Loading...
HomeMy WebLinkAbout08/03/1991 City Council 0040, , MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 5, 1991 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 5th day of August, ]99], at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Mayor Pro-tem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Janis Alsbrook, 5077 Amhurst, read a prepared statement asking the Council to enact an ordinance to allow angle parking on the culdesac where she lives. Ms. Alsbrook presented the statement along with ]9 signatures of other residents of Amhurst to the City Secretary. Mayor Manning said this matter would be investigated by the City Manager. 3. PRESENTATION OF CERTIFICATE. OF APPRECIATION TO RACHEL VOORHIES Mayor Manning read the Certificate in its entirety as follows: PRESENTED TO RACHEL VOORHIES for her outstanding cooperative efforts in aiding the City of The Colony Police Department in apprehending a suspect in an investigation involving a stolen vehicle. Through her quick response the Police Department was able to not only clear the current investigation but two other cases of burglary. We commend you for your community spirit and willingness to help. Ms. Voorhies accepted the Certificate and thanked the Mayor. 00407 4. PRESENTATION OF EMPLOYEE AWARDS The following persons were present to receive employee recognition awards for tenure: Cassandra Douglas, Police Department - ]0 years Charmyne Crowe, Finance Department - 2 years Cami Murray, Policy Department - 8 years Other employees who will receive their awards from their Department Heads are: Sandra Mendez Long - 8 years; Jimmy Bell - 5 years; Jesse Galindo - 5 years; Andrew Hodges - 2 years; Johnny Morrow - 2 years; Elise Knox - 5 years; Rebecca Betancourt - 3 years; Johnny Lavender - 3 years; Philip Bucheister - 2 years; Michael Finney - 2 years; Jerry Young - 2 years 5. PUBLIC HEARING ON APPLICATION OF MR. GREG HAMBY FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER (SC), 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 TO OPERATE A VIDEO ARCADE: 6805 MAIN STREET SUITE 485 Motion to Open Public Hearing - Lynch; Second - gomez Motion carried - all Ayes Bob van Til advised the request is for a Specific Use Permit for the operation of a video arcade at 6805 Main St. Suite 485 in Oaks Village. Mr. van Til said 54 notices were mailed to property owners prior to the Planning & Zoning Hearing, 4 of which were returned indicating they were not in favor of the request. Mr. van Til went on to say the Planning and Zoning Gommission does recommend approval of the request by the Gouncil and that he has discussed this matter with the police department, who advised only one arcade has existed in The Colony, noting the only problems were an occasional scuffle and the confiscation of some alcoholic beverages in the parking lot. Bill Hall said his only concern was the hours of operation. Mr. Greg Hamby, owner of the property said he intends to be open the following hours: Sunday - Thursday 12 Noon to 10:00 p.m., Friday - 12 Noon to Midnight and Saturday - ]0:00 a.m. to Midnight. Councilman Gomez said there are already known problems in that parking lot and asked Mr. Hamby if he as a business owner will cooperate with the city in curbing those problems. Mr. Hamby said he is aware of those problems, citing them as one reason he wants to open this business. He said he will curb traffic of skate boards on the sidewalk and will try to help keep loitering down. Mr. Hamby note,d'he cannot be responsible for what happens away from 4 00407 his establishment. Councilman Burchard asked if anything will be sold, and Mr. Hamby advised possibly cokes, and packaged snacks. Councilman Sharp asked Mr. Hamby why he thinks his business will be successful when the only other one of its kind had gone under. Mr. Hamby said the other video arcade operated about 8 years ago. The City has grown a lot and will continue to do so. Mr. Hamby said he will invite the police into his establishment if it is necessary to cut down on potential problems. Councilman Marks said some people are concerned with the "pool hall" image. Mr. Hamby said the minimum age without a parent is 13. Persons |3 and above can come in as long as they behave. Mr. Hamby said he will not tolerate alcohol and will watch the older people, incase they try to bring it in. He said he is a good judge of age and will ask their birthday if he is in doubt. He did say he will have permission slips for parents of under age kids to sign if they so desire. Councilman Gomez said it sounds like babysitting and asked about insurance. Mr. Hamby is negotiating now with his agent regarding liability insurance. Mr. Hall said the city is not liable at all. One citizen asked if the city can shut down the business if there are problems. Mr. Hall said this is just like any other business and if the problems are recurring, they will be addressed with the owner, and if necessary the business could be closed through legal steps. Motion to close Public Hearing - Sharp; Second - Lynch Motion carried - all Ayes 6. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD ON JULY ], 8, AND 15, 1991 Councilman Lynch noted that on the July 1 meeting, item 6, Councilman Gomez is shown voting no, when he really voted Aye. Motion to approve as amended - Lynch; Second - Burchard Motion carried - Unanimous roll call vote B. CONSIDERATION OF AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS PROVIDING FOR A PUBLIC HEARING ON THE MUNICIPAL BUDGET FOR THE FISCAL YEAR OCTOBER 1, 799l THROUGH SEPTEMBER 30, 1992 Motion to approve as written - Gomez; Second - Burchard Motion carried - unanimous roll call vote C. CONSIDERATION OF AUTHORIZING A NOTICE TO PROCEED FOR THE CONSTRUCTION OF THE ANIMAL SHELTER Bill Hall said this item has been of deep concern to all staff 5 00407 and council. He noted the Notice to Proceed to Dal-Mac Construction had been held until the site preparation questions and problems had been resolved. The two main questions: compaction and sub-grade. Mr. Hall went on, last Friday after testing and samples, Randy Musser, engineer said the site needs major work and named two recommended options: 1. Excavate 4-6', removing all soil and fill with select soil. 2. Pier and Beam - 30" diameter beams to 25' deep. Mr. Hall said this site was not the best to start with and originally DBA had proposed a slab on grade, which would have probably worked and lasted for years, noting the Utility Building has been there for 14 years. Mr. Hall noted, however, that since the soil testing had been done and it is known that the PSI is not recommended for slab on grade foundation~ then the architect or the engineer will not sign on the plans for such. Brian Moore (architect), Randy Musser (engineer) and John McAnally (Dal-Mac) were present to answer questions. Mr. Hall asked why the difference in the quote this afternoon of $13,200 for the pier and beam and the letter this evening quoting $14,253.00 for the same thing. Mr. McAnally responded that $13,200 was the actual cost difference but did not include additional bonding fees and construction fees. Mr. Hall asked if a proposal has been prepared for the excavation and fill option. Mr. McAnally said it would be around $9000.00, approximately $5000.00 less that the other option. Mr. Moore responded to the Mayor's question regarding varying price quotes, stating he had nothing to do with the site work. Mr. Moore said the original design was done without a soil report, based on what information was available. Mr. Moore said now that the soil report is in, the project must be changed to meet the requirements~ going on to say there are things that come up during projects that require change. Mr. McAnally explained the estimated cost on the excavate and fill option is $9000.00, which would then allow the slab on grade foundation to be used. When the Mayor asked Mr. Musser if he would sign off on the plans using that option, Mr. Musser said he cannot seal another's work and noted the slab on grade as it is now will have to be redesigned to meet the requirements per the soil tests. Mr. Moore said the redesign is included in the estimate of $9000.00. Councilman Therio asked if enough area would be excavated to allow for expansion. Mr. McAnally said no. Mr. McAnally said he would get with the architect and engineer and get this in writing in the form of a Change Order to the project, noting the $9000.00 is an estimate. Councilman Gomez said the Council should insist on a turn key proposal on the next project~ going on to say we should spend the money to do the job right. Mr. Hall said the project is budgeted at $150,000; the original bid was $133,000, plus these two options it will increase to either $147,000 or $142,000 and asked Mr. Moore about re-design 6 costs. Mr. Moore estimated $]300-]400. Councilman Sharp agreed with Councilman Gomez, noting we are still under budget and should get on with it. Mayor Manning recommended the $9000.00 option. Mr. Hall said the Council should approve the Notice to Proceed tonight, then the change order can be brought back, and recommended the council place a cap on the change order amount. Mr. McAnally reminded the council that until he gets the construction costs, he can't say exact cost. Motion to authorize Notice to Proceed and place a cap on the Change Order not to exceed $10,000 -Gomez; Second - Sharp Mr. Moore noted the cost cannot be guaranteed. Mayor Manning said the city is trying to move ahead with the project. Mr. Moore stated the change order will have to come back to council so there is no need to put a cap on it. Mayor Manning said there will be no open ended approval. Mr. McAnally said the cost may be under $9000.00 but he won't know until he gets the documents. Councilman Gomez called the question which passed with all Ayes. Motion carried - following vote: Lynch - No; Sharp - Aye; Therio - Aye; Burchard - No; Gomez - Aye; Marks - Aye; Manning - Aye 7. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES GRANTING AND APPROVING A SPECIFIC USE PERMIT ON THE BELOW DESCRIBED PROPERTY~ CURRENTLY ZONED SHOPPING CENTER (SC), FOR THE OPERATION OF A VIDEO ARCADE 6805 MAIN STREET SUITE 485 Motion to approve as written - Lynch; Second - Burchard Bill Hall advised this is the ordinance to grant the Specific Use Permit to operate the video arcade. Mayor Manning noted he is uncomfortable with hours past ]0:00 p.m. Motion to amend the motion, to include hours of operation in the ordinance as part of the S.U.P. - Gomez; Second - Burchard Motion carried - following vote: Lynch - Aye; Sharp - Aye; Therio - Aye; Burchard - Aye; Gomez - Aye; Marks - No; Manning - No Original Motion carried - following vote: Lynch - Aye; Sharp - Aye; Therio - Aye; Burchard - Aye; Gomez - Aye; Marks - No; Manning - No 7 OO407° 8. FIRST READING OF AN ORDINANCE AMENDING THE ENGINEERING DESIGN MANUAL OF THE CITY OF THE COLONY RELATING TO WIDTH OF SIDEWALKS Bill Hall said there has been some concern regarding current 5' requirement for commercial, noting some businesses have 4' sidewalks, which will cause inconsistency if this ordinance is not amended. Bob van Til explained the width of sidewalks is noted in Section 2-04 of the Engineering Design Manual and quoted the requirements from the manual. Mr. van Til stated the origins for these are related to the following planning standards: l. Generally, in all cases the sidewalk width must be at least four feet~ regardless of the development 2. The over hang of parked vehicles' front-ends over the sidewalk. 3. Width of the right-of-way. 4. Closeness of the sidewalk to high speed vehicles. (road) Going on~ Mr. van Til noted that unusual circumstances or special designs requiring variance from the standards...may be approved by the Director of Public Works. There followed a lengthy discussion regarding the whys and hows of this issue. Councilman Burchard said he would like to see 5' sidewalks required in new commercial development and asked it to be included in the second reading of the ordinance. Councilman Gomez concurred. 9. FIRST READING OF AN ORDINANCE AMENDING SECTION ]0-2 (C,5) RELATING TO PERMITTED HOURS OF CONSTRUCTION IN THE CITY OF THE COLONY Bill Hall said there are discrepancies between our Code, the AIA standard contract and the Engineering Design Manual, noting this ordinance is to bring our Code into compliance with the Design Manual. Motion to approve - Gomez; Second - Marks Councilman Burchard said this will allow construction until 9:00 in the summertime and stated that 6:00 p.m. would be a good time to stop. Councilman Gomez said we could approve this now and bring Code into Compliance, then amend the Design Manual later. Councilman Lynch said not enough facts were given, ie~ no copy of the Design Manual. Councilman Sharp asked if the city is going back to the Blue Law, telling people when to work. It was agreed more work was needed on the ordinance. Motion rescinded - Gomez/Marks 10. RECEIVE PRESENTATION FROM MR BOB VAN TIL REGARDING THE SMALL 8 oo o 6 BUSINESS INCUBATOR PROGRAM Mr. van Til advised this is a program designed to help small businesses with expansion and this presentation is about the possibility of renovating Fire Station No. 3 in Eastvale and operating a Small Business Incubator there. An incubator is a facility that provides small, entrepreneurial businesses with affordable space, shared support services, and business development services such as; financing, marketing, and management. Going on, Mr. van Til said all are aware The Colony's local business profile is made up primarily of small businesses that cater to the service sector. The largest employers in the city are LISD, the City, F & J~ grocery chains, and real estate businesses. Mr. van Til noted, however, the majority of employees are retained by small businesses (25 employees or less). Mr. van Til gave some facts compiled by NATIONAL BUSINESS INCUBATION ASSOCIATION (NBIA)~ SMALL BUSINESS ADMINISTRATION (SBA) AND THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY (MIT) relating to the role small businesses play in the U.S. economy. Then Mr. van Til proceeded to explain how the incubation program works, how it has grown in recent years, the Texas SBA~ etc. He said by starting this program the benefits listed below are projected: Job creation~ added wealth to the community~ sales tax, diversification of economy, expanded tax base, investment opportunities and additional markets. Mr van Til went on to explain that the proposal is to renovate the old fire station and charge a modest rent. He said a Small Business Advisory Council should be appointed and overseen by the Council, which will oversee the operation and administration of the incubator. The SBA Council will provide advice and assistance to tenants~ administer loans~ review prospective tenants, oversee the maintenance of the building and promote the program. Mr van Til concluded by stating he feels confident the program will be of great benefit to the business community and the City, adding that with Council support, staff will proceed with preparations to initiate the program. He said the next step will be to meet with the Chamber of Commerce and enlist their support. Councilman Lynch asked about present turn over rate and if the value of the fire station could be used as our part of the matching grant. Mr. van Til advised the rate is about 10-15% and he does not think the building could be used. Councilman Lynch also asked about the budget to renovate and if businesses have to stay in The Colony. Mr. van Til said the cost will be about $6000.00 and that staying in The Colony is a part of the program. Bill Hall said another aspect is once the building is renovated and tenants move in~ there is revenue to tbe city which will offset some of the capital outlay. He suggested that perhaps a contractor could take part in the program and do the renovation at the same time. Councilman Marks asked if it is normal to use a city facility and Mr. van Til said often the facilities are provided by educational institutions, noting that very few are city 9 00407',' facilities . l l. COUNCIL COMMITTEE REPORTS No Reports. Mayor Manning addressed the newly disbursed list of Council Committees and Board Liaisons. He said some committees have been deleted, because he sees no sense in having committees for no reason. Mayor Manning said he will be happy to discuss any appointments with anyone later. Motion to approve the appointments - Therio; Second - Gomez Councilman Lynch asked why he was no longer the liaison for P & Z. Mayor Manning said he felt Councilman Sharp's experience with P & Z would be beneficial. Motion carried - unanimous roll call vote. 12. CITY MANAGER'S REPORT 1. The Colony Youth Football Association is concerned about playing on the new fields with such young grass and have offered to play at Bridges again this year to give the grass one more year's growth. 2. Fire works donations - We can add this to the water bill for donations by residents. They would have to sign an agreement. Discussion regarding putting the signature line on the bill itself. Councilman Marks asked if city should collect money for Jaycees to use or should the Jaycees merely be co-sponsors. Mayor Manning said it may not be prudent for the City to collect money for a private organization and asked Mr. Hall to investigate. There was a discussion regarding setting a cap on the amount to be spent on fireworks. Councilman Burchard said he definitely does not want this item in the budget and a cap is not necessary, the citizens will regulate it by their donations. 3. There are problems with city land lease agreements. Several lease holders are in violation or about to be and Mr. Hall sees no end. Mr. Hall suggests no longer leasing the property and converting current leases to sales~ noting the property must be advertised for bid before it can be sold. Councilman Burchard said these are 15 year contracts with a 5 year review period and ~uncil- man ~omez said to investigate this and bring it back on the agenda. 4. Special Projects Coordinator - 9 applicants. 3 were screened an~ '- ~'viewed by Bill Hall, Katherine Martinez and Sylvia Brantley. Margaret Burkett was selected and will start on Tuesday or Wednesday. Ms. Burkett is the current chamber executive secretary. 10 5. Water Wells on private property. There are some problems with the wells. There is at least one that is in violation. Mr. Hall will follow-up. 6. Tommy Turner gave a brief update on the sewer construction project in Eastvale. With respect to the gas leak problem, the owner has not been contacted by the Texas Water Commission as to what needs to be done. The estimated cost to the owner to correct the problem is $40-50 thousand. 7. $]0.25 is due to Mr. Hall by tomorrow if council wants their name to appear in The Colony High School Cougar football programs. ~With no further business to address, Mayor Manning adjourned the meeting at ]0:34 p.m. APPROVED: _ William W. Manning, May~ ATTEST: Patti A. Hicks, City Secretary