The Colony Courier-leader > News
Beer, wine sales controversy bubbles over
By BLAINE CRIMMINS, Staff writer
Following a public hearing on the matter, The Colony City Council on Monday approved a special-use permit for La Paisana Meat Market to allow the sale of beer and wine for off-premises consumption. The permit request had previously sparked concern from residents because the restaurant at 5201 S. Colony Blvd. was located next door to a day-care center.
Mayor John Dillard presented five public hearing notices from residents in the area concerned about the permit.
The Texas Alcohol and Beverage Code prohibits the sale of alcohol within 300 feet of a state-approved education facility. But as the day care in question does not have a state-approved school curriculum, the statute does not apply, Planning Director Donna Bateman said.
With that in mind, the council voted, 4-2, to approve the permit, with council members Allen Harris and Perry Schrag voting against the motion.
“We legally have no basis for denying the permit,” Harris said, despite his dissenting vote. “I personally wish they wouldn’t sell (alcohol) there, but we don’t have the legal authority to disallow it since we allow it in other locations.”
If the day-care center had been certified in Texas as a school, “then we’d have something to work with,” he said.
Discussion continued on the city’s proposed 2008-2009 budget, which included a public hearing. Finance director Rebecca Koo updated council members on changes to the budget as the result of their work session last week.
Per the council’s request, two additional full-time positions for jailors have been added to the police department’s budget. In addition, a correction was made allocating $400,000 in fund balance to capital improvements, lowering the city’s “rainy day” funds to 84 days.
No additional public hearing on the budget will be held, however public hearings on the city’s proposed tax rate of .6925 cents are scheduled for 7 p.m. Aug. 28 and Sept. 2 at City Hall.
Alongside scheduling the hearings, the council approved a motion establishing the above rate as the “not to exceed” value. In response, council member Schrag said he still hoped the rate could be lowered, “but I might be on the island on that one,” he said.
In other business, the council approved an agreement between the city and MF 5 Land Ltd. to allow the installation of 15 privately owned and maintained street lights on public rights-of-way along Sumner Drive and Arbor Hills Way. The city’s ordinance allows for the installation of three public street lights along these roadways; however, the developer has requested permission for the additional lights.
This item was originally tabled after the July 7 council meeting in order for city staff members to include additional language in the agreement related to performance and future ownership of the lights.
Council member Joel Marks asked Public Works Director Steve Eubanks if he knew of any similar types of agreements, which Eubanks did not.
“This hasn’t been done before, and the full responsibility is going to be with the developer (to maintain the lights),” Marks said. “My biggest concern is if the developer leaves … what happens to this agreement?”
Eubanks assured council members that the language in the agreement has been modified from its original form to ensure the agreement carries over regardless of the property’s owner.
Council member John Marshall expressed similar concerns regarding an agenda item authorizing the city to enter into a maintenance agreement with The Tribute Homeowners Association defining responsibilities along drainage ways in The Tribute.
According to city documents, several of the subdivisions in The Tribute include extensive water features and improvements, including small lakes. The Tribute HOA and city staff members have agreed upon terms outlining maintenance responsibilities within drainage easements and HOA property. The agreement allows The Tribute to maintain their property at the desired level of service while permitting city staff members access as needed to repair drainage components.
Eubanks said he was familiar with similar agreements in place in other cities but wasn’t aware of any instances where an HOA defaulted on its agreement. “Certainly that could happen,” he said. “I don’t know if there’s anything we could do to prevent it, should an HOA become dissolved.”
Marshall said he wasn’t concerned so long as the HOA was in the hands of the developer, but once handed over to the homeowners, “who picks up the slack” if an HOA fails to carry out its responsibilities, he asked.
The item was tabled until Sept. 15 in order for city staff members to address these and similar concerns regarding the agreement.
Following an executive session, the council removed a discussion item from the regular agenda regarding the city’s Hidden Cove Park Concessionaire Agreement with J.T. Goods Inc., which operates J.T.’s Boat Rentals. The council then voted, 4-2, to authorize the city manager to terminate the agreement with 90 days notice. Council members Schrag and Marks voted against the motion.
Also following executive session, the Council voted, 4-2, to remove Fernando Villarreal from the Planning & Zoning Commission regarding actions of the commission related to zoning case numbers SE01-0001 and Z08-0002. Council members Schrag and Jeff Connelly cast the dissenting votes.
The motion to remove Villarreal was “based on failure to follow established city ordinance policies and direction, and for overstepping the authority” of the Planning & Zoning Commission, Harris said.
The Council approved additional funding for the Chamber of Commerce’s Pirate Days event set for October. Originally, council members had authorized $45,000 in Hotel and Occupancy Tax funds for the event. Following conversations with the city’s emergency services departments, organizers determined they required an additional $24,200 in public safety costs, bringing the city’s contribution to the event to $54,200, minus $15,000 in “seed money.”
The council also approved a construction services contract with JT Dersner to replace the 30-inch northwest trunk sewer line from Main Street to the city’s wastewater treatment plant near Lake Highland Drive. The contract is for $484,184, which includes a 10 percent contingency fund.
During a recent emergency repair to the line, it was discovered that the trunk pipe was in poor condition and needs to be replaced as soon as possible, according to Public Works Department documents. Construction will include the complete replacement of the sewer line, as well as the connections to existing sewer and water lines. The project could begin as early as mid-September, with completion approximately six months thereafter.
Council member Harris expressed concern that the construction would interfere with football practices and games taking part in the nearby sports fields, and asked that the project be planned such that it would have the least amount of impact on access to the fields.
Eubanks assured the council that the construction would account for access concerns but added he had no problems moving the schedule around if required.
Council member Kirk Mikulec was absent from the meeting, as he was out of town on business. Also, with the first Monday of next month falling on Labor Day, the council’s first regular meeting of September has been moved to Tuesday, Sept. 2.
Mayor John Dillard presented five public hearing notices from residents in the area concerned about the permit.
The Texas Alcohol and Beverage Code prohibits the sale of alcohol within 300 feet of a state-approved education facility. But as the day care in question does not have a state-approved school curriculum, the statute does not apply, Planning Director Donna Bateman said.
With that in mind, the council voted, 4-2, to approve the permit, with council members Allen Harris and Perry Schrag voting against the motion.
“We legally have no basis for denying the permit,” Harris said, despite his dissenting vote. “I personally wish they wouldn’t sell (alcohol) there, but we don’t have the legal authority to disallow it since we allow it in other locations.”
If the day-care center had been certified in Texas as a school, “then we’d have something to work with,” he said.
Discussion continued on the city’s proposed 2008-2009 budget, which included a public hearing. Finance director Rebecca Koo updated council members on changes to the budget as the result of their work session last week.
Per the council’s request, two additional full-time positions for jailors have been added to the police department’s budget. In addition, a correction was made allocating $400,000 in fund balance to capital improvements, lowering the city’s “rainy day” funds to 84 days.
No additional public hearing on the budget will be held, however public hearings on the city’s proposed tax rate of .6925 cents are scheduled for 7 p.m. Aug. 28 and Sept. 2 at City Hall.
Alongside scheduling the hearings, the council approved a motion establishing the above rate as the “not to exceed” value. In response, council member Schrag said he still hoped the rate could be lowered, “but I might be on the island on that one,” he said.
In other business, the council approved an agreement between the city and MF 5 Land Ltd. to allow the installation of 15 privately owned and maintained street lights on public rights-of-way along Sumner Drive and Arbor Hills Way. The city’s ordinance allows for the installation of three public street lights along these roadways; however, the developer has requested permission for the additional lights.
This item was originally tabled after the July 7 council meeting in order for city staff members to include additional language in the agreement related to performance and future ownership of the lights.
Council member Joel Marks asked Public Works Director Steve Eubanks if he knew of any similar types of agreements, which Eubanks did not.
“This hasn’t been done before, and the full responsibility is going to be with the developer (to maintain the lights),” Marks said. “My biggest concern is if the developer leaves … what happens to this agreement?”
Eubanks assured council members that the language in the agreement has been modified from its original form to ensure the agreement carries over regardless of the property’s owner.
Council member John Marshall expressed similar concerns regarding an agenda item authorizing the city to enter into a maintenance agreement with The Tribute Homeowners Association defining responsibilities along drainage ways in The Tribute.
According to city documents, several of the subdivisions in The Tribute include extensive water features and improvements, including small lakes. The Tribute HOA and city staff members have agreed upon terms outlining maintenance responsibilities within drainage easements and HOA property. The agreement allows The Tribute to maintain their property at the desired level of service while permitting city staff members access as needed to repair drainage components.
Eubanks said he was familiar with similar agreements in place in other cities but wasn’t aware of any instances where an HOA defaulted on its agreement. “Certainly that could happen,” he said. “I don’t know if there’s anything we could do to prevent it, should an HOA become dissolved.”
Marshall said he wasn’t concerned so long as the HOA was in the hands of the developer, but once handed over to the homeowners, “who picks up the slack” if an HOA fails to carry out its responsibilities, he asked.
The item was tabled until Sept. 15 in order for city staff members to address these and similar concerns regarding the agreement.
Following an executive session, the council removed a discussion item from the regular agenda regarding the city’s Hidden Cove Park Concessionaire Agreement with J.T. Goods Inc., which operates J.T.’s Boat Rentals. The council then voted, 4-2, to authorize the city manager to terminate the agreement with 90 days notice. Council members Schrag and Marks voted against the motion.
Also following executive session, the Council voted, 4-2, to remove Fernando Villarreal from the Planning & Zoning Commission regarding actions of the commission related to zoning case numbers SE01-0001 and Z08-0002. Council members Schrag and Jeff Connelly cast the dissenting votes.
The motion to remove Villarreal was “based on failure to follow established city ordinance policies and direction, and for overstepping the authority” of the Planning & Zoning Commission, Harris said.
The Council approved additional funding for the Chamber of Commerce’s Pirate Days event set for October. Originally, council members had authorized $45,000 in Hotel and Occupancy Tax funds for the event. Following conversations with the city’s emergency services departments, organizers determined they required an additional $24,200 in public safety costs, bringing the city’s contribution to the event to $54,200, minus $15,000 in “seed money.”
The council also approved a construction services contract with JT Dersner to replace the 30-inch northwest trunk sewer line from Main Street to the city’s wastewater treatment plant near Lake Highland Drive. The contract is for $484,184, which includes a 10 percent contingency fund.
During a recent emergency repair to the line, it was discovered that the trunk pipe was in poor condition and needs to be replaced as soon as possible, according to Public Works Department documents. Construction will include the complete replacement of the sewer line, as well as the connections to existing sewer and water lines. The project could begin as early as mid-September, with completion approximately six months thereafter.
Council member Harris expressed concern that the construction would interfere with football practices and games taking part in the nearby sports fields, and asked that the project be planned such that it would have the least amount of impact on access to the fields.
Eubanks assured the council that the construction would account for access concerns but added he had no problems moving the schedule around if required.
Council member Kirk Mikulec was absent from the meeting, as he was out of town on business. Also, with the first Monday of next month falling on Labor Day, the council’s first regular meeting of September has been moved to Tuesday, Sept. 2.
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