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HomeMy WebLinkAboutMin - City Council - 1989 - 12/07 - RegularALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 Present: Joe Farmer, Mayor Council Members. Rex Womack Jerry Wilson, Mayor Pro Tem Bobby Glass Jim Wolfe (Absent) Alan Fyke Gary Edstrom City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary WORKSHOP SESSION - 8:45 P.M. With a quorum of the Council Members present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 7 05 p.m. on Thursday, December 7, 1989, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Itemm (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items Item D regarding the resubmission of an application to the Texas Department of Commerce for a Texas Capital Fund Grant will be pulled from the consent agenda due to discussions held previously regarding this subject. A recommendation will come forward to hold a public hearing on December 14 at 6.00 p.m. Discussion was also held regarding the partial release of retainage to Tri - Con for Main Street 11 /Ill improvements The project is almost complete, with no delays Staff indicated this is one of the best contractors it has worked with and therefore, staff is recommending a reduction in retainage from 5% to 21,$. A question was raised regarding the payment to Sasaki from the Library Bond Funds There was no further discussion on this item. ALLEN CITY COUNCIL WORKSHOP SESSION DECEMBER 7, 1989 PAGE 2 Discussion of Consent Agenda and Regular Agenda Items (Cont'd) (Agenda Item II) Mayor Farmer reviewed Agenda Item VI, Request to Appear by Stacy Brown, Executive Director, Allen Community Outreach to Present an Overview of their Various Community Service Programs. There was no discussion on this item. Mayor Farmer reviewed Agenda Item VII, Public Hearing on a Request for Specific Use Permit for Auto Tire and Repair Facility with Site Plan on Property Located 400 Feet South of the Southeast Corner of SH 5 and Bethany Drive in PD Shopping Center No. 4 as Requested by Bill Davidson. Discussion was held regarding the fence in relation to the utility easement and the need to leave the easement unfenced. This will be brought up for discussion during the regular meeting There was no further discussion on this item. Mayor Farmer reviewed Agenda Item VIII, Consider an Ordinance Approving Rates for Lone Star Gas Company within the City of Allen. Discussion was held regarding several changes to the ordinance before the Council. Those changes will be noted during the regular meeting and the ordinance should be adopted with those changes There was no further discussion on this item. �j Mayor Farmer reviewed Agenda Item IX, Review and Approve Specifications Ems? for Purchase of Sewer Jet Truck for Public Works Department and Authorize Solicitation of Bids There was no discussion on this item. L Mayor Farmer reviewed Agenda Item X, Consider Capital Improvement Projects for the Fiscal Year 1989-90 Using Remaining Bond Funds No subcommit- tee has any information regarding capital improvement projects' use of bond funds There was no further discussion on this item. Mayor Farmer reviewed Agenda Item XI, Discuss the Implications of Proposition 5, the Freeport Amendment, Approved at the November 7, 1989 Election. Statistics compiled by Judy Morrison regarding the city's opinion of the freeport amendment as reflected in the November 7 election was distributed to the Council. Jon McCarty, City Manager, will present a brief summary regarding this topic during the regular session. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item XII, Other Business. There was no discussion on this item. Council Committee Reports. Finance/Administration (Agenda Item III -A) This agenda item was passed over There was no discussion on this agenda item. �I ALLEN CITY COUNCIL WORKSHOP SESSION DECEMBER 7, 1989 PAGE 3 Council Committee Reports. Development (Agenda Item III -B) This agenda item was passed over There was no discussion on this agenda item. Council Committee Reports. Services (Agenda Item III -C) This agenda item was passed over There was no discussion on this agenda. Items of Interest to the Council (Agenda Item IV) This agenda item was passed over There was no discussion on this agenda item. With no further discussion, the workshop session of the Allen City Council was adjourned at 7 30 p.m. on Thursday, December 7, 1989 REGULAR SESSION - 7:30 P.M. With a quorum of the Council Members present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7 35 p.m. on Thursday, December 7, 1989, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item V) MOTION Upon a motion made by Councilman Womack and seconded by Councilman Edstrom, 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 16, 1989 - Regular Session. B Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows 1 R. J DeWees & Son $516.00 For- Installation of dividing curtains - Police & Courts Building Period. Thru August 25, 1989 2. Wilhide, Inc. $15,000.00 For- Furniture (partial pmt.) - Police & Courts Building Period. Thru November 15, 1989 ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 CONSENT AGENDA (Cont'd) 3. Dring Engineering For, HVAC maintenance contract - Library Period. Nov 1, 1989 - Oct. 31, 1990 4. Budget Signs For, Library signage Period. June thru Nov , 1989 5 Acquisition Association For, Negotiations on SEC & NEC - Bethany/U S. 75 Period. Aug thru Oct., 1989 6 Savoy Suppliers For, Glass beads for painting - Main Street Phases II & III Period. Thru November 10, 1989 7 Boone Electric For, Moving electric State Farm Insurance building (112 cost) Period. Thru November 17, 1989 8 Sasaki Associates For, Personnel & reimbursable expenses - Allen Town Square Period. Thru October 28, 1989 9 Tri -Con Services For- Paving & drainage - Main Street Phases 11 & III Period. Oct. 26 - Nov 25, 1989 10. Graham & Associates For* Construction staking - McDermott Drive Period. Thru November 28, 1989 11 Lloyd, Gosselink, Ryan & Fowler For, Professional services - Special Use Facility Period. Thru October 31, 1989 PAGE 4 (Agenda Item V) $1,545 00 $1,926.00 $370 00 $246.00 $236 00 $3,339 58 $62,700 00 $450 00 $450.67 ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 PAGE 5 CONSENT AGENDA (Cont`d) (Agenda Item V) 12. Tri -Con Services $$,470 37 For, Release one half retainage - McDermott project Period. Thru entire contract 13. Roadrunner Traffic $52 60 For• Signs - McDermott Project - Main Street Phases II & III Period. Thru November 7, 1989 E. Authorize Staff to Advertise for Bids for Antique Lighting Fixtures for Dogwood Street. F Authorize Engineering Design for F M. 2170 East, Approve Project Budget and Authorize City Manger to Contract for Services. G Resolution No.954-12-89(R) A Resolution of the City Council E of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1988 Tax Roll and Approving a Refund for Overpayment of Taxes Resolution No. 955-12-89(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1989 Tax Roll. Resolution No. 956-12-89(R) A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1989 Tax Roll. H. Ordinance No. 957-12-89: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Approving the 1989 Tax Roll Compiled from the 1989 Appraisal Roll. Item C, Adopt Ordinance Establishing Pro -Rata Fees for the A. S.A.P Sewer System and Item D, Set December 21, 1989 as Public Hearing Date to Consider the Resubmission of an Application to the Texas Department of Commerce for a Texas Capital Fund Grant and Approve a Resolution Supporting that Application, were removed from the Consent Agenda. The motion carried. End of Consent Agenda ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 PAGE 6 Mayor Farmer returned to Item C of the Consent Agenda. This ordinance will establish the per line or foot and per acre pro rata fees as called for in the previous facilities agreement. MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Glass, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 958-12-89: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Establishing a Pro Rata Charge as a Prerequisite to Utilizing the Capacity of a Specified Sanitary Sewer Line; Providing a Severability; Providing a Penalty and Declaring an Emergency The motion carried. Mayor Farmer returned to Item D of the Consent Agenda. It is the recommendation of the Texas Capital Fund Grant committee that Council set a public hearing to consider resubmission of the application to the Texas Department of Commerce. MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Glass, the Council voted six (6) for and none (0) opposed to set a public hearing date for 6.00 p.m., December 14, 1989, to consider the resubmission of the application to the Texas Department of Commerce for a Texas Capital Fund Grant and at that time approve a resolution supporting that application. The motion carried. Request to Appear by Stacy Brown, Executive Director, Allen Community Outreach to Present an Overview of Their Various Community Service Programs (Agenda Item VI) Stacy R. Brown, Executive Director of the Allen Community Outreach, presented an overview of the various community service programs available at the agency She discussed the allocation of funds by program category for the upcoming year and the revenue levels for 1988 - 1990 She was congratulated for the great job she has done for the community and expressed city support for the various programs This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 PAGE 7 Public Hearing and Ordinance No. 959-12-89 (Agenda Item VII) Public Hearin ¢: Request for a Specific Mayor Farmer read the request into the record as follows. "Public Hearing on a Request for Specific Use Permit for Auto Tire and Repair Facility with Site Plan on Property Located 400 Feet South of the Southeast Corner of SH 5 and Bethany Drive in PD Shopping Center No. 4 as Requested by Bill Davidson." Use Permit for an auto tire and repair facility with Site Plan approval on property located 400 feet south of the south- east corner of S.H. 5 and Bethany Drive. Location: One acre of a 4.2 acre tract in the Rufus Sewell Survey, Abstract No. 875. Zoe Planned Development - Shopping Center No. 4. Requested bv• Mr. Bill Davidson and Mr Joe Barton King. and Ordinance No. 959-12-89: An Ordinance of the City of Allen, Collin County, Texas, Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as Heretofore Amended, so as to Attach a Specific Use Permit for a Tires, Batteries, Accessories and Auto Repair Facility with Site Plan Approval, There- fore Restricting a Portion of Planned Development - Shopping Center No. 4, Further Described as 805 S. Greenville, Allen, Collin County, Texas; Subject to the Stipulations Attached Herein and Exhibit "F" Site Plan; Presently Delineated on the Official Zoning Map as Planned Development - Shopping Center No. 4 (PD -SC 4); Providing for Site Plan Approval; Providing for a Penalty; Providing an Effective Date; and Providing Publication of the Caption. Mayor Farmer read the request into the record as follows. "Public Hearing on a Request for Specific Use Permit for Auto Tire and Repair Facility with Site Plan on Property Located 400 Feet South of the Southeast Corner of SH 5 and Bethany Drive in PD Shopping Center No. 4 as Requested by Bill Davidson." ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 PAGE 8 Public Hearing and Ordinance No. 959-12-89 (Cont'd) (Agenda Item VII) Mr Joe King, Architect, spoke before the Council with a request for a Specific Use Permit for an auto tire and repair facility with Site Plan approval. He discussed the location, the building structure and the landscaping This request comes before council as a result of Planning and Zoning recommendation with the following findings 1 The request meets all area regulations and parking requirments for a shopping center district. 2 The air conditioning unit will be screened from view 3 The landscaping requirements are satisfied. Although the playground is part of the proposed landscapting plan, the requirements would still be satisfied without it. 4. The use is compatible with the surrounding area. Mr King indicated as a result of earlier discussions, the fence shown on the 9 site plan would not include the 20' easement on the property Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. With no one speaking either for or against the request, Mayor Farmer closed the public hearing Discussion was held regarding the fence in relation to the utility easement and future expansion plans for the project. MOTION Upon a motion made by Councilman Womack and seconded by Councilman Glass, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 959-12-89 with modification of the fence placement as previously noted, as recommended by staff and the Planning and Zoning Commission. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 PAGE 9 Consider an Ordinance Approving Rates for Lone Star Gas Company within City of Allen (Agenda Item VIII) Ordinance No. 960-12-89: An Ordinance of the City of Allen, Texas, Amending Ordinance No. 676-2-86, and any Previous Ordinances, Fixing and Deter- mining the General Service Rate to be Charged for Sales of Natural Gas to Residential and Commercial Consumers in the City of Allen, Collin County, Texas; Providing for the Manner in Which Such Rate May be Changed, Adjusted and Amended; Approving the Elimination of the Rate Schedules for Public Free Schools -N and the Commercial Contract Public School Rate; Providing for a Schedule of Service Charges; and Provid- ing for a Main Line Extension Rate. r Due to further discussions with the attorney and Lone Star Gas officials the ordinance before council was edited to appropriately meet the needs and require- ments of all parties. J D Smithey, representative from Lone Star Gas, spoke before the Council and expressed his compliments to those individuals he was able to work with during the negotiation period. He is proud to be part of the Allen community and all that it stands for He also introduced two colleagues- Jeanette Moser and Rick Holden. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Edstrom, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 960-12-89 as corrected, in accordance with staff and subcommittee recommendation. The motion carried. Review and Approve Specifications for Purchase of Sewer Jet Truck for Public Works Department and Authorize Solicitation of Bids (Agenda Item IX) The City of Allen is requesting a Sewer Jet Truck Unit to provide a maintenance program of cleaning sewer lines. The estimated cost of this unit is $65,000 which has been budgeted in the 1989-90 Capital Outlay Account for the Public Works Department. A 11 ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 PAGE 10 Review and Approve Specifications for Purchase of Sewer Jet Truck for Public Works Department and Authorize Solicitation of Bids (Agenda Item IX) MOTION: Upon a motion made by Councilman Fyke and seconded by Councilman Glass, the Council voted six (6) for and none (0) opposed to approve specifications and authorize solicitation of bids for a sewer jet truck unit budgeted at $65,000, according to staff recommendation. The motion carried. Consider Capital Improvement Projects for the Fiscal Year 1989-90 Using Remaining Bond Funds (Agenda Item X) There was no discussion regarding the Capital Improvement Projects for FY 1989-90. Discuss the Implications of Proposition 5, the Freeport Amendment, Approved at the November 7, 1989 Election (Agenda Item XI) Jon McCarty, City Manager, briefly discussed the historical background of Proposition No. 5 of the Constitutional Amendment commonly known as the Freeport Amendment. This amendment would exempt from Ad Valorem taxation certain products processed in the State of Texas and held for less than 175 days. Mr McCarty discussed the pro's and con's related to this amendment. This item will be placed on the agenda for December 21 for further discussion and possible action. Calendar (Agenda Item XII -A) Discussion was held regarding the Council calendar A Public Hearing for Thursday, December 14, beginning at 6.00 p.m. was noted as an addition to the calendar Celebrate Allen - EAS (Agenda Item XII -B) Mayor Farmer discussed the Celebrate Allen -- EAS event to be held on Sunday, December 17, beginning at 1 30 p.m. Those who are interested in decorating and setting up for the event may do so on Saturday, December 16, beginning at 10.00 a.m. I 0 ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 Subcommittee Reports • Finance/Administration PAGE 11 (Agenda Item XII -C) The Finance/ Administration Subcommittee met with officials of the AISD regarding the joint tax office Topics of discussion included. depositing of funds, mailing of tax statements, personnel, regular meetings The meeting was very profitable, and the next one has been scheduled for February 8, 1990. A meeting is scheduled for December 12 to discuss the meeting room policy, computerization of the Library, Library collection development plan, update on computer systems development, and to review Tex Pool Investment Fund Information. Development The survey is still being tabulated with a return of 11 of 16 at the present time. Services The Services Subcommittee has reviewed the integrity ordinance and is now presenting it back to the Development Subcommittee Items of Interest to Council (Agenda Item XII -D) Mayor Farmer indicated a new item would be included in the Administrative Report which will include a "punch list" for the City Manager If any council member has an item he would like included on this list, please indicate that to the City Manager Adiourn (Agenda Item XIII) MOTION Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Glass, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:50 p.m., on Thursday, December 7, 1989 The motion carried. ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 7, 1989 PAGE 12 These minutes approved on the 21st day of December, 1989 ATTEST: i� ` TiA(O ITECRETARY I APPROVED: Qoe farmer, MAYOR