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Min - City Council - 1992 - 01/16 - RegularPresent: Joe Farmer, Mayor Councilmembers- 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 Councilmembers present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:55 p.m. on Thursday, January 16, 1992, 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. A question arose regarding the placement of Item E, Approve Ordinance Prohibiting Smoking in all City Owned Buildings, on the Consent Agenda. Rather than a city policy addressing the smoking issue, Council had requested an ordinance be brought forward. Violation of the ordinance holds a penalty of not more than a two hundred dollar fine. The City Manager indicated that it is hoped that a smoking cessation program will be offered to all employees to aid those employees desiring such help in compliance with this ordinance. Council felt this item should be removed from the Consent Agenda and acted upon as a separate item to indicate to the community a pro -active approach in this regard. Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. No one was aware of anyone who would be present to speak before the Council this evening. Mayor Farmer reviewed Agenda Item VII, Public Hearing on a Request to Amend a Site Plan for La Petite Academy Located at 103 North Fountain Gate Drive and Consider an Ordinance Effecting this Change. Due to a notation on the original site plan for La Petite Academy that the property would be fenced with a living screen, this request is to amend ALLEN CITY COUNCIL REGULAR MEETING JANUARY 16, 1992 Present: Joe Farmer, Mayor Councilmembers- 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 Councilmembers present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:55 p.m. on Thursday, January 16, 1992, 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. A question arose regarding the placement of Item E, Approve Ordinance Prohibiting Smoking in all City Owned Buildings, on the Consent Agenda. Rather than a city policy addressing the smoking issue, Council had requested an ordinance be brought forward. Violation of the ordinance holds a penalty of not more than a two hundred dollar fine. The City Manager indicated that it is hoped that a smoking cessation program will be offered to all employees to aid those employees desiring such help in compliance with this ordinance. Council felt this item should be removed from the Consent Agenda and acted upon as a separate item to indicate to the community a pro -active approach in this regard. Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. No one was aware of anyone who would be present to speak before the Council this evening. Mayor Farmer reviewed Agenda Item VII, Public Hearing on a Request to Amend a Site Plan for La Petite Academy Located at 103 North Fountain Gate Drive and Consider an Ordinance Effecting this Change. Due to a notation on the original site plan for La Petite Academy that the property would be fenced with a living screen, this request is to amend ALLEN CITY COUNCIL WORKSHOP SESSION JANUARY 16, 1992 PAGE 2 that site plan for a wooden fence to be installed. La Petite has tried in vain to grow a living screen. Due to the fact that all but one individual living in the near proximity of La Petite signed off on a consent for them to install a wooden fence, this item needs to come to Council for action during a public hearing. Mayor Farmer reviewed Agenda Item VIII, Authorize Purchase of Public Works Vehicles. The state purchasing contract is being used in this case to purchase three (3) vehicles for the Public Works Department. Mayor Farmer reviewed Agenda Item IX, Adopt Policy Regulating the City Television Cable Channel. Discussion was held regarding the placement of advertising on this particular channel and the possible charge of fees for such advertising. The City Manager will check with the cable TV franchise regarding stipulation in this regard. The City will begin using only the scrolling feature and will add 3 /411 VCR tape features at a later date. As the City deems necessary, the cable TV franchise company will purchase equipment to be used by the City for placement of items on the channel. After discussion, it was felt that this item would be tabled this evening and brought back in resolution format at the next regular meeting. Mayor Farmer reviewed Agenda Item X, Other Business, Update on Bethany Lakes. Rhoda Savage, Director of Parks and Recreation, gave a brief update on the construction of Bethany Lakes. She discussed communications with the Texas Parks and Wildlife Department regarding reimbursements. Further information will be discussed at the Quarterly Subcommittee meeting next week. Mayor Farmer reviewed Agenda Item X, Other Business, Chamber Banquet. Judy Morrison, City Secretary, indicated she was distributing a form for Council to indicate whether they will be attending the banquet on February 1, 1992. Mayor Farmer reviewed Agenda Item X, Other Business, Items of Interest. Bill Petty, Director of Community Development, reviewed with the Council a request from an individual desiring to put in a skeet range adjacent to the city limits of Allen, just west of Highway 75 and south of Bethany Road. There was no conclusion on this matter. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:35 p.m. on Thursday, January 16, 1992. 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 7:40 p.m. on Thursday, January 16, 1992, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Councibnember Lilly requested that Item E, Approve Ordinance Prohibiting Smoking in all City Owned Buildings, be removed from the Consent Agenda. I ALLEN CITY COUNCIL REGULAR SESSION JANUARY 16, 1992 CONSENT AGENDA PAGE 3 (Agenda Item V) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted (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 December 19, 1991, Regular Meeting. B. Approve Minutes of January 2, 1992, Regular Meeting. C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Boone Electric $ 312.26 For: Repair Broken Conduit and Replace Wire to Street Lights Old Police Building Interest Earned Funds Period: October 18, 1991 2. L&S Plumbing $ 725.00 For: Supply and Install Plumbing Fixtures Old Police Building Interest Earned Funds Period: January 8, 1992 3. Wal-Mart $ 37.58 For: Miscellaneous Hardware Old Police Building Interest Earned Funds Period: January 7, 1992 4. Advanced Technology Roofing $ 604.69 For: Roofing Balance Old Police Building Interest Earned Funds Period: January 10, 1992 5. Will Johnson $ 94.78 For: Supply and Install 6" Vent Pipe Old Police Building Interest Earned Funds Period: January 9, 1992 6. Home Depot $ 23.23 For: Hardware Items Old Police Building Interest Earned Funds Period: December 27, 1991 I I ALLEN CITY COUNCIL REGULAR SESSION JANUARY 16, 1992 PAGE 4 7. Home Depot $ 167.18 For: Hardware Items Old Police Building Interest Earned Funds Period: December 26, 1991 8. Wesco $ 264.04 For: Power Poles Old Police Building Interest Earned Funds Period: December 18, 1991 9. Bill Stratton $ 38.00 For: Keyed Doors and Provided Duplicate Keys Old Police Building Interest Earned Funds Period: December 26, 1991 10. Dodson Contractors, Inc. $ 151.65 For: Final Payment on Contract Interest Earned Funds Period: December 17, 1991 11. BFI $ 451.10 For: Dumpster Service at Old Police Building Interest Earned Funds Period: October 20 thru December 27, 1991 12. Sun Company $ 150.00 For: Window Tint on Front Door and Window of Old Police Building Interest Earned Funds Period: January 3, 1992 13. Architectural Utilities, Inc. $151,063.75 For: On -Site Construction Allen Special Use Facility 1985 Park Bond Funds Period: Nov. 30, 1991 to Jan. 6, 1992 14. Aztec Crane Corporation $ 604.65 For: Four Hours for Crane and Four Hours for Truck & Driver at Special Use Facility 1985 Park Bond Funds Period: December 31, 1991 ALLEN CITY COUNCIL REGULAR SESSION JANUARY 16, 1992 PAGE 5 15. Alpha Testing, Inc. $ 488.00 For: Concrete Testing Special Use Facility 1985 Park Bond Funds Period: Nov. 30 thru Dec. 25, 1991 16. Elite Blinds Manufacturing $ 267.50 For: Blinds for building Interest Earned Period: January 16, 1992 D. Tax Report. The motion carried. End of Consent Agenda Approve Ordinance Prohibiting Smoking in all City Owned Buildings (Agenda Item V -E) �^ Councilmember Lilly stated that Item E, which was removed from the Consent Agenda ! indicated a pro -active approach of the City Council on this topic. The proposed ordinance ` while it affects city property only, recognizes the city's role in improving public health in all places. The preamble expresses a desire for other Allen employers and service operators to protect voluntarily the health of their employees and customers by restricting smoking at their places of business as well. The effective date of this ordinance is March 1, 1992, which would allow a grace period to introduce, if possible, a smoking cessation program for employees to attend at little or no charge. Ordinance No. 1069-1-92: An Ordinance of the City of Allen, Collin County, Texas, Prohibiting the Smoking of Cigarettes, Cigars, or Other Tobacco or Need Products in all Municipal Buildings; Providing Rules and Regulations; Providing for Enforcement; Providing a Penalty of Two Hundred Dollars for Failure to Comply with Said Ordinance; Providing for a Conflict and Severability Clause; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Christakos, the Council voted (7) for and none (0) opposed to approve Ordinance No. 1069-1-92 as previously captioned prohibiting smoking of cigarettes, cigars or other tobacco or weed products in all municipal buildings. The motion carried. LI ALLEN CITY COUNCIL REGULAR SESSION JANUARY 16, 1992 PAGE 6 Citiaen's Comments (Agenda Item VI) R. J. Parr, 914 Wandering Way, spoke before the Council regarding several items. Desire for additional police protection in the neighborhood Condition of hillside due to construction and heavy trucks • Large trucks parking on the street • Desire for signs indicating "Children at Play" in the neighborhood. Public Hearing on a Request to Amend a Site Plan for La Petite Academy Located at 103 North Fountain Gate Drive and Consider an Ordinance Effecting this Change (Agenda Item VII) Mayor Farmer read the request into the record as follows: "Public hearing on a request to amend a site plan for La Petite Academy located at 103 North Fountain Gate Drive and consider an ordinance effecting this change." Bill Petty, Director of Community Development, spoke before the Council regarding the request for La Petite Academy to amend the approved site plan to allow for an eight foot wooden fence in lieu of a landscape screening wall. The day care center had planted a landscape screening wall but it has perished on several occasions. The Allen Comprehensive Zoning Ordinance offers the option of either a wooden fence or a landscape screening wall to provide screening but the developer elected to install a landscape screening wall which was noted on the site plan. Any amendments to the approved site plan must have Commission and Council approval. Brenda Ford, 1137 E, Park Boulevard, Plano, TX, spoke before the Council as the proponent of La Petite Academy. She requested that Council grant her the amendment to install a wood fence on her property. 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. Ordinance No. 1070-1-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Heretofore Amended, and Ordinance No. 730-9-86 of the City of Allen so as to Amend the Site Plan for a Day -Care Center by Allowing an Eight -Foot Wooden Fence in Lieu of a Landscape Screening Wall, on a 0.625 Acre Tract out of the Peter Wetsel Survey, Abstract No. 990, Collin County, ALLEN CITY COUNCIL REGULAR SESSION JANUARY 16, 1992 PAGE 7 Texas, Presently Delineated on the Official Zoning Map as a Portion of PD -SC No. 5, and Further Described as 103 N. Fountain Gate Drive, Allen, Collin County, Texas; Providing for Exhibit "Q" Site Plan; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted (7) for and none (0) opposed to approve Ordinance 1070-1-92 as previously captioned in accordance with Planning and Zoning Commission recommendation. The motion carried. Authorize Purchase of Public Works Vehicles (Agenda Item VIII) Dave Whitehead, Director of Public Works, spoke before the Council regarding the desire to purchase from a contract approved by the State Purchasing and General Services Commission two trucks for the Water and Sewer Department and one truck for the Street Department. The Water and Sewer Department budgeted $36,500 for the purchase of two trucks. The actual cost of the two trucks through the State Purchasing Contract will be $35,702.34. The Street Department budgeted $22,000 for the purchase of one truck. The truck being purchased through the State Purchasing Contract will actually cost $15,721.24. Resolution No. 1071-1-92(R): AResolutionof the City Council of the City of Allen, Collin County, Texas Authorizing the City Manager to Purchase Vehicles Through the Annual Contracts of the Texas State Purchasing and General Services Commission. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Bishop, the Council voted (7) for and none (0) opposed to approve Resolution No. 1071-1-92(R) as previously captioned allowing for the purchase of two crew trucks for the Water and Sewer Department and the Street Department and one dump truck for the Water and Sewer Department for the total amount of $51,423.58 and will be purchased from Hendrix GMC Trucks, Austin, TX. The motion carried. 11 LI I ALLEN CITY COUNCIL REGULAR SESSION JANUARY 16, 1992 PAGE 6 Adopt Policy Regulating the City Television Cable Channel (Agenda Item IX) As part of the City Council and Staff strategic planning process, the Council identified a need to increase citizen communication and municipal awareness with our community. Response to that need includes the Municipal Newsletter, CIIP Meetings and the use of the City's Channel on the cable television network. A responsibility of Administration is to recommend for City Council decision a cable TV programming policy. It is the desire, however, to bring this item back in resolution format at a later meeting. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councihnember Christakos, the Council voted (7) for and none (0) opposed to table this item regarding the policy regulating the city television cable channel and that this item will be brought back at our next meeting in resolution format to be acted upon by Council at that time. The motion carried. Other Business: Update on Bethany Lakes (Agenda Item X -A) Rhoda Savage, Director of Parks and Recreation, gave a brief update on the condition of construction of Bethany Lakes. Chamber Banquet (Agenda Item X -B) Judy Morrison, City Secretary, requested that all Council sign their intent to attend the Chamber Banquet to be held on February 1, 1992. Calendar (Agenda Item X-C) Special attention was drawn to Wednesday, January 22, as the Canvass of the Election at 7:00 p.m. and the Quarterly Subcommittee meeting to be held at 7:30 p.m. Subcommittee Reports (Agenda Item X -D) Services: Negotiations are being held with BFI. Economic Development: None. Finance/Administration. Discussions are being held regarding car allowance. ALLEN CITY COUNCIL REGULAR SESSION JANUARY 16, 1992 PAGE 9 Development: Several items will be coming forward. Mayor's: A more complete plan regarding communications will be coming forward. Items of Interest (Agenda Item X -E) • Council complimented all those who worked very hard on the programs for the 1/2@ sales tax. Adjourn (Agenda Item XI) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, the Council voted (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:35 p.m., on Thursday, January 16, 1992. The motion carried. LThese minutes approved on the 6th day of February , 1992. ATTEST: ///LL✓� Juio Mo on, CITY SECRETARY APPROVED: J6e Farmer, MAYOR