Min - City Council - 1994 - 10/20 - RegularALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 20, 1994
Present:
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly, Mayor Pro Tem
David Kerr
David Bishop
Mike Nichols
Steve Terrell
Sharon Hamner
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:15 P.M.
With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City
Council was called to order by Mayor Farmer at 6:30 p.m. on Thursday, October 20, 1994, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Open Council Discussion (Agenda Item II)
Announcements were made regarding upcoming PHOTRONICS ground breaking ceremonies and the
Bethany Lakes Recreation Center ground breaking ceremony
Discussion was held regarding the Watters Crossing neighborhood park. Bon Terre is requesting to
immediately begin improvements to the park understanding that when City funds are available, the City will
reimburse Bon Terre for approximately $68,000 worth of park improvements. Discussion was also held
regarding the interim planning for soccer fields. It was felt a survey needs to be completed prior to giving Bon
Terre authority to begin the park development. Although the Council was interested in Bon Terre's desire to
complete the park, it also asked for a certain amount of time to complete the survey and develop anorderly plan
for the area.
TCI Cable was presented with the new franchise contract developed by the City of Allen and was not
totally receptive to its contents. JoAnn Holtzclaw and the City Manager will review the contract and bring it back
to the Finance/Administration Subcommittee for final details to be worked out.
ALLEN CITY COUNCIL
WORKSHOP SESSION
OCTOBER 20, 1994
citizens.
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The safety commission has been formed with the main focus of this group being "education of the
A presentation was recently made to the Rotary Club in Allen regarding road improvements and
developments in the near future which was well received by the group.
A county/city meeting has been planned on October 31, 1994 at 7:30 a.m. at the Allen Public Library
to discuss cooperative initiatives including transportation, youth violence, capital equipment and independent
school districts. Each city was asked to appoint two members from the council to participate in this meeting.
Discussion of Consent Agenda
and Reodar Aeenda Iters
(Agenda Item III)
Discussion was held regarding Agenda V, Council Committee Reports. A proclamation is being
presented during this portion of the meeting with regard to Allen Red Ribbon Week.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:25 p.m. on Thursday, October 20, 1994.
REGULAR SESSION - 7:30 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Farmer at 7:32 p.m. on Thursday, October 20, 1994 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item M
MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Consent
Agenda as recommended and as follows:
A. Approve Minutes of October 6, 1994, Regular Meeting.
B. Approve Minutes of October 8 & 9, 1994, Special Called Workshop.
C. Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program
as follows
Safety Rails/Structural & Steel $10,058.13
For: Bethany Bridge Railing
Street Assessment Funds
Period: October 7, 1994
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2. Marlin Blake & Assoc., Inc. $ 1,500.00
For: Surplus Property Appraisals
Interest Earned
Period: September 14, 1994
3. Ron Hobbs, Architect $ 7,010.01
For: Rec Center Architect Services
1992 Park Bonds
Period: September 1994
D Tax Report
The motion carried.
End of Consent Agenda
Council Committee Reports
Services:
(Agenda Item V)
Update on Curfew Ordinance Proposal and School Resource Officer
Fire Code/Sprinkler Update
Set Date for 1/2 Cent Sales Tax for Park Funding
Park Board Projects such as Soccer Fields
Recreation Center Ground Breaking Ceremony — Saturday, October 29 — 10:00 a.m.
Solid Waste Fee Structure
Development:
Work Program
Twin Creeks Golf, Inc.
Interim City Hall Facilities
Managing Development Land Use
Vision 2000 Plan
Priority List of Water and Street Projects
Finance/Administration:
Work Program
TCI Cable Franchise
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 20, 1994
Mayor's:
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Family Medical Leave Act (FMLA) and the use of sick leave for work related injuries (7 days)
Board and Commission Appointments
Work Program
* Won't advance TV programming except for special activity items
* City Charter review needs to be handled this year
Updates on Fairview meeting and RTC meetings
Citizen's Comments
(Agenda Item VI)
The Safe and Dmg-Free Schools and Communities Advisory Council represented specifically by P J.
Holland is coordinating Allen Red Ribbon Week, October 22 through October 30, advocating to the citizens of
this community and to the parents of students enrolled in the schools that each person takes seriously his
responsibility for the youth of this community and provide examples of non-use of all illegal substances for the
common good of all persons.
Council expressed their backing of this Red Ribbon Program and presented the proclamation to the
Advisory Council at which time the Advisory Council presented red ribbons to the Allen City Council and
audience.
Consider Amendments to Personnel
Policies and Procedures Manual (Agenda Item VII)
Several personnel issues have been discussed during the budget retreat with the Allen City Council and
are now being presented for action. Policy language is being recommended to the City's Personnel Policies and
Procedures Manual. The first set of amendments comprises a new section concerning light duty appointments.
From time to time, employees who are injured on the job, pregnant or acquire other temporary disabilities request
to stay at their present jobs in a "light duty" capacity Although our policy has evolved somewhat over time, this
proposal is intended to codify the principle which Staff believes serves the City best: that employees who cannot
continue to work at their current jobs may be placed in a vacant position if one exists and if the employee is
qualified, but the City will not create new jobs to accommodate such employees.
The second amendment is dedicated to compliance with the Family Medical Leave Act (FMLA) which
includes the following:
Extended Leave Without Pay. After the obligation to provide twelve weeks leave is fulfilled,
the proposed policy enables the City to grant additional unpaid leave to employees who need it,
without the job and benefits protections provided in the FMLA In short, extended leave simply
incorporates, at the City's option, our existing leave -without -pay policy
Benefits Continued. The FMLA requires only that the employer continue group medical benefits
for employees on leave. This policy provides that the City will also continue group dental and
long-term disability benefits; understanding, however, that the employee must pay his or her own
portion of the premiums as if he or she was still working, or else risk terminating enrollment.
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Paid Leave. The FMLA allows employers to require employees to use all accrued paid leave
time before receiving unpaid leave time, and to use the paid leave against the twelve weeks
provided by law Our policy is proposed that only sick time must be depleted, and this will count
against the twelve weeks. The only exception is after child -birth, when a woman employee is
not required to use paid sick time concurrent with FMLA leave.
Another amendment deals with a "Seven Day Deductible" from the safety chapter. Staff finds that this
provision demonstrates distrust of our employees with respect to work-related injuries, and is a demoralizing
factor on the job. In the future, employees who miss work time with work-related injuries will continue to be
paid, and Staff will monitor the use of the new policy for signs of abuse.
A final item would amend "Section 10 12H Denial of Sick Leave" to bring into compliance with the
Americans with Disabilities Act (ADA). This item was discussed by Council since it seemed to indicate an unfair
treatment of different classes of employees. After further discussion, it was felt that this merely identified a
provision in the Americans with Disabilities Act for those individuals with a disability
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to adopt the attached amendments to the City's
Personnel Policies and Procedures Manual in accordance with Finance/Administration
Subcommittee recommendation. The motion carried.
Authorize Execution of Contract
for Services with EMS Medical Director
(Agenda Item VIH)
On lune 19, 1990, the City of Allen entered into a contract with J. Thomas Ward, Jr., M.D. to provide
the medical control for the paramedics of the Allen Fire Department. The new contract is exactly the same as
the old one except that the indemnification clause has been deleted from the new contract.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Kerr, the
Council voted seven (7) for and none (0) opposed to authorize City Manager Jon McCarty to
enter into a contract with J. Thomas Ward, Jr., M.D to provide medical control for the
paramedics of the Allen Fire Department in accordance with Services Subcommittee
recommendation. The motion carried.
Other Business
Calendar
October 26 through October 28
October 29 — 10:00 a.m.
December 6 — 7.00 p.m.
(Agenda Item IX)
(Agenda Item IX -A)
TML
Bethany Recreation Center ground breaking
Board & Commission Appreciation Dinner — El Dorado
Country Club
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 20, 1994
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Items of Interest (Agenda Item IX -B)
Council was reminded of articles due for the Municipal Messenger on Friday, October 21.
City Secretary Judy Morrison indicated she would be distributing Texas Municipal League (TML)
information to those Councilmembers planning to attend TML Conference after the meeting.
Executive Session
(Agenda Item X)
In accordance with The Texas Local Government Code, Legal, Section 551.071, Personnel, Section
551.074, Staff Presentations, Section 551075, the Allen City Council convened into Executive Session at 8:45
p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss
matters pertaining to
r Personnel Evaluations
Appointments to City Boards
Pending Lawsuit Reference ASAP Sewer Line
Staff Presentation on Status of Facilities Agreement
Staff Presentation on Economic Development Prospect
Staff Presentation on Architect Selection Process.
The Executive Session was adjourned at 11.33 p.m.
Reconvene
(Agenda Item XI)
The Allen City Council reconvened into regular session at 11.34 p.m. on Thursday, October 20, 1994,
in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during
Executive Session.
Adjourn
(Agenda Item XII)
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Hamner, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 11 35 p.m., on Thursday, October 20, 1994. The motion carried.
These minutes approved on the 3rd day of November , 1994.
APPROVED:
ce Farmer, MAYOR
ATTEST:
J y Mor on, CMC, CITY SECRETARY