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HomeMy WebLinkAbout03/15/1993 City Council 004:76u MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 15, 1993 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 15th day of March, 1993, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tern Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT 3. MAYORAL PROCLAMATION DECLARING APRIL AS SEXUAL ASSAULT AWARENESS MONTH Mayor Manning read the proclamation in its entirety as follows: WHEREAS, sexual assault affects every person in the county of Denton either as a victim/survivor of sexual assault or as a family member, significant other, friend, neighbor or co-worker; and WHEREAS, this year's theme: "Sharing the Secret, Surviving the Silence" reflects the efforts of Denton County Friends of the Family's work with survivors and their loved ones by allowing survivors the freedom to choose when, where and how their healing begins; and WHEREAS, many citizens of Denton County are working to provide quality services and assistance to sexual assault survivors; and help staff 24-hour hotlines, respond to emergency calls and offer support, comfort and advocacy during medical exams and criminal justice proceedings; and WHEREAS, Denton County Friends of the Family's volunteers and staff promote sexual assault awareness and avoidance by offering educational programs to schools, churches and civic organizations, as well as professional training to medical, mental health, law enforcement, education and criminal justice personnel regarding sexual assault issues; 3 00473 and WHEREAS, Denton County Friends of the Family, and other sexual assault programs, and other professionals and advocates of non-violence have joined together as the Texas Association AgainSt Sexual Assault (TAASA) to support each other in our work and to provide Denton County and the State of Texas and our citizens with a central source of information on sexual assault; and WHEREAS, i during the month of April, Denton County Friends of the Family will be intensifying efforts to promote public understanding of sexual violence and victims of sexual violence and Denton County Friends of the Family will be emphasizing the need for citizen involvement in efforts to reduce sexual assault through public education and changing public attitudes; and WHEREAS, Denton County Friends of the Family will also be working to publicize their services, increase community support for their agency and increasing awareness of the healing potential for survivors; NOW, THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas hereby designate the month of April, 1993, as SEXUAL ASSAULT AWARENESS MONTH in The Colony. SIGNED AND SEALED this 15th day of March, 1993. William W. Manning, Mayor Kelly Crosby, a volunteer for Friends of the Family accepted the proclamation. 4. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Mayor Manning and Margaret Burkett presented awards to those employees present: Sherry Hutchison, Inspections Dept. - 8 years Sherrill Wilson, Water Dept. - 3 years Henry Arnold, Public Works Dept. - 2 years Ken Leverich, Public Works - 8 years Not present:to receive their awards were: Lynette Armour, Police Dept. - 3 years Gary Glenn and Jeffry Smith, Fire Dept. - 2 years 4 Sheron Riney, Animal Control - 2 years Buddy Rogers, Public Works - 5 years Tab Bradburry, Fire Dept. - 10 years 5. RECEIVE PRESENTATION FROM THE LIONS CLUB REGARDING A CIRCUS TO BE HELD IN THE CITY OF THE COLONY ON APRIL 4, 1993 AND CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE PRESENTATION Dave Graham, representing the Lions Club read a prepared statement regarding the Lions Club International and stating the world wide goal is $130,000,000. Mr. Graham said the local fund raiser is a circus to be held April 5, 1993 at 3:00 p.m. and 5:00 p.m. in the vacant lot adjacent to the high school parking lot. All funds will go toward the sight related goal. Mr. Graham said the permit fees have already been waived by the city and they just want the council's support. 6. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD FEBRUARY 12 AND 13 AND MARCH 1, 1993 Motion to approve the minutes as written - Bogan, second - Agnew. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE CALLING AN ELECTION IN THE CITY OF THE COLONY TO BE HELD MAY 1, 1993 Motion to approve the ordinance as written - Bogan, second - Agnew. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION AUTHORIZING A JOINT ELECTION WITH LEWISVILLE INDEPENDENT SCHOOL DISTRICT, TO BE HELD IN THE CITY OF THE COLONY MAY 1, 1993 Motion to approve the resolution as written - Bogan, second - Agnew. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF AUTHORIZING THE LIFTING, OF THE HIRING FREEZE PLACED ON REPLACEMENT POSITIONS FOR THE YEAR 1992-93 Councilman Dillard asked how we could lift the hiring freeze when the budget was passed with that in place. Motion to keep the hiring freeze in place until the end of this fiscal year - Dillard, second - 00473 Bogan. Councilman Marks said this hiring freeze is for replacements only, not new hires and it has no effect on the budget. Mayor Manning did not disagree with keeping the freeze in place through this year, noting it helps the council keep up with what's happening. Councilman Dillard said this control is needed for the council to be aware. Councilmanl Marks said it sounds as though it is only important to replace public safety employees, reminding the council that a certain number of employees were approved in the budget. Council Agnew said the hiring freeze was in place prior to the passage of the budget and that he thinks the City Manager should be given the authority to start the hiring process without waiting for council approval. Councilman Lynch said we just finished the Andersen study which could result in shifting of personnel, and that the freeze should remain in place. Councilman Sharp said there was a crisis in Animal Control which was prolonged because of the freeze. Mr. Hall said this really poses little problem to come back to the council, but that it would eliminate a delay in filling positions, however, if there is an emergency, the council can be called for consensus and then action be ratified at a future meeting. Motion carried with a the following roll call vote: Lynch - Aye, Sharp - Aye, Agnew- No, Bogan - Aye, Dillard - Aye, Marks - No, Manning - Aye. E. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE REMOVAL AND DISPOSAL OF THE PACKAGE TREATMENT PLANT Councilman. Marks asked if the company is required to show proof of insurance, etc. even though the c6ntract is for such a small amount of money and Mr. Hall said yes, the paperwork will be in place before any work is done. Motion to accept and award the bids as recommended - Marks, second - Lynch. Motion carried with a unanimous roll call vote. 7. PRESENTATION AND ACCEPTANCE OF THE 1991-92 COMPREHENSIVE ANNUAL FINANCIAL REPORT James England introduced George Scott with Deloitte/Touche. Mr. Scott advised the council there are three documents, The Comprehensive Annual Financial Report, The Report to Management and the Single Audit Report (SRF, federal funding requires this report). Mr. Scott said conducting the audit is a lengthy process and that his firm appreciates the city staff assistance during this time. Mr. Scott said there was no situation noted as a compliance deviation and no situation noted as a material weakness regarding internal controls. Mr. England then gave a presentation of the audit, using the overhead projector, making note of some special items of interest. Mr. England fielded a few questions from the Council regarding the audit. Motion to accept the audit as presented - Lynch, second - Sharp. Motion carried with a unanimous roll call vote. 8. CONSIDERATION OF ADOPTION OF TEMPORARY OUTSIDE SALES REGULATIONS Bob van Til advised the rules presented are as a result of the meeting held February 22, 1993 with council and that their (comments) have been incorporated into the rules. Mr. van Til noted that several of the comments must be implemented by amending the ordinance which creates general rules for temporary outside sales. Mayor Manning opened the discussion by recommending a defifiition of temporary businesses, by reference so the ordinance doesn't have to be amended each time the definition changes and recommended re-writing the whole ordinance at: another time. He also suggested changing the word figurines to decorations. Councilman Sharp said in section A, the word establish should be enforce. Mayor Manning suggested cutting the entire paragraph since it is in the Code. Councilman Sharp also stated regarding section B that going to B.O.A.A. will cause at least a 2 week delay and suggested the businesses go through the City Manager. Mr. van Til stated all other businesses disagreeing with the city have to go to B.O.A.A. but Councilman Sharp noted these are temporary businesses. There was a brief discussion regarding the type of items which can be sold in this manner, as well as who will enforce the rules. Councilman Lynch suggested tying this in with the Economic Development Corporation so that the corporation can get involved in these rules and regulations. Councilman Agnew felt these rules may put an unreal burden on civic organizations. Mr. Toby Pollard, said the city needs to establish what is a transitory business, since taxes cannot be collected from a business of that type, and that we need to encourage businesses that can incubate and grow. Councilman Marks asked if we are trying to promote or regulate these type businesses and Mayor Manning stated we are trying to control those that do come to the city. ' Stating this is apparently in need of further work, the Mayor asked for 3 volunteers from council to serve on a committee to review these rules and come to the council with recommendations. Councilmen Bogan, Dillard and Sharp volunteered to serve. Motion to postpone and refer to committee - Agnew, second - Sharp. Motion carried with a unanimous roll call vote. 7 00473° 9. CONSIDERATION OF ESTABLISHING A TIME FRAME FOR THE PRESENTATION OF A STATUS REPORT FROM THE CITY MANAGER TO THE CITY COUNCIL RELATING TO THE ANDERSEN AND ASSOCIATES ORGANIZATION AND MANAGEMENT STUDY Mr. Hall stated there have been lots of comments and concerns regarding the outcome of the Andersen study, but no time frame has been set for a report to come back to council. Mayor Manning suggested a verbal report at the first meeting of the month and a written report every other month. Councilman Bogan said a progress report is good, but we need a final report, going on to say the Council needs to give staff direction. Bill Hall said he thought it important that a final report is done before the 1993-94 budget process. After a brie~ discussion, it was decided a work session would be held March 22, 1993 to discuss the goal5 and objectives which came out of the recent council/staff retreat and to go over the 39 recommendations made by Andersen. After further discussion, it was decided that a monthly written report would be given to the Council with a copy put in the Library for the public to review. The due date for the initial report will be decided on March 22, 1993. 10. CITY MANAGER'S REPORT 1. Paige Rd. drainage work is underway. 2. 3 million gallon ground storage tank engineering report due this week. Repairs will be expensive. 3. State Highway 121 Bypass - majority of the ROW has been acquired and the project is moving ahead. 4. Completion of 121 construction to Legacy set for January 1994. 5. Crider Rd. and 121 intersection. A study will be done to determine the feasibility , I . of realigning the ~nlersecnon. If it is done, the road will be temporary, not an access road to the future freeway. 6. Sutton drainage repair - There have been many hold ups and problems regarding that work. We have been looking at the best way to repair it within city ROW. Mr. Cravens believes it can be done permanently using gabions. There is no other option. 7. Bob van Til will be promoting the city at an Advanced Productivity event at the Info Mart. 8 00473° With no further business to address, Mayor Manning adjourned the meeting at 10:05 p.m. APPROVED: William W. l~an-'~ing, Mayor i <~ ATTEST: Patti A. Hicks, CMC/AAE, City Secretary