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HomeMy WebLinkAbout03/16/1992 City Council 00430, MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 16, 1992 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 16th day of March, 1992, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Dale Therio, Councilman Present Rob Burchard, Councilman Present Joel Marks, Mayor Pro-tern Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Beverly Smith, 4817 Branch Hollow, representing the Jaycees, informed the council that they are again sponsoring the 4th of July Fireworks Display this year, and asked for support from the council and all citizens. Joe Agnew. 5301 Nash, addressed the council regarding the decision to discontinue patrol of the Animal Control Officers, stating there are several strays in his neighborhood all the time, and they very well could be dangerous. Mr. Agnew said he thinks this should be corrected before the city is sued. Pam Allen, 5721 Squires, referenced a memorandum to Julia Warren written in June 1990, while she was chairman of the Park and Recreation Board, in which a petition was presented asking for improvements to B.B. Owens Park. Ms. Allen said some have been made but there are more needed, ie, more pylons, gates, police enforcement of city ordinances regarding time for parks to close. Mike Lynch, 4921 Roberts, addressed 2 items; (1) Council meeting protocol states that during citizen input, persons should address Council or staff, and that personal comments will not be heard. (2) Parliamentary Procedure says the presiding officer is responsible for seeing that the meeting is run properly. 3. MAYORAL PROCLAMATION DECLARING OCCUPATIONAL THERAPISTS MONTH 3 004304 Mayor Manning read the proclamation in its entirety as follows: MAYORAL PROCLAMATION WHEREAS, Registered Occupational Therapists and Certified Occupational Therapy students from across the United States will be attending the 1992 American Occupational Therapy Association Annual Conference and Exposition at the George R. Brown Convention Center in Houston, Texas; and WHEREAS, the American Occupational Therapy Association will be celebrating its 75th Anniversary; and WHEREAS, Occupational Therapists (OTRs) and Certified Occupational Therapy Assistants (COTAs) are trained professionals and professional assistants who, through therapeutic activities, assist individuals in overcoming or compensating for physical, emotional, social, and cognitive limitations in their work, personal care, home management, and leisure activities; and WHEREAS, Occupational Therapists and Certified Occupational Therapy Assistants reside and work in our great City and throughout the State of Texas and the United States to provide preventative and rehabilitative services in hospitals, private clinics, outpatient centers, mental health settings, school settings, early childhood programs, community outreach programs, industrial settings, state schools for the mentally retarded, and geriatric facilities; and WItEREAS, Occupational Therapy makes infinite contributions of service in their promotion of quality living for people of all ages; NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim the month of April, 1992, to be: OCCUPATIONAL THERAPY MONTH in the City of The Colony, Texas. SIGNED AND SEALED this 16th day of March, 1992. William W. Manning, Mayor Patti A. Hicks, City Secretary Ms. Gerri Nichols was present to accept the proclamation. 4. RECOGNITION OF EMPLOYEE AWARDS .---. 4 004305 Mr. Bill Hall named those persons receiving recognition awards for the month of March; Alice Collins - 5 years and Damian Paul - 3 years. Neither of the two could be present. 5. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda: A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD MARCH 2, 1992 Motion to approve the minutes as written - Lynch; Second - Therio. The motion carried with a unanimous roll call vote. B. CONSIDERATION OF APPOINTMENT OF HEALTH AUTHORITY Motion to approve the appointment as recommended by staff- Lynch; Second - Therio. The motion carried with a unanimous roll call vote. C. CONSIDERATION OF AUTHORIZING THE WAIVER OF FEES RELATED TO THE CONSTRUCTION OF A NEW EI.EMENTARY SCHOOL BY LEWISVILLE INDEPENDENT SCHOOL DISTRICT Motion to waive the fees as recommended by staff- Lynch; Second - Therio. The motion carried with a unanimous roll call vote. 6. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12, AMENDING SECTION 7.9 OF THE WATER AND SEWER CODES RELATING TO LATE CHARGES Mr. Hall reminded the council this had been on the last agenda, and at that time, the recommendation from staff had been to increase the fee from $2.00 to 10%. Mr. Hall said due to several questions raised at that meeting, he reviewed this proposal. One question was why should high and low users pay 10% of their bills. This means the high user pays a much higher fee when it takes the same amount of time to collect. Mr. Hall said after looking at all options, staff feels a flat rate of $3.00 will be more equitable. Councilman Sharp asked if $3.00 will make up the difference in lost revenue. Mr. Hall stated staff hopes more people will pay their bills on time, noting this is not a revenue generating type fee, just an administrative fee. There followed a discussion regarding the city's timely use of money and if $3.00 is a sufficient deterrent to encourage people to pay on time. James England said the current interest rate on money is 6%, and Councilman Sharp said we would break even then if we charged 6% and went on to recommend staying at $2.00 or going to 6% which ever is more. There followed a discussion regarding average number of days people wait to pay and the percentage of customers who do pay late. Mr. 5 004306 England noted that this is not a high revenue problem. Motion to approve increasing the penalty for late payment of utility bills from $2.00 to $3.00 - Marks; Second - Therio. Councilman Burchard asked if there is any merit to moving due dates to fit more people's pay days. Mr. England said we are in the process of setting new due dates, there will be 4 cycles. Councilman Sharp said to bring information into the budget process regarding the percentage of delinquent accounts. The motion then carried with a unanimous roll call vote. 8. CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF THE COLONY AND THE LANDOWNERS AT # 10'HARE CIRCLE RELATING TO LAND ENCROACHMENT Mayor Manning questioned the fourth paragraph on page 1, stating we should add a percentage of fence to be destroyed in keeping with other ordinances in the city and said he would like to provide some comfort level for the homeowner with regard to paragraph 3 on page 2. Councilman Lynch said costs need to be added to page 2 line 5. Councilman Burchard said to strike "or decrease" from page 2 paragraph 2. Councilman Therio asked if the pool would have to be filled if North Colony was widened. Mr. Hall said he did not think so, noting the right-of-way should be sufficient. Councilman Burchard said this will keep other councils from doing away with this contract, but what about other leases. Mayor Manning stated this is not a lease, this is a result of a particular situation. A lease is allowed by the city. Councilman Lynch said some of the wording could be used in other encroachments. Mayor Manning said each case should be taken on its on merit. Councilman Lynch noted there are some similarities. Linell Redden, #8 Holden Cir, said hers is a similar situation, stating lease she has with the city, was revoked, when it was discovered there was an error on it. Going on, she said it was finally worked out, but she had planted shrubs which she has not been able to recover. Lou Gomez, 5081 Shannon said there is a difference between the two cases. The case being considered tonight is due to a mistake made several years ago and the Redden chose to build a shed on property based on drawings they gave to the City. Carol Ball #10'Hare, deferred to her attorney, Tom Naler. Mr. Naler said he represents the Balls and feels the agreement is acceptable with the changes made tonight and asked for one more change on page 1, paragraph 4, adding that the destruction could be fault of someone other than the Balls. Mr. Naler said the Balls purchased this property after the City gave a permit for the pool and fence, and they are asking that agreement to be continued. Going on Mr. Naler said the council can make a decision tonight and not set a precedence or tie down any future councils. --- All agreed to changes. Mayor Manning said to get with the attorney to be sure all 6 00480, changes are acceptable. Motion to approve the agreement with noted changes - Therio; Second - Sharp. The motion carried with a unanimous roll call vote. 7. RECEIVE PRESENTATION FROM C.A.S.A. Mr. Hall introduced representatives of Court Appointed Special Advocates (C.A.S.A.) of Denton County. Ann Buscarino gave the council hand outs and Marjorie MacAdams addressed the council stating C.A.S.A. started in Seattle in 1977 and has grown very fast. She said two main things happen: (1) save children time in the court system, which is not meant for children. (2) saves tax dollars. These two reasons are why communities have welcomed this program. Ms. MacAdams said they take child abuse cases and investigate them for the courts, which gives the courts the citizen view point and tells them what should happen to these cases. She said most of their money comes from state and national funding and that she is here tonight to request funding of $2500.00 over the next year. Councilman Sharp said it seems we are getting flooded with requests for money, and asked when we draw the line, suggesting that perhaps the council should only accept requests during the budget process rather than on a monthly basis. Bill Hall agreed, and said the 2 prior requests from SPAN and Friends of the Family had come in during the budget process last year, however there being no funding at that time, they were put off til now. Mr. Hall went on to say we start our budget process in April of each year and staff usually has all the requests handled prior to it going to council, stating that would be the proper time to submit such a request. Councilman Marks asked what other cities in Denton County are helping. Ms. MacAdams said they have applied to the Denton County Department of Human Services and to the City of Lewisville, noting the group is new to the county She went on to say more funding had been asked from Lewisville and Denton than from The Colony. Ms. MacAdams said this group is similar to Big Brothers and Foster Parents, in that the counsellors become role models for the children. Mayor Manning said he thinks this is a good organization but noted our discretionary funds are not very fluid. He asked they come back during the budget process so we can be better able to see what can be done for the group. 9. PRESENTATION AND APPROVAL OF THE ANNUAL AUDIT FOR 1990-91 Bill Hall noted that there were no audit exceptions again this year and introduced Mr. James England, Finance Director. Mr. England said Mr. Craig Malachek with Deloitte- Touche has worked with the city for 2 years and asked him to address the council. Mr. Malachek complimented the city staff, saying they made the audit go smoothly. Mr. Malachek noted 5 items of particular interest: (1) Transmittal Letter, (2) Certificate of Achievement, (3) Audit opinion, which is clean, with no exceptions, (4) a Single Audit Report, due to the S.R.F. project, also with no exceptions, and (5) the Management Letter. 004308 Mr. England, using overheads, then gave an overview of the entire audit for Council, beginning with the Single Audit for the S.R.F. project. He said the City Manager had personally inspected the job to ensure there were no civil rights violations, which are watched very carefully in projects of this nature. Mr. England said we rated very high in all 5 categories of this audit. Going on, Mr. England covered the Management Letter, which stated there were no material weaknesses found. He noted that this letter is usually an internal document and that the City of The Colony is the only city that makes this letter public. In other areas of the audit, Mr. England noted the Utility Fund Deficit is lower than it had been, which is a good sign. Mr. England gave a very informative and enlightening presentation of the audit, answering very few questions from the council. Motion to accept and approve the audit as presented - Therio; Second - Marks. The motion carried with a unanimous roll call vote. 10. CONSIDERATION OF RE-ALLOCATION OF PARK AND RECREATION BOND FUNDS AS RECOMMENDED BY THE PARK AND RECREATION BOARD Pam Nelson, Assistant Park and Recreation Director, stated there is $4300.00 allocated and the Board and staff have made some recommendations. Ms. Nelson said the board recommends the money which was originally designated for playground equipment '--' and pea gravel, be redesignated to build a multi-use playing field in the North Colony Park, which is located on Taylor Street, just north of the Aquatic Park. Ms. Nelson said quotes from 3 fencing companies had been received, which include baseline and outfield fencing for an approximate cost of $3750.00. Ms. Nelson went on to say the additional $550.00 could be used for bases, dirt, and other items necessary to make this a playable field, also stating that if approved, staff hopes to have the field completed in time for Little League play this spring. Mayor Manning asked if the Board was aware of the problems at B.B. Owens when the money was allocated. Ms. Nelson said that was not talked about, but advised there is additional money to be spent on parks. Vern Roberts, Chairman of the Park and Recreation Board said they are looking at all parks, and are recommending high quality steel equipment instead of the wood used in the past, since the wood deteriorates more quickly. Councilman Burchard asked if this will be a multi-use field, and Ms. Nelson said it will be primarily a Little League field, but other groups will be able to use it also. Motion to approve the re-allocation of bond funds as recommended - Burehard; Second - Sharp. Councilman Marks asked if all the sports organizations are aware of this recommendation and Ms. Nelson advised staff has met with all of them. 8 004303 The Motion then carried with a unanimous roll call vote. 11. CONSIDERATION OF AUTHORIZING A CONTRACT WITH A MANAGEMENT CONSULTING FIRM TO CONDUCT A STUDY OF ALL CITY DEPARTMENTS Mr. Hall said the Mayor had appointed a committee of Councilmen Lynch and Sharp and himself to check into firms to conduct an audit (study) of city departments. Mr. Hall advised three proposals had been received from; Ralph Anderson & Associates of Dallas, James Ray & Associates of Austin and Chris Hartung of Denton. He said the committee met with representatives of all three firms, outlining what is wanted. Mayor Manning said he thought the study was to have been an overview of the whole city with emphasis on the police department and he noted he does not see that in any of these proposals, going on he said he wants that put back in. Councilman Sharp said in reviewing the 3 candidates, the committee narrowed it to Anderson & Associates and Ray and Associates. Councilman Sharp said the police department emphasis was brought up to all three, but wanted the selected company to meet with all the council to determine what their perception of the problems are. Councilman Sharp said he feels the contract should go to Anderson and Associates because they are a larger company, with a broader, more in depth scope which will be more beneficial to the city. He noted that both Anderson and Ray are credible companies. Councilman Lynch said he is more comfortable with Ray & Associates because they will tailor the study to our city and Anderson said "this is what we do and we hope you like it". He said Ray was the only one who talked about citizen satisfaction, noting that all said they will concentrate on one department if they are asked. Councilman Lynch said Ray will give interim information and recommend changes as the study progresses. Councilman Lynch said the police department wasn't mentioned because it was still within the 90 days set out in a previous meeting to work out the problems. Mayor Manning said it looks like Ray works more on pay plans, classifications, etc. He said he spoke to the Pro-tern of the City of Belleville, who was very pleased with Ray and Associates Management Study done for that city at a cost of $3500.00 for 50 employees. The mayor said it was basically the same type study. The Mayor said it would be appropriate to postpone the decision until all the council could read through the two proposals before voting. Councilman Sharp said both companies indicated they could start 2 - 3 weeks after being notified. 12. STATUS REPORT ON THE PROPOSED DRUG TESTING POLICY FOR THE CITY OF THE COLONY Bill Hall noted the policy is to create a drug free work place. He said several concerns had been expressed to him and to council regarding the purpose of the policy and went on to say the only intent is to create a drug free work place and to offer help, not termination of specific employees. He said it is not to be used to "weed-out". Mr. Hall said 9 0043i0 the City Attorney has reviewed the policy and noted that Ms. Katherine Martinez has worked long and hard on this policy, therefore he had asked her to be present at the meeting, even though, Friday had been her last day with the City. Mr. Hall advised that Ms. Martinez has taken a position with Texas Municipal League Risk Management. At this time, Mayor Manning asked Ms. Martinez to come forward and each Councilman presented a red rose to her in appreciation of her hard work and dedication to the City of The Colony. Councilman Lynch said the terms safety sensitive, security sensitive and sensitive safety need to be clarified. Councilman Burchard said he understands only security sensitive employees will be required to be tested, but all have to sign a consent form for testing. Mr. Hall said this does apply to all city employees. Councilman Burchard asked for clarification of the testing percentage and asked about the City Manager. Mr. Hall said 25% of all employees will be tested each year except for public safety employees, of which 50% will be tested each year. Going on, Mr. Hall said that by Charter, if the City Manager is involved in an investigation, the Police Chief will report directly to the Council, noting this also applies to the City Secretary and the Municipal Judge. Mr. Hall said no city employee is excluded from being tested, however, this will not include boards or volunteer organizations working in the City. Mr. Hall did say that even though the Council is not included in the ordinance, all the council had volunteered to be tested and that the City will pay for that testing. Councilman questioned what are safety sensitive positions. Mr. Hall said anyone who operates a city vehicle and anyone who receives a car allowance would be considered a safety sensitive employee. Councilman Burchard said the Council should be included in the ordinance and the Charter should be amended to include this. Mayor Manning said he is not sure that if a council person tested positive, the information could become public or if it could be used. He directed the City Manager to research that issue. Mayor Manning said the final policy should be on the April 6, 1992 agenda for action. Mr. Hall advised that one change should be added which will address certain employees in the police department, that by the nature of their position, (special assignments) may be found to have alcohol in their possession. 13. DISCUSSION OF EVALUATIONS FOR COUNCIL APPOINTED EMPLOYEES Councilman Therio said in October he had requested an Executive Session be scheduled to review the City Manager, City Secretary and the Judge, stating that he feels a semi-annual review would be good. Going on, the Councilman said other employees get reviews and he noted that the City Secretary had received one review since she took this position. Councilman Therio said the Employee Handbook says all employees will be reviewed and even though he has no problem with the jobs being done, he thinks the Council owes it to these employees. Councilman Marks said he got an uneasy feeling when he first saw the memorandum 10 004211 and wondered what the employees had done wrong, noting that when that item is on the agenda employees themselves wonder what is wrong. Councilman Marks said he thinks if a councilman has problem with an employee he should go to that person individually and the same should be done with commendation. Councilman Therio said he merely wants a 6 month evaluation. Councilman Marks suggested doing this 6 months after the contracts are negotiated. Councilman Lynch said he though the council agreed in October that evaluations would be done in 6 months. Mayor Manning said he had postponed the request for Executive Session so council could discuss this. He said that 2 of the 3 employees know daily where they stand with him and he doesn't see a need for an evaluation. Councilman Therio said an evaluation is an opportunity for two-way communication. Mayor Manning said if the Council agrees, then we should do it, but it should be by resolution or some official means so the employees know it is going to occur. Councilman Burchard said he understands what Councilman Therio is doing, but he asked what the evaluation would be based on. Councilman Marks said the employees can request a review if they want one. Councilman Sharp said these employees work for seven different people and if we have a problem we should tell them. He went on to say an evaluation would be by seven different people with different personalities. After a general discussion, it was decided that an Executive Session would be placed on the April 6, 1992 agenda to review the City Manager and the City Secretary. At this time, Councilman Lynch said no action was taken on item 11. Motion to postpone Item 11 until April 6, 1992 - Burchard; Second - Lynch. The motion carried with all members voting Aye. 14. COUNCIL COMMITTEE REPORTS EASTVALE STUDY, CABLE T.V., FEES Cable T.V. - New equipment may be here by the end of the month and training classes will be set up - Therio 15. CITY MANAGER'S REPORT 1. Ron Greteman - aerial photographer, local resident brought in some 8 x 10 photos dating from 1974 to 1989. 2. Golf Course - Agreement sent to the Corps. Needs some review by the City. We have complied with all the Corps requirements. Projected not later than 12 months after the agreement is completed. 3. Agreements for encroachment on city property. One in particular needs some work with the property owner. One case was sent to B.O.A. and still has outstanding questions. The City Attorney has recommended that case go back to the B.O.A., suggesting the B.O.A. rescind their decision and refer the case back to the Council. 11 004312 Use of City Property will be on the agenda for the March 30, 1992 work session. .--, Mayor Manning noted it is inappropriate for the Council to direct the B.O.A. to change their decision. Councilman Burchard said the City Attorney has determined the case was not in the jurisdiction of the B.O.A. Councilman Lynch said they do not have to change their decision, but it is the opinion of the attorney. There followed a lengthy discussion. Ms. Linell Redden (lease holder) asked where she stands on this issue, noting that the City Manager and Bob Van Til said she is in compliance, and asked who has the final word. Mayor Manning said this will have to be taken on step at a time. 4. Ken Leverich is working with C.O.G. regarding a grant program for drainage problems, ie, Sutton Place. We are working with Mr. Pollard (homeowner) and C.O.G. has tentatively said we are at the top of the list. 5. Scout Park fountain is operational in the pond and will aerate the water. 6. The Colony is 15 years old this year. 7. Remote Controlled Air Field - There is one other place to look and then we have exhausted all areas for this field. With no further business to address, Mayor Manning adjourned the meeting at 11:25 p.m. APPROVED: Patti A. Hicks, CMC City Secretary 12