Min - City Council - 1991 - 09/05 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 5, 1991
Present:
Joe Farmer, Mayor
Councilmembers
Kevin Lilly
Mickey Christakos
David Bishop
Mike Nichols
Steve Terrell
Gary Edstrom, Mayor Pro Tem
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
BOARD RECEPTION -6:30 P.M.
A reception was hosted by the City Council for prospective board members.
WORKSHOP SESSION - 7:00 P.M.
With a quorum of the Councilmembers present, the workshop session of the Allen City
Council was called to order by Mayor Farmer at 7:07 p. m. on Thursday, September 5, 1991,
in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Discussion of Consent Agenda
and Regular Agenda Items
(Agenda Item II)
Mayor Farmer began the review of the Consent Agenda items. A question was raised
regarding payment of bills associated with the 1985 Capital Improvement Program. Bill No.
3 for Carter & Burgess, Inc. in the amount of $33,464.24 was questioned. It was unsure
whether this was final payment or only a partial payment. The City Manager will research
this item.
Discussion was also held regarding the execution of agreement with North Texas
Municipal Water District for a multi jurisdictional sewer pretreatment program. This does
not affect our budget in any way.
Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. No one was aware of
any citizens wishing to appear before the Council this evening.
ALLEN CITY COUNCIL
WORKSHOP SESSION
SEPTEMBER 5, 1991 PAGE 2
Mayor Farmer reviewed Agenda Item VII, Consider Items Relating to 1991-92 Fiscal
Year Budget. These items need to be acted upon in the order in which they are placed on
the agenda. The appropriations will need to be set first for all city operational departments
and debt service and second, the tax rate will need to be set. The City Manager is
prepared to present a short synopsis of the budget if the audience is receptive to such
presentation. A question was raised regarding car allowance stipulations in certain
departments. The topic of the car allowance policy and its consistency shall be reviewed
by the Finance Administration Committee in the near future.
Mayor Farmer reviewed Agenda Item VIII, Public Hearings. It is not anticipated that
a large turn -out will be present for either of these items.
Mayor Farmer reviewed Agenda Item AYES, Report on Solid Waste Management
System. Michael Stanger, Assistant to the City Manager, will be presenting information
to the Council regarding this topic.
Mayor Farmer reviewed Agenda Item X, Adopt an Ordinance Amending the Current
Alarm Ordinance to be in Conformance with Recent Adopted State Law. Richard Carroll,
Police Chief, will be presenting information regarding this topic.
With no further discussion on the agenda, the workshop session of the Allen City
Council was adjourned at 7:33 p.m. on Thursday, September 5, 1991.
REGULAR SESSION - 7:30 P.M.
With a quorum of the Councllmembers present, the regular session of the Allen City
Council was called to order by Mayor Farmer at 7:41 p.m. on Thursday, September, 1991,
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 Councilmember Christakos 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. Approval of Minutes of August 9-11, 1991, 1991-92 Fiscal Year Budget
Workshop.
Approval of Minutes of August 15, 1991, Regular Meeting.
C. Approval of Minutes of August 22, 1991, Special Called Public Hearing
on Budget.
D. Approval of Minutes of August 22, 1991, Special Called Workshop on
Economic Development.
I
Period: August 22, 1991
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1991
PAGE 3
E. Authorize city staff to pay bills associated with
the 1985 Capital
Improvement Program as follows:
1.
Gohmann Asphalt
$ 456.00
For: Asphalt for McDonald
Street Bond Funds
Period: August 8, 1991
2.
J & H Trucking
$ 544.00
For: Hourly Hauling
1986 Street Bond Funds
Period: August 6, 1991
3.
Carter & Burgess, Inc.
$33,464.24
For: Professional Services Associated with
Allen Special Use Facility
1985 Park Bond Funds
Period: June & July, 1991
4.
Alpha Testing
$ 130.00
For: Pre Bid Meeting Attendance
1985 Park Bond Funds
Period: June 25, 1991
5.
Clifford E. Fogus Company
$ 7,530.50
For: Renovation of City of Allen Cemetery -
Installation of Entry Lights Payment of
10% Retainage
Interest Earned Funds
Period: July - August 1991
6.
Joe Barton King
$ 945.05
For: Specifications for Renovation of Police
Building
Interest Earned Funds
Period: September 4, 1991
7.
Blackland Electric
$ 480.00
For: Electrical Outlets Old Library
1985 CIP Bond Funds
Period: July 2, 1991
8.
Winston Water Cooler Co.
$ 498.00
For: Water Cooler Old Library
1985 CIP Bond Funds
Period: August 22, 1991
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1991 PAGE 4
9. American Mirror & Glass $ 183.84
For: Window Replacements Old Library
1985 CIP Bond Funds
Period: July 30, 1991
10. Joe Barton King $ 705.51
For: Reimbursement for Ceiling Fans,
Shutters, Swing Lights and Misc.
Hardware
1985 CIP Bond Funds
Period: September 4, 1991
F. Approve Audit Engagement Letter.
G. Authorize Execution of Agreements with North Texas Municipal Water
District for a Multi Jurisdictional Sewer Pretreatment Program.
H. Set October 17, 1991, as Public Hearing Date to Consider the
Development Impact Fee Capital Improvement Plan.
The motion carried.
End of Consent A¢enda
Citizen's Comments (Agenda Item VI)
There were no citizen's comments.
Consider Items Relating to 1991-92 Fiscal Year Budget:
Adopt an Ordinance Setting Appropriations for all
City Operational Departments and Debt Service (Agenda Item VII -A)
Ordinance No. 1045-9-91: An Ordinance of
the City of Allen, Collin County, Texas,
Amending the Appropriations for the 1990-
1991 Fiscal Year Budget and Approving and
Adopting the Budget and Setting
Appropriations for the Fiscal Year Beginning
October 1, 1991, and Terminating September
30, 1992; and Providing for an Effective
Date.
Jon McCarty, City Manager, presented information to the Council and the audience
regarding the 1991-92 Fiscal Year Tax Rate and Budget. He reviewed the decline of the
assessed valuation since 1988. He also reviewed the assessed valuation per person against
population growth, by classification such as residential, commercial, industrial,
undeveloped and the tax increases since 1988 due to lost assessed valuations. Mr. McCarty
also reviewed expenditures by department in both the general fund and the water and
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1991
PAGE 5
sewer fund and showed how that most of the revenues anticipated are a result of ad valorem
taxes.
MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by
Councilmember Nichols, the Council voted seven (7) for and none (0) to
approve Ordinance No. 1045-9-91 as previously captioned. The motion
carried.
Adopt an Ordinance Setting Tax Rate (Agenda Item VII -B)
Ordinance No. 1046-9-91: An Ordinance of
the City of Allen, Collin County, Texas,
Setting, Fixing, and Adopting the Tax Rate
for the City of Allen, Texas, for the Fiscal
Year Beginning October 1, 1991, and Ending
September 30, 1991; and Providing an
Effective Date for this Ordinance.
The Council must act to set the tax rate which includes two components: a levy for
the general fund (operations and maintenance) and a levy for debts service. The
ordinance requires the city's tax collector to collect and deposit those funds in the city's
accounts in accordance with the break down between operations and maintenance and debt
as a set out in this ordinance.
MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember
Terrell, the Council voted seven (7) for and none (0) opposed to approve
Ordinance No. 1046-9-91 as previously captioned. The motion carried.
Public Hearing on a Request to Remove
the Specific Use Permit for a Restaurant/
Private Club from 604 N. Federal, Suite D,
Formerly Known as Maria's Restaurant (Agenda Item VIII -A)
Bill Petty, Community Development Director, discussed the background of this
specific request. A Specific Use Permit for a restaurant/private club was granted to
William Chester in February 1988 on this property which is located east of U.S. 75 and
south of Allen Drive. The building, however, has been vacant for approximately two
years. If the Specific Use Permit is removed from this property, the schedule of uses from
the comprehensive zoning ordinance would again apply to this situation. The findings of
Planning and Zoning Commission are as follows:
1. The Specific Use Permit limits the use of the property.
2. The zoning and allowable uses are not being changed; restrictions are being
lifted.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1991 PAGE 6
Mayor Farmer read the request into the records as follows:
"Public hearing on a request to remove the Specific Use Permit on
a restaurant/private club located at 604 N. Federal, Suite D, as
requested by William F. Chester, and consider an ordinance
effecting this change."
Mayor Farmer opened the Public Hearing and asked for anyone speaking either for
or against the request to do so at this time.
William Chester spoke before the Council. He indicated that he has a prospective
tenant for this facility but the Specific Use Permit would need to be removed prior to
occupancy.
With no one else speaking either for or against the request, Mayor Farmer closed the
Public Hearing.
Ordinance No. 1047-9-91: An Ordinance of
the City of Allen, Collin County, Texas,
Amending the Appropriations for the 1990-
1991 Fiscal Year Budget and Approving and
Adopting the Budget and Setting
Appropriations for the Fiscal Year Beginning
October 1, 1991, and Terminating September
30, 1992; and Providing for an Effective
Date.
MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember
Terrell, the Council voted seven (7) for and none (0) opposed to approve
Ordinance No. 1047-9-91 in accordance with Staff and Planning and Zoning
Commission recommendation. The motion carried.
Public Hearing on a Request to Change the Zoning
from R-2 Residential to Flood Plain -Planned
Development Garden Homes No. 49 (FP -PD -GH -No. 49)
on a 37.006± Acre Tract of Land (Agenda Item VIII -B)
Bill Petty, Community Development Director, discussed the zoning request by Wilbow
Peck Corporation on the Lily Yang property which is located between Jupiter Road and
Cottonwood Creek and north of Cottonwood Bend North to be rezoned to Flood Plain
Planned Development Garden Home. The original submission provided for 7, 000 square feet
minimum lot size and 1,200 square feet minimum house size; however, the Planning and
Zoning Commission requested that the minimum house size be increased to 1,300 square
feet. The developer has proposed that side and rear portions of houses which back to or
side Jupiter Road be bricked. Planning and Zoning Commission indicated that the
regulation be slightly amended to read "homes would conform to the 75% masonry
requirements with the additional 100% brick on the side or rear if it abuts Jupiter Road."
ALLEN CITY COUNCIL
REGULAR SESSION
® SEPTEMBER 5, 1991 PAGE 7
This property contains flood plain along Cottonwood Creek and drains more than 160
acres. The exact delineation of the flood plain will not be known until a study is completed
at the time of platting. A traffic study has been completed and has assumed a maximum
dwelling unit ceiling of 1.30 units. The traffic study indicated that this development would
not adversely impact the traffic management system.
The Comprehensive Zoning Ordinance requires the dedication of one acre of open
space for every 75 dwelling units. This requirement will be satisfied by the dedication of
flood plain at the time of platting.
The following Planning and Zoning Commission findings were read into the record:
1. Proposal includes compatible land use to the adjacent areas.
2. Setbacks and other area regulations are comparable with the standard R-5
zoning requirements.
3. The proposal is in conformance with the Comprehensive Plan.
4. The flood plain has been noted and will be studied.
�{ 5. The traffic study was recommended by COG.
6. Square footage was raised because of the standard housing
square foot minimums to the south.
Mayor Farmer read the request into the record as follows:
"Public hearing on a request to change zoning on 37.006± acres
from R-2 residential to flood plain planned developemnt no. 49,
located east of Jupiter Road and north of Cottonwood Bend North
Addition, as requested by Lily Yang, and consider an ordinance
effecting this change."
Mayor Farmer opened the Public Hearing and asked for anyone speaking either for
or against the request to do so at this time.
Keith Jackson, representative of the Wilbow Peck Corporation, spoke before the
Council. He discussed the background of the Wilbow Peck Corporation and its impact on
the Dallas metroplex. Mr. Jackson agreed with all the changes requestedby the Planning
and Zoning Commission. He discussed the tributary of Cottonwood Creek and the
possibility of underground piping for its drainage after final engineering drawings and
studies are completed. Since this is such beautiful piece of property, it was recommended
that the developer review every possible avenue to enhance the development of it.
With no one else speaking either for or against the request, Mayor Farmer closed the
Public Hearing.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1991
Ordinance No. 1048-9-91: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance
No. 829-11-87, as Previously Amended, so as
to Establish Permanent Zoning, To Wit: Flood
Plain Planned Development/Garden Home No.
49 (FP-PD/GH No. 49), on the Following
Described Tract of land: Approximately
37.008± Acres of Land, More or Less, Out of
the William Perrin Survey, Abstract No. 708
and the G. W. Ford Survey, Abstract No.
328, City of Allen, Collin County, Texas;
Providing for Area and Use Regulations;
Providing for a Penalty of Pine Not to Exceed
the Sum of One Thousand Dollars ($1,000.00)
for Each Offense; Providing for a
Severability Clause; and Providing for the
Effective Date of Said Ordinance.
PAGE 8
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember
Lilly, the Council voted seven (7) for and none (0) opposed to approve
Ordinance No. 1048-9-91 as previously captioned in accordance with staff and
Planning and Zoning recommendation. The motion carried.
Report on Solid Waste Management System (Agenda Item AYES)
Michael Stanger, Assistant to the City Manager, reviewed with the Council the
current solid waste management issues that are appropriate to consider at this time. He
reviewed present statistics in Allen, compared with the county and the state. He also
discussed the Texas Omnibus Recycling Act which will place certain restrictions on the city
in the next few years regarding recycling.
This past May, the Legislature adopted S.B.1340, which contains rather sweeping
new recycling requirements for local governments and other agencies and corporations
engaged in solid waste management. The Act includes a state-wide goal of 40% recycling
by January 1, 1994; mandatory in-house recycling for all cities by September 1, 1993; a
mandatory $2 per tire disposal fee at the point of sale; a ban on the burial of lead -acid
batteries; and other rules and regulations discussed in an attachment to this memo,
published by the Council of Governments.
He also discussed House Bill 11 which deals with the price of disposal which may be
passed on to the City of Allen in the future. The North Central Texas Council of
Government interim plan deals with strategies for solid waste management. Those
strategies are: (1) minimizing household trash, (2) minimizing apartment and commercial
trash, (3) establishing recycling markets, (4) assuring treatment and disposal capacity,
(5) stopping illegal dumping, and (6) coordinating state, regional and local solid
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1991 PAGE 9
management. Discussion was held regarding other entities providing recycling services
to the community and how this may affect the entire City of Allen in the future.
Mr. Stanger indicated recycling statistics show that this venture is not a profitable
venture for the City of Allen at this time. Estimated total expenses through September 5,
1991 show $5,251 compared to revenues of $2,845. Mr. Stanger informed the Council that
a new contract will possibly be pursued with BFI and the City may not go out to bid.
However, discussion was held regarding the opinion of setting a precedent of not going out
to bid and claiming that we have looked at competitive rates. More information will be
presented to the Council regarding this topic before a final decision is made. The Services
Subcommittee will provide data to help the Council see whether to bid the contract or
negotiate the contract with BFI without the bid process.
The City Council reviewed the vision for solid waste management and agreed that,
in general, it was a good plan. The vision included: city leadership, waste management
plan, voluntary curb side recycling, privatized operations, enterprise fund, and
competitive rates.
No Council action was required on this item.
Adopt an Ordinance Amending the Current Alarm
Ordinance to be in Conformance with Recent
Adopted State Law (Agenda Item X)
Richard Carroll, Police Chief, discussed recent state legislation that regulates
burglar alarm systems and service charges that have an effective date of September 1,
1991. Due to this regulation, our current ordinance has been amended to reflect those
changes. Those major changes include:
Increase the number of false alarms per year from three (3) to five (5).
Establish a limit of $50 per alarm over the limit.
Eliminate suspension based on excess of alarms and nonpayment.
Ordinance No. 1049-9-91: An Ordinance of
the City of Allen, Collin County, Texas,
Repeating Ordinance No. 831-11-87 and
Article IV, Chapter 8, of the Code of
Ordinances, City of Allen, Texas; Providing
for the Regulation of Alarm Systema Within
the City of Allen; Providing Procedures for
the Approval and Registration of Such
Systeme and Establishing Fees for Such
Registration; Authorizing Penalties for
Excessive False Alarms; Providing
Definitions; Providing a Severability Clause;
and Providing an Effective Date.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1991
PAGE 10
MOTION: Upon a motion made by Councilmember Lilly and seconded by Councihnember
Christakos, the Council voted seven (7) for and none (0) opposed to approve
Ordinance No. 1049-9-91 as previously captioned in accordance with staff
recommendation.
Other Business:
Appointments to Boards
(Agenda Item XI -A)
A reception was held prior to the regular meeting this evening for all interested
board candidates. Interviews will be scheduled for Tuesday, September 17, and
appointments will be made at the next regular council meeting on September 19, 1991.
Calendar (Agenda Item XI -B)
A new September 1991 calendar was distributed to the Council including the various
town hall meetings.
Subcommittee Reports
Finance/ Administration:
(Agenda Item XI -C)
• New tax forms have been prepared by the tax assessor. The format was
discussed with the Council.
• Board appreciation dinner will be held in December similar to the dinner
which was held last year.
• A budget retreat location will be reviewed for next year.
• An audit engagement letter with KPMG Peat Marwick will be considered.
• City's investment policy has been reviewed.
• A bank depository agreement was discussed.
• A copy of the City's Public Official's Liability Insurance Policy was
reviewed and a copy is in the City Manager's office for those who are
interested.
• A policy will be developed in the future to provide guidelines for using
reserve funds.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 5, 1991
Development:
None
Services:
Discussions will be held regarding EMS requests from Fairview.
Economic Development:
PAGE 11
Preparations will be made regarding the town hall meetings.
Items of Interest (Agenda Item XI -D)
The CIIP has been adopted by the Council which is a serious effort on the part of the
Council to extend into the community in two ways other than the use of the municipal
messenger which include the town hall meeting approach and cable television.
Executive Session (Agenda Item XII)
In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section2(g),
the Allen City Council convened into Executive Session at 9:58 p.m. in the Conference
Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss
matters pertaining to Council Employee Evaluations.
The Executive Session was adjourned at 1:16 a.m.
Reconvene (Agenda Item XIII)
The Allen City Council reconvened into regular session at 1:17 a.m. on Friday,
September 6, 1991, in the Council Chambers of the Allen Municipal Annex.
(Agenda Item XIV)
MOTION: Upon a motion made by Councilmember Christakos and seconded by
Councilmember Lilly, the Council voted seven (7) for and none (0) opposed
to adjourn the regular session of the Allen City Council at 1:18 a.m., on
Friday, September 6, 1991. The motion carried.
11
ALLEN CITY COUNCUi
REGULAR SESSION
SEPTEMBER 5, 1991 PAGE 12
These minutes approved on the 19th day of September, 1991.
APPROVED:
/Z / "l�
Jbe Farmer, MAYOR
ATTEST:
J y Mo on, CITY SECRETARY