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HomeMy WebLinkAbout08/20/2001 City Council 08/20/2001 MINUTES OF REGULAR SESSION OF COUNCIL HE~LD ON AUGUST 20, 2001 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 20th day of August 2001, at City Hall with the following roll call: Bernetta Henville-Shannon, Mayor Present John Gordon, Councilmember Present Lewis Jue, Councilmember Present David Stanwick, Councilmember Present A1 Garcia, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with seven members present a quorum was established and the following items were addressed: I 1.0 t ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I Call to Order Invocation - Larry Thomas, Trinity Presbyterian Church Scout Troop g621 presented the United States and Texas Flags Pledge of Allegiance to the United States Flag Salute to the Texas Flag Receive presentation from VFW Steve Cannell, Post Commander and Johnny Bulen member of the Lewisville VFW, presented the City of the Colony and The Colony Masonic Lodge with Certificates of Appreciation for the support of veterans shown over the past few years. They also presented a book about veterans to The Colony Public Library. Mayoral Proclamations National Payroll Week - Mayor Henville-Shannon read the proclamation in its entirety. Jackie Carroll and Charmyne Crowe received the proclamation. 1.1 Citizen Input Sue Walden, 5081 Avery Lane, announced that she is looking for judges for the BBQ Cook-off. She also advised that she is now able to use community service workers in the CHAMPS program. Melvina Sparks, 5629 Painter, expressed her disappointment with the inaction of the city council regarding the investigation conducted by former Fire Marshal Dave Wallace. 12.0 I CONSENT AGENDA I 2.1 Consideration of approval of the minutes of the council meetings held July 30, August 6, and 13, 2001 Motion to approve as written-Stanwick; second-Dillard, carried with all ayes 2.2 Consideration of approval of a resolution requesting that the United States Postal Service unify all lands within the city limits of The Colony under zip code 75056 Joyce Fulco, 4712 Clover Valley, asked why we would want to make our city all one zip code and who proposed this action. Motion to approve the resolution as written-Kovatch; second-Dillard, carried with all ayes. 2.3 Consideration of approval of council expenditures Motion to postpone until September 10, 2001 for clarification of one item--Stanwick; second- Dillard, carried with the following vote: 00753o 08/20/2001 .dyes - Gordon, Jue, Stanwick, Garcia, Dillard, Henville-Shannon No - Kovatch 2.4 Consideration of repealing the action taken on July 16, 2001 to authorize the construction of an additional right turn lane at the intersection of Morningstar and SH 121 Councilmember Jue asked what would happen to monies not spent, which were allocated for this project. Mr. Cheatham explained they would remain in the General Fund Reserve. Motion to approve as recommended-Jue; second-Dillard, carried with all ayes. ~ 3.0 I REGULAR AGENDA: l 3.1 Public Hearing regarding the municipal FY 2001-2002 Mayor Henville-Shannon opened the public hearing. There being no input, the mayor closed the public hearing. 3.2 Public Hearing on application of Lakeview Operating Partners, L.P. requesting approval of a Specific Use Permit to allow for the sale of beer, wine and liquor for on-premise consumption in a restaurant (Stan's Lakeview Taphouse and Grill), located in the General Retail "GR" zoning district classification located at 4847 Main Street; and Consideration of approval of an ordinance granting the specific use permit and the site plan as presented Mayor Henville-Shannon opstied the public hearing. Harry Persaud gave a brief summary of the project. Councilmember Dillard asked about the noise barrier that Ridgepointe residents have requested. Mr. Persaud stated the owner is installing an 8' wooden, board-on-board fence along the south side of the patio along with shrubbery, which should absorb much of the sound. He further stated that until the 3~ lot in the area developed, the noise barrier along the north side of the Ridgepointe area could not be installed. Mayor Henville-Shannon closed the public hearing. Motion to approve with staff and P&Z stipulations-Stanwick; second-Kovatch, carried with the following vote: Ayes - Gordon, Jue, Stanwick, Garcia, Kovatch, Henville-Shannon No - Dillard 3.3 Receive report and consideration of approving the exclusion of the use of fibereement lap siding 0tardiboard) from the masonry content of exterior walls for development in the SH 121 Gateway Overlay District Mr. Persaud gave a report on the content of hardiboard/hardiplank (fibrocement). He explained that according to our SH 121 Gateway Overlay standards, this type of product is not allowed for exterior surfaces. Mike McDaniel, the owner of Golden Corral addressed the council, stating that he understands why the city wants to maintain the attractive entrance to the city by enforcing the 121 standards. He said Golden Corral Corp. has adopted hardiboard as a standard and that he believes he has met all the standards of the city. He said hardiboard is 100% cement. He asked the council to permit him to use the hardiboard, which would allow him to open in 3 weeks. He said using EFIS instead of hardiboard would cost an additional $40,000. Councilmember Kovatch asked if the definition of masonry is the same in the ordinance as it is in the guidelines. Mr. Persaud explained they are the same and that Mr. McDaniel did not comply with the ordinance. Councilmember Kovatch pointed out that the description of hardiboard says it is flammable and that a flammable material would not be considered masonry. Mr. Gordon Hikel, city attorney, cautioned the council about waiving the requirement for one -- project, advising it could cause problems for future development. Councilmember Stanwick suggested that the ordinance be re-written so it covers all products w/th a specific list of acceptable materials. Mr. Cheatham advised staff will bring this back in ordinance form. Mr. Cheatham stated that staff understands 00783,:, 08/20/2001 the council's direction that hardiboard is not to be included in the list (of acceptable materials). Mr. Persaud further explained that EFIS is allowed by another section of the ordinance. Motion to direct staff to develop an ordinance outlining specific building materials to be used in the 121 Gateway Overlay District-Stanwick; second- Kovatch carried with all ayes. [ 4.0 CITY MANAGER AND STAFF REPORTS ] 4.1 Receive report regarding the status of Five Star, the multi-sports complex Pam Nelson gave a report on the status of the proposed complex, handing out preliminary plans for their information and review. With no further business to address, the meeting was adjourned at 8:35 p.m. APPROVED: ATTEST: Patti A. Hicks, TRMC, City ~ecretary