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HomeMy WebLinkAboutMin - City Council - 1992 - 04/16 - 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 6:53 p.m. on Thursday, April 16, 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 zoning on 10.193 acres of land on the corner of Exchange Parkway and Malone Road. Discussion was also held regarding the specifications for the pavilion of Bethany Lakes. This pavilion is not the same design that was originally brought forward to the Council. The square footage has been increased; however, the number of picnic tables will remain the same. The pavilion will remain the same basic style. However, the construction and materials will be separate items. Installation will run approximately $6,000. A word of caution was submitted regarding the painting of the galvanized steel. Mayor Pro Tem Edstrom is to review the painting specification on the galvanized steel in order to assure that it will be done properly. The estimated cost for materials should not exceed $18,000. A question was raised regarding the wording of the Personnel Policies and Procedures Manual issue of the Drug -Free Workplace Act. The Drug -Free Workplace Act requires the inclusion of a statement that is not now present in the City's Personnel Policies and Procedures Manual. That wording is as follows: "The City of Allen, in compliance with the Drug -Free Workplace Act, requires that any employee who is convicted of a drug ALLEN CITY COUNCIL !1 REGULAR MEETING APRIL 16, 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 6:53 p.m. on Thursday, April 16, 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 zoning on 10.193 acres of land on the corner of Exchange Parkway and Malone Road. Discussion was also held regarding the specifications for the pavilion of Bethany Lakes. This pavilion is not the same design that was originally brought forward to the Council. The square footage has been increased; however, the number of picnic tables will remain the same. The pavilion will remain the same basic style. However, the construction and materials will be separate items. Installation will run approximately $6,000. A word of caution was submitted regarding the painting of the galvanized steel. Mayor Pro Tem Edstrom is to review the painting specification on the galvanized steel in order to assure that it will be done properly. The estimated cost for materials should not exceed $18,000. A question was raised regarding the wording of the Personnel Policies and Procedures Manual issue of the Drug -Free Workplace Act. The Drug -Free Workplace Act requires the inclusion of a statement that is not now present in the City's Personnel Policies and Procedures Manual. That wording is as follows: "The City of Allen, in compliance with the Drug -Free Workplace Act, requires that any employee who is convicted of a drug ALLEN CITY COUNCIL WORKSHOP SESSION APRIL 16, 1992 PAGE 2 related offense, committed on the job, must report his or her conviction to their supervisor within five (5) days." Discussion was held regarding Agenda Item VI, Citizen's Comments. There may be individuals available at the meeting tonight to speak to the issues of solid waste and the stop light at Jupiter Road. Discussion was held regarding Agenda Item VII, Certificate of Appreciation Presented to City Council in Recognition of the Support Given to an Employee for his Military Service During the Desert Storm and Desert Shield Operations. The Certificate of Appreciation will be introduced by Bill Petty and will be presented by Mel Hilkemeier to the City Council. Discussion was held regarding Agenda Item VIII, Present Plaques -of -Appreciation to Outgoing Members of the Planning and Zoning Commission and Library Board. Both Judith Seale and Sharon Hamner will be present to receive their plaques -of -appreciation. Discussion was held regarding Agenda Item IX, Public Hearing on a Request by TaMolli's Mexican Restaurant Located at 602 East Main to Amend Special Use Permit by Changing and Expanding the Floor Plan and Consider an Ordinance Effecting this Change. The Public Hearing by TaMolli's is a noncontroversial request allowing TaMolli's to expand to provide another banquet room and a take-out area. Discussion was held regarding Agenda Item X, Discuss Items Related to Spring Planning Session. Chip and Diane Kerr will be present to discuss background issues for the Spring Planning Session with the City Council. Discussion was held regarding Agenda Item XI, Authorize Proceeding with Restructuring Existing Revenue Bond Indebtedness. There is no final decision tonight that needs to be taken regarding bond restructuring. Council will be asked to authorize Staff to proceed so that an official statement can be prepared and at a later date will be presented to Council prior to bond sales in the future. Dan Almon will be present to discuss the different scenarios and scheduling and discuss the difference between qualified and nonqualified bonds. Discussion was held regarding the timing of this item due to the credit worthiness of the City at this time. Discussion was held regarding Agenda Item XII, Consider Items Related to Solid Waste and Recycling, Ordinance Amending Solid Waste Ordinance and Resolution Authorizing Execution of Contract with BFI. A great deal of discussion was held regarding the rebate position of the City for those citizens participating in recycling. According to the Ordinance, a 25@ surcharge will be added per customer and will be rebated to only those who are recycling. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:34 p.m. on Thursday, April 16, 1992. I I ALLEN CITY COUNCIL WORKSHOP SESSION APRIL 16, 1992 REGULAR SESSION - 7:30 P.M. PAGE 3 With a quorum of the Councilmembers present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:41 p.m. on Thursday, April 16, 1992, 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 Councilmember Christakos and seconded by Councilmember Bishop, 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 B C D E. Approve Minutes of March 26, 1992, Joint Meeting of Allen City Council and Economic Development Board of Directors. Approve Minutes of March 30, 1992, Joint Meeting of Allen City Council and Allen Independent School District Board of Trustees. Approve Minutes of April 2, 1992, Regular Meeting. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. ASI Sign Systems For: Making of TPWD Signage required on site at Bethany Lakes. 1985 Park Bond Funds Period: April 8, 1992 2. Blair Graphics For: Reproduction of Special Use Facility Blue Lines. 1985 Park Bond Funds Period: April 8, 1992 3. Architectural Utilities, Inc. For: On-site construction - less 5% retainage Bethany Lakes. 1985 Park Bond Funds Period: March 31, 1992 $ 362.00 $ 196.90 $20,675.80 Set May 7, 1992, as Public Hearing Date on a Request to Amend Zoning on 10.193 Acres of Land from Multi -Family to Single -Family Residential, Located at Southwest Corner of Exchange Parkway and Malone Road. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1992 PAGE 4 F. Approve Specifications and Authorize Bidding on the Following Parks and Recreation Items. 1. Front Mounted Mower. 2. Spillways for Bethany Lakes. 3. Softball and Baseball Backstops. 4. Pavilion for Bethany Lakes. G. Amend Section 14.01 G of the Personnel Policies and Procedures Manual Regarding Drug -Free Workplace Act. "The City of Allen, in compliance with the Drug -Free Workplace Act, requires that any employee who is convicted of a drug related offense, committed on the job, must report his or her conviction to their supervisor within five (5) days." Citizen's Comments (Agenda Item VI) Cary Finch, 1111 Timberline Lane, spoke before the Council regarding the number of sports facilities available in the City of Allen, the maintenance of those facilities, and the planning for future facilities. Mr. Finch also expressed concern regarding personnel matters in the Parks and Recreation Department. The City Manager was instructed by Council to review this item and bring information back to the Council. LuAnn Jamieson, 601 Alder, spoke before the Council requesting afour-way stop sign at the corner of Alder Drive and Clover Drive. Certificate of Appreciation Presented to City Council in Recognition of the Support Given to an Employee for his Military Service During the Desert Storm and Desert Shield Operations (Agenda Item VII) Bill Petty, Director of Community Development, indicated that during the Desert Storml Desert Shield Operation, the City of Allen participated by the involvement of Mel Hilkemeier. After the successful operation, the Major General Commander of the 90th Arcom, Curtis B. Herbert, Jr., provided a Certificate of Appreciation to the City of Allen. Since Mel Hilkemeir participated in this event, he presented to the Allen City Council the Certificate of Appreciation which read as follows: I I 11 ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1992 PAGE 5 Presented to: City of Allen For support of your Citizen Soldier SSG MELVYN HILKEMEIER while mobilized with 413th Civil Affairs Co during the period 27 Dec 1990 through 23 Apr 1991 in support of Operation Desert Shield and Desert Storm. Your support and the sacrifice of your organization made a significant contribution to the overall success of the operation. The efforts of your organization are in keeping with the highest tradition of American Patriotism. Present Plaques -A -Appreciation to Outgoing Members of the Planning and Zoning Commission and Library Board (Agenda Item VIII) Plaques-of-Appreciationwere presentedby Mayor Farmertothe followingindividuals for their years of service and congratulated them and thanked them for their service to the City of Allen: Judith Seale Planning and Zoning Commission June 1991 - March 1992 Sharon Hamner Library Board June 1989 - March 1992 Public Hearing on a Request by TaMolli's Mexican Restaurant Located at 602 East Main to Amend Special Use Permit by Changing and Expanding the Floor Plan and Consider an Ordinance Effecting this Change (Agenda Item IX) Mayor Farmer read the request into the record as follows: "Public Hearing on a request by TaMolli's Mexican Restaurant located at 602 East Main to amend Special Use Permit by changing and expanding the floor plan and consider an Ordinance effecting this change." ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1992 PAGE 6 Bill Petty, Director of Community Development, indicated that TaMolli's Restaurant is in need of a larger banquet meeting room. They are requesting approval for a modification to their Special Use Permit for a restaurant/private club. Following are the findings of the Planning and Zoning Commission: The use is compatible to the existing one. The floor area ratios are satisfied. The building codes will be addressed during the permit process. The parking was addressed and adequate spaces are provided. 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. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1098-4-92 as previously captioned and in accordance with Planning and Zoning Commission recommendation. The motion carried. Discuss Items Related to Spring Plannina Session (Agenda Item R) Chip and Diane Kerr queried the Council on what they liked about last year's Spring Planning Session, what they would like to have changed this year, how the planning benefited them as Councilmembers, and how or what the facilitators can do to help improve this year's session. There was no action taken on this item. Council took a brief recess. the City of Allen, Collin County, Texas, Amending Ordinance No. 829-11-87, as Heretofore Amended, by Amending Ordinance No. 914-3-89 of the City of Allen, so as to Amend the Floor Plan and Site Plan of the j Existing Specific Use Permit for a Restaurant/Private Club at 602 E. Main Street; to Attach as Rahibits the Site Plan, Floor Plan; Presently Delineated on the Official Zoning Map as Shopping Center; Providing for a Penalty, providing for an Effective Date; and Providing for Publication of the Caption. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1098-4-92 as previously captioned and in accordance with Planning and Zoning Commission recommendation. The motion carried. Discuss Items Related to Spring Plannina Session (Agenda Item R) Chip and Diane Kerr queried the Council on what they liked about last year's Spring Planning Session, what they would like to have changed this year, how the planning benefited them as Councilmembers, and how or what the facilitators can do to help improve this year's session. There was no action taken on this item. Council took a brief recess. A I ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1992 PAGE 7 Authorize Proceeding with Restructuring Existing Revenue Bond Indebtedness (Agenda Item XI) Jon McCarty, City Manager, discussed the need to consider refunding of our General Obligation Debt by refunding existing revenue bonds. Those reasons include: 1. To re-establish credit worthiness of City of Allen revenue bonds within the investment community. 2. To remove onerous covenants from our bond ordinance; specifically to redo the coverage ratio from 1.2 to 1.1 and to change the fiscal year date. 3. Reduce debt service payments and capture savings from lower interest rates. Mr. McCarty introduced Dan Almon, Southwest Securities Incorporated, who discussed the background of bond ratings, restructurings, and qualified and non-qualified bonds. It is imperative that the City of Allen improve its rating so that investors will be able to purchase bonds at an appropriate rate. Due to certain changes with the North Texas Municipal Water District, Southwest Securities Incorporated would like to review the various scenarios with Staff and come back to Council focused on a specific scenario for the City of Allen. Although the City of Allen has made significant changes to create efficiency in the City by not raising water rates, but handling water loss and change out of water meters, several wet seasons have caused a financial hardship on the revenue bond for the City of Allen. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to authorize Staff to proceed with the restructuring of revenue bond indebtedness project with Southwest Securities Incorporated, Dan Almon with additional scenario information to be brought back to Council at a later date. Consider Items Related to Solid Waste and Recycling (Agenda Item XII) Ordinance Amending Solid Waste Ordinance (Agenda Item XII -A) Michael Stanger, Assistant to the City Manager, reviewed the Solid Waste Management vision that had been presented to Council at an earlier date. This vision contained seven elements: city leadership, local waste management plan, voluntary curbside recycling, privatized operations, enterprise fund, competitive rates and high quality service. Mr. Stanger reviewed several aspects of the contract, including the new section regarding recycling. Recycling trucks will run once each week and BFI employees will sort the materials which are placed in an 18 -gallon open top plastic bin. Residential recycling will be totally voluntary. Commercial recycling is a voluntary subscription service which should allow for a net savings or no net increase in their solid waste bill. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1992 PAGE 8 While the city pays BFI $1.75 per home for recycling, Staff has proposed in the contract a charge for $2 per home, per month in order to enhance the rebate available to recyclers. A great deal of discussion was held regarding the rebate process for the City of Allen. It was suggested that this item be reviewed in one year at which time the Council will make a decision whether to continue rebating to recyclers and charging the total community an extra 254 to do so. The Allen Environmental Action League conducted a recycling survey which was distributed to the Council and indicated a great deal of interest in recycling for the City of Allen. City Staff is hoping for a 40% participation which will in turn get a 10% reduction in solid waste to the landfill. This is only the beginning of reaching a possible state mandated guideline to be in effect in a few years. Ordinance No. 1099-4-92: An Ordinance of the City of Allen, Collin County, Texas, Amending the Solid Waste Ordinance No. 468- 10-83, of the City, Providing a Revised Schedule of Rates and Charges for Solid Waste Disposal and Collection, Providing a Schedule of Rates and Charges for On - Premises Recycling Services, Authorizing the City Manager to Provide Rebates to Utility Customers who Recycle, and Providing an Effective Date. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 1099-4-92 as previously captioned which amends the previous solid waste Ordinance, setting new rates for trash collection and recycling, in accordance with Services Subcommittee recommendation. The motion carried. Resolution Authorising Execution of Contract with BFI (Agenda Item XII -B) Resolution No. 1100-4-92(R): AResolution of the City the City of Allen, Collin County, Texas, Authorizing the City Manager to Execute a Contract Between the City and BFI Waste Systems of Piano, Texas for Solid Waste Collection and Recycles Services. �^ MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember f Christakos, the Council voted seven (7) for and none (0) opposed to approve ` Resolution No. 1100-4-92(R) authorizing the City Manager to execute a contract for trash collection and recycling services with BFI Waste Systems of ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1992 PAGE 9 Plano, Texas, allowing the City Manager the flexibility to enhance the contract according to City Council's wishes, in accordance with Services Subcommittee recommendation. The motion carried. Consider a Resolution Authorizing Execution of an Inter -Local Agreement for Library Automation with City of Plano (Agenda Item XIII) Barbara Buehler, Library Director, reviewed for the Council the Interlocal Agreement for library services with the City of Plano. The users of both library systems will receive decided benefits by the implementation of an Interlocal Agreement for shared library resources. Not only will they have access to a wider variety of resources, but they can also instantly know the location and status of those resources. The benefits to the Allen Public Library will include lower start-up costs, lower maintenance fees, fewer staffing resources necessary to operate the system, and a greater number of enhanced services available. The Council has authorized a budget of $122,000 of remaining bond funds and interest earned monies to automate the library. A one-time entry fee of $64,467 is to be paid to Plano plus the cost of purchasing Allen's on-site peripherals and documentation ($23,015) which totals $87,482. This leaves a balance of $34,518 to cover the costs of cabling the building, providing the telecommunications line between the libraries, purchasing furniture necessary to accommodate the public access terminals and first year maintenance fees. Resolution No. 1101-4-92(R): AResolution of the City Council of the City of Allen, Texas, Authorizing and Directing the City Manager to Enter into an Interlocal Agreement to Participate in a Cooperative Public Library Automation Project with the City of Plano, Texas. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve Resolution 1101-4-92(R) as previously captioned in accordance with Services Subcommittee, Finance/Administration Subcommittee and the Library Board recommendation. The motion carried. Award Bid and Authorize Contracting for Bank Depository (Agenda Item XIV) Prior to discussion of this item, Mayor Farmer and Councilmember Lilly stepped down due to a conflict of interest affidavit being signed be each of those members. Charlotte Smith, Finance Director, discussed the request for proposal for bank depository services. Proposals were received from First National Bank and Team Bank. Due to loss of interest on a $300,000 CD required by First National Bank, Staff recommended that Council award the bid for the depository contract to Team Bank. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1992 PAGE 10 Council held a great deal of discussion regarding this item and focused on doing business with a local bank owned by local citizens. Council was informed of stipulations in the law and Staff was asked to consult counsel regarding the wording of that particular law. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos, the Council voted zero (0) for and five (5) opposed to reject all bids for bank depository services for the City of Allen. The motion did not carry. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted five (5) for and none (0) opposed that the item to award bid and authorize contracting for a bank depository for the City of Allen be tabled until counsel is received from our attorney as to the legality and interpretation of state law. The motion carried. Authorize Eaecutiam of Contract for Engineering Services for Design of Traffic Light at Bethany and Jupiter Intersection (Agenda Item XV) Dave Whitehead, Director of Public Works, presented information to the Council regarding the traffic at the intersection of Jupiter Road and Bethany Road. A traffic study has confirmed that the level of traffic is sufficient to require signalization to improve the traffic carrying capability of that intersection. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to enter into a contract with Hunter Associates, Incorporated for $9,300 for the design of the signalization with the total budget of $120,000 to be set for the project. Furthermore, that upon completion of the design of the project, Staff be authorized to advertise and receive bids for the construction of the signalization with the final award of bids to be brought back to Council for approval. The motion carried. Consider Park Dedication Ordinance (Agenda Item XVI) Rhoda Savage, Director of Parks and Recreation, presented to Council the background and development of the mandatory park dedication ordinance. In determining the dedication requirements, the City has attempted to recover either an acceptable amount of land for use as a neighborhood park and/or receive funds necessary to purchase land needed for a neighborhood park during residential development. A formula has been developed for use in determining dedication requirements. By utilizing the formula, the developer is responsible for 75% of the cost for neighborhood parkland. 0 I I ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1992 Ordinance No. 1102-4-92: An Ordinance of the City of Allen, Collin County, Tena, Providing Requirements for Parkland Dedication; to Provide for Necessary Planning for Open Space Preservation and Park Development; Containing a Savings Clause; and Providing an Effective Date. PAGE 11 MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1102-4-92 as previously captioned in accordance with Parks and Recreation Board, Development Subcommittee and City Staff recommendations. The motion carried. Other Business: (Agenda Item XVII -A) City Secretary Judy Morrison reviewed the tentative calendar for activities related to the appointment process this spring. North Central Texas Council of Government& Board of Directors Nominations (Agenda Item XVII -B) Information was reviewed regarding North Central Texas Council of Governments election of officers and directors and a non -metro regional citizen representative. No one on Council was interested. Calendar There were no comments regarding the calendar. (Agenda Item XVII -C) Subcommittee Reports (Agenda Item XVII -D) There were no subcommittee reports. Items of Interest (Agenda Item XVII -E) The City was complimented on a successful Special Olympics that was held on April 10 and 11. Executive Session (Agenda Item XVIII) In accordance with Article 6252-17, V.A.T.C,S. (Open Meetings Law), Sections 2(g), the Allen City Council convened into Executive Session at 12:13 a.m. in the �I Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to part-time secretarial support. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1992 PAGE 12 The Executive Session was adjourned at 12:44 a.m. Reconvene (Agenda Item XIX) The Allen City Council reconvened into regular session at 12:45 a.m. on Friday, April 17, 1992, in the Council Chambers of the Allen Municipal Annex. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to hire part-time secretarial help for the Economic Development Department. The motion carried. Adjourn (Agenda Item XX) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Lilly, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:46 a.m., on Friday, April 17, 1992. The motion carried. These minutes approved on the 7th day ofd, 1992. ce Farmer, MAYOR ATTEST: dry Mofrison, CITY SECRETARY