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Min - City Council - 1992 - 03/05 - RegularI I I ALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1992 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 WORKSHOP SESSION - 6:45 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 6: 50 p.m. on Thursday, March 5, 1992, 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. Discussion was held regarding mowing services for Parks and Recreation Department. Last year the mowing contract was broken into two separate contracts. This year Staff has asked to bid on all the properties for which mowing services are needed. Discussion was held regarding monitoring the McDermott Road project to ensure that it is properly trimmed and swept in accordance with the contract. Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. Council expects several people to be present to discuss the tax abatement issue. Mayor Farmer reviewed Agenda Item VII, Request to Appear from Ken Purcell, AISD Athletic Director Regarding the Texas Special Olympics Area 10 Spring Games. Ken Purcell, AISD Athletic Director, will be present during the meeting to discuss the Special Olympics Area 10 Spring Games. ALLEN CITY COUNCIL WORKSHOP SESSION MARCH 5, 1992 PAGE 2 Mayor Farmer reviewed Agenda Item VIII, Accept Mission Statement of Americans with Disabilities Act Task Force. According to the ADA law, a mission statement is not required from each city. The task force established for the City of Allen, however, felt it appropriate to develop a mission statement prior to their actual work on ADA regulations. Two main focuses of the task force will be to look at the city's hiring practices and the facilities and services offered by the city. Council took exception to the statement "level the playing field" and discussed other terminology to be used for that particular phrase. Mayor Farmer reviewed Agenda Item IX, Authorize and Accept Bids for Tractor and Boom Mower for Parks and Recreation Department. It is felt that this tractor and boom mower will come in for approximately $36,000. Although $10, 000 is available in this year's budget, this item will be acquired through a lease/purchase plan. This will impact future years' budgets. Mayor Farmer reviewed Agenda Item X, Consider Items Related to Tax Abatement for X'LNT Diskette Products, Inc. Discussion was held regarding the importance of existing companies within the city to grow and develop. X'LNT Diskettes is a prime example of such a company. Without aid and assistance from the city through the tax abatement policy, X'LNT Diskettes may need to move out of Allen to continue its growth. There are several requests of the Council this evening: (1) adopt a resolution supporting amendments to the policy statement for tax abatement guidelines, (2) provide for the abatement of ad valorem taxes and improvements to real property as proposed by Bethany Central Limit Liability partnership by resolution, and (3) set a date for a public hearing. Discussion was held regarding the policy and procedures to accomplish these items. We have no reason to believe that the schools will not go along with this since it does not provide additional school students to the system. Concern regarding the city's future and abatement requests was expressed. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:35 p.m. on Thursday, March 5, 1992. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:44 p.m. on Thursday, March 5, 1992, 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. Approve Minutes of February 20, 1992, Regular Meeting. E ALLEN CITY COUNCIL REGULAR SESSION MARCH 5, 1992 PAGE 3 B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Alpha Testing, Inc. $ 1,026.00 For: Allen Special Use Facility Concrete Testing (January) 1985 Park Bond Funds Period: February 29, 1992 2. Architectural Utilities, Inc. $57,190.00 For: Allen Special Use Facility On Site Construction - Less 5% Retainage 1985 Park Bond Funds Period: Thru February 29, 1992 3. Carter and Burgess, Inc. $21,326.13 For: Professional Services Associated with Planning of Bethany Lakes Park 1985 Park Bond Funds Period: Thru January 30, 1992 C. Authorize Bidding for Contract Mowing Services for Parks and Recreation Department. D. Approve Ordinance Changing the Name of Hillside Lane to South Fountain Gate Drive. Ordinance No. 1082-3-92: An Ordinance of the City of Allen, Collin County, Texas, Changing the Name of Hillside Lane, Between F. M. 2170 South to Park Place Drive to South Fountain Gate Drive; Amending all Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an Effective Date. The motion carried. End of Consent AKenda Citizen's Comments (Agenda Item VI) There were no citizen's comments. PAGE 4 Request to Appear from Ken Purcell, AISD Athletic Director, Regarding the Texas Special Olympics Area 10 Spring Games (Agenda Item VII) Ken Purcell, AISD Athletic Director, discussed with the Council the opportunities the City of Allen has in hosting the Texas Special Olympics Area 10 Spring Games. These games have been held in Dells s for the past ten years but Allen has been asked to host them this year. Mr. Purcell would like to hope that these may become an annual event for the City of Allen. The games will begin on Friday afternoon at 5:00 p.m. on April 10 for the wheelchair portion and continuing through April 11 at 5:00 p.m. for the main event. One hundred forty-six communities will be represented. The Special Olympics will be conducted in the same manner as regular olympics with flags, signs and official closing ceremonies. The City will be participating in providing various services for these games. Mayor Farmer extended his and the Council's appreciation to Mr. Purcell for his part in orchestrating this event. There was no action taken on this item. Accept Mission Statement of Americans with Disabilities Act Task Force (Agenda Item VIII) An employee Task Force for the purpose of studying the Americans with Disabilities Act has been formulated for the City of Allen. This Task Force will be recommending any changes in policies, services and facilities necessary for compliance with the ADA. The Task Force has met and developed a Mission Statement which expresses the members view of their role and the philosophy or approach which they intend to take toward compliance. The mission of the ADA Task Force is: "To recommend City services and employment practices that serve disabled and able-bodied people fairly with respect to their "major life activities," In a way that educates City officials, employees and others, improves communications between people with and without disabilities, maximizes available technology, advocates the rights and needs of people with disabilities and, above all, promotes action, So that the City of Allen may use everyone's talents and potential to bring disabled people into mainstream, to increase participation in local government and to draw upon an additional source of quality employees." Within six weeks, the Task Force hopes to bring before Council further information regarding any changes in policies, services or facilities the City of Allen may need to contend with. Council education will be a part of the educational procedures presented by this Task Force. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to accept the Mission Statement of Americans with Disabilities Act Task Force as presented by Staff. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION MARCH 5, 1992 PAGE 4 Request to Appear from Ken Purcell, AISD Athletic Director, Regarding the Texas Special Olympics Area 10 Spring Games (Agenda Item VII) Ken Purcell, AISD Athletic Director, discussed with the Council the opportunities the City of Allen has in hosting the Texas Special Olympics Area 10 Spring Games. These games have been held in Dells s for the past ten years but Allen has been asked to host them this year. Mr. Purcell would like to hope that these may become an annual event for the City of Allen. The games will begin on Friday afternoon at 5:00 p.m. on April 10 for the wheelchair portion and continuing through April 11 at 5:00 p.m. for the main event. One hundred forty-six communities will be represented. The Special Olympics will be conducted in the same manner as regular olympics with flags, signs and official closing ceremonies. The City will be participating in providing various services for these games. Mayor Farmer extended his and the Council's appreciation to Mr. Purcell for his part in orchestrating this event. There was no action taken on this item. Accept Mission Statement of Americans with Disabilities Act Task Force (Agenda Item VIII) An employee Task Force for the purpose of studying the Americans with Disabilities Act has been formulated for the City of Allen. This Task Force will be recommending any changes in policies, services and facilities necessary for compliance with the ADA. The Task Force has met and developed a Mission Statement which expresses the members view of their role and the philosophy or approach which they intend to take toward compliance. The mission of the ADA Task Force is: "To recommend City services and employment practices that serve disabled and able-bodied people fairly with respect to their "major life activities," In a way that educates City officials, employees and others, improves communications between people with and without disabilities, maximizes available technology, advocates the rights and needs of people with disabilities and, above all, promotes action, So that the City of Allen may use everyone's talents and potential to bring disabled people into mainstream, to increase participation in local government and to draw upon an additional source of quality employees." Within six weeks, the Task Force hopes to bring before Council further information regarding any changes in policies, services or facilities the City of Allen may need to contend with. Council education will be a part of the educational procedures presented by this Task Force. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to accept the Mission Statement of Americans with Disabilities Act Task Force as presented by Staff. The motion carried. PAGE 5 Authorize and Accept Bids for Tractor and Boom Mower for Parks and Recreation Department (Agenda Item D{) The City of Allen is currently responsible for the maintenance of several drainage areas in the City of Allen. New equipment is needed in order to properly care for this type of property. A boom type tractor/mower is being recommended by the Parks and Recreation Department for use in maintaining drainage areas and pond banks at Bethany Lakes, and along the roads and city owned right-of-ways. The City of Allen will need to purchase this on a lease/purchase basis. Although $10,000 is available from two maintenance bonds for the Greengate Subdivision, the Parks and Recreation Department Budget shall be impacted each year hereafter until the final payment is made. The unit cost shall be approximately $36,000. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to authorize staff to advertise and solicit bids for a tractor and boom mower on a lease/ purchase basis in accordance with staff and Parks and Recreation Board recommendation. The motion carried. Council took a brief recess. Consider Items Related to Tax Abatement for X'LNT Diskette Products, Inc. (Agenda Item X) David Pitstick, Economic Development Coordinator, reviewed the background regarding the request for tax abatement. Mr. Pitstick noted for the record that the agenda item caption was incorrectly listed and should be listed as the "Tax Abatement Agreement for Bethany Central Limited Liability Partnership" rather than "X'LNT Diskette." Mr. Pitstick discussed the history of staff involvement with Economic Development. He also discussed the contacts and efforts affecting this particular project. Due to needed expansion by X'LNT Diskette Products, a temporary short-term solution to the company's space requirements were fulfilled by locating in the InteCom facility. Mr. Pitstick reviewed tax revenues generated versus tax revenues abated for X'LNT Diskette Products, Inc. for fifteen year lease term. He showed the total taxes collected or rebated for the next fifteen years for both the city and the school district. Ray Massa, President and CEO for X'LNT Diskette, discussed the company and its growth patterns. He expressed appreciation for the help received from the City, the Council and the Staff. X'LNT Diskette distributes to large companies, certain franchises, and various retail supply houses. They also provide private labels for mass disk production programs. Den Upton, Upton Companies, 400 Chisholm Place, Plano, spoke before the Council. Den Upton is the developer in this project. He expressed his trust and optimism in this company and felt it was a project that everyone could participate in with confidence. He expressed a delight with the site and its accessibility to Central Expressway. Mr. Upton reviewed with the Council the possible site plan for this project. ALLEN CITY COUNCIL REGULAR SESSION MARCH 5, 1992 PAGE 5 Authorize and Accept Bids for Tractor and Boom Mower for Parks and Recreation Department (Agenda Item D{) The City of Allen is currently responsible for the maintenance of several drainage areas in the City of Allen. New equipment is needed in order to properly care for this type of property. A boom type tractor/mower is being recommended by the Parks and Recreation Department for use in maintaining drainage areas and pond banks at Bethany Lakes, and along the roads and city owned right-of-ways. The City of Allen will need to purchase this on a lease/purchase basis. Although $10,000 is available from two maintenance bonds for the Greengate Subdivision, the Parks and Recreation Department Budget shall be impacted each year hereafter until the final payment is made. The unit cost shall be approximately $36,000. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to authorize staff to advertise and solicit bids for a tractor and boom mower on a lease/ purchase basis in accordance with staff and Parks and Recreation Board recommendation. The motion carried. Council took a brief recess. Consider Items Related to Tax Abatement for X'LNT Diskette Products, Inc. (Agenda Item X) David Pitstick, Economic Development Coordinator, reviewed the background regarding the request for tax abatement. Mr. Pitstick noted for the record that the agenda item caption was incorrectly listed and should be listed as the "Tax Abatement Agreement for Bethany Central Limited Liability Partnership" rather than "X'LNT Diskette." Mr. Pitstick discussed the history of staff involvement with Economic Development. He also discussed the contacts and efforts affecting this particular project. Due to needed expansion by X'LNT Diskette Products, a temporary short-term solution to the company's space requirements were fulfilled by locating in the InteCom facility. Mr. Pitstick reviewed tax revenues generated versus tax revenues abated for X'LNT Diskette Products, Inc. for fifteen year lease term. He showed the total taxes collected or rebated for the next fifteen years for both the city and the school district. Ray Massa, President and CEO for X'LNT Diskette, discussed the company and its growth patterns. He expressed appreciation for the help received from the City, the Council and the Staff. X'LNT Diskette distributes to large companies, certain franchises, and various retail supply houses. They also provide private labels for mass disk production programs. Den Upton, Upton Companies, 400 Chisholm Place, Plano, spoke before the Council. Den Upton is the developer in this project. He expressed his trust and optimism in this company and felt it was a project that everyone could participate in with confidence. He expressed a delight with the site and its accessibility to Central Expressway. Mr. Upton reviewed with the Council the possible site plan for this project. ALLEN CITY COUNCIL REGULAR SESSION MARCH 5, 1992 PAGE 6 Council discussed and reaffirmed that this abatement will be for the existing business only. Concern was expressed regarding the lack of prospectuses to choose from for this operation. Council was assured that every effort had been made with regard to the needs of X'LNT Diskette. Lew Bruno, 807 Cypress Drive, spoke in favor of economic growth in the tax abatement issue. He expressed concerns regarding the employment practices of the company. John Cahill, 633 Valley View Drive, spoke before the Council in favor of this particular item. He expressed certain concern regarding possible discrepancies with the tax abatement policy set forth on January 15, 1991. Council took a brief recess. Because this is the first abatement request, there are many questions yet to be answered. The decision of the AISD and the City of Allen regarding this tax abatement in no way affects Collin County Community College district or Collin County taxation entity. At some time in the future, however, they may desire to participate in such an abatement process with the city and the school district. The particular piece of property we are talking about is vacant land. Therefore, we are not taking money from the City of Allen, at this time, to do this project and it is a good deal for the city. If this abatement is followed through, there will be a final agreement and contract which will delineate a cap for the maximum abatement allowed. Jon McCarty, City Manager, discussed the scenario regarding the cost benefit for the City of Allen for an industrial entity opposed to a residential project. Residential pays less than $1 for $1 service from the city. Commercial pays $3.30 for every $1 of service and industrial pays $2.36 for every $1 service received. The 57.6$ tax abatement figure is a break-even ratio for the City of Allen. The city is not losing any money on this ratio. Council discussed the course of events should the company not meet all contract requirements. Council expressed every confidence in Ray Massa and the company X'LNT Diskette. Resolution No. 1093-3-92(R): AResolution of the City Council of the City of Allen, Collin County, Taxes, Supporting Amendments to the Policy Statement for Tax Abatement Guidelines Contained in Resolution No. 1013- 12-90(R) as Adopted by the Allen City Council on the 20th Day of December, 1990. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1083-3-92(R) as previously captioned. The motion carried. I L ALLEN CITY COUNCIL REGULAR SESSION MARCH 5, 199E PAGE 7 Resolution No. 1084-3-92(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Providing for the Abatement of Ad Valorem Taxes on Improvements to Real Property as Proposed by Bethany Central Limited Liability Partnership. MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1084-3-92(R) as previously captioned. The motion carried. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted (7) for and none (0) opposed to hold a Public Hearing on March 19 to consider tax abatement issues for Bethany Central Limited Liability Partnership in accordance with state law requirements. The motion carried. Council took a brief recess. Other Business: (Agenda Item XI) Drought Contingency and Water Conservation Pro¢ram (Agenda Item XI -A) Dave Whitehead, Public Works Director, discussed with the Council certain needs of the city to comply with drought contingency and water conservation programs as a requirement for the bonding service the City of Allen has taken advantage of for its water and sewer projects. TML Region 13 Meeting (Agenda Item XI -B) The City of Sachse is holding their Texas Municipal League Region 13 meeting April 9, 1992 at Quarter J Ranch, Dublin Road, Parker, Texas. Those interested in attending this meeting should contact the City Manager or the City Secretary prior to the RVSP date of March 31, 1992. Forever Free Committee (Agenda Item XI -C) The City of Allen has been requested to help sponsor the Forever Free Celebration which was formed last year as a special tribute to the Desert Storm troops returning home. Collin County would like to hold the celebration each year as a tribute to all military personnel. This event will be held at Stonebridge Ranch on July 3, 1992. Council authorized staff for participation in this event. Calendar (Agenda Item XI -D) Spring Planning Session was set for March 27 and 28 in the Library Meeting Room. ALLEN CITY COUNCIL REGULAR SESSION MARCH 5, 1992 PAGE 8 Subcommittee Reports (Agenda Item XI -E) All information regarding the Comprehensive Plan update needs to be submitted to the Development Subcommittee prior to Wednesday, March 11. Items of Interest (Agenda Item XI -F) • Bill Petty, Community Development Director, distributed a new publication from the Community Development Department, "City of Allen Demographics '92'." This publication will made available to those entities interested and in need of such information. • Michael Stanger, Assistant to the City Manager, reviewed with the Council actions taken by the city to avert a "Michelangelo virus" disaster. Executive Session (Agenda Item XII) In accordance with Article 6252-17, V. A. T. C. S. (Open Meetings Law), Sections 2(g), the Allen City Council convened into Executive Session at 11:29 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to appointments to the Economic Development Alliance Board. The Executive Session was adjourned at 12:30 a.m. Reconvene (Agenda Item ) The Allen City Council reconvened into regular session at 12:31 a.m. on Friday, March 6, 1992, in the Council Chambers of the Allen Municipal Annex. Councilmember Kevin Lilly placed the following names of as a slate of nominations for the Economic Board of Directors. Place No. 1 - Mike Nichols Place No. 2 - Chuck Williams Place No. 3 - E. T. Boon Place No. 4 - Vern Lahart Place No. 5 - Jim Brazeal MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed that the nominations cease and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Economic Development Board of Directors. The motion carried. L ALLEN CITY COUNCIL REGULAR SESSION MARCH 5, 1992 PAGE 9 Review and Consider the Roles and Responsibilities of the City Council and Board of Directors of Economic Development Alliance (Agenda Item XIV) There was no action taken on this item. Adjourn (Agenda Item XV) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:45 a.m., on Friday, March 6, 1992. The motion carried. These minutes approved on the 19th day of March , 1992. �J ATTEST: JJII-- 1 J1fJ1y Mo on, CITY SECRETARY 11 APPROVED: Gary7"", MAYOR PRO TEM