HomeMy WebLinkAbout12/02/2002 City Council December 2, 2002
MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
DECEMBER 2, 2002
The Regular Session of the City Council of the City of The Colony, Texas, was called to order at
7:06 p.m. on the 2nd day of December 2002, at City Hall with the following roll call:
Bernetta Henville-Shannon Mayor Present
John Gordon Councilmember Present
Lewis Jue Councilmember Present
Joe McCourry Councilmember Present
Lynda Bayliss Councilmember Present
Perry Schrag Councilmember Present
Joel Marks Councilmember Present
and with seven present, a quorum was established and the following items were addressed:
I 1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS:
Call to Order
Invocation - Trinity Presbyterian Church - John Fowler
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Employee Recognition
Payroll Professional of the Year - Rebecca Koo and Jackie Carroll presented
Charmyne Crowe with an award and recognized her for being named the Payroll Professional of
the Year She was chosen out of 500 members and is first person given this honor that is not on
the board.
Distinguished Budget Presentation Award & Certificate of Achievement for
Excellence in Financial Reporting - Jackie Carroll accepted these two awards for Gwen
Mansfield who could not be present at the meeting.
Proclamation recognizing city secretary for professional accomplishments -
Mayor Henville-Shannon and all Councilmembers presented city secretary Patti Hicks with a
bouquet of flowers and the mayor read the following proclamation:
WHEREAS, Patti Hicks has been employed by the City of The Colony for 23 years
during which time she has served for 17 years as City Secretary and as Acting City Manager in
1993, 1996 and 2000; and
WHEREAS, Patti is a committed public servant who has distinguished herself as an
accomplished Texas Registered Municipal Clerk, and a Certified Municipal Clerk through the
International Institute of Municipal Clerks; and
WHEREAS, Patti has served on numerous standing committees and held offices in her
local, state, and international associations, most recently representing her profession on the Texas
Municipal League's Board of Directors; and
WHEREAS, Patti's peers have elected her to the highest offices in their organizations
where she has served as the President of the North Texas Municipal Clerks Association, the 1993
Texas Municipal Clerk of the Year, and will soon be the 2003 President of the Texas Municipal
Clerks Association, Inc.,
NOW, THEREFORE, I, Bernetta Henville-Shannon, Mayor of the City of The Colony,
Texas, and the City Council do hereby proclaim special recognition for
December 2, 2002
PATTI A. HICKS
for her many years of devoted direction in public service and for the pride and recognition that
she brings to her community through her most distinguished leadership accomplishment as the
2003 President of the Texas Municipal Clerks Association, Inc., and urge all citizens to join us in
recognizing and commending Patti for her efforts to inspire public confidence, respect for
government, and to give back to one's profession through leadership and education.
Signed this 2na day of December 2002.
Bernetta Henville-Shannon, Mayor
John Gordon, Place 1 Lynda Bayliss, Place 4
Lewis Jue, Place 2 Perry Schrag, Place 5
Joe McCourry, Place 3 Joel Marks, Place 6
Ms. Hicks thanked the Mayor and Council for this very special recognition.
Citizen Input - John Fowler, 6713 Joy Drive addressed the council regarding the Code
Enforcement Department. He had been cited for a small bush while other residents have not been
cited for worse violations. He advised he was told either cut the bush or go to court. He told the
council there should be a way for citizens to discuss these matters.
12.0 I CONSENT AGENDA
2.1 Consideration of approval of the minutes of the council meeting held October 21, 28
and November 4, 2002 (Hicks#Wilson)
Motion to approve the October 21 and 28, 2002 minutes and to postpone the November 4, 2002
minutes for further review - $chrag' second- Marks carried with all ayes.
2.2 Consideration of approval of an ordinance authorizing a contract with Ceridian for
an automated time and attendance system (Carroll)
Mayor Henville-Shannon asked why this was only for police and public works. Ms.
Carroll explained that last year $20,000 was budgeted for police and public works only,
but this year another $36,000 has been budgeted to include all city employees in the
system.
Motion to approve as presented - Jue; second Gordon carried with all ayes.
2.3 Consideration of approval of an ordinance adopting general service rates for TXU
Gas (Sparkman)
Motion to approve as presented - McCourry; second - Jue carried with all ayes.
2.4 Consideration of approval of a resolution authorizing a contract with the Texas
State Library and Archives Commission (TSLAC) to accept a grant award of $5,785
for the Library Department (Sveinsson)
Motion to approve as presented - McCourry; second- Jue carried with all ayes.
2.5 Consideration of approval of a resolution authorizing an Interlocal agreement with
Denton County for the provision of library services (Sveinsson)
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December 2, 2002
Councilmember Gordon said he wants everyone to be aware that we many not be
receiving county funding next year and that is primarily thanks to the efforts of Joan Sveinsson,
Library Director that we are receiving $55,000 this year. Ms. Sveinsson agreed stating there is a
very good possibility the funding will not be available next year.
Motion to approve as presented- McCourry; second- Gordon carried with all ayes.
2.6 Consideration of approval of a resolution authorizing an Interlocal agreement with
Denton County for the provision of fire services (Morrison)
Motion to approve as presented- McCourry; second- Jue carried with all ayes.
2.7 Consideration of approval of a resolution authorizing an Interlocal agreement with
Denton County for the provision of EMS services (Morrison)
Motion to approve as presented- McCourry; second- Jue carried with all ayes.
2.8 Consideration of approval of an ordinance amendment Chapter 2, Article II, by
amending Sec. 2-201 adding an alternate position to the Telecommunications Board
(Council/Hicks)
Motion to approve as presented- McCourry; second- Jue carried with all ayes.
2.9 Consideration of appointment to the alternate position of the Telecommunications
Board (Council)
Motion to approve as presented- McCourry; second- Jue carried with all ayes.
2.10 Consideration of approval of council expenditures (Council)
Motion to approve as presented- McCourry; second- Jue carried with all ayes.
2.11 Consideration of approval of an ordinance authorizing a contract with Funscape
Enterprises for the operation of "Saturday Nite Out" (Nelson)
Motion to approve as presented- McCourry; second- Jue carried with all ayes.
2.12 Consideration of approval of an ordinance authorizing a contract with VC Sports
for the provision of basketball officials for youth and adult basketball leagues
(Nelson)
Motion to approve as presented- McCourry; second- Jue carried with all ayes.
2.13 Consideration of approval of a resolution requesting the members of the 78th
Legislative Session of the State of Texas to support the Texas Parks and Wildlife
Department in their effort to manage a fair and just local parks grant program,
referred to as the Texas Recreation and Parks Account (Nelson)
Motion to approve as presented- McCourry; second- Jue carried with all ayes.
December 2, 2002
3.0 I REGULAR AGENDA ITEMS I --
3.1 Public Hearing regarding amendments to the Comprehensive Zoning Ordinance
regarding Rehabilitation Care Facilities, Rehabilitation Care Institutions, Group
Homes, Household Care Facilities and Elderly and Handicapped Housing and
consideration of appropriate action (Persaud)
Mr. Persaud advised this case is being researched further and will have to go back to P&Z. I-Ic
noted that since thc public hearing was advertised, it should be opened and closed without any
council action.
Mayor Hcnvillc-Shannon opened and closed the public hearing without any input from council or
citizens.
Mayor Henville-Shannon noted that item 3.8 would not be discussed at this meeting.
3.2 Public Hearing on an application for a Specific Use Permit under Section 10-900 of
the Comprehensive Zoning Ordinance, to allow for the sale of beer, wine and liquor
for on-premise consumption in a 4,034 sq. ft. Blue Tees Restaurant, located with the
Shopping Center "SC" zoning district classification, situated at 4649 S. Colony
Blvd., Suite 300 and consideration of approval of an ordinance granting the SUP
(Persaud)
Mr. Persaud advised this item had been considered by the P&Z and that the commission --
does recommend approval.
Mayor Henville-Shannon opened the public hearing. Mr. John Schlitt representing Blue
Tees said they hope the restaurant will become a popular place for people to come and enjoy a
nice meal. Candy Mayes, owner of the building, said they city has a beautiful lake and that she
hopes this restaurant and the city will become a destination. With no further comments, the mayor
closed the public hearing.
Motion to approve the specific use permit as recommended - Gordon; second Jue carried with
all ayes.
3.3. Public Hearing regarding amendments to Chapter 6, Article H, "Signs" of The
Colony Code of Ordinances to prohibit temporary off-premise real estate signs and
consideration of approval of an ordinance approving the amendment. (Persaud)
Mayor Henville-Shannon opened the public hearing. Councilmember Schrag said he was
not originally in favor of amending this ordinance except that he thinks the directional signs
should be for The Colony builders only. Councilmember Bayliss asked how this would be
enforced and Mr. Persaud advised a letter would be sent to all builders and there would be a
transition period until the second week of January 2003. Councilmember Bayliss asked how this
affects garage sale signs and how citizens would be advised of this ordinance change. Mr.
Persaud said they fall under the presumption clause and those persons would be contacted and
filed on if necessary.
Councilmember Gordon said the builders advertising for The Colony homes should be
allowed to put up their signs. Councilmember Marks said they could get a temporary sign permit.
Lengthy discussion followed.
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December 2, 2002
Mr. Mike Lynch, 4921 Roberts, said he thought this ordinance only dealt with real estate
signs, but now it seems like lots of other signs are included and if that is so then the public
hearing was posted wrong. He said The Colony builders should be exempt.
Mr. Gordon Hikel, city attorney cautioned against exempting The Colony builders,
stating that could present a problem regarding equal rights.
Councilmember McCourry said all signs need to go because they are a safety hazard and
they clutter the city.
Councilmember Marks said he does not want to pay over time for enforcement and that it
may be easier to enforce if staff just has a list of temporary sign permits to check. Councilmember
Jue asked if someone could pay a private property owner to place signs on their property and Mr.
Hikel advised that could be done.
With no further comments, the mayor closed the public hearing.
Motion to approve the ordinance as presented- McCourry; second Bayliss carried with the
following vote:
Aye- Jue, McCourry, Bayliss, Marks, Henville-Shannon
No - Gordon, $chrag
3.4 Consideration of approval of a site plan for a portable building to be located at
Lakeview Middle School (Persaud)
Mr. Persaud advised that P&Z has recommended approval. Mr. Larry Worley with LISD
Maintenance said there are 136 portables all over LISD, 11 of which are in The Colony. He noted
that as soon as possible, the portables are being removed from all schools.
Motion to approve as presented- Gordon; second- McCourry carried with all ayes.
3.5 Consideration of approval of an ordinance amending Chapter 10, Article VII of the
Code of Ordinances by adding Section 10-99; Responsibility of Maintenance;
Subsection It, I and J, relating to tree trimming and street lights (Persaud)
Mr. Persaud advised the council that he had made a change to the ordinance since the
packet was prepared. He has changed the number days from seven to ten. He said this ordinance
would give the responsibility of tree trimming to the citizens and if they do not trim the tree
within the prescribed amount of time, the city will have the tree trimmed. Councilmember Bayliss
asked if citizens would be given a warning before the trees, reminding everyone of the bad
experience which happened two years ago with tree trimming. Councilmember Gordon said he
thought the idea was a good one two years ago, but that he is convinced it is a no win situation.
He said we need to find a way to do this in a positive manner and we need to give people 30 - 60
days to comply. Councilmember Jue agreed, stating we need a program similar to the high grass
ordinance.
Motion to postpone so the program can be clarified-McCourry; second- Bayliss.
Councilmember Marks stated this is a safety issue on some streets because streetlights are
completely covered by the trees. He said the program (how the trees are to be trimmed) does not
need to part of the ordinance. Mr. Cheatham recommended deleting subsection "J", which reads,
"Any condition currently in existence that violates one or more provisions of this ordinance shall
be corrected by the City at no charge to the property owner. Thereafter, the property owner will
be responsible for complying with the provisions of this ordinance."
December 2, 2002
Councilmember McCourry said there need to be guidelines in place. Councilmember
Gordon agreed that it is a safety issue in some areas and said we need to give the homeowner
ample time to rectify before the city trims the trees. He said it is a service the city needs to
provide. Mr. Cheatham said paragraph I could be based on citizen's request.
The motion was restated and the vote was taken as follows:
Motion carried with all ayes, with the exception of Councilmember Marks who voted no.
3.6 Consideration of approval of an ordinance authorizing a contract with Rodman
Paving, Inc. for repairs to Windhaven Parkway and Piano Parkway in the amount
of $192,398 (Johnston)
Motion to approve as presented - Gordon; second - Jue carried with all ayes.
3.7 Consideration of approval of an ordinance authorizing a contract in the amount of
$16,000 with Phelps-Wood Architect to provide design studies and cost estimates for
various options relating to future uses of the old library building, the senior center,
and the police/courts building (Nelson)
Pam Nelson said this is a proposal from Architects Phelps-Wood and that staff
recommends approval in an amount not to exceed $16,000. Councilmember McCourry said he
thought we would get two studies done. Mr. Cheatham said staff would get another architect to do
a second study if that is what council wants. Councilmember Gordon said he understood that
Phelps-Wood was providing this at no cost. Mr. Cheatham said they are charging only $16,000,
which would be reimbursed to the city if their firm were chosen as the architect for the project.
Councilmember Marks said he was not aware there would be two studies and said this is the way
to go (with one study). Councilmember Schrag agreed with using Phelps-Wood.
Motion to accept the proposal from Architects Phelps-Wood as recommended - Schrag; second
- Marks carried with all ayes.
3.8 Receive report and consider recommendations from the Solid Waste Committee on
solid waste and recycling issues (Schrag)
This item is being taken back to committee. It was not discussed at this meeting.
14.0 I EXECUTIVE SESSION
9:23 Recess into Executive Session
4.1 Executive Session as authorized by the Government Code Chapter 551. 071(2) -
Consultation with City Attorney to seek legal advice on a legal matter:
a. Possible course(s) of action to be taken in regards to the City of The Colony
being able to connect to the Stewart Creek West Regional Wastewater
System located in the City of Frisco
10:25 p.m. reconvene in open session
December 2, 2002
4.2 Consideration of any appropriate action to be taken as a result of the executive
session - No action taken
With no further business to address, the meeting was adjourned at 10:26 p.m.
APPROVED:
l~lemetta Henville-Shannon, Mayor
ATTEST:
rarti A. Hicks, TRMC, Gity Secretary