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HomeMy WebLinkAboutMin - City Council - 1994 - 02/03 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 3, 1994 Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols (absent) 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 6:24 p.m. on Thursday, February 3, 1994, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Oven Council Discussion (Agenda Item II) The City Manager informed the Council that the Woods Subdivision was again without water due to broken water lines. This has happened frequently in the past and although the subcontractor helps with the cost of the repair of the line, it has presented a real inconvenience to that location. The Special Olympics has requested a representative from the City Council on the Special Olympics Board. Councilmember Bishop and Councilmember Hamner volunteered to sit on this Board. The City Council will be experimenting with a new microphone system this evening. Lapel mikes will be used by the Mayor and Councilmember Hamner. The Allen American is preparing an article on historically underprivileged businesses in Collin County This article may or may not reflect the City in a favorable light. ALLEN CITY COUNCIL WORKSHOP SESSION FEBRUARY 3, 1994 PAGE 2 Mayor Pro Tem Lilly and Councilmember Hamner attended a meeting with the Texas Department of Transportation in Austin this week. The Dallas Regional Mobility Coalition presented to the Department additional funding requests for the Dallas area. If additional funds are granted to this region, US 75 will be set on a fast track from Bethany to SH 121. Council was invited to attend an "eighteenth birthday voter registration party" at the high school on February 14 at 9:00 a.m The purpose of this party is to register to vote all those individuals who turned eighteen throughout the year. Discussion was held regarding the City of Allen's possible membership with North Texas Municipal Water District. Since this action requires a vote of the people, the Mayor's Subcommittee did not wish to distract the voters at this time due to the fact that a bond election is upcoming. This membership will be discussed at a later date. The Development Subcommittee has selected Armstrong and Berger to develop concept plans for the City complex/Economic Development properties. After these plans are ready for view, the Development Subcommittee suggested that this topic might be presented during an Executive Session. Discussion was held regarding an offer by Glenn Hollmuller with Tottenham Hotspur Football Club to provide lighting of soccer fields at Twin Creeks Development. If there is not a neighborhood issue here, Council felt this offer needs to be pursued. Discussion of Consent Agenda and Ree alar Agenda Items (Agenda Item III) Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda Item IV, Consent Agenda, Item B, Approve Minutes of January 27, 1994, Capital Improvement Steering Committee Initial Meeting. Council questioned whether these minutes need to be on the Consent Agenda for Council approval. It was felt since the entire Council was invited and present, these needed to be a Council action item. Discussion was held regarding Agenda Item IV, Consent Agenda, Item D, Set February 17, 1994, as a Public Hearing Date of a Request to Amend Zoning on 135 Acre Tract Located South of FM 2170 West of US 74 and east of Watters Crossing. City Secretary Judy Morrison noted that the February 17 public hearing date did not allow sufficient notice time of the public hearing and needs to be moved to March 3. Discussion was held regarding Agenda Item IV, Item E, Approve Selling of Fire Apparatus by Fire Department. Discussion was held regarding the possible use of the old fire trucks for grass -type fires where the larger trucks would not be able to leave the roadway In the future, Allen would need to depend on Fairview or Lucas for this type of assistance with a smaller truck. Discussion was held regarding Agenda Item V, Council Committee Reports. These reports will be discussed during the regular meeting Discussion was held regarding Agenda Item VI, Citizen's Comments. There may be citizens here tonight to speak regarding several issues. ALLEN CITY COUNCIL WORKSHOP SESSION r FEBRUARY 3, 1994 PAGE 3 Discussion was held regarding Agenda Item VII, Tabled Items, Item A, Consider the Planning and Zoning Commission Recommendations to Adopt a New Subdivision Ordinance and Item B, Consider a Resolution Authorizing Execution of a Contract for Batting Cages in Ford Park and Initiating Zoning in the Form of a Specific Use Permit, will not be removed from the table Councilmember Terrell reported on the meeting with UCBC, the Park Board, citizens, Finance/Administration Subcommittee and members of Staff. Although the meeting went well, there were no decisions made at this time and further involvement of the Park Board is anticipated. The issue of insurance and liability was brought up as items to look at very closely in the future In discussions with other cities, it was felt this type of enterprise was not a viable situation. Council also discussed the need to be aware of the business and financial backing of UCBC. Discussion was held regarding Agenda Item VII, Tabled Items, Item C, Authorize Execution of a Letter of Intent Regarding Economic Incentives to a Company Considering Relocation to Allen. This item will be removed from the table for Council action. The Letter of Intent with Photronics has been executed by Photronics and the Allen Economic Development Corporation. Council requested clarification regarding the geo-technical study of the site, the ability of the City to provide water and sewer utility services and the City's intent to inform Photronics of future business operations locating in the vicinity Discussion was also held regarding the two-year delay on abatements on the real and tangible property of Photronics. Discussion was held regarding Agenda Item VIII, Accept the 1992-93 Financial Report. Charlotte Smith, Finance Director, will present the 1992-93 Financial Audit Report. !"I Discussion was held regarding Agenda Item IX, Quarterly Financial Report. Charlotte Smith, Finance Director, will also present the Quarterly Financial Report. Discussion was held regarding Agenda Item X, Consider an Ordinance Establishing Rate Regulations for Cable TV Operations. Sam Satterwhite, Administrative Assistant, Economic Development, will discuss briefly the contents of the Ordinance establishing rate regulations for Cable TV operations. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:32 p.m. on Thursday, February 3, 1994. 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 Farmer at 7:38 p m, on Thursday, February 3, 1994 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) Councilmember Hamner requested that Agenda Item IV, Item D, Set February 17, 1994, as a Public Hearing Date on a Request to Amend Zoning on 135 Acre Tract Located south of FM 2170 West of US 75 and east of Watters Crossing, be removed from the Consent Agenda. MOTION: Upon a motion made by Councilmember Hamster and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve and adopt all remaining items on the Consent Agenda as recommended and as follows. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 3, 1994 PAGE 4 A. Approve Minutes of January 20, 1994, Regular Meeting. B. Approve Minutes of January 27, 1994, Capital Improvement Steering Committee Initial Meeting. C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: I Texas Contractors Supply Co $ 38.50 For: Country Meadows Park Construction (Installation of Picnic Tables) 1985 Park Bond Funds Period: January 1994 2 Payless Cashway $ 440.95 For. Country Meadows Park Construction (Installation of Picnic Tables) 1985 Park Bond Funds Period: January 1994 3. J.C. Evans Construction Co., Inc. $26,878.54 For: FM 2170 Utility Relocation 1985 Water & Sewer Bond Funds PeriodThm January 31, 1994 E. Approve Selling of Fire Apparatus by Fire Department. The motion carried Councilmember Hamner stated that Agenda Item IV, Item D, due to notice requirements that the public hearing needs to be set for March 3 rather than February 17 on a request to amend zoning on 135 acre tract located south of FM 2170 West of US 75 and east of Walters Crossing. MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve Item D of Agenda Item IV noting the date change for the public hearing to be March 3 rather than February 17 The motion carried. End of Consent Acenda Council Committee Reports (Agenda Item V) Services: Meeting has been scheduled for February 4 to discuss plans for the upcoming year ALLEN CITY COUNCIL REGULAR SESSION El FEBRUARY 3, 1994 PAGE 5 Development: Development Subcommittee attended a Texas Department of Transportation meeting reviewing with the Dallas Regional Mobility Coalition long-term planning for congestion and construction of roadways with special interest in SH 121 and US 75 Landscape architects, Armstrong and Berger, have been retained to develop concept plans for the 92 -acre Economic Development property and City property for future needs Finaace/Administration: Audit report Cable TV rate regulation ordinance Ad hoc committee has met regarding the batting cages at Ford park. No solution has been attained; however, the Park Board will review further information. Mayor's: Agenda Municipal Messenger to be delivered to citizens approximately February 26 Experimenting with the new microphone this evening Citizen's Comments (Agenda Item VI) There were no citizen's comments. Tabled Items (Agenda Item VII) Consider the Planning and Zoning Commission Recommendations to Adopt a New Subdivision Ordinance (Agenda Item VII -A) This item was not removed from the table. Consider a Resolution Authorizing Execution of a Contract for Batting Cages in Ford Park and Initiating Zoning in the Form of a Specific Use Permit (Agenda Item VII -B) This item was not removed from the table. Authorize Execution of a Letter of Intent Regarding Economic Incentives to a Company Considering Relocation to Allen (Agenda Item VII -C) MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to remove Agenda Item VIh Item C, Authorize Execution of a Letter of Intent Regarding Economic Incentives to a Company Considering Relocation to Allen, from the table. The motion carried ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 3, 1994 PAGE 6 David Pitstick, Economic Development Director, indicated that the Letter of Intent with Photronics- Toppan Texas, Inc., deals with a ten -acre portion of the Allen Economic Development property fronting on Central Expressway The ten acres is located on the southwest corner of the property and has great visibility Mr. Pitstick introduced Mr. Jim Lewis with Photronics who discussed the type of company he represents. Photronics is a world-wide, clean room operation, with about 40,000 square foot building to start. The company will employ 140-160 employees and there are plans to grow significantly in the future. The budding will be world-class and additions to the building will be built behind it so that the image will not be obstructed in any way Plans are to break ground as soon after March 31 as possible and initial plans are to complete the building by the end of the year. Photronics will offer an official press release after the close of the contract. Although Council had various questions regarding the Letter of Intent, these issues will be brought up and discussed prior to the finalization of the Contract which the Council will see in the near future. This Letter of Intent offers a six-year tax abatement from the City to begin in 1996. There are no school abatements and approximately $430.000 to $450,000 per year taxes will go to the school fund This is based on a $24 million to $26 million operation. Photronics has asked for a "fast track" on the project and help from the building inspectors to provide 24-hour service. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councdmember Terrell, the Council voted six (6) for and none (0) opposed to authorize the Mayor to execute a Letter of Intent regarding economic incentives to Photronics-Toppan Texas, Inc., a company considering relocation to the City of Allen. The motion carried. Accept the 1992-93 Financial Report (Agenda Item VIII) Charlotte Smith, Finance Director, presented the 1992-93 Financial Audit Report to the City Council. The City of Allen has received an unqualified opinion from the independent auditors of KPMG Peat Marwick. The General Fund shows a balance equivalent to 80 days of operational costs and the Debt Service fund balance is 17% of the average annual debt service requirements. This is above the 10% stated in the City's policy The Water and Sewer Fund's net earnings were 1.87 times the annual debt service and meets the 1.2 requirement in the bond ordinance. Single audit reports were done in association with the Narcotics Task Force Grant and U.S. Department of Transportation Speed Enforcement Grant. There were no instances of noncompliance with any of the federal mandates. Council requested that the report letter from the auditors presented previously to the Finance/Administration Subcommittee be made available to the entire Council. They also requested that this letter be presented to the Council each year when the audit is presented Charlotte Smith, Finance Director, was complimented on her expertise in making sure the City's financial position is strong. Quarterly Financial Report (Agenda Item UI) Charlotte Smith, Finance Director, presented the Quarterly Financial Report for the period ending December 31, 1993. The report shows the City of Allen to be in excellent financial condition after the first quarter of the year with no major problem indicators at this time. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 3, 1994 PAGE 7 There was no action taken on this item since this report was prepared for informational purposes only Consider an Ordinance Establishing Rate Reeulations for Cable TV Operations (Agenda Item X) On October 28, 1993, the City of Allen was officially certified by the Federal Communications Commission to regulate certain aspects of local cable rates. A rate regulation ordinance must be passed by February 3 in order to avoid a rate freeze gap. The gap would take place when the FCC's benchmark rate freeze expires on February 14 allowing cable operators to raise their rates with no consent from the City Sam Satterwhite, Administrative Assistant to Economic Development, presented an ordinance and support material describing the process which will take place when TCI petitions the City to increase their rates or make changes to their programming as well as the guidelines governing that process. Discussion was held regarding the benchmark possibilities to be considered by the FCC and the advantage of the City to stay under the freeze if it is extended rather than delivering a letter for rate regulations to the Cable company at this time. As part of the new franchise agreement, the City may desire to set up a Citizens' Cable Committee to deal with cable franchise issues in the future. Glen Shake, 1002 Hopkins Drive, spoke before the Council and indicated that TCI Cable has increased d basic cable by $2.00 and lowered expanded cable when under the current cable freeze. Ordinance No. 1218-2-94: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Establishing Procedures and Standards for the Regulation of Rates for Basic Cable Service and Equipment. MOTION: Upon a motion made by Councilmember Terrell and seconded by Councilmember Christakos, the Council voted six (6) for and none (0) opposed to adopt Ordinance No 1218-2-94 as previously captioned which establishes rate regulations for Cable TV and authorize the City Manager to enter into a contractual agreement with First Southwest Company to assist the City of Allen in the area of cable rate regulation in accordance with Finance/Administration Subcommittee recommendation. The motion carried. Consider a Request to Abandon an Alley suit Portions of a Sewer Main Between Allen Drive and Butler Drive (Agenda Item XI) A request to abandon an alley right-of-way and sewer line from owners of property located in the area has been received by the City of Allen. The specific request is to abandon the east/west alley running through the center of the block between Allen Drive and Butler. Additionally, the request is to abandon the old six-inch sewer line that lies within this alley with the provision that the owners construct a new sewer manhole at the eastern edge of the property in the Butler right-of-way, converting the old sewer line to a private sewer system for the property and relieving the City of Allen of all maintenance. Letters have been received from appropriate A A ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 3, 1994 PAGE 8 entities regarding this proposition from JoAnn Holtzclaw, TCI Cable, Shelton Cook, Lone Star Gas; Terry Lemaster, Southwestern Bell; Todd Thompson, TU Electric; and the involved property owners, Mike Williams and Joe King. Ordinance No. 1219-2-94: An Ordinance of the City of Allen, Collin County, Texas, Abandoning All Right, Title and Interest in and to a Portion of the Alley Right -of -Way Situated in Tract 20, Abstract No. 758, Original Donation, Beginning at Allen Drive and Terminating at Butler Drive of the City of Allen, Collin County, Texas, Providing for the Conveyance Thereof to the Abutting Property Owners; Providing for the Transfer of Responsibility of a Section of a Sanitary Sewer Line and Construction of a Sanitary Sewer Manhole; Quitclaiming All Right, Title and Interest of the City in Such Right -of -Way to Abutting Property Owners; Authorizing the City Manager to Execute any Documents Deemed Necessary: Providing for a Severability Clause; and Providing an Effective Date. 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 adopt Ordinance No. 1219-2-94 as previously captioned in accordance with Staff recommendation. The motion carried. Other Business Vehicle Purchase (Agenda Item XII) (Agenda Item XII -A) Public Works Department will be purchasing as part of the budget approval process and off the General Services Commission of the State of Texas and the Collin County Purchasing Forum, three pickups -- two will be 1/2 ton and one will be 3/4 ton, and a six-yard dump truck in accordance with budget stipulations. Staff will also be requesting a grant from COG, ISTEA funds which provides funding for alternative fueling of vehicles. Public Works will be requesting to use this grant to convert several vehicles to propane. Although the propane costs from 15 % to 18% less, the loss in mileage evens that cost factor out. Propane burns cleaner and provides an extended life to the vehicle. Set a Public Hearing Date on the Cable TV Franchise (Agenda Item XII -B) Council set Tuesday, March 1, 1994 as a public hearing date for cable TV franchise input to be held at 7:00 p.m. at the Allen Public Library Calendar (Agenda Item XII -C) Spring Planning Session has been set for March 25 and March 26. A ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 3, 1994 Items of Interest There were no items of interest. Adjourn PAGE 9 (Agenda Item XII -D) (Agenda Item XIII) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10 13 p.m., on Thursday, February 3, 1994. The motion carried. These minutes approved on the 17th day of February . 1994. ATTEST: J0 Mor son, CMC, CITY SECRETARY APPROVED: Toe Farmer, MAYOR