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HomeMy WebLinkAboutMin - City Council - 1994 - 02/17 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 17, 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 6:25 p.m. on Thursday, February 17, 1994, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item II) Discussion was held regarding erosion on Cottonwood Creek and the possible threat to structures in the immediate area. Staff has contacted Doyle Engineering who has presented a proposal giving the severity of the problem and methods and cost for fixing the problem. The City Attorney has also been contacted with regard to the City's legal liability with regard to the residents of that area. City Secretary Judy Morrison discussed a minor change in the Resolution that was before the Council this evening and reviewed the election calendar Council was informed regarding an upcoming resignation from the CIP Steering Committee and future possibilities for that committee. Council received an Economic Development Corporation business update January 26 through February 15 for their review ALLEN CITY COUNCIL WORKSHOP SESSION FEBRUARY 17, 1994 PAGE 2 Discussion was held regarding the recent rumors regarding the WalMart closing and relocation from Allen. Neither Staff nor Council were informed regarding this particular rumor but it was requested that it would be helpful to Council to receive some type of information with which to inform citizens who call regarding the closure. Staff was instructed to identify the person who makes major decisions with the WalMart Corporation and to pen a letter from the Mayor regarding his and Council's concern of the lack of information that City officials have had. As an item of interest, a former police officer in Allen, Todd Renshaw, has been appointed police chief at the City of Frisco A request was received from Mr Logan, band director at Allen High School, to allow the Escadrille to march on the streets in the vicinity of the water tower. Coordination with the Streets Department for use of blockades will be necessary to ensure safety Discussion of Consent Agenda and Recular Acenda Items (Agenda Item III) Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda Item IV, Item F, Approve Budget for Sidewalk Construction Along South Fountain Gate Drive. Staff informed Council that there is money available for this sidewalk along South Fountain Gate Drive which will provide an enhancement to the neighborhood. There was no discussion at this time regarding Agenda Item V, Council Committee Reports. This item will be covered during the regular meeting Discussion was held regarding Agenda Item VI, Citizen's Comments Council was informed that there may be citizens present to discuss the removal of the Ferris Water Tower, WalMart closing, questions regarding the loss of Tom Thumb, Albertson, the McKinney Theater and "sit-down" chain restaurants, and the solid waste issue. Discussion was held regarding Agenda Item VII, Tabled Items The tabled items will remain on the table. Discussion was held regarding Agenda Item VIII, Presentation of Park Facilities Study Models. Ron Hobbs, Architect, will present the Park Facilities study models to the Council and direction decisions will be needed from the Council before further work can be done. Discussion was held regarding the cable TV public hearing on March 1, 1994 A fact sheet regarding cable television will be distributed prior to the public hearing It was felt there would be no presentation by Staff or Council that Council would hear citizen's comments Staff was instructed to contact the AISD for information regarding their concerns for the present TCI Cable Franchise. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:30 p.m on Thursday, February 17, 1994. ALLEN CITY COUNCIL WORKSHOP SESSION FEBRUARY 17, 1994 I N a[HU I/:\;�.7 BFx'1 u7.diftiil9AS 11 161.1" DWI' With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7 35 p.m. on Thursday, February 17, 1994 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) 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 and adopt all items on the Consent Agenda as recommended and as follows: A. Approve Minutes of January 31, 1994, Council and Planning & Zoning Commission Joint Meeting B. Approve Minutes of February 3, 1994, Regular Meeting C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows 1. LT Dunkin & Associates, Inc. $ 2,124.89 For Professional Services for Preparation of Bid Documents for Playground Structure in Country Meadows Park 1985 Park Bond Funds Period: October 31, 1993 2 Ron Hobbs, Architect $10,171.53 For: Architectural Planning Services for Recreation Budding Facilities 1992 Park Bond Funds Period January, 1994 D Tax Report. E. Approve Resolution Authorizing an Adjustment and Refund to the 1993 Tax Rolls Resolution No. 1220-2-94(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment and Refund to the 1993 Tax Roll. F Approve Budget for Sidewalk Construction Along South Fountain Gate Drive. Council approved a budget of $36,158.10 for the construction of a sidewalk along South Fountain Gate Drive. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 17, 1994 PAGE 4 G Approve a Resolution Nominating TRW, Inc as an Enterprise Project as Defined by the Texas Enterprise Zone Act Resolution No. 1221-2-94(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Nominating TRW Information Services as an Enterprise Project as Defined by the Texas Enterprise Zone Act. H. Approve Bid Award for Removal of Ferris Water Tower Council authorized City Manager Jon McCarty to award the bid to the low bidder, Pittsburg Tank and Tower Company for $20,668 for the removal of Ferris Water Tower. The motion carried. End of Consent Aeenda Council Committee Retorts (Agenda Item V) Finance/Administration: Public Hearing, March 1, 7 00 p in. — Cable TV Spring Planning Session — 8:00 a.m. - 5.00 p.m. — Friday, March 25 and 8*00 a in - 12:00 noon — Saturday, March 26 Batting Cages at Ford Park — 10 -week schedule and final recommendation Development: Services: 11 Allen Civic Plaza concept Access and circulation at the library Status report on building construction Allen Heights right-of-way Chaparral lift station Traffic sign on Rivercrest Reports and updates regarding Photronics, the Green Site, schedule for annexation SOB's and schedule of uses Recreation center update Park funding financing Workplan I 0 ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 17, 1994 PAGE 5 Mayor's: Current agenda review Boards and Commission questions Management letter from auditors "Women Who Make a Difference" Citizen's Comments (Agenda Item VI) Jim Wolfe, Chair of the CIP Steering Committee, updated the Council on the work of the Steering Committee. During the first general meeting, an educational session was held. The subcommittees met and a final synopsis of each subcommittee was presented to the group as a whole Mr. Wolfe also informed the Council regarding an upcoming resignation from one of the members of the Steering Committee due to a conflict and Council instructed Chair Wolfe that he had the confidence and authority of the Council to work through the situation and Council will accept the letter of resignation and make a new official appointment at their next meeting 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. Presentation of Park Facilities Study Models (Agenda Item VIII) Architect Ron Hobbs presented a study model of the proposed pavilion to the Council. The room would be approximately 20 feet x 30 feet with two glass walls and restroom facilities available to both outside and inside participants The room would be able to be heated and cooled with a large deck area overlooking the lake. The building is coming in under budget. Discussion was held regarding a walled area allowing access to the deck from park participants versus eliminating the access by park participants to the decked area especially when the room was in use. Mr Hobbs reviewed the study model of the recreation center with the Council. He indicated that various entities of the building itself could be removed for cost reduction The design of the circular control room is the direct expression of how the building is structured and controlled and the focus is on the hillside theater. Discussion was held regarding possible fundings for portions not officially included in the budget for the Allen Recreation Center. Additional monies are available that were set aside for land acquisition and unallocated funds along with the recent $20,000 trust fund ALLEN CITY COUNCIL REGULAR SESSION El FEBRUARY 17, 1994 PAGE 6 Council instructed Staff and Mr. Hobbs to consider the entire projects of the pavilion and the recreation center and directed Staff to find the additional approximate $38,000 to complete the entire projects and instructed the architect to move forward with that in mind. Resolution Finding that Sexually -Oriented Business is a New and Unlisted Use and Declaring the Appropriate Districts (Agenda Item IX) Bill Petty, Director of Community Development, presented the recommendation by Planning and Zoning Commission for new and unlisted use for sexually -oriented businesses to the Council. Although sexually -oriented businesses are protected under the Free Speech Amendment, cities do have the right to differentiate between adult and generic theaters. The Planning and Zoning Commission recommendation to Council is to approve the use of sexually -oriented businesses by a specific use permit in general business zoning district and by right in planned development districts. Resolution No. 1222-2-94(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Finding that a Sexually -Oriented Business is a New and Unlisted Use; Establishing Definitions; and Declaring the Appropriate Districts for Such Use. MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Bishop, the ■�.i Council voted six (6) for and none (0) opposed to approve Resolution No. 1222-2-94(R), as previously captioned, in accordance with Planning and Zoning Commission recommendation The motion carried. Consider Reimbursement of Utility Relocation Costs for Shadow Lakes North (Agenda Item X) An informal agreement had been made with the developer, Douglas Properties, Inc., to construct the entire 37 feet of South Fountain Gate Drive. In return, the City would be responsible for the cost of the utility relocations. Mr. Douglas has requested reimbursement of the utility relocation costs and exemption of inspection fees on Shadow Lakes North MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Hamner, the Council voted six (6) for and none (0) opposed that the Allen City Council authorize Douglas Properties, Inc.'s request for reimbursement of utility relocation costs and exemption of inspection fees for a total cost of $108,564 in exchange for the construction of the entire 37 feet of South Fountain Gate Drive. The motion carried Consider Items Related to the May 7. 1994 General Election Resolution Ordering the May 7, 1994 City Council Election (Ageuda Item XI) (Agenda Item XI -A) According to Texas Election Laws, the City Council is responsible for ordering the upcoming City Council election to be held on the first Saturday in May ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 17, 1994 PAGE 7 Resolution No. 1223-2-94(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Ordering a Joint Election to be Held on May 7, 1994 for the Purpose of Electing the Mayor and Three (3) Members, (Place Nos. 2, 4, and 6), 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 Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve Resolution No 12234-94(R) as previously captioned. The motion carried. Authorize the Mayor to Enter Into a Contract with the Elections Administrator of Collin County to Provide Joint Election Services for the May 7, 1994 General Election (Agenda Item XI -B) In order to provide enhanced services to the citizens of Allen, the AISD and the Allen City Council have authorized election procedure changes to include contracting for election services with the Election Administrator of Collin County for the May 7, 1994 General Election. Resolution No. 1224-2-94(R): 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 the Elections Administrator, Collin County, Texas Pursuant to the Authority of Section 31.091 of the Texas Election Code to Provide Election Services in Regard to the Coordination, Supervision, and Running of the May 7, 1994 Joint General Election. 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. 1224-2-94(R) as previously captioned. The motion carried. Consider Thursday, May 12, 1994, as the Canvass Date for the City Council Election (Agenda Item XI -C) In accordance with the Allen City Charter and Texas Election Laws, the induction into office and canvass of the election is being recommended by Staff to be held on Thursday, May 12, 1994. MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to authorize the canvass of the City Council Election be held on Thursday, May 12, 1994, at 7:00 p.m. to canvass the results of the May 7 General Election. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 17, 1994 PAGE 8 Consider Strategic Planning Process and Aeenda for Spring Plannine Session (Agenda Item XII) Michael Stanger, Assistant to the City Manager, asked Council to consider a Strategic Planning Process and agenda for the Spring Planning Session to be held on Friday, March 25, and Saturday morning, March 26. The agenda would include a vision element, a scanning element, a mission element, an issues element, and a goal - setting element. The format would be similar to the previous years and the Mayor requested Council to provide him with information in preparation of the "State of the City" presentation. This was an information item only and no action was taken on this item. Authorize Amendment to the 1993-94 Fiscal Year Budget (Agenda Item XIII) Bret McCullough, Chief Building Official, informed the Council that due to a continued increase in building activity, the expectation of the City's level of service in the inspection field is at a critical point. Due to the overload in the department, the Code Inspectors have not been able to spend any time receiving formal training and have not been able to spend sufficient time for each inspection. The City Staff and the Development Subcommittee recommends that the General Fund revenues be increased by adding the unanticipated rollback taxes in the amount of $160,595; authorize expenditures in the amount of $19,335 in the Community Development budget; authorize an increase in the number of Code Enforcement Officers from two to three; and declare an emergency condition that was not able to be foreseen in the normal process of planning the original budget Ordinance No. 1225-2-94: An Ordinance of the City of Allen, Collin County, Texas, Declaring an Emergency and Amending the City of Allen Fiscal Year 1993-94 Operating Budget by Increasing General Fund Revenues from Unanticipated Rollback Taxes, Authorizing an Increase in Expenditures in the Community Development Department Budget to Facilitate an Increase in the Number of Code Enforcement Officers from Two to Three in Accordance with Article IV, Section 4.08, of the Allen City Charter; 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 Councdmember Terrell, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1225-2-94 as previously captioned and in accordance with Staff and Development Subcommittee recommendation. The motion carried. 1 I ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 17, 1994 PAGE 9 Other Business (Agenda Item XIV) Review List of Questions to Boards and Commission (Agenda Item XIV -A) Council was requested to provide any comments, recommendations, etc., common or unique to the individual boards for additional review regarding the City Boards and Commission process of review to the City Manager or Mayor Calendar (Agenda Item XIV -B) Spring Planning Session March 25--8:00 a.m. to 5:00 p.m. and March 26--8 00 a.m. to 12:00 noon Items of Interest (Agenda Item XIV -C) There were no items of interest. Executive Session (Agenda Item XV) In accordance with The Texas Government Code, Personnel, Section 551 074, the Allen City Council convened into Executive Session at 9.50 p.m, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to personnel allocations and assignments. The Executive Session was adjourned at 11:40 p.m. Reconvene (Agenda Item XVI) The Allen City Council reconvened into regular session at 1 LAI p in on Thursday, February 17, 1994, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session Adjourn (Agenda Item XVII) MOTION: Upon a motion made by Councilmember Bishop 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 11:42 p.m., on Thursday, February 17, 1994 The motion carried. These minutes approved on the 3rd day of March , 1994. APPROVED: J46e Farmer, MAYOR ATTEST: �i Ju Mor ' n, CMC, CITY SECRETARY