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Min - City Council - 1995 - 03/02 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 2, 1995 Present: Joe Farmer, Mayor Coundhatembers: Kevin Lilly, Mayor Pro Tem David Kerr David Bishop Mike Nichols Steve Terrell (absent) Sharon Hamner city St 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 6:30 p.m. on Thursday, March 2, 1995, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item II) Public Works Director, George Conner, and representatives from Kimley-Horn and Associates reviewed the alignment of Exchange Parkway, analyzing the drainage impact, aesthetics (removal of the fewest number of trees) and various costs. L. C. Summers will be present this evening during Citizen's Comments to discuss two (2) dams built in the late 1880's and early 1900's and his request for their historical designation. It was suggested the date monument stone be removed from the dam of 1912 and be set as a historical marker near the completed road in the future. Public Works Director, George Conner, also discussed the North Texas Municipal Water District sewer projection for the near future for Allen along SH 121. This topic has arisen due to information regarding McKinney's economic development projections. A memorandum was distributed from Texas Department of Transportation indicating that FM 2170 from SH 5 to Allen Heights Drive will not be cleared for letting in April 1995. A more realistic letting date will be June 1995. The extension of date relates to an environmental clearance that has not taken place from the federal i office. It was noted that if public hearings need to take place, this date could be extended even further in the future. I ALLEN CITY COUNCIL WORKSHOP SESSION MARCH 2, 1995 Discussion of Consent Agenda and Reeular Aeenda Items PAGE 2 (Agenda Item IH) Mayor Farmer began the review of the agenda items Discussion was held regarding Agenda Item VI, Citizen's Comments. Council was informed of an Allen taxpayer who had a discrepancy with a delinquency charge on his ad valorem taxes due to a mix-up at the time of closing his property He may be present for Citizen's Comments. Discussion was held regarding Agenda Item VII, Public Hearing on Proposed Charter Amendments. Council was briefed on the procedure for the public hearing on the Charter amendments. The City Manager will give a brief overview and introduce Michael Stanger, Assistant to City Manager, who will discuss the procedure and Terrell Blodgett who will review the actual amendments that Council had previously reviewed. Discussion was held regarding Agenda Item VIII, Review Utility Bids for Bethany Lakes Recreation Facility Discussion was held regarding the bids of Bethany Lakes Recreational Facility Although information that Council had received indicated awarding the bid to the lowest bid, additional circumstances dictate that Council reject all bids and authorize Staff to again go out for bids on the Bethany Lakes Recreational Facility utility project. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:25 p.m. on Thursday, March 2, 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, March 2, 1995 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 Kerr, 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 February 16, 1995, Regular Meeting. B. Approve Minutes of February 23, 1995, Special Called Workshop. C. Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program as follows 1 Commercial Finish Group $241,156.75 For: Recreation Building Facilities 1992 Park Bonds Period: February 1995 ALLEN CITY COUNCIL REGULAR SESSION MARCH 2, 1995 PAGE 3 2. Ron Hobbs, Architect $ 12,647.60 For: Recreation Building Facilities 1992 Park Bonds Period: January 1995 D. Accept Resignation of Planning and Zoning Commissioner, Place No. 1. John Garcia June 1984 - February 1995 E. Consider an Ordinance (Third Reading of Three) to Extend the Cable Television Franchise to July 20, 1995. Ordinance No. 1315-2-95: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Ordinance No. 291, Providing for the Extension of the Term of the Franchise Granted to Media Systems, Inc., and Providing for an Effective Date. F Approve Request for Proposal for Bank Depository Contract. Council authorized the City of Allen to accept a Request for Proposal or "RFP" which is intended to serve as the bid form for the Depository agreement. Charlotte Smith, Finance Director, was designated as the coordinator and contact person for the bidding process to review submitted proposals from eligible financial institutions to be the Banking Services Depository for the City The RFP is in accordance with Finance/Administration Subcommittee recommendation. G. Consider Resolution in Support of the Dallas Regional mobility Coalition recommendation to name the Proposed State Highway (SH) 190 in Honor of Former President George Bush. Resolution No. 1322-3-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Requesting that the Texas Turnpike Authority Name the Proposed State Highway (SH) 190 Tollway and Its Future Extensions in Honor of Former President George Bush H. Approve Bid for Furnishing Street Lights for Allen Heights -Edelweiss Drive to Park Place Drive. Council authorized Public Works Director George Conner to sign the Texas Utility (TU) work order, W.A. No. 1830, that requests the street lights for Allen Heights - Edelweiss Drive to Park Place Drive Texas Utility estimated a cost of $33,762 to provide 10 single luminaries and 4 double luminaries. This is a turn -key project. E' The motion carried. ALLEN CITY COUNCIL REGULAR SESSION i MARCH 2, 1995 PAGE 4 End of Consent Aeenda Council Committee Reports (Agenda Item V) Finance/Administration: Water and Sewer General Obligation securities Sale of $3,760,000 Water and Sewer Revenue Bonds Bank Depository Request for Proposal (RFP) Spring Planning Session Development: Will meet on Wednesday, March 8 Services: Will meet Friday. March 3 Recreation Center r Traffic Safety Task Force Juvenile Curfew Mayor's: Reviewed current agenda Discussed Charter amendments Ashley's Laws update Support of City sales tax information Punch List items removed such as NTMWD membership and customer service Citizen's Comments (Agenda Item VI) L. C. Summers, 412 Ellis, Allen, Texas, spoke before the Council in support of rerouting Exchange Parkway to save a dam built in 1912 in addition to the enhancement of the dam of the late 1800's. He recommended Exchange Parkway be realigned to the north about 125 feet. Public Hearing on Proposed Charter Amendments (Agenda Item VII) City Manager Jon McCarty introduced Charter expert counsel Terrell Blodgett and legal expert counsel Rob Dillard with Nichols, Jackson, Dillard, Hager and Smith. Michael Stanger, Assistant to the City Manager, reviewed the context and process of the Charter amendment revision. The Charter revision project was adopted as part of the Strategic Plan last budget year. On February 2, the Council also adopted a resolution stating their intent to propose amendments to the City Charter rather than an entirely new Charter. It is the Council's intent to have this amendment election on May 6 during the regular municipal election. ALLEN CITY COUNCIL REGULAR SESSION MARCH 2, 1995 PAGE 5 Terrell Blodgett, expert Charter counsel, indicated that the City of Allen has a basically sound Charter that has done well since its inception in 1979 He reviewed basic strengths of the Charter in allowing citizens' various rights including referendums, right to recall officials, etc. However, after sixteen (16) years, the Charter has become outdated due to state law or with "out right" conflicts with state law and with out -dated Charter provisions. In order for the Charter to be readable, understandable, up-to-date and accurate, Charter amendments do need to take place on a regular basis. Mayor Farmer read the request into the record as follows: "Public Hearing on Proposed Charter Amendments." 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. Council took no further action on this item at this time. Review Utility Bids for Bethany fakes Recreation Facility (Agenda Item VIII) Council was informed that Staff is requesting Council to refect all bids and authorize Staff to rebid the utilities for Bethany Lakes Recreational Facilities. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to reject all bids and authorize City Staff to advertise and accept bids for water and sewer installation at Bethany Lakes Park. The motion carried. Review and Approve Implementation Plan for Traffic Safety Task Force Recommendations (Agenda Item IIp It is the desire of the Traffic Safety Task Force Committee to not he dissolved, but to remain as an ad hoc committee for items that may come up in the future. Although the Council approved by resolution a policy that would allow Staff to install rumble strips, recommendation has taken place to provide a budget for items such as rumble strips, additional traffic enforcement and educational vehicles for the 1994 budget year. Discussion was held regarding the "earmarking" of certain monies for high concern areas due and the fear of setting this a precedent. It was felt that this patrolling should be carried out on a day-by-day basis of regular department duties. It was also concluded that an assessment and determination of the effectiveness of the program needs to be considered in the future to see if this recommendation is in actuality solving the problem. If indeed this is a "fix" to a very serious issue that has arisen, then $10,000 is a small price to pay for the safety of children' lives. ALLEN CITY COUNCIL REGULAR SESSION MARCH 2, 1995 PAGE 6 MOTION: Upon a motion made by Councilmember Banner and seconded by Mayor Pro Tem Lilly, the Council voted six (6) for and none (0) opposed to approve the budget in the amount of $10,000 for the remainder of this fiscal year to meet the Safety Task Force recommendation needs to include rumble strips, traffic enforcement and educational materials with additional enforcement in high targeted areas, not the only enforcement in these areas, and to include an assessment and evaluation of the program at some future date. The motion carried. Other Business Legislative Report (Agenda Item X) (Agenda Item X -A) Michael Stanger, Assistant to the City Manager, reviewed some legislative issues with the Council including Ashley's Laws 7:00 p.m. begin at 12:00 p.m. on April 7 Charter Revision Workshop Spring Planning Session (Agenda Item X -B) (Agenda Item X-C) Municipal Messenger Information was distributed regarding the upcoming Municipal Messenger. Council was invited to provide additional topics of interest for the issue to City Secretary Judy Morrison as soon as possible. Executive Session (Agenda Item XI) In accordance with The Texas Local Government Code, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 9:25 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to (1) Property Sale to Economic Development Prospect and (2) Appointments to City Boards. There was no action taken on nems discussed during Executive Session. The Executive Session was adjourned at 11.25 p.m. Reconvene (Agenda Item XII) The Allen City Council reconvened into regular session at 11.26 p.m. on Thursday, March 2, 1995, in the Council Chambers of the Allen Municipal Annex, Calendar March 8 April 7 and 8 Items of Interest 7:00 p.m. begin at 12:00 p.m. on April 7 Charter Revision Workshop Spring Planning Session (Agenda Item X -B) (Agenda Item X-C) Municipal Messenger Information was distributed regarding the upcoming Municipal Messenger. Council was invited to provide additional topics of interest for the issue to City Secretary Judy Morrison as soon as possible. Executive Session (Agenda Item XI) In accordance with The Texas Local Government Code, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 9:25 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to (1) Property Sale to Economic Development Prospect and (2) Appointments to City Boards. There was no action taken on nems discussed during Executive Session. The Executive Session was adjourned at 11.25 p.m. Reconvene (Agenda Item XII) The Allen City Council reconvened into regular session at 11.26 p.m. on Thursday, March 2, 1995, in the Council Chambers of the Allen Municipal Annex, ALLEN CITY COUNCIL REGULAR SESSION MARCH 2, 1995 Adjourn PAGE 7 (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Kerr 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 11.27 p.m. on Thursday, March 2, 1995. The motion carried. These minutes approved on the 16th day of March , 1995. ATTEST:�///1 a4 d /i1.efiY.[40�— Ady M 'son, CMC, CITY SECRETARY A APPROVED: %� Joe Farmer, MAYOR