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HomeMy WebLinkAboutMin - City Council - 1990 - 05/17 - RegularPresent: Joe Farmer, Mayor Council Members: Rex Womack Mickey Christakos Bobby Glass Jim Wolfe, Mayor Pro Tem Alan Fyke Gary Edstrom (Arrived 6:52 p.m.) City Staff - Jon McCarty, City Manager Judy Morrison, City Secretary 12, WORKSHOP SESSION - 6:45 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 6:45 p.m. on Thursday, May 17, 1990, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. Item F, Set June 7, 1990 as the Public Hearing Dates on a Request to Annex 191.789 Acres Located South of Bandy Lane and West of FM 2551, As Requested by Marvin L. Shelley, was discussed. The requestors would like to develop a low density single family project which is in conformance with the present zoning on the property. This property is in the Allen ETJ although it has common boundaries with Parker. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item VI, Plaque of Appreciation to Jerry Wilson, Outgoing Member of the Allen City Council. Judy Morrison, City Secretary, informed the Council that he will not be present to accept this plaque. There was no further discussion on this item. I ALLEN CITY COUNCIL REGULAR MEETING MAY 17, 1990 Present: Joe Farmer, Mayor Council Members: Rex Womack Mickey Christakos Bobby Glass Jim Wolfe, Mayor Pro Tem Alan Fyke Gary Edstrom (Arrived 6:52 p.m.) City Staff - Jon McCarty, City Manager Judy Morrison, City Secretary 12, WORKSHOP SESSION - 6:45 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 6:45 p.m. on Thursday, May 17, 1990, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. Item F, Set June 7, 1990 as the Public Hearing Dates on a Request to Annex 191.789 Acres Located South of Bandy Lane and West of FM 2551, As Requested by Marvin L. Shelley, was discussed. The requestors would like to develop a low density single family project which is in conformance with the present zoning on the property. This property is in the Allen ETJ although it has common boundaries with Parker. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item VI, Plaque of Appreciation to Jerry Wilson, Outgoing Member of the Allen City Council. Judy Morrison, City Secretary, informed the Council that he will not be present to accept this plaque. There was no further discussion on this item. I ALLEN CITY COUNCIL WORKSHOP SESSION MAY 17, 1990 PAGE 2 Discussion of Consent Agenda and Regular Agenda Items (Cont'd) (Agenda Item II) Mayor Farmer reviewed Agenda Item VII, Citizen Comments. This is a new item to be included on the agenda each meeting. This will allow individuals to speak to the Council without presenting a formal letter prior to the meeting. Procedures will be forthcoming regarding this item with regard to time limitations, etc. There was no further discussion on this item. Mayor Farmer indicated a group of homeowners will be at the meeting from Raintree Estates. There is also a request to appear from David Prall regarding Hillside ballfields. There was no further discussion on these items. Mayor Farmer reviewed Agenda Item VIII, Public Hearing on a Request by TU Electric for an Increase in Electric Utility Rates Charged in the City of Allen and Consider an Ordinance Establishing Rates. The Finance/ Administration Committee is recommending through ordinance form, that the rate increase be denied. James Nelson, manager of the Allen office, will be available for a presentation to the Council. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item IX, Consider Approving the Library Collection Development Plan. The Finance/ Administration Committee has reviewed this plan and pointed out several items of discussion. Discussion was held regarding public requests, the gender references in the document, the addenda, and the "Gift Receipt Form." Discussion was held regarding censorship of books and the responsibility of that censorship as viewed by the community, the Council and staff. There was no further discussion on this item. With no further discussion, the workshop session of the Allen City Council was adjourned at 7:30 p.m. on Thursday, May 17, 1990. 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, May 17, 1990, 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 Fyke and seconded by Councilman Edstrom, 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. Approval of City Council Minutes of April 27 - 28, 1990 - Called - Special Meeting for Spring Planning Session. B. Approval of City Council Minutes of April 30, 1990 - Called - Special Joint AISD Board/City Council Meeting. ALLEN CITY COUNCIL REGULAR SESSION MAY 17, 1990 PAGE 3 CONSENT AGENDA (Cont'd) (Agenda Item V) 1 C. Approval of City Council Minutes of May 3, 1990 - Regular Session. D. Approval of City Council Minutes of May 10, 1990 - Called - Special Meeting to Canvass the General Election. E. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Graham Associates, Inc. $20,487.25 For: FM 2170 (East Engineering Design) 1985 Street Bond Funds Period: Thru April, 1990 2. Graham Associates, Inc. $375.00 For: Main Street, Phases II & III 1985 Street Bond Funds Period: Thru April, 1990 3. Industrial International, Inc. For: Main Street, Phases II & III $1,530.00 1985 Street Bond Funds Period: Thru April 17, 1990 4. O'Brien Landscape $3,634.36 For: Main Street Phases II & III 1985 Street Bond Funds Period: Thru April 25, 1990 5. Custom Crete, Inc. $225.70 For: Asphalt Overlay 1985 Street Bond Funds Period: Thru April 16, 1990 6. George Joyce & Associates $300.00 For: Asphalt Overlay 1985 Street Bond Funds Period: Thru April 11, 1990 7. Tri -Con Services, Inc. $11,620.11 For: Paving & Drainage - Main Street Phases 11 & III 1985 Street Bond Funds Period: Feb. 26 - Mar. 25. 1990 1 A 1, ALLEN CITY COUNCIL REGULAR SESSION MAY 17, 1990 CONSENT AGENDA (Cont'd) PAGE 4 (Agenda Item V) Set June 7, 1990 as the Public Hearing Dates on a Request to Annex 191.789 Acres Located South of Bandy Lane and West of FM 2551, as Requested by Marvin L. Shelley. Schedule of Taxes Receivable as of March 31. 1990. The motion carried. End of Consent Agenda Plaque of Appreciation to Jerry Wilson, Outgoing Member of the Allen City Council (Agenda Item VI) On behalf of the Council, Mayor Farmer expressed his appreciation for the years of service Jerry Wilson had donated to the community. Since he was unable to be present to receive his plaque -of -appreciation, it will be forwarded to him at another time. Citizens Comments Mayor Farmer explained to the audience that the "Citizen Comments" item will appear on each upcoming agenda for the convenience of citizens who desire to appear before Council. Standards and procedures surrounding this item will be developed in the near future. Mayor Farmer reminded the audience the Council will not be able to act on any item brought up but will take those items into consideration and possible future action. Sam Souan, 1215 Edgewood Lane (Agenda Item VII -A) Sam Souse, 1215 Edgewood Lane, Allen, Texas, spoke before the Council representing the residents of Raintree Estates. He hoped to make the Council aware of existing conditions in that subdivision resulting from the area being placed in receivership. Raintree Estates has been characterized by the following conditions: 1. No land sales. 2. No new construction. 3. Inadequate maintenance of common areas and vacant lots. 4. A general lack of attention by the Westwind Properties resulting in a significant degradation in the overall quality of the development. 5. A complete lack of information and cooperation with the residents by Westwind Properties and Olney/AmWest. The residents of Raintree Estates seek the Council's support to insure that Raintree Estates is permitted to continue its development according to the original planning documents. ALLEN CITY COUNCIL REGULAR SESSION MAY 17, 1990 PAGE 5 Sam Souan, 1215 EdRewood Lane (Cont'd) (Agenda Item VII -A) Mr. Sousa presented tentative objectives of the Raintree Homeowners' Association. 1. Representation by the Raintree Homeowners Association on the Architectural Control Committee. 2. A marketing plan whereby custom builders build out the development in accordance with the original plans and proposed programs as projected by Westwind Properties. 3. If for some reason Raintree Estates cannot be completed with custom builders, then there be at least three or more different volume building companies to complete the development. 4. Whoever builds in Raintree Estates would cooperate with the Raintree Homeowners Association regarding amenities and restrictions. Bill Petty, Director of Community Development distributed information regarding Raintree Estates data. He discussed the zoning, house and lot sizes and the number of lots available. Mr. Petty also informed the audience of the City's role with regard to deed restrictions. The City is responsible only for the enforcement of zoning requirements. Paul Wilkinson, 1200 Edgewood, Allen, Texas, questioned Council and staff regarding zoning standards. Mr. Petty explained the procedure of a zoning request, including required public hearings by the Planning and Zoning Commission and the City Council. Oscar Ponder, Principle of Westwind Properties, 16980 Dallas Parkway, Suite 204, Dallas, Texas 75428, spoke before the Council. Mr. Ponder discussed the background of the receivership and the relationship between Olney Savings and Westwind Properties. Mr. Ponder expressed a commitment to the City of Allen and the residents who have purchased homes in Raintree Estates. Mayor Farmer discussed the role that Oscar Ponder holds in the actual sales contract with interested buyers and the commitment he expressed to the City of Allen. Maintenance of Raintree Properties was discussed. Mayor Farmer discussed certain points of summary: All parties involved have expressed an interest and concern. The Allen City Council will uphold all city documents dealing with this property. There seems to be a willingness to talk and it is suggested that this take place. The developer was asked to do something tangible to demonstrate that he is serious about his commitment to Allen. ALLEN CITY COUNCIL REGULAR SESSION MAY 17, 1990 PAGE 6 Sam Souan, 1215 Edgewood Lane (Cont'd) (Agenda Item VII -A) Don Evans, 1219 Rainforest Drive, Allen, Texas, spoke before the Council regarding the request for lot information at Raintree Estates. He also thanked the Council for their attention to the homeowners and expressed appreciation to all parties involved. Mayor Farmer called a short recess at 8:30 p.m. Council reconvened at 8:35 p.m. David Prell, 1201 Creekwood Court (Agenda Item VII -B) David M. Prah, 1201 Creekwood Court, Allen, Texas spoke before the Council regarding the use of softball fields at Hillside Park by men's and coed softball teams. He suggested that Council reconsider the previous ban on this field due to the numbers of participants in these leagues and the lack of practice fields available. Mayor Farmer advised Mr. Prall staff will take this under advisement and study the use of fields at Hillside Park. Public Hearing and Ordinance No. 982-5-90 (Agenda Item VIII) Public Hearing: Public Hearing on a Re- quest by TU Electric for an Increase in Electric Utility Rates Charged in the City of Allen and Consider an Ordinance Establishing Rates. and Ordinance No. 982-5-90: An Ordinance Approving Rate Schedules to be Charged by Texas Utilities Electric Company in the City of Allen, Texas, and Providing for Schedules, Conditions, Severability, and Repeal of Conflicting Ordinances. Jon McCarty, City Manager, informed the Council that on January 16, 1990, the Texas Utilities Electric Company delivered to the City a petition and statement of intent to raise rates by 10.2%. The Council took action to suspend the rate increase request for a period of 90 days in order to study the proposed increase. The Council also authorized the City to participate with other cities acting as an intervenor in the case as it moves to the Public Utilities Commission. The Finance/Administration Committee has reviewed this case and is recommending that the Council adopt an ordinance denying the rate increase request as proposed by TU Electric. This recommendation is also consistent with that of the consultants hired by the cities. ALLEN CITY COUNCIL REGULAR SESSION MAY 17, 1990 PAGE 7 Public Hearing and Ordinance No. 982-5-90 (Cont'd) (Agenda Item VIII) James Nelson, local manager with TU Electric spoke before the Council. He briefed the Council on amenities that TU Electric provides its customers. Mr. Nelson indicated that the action being considered by the Council is negative toward TU Electric and shows dissatisfaction with the service. Mr. Nelson asked the Council to consider the option to adopt the rate that is finally approved by the Public Utility Commission. Mayor Farmer read the request into the record as follows: "Public Hearing on a Request by TU Electric for an Increase in Electric Utility Rates Charged in the City of Allen and Consider an Ordinance Establishing Rates." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Mr. Ron Manning, 411 Sycamore Creek, Allen, Texas, spoke before the Council regarding the rate increase requested by TU Electric. Mr. Manning supported the Council's recommendation to deny the rate increase request as proposed by TU Electric. Mayor Farmer closed the public hearing. The Finance/Administration Committee indicated the position of the Council is not an adversarial position with TU Electric. TU Electric has been a good neighbor, and that is not the question in this decision. Comments from members of the Council expressed appreciation for the good relationship the City has always enjoyed with the utility company. This action in no way is meant to jeopardize that relationship. However, it is the obligation of the Council to represent the community in this decision. MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Wolfe, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 982-5-90, as previously captioned, as recommended by the Finance/ Administration Committee. The motion carried. Conaider Approving the Library Collection Development Plan (Agenda Item IX) Barbara Buehler, Library Director, discussed the Library Collections Acquisition Fund which had been created by ordinance in 1986. This ordinance required that a general plan to authorize the expenditure of these donations be brought back to Council after formulation by the Library Board. Discussion was held regarding several areas of the plan and the addenda. MOTION: Upon a motion made by Mayor Pro Tem Wolfe and seconded by Councilwoman Christakos, the Council voted seven (7) for and none (0) opposed to approve, according to Finance/ Administration and Library Board recommen- dation, the collection development plan with the following stipulations: ALLEN CITY COUNCIL REGULAR SESSION MAY 17, 1990 PAGE 8 Consider Approving the Library Collection Development Plan (Cont'd) (Agenda Item IX) All addenda are to be removed and each addendum be brought back to Council for review, with explanatory statements as to their importance after approval by the Library Board and staff. Appeals for the Library Director's denial of "Request for Reconsideration of Materials" will be made to the Library Board. Remove any gender references. Minor changes be made to the Gift Receipt Form to include a "thank -you" for the gift and other wording as appropriate (deletion of addendum reference). A form allowing patrons to request new material be included in the plan The motion carried. Barbara Buehler, Library Director, displayed a Texas Sampler Quilt that the Quilters Guild had presented to the Library as a gift. Mrs. Buehler was instructed to prepare a letter of appreciation from the Council, Library Board and staff for the Mayor's signature. Approve the Selection of a Consultant to Update the City's Personnel Policies and Procedures Manual and Authorize Execution of a Contract for those Services (Agenda Item X) Jon McCarty, City Manager, discussed the need to update the City's personnel policies and procedures manual. Four consulting firms have been contacted and staff feels the proposal from Bill Chibotta most closely addresses the needs of the City within the budgeted funds. A draft of the document will be brought to the FinancelAdministra- tion Committee for review and the final document will be brought to the Council for adoption by form of a resolution. A workshop setting may be necessary for this review. The completion date is expected to be August 1. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Edstrom, the Council voted seven (7) for and none (0) opposed to approve, according to Finance/ Administration Committee and staff recommendation, the selection of Bill Chibotta as consultant to update the City Personnel Policies and Procedures Manual at the cost of $6,000, and to authorize the City Manager to execute a contract for those services. The motion carried. L F H 1 ALLEN CITY COUNCIL REGULAR SESSION MAY 17, 1990 PAGE 9 Authorize Solicitation of Proposals for a Health Benefit Consultant (Agenda Item XI) The Finance/Administration Committee informed the Council the services of a health benefits consultant is an unbudgeted item; however, funds are available through certain avenues such as sales tax. This would allow for a new plan to take effect October 1, at the beginning of the new fiscal year. Discussion was held regarding the cost for this consultant service. Concern was expressed whether this would be a necessary item each year to update benefits or whether this fee would be justified to implement a plan suitable for many years in the future. There needs to be a commitment to make this a maintainable plan. Jon McCarty, City Manager, discussed options offered by TML and local cities in Collin County. Caution and concern was expressed regarding the big eight firms and the possible cost involved with those firms. Council will look very closely at the final cost of these proposals after solicitation has been made. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Edstrom, the Council voted seven (7) for and none (0) opposed to authorize staff, in accordance with Finance/Administration Committee recommendation, to solicit proposals for a health benefits consultant. The motion carried. Adopt a Resolution Appointing a Records Management Officer (Agenda Item XII) Resolution No.983-5-90(R): A Resolution of the City Council of the City of Allen, Collin County, Designating the Position of City Secretary, and the Person Occupying that Position, as the Records Management Officer for the City of Allen in Accordance with the Requirements of Section 203.025 of the Local Government Code. House Bill 1295 of the Local Government Code directs that by June 1, 1990, the governing body of each local government must designate a Records Management Officer. Council expressed concern over the amount of time and effort that is involved in this legislation and this will fall under the Finance/ Administration Committee jurisdiction. MOTION: Upon a motion made by Mayor Pro Tem Wolfe and seconded by Councilman Fyke, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 983-5-90(R), as previously captioned. The motion carried. F, F I ALLEN CITY COUNCIL REGULAR SESSION MAY 17, 1990 PAGE 10 Consider Capital Improvements Projects for Fiscal Year 1989-90 Using Remaining Bond Punds (Agenda Item XIII) There are no Capital Improvement Projects for FY 1989-90 under consideration at this time. Other Business: Calendar (Agenda Item XIV -A) The Development Committee will meet May 22 at 6:00 p.m. A Flag Day activity is being planned by Rhoda Savage on June 14. A reception for David Pitstick will take place on June 24, 1-4 p.m. at Ford Park. CCPOA (Agenda Item XIV -B) The Collin County Public Officials Association's Annual Banquet will be held Thursday, May 24 at the Quarter J Ranch in Parker, Texas. TML Institute for Mayors and Councilmen (Agenda Item XIV -C) Registration information for the upcoming Institute for Mayors, Councilmembers and Commissioners to be held in Lubbock, June 29 -July 1 is available for anyone who might be interested. Voice Mail (Agenda Item XIV -D) Richard Carroll, Police Chief, discussed the subject of voice mail and several possibilities available, depending upon what the Council desires. The Mayor would like to give more thought to the subject and will get back to the Police Chief at a later date. Committee Reports (Agenda Item XIV -E) There were no Committee reports. Adiourn (Agenda Item IX) MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Wolfe, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:25 p m., on Thursday, May 17, 1990. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION MAY 17, 1990 PAGE 11 These minutes approved on the 7th day of June, 1990. ATTEST: / J Mo on, CITY SECRETARY I I APPROVED: Jae Farmer, MAYOR