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HomeMy WebLinkAboutMin - City Council - 1993 - 02/04 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1993 Present Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:30 p.m. on Thursday, February 4, 1993, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Prior to discussing the Consent Agenda items, the Mayor reviewed for the Council the purpose of the revised meeting time and agenda. In the future, the Council will devote the first fifteen minutes of the meeting to discuss items of interest to the Council prior to discussing the actual agenda. A question was raised regarding the Allen Substance Abuse Prevention (ASAP) programming as it relates to the correlation between drug abuse and AIDS. The City Council intends to address this item prior to the hiring of an ASAP Coordinator in order to deal more fully with several of these social service items. The ASAP policy regarding program will be reviewed and reestablished if necessary ALLEN CITY COUNCIL WORKSHOP SESSION FEBRUARY 4, 1993 PAGE 2 Discussion was held regarding the Allen Sports Association (ASA) request for the use of the Bethany Lakes facility. It was concluded that the use of the building as an office would be a definite policy change and may not be appropriate use for the public facility. Rhoda Savage, Parks and Recreation Director, will be prepared to update the Services Subcommittee regarding the ASA request regarding the Bethany Lakes building. They will study the issue and present facts to the Council at an upcoming meeting. If ASA has general items of interest to present to Council, it would be appropriate for them to do so. However, it would not be appropriate for a request for sole use of the Bethany Lakes facility to come before Council. Bill Petty, Community Development Director, updated the Council regarding the west side development. There have been a number of compromises from both the developer and the City and this request has been running on schedule. However, due to the developer's request, the meetings will be suspended from two to four weeks at which time they will continue as scheduled. This would delay the 90 -day time limit appropriated by the ordinance set forth by Council by which all requests need to have a Planning and Zoning recommendation. Due to the fact that this is a developer's request, Council felt that the request was appropriate. Both parties will continue deliberation after that recess period. A letter will be presented to Council during an upcoming Council meeting. Discussion was held regarding the Consent Agenda. Contracts for the Municipal Judge and Alternate Judge have been prepared in order to meet IRS regulations regarding contract employees. iiilll Even though a contract is in place, the Charter allows for a public hearing if necessary disciplinary action needs to be taken. Discussion was held regarding Agenda Item VII, Council Committee Reports. Finance/Administration Subcommittee discussed certain developments regarding the Economic Development Board in a recent meeting with representatives from the central appraisal district. Discussion was held regarding Agenda Item X, Adopt an Ordinance Zoning 63.111 Acres of Land Located Adjacent and North of Chaparral and South of Clearlake Drive and Adjacent and West of Cottonwood Creek. The public hearing has already been held at a previous meeting and the action tonight, if Council so desires, would be to adopt the ordinance authorizing the zoning of this property. Although the public hearing has already been held, there will very likely be representatives from the citizen's group present at tonight's meeting. Discussion was held regarding Agenda Item XI, Accept the 1991-92 Financial Report. Charlotte Smith, Finance Director, will present to the Council a brief summary of the 1991-92 Financial Report. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:22 p.m. on Thursday, February 4, 1993. A I ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 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 7:32 p.m. on Thursday, February 4, 1993, 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 Nichols, 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 City Council Minutes of January 21, 1993, Regular Meeting. B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: ® 1. Cummings & Pewitt, Inc. $10,523.50 For: Engineering Services FM 2170 1985 Water and Sewer Bond Funds Period: December 31, 1992 2. Acquisition Associates $ 5,962.50 For: FM 2170 ROW East Acquisition on Parcels 2,4,6,10,11,14,15,18A, 1813,26,27,19 1985 Street Bond Funds Period: Thru February 3, 1993 C. Declare Certain Surplus Property in Library Department and Authorize its Sale. Card Catalog Furniture D. Authorize Execution of Contracts with Municipal Judge and Alternate Judge. For a period of two (2) years — January 7, 1993 through January 6, 1995 Municipal Court Judge — Linda Christiansen Alternate Municipal Court Judge — Cathy Haden I H ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 Council Committee Reports Development Subcommittee: The next meeting is scheduled for February 10. Services Subcommittee: The next meeting is scheduled for February 5. Finance/Administration Subcommittee: PAGE 4 (Agenda Item VII) The next meeting is scheduled for February 16 to discuss cable TV franchise and TU Electric rate requests. Mayor's Subcommittee: Municipal Messenger has been detailed Legislative trip to Austin itinerary Spring Planning elements Mayor Farmer expressed appreciation to the Council and Staff for their thoughts during this time of sorrow due to the death of his father-in-law. Mayor Farmer complimented the Police Department for the gentle manner in which they helped at this time of need and especially complimented employee Carl Osborn. Citizen's Comments (Agenda Item VIII) There were no citizen's comments. Authorize Execution of Adopt -a -Highway Contracts (Agenda Item M The Texas Department of Transportation initiated "Adopt -a -Highway" to combat roadside litter by employing the efforts of volunteers throughout Texas. The program offers private citizens the chance to actively support the department's litter prevention programs. Local groups "adopt" two-mile sections of highway which they agree to clean at least four times per year. At the end of each two-mile section, the department installs a sign crediting the adopting organization. Parks and Recreation Department coordinates the program for the City of Allen. The department provides each group with trash bags, reflective vests, signage and hauls away the trash after each cleanup. I ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 PAGE 5 Four groups were recognized for their participation in the program. Those being: The Environmental Action League -- SH 5 from Chaparral to FM 2170 Allen Riwanis Club -- McDermott Road from US 75 to SH 5 Scout Troop #328 -- SH 5 from FM 2170 to Stacy Road Church of Jesus Christ of Latter Day Saints (not present at tonight's meeting) -- south side of FM 2170 from Allen Heights Drive to Malone Road. The groups were complimented for their efforts in this program but were urged to be extremely careful and "safety -minded" while participating in this community service. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to authorize the Mayor to execute contracts for the Adopt -a -Highway program and recognize each group for their community service. The motion carried. Adopt an Ordinance Zoning 63.111 Acres of Land Located Adjacent and North of Chaparral and South of Clearlake Drive and Adiacent and West of Cottonwood Creek (Agenda Item X) Bill Petty, Community Development Director, reviewed the background of this zoning request by C. B. 4 Ltd. A public hearing was held on December 3, 1992, at which time the developer and citizens' group were instructed to consult with each other to determine a compromise position prior to returning to Council with a request. That has been accomplished and the basic changes from the Planning and Zoning Commission recommendation brought forth to Council include the following: 1. The original recommendation was for a maximum number of dwelling units of 230. The recommended low density was based upon 35% of the tract (1600 square foot minimum) and 65% at medium density (1400 square foot minimum). The compromise recommendation by the homeowner and developer reduces the maximum number of units from 230 to 206, with all lots being platted with 7,000 square foot minimum lot sizes and 1600 square foot minimum house sizes. 2. The 4 -acre pecan grove recommended for dedication to the City by the Park Board and the Planning and Zoning Commission is recommended by the homeowners and developer to be changed to allow the pecan grove within the residential yards, and the dedication to be changed to additional tree stands running north/south and immediately west of the floodplain area. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 PAGE 6 Additionally, the compromise group has recommended that homes backing up to the dedicated tree stands be allowed to develop without alley, and allow front entry drives with side or rear entry garages. A small number of the trees would be incorporated into the back yards of these lots. In addition, the compromise group has requested that at the time of development, a 4 -foot wrought iron fence be installed along the rear property line of these lots, and a rear yard building line established, keeping all main structures and accessory structures (pools, sheds, etc.) out of the rear yard defined by the building line. J. T. Duncan spoke before the Council and reviewed the site -plan showing the various stipulations of the compromises presented as an outcome of the meetings of the homeowners and the developer. The trees at the rear of the lots next to the flood plain will not be filled. It was concluded, and J. T. Duncan agreed, that a clause will be added to the deed restrictions prohibiting the building of a fence between the building line and the wrought iron fence that abut the flood plain. The pecan grove that will be used in home lots will not require deep cuts and therefore, should preserve a great number of the trees. The hike and bike trail will be the responsibility of the City to maintain. Kathy Forgey, 826 Clearlake, spoke before the Council and thanked the developers, the City Staff and the Council for all the cooperation during this process. She expressed her pleasure to be a resident in the City of Allen where City government really does care. Gary Stevens, 822 Deerlake Drive, expressed his pleasure with working with the group and indicated that he would like to see for every tree that is taken out, another tree would be planted of the same species. Roland Green, 826 Charter Oak, thanked the Council and Staff for their cooperation but expressed concern about the flood plain line since historically he has seen the area flooded back into the lot lines as presently designed. Arthur Turner, 829 Clearlake, spoke before the Council and indicated that he felt that the group came to a reasonable compromise and is not opposed to the development at this time. Council commended the citizens' group for their professionalism in presenting the facts to the Council, in being organized and focused and being willing to work with the developer and staff in order to reach a compromise on this particular development. A ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 PAGE 7 Ordinance No. 1153-2-93: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, so as to Establish Permanent Zoning, To Wit: Flood Plain/Planned Development -Residential No. 50 (FP/PD-R No. 50), on the Following -Described Tract of Land: Approximately 63.111 Acres of Land, More or Less, Out of the R. C. Whisenant Survey, Abstract No. 1012, Collin County, Texas; Providing for a Land Use Plan; Providing for Area and Use Regulations and Development Standards; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember ���Illttt Christakos, the Council voted seven (7) for and none (0) opposed to approve Ordinance 1153-2-93 as previously captioned in accordance with Planning and Zoning recommendation, and with the homeowners, Staff and developer compromised changes as previously noted. The motion carried. 1 Accent the 1991-92 Financial Report (Agenda Item XI) Charlotte Smith, Finance Director, presented the 1991-92 Financial Report to the Council. The City received an unqualified opinion as it has for the past several years. An unqualified opinion indicates the financial statements fairly present the financial position of the City. Although the City policy requires a 55-60 day reserve, the Financial Report indicates, in reality, the City had a 64.7 day reserve which transcribes to $78,000. The City Manager indicated that this 4.7 day reserve will be recommended to go into the vehicle replacement fund as a means of revenue for that funding. The Finance Director and Staff were congratulated for the excellent job that has been done throughout the year and for bringing all department numbers under budget. I I ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 PAGE S Consider Items Related to Calling the Election for Places 1 3 and 5 on the Allen City Council (Agenda Item XII) Resolution Ordering May 1, 1993, Election (Agenda Item XII -A) Judy Morrison, City Secretary, discussed with the Council the upcoming City Council election which will be held on May 1. She reviewed important calendar dates which were included on a 1993 election calendar in the packet. Resolution No. 1154-2-93(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Ordering an Election to be Held on May 1, 1993, for the Purpose of Electing Three (3) Members, (Place Nos. 1, 3, and 5), to the City Council 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. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1154-2-93(R) as previously captioned. The motion carried. Resolution Appointing Election Officials (Agenda Item XII -B) Judy Morrison, City Secretary, reviewed with the City Council the need to designate the election judges, the rate of pay, and the appointment of the Early Voting Ballot Board in resolution format. The election judge has been designated as Vicki Smith, 705 Spring Street, and the alternate election judge has been designated as Darlene Ballinger, 903 Pin Oak. Resolution No. 1155-2-93(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Appointing the Election Officials for the May 1, 1993 City Council Election, Setting the Rate of Pay for the Election Officials, the Maximum Number of Election Clerks for the Polling Place, and Designation of the Early Voting Ballot Board. I L�J l4 ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 PAGE 9 MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1155-2-93(R) as previously captioned. The motion carried. Set Thursday, May 6, 1993, as the Canvass Date for City Council Election (Agenda Item XII -C) In accordance with the Texas Election Laws and the Allen City Charter, Staff is recommending that the canvass of the election be held on Thursday, May 6. At that time, the canvass of the election returns, the resolution declaring the election results, the administration of oaths -of -office and certificates of election, and the election of the Mayor Pro Tem will take place. MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to set Thursday, May 6, 1993, at 7:00 p.m. as the canvass date for the May 1, 1993 City Council election. The motion carried. Annual Crime Report (Agenda Item XIII) Richard Carroll, Chief of Police, summarized the Annual Crime Report for the Council and correlated the Allen Crime Report with the Texas crime index. The calls for service during 1992 increased 9% although a 27% decrease was seen in major crime. It was felt that the following factors have contributed to the decrease in the major crime index: * Awareness and good crime prevention efforts by citizens. Our SCAN program has contributed greatly to this factor. * Burglar alarms in home have probably deterred many burglaries. * There seems to have been a downward trend in other cities but not to this degree. * Being able to fill vacant positions has added more visibility and more patrols. Although there was a 21 % increase in accidents, this may be attributable to the construction on US 75 and the congestion on Main and Greenville. Council congratulated Chief Carroll and the Police Department for the excellent work they have done in the past and are sure to continue to do in the future. There was no action taken on this item. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 PAGE 10 Authorize Purchase of a Truck for Parks and Recreation Department (Agenda Item XIV) A full-size pickup truck has been authorized by the Council in the Parks and Recreation budget for fiscal year 1992-93. The state contract is offering a vehicle with a base price of $10,293. Staff is requesting optional features of a heavy duty radiator for $685 and an extended warranty for $375 for a total of $11,353. Once the vehicle replacement fund is fully funded, this type of vehicle will be replaced out of the vehicle replacement fund. Council requested that a procedure be developed whereby Staff will not need to come back to Council after an item has been approved during the budget process if that item is within a certain dollar amount and is purchased off the state or other local contracts. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to authorize Staff to purchase a 1/2 ton extended cab Ford F-150 with a heavy duty radiator and an extended warranty off the state contract for $11,353. The motion carried. Accept Resignation and Declare Vacancy on Parks and Recreation Board (Agenda Item XV) Letters were received from Gordon McIntyre, Place No. 3, and Deby Chappell, Place No. 4, of the Allen Parks and Recreation Board designating their desire to resign their positions on that Board. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to accept the resignation of Gordon McIntyre, Place No. 3, and Deby Chappell, Place No. 4, from the Allen Parks and Recreation Board and declare vacancies for those places. The motion carried. Other Business (Agenda Item XVI) Calendar (Agenda Item XVI -A) There were no additions to the calendar. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 Spring Planning Session PAGE 11 (Agenda Item XVI -B) The Finance/Administration Subcommittee discussed several procedures relating to the Spring Planning Session. The Mayor's Subcommittee also reviewed some of the elements for the 1993 Spring Planning Session. Michael Stanger, Assistant to the City Manager, distributed information for Council review and discussion regarding approach for this year's session. It was agreed that Council would participate in developing the vision for the community (Item #4). It was felt, overall, the Council leadership training would not be necessary at this time (Item 5A). The open forum concept (Item 5C) was discussed and there were varying opinions on how this should be handled. It was agreed that these elements would be reviewed and would again be presented to the Council for further discussion at the next meeting. Legislative Program (Agenda Item XVI -C) Michael Stanger, Assistant to the City Manager, provided Council with TML Legislative Resolutions adopted at the annual conference with possible interest for the City of Allen. Mr. Stanger was requested to provide Council with full copies of several of the bills so that they would be fully prepared to discuss the high priority issues with the legislators during the legislative trip scheduled for Austin February 7-9. Items of Interest (Agenda Item XVI -D) There were no items of interest to the Council. Adiourn (Agenda Item XVII) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:00 p.m., on Thursday, February 4, 1993. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 4, 1993 PAGE 12 These minutes approved on the 18th day of FebruM , 1993. ATTEST: �}iL ff - on, CITY SECRETARY APPROVED: Joe Farmer, MAYOR