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HomeMy WebLinkAbout12/06/1993 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 6, 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 6th day of December, 1993, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Toby Pollard, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Absent Joel Marks, Mayor Pro-tem Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. PRESENTATION OF EMPLOYEE RECOGNITION AWARD Bill Hall recognized Ms. Sharon Sebera for 10 years of service to the City of The Colony as the administrative secretary, noting she has worked for two city managers, Ms. Janice Carroll and himself. Mr. Hall thanked Ms. Sebera for her help through his tenure with the City. Mayor Manning presented Ms. Sebera with a City watch as a token of appreciation. 3. CONSIDERATION OF APPROVAL OF RATE INCREASE FOR TEXAS WASTE MANAGEMENT Mayor Manning advised the Mr. A1 Judkiewicz with Texas Waste management had contacted the city today and requested this item be postponed until the December 20, 1993 meeting, so he and his staff could have time to prepare additional information. Motion to postpone until December 20, 1993 - Bogan; second - Pollard, carried with a unanimous roll call vote. 4. CONSIDERATION OF A RESOLUTION ESTABLISHING PROCEDURES AND GUIDELINES FOR THE USE OF STEWART CREEK PARK FOR SPECIAL EVENTS Bill Hall stated this resolution is a result of several council work sessions and a council committee recommendation. Councilman Lynch expressed concern regarding the senior citizens and the fact that they are exempt from the entry fees to the park and wondered if that needs to be addressed in this resolution. Councilman Pollard said that day passes could possibly be purchased at a retail store during a special event which could present a problem, and suggested if that happens, the city refund the cost of the day pass to the purchaser. Motion to approve adding the refund of cost of day pass - Agnew; second - Bogan. Councilman Lynch asked if something could be added about the seniors and Councilman Agnew suggested coming back later with another resolution exempting seniors from entry fees. Councilman Marks agreed with refunding the costs of day passes but said the council cannot tell a special event not to charge any particular group. Councilman Bogan asked that council not muddy the water, noting that is a separate issue. Steve Tolen, 4342 Newton, expressed his concern about this resolution, stating this transfers local revenues to private groups and the city loses control, with no limit on the entry fees to be charged. He said there will no doubt be confusion over the fees, going on to say this went to Parks & Recreation who recommended denial and asked why the council is approving it. Mr. Tolen said the council should address the potential for conflict of interest also, noting that board members or spouses of board members for Sail Fair should not vote on this item. He also stated Sail Fair had said they would reimburse the city and that issue should be addressed. Motion carried with the following vote: Lynch - No, Pollard - No, Agnew - Aye, Bogan - Aye, Marks - Aye, Manning - Aye. 5. CONSIDERATION OF A RESOLUTION NAMING THE CITY AS CO- SPONSOR FOR CERTAIN SPECIAL EVENTS WITHIN THE CITY Mayor Manning noted the number three should be taken out as there are four events named in the resolution. All agreed there should be no number stated in the resolution. Mayor Manning said the resolution is to show support of events that have traditionally been supported by the City for several years. Councilman Lynch suggested adding the same guidelines as section 4(f) in the previous resolution regarding city assets being limited to public safety, maintenance and operation. After brief discussion, all agreed to add the section. Motion to approve the resolution, adding section regarding city assets - Lynch; second - Bogan. Councilman Pollard noted these four events do not necessarily reflect all worthwhile events held in the city, going on to say these four are the ones that have a long history and are being set apart because of that. Councilman Lynch agreed and stated that if others are known, they should be submitted to the City Secretary. ~-'~ 4 Motion carried with a unanimous roll call vote. 6. CONSENT AGENDA Mayor Manning summarized the items on the consent agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD NOVEMBER 15, 22 AND 30, 1993 Motion to postpone this until December 20, 1993, so the City Secretary can make amendments which had been brought to her attention earlier - Lynch; second - Agnew, carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR PURCHASE OF CHEMICALS FOR THE WATER AND WASTEWATER DEPARTMENTS AND APPROVAL OF ORDINANCE AUTHORIZING CONTRACT FOR SAME After a brief discussion regarding how and where the chlorine is used, a motion was made. Motion to accept the bids and award to DPC Industries and to approve an ordinance authorizing a contract for same - Lynch; second - Bogan, carried with a unanimous roll call vote. C. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 4, ARTICLE III RELATING TO TEMPORARY CIRCUSES AND CARNIVALS Councilman Pollard said in the past there had been problems with some of the employees of circuses and carnivals and that is why this was placed under the Chief of Police. Tom Cravens said he had discussed this with Chief Stewart and that there had not been problems of that nature in several years. He said the police department does get a list of those persons employed by the circuses and carnivals operating in the city. Motion to approve the ordinance as written - Pollard; second - Agnew, carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21 RELATING TO PROCEDURES FOR THE BOARD OF ADJUSTMENT AND APPEALS Motion to approve the ordinance as written - Agnew; second - Bogan, carried with a unanimous roll call vote. 5 0U,.,09o E. CONSIDERATION OF A RESOLUTION OPPOSING THE PROPOSAL MAKE STATE HIGHWAY 121 A TOLLWAY :'-'~ Motion to approve the resolution as written - Agnew; second - Bogan, carried with a unanimous roll call vote. F. CONSIDERATION OF REALLOCATION OF FUNDS FOR THE REPAINTING OF THE OVERHEAD STORAGE TANK Motion to approve postponing the funding for repainting of the overhead storage tank until the 94-95 fiscal year and to realiocate funds for the well site repair and the by-pass as recommended by staff- Agnew; second - Bogan, carried with a unanimous roll call vote. G. CONSIDERATION OF APPROVAL OF EMPLOYMENT CONTRACTS FOR THE CITY MANAGER AND CITY SECRETARY/DIRECTOR OF ADMINISTRATIVE SERVICES FOR THE 1993-94 FISCAL YEAR Councilman Lynch said he had talked to the City Attorney regarding these contracts who advised him that severance pay is not really collectible and therefore would like to see that section deleted from the contracts. Bill Hall said this will impact the in-coming city manager and noting these contracts were drafted by the City Attorney, and recommended a legal opinion be obtained before eliminating that section from the contracts. Mr. Hall went on to say that longer terms of severance are becoming the norm in the industry. '"" Councilman Marks said the contracts are a means of protection for the City Manager and : , the City Secretary and Mr. Hall concurred, stating they are an agreement between the City Manager, City Secretary and the City Council. Going on, Mr. Hall said when the resignation is voluntary, the severance pay is not paid. Councilman Marks said the contracts were originally written without the term severance, on the advice of the City Attorney, again stating they are agreements for the protection of the appointed employees. Councilman Lynch said the contracts are not legal, per our charter, but noted that most cities do it (have contracts), but went on to say severance is the problem. Councilman Marks said we need to get a legal opinion and bring them back to the council later. Bill Hall said he volunteered to give notice as required by contract so that he can close out city business, noting that his resignation has been accepted and this will not impact him. Councilman Bogan said this will not really effect the in-coming city manager either, since a new contract will probably have to be negotiated. Councilman Bogan went on to say three months severance is given as a method of protecting the council employees due to the political nature of the city council. Motion to postpone to December 20, 1993 so a legal opinion can be acquired regarding severance - Lynch; second - Marks. Councilman Pollard questioned the automobile expense included in the contracts and stated that set amounts are not as tax advantageous to the employee as actual mileage 5-- 6 reimbursement. Bill Hall explained the car allowances are included in the bi-weekly paycheck and an accounting for mileage must be used when taxes are filed. Motion carried with a unanimous roll call vote. 7. CITIZEN INPUT - None 8. COUNCIL COMMITI'EE REPORTS - None 9. CITY MANAGER'S REPORT 1. The City has been awarded a plaque for Excellence in Financial Reporting for the 1991-92 year, by the Government Finance Officer's Association. James England accepted the plaque. 2. Anyone interested in serving on a board should contact the City Secretary for a future interview date. With no further business to address, Mayor Manning adjourned the meeting at 8:24 p.m. APPROVED: ~'dham W. Manmng, ATI'EST: Patti A. Hicks, TRMC, City Secretary