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Min - City Council - 1994 - 08/18 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 18, 1994 Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem David Kerr David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary (absent) Connie Schofield, Secretary to City Secretary DINNER AND WORKSHOP SESSION - 6:15 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 6:25 p.m. on Thursday, August 18, 1994, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item 11) Discussion was held regarding the schedule for street sweeping on the "chip -seal" streets Due to contacts received this week, citizens may be present at the Council meeting to discuss this issue. Mayor Pro Tem Lilly asked that a correction be made to the August 4, 1994 Minutes of the Allen City Council meeting. In the Open Council Discussion, the third paragraph should read "Staff received a request to rename Jupiter Road between SH 5 and FM 2170 This issue will be reviewed and considered as a request from the Allen Eagle Athletic Association." City Manager Jon McCarty informed the Council of a request from a "large lot developer" who would like to meet with the Council to discuss the current development and building policy of the City He is requesting several variances from the current policy Council discussed that changes could and would affect not only development but traffic thoroughfares and other major issues concerning the City ALLEN CITY COUNCIL WORKSHOP SESSION AUGUST 18, 1994 PAGE 2 City Manager Jon McCarty stated that Barbara Erwin, Superintendent of AISD, was concerned about the traffic situation at several schools. City Manager Jon McCarty suggested that Traffic Engineer John Friebele he contacted to do a traffic study at (1) Story Elementary and (2) at the intersection of Malone and FM 2170. After much discussion, Council agreed that this was a major concern and a district -wide plan should be initiated. However, Council felt that this item was primarily the responsibility of the school board. Councilmember Hamner reported that she had talked with several residents from the Kittyhawk area. The residents were not happy concerning the garbage pick-up process. They said the BFI trucks were too large and heavy and were causing damage to the trees and roads in the area. George Conner, Director of Public Works, said that this item had been addressed. It was suggested that Kittyhawk add "turn -grounds" to a couple of streets in the area. However, the residents did not want to do this so BFI has picked up the polycarts and will not be servicing this area. Councilmember Bishop gave Council an update concerning the Allen Recreation Facility A great deal of research has been done concerning the type of heating and air conditioning service to be installed in the facility The Services Subcommittee and FATSSO (Facility Activity, Timing and Site Selection Oversight) Committee are recommending the "geothermal" process — an energy-efficient, low -maintenance and financially favorable heating and air conditioning process. The lake will be used as a heat transfer for this procedure. Councilmember Bishop will discuss this process further during the regular session. Discussion of Consent Agenda and Regular Aeenda Items (Agenda Item 111) Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Consent Agenda Item IV, Item F, Set September 15, 1994 as the Public Hearing Date to Consider an Ordinance Requiring Homeowner Participation in Costs for Repairing Sidewalks. George Conner, Director of Public Works, explained that in the past, the cost of repairing or replacing sidewalks has always been the City's responsibility At this time, the City has no official policy on sidewalk maintenance and all funds have been from the Street Operating Budget. He briefly reviewed the surrounding cities' policies regarding sidewalk maintenance. Discussion was held regarding Agenda Item VI, Citizen's Comments. Due to various contacts received this week, citizens may be present to discuss the "chip -seal" process being applied to several City streets. Discussion was held regarding Agenda Item VIII, Accept Resignation from Member of the Capital Improvement Advisory Committee. Mark Hicks, Developer/Builder Representative of the Capital Improvement Advisory Committee, will be resigning from this position because he no longer resides in Allen. Discussion was held regarding Agenda Item XII, Consider Adoption of a Resolution Determining the Need and Desire of the City Council to Sell Excess City Property East of US 74 and West of Future Century Drive. Bill Petty, Director of Community Development, explained the procedure for selling city -owned property An appraisal needs to be made to determine fair market value. The property may not be sold for less than market value. Mr. Petty explained that this property — a little over 13 acres — may be sold in one or more tracts. Discussion was held regarding Agenda Item XIV, Other Business, Item B, Items of Interest. The Texas i Municipal League Region 13 Dinner Meeting will be held Thursday, September 8, at the Harvey Hotel DFW in Irving, Texas. Please contact City Secretary Judy Morrison by August 28 if you are interested in attending ALLEN CITY COUNCIL WORKSHOP SESSION AUGUST 18, 1994 PAGE 3 With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:25 p.m. on Thursday, August 18, 1994 REGULAR SESSION - 7:30 P.M. With a quorum of the Councdmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:29 p.m. on Thursday, August 18, 1994 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 Nichols 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. Approve Minutes of August 4, 1994, Regular Meeting. B. Approve Minutes of August 5 - 7, 1994, 1994-95 Budget Retreat. C Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Dynix, Inc. $ 504.00 For: Interface for Acquisitions Module 1985 Interest Bond Funds Period: July 1994 2. Texas Department of Transportation $ 9,100.00 For: Exchange Parkway Project 1985 Street Bonds Period: August 2, 1994 3. Ron Hobbs, Architect $26,984.46 For Architectural Planning Services 1992 Park Bonds Period: July 1994 4 Alpha Testing $ 9750 For: South Fountain Gate Sidewalk Street Bonds Period: July 31, 1994 5 Graham Associates $18,000.00 For: Traffic Control Plans, Striping and Signing Street Bond Funds Period. March 22, 1994 ALLEN CITY COUNCIL REGULAR SESSION AUGUST 18, 1994 PAGE 4 Acquisition Associates, Inc. $ 3,450.00 For: Driveway Adjustments Street Bond Funds Period July 1994 D Tax Report. E. Authorize the City Manager to Enter into Contract with Hencie International for the Sidewalk and Drainage Structure Improvements. Council authorized the City Manager to enter into a 2 -year contract with Hencie International, Inc. for sidewalk and drainage structure improvements. F Set September 15, 1994 as the Public Hearing Date to Consider an Ordinance Requiring Homeowner Participation in Costs for Repairing Sidewalks. G. Approve a Resolution Approving the 1994 Appraisal Roll as Approved by the Collin County Appraisal Review Board. Resolution No. 1271-8-94(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving the 1994 Appraisal Roll as Approved by the Collin County Appraisal Review Board. H. Approve a Resolution Approving the Certification of Anticipated Tax Collection Rate for the City of Allen for the 1994-95 Taxable Year. Resolution No. 1272-8.94(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, Collin County, Texas, for the 1994-95 Taxable Year. M & O Fund Balance $2,508,802 Debt Service Balance 451,175 No excess debt service taxes collected on the 1993-94 taxable year. Approve a Resolution Authorizing the Removal of Delinquent Taxes from the Tax Rolls on Real Property that has been Delinquent for more than 20 Years and on Personal Property that has been Delinquent for more than 10 Years as Required by Senate Bill 772. Resolution No. 1273-8-94(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing the Removal of Delinquent Taxes from the Tax Rolls on Real Property that has been Delinquent for more than 20 Years and on Personal Property that has been Delinquent for more than 10 Years as Required by Senate Bill 772. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION AUGUST 18, 1994 PAGE 5 End of Consent Air Council Committee Reports (Agenda Item V) Services: Recommendation of geothermal heating and air conditioning process for the Allen Recreational Facility * energy-efficient, low -maintenance and financially favorable * no compressor units outdoors or on top of roof * rebate from TU Electric Bid process for construction of Allen Recreation Facility will begin in September Overdue materials from the library Curfew proposal Civil Defense Siren update Fire Code/Sprinkler update Soccer fields 1/2 Cent Sales Tax for Park Funding Finance/Administration: No report Development: Mayor's: I Regional Transportation Council and Texas Department of Transportation 1995 Scheduling of Projects * September 8, 1994 - Regional Transportation Council will finalize the 1995 schedule * Members of Council and other representatives of our area will meet with TXDOT to appeal to reschedule the construction work on FM 2170 "back" to the original time frame of 1995 -- and not "bump" the project to the currently proposed time frame of 1997 * According to Dallas Regional Mobility Coalition's "backlogged" projects, the US 75 project between Bethany and SH 121 is #2 on the list Citizens can influence these and other projects by writing their state legislators and expressing their concerns Letter to Michael Morris regarding Allen's role in the air quality control issue Reviewed current agenda Transitional period of subcommittee changes to be completed by October 1 CIP Program for first-year sale of bonds ALLEN CITY COUNCIL REGULAR SESSION , AUGUST 18, 1994 Citizen's Comments PAGE 6 (Agenda Rem VI) Natalie Firtos, 1002 Mill Run, Allen, Texas, spoke before Council expressing great dissatisfaction with the process of resurfacing the streets in the High Meadow Subdivision, namely Mill Run Drive. She described how the tar and rocks have damaged her carpet, cars and kids' clothes — it is impossible to clean up! Doug Rather, 616 Meadowbrook Street, Allen, Texas, spoke before the Council concerning the littering problem and lack of privacy between the Wildwood Apartments and the homes on Meadowbrook that share an alleyway Mr. Rather feels a fence needs to be built along the Wildwood Apartments property line — not just planting shrubbery to designate the division. Howard Jarrett, 608 Meadowbrook Street, Allen, Texas, spoke before the Council expressing his dissatisfaction with the littering, broken bottles, clothing, car parts and loitering on his property that he must deal with due to the negligence of the apartment residents. He feels a fence needs to be built along the property line of the Wildwood Apartments. Kirk Raymond, 606 Meadowbrook Street, Allen, Texas, spoke before the Council expressing his concern for the debris that is deposited on his property from the neighboring apartment residents. He asked that the City please do something to clean up this alley area. Council assured these residents that Staff would look into this situation. Bill Petty, Director of Community Development, will relay this information to Joe Del Ferro, Environmental Health hispector. Mayor Farmer asked City Manager Jon McCarty for a summary of the various methods used for street maintenance and the alternatives for using 'chip -seal." City Manager Jon McCarty gave a brief overview of (1) slurry seal — "blackwashing" of streets; (2) milling - scraping off the asphalt by the curbline, take the asphalt milled off, add asphalt, rejuvenate and lay again; (3) chip -seal - emulsion and spread rocks on top; and (4) concrete. The "chip -seal" process is the most economical way to take care of the streets and extend the life of the streets. The chip -seal is 78c per square yard whereas to replace the streets with concrete would cost $36 per square yard Recoenize the Leadership Allen I'maram (Agenda Item VII) Shirley Mangrum, Chair of the Alumni Association for the Leadership Allen Program, spoke before the Council explaining the concept of the Alumni Association. The Alumni will attend meetings once a month — "Aluminites Out" — to discuss matters concerning Allen and to continue to strive to keep Allen a great place to be. She asked Council to keep the Leadership Allen Alumni in mind for various committees or boards involved with the City The Alumni are in the process of putting together a yearbook. Mayor Farmer and Council congratulated the Leadership Allen Alumni and expressed gratitude for their hard work and dedication to this program and to making Allen a better place to live for everyone. Councdmember Harmer, a Leadership Allen Alumni, stated that she was very impressed with the Leadership Allen program and was thankful for the opportunity to work with such talented people. ALLEN CITY COUNCIL REGULAR SESSION AUGUST 18, 1994 PAGE 7 Accept Resignation from Member of the Capital Improvement Advisory Committee (Agenda Item VIII) Council received a letter of resignation from Mark Hicks, Developer/Builder Representative of the Capital Improvement Advisory Committee. Mr. Hicks no longer resides in Allen and will no longer be able to serve on the committee MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to accept the resignation of Mark Hicks, Developer/Builder Representative of the Capital Improvement Advisory Committee. The motion carried. Consider Items Related to the Civil Service Election for Firefiehters Held on Aueust 13. 1994 (Agenda Item IX) Canvass of Election Returns (Agenda Item IX -A) Connie Schofield, Secretary to the City Secretary, reviewed for the City Council the results of the Special Election held on August 13, 1994 Mrs. Schofield reviewed the results of the early voting accumulated totals, election day voting accumulated totals, the combined election day and early voting accumulated totals, comparison of voters on election day for the Bond Election, June 25, 1994, and the Civil Service Election, August 13, 1994, and the recent voting history She also reviewed voting statistics including the number of registered voters — 14,700 — which indicated a 17% voter turnout. Mrs. Schofield indicated that the Firefighters for Civil Service Committee had requested a poll watcher be present at the August 13 Civil Service Election. The precinct totals verified the following results: Total Number of Votes Received Adoption of the Firefighters' FOR 982 Civil Service Law AGAINST 1,561 Consider a Resolution Declaring the Results of the Civil Service Election for Firefighters (Agenda item IX -B) Resolution No. 1274-8-94(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Declaring the Results of a Special Election Held in Response to a Petition from the Firefighters' Association Requesting a Vote of the Citizens Relative El to the Adoption or Rejection of the Firefighters' Civil Service Law Held on August 13, 1994. ALLEN CITY COUNCIL REGULAR SESSION Y AUGUST 18, 1994 11 PAGE 8 MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1274-8-94(R) as previously captioned declaring the results of the August 13, 1994 Special Election. The motion carried. Council took a brief recess. Consider Approval of Staff Recommendation for the Water Main Loop Around TRW Complex and Establishment of a Pro -Rata Charge to Reimburse the City and TRW for the Cost of Construction (Agenda Item X) George Conner, Director of Public Works, explained that TRW was requesting a water main loop around its complex for fire protection and continuous water service for its daily operations. With the present set-up, it is possible for TRW to be out of water if the 12 -inch main on Enterprise Drive or the 24 -inch main on Bethany Drive breaks. A plan has been determined that would satisfy TRW's concerns, meet with the approval of TRW's Facility Manager and benefit both the City and TRW This plan involves installing a 12 -inch water main south along US 75 northbound service road, from Enterprise Drive to Ridgemont Drive and then east on Ridgemont Drive to an existing 12 -inch water line at the Texet Building. This arrangement would ensure constant water service to the TRW complex in case of a main break on the 24 -inch water line on Bethany Drive. The plan would benefit the City by looping a large water main to service the southern part of the City Since this plan benefits both parties, the cost of this project should be shared equally between the City and TRW City share - $42,790 TRW share - $42,790 Funds are available for the City's share out of existing water and sewer bonds. A pro -rata charge could be developed where the City and TRW would be reimbursed for the cost of construction by future developers. MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the Council voted seven (7) for and none (0) opposed to approve a plan to install a 12 -inch water main south along US 75 northbound service road from Enterprise Drive to Ridgemont Drive and then east on Ridgemont Drive to an existing 12 -inch water line at the Texet Building and to approve the establishment of a pro -rata charge to reimburse the City and TRW for the cost of construction. The motion carried. I I ALLEN CITY COUNCIL REGULAR SESSION AUGUST 18, 1994 PAGE 9 Consider Approval of a Resolution for Participation in the Alternative Fuels Program which will be Funded 80% by the Texas Department of Transportation and 20% by the City of Allen (Agenda Item ICI) George Comer, Director of Public Works, explained to Council that the City of Allen had received the interlocal agreement for funding of an alternative fuels program. This agreement requires that the City of Allen pass a resolution authorizing participation in the alternative fuels program. The City has received confirmation of approval for grants for 80 % of the conversion cost of three (3) vehicles in 1994 and two (2) additional vehicles in 1995. Mr. Comer explained that a 1,000 gallon storage tank and pump will be placed at the Municipal Amex Service Center. Both Bill Petty, Director of Community Development, and Craig Gillis, Fire Marshal, have given their approval for this storage tank as long as proper installation and minimum distances are met. The grant from the State of Texas for fiscal year 1994 is $5,040 and fiscal year 1995 is $3,130. The City of Allen will pay the total costs and then will submit a billing statement to the Texas Department of Transportation and the City will be reimbursed for 80% of the costs which will make the City's cost for vehicle conversion approximately $340 each. There will be a cost of approxn tr ely $1,500 to supply power to the pump on the propane tank and approxmately $400 for fencing. Resolution No. 1275-8-94(11): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving the Terms and Conditions of an Interlocal Agreement by and Between the City of Allen, Texas and the State of Texas, Authorizing Participation in the Alternative Fuels Program; 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. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Kerr, the Comcil voted seven (7) for and none (0) opposed to approve Resolution No. 1275-8-94(R) as previously captioned. The motion carried Consider Adoption of a Resolution Determining the Need and Desire of the City Council to Sell Excess City Property East of US 75 and West of Future Century Drive (Agenda Item XII) Bill Petty, Director of Community Development, responded to Council's request to research the State law on the requirements for the sale of City -owned property Mr. Petty reviewed the following guidelines: An appraisal should be made of the property to determine fair market value. ALLEN CITY COUNCIL REGULAR SESSION AUGUST 18, 1994 PAGE 10 2. A notice to sell must be published on two separate dates in the local newspaper, and the sale or exchange may not be made until after the 14th day after the date of the second publication. A. The notice in the local newspaper must contain the provisions for the sealed bid process. B. The notice in the newspaper should also state that the governing body is not required to accept any bid or offer or to complete a sale or exchange. C. The property may not be sold for less than market value. City Attorney Don Crowder recommended that prior to the City Council advertising any properties for sale, a resolution should be adopted stating their intent and the necessity to do so. The City Attorney also recommended that the City Council ultimately adopt an ordinance ratifying the sale of each property The resolution stating the City Council's intent to sell the property between US 75 and future Century Drive states that this property may be sold in one or more tracts. This would provide the adjoining property owner to the north the possibility of purchasing the 2.7 -acre site for future development. Also, this property has two access points — one on US 75 and one on the future Century Drive. To place this property on the market for sale, an appraisal must be ordered and completed establishing a fair market value. Resolution No. 1276.8.94(R): A Resolution of the City of Allen, Collin County, Texas, Determining the Desire and Intent of the City Council to Sell Certain Property Located East of US 75, West of Future Century Drive, and South of McDermott Drive in Allen, Collin County, Texas. 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 approve Resolution No. 1276-8-94(R) as previously captioned. The motion carried. Consider Adoption of a Resolution Determining the Need and Desire of the City Council to Sell Excess City Property Located at the Northwest Corner of Ferris and McDermott Drive (Agenda Item XIII) Bill Petty, Director of Community Development, responded to Council's request to research the State law on the requirements for the sale of City -owned property Mr. Petty reviewed the following guidelines: 1. An appraisal should be made of the property to determine fair market value. 2. A notice to sell must be published on two separate data in the local newspaper, and the sale or exchange may not be made until after the 14th day after the date of the second publication. A. The notice in the local newspaper must contain the provisions for the sealed bid process ALLEN CITY COUNCIL REGULAR SESSION `{ AUGUST 18, 1994 PAGE 11 B. The notice in the newspaper should also state that the governing body is not required to accept any bid or offer or to complete a sale or exchange. C. The property may not be sold for less than market value. City Attorney Don Crowder recommended that prior to the City Council advertising any properties for sale, a resolution should be adopted stating their intent and the necessity to do so The City Attorney also recommended that the City Council ultimately adopt an ordinance ratifying the sale of each property The City property referred to in this resolution is the old water tower site at the northwest comer of McDermott and Ferris Drive, one tract equaling 12,000 square feet. In order to establish the fair market value of this property, an appraisal has been completed. The appraisal is a matter of public record and may be reviewed at the Community Development Department. Resolution No. 1277-8-94(R): A Resolution of the City of Allen, Collin County, Texas, Determining the Desire and Intent of the City Council to Sell Certain Property Located at the Northwest Comer of Ferris and McDermott Drive in Allen, Collin County, Texas. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1277-8-94(R) as previously captioned. The motion carried. Other Business (Agenda Item XIV) Calendar (Agenda Item XIV -A) August 26 8:45 a m. Second graders from Rountree Elementary tour City Hall August 27 9:00 a.m. - 7.00 p.m. Allen Country Fair September 1 6:00 p.m. Board Reception at Library Items of Interest (Agenda Item XIV -B) Need to appoint Interview Committee for Boards and Commission process; schedule dates and times for interviews Texas Municipal League Region 13 dinner meeting — September 8, 1994 Regional Transportation Council will finalize the 1995 schedule — September 8, 1994 Executive Session (Agenda Item XV) In accordance with The Texas Local Government Code, Personnel, Section 551.074, the Allen City Council convened into Executive Session at 9:15 p.m. in the Conference Room of the Allen Municipal Annex, ALLEN CITY COUNCIL REGULAR SESSION AUGUST 18, 1994 1AT"3fid One Butler Circle, Allen, Texas in order to discuss matters pertaining to personnel assignments, employee pay plan and benefits package. The Executive Session was adjourned at 1145 p.m. Reconvene (Agenda Item XVI) The Allen City Council reconvened into regular session at 11:46 p.m. on Thursday, August 18, 1994, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. Adirm (Agenda Item XVII) MOTION: Upon a motion made by Councilmember Nichols 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 11:47 p.m., on Thursday, August 18, 1994. The motion carried. These minutes approved on the 1st day of September , 1994 ATTEST: Jujfy Mo on, CMC, CITY SECRETARY I APPROVED: ��p67ii r�eLC_ JJ6e Farmer, MAYOR