Min - City Council - 1993 - 10/07 - RegularALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1993
Present:
Joe Famrer, Mayor
Councilmembers:
Kevin Lilly, Mayor Pro Tem
Mickey Christakos
David Bishop
Mike Nichols
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 6:33 p.m. on Thursday, October 7, 1993, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Oven Council Discussion (Agenda Item II)
The City Manager informed the Council of items of interest in the Route File including further
information pertinent to an inquiry by April Alston regarding playability at the Ford Park soccer fields. On
October 10, a Barney episode will be filmed in the Allen Public Library to be made available free of charge to
all public libraries and others will be available for purchase. Planning and Zoning Commission will respond to
a request from Tommy Thompson regarding a sidewalk variance request on Allentown Parkway Meetings have
been scheduled with all employees regarding changes in the city's health insurance benefits. An addendum to
the Boards and Commissions handbook will be distributed to the Council in the near future.
The City Manager reviewed with the Council the present locations of various parks in the City of Allen
including Cottonwood Creek Greenbelt, St. Mary's Park, McDermott soccer fields, Ford Park, Shadow Lakes,
and Bethany Lakes as possible site locations for the recreation center. The City Manager distributed site selection
criteria that has been developed which includes size of property, ingress/egress, suitability, safety, impact, site
development costs, shape of property, physical attributes, design opportunities, property costs, accessibility, and
visibility
ALLEN CITY COUNCIL
WORKSHOP SESSION
OCTOBER 7, 1993 PAGE 2
Discussion was held regarding the concept of this site being one center which will be expanded upon in
the future or if the City of Allen intends to have various recreation sites in the future. Services Subcommittee
requested direction regarding the site itself, the type of facility, and coinciding these issues with the amount of
funds available. It was suggested that St. Mary's site be considered due to the availability of possible grant funds.
It was concluded that an issue of funding needed to be added to the site selection criteria.
Council requested an opportunity to respond to the Services Subcommittee in some fashion to the relative
weight that is given to each criteria category The Council will also decide whether the future dictates one site
or multiple sites for such a complex in the City of Allen at build -out.
Information was distributed to the Council regarding BFI collection for solid waste and recycling. A final
decision needs to be made regarding the options available to the City
Discussion of Consent Agenda
and Regular Agenda Items (Agenda Item III)
There was no discussion regarding the Consent Agenda and Regular Agenda items.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:28 p.m. on Thursday, October 7, 1993.
REGULAR SESSION - 7:30 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Farmer at 7:32 p.m. on Thursday, October 7, 1993 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle. Allen, Texas.
CONSENT AGENDA (Agenda Item IV)
Councdmember Christakos requested that Item G, Authorize the City Manager to Execute an Interlocal
Agreement with the Dallas Regional Mobility Coalition Regarding Transportation Planning and Services, be
removed from the Consent Agenda.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on
the Consent Agenda as recommended and as follows:
A. Approve Minutes of September 16, 1993, Regular Meeting.
B. Approve Minutes of September 22, 1993, Workshop on Cable Television Franchising.
C. Approve Minutes of September 23, 1993, Workshop of Council of the Whole (C.O. W.).
D. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
'{ as follows:
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 7, 1993 PAGE 3
City of Plano $ 728.00
For: Support Documentation Manuals and Electronic
Notification Software
Interest Famed Bond Funds
Period: April - September 1993
2. Hunter & Associates, Inc. $ 5,550.00
For: Professional Services for Paving and Drainage
Improvement for Allen Heights Drive, from
Park Place to Bethany Road
1985 Street Bond Funds
Period: Thru August 31, 1993
E. Tax Report.
Approve a Resolution Designating the Allen American as the Official Newspaper for the
City of Allen.
Resolution No. 1202-10-93(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Designating the Allen American the Official Newspaper of the
City of Allen, Collin County, Texas for FY 1993-1994.
H. Consider Ordinance Amending Speed Zone on Certain Sections of SH5.
Ordinance No. 1204-10-93: An Ordinance of the City of Allen, Texas, Amending
Section 1-40 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as Previously
Amended by Ordinance Nos. 309,482-12-83, 724-8-86, 859-6-88, 962-12-89, 1014-1-91,
1053-10-91 and 1177-5-93, and Chapter 9, "Motor Vehicles and Traffic," Article V,
"Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135 of the Allen
Code of Ordinances; Altering the Prima Facie Speed Limits Established for Vehicles
Under the Provisions of Section 169(6) of Article 6701d, Vernon's Texas Civil Statutes,
Upon State Highway 5, or Parts Thereof, Within the Corporate Limits of the City of
Allen, as Set Out in this Ordinance; and Providing Penalty Clauses, Severability Clauses
and an Effective Date.
The motion carried.
Discussion was held regarding the discrepancies and fees for the Dallas Regional Mobility Coalition
Membership. The City Manager requested that the resolution reflect the Mayor's signature on the document.
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ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 7, 1993 PAGE 4
Resolution No. 1203-10.93(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Authorizing the Mayor to Execute an
Interlocal Agreement with the Dallas Regional
Mobility Coalition.
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols,
the Council voted seven (7) for and none (0) opposed to authorize the Mayor to execute the
Interlocal Agreement and approve Resolution No. 1203-10-93(R) as previously captioned. The
motion carried.
End of Consent Agenda
Council Committee Reports
Development:
Upcoming meeting to discuss CIP process and developments
Services:
Community/recreation center
Solid waste contract
Finance/Administration:
Board appreciation dinner — December 21 — EI Dorado Country Club
Employee pay plan
Mayor's:
State of the City address — October 19 — Chamber of Commerce
Municipal Messenger — final copy to citizens November 20
Boards and Commission review regarding rules, practices and procedures
Citizen's Comments
There were no citizen's comments.
(Agenda Item V)
(Agenda Item VI)
Oaths -of -Office and Certificates -of -Appointment to Newly
Aouointed and Reappointed Members of Various City Boards (Agenda Item VII)
City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed and
reappointed members of the Parks and Recreation Board, Board of Adjustment, Sign Control Board and Economic
Development Corporation Board. Mayor Farmer presented Certificates -of -Appointment to the newly appointed
and reappointed members.
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ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 7, 1993 PAGE 5
Expiration
Parks and Recreation Board
Place No. 2
James Waldbauer
9/30/95
Place No. 4
Frank Maitland
9/30/95
Place No. 6
Lonnie Thomas
9/30/95
Place No. 7
Leah Magruder
9/30/94
Board of Adjustment
Place No. 1
*Galen Clay
9/30/95
Place No. 3
*Bill Roberge
9/30/95
Place No. 5
Philip Rich
9/30/95
Sim Control Board
Place No. 1
Terri Perry
9/30/95
Place No. 3
Joe Chenoweth
9/30/95
Place No. 5
*Barton Black
9/30/95
Economic Development Corporation Board
Place No. 3
E. T. Boon
9/30/96
*Galen Clay, Place No. 1, Board of Adjustment, Bill Roberge, Place No. 3, Board of Adjustment and
Barton Black, Place No. 5, Sign Control Board, were not present but will be receiving their Oaths -of -Office and
Certificates -of -Appointment at another time.
Present Plaques -of -Appreciation to
Outeoine Members of Various City Boards (Agenda Item VIII)
Mayor Fanner presented plaques -of -appreciation to the following individuals for their service on various
city boards.
Tom Clark, Place No. 7
Parks and Recreation Board
September 1987 - September 1993
Ed Terrell, Place No. 5
Board of Adjustment
September 1989 - September 1993
Randall Leverett, Place No. 3
Sign Control Board
September 1987 - September 1993
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 7, 1993 PAGE 6
George Smyser was not present to receive his plaque -of -appreciation, however, the plaque would be
mailed to him.
George Smyser, Place No. 5
Sign Control Board
September 1990 - September 1993
Public Hearing on the Proposed Property Maintenance
Code and Consider an Ordinance Imolementine the Code (Agenda Item IIt)
Mayor Farmer read the request into the record as follows:
"Public Hearing on the Proposed Property Maintenance Code and Consider an Ordinance
Implementing the Code."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time
Ben Ferguson, 707 Sunny Slope, spoke before the Council in favor of the proposed Property Maintenance
Code. Mr. Ferguson offered various wording considerations and asked Council to reconsider stipulations for side
rj yard restrictions to include prepared surfacing.
Jana Bouse, 813 Valley View, spoke in favor of the proposition and shared information with various cities
with the Council.
Marie B. Rosenbaum, 717 Pulitzer Lane, spoke in favor of the proposition and asked consideration be
given to ground cover requirements in the backyards along with additional input regarding storm drains.
Robert Butcher, 926 Rivercrest, spoke in opposition to the proposition indicating he felt it was wordy,
ambiguous and very 'open-ended." He indicated it imposed someone else's standards on the population and
would significantly impact the poor and incapable. Mr. Butcher reviewed various wording changes and
implications with the Council.
Janice Stanton, 906 Grassy Glen, spoke to favor of the proposition indicating that irregardless of the size
of one's home, we need to instill pride in home ownership in the City of Allen. Ms. Stanton felt that a grace
period ought to be given and that those who are financially disabled might receive funds in order to aid and assist
in bringing their properties up to code.
Sotoria Montanari, 211 Sycamore Creek, spoke in favor of the proposition and indicated that the Allen
Environmental Action League will try to help increase community awareness of this item.
Jennifer Diggs, 568 Rtdgemont, spoke in favor of the proposition.
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 7, 1993 PAGE 7
Catherine Habib, 1408 Country Lane, spoke in favor of the proposition but indicated that a recycling
center for paints needed to be considered, covers for drains, compost piles, a grace period allowed and an in-
depth community education program be considered by the Council.
Debbie Wilson, 136 West Way, spoke in favor of the proposition and discussed questions regarding
parking in the side yard before the Council
Milton Herron, 553 Fisher Drive, and Robert E. Brownfield, 1514 Sunflower, did not speak before the
Council. However, they indicated their support of the proposition through the public meeting appearance card.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing.
Council took a brief recess.
Bill Petty, Director of Community Development, spoke before the Council and addressed various issues
brought to the Council's attention during the public hearing. Council discussed the various issues to determine
possible solutions.
The Development Subcommittee indicated that this Property Maintenance Code has been under advisement
for a considerable length of time. The Development Subcommittee has participated in an in-depth study from
various surrounding communities regarding the subject. City Staff completed routine inspections or received
1,768 complaints during the year 1992 that are directly addressed by this ordinance. Two workshops have been
held, input from citizens has been solicited through CRY meetings, and it was the desire of the Development
Subcommittee to solicit additional input at tonight's public meeting. The purpose of this code is to provide
minimum standards and regulations to help safeguard and preserve life or limb, property, and public welfare by
regulating the use, occupancy and maintenance of all structures, buildings and properties within the City We
need to unite to protect the entire City, especially the east side as west side development begins. It is also
important to enhance our property since a direct correlation can be made between deteriorating properties and
crime.
Ordinance No. 120510-93: An Ordinance of the City
of Allen, Collin County, Texas, Establishing
Minimum Standards and Regulations for the Use,
Occupancy and Maintenance of AB Structures,
Buildings and Property within the City; Providing for
Responsibility for Maintenance; Establishing
Enforcement Procedures; Providing for Notice of
Violation and Abatement of Nuisances; Providing for
Appeals; Providing for Recovery of Costs; Providing
for a Penalty of Fine Not to Exceed the Sum of Two
Thousand ($2,000.00) Dollars for Each Offense; and
Declaring an Emergency and Providing for an
�n Effective Date of November 17, 1993.•(See
Amendment)
ALLEN CITY COUNCIL
REGULAR SESSION
a OCTOBER 7, 1993 PAGE 8
MOTION: A motion was made by Councilmember Hamner and seconded by Mayor Pro Tem Lilly to
approve Ordinance No. 1205-10-93 as previously captioned. No vote was taken on this motion.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the
Council voted seven (7) for and none (0) opposed to approve an amendment to Ordinance No.
1205-10-93, Section 11. DECLARING AN EMERGENCY — to include "that this Ordinance
shall take effect 30 days from and after the passage and publication of the caption of said
ordinance as the law in such cases provides." The motion carried.*
MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to approve an amendment to Ordinance No.
1205-10-93, Section 5: EXTERIOR GROUNDS, Item T PARKING ON UNIMPROVED
SURFACES; Number 1 — to include "boats and recreational vehicles" in the first sentence and
add a sentence to read "Boats and recreational vehicles may be stored in a side yard either with
screening or on an improved surface." The motion carried.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to amend the previous motion to include "rear
yard" and to read "Boats and recreational vehicles may be stored in a side or rear yard either
with screening or on an improved surface." The motion carried.
MOTION: As previously moved, upon a motion made by Councilmember Hamner and seconded by Mayor
Pro Tem Lilly, the Council voted seven (7) for and none (0) opposed to approve Ordinance No.
1205-10-93 as previously captioned with the amendments to Section 11 and Section 5. The
motion carried.
Council took a brief recess.
Consider Nominations and Selection for the Central
Appraisal District of Collin County Board of Directors (Agenda Item X)
Each taxing jurisdiction of the Central Appraisal District is awarded a number of votes for the election
of a Board of Directors. The City of Allen has 92 votes and the Allen Independent School District has 207 votes.
The votes are awarded based on the jurisdiction's tax levy as a percentage of the total tax levied for all
jurisdictions in the county All Board members are elected every two years.
Resolution No. 1206-10.93(8): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Placing in Nomination Donald P. Rodenbaugh
of 609 Bush Drive, Allen, Texas for a Position on the
Board of Directors of the Central Appraisal District
of Collin County, Texas.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the
Council voted seven (7) for and none (0) opposed to approve Resolution No. 1206-10-93(R) as
previously captioned. The motion carried.
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ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 7, 1993 PAGE 9
Resolution No. 1207-10-93(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Casting Ballots for the Board of Directors for
the Central Appraisal District of Collin County in
Accordance with Section 6.03(8) of the State Property
Tax Code, and Directing that the City Secretary
Notify Interested Parties of Said Action.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to approve Resolution No. 1207-10-93(R) as
previously captioned. The motion carried.
Other Business (Agenda Item ICI)
Municipal Messenger Schedule (Agenda Item XI -A)
City Secretary Judy Morrison reviewed the Municipal Messenger schedule and solicited additional input
for possible topics. She suggested the Mayor consider an article regarding the State of the City If the new
library hours are ready to put into place, this topic will also be addressed in the upcoming Municipal Messenger.
Calendar (Agenda Item XI -B)
October 12 Chamber Golf Tournament
October 14 Arvida Announcement
October 19 State of the City by the Mayor
November 3-5 TML
November 30 AISD Joint Meeting
December 21 Board Appreciation Dinner
Items of Interest (Agenda Item XI -C)
Mark Hutchison with the Allen American has been transferred to Carrollton and Karen Britton will be
covering City business, moving to Allen from the Plano office. The Mayor complimented Mark on his coverage
for the past several years and indicated that we would miss him at the City
Development Subcommittee would like to set a date for the CIP process with the Mayor's
Subcommittee in the near future.
ALLEN CITY COUNCIL
!� REGULAR SESSION
® OCTOBER 7, 1993
Executive Session
PAGE 10
(Agenda Item XII)
In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(r), the Allen City
Council convened into Executive Session at 11:57 p.m. in the Conference Room of the Allen Municipal Amex,
One Butler Circle, Allen, Texas in order to discuss matters pertaining to Economic Development Land and
Incentive Issues.
The Executive Session was adjourned at 1.30 a.m.
Reconvene
(Agenda Item XQI)
The Allen City Council reconvened into regular session at 1.31 a.m. on Friday, October 8, 1993, in the
Council Chambers of the Allen Municipal Amex. There was no action taken on items discussed during Executive
Session.
Adioum
(Agenda Item XIV)
MOTION: Upon a motion made by Councilmember Bishop 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 1.32 a.m., on Friday, October 8, 1993. The motion carried.
These minutes approved on the 21st day of October , 1993.
ATTEST:
Cly Mo on, CMC, CITY SECRETARY
A
APPROVED:
,4(/V`�
Joe Farmer, MAYOR