Min - City Council - 1992 - 04/02 - RegularPresent:
Joe Farmer, Mayor
CouncHmembers:
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 (absent)
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 6:45 p.m. on Thursday, April 2, 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 the adoption of the Ordinance amending the speed zone on State Highway 5. City
Manager Jon McCarty explained that at the Council's direction, Staff requested the State
Department of Highways and Public Transportation to do a speed zone study of State
Highway 5. The only change in the speed was the area immediately north and south of FM
2170. Although it is the desire of the Council that the speed limit be lowered from 40 mph,
the state study concluded that it should be raised to 45 mph.
Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. It was noted that
representatives of Briar Ridge Investments were expected to be present in the audience
and introduce themselves as new major land owners in west Allen.
Mayor Farmer reviewed Agenda Item VII, Approve Resolution Requesting North
Texas Municipal Water District to Implement Phase I of the Updated Plan for Upper East
Fork Sewer Interceptor System. Staff commented that Carl Riehn, Executive Director of
North Texas Municipal Water District (NTMWD), was scheduled to be present to speak to
this issue.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1992
Present:
Joe Farmer, Mayor
CouncHmembers:
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 (absent)
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 6:45 p.m. on Thursday, April 2, 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 the adoption of the Ordinance amending the speed zone on State Highway 5. City
Manager Jon McCarty explained that at the Council's direction, Staff requested the State
Department of Highways and Public Transportation to do a speed zone study of State
Highway 5. The only change in the speed was the area immediately north and south of FM
2170. Although it is the desire of the Council that the speed limit be lowered from 40 mph,
the state study concluded that it should be raised to 45 mph.
Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. It was noted that
representatives of Briar Ridge Investments were expected to be present in the audience
and introduce themselves as new major land owners in west Allen.
Mayor Farmer reviewed Agenda Item VII, Approve Resolution Requesting North
Texas Municipal Water District to Implement Phase I of the Updated Plan for Upper East
Fork Sewer Interceptor System. Staff commented that Carl Riehn, Executive Director of
North Texas Municipal Water District (NTMWD), was scheduled to be present to speak to
this issue.
ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 2, 1992 PAGE 2
Mayor Farmer reviewed Agenda Item VIII, Adopt Ordinances Updating and Amending
the Building and Fire Codes. It was explained that the adoption of the new codes were
essentially aformality because the previous Ordinance had adopted the earlier codes to
include all subsequent updates. The adoption of the new building and fire codes now was
intended to save builders and architects time.
Mayor Farmer reviewed Agenda Item IX, Approve Resolution Adopting an Emergency
Operations Plan. The plan sets out the responsibilities of the City Council and the City
departments in an emergency or disastrous situation.
Mayor Farmer reviewed Agenda Item X, Consider Items Related to Parks and
Recreation, Approve Funding Program for Parks Facilities and Adopt Ordinance Setting
Fees for Parks and Recreation Programs. There was considerable discussion regarding
funding programs for Parks facilities and setting fees for Parks and Recreation programs.
Mayor Farmer asked if there were any questions concerning Agenda Item XI, Discuss
Items Related to Spring Planning Session or Agenda Item XII, Other Business. There
being none, he asked Jon McCarty, City Manager, if there were any other items of interest
that needed to be addressed prior to adjourning the workshop. He reminded the Council
that the proposals for bank depository agreement would be upcoming on the next Council
agenda. He stated that state law requires a declaration by Councilmembers if they have
a conflict of interest. He further asked Councilmembers to communicate with him so he
could provide that information to the City Attorney so the City Attorney could properly
advise them on their actions consistent with state law.
Mr. McCarty also stated that Staff had been contacted by someone interested in using
the old water tower. He stated that no money had been offered other than to remove the
water tower at no cost to the City. Council briefly discussed this item and decided to
discuss it again under Agenda Item XII, Other Business, Items of Interest, in the regular
meeting.
With no further discussion on the agenda, the workshop session of the Allen City
Council was adjourned at 7:37 p.m. on Thursday, April 2, 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 7:45 p.m. on Thursday, April 2, 1992, in
the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item V)
Mayor Farmer asked if any item on the Consent Agenda needed to be removed.
Councilmember Kevin Lilly asked that Item G, Adopt Ordinance Amending Speed Zone on
State Highway 5, be removed and further that the remaining items on the Consent Agenda
�^ be approved.
MOTION: Upon a motion made by Councihnember Lilly and seconded by Mayor Pro Tem
Edstrom, the Council voted (7) for and none (0) opposed to approve and adopt
all items on the Consent Agenda as recommended and as follows:
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 2, 1992
PAGE 3
A.
Approval of City Council Minutes of Approve Minutes of March 19, 1992,
Regular Meeting, 1991 - Regular Session.
B.
Authorize city staff to pay bills associated with the 1985 Capital
Improvement Program as follows:
1. Harte Hanks Community Newspaper $ 49.50
For: Advertising for the Environmental
Assessment
Period: Feb. 19 and Feb. 23, 1992
2. Alpha Testing, Inc. $248.50
For: Concrete Testing @ Bethany Lakes
1985 Park Bond Funds
Period: March 1992
C.
Acknowledge Resignations of Member of Library Board and Planning
and Zoning Commission and Declare Vacancies on Respective Boards.
Sharon Hamner, Library Board
Judith Seale, Planning & Zoning Commission
D.
Approve Resolution Adopting a Water Conservation and Drought
Contingency Program.
Resolution No. 1092-4-92(R): A Resolution of the City Council of the
City of Allen, Collin County, Texas Adopting the Allen Water
Conservation and Drought Contingency Program.
E.
Authorize Negotiations on a Contract for Concessions in Allen Parks.
F.
Approve Low Bid and Authorize Contract for Mowing Services for Parks
Department.
Low Bid: Shades of Green, Inc.
Budget: Not to exceed $24,000
The
motion carried.
MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember
Bishop, the Council voted (7) for and none (0) opposed to have the Staff
review the proposed speed zone Ordinance with the State Highway Department
to determine if there are any other options other than raising the speed limit
on State Highway 5 and report that information back to the Council. The
motion carried.
! End of Consent Agenda
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 2, 1992
Citizen's Comments
PAGE 4
(Agenda Item VI)
Mayor Farmer stated that he had received a Citizen's Comments card from Terry
Haines, Jr., 2711 LBJ Freeway, Dallas, Texas 75234, of the Baldwin Company Realtors.
Mr. Haines introduced John Lamonico, Greg Moseley, Richard Ferrer, Roy Wilshire and
others presenting Briar Ridge Development. He stated that the company had acquired
approximately 1800 acres of land in Allen, Texas, bordered by FM 2170 on the south, US
75 on the east, Alma Drive on the west and Rowlett Road on the north. Additionally, there
was several hundred acres of land located immediately south of State Highway 121 and east
of Custer Road. Mr. John Lamonico, representing the owners of the property, stated that
they were very pleased to be owners of this property and that they were investors
intending on selling the land at a future date and that they were not developers. He
further stated that they intended to work with the home owners in the Raintree Subdivision
so that the subdivision could be built out and also maintain the remainder of their property
in a more acceptable manner.
Mayor Farmer welcomed the group to Allen and stated that the Council was looking
forward to working with them.
Approve Resolution Requesting North Texas Municipal
Water District to Implement Phase I of the Updated
Plan for Upper Bast Fork Sewer Interceptor Svstem (Agenda Item VII)
Mayor Farmer read the request into the record as follows:
"Approve a Resolution requesting North Texas Municipal Water District
implement Phase I of the updated plan for Upper East Fork Sewer Interceptor
System."
Mayor Farmer recognized Carl Riehn, Executive Director and General Manager of the
North Texas Municipal Water District. Mr. Riehn, using maps, gave a historical
background of the construction location of the Upper East Fork Interceptor System and
why now, at the request of the cities of McKinney, Allen, Plano and Richardson, the
district is planning to expand the system for the benefit of the cities.
Resolution No. 1093-4-92(R): A Resolution of
the City Council of the City of Allen, Collin
County, Texas, Requesting the North Tease
Municipal Water District to Implement Phase I
of the Plan Update of the Upper East Fork
Interceptor System.
MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by
Councilmember Christakos, the Council voted (7) for and none (0) opposed to
approve Resolution No. 1093-4-92(R) as previously captioned. The motion
carried.
Mr. Riehn further stated that a number of questions had been raised by residents
in Fairview regarding the application by the City of McKinney and the North Texas
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 2, 1992
PAGE 5
Municipal Water District to transfer the solid waste landfill permit, now with the City of
McKinney, to the district. He stated that the opponents to the district receiving the permit
had raised a number of questions and he provided the Council with a written version of the
responses to the questions and issues raised in letters that he had received. Mr. Riehn
then distributed the letters.
Adopt Ordinances Updating and
Amending the Building and Fire Codes
(Agenda Item VIII)
(Agenda Item VIII -A)
Bill Petty, Director of Community Development, spoke to the issue and stated that
updated codes actually allowed for less stringent building requirements in certain areas.
The principle reason for updating the codes was to simplify the review by builders and
architects.
Ordinance No. 1094-4-92: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Section I of Ordinance No. 48, as
Previously Amended, and Sections 4-3 and 4-
5, Article I, Chapter 4 of the Allen Code of
Ordinances by: Adopting the Current
Editions of the Uniform Building Code,
National Electrical Code, Uniform Mechanical
Code, and Uniform Plumbing Code, Including
Future Amendments Thereto; Deleting the
Cabo One and Two Family Dwelling Code of
American Building Officials; Amending the
Allen Electrical Code Attached as Exhibit "A-
1"; and Amending Section 2516, Table No.
32-A, Relative to the Repair of Existing
Shake or Shingle Roofs; Providing a
Severability Clause; Providing a Penalty for
Violation of this Ordinance; Providing for
Publication of the Caption Hereof; and
Providing for an Effective Date.
MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember
Nichols, the Council voted (7) for and none (0) opposed to approve Ordinance
No. 1094-4-92 as previously captioned. The motion carried.
Fire Codes
(Agenda Item VIII -B)
Fire Chief Ron Gentry and Fire Marshal Craig Gillis presented this item to the
Council. They briefly reviewed with the Council the variations between local code and the
national code.
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 2, 1992
Ordinance No. 1095-4-92: An Ordinance of
the City of Allen, Collin County, Texas,
Repealing Ordinance No. 682-3-86 and Article
II, Chapter 5 of the Allen Code of
Ordinances; Adopting the 1991 Edition of the
Uniform Fire Code and Uniform Fire Code
Standards, Including Future Amendments
Thereto; Prescribing Regulations Governing
Conditions Hazardous to Life and Property
From Fire or Explosion, Providing for the
Issuance of Permits for Hazardous Uses or
Operations, and Establishing a Bureau of Fire
Prevention, Providing Officers Therefore and
Defining Their Duties and Powers; Providing
for the Amending of Said 1991 Uniform Fire
Cede and Uniform Fire Code Standards with
Certain Deletions, Amendments and/or
Additions; Authorizing Suite for Injunctive
Relief; Providing a Severability Clause;
Providing a Penalty Clause; and Providing an
Effective Date.
PAGE 6
MOTION: Upon a motion made by Councilmember Christakos and seconded by
Councilmember Bishop, the Council voted (7) for and none (0) opposed to
approve Ordinance No. 1095-4-92 as previously captioned. The motion
carried.
Approve Resolution Adopting
an Emergency Operations Plan (Agenda Item DI)
Craig Gillis, Fire Marshal, spoke to this item stating that new state and federal law
required that the Emergency Operations Plan of the City be updated. That process had
been completed as was a review of all of the annexes that are attached to the plan. Mr.
Gillis stated that the intent of the plan was to guide the City's response to emergency
conditions affecting the City. It specifies the actions of the Council and the individual
departments in different types of emergencies that could occur in Allen. He stated that
during the upcoming year there would be tests of the plan involving Staff and Council.
Resolution No. 1096-4-92(R): AResolution of
the City Council the City of Allen, Collin
County, Texas, Adopting an Emergency
Operations Plan for the City of Allen in
Conformance with Politic Law 81-920 and 93-
288 and in Conformance with the Texas
Disaster Act of 1975 and Ordinance 487-1-84
of the City of Allen.
ALLEN CITY COUNCIL
REGULAR SESSION
Is APRIL 2, 1992 PAGE 7
MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember
Christakos, the Council voted (7) for and none (0) opposed to approve
Resolution No. 1096-4-92(R) as previously captioned. The motion carried.
Consider Items Related to Parks and Recreation (Agenda Item X)
Approve Bid and Authorize Contract
for Greasing of Bethany Lakes (Agenda Item X -A)
Rhoda Savage, Director of Parks and Recreation, stated that this item included seed
and sprigging of Buffalo grass in the new Bethany Lakes Park.
MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by
Councilmember Lilly, the Council voted (7) for and none (0) opposed to award
the bid to Texas Environmental Management, Inc. and authorize City Manager
to execute a contract for grassing of Bethany Lakes in an amount not to
exceed $50,000. The motion carried.
Approve Funding Program for Parks Facilities (Agenda Item X -B)
Rhoda Savage, Director of Parks and Recreation, stated that at the request of the
City Manager she had put together a list of capital items that, in her opinion, needed to be
addressed in the parks. Those capital items were broken into three primary categories:
(1) new facilities, (2) additions to existing parks, and (3) upgrades and maintenance to
existing structures. The Council then proceeded to review the items individually and in
detail.
MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by
Councilmember Terrell, the Council voted (7) for and none (0) opposed to
approve the Staff recommendation regarding improvements to park facilities
with the following exceptions -- consideration should be given to some minor
renovations to be done to the clubhouse at Bethany Lakes; renovate the
existing concession building at Bethany Lakes ballfield; remove Country
Meadows from the list of projects and take this item to the Parks Board for
their review and recommendation; Council authorize design of the approved
improvements with the understanding that most of the individual items would
be brought back to the Council for bidding. The motion carried.
Adopt Ordinance Setting Fees
for Parks and Recreation Programa (Agenda Item X-C)
Rhoda Savage, Director of Parks and Recreation, explained the current fees and the
proposed fees for these programs.
Ordinance No. 1097-4-92: An Ordinance of
the City Council, of the City of Allen, Collin
County, Texas Amending Ordinance No. 951-
4-99 Fees for the Use of the Swimming Pool at
Ford Park; Establishing Fees for other
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 2, 1992 PAGE 8
Recreation Programs and Facility Use;
Providing for the Collection of Such Fees;
and Providing for an Effective Date.
MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by
Councilmember Lilly, the Council voted (7) for and none (0) opposed to
approve Ordinance No. 1097-4-92 as presented with the following amendments
-- the charge for the light fee be made $6.00 per hour, the charge for renting
the pavilion at Bethany Lakes is $50 with a $100 deposit, and the fees for
"open gym" for 18 year olds and under be dropped, including resident and
non-resident. The motion carried.
Discuss Items Related to Spring Planning Session (Agenda Item XI)
This item was intended to be an update and a discussion item but because of the late
hour Mayor Farmer asked that it be postponed until the next meeting.
Other Business:
Calendar (Agenda Item XII -A)
City Manager Jon McCarty reviewed the calendar with the Council particularly noting
the April 10 and 11 Special Olympics activities, Early Voting on the state run-off races and
Early Voting for the City Council election to begin on April 13.
Subcommittee Reports (Agenda Item XII -B)
There were no subcommittee reports.
Items of Interest (Agenda Item XII -C)
Jon McCarty, City Manager, brought up the issue of the water tower and Council
asked that additional information be brought to them, specifically, if the company that bas
expressed an interest in the tower is offering any compensation to the City. Secondly, if
the City keeps the tower, what would be the cost of maintaining it?
Councilmember Christakos asked about the possibility of a banner being erected at
US 75 and McDermott Drive welcoming all of the participants at the Special Olympics.
Adioura (Agenda Item XIII)
MOTION: Upon a motion made by Councilmember Terrell and seconded by Councilmember
Nichols, the Council voted (7) for and none (0) opposed to adjourn the
regular session of the Allen City Council at 12:15 a.m., on Friday, April 3,
1992. The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 2, 1992 PAGE 9
These minutes approved on the 16th day of April , 1992.
ATTEST:
t _ �.4'tJI�.Q�d'3'"
CI'. Y SECRETARY
I
APPROVED:
J60 Farmer, MAYOR