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HomeMy WebLinkAbout06/16/2003 City Council 007834 June 16, 2003 MINUTES OF REGULAR SESSION OF COUNCIl, HELD ON JUNE 16, 2003 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 16t~ day of June 2003, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Allen Harris Councilmember Present Scott Ward Couneilmember Present Joe McCourry Mayor Pro-tem Present L3mda Bayliss Councilmember Present Perry Sehrag Councflmember Present Joel Marks Councilmember Present And with six present a quorum was established and the following items were addressed: 1.0 I ROUTINE ANNOUNCE1VIENTS~ RECOGNITIONS AND PROCLAMATIONS: I Call to Order Invocalion - First United Methodist Church - Pastor Judith Reedy Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input Joe McCourry stated that he wished to clarify something fi:om the June 2, 2003 meeting. He said that at the June 2 meeting there was a point of order questioning the ability of the mayor pro-rem to make motions fi:om the chair. He said the city attorney asked for a brief recess to research the point and the opinion of the city attorney was that the chair was not allowedto make morions. Mr. McCourry continued, stating that due to the late hour the mayor pro-tem acquiesced to the request of the city manager that another member of council make the motion. Mr. McCourry went on to say that clarification of this matter is necessary. He said that Roberts Rules of Order 10~ Edition and Sec. 2.09 of the Home Charter support the making of morions fi:om the chair. He quoted Roberts Rules of Order, "In a board meeting where there are not more than about a dozen members present, some of the formality that is necessary in a large assembly would hinder business. The rules governing such meetings are different." He further cited one of the differences, "The chairman can speak in discussion without rising or leaving the chair; ..... he usually can make motions and usually votes on all questions." Mr. McCourry then said to combine that with the charter provision, "...He may participate in the discussion of all matters coming before the council and shall be enritled to vote on any matter to the same extent as any other council member." Mr. McCourry said that the mayor pro-tem's motion (at the last meeting) was in order. Mr. McCourry said he had received a legal opinion before the June 2 meeting about this issue and that subsequent to that meeting he had received an opinion fi:om Rod Davidson, registered parliamentarian, w ho both a greed, t he c hair should be able t o make a nd second m orions a s a ny other member of council. He went on to say that it is important for the city to have a strong mayor and to remove that fight fi:om the mayor/chair of the council would put a shackle on this important position. He stated, "therefore the findings of the mayor pro-tem is that motions and seconds fi:om the chair will be allowed at this meeting and future meetings." 12.0 {CONSE AGENDA I 2.1 Consideration of approval of the minutes of the council meeting held June 2, 2003 (Hicks) Motion to approve the minutes as written - Schrag; second- Bayliss carried with all ayes. June 16, 2.2 Consideration of acceptance of a letter of resignation from Janice Rose from the Cultural Arts Board (Council) Motion to accept the resignation - Schrag; second- Bayliss carried with all ayes. 2.3 Consideration of acceptance and award of bids for the purchase of skate park equipment to Harpers Recreational Designs in the amount of $37,856.00 and approval of an ordinance authorizing contract for same (Nelson/Sparkman) Motion to accept the bids and award the contract to Harpers Recreation Designs as recommended - $chrag; second - Bayliss carried with all ayes. 2.4 Consideration of an ordinance authorizing the emergency purchase and installation of a raw sewerage pump from North Texas Pump Co., Inc. in the amount of $31,921.00 (Sparkman) Motion to approve the ordinance as written - Schrag; second- Bayliss carried with all ayes. 2.5 Consideration of approval of an ordinance authorizing a maintenance agreement with the owner o f Austin Ranch III to install a n irrigation system a nd Iandscaping i n t he public right-of-way (Saintsbury & Arbor Hills Way) (Persaua) Motion to approve the ordinance as written - Schrag; second- Bayliss carried with all ayes. 2.6 Consideration of authorizing the expenditure of seized funds by the police department in the approximate amount of $7000.00 for the purchase of specialized investigative equipment (Carroll) Motion t~ approve th~ expenditure as recommended- Schrag; second- Bayllss carried with all ayes. 2.7 Consideration of a resolution nominating Olive Stephens to serve as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District (Council) Motion to approve the resolution as written - Schrag; second- Bayllss carried with all ayes. 2.8 Consideration of council expenditures for the month of May (Council) Motion to approve the expenditures as presented-Schrag; second- Bayliss carried with all ayes. 2.9 Affirmation of the failure to pass the motion made at the June 2, 2003 Council meeting regarding Item 3.6 to hire Brown and Hoffmeister to begin in two weeks and provide legal services to the City until such time as the City enters into a new legal services contract (Council) Motion to approve as presented- Schrag; second- Bayllss carried with all ayes. ~ REGULAR AGENDA ITEMS 3.1 Public Hearing regarding an amendment to Section 15 of the Subdivision ordinance of the City of The Colony; Appendix B-Subdivision; adding a new Subsection entitled "Access to properties located outside the city limits" and Consideration of approval of an ordinance authorizing the amendment (Persaud) 2 UU ~dt~ ~une 16, 2003 Mr. Persaud gave the background on this item, stating that this ordinance will establish a procedure for the approval of driveway access to properties winch are located outside the city limits and that require access to a city street or thoroughfare. Mr. Pcrsaud advised the P&Z and staff recommend approval. Mayor Pro-tm McCoarry opened the public hearing. Councilmember Schrag asked for examples. Mr. Persaud advised that property west of Standridge, located in Lcwisvilie and property along Plano Parkway and located in Carrollton would be examples where this ordinance would come into play. With no further comments, the public hearing was closed. Motion to approve the ordinance as written - Schrag; second- Bayliss carried with all ayes. 3.2 Consideration of approval of an ordinance amending the Code of Ordinances relating to and governing the use of the public rights-of-way; repealing Article II, Section 18-20 through Section 18-26 and Article llI, Section 18-30 through Section 18-31 {Persaud) Mr. Persaud advised that last year it was discovered that a utility company was installing poles in the city's right of way without proper permits. He said staff realized that a comprehensive policy was needed. Mr. Persaud said that staff, the city attorney and the utility companies worked together to draft the ordinance. Mayor Pro-tern McCourry asked why section 4.01 (b) does not apply to "certified technicians." JeffHardaway, city attorney, advised that certified technicians are given certain rights by the State and therefore would not fall under the requirements of this ordinance. Mr. Persaud said the city does have control of these matters, but agreed that State law exempts certain technicians. He said the companies still have to get permits. Dalene Buhl, SBC/SWB 2200 N. Greenville, Richardson, told the council she and other utility companies have been working with Mr. Persaud, Chris Spencer and others and that she has been very impressed with the process. Councilmember Marks asked if the ordinance includes requirements to replace a street if the company tears it up. Mr. Persaud said there is a provision to leave the property in as good or better condition as when it was found. He said there is also a provision for doing emergency work. Councilmember Harris asked if the fine up to $2000 would be sufficient. Mr. Persaud further advised the ordinance calls for recovery of costs to repair if the city has to do the work themselves. Motion to approve the ordinance as written - Schrag; second- Bayliss carried with all ayes. 3.3 Discussion and appropriate action concerning selection process for city attorney (Bayliss) Councilmember Bayliss presented her proposed process for selecting the city attorney. She said she had received input from all the council to come up with these recommendations. Councilmember Harris suggested that staff narrow down the firms to be interviewed by council. He said staff deals with the city attorney on a daily basis and has a better idea of what is needed. Councilmember Schrag agreed, stating that council should provide the criteria for staff to use. Mayor Pro-tern McCourcy told the council that the members of council have more exposure to the city attomey than is realized. He asked if staff could add to the list of criteria if the council sets it tonight. Mr. Hardaway, city attorney said the list could be expanded. Mayor Pro-tern McCourry suggested that the question be divided and each section addressed individually. Councilmember Marks suggested the committee be made up of Dale Cbeatham, Patti Hicks and all Cooncilmembers. 3 June 16, 2003 Motion to divide the selection process and vote on each step individually - Bayliss; second- Marks carried with all ayes. Section 1: (Committee) Motion to approve (c), naming all Councilmembers, Dale Cheatham, Patti Hicks and one alternate to serve on the committee - Marks; second- Ward There followed brief discussion regarding make-up of the committee. Motion amended to include three staff members, instead of two staff members and one alternate - Marks; second Ward Councilmember Harris said he is not sure all the council should be included on the committee. He asked that the motion be amended to let the city manager choose the other staffmembers to serve. Mayor Pro-tm asked if the committee meetings would be open to the public. Mr. Hardaway advised that with the full council serving on the committee, each meeting would have to be posted as an open meeting. Previous motion and second withdrawn by Councilmembers Marks and Ward. Motion to approve (b) naming 2-3 members of council and 3 city staff to serve on the committee- Marks; second- Bayliss. Councilmembers Marks and Hams volunteered to serve on the committee. Mayor Pro-tern McCourry volunteered to serve on the committee also. The motion passed with the following vote of council: Ayes - Harris, Ward, Bayliss, Marks, McCourry No - Schrag Section 2. Criteria. Councilmember Marks said he would like to know the attorney's clientele and that he would like to be assured of having the same person serve on a consistent basis. Councilmember Hams agreed with the list as presented and suggested adding an item that would allow staff to added any other criteria which are necessary and applicable. Councilmember Marks asked if we would be limited to this list. Mr. Hardaway advised that if the council votes to adopt this list, then yes, it would be limiting. Councilmember Hams said the suggestions presented are good, but that he does not want to limit the city. Motion to utilize Section 2 as a template for the selection process and to allow the selection committee to use any other criteria necessary, applicable and appropriate - Harris; second- Bayliss. ~4yes - Harris, Ward, Bayliss, Marks, McCourry No - Schrag Sections 3, 4, & 5. Time table After a brief discussion, it was suggested that the time table not be determined until after the council knows how many proposals have been received. 4 007838 June 16, 2003 Motion to postpone Sections 3, 4, & $ to the July 7, 2003 meeting- Marks; second- Harris carried with all ayes. 3.4 Discussion and appropriate action concerning an Agreed Order and a Supplemental Environmental Project with Texas Commission on Environmental Quality (Johnston) Mr. Johnston advised council that staff had been working with the Texas Commission on Environmental Quality (TCEQ) in resolving a change in permit requirements imposed last summer. Mr. Johnston explained that for several years, the city had beenj ust under the requirement for ammonia- inlxate, but with the approval of a new permit last year, the city was placed in a situation of not meeting permit requ'trements mandated by TCEQ. Mr. Johnston said staff and our consultant fi.om Freese-Nichols went to Austin in May to meet with TCEQ officials to discuss the matter. Mr. Johnston advised that one concern expressed to TCEQ was the administrative penalty assessed on the city payable within 60 days. TCEQ verbally agreed to allow the city to contribute to a Supplemental Environmental Project (SEP) instead of paying the penalty directly to the State. He said this would give the city an additional 30-45 days before a final settlement agreement is imposed on the City. He said the settlement agreement will include a timeline of when improvements need to be implemented and finalized to bring the plant to the reqfftred permit levels. The enforcement action of April 6, 2003 stipulated 6 months to "fix the problem", which was not feasible for the city. He said the city needs about two years. Mr. Johnston asked the council authorize staff pursuing a settlement in the enforcement action through the proposed DEP and an "agreed order" that will bring the plant into compliance with'm 24 months. Mr. Johnston responded to questions, following which the below motion was made. Motion to authorize staff to pursue a settlement of the enforcement action and a.final agreement order which will be brought back to the council for approval - $chrag; second- Marks carried with all ayes. With no further business to address, the meeting was adjourned at 8:20 p.m. APPROVED: Patti A. Hicks, TRMC, City Secretary 5