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HomeMy WebLinkAboutMin - City Council - 1994 - 09/15 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 1994 Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem David Kerr 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 6:20 p.m. on Thursday, September 15, 1994, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Oven Council Discussion (Agenda Item II) After a report on a recent meeting with COG officials regarding road projects in Allen, discussion was held regarding the amount of land presently owned by St. Jude's Catholic Church and the Catholic Diocese. Discussion was held regarding a piece of property in the northeast quadrant of Allen near Malone Road and FM 2551. The City has been approached by a developer who desires a development of one -acre lots with large home sites. He has requested additional help from the City regarding infrastructure improvements He also suggested use of a septic system rather than the sewer lines which would be an additional expense. The Development Subcommittee was asked to look at the entire area and provide a plan that could be useful to the City in the future. For the City to agree for the developer to pave only two lanes of FM 2551 is not something to consider at this time. However, in the future, after a full study has been made, it might be a possible option It was reported that Patrick Martell has contacted certain Councilmembers indicating that vehicles are t taking shortcuts from FM 2170 to Rivercrest through the alleyways. He is concerned about the safety of the children and has volunteered to serve on the safety committee after it has been established. ALLEN CITY COUNCIL WORKSHOP SESSION SEPTEMBER 15, 1994 Discussion of Consent Agenda and Reeular Aeenda Items PAGE 2 (Agenda Item III) Mayor Farmer began the review of the Consent Agenda and regular agenda items. Discussion was held regarding Agenda Item VIII, Tabled Item: Public Hearing on a Request to Rezone Planned Development No. 31 Located South of McDermott Drive, East and West of Alma Drive and North of Hedgecoxe Road as Requested by Suncreek Ltd. and Consider an Ordinance Effecting this Appeal. Items of discussion for this evening regarding the Suncreek tabled item include the methodology for acreage purchase, a possible school site for purchase — not donation, and the submission of the developer regarding his understanding of the schools being interested to this particular area with three sites being offered as possibilities With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:30 p.m. on Thursday, September 15, 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 7'33 p.m. on Thursday, September 15, 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 Nichols and seconded by Mayor Pro Tem Lilly, 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 September 1, 1994, Regular Meeting B. Approve Minutes of September 1, 1994, Allen City Council Boards and Commission Reception. C. Approve Minutes of September 6, 1994, Special Called Worskhop on Suncreek Zoning Case and 1994-95 Budget D Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program as follows: Ron Hobbs, Architect $7,966.63 For: Recreation Building Facilities 1992 Park Bonds Period August 1994 ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 15, 1994 PAGE 3 E. Consider a Resolution Designating the Allen American as the Official Newspaper for the City of Allen during the 1994-95 Fiscal Year. Resolution No. 1282-9-94(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Designating the Allen American the Official Newspaper of the City of Allen, Collin County, Texas for FY 1994-1995. Council Committee Reports (Agenda Item V) It was reported that this will be the last regular meeting of the Council with the current subcommittee structure assignments. Services: Allen Recreational Facility Finance/Administration: No report Development Mayor's: Sidewalk repair Vehicle Emissions Testing Program Municipal Maintenance Agreement (grass and litter) Alley safety features including speed limits Impact Fee Study - Water Impact Fee Development on east side COG Transportation meeting FM 2170 East has been moved to 1995; Exchange remains in 1996; SH 5 North in 1996 and SH 5 South in October 1996 Agenda Subcommittee assignments Current meetings with the fire department personnel synopsis Citizen's Comments (Agenda Item VI) Webelo Cub Scout Pack 306 and Scout Leader Troie Burch from Reed Elementary were acknowledged as being present in the audience. P ALLEN CITY COUNCIL REGULAR SESSION - SEPTEMBER 15, 1994 PAGE 4 Tabled Item: Approve the Following Items Related to Fiscal Year 1994-95 Budeet (Agenda Item VII) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to remove Agenda Item VII, Approve the Following Items Related to Fiscal Year 1994-95 Budget — (A) Ordinance Setting the Appropriations and (B) Ordinance Setting the Tax Rate from the table. The motion carried. Ordinance Setting the Appropriations (Agenda Item VII -A) City Manager Jon McCarty indicated the budget showed a reduction of five cents in two years in the tax rate for the City of Allen It also allows for substantial reserve fund, additional montes for debt service and additional personnel in police, fire and environmental facilities. Due to factors beyond our control, it does indicate that a rate increase to water, sewer and solid waste may be forthcoming in the next budget year. Ordinance No. 1283-9-94: An Ordinance of the City of Allen, Collin County, Texas, Amending the Appropriations for the 1993-94 Fiscal Year Budget and Approving and Adopting the Budget and Setting Appropriations for the Fiscal Year Beginning October 1, 1994, and Terminating September 30, 1995; and Providing for anEffective Date. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve Ordinance No 1283-9-94 as previously captioned. The motion carried. Ordinance Setting the Tax Rate (Agenda Item VII -B) The tax rate for the General Fund is .37805, the Debt Service Fund is .33755, for a total tax rate of 71560. Ordinance No. 1284-9-94: An Ordinance of the City of Allen, Collin County, Texas Setting, Fixing, and Adopting the Tax Rate for the City of Allen, Texas, for the Fiscal Year Beginning October 1, 1994, and Ending September 30, 1995; and Providing an Effective Date for this Ordinance. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1284-9-94 as previously captioned The motion carried. 1 ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 15, 1994 PAGE 5 Tabled Item: Public Hearing on a Request to Rezone Planned Development No. 31 Located South of McDermott Drive, East and West of Alma Drive and North of Hedgecoxe Road as Requested by Suncreek Ltd. and Consider an Ordinance Effecting this Appeal (Agenda Item VIII) MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the Council voted seven (7) for and none (0) opposed to remove Agenda Item VIII, Public Hearing on a Request to Rezone Planned Development No. 31 Located South of McDermott Drive, East and West of Alma Drive and North of Hedgecoxe Road as Requested by Suncreek Ltd and Consider an Ordinance Effecting this Appeal from the table. The motion carried. Mayor Farmer reviewed the process that has taken place since the public hearing held at the Council's last regular meeting. A workshop has been held Further information has been distributed and meetings have been held. Greg Rich, Siepiela Interests, discussed information regarding a possible school site in the southwest quadrant of the City He reviewed three possible sites and acknowledged that they would offer the school an opportunity by which to purchase the property needed after a detailed study of the issue was completed. John Green, representative of the school district, spoke regarding the possible site. Greg Rich then discussed the issue of density He reviewed the previous density north of the creek and pointed out that the present map allows for a 50% reduction of density He also referred to a 15 -foot buffer set along the western property line abutting Mary McDermott -Cook's property Greg Rich discussed the floodplain issue. This is an engineering issue and will be dealt with at the time of platting. Mr. Rich indicated that they would maximize single -loaded streets along the forested areas. Council discussed various issues regarding density The proponent agreed to change the SF 3 on Tracts 3, 9 and 12 to 5,500 square foot minimum lot area with a 50 -foot lot width and 1,500 square foot house minimum and the SF 4 will be changed on Tract 11 to a 5,000 square foot lot size having a 45 -foot width and a 1,500 square foot house minimum. The proponent also indicated that if Lot 13A develops other than a church, the developer will provide access to this area The proponent also agreed with the funding mechanism that has been worked out with the City Manager regarding the Floodplain issue. The proponent has also agreed to interface with the school district in dealing with the school site issue on a purchase option. I ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 15, 1994 Ordinance No. 1285-9-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, and Amending Ordinance No. 6034-85 to Amend Flood Plain -Planned Development No. 31 (FP -PD No. 31) by Amending the Land Use Plan and Use and Area Regulations on the Following - Described Tract of Land: 282 Acres of Land in Abstract No. 1017 and 1018 of the Joseph H. Wilcox Survey, Abstract Nos. 326 of the G. W. Ford Survey, and Abstract 755 of the Joseph Russell Survey, City of Allen, Collin County, Texas; Providing for a Land Use Plan; Providing for Use and Area Regulations; and Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. PAGE 6 MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Terrell, the Council voted four (4) for and three (3) opposed with Mayor Pro Tem Lilly, and Councilmembers Kerr and Hamner casting the negative votes, to approve Ordinance No. 1285-9- 94 as previously captioned and which includes previously noted amendments and statements by the proponent. The motion carried. Council took a brief recess. Public Hearing to Consider an Ordinance Requiring Homeowner Particivation in Costs for Reoairine Sidewalks (Agenda Item IX) The City of Allen is responsible for performing ordinary care to maintain its sidewalks in a safe condition for public travel. In the past, the cost has always been the City's responsibility However, after a survey of neighboring cities with a program to repair and replace sidewalks, the City of Allen is recommending a sidewalk participation of the homeowners. Mayor Farmer read the request into the record as follows: "Public Hearing to Consider an Ordinance Requiring Homeowner Participation in Costs for Repairing Sidewalks." 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. ALLEN CITY COUNCIL REGULAR SESSION ' SEPTEMBER 15, 1994 PAGE 7 Ordinance No. 1286-9-94: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Providing for Sidewalk Maintenance in the City Using Homeowners' Participation in Cost; Providing for Policies, Procedures and Forms Relating to Sidewalk Maintenance in the City; Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Hamner, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1286-9-94 as previously captioned. The motion carried. Consider Amendments to the City's Personnel Policies and Procedures Manual (Agenda Item X) Due to further attorney review on the amendments to include light duty and the Family and Medical Leave Act (FMLA), these issues will not be dealt with this evening. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Hamner, the Council voted seven (7) for and none (0) opposed to authorize amendments to the Personnel Policy and Procedures Manual to extend longevity pay to permanent part-time employees and to authorize the accrual of and payment for sick time up to 720 hours upon retirement or death or 24 hours for each year of service to employees who separate for other reasons in accordance with Finance/Administration Subcommittee recommendation. The motion carried. Consider Traffic Safety Task Force (Agenda Item XI) A Traffic Safety Task Force outline has been prepared to support an ad hoc committee whose primary purpose is to provide a foram for citizens to provide meaningful input to the Allen City Council and Staff to increase public safety in Allen. Its goals are to develop solutions to traffic safety problems in Allen, develop measures to reduce pedestrian accidents and injuries, maximize available resources to accomplish goals, and develop and implement safety information programs. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to authorize and accept the Traffic Safety Task Force proposal as presented by Staff in the formation of a Safety Task Force Ad Hoc Committee. The motion carried. Consider Ordinance Making Theft of Library Materials a Misdemeanor (Agenda Item XII) Due to certain library users who are habitually overdue with materials and refuse to return them, a formal mechanism for pursuing the return of overdue books is being presented. A person will be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $500 for each offense. s C ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 15, 1994 PAGE 8 Ordinance No. 1287-9-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 1057-11-91 and Chapter 7, Article I, of the Allen Code of Ordinances Malting it Unlawful for any Person to Fail to Return Materials Borrowed from the Allen Public Library within Thirty (30) Days after the Materials are Due or to Illegally Remove Materials from the Allen Public Library; Providing for a Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500.00); and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1287-9-94 as previously captioned and in accordance with Services Subcommittee recommendation. The motion carried. Other Business (Agenda Item XIII) Calendar (Agenda Item XIII -A) September 22 6.30 p.m. Joint AISD/Council meeting at the school district Standing Committee Assignments (Agenda Item XIII -B) Information was distributed regarding the Council Standing Committee assignments Items of Interest (Agenda Item XIII -C) There were no items of interest. Executive Session (Agenda Item XIV) In accordance with The Texas Local Government Code, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 10:05 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to (1) appointments to City Boards and (2) personnel evaluations. The Executive Session was adjourned at 10:59 p.m Reconvene (Agenda Item XV) The Allen City Council reconvened into regular session at 11:00 p.m. on Thursday, September 15, 1994, in the Council Chambers of the Allen Municipal Annex ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 15, 1994 PAGE 9 MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to delay the appointment process for City Boards and Commission until sometime in November in order to deal with the entire process review for the Boards and Commission and to extend current board appointments until that is accomplished. The motion carried. Adjourn (Agenda Item XVI) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:05 p.m., on Thursday, September 15, 1994 The motion carried These minutes approved on the 6th day of October , 1994. ATTEST: y MQ&i"" CMC, CITY SECRETARY 11 APPROVED: Jfie Farmer, MAYOR