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HomeMy WebLinkAbout03/03/2003 City Council 00778.. March 3, 2003 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 3, 2003 Before the meeting was called to order, Mayor Henville-Shannon announced there will be an election on May 3, 2003 and encouraged all to participate. 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 3ra day of March 2003, 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: 1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Dale Cheatham, City Manager Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Comments: Next Mayor's Insight Telecast Mayor Henville-Shannon adv/sed the next program on Channel 17 would be about severe weather Presentation from the Senior Citizens to the Police and Fire Departments Tom Whieldon presented representatives from each department with a plaque of appreciation from the senior citizens for all these two departments do for the good of our city and it's citizens. Citizen Input Helene Parker, 6037 Cypress Cove Drive, The Colony, spoke as president of the Chamber of Commerce and invited everyone to join them for the March meeting and encouraged a "mixer" of the two bodies (chamber and council) ]2.0 I CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council meeting held February 3, 2003 (Hicks) Mayor Henville-Shannon pulled this item to note two spelling errors on page 4 of the minutes. Motion to approve as corrected- McCourry; second- Jue carried with all ayes. 2.2 Consideration of approval of a resolution ordering a general election of officers to be held in the city on May 3, 2003 (Hicks) Councilmember McCourry pulled this item and asked if the dates for publishing the election notice could be changed. Patti Hicks, City Secretary advised the dates are set by the Texas Election Code. Mayor Henville-Shannon asked why there was no election judge named for one of the polling places. Ms. Hicks advised that her office had not been successful in finding someone to serve in that capacity, and as soon as one is named, that will be brought back to council for approval. 00778,:, March 3, 2003 Motion to approve as written - McCourry; second- Gordon carried with all ayes. 2.3 Consideration of approval of a resolution authorizing a joint election with LISD to be held May 3, 2003 (Hicks) Motion to approve as written - Jue; second- Bayliss carried with all ayes. 2.4 Consideration of approval of a resolution authorizing an Interlocal agreement with Denton County for the rental of voting equipment to be used in the May 3, 2003 general election of officers (Hicks) Mayor Henville-Shannon pulled this item to ask if voters would be able to deposit their ballots into a counting machine during early voting. Ms. Hicks advised that they would. She went on to state the machine would be sealed and secured at the end of each day of early voting and that the machine would not be "totaled out" until after 2:00 p.m. on Election Day. Motion to approve as written - Gordon; second - McCourry carried with all ayes. 2.5 Consideration approval of council expenditures for January (Council) Motion to approve as written - Jue; second- Bayliss carried with all ayes. 2.6 Consideration of approval of an ordinance amending the Code of Ordinances by amending Chapter 12, section 105 relating to deposits for water; section 107 relating to billing and section 110 relating to re-connect fees (Koo) Councilmember Bayliss pulled this item, noting that this item had been postponed from the last meeting. She asked if there were any changes. Rebecca Koo, Finance Director said she discussed it with Councilmember Schrag and there were no changes needed. Motion to approve as written - Bayliss; second - Jue carried with the following vote: ~lye - Gordon, Jue, McCourry, Bayliss, Schrag, Marks No - Henville-Shannon 2.7 Consideration of approval of an ordinance authorizing a lease agreement with Voice Stream for installation and maintenance of certain antennas and communication equipment on the City's water tower located at 5704 Chesapeake Drive (Persaud) Mayor Henville-Shannon pulled this item and asked Mr. Persaud if there is any urgency to this matter. Mr. Persaud said Voice Stream has asked for this to be approved. Mayor Henville- Shannon said she wants the Telecommunications Board to review this before the council approves it. Mr. Persaud said he does not have a problem with that, but that Voice Stream is ready to go on this project. Mr. John Hubbell with Voice Stream (also known as T-Mobile) said he is surprised by this request. He said it is critical for them to get E 9-1-1 on line and that crews are standing by. He said this delay would put them at a disadvantage. Councilmember McCourry asked if the antenna could be more stealth in design. Mr. Hubbell advised the antenna was designed according to city staff recommendations. Mr. Persaud noted that staff is pro-active in requesting a design which will accommodate co-location with another provider in the future. He went on to say that all standards have been met and the city attorney has review this agreement. Councilmember McCourry said he would prefer a design that did not appear so obvious when one looks up at the water tower. Kelly Moran, engineer for Voice Stream said that is not feasible in this case. Councilmember Gordon said that the contractor has followed our staff recommendations and that while he is in favor of beautification, he doesn't believe many people look up to the top March 3, 2003 of the water towers. Mr. Persaud noted that the water tower is such a huge mass, that the antennas won't be very obvious. Councilmember Marks said we should go with staff recommendation and not wait for the Telecommunications Board to review. Motion to approve as recommended- Gordon; second - Marks carried with the following vote: Aye- Gordon, Jue, McCourry, Bayliss, Marks, Henville-$hannon No - Schrag 2.8 Consideration of acceptance and award of bids for the annual contract to purchase chemicals and consideration of approval of an ordinance authorizing contract for same (Young/Sparkman) Motion to approve as written - Jue; second - Bayliss carried with all ayes. 2.9 Consideration of accepting a letter of resignation from Rick Allford from the Planning and Zoning Commission (Council) Motion to approve as written - Jue; second- Bayliss carried with all ayes. 2.10 Consideration of authorizing an amendment to the development Incentive Agreement with The Colony Gymnastics (Terrall) Motion to approve as written - Jue; second- Bayliss carried with all ayes. 2.11 Consideration of approval of a staff engineer position funded through the Bond Program (Scruggs) Councilmember McCourry pulled this item and asked Mr. Scruggs to explain the position. Mr. Gordon Scruggs, city engineer, stated the position is an engineer to manage the day- to-day operations of the design and construction of the city's capital improvement program. Councilmember McCourry said he did not see the need in another employee and asked for more justification. Mr. Scruggs explained that this person would facilitate the capital projects, which are funded through the bond program, and that it would significantly reduce the current workload on Ken Leverich, the Public Works Director. He said Mr. Leverich spends a great deal of time managing capital projects when he has other duties on which he should be focusing. Mayor Henville-Shannon asked if an engineering support technician would be enough instead of an engineer, but Mr. Scruggs advised that an engineer is needed in this position and went on to state the position would be dedicated solely on bond projects and would be funded from bond money. Councilmember Gordon reminded council that in 1999, when the bond program was implemented, the council committed to $3 - 5 million a year. He said there have been several projects go over budget and there have been several change orders. He said that he believes if the city had an engineer on board there would have been less problems. Motion to approve as recommended- Gordon; second- Marks carried with all ayes. 2.12 Consideration of approval of an ordinance authorizing an Engineering Services Contract for Design of a Pedestrian Signal at the Aquatic Park (Scruggs) Councilmember McCourry pulled this item and said he doesn't disagree that the signal is needed, but that he is concerned about where the money will come from. Mr. Johnston explained the money would come from the fund balance. He said if a crosswalk is deemed necessary, then staff wants to do it correctly, and engineering is needed. Mr. Johnston said if the crosswalk is approved, then it may be in the next bond issue. 3 March 3, 2003 Councilmember Marks thanked staff for bringing this project to council so quickly and asked if there is a projected build date. Mr. Johnston said staff wants to expedite as soon as possible and try to have it in place before the spray park opens. __ Motion to approve as recommended- McCourry; second - Marks carried with all ayes. 2.13 Consideration of acceptance and award of bids to Camino Construction for repairs to North Colony Blvd. and approval of an ordinance authorizing contract for same (Leverich/Sparkman) Mayor Henville-Shannon pulled this item and asked if Camino Construction is the same company who did the work on Blair Oaks and Arbor Glen. Mr. Leverich advised it is the same company. He said they plan to start in 14 days. Mr. Johnston said staff would bring the bids for alleys, sidewalks and wheel chair ramps to the council on March 17, advising the project bids were delayed due to the ice storm. Motion to approve as recommended- Bayliss; second - Marks carried with all ayes. 3.0 ] REGULAR AGENDA ITEMS ] 3.4 Consideration of and action regarding the current contract for legal services with the firm of Hayes, Coffey and Berry (Mayor Henville-Shannon) Mayor Henville-Shannon asked the council to terminate the contract with Hayes, Coffey and Berry (HCB). She said it was the council's opportunity to do the right thing and end the dual representation by that firm. She referenced proposed legislation, which has been filed. She handed out a copy and read as follows: "Conflict of Interest in representing a municipality. An attorney may not represent a municipality if the attorney or the attorney's law firm is currently representing a client who has an -- interest that the attorney knows or should know has a reasonable possibility of coming before the municipality." Mayor Henville-Shannon said since this has been filed and the contract (with HCB) is up for renewal or termination, she asked council to approve giving the firm their sixty-day notice. Councilmember Marks said he was behind the mayor last week in Austin when she was talking about this matter with Senator Nelson and that he was surprised how fast this bill was made available. He said it appears something is being railroaded through. He said this is just filed, not a law and now the council is being asked to cancel a contract based on this legislation. Mayor Henville-Shannon said she is not the only one who is concerned about this issue. Councilmember Marks said he is not opposed to the legislation, but is concerned that the council is being asked to cancel a contract based on legislation that has not been enacted. Mayor Henville-Shannon said there are other reasons. Councilmember Gordon said the contract has not expired and that it automatically renewed on February 28, 2003, therefore the contract is still in existence. Mayor Henville- Shannon said she approached the city attorney about this before February 28, but there was no council meeting before the 28t~. She said she is asking the council to send a sixty-day notice based on this legislation that has been filed and based on dual representation that we have with HCB by representing the city and the Maharishi (MGDF). Councilmember Jue asked our city attorney to interpret this proposed legislation. Mr. Hikel said the legislation was filed February 27, 2003, that it is now on the floor for debate and there is really no way to know what the final product will be. Councilmember Jue said this situation probably occurs all over the state and the United States. He asked if the entity is dealing with another governmental entity, then The Colony is not concerned with it. Since it is not our case, then we should not get involved and there should be no conflict. Mr. Hikel agreed if the matter involves two entities, excluding the city, then this legislation would not apply to the city. Mayor Henville-Shannon said she is asking the council cancel the contract based on the proposed legislation and based on the fact that there is dual representation by HCB by 4 March 3, 2003 representing our city and the MGDF property, a major land holder in our city. She said one of her concerns is the amount of money we are spending on outside counsel when there is a conflict of interest with our firm. She advised the amount spent with HCB since 1999 has been $361,498.00 and she said the amount would continue to grow if the city keeps this firm. One of the reasons is that we have to hire outside counsel because our firm has had a conflict of interest. The amount we have paid to date to Terry Morgan (our attorney on the MGDF case and Wynnwood Peninsula) is $28,748.00. It would be nice to have an attorney that could represent solely The Colony and not to experience the negative press we have been faced with over the past two years. She went on to say that negative articles from October 1999 to March 2001 and most of them deal with dual representation within our city. The mayor went on to say that there are probably many firms that would represent the city and a landowner, but she finds that to be totally unethical. Councilmember Gordon said most of the negative articles were based on quotes from her (the mayor) and if there is any negativity it is her responsibility. He said she has played the conflict of interest card many times since becoming mayor. He said it is time for her to get off her political agenda and hire a city attorney who will represent the city to the best of his ability. He said based on what she has said, Gordon Hikel did not represent the city in an ethical manner. Councilmember Gordon said he strongly disagrees. He said we have one of the best firms in Denton County representing us. He is concerned that Mr. Hikel solicited our business after he gave notice he was leaving the firm and Councilmember Gordon went on to say he is concerned that the city accepted proposals from other firms before the council has acted on this matter. He asked who asked for those proposals. He stated that the council has not decided whether to keep HCB or not. He said the council has been done an injustice by her (the mayor) playing her political agenda and that is entirely wrong. Councilmember McCourry said the record would reflect that Mr. Hikel stepped down when there was a concern about conflict of interest, and then we hired Mr. Morgan. He said Mr. Hikel was very ethical in his representation of the city and in fact, Mr. Hikel might say that this problem (conflict of interest) may be of the reasons he is leaving the firm (HCB). Councilmember McCourry said the proposed legislation means that the legislators realize this is a big enough problem to attempt to enact a law. Mayor Henville-Shannon said this is not her political agenda; it is the right thing to do. She said this is not something she created, but rather a mayor and council before her created the problem and chose not to take a stand. The mayor said Mr. Hikel is a man of honor and perhaps he is leaving HCB due to the conflicts in his firm. She said she might have done it a long time ago. Mayor Henville-Shannon said she is just asking council to take a stand. Councilmember Marks said if our mayor had not spoken to Senator Nelson (last week) this bill would not have come to us. He said he couldn't believe there are attorneys everywhere that don't represent both a city and a landowner. Councilmember Marks said that is why you hire ethical people. Mayor Henville-Shannon asked the council to state if they believe it is in the best interest of the city to keep HCB and asked for a comment from each of the council. Councilmember Schrag said he admits he is struggling with what the right decision is. He said he would like to keep Gordon, but he also does not think it is right to cancel the HCB contract based on a proposed legislation. He said a work session is in order and suggested postponing until after the May 3 election. Councilmember Bayliss said she thinks there has been a conflict of interest in the past and is in favor of canceling the contract, although she has the utmost respect for Mr. Hikel. Councilmember Jue said the suit in which HCB represented the landowner was with the state, not the city. It did not have anything to do with the city. He said in that case, this new law would not apply. He said the conflict of interest issue has been thrown around a lot in the last few years. He said Mr. Hikel interpreted our charter when those issues were brought up. Councilmember Jue said sometimes we make more of an issue out of something that it is really is, much like racial issues. He said he has no problem with receiving proposals from other firms, but he said HCB is highly respected in Denton County and he believes any attorney who has worked for them would say the same thing. He said the contract with HCB has been renewed since we did not act before February 28, 2003. 5 00778,._, March 3, 2003 Mr. Cheatham agreed the current agreement with HCB is in force and will not expire unless the council gives sixty days notice. Councilmember Jue agreed that a work session is needed to discuss this matter and look at options. Councilmember McCourry said whether this legislation had come through or not is irrelevant, but he said it supports the idea of conflict of interest when firm represents both sides. He said he thinks it is a conflict and that HCB could have said no when the MGDF came to town. He went on to say that we need to cancel the contract and end all of the questions. Councilmember Marks asked if all work by HCB, with the exception of MGDF issues, was acceptable. Mayor Henville-Shannon advised that we had also hired outside counsel to address the Wyrmwood Peninsula issue. He said if the MGDF sold the property tomorrow, then we would have lost a great attorney firm. He said if the mayor is asking us to reach deep down, then he believes the council should look at his or her own dealings regarding conflict of interest. Councilmember Marks reminded council that the former Place 6 Councilmember took money from a developer and then voted for the developer. He said he is against canceling the contract and suggested tabling this for discussion at a work suggestion. Councilmember Marks said he would like to hear from HCB, since they seem to have done a good job in representing us. But we need to keep in mind that if the MGDF sold their land tomorrow, then we would have lost a good law firm. He said he is all for tabling this issue perhaps until after the election. Councilmember Marks asked if we paid HCB for the same work being done by an outside firm. Mayor Henville-Shannon advised that HCB is paid a retainer of $3000.00 per month in addition to outside counsel. Councilmember Gordon said when we hire a city attorney; we hire the firm, not the person. He said many times when Mr. Hikel has been asked a question; he has gone to the firm for input before issuing an opinion. He said HCB is a quality firm and that he has no qualms about keeping them. He said he does not see any reason to saddle a new council with this decision. If the new council wants to make a change they can do that. Mayor Henville-Shannon said she is talking about dual representation. She said she is not the one who created the conflict of interest, going on to say that was created by former council and it was blown out of proportion because no one would do anything about it. The mayor said the charter was one of the first things she addressed when she was elected so the vagueness contained in the charter could be defined. She said the problem is that even if some of council does not see this as a conflict, it is the appearance of impropriety. She said she is not against Gordon Hikel. She said she thinks he is above reproach, but the firm is a problem. Richard Hayes - Hayes, Coffey & Berry addressed the council. He said it is the pleasure of HCB to have represented the city for the past 4 years. The firm has 17 attorneys and has tried to provide excellent legal representation. He said it is unfortunate that Gordon Hikel was hired away from them. Mr. Hayes said there are enough laws on the books regarding conflict of interest and he does not believe we need anymore. Mr. Hayes advised that his firm represented MGDF in a condemnation case, noting that is their (HCB) specialty. Mr. Hayes said his firm was never the development attorney for MGDF. Mr. Hayes went on to say that when the alleged conflict arose, his firm recommended that the city seek outside counsel. He said is a "firm" decision. He also said he did not believe there had been extreme additional costs due to the conflict problem. Mr. Hayes said someone has tried in many ways to find a conflict but there is not one. Mr. Hayes said the firm commits to provide the best representation possible and to avoid conflicts. He said they would like to continue to represent the City of The Colony. Councilmember Marks clarified, HCB never represented the MGDF during the development process. Mr. Hayes re-stated that they did not, and went on to say HCB does not like bad press either and tries hard to avoid it. Councilmember Marks asked if all the Dallas Morning News articles were incorrect. Mr. Hayes said he believes some people perceived that there was a conflict, but the facts were not reflected (in the articles). March 3, 2003 Councilmember Bayliss asked how many municipal attorneys are at HCB. Mr. Hayes said they do a lot of governmental work and there are three attorneys at the firms that he would call "specialists" in municipal law. Mayor Henville-Shannon asked how many cities HCB represents. Mr. Hayes replied nine. Mayor Henville-Shannon asked how many attorneys are leaving the firm in the next two weeks. Mr. Hayes said only Gordon Hikel is leaving. Mayor Henville-Shannon asked about Patricia Adams. Mr. Hayes replied that Ms. Adams has been on maternity leave and that now she will work 3 days a week for a city and 2 days a week for HCB. Margaret Wallis, 4636 Archer Drive said she doesn't think the council is talking about the qualifications of a law firm or an attorney. She said they are talking about the perception of our city. She said this item should not be tabled, but that this council should make this decision and they should cancel the HCB contract. Helene Parker, 6037 Cypress Cove Drive, suggested that the city call the Center for Ethics and Professionalism or the Texas Bar Association for an opinion. She said if the city is happy with Mr. Hikel, then they should keep him. Tiffany Haertling, 150 Canyon Oaks, representing Philips and Hopkins said their firm did submit a proposal at the city's request. She said if the city is happy with HCB, then they should stay with them, but if the city were not happy, then her firm would like the opportunity to represent the city. Councilmember Gordon asked who requested that proposals be accepted from other firms. Mr. Cheatham advised that Councilmember Jue had requested the proposal. Councilmember Gordon said we should not have accepted proposals at this time. Mayor Henville-Shannon said there are 3 options: 1. Give HCB 60 day notice of termination, 2. Stay with Gordon Hikel, or 3. Stay with HCB and have another attorney assigned, who is unknown to US. Motion to retain the services of Hayes, Coffey and Berry, giving the council (following May 3, 2003 election) an opportunity to hold a work session if desired - Gordon; second- Marks. Councilmember Marks said he was embarrassed by the discussion and apologized to Richard Hayes and his firm. Councilmember Marks said they should not have been put in this position. Councilmember Schrag said he did not know which is the best way to proceed. He said this came up very suddenly, without any previous discussion. Mayor Henville-Shannon said if we choose to stay with HCB, we will lose Gordon Hikel and there are several issues to be completed. That would take money to pay for the learning curve for a new attorney. Councilmember Marks said he removes his second from Councilmember Gordon's motion. Mayor Henville-Shannon asked Mr. Hikel to clarify what they just did regarding the removal of a second. Mr. Hikel said the mayor could entertain another motion, since Mr. Gordon's motion was withdrawn. He said the mayor could ask for another motion or could continue discussion prior to Mr. Gordon's motion. Councilmember Gordon clarified that he did not withdraw his motion. Mr. Hikel said Mr. Gordon is correct, the mayor could ask for another second since the motion had not been withdrawn. Mayor Henville-Shannon asked for another second, there being none, the motion died. Councilmember Jue clarified that when council received notification of this matter by e- mail council was asked to give staff a feel for what they (council) wanted to do. Councilmember Jue said council was told that Gordon was leaving HCB and that there may be some issues with the contract coming up and that council would need to decide what to do. Councilmember Jue also stated that the e-mail advised that Tiffany Haertling had contacted us and would be interested in serving as our city attorney since she had served in that capacity before. Councilmember Jue said he responded that it would be fine (to accept proposals) if that is an option that staff recommends. Councilmember Jue further stated that he assumed if staff did not get any other 7 March 3, 2003 direction, they (staff) would come up with options for action to be taken. Councilmember Jue said he understood that there were several firms wing for our business and that he thought that if one of the options were to seek proposals, then it would be fine for proposals to be brought to .._ council. Councilmember Jue said perhaps his e-mail was misinterpreted, but that was his understanding of the matter. Councilmember Schrag said he would like to table this to a specific date. He was advised that could be done. Councilmember Schrag said to Mayor Henville-Shannon and to Councilmember Gordon that he did not intend to imply there was a political agenda when he suggested tabling until after the election. Councilmember Schrag said he is torn between whether this is something we should leave for the next council or if this is something we should handle before the next council. Councilmember Schrag said he would like to consider HCB, Gordon Hikel and perhaps others. Councilmember Schrag said he would like to table this to a specific date before May 3. Mayor Henville-Shannon asked Councilmember Schrag if he realized tabling this issue meant losing Gordon Hikel. Councilmember Schrag said that is one reason why he is torn, but that an issue this big is not something he wants to make a quick decision on. Motion to table to a special session no later than April 15, 2003 to look at all options - $chrag; second- Marks. Councilmember Gordon clarified that the motion means a special session before April 15, 2003 and Councilmember Schrag said it does. Councilmember McCourry amended the motion to include a 60-day notice to HCB. Mr. Hikel clarified that if the amended motion is seconded then it can be discussed, but if there is no second, it will die. Councilmember Bayliss seconded the amended motion. Councilmember Gordon asked if another person could amend the motion of someone -- else. A recess was called for research by the city attorney. Recess 9:25 p.m. Reconvene 9:45 p.m. Mr. Hikel advised that since the amended motion was germane to the main motion, it could now be discussed. Councilmember Gordon clarified that the amended motion meant to give notice of termination of the contract with HCB. Mayor Henville-Shannon said there was another citizen who wished to speak. The council agreed to hear from the citizen. Diana Hill, 5544 Big River, said she is a 4-month resident. She made 3 comments: 1. She asked why the city takes money from water deposits to pay for staff travel. 2. She said it is good the conflict of interest issue is on the table. 3. She expressed concern over the council's lack of knowledge of Roberts Rules of Order. Following the input, the amended motion was voted on as follows: Aye - McCourry, Bayliss, Henville-Xhannon No - Gordon, Jue, $chrag, Marks The motion failed. Mayor Henville-Shannon asked council to vote on Councilmember Schrag's motion. The motion was re-stated. Motion to table to a special session no later than April 15, 2003 to look at all options. The motion carried with the following vote: Aye - Gordon, Jue, Schrag, Marks No - McCourry, Bayliss, Henville-Shannon 8 March 3, 2003 3.2 Receive report from Phelps Wood Architects regarding design plans and give direction to staff for proposed remodeling of the senior center, old library, police and courts building (Nelson) Pam Nelson introduced Art Phelps and Tommy Osborne with the firm Architects Phelps- Wood. Mr. Phelps explained the several schemes and noted these had been discussed with staff and representatives from the Senior Citizens and the Arts group. The five schemes are described below: 1A&B Add 3,000 sq. ft. to existing Senior Center to create a new Colony Arts Building 2 Add 2,000 sq. ft. to existing Senior Center for Seniors 3&3A Remodel the old Library for The Colony Parks and Recreation Department Administration offices and the Senior Center 4. Remodel old Library for the Colony Parks and Recreation Department Administration Offices and Arts Building 5.Police Department - Minor Revision Cynthia Parker, member of the Cultural Arts Board said her preference would be scheme lA, but was concerned about the parking spaces. Mr. Phelps advised that when the Denton County Building is not in use, the parking can probably be used for overflow parking. He went on to note that the facility would have 48 spaces, which meets the code requirement for 125 people. Councilmember Schrag said he is not comfortable with spending this money at this time, stating that we don't have to please everybody. Councilmember Schrag said the Senior Center is a Denton County building and asked if we had acquired the county's permission to do the renovations. Going on, he said he would only be comfortable spending money to make renovations to the police building and maybe to renovate the old library building. Councilmember Bayliss expressed concern about where the money would come from also. Mr. Cheatham explained that $1.3 million plus $56,000 in hotel/motel taxes is available now, plus the hotel/motel tax from this year. Councilmember Bayliss said the senior citizens should be moved to the old library building to meet their needs and went on to say all the plans look good. Mr. Cheatham further explained funding. He said if council approves Option lA there is $1.5 available to do two of the buildings, and then money from the next bond issue could be allocated for the third building. Councilmember Jue asked Chief Clark how long these proposed renovations would last. Chief Clark said this is a very good plan and would last for 5years. Councilmember Gordon asked if the county building could be used for this purpose (Arts Center). Mr. Cheatham advised that Danny Brumley with Denton County is going to take the plan to the County Commissioners. The lease, which is automatically renewable, does allow the city to recoup some of the cost of renovations, in the event the council cancelled our lease. Councilmember Gordon asked Chief Clark if the sally port is important. Chief Clark replied that it is of paramount importance, stating it is a matter of security for officers and it is a protection from the weather. Chief Clark stated also that at some time the jail would need to be expanded, but not now. Christi Martin, 5909 Madison Drive, said she would prefer lB, but knows it is not feasible, so she does agree with scheme lA. She too is concerned about parking and believes that more will be needed. Councilmember McComTy referenced a letter received from a senior citizen, in which was stated that moving the seniors to the old library building is a traffic safety issue. The letter said many seniors feel unsafe exiting the current facility due to the increased traffic on FM 423. Mayor Henville-Shannon said she likes scheme 1A for the arts, stating they need to be by themselves. She further stated she believes it is time to address the police facility and that she likes scheme 3 for the seniors. She said it is a good idea to combine P&R and the seniors in one facility. Mr. Cheatham re-stated that $1.3 million was set aside for the old library building and that would be enough money for two of the three buildings. He said if council authorizes the 9 March 3, 2003 renovation of all three buildings, then debt will be issued later this year to cover the remaining building. He also noted that hotel/motel tax could be used for the arts building. Mr. Cheatham said once the council gives the O.K., a reimbursement resolution would be passed to allow work to begin before the funding is available. Mr. Phelps said construction would be planned so that time without a building will be minimal to all groups involved. Councilmember Jue said he would like to see all three buildings renovated and wants staff to proceed with taking the plans to Denton County for permission to renovate the senior center. Councilmember Jue said then once all the details are in place bring the plans back for council to vote on expending the money. Ron Czarny (representing the seniors) said 80% of the senior citizens want to move. Gem Baines with SPAN asked if plans include a facility for congregate meals and Mr. Phelps said they do. Charlye Heggins, the site coordinator for SPAN said she would like to see them move into the Library Building. Councilmember Schrag said he understands and is glad that the arts will bring in money, but noted that money does not go back directly to the taxpayers. Councilmember Schrag said he does not think arts should be treated as a city service. Ms. Martin said they (arts groups) only want a start and that they hope to one day fund themselves. Motion to authorize Option 1 which includes Scheme IA, Scheme $/3A and Scheme 5 for a grant total of $1.947,116 as recommended by staff, assuming Denton County approves the renovation of the senior center building - Gordon; second - Jue, carried with the following vote: Ayes - Gordon, Jue, McCourry, Bayliss, Marks, Henville-Shannon No - Schrag 3.1 Public Hearing on application of Agim RRukiqi requesting a specific use permit for the sale of beer and wine for on-premise consumption at Roma's Italian Restaurant located at 6700 Main Street, Suite 150, and consideration of an ordinance granting the Specific Use Permit (Persaud) Mayor Henville-Shannon opened the public hearing. Mr. Persaud gave the background on this item, stating that P&Z and staff recommended approval. There being no further input, the mayor closed the public hearing. Motion to approve as recommended - Gordon; second - Bayliss carried with all ayes. 3.3 Consideration of authorizing expenditure of $400.00 for 2003 membership dues to the Metroplex Mayor's Association (Council) Mayor Henville-Shannon stated that she had provided documentation regarding the payment of past dues to this association. She pointed out that there was a misunderstanding about the billing and that the dues paid last year were not paid with public funds but with a private donation. She said thank you to the citizens who sent their mayor to meet with other mayors. Mayor Henville-Shannon stated that at the last meeting Councilmember Gordon had questioned her honor and integrity for purely political purposes and further stated that if he (Gordon) wanted to question her integrity for political reasons to please do that on the campaign trail. She went on to say they (Council) is here to take care of the people's business, not his political agenda. She then asked if there was more discussion on this item. Councilmember Gordon stated he was prepared to vote yes on this item, but since she brought up the subject and mentioned that he had questioned her integrity, then he felt compelled to tell her what he found out when he spoke to the secretary of this organization (Metroplex Mayor's Association). Councilmember Gordon said he was told that Mayor Henville-Shannon had started attending these meetings in May of 2001 and dues were never paid for 2001, so when 10 March 3, 2003 they received a check from the citizens, they applied that check for the 2001 dues that had not been paid. Councilmember Gordon said the secretary indicated that she was frustrated and was giving up on pursuing this matter. Councilmember Gordon went on to say the mayor had represented the city in a very negative way and had brought bad connotations to it and that he wanted to go on the record as stating that she lacks leadership. Mayor Henville-Shannon replied that the feeling was mutual and stated that the Association had provided the documentation (in the packet) and then called for a motion. Motion to authorize the expenditure of $400.00 for 2003 dues to the Metroplex Mayor's Association - McCourry; second - Schrag carried with the following vote: Ayes - Jue, McCourry, Bayliss, Schrag, Marks and Henville-Shannon No - Gordon 3.5 Consideration of and action regarding continuing to employ Gordon R. Itikel as the city attorney This item was not addressed. With no further business to address, the meeting was adjourned at 11:00 p.m. APPROVED: ernetta Henwlle Shannon, Mayor ATTEST: Patti A. Hicks, TRMc, City Secretary 11