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HomeMy WebLinkAbout03/21/1994 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 21, 1994 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 21st day of March, 1994, 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 Present Joel Marks, Mayor Pro-tem Absent (Arrived 7:40 p.m.) and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. RECOGNITION OF ADOPT AN ALLEY GROUP Interim City Manager Patti Hicks informed Council that staff had been trying to start a program for some time which would involve the citizens helping keep areas of the city clean by adopting these areas. Tonight the first such group is being recognized. Tom Cravens, Public Works Director, explained thAT Ray Layman, an employee in the Inspections Department was instrumental in getting this group organized. She held block meetings and invited her neighbors. As a result, the alleyway in their neighborhood was regularly reviewed and litter was removed. Mayor Manning and Mr. Cravens recognized the following individuals with a Certificate of Service and 1994 Pocket Planner: Janice Kamper, Jan Anselmo, Charla Lawson, Chris Smith, Ron and Helen Czarny, Mary Beth Green, Hugh Bray, John Bray, Johnny Keenan, Valerie Hershey, Kathy Leach and P. Ray Layman. Mayor Manning expressed appreciation for the personal time and money given by these individuals to keep this area clean. He hoped this would encourage others to follow their example. 3. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Ms Hicks explained that each quarter we recognize those employees who have reached certain tenure levels with the City. In addition, this evening we are also recognizing Mr. Bennie Ebarb for his help at an accident scene. Mr. Cravens explained that Mr. Ebarb had come upon an accident scene and stopped to direct traffic until emergency personnel could arrive. He read a Certificate of Appreciation which would be presented to Mr. Ebarb tomorrow. Ms Hicks then read the names and anniversary period for those employees being recognized tonight. They were: Gwen Mansfield and Billy Harp - 2 years; Gary Glenn, Jeffry Smith, Henry Arnold and Sheron Riney - 3 years; Shannon Corbitt and Ricky Hale - 5 years; Terry Farmer - 8 years; and Charles Reynolds - 15 years. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD FEBRUARY 24, MARCH 3, 7 AND 12, 1994 Councilman Dillard asked that the time of the March 12 minutes be corrected to 8:30 a.m.. Motion to approve minutes with correction to March 12 - Lynch; second Bogan. Motion approved with unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE OF LET-I'ER OF RESIGNATION FROM JAY DALBO FROM THE LIBRARY BOARD Motion to accept resignation of Jay Dalbo from Library Board - Lynch; second - Bogan. Motion carried with unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF THE RENEWAL OF AN ANNUAL CONTRACT BETWEEN THE CITY OF THE COLONY AND THE AQUA CATS SWIM TEAM FOR USE OF THE COLONY AQUATIC PARK Motion to renew contract as submitted - Lynch; second - Bogan. Motion carried with unanimous roll call vote. D. CONSIDERATION OF APPROVAL OF GUIDELINES FOR USE OF THE AMPHITHEATER AT BILL ALLEN MEMORIAL PARK AS RECOMMENDED BY THE PARKS AND RECREATION BOARD This item was pulled by Councilman Bogan. He specifically questioned item 3 as to who verifies that the area was cleaned after use and when do they inspect. We don't want to leave time for another group to trash the area and blame it on the renter. Item 4, what is a larger event and who will make that determination. #6, need to have specific reasons for denial of use. Councilman Agnew agreed that there were several areas which need to be reviewed. Mayor Manning suggested that this be sent back to the Park and Rec Board for additional review. Councilman Bogan also wanted to have some reference put in as to first come/first served. Ms Hicks suggested the council members put all of the their concerns in writing so the Board would have them to include in their guidelines. Motion to refer this item to the Park and Recreation Board for further review - Bogan; second - Dillard. Motion passed with unanimous roll call vote. E. CONSIDERATION OF APPROVAL OF GUIDELINES FOR USE OF THE DISC GOLF COURSE AT BILL ALLEN MEMORIAL PARK AS RECOMMENDED BY THE PARKS AND RECREATION BOARD Councilman Bogan questioned the section indicating the City will co-sponsor all major tournaments. In lieu of past discussions concerning city sponsorship of events, this needs to be reviewed. Councilman Agnew also questioned the fee structure. He proposed a flat fee might be better and would be consistent with other fees. Ms Hicks again suggested that Council members put their concerns in writing so the Board could address them. Motion to refer this item to the Park and Recreation Board for further review - Bogan; second - Dillard. Motion passed with unanimous roll call vote. F. CONSIDERATION OF APPROVAL OF EMERGENCY EXPENDITURE FOR THE REPAIR OF A GENERATOR AT THE WASTEWATER DEPARTMENT This item was pulled by Councilman Lynch for discussion. There was concern that only one price was quoted. Mr. Cravens and Ms Hicks explained that several companies had been contacted but this was the only quote we were able to obtain. Staff was also informed that this was the "sole source" for this service. Councilman Lynch said he had talked with another company who had quoted a lower price to him and thought it best to postpone action on this until it could be verified. Mr. Cravens explained this is the permanent back-up power source and we are required to have an operational back-up. He suggests we rent the back-up. Councilman Lynch agreed to rental on an "as needed" basis but Councilman Bogan questioned if this was feasible. Mr. Cravens said no, this is not a portable generator and we must have the unit on site so we would have to begin rental immediately. Motion to approve rental of emergency generator and postpone repair until another quote is obtained - Lynch; second - Agnew. Motion passed with unanimous roll call vote. 5. CONSIDERATION OF ACCEPTANCE OF A PROPOSAL FROM R.B.I. CONSTRUCTION FOR THE APPLICATION OF BUFFALO GRASS AT BILL ALLEN MEMORIAL PARK IN LIEU OF LIQUIDATED DAMAGES Mayor Manning asked Councilman Agnew to address this item. Councilman Agnew said he attended a meeting last week concerning this. The final payment for the park is not due until August, 1994. This should allow plenty of time to determine if a good stand of grass is established. Mayor Manning said based on the information provided concerning the cost of seeding the park, it appears we are getting a good price for the grass and will still be able to retain control. Councilman Lynch said he believed this item was discussed and approved in February and why was it brought back to council. Ms Hicks stated she did not believe it had been approved but would research. Item postponed. 6. PRESENTATION OF AND CONSIDERATION OF ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FY 1992-93 Finance Director James England introduced Mr. George Scott, General Partner with Deloitte & Touche. Mr. Scott was in charge of our audit for 1992/93. He assured Council the audit was conducted using accepted accounting procedures and no material discrepancies were found. Councilman Pollard then questioned the "observation contained in the report to management that recent court interpretations have questioned the right of governmental entities security interest in pledged collaterals in the event of bankruptcy of designated depository institutions. These court interpretations may have an adverse impact on our ability to recover perhaps assets that are deposited in excess of the Federal insured limit. What dangers do you see there for the city? Is there something we need to do to change our basic guidelines?" Mr. Scott responded that recent court rulings have interpreted the rights of protected interest of government securities that have been pledged over the coverage of the federal insurance. They have ruled that unless there is a record in the permanent record, permanent minutes, of the financial institution authorizing certain levels of pledged securities or certain levels of collateral, then the government becomes just another creditor of the failed institution and is subject to the same recovery as a general creditor. The auditors are on record that we should probably look at our arrangements with depositories as far as pledged securities and might need to add a paragraph or an amendment to the depository agreement that all of the board of directors of the loan committee do approve any levels of collateral that we might have and have it specifically in the minutes as approved. Examples have been provided to Mr. England. Mr. England then discussed highlights of the Single Audit Report, the Comprehensive Annual Financial Report and the Management Letter. 7. DISCUSSION REGARDING STATEMENTS OF QUALIFICATIONS RECEIVED FROM ENGINEERING FIRMS WITH REGARD TO THE WASTEWATER TREATMENT PLANT Ms Hicks stated we received Statements of Qualifications from eight different engineering firms and staff was requesting direction from the Council on proceeding. Councilman Lynch said he had begun checking some of the credentials offered in the Statements and found some were not as experienced as indicated. Discussion followed concerning what we would like from the engineering firms. Council determined to ask those firms with experience in both forms of technology (boat and conventional) to attend a Work '-'" 6 0051!0 Session and present their ideas before selecting which firm will provide the study. Ms Hicks explained that this meeting would allow them to meet with Council and answer any questions about their credentials. All of the firms are aware of the Council's interest in the inter-channel clarifier but they are not making any recommendations on technology at this time, they are only selling themselves as the best company to provide the professional guidance we are looking for. Council directed staff to set up a work session with Duke Levy & Associates, Wasteline Engineering, Inc., Gutierrez, Smounse, Wilmut & Associates, Noe Garza Engineers and HDR Engineering, Inc. Ms Hicks suggested each council member have prepared questions prior to the session since so many firms were going to be interviewed. 8. DISCUSSION AND CONSIDERATION OF CONFIRMING TYPE OF TECHNOLOGY TO BE USED IN PROPOSED EXPANSION OF THE WASTEWATER TREATMENT PLANT Ms Hicks stated the purpose of requesting the Statement of Qualifications was to select the best company to advise Council on the best course of action and it would be premature to vote on this until a report had been received. Councilman Lynch said it would save money if we ask for specific information instead of having them look at everything possible. Ms Hicks repeated that all of the firms are aware of the Council's preferences and it would be a part of their study. Mayor Manning stated that we did not want to limit them and we would certainly want information if they had a better option. Perhaps the engineers could provide an estimate of the estimated cost to provide specifications for the various options. There was no further discussion and no action taken. 9. CONSIDERATION OF APPROVAL OF AN EMPLOYMENT AGREEMENT WITH JOHNNY PRICE SMITH FOR THE POSITION OF CITY MANAGER Ms Hicks explained that on the advice of the City Attorney, Pete Eckert, the agreement with Mr. Smith had been revised. The revisions concern the length of the contract. We cannot commit funds for a future fiscal year so the contract expiration date has been amended to reflect the end of this fiscal year, September 30, 1994. Mr. Smith has been consulted and is in agreement with these changes. Councilman Bogan asked that Section II, 7 be expanded. It is agreed that Mr. Smith will be allowed two weeks paid vacation in October but he would like to add that vacation is subject to accrual in accordance with the Personnel Policies and Procedures manual and this is an advance of that accrual, not in addition. Mr. Lynch expressed concern over the six month severance package but Mayor Manning said this was negotiated from the beginning and could be renegotiated at contract renewal. Motion to approve the contract with amendment - Agnew; second - Bogan. Motion carried with unanimous roll call vote. 10. CITIZEN INPUT - None 7 11. COUNCIL COMMITTEE REPORTS - None 12. CITY MANAGER'S REPORT 1. Fire Department delivered a healthy baby girl at the fire station last week. 2. The Employee of the Year nominating forms have been distributed. This recognition will be given during Public Service Month in May. 3. The Stewart Creek Park gate attendant reported over $3400 in receipts this past weekend. The contract specifies they may hire part time help as needed but it is limited to the summer months. They have asked that the contract be amended so they can hire help now if necessary. The funds are available. Mayor Manning directed this item be placed on the Consent Agenda for the next council meeting. 4. Bob van Til requests a joint work session for council and the Planning and Zoning Commission to discuss cellular tower regulations prior to the council's public hearing. Mayor Manning directed this work session be set up. 5. Ms Hicks reminded everyone of the city wide spring clean-up to be held Saturday, April 9. Brush will be accepted for chipping. 13. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 OF THE LOCAL GOVERNMENT CODE, REGARDING PERSONNEL, TO-WIT: A. QUARTERLY REVIEW OF THE CITY MANAGER/CITY SECRETARY Adjourn 9:34 p.m. Reconvene 9:46 p.m. With no further business to address, Mayor Manning adjourned the meeting at 9:47 p.m. ~P'P~OVED: ~ I'"~¢il'l'~am ~. Manning, Mayor __~_x,x. Sandie Chance, Deputy City Secretary '"-" 8