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Home My WebLink About11/02/2001 City Council 11/5/2001 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 5, 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 5m of NOVEMBER 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 Present I 1.0 ] ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I Call to Order Invocation - Councilmember Dave Kovatch Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Proclamations: Children's Book Week- Joan Sveinsson received the proclamation and invited the public to participate in the activities at the Library Texas Recycles Day Proclamation - Bruce Crutchfield received the proclamation Mayoral Comments Mayor Henville-Shannon reminded the public to vote in the constitutional amendment election on Tuesday. 1.1 Citizen Input Danny Ferguson, 4148 Durbin Dr., encouraged the city government to come together and stated it is vital for the mayor to participate in the Metroplex Mayor's Association. Mr. Ferguson stated that the council had not supported the mayor in her request to join this organization and that friends of the mayor's had contributed so she could pay her membership dues of $400.00. Mr. Ferguson named the families who had made this donation possible; Ferguson, Henville-Shannon, Scofield, Friendship Baptist Church, Kovatch, Fulco, Kuether, Malik, Sidwell, and Sligar. Mr. Ferguson then presented the check to the mayor. 12.0 I CONSENT AGENDA I 2.1 Consideration of approval of the minutes of the council meeting held October 15, 2001 Motion to approve the minutes as written - Garcia; second- Kovatch, carried with all ayes. 2.2 Consideration of authorizing an increase in EMS transport fees as follows: Resident base fee - $350.00 Non-resident base fee - $450.00 Motion to approve the increase as recommended- Garcia; second- Kovatch, carried with all ayes. 2.3 Consideration of authorizing Veteran's Day and Good Friday as official holidays for City employees Motion to approve as recommended- Garcia; second- Kovatch, carried with all ayes. 11/5/2001 2.4 Consideration of authorizing $5000.00 in funding to Denton County Children's Advocacy Center for services rendered to the citizens of The Colony Motion to approve the funding as recommended- Garcia; second- Kovatch, carried with all ayes. 2.5 Consideration of approval of a resolution appointing John Dillard as representative to the Denton County Transportation Authority and Bernetta Henville-Shannon and Tom Terrall as alternate representatives Motion to approve the resolution as written - Garcia; second- Kovatch, carried with all ayes. 2.6 Consideration of approval of a resolution casting the City of The Colony votes for Lee A. Baker to serve on the Board of Directors for the Denton Central Appraisal District Motion to approve the resolution as written - Garcia; second- Kovatch, carried with all ayes. 2.7 Consideration of authorizing certain variances with regard to the construction of Boyd Road as requested by Denton County and approved by the Planning and Zoning Commission Councilmember Dillard pulled this item, stating he is in favor of granting the variances with the stipulation that the project is subject to the Corps of Engineer approval and that the city will not be required to build a bridge. Motion to approve with the variances with regard to the construction of Boy Road as requested by Denton County and approved by the Planning and Zoning Commission and subject to approval of the Corps of Engineers with the stipulation that the City will not be required to build a bridge anytime in the future - Dillard; second - Stanwick. Terry Mitchell, Carter-Burgess and Tracy Henry, ITS, explained that this is a county project and that the county is trying to use money approved for this project in the 1999 bond program. Gordon Hikel, city attorney, reminded the council that even if the city grants the variances, the county would still have to go to the Corps for approval. After discussion, the following vote was taken. Ayes - Gordon, Jue, Stanwick, Garcia, Dillard, Henville-$hannon Abstain - Kovatch 2.8 Consideration of approving an amendment to the Personnel Policies and Procedures regarding leave for military personnel Motion to approve the as recommended- Garcia; second- Kovatch, carried with all ayes. 2.9 Consideration of a resolution authorizing an Interlocal agreement with the City of Lewisville for temporary water service Motion to approve the resolution as written - Garcia; second- Kovatch, carried with all ayes. 2.10 Consideration of approval of an ordinance authorizing a professional services indefinite delivery contract with Freese Nichols for wastewater treatment studies Motion to approve the ordinance as written - Garcia; second- Kovatch, carried with all ayes. 13.0 I REGULAR AGENDA: 3.1 Public Hearing regarding a request for a zoning change from Business Park "BP" zoning district classification, to Planned Development "PD-19" zoning district classification to allow for mixed uses on a tract of 102.097 acres, located north of the proposed Memorial 11/5/2001 Drive between Main Street (FM423) and Standridge Drive, and consideration of approval of an ordinance granting the zoning change Mr. Persaud introduced Scott Johnson and A1 Blanc with Centex and Curtis Young with the Bradford Group. Mr. Persaud then gave the background on this case. He advised the property has been zoned Business Park since 1985. He explained that BP zoning allows many uses and that following meetings with staff and hearing residents' concerns, the developer has agreed to delete the following uses: Bar lounge or tavern Bus station and terminal Bus or truck parking garage Club, private; lodge or fraternal organization Commercial, radio/TV transmitting station Eating place with dancing or entertainment Electric substation Private club, eating place with beer, wine, or liquor Private club, with bar service Railroad terminal (passengers or freight) Mr. Curtis Young addressed the council stating his company wants a quality development, advising that this request is in order to "fine-tune" the uses allowed and to remove those uses not necessary for this development. Mr. Young said this would be a first class business park and that his company has tried to address as many of the residents' concerns as possible. He said this not include large distribution centers with lots of heavy truck traffic. Recess 8:35 p.m. Reconvene 8:45 p.m. Mayor Henville-Shannon opened the public hearing. She stated that she would allow those persons speaking for the zoning change or those who were undecided to speak first, then she would allow those speaking against the zoning change to have the floor. The following person was undecided - Sharon Sebera, 3905 Cedar Ridge, asked the council to table action on this item. The following persons spoke in favor of the zoning change: Andy Blake, 4301 Boca Raton Perry Schrag, 4308 Cape Cod Mike Catt, 6029 Bogard Loretta Hill, 4932 Wheeler Gary (Pete) Riney, 4812 Alta Oaks Lane Becky Roush, 4532 Lamer Michelle Kracke, 5940 Sandhill Circle Betty Phillips, 5008 Avery Sue Walden, 5081 Avery Duane Sanders, 6112 Jennings Those persons speaking for the zoning change cited economic development, tax base, employment opportunities, and quality development as reasons for approval. The following persons spoke against the zoning change: Bob Mayne, 4004 Creek Hollow Way Tiffany Griset, 3933 Creek Hollow Way 11/5/2001 Jolene Pearrow, 3936 Creek Hollow Way Karen Bernard, 3961 Creek Hollow Way Deidra Casper, 4405 Lakeside Dr. Mary Vita, 4004 Lakeside Michael Whitney, 4432 Lakeside Richard Barina, 4012 Creek Hollow Way Lorna Donald, 4508 Ridgepointe Drive Rhonda Tipton, 3924 Cedar Ridge Ct. Derrick Osborne, 4008 Creek Hollow Way Clanis Melancon, 4201 Lakeside Drive Terry Mayne, 4004 Creek Hollow Way Allen Harris, 4573 Shadow Ridge Donna Wallace, 4553 Crooked Ridge Bill Hubbard, 4001 Breckenridge Ct. Michael August 3945 Creek Hollow Way Shane Miller, 4205 Standridge Drive Joan Morales, 3949 Creek Hollow Way Adrienne E. Pohrte, 4108 Creek Hollow Way Darren Prince, 454'5 Crooked Ridge Those persons gp~eaking against the zoning change cited traffic problems, blocking of their view, lack of safety for their children, unsightly view from the homes. With no further input, Mayor Henville-Shannon c~osed the public hearing. Mr. Persaud advised the council that staff had worked for three months before presenting this to P&Z and to council. He said this is only a conceptual land use plan. Mr. Persaud agreed that some of the residents are valid. He reminded council that P&Z recommended approval with a 7-0 vote. Councilmember Stanwick made three comments: 1.The council uses its experience and knowledge to look at the overall picture. Roadway improvements on SH 121, FM 423, Standridge and Memorial will relieve traffic concerns. 2. Stage one is zoning. Stage 2 is site plan and a lot of the residents concerns are part of the site plan process, noting a traffic impact analysis could be request during the site plan process. 3. He said it is important for the city to have business space available so we can attract good companies. Councilmember Gordon noted the estimated assessed value is $80 million, which would net the city about $500,000 a year in taxes, plus an approximate inventory of $250,000. Motion to postpone to the November 19, 2001 agenda so questions can be answered - Dillard; second- Kovatch carried with the following vote: Ayes - Jue, Garcia, Dillard, Kovatch, Henville-Shannon No - Gordon, Stanwick Councilmember Kovatch asked the developers to meet with the residents to try to find an agreeable ~olution. 4.0 EXECUTIVE SESSION I 4.1 Executive Session as authorized by Section 551.074 of the Government Code, regarding Personnel, to-wit: 10:45 p.m. 11/5/2001 A. Review of the Municipal Court Judge B. Annual evaluation of the City Secretary 11:44 p.m. 4.2 Consideration of any appropriate action to be taken as a result of the executive session Motion to renew the contract with Paul Stuckle to serve as municipal court judge and to approve an increase in salary to $2500 per month - Dillard; second- Stanwick carried with all ayes. Motion to authorize a 6% increase in the salary of Patti Hicks, the city secretary- Dillard; second- Garcia carried with all ayes. With no further business to address the meeting was adjourned at 11:45 p.m. APPROVED: ATTEST: Path A. Hicks, TRMC, City Secretary