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HomeMy WebLinkAboutMin - City Council - 1987 - 12/17 - RegularALLEN CITY COUNCIL REGULAR SESSION DECEMBER 17, 1987 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Bobby Glass Jim Wolfe Jack Pennington Absent- Jim Pendleton City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary With a quorum of the Council Members present, the regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:34 p.m. on Thursday, December 17, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Glass, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of November 11, 1987 - Joint Meeting with the Allen Planning and Zoning Commission. B. Approval of City Council Minutes of December 3, 1987 - Regular Session. C. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Hidell Architects $1,997.65 Project No. 40-001-3 Construction of Police and Courts Building - Architectural Services Period: November, 1987 2. Hydrostorage, Inc. $76,744.78 Project No. 90-002-1 Construction of 2 MG Water Tower - Estimate No. 4 Period: 10/26-87 - 11/15-87 Sec ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 17. 1987 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) The motion carried. End of Consent Agenda 3. Allen Tax Assessor/Collector $6,228.47 Project No. 75-002-6 Tax Statements for Property Purchased for Main Street Right-of-way - Phase II and III Period: 1987 Taxes 4. Hidell Architects $18,674.29 Project No. 55-001-3 Construction of New Library Building - Architectural Services Period: November, 1987 5. Graham Associates $400.00 Project No. 75-003-2 Construction of Jupiter Road - Contract Administration and Staking Period: November, 1987 6. Graham Associates $14,265.00 Project No. 75-002-2 Construction of Main Street - Phases II & III Period: November, 1987 7. Marriott Construction $1,776.50 Project No. 75-003-1 Construction of Jupiter Road - Estimate No. 11 Period: 10/26/87 - 11/25/87 8. Acquisition Associates $462.00 Project No. 75-002-5 Construction of Main Street - Phases II & III Period: November, 1987 9. Architectural Utilities $1,425.00 Project No. 50-002-1 Construction of Ford Park - Phase II - Estimate No. 9 Period: November 25, 1987 10. Architectural Utilities $32,150.00 Project No. 50-002-1 Construction of Ford Park - Phase II - Estimate No. 10 Period: November 25, 1987 D. Schedule of Taxes Receivable as of November 30, 1987. The motion carried. End of Consent Agenda ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 17, 1987 Page 3 Award Employee Tenure Pins and Certificates (Agenda Item III) Mayor Rodenbaugh and City Manager Jon McCarty presented tenure pins and certificates to the following employees for their years of service in city employment: Tim Dorsey - 5 years of service Mark Thornton - 5 years of service Ernie Hoback - 10 years of service Employee Tracy Smith was not able to attend the meeting to receive his certificate and pin for five years of service. Consider a Recommendation Regarding the Registered Family Homes Section of the Health Ordinance (Agenda Item IV) Mayor Rodenbaugh advised the Council that this agenda item had been brought forward as a result of the input received at the public hearing held on the revised zoning ordinance. Bill Petty, Director of Community Development, distributed to the City Council an outline of the findings and recommenda- tions to be made on the amendment to the section in the city's environmental health ordinance regarding child care. Mr. Petty advised of the comments that had been received from the meeting with the home care providers and of the comments received from the meeting with the commercial day care center people. Mr. Petty then reviewed with the Council the requirements of the state for registering of home child care providers, how they handle inspections, how complaints are handled, and what type of staffing they have for this area. Mr. Petty pointed out to the Council that after researching this licensing, registration, and inspection process, it is apparent that it would require a well-equipped and well -staffed health inspec- tion department and could be very costly. Mr. Petty then reviewed with the Council the city staff's recommendation on this matter. Those recommendations are: That further study be continued in the future, but that a licensing or inspection requirement for home care units at this time is not economically feasible, and would require advance budgeting and personnel to be able to perform that service. The City of Allen day care centers and home care providers all become more involved in a communication effort to parents to provide them with more informa- tion on the requirements of the individual care provider that they are considering, so that they may make their own individual choice. The City of Allen should, through staff policy, work toward completion of a brochure that would advise the requirements, or nonrequirements, of both the city and the State of Texas, on all child care providers, and distribute that information in some manner, such as the city's quarterly newsletter, and distributed to all newscomers at the time they request water service. ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 17. 1987 Page 4 Consider a Recommendation Regarding the Registered Family Homes Section of the Health Ordinance (cont'd) (Agenda Item IV) All complaints received by the City of Allen on home care providers be transmitted immediately to the State Department of Human Resources and a joint inspection planned as soon as possible. This involves the city, but at the same time leaves the enforcement to the authority with the proper jurisdiction. In the event a complaint is received by the city concerning child abuse or neglect that is described as being immediately dangerous to a child in care, the city's authority should contact the Department of Human Resources and the local police department for investigation. City staff to prepare and bring back to the Council an ordinance which would amend the day care center section of the Environmental Health ordinance of the City of Allen by removing the registered family home, and establishing a new section which would define home child care and registered family homes in accordance with the description issued by the State of Texas limiting home care limits to 6-6-12, and stating enforcement to be administered by the above guidelines. Mr. Petty advised the Council that he had also attached a copy of the state requirements to the handout materials for the Council's information, as well applicable sections of Article 4 of the Human Resources Code regarding the definition of a family home and requirements for a family home. City Manager Jon McCarty advised the Council of additional letters, petitions, and telephone calls that had been received and advised that the information had been passed on to the Council. There was discussion by the Council with city staff on what the specifics were as to what the city's role in the home child care situation should be, the use of the word "future" in the recommendations and what was the defined trigger point in the "future" that the city should use before they become involved in a complaint situation. Mr. Petty explained to the Council that the city does not have authority at this time to provide for inspection of home day care facilities or the authority to close the business down for any complaints received. There was further discussion by the Council on the need for the city to take a more active participation in the monitoring of the home day care facilities and to provide for registration of those facilities, and if registration is determined as necessary, then inspection should also be required. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pennington, the Council voted six (6) for and none (0) opposed to approve the recommenda- tions for the two policy statements as presented by city staff, as follows: ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 17. 1987 Page 5 Consider a Recommendation Regarding the Registered Family Hones Section of the Health Ordinance (cont'd) (Agenda Item IV) MOTION: That further study be continued in the future, (cont'd) but that a licensing or inspection requirement for home care units at this time is not economically feasible, and would require advance budgeting and personnel to be able to perform that service. The City of Allen day care centers and home care providers all become more involved in a communication effort to parents to provide them with more information on the requirements of the individual care provider that they are consider- ing, so that they may make their own individual choice. The City of Allen should, through staff policy, work toward completion of a brochure that would advise the requirements, or nonrequirements, of both the city and the State of Texas, on all child care providers, and distribute that information in some manner, such as the city's quarterly newsletter, and distributed to all newscomers at the time they request water service; and to approve the recommendation presented by city staff that city staff will prepare and bring back to the Council as soon as possible an ordinance which would amend the day care center section of the Environmental Health Ordinance of the City of Allen v by removing the registered family home, and es- tablishing a new section which would define home child care and registered family homes in accordance with the description issued by the State of Texas limiting home care limits to 6-6-12, and stating enforcement to be administered by the above guidelines. The motion carried. Items of Interest to the Council (Agenda Item V) Councilman Jim Wolfe discussed with city staff the intersection of State Highway 5 and Bethany Road and if it would be possible for the city to have the Street Department place some asphalt paving at that intersection to provide for an addition lane to allow right hand turns from Bethany Road. City Manager Jon McCarty advised that the city had presented this type of request to the State Highway Department before when the intersection was improved and the department was not agreeable to do that type of paving at that location. Mr. Wolfe asked if the city could just do it on its own using city personnel and materials. Mr. McCarty advised that since it is a state highway, the city could not do it. At this time, Mayor Rodenbaugh announced that the City Council would now adjourn into Executive Session at 8:31 p.m. Executive Session (Agenda Item VI) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(e), 2(f), and 2(g), the Allen City Council convened into Executive Session at 8:43 p.m. on Thursday, December 17, 1987, in the Conference Room of the Allen Municipal Annex, in order to discuss matters pertaining to personnel, property and legal matters. A ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 17, 1987 Page 6 Executive session (cont'd) (Agenda Item VI) The Executive Session was adjourned at 11:00 p.m. on Thursday, December 17, 1987. The Allen City Council reconvened into regular session at 11:02 p.m on Thursday, December 17, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Personnel Appeal Review Procedures (Agenda Item VI -A) Based upon discussions held by the Council during the Executive Session, Mayor Rodenbaugh advised that the floor was open for a motion on the personnel appeal review procedures as outlined by city staff. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Wilson, the Council voted six (6) for and none (0) opposed, to authorize staff to retain the firm of Hutchinson, Price, Boyle & Brooks to develop a procedure for completing the due process procedures on the terminated police officer and develop a procedure for future appeals of this type. The motion carried. Park Acquisition (Agenda Item VI -B) Based upon discussions held by the Council during the Executive Session, Mayor Rodenbaugh advised that the floor was open for a motion on the acquisition of the Texins Rod and Gun Club. MOTION: Upon a motion made by Councilman Glass and seconded by Councilman Wolfe, the Council voted six (6) for and none (0) opposed, to authorize the city staff to work with the Texas Parks and Wildlife Department and the State Department of Highways and Public Transpor- tation to complete appraisal approval process and work with legal counsel to develop a contract for Council's approval for a special use facility. The motion carried. Adjournment MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Wilson, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:05 p.m. on Thursday, December 17, 1987. The motion carried. These minutes approved on the iL•&Fal ATTEST: APPROVED: 7th day of January, J e Farmer, MAYOR PRO TEM i� c , lc Marty Hendrix, C C, CITY SECRETARY