same opportunity for extension. Councilman Lynch noted the current ordinance does allow for new and existing SUPs to be extended, stating the only thing changing in this amendment is the length of time. Councilman Agnew agreed stating the procedures are remaining the same, only the time is being changed. Councilman Sharp noted that P & Z has recommended 90 days for new SUPs and he would like to see that remain at one year. Further discussion followed. Motion to close the public hearing - Agnew; second - Bogan. All Ayes. 7. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD OCTOBER 5, 6, AND 12, 1992 Motion to approve the minutes as written - Agnew; second - Bogan. Motion carried with a unanimous roll call vote. 6 00458 B. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 10-903 APPENDIX A-ZONING OF THE CODE OF ORDINANCES RELATING TO THE TIME LIMIT FOR THE EXPIRATION OF SPECIFIC USE PER M ITS Motion to approve the ordinance by amending the first sentence in Section 10-903 to read as follows: "There shall be time limits imposed as a condition of specific use permits, amending paragraph two to sixty days from one year - Sharp; second - Lynch. Mayor Manning clarified that the time limit for new SUPs will remain at one year and existing SUPs being vacated will change from one year to 60 days. Councilman Marks asked why the difference. Mayor Manning explained that sometimes a new business needs a year to get funding, plans, etc. ready to go. Councilman Marks asked why not change it to 90 clays for control, noting they can get an extension, stating the Council grants extensions of contracts all the time. Mayor Manning said he thinks asking a new business to come before Council every 90 days to get an extension would be annoying to the business and would be seen as anti- business. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR FLEET VEHICLE FUEl.. SERVICING AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Councilman Bogan said he sees only ()ne bid from Diamond Shamrock, and asked why we would pick the highest priced place in town. Mr. Hall said we have been looking for cost saving methods for some time and the possibility of reducing our costs for maintenance, compliance with State and Federal mandates, underground storage tanks, etc. Going on, Mr. Hall said using this computerized system will provide a better overview of fleet service. Mr. Hall did say that another company in town approached us several months ago about this type of system but they did not submit a bid. Mr. Hall said we went out for proposals because we thought it would be cost saving, noting that even if this is approved, we are not locked into buying from Diamond Shamrock. He went on to say we received only one proposal and that there are some distinct advantages to this program. Councilman Bogan said he has a problem with paying $.05 a gallon more and asked how much gasoline we buy per year. Councilman Lynch asked if we could forego collecting the little green stamps and get a discount from the company. Don Owens, Fleet Maintenance Supervisor, said we use approximately 10,000 gallons a month and that he has looked at this price compared to what we are paying now, and with the discount of 2 1/2 cents from Diamond Shamrock we will be paying 1/2 cent more per gallon, but that does not account for the reduction in maintenance for the City. David McClain, Fleet Card Representative for Diamond Shamrock said the employees will not have to collect the little green stamps to receive the discount. Mr. 00458 McClain also explained the gasoline is priced higher because it is pure gasoline, not a mix or watered down, noting some of the other companies in town sell mixed gasoline. Mr. McClain said Diamond Shamrock tries to stay within one cent of the top competitor in town, which is 7-11(Citgo). Councilman Lynch said using 10,000 gallons a month should deserve more than a 2 1/2 cent discount, going on to say this will be a "milk cow" for Diamond Shamrock. Mr. McClain said there is no contract, the city is not obligated to purchase from Diamond Shamrock. Going on, he said this is just an extension of the services on the city's credit card. Don Owens also stated the other companies in town cannot meet the standards in place for the city vehicles. Mr. Owens went on to explain the safeguards of the system which will prevent abuse and theft of gasoline. There was a discussion regarding the system and how it can be monitored. Councilman Bogan said the concept is good, but the other companies in town should be asked to respond. Mr. McClain said this was a Sealed Bid, noting that the city had first sent out Requests for Proposals and then someone in the city said that was illegal and the Sealed Bid procedure was initiated. Mr. McClain said he was the only one to submit a proposal and he is the only one who submitted a sealed bid, because no one else in town can meet the specs set out. Don Owens said all the stations in town were specifically asked to submit proposals and bids but no one responded because we asked for high quality fuel, stating we do not use mixed or watered down fuel. Bill Hall stated that Mr. McClain is correct this was a bid, agreeing that RFPs were sent out first. Mike Halverson, 4317 Newton, (citizen) said the city should take Mr. McClain up on this, stating he (McClain) is not cutting the city any deals. Councilman Marks said he appreciated the work done by Don Owens and has been for this system from the beginning. Motion to accept the bid and to award the bid to Diamond Shamrock - Lynch; second - Marks. Motion carried with the following roll call vote: Lynch - Aye, Sharp - Aye, Agnew - Aye, Bogan - No, Marks - Aye, Manning - Aye. D. CONSIDERATION OF APPROVING RENEWAL OF A CONTRACT WITH ROY MCCORMACK AS GATE ATTENDANT AT STEWART CREEK PARK Motion to approve the contract as written - Agnew; second - Bogan. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF APPROVAL OF A BUDGETED CASH TRANSFER OF $73,000 FROM THE HAWKS ESTATE CONTINGENCY FUND TO THE GENERAL FUND Motion to approve the transfer of funds as reco~nmended; $28,000 from the Hawks Estate contingency to the General Fund for payment of the Management Study and $45,000 from the Radio Fund Account (originally transferred from the Hawks Estate Contingency Fund) for the annual debt service payment on the 800 Mhz Radio System - Agnew; second - Bogan. Motion carried with a unanimous roll call vote. F. CONSIDERATION OF APPROVAL OF A BUDGETED CASH TRANSFER OF $500,000 FROM THE UTILITY FUND TO THE GENERAL FUND Motion to approve the transfer of flmds as recommended; $500,000 reimbursement from the Utility Operating fl~nd to the General Fund for annual overhead expense - Agnew; second - Bogan. Motion carried with a unanimous roll call vote. 8. CONSIDERATION OF AUTHORIZING $250.00 FROM THE GENERAL GOVERNMENT ACCOUNT FOR THE SURVEY AS PROPOSED BY THE ECONOMIC DEVELOPMENT TASK FORCE Mr. Larry Mattis, Clnairman of the Economic Development Task Force, addressed the council, stating the task force has been operating for about 15 months, and they need more statistical data, noting this survey will give them that needed information. Mr. Mattis said the task force is asking for $250.00 for postage to mail and have returned 350 surveys. Motion to approve the expenditure - Marks; second - Bogan. Councilman Lynch said there are some good questions in the survey but asked about the timing since Ralph Andersen and Associates are currently conducting their survey. Mayor Manning said that is for employees and this survey is for citizens to respond about their feelings of The Colony. Motion carried with a unanimous roll call vote. 9. CONSIDERATION OF FINALIZING THE CONTRACT WITH ATKINS BROTHERS CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE EASTVALE SEWER SYSTEM Mayor Manning said this was addressed at a previous meeting but no action was taken due to a tie vote of the council. Mayor Manning, who was absent at that meeting, said he was surprised to see so much time had been spent quibbling over $3800.00, stating that in his opinion, the City Manager and Mr. Atkins had reached a reasonable compromise 00459 position and that he thinks it should be approved. Mayor Manning went on to say he agrees that the project took too long, but it is done now, the time can't be corrected and nothing will be gained from prolonging this issue. Motion to approve finalizing the contract as agreed to by the City Manager and Mike Atkins; allowing 19 days for additional work and 19 days for liquidated damages amounting to $3800.00 - Agnew; second -Lynch. Councilman Marks explained the Council was concerned about the impositions placed on the some citizens and the additional 41 meters that were not found by the engineers in the beginning. The Councilman went on to say the city should get some satisfaction from the engineers regarding that issue. Mayor Manning agreed, stating he would not be happy to have Freeman-Millican and Associates, doing anymore work for the City. Councilman Sharp agreed with Councilman Marks also, stating the contractor did seem to make no effort to make up for bad weather days and complete the project on time, but he is pleased that now the city will be getting an engineer that will work for the city. Mr. Hall clarified the city will not being paying $3800.00, but will be receiving $3800.00 in liquidated damages. Councilman Bogan said his feelings have not changed: he thinks the city is entitled to the full amount. Motion carried with the following roll call vote: Lynch - Aye, Sharp - Aye, Agnew - Aye, Bogan - No, Marks - No, Manning - Aye. 10. CITY MANAGER'S REPORT 1. Golf Course - Mr. Hall has two meetings set for this week, Tuesday 5:30 at the Radisson Hotel in Dallas and Wednesday at 1:00 at the Federal Building in Ft. Worth, with the developers and the Corps of Engineers. Mayor Manning said Councihnen Bogan, Marks and Lynch are on the Golf Course committee and may want to participate in these meetings if possible. Councilman Sharp asked the status on The Colony Fliers. Bill Hall said we are waiting on written approval from the Corps, stating they have given verbal approval. Councilman Sharp said if we have verbal approval, then why can't the Fliers go on and fly at Wynnewood. All council agreed they should be allowed to fly. 2. RTC Settlement - Plan() did approve the Boundary Adjustment agreement at last Monday's council meeting. 3. School Zone Cones and Signs - Have ordered enough for all 18 school zones. Councilman Sharp said the cones in the middle of the street make you more aware of the school zone. 10 004592 With no further business to address, Mayor Manning adjourned the meeting at 9:20 p.m. APPROVED: William W. Mannin ATI'EST: Patti A. Hicks, CMC/AAE, City Secretary 'I 1