Min - City Council - 1993 - 07/15 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JULY 15, 1993
Present:
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly, Mayor Pro Tem
Mickey Christakos
David Bishop
Mike Nichols (absent)
Steve Terrell
Sharon Hamner
City Staff•
Jon McCarty, City Manager
Judy Morrison, City 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 6:31 p.m. on Thursday. July 15, 1993, in the Lunch Room of
the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Open Council Discussion (Agenda Item II)
Discussion was held regarding the service, quality of service and the channels offered from the current
cable franchise in the City of Allen. Various options of the Council were discussed. Public opinion seems to
indicate and show a great deal of disenchantment with TCI Cable.
Councilmember Hamner will be demonstrating a storm water stenciling kit at Rotary Club next week.
She will be contacting fund raising groups who might be interested in participating in this campaign. This project
is strictly an "awareness campaign' at this time. Since the design of this project may need additional formatting,
the Development Subcommittee will look at guidelines and bring back a recommendation to the Council regarding
the most efficient, effective and fair way in running this function.
Dick Bode, representative from the Collin County area of the Regional Transportation Council, visited
the Development Subcommittee this past week. Due to the possible assistance that the Dallas Mobility Council
might be in securing ISTEA funding, the Development Subcommittee will visit with David Griffin and bring back
a recommendation to Council as to the need for the City of Allen to join this Council.
ALLEN CITY COUNCIL
WORKSHOP SESSION
JULY 15, 1993 PAGE 2
Discussion of Consent Agenda
and Reeular Agenda Items (Agenda Item III)
There was no discussion regarding Agenda Item IV, Consent Agenda.
There was no discussion regarding Agenda Item V, Council Committee Reports.
Discussion was held regarding Agenda Item VI. Citizen's Comments. There was no indication that any
citizens would be present for tonight's meeting.
Discussion was held regarding Agenda Item VII, Tabled Item: Amend Tax Abatement Contract with
Quest Medical, Inc. The only item of change is the addition of the term "Planning and Zoning Commission' to
be included for those who do not own or lease property in this reinvestment zone.
Discussion was held regarding Agenda Item VIII, Approve an Ordinance Amending the Existing
Franchise Between the City and TU Electric. Additional wording was distributed by the City Manager for use
in the Ordinance, especially Section 3 and Section 4.
Discussion was held regarding Agenda Item IX, Other Business, Calendar. Budget Retreat is scheduled
for August 13, 14 and 15. Photo session for Council is tentatively scheduled for August 5.
Municipal Messenger articles are being assigned early next week.
July 22 to 25 — Councilmembers' Association meeting in Plano
Discussion was held regarding Agenda Item IX, Other Business, Utility District. George Conner, Civil
Engineer, will discuss the time table for the Drainage Utility District after which time the Development
Subcommittee will be reviewing this item for further action.
Discussion was held regarding Agenda Item IX, Other Business, Items of Interest. Jimmy Honea
presented figures to the City Manager with the assessed value update at $777 million. The Mayor indicated he
had received information from the City of Abilene regarding a "Spirit of Texas" video to be produced for TML
to all cities who are interested in adding a clip of video selling their particular City
With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned
at 7:26 p.m. on Thursday, July 15, 1993.
CONSENT AGENDA (Agenda Item IV)
Councilmember Nichols will not be present this evening and notified the Council he is out of town.
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Terrell, 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 July 1. 1993, Regular Meeting.
ALLEN CITY COUNCIL
REGULAR SESSION
' JULY 15, 1993
PAGE 3
B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1. Payless Cashways
$ 186.69
For: Lumber for Setting of forms for Replacement of
Sidewalks after Railroad Crossing Removal
1985 Street Bond Funds
Period: May 26, 1993
2. Gibson & Associates, Inc.
$35,421.45
For: Removal and Replacement of Concrete Paving at
Main Street and McDermott Railroad Crossing
1985 Street Bond Funds
Period: End of lune 1993
3. Southland Technology, Inc.
$ 243.00
For: Surge Protectors for Automated System
Terminals
Interest Earned Bond Funds
Period: June -July 1993
4. Iron Mountain Forge
$ 2,246.62
For: Purchase of 4 Picnic Tables for Country
Meadow Park
1985 Park Bond Funds
Period: lune 1993
C. Tax Report
The motion carried.
End of Consent Aeenda
Council Committee Reports (Agenda Item V)
Development:
Informative meeting with Dick Bode of the Regional Transportation Council
Another meeting is scheduled for Monday, July 19
Finance/Administration:
Meeting is scheduled for Tuesday, July 20
ALLEN CITY COUNCIL
REGULAR SESSION
■ii; JULY 15, 1993 PAGE 4
Services:
Bethany Lakes facility
Update on BFI recycling options
Long range library plans
Mayor's:
Municipal Messenger will be finalized and ready to be sent out the end of August
Citizen's Comments (Agenda Item VI)
There were no citizen's comments.
Tabled Item: Amend Tax Abatement
Contract with Quest Medical. Inc.
(Agenda Item VII)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Hamner, the
Council voted six (6) for and none (0) opposed to remove Agenda Item VII, Amend Tax
Abatement Contract with Quest Medical, Inc. from the table. The motion carried.
During the regularly scheduled meeting of the Allen City Council on June 17, the Mayor was authorized
to approve an abatement agreement between the City of Allen and Quest Medical, Inc. Prior to this authorization,
Section 17 of the proposed agreement was amended to include only the City Council members. After consultation
with legal representatives for the Allen Economic Development Corporation, it was determined that the language
must be included within the Quest agreement indicating that members of the Allen Planning and Zoning
Commission, as well as the Allen City Council, do not own or lease any of the property in question.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos, the
Council voted six (6) for and none (0) opposed to amend the Quest Medical, Inc. abatement
agreement to comply with state law. Section 17, to read "Allen represents and warrants that the
premises do not include any property that is owned or leased by an individual member of the
Allen City Council or the Allen Planning and Zoning Commission." The motion carried.
Approve an Ordinance Amending the Existing
Franchise Between the City and TU Electric (Agenda Item VIII)
Allen's original franchise agreement with TU Electric was adopted in 1953 and is set to expire in the year
2003. For the privilege of using the easements and right-of-ways in the City, Allen is compensated 3% TU
Electric has indicated willingness to change the franchise agreement to 4% to standardize its agreements for its
users.
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 15, 1993
The substantial changes include:
PAGE 5
A change in the gross receipts payments to be increased from 3% to 4%
A one-time payment to the City in an amount equal to approximately 1 % of the franchise fee
A floor of $4 million before TU Electric Company will reimburse the City for any rate case
expenses we might incur on future rate cases
Speaks to the continuation of reimbursing rate case expenses to the City, at least for pending rate
cases
Ordinance No, 1190-7-93: An Ordinance of the City
of Allen, Collin County, Texas, Amending the
Existing Franchise Between the City or Allen and
Texas Utilities Electric Company to Provide for a
Different Franchise Fee; Providing an Effective Date;
Providing for Acceptance by Texas Utilities Electric
Company; Finding and Determining that the Meeting
at which this Ordinance is Passed is Open to the
Public as Required by Law; and Declaring an
Emergency.
MOTION: Upon a motion made by Councilmember Chnstakos and seconded by Councilmember Bishop,
the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1190-7-93 as
previously captioned according to Staff recommendation. The motion carried.
Other Business
Calendar
(Agenda Item IX)
(Agenda Item IX -A)
August 5 Council photograph 6:00 p.m.
August 13,
14 & 15 Budget Retreat — Texoma Lodge
Review Schedule for Drainage Utility District (Agenda Item IX -B)
An Ordinance has been established by the Allen City Council establishing a Drainage Utility District.
However, no fee has been set at this time and cannot be set prior to a public hearing.
George Conner, Civil Engineer, distributed possible rate calculations for the Drainage Utility District.
Preliminary budgeting figures show the department budget would approximately be $277,000. This budget is
very capital intensive for the first year due to major purchases. The Development Subcommittee will be
reviewing the rate calculations and come back with a plan and a recommendation for the entire Council. 11 was
suggested that a five-year plan be set up for the budget in order to more specifically calculate the annual revenues
and expenditures. The Council plans on being fair in the method by which the rate is calculated with an
explanation to the citizens as to why we are doing this as well as exactly what we are planning to do. Preliminary
ALLEN CITY COUNCIL
a REGULAR SESSION
JULY 15, 1993
PAGE 6
calculations might indicate a $25 cap with a $3 rate. It was suggested, however, that a business might be allowed
to show reasons why he may not need to pay a business rate due to a low percentage of impervious materials on
his property
Items of Interest
There were no items of interest.
Executive Session
(Agenda Item IX -C)
(Agenda Item X)
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 8:30 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 10:00 p.m.
Reconvene (Agenda Item XI)
The Allen City Council reconvened into regular session at 10:01 p.m. on Thursday, July 15, 1993, in
the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during
Executive Session.
Adjourn
(Agenda Item XII)
MOTION: Upon a motion made by Councilmember Hamner and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 10:02 p.m., on Thursday, July 15, 1993. The motion carried.
These minutes approved on the 5th day of Aueust, 1993.
APPROVED:
��
foe Farmer, MAYOR
ATTEST:
/1J1'l/{'-/t011Yl-
dy rrison, CMC, CITY SECRETARY