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Min - City Council - 1992 - 03/19 - RegularPresent: Joe Farmer, Mayor (absent) 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 Pro Tem Edstrom at 6:52 p.m. on Thursday, March 19, 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 Pro Tem Edstrom began the review of the Consent Agenda items. Discussion was held regarding the Resolution authorizing an adjustment and refund to the 1991 Tax Roll. Security Savings Association has made an ad valorem tax payment for Gene D. Jackson in error. Discussion was held regarding the tax report. The current tax report indicates a payment of a past due account for McDermott and Raintree properties. During the last budget process, anticipated collection on delinquent accounts was considered in formation of the budget. Discussion was held regarding the purchase of telemetry equipment for the Public Works Department. This item will not go out to bid even though it is over $5,000 because it is considered a high tech item which falls outside the bidding process. All capital items come before the Council for final approval even though they were budgeted items. ALLEN CITY COUNCIL ■I L REGULAR MEETING MARCH 19, 1992 Present: Joe Farmer, Mayor (absent) 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 Pro Tem Edstrom at 6:52 p.m. on Thursday, March 19, 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 Pro Tem Edstrom began the review of the Consent Agenda items. Discussion was held regarding the Resolution authorizing an adjustment and refund to the 1991 Tax Roll. Security Savings Association has made an ad valorem tax payment for Gene D. Jackson in error. Discussion was held regarding the tax report. The current tax report indicates a payment of a past due account for McDermott and Raintree properties. During the last budget process, anticipated collection on delinquent accounts was considered in formation of the budget. Discussion was held regarding the purchase of telemetry equipment for the Public Works Department. This item will not go out to bid even though it is over $5,000 because it is considered a high tech item which falls outside the bidding process. All capital items come before the Council for final approval even though they were budgeted items. ALLEN CITY COUNCIL WORKSHOP SESSION MARCH 19, 1992 PAGE 2 Mayor Pro Tem Edstrom reviewed Agenda Item VI, Citizen's Comments. No one was aware of any citizens to come before the Council this evening. Mayor Pro Tem Edstrom reviewed Agenda Item VII -A, Public Hearing. There was no discussion on the request for special use permit and site plan approval as requested by the All Saints Episcopal Church. Mayor Pro Tem Edstrom reviewed Agenda Item VII -B, Public Hearing. Discussion was held regarding the request for special use permit for a paint and body shop located at 602 N. Federal, also known as Rowlett Place as requested by Allen Paint and Body Shop and approve an Ordinance effecting this change. Discussion was held regarding the state-of- the-art equipment to be used by Don Lewis. This equipment would allow painting of a vehicle without paint fumes dispersing into the atmosphere. The equipment is totally regulated by OSHA. There will be no outside storage of vehicles. However, daytime parking will be allowed. Mayor Pro Tem Edstrom reviewed Agenda Item VII -C, Public Hearing. Discussion was held regarding the establishment of a reinvestment zone on a 4.53 acre parcel of land located east of US 75 and south of Bethany Road. This formal public hearing is required by law prior to adopting the Ordinance. It is anticipated that the Ordinance will be adopted during the joint meeting with the AISD School Board on March 30. L Mayor Pro Tem Edstrom reviewed Agenda Item VIII, Consider Items Related to Operational Guidelines for Allen Economic Development Corporation. Council was asked to review the outcome of the workshop and if there were any additions or corrections those would be made prior to making the information available for the Economic Development Corporation Board. Mayor Pro Tem Edstrom reviewed Agenda IX, Consider Resolutions Regulating the use of General Obligation Bond Interest Earnings and Designating and Regulating the Accumulation and use of General Fund Reserves. Staff requested that Council table the Resolution regarding the use of general obligation bond interest earnings. Pertinent information is not yet available for the Council to consider in order to adopt this Resolution. The Resolution regulating the accumulation and use of general fund reserves is a position the City would like to work toward. Charlotte Smith, Finance Director, will be available for comment on this item. Mayor Pro Tem Edstrom reviewed Agenda Item X, Approve the Request for Proposal and Authorize Solicitation of Bids for the City's Depository Contract. This agreement will be sent to all three banks in the City of Allen. We presently are charged $900 to $1, 000 per month for banking services. These services had been previously free of charge. Charlotte Smith, Finance Director, will present additional information during the regular meeting. Mayor Pro Tem Edstrom reviewed Agenda Item XI, Adopt an Ordinance Regulating the Maintenance of Trees Adjacent to City Streets and Alleys. This Ordinance will allow the City of Allen to take steps in order to maintain trees adjacent to city streets and alleys. 11 ALLEN CITY COUNCIL WORKSHOP SESSION MARCH 19, 1992 PAGE 3 Mayor Pro Tem Edstrom reviewed Agenda Item XII, Consider Items Related to the Allen Industrial Development Corporation. In order for the continuation of the Alien Industrial Development Corporation, Council is requested to appoint three members to the Board. Mayor Pro Tem Edstrom reviewed Agenda Item XIII, Set a Joint Public Hearing Date with the Planning and Zoning Commission to Consider the Update to the Comprehensive Plan. Council will be asked to consider a public hearing date with the Planning and Zoning Commission to consider the update of the Comprehensive Plan. Mayor Pro Tem Edstrom reviewed Agenda Item XIV, Consider Amending the Method by Which Employees are Reimbursed for Driving their Personal Vehicles on City Business. Discussion was held regarding the statement that employees be held "harmless" regarding alternate car allowance policies. Alternative 1 offers partial car allowance to be considered as part of the salary package for the employee. However, since no raises were authorized for employees last budget year and several individuals received additional car allowances, discussion was held regarding this particular inequity. Finance Administration Committee is not making a recommendation on this item. The Committee is presenting two alternatives on the table for Council to review. With no further discussion on the agenda, the workshop session of the Allen City C Council was adjourned at 7:42 p.m. on Thursday, March 19, 1992. L 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 Pro Tem Edstrom at 7:43 p.m. on Thursday, March 19, 1992, 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 Bishop and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve Minutes of March 5, 1992, Regular Meeting. B. Approve Minutes of March 11, 1992, Special Called Workshop Operation of Economic Development Corporation. C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Cummings & Pewitt, Inc. $6,035.00 For: Engineering for Cottonwood Branch Sanitary Sewer. Period: Thru February 29, 1992 ALLEN CITY COUNCIL REGULAR SESSION MARCH 19, 1992 PAGE 4 2. Cummings & Pewitt, Inc. $3,411.00 For: Engineering for FM 2170 Utility Relocation (water) State Revolving Fund Period: February 29, 1992 3. Cummings & Pewitt, Inc. $3,376.00 For: Engineering for FM 2170 Utility Relocation (sewer) State Revolving Fund Period: February 29, 1992 D. Tax Report. E. Approve Resolution Authorizing an Adjustment and Refund to the 1991 Tax Roll. Resolution No. 1085-3-92(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment and Refund to the 1991 Tax Roll. F. Set April 16, 1992, as a Public Hearing Date on a Request by TaMolli's Mexican Restaurant to Amend Special Use Permit by Changing and Expanding the Floor Plan. G. Authorize Purchase of Telemetry Equipment for Public Works Department. Micro -Monitor System (Motorola) Budget: $15,000 Purchase Price: $8,500 The motion carried. End of Consent A¢enda Citizen's Comments There were no citizen's comments. (Agenda Item VI) Public Hearings (Agenda Item VII -A) Mayor Pro Tem Edstrom read the request into the record as follows: "Request for Special Use Permit and Site Plan Approval on a 7.5 Acre Tract of Land Located at North East Corner of Chaparral and Jupiter, as Requested by All Saints Episcopal Church and Consider an Ordinance Effecting this Change." E ALLEN CITY COUNCIL REGULAR SESSION MARCH 19, 1992 PAGE 5 Bill Petty, Director of Community Development, spoke before the Council regarding the specific use permit and site plan approval for a tract of land that is zoned as local retail. This property is at the northeast corner of Chaparral and Jupiter. The church is an allowable use in this area by a special use permit. Mother Christi Ann McKee spoke before the Council regarding their community project. Vicar McKee indicated that this church would benefit the whole community because of the many service groups that it offers. Clay Wilson, architect, discussed the site plan with the Council. The church is a single story, 15,000 square foot building. All landscaping, fire, and zoning codes are satisfied. Mayor Pro Tem Edstrom opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Rod Parr, 914 Wandering Way, spoke in favor of this church site. With no one else speaking either for or against the request, Mayor Pro Tem Edstrom closed the public hearing. EFollowing are the Planning and Zoning Commission findings: 1. The use is compatible to the surrounding area. 2. The site plan meets all City requirements. 3. Proponent agreed that dumpster would not interfere with any required parking spaces. 4. Proponent stated they would clarify the requirements for handicapped spaces and maintain the required number of spaces. Ordinance No. 1088-3-92: An Ordinance of the City of Allen, Collin County, Teas, Amending Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen so as to Attach a Specific Use Permit for a Church Therefore Restricting a 7.5 Acre Tract of Land Described as Tract C, McBain Jamison Survey, Abstract 491, City of Allen, Collin County, Teas, Presently Delineated on the Official Zoning Map as Local Retail; Providing for the Attachment of Exhibit "A" Site Plan; Providing for a Penalty; Providing for Termination of the Use; Providing for an Effective Date; and Providing for Publication of the Caption. ALLEN CITY COUNCIL REGULAR SESSION MARCH 19, 1992 PAGE 6 MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to approve Ordinance 1086-3-92 as previously captioned. The motion carried. Public Hearings (Agenda Item VII -B) Mayor Pro Tem Edstrom read the request into the record as follows: "Request for Special Use Permit for a Paint and Body Shop Located at 602 N. Federal, known as Rowlett Place as Requested by Allen Paint and Body Shop and Approve an Ordinance effecting this Change." Bill Petty, Director of Community Development, indicated that this property is located in the central business district (CBD) near Allen Drive and Federal. The proponent desires to occupy a portion of the entire building. The repair of automobiles is already allowed at this location because there is an existing specific use permit for an automobile repair shop. The request would amend the specific use permit to include the painting of automobiles. Don Lewis, proponent of this property, spoke before the Council. He indicated that L the equipment for painting will be OSHA approved and will not emit any paint fumes into the atmosphere. The operation will employ between four and five technicians. Mayor Pro Tem Edstrom opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Rod Parr, 914 Wandering Way, spoke regarding concerns of paint fumes near a residential area. With no one else speaking either for or against the request, Mayor Pro Tem Edstrom closed the public hearing. Planning and Zoning Commission findings are as follows: A body shop is an allowable use in the CBD; therefore, only the paint shop was addressed. It was determined that the paint shop would be a compatible use. There appears to be no environmental impact from this facility. 3. There will be no outside storage of vehicles. Ordinance No. 1087-3-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance C No. 829-11-87 of the City of Allen, as Heretofore Amended, and Ordinance No. 699- 5-86 that Granted a Specific Use Permit for an Automobile Repair and Service Shop, to an ALLEN CITY COUNCIL REGULAR SESSION MARCH 19, 1992 PAGE 7 Automotive Paint and Body Shop, with Site Plan Approval, Therefore Restricting 602 N. Federal in the City of Alen, Colin County, Texas, Further Described as William Chester Addition; Providing for the Attachment of Exhibit "A" Site Plan, Presently Delineated on the Official Zoning Map as Central Business District "CBD"; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. MOTION: Upon a motion made by Councilmember Christakos and seconded by Counciimember Bishop, the Council voted six (6) for and none (0) opposed to approve Ordinance 1087-3-92 as previously captioned. The motion carried. Public Hearings (Agenda Item VII -C) Mayor Pro Tem Edstrom read the request into the record as follows: "To Establish a Reinvestment Zone on a 4.53 Acres Located East of U.S. 75 and South of Bethany Road." David Pitstick, Economic Development Coordinator, reviewed with the Council the process in order to establisha reinvestment zone. All taxing entities have been informed of this process and notice has been given of this public hearing. The site plan of this reinvestment zone was reviewed with the Council. Mayor Pro Tem Edstrom opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Rod Parr, 914 Wandering Way, expressed concern regarding the process and hoped the City of Alen would not be held hostage in the future to companies such as this. Brett Scott, 1511 Country Lane, spoke before the Council and voiced support for the reinvestment zone. With no one else speaking either for or against the request, Mayor Pro Tem Edstrom closed the public hearing. No action is requested on this item from Council at the present time. An Ordinance to establish the reinvestment zone will be considered at a joint meeting with AISD School Board on March 30. Council feels this is a great opportunity for the City of Alen and a benefit to the entire City and look forward to the economic development growth that is about to happen. ALLEN CITY COUNCIL REGULAR SESSION MARCH 19, 1992 PAGE 8 Consider Items Related to Operational Guidelines for Allen Economic Development Corporation (Agenda Item VIII) The operational guidelines developed through a series of meetings and workshops will be presented to the Board for consideration prior to the joint meeting on March 26. There is no specific Council action required of the Council on this item. Consider Resolutions Regulating the use of General Obligation Bond Interest Earnings and Deeigsating and Regulating the Accumulation and use of General Fund Reserves (Agenda Item DI) Charlotte Smith, Finance Director, reviewed the Resolution to adopt certain policies designating the accumulation of general fund reserves and regulating the use of those reserves. This is a statement of our current desire and practices and does not put any restriction on the use of funds during this budget year. Resolution No. 1088-3-98(R): AResolution of the City Council the City of Allen, Collin County, Teams, Adopting Certain Policies Designating the Accumulation of General Fund Reserves and Regulating the Use of those Reserves. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to approve Resolution 1088-3-92(R) as previously captioned. The motion carried. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to table the Resolution regulating the use of General Obligation Bond interest earnings in order to receive further clarification on capital projects within the scope of the propositions approved by voters and to receive input from City Staff regarding projects for use of interest earnings as part of the annual budget process. The motion carried. Approve the Request for Proposal and Authorise Solicitation of Bids for the City's Depository Contract (Agenda Item X) Charlotte Smith, Finance Director, reviewed the Request for Proposal (RFP) for bank depository for the City of Allen. Areas of evaluation will include the ability to perform the requested services, agreement to points outlined in the RFP, cost of banking services and financial stability of the bank. Should the bank desire to bid on city investments, the base for the rate will be the thirteen week U. S. Treasury Bill published in the Wall Street Journal in effect on the date of investment. Maximum levels needing to be collateralized are estimated to be $1,000,000. The term of the contract will be for two years beginning June 1, 1992 and ending May 31, 1994. The final appointment for a depository bank will be made by the City Council. I 0 ALLEN CITY COUNCIL REGULAR SESSION MARCH 19, 1992 PAGE 9 MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Lilly, the Council voted six (6) for and none (0) opposed to approve the Request for Proposal and authorize solicitation of the bids for the City's depository contract in accordance with Finance/Administration Subcommittee recommendation. The motion carried. Adopt an Ordinance Regulating the Maintenance of Trees Adjacent to City Streeta and Alleva (Agenda Item XI) Dave Whitehead, Director of Public Works, reviewed the Ordinance dealing with maintenance of the trees and plants along streets and alley ways. Overgrowth of trees and plants have become dangerous to pedestrian and vehicular traffic. Ordinance No. 1099-3-92: An Ordinance of the City Allen, Collin County, Texas, Amending Chapter 13, "Streets and Sidewalks," of the Allan Code of Ordinances by Adding an Article II Establishing Mlninrom Standards and Regulations Pertaining to Plante and Structures Along Streets, Alleys, Etc. Within the City; Providing for Responsibility for Maintenance; Establishing Enforcement Procedures; Providing for Notice of Violation and Abatement of Nuisances; Providing for Injunctive Relief; Providing for a Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500.00) for each Offense; and Declaring an Emergency. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Christakos, the Council voted six (6) for and none (0) opposed to approve Ordinance 1089-3-92 as previously captioned in accordance with Development Subcommittee recommendation. The motion carried. Consider Items Related to the Allen Industrial Development Corporation (Agenda Item XII) Jon McCarty, City Manager, indicated that the Allen Industrial Development Corporation was established in 1979 for the purpose of issuing tax exempt bonds for industrial projects. In order for this corporation to continue, Council is required to appoint members to the Board. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to appoint Mickey Christakos, Steve Terrell and David Bishop as the Board of Director members for the Allen Industrial Development Corporation. The motion carried. I ALLEN CITY COUNCIL REGULAR SESSION MARCH 19, 1992 PAGE 10 Set a Joint Public Hearing Date with the Planning and Zoning Commission to Consider the Update to the Comprehensive Plan (Agenda Item XIII) The Department of Community Development has been working with the Development Subcommittee to initiate a process for adoption of a comprehensive plan update. Three elements have been identified for this process: 1. Public involvement 2. Recommendation by the Planning and Zoning Commission 3. Plan adopted by ordinance by the City Council Council suggested that April 14 be the primary date for a joint public hearing with the Planning and Zoning Commission and April 15 will be the backup date. No further action was required of Council at the present time. Consider Amending the Method by Which Employees are Reimbursed for Driving Their Personal Vehicles on City Business (Agenda Item XIV) The Finance/Administration Subcommittee has reviewed and analyzed the employee car allowance program. The following alternates are being made to the full Council: Alternate 1. All City employees that drive on City business maintain records and be reimbursed for mileage driven based upon current IRS reimbursement rates. The City Manager would take steps to insure that to the maximum extent possible, employees be "held harmless" on any reduction in the amount paid out in mileage versus the amount received in car allowance. Alternate 2. The City purchase a limited number of vehicles (for City Manager, Fire Chief and Police Chief) and that all others be treated as one above. Discussion was held regarding other cities and how they deal with this issue, possible use of fleet of vehicles, and the development of the car allowance policy for the City of Allen. Council would not like to penalize anyone but would like to set a policy that is good at the present time as well as for the future. It was felt like the Council needed to be fair to both the employees and to the City as a whole. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Lilly, the Council voted five (5) for and one (1) opposed with Councilmember Christakos casting the negative vote to adopt Alternate 1, that all employees who drive on City business maintain records and be reimbursed for mileage driven based upon current IRS reimbursement rates. The City Manager will take steps to insure that to the maximum extent possible, employees be "held harmless" on any reduction in the amount paid out in mileage versus the amount received in car allowance. The motion carried. 0 ALLEN CITY COUNCIL REGULAR SESSION MARCH 19, 1992 PAGE 11 Other Business: Spring Planning Session Spring Planning Session has been set for May 15 and 16. Calendar Council was reminded of the following dates: March 26 Economic Development Reception and Workshop - Library Meeting Room March 30 Joint CouncilIAISD Board Meeting Dinner - Library Meeting Room April 10 & Special Olympics April 11 April 14 Joint P&Z1 Council Comprehensive Plan Update Meeting April 15 Backup date for joint P&Z/Council meeting Subcommittee Reports Fioanee/Administration: None. Economic Development: None. Services: Use of Library Meeting Room BFI Contract Development: Zoning Ordinance Park Enhancements (Agenda Item XV -A) (Agenda Item XV -B) 6:00 P.M. 6:30 p.m. 6:30 p.m. (Agenda Item XV -C) ALLEN CITY COUNCIL REGULAR SESSION MARCH 19, 1992 PAGE 12 Items of Interest (Agenda Item XV -D) There were no items of interest. Ad rn (Agenda Item XVI) MOTION: Upon a motion made by Councihnember Christakos and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:37 p.m., on Thursday, March 19, 1992. The motion carried. These minutes approved on the 2nd day of April , 1992. APPROVED: strum, MAYOR PRO TEM ATTEST: 1Kff"I. I