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Min - City Council - 1991 - 11/07 - RegularALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 7, 1991 Present: Joe Farmer, Mayor Councilmembers Kevin Lilly Mickey Christakos (arrived at 6:49 p.m.) 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 Councilmembers present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:47 p. m. on Thursday, November 7, 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 the ordinance increasing library fines and fees. The rates stated in the ordinance seem to be a happy medium by which people would be encouraged to return books in a timely manner. Discussion was held regarding a public hearing on a request to annex 149± acres of land. This piece of property would officially be annexed into the City of Allen prior to January 1, 1992. Discussion was also held regarding the bid for a sewer flowmeter for the Public Works Department. The lap top computer and sensor mounting bands were bid as separate items since they were needed to complete the entire flowmeter project. However, research shows that those two items will be able to be purchased separately at a much more reasonable cost. Therefore, only the flowmeter and data management software will be recommended on this bid package. ALLEN CITY COUNCIL WORKSHOP SESSION NOVEMBER 7, 1991 PAGE 2 Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. A boy scout troop will be present at the meeting to view a City Council meeting in order to earn a badge. Mayor Farmer will introduce the troop to the audience. Mayor Farmer reviewed Agenda Item VII -A, Public Hearing on a Request to Rezone .88 Acres of Land to Community Facilities (CF) Located on Exchange Parkway West of Allen Heights Drive and Consider Ordinance Effecting this Change. Concerns have been voiced on this particular item with regard to parking and building materials. Mayor Farmer reviewed Agenda Item VII -B, Continuance of Public Hearing on the Capital Improvement Plan and the Impact Fee Ordinance. A workshop has been set for December 2 at 7:00 p.m. to continue discussions regarding the Development Impact Fee. The city's bond agent will be preparing information relevant to this topic for review by the council. The public hearing is able to be closed this evening. That would allow the council 30 days in which to adopt the ordinance. Mayor Farmer reviewed Agenda Item XI, Approve the Substance Abuse Prevention Office Yearly Work Plan. Discussion was held regarding the D -FY -IT Program. Discussions will be held with all entities involved to clarify the direction of this program during the 1991-1992 fiscal year. Mayor Pro Tem Edstrom reviewed Agenda Item XIII, Report on School Zone Time Changes. The AISD has been contacted and feels that this is a proper step to take regarding shortening the school zone times. It will now be similar to other school zones in area cities. Mayor Pro Tem Edstrom reviewed Agenda Item XIV -A, Proposed Cable TV Rate Increase. The Finance Administration Committee will be meeting with representatives with TCI Cablevision of Texas, Inc. to discuss this particular request along with service quality offered to the citizens of Allen. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:30 p.m. on Thursday, November 7, 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 7:35 p. m. on Thursday, November 7, 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: EA. Approval of City Council Minutes of October 17, 1991 - Regular Session. I ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1991 PAGE 3 B. Approval of Minutes of October 21, 1991 - City Council/ Development Impact Advisory Committee Special Called Joint Workshop. C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Alpha Testing $1,128.50 For: Testing and Picking Up Soil at Allen Special Use Facility 1985 Park Bond Funds Period: October 13,18,21,25, 1991 2. ATR Systems, Inc. $3,000.00 For: Roofing Old Police Building Interest Earned Bond Funds Period: September 1991 3. Architectural Utilities, Inc. $167,494.50 For: Special Use Facility on Site Construction 1985 Park Bond Funds Period: October 1991 D. Approve Resolution Authorizing Participation in the Collin County Purchasing Forum. Resolution No. 1056-11-91(R): A Resolution of the City Council of the City of Allen, Texas, Approving the Terms and Conditions of an Interlocal Agreement by and between the City of Allen, Texas and Participants in the Collin County Governmental Purchasers Forum Providing for a Cooperative Purchasing Program for Goods and Services; Designating the City Manager or his Designee as Official Representative of the City in Matters Relating to the Program; and Authorizing the City Manager, or his Designee to Execute; and Providing an Effective Date. Adopt an Ordinance Increasing Library Fines and Fees. Ordinance No. 1057-11-91: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 429-2-83, as Previously Amended by Ordinance No. 721-8-86, and Chapter 7, Article I, Section 7-2, of the Allen Code of Ordinances by Providing a Schedule of Fines and Fees to be Charged for the Late Return, Loss or Damage of Library Materials; Providing for Appropriate Procedures to be Followed in those Cases Where Overdue Library Materials have not been Returned; and Providing for an Effective Date. 11 0 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1991 PAGE 4 F. Set November 21, 1991, as Public Hearings Date on a Request to Annex 149± acres of Land Located South of SH 121 and East of Proposed Rowlett Road. G. Set December 5, 1991, as Public Hearing Date on Request to Amend Zoning by Changing the Use Regulations Allowing Certain Variances and Site Plan Approval on 37 Acres of Land Located East of Jupiter Road and North of Cottonwood Bend North Addition as Requested by Wilbow Peck Corporation. H. Award Bid for a Sewer Flowmeter for Public Works Department and Authorize Purchase of Related Equipment. The bid for the Flowmeter and the Data Management Software for the Flowmeter in the Water and Sewer Department was awarded to the low bidder, Marsh-McBirney, Inc. for $7,090. The lap top computer and sensor mounting bands will be purchased separately for a total not to exceed$1,910. These purchases will fall within the $9,000 budgeted for the total package. 1. Authorize use of Water and Sewer Bond Funds to Construct a Portion of the 12" Water Line Adjacent to the Special Use Facility. The water line from the driveway to the north end of the Texins Park Project shall be completed at a cost of $11,315 from water and sewer bond funds. The following is a priority ranking and budget for 1991: PROJECT COST TO RUNNING FUNDS COMPLETE TOTAL REMAINING $72,167.32 $38,472.00 $38,472.00 $33,695.32 13,049.56 51,521.56 20,645.76 11,315.00 62,836.56 9,330.76 72,167.32 9,330.76 0 BALANCE 1. Developer Reimbursements 2. Telemetry Program: Phase 2 3. Texins Water Line 4. Emergency Reserve COST TO RUNNING FUNDS COMPLETE TOTAL REMAINING $72,167.32 $38,472.00 $38,472.00 $33,695.32 13,049.56 51,521.56 20,645.76 11,315.00 62,836.56 9,330.76 72,167.32 9,330.76 0 I� ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1991 PAGE 5 Adopt an Ordinance Establishing a School Cross Walk on Bethany Road at Ridgemont. Ordinance No. 1058-11-91: An Ordinance of the City of Allen, Texas, Amending Chapter 9, "Motor Vehicles," Division 2, "Speed Regulations," Section 9-137, of the Allen Code of Ordinances, and Article VI, Division 2, Section 1-46, "Speed in School Zones; Signs in School Zones," of the Allen Vehicle and Traffic Code, Ordinance No. 259, as Previously Amended; 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 Citizen's Comments (Agenda Item VI) Charles House, Troop Master for Troop #306 Boy Scouts, presented his troop to the Council who introduced each troop member. Troop #306 visited the City Council meeting to work toward merit badges. Rodrick Parr, 914 Wandering Way, spoke before the Council. He stated that he would like to see the results of bid invitations in the newspaper. He also had concerns with faded street signs, pot holes, storm drainage being stopped up, the lack of police patrol in neighborhoods and the rash of home burglaries. Public Hearing on a Request to Rezone .88 Acres of Land to Community Facilities (CF) Located on Exchange Parkway West of Allen Heights Drive and Consider Ordinance Effecting this Change (Agenda Item VII -A) Bill Petty, Director of Community Development, spoke before the Council regarding the zoning request by the Church of Christ on a piece of property located south of Exchange Drive, west of Allen Heights Drive and adjacent to Fire Station #2. The property is currently zoned Agriculture -Open Space (A -O) and the request is for the property to be rezoned to Community Facilities (CF). Planning and Zoning findings include the following: 1. The uses in the CF district are compatible with adjoining property. 2. The CF district represents the highest and best use of this property ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1991 PAGE 6 Bruce Caskey spoke before the Council regarding the development of this property. It is the intent of the developer to construct a brick building to worship in. Mayor Farmer opened the Public Hearing and asked for anyone either for or against the request to do so at this time. Hans Roodschild, 311 Bonham Drive, spoke in favor of the request. Rodrick Parr, 914 Wandering Way, spoke in favor of the request. With no one else speaking either for or against the request, Mayor Farmer closed the Public Hearing. Ordinance No. 1059-11-91: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-011-87, as Heretofore Amended, so as to Change the Zoning on .88 Acres of land to Community Facilities (CF); Therefore Restricting Tract 4 of Abstract 324, of the City of Allen, Collin County, Texas, Further Described as Being Located on Exchange Parkway West of Allen Heights Drive, Allen, Texas; Presently Delineated on the Official Zoning Map as Agriculture -Open Space (A -O); Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1059-11-91 as previously captioned and in accordance with Planning and Zoning Commission recommendation. The motion carried. Continuance of Public Hearing on the Capital Improvement Plan and the Impact Fee Ordinance (Agenda Item VII -B) Dave Whitehead, Public Works Director, discussed the Impact Fee Analysis Report which was distributed to the Council. Mayor Farmer also reviewed the background of the Impact Fee process and that this would be a continuation of the Public Hearing. Mayor Farmer reopened the Public Hearing and asked for anyone speaking either for or against the request to do so at this time. Alex Nestor, 1000 Sandy Trail, spoke in favor of the Impact Fee ordinance. He felt it was not the present homeowner's responsibility to subsidize those individuals moving into the area. Developers need to include these fees in their building costs. Rodrick Parr, 914 Wandering Way, spoke in favor of the request. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1991 PAGE 7 MOTION: With no one else speaking either for or against the request, upon a motion made by Mayor Pro Tem Edstrom and seconded by Councilmember Christakos, the Council voted (7) for and none (0) opposed to close the Public Hearing. The motion carried. Council has thirty days from this date to act on the Impact Fee Ordinance presented to Council. The ordinance will be placed on the December 5 agenda for finalization. Adopt a Resolution Casting Ballots for Nominee(s) for Board of Directors of Central Appraisal District of Collin County (Agenda Item VIII) Members of the Board of Directors of the Central Appraisal District (CAD) of Collin County are elected by the governing bodies of all taxing jurisdictions within the county. The City of Allen is authorized to cast 104 votes for any individual candidate. Donald P. Rodenbaugh has been nominated by the Allen City Council by Resolution No. 1051-9-91(R) . Resolution No. 1060-11-91(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Casting Ballots for the Board of Directors for the Central Appraisal District of Collin County in Accordance with Section 6.03 (g) of the State Property Tax Code, and Directing that the City Secretary Notify Interested Parties of Said Action. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Resolution 1060-11-91(R) as previously captioned. The motion carried. Accept the Strategic Planning Goals and Objectives FY 1991-92 (Agenda Item IX) City Manager Jon McCarty discussed the background and development of the goals and objectives with the Council. Michael Stanger, Assistant to the City Manager, also discussed the project which began last April with the spring planning session. The goals are intended to express a level of achievement in response to a given issue. Council subcommittees will be using these goals and objectives to identify the issues and projects they will consider this next fiscal year. It is intended that subcommittees will receive a full progress report on the strategic objectives every ninety days. MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Edstrom, the Council voted seven (7) for and none (0) opposed to accept the goals and objectives of the strategic plan as a management document for the fiscal year 1991-92 for the City of Allen. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1991 Council took a brief recess. PAGE 8 Adopt a Resolution Authorizing Application to the Texas Water Development Board to Participate in the State Revolving Fund and Approve Projects to be so Funded (Agenda Item X) years: The following water and sewer projects need to be completed over the next couple of 1. The relocation of utilities on FM 2170 East prior to the roadway construction of FM 2170 East. ($100,000) 2. The relocation of utilities on Highway 5 prior to construction of Highway S. ($200,000) 3. The relocation of utilities on Highway 75 prior to construction of Highway 75. ($200,000) 4. The elimination of a lift station on Chaparral which will be cost saving objective. ($100,000) 5. The elimination of two (2) lift stations on Ridgemont as a cost saving objective. ($120,000) 6. The paralleling of the Cottonwood Creek sewer line because of capacity. ($500,000) 7. The reconstruction of a 12" aerial crossing on the middle branch of Rowlette Creek near S. H. 121. ($30,000) Funding for these projects can be done through the Texas Water Development Boards state revolving fund. The interest on these bond funds would be a considerable savings to what the city has available at the present time. In order to begin the process for applying for a loan through this program the city first must schedule a pre -application conference to discuss the project's eligibility. This requires the presence of the applicant, a financial advisor and a consulting engineer. After the meeting, the application is submitted formally to the Texas Water Development Board. Resolution No. 1061-11-91(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Directing City Staff to Make Application to the Texas Nater Development Board for Funding Through the State Revolving Fund for Certain Nater and Sewer Projects and to Engage a Consulting Engineer and Financial Advisor as Required to Make Said Application. MOTION: Upon a motion made by Councilmember Lflly and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve LResolution No. 1061-11-91(R) as previously captioned. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1991 PAGE 9 Approve the Substance Abuse Prevention Office Yearly Work Plan (Agenda Item XI) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to table the ASAP Yearly Work Plan. The motion carried. Approve Ordinance Repealing the "Pool Hall" Ordinance (No. 71) and Amending the "Coin Operated Machine" Ordinance (No. 393-5-82) (Agenda Item XII) Richard Carroll, Police Chief, discussed the background for the update of the ordinance regarding coin operated machines and pool halls. The Services Subcommittee considered this information and is recommending that Allen's ordinance be updated to allow play of coin operated machines by adults at any time they choose and that persons under 17 should have certain restrictions. The ordinance also would repeal any pool hall regulations. Ordinance No. 1062-11-91: An Ordinance of the City of Allen, Collin County Texas, Repealing Ordinance No. 71 and Article VI, Chapter 8, of the Code of Ordinances, City of Allen, Texas, and Amending Section 14 of Ordinance No. 393-5-82 and Section 8-39, Division 2, Article II, Chapter 8 of the Code of Ordinances of the City of Allen, Texas; Providing a Severability Clause; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Ordinance 1062-11-91 as previously captioned, in accordance with Services Subcommittee recommendation. The motion carried. Report on School Zone Time Changes (Agenda Item XIII) At the present time all school zones in the AISD have been posted for times that are two (2) hours long. It is being suggested that morning speed zones be one (1) hour and afternoon speed zones be one and one-half (112) hours with elementary school having a lunch zone of one (1) hour. This would still allow students to have adequate time to get to school and also increase the traffic handling capability of the roadways. This item was for information purposes only. No council action was taken. I ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1991 PAGE 10 Other Business: Proposed Cable TV Rate Increase (Agenda Item XIV -A) The City of Allen received notification from TCI Cablevision of Texas, Inc. of their intention to increase rates effective January 1, 1992. Listed below is the current and proposed rates to take effect: CURRENT PROPOSED PER CENT( RATE RATE CHANGED BASIC: $17.95 $18.95 5% EXPANDED BASIC: $2.00 $2.50 25% PREMIUM CHANNELS: NO CHANGE TRANSFER FEES: $60.00 $40.00 (33%) Finance/ Administration Committee will be meeting with the cable TV representative Eto discuss this rate increase as well as other concerns regarding cable TV in Allen. Calendar (Agenda Item XIV -B) November 14 Delete Development Impact Fee Workshop 7:00 p.m. December 2 Development Impact Fee Workshop 7:00 p.m. Subcommittee Reports (Agenda Item XIV -C) Finance/Administration: A meeting will be held November 25 to discuss car allowance. Services: Discussions are being held regarding solid waste. Economic Development: Discussions are being held regarding Economic Development funding. Development: Discussions are being held regarding naming of the Special Use Facility. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 7, 1991 PAGE 11 Items of Interest (Agenda Item XIV -D) • Dave Whitehead, Public Works Director, reviewed with the Council a proposed change to the rules and regulations for public water systems as published in the October 11, 1991 issue of the TEXAS REGISTER. A letter will be drafted under the Mayor's signature in opposition to this proposed change. • The Allen Eagle Escadrille will be participating in statewide finals in Austin, Texas on Monday -- 1:00 p.m. for preliminaries and 7:30 p.m. for finals. They will be leaving the high school parking lot at 9:00 a.m. Sunday morning and returning Tuesday at 5:00 p.m. Council expressed their best wishes and support in this effort. Adjourn (Agenda Item XV) MOTION: Upon a motion made by Councilmember Terrell 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 9:15 p.m., on Thursday, November 7, 1991. The motion carried. y These minutes approved on the 21st day of November , 1991. APPROVED: Joe Farmer, MAYOR ATTEST: Jubi'y Mo n, CITY SECRETARY