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Min - City Council - 1990 - 02/15 - RegularPresent: Joe Farmer, Mayor (Arrived at 7:10 p.m.) Council Members: Rex Womack Jerry Wilson, Mayor Pro Tem Bobby Glass Jim Wolfe Alan Fyke Gary Edstrom City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary L,' 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 Pro Tem Wilson at 6:52 p.m. on Thursday, February 15, 1990, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Items (Agenda Item II) Mayor Pro Tem Wilson began the review of the Consent Agenda Items. Discussion was held regarding the establishment of a school zone on Timbercreek Drive along the southern boundary of Reed Elementary School. As development has taken place, this ordinance is necessary to establish the 20 mph school zone. There was no further discussion on this item. Mayor Pro Tem Wilson reviewed Agenda Item VI, Presentation to Rountree Elementary Pride Council. A copy of the proclamation is included in the packet for Council's review. Mayor Farmer will present the proclamation to Rountree Pride Council. There was no further discussion on this item. Mayor Pro Tem Wilson reviewed Agenda Item VII, Public Hearing on a Request by All Saints Episcopal Church for a Specific Use Permit and Site Plan Approval on Property Located at 8 Prestige Circle. Although the Planning and Zoning Commission did not provide for a termination date of this specific use permit, discussion was held regarding ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 15, 1990 Present: Joe Farmer, Mayor (Arrived at 7:10 p.m.) Council Members: Rex Womack Jerry Wilson, Mayor Pro Tem Bobby Glass Jim Wolfe Alan Fyke Gary Edstrom City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary L,' 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 Pro Tem Wilson at 6:52 p.m. on Thursday, February 15, 1990, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Items (Agenda Item II) Mayor Pro Tem Wilson began the review of the Consent Agenda Items. Discussion was held regarding the establishment of a school zone on Timbercreek Drive along the southern boundary of Reed Elementary School. As development has taken place, this ordinance is necessary to establish the 20 mph school zone. There was no further discussion on this item. Mayor Pro Tem Wilson reviewed Agenda Item VI, Presentation to Rountree Elementary Pride Council. A copy of the proclamation is included in the packet for Council's review. Mayor Farmer will present the proclamation to Rountree Pride Council. There was no further discussion on this item. Mayor Pro Tem Wilson reviewed Agenda Item VII, Public Hearing on a Request by All Saints Episcopal Church for a Specific Use Permit and Site Plan Approval on Property Located at 8 Prestige Circle. Although the Planning and Zoning Commission did not provide for a termination date of this specific use permit, discussion was held regarding ALLEN CITY COUNCIL WORKSHOP SESSION FEBRUARY 15, 1990 PAGE 2 Discussion of Consent Agenda and Regular Agenda Items (Cont'd) (Agenda Item II) such designation. This would allow the original use of the building at time of vacation of All Saints Episcopal Church, but would also allow the use by the Church as long as needed. All necessary modifications have been made to the building to bring it into conformance with the specific use identification. There was no further discussion on this item. Mayor Pro Tem Wilson reviewed Agenda Item VIII, Withdraw Bid Award on Sewer Jet Truck and Consider Award to Next Low Bidder. Dave Whitehead, Public Works Director discussed the background of the sewer jet track award of bid. He informed the Council the low bidder made a miscalculation in his figures and is unable to deliver the truck as originally indicated. Although the City has the option of a lawsuit for delivery of goods, this may not be the best way to proceed because of the pressing need for the truck. Staff is recommending the second low bidder from Industrial Disposal Supply Company of Plano. There was no further discussion on this item. Mayor Pro Tem Wilson reviewed Agenda Item IX, Allocate Capital Funds for Walden Park Sewer Project. Dave Whitehead, Public Works Director, informed the Council of the sewer problems the Walden Park area has had in the past. Staff is asking for authorization to go out for bid in the changeout of the 8" sewer lines at Rivercrest to a 12" line. This will also reprioritize the Public Works priority ranking and budget. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item X, Consider Capital Improvement Projects for the Fiscal Year 1989-90 Using Remaining Bond Funds. There will be no projects coming forward on this item. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item XI, Other Business: Calendar. An updated calendar has been made available for Council for the month of February. Mayor Farmer reviewed Agenda Item XI, Other Business: Cable TV Name Change. Discussion was held regarding the accountability and financial responsibility regarding this change in name and how it may affect the citizens of Allen. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item XI, Other Business: Subcommittee Reports. The Finance/Administration Committee is requesting three topics from each councilman to be discussed during the Spring Planning Session to be turned in to Rex Womack this evening. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item XI, Other Business: Items of Interest to the Council. Richard Carroll, Police Chief, discussed an agreement authorized by the State of Texas and entered into by all police chiefs of Collin County whereby any property seized in police related occurrences will be returned to the participating department on ALLEN CITY COUNCIL WORKSHOP SESSION FEBRUARY 15, 1990 PAGE 3 Discussion of Consent Agenda and Regular Agenda Items (Cont'd) (Agenda Item II) an 80% basis, with 20% going to the District Attorney's office. Without such an agreement, basically all the funds would go to the state. The details of this agreement have been worked out by the police chiefs of Collin County with the financial details being handled by the City of Plano until final designation of funds is determined by the agreement. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item XII, Executive Session. There was no discussion on this item. Mayor Farmer reviewed Agenda Item XIII, Reconvene to Consider Action on Items Discussed During Executive Session. 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 7:25 p.m. on Thursday, February 15, 1990. REGULAR SESSION - 7:30 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 7:30 p.m. on Thursday, February 15, 1990, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen. Texas. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 15, 1990 CONSENT AGENDA PAGE 4 (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: I A. Approval of City Council Minutes of February 1, 1990 - Regular Session. B . Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Graham & Associates $410.00 For: Construction Staking on New Bridge. 1985 Street Bond Funds Period: Thru January, 1990 2. Graham & Associates $23,851.00 For: Engineering Design for FM 2170 From 5 to Allen Heights. 1985 Street Bond Funds Period: Thru January 1990 3. Deltatek Engineering $1,000.00 For: Completion of Specifications for Lucas 2 MG Reservoir. 1985 Water & Sewer Bond Funds Period: Thru November 1989 4. Holton - StanTech $300.00 For: Construction Testing. 1985 Water & Sewer Bond Funds Period: Thru January 22, 1990 5. Patco Utilities $37,575.55 For: Constrution Work. 1985 Water & Sewer Bond Funds Period: Jan 1 thru Jan 31, 1990 I ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 15, 1990 PAGE 5 CONSENT AGENDA (Cont'd) (Agenda Item V) 6. Cajun Contractors, Inc. $15,040.14 For: Engineering Services on Lucas Pump Station Flow Meter. 1985 Water/Sewer Bond Funds Period: Dec. 26, 1989 thru Jan. 25, 1990 Resolution No. 971-2-90(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1989 Tax Roll. D. Ordinance No. 972-2-90: An Ordinance of the City of Allen, Collin County, Texas, Amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed and Regula- tions," Section 9-137, of the Allen Code of Ordinances, and Article VI, Division 2, and Section 1-46, "Speed in School Zones; Signs in School Zones," of the Allen Vehicle and Traffic Code, Ordinance 259, as Previously Amended, of the City of Allen, Texas; Altering Established Zones; Altering Prima Maximum Speed Limits Established in Such Zones During Certain Periods on School Days; Defining Such Periods and "School Days;" Making it Unlawful to Pass Within School Zones; Providing Penalty Clauses, Severability Clauses and an Effective Date. The motion carried. End of Consent Agenda Presentation to Rountree Elementary Pride Council (Agenda Item VI) Mayor Farmer presented a Proclamation from the Office of the Mayor to Pride Council in honor of Rountree Elementary School's 15 years of service to the community. The proclamation recognized James Marion who has served as principal of D. L. Rountree Elementary for the entire 15 year period. A special 15th birthday celebration will be held at Rountree Elementary during the week of March 5 - 9, 1990 saluting Rountree Elementary's vital contribution to society by providing outstanding education for the children of Allen for these many years. Public Hearing on Request by All Saints Episcopal Church for a Specific Use Permit and Site Plan Approval on Property Located at 8 Prestige Circle (Agenda Item VII) ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 15, 1990 PAGE 6 Ordinance No. 973-2-90: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen as Previously Amended by Ordinance No. 368-10-81, so as to Attach a Specific Use Permit for a Church There- fore Restricting Suite 116 at 8 Prestige Circle of the Allen Business Centre Addi- tion to the City of Allen, Collin County, Texas, Presently Delineated on the Official Zoning Map as "PD -LI" Planned Development - Light Industrial No. 3; Providing for the Attachment of Exhibit "G" Site Plan; Providing for a Penalty; Providing for Termination of the Use; Providing for an Effective Date; and Providing for Publication of the Caption. (Agenda Item VII) Mayor Farmer read the request into the record as follows: "Public hearing on a request by All Saints Episcopal Church for a Specific Use Permit and site plan approval on property located at 8 Prestige Circle." Mr. Bruce Kleinschmidt, 1115 Matagorda, spoke before the Council representing the requestor on this specific use permit. There are presently 92 families who make up this church and they are pleased with the location and facility. The staff is to be complimented on their support during the planning of this project. 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. This church is in Suite 116 at No. 8 Prestige Circle which is in Planned Develop- ment No. 3, zoned for Light Industrial uses. Discussion was held regarding the taxable value of the property since it is now being used as a church. Because it is a lease property, the building will remain on the tax rolls as originally stated and the City will realize no change on the tax rolls. The following findings were brought forth from the Planning and Zoning Commission: 1. A church is an allowable use in a Light Industrial district by Specific Use Permit. L I ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 15, 1990 PAGE 7 Public Hearing on Request by All Saints Episcopal Church for a Specific Use Permit and Site Plan Approval on Property Lasted at 8 Prestige Circle (Cont'd) (Agenda Item VII) 2. Parking requirements are met by the existing parking lot. 3. The existing facility with minor changes meets the assembly use requirements of the City's codes. Discussion was held by Council regarding the placement of a time limit upon vacation of the property by the present requestor at which time the use will revert to its original use, that being, light industrial. 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 Ordinance No. 973-2-90 as previously captioned, to include a provision for termination of the use when All Saints Episcopal Church vacates the property, in accordance with Planning and Zoning Commission recommend- ation with the stipulation that the Specific Use Permit terminate upon vacation of All Saints Episcopal Church. The motion carried. Withdraw Bid Award on Sewer Jet Truck and Consider Award to Next Low Bidder (Agenda Item VIII) The City of Allen accepted the low bid for a sewer jet truck from Montgomery Municipal Supply on January 12, 1990. Because of a calculation error, Mr. Montgomery asked to withdraw his bid. Discussion was held regarding the $3,449 difference between the low bidder and the possible opportunity of pursuing this difference from the original low bidder through legal action. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Womack, the Council voted seven (7) for and none (0) opposed to withdraw the original award of bid to Montgomery Municipal Supply, Inc. of Austin, Texas and authorize the award of bid for a sewer jet truck to Industrial Disposal Supply Company of Plano, Texas, authorizing the City Manager to enter into a contract for purchase of such equipment, in accordance with staff recommendation, with a truck price of $57,790, a five year warranty addition of $1,055, for a total bid price of $58,845. The motion carried. Allocate Capital Funds for Walden Park Sewer Project (Agenda Item IX) For several months sewer back-ups have been reported in the Walden Park area. The basic source of the problems is the combination of two 8 -inch sewer lines draining into another 8" line on Rivercrest between Lake Ridge and Highway 5, filling over I II 1 ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 15, 1990 PAGE 8 Allocate Capital Funds for Walden Park Sewer Project (Cont'd) (Agenda Item IX) capacity and creating a blockage. The installation of the 12" line from Lake Ridge to Highway 5 in the existing R.O.W. will cost approximately $20,000. This project needs to be placed on the Water Bond Fund Priority Ranking list as follows: February 1990 Priority Ranking and Budget MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Glass, the Council voted seven (7) for and none (0) opposed to authorize staff to solicit for bids to install a 12" sanitary sewer line from Lake Ridge to Highway 5 in the existing R.O. W. of Rivercrest connecting to the existing 12 inch on Highway 5 at the approximate cost of $20,000 and placing this item as priority number 6 on the Public Works ranking list, in accordance with staff and Development Committee recommendation. The motion carried. Consider Capital Improvement Projects for the Fiscal Year 1989-90 Using Remaining Bond Funds (Agenda Item X) There was no action taken on this item. Calendar (Agenda Item XI -A) Mayor Farmer informed the Council of an addition to the Calendar for the month of February. This item was received as a matter of information. There was no action taken on this item. COST TO RUNNING FUNDS PROJECT COMPLETE TOTAL REMAINING 1. Finish McDermott Utility 15,709 15,709 361,189 2. Paint Lucas Water Tower 69,951 85,659 291,238 Engineering 4,545 90,205 286,693 3. High Point Sewer 47,983 138,188 238,710 4. Developer Reimbursements 38,472 176,659 200,238 5. Telemetry Program: Phase I 42,681 219,340 157,558 Engineering 4,000 223,340 153,558 6. Walden Park Sewer Line 20,000 243,340 133,558 7. Paint Hillside Tank 77,600 320,940 55,958 8. Telemetry Program: Phase 2 94,400 415,340 (38,442) 9. Emergency Reserve 20,000 435,340 (58,442) MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Glass, the Council voted seven (7) for and none (0) opposed to authorize staff to solicit for bids to install a 12" sanitary sewer line from Lake Ridge to Highway 5 in the existing R.O. W. of Rivercrest connecting to the existing 12 inch on Highway 5 at the approximate cost of $20,000 and placing this item as priority number 6 on the Public Works ranking list, in accordance with staff and Development Committee recommendation. The motion carried. Consider Capital Improvement Projects for the Fiscal Year 1989-90 Using Remaining Bond Funds (Agenda Item X) There was no action taken on this item. Calendar (Agenda Item XI -A) Mayor Farmer informed the Council of an addition to the Calendar for the month of February. This item was received as a matter of information. There was no action taken on this item. I A, ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 15, 1990 PAGE 9 Cable T.V. Name Change (Agenda Item XI -B) Effective February 12, 1990, Communications Services, Inc. will begin doing business as TCI Cablevision of Texas, Inc. Communications Services, Inc. will remain the correct corporate legal entity but the system will be conducting its business as TCI Cablevision of Texas, Inc. This item was received as a matter of information. There was no action taken on this item. Committee Reports: Finance/Administration (Agenda Item XI -C) Council was asked to submit to the committee three topics of discussion for the Spring Planning Session. Development There were no items for discussion. Services There were no items for discussion. Items of Interest to Council (Agenda Item XI -D) Jon McCarty, City Manager, discussed the upcoming Dallas Symphony 10K run which is routed through Allen on Saturday, March 3. It was noted that the financial audit recently completed for FY 1988-89 came in with a cost reduction of $1500 due to in-house response and cooperation. The Council complimented the Finance Director for the fine job the Finance Department had done. Executive Session (Agenda Item XII) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(f), and 2(g), the Allen City Council convened into Executive Session at 8:09 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to Personnel Evaluations and Disposition of Texins Property. The Executive Session was adjourned at 9:47 p.m. Reconvene (Agenda Item XIII) The Allen City Council reconvened into regular session at 9:47 p.m. on Thursday, February 15, 1990, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 15, 1990 Adiourn PAGE 10 (Agenda Item XIV) MOTION: Upon a motion made by Councilman Fyke and seconded by Councilman Edstrom, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:48 p.m., on Thursday, February 15, 1990. The motion carried. These minutes approved on the 1st day of March, 1990. APPROVED: ��crcLL_ J6e Farmer, MAYOR ATTEST: JuQA/Morrl"n, CITY SECRETARY