Min - City Council - 1989 - 12/07 - RegularALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989
Present:
Joe Farmer, Mayor
Council Members.
Rex Womack
Jerry Wilson, Mayor Pro Tem
Bobby Glass
Jim Wolfe (Absent)
Alan Fyke
Gary Edstrom
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
WORKSHOP SESSION - 8:45 P.M.
With a quorum of the Council Members present, the workshop session of the
Allen City Council was called to order by Mayor Farmer at 7 05 p.m. on Thursday,
December 7, 1989, in the Conference Room of the Allen Municipal Annex, One
Butler Circle, Allen, Texas.
Discussion of Consent Agenda
and Regular Agenda Itemm
(Agenda Item II)
Mayor Farmer began the review of the Consent Agenda items Item D
regarding the resubmission of an application to the Texas Department of Commerce
for a Texas Capital Fund Grant will be pulled from the consent agenda due to
discussions held previously regarding this subject. A recommendation will come
forward to hold a public hearing on December 14 at 6.00 p.m.
Discussion was also held regarding the partial release of retainage to Tri -
Con for Main Street 11 /Ill improvements The project is almost complete, with no
delays Staff indicated this is one of the best contractors it has worked with and
therefore, staff is recommending a reduction in retainage from 5% to 21,$.
A question was raised regarding the payment to Sasaki from the Library
Bond Funds There was no further discussion on this item.
ALLEN CITY COUNCIL
WORKSHOP SESSION
DECEMBER 7, 1989
PAGE 2
Discussion of Consent Agenda
and Regular Agenda Items (Cont'd) (Agenda Item II)
Mayor Farmer reviewed Agenda Item VI, Request to Appear by Stacy Brown,
Executive Director, Allen Community Outreach to Present an Overview of their
Various Community Service Programs. There was no discussion on this item.
Mayor Farmer reviewed Agenda Item VII, Public Hearing on a Request for
Specific Use Permit for Auto Tire and Repair Facility with Site Plan on Property
Located 400 Feet South of the Southeast Corner of SH 5 and Bethany Drive in PD
Shopping Center No. 4 as Requested by Bill Davidson. Discussion was held
regarding the fence in relation to the utility easement and the need to leave the
easement unfenced. This will be brought up for discussion during the regular
meeting There was no further discussion on this item.
Mayor Farmer reviewed Agenda Item VIII, Consider an Ordinance Approving
Rates for Lone Star Gas Company within the City of Allen. Discussion was held
regarding several changes to the ordinance before the Council. Those changes
will be noted during the regular meeting and the ordinance should be adopted
with those changes There was no further discussion on this item.
�j Mayor Farmer reviewed Agenda Item IX, Review and Approve Specifications
Ems? for Purchase of Sewer Jet Truck for Public Works Department and Authorize
Solicitation of Bids There was no discussion on this item.
L
Mayor Farmer reviewed Agenda Item X, Consider Capital Improvement
Projects for the Fiscal Year 1989-90 Using Remaining Bond Funds No subcommit-
tee has any information regarding capital improvement projects' use of bond funds
There was no further discussion on this item.
Mayor Farmer reviewed Agenda Item XI, Discuss the Implications of
Proposition 5, the Freeport Amendment, Approved at the November 7, 1989
Election. Statistics compiled by Judy Morrison regarding the city's opinion of the
freeport amendment as reflected in the November 7 election was distributed to the
Council. Jon McCarty, City Manager, will present a brief summary regarding this
topic during the regular session. There was no further discussion on this item.
Mayor Farmer reviewed Agenda Item XII, Other Business. There was no
discussion on this item.
Council Committee Reports.
Finance/Administration
(Agenda Item III -A)
This agenda item was passed over There was no discussion on this agenda
item.
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ALLEN CITY COUNCIL
WORKSHOP SESSION
DECEMBER 7, 1989 PAGE 3
Council Committee Reports.
Development (Agenda Item III -B)
This agenda item was passed over There was no discussion on this agenda
item.
Council Committee Reports.
Services (Agenda Item III -C)
This agenda item was passed over There was no discussion on this agenda.
Items of Interest to the Council (Agenda Item IV)
This agenda item was passed over There was no discussion on this agenda
item.
With no further discussion, the workshop session of the Allen City Council
was adjourned at 7 30 p.m. on Thursday, December 7, 1989
REGULAR SESSION - 7:30 P.M.
With a quorum of the Council Members present, the regular session of the
Allen City Council was called to order by Mayor Farmer at 7 35 p.m. on Thursday,
December 7, 1989, in the Council Chambers of the Allen Municipal Annex, One
Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item V)
MOTION Upon a motion made by Councilman Womack and seconded by
Councilman Edstrom, 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. Approval of City Council Minutes of November 16, 1989 -
Regular Session.
B Authorization to city staff to pay bills associated with the 1985
Capital Improvement Program as follows
1 R. J DeWees & Son $516.00
For- Installation of dividing curtains
- Police & Courts Building
Period. Thru August 25, 1989
2. Wilhide, Inc. $15,000.00
For- Furniture (partial pmt.) -
Police & Courts Building
Period. Thru November 15, 1989
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989
CONSENT AGENDA (Cont'd)
3. Dring Engineering
For, HVAC maintenance contract -
Library
Period. Nov 1, 1989 - Oct. 31, 1990
4. Budget Signs
For, Library signage
Period. June thru Nov , 1989
5 Acquisition Association
For, Negotiations on SEC & NEC -
Bethany/U S. 75
Period. Aug thru Oct., 1989
6 Savoy Suppliers
For, Glass beads for painting - Main
Street Phases II & III
Period. Thru November 10, 1989
7 Boone Electric
For, Moving electric State Farm
Insurance building (112 cost)
Period. Thru November 17, 1989
8 Sasaki Associates
For, Personnel & reimbursable
expenses - Allen Town Square
Period. Thru October 28, 1989
9 Tri -Con Services
For- Paving & drainage - Main
Street Phases 11 & III
Period. Oct. 26 - Nov 25, 1989
10. Graham & Associates
For* Construction staking -
McDermott Drive
Period. Thru November 28, 1989
11 Lloyd, Gosselink, Ryan & Fowler
For, Professional services - Special
Use Facility
Period. Thru October 31, 1989
PAGE 4
(Agenda Item V)
$1,545 00
$1,926.00
$370 00
$246.00
$236 00
$3,339 58
$62,700 00
$450 00
$450.67
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989 PAGE 5
CONSENT AGENDA (Cont`d) (Agenda Item V)
12. Tri -Con Services $$,470 37
For, Release one half retainage -
McDermott project
Period. Thru entire contract
13. Roadrunner Traffic $52 60
For• Signs - McDermott Project -
Main Street Phases II & III
Period. Thru November 7, 1989
E. Authorize Staff to Advertise for Bids for Antique Lighting
Fixtures for Dogwood Street.
F Authorize Engineering Design for F M. 2170 East, Approve
Project Budget and Authorize City Manger to Contract for
Services.
G Resolution No.954-12-89(R) A Resolution of the City Council
E of the City of Allen, Collin County, Texas, Authorizing an
Adjustment to the 1988 Tax Roll and Approving a Refund for
Overpayment of Taxes
Resolution No. 955-12-89(R): A Resolution of the City Council
of the City of Allen, Collin County, Texas, Authorizing an
Adjustment to the 1989 Tax Roll.
Resolution No. 956-12-89(R) A Resolution of the City Council
of the City of Allen, Collin County, Texas, Authorizing an
Adjustment to the 1989 Tax Roll.
H. Ordinance No. 957-12-89: An Ordinance of the City Council of
the City of Allen, Collin County, Texas, Approving the 1989
Tax Roll Compiled from the 1989 Appraisal Roll.
Item C, Adopt Ordinance Establishing Pro -Rata Fees for the A. S.A.P Sewer
System and Item D, Set December 21, 1989 as Public Hearing Date to Consider the
Resubmission of an Application to the Texas Department of Commerce for a Texas
Capital Fund Grant and Approve a Resolution Supporting that Application, were
removed from the Consent Agenda.
The motion carried.
End of Consent Agenda
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989
PAGE 6
Mayor Farmer returned to Item C of the Consent Agenda. This ordinance
will establish the per line or foot and per acre pro rata fees as called for in the
previous facilities agreement.
MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by
Councilman Glass, the Council voted six (6) for and none (0) opposed
to approve Ordinance No. 958-12-89: An Ordinance of the City
Council of the City of Allen, Collin County, Texas, Establishing a Pro
Rata Charge as a Prerequisite to Utilizing the Capacity of a Specified
Sanitary Sewer Line; Providing a Severability; Providing a Penalty
and Declaring an Emergency The motion carried.
Mayor Farmer returned to Item D of the Consent Agenda. It is the
recommendation of the Texas Capital Fund Grant committee that Council set a
public hearing to consider resubmission of the application to the Texas Department
of Commerce.
MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by
Councilman Glass, the Council voted six (6) for and none (0) opposed
to set a public hearing date for 6.00 p.m., December 14, 1989, to
consider the resubmission of the application to the Texas Department
of Commerce for a Texas Capital Fund Grant and at that time approve
a resolution supporting that application. The motion carried.
Request to Appear by Stacy Brown,
Executive Director, Allen Community
Outreach to Present an Overview of
Their Various Community Service Programs (Agenda Item VI)
Stacy R. Brown, Executive Director of the Allen Community Outreach,
presented an overview of the various community service programs available at the
agency She discussed the allocation of funds by program category for the
upcoming year and the revenue levels for 1988 - 1990 She was congratulated for
the great job she has done for the community and expressed city support for the
various programs
This item was received as a matter of information. There was no action
taken on this item.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989
PAGE 7
Public Hearing and Ordinance No. 959-12-89 (Agenda Item VII)
Public Hearin ¢: Request for a Specific
Mayor Farmer read the request into the record as follows.
"Public Hearing on a Request for Specific Use Permit for Auto Tire
and Repair Facility with Site Plan on Property Located 400 Feet South
of the Southeast Corner of SH 5 and Bethany Drive in PD Shopping
Center No. 4 as Requested by Bill Davidson."
Use Permit for an auto
tire and repair facility
with Site Plan approval
on property located 400
feet south of the south-
east corner of S.H. 5
and Bethany Drive.
Location: One acre of a 4.2 acre
tract in the Rufus
Sewell Survey,
Abstract No. 875.
Zoe Planned Development -
Shopping Center No. 4.
Requested bv• Mr. Bill Davidson and
Mr Joe Barton King.
and
Ordinance No. 959-12-89: An Ordinance
of the City of Allen, Collin County,
Texas, Comprehensive Zoning Ordinance
No. 829-11-87 of the City of Allen, as
Heretofore Amended, so as to Attach a
Specific Use Permit for a Tires,
Batteries, Accessories and Auto Repair
Facility with Site Plan Approval, There-
fore Restricting a Portion of Planned
Development - Shopping Center No. 4,
Further Described as 805 S. Greenville,
Allen, Collin County, Texas; Subject to
the Stipulations Attached Herein and
Exhibit "F" Site Plan; Presently
Delineated on the Official Zoning Map as
Planned Development - Shopping Center
No. 4 (PD -SC 4); Providing for Site Plan
Approval; Providing for a Penalty;
Providing an Effective Date; and
Providing Publication of the Caption.
Mayor Farmer read the request into the record as follows.
"Public Hearing on a Request for Specific Use Permit for Auto Tire
and Repair Facility with Site Plan on Property Located 400 Feet South
of the Southeast Corner of SH 5 and Bethany Drive in PD Shopping
Center No. 4 as Requested by Bill Davidson."
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989
PAGE 8
Public Hearing and Ordinance No. 959-12-89 (Cont'd) (Agenda Item VII)
Mr Joe King, Architect, spoke before the Council with a request for a
Specific Use Permit for an auto tire and repair facility with Site Plan approval.
He discussed the location, the building structure and the landscaping This
request comes before council as a result of Planning and Zoning recommendation
with the following findings
1 The request meets all area regulations and parking requirments for a
shopping center district.
2 The air conditioning unit will be screened from view
3 The landscaping requirements are satisfied. Although the playground is
part of the proposed landscapting plan, the requirements would still be
satisfied without it.
4. The use is compatible with the surrounding area.
Mr King indicated as a result of earlier discussions, the fence shown on the
9
site plan would not include the 20' easement on the property
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
Discussion was held regarding the fence in relation to the utility easement
and future expansion plans for the project.
MOTION Upon a motion made by Councilman Womack and seconded by
Councilman Glass, the Council voted six (6) for and none (0) opposed
to approve Ordinance No. 959-12-89 with modification of the fence
placement as previously noted, as recommended by staff and the
Planning and Zoning Commission. The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989
PAGE 9
Consider an Ordinance Approving Rates for
Lone Star Gas Company within City of Allen (Agenda Item VIII)
Ordinance No. 960-12-89: An Ordinance
of the City of Allen, Texas, Amending
Ordinance No. 676-2-86, and any
Previous Ordinances, Fixing and Deter-
mining the General Service Rate to be
Charged for Sales of Natural Gas to
Residential and Commercial Consumers in
the City of Allen, Collin County, Texas;
Providing for the Manner in Which Such
Rate May be Changed, Adjusted and
Amended; Approving the Elimination of
the Rate Schedules for Public Free
Schools -N and the Commercial Contract
Public School Rate; Providing for a
Schedule of Service Charges; and Provid-
ing for a Main Line Extension Rate.
r Due to further discussions with the attorney and Lone Star Gas officials the
ordinance before council was edited to appropriately meet the needs and require-
ments of all parties.
J D Smithey, representative from Lone Star Gas, spoke before the Council
and expressed his compliments to those individuals he was able to work with
during the negotiation period. He is proud to be part of the Allen community and
all that it stands for He also introduced two colleagues- Jeanette Moser and
Rick Holden.
MOTION: Upon a motion made by Councilman Womack and seconded by
Councilman Edstrom, the Council voted six (6) for and none (0)
opposed to approve Ordinance No. 960-12-89 as corrected, in
accordance with staff and subcommittee recommendation. The motion
carried.
Review and Approve Specifications for
Purchase of Sewer Jet Truck for Public Works
Department and Authorize Solicitation of Bids (Agenda Item IX)
The City of Allen is requesting a Sewer Jet Truck Unit to provide a
maintenance program of cleaning sewer lines. The estimated cost of this unit is
$65,000 which has been budgeted in the 1989-90 Capital Outlay Account for the
Public Works Department.
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989 PAGE 10
Review and Approve Specifications for
Purchase of Sewer Jet Truck for Public Works
Department and Authorize Solicitation of Bids (Agenda Item IX)
MOTION: Upon a motion made by Councilman Fyke and seconded by Councilman
Glass, the Council voted six (6) for and none (0) opposed to approve
specifications and authorize solicitation of bids for a sewer jet truck
unit budgeted at $65,000, according to staff recommendation. The
motion carried.
Consider Capital Improvement Projects
for the Fiscal Year 1989-90 Using
Remaining Bond Funds (Agenda Item X)
There was no discussion regarding the Capital Improvement Projects for FY
1989-90.
Discuss the Implications of Proposition 5,
the Freeport Amendment, Approved at the
November 7, 1989 Election (Agenda Item XI)
Jon McCarty, City Manager, briefly discussed the historical background of
Proposition No. 5 of the Constitutional Amendment commonly known as the Freeport
Amendment. This amendment would exempt from Ad Valorem taxation certain
products processed in the State of Texas and held for less than 175 days. Mr
McCarty discussed the pro's and con's related to this amendment. This item will
be placed on the agenda for December 21 for further discussion and possible
action.
Calendar (Agenda Item XII -A)
Discussion was held regarding the Council calendar A Public Hearing for
Thursday, December 14, beginning at 6.00 p.m. was noted as an addition to the
calendar
Celebrate Allen - EAS (Agenda Item XII -B)
Mayor Farmer discussed the Celebrate Allen -- EAS event to be held on
Sunday, December 17, beginning at 1 30 p.m. Those who are interested in
decorating and setting up for the event may do so on Saturday, December 16,
beginning at 10.00 a.m.
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989
Subcommittee Reports
• Finance/Administration
PAGE 11
(Agenda Item XII -C)
The Finance/ Administration Subcommittee met with officials of the AISD
regarding the joint tax office Topics of discussion included. depositing
of funds, mailing of tax statements, personnel, regular meetings The
meeting was very profitable, and the next one has been scheduled for
February 8, 1990.
A meeting is scheduled for December 12 to discuss the meeting room policy,
computerization of the Library, Library collection development plan, update
on computer systems development, and to review Tex Pool Investment Fund
Information.
Development
The survey is still being tabulated with a return of 11 of 16 at the present
time.
Services
The Services Subcommittee has reviewed the integrity ordinance and is now
presenting it back to the Development Subcommittee
Items of Interest to Council
(Agenda Item XII -D)
Mayor Farmer indicated a new item would be included in the Administrative
Report which will include a "punch list" for the City Manager If any council
member has an item he would like included on this list, please indicate that to the
City Manager
Adiourn
(Agenda Item XIII)
MOTION Upon a motion made by Mayor Pro Tem Wilson and seconded by
Councilman Glass, the Council voted six (6) for and none (0) opposed
to adjourn the regular session of the Allen City Council at 8:50 p.m.,
on Thursday, December 7, 1989 The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 7, 1989 PAGE 12
These minutes approved on the 21st day of December, 1989
ATTEST:
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` TiA(O ITECRETARY
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APPROVED:
Qoe farmer, MAYOR