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HomeMy WebLinkAbout07/08/1991 City Council0040 HINUTES OF THE CITY COUNCIL MEETING HELD ON JULY 8, 199l The Special Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 8th day of July, 1991 at City Hall with the following Council roll call: William W. Mannin§, Mayor Present Nike Lynch, Councilman Absent Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Mayor Pro-rem Present and with six present, a quorum was established and the following items were addressed: ]. PLEDGE OF ALLEGIANCE 7:]4 p.m. 5. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-]7, V.A.C.S., SECTION 2E, REGARDING PENDING LITIGATION, TO-WIT: A. RESOLUTION TRUST CORPORATION VS CITY OF THE COLONY 8:25 p.m. Upon reconvening in open session the following items were addressed: Councilman Marks moved to engage the law firm of Henderson, Bryant and Wolfe to pursue the litigation with Resolution Trust Corporation, which was discussed in Executive Session. The motion seconded by Councilman Therio passed with all members voting aye. Councilman Gomez moved to enter into negotiations with the City of Piano, also regarding the litigation. The motion seconded by Councilman Burchard carried with all members voting aye. 2. CONSIDERATION OF RATIFYING EXPENDITURE OF $]000.00 FOR INSURANCE COVERAGE FOR THE COLONY JAYCEES FIREWORKS DISPLAY Mr. Hall explained this expenditure had been to obtain insurance coverage for The Colony Jaycees fireworks display held on July 4, 1991. The Jaycees were commended for a successful display. Councilman Sharp moved to ratify the expenditure of $]000.00 for insurance coverage. Seconded by Councilman Gomez, the motion carried with all members voting aye, except Councilman Therio, who abstained, due to his involvement with the Jaycees. 2 3. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE CONSTRUCTION OF AN ANIMAL SHELTER AND APPROVAL OF AN ORDINANCE AUTHORIZING THE CONTRACT FOR SAME Mr. Hall stated 7 bids were received, with the highest being $]64,640.00 and the lowest $]33,]00.00, and that all included bonds. Mr. Hall went on to say only one bid was for both standard specifications and the alternate (stick frame and metal building.) Mr. Hall said the low bidder, Dal-Mac Construction Co., Inc. of Dallas, also specified the least amount of time for construction. Bryan Moore of DBA Architects was in attendance and advised the Council of the company's reputation, advising that be was surprised to see them bid on a project this small. There followed a discussion regarding the bids for metal construction, with Councilman Sharp asking what the advantages were with metal. Councilman Burchard asked if we have to go with the low bidder and Mr. Hall advised according to State statute we do. It was noted that an option of bidding a stick frame building was in the specifications. Mr. Moore advised the plans were for a frame building and in order not to award to the low bidder it would have to be proven that the company is not qualified. Per Councilman Burchard's request, Mr. Hall read from the Local Government Code, Sections 271.027(b) and 271.0275 relating to competitive bidding. Mayor Manning said the only choice is to hold a public hearing with contractors in attendance. Mr Moore advised that a stick frame building would be more cost effective as far as utilities and noise are concerned. Mr. Moore went on to say it will take 2 - 3 weeks to get the bond in order and to begin construction. Councilman Sharp asked about the dirt work on the site and referenced a letter from PSI regarding such. Mr. Hall asked to respond to that question and stated that he was made aware of the letter in question at about 5:00 p.m. this date, noting that it is apparent that each member of Council had received a copy of the letter before he did. Mr. Hall said the Council had asked him to research the problems with the dirt on the site and he has every intention of doing so, noting that he has not had time to review this letter and its contents but that he does have a problem with some of the statements made by PSI and would like time to review this in detail. Mr. Hall said he does have some reservations about the manner in which this correspondence was presented and asked for the opportunity to answer the questions regarding this matter. Councilman Gomez asked how long the bid prices are effective. Mr. Hall said the bids will be good for a period of 30 days from the date of the bid opening on July 5, 1991. A discussion followed regarding giving a written "Notice to Proceed": and the pros and cons of placing a "bonus and penalty" clause in the contract. Councilman Gomez said he is in favor of awarding to the low bidder but wants to be sure the dirt work problem is resolved. Councilman Gomez went on to say he made the copies of the letter from PSI available to all the Council, stating that he did call 3 them (PSI) wanting to be informed prior to the meeting about the problems with the site. He also said PSI had some concerns regarding the dirt work. Councilman Gomez also said he did not mean to circumvent in any way, going on to say he thought the letter had come to Mr. Hall until he realized it had been addressed to Mr. Turner. He did go on to say, however~ that he does not apologize for getting the information and for doing his job, noting that he does not want to see a repeat of past mistakes, and that he will not approve this item until the dirt work issue has been resolved. Mayor Manning recommended award of the bid and then to have Mr. Hall get with PSI and answer these questions. Councilman Marks moved to accept the bids and award the contract to Dal-Mac. Mayor Manning asked for an addition to the motion regarding not issuing the Notice to Proceed until the dirt work issue settled. Councilman Burchard said with Councilman Marks' permission he would add to the motion that the Notice to Proceed will not be issued until the dirt work issue is settled. Councilman Sharp seconded the motion which carried with a unanimous roll call vote. 4. WORK SESSION TO REVIEW THE TEXAS MUNICIPAL LEAGUE, ASSOCIATION OF MAYORS AND COUNCIL CONFERENCE HELD IN GALVESTON JUNE 2] - 23, ]99] Mayor Manning said this is a time for the Council to relate the "~ m " oe s they got from the recent TML conference held in Galveston. Councilman Sharp - emphasis regarding speaking with staff, listening to constituents and staff and taking intelligent action on the "public agenda" Emphasis on working with other cities, networking, not just looking at our own point of view. A yearly brainstorming session was suggested for goal setting (10 years) and he suggested perhaps going over those goals with newly elected officials. Councilman Therio - council should be sure to treat the public courteously. All have a right to speak. Use Council retreats. Industrial Districts established instead of annexations. This allows the city to receive revenue without having to provide services. Something to check on. It was good to hear suggestions from other persons. The speaker for the Opening Session~ Henry Cisneros, spoke on taxes, returning to basic services. Taxpayers are willing to pay for crime fighting and education. Councils should have a sense of their community, ie, minorities, etc. and the needs. In the area of Economic Development, cities should work with school boards regarding tax issues. Councilman Therio also attended "Courts & Cities in Troubled Water" - This spoke to the Disability Act. We need to be sure our job descriptions are very accurate and explicit. Employer has to make reasonable accommodations. In effect July 1992. Mr. Hall said some of this is not that new, but it is a little more restrictive than before. In relation to redistricting, be sure 4 everything is documented. Councilman Gomez summarized Evaluating the City Council, stating he took the test and was disappointed with the scores. He encouraged all the council to take the test. He said he found we need to do more planning and team work, having our police and agenda set, with guidelines in place. He said if the staff (infrastructure) is in place but there is no policy and agenda, then the Council cannot blame the staff if nothing happens. Councilman Gomez said this council does more reacting than planning ahead. He would like to see future agendas include an item for future planning. Councilman Gomez said we need more work session to discuss goals and planning how to address those goals. Councilman Burchard agreed stating the Council should meet after each election and re- evaluate their goals, set new ones and put items on the agenda regarding those goals. Councilman Burchard said the retreat held last fall was good but there has been no follow-up. Both Gomez and Burchard agreed we need to keep track of where we are and where we are going. Councilman Marks said a lot can be accomplished by the Council through the City Manager and Staff, not just here on Monday night. Mayor Manning said the Capital Improvements Plan shows that planning has been done, but it seems the staff always comes to the Council and informs them what needs to be done~ going on to say he would like to see the Council come to the staff with the priorities for the budget. Councilman Gomez said to remember we only review the Capital Improvements Plan at budget time. there followed a lengthy discussion regarding the budget process and how to approach it this year and in the future. Mayor Manning said budgeted items which required council action should be placed on the Consent Agenda. Councilman Burchard agreed stating the City Manager is responsible for administering the budget as approved by the council. Councilman Gomez also summarized a session regarding Building Bridges, in which the focus was on perception the public has of the Council. He said they encouraged management by inclusion. Everybody involved with the end product should be involved in the planning process, from initiation to completion, and when it comes time to approve, it will be approved by consensus. This is especially helpful in bond issues. Councilman Therio said from the Ethics session, he gleaned that the council should be sure they are acting in the best interest of the community. He said there were also discussions regarding drug testing~ stating that one city in Texas has across the board drug testing for all employees as well as all councilmemhers. Bill Hall advised that we are in the process of implementing a drug testing program, with the first phase to be pre-employment testing. Mr. Hall said we have implemented the "Drug Free Work Place" program. There followed a lengthy discussion regarding a testing program and how it can be started. Mayor Manning asked Mr. Hall to pursue an ordinance that would require city council random 5 drug testing or mandatory testing upon election and random testing thereafter. Councilman Sharp asked about employees' testing. The Mayor said currently there are limits on who can be tested. Councilman Gomez said if a program is initiated, it should start at the top with the Council. Councilman Marks agreed but said it should be done earlier enough not to become a political issue during the next election. Mayor Manning said it is appropriate for the council to lead the way and be the first ones tested under a drug testing program. Mr. Hall said he hopes the program will be implemented by the end of the year. Councilman Therio said the council could do an act of support and be tested ahead of time, but Mayor Manning said he is afraid the act would lose its effectiveness. Councilman Marks attended a session on Economic Development which was based on the City of Georgetown who passed a 1/2% sales tax to fund economic development in their community. Councilman Marks said there were 5 basic points of interest in the session, noting that good relations between utility companies and existing businesses was a common thread throughout. The 5 points were: 1. Open channel of communications 2. Be committed to the allies of your city; ie., commerce, real estate 3. Get information to all the necessary people; persons familiar with financing, transportation, etc. who have the knowledge you need to accomplish the goals. He said you should be sure of all aspects of services in the city, noting that taxes and utility rates are important in economic development and that confidentiality is very important. 4. Financing - FHA, Depart of Commerce, low interest loans 5. Crime Rates in the area~ Police and Fire response times, appearance of the city, environment, the Council should have a firm, staunch appearance to interested persons. Councilman Marks said zoning is also important along with some incentives. He cited the Small Business Investment Corp. as helping businesses stay in operation and the Incubator Program as helping cities expand their facility through help from the Department of Commerce. Mayor Manning said he will get notes from the session on parliamentary procedure to all the council. Councilman Therio said the session on State bureaucracy that was mainly a P.R. session given by someone from the Governor's ombudsman's office. The speaker said that cities seem to have problems with four State agencies,; Highway, Water, Railroad~ and Park and Wildlife They are working on the problems and streamlining procedures, there is a ]-800 phone number for persons to call if they are having difficulty in reaching the appropriate party in any State agency. Councilman Therio also attended the session on being sue and stated there are many law suits pending now against cities. He said there is no grandfather clause relating to council members and whether you act in good faith or bad faith you can be sued, individually or as a group. Bill Hall said the cit does have, 6 through TML an errors and omissions policy so the council is covered. Councilman Therio did say that generally speaking the judgement is not usually against the council. Mayor Manning said he heard of a program in two Texas cities giving training for volunteer jobs available in cities. Councilman Sharp said out of the Legal Question and Answer session, he did her that cities can take action to prevent residents from dwelling water wells on their property. Councilman Marks advised that he learned that the only advisory board which fall under the Open Meetings Act are the P & Z and the Board of Adjustment and Appeals. Councilman Therio said he was in a session where a questions came up about councilmembers riding in police cars and the panel said this was a very stupid thing to do. The speaker said if an arrested person could come back and say the councilmember encouraged the arrest or the officer only did it to impress the councilmember, etc. Redistricting was also addressed, and Councilman Marks said it is important to listen to the whole city, and not just what is said but how it is said. Mayor Manning said the session on technology in city equipment was very interesting and related information about a system called "CommuniCare" which keeps a check on home bound residents and is also used as a recycling hot line, voice mail, community bulletin board, etc. He said he would like to look into this for this year's budget. There was a general discussion regarding the overall opinion of the seminar. Councilman Sharp said he was impressed with most of it, but some was not applicable to The Colony. Mayor Manning and Councilman Marks both felt it was not as good as the one held last summer in Lubbock. Councilman Therio said he thinks we need a class on how to talk to the media. Mr. Hall advised C.O.G. offers such a course. Mayor Manning asked Mr. Hall to make a copy of the C.O.G. course schedule available to all the council. With no further business to address, Mayor Manning adjourned the meeting at ]0:17 p.m. APPROVED: William W. Manning, Mayo~.~ ATTEST: Patti A. Hicks, City Secretary [SEAL]