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Min - City Council - 1993 - 09/02 - RegularALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1993 Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:00 P.M. With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:15 p.m. on Thursday, September 2, 1993, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item II) There was no open council discussion. Discussion of Consent Agenda and Remdar Aeenda Items (Agenda Item HI) Mayor Farmer began the review of the Consent Agenda items. A question was raised regarding contracting for Country Meadows Playground. It was determined that the city recommended the low bidder. Discussion was held regarding the resolution approving certification of anticipated tax collection rate. In order for continuity to take place, 100% collection is anticipated for the taxable year 1993-94. If 100% calculation is not used, each year this may be a flexible amount. It was undetermined whether the AG -Loss of $56,064,233 included any Twin Creeks property ALLEN CITY COUNCIL WORKSHOP SESSION SEPTEMBER 2, 1993 PAGE 2 Discussion was held regarding Agenda V, Council Committee Reports. The Mayor indicated that a meeting date needed to be set for the C.O.W meeting and he briefed the Council on plans for the State of the City address. Mayor Farmer indicated that a plaque was presented to Mrs. Ray Robinson at an informal ceremony at the Municipal Court building at which time she presented a photograph of Judge Ray for placement in the lobby Discussion was held regarding Agenda Item VI, Citizen's Comments. Council was unsure if anyone would be present for Citizen's Comments. Discussion was held regarding Agenda Item VII, Administration of Oath -of -Office and Presentation of Certificate -of -Appointment to Newly Appointed Board Members of Various City Boards. The newly appointed board members are expected to be present this evening to receive their Oaths -of -Office and Certificates -of - Appointments. Discussion was held regarding Agenda Item VIII, Approve the Following Items Related to Fiscal Year 1993-94 Budget (1) Ordinance Setting the Appropriations and (2) Ordinance Setting Tax Rate. The City Manager informed the Council that in response to the Municipal Messenger article regarding the budget, he bas had eight requests for copies of the budget. Due to later changes, he has sent additional information to those eight people with updates for the 1993-94 budget. The City Manager will have available for the Council Route file the questions and comments that he has received as a result of the last Municipal Messenger during their next regular meeting. Council recessed their workshop at 6:30 p.m. to act as hosts for the reception for board applicants. RECEPTION FOR BOARD APPLICANTS - 6:30 P.M. RECONVENE WORKSHOP - 7:00 P.M. Council reconvened the workshop at 7:05 p.m. Discussion was held regarding Agenda Item IX, Consider Adoption of Amended Sign Regulations Ordinance as Recommended by the Sign Control Board. Council discussed various aspects of banners and how they are being treated in the Sign Ordinance, sign permit fees, the qualifications and absenteeism of the Sign Control Board, and their powers and duties. These items will be further discussed during the regular meeting. Discussion was held regarding Agenda Item X, Approve Revised Budget and Authorize Acquisition of WOW for South Bound Allen Heights from Park Place to Bethany The City Manager reviewed with the Council the need for additional funds in the budget for the acquisition of right-of-way for south bound Allen Heights from Park Place to Bethany George Conner, Public Works Director, will present information and show in detail exactly how this right-of-way will affect the intersection for better traffic flow With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned Lat 7:30 p.m. on Thursday, September 2, 1993. A A ALLEN CITY COUNCIL WORKSHOP SESSION SEPTEMBER 2, 1993 REGULAR SESSION - 7:30 P.M. PAGE 3 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, September 2, 1993 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Terrell, 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. B. C. D E. F Approve Minutes of August 13, 14 and 15, 1993, FY 1993-94 Budget Workshop. Approve Minutes of August 17, 1993, Public Hearing on the Budget Approve Minutes of August 18, 1993, Special Called Workshop. Approve Minutes of August 19, 1993, Regular Meeting. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Hunter Associates, Inc For: Engineering Services for Allen Heights Drive 1985 Street Bond Funds Period: Thm July 31, 1993 2. City of Plano For: Purchased and Installed Serials for Library Automation Interest Farned Bond Funds Period: June -August 1993 3. Graham Associates, Inc. For. Hydraulic Analysis and Construction Plans for Mustang Creek North of FM 2170 1985 Water and Sewer Bond Funds Period: Thru August 24, 1993 $13,615.00 $32,004.50 $ 7,910.00 Approve Bids and Authorize Contracting for Country Meadows Playground. Council authorized Rhoda Savage, Director of Parks and Recreation to award the bid to SVA Concrete for a revised budget base bid of $52,654 for the playground installation and $2.05 per square foot for connecting walkways. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 2, 1993 PAGE 4 G. Approve the Following Items Related to the 1993 Appraised In Roll. 1. Resolution Approving Certification of the Appraised Value in City of Allen for the 1993 Tax Year. Resolution No. 1192-9-93(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving the 1993 Appraisal Roll as Approved by the Collin County Appraisal Review Board. 2. Resolution Approving Certification of Anticipated Tax Collection Rate. Resolution No. 1193-9-93(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving Certification of Anticipated Tax Collection Rate for the City of Allen, for the 1993-94 Taxable Year. H. Approve an Ordinance Amending Planned Development No. 54 to Re-establish Zoning on Raintree Estates. Ordinance No. 1194-9-93: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, Land Ordinance No. 1172-5-93 Flood Plain Planned Development No. 54 (FP -PD No. 54) on the Following -Described Tract of Land: Raintree Estates I Addition to the City of Allen, 57.9449 Acres of Land in the Catherine Parsons Survey, Abstract No 711, City of Allen, Collin County, Texas; Providing for Development Standards; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause, and Providing for the Effective Date of Said Ordinance. 1. Approve Resolution for Continuing Funding and Application Process for Collin Area Narcotics Task Force. Resolution No. 1195-9-93(R): A Resolution of the City Council of the City of Allen, Texas Approving the Submission of a Grant Application to the Texas Criminal Justice Division for a Joint Narcotics Task Force for Collin County, Pledging Payment of City of Allen's Share of Cost of this Joint Narcotics Task Force, Approving Administration of Grant Funds by the City of Plano, and Providing an Effective Date. The motion carried. End of Consent Air Council Committee Reports (Agenda Item V) �j Development: LUpcoming meeting with discussions on property maintenance code ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 2, 1993 Finance/Administration: No report Services: Working on survey for the community center Mayor's: State of the City address to be presented to Chamber on October 19 PAGE 5 Council and the City Manager acknowledged and introduced George Conner as the new Public Works Director for the City of Allen. Citizen's Comments (Agenda Item VI) There were no citizen's comments. Administration of Oath -of -Office and Presentation of Certificate -of -Appointment to Newly 1 Appointed Board Members of Various City Boards (Agenda Item VII) City Secretary Judy Morrison administered the Oath -of -Office and Mayor Farmer presented Certificates - of -Appointments to the following newly appointed members of the Parks and Recreation Board and the Sign Control Board: Parks and Recreation Board Place No. 3 - Byron Nielsen 9/30/94 Siert Control Board Place No. 4 - Jeffrey S. Nolan 9/30/94 Approve the Following Iters Related to Fiscal Year 1993-94 Budeet (Agenda Item VIII) Ordinance Setting the Appropriations (Agenda Item VIII -1) City Manager Ion McCarty reviewed the final changes that Council had instructed Staff to make to the budget. The City Manager reviewed several highlights of the current budget. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 2, 1993 PAGE 6 tax rate reflecting a 3.4% decrease increases in budget have gone directly into public safety revenue increase in General Fund due mostly to sales in increases from TRW new funds have been established including Parks and Recreation Enterprise Fund and the storm water drainage utility system. Ordinance No. 1196-9-93: An Ordinance of the City of Allen, Collin County, Texas, Amending the Appropriations for the 1992-93 Fiscal Year Budget and Approving and Adopting the Budget and Setting Appropriations for the Fiscal Year Beginning October 1, 1993, and Terminating September 30, 1994; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1196-9-93 as previously captioned. The motion carried. Ordinance Setting Tax Rate (Agenda Item VIII -2) The final tax rate for the City of Allen is divided into two elements including the General Fund of 43120 and the Debt Service Fund .30880 with a combined total of 740 per $100 valuation. Ordinance No. 1197-9-93: An Ordinance of the City of Allen, Collin County, Texas Setting, Fixing, and Adopting the Tax Rate for the City of Allen, Texas, for the Fiscal Year Beginning October 1, 1993, and Ending September 30, 1994; and Providing an Effective Date for this Ordinance. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1197-9-93 as previously captioned. The motion carried. Council took a brief recess. Consider Adoption of Amended Sign Regulations Ordinance as Recommended by the Sim Control Board (Agenda Item IR) Bill Petty, Community Development Director, informed the Council that there were approximately four to five major changes to the Sign Control Ordinance. The original Ordinance was adopted in 1981 and four amendments have been made to that original Ordinance since that time. This Ordinance compiles all those amendments with the original Ordinance of 1981. We presently do not have an abatement clause which is included in the new Ordinance along with certain fee adjustments and a definition of banners and the allowance of balloon devices for signage. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 2, 1993 Ordinance No. 1198-9-93: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Repealing Ordinance No. 374.10-81, and the Amendments Thereto, Including Ordinance No. 477- 11-83, 576-12-84, 717-8-86, and 861-7-88: and Adopting New Regulations Concerning the Erection, Construction, Repair, Placement, Height, Area, and Maintenance of Signs in the City of Allen; Providing for the Issuance of Permits and Collection of Fees Therefor; Providing for the Continuation of the Sign Board; Providing for Application for Variance or Appeal; Providing for Notification of Variance or Appeal; Providing for Inspection; Providing for the Responsibility for Violations; Providing for Removal; Providing a Penalty for the Violation of this Ordinance; Providing a Validity Clause; and Providing an Effective Date. PAGE 7 MOTION: A motion was made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols to approve Ordinance No. 1198-9-93 as previously captioned. There was no vote on this Ordinance. Council discussed banner definitions and signs, size of banners along with length of days that they are allowed, the sign permit fees, the qualification, absenteeism, and powers and duties of the Sign Control Board. Discussion was also held regarding ill -repaired illuminated signs and directional signs in the City of Allen. MOTION: A motion was made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos to amend the main motion by including the following points of amendment: Section 2 -- DEFINITIONS, Banner - to read 'Banner shall he considered a Class I sign if 16 square feet or under, and a Class 4 sign if over 16 square feet." Section 3, A, 16 -- 'Banners, 16 aquae feet or less in size. Such barriers must be maintained in good condition, and if deteriorated must be removed. Two such banners are allowed at any given time, and are allowed for a 21 -day use period. Section 3, A, 17 -- Pennants or flags promoting an open house or grand opening are allowed for a 7 -day use period. Section 3, D, 1 — 'Banners over 16 square feet with a maximum single use period of thirty (30) days with a minimum period between permits of ninety (90) days and a maximum number of three (3) permits per year for a given establishment or center." Section 7, 7, a, (4) -- "Fee for temporary banners above 16 square feet and floating devices - $30." ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 2, 1993 PAGE S Section 10, 4 -- delete paragraph regarding absenteeism. Section 10, 10 -- include "paragraph e" and delete "paragraph b." Include paragraph a to read "All action on variance requests shall be submitted to the City Council for review and such decisions of the Board shall become final unless reversed or modified by the City Council at the first available City Council meeting following the Sign Control Board meeting at which formal action wi taken by the Board. In reviewing the action of the Board, or variance requests, the Council shall consider the records made at the hearing before the Sign Control Board." The Council voted seven (7) for and none (0) opposed to approve the previously stated amendments to Ordinance No. 1198-9-93. MOTION: As previously moved, upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Ordinance No 1198-9-93 as previously captioned with the amendments to Sections 2, 3, 7, and 10. The motion carried. Approve Revised Budget and Authorize Acquisition of R.O.W. for South Bound Allen Heights from Park Place to Bethany (Agenda Item X) George Conner, Public Works Director, reviewed the background and anticipated construction and cost for south bound Allen Heights from Park Place to Bethany There are six parcels of land involved for the proposed right-of-way and easements. The extra cost is due to the unexpected high cost of the culvert on Bethany Road that carries the tributary to Mustang Branch. The following budget has been noted for the Allen Heights project: Construction $613,203 Engineering Fees 43,900 Land (R.O W) 75,000 Contingencies (5%) 30,000 Lighting & Landscaping 143.000 TOTAL $905,103 MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to authorize Staff to attain right-of-way and easements from property owners and if unable to receive by dedication, Staff is authorized to purchase the right-of-way; approve the revised budget authorization not to exceed $905,103; and authorize Staff to contract for services with the consultant to assist in negotiations if necessary The motion carried. ALLEN CITY COUNCIL I REGULAR SESSION SEPTEMBER 2, 1993 PAGE 9 Other Business (Agenda Item XI) Appointments to Boards (Agenda Item XI -A) Interviews have been scheduled for September 7 and September 14 with the Interview Committee consisting of Kevin Lilly, Steve Terrell and Mickey Christakos. Calendar (Agenda Item )U -B) September 23 7:00 p.m. C O W Meeting October 8 8:15 a.m. Services Subcommittee Meeting -- DELETE MEETING ON OCTOBER 1 Items of Interest (Agenda Item XI -C) There were no items of interest. Executive Session (Agenda Item XII) Council concluded there was no need for an Executive Session at this time. Adjourn (Agenda Item XtV) j MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:07 p.m., on Thursday, September 2, 1993. The motion carried. These minutes approved on the 16th day of September , 1993. APPROVED: �� PKII �s't_ line Farmer, MAYOR J Moron, CMC, CITY SECRETARY