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Min - City Council - 1995 - 06/15 - RegularALLEN CITY COUNCIL El REGULAR MEETING JUNE 15, 1995 Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem David Kerr Doug Gallagher Mike Nichols Steve Terrell Sharon Hamner Brazeal 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 6:40 p.m. on Thursday, June 15, 1995, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item 11) Community Development Director Bill Petty reviewed proposals by Albertsons on the comer of US 75 and FM 2170. Building plans have been submitted for Albertson and the rest of the building plans for additional parcels will be submitted soon. He shared information regarding the elevations and the color scheme being planned. Discussion was held regarding the exterior construction of the budding. Additional research will be done with regard to past stipulation by the Council on that particular project. Bill Petty, Community Development Director, reviewed a request from the First Baptist Church to close Birch Street. He also reviewed future plans for the First Baptist Church and the Allen Independent School District (AISD). A request has been received from the tax office for a curb cut to provide access to the new tax office portable building. A suggestion was made that the tax office be located in a more suitable place that allows for convenient parking or to use the parking area already situated in the area and develop a drive to the tax office building. A curb cut onto McDermott was not recommended by Council. ALLEN CITY COUNCIL WORKSHOP SESSION JUNE 15, 1995 PAGE 2 Mediation on park property has been set for Friday, June 23 Council was requested to notify the City Manager of attendance plans. This might be an all -day session. Discussion of Consent Agenda and Remilar Agenda Items (Agenda Item III) Discussion was held regarding Agenda Item IX, First Reading of TCI Cablevision Franchise Ordinance and Agreement. A broad review of this item will take place during regular session. There have been two (2) changes made on both of the ordinances -- the ordinance would be effective immediately upon passage (July 20) and the effective date could be changed with both parties agreeing to the change and the effective date would then be agreed upon if necessary Discussion was held regarding Agenda Item VII, Request to Appear by Mr. Don Webb, Representative for Allen Church of Christ, Regarding the Parking Lot at the Allen Church of Christ and Athletic Events at Jupiter Park. Rhoda Savage. Director of Parks and Recreation, reviewed alternatives for dealing with the request regarding the puking lot at the Allen Church of Christ. Discussion was held regarding bike traffic at the intersection of US 75 and McDermott Road on the weekends. It was suggested that an alternative route be designed for cyclists through Allen and that intersection. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:35 p.m. on Thursday, June 15, 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 7,40 p.m. on Thursday, June 15, 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 Kerr and seconded by Councilmember Nichols, 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 the May 25, 1995, Joint AISD/Council Special Called Workshop. Approve Minutes of June 1, 1995, Regular Meeting. C. Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Kimley Horn & Associates, Inc. $ 83.91 For: Exchange Parkway West Alignment Study Street Assessments Period: Thin 4/30/95 I ALLEN CITY COUNCIL REGULAR SESSION .TUNE 15, 1995 2. Kimley Horn & Associates, Inc. For: McDermott Road Alignment Study 1985 Street Assessments Period: Thrt 4/30/95 3 Schrickel, Rollins and Associates, Inc. For: Ford Park Renovations 1992 Park Bonds Period Thm 5/1/95 4. Sperling Company For: Hillside Theater Completion 1992 Park Bonds Period: Thm 5/25/95 5. Terra -Mar, Inc. For: Recreation Building Facilities 1992 Park Bonds Period: Thm 6/8/95 6. Commercial Finish Group For: Recreation Building Facilities Facility Construction 1992 Park Bonds Period: Thm 6/1/95 7 Ron Hobbs, Architect For: Recreation Building Facilities Architectural Design Work 1992 Park Bonds Period: Thm 6/1/95 PAGE 3 $ 4971 $ 3,453.00 $ 26,456.01 $ 180.00 $200,586.59 $ 8,988.48 8. Gay and McCall, Inc. $ 4,304.50 For: Cottonwood Park Legal Condemnation Proceedings 1992 Park Bonds Period: 1/11/95 thm 5/31/95 D Consider a Resolution Waiving Tax Delinquency Charges on 107 Brentwood Court. Resolution No. 1339-6-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Accepting Payment for Taxes on the Property Located at 107 Brentwood Court. The motion carried. End of Consent A¢enda ALLEN CITY COUNCIL REGULAR SESSION JUNE 15, 1995 PAGE 4 Council Committee Reports (Agenda Item V) Finance/Administration: Citizen's Comments (Agenda Item VI) There were no citizen's continents. Request to Appear by Mr. Don Webb, Representative for Allen Church of Christ, Regarding the Parking Lot at the Allen Church of Christ and Athletic Events at Jupiter Park (Agenda Item V11) Don Webb, Representative for the Allen Church of Christ, reviewed a proposal ideal for the Allen Church of Christ. He expressed concern for safety, especially for the children of ASA (Allen Sports Association) and the Allen Church. He also expressed concern for the appropriate use of the property, allowing for the property to be properly cared for and the Church to be able to use its own facility unhindered by park participants. Mr. Webb also expressed concern over the attitudes expressed when attempting to solicit the help of park patrons with the difficulties encountered because of their use of the Church property Mr. Webb reviewed a proposal that would expand the "drive approach" and parking for the Church and would alleviate some of the existing concerns. Cable TV first reading Scheduled meeting Thursday, June 22 Services: Update on Fire Code Ordinance Interlocal agreement - Plano Public Library Communication system upgrade Animal shelter update Development: Exchange/McDermott alignment FM 2170 East Strategic Plan issues Economic Development update r Awards Ceremony sponsored by Meadows Foundation Flag Day ceremonies on June 14 Mayor's: Current Council agenda Request from First Baptist Church Cable TV Vern Lahart's notice of retirement Citizen's Comments (Agenda Item VI) There were no citizen's continents. Request to Appear by Mr. Don Webb, Representative for Allen Church of Christ, Regarding the Parking Lot at the Allen Church of Christ and Athletic Events at Jupiter Park (Agenda Item V11) Don Webb, Representative for the Allen Church of Christ, reviewed a proposal ideal for the Allen Church of Christ. He expressed concern for safety, especially for the children of ASA (Allen Sports Association) and the Allen Church. He also expressed concern for the appropriate use of the property, allowing for the property to be properly cared for and the Church to be able to use its own facility unhindered by park participants. Mr. Webb also expressed concern over the attitudes expressed when attempting to solicit the help of park patrons with the difficulties encountered because of their use of the Church property Mr. Webb reviewed a proposal that would expand the "drive approach" and parking for the Church and would alleviate some of the existing concerns. ALLEN CITY COUNCIL REGULAR SESSION El JUNE 15, 1995 PAGE 5 Rhoda Savage, Director of Parks and Recreation, presented information regarding an alternative to Mr. Webb's proposal which included fencing and landscaping. Due to damage already done to the Church property, Mr. Webb informed the Council he would expect some type of reciprocation or reimbursement for past damage if the landscape issue were considered. 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 assign this topic to the Services Subcommittee for a study and a future recommendation to the Council that would be ideal to both the Church and the City The motion carried. Presentation of Tenure Pins and Certificates -of -Appreciation to City Staff (Agenda Item VIII) City Manager Jon McCarty presented tenure pins and Mayor Farmer presented Certificates -of - Appreciation to the following employees for their tenure with the City of Allen. 10 YEAR Bret Miller* Sally Leeper Charlotte Smith 5 YEAR David Pitstick Dee Shanklin* Richard Edwards* Michael Lopez* B. J Willis* Lynn Cohen* Jimmy Knipp Several employees were not present (*) but will receive their tenure pins and Certificates -of -Appreciation at a later time. 20 YEAR Richard Carroll Becci Maffioli* C, l5 YEAR r Conrad Averna Michael Stephens* Paul Michael Duckworth John Dee Miller* 10 YEAR Bret Miller* Sally Leeper Charlotte Smith 5 YEAR David Pitstick Dee Shanklin* Richard Edwards* Michael Lopez* B. J Willis* Lynn Cohen* Jimmy Knipp Several employees were not present (*) but will receive their tenure pins and Certificates -of -Appreciation at a later time. I ALLEN CITY COUNCIL REGULAR SESSION JUNE 15, 1995 First Reading of TCI Cablevision Franchise Ordinance and Aereement PAGE 6 (Agenda Item IX) Finance/Administration Subcommittee and City Manager Jon McCarty reviewed the background regarding the Cable TV franchise ordinance and agreement. For over two (2) years, Staff and members of the Finance/Administration Subcommittee have been talking with representatives of TCI Cable for the purpose of negotiating a franchise renewal for cable television service in the City The first reading of the Ordinance is before the Council at this time. The July 6 meeting will be the second reading and a public hearing will he conducted. The July 20 meeting will be the third and final reading which would trigger a 30 -day period for TCI Cable to execute the agreement. Significant changes in the franchise agreement include system rebuild; public, educational and governmental channels; customer service standards; extensions to new neighborhoods; and access to an off - premise studio operated by TCI Cable at no cost to the City Ordinance No. 1340-6-95: An Ordinance of the City of Allen, Texas, Governing the Granting of Franchises for, and the Installation, Construction, Operation and Regulation of Cable Television Systems in the City of Allen. 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 Ordinance No 1340-6-95 as previously captioned and in accordance with Finance/Administration Subcommittee recommendation with the following changes: 1. The Ordinance would be effective immediately upon passage; and, 2. If for some reason the July 20 date cannot be met, an extension to the current franchise agreement shall be agreed upon by both parties. The motion carried. Ordinance No. 1341-6-95: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Granting a Franchise to Communications Services, Inc., to Construct, Maintain, suit Operate a Cable Television System Within the City of Allen Under the Provisions of Ordinance No. 1340-6-95. MOTION: 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. 1341-6-95 as previously captioned and in accordance with Finance/Administration Subcommittee recommendation with the following changes: 1. The Ordinance would be effective immediately upon passage; and, ALLEN CITY COUNCIL REGULAR SESSION JUNE 15, 1995 PAGE 7 2. If for some reason the July 20 date cannot be met, an extension to the current franchise agreement shall be agreed upon by both parties. The motion carried. 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 set a public hearing at the regular Council meeting on July 6, 1995 to solicit citizen input regarding the franchise agreement and ordinance. The motion carried. Other Business (Agenda Item X) NCTCOG General Assembly Meeting (Agenda Item X -A) City Secretary Judy Morrison unformed the Council of the 29th Annual General Assembly Meeting to be held on Friday, June 23, at 1200 noon. Anyone interested in attending the meeting is to notify the City Secretary Calendar (Agenda Item X -B) Finance/Administration t' Subcommittee Meeting Rescheduled for Thursday, June 22 Council Workshop 11:00 a.m. Monday, June 26 - Council Chambers Items of Interest (Agenda Item X-C) North Texas Commission New Leadership Barbecue will be held on Friday, June 23, at 4:30 p in to 7:30 p.m. Vem Lahart's reception will be held Monday, June 26, 5:00 p.m. to 7.00 p.m. at the Allen Public Library Municipal Messenger to be delivered patrons approximately July 29 Council business cards Executive Session (Agenda Item XI) There was no Executive Session held as previously planned. Reconvene (Agenda Item XII) The Council did not convene into Executive Session. ALLEN CITY COUNCIL REGULAR SESSION JUNE 15, 1995 Adjourn PAGE 8 (Agenda Item XIII) MOTION: 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 adjourn the regular session of the Allen City Council at 8:50 p.m. on Thursday, June 15, 1995. The motion carried. These minutes approved on the 6th day of July , 1995. ATTEST: OL J Mo , CMC, CITY SECRETARY I APPROVED: �� ?alw- ce Farmer, MAYOR