Min - City Council - 1993 - 07/01 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JULY 1, 1993
Present:
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly, Mayor Pro Tem (absent)
Mickey Christakos
David Bishop
Mike Nichols
Steve Terrell
Sharon Hamner
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary (absent)
Connie Schofield, City Secretary's 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 6:27 p.m. on Thursday, July 1, 1993, 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 document concerning the Property Maintenance Code. Councilmember
Nichols questioned the procedure regarding draining the backwash of a swimming pool located in cul-de-sacs.
This drainage is coming to the front of the houses and is being discharged into the street instead of the alleyways.
Councilmember Hamner stated that the backwash needs to be put into the regular sanitary sewer and not into the
storm drain. Mayor Farmer recommended that Councilmember Hamner setup a workshop to discuss these items
prior to the next Development Subcommittee Meeting.
City Manager Jon McCarty explained that John Dettbarn, TRW, had called to discuss the assessed value
on the TRW property Intecom is protesting the valuation of the property because they are responsible for certain
taxes on this property The property was assessed at $14.2 million in January but sold for $11.7 million. Mayor
Farmer felt this item was a function of the appraisal review body, not the City Council.
ALLEN CITY COUNCIL
WORKSHOP SESSION
JULY 1, 1993 PAGE 2
City Manager Jon McCarty reviewed a notice from North Central Texas Council of Governments
regarding an Ozone Alert Program in the Dallas -Fort Worth area. The Dallas -Fort Worth region exceeds the
ozone standard in the summer months and is preparing an air quality plan to attain clean air by 1996, m mandated
by EPA and the Clean Air Act.
Discussion was held regarding TCI Cable and the cable programming changes. City Manager Jon
McCarty indicated that TCI Cable informed the City that the information regarding the survey conducted of the
citizens of Allen and their preference regarding cable programming was privileged information. TCI Cable also
stated that the City of Allen did not enter into negotiations soon enough. City Manager explained that during TCI
Cable negotiations with the City of Allen, TCI misrepresented itself by stating that Wylie and McKinney had
already signed franchise agreements when in fact they had not. It was felt that a consultant might need to be
contacted to represent the City of Allen's best interest to help prepare a franchise agreement with TCI Cable.
Mayor Farmer requested City Manager Jon McCarty to compose a letter to TCI Cable to request information
concerning the survey, address the issue of blaming the City for not entering into negotiations soon enough and
express a firm commitment to this issue.
Discussion of Consent Agenda and Regular Agenda Items (Agenda Item III)
Discussion was held regarding Agenda Item IV, Consent Agenda Staff requested that Item H, Amend
Tax Abatement Contract with Quest Medical, Inc. be tabled until the next Council meeting. Additional
information was needed from the Planning and Zoning Commission.
Discussion was held regarding Agenda Item V, Council Committee Reports. Services Subcommittee met
with Ron Hobbs to review the plans for the recreational center. Development Subcommittee member
Councilmember Hamner and David Pitstick, Economic Development Director, visited the Industrial Free Trade
Zone in DFW Finance/Administration Subcommittee discussed the Council budget and the Budget Retreat in
August. Mayor's Subcommittee requested information concerning the Municipal Messenger.
Discussion was held regarding Agenda Item VI, Citizen's Comments, Mr. William T Dyer, Buckingham
Estates, might be present to speak during the public hearing.
Discussion was held regarding Agenda Item VII, Certificates -of -Appointment to Newly Appointed and
Reappointed Members of Various City Boards. Connie Schofield, City Secretary's Secretary, told the Mayor
that Mary Walker, Library Board, and Robert E. Flood, Library Board, would not be present at the meeting.
Discussion was held regarding Agenda Item VIII, Public Hearing on Proposed Water and Sewer
Assessment for Buckingham Polo Estates and Consider an Ordinance Setting Pro Rata Fees. George Conner,
Civil Engineer, informed the Council of correspondence he had received from Mr. William T. Dyer, a
Buckingham Estates property owner. Mr. Dyer has two requests: (1) to change pro rata fees to be "per acre"
instead of "per lot" and (2) to change his Fiscal Impact Classification from "Category C - Developer" to
"Category B - Homeowner." George Conner informed the Council that the City absorbed the costs for labor and
equipment regarding the water and sewer facilities in Buckingham Estates. Mayor Farmer informed Council of
three (3) options they had concerning this proposed Ordinance: (1) accept "per lot" recommendations as
presented, (2) modify the Ordinance, or (3) table the item and assign to a committee for further study.
ALLEN CITY COUNCIL
WORKSHOP SESSION
JULY 1, 1993
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With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned
at 7:28 p.m. on Thursday, July 1, 1993.
Council took a short break.
REGULAR SESSION - 7:30 P.M.
Mayor Pro Tem Lilly informed the Mayor he would be on vacation this week.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was called
to order by Mayor Farmer at 7:35 p.m. on Thursday, July 1, 1993, 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 Hamner and seconded by Councilmember Nichols, the
Council voted six (6) for and none (0) opposed to table Consent Agenda Item H, Amend Tax
Abatement Contract with Quest Medical, Inc. and place this item on the July 15, 1993 City
Council Agenda. The motion carried.
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Bishop, the
Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent
Agenda with the exception of Item H as recommended and as follows:
A. Approve Minutes of June 17, 1993, Regular Meeting.
B. Approve Minutes of June 22, 1993, Special Called Budget Workshop.
C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1. CompUSA $ 92.98
For: Library Automation Surge Protectors for
Automated System Terminals
Interest Earned Bond Funds
Period: lune 1993
2. Cummings & Pewitt $ 1,155.00
For: Paving Stakes on McDermott Road and Main
Street at Railroad Crossings
1985 Street Bond Funds
Period: June 18, 1993
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JULY 1, 1993
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3. Hunter Associates $ 765.90
For: Professional Engineering Services FM 2170 East
1985 Street Bond Funds
Period: April 1 to May 31, 1993
4. Hunter Associates, Inc. $ 5,329.00
For: Professional Engineering Services Performed in
the Design of Paving & Drainage Improvements
for Allen Heights Drive from Park Place Drive
to Bethany Road
1985 Street Bond Funds
Period: Thm May 31, 1993
J. C. Evans Construction Co., Inc. $103,043.75
For: Purchase of Material and for Bore & Cylinder
Installation FM 2170
1985 Street Bond Funds
Period: Thru end of June 1993
D. Tax Report.
E. Approve Resolution Authorizing an Adjustment and Refund to the 1992 Tax Roll.
Resolution No. 1186-7-93(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Authorizing an Adjustment and Refund to the 1992 Tax Roll.
F Consider an Ordinance Updating City of Allen Code of Ordinances with Supplement
No. 5.
Ordinance No. 1187-7-93: An Ordinance of the City of Allen, Collin County, Texas,
Adopting and Enacting Supplement Number 5 to the Code of Ordinances for the City of
Allen; Providing a Severability Clause; Providing a Penalty for Such Violation Thereof;
and Providing When Such Supplements and this Ordinance Shall Become Effective.
G. Approve Resolution on Vehicle/Equipment Replacement Fund Policy
Resolution No. 1188-7-93(R): A Resolution of the City Council of the City of Allen,
Collin County. Texas, Adopting Certain Policies Designating the Funding of the
Vehicle/Equipment Replacement Fund and Regulating the Expenses Made from the Fund.
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 1, 1993
I. Award Bid for Contract Mowing for Parks and Recreation Department.
Council authorized Staff to award the bid for contract mowing to:
Hall's Home Improvements
Mowing of Allen City Cemetery - $270 per mowing
Mowing of Allen Heights median - $160 per mowing
Council Committee Rg t�
Services:
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(Agenda Item Y)
Committee consisting of Councilmembers Bishop and Christakos, Rhoda Savage, Parks and
Recreation Director, two Park Board members, and Architect Ron Hobbs visited recreation
centers in Plano, Arlington (designed by Ron Hobbs) and Dallas to review the different styles and
concepts of the recreational centers
Development:
David Pitstick, Economic Development Director, and Councilmember Hamner visited the
Industrial Free Trade Zone in DFW
Finance/Administration:
City Secretary Judy Morrison reviewed the 1993-94 Council budget
> Budget Retreat — August 13, 14, 15
City Manager Jon McCarty reported on the status of the TU Electric Franchise Agreement
Amendment
> Charlotte Smith, Finance Director, reviewed a resolution concerning a vehicle/equipment
replacement policy
Mayor's:
Municipal Messenger — topics should be turned in to City Secretary Judy Morrison
Reschedule July 9 Mayor's Subcommittee meeting
Council is encouraged to watch proceedings of Municipal Court Judge and the City Attorney
Citizen's Comments (Agenda Item VI)
Don H. Wilson. 1523 Country Lane, Allen, TX 75002, extended a "thank you" to the City for taking
care of a drainage problem on his property
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ALLEN CITY COUNCIL
REGULAR SESSION
JULY 1, 1993 PAGE 6
Certificates -of -Appointment to Newly Appointed
and Reappointed Members of Various City Boards (Agenda Item VII)
Mayor Farmer extended congratulations to the newly appointed and reappointed members of the Library
Board, Planning and Zoning Commission and the Development Impact Advisory Board. Oathsof-Office will be
administered by the City Secretary to the newly appointed and reappointed members of the various City Boards
prior to their first scheduled meeting.
Planning and Zoning Commission Exaltation
Place No. 2 - John Garcia 6/30/95
Place No. 4 - Noel Crume 6/30/95
Place No. 6 - Douglas Gallagher 6/30/95
Library Board
Place No. 1 - Robert E. Flood 6/30/95
Place No. 3 - Mary Walker 6/30/95
Place No. 5 - Don Wilson 6/30/95
Place No. 7 - Betty Matthews 6/30/95
Development Impact Advisory Committee
Developer/Builder
Representative - Mark Hicks 6/30/95
Noel Crume, Place No. 4, Planning and Zoning Commission, Robert E. Flood, Place No. 1, Library
Board, Mary Walker, Place No. 3, Library Board, and Betty Matthews, Place No. 7, Library Board, were not
present to receive their certificates but will receive them at a future time.
Public Hearing on Proposed Water and Sewer
Assessment for Buckingham Polo Estates and
Consider an Ordinance Consider an Ordinance SettlnyPro Rata Fees Fees (Agenda Item VIII)
Mayor Farmer informed the Council and the citizens of the options available regarding the Ordinance
presented during this public hearing: (1) accept the Ordinance as written; (2) modify the Ordinance; or (3) table
the Ordinance for further study
George Conner, Civil Engineer, spoke before the Council regarding the proposed water and sewer
assessment for Buckingham Polo Estates and the pro rata fees concerning this issue. He explained that
Buckingham Polo Estates was developed in the mid to late 1960's. Buckingham Lane was a private dirt road.
Water service was served by 2" main, which currently will not support fire protection. The existing homes have
septic tanks for sanitary sewer system
The majority of property owners petitioned the City for assistance in improving municipal services in the
subdivision. Building permits cannot be issued without adequate fire protection.
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 1, 1993 PAGE 7
Council took action with Resolution No. 1124-8-92(R) which allowed for improved services to assess
some part of the cost to the existing property owners.
The cost of this project is $112,596. The City contributed over ten percent (10%) of the expense of this
project through labor and equipment which was not included in the pro rata fees. Mr. Conner also pointed out
that the roadway is not part of the assessment.
Existing homeowners who wish to connect immediately (180 days from effective date of this ordinance)
to the sanitary sewer have the option of repaying the pro rata over a ten (10) year period at an interest rate of
7% compounded annually
Parties who do not now own a home in Buckingham Polo Estates, or homeowners who do not wish to
connect immediately will be required to pay the pro rata in lump sum at the time of sanitary connection, plus
interest.
Developers will be required to pay the pro rata in lump sum at time final plat filing. The cost will be
based on the number of original acres used in the development, plus interest.
The City Council finds, based on actual cost certified by the City's Engineer, that the per acre pro rata
charge for any party owner or developer filing an application to utilize any capacity of the project shall be
$1,649 46 per acre, plus interest of 7% compounded annually.
Mr. Conner handed out copies of a second letter from Mr. William T Dyer who was expressing concern
over the pro rata fees and classification of his property being "Fiscal Impact Category C - Developer" instead
of "Fiscal Impact Category B - Homeowner."
Mayor Farmer read the request into the records as follows:
"Public Hearing on Proposed Water and Sewer Assessment for Buckingham Polo Estates and
Consider an Ordinance Setting Pro Rata Fees. The purpose of this hearing is to receive
testimony from persons on behalf of the City of Allen and on behalf of all persons owning or
claiming any property or any interest in property in the Buckingham Polo Estates as to any and
all matters concerning the pro rata assessments proposed to be levied against the property and its
owners. All is more fully described in this proposed Ordinance and Resolution No. 1124-8-92(R)
and notice published in the Allen American on June 20, 1993, and notice mailed to all owners
of record on June 18, 1993."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
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Mr. William T Dyer, 7608 Carta Valley Drive, Dallas, TX 75248, spoke in opposition of the
Buckingham Polo assessment/Ordinance. Mr. Dyer did agree that there is a need for an assessment and thanked
the Council and the City for all the work that had been done. He did feel, however, that the assessment should
be by "per acre" instead of "per lot" as indicated in the current proposed Ordinance. Mr. Dyer felt this
arrangement would allow the assessment to be distributed equally for the amount of land owned. He also request-
ed that his property be reclassified as "Category B — Homeowner" instead of "Category C — Developer" for
the Fiscal Impact Fee designation. Mr. Dyer handed out information to Council showing a Buckingham Estates
zoning study indicating developed and undeveloped lots. A memo stating his reasons for opposition and his
suggested alternatives was also distributed.
Mr. Bob Taylor, 233 Rockridge Circle, Allen, TX 75002, spoke in opposition of the "per lot"
assessment. He felt the "per acre" assessment was a better way to handle the assessment and would be more fair
to all involved. If the assessment was determined by a "per lot" basis, then Mr. Taylor felt that late developers
would not be charged a fee.
Mr. Jeff Knauss, 100 Buckingham Lane, Allen, TX 75002, thanked the City Council and the City for
all the work that had been done. He said he was also speaking on behalf of his father and sister who we also
lot owners in Buckingham Estates. Mr. Knauss expressed his request for the "per acre" assessment instead of
,.per lot."
Ms. Chris Parks, Route 5, Box 10, Allen, TX 75002, also stated her preference for the "per acre"
assessment instead of the "per lot" assessment.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing.
Councilmember Bishop confirmed with George Conner, Civil Engineer, that if a Buckingham Estate
property owner chose not to connect to the water and sewer facilities then there would not be an assessment fee.
Councilmember Christakos asked George Conner, Civil Engineer, to explain the benefit of a "per acre"
charge as compared to a "per lot" charge. He said the "per lot" charge was determined due to the intent of a
petition that was submitted to the City from the landowners in Buckingham Estates requesting a "per lot" basis.
George Conner gave the petition to Mayor Farmer to review
Councilmember Nichols affirmed that there is a 7% interest charge that begins immediately when the
property owner connects to the water and sewer services. However, if the individual pays the full amount within
the first 30 days, then there is no interest
George Conner added that the roadway in Buckingham Estates is not part of the assessment. The
assessment involves only the water and sewer services.
Council took a brief recess.
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REGULAR SESSION
JULY 1, 1993 PAGE 9
Ordinance No. 1189-7-93: An Ordinance of the City
of Allen, Collin County, Texas, Establishing a Pro
Rata Charge as a Prerequisite to Utilizing the
Capacity of a Water and Sanitary Sewer Line
Located in Buckingham Polo Estates; Providing a
Severability Clause; Providing a Penalty; and
Providing for an Effective Date of this Ordinance.
MOTION: A motion was made by Councilmember Christakos and seconded by Councilmember Bishop, to
approve Ordinance No. 1189-7-93 as previously captioned. No vote was taken on this motion.
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop the
Council voted six (6) for and none (0) opposed to approve an amendment to Ordinance No. 1189-
7-93, Sections 1 through 4, to change the wording where applicable from "per lot" to "per acre"
and Section 3D should read 11,649 46" instead of 33,412.00" for the pro rata charge. The
motion carried.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Hamner, the
Council voted six (6) for and none (0) opposed to amend the main motion to approve Ordinance
No. 1189-7-93 as previously captioned with the noted changes to include the statement in Section
L3D to read "7% interest is to be compounded annually and interest starts 30 days after completion
of surface work on Buckingham Road." The motion carried.
MOTION: As previously moved, upon a motion made by Councilmember Christakos and seconded by
Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve Ordinance
No. 1189-7-93 as previously captioned with the amendments to Sections 1 through 4. The
motion carried.
Award Bid and Authorize Contracting
for Country Meadows Park Construction
(Agenda Item IX)
Rhoda Savage, Director of Parks and Recreation, reviewed the background for the Country Meadows
Park design. On October 17, 1992, Council approved the following elements for inclusion in the Country
Meadows Park design.
L Trees
2. Walkway
3. Toddler Playground
4. 6-12 Year Old Playground
5. Picnic Units
Park design elements were approved based on input obtained by the Parks and Recreation Board from
citizens who live near the park site.
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ALLEN CITY COUNCIL
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JULY 1, 1993 PAGE 10
Bids were received from the Collin County Purchaser's Forum, SVA Construction and Spectrum
Construction and Enterprises Company for the concrete paths.
Staff recommends the bid be awarded to SVA Construction for concrete work related to Country
Meadows Park development due to the good quality of their work and the low bid amount.
SVA bid to install the trail as per City of Allen Standard Details for construction for $2.05 per square
foot. At approximately 2,000 linear feet of 5 foot wide trail, the walkway will cost approximately $20,495.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos,
the Council voted six (6) for and none (0) opposed to award the bid to SVA Construction for
concrete work at Country Meadows Park for $2.05 per square foot, at approximately 2,000 linear
feet of 5 foot wide trail, which will cost approximately $20,495. The motion carried.
Other Business (Agenda Item X)
Calendar (Agenda Item X -A)
July 9
Mayor's Subcommittee to be rescheduled
July 19
RESCHEDULED — Finance/Administration 9:00 A.M.
Subcommittee Meeting
August 13
Mayor's Subcommittee to be rescheduled
August 13,
14 and 15
Budget Retreat - Lake Texoma Lodge
Legislative Report (Agenda Item X -B)
Michael Stanger, Assistant to the City Manager, reviewed city -related bills that had passed during the
recent legislative session. These bills concerned purchasing, retiree health insurance, public safety, utility
records, court costs, property value, sanitation regulations, alley speed limits and illegal dumping of products.
Items of Interest (Agenda Item X-C)
Forever Free Celebration — July 3, 1993 at Stonebridge Ranch
Mayor Farmer will be out of town next week
Councilmember Sharon Hamner asked Michael Stanger, Assistant to the City Manager, to check
with NTMWD concerning trucks that are traveling on Allen roadways and exiting on Campbell
Road. Some of the trucks are 'leaking" a semi-liquid substance which is getting on windshields
of cars traveling on these roadways. He will check into and report back to Council at a later
date.
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MOTION: A motion was made by Councilmember Bishop and seconded by Councilmember Hamner to bring
back on the table the subject of Buckingham Estates property owner Mr. William T Dyer's
request to change his Fiscal Impact Fee Classification from "Category C — Developer" to
"Category B - Homeowner."
After considerable discussion, there was no action taken to change Mr. Dyer's Fiscal Impact Fee
classification. Mr. Dyer's classification will remain "Category C."
RTC Appointment
(Agenda Item X -D)
City Manager Jon McCarty informed Council that Dick Bode had offered to talk with the Development
Subcommittee regarding transportation issues. Councilmember Sharon Hamner asked if any further action had
been taken concerning the mobility coalition. Mayor Farmer suggested the City Manager Jon McCarty and the
Development Subcommittee meet with Dick Bode to discuss these issues and then report back to Council with
the information.
Executive Session
(Agenda Item XI)
In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(e), the Allen City
Council convened into Executive Session at 10:02 p.m. in the Conference Room of the Allen Municipal Annex,
One Butler Circle, Allen, Texas in order to discuss matters pertaining to attorney's opinion regarding potential
litigation.
The Executive Session was adjourned at 10:44 p.m.
Reconvene
(Agenda Item XII)
The Allen City Council reconvened into regular session at 10:45 p.m. on Thursday, July 1, 1993, in the
Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive
Session.
Adjourn
(Agenda Item XIII)
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 10:46 p.m., on Thursday, July 1, 1993. The motion carried.
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REGULAR SESSION
JULY 1, 1993 PAGE 12
These minutes approved on the 15th day of July-, 1993.
ATTEST:
�`M�,?MC, CIit.l� ETARY
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APPROVED:
zO / PE--'
loe Farmer, MAYOR