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HomeMy WebLinkAbout06/01/1992 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 1, 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 1st day of June, 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 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 David Williford, 4165 Newton, representing the Colony Flyers R.C. Club, said the group is very frustrated and disappointed with the City, stating they (Club) have been talking to P & R and the Council for 3 years in an effort to get a field on which to fly their R.C. planes and there is nothing to show for it. Mr. Williford said this is a family oriented hobby and would be an asset to the City, going on he said the Club does not want to be a burden to the City. He said they are currently still flying on Corps of Engineer property because they have apparently exhausted all avenues with the City. Mr. Williford said if there was a place in The Colony there would be around 30 participating members and that since Dallas is about to lose their field in Frisco, those 120 members would probably come to The Colony bringing in revenues for the City. 3. CONSIDERATION OF AN ORDINANCE CANVASSING AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY ON MAY 30, 1992 Mayor Manning read the caption and results of the run-off election as follows: ON ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A RUN-OFF ELECTION HELD IN SAID CITY ON THE 30TH DAY OF MAY, 1992, FOR THE PURPOSE OF ELECTING ONE COUNCILMEMBER FOR SAID CITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 3 004 7 WHEREAS, the election returns duly and legally made showed that there were cast at said election 409 valid and legal votes, and that each of the candidates in said election received the following votes: FOR COUNCILMAN PLACE 4 Rob Burchard 190 Tom Bogan 219 Motion to approve the ordinance as written - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. 4. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED COUNCILMAN PLACE 4 City Secretary, Patti Hicks administered the Oath of Office to newly election Councilman Place 4, Tom Bogan. Councilman Bogan then took his place at the dais. 5. ELECTION OF MAYOR PRO-TEM Councilman Sharp nominated Councilman Marks to serve as Mayor Pro-tem. Councilman Agnew seconded the motion. There were no further nominations. Councilman - - Marks was elected by a unanimous roll call vote. 6. APPOINTMENT OF MEMBER OF COUNCIL TO SERVE AS VOTING REPRESENTATIVE TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Motion to appoint Councilman Marks as the Voting Representative for the North Central Texas Council of Governments - Lynch; Second - Sharp. Motion carried with a unanimous roll call vote. 7. PUBLIC HEARING ON APPLICATION OF CASA BONITA, INC. (TACO BUENO) REQUESTING A ZONING CHANGE ON PROPERTY CURRENTLY ZONED GENERAL RETAIL, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY AMENDED TO GRANT A SPECIFIC USE PERMIT AT THE FOLLOWING DESCRIBED PROPERTY FOR THE SALE OF BEER, AND WINE FOR ON-PREMISE CONSUMPTION 4904 MAIN STREET Motion to open the Public Hearing - Lynch; Second - Marks. All Ayes. 4 00 371 Tony Graves Area Supervisor for Casa Bonita, Inc. (Taco Bueno) addressed the council regarding the request to sell beer and wine, noting this is a departure from their normal fare. Mr. Graves said this would be an experiment, going on to say the service would be from 4:00 p.m. to 10:00 p.m. in the patio area of the restaurant. He said two persons would serve the customers. Mr. Graves said the servers will be trained and one of them would be on the patio at all times to maintain control. Councilman Sharp asked if alcohol could be purchased over the counter. Mr. Graves said no one would be turned away from the counter but they would be told that they could be served out on the patio. Councilman Bogan said he understands that if alcohol is ordered at the counter then it will be taken to the patio. Another representative of Casa Bonita, Inc. said the alcohol menu will be limited to 3 or 4 different beers and a wine based marguerita, noting there will be no liquor on the premises, and stated that all will be served on the patio. He did say the company has considered hiring off-duty police officers at first to be sure all goes smoothly. Going on, he said the company wants to see if this concept will work before going into other locations. Councilman Lynch asked if this is successful, will the company have to come back for another SUP so they can serve alcohol inside. Mr. Hall advised the SUP is for the entire restaurant. Rob Bauman, 4173 Newton thanked the company for considering The Colony for their test program. Councilman Marks asked if people not drinking alcohol would be able to sit on the patio, also stating this could not really be limited to the patio. The company rep said that if someone does want to sit inside and have alcohol, of course they will be allowed to do so, but the emphasis will be on serving alcohol out on the patio. Going on, he said the drinks will always be served to a table, never over the counter or at the drive through. Motion to close the Public Hearing - Marks; Second - Lynch. All Ayes 8. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. A. CONSIDERATION OF THE MINUTES OF THE COUNCIL MEETINGS HELD ON MAY 4 AND MAY 11, 1992 Mayor Manning noted there would be an automatic abstention for those new Councilmembers who were not present at these particular meetings, but that they should go ahead and vote Aye. Motion to approve the minutes as written - Marks; Second - Lynch. Motion carried with a unanimous roll call vote. B. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY BY 5 004372 AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY GRANTING AND APPROVING A .... SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR ON- PREMISE CONSUMPTION AT THE BELOW DESCRIBED PROPERTY 4904 MAIN STREET Motion to approve the ordinance as written - Marks; Second - Lynch. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE REPAIR OF STEWART CREEK ROAD (SPARKS ROAD) AND THE APPROVAL OF AN ORDINANCE AUTHORIZING THE CONTRACT FOR SAME Councilman Marks asked how long this project would take. Sylvia Brantley advised, weather permitting, this would be a one day project. Motion to accept the bids for the repair of Stewart Creek Park Road and to award to Glen Polk in the amount of $9327.77 as recommended and to approve the ordinance as written - Marks; Second - Lynch. Motion carried with a unanimous roll call vote. 10. CONSIDERATION OF A CONTRACT WITH CARTER AND BURGESS, INC. FOR THE DESIGN OF THE NORTHEAST REGIONAL PARK Mr. Hall advised the City has been working with Carter and Burgess for some time to receive a grant to develop the Northeast Regional park. Mr. Hall went on to say the grant has now been approved and it is time to approve a contract for the design of the park, and that staff does recommend continuing with Carter and Burgess for that phase of the development. Mr. Dennis Jerke with Carter and Burgess introduced Larry O'Flynn who will be the project manager for the development of the park. After a brief discussion, Motion to approve the contract with Carter and Burgess - Agnew; Second - Bogan. Motion carried with a unanimous roll call vote. 9. RECEIVE PRESENTATION FROM THE COLONY 2000 COMMITTEE REGARDING A 1/2 CENT SALES TAX FOR ECONOMIC DEVELOPMENT Mr. Hall said The Colony 2000 is a committee of the Chamber of Commerce which was established to assist in bringing economic development into the City. Paul Tidwell, Chairman of The Colony 2000 appointed a sub-committee to work on sales tax for economic development. Mr. Dick Weaver, member of the sub-committee introduced the other members - 6 present; Paul Tidwell, C.E.O. and President of The Colony Bank, John Gordon, President of the Chamber of Commerce and Bill Hall, City Manager. Mr. Weaver said this is a first, for him to recommend a tax increase, but he sees no alternative. Mr. Weaver said the tax will provide seed money to help encourage businesses to come into The Colony and thereby eventually reducing the ad valorem tax rate. Mr. Weaver said The Colony 2000 is requesting the Council to call a special election for August 8, 1992 to adopt a 1/2 cent sales tax for economic development. Mr. Weaver said if the tax is approved, then The Colony Economic Development Corporation will be established, noting the members of the Corporation will be appointed by and serve at the pleasure of the City Council. Mr. Weaver said it is suggested that if approved, the tax be limited to 5 years, and noted that the Corporation would have no borrowing power. He did say 10% of the money can be used for promotion, advising that a promotional video is being done now, at the expense of the Chamber hoping the City can help with that cost. Going on, Mr. Weaver said Frisco has already passed this tax and said without money nothing can be done for economic development. Councilman Sharp asked if this ties in with the Small Business Incubator Program. Paul Tidwell said it doesn't now, but it certainly could. Mr. Tidwell said the council will appoint the members of the Corporation and the Corporation will then decide how and what will be done. Mr. Tidwell went on to say the tax can be dismantled at any time before the 5 years is up, if it is decided the program is not working. Going on, Mr. Tidwell said we can only tell you what the corporation can do, not what it will do. He said a business park can be developed, infrastructure can be put in for small businesses, loans can be made to small businesses, etc. Mr. Tidwell said at the current tax rate, 1.5 million dollars can be raised and some significant things could be done with that amount of money. 11. CONSIDERATION OF RECOMMENDATION FOR LOCATION OF THE JULY 4TH FIREWORKS DISPLAY Mr. Hall advised The Colony Jaycees who are sponsoring the event this year have requested to hold the display at Stewart Creek Park, and that staff does not recommend holding it there due to traffic congestion and safety considerations. Mr. Hall noted this had been postponed from the May 18, 1992 council agenda. Mr. Hall said he had spoken with Clayton Downing, with L.I.S.D. who indicated that if the Jaycees requested use of The Colony High School football stadium there would be no problem with that location for the display. Mr. Hall said the police dePartment had run a survey of cars in the park and determined 400 would be a safe number and still allow room for emergency vehicles to get in and out. Mr. Hall said he has spoken to a representative of the Jaycees and stated the City staffs position,, going on, he said if the display is allowed in the park, then parking outside will have to be provided. Councilman Bogan asked when the city became aware of the request. Bill Hall said we were aware as of last July 4, after the display was held in the park, it was apparent there were many traffic problems. Mr. Hall said in mid-March of this year the city staff met with the Jaycees to go over the plans and our concerns were expressed at that time, noting that 7 004374 he feels it is the city's responsibility to address safety items. Councilman Sharp asked how many people it would take to man barricades at N. Colony Blvd. and Ethridge to keep people from entering the park after it was full. Bill Hall estimated 3 people plus one police officer and police vehicle. Beverly Smith with the Jaycees said they would provide 3 people to help. Councilman Lynch suggested there would be more people needed in the park to ensure that everyone inside can park in such a manner that they can get back out easily. Mr. Hall 'suggested that city personnel not be used exclusively. Mayor Manning expressed great concern over holding the display at the Park. Councilman Dillard asked how many volunteers the Jaycees will have to help with traffic. Mayor Manning said a decision needs to be made tonight regarding this issue. Motion to allow the display at the park with Jaycees providing traffic control personnel - Bogan; Second - Dillard. Councilman Lynch noted this would limit the number of people to see the display and suggested everyone think about the number of persons that can readily be seated at the stadium. Councilman Marks stated we (the council) are not against the organizations, but we are interested in safety, going on to say there are 3 entrances/exits into the stadium and only one into the park. Councilman Marks said in the future this needs to be left to staff. Councilman Sharp said he thinks these problems could have been solved earlier with proper communication. Councilman Agnew asked Ms. Smith what the financial impact on the display would be. Ms. Smith said they could have it this year, but might lose their sponsors for next year if the display is not held at the park. Motion failed with the following vote: Lynch - No; Sharp - Abstain; Agnew - No; Bogan - Aye; Dillard - Aye; Marks - No; Manning - No. Mayor Manning directed staff to help the Jaycees with an alternate location. 12. CONSIDERATION OF A CHANGE ORDER WITH ATKINS BROTHERS CONSTRUCTION, COMPANY ON THE EASTVALE SEWER SYSTEM PROJECT Mr. Hall advised the Council that staff recommends postponing action on this item until the project is complete, then adding the total number of weather days since completion of the contract. Motion to postpone until completion of the project - Sharp; Second - Marks. All agreed this item should be brought back as soon as possible after completion of the project. Tommy Turner briefed the council on progress of the project and said the contractor believes he will be finished by June 30, 1992. 8 00437 Motion carried with a unanimous roll call vote. 13. CONSIDERATION OF AUTHORIZING A SUBSIDY FOR CERTAIN RESIDENTS TO CONNECT TO THE CITY SEWER SYSTEM Mr. Hall stated this is being brought back from the May 18 meeting, noting this item is to consider a subsidy for those residents in the Eastvale subdivision facing unusual and non-customary costs to tie on to the new sewer system. An extensive tour of the area has been made with special emphasis on the 6 problem connections mentioned at the previous meeting. Of the 6 we found that two of the homes are unoccupied and have been for over 2 years. In light of this, Mr. Hall said only 4 of the residences will be considered for any type of subsidy. Mr. Hall said the average cost of connection has been $950.00, therefore staff is recommending that a maximum subsidy of $1000.00 be allowed. Mr. Hall outlined the following procedure to be used if Council agrees to allow the subsidies: A. The resident present three (3) contractor estimates for City review, prior to start of construction. B. The lowest and best bid be accepted. C. A subsidy "loan" be established in an amount not to exceed $1000.00. D. The maximum term of this loan be established at 18 months; i.e., $55.55/month on $1000.00 E. The resident execute the City's existing "Extended Payment Agreement". Councilman Agnew asked if this would be allowed on all four eligible homes or only if needed. Mr. Hall said is it recommended these four homes only be considered, and the homeowners will have to approach the city and ask for the loan. He said this should not be extended to any other properties, although he did state there are probably other residents that could use this type loan, he would not recommend that the City base the subsidy on income. Councilman Marks asked if there are any county funds which could help people in hardship cases, and Mr. Hall said that would be checked into. Motion to allow the subsidy as recommended - Lynch; Second - Bogan. Motion carried with a unanimous roll call vote. 14. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6, BY ADDING ARTICLE VIII RELATING TO REGISTRATION OF CONTRACTORS Mayor Manning read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 6, BY ADDING ARTICLE VIII RELATING TO 004376 REGISTRATION OF CONTRACTORS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN -- EMERGENCY AND PROVIDING AN EFFECTIVE DATE The Mayor then noted this ordinance was postponed from the May 18 meeting, noting that he is concerned with the insurance requirement that was added, noting that it appears to him that the city would be taking a position of approving the contractor. Mr. Hall stated that registering the contractors does not guarantee that the contractor is reputable, that the contractor is registered with the state or that they pay state sales tax. Mr. Hall itemized the changes that were made to the ordinance after the last meeting: 1. Section 6-133 the words any person were changed to read contractor for hire. 2. Section 6-135: (a) Sales Tax Number is required. (4) The word revise is changed to update. Proof of current contractor liability insurance is added. Mr. Hall then outlined the research done with regard to the liability insurance requirement, advising the council, that the requirements varies greatly in the cities surveyed. Going on, Mr. Hall said McKinney requires a $300,000 liability policy for electrical contractors, $20,000 liability for sign contractors, HVAC contractors must provide proof of liability and no liability' insurance is required of plumbing contractors. Mr. Hall said the City of Lewisville requires electrical and plumbing contractors to register and provide a ...... $1000 bond or liability insurance. Mr. Hall said that although liability requirements for private projects is not widely practiced, the requirement for specific contractor's liability or bonding is widely accepted, with ranges from $1000 to $20,000 to $300,000. Councilman Marks said it seems the city could be held responsible for additional coverage and asked if it is really our responsibility to require proof of insurance from contractors on private residential projects. Bill Hall advised it is not our responsibility and noted that due to this requirement, contractors may have to increase their cost to the homeowner to cover the requirements by the city. Motion to approve the ordinance with all changes except the requirement for proof of liability insurance - Marks; Second - Sharp. Councilman Dillard said the homeowners may ask the City why we did not require proof of insurance. Councilman Bogan said he does not think it is the city's responsibility to require proof of insurance. Councilman Lynch said the memorandum says cities do require insurance, but Mr. Hall said they do not. Mr. Hall explained that no city requires carte blanche insurance, but they do require specific contractors to carry certain amounts of coverage. Councilman Lynch said he doesn't see how we cannot require something. Councilman Bogan said there is a difference between liability and performance bonds. Don Amick, 5021 Walker, said if the electrical contractor is registered with the city - 10 004377 and a house burns due to his work, is there not an implied liability back on the City. Mayor Manning said he did not believe it was the city's responsibility. The motion then carried with the following vote: Lynch - No; Sharp - Aye; Aguew - Aye; Bogan - Aye; Dillard - No; Marks - Aye; Manning - Aye. 15. CONSIDERATION OF APPROVING NEW GUIDELINES FOR THE LEASE OF CITY OWNED PROPERTY Mayor Manning asked Mr. Hall not to cover this issue again, stating the Council has 3 options to consider and asked if anyone on Council is in favor of ceasing leases all together. All agreed leases should continue. Mayor Manning then asked if storage, fences and plants should be allowed. Motion to approve the new guidelines as follows: 1. No storage of anything on the property 2. 4' .fence only, wooden split rail or "country~ type 3. 25' easement across the rear to allow public access 4. Land must be contiguous to the lessor's property - Sharp; Second - Agnew. Motion to amend the original motion by allowing the public to cross the property - Bogan; No second. Motion died. Councilman Lynch asked if the wording on the lease is going to change and Mr. Hall said depending on the changes made tonight, the lease agreement will be amended to meet those conditions. Councilman Lynch wanted it to be made clear that these new guidelines are for new leases only and that the existing four (4) leases will not be effected by these changes. Original motion carried with all members voting Aye with the exception of Councilman Marks who voted No. 16. COUNCIL COMMIT'FEE REPORTS - None 17. CITY MANAGER'S REPORT - None With no further business to address, Mayor Manning adjourned the meeting at 10:15 p.m. 11 004378 William W. Manning, Mayor '~. ATrEST: Patti A. Hicks, CMC, City Secretary 12