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HomeMy WebLinkAbout12/04/2000 City Council 12/4/00 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON DECEMBER 4, 2000 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 4th day of December, 2000, at City Hall with the following roll call: William W. Manning, 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 and with seven present a quorum was established and the following items were addressed: [Prior to the beginning of the meeting, a power outage occurred and caused a cable switcher to malfunction. The meeting could not be broadcast over the local network, therefore, no video was recorded of this meeting.] [ 1.0 I ROUI1NE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation Pledge of Allegiance to the United States Flag Salute to the Texas Flag Employee Awards - Margaret Burkett, Human Resources Director, made presentations to those employees present. Announcement - Liz Ripperger, Special Events Board, announced the Christmas Parade and Tree Lighting will be held on Saturday, December 9. The parade starts at The Colony High School and travels north to North Colony Blvd ending at City Hall. The tree lighting ceremony will begin at approximately 7:00 p.m. Citizen Input Sharon Ellis, 5217 Arbor Glen, quoting Fred Moss, SMU law professor and former U.S. Attorney, advised against the City attorney conducting an investigation of the current city council. She would like to see the District Attorney conduct the investigation. Liz Ripperger, 5909 Stewart Blvd., said she was embarrassed by the few residents causing political turmoil. She stated she was not displeased with any person on council or their representation. [2.0 I CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council meetings held November 13, 20 and 27, 2000 Motion to approve - Gar&t; second- Kovatch, carried with all ayes. 2.2 Consideration of an ordinance authorizing an Agreement for Professional Services with David K. Wasson Management Consulting firm for recruiting a new city manager Motion to approve - Garcia; second - Kovatch, carried with ail ayes. 12/4/00 2.3 Consideration of an ordinance authorizing an agreement with Willy Acufia for health inspection services Motion to approve - Garcia; second - Kovatch, carried with ali ayes. 13.0 I REGULAR AGENDA: I 3.1 Consideration of approval of a site plan for Golden Corral Restaurant located in the Wal- Mart Addition north of Hwy. 121 Motion to approve with staff and P&Z stipulations - Stanwick; second - Dillard, carried with all ayes. 3.2 Consideration of an ordinance authorizing a contract with Dunkin Simms Stoffels, Inc. for the design of the first phase of the Community Complex Park Councilman Garcia inquired about signs to identify area. Pam Nelson, Parks and Recreation Director, said the ground was too wet but signs would be installed as soon as possible. Motion to approve - Gordon; second - Kovatch, carried with all ayes. 3.3 Consideration of authorizing a budget amendment for the hiring of three police officers Joe Clark, Police Chief, informed Council that the Personnel Committee met and recommends approval of this budget amendment. The City was turned down for a Universal Hiring Grant, therefore, salaries must come from the budget. Chief Clark explained that the shortage created in the amount of $9,264 can come from his overtime line item. No additional funds will be needed this year and these salaries will be included in future budgets. 3.4 Consideration of approval of an ordinance conveying a 50 ft. gas pipeline easement to TXU Gas Company Abel Saldafia, City Engineer, gave an overview of this item and explained the many exhibits provided to Council. Motion to approve - Dillard; second - Gordon, carried with all ayes. 3.5 Discuss and take appropriate action as needed on the TXU Electric/TXU Lone Star Gas Litigation Gordon Hikel, City Attorney, explained that several cities have joined in a lawsuit believing they have received an underpayment of franchise fees. Mr. Hikel explained the Council's options: 1) not join lawsuit and sign letter agreement with modifications, or 2) join litigation. Mayor Manning asked Tony Johnston, Finance Director, the status of the audit currently being performed on franchise fees. Mr. Johnston responded that he thought it may be finished in the next couple of weeks. Councilman Kovatch asked Mr. Hikel his opinion as to whether the City should join or not. Mr. Hikel responded that if the company hired to perform audit of franchise fees finds underpayments and the City has not decided to join the lawsuit, then the City would have to fund its own lawsuit to recover any fees. Mr. Hikel added that TXU has not agreed to accept some letter agreements from various cities. Cheryl McKinnis, TXU, asked to review the letter agreement prepared by Mr. Hikel. Motion to table until next meeting - Dillard; second - Kovatch, carried with all ayes. Councilman Kovatch requested this item be included on next agenda. Councilman Garcia added that TXU should review letter agreement before next meeting. 3.6 Receive report from city attorney regarding allegations of conflict of interest and charter violations and consideration of appropriate action as needed Councilman Kovatch called point of order. Gordon Hikel said there would be no problem since councilmembers were just receiving a report. Mr. Hikel continued that due to articles published in the Dallas Morning News alleging conflicts of interest with certain councilmembers, he has conducted an 12/4/00 extensive investigation to determine if the City charter had been violated. Mr. Hikel stated that it is very hard to determine what was intended by the section of the Charter dealing with conflicts of interest written in 1979. He added that he is still working on interpretation and his report is not yet complete. Mr. Hikel cited his various sources of research and explained the report should be ready by the end of the week. He added that he has an obligation and will not risk his license and career to lie for the City Council. Sam Riggs, 5092 Lakeshore Blvd., stated he delivered a letter to Bruce Isaacks, District Attorney, requesting an investigation since residents and voters deserved an independent investigation with no bias. He said he had not yet received a reply from the District Attorney's office. Mr. Hikel responded to Mr. Riggs stating the District Attorney must be presented with specific evidence of criminal activity before an investigation will be launched. He continued that the District Attorney has not been provided with credible evidence that violations have occurred. Jim Wright, 5124 Runyon Dr., claims he is not opinionated but is tired of hearing about The Colony involved in land and liquor issues assuming money has been made. He cited the problems the City of Frisco had with their airport land sale. Bernetta Henville-Shannon, Ballard Trail, requested copy of the report prepared by Mr. Hikel. She demanded that Councilmen Garcia, Jue and Gordon, her representatives, seek independent counsel. She claims that the investigation by Mr. Hikel is cannot be unbiased. She requested an action item be placed on the next agenda to appoint independent counsel. Councilman Stanwick asked Mr. Hikel if the documents provided to him for his investigation is privileged information or open records available to any citizen. Mr. Hikel responded that it is all open records and his report will be open records as well. Councilman Kovatch said he is not questioning anyone's integrity but that we must be concerned with perception. Councilman Dillard asked if we are paying Mr. Hikel why hire another attorney. The new attorney would be working for the City as well. He added that it cannot be determined until Council has an opportunity to review Mr. Hikel's report. Councilman Garcia stated he wants to wait for the full report to be presented. Council can then look into the cost involved in hiring another attorney and should an attorney be hired, they should have no connection with anyone serving on a board or any employee. Councilman Stanwick is not interested in hiring another attorney but invited citizens to do so if they felt it necessary. Councilman Kovatch objected to Councilmen Gordon and Jue and Mayor Manning participating in discussion. Mr. Hikel responded that if the Council were taking action their participation would be inappropriate, but just taking part in discussion would be allowed. Mr. Hikel continued by saying he had reviewed several Attorney General opinions and determined that before a vote is taken, a councilmember must file an affidavit and recuse himself. Mr. Hikel does not feel any violations exist. 3.7 Consideration of approval of a resolution authorizing the mayor to execute an economic development agreement between the Billingsley Company and the City of The Colony relating to an expenditure of $250,000 4A funds to the Billingsley Co. as an economic development incentive for the Billingsley/Pizza Inn project Motion to approve - Dillard; second- Kovatch, carried with all ayes. 4.0 DISCUSSION ITEMS 4.1 Council Expenditure Correction Patti Hicks, Interim City Manager, explained that per diem checks issued to councilmembers prior to the TML conference were returned unused by Councilman Gordon and Mayor Manning. 4.3 Receive progress report on the 1999 Thoroughfare Bond Program Ken Leverich, Interim Public Works Director, presented a video showing the progress of the bond program currently underway for street repairs. He explained the timeline has been changed by one day so 12/4/00 far. Discussion followed regarding drainage. Ken Leverich added that Phase 2 will soon begin on Paige Rd. Councilman Kovatch asked if the traffic light at Momingstar and SH 121 could be installed prior to construction. If not may need a police officer to direct traffic at that intersection. Mr. Leverich indicated that paving is finished on Ragan Dr. and that Reed Dr. should be initiated before Christmas. He would like the contractor to finish landscaping on a few streets before another one is started. With no further business to address, Mayo~ttt/lanning adjourned the meeting at 8:45 p.m. ~ilffam W--. Ma~ing, Ma~or'~ '-~ ~ ATTEST: