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Min - City Council - 1995 - 01/05 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 5, 1995 Present: Joe Farmer, Mayor Councilmembers• Kevin Lilly, Mayor Pro Tem David Kerr David Bishop Mike Nichols (arrived at the beginning of Executive Session) Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, 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 6:35 p.m. on Thursday, January 5, 1995, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item II) Developer Jim Douglas owes the City approximately $44,800 in pro rata charges and the City owes him approximately $67,000 for its share of a bridge construction. The City Manager requested authority to administratively handle the "swap" of pro rata charges and the bridge fees in one transaction. Council authorized the City Manager to do so. The City of Allen received correspondence from the Chairman of the Mayors' Metroplex Committee, David Blair, Mayor of Farmers Branch, as a result of a request from the Mayor of Lancaster for priority backing for 1-35 South and the use of discretionary funds for this project. Council felt this might affect the US 75 project since it also uses discretionary funds. Although the Council cannot support this particular issue, Council felt it was necessary to address the topic and possible repercussions of it. The City Manager will handle the item administratively i Representatives of the one-half cent sales tax committee will be present at the meeting tonight to review its goals and objectives. ALLEN CITY COUNCIL WORKSHOP SESSION JANUARY 5, 1995 PAGE 2 Information was requested regarding additional recycling opportunities in the City of Allen and a complaint regarding placement of the recycling bins. The Director of Public Works will relay this information to the Council at a later date. Discussion of Consent Agenda and Reeular Aeenda Items (Agenda Item III) Mayor Farmer began the review of the Consent Agenda items. Staff is asking that Consent Agenda Item III, Item F, Set February 2, 1995, as a Public Hearing Date to Consider an Amendment to PD N3 and Site Plan Approval for Southwest Staple on Behalf of Mr. Richard Feggan, be removed from the Consent Agenda. Discussion was held regarding Agenda Item VII, Consider Items Related to the Rates for Cable Television Tier One and Associated Equipment. Finance/Administration Subcommittee is recommending that the Council adopt an Accounting Order rather than the ordinance in the packet. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:25 p.m. on Thursday, January 5, 1995. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:35 p.m. on Thursday, January 5, 1995 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) Councilmember Hamner requested that Item F, Set February 2, 1995, as a Public Hearing Date to Consider an Amendment to PD N3 and Site Plan Approval for Southwest Staple on Behalf of Mr. Richard Feggan, be removed from the Consent Agenda in accordance with Staff recommendation. MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Kerr, the Council voted six (6) for and none (0) opposed to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of December 15, 1994, Regular Session. B. Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Terra -Mar, Inc. $ 877.00 For: Recreation Building 1992 Park Bonds EPeriod: December 1994 ALLEN CITY COUNCIL REGULAR SESSION JANUARY 5, 1995 PAGE 3 2. Commercial Finish Group $90,022.94 For, Recreation Building 1992 Park Bonds Period: December 1994 Commercial Finish Group $61,944.79 For: Recreation Building 1992 Park Bonds Period: December 1994 4. Graham Associates, Inc. $19,465.00 For: FM 2170 East 1985 Street Bonds Period. December 30, 1994 The motion carried. C. Approve a Resolution Authorizing Certain Individuals to Buy and Sell Securities for the City Resolution No. 1309-1-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing Certain Individuals to Buy and Sell Securities Now Registered or Hereafter Registered in the Name of the City of Allen, Texas. D. Authorize Execution of an Interlocal Agreement with Collin County for Consulting Services on SH 121. Council authorized City Manager Jon McCarty to enter into an Interlocal Agreement between Collin County and the City of Allen regarding consultant services provided by Robert Pope & Associates for the period of October 1, 1994 to September 30, 1995 in the amount of $856.80 for this year's funding. E. Approve an Ordinance Confirming that No Update of Land Use Assumptions, Capital Improvements Plan or Impact Fees is Needed Ordinance No. 1310-1-95: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Capital Improvements Plan Ordinance No. 1068-12- 91 and Chapter 12, Article II of the Allen Code of Ordinances; Determining that an Update in Land Use Assumptions, Capital Improvements Plan, or Impact Fee is Needed; Providing for a Severability Clause and Providing an Effective Date. The motion carried. LEnd of Consent Aeenda ALLEN CITY COUNCIL REGULAR SESSION JANUARY 5, 1995 PAGE 4 Council Committee Reim rts (Agenda Item V) Development: Two items are listed on the agenda tonight — relocation of the Economic Development Office and the proposals for voice/data network backbone at City office campus Services: Meeting scheduled for Friday morning, January 6 Progress has been slowed on the Recreation Center due to the inclement weather Finance/Administration: Meeting scheduled for January 17 One item on agenda tonight regarding rates for cable television tier one and associated equipment Mayor's: No report Citizen's Comments (Agenda Item VI) Lonnie Thomas, 901 Tyler Court, Allen, Texas, spoke before the Council as representative of the Citizens for Quality of Life Specific Purpose Committee. Key points of the committee will include quality of life, financial amenities and citizen involvement. Members of the committee include. Robin Sedlacek, Leah Magruder, Mark Stout, Ken Purcell, Kim Rose, Fred Belcher, Don Brazeal and Noel Crume. Consider Items Related to the Rates for Cable Television Tier One and Associated Eauimnent (Agenda Item VII) First Southwest Company representing the City of Allen is in disagreement with TCI regarding the calculation of hourly service charge, installations and equipment. TCI Cablevision of North Texas, Inc. (TCI) interprets the rules to state that they do not need to completely fill out Form 1205 and may instead utilize the equipment and installation charges filed with Form 393. TCI has stated that if the cities incorporate First Southwest Company's findings into the rate order, they will be forced to appeal the rate order. Therefore, the Finance/Administration Subcommittee is recommending that Council pass the Accounting Order to suspend the City's deadline until the Federal Communications Commission (FCC) can rule on the issue of equipment and installation rates. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to authorize the City Manager to execute the Accounting Order to suspend the City's deadline until the Federal Communications Commission El(FCC) can role on the issue of equipment and installation rates in accordance with Finance/Administration Subcommittee recommendation. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION JANUARY 5, 1995 PAGE 5 Authorize a Request for Proposals for Voice and Data Network Backbone at City Office Campus (Agenda Item VIII) A Request for Proposals (RFP) has been developed by Staff and Craig Consulting & Engineering of Dallas which contains detailed specifications for materials, installation, testing and documentation of conduit, fiber optic cable, twisted pair copper cable and distribution panels within each building. The Municipal Annex, Police Department, Fire Administration and Library will be connected with underground cable and Code Enforcement will be connected by aerial cable. Staff expects their installation and testing should be completed by the end of April. Approximately $35,000 is estimated for this cable backbone project. Council requested Staff research into possible cabling connections with the Allen Independent School District (AISD) MOTION: Upon a motion [Wade by Councilmember Hamner and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to authorize Staff to dispatch the Request for Proposals (RFP) for the campus voice/data backbone cable plan in accordance with Development Subcommittee recommendation. The motion carried Authorize Negotiations for Purchase of City Community Park and Set Public Hearing Date for January 19, 1995. as Required for Grant Assistance (Agenda Item IX) The 1994 bond sales included funds for a large City park referred to as the Tycher Tract. City Staff would like to begin negotiations for the acquisition of this park and submit a grant application to the Texas Parks and Wildlife Department requesting assistance in this property acquisition. The amount of land located in the area is approxn idely 95.2 acres. After a preliminary site analysis, the desired park acres include 25.8 acres floodplain and 69 4 acres non -floodplain. The bonds sold to purchase this land equals $1.7 million and grant funds requested will be the maximum allowed at $500,000 MOTION: Upon a motion made by Councilmember Bishop and seconded by Mayor Pro Tem Lilly, the Council voted six (6) for and none (0) opposed to authorize the following: 1. Authorize the City to pursue initiation of the land acquisition process for the total of 95.2 acres of proposed parkland. 2. Set a Public Hearing on this project to be held at the next regular Council meeting, January 19, 1995 This item is a requirement of the Texas Parks and Wildlife Department for grant assistance. 3 Authorize the City Manager to execute a contract for a site appraisal with Marlin B. Blake and Associates, Inc. This action is needed for establishing fair market value for acquisition negotiations as well as information needed for the grant submittal to Texas Parks and Wildlife. 4. Authorize the City Manager to seek legal counsel and retain the services of an attorney as necessary to pursue the condemnation process. I I I ALLEN CITY COUNCIL REGULAR SESSION JANUARY 5, 1995 PAGE 6 Recognize the importance of coordinating our City efforts with those of the Allen Independent School District (AISD) regarding purchase of land for both parks and schools. It is imperative that the City and school work together scheduling activities related to the condemnation process. The motion carried. Other Business (Agenda Item X) Texas Municipal League (PML) Legislative Briefing Attendance (Agenda Item X -A) Council was informed of the TML member city legislative briefing and luncheon to be held on February 6 and the Collin County Day will be held on Wednesday, February 22. Council was instructed to notify City Manager Ion McCarty with their attendance plans. Calendar Chamber Banquet First day for candidates to file for office Items of Interest There were no items of interest. Economic Development Office Relocation February 18 February 20 (Agenda Item X -B) (Agenda Item X-C) (Agenda Item X -D) Discussion was held regarding the Economic Development Corporation office relocation to donated office space in the Bethany Tech Center. Discussion was held regarding office space at City Hall as well as the new office space at Bethany Tech Center due to already overcrowded conditions for City employees. The office relocation expenses were reviewed and shown to be a total of $9,871. There was no action taken on this item. David Pitstick, Director of Economic Development, also announced that his assistant, Sam Satterwhite, has given his letter of resignation to be effective February 15. Sam will be relocating to Coral Gables, Florida. NOTE: Due to a prior commitment, Councilmember Nichols was not able to attend the regular Council meeting, but did join the Council prior to the Executive Session Executive Session (Agenda Item XI) In accordance with The Texas Local Government Code, Personnel, Section 551 074, the Allen City Council convened into Executive Session at 9:00 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to Personnel — Council Employee Contracts. ALLEN CITY COUNCIL EREGULAR SESSION , JANUARY 5, 1995 PAGE 7 The Executive Session was adjourned at 10:22 p.m. Reconvene (Agenda Item XII) The Allen City Council reconvened into regular session at 10:23 p.m. on Thursday, January 5, 1995, in the Council Chambers of the Allen Municipal Annex. Adjourn (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:24 p.m. on Thursday, January 5, 1995. The motion carried. These minutes approved on the 19th day of January , 1995. ATTEST: dy M •ison, CMC, CITY SECRETARY 1 APPROVED: �4r Joe Farmer, MAYOR