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HomeMy WebLinkAboutMin - City Council - 1993 - 06/17 - Regularf ALLEN CITY COUNCIL REGULAR MEETING JUNE 17, 1993 Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols Steve Terrell (absent) Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary 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 6:23 p.m. on Thursday, June 17, 1993, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item II) Discussion was held regarding the recent TCI Cable news release indicating cable programming changes. It was uncertain who had been surveyed of the citizens of Allen and how it was conducted. More information regarding the reasonings behind the program changes will be sought out. It was announced that TRW will be having a picnic for their employees on June 25 on the TRW property and has invited the Council to this informal evening beginning at 5:30 p.m. In October there will be a planned, formal open house and ribbon cutting ceremony. The AISD has requested of the City of Allen a waiver of certain impact and inspection fees on the development and building of the new middle school. Discussion was held regarding the factors involved in the waiver of this fee. The City Manager will handle this issue as an administrative item. ALLEN CITY COUNCIL WORKSHOP SESSION JUNE 17, 1993 PAGE 2 Connie Gibney has contacted individuals regarding the possibility of the City of Allen dumping excavation materials from the sewer line placement new the post office to the alley along the railroad track right-of-way. This will be investigated. The City Manager indicated that the lot on Sandy Creek has been mowed and the City is in the process of obtaining ownership. Discussion of Consent Aeenda and Regulargenda Items (Agenda Item III) There was no discussion on the Consent Agenda items. Discussion was held regarding Agenda Item V, Council Committee Reports. Services Subcommittee will be presenting a public input statement for the development of the recreation center. Development Subcommittee has completed additional work and has items for distribution regarding the Property Maintenance Code. Finance Administration Subcommittee has been rescheduled. Mayor's Subcommittee requested information regarding Council's input on communications. Discussion was held regarding Agenda Item VI, Presentation of Employee Tenure Pins. City Manager Jon McCarty will present the tenure pins and the Mayor will present the Certificates -of -Appreciation. Discussion was held regarding Agenda Item VII, Citizen's Comments. There was no indication that any citizens would be present for tonight's meeting. Discussion was held regarding Agenda Item VBI, Public Hearing to Consider the Designation of a Reinvestment Zone in the City of Allen and Adopt an Ordinance Designating Industrial Reinvestment Zone No. 3. Discussion was held regarding the statement in the Ordinance designating ownership of property by members of various boards and commissions. It was felt that practically this Ordinance and contract dealt strictly with the Council and the School Board since they are delegated with final approval of both the Ordinance and the contract. There will be minor wording adjustments made during the regular meeting. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:25 p.m. on Thursday, June 17, 1993. REGULAR SESSION - 7:30 P.M. Councilmember Terrell notified the Mayor he would be on vacation this week. With a quorum of the Councilmembers present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:33 p.m. on Thursday, June 17, 1993 in the Council Chambers of the Allen Municipal Annex, One Butter Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, 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 CITY COUNCIL WORKSHOP SESSION JUNE 17, 1993 PAGE 3 A. Approve Minutes of June 3, 1993, Regular Meeting. B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Gay & McCall, Inc. $2,962.50 For: FM 2170East R.O.W. General Advise, Eminent Domain General Obligation Bond Funds Period: Thru June 6, 1993 2. Farris Concrete $ 454.50 For: Railroad Crossings Purchase 9 Yards of Concrete 1985 Street Bond Funds Period: June 8, 1993 3. Gohmam Asphalt $ 274.95 For: Railroad Crossings Purchase 14.10 Tons of Asphalt 1985 Street Bond Funds Period: May 19, 1993 4. Cummings & Pewitt, Inc. $ 579.50 For: FM 2170 Utility Relocations Engineering Printing, Reproduction and Deliveries 1985 Water and Sewer Bond Funds Period: May 31, 1993 5. Cummings & Pewitt, Inc. $6,782.75 For: Texet/US 75 Engineering, Printing, Reproduction and Deliveries 1985 Water and Sewer Bond Funds Period: May 31, 1993 6. Gohmam Asphalt $ 59.28 For: Railroad Crossings Purchase of 3.04 Tons of Asphalt 1985 Street Bond Funds Period: June 9, 1993 7 Acquisition Associates $5,480.61 For: FM 2170 East R.O.W. Acquisition on Parcels 2,5,7,12,18A, 18B, 19,21,22 1985 Street Bond Funds Period: To Date ALLEN CITY COUNCIL WORKSHOP SESSION JUNE 17, 1993 PAGE 4 8. Texas Environmental Management $4,036.90 For: Bethany Lakes Grassing 1985 Park Bond Funds Period: June 1993 C. Approve Revising Grass and Weed Ordinance. Ordinance No. 1182-6-93: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 438-5-83 and Article B, Chapter 6, of the Allen Code of Ordinances; Declaring it Unlawful to Allow Weeds and Grass to Grow to an Average Height in Excess of 12" Within the City; Declaring it Unlawful to Permit the Accumulation of Objectionable, Unsanitary or Unsightly Material on any Real Property; Providing for Certain Agricultural Exemptions from Height Restrictions; Providing for Abatement of Violations of this Ordinance; Providing for Special Expense Fees to Defer all Costs of Correcting the Condition of Properties in Violation of this Ordinance; Providing for a Penalty Clause; Authorizing Suits for Injunctive Relief; Providing a Severability Clause; and Providing for an Effective Date. D. Set July 1, 1993, as a Public Hearing Date to Consider Pro Rata Ordinance for Improvements in Buckingham Polo Club Estates. The motion carried. End or Consent Agenda Council Committee Reports Development: (Agenda Item V) ETJ considerations Property Code Maintenance * Ordinance draft distributed to Council for notations to be returned on July 1 Finance/Administration: Meeting has been rescheduled for Tuesday, lune 22 Mayor's: Municipal Messenger — additional topics from Council to be turned in to Judy Morrison by July 1 A ALLEN CITY COUNCIL REGULAR SESSION JUNE 17, 1993 PAGE 5 Presentation of Employee Tenure Pins (Agenda Item VI) Mayor Farmer presented Certificates -of -Appreciation and City Manager Jon McCarty presented tenure pins to the following City employees: 10 YEAR Michael Hagood - Fire Department Michael Such - Police Department 5 YEAR Alexis Marantos - Animal Control Jay Cofield - Data Processing Liz Shetterly - Allen Substance Abuse Prevention The following persons were not present at the meeting but will receive their Certificate -of -Appreciation and tenure pins at another date. 5 YEAR Darren L. Thomas - Fire Department Antis V. Jackson - Public Works Leslie Dennis Magar - Public Works Citizen's Comments (Agenda Item VII) Julie Gyger, 1215 Rainforest Lane, Allen, TX, spoke before the Council regarding the recent TCI Cablevision notification. She distributed information showing a comparison with a number of cable stations available in area cities. Susan Redmond, 556 Fisher Drive, Allen, TX, presented a can compactor to the Parks and Recreation Director to be used at Ford Pool. The Allen Environmental Action League presented Tom Keener, Community Development Coordinator, with the Environmentalist of the Year Award for his interest and contribution in writing the updated Comprehensive Plan focusing on creek preservation. ALLEN CITY COUNCIL REGULAR SESSION JUNE 17, 1993 PAGE 6 Public Hearing to Consider the Designation of a Reinvestment Zone in the City of Allen and Adopt an Ordinance Desianatine Industrial Reinvestment Zone No. 3 (Agenda Item VIII) Sam Satterwhite, Administrative Assistantfor Economic Development, spoke before the Council regarding the background and requirements for this public hearing to consider the designation of a Reinvestment Zone. Mayor Farmer read the request into the records as follows: "Public Hearing to Consider the Designation of a Reinvestment Zone in the City of Allen and Adopt an Ordinance Designating Industrial Reinvestment Zone No. 3." 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. Ordinance No. 1183-6-93: An Ordinance of the City of Allen, Collin County, Texas, Designating a Certain Area as an Industrial Reinvestment Zone; Providing for the Establishment of Agreements Within the Zone, and Other Matters Relating Thereto; Providing Findings of Fact; Providing a Severability Clause; and Providing an Effective Date for the Commencement of the Reinvestment Zone and this Ordinance. MOTION: A motion was made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop to approve Ordinance No. 1183-6-93 as previously captioned. No vote was taken on this motion. MOTION: A motion was made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, to amend Ordinance No. 1183-6x93, Section 1, Subsection (d), Subsection (3) to read "No part of the property in the Reinvestment Zone is owned or leased by a member of the governing body of the City of Allen." The Council voted six (6) for and none (0) opposed to approve the amendment to Ordinance No. 1183-6-93. The motion carried. MOTION: As earlier stated, 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 Ordinance No. 1183-6-93 as previously captioned with the additional amendment to Section 1, Subsection (d), Subsection (3). The motion carried. ALLEN CITY COUNCIL REGULAR SESSION JUNE 17, 1993 PAGE 7 Approve a Tax Abatement Agreement Between the City of Allen and Quest Medical, Inc. and Authorize Execution of the Contract (Agenda Item UK) David Pitstick, Director of Economic Development, delineated the process for the completion of the contract for the Reinvestment Zone. The contract calls for improvements from Quest Medical, Inc, of approximately $12 million. Quest Medical, Inc. must improve the property according to the contract at which time the City will enter into a tax abatement agreement over a six-year period. Resolution No. 11846-93(R1: A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing the Mayor of the CIty of Allen to Execute a Contract with Quest Medical, Inc. MOTION: A motion was made by Councilmember Nichols and seconded by Councilmember Bishop to approve Resolution No. 1184-6-93(R) as previously captioned. There was no vote on this Resolution, MOTION: A motion was made by Mayor Pro Tem Lilly and seconded by Councilmember Hamner to amend Section 17 of the Contract to read "Allen City Council and the Allen Independent School District Board of Trustees each represent and warrant that the premises do not include any property that is owned by an individual member of the City Council or the Board of Trustees approving or having responsibility for the approval of this agreement." The Council voted six (6) for and none (0) opposed to amend Section 17 of the Contract. The motion carried. MOTION: As previously moved, upon a motion made by Councilmember Nichols and seconded by Couneilmember Bishop, the Council voted six (6) for and none (0) opposed to approve Resolution No. 1184-6-93(R) as previously captioned with the amendment to Section 17 of the Contract. The motion carried. Consider Adopting a Resolution Amending the Collection Development Policy for the Allen Public Library (Agenda Item ?Q Library Director Barbara Buehler reviewed with the Council the background of the recent Collection Development Policy When the plan was adopted in May of 1990, there was no provision made for upholding intellectual freedom. The freedom to read is protected by the First Amendment to the Constitution. This freedom is held to be essential to our democracy and it is the essence of democracy that citizens have the right of free inquiry and equally important right of forming their own opinions. The Allen Library Board and the Services Subcommittee have reviewed the amendments to the original policy and feel this is appropriate for the City of Allen Public Library. ALLEN CITY COUNCIL REGULAR SESSION JUNE 17, 1993 PAGE 8 Resolution No. 1185-6-930111: A Resolution or the City Council of the City of Allen, Texas, Adopting an Amended Collection Development Policy for the Allen Public Library to Include Statements on Intellectual Freedom, and Providing an Effective Date. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve Resolution No. 1185-6-93(R) as previously captioned in accordance with the Allen Library Board and the Services Subcommittee recommendation. The motion carried. Council took a brief recess. Approve Public Input Process for the Bethany Lakes Primary Facility and Allen Recreation Center (Agenda Item XI) Rhoda Savage, Director of Parks and Recreation, distributed information regarding the public input process for the proposed programming of park facilities. This process was formulated by the Services Subcommittee (Councilmembers Bishop and Christakos), two Park Board members (Lonnie Thomas and Ross Obermeyer), the Parks and Recreation Director and architect Ron Hobbs. It was suggested that the survey instrument be "fine tuned" so that the results of a random sampling may be statistically valid. Certain target groups will be identified and encouraged to attend a public input workshop along with a random sampling component of active voters in the City of Allen who will be surveyed as well as invited to a workshop to finalize report findings. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve the public input process for the Bethany Lakes Primary Facility and Allen Recreation Center in accordance with the Park Board and Services Subcommittee recommendation and with additional "fine tuning" of the survey instrument and public input process as noted above. The motion carried. Other Business (Agenda Item XII) Central Appraisal District Budget (Agenda Item XII -A) The estimated share for the City of Allen proposed 1994 budget of the Central Appraisal Districtof Collin County will be $46,580. The payments will be due to the Central Appraisal District in equal quarterly installments on January 1, April 1, July 1, and October 1 of 1994. ALLEN CITY COUNCIL REGULAR SESSION JUNE 17, 1993 Calendar PAGE 9 (Agenda Item XII -B) City Secretary Judy Morrison reviewed information regarding the Forever Free Celebration to be held July 3, 1993 at Stonebridge Ranch. Council was informed that they will be receiving VIP invitations to the event. Legislative Report (Agenda Item XII -C) Michael Stanger, Assistant to the City Manager, reviewed statistical information regarding the recent legislative session. He also highlighted bills that were passed and will be producing further information in the future. Municipal Messenger Newsletter (Agenda Item XII -D) City Secretary Judy Morrison requested topics of interest for the upcoming Municipal Messenger. All topics need to be delivered to Judy Morrison by July 1 and article assignments will be made by July 15, 1993. Items of Interest (Agenda Item XII -E) City Secretary Judy Morrison requested registration information from the Council for "The Challenge of Change," the 28th Annual Institute of Association of Mayors, Councilmembers and City Managers to be held July 22-25, 1993 in Plano. Executive Session (Agenda Item XIIn In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(g), the Allen City Council convened into Executive Session at 9:47 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to appointments to City Boards. The Executive Session was adjourned at 11:25 p.m. Reconvene (Agenda Item )IV) The Allen City Council reconvened into regular session at 11.26 p.m. on Thursday, June 17, 1993, in the Council Chambers of the Allen Municipal Annex. The Interview Committee presented a slate of nominations for specific places on the City Boards: Expiration Plannine and Zoning Commission Place No. 2 - John Garcia 6/30/95 Place No. 4 Noel Crume 6/30/95 Place No. _ 6 Douglas Gallagher 6/30/95 ALLEN CITY COUNCIL REGULAR SESSION JUNE 17, 1993 Library Board Place No. I - Place No. 3 - Place No. 5 - Place No. 7 - Robert E. Flood Mary Walker Don Wilson Betty Matthews Development Impact Advisory Committee Developer/Builder Representative Mark Hicks PAGE 10 6/30/95 6/30/95 6/30/95 6/30/95 6/30/95 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 that the nominations cease and the slate of individuals previously nominated be appointed by acclamation to the designated places on the Planning and Zoning Commission, the Library Board and the Development Impact Advisory Committee. The motion carried. Adjourn (Agenda Item XV) MOTTON: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:27 p.m. on Thursday, June 17, 1993. The motion carried. These minutes approved on the is day of July—, 1993. APPROVED: ZO oe Farmer, MAYOR ATTEST: Jifiy M s� on, CMC, CITY SECRETARY