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HomeMy WebLinkAbout08/23/1989 - Workshop Minutes City Council MINUTES CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST 23, 1989 4:00 P.M. COUNCIL MEMBERS PRRSENT: Mayor Ringer, Councilman Birdvell, Gardner, Mollhaney, Brown, Haddox COUNCIL MEMBERS ABSENT: Councilman Schneider STAFF PRESENT: City Manager Ragland, Assistant City Manager Brymer, Assistant City Manager Manager Woody, Management services Director Piwonka, City Attorney Locke, Personnel Director Diokson, Planning Technician Volk, Development Services Director Ash, Assistant PARD Director Cisneros, Senior Planner Kee, Utilities Office Manager Albright, Assistant City Attorney Banks, Public Information Officer Callihem, Assistant City Secretary Hooks VISITORS PRESENT: See guest register. Mayor Pro-tem Brown opened the meeting. He reported that several people from TCA Cable were in the audience; therefore, discussion of Agenda Item No. 4 would be held first. Aqenda Item No. 4 - Discussion of a resolution authorizinq Teleoable association, Inc. to assume Cooke BCS Communications, Inc. Franchise. Councilman Brown introduced the individuals from Telecable Association. Mr. Nathan Geick of Telecable Associates was present to answer questions from the Council. Councilman McIlhaney asked if the company has looked at the programs being offered currently. Mr. Geick replied that his company would like to receive input from the customers to learn the kinds of service they want. Councilman Gardner asked if the city had any leverage in the changes of a franchise operation. Councilman Birdwell remarked that there is very little the city can do. Mr. Geick stated that the cable company and the city can work out a reasonable and desirable agreement to suit both needs. Discussion was held on the public information and educational channels provided to the cities and schools. Mr. Geick stated that the franchise agreement will expire in four and a half years. 007391 city Council Workshop Meeting Wednesday, August 23, 1989 Page 2 Councilman Haddox asked if it would be possible for staff to look into the city's having its own cable company. Mr. Geick stated that he knows of one city that manages such an operation. Councilman Brown added that he has received favorable comments about the TCA Cable Company. Aqen4a It~ No. I - Discussion of ame~4ina the personnel 0olio¥ manual to include a fitness-for-4ut¥ policy statement on druas ~n4 &1coho1. [Council Issue No. 35 (19S9-90) and Issue No. 3 (2988-89)]. Personnel Director Dickson introduced Dr. Gary Newsom, Medical Director of the Drug and Alcohol Unit at HCA Greenleaf Hospital. Dr. Newsom spoke to the Council about drug testing in the military, where he spent ten years. He indicated that many industries have found the employee drug testing programs to be very effective. Councilman Birdwell asked Dr. Newsom about his experience in drug screening programs based on probable suspicion versus random testing or where everyone is tested. Dr. Newsom replied that the random testing programs have very good statistics and have proven very effective. Councilman Gardner asked about the length of time drugs stay in one's system. Dr. Newsom gave different time limits for various drugs. Councilman McIlhaney asked if a certain lab technician is used for these tests. Dr. Newsom replied that because of the many legalities involved, most companies contract with a certified laboratory specializing in this area. Councilman Brown stated that all applicants should be drug tested, no matter what position they are seeking. City Attorney Locke remarked that the U.S. Supreme Court has placed limitations on a governmental employee; one may only be tested if probable cause arises. Councilman McIlhaney asked if the city is addressing a policy for employees who have off-duty accidents which are drug related. Ms. Locke replied that the city is currently addressing this. Ms. Dickson commented that the proposed policy is the maximum allowed by law. She added that the current handbook covers possession and provides for searches. Ms. Dickson stated that the purpose of the policy statement on drugs and alcohol is to maintain a safe and productive workplace. 007392 City Council Workshop Meeting Wednesday, August 23, 1989 Page 3 She noted that the policy is based upon a reasonable suspicion that an employee is under the influence of drugs or alcohol. A supervisor may request that person to submit to a chemical analysis test; and if the test is positive, the employee may choose to enter a rehab program as a condition of probation. Councilman Haddox and Councilman Birdwell recommended changing the pre-employment section of the policy to reflect that all applicants shall be tested for drugs. Mr. Birdwell added that drug testing should also be done when an on-the-job accident occurs. Ms. Locke responded that staff has looked into this condition. Ms. Dickson mentioned the supervisor must document in writing the facts constituting reasonable suspicion. Councilman Gardner asked if the staff has any idea of a drug problem within the city organization. Ms. Dickson replied that the city has spent approximately $30,000 in voluntary admission programs since January. Councilman Haddox stated that the city can take a leadership role through adoption of this policy to provide a drug free workplace. Councilman McIlhaney added that she views this policy as a safety measure for the citizens as well as the employees. Ms. Dickson continued to review the policy. She stated that if an eligible employee refuses to agree to the drug rehabilitation program, it may constitute insubordination and may be grounds for discipline up to and including termination. She mentioned that this statement has been placed in the policy because of varying degrees of problems that might occur. Councilman Birdwell pointed out that if someone has met the criteria for reasonable suspicion and does not agree to the test or does not volunteer for treatment, then that person should be terminated. Councilman Brown agreed. Further discussion was held. City Manager Ragland noted that there are items on the list which may occur, but may not involve any drugs. He added that the city must leave some discretion in the policy. Councilman Birdwell reiterated that if the management decides an employee has probable cause for a drug test, and the employee refuses to submit to a drug test or to the rehab program, they will be terminated. If this is not the case, the policy will not be effective. Councilman McIlhaney pointed out that the supervisors will be trained to look for these symptoms. Mayor Ringer noted that the policy must allow some flexibility for management. 00739.3 City Council Workshop Meeting Wednesday, August 23, 1989 Page 4 Councilman Birdwell recommended changing the provision to read: "Refusal to agree to submit to an alcohol and/or drug analysis when requested by management personnel shall constitute insubordination and shall be grounds for discipline up to and including termination." Councilman McIlhaney asked that the statement include a treatment program as an alternative. Ms. Dickson continued to describe the provisions of the policy. Councilman Gardner asked if the employees were given the opportunity to respond to this policy. Ms. Dickson stated that the policy was circulated throughout the city at the directors' level. Ms. Dickson verified that the policy will contain drug testing for persons who have on-the-job accidents involving injury and/or property damage. Aqenda Item No. 2 - Presentation of items related to the proposed creation of a Wolf Pen Creek Corridor district. [Council Issue No. I (1989-90) and Council Issue No. 4 (1988-89)]. Discussion of a proposal to authorize city staff to neqotiate with the firm of J.T. Dunkin and Associates, Inc., for the provision of professional services in conjunction with plans for Phase I of Nolf Pen Creek Park. City Planner Callaway presented this item. Mr. Callaway stated the following reasons why J.T. Dunkin is the appropriate choice for the design services: 1) The firm is familiar with the nature and goals of the project; 2) The firm has established relationship with the engineering firm involved in floodway anaylsis; 3) The firm's previous work on this project has been satisfactory. Councilman Birdwell commented that there are several local firms who are qualified to complete this project. Councilman Gardner agreed. Mr. Callaway noted that the conceptual site plan has been determined and it is designed to the point that negotiations can be made for the first phase development. He also pointed out that from funds in the grant budget, $71,000 has been allocated for the services that do not cover the engineering services for submission to FEMA approval for the entire project. Councilman Haddox commented that J.T. Dunkin has done an excellent job to this point, and they should continue to proceed with Phase I of this project. Councilman McIlhaney stated that J.T. Dunkin has provided the city with their conceptual plan and everyone has agreed with it. 007394 City Council Workshop Meeting Wednesday, August 23, 1989 Page 5 B. Discussion of a draft ordinance creating the Wolf Pen Creek Corridor district. Senior Planner Kee briefly explained the draft ordinance prepared by staff. She presented the Council with an updated copy of the ordinance. She stated that this ordinance proposes that Wolf Pen Creek Corridor become a special zoning district. Ms. Kee described the ordinance by stating that it will define the boundaries; establish uses; and provide a review process, development standards, and development incentives. She defined the boundaries of the zoning district as the same boundaries of the tax increment financing district. She pointed out several of the permitted uses. Ms. Kee explained that the review process will be conducted by the Design Review Board consisting of seven voting members. She highlighted several points in the next section of ordinance pertaining to development standards. She discussed the last section of the ordinance relating to development incentives. Ms. Kee pointed out that the subcommittee was formed to make a more in-depth study of the ordinance. The committee is made up of three P&Z commissioners, Councilman Gardner, and several staff personnel. Councilman Birdwell asked staff to justify the new Design Review Board. Councilman Gardner pointed out that the Design Review Board consists of experts qualified in each of the respective fields on this Board. Ms. Kee concurred. Discussion followed on the issue of sign limitations. Councilman Haddox commented that the property will become more valuable when development occurs. Discussion concluded. Mayor Ringer reminded the council members that in order for a council member to become a representative on a committee, the council should decide who serves as a council representative to a subcommittee. Aqenda Item No. 3 - Consideration of revisions to the Utility Deposit Requirement Ordinance. Executive Director for Management Services Piwonka presented this item. She pointed out that many suggestions have been received from the customers dealing with the city's current utility deposit requirements. The Utility staff has prepared revisions to the ordinance for council's consideration. Utilities Office Manager Albright discussed the proposed changes. One change will allow the tenant to provide an opportunity to maintain a good payment record and to allow information from 007395 City Council Workshop Meeting Wednesday, August 23, 1989 Page 6 other utilities to be used in lieu of a deposit. Mayor Ringer pointed out that this is a good move for the utility department. Councilman Birdwell stated that the city currently does not allow a telephone caller to ask for utility service for a two-week clean-up unless that person has a deposit. Ms. Piwonka pointed out that the file must contain an authorization statement from the owner. After discussion continued, Ms. Piwonka stated that staff will look into this situation. Item No. $ - counci! concerns. Councilman Brown thanked the city for their involvement in the Brazos County Job Fair at the Brazos Center. Councilman McIlhaney asked if it would be possible to set up a workshop meeting with the school district and the county to allow a better understanding of an incentive program toward economic development. Mr. Ragland replied that this issue is part of the council issues, and staff has begun drafting several policies. Councilman Gardner commented about the Amtrak logo and its colors and recommended it be painted on the outside north wall of the city's Amtrak station. &qenda Item No. 6 - City Manaqer Concerns. Mr. Ragland reported that he has presented each council member with an outline of the proposed budget changes per discussion at the retreat. Aqenda Item No. 7 - &~journ. Mayor Ringer adjourned the meeting at 6:10 p.m. ATTEST: APPROVED: 007:396