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HomeMy WebLinkAbout07/17/1995 City Council00574 MINUTES OF THE CITY COUNCIL MEETING HELD ON JULY 17, 1995 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 17th day of July, 1995, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilman Present Mary Blair Watts, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Present G. David Heiman, Councilman Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Representative Burt Solomons advised everyone of a public hearing to be held at 10:00 a.m. on July 24, 1995 at the Lewisville City Hall to discuss forming a Lake Safety Task Force. He encouraged The Colony to participate. Representative Solomons also presented Councilman Bill Longo and Mr. John Gordon with House Resolutions recognizing them for the honors on bestowed on them at the Chamber of Commerce Banquet in February 1995. Councilman Longo was given the Outstanding Service Award and Mr. Gordon was named Citizen of the Year. 3. PRESENTATION OF THE 1995-96 MUNICIPAL BUDGET Mr. Johnny Smith gave an overview of the budget stating that he has attempted to follow the directions given by the council during the 94-95 budget sessions. 1. Reserves have been identified in both funds by number of operating days. Mr. Smith went on to say 8% of the budget equals about 30 days or $475,000 in the General Fund and about $370,000 in the Utility Fund. This does not include the "Land Fund" still in the bank. 2. The budget presented is a balanced budget beginning with zero in both funds. If there is any surplus at the end of the year, it is recommended it be used to establish an Equipment Replacement Fund. 3. The City will receive over $200,000 from the Southwestern Bell Franchise Settlement Agreement and the recommendation from the staff and the Finance Committee 4 is to purchase seven police cars and one ambulance. This would remove them from the list of capital purchases. 4. The Enterprise Fund will begin to pay it's own debt which will leave money in the General Fund for other needs. 5. The Administrative Transfer from the Utility Fund to the General Fund will be handled like other utilities by means of a 2% franchise fee. There are no increases in the ad valorem tax of $.80 or in utility rates reflected in this proposed budget. A Budget Retreat is set for Saturday, July 22, 1995 to go into more detail. Tony Johnston, Finance Director then explained the document format and explained revenues and expenditures in all accounts and all funds. He noted the fund balance in both funds at this time is equal to about 48 days operating expenses. He gave a brief over view of the following funds: Debt Service, Stewart Creek Park, Hidden Cove, Recycling, Emergency Equipment and the Land Fund. He said all funds are comfortable and doing well. The City is in excellent condition. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD JULY 10, 1995 Councilman Watts pulled the minutes for discussion stating that when the council approved an increase in the City Manager's salary the time off approved was not additional vacation, but time offwithout pay. Mayor Manning clarified that the time offwas additional vacation because the two weeks given to Mr. Smith in his original employment agreement were not used due to a personal crisis. Motion to approve the minutes as written - Watts; second - Longo, carried with a unanimous roll call vote. Councilman Burchard abstained. B. CONSIDERATION OF AN ORDINANCE CALLING A PUBLIC HEARING ON THE 1995-96 MUNICIPAL BUDGET Motion to approve the ordinance as written - Dillard - Hardin, carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION ENDORSING THE CITY'S APPLICATION TO BECOME A CLEAN CITIES 2000 PARTNER The City Council is asked to endorse the application to the Texas Natural Resource Conservation Commission to become a partner is this program. Councilman Dillard noted there are two plans of action included in the packet and asked Ms. Brady to explain what we are doing. Ms. Janice Brady, Recycling Coordinator, said the last 9 pages of the packet 005743 are correct. She stated sixteen large cities in Texas are already designated as Clean Cities and that it would be an honor for The Colony to receive this designation. Ms. Brady said we have already met the minimum standards and that this application does not commit the city to any expenditure of funds. Councilman Dillard said the city and the citizens have done a great deal to meet the goals and that the program is working well. Motion to approve the resolution as written - Dillard; second Hardin, carried with a unanimous roll call vote. 5. CONSIDERATION OF AUTHORIZING THE COLONY MUNICIPAL ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO AN AGREEMENT WITH DAVIS WOODWARD AND FINGER DYE SPANN FOR ARCHITECTURAL SERVICES ON THE WYNNEWOOD PENINSULA GOLF PROJECT Ms. Lori Harlan, Economic Development Coordinator said the EDC recommends the city enter into an agreement with Davis Woodward and Finger Dye Spann, golf architects for architectural services on the Wynnewood Peninsula golf project. These firms have provided their services from the time Matthews Southwest became involved with the project (May 1994), with no commitment or reimbursement. The firm conducting the feasibility study has stated a plan indicating the size and scope of the course needs to be developed so they can complete the study accurately. The Letter of Agreement submitted by the firms has been reviewed by the City Attorney and states that all architectural services for the proposed golf course will be performed by a partnership of the two firms. Those services will be performed with the knowledge that payment will only be made once bonds to fund the project are issued. Maximum charge for these services will be $425,000. There will be no cost to the City. These firms were chosen because they have been involved since the beginning of the project, before the EDC was established. This is a professional service, therefore proposals are not required and the EDC felt it was a logical choice. Ms. Harlan noted that an Environmental Assessment will also be required by the Corps, but she reiterated, there will be no costs until financing is in place and the funds will not come directly from the city. Ms. Harlan said the fee of $425,000 is incorrect and should be $480,000 which is for design of the golf course only. Councilman Burchard noted there is no cancellation or termination clause in this letter of agreement. He also asked if the agreement should state "at least one meeting" instead of "one meeting". Members of the EDC, Councilman Watts, Councilman Dillard and Mr. Gary McClure addressed the council. Councilman Dillard said in order to get the feasibility study done, we need the architectural firm and that the EDC is as comfortable with these firms as with any others. Councilman Watts said the EDC is the facilitator for all these things to happen and studies have to be done. She said this course will only enhance the city, noting the North 6 Texas Professional Golf Association has expressed interest in locating here. Mr. McClure agreed, stating that in order to meet the time line, these firms should be used. They have already done a lot of work and to start over with another firm would take time. He said the EDC was in agreement on this item. Councilman Heiman said he understands the expenses will be paid from revenue bonds but if those are insufficient, the city would have to pay or diminish our credit. He said he is uncomfortable with the City being involved in what should be a private enterprise. Mr. Smith advised the course is proposed on Corps of Engineers property and the city must be on the lease. Councilman Dillard said if the feasibility study says this is not a good idea then we will drop the project, but we have to get to first base. He said this is a way to have something our city can be proud of and that he is in favor of it. We should approve this letter of agreement with changes as noted. Changes were noted as follows: 1. Add a time limit on the agreement - suggested 6 months. 2. Change "one meeting" to "at least one meeting." 3. Cancellation clause for failure to perform. Mayor Manning suggested this item be brought back at the July 24 meeting with the changes. Councilman Burchard expressed concern about the city's involvement. Councilman Hardin asked how these firms will feel if, after the feasibility study, we go out for RFP's and they are not chosen as the architectural firm. Mayor Manning said the city has been after this project for years and that no large group of (private) investors has wanted to build this course. Councilman Heiman asked why the city is interested if private investors aren't. Councilman Watts said we have already contracted with ERA for the feasibility study and that this agreement will enhance that study. She asked if the agreement can be amended to specify that these firms understand if the feasibility study is positive, the city may seek RFP's and they may not be chosen. Motion to bring back the letter of agreement on the July 24, 1995 meeting with the changes as noted - Dillard; second - Watts, carried with the following roll call vote: Longo - Aye, Watts - Aye, Hardin - Aye, Burchard - Aye, Dillard - Aye, Heiman - No, Manning - Aye. 6. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO SEEK PROPOSALS FOR THE DEVELOPMENT OF A FULL SERVICE MARINA WITHIN THE CITY LIMITS OF THE COLONY In a recent meeting with the Corps of Engineers the City Manager was advised again that a marina will never be allowed in The Colony slough area. The City Manager is now requesting the Council to authorize requests for interest in the development of a full service marina to be located within The Colony at a site other than The Colony slough. Previously, the Council had authorized cooperation with The Colony Bay Development Group for the 005745 construction of a marina at the above named site, however, in light of the recent ruling from the Corps of Engineers, it may be prudent to seek proposals for construction of a marina at another location. Mr. Smith advised he has since had communication from The Colony Bay. Motion to postpone this until August 7, 1995 - Watts; second - Heiman, carried with a unanimous roll call vote. 7. DISCUSSION OF THE EMPLOYMENT AGREEMENTS FOR THE CITY MANAGER AND CITY SECRETARY/DIRECTOR OF ADMINISTRATIVE SERVICES These agreements were approved by the City council on June 19, 1995. This agenda item was requested by Councilman Kay Hardin. Councilman Hardin said there are a lot of changes to the agreements that have not been discussed in public, noting the original agreements were simple and ran year to year. She said these agreements are no longer year to year, although each council may choose to cancel the agreements but with severe consequences. Councilman Hardin noted changes as follows: 1. Flex time has been added because these employees work lots of hours. 2. Quarterly reviews have been changed to quarterly idea exchanges. Reviews will be annually. 3. Termination and Severance Pay - 12 months compensation has been included -- which is money that has to be set aside out of our regular budget in the amount of approximately $140,000 a year. Payment ceases upon employment (somewhere else). If the employee gets a job that does not pay as much as they are making at the city, then we pay the difference for the rest of the 12 month period. Councilman Hardin continued, stating these changes concern her because she believes they are not in the best interest of the city, but that they have been approved and she wanted the public to know about them. Councilman Burchard said the 12 months severance and some other items concern him as well and stated the City Attorney told him that 12 months (severance) is unusual. He said he is sure everyone would like to have 12 months (severance). He said he wants the council to reconsider and asked that a member of the prevailing side bring the agreements back. Mayor Manning clarified that the severance clause does not remove the council's ability to terminate these employees for cause. He said this is protection for when a person is removed for no reason. Councilman Dillard said approximately a year ago we all went through a stressful time when some members of council tried to remove the City Manager and the City Secretary for no reason. He said these are good employees and he saw these agreements as a vote of confidence for both of them. He said he does not want to see them removed for a petty reason and that he believes the agreements should stay in tact. Councilman Hardin said she is concerned that if there is habitual failure to perform .... 8 008740 the duties and the review is only done annually, that it will take (the council) a long time to build a case. Councilman Longo said he voted for these agreements because he wanted to show confidence in the City Manager and the City Secretary. Councilman Burchard said many of us supported the City Manager and City Secretary and still do today, but no city manager in the country has this type of agreement. Mr. Smith said several errors were made in previous statements: City Managers all over the country do have this type agreement. These agreements were drafted by the City Attorney using examples from Texas City Manager's Association and the International City Manager's Association. The money for the severance pay is not taken from the operating budget. The resolution very clearly states the money will be in reserves. The purpose of having these agreements is because we both work at the whim of the elected officials and these agreements provide protection for our families. These agreements are not unique. He noted these are not contracts, they are agreements. Councilman Burchard said there is apparently a misunderstanding because the City Attorney did tell him that 12 months severance is unusual and asked for some clarification. Mr. Smith asked those who were present during the Executive Session when the agreements were discussed with the City Attorney, if the City Attorney had indicated that this was standard. Those who were present indicated the city attorney had said this was standard. Councilman Dillard said the review was changed to one year so they can do their job and not have to worry about being reviewed on a quarterly basis. Councilman Hardin said the City Attorney eluded that this was standard. She said she requested the City Manager's secretary to gather information from other cities (comparable to The Colony) to see if they have these clauses in their (employment) contracts and in response she received a FAX from the City Attorney that stated the 12 months was not unusual. She said that is not what she asked for. 9.. CONSIDERATION OF AN ORDINANCE WHEREBY THE CITY OF THE COLONY AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO CERTAIN TERMS REGARDING THE TELEPHONE COMPANY'S OPERATION OF IT'S TELECOMMUNICATIONS BUSINESS WITH THE CITY OF THE AND REPEALING ORDINANCE NUMBER 887 The City Council adopted Ordinance No. 887 on June 5, 1995 taking action on the City of Port Arthur et al vs. Southwestern Bell Telephone Cause Settlement and proposed franchise ordinance as a result of said settlement. The Class city's attorneys have recommended repealing that ordinance and adopting an amended ordinance, which will comply with Southwestern Bell's requests and ensure final settlement of the case. Settlement will result in cash and credit for the City of The Colony. Motion to approve the franchise ordinance as presented and to approve the ordinance repealing ordinance No. 887 - Longo; second - Dillard, carried with a unanimous roll call vote. 005'74/ 8. CITY MANAGER AND STAFF REPORTS 1. Mayor Manning advised that pursuant to the Charter the Council must address Councilman Burchard's absences from the last three regular council meetings. According to the Charter the Council must declare a vacancy and appoint a replacement. Mayor Manning asked if the council objected to allowing Councilman Burchard to explain the recent absences and if feasible, deem them excused. Councilman Burchard said the three absences were due to (1) vacation, and (2) business. Mayor Manning and the council agreed these should be excused, however, Mayor Manning advised that anyone who would not be in attendance should contact the City Secretary, the City Manager or the Mayor. Councilman Dillard indicated the notification of an absence should be in writing. Councilman Burchard asked that "Excused absence" be defined. Ms. Hicks said she would put together a draft and have it for the council by the July 24, 1995 meeting. Mr. Smith suggested adding a Roll Call to each agenda. 2. The Old General fire engine - Councilman Longo is working to get it restored. 3. Denton County Government Center - the updated agreements have been received from the county. We will be determining costs and will be coming back to the council during the budget process. 4. Planned Development - During the discussions about the Dal-Mac zoning, the council had mentioned a formula for multi-family development in The Colony. If the council is still interested that will be brought back to the council for approval. 5. Early Voting for the Charter Election on August 12, 1995 begins July 24, 1995. It will be conducted from 8:00 a.m. to 5:00 p.m. daily. With no further business to address, Mayor Manning adjourned the meeting at 9:37 p.m. APPROVED: ~v'il~am W. Manning, Mayor Z ATTEST: Patti A. Hicks, TRMC, City Secretary 10