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HomeMy WebLinkAbout06/02/2003 City Council 007826 June'S, 2003 lVlINUTES OF REGULAR SESSION OF COUNCI~ Hs:LD ON JUNE 2, 2003 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 2~aday of June 2003, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Bemetta Henville-Shannon Mayor Absent Allen Harris Councilmember Present Scott Ward Councilmember Present Joe McCoun'y Councilmember Present Lynda Bayliss Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with six present a quorum was established and the following items were addressed: 1.0 I ROIJTINE ANNOUNCEMENTS~ RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Allen Harris Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of Chief Joe Clark by "Bikes on a Mission" Rick Alexander representing Bikes on a Mission presented Chief Clark with a plaque to show appreciation for the donation of over 256 bikes to this group by the police department and for the police department providing traffic control for the Butterfly and Bicycle Festival held last weekend. Citizen Input Sam Riggs, 5092 Lakeshore Blvd. questioned whether it was appropriate for John Gordon to have served as mayor pro-tern at the May 19 and 22, 2003 meetings. Jim Roberts, ~.~.~. Lamer addressed the council regarding certification of Bemet~a Henville-Shannon as mayor. He said it is not about whether she is a nice lady or who got the most votes or even a about politics. He said it is a matter of law. Mr. Roberts said each councilmember swore to uphold the law and that they should not certify a convicted felon as mayor of this city. · Noel Long, 5029 Ashlock said each candidate probably ran on drawing business into the city. He said we have no mayor and that is a problem for the city. He said the council should demand that she step down from office. He said there is a job to do - make the decision and get on with the business of the city. Vicki Briggs, 5997 Sandhill Cir. Said she understands two separate law firms have reviewed the mayor's eligibility issue and that she would like to hear those opinions. She asked that those opinions be read in open session. Joe Agnew, 5301 Nash Drive strongly urged the council to bring the discussion regarding the mayor's certification into the public session. He said the citizens deserve that. William Jamme, 5405 Sutton said the opinions of the two attorneys should be discussed in open session, not executive session. [2.0 [CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council meetings held May 19, 22 and 23, 2003 (Hicks/Wilson) Motion to approve as written -$¢hrag; second- Bayliss carried with all ayes. 007827 June ~, 2003 2.2 Consideration of approval of a transfer of funds in the amount of $64,869 from the 2002 General Fund Certificates of Obligation to the 2002 Utility Fund Certificates of Obligation to fund the remaining costs of the Eastvale water line (Koo) Motion to approve as recommended-$chrag; second- Bayliss carried with all ayes. 2.3 Consideration of approval of a resolution authorizing an Interlocal Agreement between the City of The Colony and the Denton County Tax Assessor/Collector for the purpose of collection of property taxes (Carroll) Motion to approve as written -Schrag; second- Bayliss carried with all ayes. 2.4 Consideration of approval of a resolution to suspend the effective date of TXU Gas Company's requested rate change (Sparkman) Motion to approve as written -Schrag; second- Bayliss carried with all ayes. 2.5 Consideration of approval of an ordinance authorizing a contract with NEMA 3 Electric for emergency replacement of light poles at athletic complexes (Nelson) Motion to approve as recommended- Schrag; second- Bayliss carried with all ayes. 2.6 Consideration of approval of an ordinance authorizing a maintenance agreement with Billingsley Company to install an irrigation system and landscaping in the public right-of-way(Windhaven Pkwy.) (Persand) Couneilmember Marks pulled this item for discussion. Mr. Persaud advised this is a standard agreement similar to those used in the past for similar projects. Noel Long, 5029 Ashloek, said the city needs to be sure that people who use sprinkler systems don't use them when it is not necessary and that the water goes on the grass and not in the street. Motion to approve as recommended- Harris; second- Marks carried with all ayes. 2.7 Consideration of approval of an ordinance authorizing a maintenance agreement with the owner of Austin Ranch III to install an irrigation system and landscaping in the public right-of-way (Saintsbury & Arbor Hills Way) (Persaud) This item not addressed at the request of the developer. 2.8 Consideration of authorizing a parking fee at Stewart Creek Park for the July 4t~ Celebration (Swain) Councilmember Marks pulled for discussion. He asked staff to be sure the public knows in advance of these parking fees. David Swain advised due to the limited amount of parking, this ia temporary fee of $3.00 for parking at~er 4:00 p.m. on July 4~. Motion to approve as recommended- Marks; second- Harris carried with the following vote: Aye - Harris, McCourry, Bayliss, Marks No - Ward, $chrag 007828 .hme ~, 2003 3.0 I REGULAR AGENDA ITEMS 3.1 Receive report from Councilmember Perry Schrag regarding recent International Council of Shopping Centers Councilmember Schrag gave a brief report on the International Council of Shopping Centers recently attended by him and Councilmember Marks, along with Tom Terrell and Cindi Lane. Councilmember Schrag said it was apparent that having two Councflmembers in attendance made a difference in the a~tude of those with which thc team came in contact. He also noted there are no instant results, but said many contacts were made and there has already been one company that bas scheduled a visit to The Colony. 3.2 Receive report from John Dillard regarding Denton County Transportation Authority Mr. John Dillard, The Colony's representative on the DCTA board gave a brief overview of the draf~ service plan dated May 22, 2003. He covered the highlights of the plan, stating that this plan does not help the east side of Lake Lewisville. Mr. Dillard told the council that the city needs a transportation service plan in place that meets our needs. He further suggested that other cities east of the lake be contacted to discuss a regional transportation plan. Mayor Pro-tern MeCourry asked if the BSNF railroad was still in the plan and Mr. Dillard advised it was no longer included. 3.3 Public Hearing on application of Juan Sot# requesting a zoning change for a Specific Use Permit (SUP) for the sale of alcoholic beverages at Tres Amigos Restaurant located at 5313 South Colony Blvd.; and consideration of approval of an ordinance granting the SUP (l'er~ud) Mr. Persaud gave a brief background on this case. Mayor Pro-tern McCourry opened the public hearing. There was no input and thc public hearing was closed. Mr. Persaud advised the staff and P&Z recommend approval of this SUP. Motion to approve as presented- Schrag; second- Bayliss carried with all ayes. 3.4 Public Hearing on application of Cynthia Shailer requesting a zoning change for a Specific Use Permit (SUP) allowing for a dance studio, Ballet Plus, in a zoning district for shopping centers located at 6805 Main #180; and consideration of approval of an ordinance granting the SUP (Persaud) Mr. Persaud gave a brief background on this case. Mayor Pro-tern McCourry opened the public hearing. There was no input and the public hearing was closed. Mr. Persaud advised the staff and P&Z recommend approval of this SUP. Motion to approve as presented- Schrag; second- Harris carried with all ayes. 3.5 Public Hearing on application of Fred Gilani requesting a zoning change for a Specific Use Permit (SUP) for the sale of alcoholic beverages at Blue Ribbon Sports, Food & Fun located at 5201 South Colony Blvd. #760; and consideration of approval of an ordinance granting the SUP (Persaud) 3 007829 June ~, 2003 Mr. Persaud gave a brief background on this case. Mayor Pro-tem McCourry opened the public hearing. Councilmember Marks asked how the business is to be conducted with regard to the percentage of alcohol sales. Mr. Persaud said the owner wants to operate the establishment as a sports bar/restaurant. He plans to provide a complimentary "sandwich bar" for the patrons who purchase alcoholic beverages. Mr. Persaud advised that staff and P&Z recommend denial of this SUP and because of that recommendation of approval the SUP by council will require a ~ vote. Councilmember Ward noted there is no kitchen on the plan. Mr. Persaud advised there is no kitchen because they do not plan to cook food. There was no further input and the public hearing was closed. Motion to deny the Specific Use Permit as recommended by P&Z- Schrag; second- Bayliss carried with all ayes. 3.6 Discussion and action regarding city attorney services (Council) Discussion of this moved to the end of the meeting. 14.0 [ EXECUTIVE SESSION ITEMS 4.1 Executive Session as authorized by Section 551.086 of the Government Code regarding Economic Development and Section 551.071 of the Government Code regarding litigation; to-wR: 7:50 p.m. ennvene in Executive Session A. To deliberate the offer of a financial or other incentive to a business prospect. B. Consultation with city attorney regarding contemplated negotiations with BC[ Construction/Midcontinent Insurance Co. on construction of eight (8) residential streets, Certificates of Obligation 1999 issue. C. Consultation with counsel regarding canvassing the election of and issuance of certificate of election for office of the mayor, litigation, related issues and necessary appropriate action. 10:20 p.m. reconvene in open session 4.2 Consideration of appropriate action to be taken as a result of executive session. A. To deliberate the offer of a financial or other incentive to a business prospect. Motion for the City of The Colony to participate with The Colony Economic Devetopment Corporation and The Colony Community Development Corporation in the incentive package as discussed in tonight's executive session with the stipulation that the final agreement meets with Council approval- Bayliss; second- Schrag carried with all ayes. B. Consultation with city attorney regarding contemplated negotiations with BCI Constmction/Mideontinent Insurance Co. on construction of eight (8) residential streets, Certificates of Obligation 1999 issue. 4 007830 June ~, 2003 Motion to approve the expenditure of $60,000 to close out the BCI contract - Marks; second- Harris carried with all ayes. C. Consultation with counsel regarding canvassing the election of and issuance of certificate of election for office of the mayor, litigation, related issues and necessary appropriate action. The council received citizen input as follows: Barbara Manton, 5033 Shannon, said the city attorney's opinions regard this matter should revealed to the public. John Gordon, 5116 Brandenburg, asked that both attorneys' opinions be read into the public record. Lewis Jue, 4919 Hackney Lane, requested that all information regarding this matter be made public. Sam Riggs, 5092 Lakeshore Blvd., said the matter should have been discussed in open session. He said the council should eunduct a thorough investigation of how the information was brought to light and reminded the council of a November 2000 complaint he filed regarding the former mayor. Mayor Pro-tern McCourry read a personal statement (See Attachment "A") and then read the declaration of ineligibility as follows: "Section 141.001 (s)(4) of the Texas Election Code states that a person is not eligible to be a candidate for, or be elected to or appointed to any public office in Texas if the person has been convicted of a felony unless the person has been either pardoned or otherwise released from the resulting disabilities. I, Joe McCourry, Mayor Pro-tern of the City of The Colony, Texas, pursuant to Section 141.001 (a)(4) of the Texas Electiun Code, do hereby find Bemetta Henville- Shannon ineligible to hold public office in the State of Texas. Signed and sealed this 2na day of June 2003. Joe McCourry, Mayor Pro-tern City of The Colony, Texas ATTEST: Patti A. Hicks, TRMC, City Secretary" Mayor Pro-tern McCourry then asked the city secretary to read the canvassing ordinance. Ms. Hicks read portions of the ordinance as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING 'I'HE RETURNS AND DECLARING TH~: RESULTS OF A RUN-OFF ELECTION HELD IN SAID CITY ON THE 17TIt DAY OF MAY 2003, FOR TH~: PURPOSE OF ELECTING ONE MAYOR FOR SAID CITY; DECLARING A VACANCY IN THE Og~'ICE OF MAYOR; ORDERING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON THE 2N°DAY OF AUGUST 2003 FOR THE PURPOSE OF F~LLING SAID VACANCY; DECLARING AN EMERGENCY AND PROVIDING AN EFFEC'I'IVE DATE Sun¢ 1~, 2003 WliEREAS, the City Council caused to be published in accordance with the laws of the State of Texas notice of the election held May 17, 2003, to elect one mayor for said City; and WHEREAS, notice of election was actually given as required by law; and WI~REAS, said election was duly and legally held on May 17, 2003, in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the proper judges and clerks thereof; and WHEREAS, the election returns duly and legally made showed that there were cast at said election 2114 valid and legal votes, and that each of the candidates for mayor in said election received the following votes: FOR MAYOR Bemetta Henville-Shannon 1079 (Declared ineligible) John Dillard 1027 WHEREAS, Bemetta Henville-Shannon, candidate for the office of mayor was declared ineligible pursuant to Sec. 141.001 (a)(4) and Sec. 145.003 (d) of the Texas Election Code (See Attachment "A") and a vacancy is hereby declared in the office of mayor; WHEREAS, it is hereby found and determined by the City Council that it is necessary to hold a special election for the purpose of filling said vacancy in the office of mayor and that it is in the best interest of the City and its citizens to hold such an election; and WHEREAS, pursuant to Section 2.05 of the Home Rule Charter of the City, the special election shall be called within sixty (60) days of the date of the vacancy and Article 11, Sec. 11 (b) requires the special election to be held within one hundred and twenty (120) days after such v~cancy OCCurS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That each and every one of the recitals, findings and determinations contained in the preamble to this Ordinance are hereby tree and are incorporated herein as due, proper and formal findings and determinations of the City Council. Section 2. That it is further found and determined that one candidate for mayor in the run-off election held on May 17, 2003 was declared ineligible and a vacancy is hereby declared in the office of mayor. Section 3. That a special election to fill the vacancy in the office of mayor shall be held on the 2nd day of August 2003. Section 11. That the public importance of this measure and the fact that it is in the best interest of the City to declare the duly elected officers of the City at the earliest possible date for the immediate preservation of the public peace, property, health and safety oftbe City and its citizens creates an emergency and an imperative pub}it necessity which requires that this .lane ~, 200B Ordinance shall take effect and be in force from and after its final passage and approval, and it is accordingly so ordained. Motion to approve the ordinance as read-Schrag; second- Bayliss carried with all ayes. 3.6 Diseuasion and action regarding city attorney services (Couaell) William Jamme, 5405 Sutton Place, told the council that decision of this magnitude should be tabled. He referred to the inexperience of the current city Councilmembers and asked the council to postpone until a new mayor is seated. Councilmember Marks stated that he originally chose this date (June 2) because it fell after the election, however in light of the special election he believes this topic should be postponed. He made a motion to that effect, however there was no second and the motion failed. Councilmember Bayliss said the council has discussed seeking other frans and that council should go ahead and do that. Councilmember Hams said he thinks we should keep current firm in place while seeking RFQ's (Request for Qualifications). Councilmember Schrag stated that in Match he had believed this should be postponed, but that now he thinks we should go ahead and seek RFQ's. Motion to give 60 days notice to Hayes, Coffey and Berry (HCB) and direct staff to seek RFQ's - Schrag; second - Bayliss. Councilmember Marks asked what the issues are that have caused some members to have the opinion that we need to change f'tuns. Councilmember Hams said we need someone with municipal speeiaities. Councilmember Marks reminded everyone that the conflict of interest issue was not valid. He said that HCB represented the Maharishi against the State and that the city was not involved in that case. He said he does not think we should make this change now. Couneilmember Bayliss said she has nothing against Gary Day, but she thinks we need to look at options. Councilmember Schrag admitted that timing is probably not ideal, but that the council needs to bring closure to this issue. Motion carried with the following vote: ~lye - Harris, Ward, McCourry, Bayliss, Schrag No - Marks Mayor Pro-tern McCourry said he had one more motion to make on this issue: Motion to give HCB one week to deliver all documents to the city and that the city start using Brown and Hoffmeister during the time we are seeking RFQ's - McCourry Mayor Pro-tam McCourry said his reason for making this motion is that he believes the advice given to the city with regard to the canvassing issue was less than adequate. City Attorney Day advised the Mayor Pro-tern and he should call for a motion, not make the motion himself. Mayor Pro-tern McCourry said the charter gives him the full rights and privileges of the other Councilmembers, which means he can make a motion. He went on to say that Roberts Rules say that too. Mr. Day asked council to recess while he researched this matter. Recess: 10:50 p.m. Recenvene: 11:10 p.m. 7 007883 ~une ~, 2003 Mayor Pro-tern McCourry asked if there was a motion to be made. Motion to direct staff to give a temporary agreement with Brown and Hoffmeister during our RFQ process, which would begin in two weeks- Bayliss. Mayor Pro-tern McCourry restated thc motion, inchiding a statement to get thc files from HCB and give to thc city or Brown and Hoffmcister. Councilrncmber Marks said that getting the files was not included in the motion. Councilmcmber Bayliss restated her motion. Motion to direct staff to give a temporary agreement with Brown and Hoffmeister during our RFQ process, which would begin in two weeks - Bayliss; second- WartL Councilmernber Marks said the council just agreed to give HCB 60 days notice and now wc want to b_irc Brown and Hoffmcistcr. Hc asked what this would cost the city. Mayor Pro-tern McCoun'y said thc city would pay $3000 to HCB for the 60 days and that Brown and Hoffmeister had agreed to the same amount. Councilmcmber Marks noted wc would be paying $6000 for 60 days service. He went on to say hc was embarrassed by this move. Councilrnember Harris stated that he could not endorse this at this time. Motion failed with a tie vote as follows: Aye - Ward, Bayliss, McCourry No - Harris, Schrag, Marks With no further business to address the meeting was adjourned at 11:15 p.m. APPROVED: ATTEST: . .