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HomeMy WebLinkAbout12/17/2001 City Council MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON DECEMBER 17, 2001 The REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas was called to order at 7:03 p.m. on the 17th of DECEMBER 2001 at City Hall with the following council roll call: Bernetta Henville-Shannon, Mayor Absent 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 six present, the following items were addressed: I1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: 1 Call to Order Invocation - Mayor Pro-tern John Dillard Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation of Employee Recognition Awards (Burkett) Margaret Burkett and Mayor Pro-tem Dillard presented awards as follows: Diane Baxter - 15 years; Mark Phillips and Jerry Trimble - 10 years; Grady Overman - 3 years and Jennifer Robertson - 2 years. Mayoral Proclamations: Declaring January as School Board Recognition Month. Mayor Pro-rem Dillard read the proclamation in its entirety. The proclamation will be sent to LISD. Mayoral Comments - Mayor Pro-tern Dillard advised that Mayor Henville-Shannon is in the hospital, but is scheduled to be released soon and will be back to normal activities in a few days. 1.1 Citizen Input Tiffany Haertling, 150 Canyon Oaks Rd., Argyle announced she is running for District Judge in the 158th district, which will be vacated by Judge Phillip Vick upon his retirement. Ms. Haertling asked the council and citizens for their support. [2.0 I CONSENT AGENDA I 2.1 Consideration of approval of the minutes of the council meeting held December 3, 2001 (Hicks) Motion to approve the minutes as written - Garcia; second Gordon carried with all ayes. 2.2 Consideration of approval of a Resolution authorizing rental of election equipment from Denton County for use in the upcoming Charter Amendment Election to be held in the city on February 2, 2002 (Hicks) Motion to approve the resolution as written - Garcia; second Gordon carried with all ayes. 00758,' 2.3 Consideration of approval of a Resolution authorizing the Board of Directors of the Denton Central Appraisal District to take the necessary steps to construct an addition to the existing facility (3911 Morse Street, Denton) at an anticipated cost of $378,357.00 (Cheatham) Motion to approve the resolution as written - Garcia; second Gordon carried with all ayes. 2.4 Consideration of approval of an ordinance adopting provisions to continue the levy of ad valorem taxation upon motor vehicles leased for personal use as provided for in Senate Bill 248 of the 77th legislature (Johnston/Carroll) Councilmember Jue pulled the item for clarification. Mr. Johnston explained that currently there are no car dealerships in The Colony, therefore this would not apply. He went on to say that if in the future we do have dealerships in the city, persons who lease vehicles from that dealership would pay ad valorem taxes to the City of The Colony. Motion to approve the ordinance as written - Garcia; second Gordon carried with all ayes. 2.5 Consideration of authorizing a transfer of funds from the Utility Fund to the City Hall/Library Renovation Fund in the amount of $18,185.00 plus $22,458.00 for arbitrage (Johnston) Motion to approve the transfer as recommended by staff- Garcia; second Gordon carried with all ayes. 2.6 Consideration of an ordinance authorizing the city manager to enter into an agreement with Willy D. Acufia for the provision of health inspector services (Persand) Motion to approve the ordinance as written - Garcia; second Gordon carried with all ayes. 2.7 Consideration of authorizing a new fee structure for Stewart Creek Park and Hidden Cove Park (Nelson) Motion to approve the new fee structure as recommended- Garcia; second Gordon carried with all ayes. 2.8 Consideration of approval council expenditures (Council) Motion to approve the expenses as presented- Garcia; second Gordon carried with all ayes. 13.0 I REGULAR AGENDA: I (NOTE: This item was considered after items 3.2 - 3.6) 3.1 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 (Persaud) Mr. Persaud said staff and the developers have worked with the residents to come to agreement regarding concerns. Mr. Persaud gave council presentation regarding "buffer yards", which are put in place to protect single-family residences from noise, air pollution, etc. He said the developer had said they would put in place a 250' buffer from the creek. Mr. Persaud stated staff had met with the EPA and the NTCOG representatives who advised the recommended buffer in a situation such as this is 100' to 200' from the creek. Mr. Persaud reminded council that there had been in excess of 20% of the residents protest the zoning change; therefore a 3/4 affirmative vote of the council will be required to pass the ordinance. Mr. Curtis Young with Centex gave a detailed presentation regarding the proposed 250' buffer zone, noting that the existing tree line along the creek is at or above the 250' mark most of the length of the property. He said this tree line would be kept in tact along the creek where it backs up to the homes, noting that if the tree line exceeds 250' those trees will be removed to bring the line to 250'. He did say that along Standridge some of the trees would be removed. Councilmember Stanwick asked Mr. Young to include the completion of Street A as part of the Phase 2 development. Mr. Young agreed that could be included as an additional stipulation. Councilmember Kovatch asked if that street would fall between the on/off ramps of the proposed 121 freeway. Mr. Persaud advised that it would fall between the control access points. Mayor Pro-tem Dillard asked if most of the questions raised by citizens have been answered. Mr. Persaud said it is clear the residents are still not happy with the planned development of this property. Councilmember Garcia asked Mr. Persaud to comment on Paragraph 1D of the ordinance. Mr. Persaud advised this provides for screening of the service areas, stating the details are yet to come. With no further comments from council, Mayor Pro-tern Dillard opened the floor to residents. Joan Morales, 3949 Creek Hollow Way asked why Centex does not think The Colony is suitable for office development (in this area). She said the concessions heard tonight do not really address the residents' concerns. Bob Mayne, 4004 Creek Hollow Way told the council they had the opportunity to do something to "pick The Colony up" tonight by voting against the zoning change. Mr. Mayne said a large number of residents do not want this zoning request to pass. He said this group (of citizens) could be the council's biggest ally and asked the council to listen to them. Mayor Pro-tem Dillard asked the city attorney to clarify the number of affirmative votes needed to pass the ordinance. Gordon Hikel, city attorney said since the Mayor is absent due to a legitimate excuse, that 3/4 of the council eligible to vote would be five of the six present. Mr. Hikel further explained that if five of the six Councilmembers present voted yes, the zoning change would be approved. Councilmember Gordon reassured those present that every member of council wants what is best for the city. He said that the Councilmembers love this city and that he believes this will be a quality product. Motion to approve the ordinance with the addition of the stipulation that Street "A " will be completed in the development of Phase 2 - Stanwick; second Gordon passed with the following vote: Gordon - Aye; Jue - Aye; Stanwick - Aye; Garcia - Aye; Kovatch - Aye; Dillard - No 3.2 Consideration of approval of an ordinance amending the Code of Ordinances by repealing Section 6-2 and adopting the National Electrical Code, 1999 edition (Persaud) Mr. Persaud gave a brief background on the item. Mr. Larry Holmes spoke to the council regarding a memorandum they had received expressing concerns. Mr. Holmes assured the council passing this ordinance would not place the city at risk in any way. It was noted that all persons doing electrical work in the city would have to register with City Hall. Mayor Pro-tem Dillard advised that if changes are needed in the future, the ordinance could be amended. Motion to approve the ordinance as written - Garcia; second Gordon carried with all ayes. 3.3 Consideration of approval of an ordinance amending the Code of Ordinances by repealing Section 6-1 and adopting the International Residential Code (Persaud) Mayor Pro-tem Dillard stated that he does not approve of the way the State had forced cities to pass this ordinance. Motion to approve the minutes as written - Garcia; second Gordon carried with all ayes. 3.4 Consideration of acceptance of a proposal from MAXIMUS to conduct a Fleet Maintenance and Facility Space Needs Assessment (Johnston) Mr. Johnston advised council that for the past two years Fleet Maintenance had come forward during the budget process to request increases in personnel and equipment. They have also asked to build a new facility. With the growth of the city and additional services being provided, the situation has become critical. Several attempts have been made to provide satisfactory services, have fallen short due to lack of planning. Staff is recommending a fleet maintenance and facility space needs assessment to evaluate staffing levels, service capacity, and facility needs. The cost of the study will be $33,600. Mr. Roger Thompson, representing MAXIMUS addressed the council regarding the scope of the study and his experience in this field. Motion to approve as recommended Garcia; second- Stanwick carried with ail ayes. Mayor Pro-tem Dillard said he is looking forward to the completion and results of this study. 3.5 Consideration of acceptance of a proposal from Nathan D. Maier Consulting Engineers, Inc. for the Office Creek Phase liB Improvements and consideration of approval of an ordinance authorizing Professional Services Contract (Saldafia) Mr. Saldafia gave a brief presentation on this proposal. Councilmember Stanwick requested that Nathan Maier work with Pam Nelson to make walls aesthetically pleasing for the new 5 Star complex. Mr. Saldafia reminded council that Nathan Maier is also the consultant on the 5 Star project so the two will be coordinated. Motion to approve as recommended Stanwick; second-Garcia, carried with all ayes. 3.6 Consideration of acceptance of a proposals from H.L. McAfee Construction to lower 300 feet of cable along the northwest side of SH 121 and consideration of authorizing a contract for same (Saldafla) Mr. Saldafia gave a brief presentation on this proposal. Councilmember Gordon asked if we should make sure there are no other cables that will have to be re-located before we move forward with this project. Mr. Saldafia said there might be a Southwestern Bell cable in the area, but it is believed to be much lower and will not have to be relocated. It is also believed to be a "dead" cable. Motion to approve as recommended Stanwick; second -Garcia, carried with all ayes. With no further business to address, the meeting was adjourned at 8:20 p.m. APPROVED:  hn Dillard, Mayor Pro-tem ATTEST: Patti A. Hicks, TRMC, City Secretary