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HomeMy WebLinkAbout12/18/2000 City Council 12/18/2000 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON DECEMBER 18, 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 184 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: 11.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Bruce Scofield, First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation of National Night Out Awards - Joe Clark, Chief of Police, introduced Mark Phillips, National Night Out coordinator, who recognized block party captains. Mr. Ray Reynolds, most successful block party captain, presented Mayor Manning with a plaque naming The Colony as an outstanding participant in "America's Night Out Against Crime". 1.1 Citizen Input - none 12.0 I CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council meetings held December 4 and 9, 2000 Motion to approve - Garcia; second - Dillard, carried with all ayes. 2.2 Consideration of a resolution authorizing an Interlocal Agreement with Denton County for Library services Motion to approve - Garcia; second - Dillard, carried with all ayes. 2.3 Consideration of approval of council expenditures Motion to approve- Garcia; second- Dillard, carried with all ayes. 13.0 I REGULAR AGENDA: 3.1 Public Hearing regarding a request for a zoning change from General Retail "GR" zoning district classification to Duplex "D" zoning district classification for a 0.55 acre tract of land, located East of Main Street (FM 423) on Chowning Circle; and consideration of approval of an ordinance granting zoning change Harry Persaud, Planning Director, gave an overview of the request. He added that the Planning and Zoning Commission recommended approval of the zoning change. Councilman Stanwick asked if there would be any problems with having single family homes surrounded by 12/18/2000 duplexes. Mr. Persaud indicated there should be no problem and the change would be a better use of land uses. Mayor Manning opened the public hearing. Hearing no input, Mayor Manning closed the public hearing. Motion to approve - Gordon; second - Kovatch, carried with all ayes. 3.2 Consideration of approval of a site plan for Wallco Drywall, located on a 0.386 acre tract, located at 5201 S. Colony Boulevard, Suite 535 Mayor Manning read the item caption and corrected the site address to read Lot 1, Block 1, Wallco Addition. Mayor Manning asked Gordon Hikel, City Attorney, if the incorrect site address on the agenda would pose a problem. Mr. Hikel responded that the error was not substantive and posed no problem. Motion to approve - Dillard; second - Kovatch, carried with all ayes. 3.3 Consideration of approval of a site plan for the Parks of Austin Ranch Phase II, located on a 20.60 acre tract of land in the Austin Ranch Addition Lucillo Pefia, representing Billingsley, showed renderings and elevations of the proposed development. He explained that each street would have a different front fa¢ade to give each street its own character. Mayor Manning asked if there would be the same amount of retail as originally proposed. Mr. Pefia responded that conceptually there would be the same amount of retail. Councilman Kovatch asked if Billingsley was still operating with the original zoning and density. Mr. Pefia responded yes. Mr. Pefia added this phase would be approximately 20 months until completion. Motion to approve - Stanwick; second - Gordon, carried with all ayes. 3.4 Consideration of approval of a site plan for IHOP, located on a 1.148 acre tract, located north of SIt 121 and east of Blair Oaks Road Mr. Persaud gave a brief explanation of the proposed development. Motion to approve - Stanwick; second - Kovatch, carried with all ayes. 3.5 Consideration of appointment to the Capital Improvements Advisory Committee Mr. Persaud explained that Vernon Jackson, representing the developer, would serve on the committee if appointed. Councilman Kovatch said he wanted a resident of the ETJ to serve. Mr. Persaud explained he had been unable to reach any residents willing to serve. Motion to appoint Vernon Jackson to Capital Improvements Advisory Committee - Stanwick; second - Gordon, carried with all members voting aye except Councilman Kovatch who voted no. 3.6 Consideration of an ordinance authorizing an indefinite delivery contract with Deshazo, Tang and Associates for traffic/transportation engineering services Abel Saldafia, City Engineer, explained the City can negotiate manpower rates. Councilman Stanwick asked if the final payment could be held until all pertinent information/documentation was received by the City. Mr. Saldafia responded that typically deliverables would have to be received prior to payment. Motion to approve with stipulation that all materials be received by the City prior to final payment be added to Section XV- Stanwick; second - Dillard, carried with all ayes. 12/18/2000 3.7 Consideration of approval of an ordinance authorizing an indefinite delivery contract with Nathan Maier for hydrology/hydraulics engineering services Motion to approve with stipulation that ali materials be received by the City prior to final payment be added to Article VI- Stanwick; second- Gordon, carried with all ayes. 3.8 Consideration of approval of an ordinance authorizing an agreement with Shimek, Jacobs and Finklea Consulting Engineers for a Supervisory Control and Data Acquisition (SCADA) System to monitor and control the pumps at the Office Creek Pump Station and three water wells Abel Saldafia distributed a proposal schedule. Mr. Ron Conway, Shimek, Jacobs and Finklea, explained that mechanical devices were left in place as redundant back-up to the SCADA system. Mr. Saldafia added that the pumps at water tower #2 are being taxed which can cause main breaks. The SCADA system can regulate the pumps. Motion to approve - Stanwick; second- Garcia, carried with all ayes. 3.10 Receive report from Competitive Communications Group regarding audit of franchise payments to the City Tony Johnston, Finance Director, informed Council that the audit of franchise fees should be complete within the next few weeks. Marilyn Fox, representing Competitive Communications Group, explained that with several cities reviewed, TXU has consistently omitted certain revenue streams in the area of miscellaneous service revenues and other electric revenues. Councilman Stanwick asked if the cities had recovered any fees. Ms. Fox explained that several cities were considering litigation. 3.11 Discuss and take appropriate action as needed on the TXU Electric/TXU Lone Star Gas Litigation Mayor Manning asked if any Councilmember could vote on this issue if strict interpretation of the charter (conflict of interest) is used. Gordon Hikel, City Attorney, stated that Council could be considered customers of TXU and could not vote, however, conflict of interest is in place when there is monetary benefit. Mr. Hikel continued that the audit is not complete and a decision about litigation should wait until the report can be completed and reviewed. Mayor Manning pointed out that action should be taken by the end of December to be able to join the litigation. Mr. Hikel added that the Council has to make the call whether to wait for the audit and possibly file a separate lawsuit if necessary. Ms. Fox stated that her firm is waiting for some numbers from TXU which should be received within the next 2-3 weeks. Councilman Stanwick asked how many other cities had joined the lawsuit. Mr. Hikel responded that some 30+ cities have joined. Councilman Stanwick questioned if the $15,000 (based on 50¢ per capita) can be justified to recover $20,000-$30,000. Tony Johnston responded that recouping benefits now establishes a base for future revenues. Councilman Stanwick added that Council has already voted to not participate in litigation or sign a letter agreement with TXU. Mayor Manning commented that there would probably be another group formed at a later date for litigation. No action was taken by Council. 3.9 Consideration of approval of an ordinance of the City of The Colony, Texas finding that after reasonable notice and hearing, that TXU Gas Distribution's rates and charges within the City should be changed; determining just and reasonable rates; 12/18/2000 adopting weather normalization adjustment; rejecting plan investment clause; approving an adjustment factor for certain fees and taxes; providing for recovery of rate case expenses; preserving regulatory rights of the City; ordering that the company i'de tariffs reflecting approved changes in rates and charges; providing for repeal of conflicting ordinances Gordon Hikel, ,City Attorney, said he had been in contact with Jeffrey Gay, the attorney hired by a steering committee, and both recommend approval. Motion to approve - Stanwick; second - Dillard, carried with all ayes. 3.13 Receive report from city attorney regarding alleged violations of conflict of interest and violations of the Charter by certain members of the Council Gordon Hikel, City Attorney, stated that he has released a 21-page report having researched several issues in connection with the City Charter. His problem was trying to interpret the intention of the Charter as written. After research and analysis he has found that affidavits were properly filed by members of Council with possible conflicts of interest. Mr. Hikel compared the Local Government Code, the City Charter and common law to decide there have been no violations. He continued that a Councilmember would have to vote to actually violate the Charter which was poorly written. Discussion followed regarding possible conflicts of Mayor Manning, Councilman Gordon and Councilman Jue. Councilman Kovatch said he still wanted an outside investigation. Mr. Hikel reported that Bruce Isaacks, District Attorney, has agreed to launch an investigation and there could be no more unbiased opinion. Councilman Stanwick clarified that the Council cannot make changes to the Charter - must be accomplished by public vote, and that Mr. Hikel was asked to research for ethical violation where Mr. Isaacks will conduct for criminal violations. 3.12 Discuss and take appropriate action as needed regarding the hiring of a law firm to conduct an investigation of allegations against certain Councilmembers Bernetta Henville-Shannon, Ballard Trail, expressed her appreciation for Councilmen Gordon and Jue not participating in any discussion regarding conflicts. She added that the report was what everyone had expected - exonerating Manning, Gordon and Jue. She reported the City Council has already spent $14 million without public input so what's a little more. She wants an independent investigation. Mayor Manning reported that Hayes, Coffey & Berry has a very large staff and that any business Don Blackwood has given them is just a "drop in the bucket." Councilman Kovatch called point of order since the District Attorney does not qualify as a law firm. No action taken. I 4.0 CITY MANAGER AND STAFF REPORTS 4.1 Recycling Coordinator Report - Shirlene Sitton, Recycling Coordinator, gave a presentation of the fall activities. 4.2 Denton County Days - Patti Hicks, Interim City Manager, announced that Denton County Days would be February 26-27 in Austin. Since Monday, February 19, is a holiday and members of Council may be attending Denton County Days on Monday, February 26, the regular sessions for the month of February will have to be changed to February 5 and 12. She will be contacting Councilmembers later with additional information regarding Denton County Days. 12/18/2000 0 0 ? 4 '?, ', With no further business to address, Mayor Manning adjourned the meeting at 9:30 p.m. APPROVED: Maiming, ATTEST: l~hanh Devlin~ D~puty City Secretary