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Home My WebLink About02/25/2002 City Council MINUTES OF REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 25, 2002 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on thc 25th day of February 2002, at City Hall with the following roll call: Bernetta Henville-Shannon Mayor Present John Gordon Councilmember Present Lewis Jue Councilmembcr Present David Stanwick Councilmember Present A1 Garcia Councilmember Present John Dillard Councilmember Present Dave Kovatch Councilmember Absent (personal) and with six present, a quorum was established and the following items were addressed: I 1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Pastor Kevin King, Calvary Christian Center Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Proclamation declaring Severe Weather Awareness Week - Chief Van Morrison accepted the proclamation and reminded everyone to take precautions during the upcoming season. Recognition of TCHS Basketball Team - Mayor Henville-Shannon recognized the members of The Colony Cougar Boys Basketball team for their exceptional season and wished them well in their play-off games. Recognition of the Charter Review Committee - No one from the committee was present Citizen Input Melvina Sparks, 5649 Painter, advised the council that her son, Henry had been found not guilty in a recent arson trial. She stated the former city fire marshal, Dave Wallace, admitted that he did not perform a proper investigation and that her son suffered undue hardship for 1 year and 8 months due to Mr. Wallace's actions. She further stated that someone from the city needs to stand up and take responsibility and re-pay her family for the money they have expended. 12.0 I CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council meetings held February 4 and 5, 2002 (Hicks) Motion to approve the minutes as written - Garcia; second- Stanwick carried with all ayes. 2.2 Consideration of approval of an ordinance amending the Code of Ordinances of the City of The Colony by amending Chapter 5 Animal Control and Wildlife Protection Division by repealing Sec. 5-23 relating to permits for commercial animal establishments and Sec. 5-24 relating to fees for commercial animal establishment permits (Clark) Motion to approve the ordinance as written - Garcia; second - Stanwick carried with all ayes. February 25, 2002 1 2.3 Consideration of approval of a Resolution authorizing Interlocal agreement with Denton County for the provision of Emergency Medical Services in the 2001-2002 year (Morrison) Motion approve the minutes as written - Garcia; second - Stanwick carried with all ayes. 2.4 Consideration of approval of a Resolution authorizing Interlocal agreement with Denton County for the provision of Fire Protection Services in the 2001-2002 year (Morrison) Motion to approve the resolution as written - Garcia; second - Stanwick carried with all ayes. 2.5 Consideration of approval of a Resolution authorizing Interlocal agreement among the cities of The Colony, Lewisville, Denton, Coppell, Roanoke, Little Elm, The Towns of Flower Mound and Trophy Club and Denton County for the provision of an Arson Task Force in Denton County (Morrison) Motion to approve the resolution as written - Garcia; second- Stanwick carried with all ayes. 2.6 Consideration of approval of a Resolution authorizing an Interlocal Agreement among the cities of The Colony, Aubrey, Carrollton, Lewisville, Denton, Roanoke, Little Elm, Highland Village, Pilot Point, Piano, Sanger, Southlake; The Town of Flower Mound; the Volunteer Fire District of Argyle, the Aubrey Area Ambulance Service, Inc., the Double Oak Volunteer Fire Department, the Justin Community Volunteer Fire Department, Inc., the Krum Volunteer Fire Department, the lake Cities Fire Department, Inc., the Mayhill-Cooper Creek Volunteer Fire Department, the Ponder Volunteer Fire Department, and the Trophy Club/Westlake Department of Public Safety for the provision of Mutual Aid in Denton County as defined in the agreement (Morrison) Motion to approve the resolution as written - Garcia; second- $tanwick carried with all ayes. 2.7 Consideration of approval of a resolution ordering a general election to be held on May 4, 2002 for the purpose of electing four (4) Councilmembers for the City of The Colony (Hicks) Motion to approve the resolution as written - Garcia; second- $tanwick carried with all ayes. 2.8 Consideration of approval of a resolution authorizing a joint election agreement between the City of The Colony and Lewisville Independent School District for the purpose of conducting the general election to be held on May 4, 2002 (Hicks) Motion to approve the resolution as written - Garcia; second- Stanwick carried with all ayes. 2.9 Consideration of approval of a resolution authorizing an agreement between the City of The Colony and the County of Denton for rental of voting machines and equipment to be used to conduct of a general election to be held on May 4, 2002 in the City of The Colony (Hicks) Motion to approve the resolution as written - Garcia; second- Stanwick carried with all ayes. February 25, 2002 2 2.10 Consideration of an ordinance authorizing the City Manager to enter into a contract with Metroplex Telephone Company d/b/a AT&T wireless, allowing AT&T wireless to lease a portion of the city's property (Persaud) Motion to approve the ordinance as written - Garcia; second- Stanwick carried with all ayes. 2.11 Consideration of approval of an ordinance amending the Code of Ordinances of the City of The Colony by amending Chapter 2, by repealing Sec. 2-17 relating to the Office of the City Marshal and Sec. 2-18. Duties of City Marshal; oath of office; bond (Cheatham) Motion to approve the ordinance as written - Garcia; second- $tanwick carried with all ayes. 2.12 Consideration of authorizing the cancellation of the council meeting regularly scheduled to be held on March 4, 2002 (Cheatham) Motion to approve as recommended - Garcia; second- $tanwick carried with all ayes. 2.13 Review and consideration of approval of council expenditures (Council) Motion to approve as presented - Garcia; second - Stanwick carried with all ayes. 2.14 Consideration of acceptance of a proposal from Nathan D. Maier Consulting Engineers, Inc. for surveying/engineering design for Office Creek 35 Acre Park Site Drainage Channel Improvements and approval of an ordinance authorizing contract for same (Saldafla) Motion to approve as recommended - Garcia; second- Stanwick carried with all ayes. 13.0 I l~GULAR AGENDA 3.1 Public Hearing regarding a request for a specific use permit (SUP) to allow for the sale of beer, wine and liquor for on-premise consumption in La Botticella Italian Restaurant, located within the Shopping Center "SC" zoning district classification, situation at 4649 South Colony Blvd., Suite 200, on the northwest corner of Main Street and South Colony Blvd., and consideration of approval of an ordinance granting the SUP (Persaud) Mayor Hcnville-Shannon opened the public hearing. There were no comments from the public or council. Mayor Hcnville-Shannon closed thc public hearing. Motion to approve with staff and P&Z stipulations -Stanwick; second -Dillard carried with all ayes. 3.2 Consideration of approval of a site plan as presented by Discount Tire Store, located on Lot 1, Block 1, Discount Tire The Colony Addition, north of State Highway 121, and east of IHOP (Persaud) Mr. Persaud gave a brief background on this item. Councilmember Stanwick asked why there was a designation of a roadway in the northwest portion of this property. Mr. Persaud advised the area could be used for landscaping, and then the roadway could be put in if needed later. February 25, 2002 3 Motion to approve the site plan as presented- Gordon; second- Garcia carried with all ayes. 3.3 Consideration of approval of an expenditure in the amount of $7,500 for a traffic study regarding the Memorial Drive connection to Town and Country Drive in the City of Frisco (Persaud) Mr. Persaud explained that the connection from Memorial Drive in The Colony to Town and County Drive in Frisco would be an important alignment for our city. He said when this matter had been discussed with Frisco; they requested a traffic study be done. He stated that when completed, all parties would review the study and noted the study would belong to the City of The Colony. Motion to authorize the expenditure of funds as recommended- Stanwick; second- Garcia carried with all ayes. 3.4 Receive a report from the city attorney regarding the Municipal Cable Channel Policy and consideration of amendments to that policy as a result of the report (City Attorney/Council) City Attorney, Gordon Hikel presented his report on this matter by letter in the council packet. Councilmember Dillard said he we should allow the broadcast of announcements only with no other information. Councilmember Stanwick said if council does allow announcements they need to be limited to text only, similar to what was broadcast on Channel 6 previously. He said there should be no graphics or maps allowed and the text should be as strictly monitored as possible, with a maximum of 100 characters. Council agreed this should be allowed for non-profit organizations that were physically located within the City of The Colony. They further agreed that we should NOT limit this to only "501CY' organizations. Motion to allow announcements for non-profit organizations as has been defined by Councilmembers Dillard and Stanwick- Gordon; second- Dillard carried with all ayes. 3.5 Discussion and consideration of changing the regular meeting dates for city council from the first and third Monday to the first and third Tuesday of each month (Kovatch) Mayor Henville-Shannon announced that Councilmember Kovatch has advised he no longer wishes to pursue this matter. With no further business to address, the meeting was adjourned at 7:43 p.m. ATTEST: Patti A. Hicks, TRMC, City Secretary February 25, 2002 4