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HomeMy WebLinkAboutMin - City Council - 1992 - 04/02 - RegularPresent: Joe Farmer, Mayor CouncHmembers: 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 (absent) 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 6:45 p.m. on Thursday, April 2, 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 the adoption of the Ordinance amending the speed zone on State Highway 5. City Manager Jon McCarty explained that at the Council's direction, Staff requested the State Department of Highways and Public Transportation to do a speed zone study of State Highway 5. The only change in the speed was the area immediately north and south of FM 2170. Although it is the desire of the Council that the speed limit be lowered from 40 mph, the state study concluded that it should be raised to 45 mph. Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. It was noted that representatives of Briar Ridge Investments were expected to be present in the audience and introduce themselves as new major land owners in west Allen. Mayor Farmer reviewed Agenda Item VII, Approve Resolution Requesting North Texas Municipal Water District to Implement Phase I of the Updated Plan for Upper East Fork Sewer Interceptor System. Staff commented that Carl Riehn, Executive Director of North Texas Municipal Water District (NTMWD), was scheduled to be present to speak to this issue. ALLEN CITY COUNCIL REGULAR MEETING APRIL 2, 1992 Present: Joe Farmer, Mayor CouncHmembers: 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 (absent) 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 6:45 p.m. on Thursday, April 2, 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 the adoption of the Ordinance amending the speed zone on State Highway 5. City Manager Jon McCarty explained that at the Council's direction, Staff requested the State Department of Highways and Public Transportation to do a speed zone study of State Highway 5. The only change in the speed was the area immediately north and south of FM 2170. Although it is the desire of the Council that the speed limit be lowered from 40 mph, the state study concluded that it should be raised to 45 mph. Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. It was noted that representatives of Briar Ridge Investments were expected to be present in the audience and introduce themselves as new major land owners in west Allen. Mayor Farmer reviewed Agenda Item VII, Approve Resolution Requesting North Texas Municipal Water District to Implement Phase I of the Updated Plan for Upper East Fork Sewer Interceptor System. Staff commented that Carl Riehn, Executive Director of North Texas Municipal Water District (NTMWD), was scheduled to be present to speak to this issue. ALLEN CITY COUNCIL WORKSHOP SESSION APRIL 2, 1992 PAGE 2 Mayor Farmer reviewed Agenda Item VIII, Adopt Ordinances Updating and Amending the Building and Fire Codes. It was explained that the adoption of the new codes were essentially aformality because the previous Ordinance had adopted the earlier codes to include all subsequent updates. The adoption of the new building and fire codes now was intended to save builders and architects time. Mayor Farmer reviewed Agenda Item IX, Approve Resolution Adopting an Emergency Operations Plan. The plan sets out the responsibilities of the City Council and the City departments in an emergency or disastrous situation. Mayor Farmer reviewed Agenda Item X, Consider Items Related to Parks and Recreation, Approve Funding Program for Parks Facilities and Adopt Ordinance Setting Fees for Parks and Recreation Programs. There was considerable discussion regarding funding programs for Parks facilities and setting fees for Parks and Recreation programs. Mayor Farmer asked if there were any questions concerning Agenda Item XI, Discuss Items Related to Spring Planning Session or Agenda Item XII, Other Business. There being none, he asked Jon McCarty, City Manager, if there were any other items of interest that needed to be addressed prior to adjourning the workshop. He reminded the Council that the proposals for bank depository agreement would be upcoming on the next Council agenda. He stated that state law requires a declaration by Councilmembers if they have a conflict of interest. He further asked Councilmembers to communicate with him so he could provide that information to the City Attorney so the City Attorney could properly advise them on their actions consistent with state law. Mr. McCarty also stated that Staff had been contacted by someone interested in using the old water tower. He stated that no money had been offered other than to remove the water tower at no cost to the City. Council briefly discussed this item and decided to discuss it again under Agenda Item XII, Other Business, Items of Interest, in the regular meeting. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:37 p.m. on Thursday, April 2, 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 7:45 p.m. on Thursday, April 2, 1992, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item V) Mayor Farmer asked if any item on the Consent Agenda needed to be removed. Councilmember Kevin Lilly asked that Item G, Adopt Ordinance Amending Speed Zone on State Highway 5, be removed and further that the remaining items on the Consent Agenda �^ be approved. MOTION: Upon a motion made by Councihnember Lilly and seconded by Mayor Pro Tem Edstrom, the Council voted (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: ALLEN CITY COUNCIL REGULAR SESSION APRIL 2, 1992 PAGE 3 A. Approval of City Council Minutes of Approve Minutes of March 19, 1992, Regular Meeting, 1991 - Regular Session. B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Harte Hanks Community Newspaper $ 49.50 For: Advertising for the Environmental Assessment Period: Feb. 19 and Feb. 23, 1992 2. Alpha Testing, Inc. $248.50 For: Concrete Testing @ Bethany Lakes 1985 Park Bond Funds Period: March 1992 C. Acknowledge Resignations of Member of Library Board and Planning and Zoning Commission and Declare Vacancies on Respective Boards. Sharon Hamner, Library Board Judith Seale, Planning & Zoning Commission D. Approve Resolution Adopting a Water Conservation and Drought Contingency Program. Resolution No. 1092-4-92(R): A Resolution of the City Council of the City of Allen, Collin County, Texas Adopting the Allen Water Conservation and Drought Contingency Program. E. Authorize Negotiations on a Contract for Concessions in Allen Parks. F. Approve Low Bid and Authorize Contract for Mowing Services for Parks Department. Low Bid: Shades of Green, Inc. Budget: Not to exceed $24,000 The motion carried. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Bishop, the Council voted (7) for and none (0) opposed to have the Staff review the proposed speed zone Ordinance with the State Highway Department to determine if there are any other options other than raising the speed limit on State Highway 5 and report that information back to the Council. The motion carried. ! End of Consent Agenda ALLEN CITY COUNCIL REGULAR SESSION APRIL 2, 1992 Citizen's Comments PAGE 4 (Agenda Item VI) Mayor Farmer stated that he had received a Citizen's Comments card from Terry Haines, Jr., 2711 LBJ Freeway, Dallas, Texas 75234, of the Baldwin Company Realtors. Mr. Haines introduced John Lamonico, Greg Moseley, Richard Ferrer, Roy Wilshire and others presenting Briar Ridge Development. He stated that the company had acquired approximately 1800 acres of land in Allen, Texas, bordered by FM 2170 on the south, US 75 on the east, Alma Drive on the west and Rowlett Road on the north. Additionally, there was several hundred acres of land located immediately south of State Highway 121 and east of Custer Road. Mr. John Lamonico, representing the owners of the property, stated that they were very pleased to be owners of this property and that they were investors intending on selling the land at a future date and that they were not developers. He further stated that they intended to work with the home owners in the Raintree Subdivision so that the subdivision could be built out and also maintain the remainder of their property in a more acceptable manner. Mayor Farmer welcomed the group to Allen and stated that the Council was looking forward to working with them. Approve Resolution Requesting North Texas Municipal Water District to Implement Phase I of the Updated Plan for Upper Bast Fork Sewer Interceptor Svstem (Agenda Item VII) Mayor Farmer read the request into the record as follows: "Approve a Resolution requesting North Texas Municipal Water District implement Phase I of the updated plan for Upper East Fork Sewer Interceptor System." Mayor Farmer recognized Carl Riehn, Executive Director and General Manager of the North Texas Municipal Water District. Mr. Riehn, using maps, gave a historical background of the construction location of the Upper East Fork Interceptor System and why now, at the request of the cities of McKinney, Allen, Plano and Richardson, the district is planning to expand the system for the benefit of the cities. Resolution No. 1093-4-92(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Requesting the North Tease Municipal Water District to Implement Phase I of the Plan Update of the Upper East Fork Interceptor System. MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by Councilmember Christakos, the Council voted (7) for and none (0) opposed to approve Resolution No. 1093-4-92(R) as previously captioned. The motion carried. Mr. Riehn further stated that a number of questions had been raised by residents in Fairview regarding the application by the City of McKinney and the North Texas 11 0 ALLEN CITY COUNCIL REGULAR SESSION APRIL 2, 1992 PAGE 5 Municipal Water District to transfer the solid waste landfill permit, now with the City of McKinney, to the district. He stated that the opponents to the district receiving the permit had raised a number of questions and he provided the Council with a written version of the responses to the questions and issues raised in letters that he had received. Mr. Riehn then distributed the letters. Adopt Ordinances Updating and Amending the Building and Fire Codes (Agenda Item VIII) (Agenda Item VIII -A) Bill Petty, Director of Community Development, spoke to the issue and stated that updated codes actually allowed for less stringent building requirements in certain areas. The principle reason for updating the codes was to simplify the review by builders and architects. Ordinance No. 1094-4-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Section I of Ordinance No. 48, as Previously Amended, and Sections 4-3 and 4- 5, Article I, Chapter 4 of the Allen Code of Ordinances by: Adopting the Current Editions of the Uniform Building Code, National Electrical Code, Uniform Mechanical Code, and Uniform Plumbing Code, Including Future Amendments Thereto; Deleting the Cabo One and Two Family Dwelling Code of American Building Officials; Amending the Allen Electrical Code Attached as Exhibit "A- 1"; and Amending Section 2516, Table No. 32-A, Relative to the Repair of Existing Shake or Shingle Roofs; Providing a Severability Clause; Providing a Penalty for Violation of this Ordinance; Providing for Publication of the Caption Hereof; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Nichols, the Council voted (7) for and none (0) opposed to approve Ordinance No. 1094-4-92 as previously captioned. The motion carried. Fire Codes (Agenda Item VIII -B) Fire Chief Ron Gentry and Fire Marshal Craig Gillis presented this item to the Council. They briefly reviewed with the Council the variations between local code and the national code. 11 u ALLEN CITY COUNCIL REGULAR SESSION APRIL 2, 1992 Ordinance No. 1095-4-92: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 682-3-86 and Article II, Chapter 5 of the Allen Code of Ordinances; Adopting the 1991 Edition of the Uniform Fire Code and Uniform Fire Code Standards, Including Future Amendments Thereto; Prescribing Regulations Governing Conditions Hazardous to Life and Property From Fire or Explosion, Providing for the Issuance of Permits for Hazardous Uses or Operations, and Establishing a Bureau of Fire Prevention, Providing Officers Therefore and Defining Their Duties and Powers; Providing for the Amending of Said 1991 Uniform Fire Cede and Uniform Fire Code Standards with Certain Deletions, Amendments and/or Additions; Authorizing Suite for Injunctive Relief; Providing a Severability Clause; Providing a Penalty Clause; and Providing an Effective Date. PAGE 6 MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted (7) for and none (0) opposed to approve Ordinance No. 1095-4-92 as previously captioned. The motion carried. Approve Resolution Adopting an Emergency Operations Plan (Agenda Item DI) Craig Gillis, Fire Marshal, spoke to this item stating that new state and federal law required that the Emergency Operations Plan of the City be updated. That process had been completed as was a review of all of the annexes that are attached to the plan. Mr. Gillis stated that the intent of the plan was to guide the City's response to emergency conditions affecting the City. It specifies the actions of the Council and the individual departments in different types of emergencies that could occur in Allen. He stated that during the upcoming year there would be tests of the plan involving Staff and Council. Resolution No. 1096-4-92(R): AResolution of the City Council the City of Allen, Collin County, Texas, Adopting an Emergency Operations Plan for the City of Allen in Conformance with Politic Law 81-920 and 93- 288 and in Conformance with the Texas Disaster Act of 1975 and Ordinance 487-1-84 of the City of Allen. ALLEN CITY COUNCIL REGULAR SESSION Is APRIL 2, 1992 PAGE 7 MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Christakos, the Council voted (7) for and none (0) opposed to approve Resolution No. 1096-4-92(R) as previously captioned. The motion carried. Consider Items Related to Parks and Recreation (Agenda Item X) Approve Bid and Authorize Contract for Greasing of Bethany Lakes (Agenda Item X -A) Rhoda Savage, Director of Parks and Recreation, stated that this item included seed and sprigging of Buffalo grass in the new Bethany Lakes Park. MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by Councilmember Lilly, the Council voted (7) for and none (0) opposed to award the bid to Texas Environmental Management, Inc. and authorize City Manager to execute a contract for grassing of Bethany Lakes in an amount not to exceed $50,000. The motion carried. Approve Funding Program for Parks Facilities (Agenda Item X -B) Rhoda Savage, Director of Parks and Recreation, stated that at the request of the City Manager she had put together a list of capital items that, in her opinion, needed to be addressed in the parks. Those capital items were broken into three primary categories: (1) new facilities, (2) additions to existing parks, and (3) upgrades and maintenance to existing structures. The Council then proceeded to review the items individually and in detail. MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by Councilmember Terrell, the Council voted (7) for and none (0) opposed to approve the Staff recommendation regarding improvements to park facilities with the following exceptions -- consideration should be given to some minor renovations to be done to the clubhouse at Bethany Lakes; renovate the existing concession building at Bethany Lakes ballfield; remove Country Meadows from the list of projects and take this item to the Parks Board for their review and recommendation; Council authorize design of the approved improvements with the understanding that most of the individual items would be brought back to the Council for bidding. The motion carried. Adopt Ordinance Setting Fees for Parks and Recreation Programa (Agenda Item X-C) Rhoda Savage, Director of Parks and Recreation, explained the current fees and the proposed fees for these programs. Ordinance No. 1097-4-92: An Ordinance of the City Council, of the City of Allen, Collin County, Texas Amending Ordinance No. 951- 4-99 Fees for the Use of the Swimming Pool at Ford Park; Establishing Fees for other I ALLEN CITY COUNCIL REGULAR SESSION APRIL 2, 1992 PAGE 8 Recreation Programs and Facility Use; Providing for the Collection of Such Fees; and Providing for an Effective Date. MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by Councilmember Lilly, the Council voted (7) for and none (0) opposed to approve Ordinance No. 1097-4-92 as presented with the following amendments -- the charge for the light fee be made $6.00 per hour, the charge for renting the pavilion at Bethany Lakes is $50 with a $100 deposit, and the fees for "open gym" for 18 year olds and under be dropped, including resident and non-resident. The motion carried. Discuss Items Related to Spring Planning Session (Agenda Item XI) This item was intended to be an update and a discussion item but because of the late hour Mayor Farmer asked that it be postponed until the next meeting. Other Business: Calendar (Agenda Item XII -A) City Manager Jon McCarty reviewed the calendar with the Council particularly noting the April 10 and 11 Special Olympics activities, Early Voting on the state run-off races and Early Voting for the City Council election to begin on April 13. Subcommittee Reports (Agenda Item XII -B) There were no subcommittee reports. Items of Interest (Agenda Item XII -C) Jon McCarty, City Manager, brought up the issue of the water tower and Council asked that additional information be brought to them, specifically, if the company that bas expressed an interest in the tower is offering any compensation to the City. Secondly, if the City keeps the tower, what would be the cost of maintaining it? Councilmember Christakos asked about the possibility of a banner being erected at US 75 and McDermott Drive welcoming all of the participants at the Special Olympics. Adioura (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Terrell and seconded by Councilmember Nichols, the Council voted (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:15 a.m., on Friday, April 3, 1992. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION APRIL 2, 1992 PAGE 9 These minutes approved on the 16th day of April , 1992. ATTEST: t _ �.4'tJI�.Q�d'3'" CI'. Y SECRETARY I APPROVED: J60 Farmer, MAYOR