Min - City Council - 1993 - 12/02 - RegularALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 2, 1993
Present:
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly, Mayor Pro Tem
Mickey Christakos
David Bishop (absent)
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 6:26 p.m. on Thursday, December 2, 1993, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Open CoancB Discussion
(Agenda Item ID
John Rapier, attorney, requested to appear before the Council for a presentation of estate dispersion
relative to the library, the Parks and Recreation Department and the animal shelter. This is the first part of the
dispersion with anadditional dispersion to take place to benefit the paramedic program. The City Manager was
requested to contact Mr. Rapier for the exact wording to be placed on the next agenda.
Discussion was held regarding information received from Glen Shake, 1002 Hopkins Drive, Allen, Texas,
who expressed discontent with TCl Cable's practices and services. Copies of the information was distributed to
the entire Council and by indication Mr. Shake will be present for tonight's meeting.
Mr. Terry Haines met with the Development Subcommittee m a representative for various property
owners in Allen. Items of discussion may require future workshops with the Council to determine thoroughfare
priorities in the City Mr. Haines was especially interested in Exchange west of US 75. He requested Council
to approach North Central Texas Council of Government for ISTEA funds to speed up Exchange thoroughfare
ALLEN CITY COUNCIL
WORKSHOP SESSION
DECEMBER 2, 1993 PAGE 2
improvements. He was confident that the right-of-way would be dedicated for the necessary improvements. Mr.
Haines was informed that FM 2170 West is also a very important roadway for the development of Allen Neither
Exchange nor FM 2170 West are included in the present ISTEA funding because West Allen had not been
included in the funding area up to this point. However, the most recent information does include the west side
of Allen and it would be an appropriate time to consider our western thoroughfares. A future county bond
program might be put before the voters and that may give FM 2170 West significant priority It was felt that
the new funding for the western side would not jeopardize the funding that is already in place for various eastern
roadways in the City of Allen
It was reported that the North Texas Municipal Water District notified the City of a $21,000 rebate in
the form of credit for next year due to programs established including the infiltration and recycling programs.
The Council was notified of the Leadership Allen class agenda on city government to held on December
10, 1993 at City Hall. Those Councilmembers who might be available were asked to participate in a portion of
the day with regards to roles and responsibilities of Councilmembers, campaign management, and subcommittee
format and current issues.
Discussion of Consent Agenda
and Reindar Aeenda Items (Agenda Item 111)
Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding the
additional funding for the City's participation and the right-of-way of acquisition for US 75 improvements. If
the City of Allen desires state highway assistance for the construction of US 75, they will be expected to
contribute the additional monies needed for the right-of-way
Discussion was held regarding Agenda Item VI, Citizen's Comments. Glen Shake will be present during
the Citizen's Comments.
Discussion was held regarding Agenda Item VII, Tabled Item: Consider Approving a Letter of Intent
Regarding Street and Utility Improvement Related to Proposed Medical Facilities A great deal of discussion was
held regarding the updated Letter of Intent between the City of Allen and Drake Development Company IV and
Allen Central Joint Venture. Council felt that many of the specifics were not dealt with properly and there
seemed to be a concern about the actual development of the property It was felt the Letter of Intent could be
replaced by a Facilities Agreement that would handle the issues at hand, being the roadway and placement of the
water line.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:30 p.m. on Thursday, December 2, 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 7:37 p.m. on Thursday, December 2, 1993 in the Council Chambers of the
Allen Municipal Annex, One Butler Circle, Allen, Texas.
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 2, 1993 PAGE 3
CONSENT AGENDA (Agenda Item IV)
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols,
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. Approve Minutes of November 18, 1993, Regular Meeting.
B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1.
SVA Concrete Co., Inc.
$ 5,344.80
For: Country Meadows Park
Upgrades (retainage)
1985 Park Bond Funds
Period: November 1993
2.
SVA Concrete Co., Inc.
$39,815.20
For. Country Meadows Park Upgrades
1985 Park Bond Funds
["
Period: November 1993
3.
Lofland Steel
$ 1,275.52
For: Railroad Crossings
1985 Street Bond Funds
Period: November 1993
4.
Sargent Sowell Co.
$ 271.81
For: Railroad Crossing
1985 Street Bond Funds
Period: November 1993
5.
Industrial International, Inc.
$ 747.39
For: FM 2170 Utility Relocation
Water and Sewer Bonds
Period: October 1993
6.
Gohmann Asphalt
$ 189.65
For: Railroad Crossing
1985 Street Bond Funds
Period: November 1993
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Hunter Associates, Inc.
$ 1,178.88
For: Allen Heights Drive
}
1985 Street Bonds
Period: November 1993
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 2, 1993 PAGE 4
C. Authorize Additional Funding for City's Participation in the Right -of -Way Acquisition
for US 75 Improvements.
D. Set January 6, 1994, as a Public Hearing Date to Consider Adoption of a New
Subdivision Ordinance.
The motion carried.
End of Consent Aeenda
Council Committee Reports (Agenda Item V)
Development:
Meeting December 8 to discuss thoroughfare plan and drainage projects
Services:
Meeting December 3 to discuss BFI and Recreation Center
Finance/Administration:
Meeting December 7 to discuss the cable TV franchise
Mayor's:
Reviewed the regular and joint agendas and discussed the Boards and Commission plan and
process review
TU Electric discussions
Citizen's Comments (Agenda Item VI)
Glen Shake, 1002 Hopkins Drive, Allen, Texas, spoke before the Council regarding TCI Cablevision.
Mr. Shake requested the support of the Council for a survey of Allen Cablevision customers, and the support for
a complaint with the Attorney General or Collin County District Attorney for an investigation into the fraud,
deception and public interest violations that TCI participates in as a matter of everyday business. Mr. Shake
presented information to be used by the Finance/Administration Subcommittee in their discussions with the
attorneys dealing with TCI Cablevision.
Rod Part, 914 Wandering Way, spoke before the Council regarding the use of vehicles for personal use,
storm drain stop -ups, property enhancements along Allen Heights, traffic congestion adjacent to the high school
and the need for a red light at Allen Drive to assist fire truck access. The City Manager will investigate the
vehicle use complaint.
Terry Haines, representing Briar Ridge Investments and Arvida, presented the Council and Staff two
framed copies of the City's master plan.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 2, 1993 PAGE 5
Tabled Item: Consider Approving a Letter
of Intent Regarding Street and Utility
Improvement Related to Proposed Medical Facilities (Agenda Item VII)
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 remove Agenda Item VII, Consider Approving
a Letter of Intent Regarding Street and Utility Improvement Related to Proposed Medical
Facilities from the table. The motion carried.
David Pitstick, Economic Development Director, spoke before the Council regarding the Epic request
for the City to assist with the cost of infrastructure to support medical facilities at the northwest corner of Bethany
Road and Central Expressway
Council related several concerns about the most recent Letter of Intent including the December 1996
completion date of the facility, vague language throughout, the waving of impact fees, rezoning issue, tax
abatement, nonspecifics, and various other 'loose" language statements.
Francis Sapienza, Head of Design for Epic Corporation, discussed other possibilities with the Council
including the use of a Facilities Agreement rather than the Letter of Intent. Because of the time frame involved
between both parties, a Letter of Intent was used as the vehicle rather than a contract to speed up the process.
However, a Facilities Agreement is agreeable with both parties. Since Epic Corporation is not in the real estate
business, it is imperative that the medical facility be built and completed as soon as possible because the capital
investment turns a profit when medical services are provided. It is anticipated that Phase I of the project would
be the medical office building, Phase 11 would include the physical rehab outpatient service building and Phase
III would consist of a Women's Center which the City could support at that time. Negotiations are taking place
at the present time with TU Electric regarding the moving of utility lines. This process would take over a year
to complete and therefore, is imperative to come to an agreement as soon as possible.
MOTION: A motion was made by Mayor Pro Tem Lilly and seconded by Councilmember Hamner to
authorize the City Manager to enter into a Facilities Agreement with Allen Central Joint Venture
for roadway construction on site including the construction of two lanes of Bethany Road to the
western boundary of the 55 -acre hospital site (US 75 to Warren; Road) and for the City of Allen
to provide a 12 -inch water line from along US 75 frontage road to the southeast corner of the
property at an estimated cost of $111,000 and for the City to construct an 18 -inch water line
westward under US 75 to the southeast comer of the property at an estimated cost of $83,000
with the trigger point being the request from the owners of the 55 -acre hospital site for a building
permit no later than February 1, 1996 for a minimum 60,000 square foot high-quality medical
facility
Philip Wiggins, Allen Central Joint Venture representative, expressed to the Council his concerns
regarding the discussion that Epic provide construction of Bethany Road from US 75 to Watters Creek. The
partnership indicated that a second Facilities Agreement might deal with the development of property and the
funding mechanism for the completion for the rest of the roadway beyond the 55 -acre medical site. No vote was
taken on this motion.
Council took a brief recess.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 2, 1993
PAGE 6
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Christakos,
the Council voted six (6) for and none (0) opposed to amend the main motion stating that at the
time Allen Joint Venture plats a cumulative of five (5) acres of the balance of the 155 -acre plot
of land (minus the 55 -acre medical site), two lanes of Bethany Road would be completed from
Watters Road to Watters Creek. The motion carried.
MOTION: As previously moved, 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 approve the main
motion concerning the construction of the 12 -inch and 18 -inch water lines by the City and the
construction of two lanes of Bethany Road from US 75 to the western most boundary of the 55 -
acre hospital site (US 75 to Watters Road) with the amendment concerning the completion of two
Ines of Bethany Road from Watters Road to Watters Creek. The motion carried.
Approve Twin Creeks Golf Layout
to Meet Site Plan Requirements
(Agenda Item VIII)
Bret Johnson provided visual aids depicting the golf course layout for Twin Creeks development. He
reviewed the hike and bike trails and the easement in conjunction with the creek. Mr. Johnson pointed out that
the southern most lake would encroach upon the 150 -foot easement but Twin Creeks would assume all liability
in this encroachment as requested by the City Council. It was agreed upon by the developer that Twin Creeks
retain the liability of the lake by not deeding that portion to the City
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the
Council voted six (6) for and none (0) opposed to approve the site plan final design of the golf
course with the southern lake encroachment to be retained by the developer and the final
designated public access easement will be worked out by the developer with Staff's input
regarding the exact placement of the hike and bike trail. The motion carried.
Consider Proposed Alienment for Exchanee Parkway (Agenda Item IX)
Roy Wilshire, representative of Kimley-Horn Associates, presented three alternates for Exchange Parkway
between US 75 and SH 5. Although "Alternative A" is projected to be $63,000 more than "Alternative B," it
provides a better fit on the property boundaries, the bridge crossing on the east is least costly, the driveability
due to smoother curves is enhanced and the aesthetic view driving through the tree line is enhanced. The major
property owners have already agreed to the right-of-way; however, the "out parcel" owner has not been
contacted. Since this is a state roadway, the state will be responsible for the final construction; however, the state
will consider the City's input on location of the roadway
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 authorize the recommendation of Kimley-Horn
Engineering division Alignment A of Exchange Parkway between US 75 and SH 5. The motion
carried.
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 2, 1993 PAGE 7
Process and Plan Review for Boards and Commissions (Agenda Item X)
A draft plan to review City Boards and Commissions and City Charter information was distributed to the
Councdmembers. Discussion was held regarding the purpose, the organization and the task committee's work
plan as well as the time frame for completion of this project. The purpose of this review is to enhance the
operations of and build consistency among the operations of the City Boards and Commissions. It is the intent
of the Mayor's Subcommittee to implement the revised system by September 1994.
There was no specific action taken on this item
Status Report on Records Mapa¢ement (Agenda Item X)
Judy Morrison, City Secretary, presented a status report on the Records Management Program for the
City of Allen. The Mayor's Subcommittee has reviewed the information manual compiled by the Records
Management Officer and with the support of the City Manager, it is the City's intent to institute the Records
Management Program in the upcoming year. Records control schedules must be submitted to and accepted for
filing by the Texas State Library by January 2, 1995
There was no action taken on this item.
Other Business (Agenda Item XII)
Joint Council AISD Trustees Meeting
(Agenda Item XII -A)
The Development Subcommittee will review the civic plan and how it relates to the CIP program.
Calendar (Agenda Item XII -B)
Finance/Administration Subcommittee will meet December 7 instead of December 21.
Mayor's Subcommittee will meet January 3 rather than December 31.
Central Appraisal District Election Results
(Agenda Item XII -C)
It was noted that Donald P Rodenbaugh received 984 votes and is an official member of the Board of
Directors for the Central Appraisal District for 1994-95.
Items of Interest
There were no items of interest.
(Agenda Item XII -D)
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 2, 1993
Executive Session
PAGE 8
(Agenda Item XIII)
In accordance with The Texas Government Code, Personnel, Section 551.074, the Allen City Council
convened into Executive Session at 10:50 p.m. in the Conference Room of the Allen Mumcipal Annex, One
Butler Circle, Allen, Texas in order to discuss matters pertaining to appointments to the Capital Improvement
Program Steering Committee.
The Executive Session was adjourned at 12:10 a.m.
Reconvene (Agenda Item XIV)
The Allen City Council reconvened into regular session at 12:11 a.m. on Friday, December 3, 1993, in
the Council Chambers of the Allen Municipal Amex.
Atliourn
(Agenda Item XV)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:12 a.m., on Friday, December 3, 1993. The motion carried.
These minutes approved on the 16th day of December, 1993.
APPROVED:
Joe Farmer, MAYOR
ATTEST:
17 -
dyrison, CMC, CITY SECRETARY