HomeMy WebLinkAbout10/15/2001 City Council 10/15/2001
MINUTES OF THE REGULAR SESSION OF COUNCIL
HELD ON
OCTOBER 15, 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 15th of October 2001 at City Hall with the following council 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 Absent
1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I
Call to Order
Invocation - Councilmember Lewis Jue
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Receive presentation regarding Fire Fest
1.1 Mayoral Comments
· Encouraged residents to shop in The Colony
· Announced food drive for Christian Community Action on October 20 & 21,2001
· Texas Legislature passed SB 5 regarding emergency efficiency
· Emergency Preparedness in The Colony is in order
· There were no injuries from the storm on October 12, 2001
1.2 Citizen Input
Lewis Jue, 3751 Main Street, thanked the Public Works Department, [ESI and others for their
help in clean-up following the October 12th storm. He said he visited the areas and those residents
asked him to express their thanks. He said all the neighbors in the affected areas pitched in and
helped each other and that they are to be commended.
12,0 I CONSENT AGENDA ]
2.1 Consideration of approval of the minutes of the council meeting held October 1, 2001
Motion to approve the minutes as written - Stanwick; second- Garcia, carried with all ayes.
2.2 Consideration of approval of an ordinance renewing the contractual agreement with
Metroplex Medical Services for the provision of medical control to The Colony Fire
Department
Motion to approve the ordinance as written - $tanwick; second- Garcia, carried with all ayes.
2.3 Consideration of authorizing Change Order No. 2 to Camino Construction, Inc. for the Five
Star Complex Storm Sewer in the amount of $62,952.00 as approved by The Colony
Community Development Board of Directors (4B)
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Motion to approve the change order as recommended - Stanwick; second - Garcia, carried with all
ayes.
2.4 Consideration of authorizing Change Order No. 1 to Camino Construction, Inc. for four
emergency water main repairs in the amount of $8,200.00
Motion to approve the change order as recommended- Stanwick; second- Garcia, carried with all
ayes.
2.5 Consideration of acceptance and award of bids for traffic signal at SH 121 and Morningstar
Drive to Durable Specialties in the amount of $59,619.00 and approval of an ordinance
authorizing contract for same
Motion to approve the as recommended- Stanwick; second- Garcia, carried with all ayes.
2.6 Consideration of acceptance and award of bids for the deceleration lane at SH 121 and
Morningstar Drive to Roadway Solutions, Inc. in the amount of $42,000 and approval of an
ordinance authorizing contract for same
Motion to approve the as recommended- Stanwick; second- Garcia, carried with all ayes.
2.7 Consideration of approval of a resolution supporting proposition #15 on the November 6,
2001 Constitutional Amendment election creating the Texas Mobility Fund
Motion to approve the resolution as written - Stanwick; second - Garcia, carried with all ayes.
13.0 I REGULAR AGENDA: }
3.1 Public Hearing regarding an amendment to the Comprehensive Zoning Ordinance of the
City, the same being Appendix A-Zoning, of the city's Code of Ordinances, as amended, by
amending Subsection 10B-600 providing for a definition of masonry material exterior walls
in the Gateway Overlay District "GWY" and consideration of approval of an ordinance
granting the Specific Use Permit
Mayor Henville-Shannon opened the public hearing. Harry Persaud gave a brief background on
this item, stating the ordinance contains a new definition of masonry materials. Council discussed
changing the definition by adding "materials made of 100%" masonry to eliminate any questions.
Councilmember Dillard stated that could be challenged, reminding everyone that new products come out
all the time. Mayor Henville-Shannon closed the public hearing.
Motion to approve the ordinance as written - Dillard; second- Stanwick.
Councilmember Stanwick recommended adding the words "including but not limited to" to the
3rd sentence of the definition, which would read as follows:
". .... Building materials that are made of various 'cementitious mixtures, including but not
limited to, such as fiber cement .......... "
Motion amended to include change (as stated above) - Dillard; second - Stanwick. Motion carried with
all ayes.
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3.2 Public Hearing regarding an amendment to the Comprehensive Zoning Ordinance of the
City, the same being Appendix A-Zoning, of the city's Code of Ordinances, as amended, by
amending Subsection 10C regarding regulations for radio, television, and wireless
communication facilities and consideration of approval of an ordinance granting the
Specific Use Permit
Mayor Henville-Shannon opened the public hearing. Harry Pcrsaud gave the background on this
item. Mr. Pcrsaud advised the ordinance limits the number of poles allowed and calls for spacing out of
facilities in the city. Councilmembers Stanwick and Jue questioned the number of towers allowed.
Councilmember Stanwick said we don't want towers scattered all over town.
Mr. Persaud advised thc ordinance is standard and if provider cannot get coverage in one of the
designated areas, then they can come to the city for a variance. Councilmember Stanwick said it appears
that if the ordinance is left as is, thc provider can put up a tower anywhere and we have no means of
denying thc request if they meet the requirements of the ordinance.
After much discussion, City Attorney Gordon Hikel suggested the council discuss this further in a
work session so council can review FCC rules concerning this matter.
Motion to take to a work session - Dillard; second- Jue carried with the following vote:
Ayes - Gordon, Jue, Garcia, Dillard, Henville-Shannon
No - Stanwick
3.3 Public Hearing on application of Sprint PCS, requesting approval of a Specific Use Permit
to allow for a 75 feet U.S. flagpole which will incorporate a communications antenna,
located at 6800 Main Street, The Colony and consideration of approval of an ordinance
granting the Specific Use Permit
Mayor Henville-Shannon opened the public hearing. Mr. Persaud gave a background, advising
the proposed antenna would be a 75 feet stealth antenna on a flagpole in front of City Hall. James Chapin, asked council to approve the request.
Jessie Ortiz, 5236 Arbor Glen, asked who would maintain the antenna. Mr. Persaud advised that
the lease provides that Sprint will maintain the antenna.
Oma King, 5052 Arbor Glen, asked if 100' towers would interfere with this 75' pole. Mr. Persaud
said they would not.
Leslie Wesson asked council to approve.
Mayor Henville-Shannon closed the public hearing.
Motion to approve the ordinance as written, with staff and P&Z stipulations - Stanwick; second -
Garcia carried with all ayes
3.4 Consideration of approval of an ordinance authorizing the city manager to enter into a
contract with Sprint Spectrum L.P. to lease a portion of the city's property
Mr. Persaud advised the city will receive $18,000 per year from this 25-year lease. The antenna,
which will be installed in January 2002 and completed in March 2002, will be maintained by Sprint.
Motion to approve the lease as written - Dillard; second- Stanwick, carried with all ayes.
3.5 Consideration of approval of a site plan for Colony A/C and Appliance to be located on a
0.776 acre tract, being lot 1, block 1, Kwik Kar Addition
Mr. Persaud advised that P&Z recommended approval with 6 stipulations.
10/15/2001
Motion to approve with stipulations - Stanwick; second- Dillard, carried with all ayes.
3.6 Receive presentations from non profit organizations relating to their request for funding in
the 2001-2002 year and consideration of appropriate action
The following organizations gave brief presentations to the council:
Denton County Friends of the Family - Jane Ogletree
SPAN - Erika Lissberger
Christian Community Action - Barbara Carey
Boys & Girls Club - Andrea Wilson
CASA- Sherry Gideon
Representatives from Denton County MHMR Center did not attend the meeting to make a
presentation. The Colony Veterans Club withdrew their request.
Motion by Stanwick to authorize funding as follows:
Denton County Friends of the Family - $6,000
SPAN- $5,000
Christian Community Action - $10,000
Boys & Girls Club - $5,000
CASA - $4,000
Motion seconded by Dillard carried with all ayes.
3.7 Consideration of a approval of a resolution authorizing and directing an amendment to the
bylaws of The Colony Economic Development Corporation (4A) which would allow the 4A
board to approve economic development incentives up to $100,000
Motion to approve as presented- Stanwick; second - Dillard carried with the following vote:
Ayes- Gordon, Jue, Stanwick, Dillard, Henville-Shannon
Abstain - Garcia.
3.8 Consideration of approval of an ordinance authorizing the city manager to enter into a
contract with Metroplex Telephone company d/b/a AT&T wireless to lease a portion of the
city's property
Mr. Persaud advised that AT&T has asked this item be postponed indefinitely.
3.9 Consideration of approval of an ordinance amending the Code of Ordinances by amending
Chapter 19 relating to traffic, designating Blair Oaks Road as one-way
Mr. Gordon Hikel, City Attorney, advised that since Blair Oaks has been made one-way during
the lengthy construction project, Judge Stuckle has asked that the council designate the road as one-way
by ordinance. Mr. Hikel said the judge is not comfortable prosecuting people for violating the one-way
signs, when it has not been adopted by ordinance. Mr. Hikel further advised that when the construction is
complete and one-way traffic is no longer needed; council should repeal the ordinance.
Councilmember Stanwick asked if the city should reimburse those who have already been
charged and fined. Mr. Hikel said he would check into that and report to council in November.
Motion to approve the ordinances as written - Dillard; second- Garcia carried with all ayes.
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3.10 Discussion and appropriate action regarding a joint meeting with the City Council of Frisco
Councilmember Dillard said there are several issues that The Colony and Frisco need to discuss
and he recommended having a joint meeting with the Council of Frisco. He said this would be more
beneficial than meeting in a large group with 4 other cities.
Councilmember Jue agreed but said he wants it to be a working meeting, not a social event.
Councilmember Dillard agreed, stating the full council, city manager, assistant city manager and city
secretary should attend. Councilmember Jue recommended taking money from the miscellaneous funds of
the council budget to pay for the meeting.
Councilmembers Stanwick and Garcia said they would like to sec a detailed agenda, with action
items and dates for follow-up before approving funding for this meeting.
Councilmember Dillard asked Mayor Henville-Shannon to get with the Frisco mayor to agree on
a consensus, and then bring it back to the council for formal action.
3.11 Discussion and appropriate action regarding a jointly-funded council summit between the
cities of The Colony, Lewisville, Piano, Frisco and Carrollton with The Colony's share of
funding not to exceed $500.00
Mayor Henville-Shannon said she brought this item back because other cities had contacted her
regarding holding a joint meeting. She said all agreed it should not be a social, that no spouses should
attend, just council and city managers. The mayor said each mayor would recommend two topics for
discussion. She said the recommended location is Castle Hills Golf Club in Carrollton at a cost of $500.00
per city. She advised the recommendation is to hold it on a weeknight during the second week of
November.
Councilmember Stanwick said he would like to see an agenda and what we are trying to
accomplish.
Councilmember Jue said he had visited with Councilmembers from Carrollton and Lewisville and
they had also wanted to know what could be accomplished by a meeting of this size. He said the preferred
meeting one on one. Councilmember Jue said he prefers a smaller scale because more can be
accomplished. He said he would want to see an agenda before voting to approve funding.
Councilmember Dillard asked the city manager to get with the other city managers and get their
thoughts on this issue.
With no further business to address the meeting was adjourned at 9:45 p.m.
APPROVED:
lT6~"Henville-Shannon, Mayor
ATTEST: /f
Patti A. Hicks, TRMC, City Secretary