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HomeMy WebLinkAbout11/04/2002 City Council November 4, 2002 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 4, 2002 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 4t~ day of November 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 - Councilmember Joe McCourry Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of P&R staff for receiving TAAF Award (Nelson) Pam Nelson, Parks & Recreation Director recognized her staff for their hard work in securing the Platinum Award from TAAF. She said this is the highest award given by TAAF. The Colony is one of only four cities in Texas to receive the award. Ms. Nelson also recognized David Swain for receiving the TAAF Young Professional Award Receive Quarterly CHAMPS Report (Walden) Sue Walden reported that during the last quarter the CHAMPS program saved the city $5,502.53. She further advised that four park benches had been installed. Ms. Walden also advised that this would be her last report as she is stepping down as coordinator for the CHAMPS program. She said the city staff would now run the program. Citizen Input - none 12.o I CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council meeting held October 7, 21 and 28, 2002 (Hicks//Wilson) The minutes of October 7, 2002 are to be corrected to reflect the correct vote on item 3.3. The minutes of October 21, 2002 are to be amended to include a verbatim transcript of the conversation, which took place at the meeting between Mayor Henville-Shannon and Councilmember Gordon. The October 28, 2002 minutes are to be amended to include Option #8 as presented by Councilmember John Gordon. October 21 and 28 minutes will be brought back at the next regular session. Motion to approve the October 7, 2002 minutes as corrected - Gordon; second - $chrag carried with all ayes. 2.2 Consideration of acceptance and award of bids to CCI Manufacturing for the annual contract to purchase concrete and approval of an ordinance authorizing contract for same (Sparkman/Leverich) Councilmember McCourry asked if the concrete would meet COG standards. Staff advised that it would. November 4, 2002 Motion to approve as presented - McCourry; second - Jue carried with all ayes. 2.3 Consideration of rejection of the bid received from Itunter-Knepshield, Inc. for the extension of the courtesy dock at Itidden Cove Park (Nelson) Councilmember McCourry stated he wanted more information on this item. Ms. Nelson said the agenda should have read Stewart Creek Park, not Hidden Cove Park, noting the back up turned in had mistakenly read Hidden Cove Park. Councilmember McCourry asked if this item could be postponed and posted correctly. Gordon Hikel, city attorney said that is not necessary, stating this is only a typographical error. Councilmember Marks asked if there could be any repercussions because the item was posted wrong. Mr. Hikel said no because there is no current bid out for Hidden Cove Park. Motion to reject the bid from Hunter-Knepshield, Inc for Stewart Creek Park - Jue; second- Gordon carried with all ayes. 2.4 Consideration of approval of a resolution authorizing the city manager to execute the Greater Dallas-Ft. Worth Regional law Enforcement Interlocal Assistance Agreement (Clark) Motion to approve as presented - Gordon; second - McCourry carried with all ayes. 2.5 Consideration of approval of a resolution adopting the City of The Colony's Financial Management and Debt Management Policies (Koo) Motion to approve as presented - Gordon; second - McCourry carried with all ayes. 2.6 Consideration of approval of budget transfers in the amount of $150,000 from the Community Complex - 5 Star Capital Projects Fund to the General Fund for irrigating fields at Five Star Community Complex for fiscal year 2002-2003 (Koo) Motion to approve as presented - Gordon; second - McCourry carried with all ayes. 2.7 Consideration of approval of the following change orders for Five Star CommunityComplex: East Parking Lot $276,974 (CDC Fund 64) Football Field Lights $ 88,475 (CDC Fund 64) Storm Sewer Headwall Relocation $ 28,100 (Drainage Impact Fee fund) (Nelson) Councilmember Gordon asked Pam Nelson to explain this item more fully. Ms. Nelson said the east parking lot and lights for the second football field were not included in the original bid on this project due to insufficient funding at the time of the bid. After review of the Five Star account, it has been determined there are sufficient funds available to cover these two change orders. The third change order is for the extension and relocation of an existing storm sewer line and headwall in the Office Creek drainage channel adjacent to Five Star. This change is needed due to revisions in the Office Creek drainage channel plans. Funding will come from the Drainage impact fee fund. Councilmember Gordon said he is very proud of P&R and their efforts to reduce the costs of the Five Star complex. Motion to approve as presented - Gordon; second - Marks carried with all ayes. I 3.0 I REGULAR AGENDA ITEMS 3.1 Consideration of appointments to the following advisory boards: Planning and Zoning Economic Development Corporation 2 November 4, 2002 Community Development Corporation Telecommunications Parks and Recreation Mayor Henville-Shannon opened the floor for nominations to fill one vacancy on P&R. The vacancy will be caused at the end of the year due to Nancy Wetzel asking not to be considered for re-appointment. The mayor advised that Mr. Brian Wade had advised staff that he would be interested in serving on P&R. Councilmember Gordon asked if Mr. Wade indicated if he is interested in serving on P&Z also. Ms. Hicks advised she did not know if he would be interested in both boards. Councilmember Bayliss nominated Brian Wade to serve in Place 3 of the P&R Board. Councilmember McCourry seconded the motion, which carried with all ayes. Mayor Henville-Shannon opened the floor for nominations to the Telecommunications Board. She asked each Councilmember to name the persons they wanted appointed to the board. They are as follows: Gordon - Cunningham, Switzer, Gillett, Leatham, Fogarty, Gehrke, Sparks Jue - Cunningham, Switzer, Gillett, Leatham, Fogarty, Kuether, Sparks McCourry - Cunningham, Switzer, Gillett, Fogarty, Kuether, Gehrke, Sparks Bayliss - Cunningham, Switzer, Gillett, Leatham, Fogarty, Kuether, Gehrke Schrag - Cunningham, Switzer, Gillett, Leatham, Fogarty, Kuether, Gehrke Marks - Cunningham, Switzer, Gillett, Leatham. Fogarty, Gehrke, Sparks Henville-Shannon - Cunningham, Switzer, Gillett, Leatham, Fogarty, Kuether, Sparks Votes for each are as follows: Switzer - 7, Gillett - 7, Cunningham - 7, Leatham - 6, Gehrke - 5, Kuether - 5, Sparks - 5 Mayor Henville-Shannon said there is a 3-way tie and reminded council that they plan to add an alternate position to this board. She asked the council to name their two nominations: Gordon - Gehrke, Sparks Jue - Kuether, Sparks McCourry - Kuether, Sparks Bayliss - Kuether, Gehrke Schrag - Kuether, Gehrke Marks - Sparks, Gehrke Henville-Shannon - Kuether, Sparks Votes for each are: Kuether - 5, Gehrke - 4, Sparks - 5 Motion to appoint Switzer, Gillett, Cunningham, Leatham, Fogarty, Kuether and Sparks to the Telecommunications Board- Jue; second- Bayliss carried with all ayes. Mayor Henville-Shannon stated that 36 applications had been received and she suggested that no person should be appointed to serve on more than one board until all applicants have been considered. Councilmember Gordon stated that is not necessarily the opinion of all Councilmembers. Mayor Henville-Shannon opened the floor for nominations to the 4B board. Councilmember Schrag moved to re-appoint Sue }Falden, Vicki Briggs and Susan King and Councilmember Jue seconded the motion. Mayor Henville-Shannon said that nominations from all council should be received first before a motion is made. Nominations were as follows: November 4, 2002 Councilmember Bayliss nominated Matt Armstrong, David Greer and Vicki Briggs. Councilmember Marks asked if a vote should be taken on the motion and second which is already on the floor. Mr. Hikel said a vote should be taken or Councilmembers Schrag and Jue could be __ asked to withdraw their motion and second. Councilmembers Schrag and Jue did withdraw the motion and second. Nominations from all Councilmembers were received as follows: Schrag - Walden, Briggs, King Bayliss - Briggs, Armstrong, Greer McCourry - King, Armstrong, Greer Jue - Walden, Briggs, King Gordon - Walden, Briggs, King Marks -Walden, Briggs, King Henville-Shannon - Briggs, Armstrong, Greer Councilmember Gordon moved to re-appoint the top 3 (IValden, Briggs and King) - second Schrag, carried with all members voting aye, with the exception of Councilmember Bayliss who voted no. Mayor Henville-Shannon opened the floor for nominations to the 4A board. Councilmember McCourry said he would like to move that we accept the three for EDC that we have since there are three positions by acclamation, which is Bob Norris, Al Garcia and Sue Walden. Councilmember Gordon nominated Michael Barrett. Mayor Henville-Shannon then asked for all Councilmembers to name their 3 nominations. Gordon- Norris, Garcia, Barrett Jue -Norris, Garcia, Barrett McCourry, Norris, Garcia, Walden Bayliss - Norris, Garcia, Walden Schrag- Norris, Garcia, Barrett Marks -Norris, Garcia, Barrett Henville-Shannon - Walden, Barrett, Norris Votes received are as follows: Norris - 7, Garcia - 6, Barrett- 5, Walden - 3 Motion to appoint Bob Norris, Al Garcia, and Michael Barrett - Marks; second- Jue carried with all ayes. Mayor Henville-Shannon opened the floor for nominations to the P&Z Commission. She noted that there is one vacancy and that 3 terms expire December 31, 2002 leaving four positions to be filled. Motion to vacate all positions nominate 7from both the current seated people and the people that were interviewed and have everybody put forth 7people -McCourry; second- Henville- Shannon Mr. Hikel advised the mayor that under Roberts rules the chair should not second a motion. Councilmember Bayliss then seconded the motion, which failed with the following vote: ,,lye - McCourry, Bayliss, Henville-Shannon No - Gordon, Jue, Schrag, Marks Mayor Henville-Shannon asked each Councilmember to name their nominees for P&Z 4 November 4, 2002 Marks - Jamme, Mikulec, Wade, Snider Schrag - Jamme, Mikulec Wade (He indicated he did not have fourth nomination) Bayliss -Mikulec, Harris, Armstrong, Tardy McCourry - Harris, Armstrong, Wade, Tardy Jue -Jamme, Mikulec, Wade, Snider At this time, Mayor Henville-Shannon asked Gordon Hikel if Dewayne Snider's name should be considered since he had indicated he was not interested in being reappointed. She said council decided to stop taking applications as of the end of September and then on November 1 Mr. Snider had sent a note stating he is interested in being re-appointed. Mr. Hikel said they need to follow the rules established by council. Councilmember Gordon said the cut off date was for new applications, not re-appointments. Mayor Henville-Shannon said it was for all applicants. Councilmember Jue asked Mr. Hikel if there is any difference between new applicants and those for re-appointment. Mr. Hikel advised it depends on how the "cut-off" notice was worded. Mayor Henville-Shannon said she made the statement to cut off the date for all applicants. Councilmember Schrag said, "I didn't think we could make any decisions in executive session. I'd also have to check the ordinance- I think everybody serves at the pleasure of the council is what it boils down to. I don't know if by our ordinance we can decide a cut-offdate, or is that something we need not worry? (Directing this toward Mr. Hikel.) Mr. Hikel advised that council could set a deadline. He went on to say that the council could vote tonight on the process. Councilmember Marks said he had discussed Mr. Snider's decision to not be considered for re-appointment and found that he did indeed want to be considered. Councilmember Marks said we should re-appoint people if they want to continue serving. Councilmember McCourry said council should consider those who took the time to interview. Councilmember Gordon asked Ms. Hicks how many had applied since the cut-off date. Ms. Hicks replied she did not know, but it was very few, probably 2 or 3. Councilmember Gordon noted that David Greer had received 3 votes for CDC and he had not come in for an interview. Councilmember McCourry stated that Mr. Greer was unable to come in on Monday, but that he had talked to him (Greer) Mayor Henville-Shannon read the following excerpt from the August 23, 1999 council minutes: "Motion to vacate all positions on the'Planning and Zoning Commission - Garcia; second - Dillard carried with all ayes. Motion to set effective date of vacated positions and new appointments as of August 25, 1999 - Gordon; second - Dillard carried with all ayes." Councilmember Jue asked if council could move on. Mayor Henville-Shannon asked if council considers Mr. Snider for re-appointment what would be done with the other applicants. Councilmember Gordon suggested continuing with nominations and if council wants to consider new applicants it would be O.K. with him. Nominations continued: Gordon- Jamme, Mikulec, Wade, Snider Henville-Shannon - Harris, Armstrong, Greer, Tardy Votes for nominees are as follows: Jamme - 4, Mikulec - 5, Harris - 3, Armstrong - 3, Wade - 5, Greer - 1, Tardy - 3, Snider - 3 With Jamme, Mikulec and Wade receiving the most votes, the mayor asked for a second vote to name the 4t~ person, which was taken as follows: Gordon - Snider Jue - Snider McCourry - Harris 5 November 4, 2002 Bayliss - Hams Schrag - Snider Marks - Snider Henville-Shannon - Harris Mr. Snider received 4 votes and Mr. Hams received 3 votes. Mayor Henville-Shannon said there were some things she would like to say about P&Z. She said she had been asked about her concerns with P&Z and she said she does have some. She said the application states they will seek training within 6 months after appointment and some did not get the training until 6 months ago. She said there had been a series of problems with TxDOT, that she is amazed at the things that come to P&Z and that she has been surprised by their actions. Councilmember Marks reminded the mayor that the agenda is for appointment to boards not to discuss the actions of P&Z. Mayor Henville-Shannon said she could discuss this matter under this agenda item. Mr. Hikel advised the council that they should adjourn into Executive Session immediately under Section 5 51 of the Government Code for consultation with the city attorney. 8:35 p.m. - Executive Session convened 8:40 p.m. - Regular Session re-convened Motion to appoint Jamme, Mikulec, Wade and Snider to P&Z - Gordon; second- Jue carried with the following vote: Aye - Gordon, Jue, Bayliss, $chrag, Marks No - McCourry, Henville-Shannon With no further business to address, the meeting was adjourned at 8:42 p.m. ~_%ROVED: Berne a Hehville-SMnnon, Mayor ATTEST:,,f ,.,- ~ ~ Patti A. Hicks, TRMC, City Secretary