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Min - City Council - 1989 - 09/07 - RegularE Present: Joe Farmer, Mayor Council Members: Rex Womack Jerry Wilson, Mayor Pro Tem Bobby Glass Jim Wolfe Alan Fyke Gary Edstrom City Staff: ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 Judy Morrison, City Secretary Michael Stanger, Assistant to the City Manager Executive Session 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 7 18 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to personnel. The Executive Session was recessed at 8 00 p m. WORKSHOP SESSION - 6:45 P.M. With a quorum of the Council Members present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 6 48 p.m. on Thursday, September 7, 1989, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. There was no discussion on the Consent Agenda. I ALLEN CITY COUNCIL WORKSHOP SESSION SEPTEMBER 7, 1989 PAGE 2 Discussion of Consent Agenda and Regular Agenda Items (Cont'd) (Agenda Item II) Mayor Farmer reviewed Agenda Item V1, Public Hearing on Specific Use Permit for Gasoline and Auto Laundry Sales on Property Located at Southeast Corner of FM 2170 and State Highway 5 as Requested by Diamond Shamrock and Consider an Ordinance Approving the Specific Use Permit. There was no discussion on this item. Mayor Farmer reviewed Agenda Item VII, Public Hearing on the Texas Capital Fund and Consider a Resolution Authorizing Application to Texas Department of Commerce for Texas Capital Fund Grant. Mayor Farmer discussed some developments on this item. Since the public hearing requirements were not met with regard to the Department of Commerce stipulations and since all the information has not been gathered, another public hearing will need to be set for the next regular City Council Meeting on September 21 A conference has been set for Monday, September 11 with representatives of the Department of Commerce to review Paycom's application. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item VIII, Request to Appear from Allen Sports Association Regarding Sale of Concessions at Jupiter or Reed Park. Discussion was held regarding the sale of concessions at either or both parks. Rhoda Savage, Parks and Recreation Director, will be asked to comment on this item during the regular meeting There was no further discussion on this item. Mayor Farmer reviewed Agenda Item IX, Request to Appear from City of Allen Swim Team (COAST) Regarding Enclosing Ford Pool. Michael Stanger, Assistant to the City Manager was asked to read the statement in the Allen Code of Ordinances with regard to petitioning in City Parks. "It shall be unlawful for any person to commit or attempt to commit in a public park any one or more of the following acts (18) To practice, carry on, conduct or solicit for any trade, occupation, business or profession, or to circulate any petition of whatsoever kind or character without approval of the City Council." Discussion was held regarding the actual petition and manner of petitioning. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item X, Consider Items Related to the Budget: Ordinance Approving the Budget and Setting Appropriations for the 1989-90 Fiscal Year and Ordinance Setting the Tax Rate for the 1989-90 Fiscal Year Further discussions will be held regarding personnel during the executive session before action can be taken on these two ordinances. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item XI, Approve Specifications and Authorize Solicitations of Proposal on Leasing Copy Machines There was no discussion on this item. ALLEN CITY COUNCIL WORKSHOP SESSION SEPTEMBER 7, 1989 PAGE 3 Discussion of Consent Agenda and Regular Agenda Items (Cout'd) (Agenda Item II) Mayor Farmer reviewed Agenda Item XII, Other Business Central Appraisal District Board Election. There was no discussion on this item. Mayor Farmer reviewed Agenda Item XII, Other Business. Subcommittee Reports. There was no discussion on this item. Mayor Farmer reviewed Agenda Item XII, Other Business Appointments to Boards There was no discussion on this item. Mayor Farmer reviewed Agenda Item XII, Other Business Items of Interest to the Council. There was no discussion on this item. Council Committee Reports: Finance/Administration (Agenda Item III -A) This agenda item was passed over There was no discussion on this agenda item. Council Committee Reports: Development (Agenda Item III -B) This agenda item was passed over There was no discussion on this agenda item. Council Committee Reports. Services (Agenda Item III -C) This agenda item was passed over There was no discussion on this agenda. Items of Interest to the Council (Agenda Item IV) This agenda item was passed over There was no discussion on this agenda item. With no further discussion, the workshop session of the Allen City Council was adjourned at 7 17 p m. on Thursday, September 7, 1989 REGULAR SESSION - 8:00 P.M. With a quorum of the Council Members present, the regular session of the Allen City Council was called to order by Mayor Farmer at 8.05 p.m. on Thursday, September 7, 1989, in the Council Chambers of the Allen Municipal Annex, One �� Butler Circle, Allen, Texas ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 PAGE 4 CONSENT AGENDA (Agenda Item V) MOTION Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Glass, 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. Approval of Minutes of August 11 - 13, 1989, - Budget Workshop Session. B Approval of City Council Minutes of August 17, 1989 - Regular Session. 5 Harte-Hanks $16.20 For, Legal Ad for Bid Solicitation - �+. Water System Telemetry I ■■illi Period. Thru July 31, 1989 C Approval of Minutes of August 24, 1989 - Called Special FY 1989-1990 Budget Public Hearing D Approval of Minutes of August 24, 1989 - Called Special Texas Capital Fund Public Hearing. E Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows. 1 Lloyd, Gosselink; Attorneys at Law $4,243.37 For* Professional Services - Negotiating Texins Contract Period. Thru May 17 - June 30, 1989 $19,264.00 2. B I. Interiors For- Library - Furniture and Equip- ment Period. Thru August 1 - 31, 1989 3 Black & Veatch $610.50 For- Engineering Services - Water System Telemetry Period. Thru June, 1989 4. Black & Veatch $1,386.85 For, Engineering Services - Water System Telemetry Period. Thru July, 1989 5 Harte-Hanks $16.20 For, Legal Ad for Bid Solicitation - �+. Water System Telemetry I ■■illi Period. Thru July 31, 1989 A I ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 PAGE 5 6. Checkpoint Systems $363 02 For- Theft Detection Device - Library Period. Thru August 9 - 31, 1989 7 Wal-Mart Stores $154.78 For- Telephone and Answering Machine - Library Period. Thru August 1 - 31, 1989 8 King Arthur Clocks $143.90 For, Wall Clocks - Library Period. Thru July 29 - Aug 30, 1989 9 Bartex, Inc $9,389.90 For- Interest Earned on Retainage - Library Period. Thru August, 1989 10. Black & Veatch $2,000.00 For, Tank Inspection - 2 MG Elevated Water Tower Period. Thru July, 1989 11 Black & Veatch $596.57 For, Engineering Services - 2 MG Elevated Water Tower Period. Thru April, 1989 12 Tri -Con Services $5,400.00 For- Flex Base - Stock Pile Period. Thru July, 1989 13 Graham & Associates $1,492.50 For, Engineering Services - Main Street Phases II & III Period. Thru August 29, 1989 14 Tri -Con Services $155,641 39 For- Paving and Drainage - Main Street Phase II Period. Thru July 26 - Aug 25, 1989 15 Graham & Associates $25250.00 For, Row Design - FM 2170 East Period. Thru July 25, 1989 ALLEN CITY COUNCIL REGULAR SESSION ' SEPTEMBER 7, 1989 PAGE 6 F Ordinance No. 936-9-89: An Ordinance of the City of Allen, Collin County, Texas, Changing the Name of Raintree Circle, a Street in the Raintree Estates Subdivision, Located Near Alma Drive and F.M. 2170, to Rainforest Circle; Amending all Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an Effective Date. The motion carried. End of Consent Agenda Public Hearing and Ordinance No. 937-9-89 (Agenda Item VI) Ordinance No. 937-9-89: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as Heretofore Amended, So as attach a Specific Use Permit for Gasoline Sales and an Auto Laundry as Incidental Uses to a Convenience Store with Site Plan Approval, Therefore Restricting a 7346 Acre Portion of the Northwest Corner of a 21.2469 Acre Tract of Land Located in Abstract No. 977, David Wetsel Survey, in the City of Allen, Collin County, Texas, Further Described as the Southeast Corner of F.M. 2170 and S.H. 5; Subject to the Stipulations Attached Public Hearing: Request for a Specific Use Permit for Gasoline Sales and an Auto laundry as Incidental Uses to a Convenience Store with Site Plan Approval. Location: N W. Corner of a 21.2469 Acre Tract of land out of David Wetsel Survey, Abstract No. 977 Zoning: Shopping Center Requested by Jim Craig and Rodney Smith and Ordinance No. 937-9-89: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as Heretofore Amended, So as attach a Specific Use Permit for Gasoline Sales and an Auto Laundry as Incidental Uses to a Convenience Store with Site Plan Approval, Therefore Restricting a 7346 Acre Portion of the Northwest Corner of a 21.2469 Acre Tract of Land Located in Abstract No. 977, David Wetsel Survey, in the City of Allen, Collin County, Texas, Further Described as the Southeast Corner of F.M. 2170 and S.H. 5; Subject to the Stipulations Attached ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 PAGE 7 Ordinance No. 937-9-89 (Cont'd) Herein and Exhibit "A" Site Plan and Exhibit "B" Concept Plan; Presently Delineated on the Official Zoning Map as "SC" Shopping Center; Providing for Exhibit Site Plan Approval; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Farmer read the request into the record as follows. "Public Hearing on Specific Use Permit for Gasoline and Auto Laun- dry Sales on Property Located at Southeast Corner of FM 2170 and State Highway 5 as Requested by Diamond Shamrock and consider an Ordinance Approving the Specific Use Permit." Bill Petty, Director of Community Development, introduced the request for a specific use permit request by Diamond Shamrock. The Comprehensive Plan of 1985 identified FM 2170 and SH 5 as one of the three most important intersections in Allen. COG reviewed this intersection and as a result, requirements for the dedication of additional right-of-way has been requested. Staff and the Planning and Zoning Commission recommends that the following conditions be applied to this specific use permit. 1 The SUP for the corner tract will not activate until the final right-of-way dedication (SH 5 and FM 2170 for the entire tract) has been accepted by the City and this will be approved as a concept plan and not a site plan at this time. 2 The concept plan for the curb cuts is to be considered when the remaining portion of this tract develops 3. The placement and spacing of median cuts will be determined by the State Highway Department and City Staff when the respective highways are reconstructed. 4. The air conditioning unit will be screened from view Mr Rodney Smith, Real Estate Representative for Diamond Shamrock addressed the Council at this time. Mr Smith discussed the background of why Diamond Shamrock desired to establish its company in the City of Allen. He discussed the style of the building and the surrounding landscaping with irrigation. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 PAGE 8 Public Hearing and Ordinance No. 937-9-89 (Cont'd) (Agenda Item VI) 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 Mayor Farmer asked for the concurrence of Diamond Shamrock representa- tives with regard to the Planning and Zoning Commission recommendations. They agreed and concurred with all those recommendations Congratulations were offered to the staff for all the work and long range plans necessary in dealing with this request. MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Wolfe, the Council voted seven (7) for and none (0) opposed to approve the request for a specific use permit for gasoline and auto laundry sales in accordance with the recommendation of the Planning and Zoning Commission and in accordance with staff recommendation, and to adopt Ordinance No. 937-9-89, as previously captioned. The motion carried. Public Hearing on the Texas Capital Fund, and Consider a Resolution Authorising Application to Texas Department of Commerce for Texas Capital Fund Grant (Agenda Item VII) Mayor Farmer read the request into the record as follows "Public Hearing on the Texas Capital Fund and Consider a Resolution Authorizing Application to Texas Department of Commerce for Texas Capital Fund Grant." Staff recommended that Council set September 21, 1989 as a new public hearing date at which time notifications will be in compliance with rules of the Department of Commerce and a resolution will be adopted authorizing the application to the Department of Commerce for the Texas Capital Fund Grant. Mayor Farmer stated the Texas Capital Fund is a grant program offered through the Texas Department of Commerce. He discussed the process of submission. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 PAGE 9 Public Hearing on the Texas Capital Fund, and Consider a Resolution Authorizing Application to Texas Department of Commerce for Texas Capital Fund Grant (Cont'd) (Agenda Item VII) 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 MOTION: Upon a motion made by Councilman Wolfe and seconded by Mayor Pro Tem Wilson, the Council voted seven (7) for and none (0) opposed to set a public hearing regarding the Texas Capital Fund and consider a resolution authorizing application to the Texas Department of Commerce for Texas Capital Fund Grant for September 21, 1989, at the next Regular Council Meeting The motion carried. Request to Appear from Allen Sports Association Regarding Sale of Con- cessions at Jupiter or Reed Park (Agenda Item VIII) Rhoda Savage, Parks and Recreation Director, discussed the history of the request by Allen Sports Association to vend concession items at youth football games as a fund-raising venture Mr Glen Hollmuller, Vice President of Community Relations for ASA and Cheryl Elliott, Commissioner for Cheerleading spoke before the Council regarding concessions at Reed Park during football season to be used as a fund raiser Discussion was held regarding the agreement of Carnival Sno-Cones to work with the ASA at Reed. Ms Savage indicated Carnival Sno-Cones was in support of this program and will back it completely MOTION Upon a motion made by Councilman Edstrom and seconded by Councilman Fyke, the Council voted seven (7) for and none (0) opposed to approve a waiver of the contract with Carnival Sno-Cones and allow the ASA to sell concessions at Reed Park during football season as a fund-raiser The motion carried. I ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 PAGE 10 Request to Appear from City of Allen Swim Team (COAST) Regarding Enclosing Ford Pool (Agenda Item 1X) Mr Ken Main, spokesperson of the Parents Auxiliary for COAST, spoke before the Council regarding the need for a year round facility in Allen. Mr Main requested to petition individuals at the Allen Country Fair to see if there is an interest among the citizens for such a facility A copy of this "petition" was passed to Mayor Farmer who in turn, read it to the Council. Discussion was held regarding the wording of the document. It is the desire of the COAST delegation to get feedback of the citizens in Allen rather than an actual petitioning process. Since this was the meaning of the term, all agreed that it would be agreeable to the Council if the item was documented as a public opinion poll and further, that Rhoda Savage, Parks and Recreation Director, work with COAST representatives, as appropriate, to retrieve proper feedback from the community There was no further action taken on this item. Consider Items Related to the Budget (Agenda Item X) Agenda items A and B were deferred until after the Executive Session. Approve Specifications and Authorize Solicitations of Proposal on Lessing Copy Machines (Agenda Item XI) Michael Stanger, Assistant to the City Manager, discussed the need for new copy machines at all four municipal office buildings. Staff is requesting a lease basis mode for replacing these copiers and would like authorization for a request for proposals on either one, two, three or four copiers. Discussion was held regarding down-time as noted in the specifications and the current cost of copy machines in the City MOTION Upon a motion made by Councilman Womack and seconded by Councilman Glass, the Council voted seven (7) for and none (0) opposed to approve a modified staff recommendation authorizing staff to procure copy equipment on a lease basis to meet the needs of the various City departments and those needs be met at the best possible price. The motion carried. I I ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 PAGE 11 Central Appraisal District Board Election (Agenda Item XI -A) Discussion was held regarding the Central Appraisal District Board of Directors A resolution including the name and address of each candidate nominated is to be delivered to the Chief Appraiser by October 16, 1989 This item is to be brought back for further discussion prior to that date. There was no action taken on this item. Subcommittee Reports (Agenda Item XI -B) • Finance/ Administration Subcommittee Board appointments are being processed at this time. There will be scheduled interviews Tuesday and Wednesday evenings, September 12 and 13. Recommendations will be made at the next meeting regarding these appointments. • Services Subcommittee The communications system will be the next topic covered by this committee • Development Subcommittee The preliminary draft of the Comprehensive Plan update survey instrument has been reviewed. A list of action items will be taken from the comments expressed in the development forum. Appointments to Boards (Agenda Item XI -C) Discussion was held regarding the scheduling of the board appointments. There was no action taken on this item. Items of Interest (Agenda Item XI -D) The Council was reminded of a joint meeting scheduled for Thursday, September 14, 7.30 p.m., at the Library meeting room, with the AISD Board of Directors and the Allen Chamber Board to receive a report from the Allen Economic Development Alliance. Bill Petty, Director of Community Development distributed a traffic flow document to the Council, demonstrating the routing of traffic due to the opening of FM 2170. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 Executive Session PAGE 12 In accordance with Article 6252-17, V.A.T C.S (Open Meetings Law), Section 2(g), the Allen City Council reconvened into Executive Session at 9.48 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to personnel. The Executive Session was adjourned at 12:25 a.m. Reconvene The Allen City Council reconvened into regular session at 12:30 a.m. on Friday, September 8, 1989, in the Council Chambers of the Allen Municipal Annex. Ordinance Approving the Budget and Setting Appropriations for the 1989-90 Fiscal Year (Agenda Item X -B) MOTION Upon a motion made by Councilman Wolfe and seconded by Councilman Womack, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 938-9-89 approving the budget and setting appropriations for the 1989-90 fiscal year The motion carried. Ordinance Setting the Tax Rate for the 1989-90 Fiscal Year (Agenda Item X -A) MOTION Upon a motion made by Councilman Pyke and seconded by Councilman Edstrom, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 939-9-89 setting the tax rate of 370894 for the General Fund and 297206 for the debt service fund for a total of 668100 for the 1989-90 fiscal year The motion carried. Adjourn (Agenda Item XII) MOTION: Upon a motion made by Councilman Glass and seconded by Councilman Wilson, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:35 a.m., on Friday, September 8, 1989 The motion carried. I ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 7, 1989 These minutes approved on the 21st day of September, 1989 raUUczwi0111 4:::;�= e Farmer, MAYOR ATTEST, I PAGE 13 �M,,,,n, ITY SECRETARY I PAGE 13