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HomeMy WebLinkAboutMin - City Council - 1992 - 02/06 - RegularPresent: Joe Farmer, Mayor CouncIlmembers Kevin Lilly Mickey Christakos David Bishop Mike Nichols Steve Terrell Gary Edstrom, Mayor Pro Tem City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary WORKSHOP SESSION - 6:45 P.M. With a quorum of the Councilmembers present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:50 p. m. on Thursday, February 6, 1992, 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. Discussion was held regarding Agenda Item V -G, Authorize Execution of Contract and Disbursement of Funds for Participation with State Department of Highways and Public Transportation in Right -of - Way Acquisition for Widening of US 75 in Allen. Discussion was held regarding the completion date of the project and the 10% formula used by the Department of Highways regarding right-of-way acquisition. Although engineering is not yet complete on the project, right-of-way acquisition will begin immediately. Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. An audience may appear regarding the 20 mile -per -hour speed limit signs on Livingston. Discussion was held regarding the placement of those signs and the study done authorizing the placement of those signs. Mayor Farmer reviewed Agenda Item VII, Public Hearing on a Request to Re -Zone 16.7 Acres from Light Industrial to Planned Development No. 51 with Site Plan Approval, Located at the North East Corner of Bethany Drive and US 75 and Consider an Ordinance Effecting this Change. A letter has been received from Robert W. Pope requesting ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 6, 1992 Present: Joe Farmer, Mayor CouncIlmembers Kevin Lilly Mickey Christakos David Bishop Mike Nichols Steve Terrell Gary Edstrom, Mayor Pro Tem City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary WORKSHOP SESSION - 6:45 P.M. With a quorum of the Councilmembers present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:50 p. m. on Thursday, February 6, 1992, 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. Discussion was held regarding Agenda Item V -G, Authorize Execution of Contract and Disbursement of Funds for Participation with State Department of Highways and Public Transportation in Right -of - Way Acquisition for Widening of US 75 in Allen. Discussion was held regarding the completion date of the project and the 10% formula used by the Department of Highways regarding right-of-way acquisition. Although engineering is not yet complete on the project, right-of-way acquisition will begin immediately. Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. An audience may appear regarding the 20 mile -per -hour speed limit signs on Livingston. Discussion was held regarding the placement of those signs and the study done authorizing the placement of those signs. Mayor Farmer reviewed Agenda Item VII, Public Hearing on a Request to Re -Zone 16.7 Acres from Light Industrial to Planned Development No. 51 with Site Plan Approval, Located at the North East Corner of Bethany Drive and US 75 and Consider an Ordinance Effecting this Change. A letter has been received from Robert W. Pope requesting ALLEN CITY COUNCIL WORKSHOP SESSION FEBRUARY 6, 1992 PAGE 2 withdrawal of the zoning case at this particular location. It is understood that the proponent was not able to receive adequate financing to complete this project. The Mayor will read the letter from Mr. Pope into the record during the regular meeting. Mayor Farmer reviewed Agenda Item VIII, Tabled Item: Approve Resolution Establishing Policy Relating to City's Television Cable Channel. The intent of this policy is to use the cable television channel to relay information to the general public. Use of the channel is restricted to public information of a service nature with no political advertising or information soliciting financial gain. The City Manager will briefly discuss this item during the regular meeting. Mayor Farmer reviewed Agenda Item IX, Consider Items Related to Calling an Election for the Purpose of Electing the Mayor and Three Members (Places 2, 4, 6) to the City Council. There are three separate actions relating to the election. The first item is ordering the election to be held on May 2, 1992 at Rountree Elementary School. The second item is approving a resolution appointing election officials for the May 2, 1992 City Council Election. The third item is setting a canvass date on May 7, 1992 to canvass the results of the election. Mayor Farmer reviewed Agenda Item X, Annual Crime Report. Police Chief Richard Carroll will be available to present information to the Council regarding the crime report for 1991. Mayor Farmer reviewed Agenda Item XI, Quarterly Financial Report. Charlotte Smith, Finance Director, will review the Quarterly Financial Report with the Council. Mrs. Smith indicated that both Raintree and McDermott properties have paid their delinquent taxes. The total amount paid on Raintree was $66,282 and the total amount on McDermott properties was $253,450. She indicated that as of January 31, 96% of ad valorum taxes have been collected for the City of Allen. Mayor Farmer reviewed Agenda Item XII, Approve Schedule for Proceeding on Matters Related to 1/2 Cent Sales Tax for Economic Development. David Pitstick, Economic Development Coordinator, distributed a revised calendar to the Council. It was noted that a public hearing will be held on Thursday, April 16, prior to the adoption of the Articles of Incorporation and Bylaws. Discussion was held regarding future appointments to the Board and the process for doing so. Once the Board has been appointed, the Economic Development Subcommittee will be absolved and the topic of economic development will be reassigned to a regular council subcommittee. The City Secretary's office will have data forms available for those who are interested in applying for a position on the board. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:36 p.m. on Thursday, February 6, 1992. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:43 p. m. on Thursday, February 6, 1991, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 6, 1992 PAGE 3 CONSENT AGENDA (Agenda Item V) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember 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 January 11, 1992, Special Called Information/Interaction Session. B. Approve Minutes of January 14, 1992, Special Called Information/Interaction Session. C. Approve Minutes of January 16, 1992, Regular Meeting. D. Approve Minutes of January 22, 1992, Special Called Meeting - Election Canvass. E. Approve Minutes of January 22, 1992, Special Called Workshop - Quarterly Subcommittee Meeting. F. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Alpha Testing, Inc. $ 906.00 For: Concrete Testing 1985 Park Bond Funds Period: January 1 thru 15, 1992 2. Boone Electric Company $ 960.00 For: Electrical Wiring in New Building Install Power Poles Interest Earned Funds Period: Per Contract 3. Architectural Utilities, Inc. $ 11,315.00 For: Water Lines at Bethany Lakes Park 1985 Water Bond Funds Period: Nov. 30, 1991 - Jan. 6, 1992 4. Architectural Utilities, Inc. $171,218.50 For: On -Site Construction - Less 5% Retainage 1985 Park Bond Funds Period: Thru January 31, 1992 L ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 6, 1992 PAGE 4 5. Texas Water Commission $ 155.31 For: Balance of Application Fee for Texas Water Commission 1985 Park Bond Funds Period: January 21, 1992 6. TU Electric $ 9,330.00 For: Install Underground Distribution Facilities Rather than Overhead Lines to Serve Bethany Lakes Park 1985 Park Bond Funds Period: January, 1992 G. Authorize Execution of Contract and Disbursement of Funds for Participation with State Department of Highways and Public Transportation in Right -of -Way Acquisition for Widening of US 75 in Allen. Resolution No. 1073-2-92(R): A Resolution of the City of Allen, Collin County, Texas, Approving and Authorizing the Mayor to Execute an Agreement on Behalf of the City of Allen with the State of Texas Volunteering the City to Contribute Funds Toward Right -of -Way Acquisition for the Construction of the Widening of US 75. H. Adopt Ordinance Amending Traffic Code Establishing Speeds on US 75. Ordinance No. 1074-2-92: An Ordinance of the City of Allen, Texas, Amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-136, "Expressways; Freeways," of the Allen Code of Ordinances so as to Conform to the Texas Motor Vehicle Laws; and Providing for an Effective Date. I. Approve Resolution Authorizing Execution of Request for Application to the Texas Water Commission for a Permit for the Lakes in Bethany Lakes Park. Resolution No. 1075-2-92(R): A Resolution Authorizing the City Manager to Submit Application to the Texas Water Commission for Water Use for Permitting of the Lakes in Bethany Lakes Park. J. Approve Resolution in Support of the Application by North Texas Municipal Water District for a Permit Amendment to Operate Old McKinney Landfill. 1, 0 ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 6, 1992 PAGE 5 Resolution No. 1076-2-92(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Supporting a Site Development Plan and Permit Amendment to the Texas Department of Health McKinney Solid Waste Landfill Permit No. 568A, by the North Texas Municipal Water District. The motion carried. End of Consent Agenda Citizens' Comments (Agenda Item VI) Steve Packer, 113 Ashby Drive, presented Nathan Packer, Scout Troop #223, who was working on his Communications Merit Badge. The Council was pleased to have Nathan Packer observing the proceedings of a City Council meeting. Public Hearing on a Request to Re -Zone 16.7 Acres from Light Industrial to Planned Development No. 51 with Site Plan Approval, Located at the North Beat Corner of Bethany Drive and US 75 and Consider an Ordinance Effecting this Change (Agenda Item VII) Mayor Farmer read for the audience and into the record a letter received from Robert W. Pope requesting withdrawal of the zoning request due to the current situation in the lending market. "Please accept this letter as notice of withdrawal of the zoning case at the subject location. My client appreciates the cooperation received from the staff, appointed, and elected officials in this matter; he hopes to return with another proposal when the current situation in the lending market improves. Thank you for your assistance. Please let me know if you need additional information. Robert W. Pope" Because of the withdrawal request, Mayor Farmer did not open the public hearing. There was no action taken on this item. Tabled Item: Approve Resolution Betablishing Policy Relating toPolicy Relating City's Television Cable Channel Television Cable Channel (Agenda Item VIII) MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by Councihnember Nichols, the Council voted seven (7) for and none (0) opposed to remove the item, Approve Resolution Establishing Policy Relating to City's Television Cable Channel, from the table. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 6, 1992 PAGE 6 In accordance with the City's franchise agreement with the cable television provider, the City of Allen would like to establish a policy for use of the cable television government access channel. The government channel will be reserved for city purposes including police, fire, civil defense, and public service announcements and programs. Public service programs intended for a broad viewership within the city will also be allowed. There are restrictions, however, for this access channel. The city channel cannot be used for partisan or political advocacy. Also, the city's channel cannot be used for financial gain (direct or indirect), commercial or personal purposes. The city will begin using the channel within the next few weeks starting out with the use of the character generator initially and going to tape -delay programming later. It is anticipated that in the future the city will also use live broadcasting techniques. Final details of the actual process will be worked out with the City Manager, City Secretary and the Mayor. Resolution No. 1077-2-92(R): AResolutionof the City Council of the City of Allen, Collin County, Taxes, Adopting Certain Policies Regulating the Use of Cable Television Channel Set Aside for Government Access Purposes to Include Usage by Community Groups. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Resolution 1077-2-92(R) as previously captioned and in accordance with the Mayor's Subcommittee recommendation. The motion carried. Consider Items Related to Calling an Election for the Purpose of Electing the Mayor and Three Members (Places 2, 4, 6) to the City Council (Agenda Item IX) Resolution Ordering May 2, 1992, City Council Election (Agenda Item IX -A) In accordance with the Texas election laws, the Allen City Council is responsible for ordering the upcoming city election to be held on the first Saturday in May. The election to be ordered for May 2, 1992 is for the purpose of electing the Mayor and three members (Places 2, 4, and 6) to the Allen City Council to hold office for a period of two years. All city precincts will vote at Rountree Elementary School, 800 E. Main Street. Early voting by personal appearance shall be at the Allen Municipal Annex beginning Monday, April 13, and continuing through Tuesday, April 28, 1992, during the normal working hours of 8:00 a.m. to 5:00 p.m. Resolution No. 1078-2-92(R): AResolution of the City Council of the City of Allen, Collin County, Texas, Ordering an Election to be Held on May 2, 1992, for the Purpose of Electing the Mayor and Three (3) Members, (Place Nos. 2, 4, and 6), to the City Council I A ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 6, 1992 to Hold Office for a Period of Two Years; Designating Location of Polling Place; and Ordering Notices of Election to be Given as Prescribed by Law in Connection with Such Election. PAGE 7 MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Resolution 1078-2-92(R) as previously captioned. The motion carried. Resolution Appointing Election Officials for the May 2, 1992 City Council Election (Agenda Item IX -B) In accordance with the Texas Election Code, appointment of the election judge and alternate judge for the May 2, 1992 council election along with the rate of pay and the appointment of an early ballot board must be accomplished by the City Council. The following individuals have been contacted and will be able to work as election officials in the council election: Vickie Smith, Election Judge Darlene Ballinger, Alternate Election Judge Resolution No. 1079-2-92(R): AResolution of the City Council of the City of Allen, Collin County, Texas, Appointing the Election Officials for the May 2, 1992 City Council Election, Setting the Rete of Pay for the Election Officials, the Maximum Number of Election Clerks for the Polling Place, and Designation of the Absentee Ballot Board. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1079-2-92(R) as previously captioned. The motion carried. Consider Thursday, May 7, 1992, as the Canvass Date for the Date for the Ci�Council Election Election (Agenda Item IX -C) In accordance with the Allen City Charter and the Texas election laws, the canvass of the City Council election needs to be held on Thursday, May 7, 1992. That meeting shall include the canvass of election returns, resolution declaring the results of the election, administration of oaths -of -office, presentation of certificates of election and the election of Mayor Pro Tem. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Lilly, the Council voted seven (7) for and none (0) opposed to set the canvass of the City Council election for Thursday, May 7, 1992, at 7:00 p.m. in the City Council Chamber. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 6, 1992 Annual Crime Repor[ PAGE 8 (Agenda Item X) Richard Carroll, Chief of Police, reviewed 1991 statistics regarding crime in the City of Allen. Vehicle theft shows a 33% decrease over the previous year. However, calls for service have risen as well as vehicle burglaries, residential burglaries, and investigative activities in the Police Department. At this time, the Allen Police Department has been able to adequately respond to increased calls for service but have been unable to spend as much time on traffic and proactive patrol and lower level criminal cases are prioritized for investigations. There was on council action taken on this item. Quarterly Financial Report (Agenda Item XI) Charlotte Smith, Finance Director, reviewed the Quarterly Financial Report for the period ending December 31, 1991. The General Fund reflects revenues over expenditures of $1,057,470. Overall revenues collected as a percent of budget are 42.27$ and expenditures are 21.91$. Property taxes collected are 61.33% of budget with 23.95% of the budgeted sales tax collected. The Water and Sewer Fund has revenues of $700,949 and operating expenses of $667,650 for a net income of $33,299. There was no council action taken on this item. Approve Schedule for Proceeding on Matters Related to 1/2 Cent Sales Tax for Economic Development (Agenda Item XII) David Pitstick, Economic Development Coordinator, reviewed with the Council a schedule to organize and establish the Allen Alliance Economic Development Corporation. According to state law, the City Council is obligated to form an Independent Economic/ Industrial Development Corporation. Additionally, the law requires that the Council appoint a five member Board of Directors who will serve at the pleasure of the Council to reviewand consider purposes and uses of the revenue generated bythe 1/2 cent sales tax and carry out activities of the economic development corporation. After much discussion, it was concluded that 5:00 p.m., February 19, 1992 would be the deadline for receipt of applications. The Policy and Oversight Committee would be allotted the flexibility needed if they so chose to deal with additional applications received after that date. Applications will be available from the City Secretary's office. A public hearing is scheduled for Thursday, April 16, prior to the adoption of the Articles of Incorporation and Bylaws. This is not a state mandated public hearing but one that the City of Allen feels appropriate to allow citizens' comments. Staff will use several mechanisms to educate the public regarding the application process in the establishment of the Economic Development Corporation. I ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 6, 1992 PAGE 9 MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to adopt the schedule to organize and establish the Allen Alliance Economic Development Corporation as recommended by the Policy Oversight Committee but offering flexibility to the Policy Oversight Committee to be in the best public interest. The motion carried. Other Business: Lepslative Boundaries (Agenda Item XIII -A) Michael Stanger, Assistant to the City Manager, reviewed with the Council legislative districts serving Allen, Texas as of January 31, 1992. There was no action taken on this item. H.E.A.R.T.S. Pro Kram (Agenda Item XIII -B) The City Council has an invitation to an educational exercise called H. E. A. R. T. S. (the Homeless Experience and Resource Training Simulation). Calendar (Agenda Item XIII -C) Kevin Lilly reported that approximately $20,000 was raised from the Allen Chamber Banquet/Auction. It was reported that Sam Johnson will be having a town hall breakfast at the Allen Library Meeting Room, 9:00 a.m., February 29. Subcommittee Reports Finance/Administration: (Agenda Item XIII -D) • Discussions are being held regarding the 1990-1991 audit report. • Spring planning session • Car allowance • G. O. bonds/interest earned policy • Depository agreement Services: None ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 6, 1992 PAGE 10 Economic Committee: None Development Committee: P & Z ordinance review Comprehensive Plan update ( Staff to provide page numbers on itemized listing where changes have been made to the Comprehensive Plan update) Items of Interest (Agenda Item XIII -E) The workshop previously scheduled for this evening has been postponed to February 20 with Dan Almon in attendance. Executive Session (Agenda Item XIV) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section2(e), the Allen City Council convened into Executive Session at 10:20 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to a recently filed law suit. The Executive Session was adjourned at 11:40 p.m. Reconvene (Agenda Item XV) The Allen City Council reconvened into regular session at 11:40 p.m. on Thursday, February 6, 1992, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during the Executive Session. Adjourn (Agenda Item XVI) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:41 p.m., on Thursday, February 6, 1992. The motion carried. 11 ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 6, 1992 PAGE 11 These minutes approved on the 20th day of February , 1992. APPROVED: /CfarwL We Farmer, MAYOR ATTEST: J y Mo on, CITY SECRETARY