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HomeMy WebLinkAboutMin - City Council - 1993 - 05/20 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1993 Present: Joe Farmer, Mayor Councilmembers• Kevin Lilly, Mayor Pro Tem Mickey Christakos (Absent) David Bishop Mike Nichols Steve Terrell Sharon Hamner Cit ff: 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 6:21 p.m, on Thursday, May 20, 1993, in the Lunch Room of the Allen Municipal Amex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item ID City Manager Jon McCarty indicated that he would be presenting a plaque -of -appreciation to Dave Whitehead, Public Works Director, who would be leaving after Friday, May 21. The City organization aided in Wylie's assistance after the tornado in several different ways. Reserves and a fire apparatus responded to traffic control, the Parks Department took chain saws and cleared different locations, and the front-end loader from Public Works aided in pushing trash and piles for chipping. The City Manager in Wylie indicated that they may need assistance in the near future with code enforcement due to an increased number of building permits that their City would probably not be able to handle. The Mayor requested that a letter be penned from the Mayor and Council to Staff thanking them for their assistance in this time of need. Sam Satterwhite, Economic Development Administrative Assistant, will be presenting a report on the tax burden of various cities throughout the state during the regular meeting under "Other Business." ALLEN CITY COUNCIL WORKSHOP SESSION MAY 20, 1993 PAGE 2 Discussion was held regarding a rash of accidents involving children and vehicles. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item III) There was no discussion on the Consent Agenda. There were no Council Committee reports. Discussion was held regarding Agenda Item VI, Cititzen's Comments. It was felt Jim Harper would appear regarding the speed zone ordinance on the agenda this evening. Discussion was held regarding Agenda Item VII, Quarterly Financial Report. The Financial Report looks very good at this time. Discussion was held regarding Agenda Item VIII, Public Hearing on TU Electric Rate Increase and Consider an Ordinance Effecting that Change. Councilmember Mike Nichols filed a "Conflict of Interest Statement" with City Secretary Judy Morrison regarding this topic and will be stepping down from the bench during discussions on this item. Discussion was held regarding Agenda Item IX, Tabled Item: Consider Recommendation from Planning and Zoning Commission to Adopt a Resolution Finding "Outdoor Produce Market," with Definition, as a New and Unlisted Use and Designate Appropriate Zoning Districts. A question was raised regarding the EPA (Environmental Protection Agency) regulations that may be affecting the move of the requestor to Allen from Richardson. Discussion was held regarding Agenda Item X, Consider Actions Related to the ASAP Program. The Council is being asked to take action to relieve their specific responsibilities on ASAP in the same manner that they accepted those responsibilities when ASAP was set up. Discussion was held regarding Agenda Item XI, Award Bid for Texet Sanitary Sewer Improvements. Due to references, Dave Whitehead, Public Works Director, is recommending that the "best" bid rather than the "low" bid be accepted for the Texas Sanitary Sewer Improvements. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:35 p.m. on Thursday, May 20, 1993. REGULAR SESSION - 7:30 P.M. Councilmember Mickey Christakos notified Council she would not be able to attend the Council meeting this evening or the CLIP meetings because she would be out of town. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: ALLEN CrrY COUNCIL REGULAR MEETING MAY 20, 1993 PAGE 3 A. Approve Minutes of Special Called and Regular Meeting of May 6, 1993 B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Loftland Steel $ 1,606.41 For: Purchase of Materials to Rebuild Road after Crossing Removal 1985 Street Bond Funds Period: May 5, 1993 2. Gohmann Asphalt $ 584.25 For: Purchase of Cold Mix for Railroad Repair 1985 Street Bond Funds Period: April 26 through April 28 3. Bartel Trucking, Inc. $ 1,683.00 For: Hauling for Railroad Crossing 1985 Street Bond Funds Period: May 5, 1993 4. Loftland Company $ 455.71 For: Purchase of Reba for Repairing Street by Railroad Crossing 1985 Street Bond Funds Period: May 10, 1993 5. SVA Concrete Co., Inc. $21,866.00 For: Installation of Parking Lot City Hall Street Bond Interest Earned Period: Thru May 10, 1993 6. Industrial International, Inc. $ 97.80 For: City Hall Puking Lot 12" ADS Pipe for Drainage Street Bond Interest Earned Period: May 3, 1993 7. Pioneer Concrete $ 5,252.00 For: Purchase of 101 Yards of PSI, 7 Sack Concrete for Railroad Crossing 1985 Street Bond Funds Period: May 4, 1993 Ct PAGE 4 Pioneer Concrete $15,600.00 For: Purchase of 300 Yards of PSI, 7 Sack Concrete for Railroad Crossing 1985 Street Bond Funds Period: May 5, 1993 Frank Bartel Trucking, Inc. $ 808.50 For: Truck Hauling Railroad Crossing 1985 Street Bond Funds Period: May 16, 1993 10. Gohmarm Asphalt $ 40.10 For: 1.98 Tons Asphalt Railroad Crossing 1985 Street Bond Funds Period: Thru May 6, 1993 11. Gohmann Asphalt $ 40.91 For: 1.02 Tons Asphalt Railroad Crossing 1985 Street Bond Funds Period: May 10, 1993 C. Tax Report D. Approve Resolution Authorizing an Adjustment and Refund to the 1992 Tax Roll. Resolution No. 1176.5-93(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment and Refund to the 1992 Tax Roll. E. Adopt an Ordinance Amending the Speed Zones on SH 5. Ordinance No. 1177-5-93: An Ordinance of the City of Allen, Texas, Amending Section 1-40 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as Previously Amended by Ordinance Nos. 309,482-12-83, 724-8-86, 859-6-88, 962-12-89, 1014-1-91 and 1053-10-91, and Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135 of the Allen Code of Ordinances; Altering the Prima Facie Speed Limits Established for Vehicles Under the Provisions of Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, Upon State Highway 5, or Parts Thereof, Within the Corporate Limits of the City of Allen, as set out in this Ordinance; and Providing Penalty Clauses, Severability Clauses and an Effective Date. ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1993 Ct PAGE 4 Pioneer Concrete $15,600.00 For: Purchase of 300 Yards of PSI, 7 Sack Concrete for Railroad Crossing 1985 Street Bond Funds Period: May 5, 1993 Frank Bartel Trucking, Inc. $ 808.50 For: Truck Hauling Railroad Crossing 1985 Street Bond Funds Period: May 16, 1993 10. Gohmarm Asphalt $ 40.10 For: 1.98 Tons Asphalt Railroad Crossing 1985 Street Bond Funds Period: Thru May 6, 1993 11. Gohmann Asphalt $ 40.91 For: 1.02 Tons Asphalt Railroad Crossing 1985 Street Bond Funds Period: May 10, 1993 C. Tax Report D. Approve Resolution Authorizing an Adjustment and Refund to the 1992 Tax Roll. Resolution No. 1176.5-93(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment and Refund to the 1992 Tax Roll. E. Adopt an Ordinance Amending the Speed Zones on SH 5. Ordinance No. 1177-5-93: An Ordinance of the City of Allen, Texas, Amending Section 1-40 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as Previously Amended by Ordinance Nos. 309,482-12-83, 724-8-86, 859-6-88, 962-12-89, 1014-1-91 and 1053-10-91, and Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135 of the Allen Code of Ordinances; Altering the Prima Facie Speed Limits Established for Vehicles Under the Provisions of Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, Upon State Highway 5, or Parts Thereof, Within the Corporate Limits of the City of Allen, as set out in this Ordinance; and Providing Penalty Clauses, Severability Clauses and an Effective Date. ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1993 PAGE 5 Consider an Ordinance Dealing with the General Enforcement Authority of Municipalities as Noted in the Local Government Code. Ordinance No. 1178-5-93: An Ordinance of the City of Allen, Collin County, Texas, Amending Section 5.05, "Penalty," of Article V, "Enforcement," of Comprehensive Zoning Ordinance No. 829-11-87 by Providing for a Penalty Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; and Providing for an Effective Date. G. Approve the 1993-94 Fiscal Year Budget Calendar. H. Amend Chapter 8 of the City of Allen Persomel Policies and Procedures Manual Adding a Section on "Out of Class Pay." Resolution No. 1179-5-93(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Amending the Previously Adopted Personnel Policies and Procedures Manual by Adding a Section Titled "Out of Class Pay " I. Authorize Bidding Process for Mowing of Allen Heights, Bethany Road and McDermott Drive. Council approved specifications and authorized Staff to advertise and solicit bids for mowing contracts on McDermott Drive, Allen Heights Median, Bethany Median and the Allen City Cemetery with an authorized budget of $24,000. The motion carried. End of Consent Aeenda Council Committee Reoorts Finance/Administration: FCC recommendation of certification of regulatory authority Services: Development: Job satisfaction survey Property Maintenance Code Storm Water Utility Budget Mayor's: CIIP format City assistance in Wylie disaster (Agenda Item V) ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1993 Snecial Presentation PAGE 6 City Manager Jon McCarty presented Dave Whitehead, Public Works Director, a plaqueof-appreciation for his service with the City indicating he has been an asset not only to the City of Allen, but also to the Public Works Department. He has shown that he was able to get the work done, gain the respect of people in his department and had a definite high energy level. He has been a great teacher to the Councilmembers and will be missed in the City of Allen. Citizen's Comments (Agenda Item VI) Jim Harper, 501 South Greenville Avenue, spoke before the Council regarding his concern with the increased speed limit on SH 5. Rod Parr, 914 Wandering Way, spoke before the Council regarding the following: broken down fences allowing dogs to bite children need for enhanced police patrol need for extended school zones concern regarding City vehicles "not at work" BFI not doing their job Quarterly Financial Report (Agenda Item VII) Charlotte Smith, Finance Director, presented the Quarterly Financial Report for the period ending March 31, 1993. The General Fund reflects revenues over expenditures of $1,430,088. The Water and Sewer Fund has revenues of $1,745,971 and operating expenses of $1,505,975 for a net operating income of $239,996. Solid Waste Revenues are $437,939 or 49.95% of budget. Economic Development Corporation has revenues of $297,863 or 54.22% of budget. Staff and Finance Department were commended for their hard work and effort in keeping the budget in such good shape. There was no action taken on this item. Public Hearing on TU Electric Rale Increase Request and Consider an Ordinance Effecting that Change (Agenda Item VIII) Councilmember Mike Nichols filed a "Conflict of Interest Statement" with the City Secretary and excused himself from the Council bench at this time. City Manager Jon McCarty reviewed the TU Electric rate case with the Council. The City Council adopted a Resolution in February which suspended for a period of ninety (90) days a rate increase by TU Electric. That suspension period expires on May 27 Joe Bilbo, Manager of TU Electric, discussed the reasons for the rate increase request and gave some background information on the item. A ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1993 PAGE 7 Mayor Farmer read the request into the records as follows: "Public Hearing on TU Electric Rate Increase Request and Consider an Ordinance Effecting that Change." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Rod Parr, 914 Wandering Way, spoke before the Council in opposition to the rate increase request. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Council discussed the variations of Ordinances and exactly what the adoption of each Ordinance would reflect for the City of Allen. Basically, the same net effect would go into place whichever Ordinance was passed. Although TU Electric has published only the legally required notices in the newspaper, they were asked to educate the public through articles in the Allen American to explain why the request was necessary. Ordinance No. 1180.5-93: An Ordinance of the City of Allen, Collin County, Texas, Denying a Rate Increase Requested by Texas Utilities Electric Company Within the City of Allen, Texas; and Providing for Conditions, Severability, and Repeal of Conflicting Ordinances. MOTION: Councilmember Mike Nichols did not vote due to the "Conflict of Interest Statement" he had filed with the City Secretary Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the Council voted five (5) for and none (0) opposed to approve Ordinance No. 1180-5-93 as previously captioned. The motion carried. Tabled Item: Consider Recommendation from Planning and Zoning Commission to Adopt a Resolution Finding "Outdoor Produce Market," with Definition, as a New and Unlisted Use and Designation Appropriate Zoning Districts (Agenda Item 17f) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to remove this item from the table. The motion carried. Discussion was held regarding the addition of restrictions per Planning and Zoning's recommendation. Resolution No. 1181-5-93(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Finding that an Outdoor Produce Markel is a New and Unlisted Use; Providing a Definition; and Declaring the Appropriate Districts for Such Use. I A ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1993 PAGE 8 MOTION: A motion was made by Councilmember Hamner to amend Resolution No. 1181-5-93(R) to amend the motion to exclude "Corridor Commercial and to include the Central Business District (CBD)." The motion died due to lack of a second. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to approve Resolution No. 1181-5-93(R) as previously captioned in accordance with Planning and Zoning recommendation with the additional wording to Section 1 to state: "5) outdoor products shall be displayed only under a permanent, approved, roof structure, conforming with the City's building codes, during the hours of operation." and Section 3 to state: "The City Council finds this use shall be allowed by Specific Use permit in the Central Business District (CBD), and by right in the following districts: Shopping Center, Light Commercial, General Business, Corridor Commercial, Planned Development." The motion carried. Consider Actions Related to the ASAP Program (Agenda Item X) In February, 1988, the Allen City Council took action to authorize participation in the Allen Substance Abuse Task Force Program. When the program was organized, everyone acknowledged that substance abuse prevention is a community issue as opposed to only a school -related issue. However, after re-evaluation, it was concluded that there was a dearth of what could reasonably be called "community wide" programming. As a result the AISD Board of Trustees took action regarding their increased participation in the program. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Hamner, the Council voted sic (6) for and none (0) opposed to declare that Substance Abuse Prevention continues to be an important goal but the primary thrust of ASAP should be through the school district to include day -today program supervision and management; the City Council will continue to support community wide programming aimed at substance abuse prevention and intends to commit the budgeting of funds for that purpose; the effective date of this change in the administration of the program from the City to the school district will take place on September 1, 1993; and City Staff is to work with AISD between now and September 1, 1993 to insure an orderly transition of the program including current personnel, equipment and supplies, in accordance with Services Subcommittee recommendation. The motion carried. Award Bid for Texet Sanitary Sewer Improvement (Agenda Item RI) Dave Whitehead, Public Works Director, reviewed the bids received for the Texet Sanitary Sewer Improvements which would eliminate two (2) lift stations. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Hamner, the Council voted six (6) for and none (0) opposed to award the best bid to Moss Construction Company, authorize the City Manager to enter into a contract with Moss Construction Company, and set the budget for $130,000 including $3,382 contingency with funds to be allocated from the Water and Sewer Operating Budget. The motion carried. I A R ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1993 Other Business Calendar May 25 7:00 p.m. May 27 7:00 p.m. Legislative Report CUP - Vaughan Elementary CUP - Rountree Elementary PAGE 9 (Agenda Item XII) (Agenda Item XH-A) (Agenda Item XD -B) Michael Stanger, Assistant to the City Manager, reviewed recent legislation with the Council including bank depositories, bond anticipation notes, and projects under $20,000 not requiring engineers. Items of Interest (Agenda Item )0I -C) Sam Satterwhite, Economic Development Administrative Assistant, reviewed with the Council a comparison of taxation figures in Texas. NTCOG General Assembly Meeting (Agenda Item XII -D) Council was asked to notify City Manager Ion McCarty if they were interested in attending the 27th General Assembly Meeting. Executive Session (Agenda Item XIII) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(g) and 2(r), the Allen City Council convened into Executive Session at 9:52 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to the Employee Consideration Report. The Executive Session was adjourned at 11:44 p.m. Reconvene (Agenda Item XIV) The Allen City Council reconvened into regular session at 11:45 p.m. on Thursday, May 20, 1993, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. A ' ur (Agenda Item XV) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:46 p.m., on Thursday, May 20, 1993. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1993 PAGE 10 These minutes approved on the 3rd day of June , 1993. APPROVED: 11 oe Farmer, MAYOR ATTEST: dy MoUison, CITY SECRETARY I