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HomeMy WebLinkAboutMin - City Council - 1993 - 12/16 - RegularALLEN CITY COUNCIL REGULAR MEETING DECEMBER 16, 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 6.40 p in. on Thursday, December 16, 1993, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item 11) The City Manager distributed information regarding possible individuals as candidates for the CIP program including their names, addresses and which quadrant they represent. Discussion was held regarding a recent TCI Cable outage and feedback from certain TCI Cable representatives. JoAnn Holtzclaw, TCI Cable, was contacted by Councilmembers regarding citizen's concerns regarding a recent cable outage. During a recent TRW open house, Van Skilling presented the City of Allen a $4,000 check to be used for the recreation center at Bethany Lakes and a $1,000 check was donated to the Allen Public Library ALLEN CITY COUNCIL WORKSHOP SESSION DECEMBER 16, 1993 PAGE 2 The Boards and Commission Chairs and Mayor meeting kick-off for the City communications program will be held on January 5, 1994. Reports will be given by each of the Chairpersons and Leadership Allen has been invited to observe the meeting portion dealing with the communications program. It was felt that this experience would contribute to their study program in a unique and meaningful way Discussion of Consent Agenda and Remdar Aeenda Items (Agenda Item III) There was no discussion regarding the Consent Agenda. Discussion was held regarding Agenda Item V, Council Committee Reports. Development Subcommittee reported that a name needed to be presented for a representative to the Appraisal Review Board by January Councilmembers were asked to submit a possible candidate for this position Mayor's Subcommittee reviewed the North Texas Municipal Water District membership process. The formal process would include the City writing a letter to the Board of Directors requesting membership, a response to this request from the Board of Directors, and a possible election to be conducted by the Texas National Resources Conservation Commission. This process may require a great deal of work in communicating the "pros" and "cons" for this membership to the citizens. Since there are certain specific questions that need to be answered prior to starting the political process, the City Manager was instructed to approach Carl Riehn with the North Texas Municipal Water District to have informal discussions prior to the City writing a letter to the Board of Directors Discussion was held regarding Agenda Item VI, Presentation of Employee Tenure Pins. Only a couple of employees will be present for the meeting this evening. Discussion was held regarding Agenda Item VII, Citizen's Comments There may be citizens here regarding TCI Cable during the Citizen's Comments portion of the meeting. A letter is being sent to TCI representatives in Allen regarding the fact that the City of Allen is intending to enforce the customer service regulations of the FCC. At the present time, it appears that the process the City is going through with the attorneys should be completed by May of 1994. We intend to plan a public meeting for citizens input prior to that date. Discussion was held regarding Agenda Item VIII, Presentation by John Rapier. John Rapier will be present to address the disposition of the estates of Minnie Rose Shelton and Viola Rose. Discussion was held regarding Agenda Item IX, Presentation by Unique Concepts in Batting Cages. According to our City Attorney, a clause in the bidding laws may deem it unnecessary to go out to bid on this particular item. The City Attorney felt it necessary for Council to include a right of first refusal, should request a short-term lease rather than a long-term contract, should be aware of the indemnity clause, and make sure the insurance is adequate. There is no recommendation from the Park Board or from the Subcommittee on this item at this time Discussion was held regarding Agenda Item X, Consider an Ordinance Requiring the Registration of Mechanical Contractors and Irrigators. This item is being reviewed due to the fact that the state now requires registration of mechanical contractors and irrigators. I C ALLEN CITY COUNCIL WORKSHOP SESSION DECEMBER 16, 1993 PAGE 3 Discussion was held regarding Agenda Item XI, Consider an Ordinance Amending the Uniform Building Code. This item is ready to be disposed of this evening Discussion was held regarding Agenda Item XII, Consider a Resolution Adopting a Plan of Service for Allen Public Library The Library Board is coming forward in recommendation of this item With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:25 p.m. on Thursday, December 16, 1993. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Fanner at 7:34 p in on Thursday, December 16, 1993 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IY) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councdmember Terrell, 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 Minutes of November 29, 1993, Joint Meeting of Allen City Council and AISD Board of Trustees. B. Approve Minutes of December 2, 1993, Regular Meeting. C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: Dynix, Inc For: Automated System Training Library Automation Interest Earned Bond Funds PeriodOctober 1993 2. Savoy Highway Supplies For: Purchase of one Barrel of Crack Seal for Railroad Crossing 1985 Street Bond Funds Period: December 8, 1993 3. Texas Contractors Supply For Purchase of Epoxy for Bethany Railroad Crossing 1985 Street Bond Funds Period: December 8, 1993 $ 31500 $ 199.10 $ 109 17 ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 16, 1993 PAGE 4 4. Pioneer Concrete of Texas, Inc. $6,11000 For: Purchase of 130 Yards of Concrete for Bethany Railroad Crossing 1985 Street Bond Funds Period: December 6, 1993 D. Tax Report E. Set January 6, 1994, as a Public Hearing on a Request to Amend Planned Development 12 with Site Plan Approval on Property Described as 1.8345 Acres of Land, Located South of FM 2170 and East of South Fountain Gate Drive. The motion carried End of Consent Aeenda Council Committee Reports (Agenda Item V) Development: L Services: Amendment to building codes CIP process Traffic light at Allen Drive Creek erosion problem BFI discussions Allen Recreational Facilities Unique Concepts in Batting Cages (UCBC) presentation Finance/Administration: Mayor's: F TCI Cable negotiations CIP public process Boards and Commission Chair meeting scheduled for January 5 ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 16, 1993 PAGE 5 Presentation of Employee Tenure Pins (Agenda Item VI) Mayor Farmer presented Certificates-of-Service and City Manager Jon McCarty presented tenure pins to the following City employees for their tenure with the City of Allen. All employees were not present but will be receiving their pins and certificates at another date. 10 YEAR Stephen D Leidy 5 YEAR Edith R. McMdlion Theresa B. Seale Kathleen B. VonMayr Citizen's Comments (Agenda Item VII) Sotoria Montanari and Mylissa Bottorff spoke before the Council on behalf of the Allen Environmental Action League (AEAL). Sotoria presented the Council with "Keep Texas Beautiful" signs which will be used at another official ceremony at a later date. The Allen Environmental Action League supports Council consideration of grass clipping ban. They would like to see that public awareness addressed and would be happy to assist the Council in the public awareness campaign. Due to certifications, Kevin Pierce is required to provide 50 hours of such service to the community and his services were offered. It was indicated that alternative methods of disposal must be provided to the citizens if grass clippings are banned. Presentation by John Rapier (Agenda Item VIII) Mr Rapier presented background information regarding Minnie Rose Shelton and Viola Rose who were born in the late 1800's and lived in the community for most of their lives. Upon their death, they requested a disposition of property to benefit the community that brought them a great deal of happiness throughout their lives Two checks were presented to the City of Allen in the amount of $40,000 a piece from each of the estates to benefit the following Allen Public Library — $50,000 Parks and Recreation children's playground — $20,000 City of Allen animal shelter — $10,000 The residuary will be shared by the Allen Independent School District and the Allen Fire Department Paramedics at a later date. The Allen City Council expressed their appreciation for the presentation and the monies will be used as designated by the late Viola Rose and Minnie Rose Shelton. ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 16, 1993 PAGE 6 Presentation by Unique Concepts in Battine Cates (Agenda Item IX) Randy Mayberry and James Genneken appeared before the Council with a request for consideration of batting cages for the Ford Park area. They indicated they felt there was a need for batting cages in the City of Allen and it would add additional recreation facilities at no cost to the City It would enhance the overall quality life and also have ancillary benefits. The method proposed is through a lease agreement whereby the City would provide land, utilities and other cooperation. Mr. Mayberry showed the Council where this facility is being planned and indicated they would like to have it open by March 1 for the spring baseball season. Kyle Hope, 1409 Country Lane, Allen, Texas, spoke before the Council and indicated as the high school coach for baseball, he felt it would be an asset to the City and felt there was a real need for such a concept. Ross Oberrrieyer, Park Board representative, spoke before the Council and indicated that the Park Board looked at the concept, and they felt it was an appropriate use of the land but other issues certainly needed to be examined. The Services Subcommittee indicated that the concept has definite merit for the children in Allen, but the entire concept needed to be looked at including proper insurance, indemnifica- tion, and a shorter term lease. The Council agreed that they were in favor of the basic concept but would like to see additional information regarding the following: more specific benefits for the City needs to be laid out including financial costs and cost benefits to the City r what unpact "real or unforeseen' would it have on the neighborhood zoning and sign issues needed to be discussed review the direct cost relationship to the lease agreement definition of hours/month term length clarification on care of fields The contract needs to be good for both parties. The Park and Recreation Board was directed to move expeditiously on this item along with the Services Subcommittee This was an information item only and no action was taken on this item Due to audience interest and participation, Council moved to Agenda Item XII, Consider a Resolution Adopting Plan of Service for Allen Public Library, at this time. Consider a Resolution Adopting Plan of Service for Allen Public Library (Agenda Item XII) Barbara Buehler, Library Director, presented information regarding the background of the five- year plan of service. The Library Board spent the past year studying library services, community demographics and the planning process. Their general goal was to develop a plan for library services ALLEN CITY COUNCIL �j REGULAR SESSION ® DECEMBER 16, 1993 PAGE 7 that would give direction to staff. The Board has completed the five-year plan of service and feels that the community's priorities and needs can be better met with such a plan. Don Wilson, Chairman of the Library Board, expressed his gratification in the completion of this five-year plan of service. Resolution No. 1211-12-93(R): A Resolution of the City Council of the City of Allen, Texas, Adopting the Plan of Service, 1993-1998 for the Allen Public Library. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councdmember Bishop, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1211-12-93(R) as previously captioned. The motion carried. NOTE It was announced that at a recent TRW function, TRW representatives donated $4,000 to the Parks Department for the Recreation Center at Bethany Lakes and $1,000 to the Library Council took a brief recess f' Solid Waste Manaxement Status Renort (Agenda Item XIII) Michael Stanger, Assistant to the City Manager, spoke before the Council regarding the goals of the solid waste management program for the City of Allen Mr. Stanger introduced John Love and Randy Smith with BFI, Nancy Nevil, 200 Glenwick Place, Melissa Owen, 801 Sycamore Creek, citizens of Allen, Carlos Rovelo, with the City of Dallas, and Suzie Reyes, with the City of Arlington. Nancy Nevil, 200 Glenwick Place, Allen, Texas, spoke before the Council and expressed concern regarding the plan presented this evening. She indicated that the citizens will not be happy when they feel their service is being cut and she felt the rates presented by BFI were not negotiated properly Melissa Owen, 801 Sycamore Creek, Allen, Texas, expressed the need for the citizens to be educated on solid waste issues. Backyard composting is not a simple educational process. Time, money and effort needs to be set aside for education. Ron Sand, 214 Willow Creek, Allen, Texas, spoke before the Council and indicated that education is the answer to the solid waste issue. He is concerned about the reduced service but not a similar reduction in cost Suzie Reyes, with the City of Arlington, indicated that Arlington has been educating their citizens for approximately three years prior to the change in their solid waste system. The City of Arlington still has twice a week collection and collects leaves and brush at the curb when set out. They decided to use the "Don't Bag Itl" slogan and their total rate for trash pick-up is $10 52 including recycling. ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 16, 1993 PAGE 8 Carlos Rovelo, with the City of Dallas, indicated their monthly rate is $10.65 for twice a week garbage pick-up and once a month bulky object/brish/appliance pick-up. Dallas was the first major City in the nation to stop picking up grass clippings. Some illegal dumping has taken place but it is not a major problem for the City Mr. Rovelo indicated that the citizens need options such as drop-off sites, user fee for equity or backyard composting. The eventual goal of the Council is to move toward a system where you will pay for how much trash you generate. The Mayor and Council asked for a matrix showing the various services and costs of various surrounding cities. Council also requested more information regarding the following: offering options for grass, leaves and lunb pick-up once a week with the entire City paying the cost possible survey regarding grass clippings, brush and leaves with the cost spread evenly throughout the community or a specific user fee a user fee picked up on a weekly basis everybody pays in the City for once a month, twice a month, or a fee for use more than once a month There was no action taken on this item. This will return to Council in the future with an Ordinance and contract amendments Council took a brief recess. Consider an Ordinance Requiring the Registration of Mechanical Contractors and Irrigators (Agenda Item X) Bill Petty, Director of Community Development, indicated that most recently the State of Texas has undertaken the licensing of mechanical contractors as well as irrigators. Excluded under state law from licensing would be a homeowner who does his own work, but still must acquire a permit and stand subject to inspection prior to acceptance. Another change in the Ordinance would allow electrical licenses to expire one full year from date of issuance rather than all licenses expiring on December 31st of each year. Ordinance 1212-12-93: An Ordinance of the City of Allen, Collin County, Texas, Creating a Process for the Registration of Air Conditioning and Refrigera- tion Contractors and; Providing Rules and Regulations Pertaining to the Registration Process; and Further Creating a Process for the Registration of Irrigation Contractors; Providing Rules and Regulations Pertaining to the Registration Process and; Further Amending Chapter 4, Article II, Section 4-38(b), of the City of Allen Code of Ordinances, Relative to Expiration Dates of Electrical License; Providing a Severability Clause; Providing for a Penalty for the Violation of this Ordinance; Providing ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 16, 1993 PAGE 9 for Publication of the Caption Hereof; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Hamaer and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Ordinance No 1212-12-93 as previously captioned. The motion carried. Consider an Ordinance Amendine the Uniform Buildine Code (Agenda Item XI) Bill Petty, Director of Community Development, indicated that Code Enforcement, Fire Marshal, and officials with the Allen Independent School District (AISD) reviewed Group E Occupancies section of the budding code with two viewpoints in mind: (1) to insure the greatest level of safety for the occupants and (2) to examine cost-effective alternatives. The amendment to the local building code could allow an increase in area separation, provided that educational facilities are fully sprinklered and equipped with early warning devices for evacuation purposes. In addition, the amended Ordinance will address restroom requirements for workers on budding sites which is intended to respond to a series of complaints that have been received in the past Ordinance No. 1213-12-93: An Ordinance of the City of Allen, Collin County, Texas Amending Chapter 4, Article I, Section 4-5 "Amendments to Building aCodes" of the City of Allen Code of Ordinances by: Amending the Uniform Building Code as Follows: Section 503(D), Relative to Occupancy Separation Requirements in Educational Buildings, the Addition of a Footnote to Table 5-B, Amending Section 508, Relative to Substitution of an Automatic Sprinkler System for Certain Fire Resistive Building Elements in Educational Buildings, Amending Section 802(D), Relative to Vocational Shops, laboratories, Etc., in Educational Buildings, Amending Section 3318(E), Relative to Corridor Wall Construction in Education- al Buildings, Amending Section 4306(.)(5), Relative to Fire/Smoke Dampers in Educational Buildings and Further Amending Chapter 4, Article 1, Section 4-5, "Amendments to Building Codes" of the City of Allen Code of Ordinances by Creating a Requirement for Portable Restroom Facilities at Construction Sites; Providing a Severability Clause; Providing a Penalty for Violation of this Ordinance; Providing for Publi- cation of the Caption Hereof; and Providing for an Effective Date. 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 approve Ordinance No. 1213-12- 93 as previously captioned. The motion carried ALLEN CITY COUNCIL REGULAR SESSION DECEMBER 16, 1993 Other Business Calendar December 21 7.00 p.m Items of Interest There were no items of interest. Executive Session PAGE 10 (Agenda Item XIV) (Agenda Item XIV -A) Boards and Commission Appreciation Dinner (Agenda Item XIV -B) (Agenda Item XV) In accordance with The Texas Government Code, Personnel, Section 551.074, the Allen City Council convened into Executive Session at 11.29 p.m. in the Conference Room of the Allen Municipal Annex, One Buder Circle, Allen, Texas in order to discuss matters pertaining to CIP Committee appointments. The Executive Session was adjourned at 12:40 am Reconvene (Agenda Iter XVI) The Allen City Council reconvened into regular session at 12:41 a.m, on Friday, December 17, 1993, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. Adid'oura (Agenda Item XVII) MOTION: Upon a motion made by Coureilmember Bishop and seconded by Mayor Pro Tem Lilly. the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:42 a.m., on Friday, December 17, 1993. The motion carried. These minutes approved on the 6th day of January, 1994. APPROVED: Joe Earmeq MAYOR ATTEST: �' J y Mor ' on, CMC, CITY SECRETARY