HomeMy WebLinkAboutMin - 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:
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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.
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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