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Min - City Council - 1991 - 07/18 - RegularALLEN CITY COUNCIL REGULAR MEETING JULY 18, 1991 Present: Joe Farmer, Mayor Council Members: Kevin Lilly Mickey Christakos David Bishop Mike Nichols Steve Terrell Gary Edstrom, Mayor Pro Tem City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary 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 6:45 p.m. on Thursday, July 18, 1991, 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. Discussion was held regarding certain bills on the capital improvement program. Bill #4 and #5 have already been budgeted for in the special use facility budget. Council has already seen this budget prior to this time. Discussion for clarification was held regarding the schedule of taxes receivable as of June 30, 1991. It was suggested that the Finance Administration Committee review this format to see if it might be able to be clarified. Clarification was also sought on the adjustment and refund to the 1986, 1987, 1988, 1989 and 1990 tax rolls for Billy C. Armstrong. Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. No one was aware of any citizens who wished to speak this evening. Mayor Farmer reviewed Agenda Item VII, Administer Oaths -of -Office and Present Certificates of Appointment to Reappointed and Newly Appointed Members of City Boards. Judy Morrison, City Secretary, informed Council of certain individuals who were not expected to be here this evening. A large group will be available for the oath -of -offices and certificates of appointment. ALLEN CITY COUNCIL WORKSHOP SESSION JULY 19, 1991 PAGE 2 Mayor Farmer reviewed Agenda Item VIII, Present Plaques -of -Appreciation to Outgoing Member of City Boards. Don Nugent will be present tonight to receive his plaque of appreciation. Richard Saunders is not able to attend and will be at the August 1, 1991 meeting. Eileen Karlsruher has moved out of the area and will be sent her plaque -of - appreciation. Mayor Farmer reviewed Agenda Item IX, Public Hearing on a Request to Amend the Zoning Regulations on Tract 1 of Planned Development No. 46 to Include a Fitness Training Center, More Particularly Described as Being Located at 608 S. Jupiter, South of Allen Church of Christ as Requested by Jack Bolowskie and Consider an Ordinance Effecting This Change. The request on this property is threefold: to amend the present zoning, to cancel the existing site plan, and to approve a new site plan. Although a day care center is an allowable use on the property at this time, a fitness training center is not allowed; therefore, the use regulations need to be amended to include the fitness training center. If this facility is not built within one year, the zoning will revert to its original status. Discussion was held regarding the additional parking needed for a fitness center. Also, the dumpster requirement was discussed. The owner does not plan to use a dumpster, but intends to use cans for front curb pick-up. Mayor Farmer reviewed Agenda Item X -A, Presentation of City's Emergency Management Plan. Ron Gentry and Craig Gillis will be present for the regular meeting to discuss this item. The annexes will be available for Council review if desired. Discussion was held regarding shelters in the City of Allen. Mayor Farmer reviewed Agenda Item X -B, Consider Changes in the Allen Substance Abuse Prevention Bylaws. The Services Subcommittee has reviewed this agenda item. The bylaws are quite elementary; however, the program for the year for Allen Substance Abuse Prevention may need additional attention. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:35 p.m. on Thursday, July 18, 1991. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:39 p.m. on Thursday, July 18, 1991, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item V) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, 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 City Council Minutes of June 11, 1991 - Quarterly Subcommittee Workshop. B. Approval of City Council Minutes of June 19, 1991 - Budget Workshop. ALLEN CITY COUNCIL REGULAR SESSION JULY 19, 1991 PAGE 3 C. Approval of City Council Minutes of June 20, 1991 - Regular Meeting. D. Approval of City Council Minutes of July 4, 1991 - Regular Meeting. E. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Joe Hix Company $4,502.50 For: Backhoe, Truck and Manpower 1985 Street Bond Funds Period: Thru June 1991 2. Burk Asphalt Repair & Paving $420.00 For: Lay Down Machine & Operators 1985 Street Bond Funds Period: Thru June 19, 1991 3. J&H Trucking Service, Inc. $448.00 For: Trucking Service 1985 Street Bond Funds Period: Thru June 19, 1991 4. Alpha Testing, Inc. $3,375.00 For: Professional Services Associated with Engineering of Allen Special Use Facility 1985 Park Bond Funds Period: Thru May -June 1991 S. Carter & Burgess, Inc. $14,036.51 For: Professional Services Associated with Planning of Allen Special Use Facility 1985 Park Bond Funds Period: Thru May -June 1991 6. OK Sand & Gravel $665.00 For: Concrete Work 1985 Street Bond Funds Period: Thru April -June Billings 7. Farris Concrete $81.37 For: Porch Step @ Old Library Renovation 1985 Interest Earned Funds Period: Thru June 25, 1991 8. Farris Concrete $290.63 For: Purchase of Concrete 1985 Street Bond Funds Period: Thru June 25-26, 1991 ALLEN CITY COUNCIL REGULAR SESSION JULY 18, 1991 PAGE 4 9. Gohmann Asphalt $1,053.00 For: Paved Parking Lot Renovation Old Library 1985 Interest Earned Funds Period: Thru June 18, 1991 10. Gohmann Asphalt $2,176.71 For: Purchase Hot Mix 1985 Street Bond Funds Period: Thru June 1991 11. J & H Truck Service, Inc. $1,968.00 For: Hauling for Rivercrest and Lakeridge 1985 Street Bond Funds Period: June 28 thru July 3, 1991 12. Farris Concrete $99.00 For: Concrete for FM2170 and Hillside 1985 Street Bond Funds Period: Thru July 10, 1991 13. Elf Asphalt $181.20 For: Purchase of MS -1 for Alleys 1985 Street Bond Funds Period: Thru July 8, 1991 14. W. W. Grainger, Inc. $67.71 For: Telemetry 11 Parts 1985 Water/Sewer Bond Funds Period: Thru July 7, 1991 15. Farris Concrete $139.50 For: Concrete for Inlets 1985 Street Bond Funds Period: Thru July 9, 1991 16. Lattimore Materials $275.73 For: Base for Anna Dr. and Coats 1985 Street Bond Funds Period: Thru July 8, 1991 17. Euless Excavating, Inc. $2,924.00 For: Working Base 1985 Street Bond Funds Period: Thru July 15, 1991 I I ALLEN CITY COUNCIL REGULAR SESSION JULY 18, 1991 PAGE 5 18. OK Sand & Gravel $297.50 For: 8.5 Hours of Tractor Grading work on 2 - John Garcia Keith 6/30/93 Place No. 1985 Street Bond Funds Judith Seale Expires: Period: Thru July 11, 1991 Place No. 19. Lattimore Materials $1,091.46 6/30/93 For: Base for Anna Drive and Coats 6 - Douglas Gallagher 1985 Street Bond Funds 6/30/93 Period: Thru July 3, 1991 20. Farris Concrete $99.00 For: 2 yds Concrete for Hwy 5 and Ridgemont 1985 Street Bond Funds Period: Thru July 5, 1991 21. Lattimore Materials $2,731.63 For: 10 Loads of #1 Base, Kenefic 1985 Street Bond Funds Period: Thru July 2, 1991 22. W. W. Grainger, Inc. $173.26 For: Relays and Indicating Lamps 1985 Water/Sewer Bond Funds Period: Thru June 27, 1991 The motion carried. End of Consent Agenda Citizens' Comments (Agenda Item VI) There were no citizens' comments. Administer Oaths -of -Office and Present Certificates of Appointment to Reappointed and Newly Appointed Members of City Boards (Agenda Item VII) City Secretary, Judy Morrison, administered the oath -of -office to the following newly appointed and reappointed members of the Planning and Zoning Commission, Library Board and Board of Adjustment: Planning and Zoning Place No. 2 - John Garcia Expires: 6/30/93 Place No. 3 - Judith Seale Expires: 6/30/92 Place No. 4 - Noel Crume Expires: 6/30/93 Place No. 6 - Douglas Gallagher Expires: 6/30/93 L ALLEN CITY COUNCIL REGULAR SESSION JULY 18, 1991 Place No. 1 - Place No. 4 - Library Board Rhonda Palmer Expires: 6/30/93 Board of Adjustment Steve Allen Expires: 9/30/92 PAGE 6 Oaths -of -office had been previously been administered to the following members of the Library Board: Library Board Place No. 3 - Mary Walker Expires: 6/30193 Place No. 5 - Don Wilson Expires: 6/30193 The following individuals will receive their oaths -of -office at another time: Library Board Place No. 7 - Betty Matthews Expires: 6130/93 Board of Adjustment Alternate No. 2 - Jeff Cocking Expires: 6130192 Mayor Farmer presented Certificates of Appointment to all newly appointed and reappointed members of the various city boards. Present Plaque -of -Appreciation to Outgoing Member of City Boards (Agenda Item VIII) Mayor Farmer presented a plaque -of -appreciation to Donald P. Nugent, Jr. for his years of service to the Library Board (June 1985 to June 1991) and extended the gratitude of the Council for his service in this capacity. Public Hearing and Ordinance No. 1040-7-91 (Agenda Item IX) Public Hearing: Public Hearing on a Request to Amend the Zoning Regulations on Tract 1 of Planned Development No. 46 to Include a Fitness Training Center, More Particularly Described as Being Located at 60B Jupiter, South of Allen Church of Christ as Requested by Jack Bolowskje and Consider an Ordinance Effecting This Cbange. ALLEN CITY COUNCIL REGULAR SESSION JULY 18, 1991 PAGE 7 Ordinance No. 1040-7-91: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development -Community Facilities No. 46 (PD -CF NO. 46) Zoning Ordinance No. 802-8-87 to Include the Attachment of Exhibit "E Amended," Approved Site Plan with One -Year Time Limit, For Development of a Day Care Center to Amend the Use Regulations to Include a Fitness Training Center with a Definition, and to Repeal Ordinance No. 1006-10-90, Including Exhibit "E" on a .9982 Acre Tract Out of the William Perrin Survey, Abstract No. 708, Collin County, Texas, Presently Delineated on the Official Zoning Map as a Portion of PD -CF NO. 46; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. This property is Tract I of Planned Development - Community Facilities No. 46 which was zoned in 1987. The City Council approved a site plan for a day care center on Tract I in 1990, which was never constructed because financing was not obtained. Mr. Bolowskie has requested that the use regulations be amended to include a fitness training center. He is also seeking to amend the site plan. It is Mr. Bolowskie's intent to provide after school care and martial arts training at the same facility. The site plan has been reviewed and approved by the fire marshal. Parking and landscape requirements have been satisfied. A dumpster is not a requirement in the site planning process and the proponent indicates he is not desiring one at this time. Mayor Farmer opened the Public Hearing and asked for anyone speaking either for or against the request to do so at this time. Jack Bolowskie, 547 Fisher Drive, Allen, TX, spoke before the council regarding the dual function of the lot. His intent is to provide before and after school care for school aged children and provide a fitness center in the evenings for those interested in martial arts. The facility may also be used by the community if so needed. With no one else speaking either for or against the request, Mayor Farmer closed the Public Hearing. The proponent agreed to the following stipulations requested by the Planning and Zoning Commission: 1. Landscaping to have automatic sprinklers. 2. Building permit to be requested within one year from City Council approval L of the site plan or the site plan shall become null and void. 3. The square footage of the building to be shown on the site plan. I I ALLEN CITY COUNCIL REGULAR SESSION JULY 19, 1991 Planning and Zoning Commission Findings: 1. The use is compatible. PAGE 8 2. The parking requirements were discussed and were determined to be satisfactory because of the nature of the use. 3. All city requirements were met. 4. Definition of Fitness Training Center as stated by city staff was acceptable. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Edstrom, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1040-7-91 with the above stipulations as recommendations from the Planning and Zoning Commission. The motion carried. Presentation of CitY's Emergency Management Plan (Agenda Item X -A) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to remove "Presentation of City's Emergency Management Plan" from the table. The motion carried. Ron Gentry, Fire Chief discussed the need for the City of Allen to have an emergency management plan in effect. This is not a Collin County mutual aid program. The basic plan has been adopted but the annexes have not been approved by the State. In order to comply with State regulations, it may be necessary to go through the formalities of adopting a Collin County plan in total but in reality use the plan that we have set forth here tonight. During times of tension, certain areas will be designated as shelter areas. Otherwise, those areas in unaffected crises zones will be designated as shelter area during the time of crises. Exercises will take place in the future to review everyone's role in an emergency situation. There was no action taken on this item. Administer Oaths -of -Office and Present Certificates of Appointment to Reappointed and Newly Appointed Members of City Boards (Agenda Item VII) Due to the arrival of another individual appointed to a City Board, City Secretary, Judy Morrison, administered the oath -of -office to the following newly appointed member of the Park Board. r0ny:L.':S': 1 Place No. 3 - Gordon McIntyre Expires 9130192 The Mayor presented a Certificate of Appointment to Gordon McIntyre. PAGE 9 Consider Changes in the Allen Substance Abuse Prevention Bylaws (Agenda Item X -B) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. Joel Blaylock, Director of Substance Abuse Prevention office in the City of Allen discussed this item with the Council. There are three areas needing adjustment to the bylaws: the manner in which steering committee members are selected, lengthening the number of terms committee members can serve, and the number of times the ASAP Council would meet per year. The Allen Independent School District Board of Directors has already approved these bylaws with the changes as submitted. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to amend the ASAP bylaws as presented to adjust the manner in which the steering committee members are selected, to lengthen the number of terms steering committee members can serve, and to review the number of times the �e ASAP Council would meet per year. The motion carried. Ej Council recessed for ten minutes. ® Consider Hours of Operation Proposal (Agenda Item XI) Jon McCarty, City Manager, discussed the proposed hours of operation change for City Hall. He indicated that these new hours would meet the needs of the citizens in the community. An evaluation will be done at the close of the trial program. This evaluation might include comments from citizens as well as hard information on numbers of people using City Hall during that period of time. The evaluation is to include comments from employees. City Hall operations will be open until 6:00 p. m. five days a week from August 5 to November 29. There was no action taken on this item. Financial Report (Agenda Item XII) Charlotte Smith, Finance Director, reviewed the quarterly financial report with the council for the period ending June 30, 1991. The general fund reflects revenues over expenditures of $244,136. Overall, revenues collected as a percent of budget are 75.50% and expenditures are 67.16%. The water and sewer fund has revenues of $2,338,506 and operating expenses of $1,830,519 for a net income of $507,987. Water sales are 55.43% of budget and sewer charges are 69.24% of budget. This report was for information purposes only. No council action was required on this item. Other Business: I ALLEN CITY COUNCIL, REGULAR SESSION JULY 19, 1991 PAGE 9 Consider Changes in the Allen Substance Abuse Prevention Bylaws (Agenda Item X -B) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. Joel Blaylock, Director of Substance Abuse Prevention office in the City of Allen discussed this item with the Council. There are three areas needing adjustment to the bylaws: the manner in which steering committee members are selected, lengthening the number of terms committee members can serve, and the number of times the ASAP Council would meet per year. The Allen Independent School District Board of Directors has already approved these bylaws with the changes as submitted. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to amend the ASAP bylaws as presented to adjust the manner in which the steering committee members are selected, to lengthen the number of terms steering committee members can serve, and to review the number of times the �e ASAP Council would meet per year. The motion carried. Ej Council recessed for ten minutes. ® Consider Hours of Operation Proposal (Agenda Item XI) Jon McCarty, City Manager, discussed the proposed hours of operation change for City Hall. He indicated that these new hours would meet the needs of the citizens in the community. An evaluation will be done at the close of the trial program. This evaluation might include comments from citizens as well as hard information on numbers of people using City Hall during that period of time. The evaluation is to include comments from employees. City Hall operations will be open until 6:00 p. m. five days a week from August 5 to November 29. There was no action taken on this item. Financial Report (Agenda Item XII) Charlotte Smith, Finance Director, reviewed the quarterly financial report with the council for the period ending June 30, 1991. The general fund reflects revenues over expenditures of $244,136. Overall, revenues collected as a percent of budget are 75.50% and expenditures are 67.16%. The water and sewer fund has revenues of $2,338,506 and operating expenses of $1,830,519 for a net income of $507,987. Water sales are 55.43% of budget and sewer charges are 69.24% of budget. This report was for information purposes only. No council action was required on this item. Other Business: I I I I ALLEN CITY COUNCIL REGULAR SESSION JULY 19, 1991 PAGE 10 Calendar (Agenda Item XIII -A) July 23 Economic Development Policy and Oversight Committee to be rescheduled. August 22 Public Hearing on the Budget at 7:00 p.m. Subcommittee Reports and Assignments (Agenda Item XIII -B) Finance/ Administration Subcommittee Budget retreat is being finalized. Study being done on Southwestern Bell requested increase. Services Subcommittee Discussions being held regarding rebid of solid waste contract and goals and workplan for substance abuse prevention department. Economic Development Subcommittee Report on Allen Business Development Day. 1/2 cent sales tax reviewed. Development Subcommittee None. Mayor Subcommittee Communications discussion regarding Municipal Messenger, Intecom interface and Newcomer's package. Legislative Update (Agenda Item XIII -C) None. Items of Interest (Agenda Item XIII -D) Bill Petty, Community Development Director, discussed a special use permit request by Calvary Baptist Church in the building previously occupied by Mario's Restaurant. Adjourn (Agenda Item XIV) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:49 p.m., on Thursday, July 18, 1991. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION " JULY 18, 1991 PAGE 11 These minutes approved on the 1st day of August, 1991. ATTEST: J Q i6dy Mo on, CITY SECRETARY I APPROVED: 7� C 070— — ce Farmer, MAYOR