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Home My WebLink About11/19/2001 City Council 0075 5 11/19/2001 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 19, 2001 The REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas was called to order at 7:12 p.m. on the 5th of NOVEMBER 2001 at City Hall with the following council roll call: Bernetta Henville-Shannon, Mayor Present John Gordon, Councilmember Present Lewis Jue, Councilmember Absent David Stanwick, Councilmember Present A1 Garcia, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with six present, the following items were addressed: [ 1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I Call to Order Invocation - Friendship Baptist - Tony Burrell Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation of Government Financial Officers Association Award - Tony Johnston presented the award to Rhonda Gann and Jackie Carroll and commended the Finance Department on a job well done. Mayoral Comments - None I 4.0 I CITY MANAGER AND STAFF REPORTS: ] 4.1 Receive CHAMPS Quarterly Report (Walden) Sue Walden gave the quarterly report advising CHAMPS had saved the city $4,362.57. 1.1 Citizen Input Henry Sparks, Jr., 5649 Painter Street, advised the council that transcripts of his son's trial prove that the arrest was unfounded and he asked the council to dismiss the charges against his son. Jason Reyes, 5737 Baker Drive asked the status of the signal light at Morningstar and SH 121. ]2.0 ]CONSENT AGENDA I 2.1 Consideration of approval of the minutes of the council meeting held November 5, 10, and 12, 2001 Motion to approve the minutes as written - Kovatch; second- Dillard, carried with all ayes. 2.2 Consideration of approval of an ordinance repealing Sec. 2.7 and 2.8 of Article I of the Code of Ordinances, relating to the Administrative Services Department and additional duties of the city secretary Motion to approve as written - Stanwick; second- Gordon, carried with all ayes. 2.3 Consideration of approval of a resolution establishing ICMA Retirement Corporation Governmental Money Purchase Plan and Trust Motion to approve as presented- Kovatch; second- Dillard, carried with all ayes. 0075, I 1/19/2001 2.4 Consideration of approval of council expenditures Motion to approve as presented- Kovatch; second- Dillard, carried with all ayes. 13.0 I REGULAR AGENDA: ] 3.1 Discussion and appropriate action regarding proposed amendments to the Home Rule Charter City Attorney Gordon Hikel explained Chapter 11 - Ethics. He stated that basically the chapter was taken straight from the Local Government Code with a few additions. Mr. Hikel said that at the request of Mayor Henville-Shannon he added Section 11.03 requiring property disclosure and he lowered the percentage representing a substantial interest from 10% to 5%. Councilmember Stanwick said he thought 11.03 was too broad and that it would be sufficient for members to recuse themselves. He further said that 11.05 is basically the same as 11.04 and that 11.05 is redundant, therefore, not necessary. He also asked what would be the trigger for filing the affidavit required in section 11.04 (d). He said he preferred it be when a matter is filed for formal action with the P&Z and/or Council. Councilmember Kovatch agreed with the trigger date. Mayor Henville-Shannon asked how a Councilmember could be stopped from participating in discussion and work sessions, noting in the past some had just recused themselves right before time to vote. Mr. Hikel said 11.05 needs to be left in because it addresses matters before P&Z, whereas 11 ;04 addresses matters before Council. He went on to say that the Local Government Code makes a clear distinction between the council and P&Z. Mr. Hikel recommended adding the words "immediately upon the matter in question being submitted to the Planning and Zoning Commission for formal consideration," to 11.04 (d), which will set out the timing for filing the affidavit. He also said the preamble of 11.05 will have to be changed to reflect that participation is prohibited as well as voting. He also noted that in Sec. 2.07 the words "as set out in Sec. 2.04" should be struck. Mr. Hikel suggested that the council be given a draft of how the propositions would read before they take a formal vote to accept the changes for placement on the ballot. Mayor Henville-Shannon directed Mr. Daniel Sligar, committee scribe, and the city attorney to work on drafting the ballot. 3.2 Consideration of approval of an ordinance granting a change in zoning 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 Drive between Main Street (FM423) and Standridge Drive Mr. Scott Johnson representing Centex advised the council that they had been unable to come up with acceptable resolutions to the Ridgepointe residents' concerns and asked the council to postpone action for 30 days to give them time to work on solving the problems. Motion to postpone for 30 days or until the developer is ready to come back to council - Kovatch; second - Dillard. Mayor Henville-Shannon allowed citizens to speak on the matter as follows: Bob Mayne, 4004 Creek Hollow Way, said he spoke for many citizens and asked the council not to postpone this item. He said the developer is only trying to stall. He further advised that a vote on this matter would require a ~ vote of the council and if the council took action with less than a ¥4 vote that the group he represents is prepared to take the matter to court. Sharry Whitney, 4432 Lakeside Drive, spoke against the zoning request and asked the council to vote against it. Motion carried with the following vote: 00757 11/19/2001 Aye - Garcia, Dillard, Kovatch, Henville-Shannon No - Gordon, Stanwick Mayor Henville-Shannon then allowed the following speaker: Linda Morrison, 3904 Cedar Ridge, asked the council to please not approve this zoning request. 3.3 Public Hearing on application of the City of The Colony Parks and Recreation Department, requesting approval of a zoning classification change from Office-1 "O-1" and Office-2 "O- 2" to Business Park "BP" zoning district classification, to allow for parks and playground usage, on a 80 acre tract situated north of proposed Memorial Drive and between Blair Oaks Drive and Paige Road; and consideration of approval of an ordinance granting the zoning change as requested Motion to approve as presented - Kovatch; second - Dillard, carried with all ayes. Pam Nelson, P&R Director, thanked the council for the support and advised that the designer and the architect had prepared a presentation which they would like to give the council so they would' 'kiiow what the plans for Five Star are. Dennis Sims and Art Phelps gave a virtual presentation showing the plans for the complex in detail. Mayor Henville-Shannon advised the council that she had failed to open the public heating.' Mr. Hikel said the original motion should be rescinded and the public hearing should be opened and closed before the new motion could be made. Motion to rescind the original motion - Kovatch; second- Dillard, carried with all ayes. Mayor Henville-Shannon proceeded to open the public hearing. There was no input. Mayor Henville-Shannon closed the public hearing. Motion to approve as presented - Kovatch; second - Dillard, carried with all ayes. 3.4 Consideration of approval of an ordinance amending the Comprehensive Zoning Ordinance of the City of The Colony, 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 Mr. Persaud gave a brief background on this item. Motion to approve as presented- Garcia; second- Stanwick, carried with all ayes. 3.5 Consideration of appointments to advisory boards Mayor Henville-Shannon advised that on Saturday November 10, 2001, the council had made several appointments to various boards. She said an appointment to the 4A board had ended in a tie and asked for a nomination to that board. Councilmember Kovatch nominated Sue Walden. Councilmember Gordon nominated Norm Lang. The vote ended in a tie as follows: Lang - Gordon, Stanwick, Garcia Walden - Dillard, Kovatch, Henville-Shannon This item will be on the next regular session agenda for further action. Mayor Henville-Shannon advised that Jim Briggs does wish to re-appointed to the P&R Board. Motion to re-appoint Jim Briggs to P&R - Kovatch; second- Dillard, carried with all ayes. 00757,:: 11/19/2001 With no further business to address the meeting was adjourned at 8:45 p.m. APPROVED: ATTEST: · ' "" C, City Secretary