Min - City Council - 1994 - 01/20 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 20, 1994
int:
Joe Farmer, Mayor
Com dImemlTCr3:
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 Councdmembers present, dinner and the workshop session of the Allen City
Council was called to order by Mayor Farmer at 6.30 p.m. on Thursday, January 20, 1994, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Oven Council Discussion
(Agenda Item 11)
Discussion was held regarding plans for the AISD elementary school on the west side of Allen The
school is being planned to open in the fall of 1995 and after various discussions and meetings it is appropriate
to say that the City will be able to address the infrastructure necessary for this project.
Discussion of Consent Agenda
and Reaular Agenda Items
(Agenda Item III)
Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda
Item IV, Consent Agenda, Item E, Authorize Execution of a Lease Agreement to Allow Communications Antenna
on Rowlett Tower. This type of lease agreement is a common item for city participation.
Discussion was held regarding Agenda Item V, Council Committee Reports. Council Committee Reports
will be heard during the regular session.
ALLEN CITY COUNCIL
WORKSHOP SESSSION
JANUARY 20, 1994 PAGE 2
Discussion was held regarding Agenda Item VI, Citizen's Comments There will be citizens at the
meeting tonight either for this item or for an item on the agenda. There will also be a presentation to Black Data
Processing Associates for excess training materials.
Discussion was held regarding Agenda Item VII, Tabled Items, Item A, Consider the Planning and Zoning
Commission Recommendations to Adopt a New Subdivision Ordinance. The Subdivision Ordinance will not be
taken off the table.
Discussion was held regarding Agenda Item VIL Tabled Items, Item B, Consider an Ordinance Revising
Services and Rates for Solid Waste Collection and Disposal. A new Ordinance was distributed to Council as a
result of the ad hoc committee's work with BFI
Discussion was held regarding Agenda Item VII, Tabled Items, Item C, Authorize Execution of a Letter
of Intent Regarding Economic Incentives to a Company Considering Relocation to Allen. Item C will not be
taken off the table.
Discussion was held regarding Agenda Item VIII, 1993 Annual Crime Report, Police Chief Richard
Carroll will present the Crime Report for 1993.
Discussion was held regarding Agenda Item IX. Presentation of Bethany Lakes Recreation Facilities
j Schematics. Rhoda Savage, Director of Parks and Recreation, and Ron Robbs, Bethany Lakes Recreation
l Facilities architect, will update the Council on work done thus far on the facilities. Although Council will receive
information regarding dollar amounts, these amounts are only preliminary at this time.
Discussion was held regarding Agenda Item X, Consider Resolution Authorizing Execution of a Contract
for Batting Cages in Ford Park and Initiating Zoning in the Form of a Specific Use Permit. The City Manager
updated the Council with information from the proponents' attorneys who requested that the City Council table
the proposal for two weeks to allow a proposed lease agreement to be finalized and that the Council appoint a
special committee made up of Councdmembers, Park Board members and other City agencies to meet with the
clients for the purpose of concluding the negotiations of the lease agreement.
It was also discussed that the basic philosophical question regarding the use of public land for private
enterprise needs to be addressed and the Council needs to take a really close look at this entire issue,
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:25 p,m. on Thursday, January 20, 1994.
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 7.30 p m, on Thursday, January 20, 1994 in the Council Chambers of the Alien
Municipal Annex, One Butler Circle, Allen, Texas.
ALLEN CITY COUNCIL
REGULAR SESSION
.' JANUARY 20, 1994 PAGE 3
CONSENT AGENDA
(Agenda Item IY)
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols,
the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the
Consent Agenda as recommended and as follows:
A. Approve Minutes of January 6, 1994, Regular Meeting.
B. Approve Minutes of January 10, 1994, City Council, Capital Improvement Program
Steering Committee and Staff Support Minutes.
C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows.
1. Gibson & Associates, Inc
$ 17,850.95
For: Removal & Replacement of Concrete Paving
Bethany Railroad Crossing
1985 Street Bond Funds
Period: Thou January 1994
2. J. C. Evans Construction Co., Inc
$128,449.55
For. Water & Sanitary Sewer Improvements
FM 2170
1985 Water and Sewer Bond Funds
Period Thru Nov 22, 1993
3. J. C. Evans Constructions Co., Inc.
$ 53,503.56
For: Water & Sanitary Sewer Improvements
McDermott/US 75
1985 Water and Sewer Bond Funds
Period, Thin Nov 22, 1993
D Tax report.
E. Authorize Execution of a Lease Agreement to Allow Communications
Antenna on
Rowlett Tower
Council authorized City Manager Jon McCarty to enter into a
lease agreement for an eight foot (8') stick fiberglass antenna on
top of Rowlett water tower with MTEL for a test period of one
year including a revenue stream of $200.00 per month in the
General Fund.
ALLEN CITY COUNCIL
E°! REGULAR SESSION
JANUARY 20, 1994 PAGE 4
F Declare Certain Computer Equipment Excess Equipment and Authorize its Sale.
Council authorizes City Manager Jon McCarty to accept an offer
of $75.00, fair market value, for IBM 3196 terminal which is no
longer used by the City
The motion carried.
End of Consent Agenda
Council Committee Reports (Agenda Item V)
Development:
Review of the 92 -acre site
Dallas Regional Mobility Council new bylaws, meeting on January 27, Exchange Parkway
engineering, and Exchange Parkway overpass
Services:
Solid Waste update
Recreation center update
Upcoming work plan
Finance/Administration:
Meeting is scheduled for January 25 to discuss cable TV
Mayor's:
Representatives from Black Data Processing Associates were presented surplus training materials
of the City that have subsequently been updated and are no longer in use at the City of Allen.
Black Data Processing Associates is active in providing personal computer training to minorities
in the Dallas area.
Citizen's Comments (Agenda Item VI)
Rod Parr, 914 Wandering Way, spoke before the Council regarding various issues
Clean up necessary after sewer stop -up
Trash left in alleyways after BFI pickup
Request for Bethany Road to continue to Lucas
Allen Heights needs to be open for traffic
Police car without "red lights" is an accident waiting to happen
' . Request for "smoke free" city
ALLEN CITY COUNCIL
REGULAR SESSION
1 JANUARY 20, 1994 PAGE 5
Cliff Baldwin, 740 Pulitzer Lane, spoke before the Council regarding the trash cans being strewn down
the alleyway and the degrading level of service provided by BFI.
Dennis Hobbs, 743 Monticello Circle, ,spoke before the Council regarding the trash in the alleyways.
Charles Scott, 711 Victorian Drive, spoke before the Council regarding the trash in the alleyways and
the cans not being placed back appropriately
Tabled Items (Agenda Item VII)
Consider the Planning and Zoning Commission
Recommendations to Adopt a New Subdivision Ordinance (Agenda Item VII -A)
This item was not removed from the table.
Consider an Ordinance Revising Services and
Rates for Solid Waste Collection and Disposal (Agenda Item VII -B)
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the
Council voted seven (7) for and none (0) opposed to remove Agenda Item VII -B, Consider an
Ordinance Revising Services and Rates for Solid Waste Collection and Disposal from the table.
The motion carried.
Michael Stanger, Assistant to the City Manager, reviewed the proceedings of the ad hoc committee which
consisted of Mayor Pro Tem Lilly, Comwilmember Bishop and Councilmember Nichols to deal with the solid
waste issue. Mr. Stanger also reviewed Allen's land fill history and the goal set by the state legislature to reduce
the waste stream by 407 by 1994. He discussed the grass and leaf ban and the accommodations made for those
individuals who desire grass and leaf pickup. He also discussed the new automated poly -cart and the poly -cart
replacement cost. Bulky items will be picked up once a month to include five items plus five bundles of tree
trimmings if necessary
Randi Smith, Marketing Manager for BFI, indicated that BFI was committed to work in this partnership
with the City of Allen and is excited about the automated system pickup and the new structure of the solid waste
contract
John Cahill, 633 Valley View Drive, requested that educational materials be provided regarding the
location of the poly -cart so as not to block the alleyway and those with the front yard pickup to restrict the length
of tune the cart is in the front yard.
Julie Hoole, 770 Monticello Circle- requested more information on additional recycling plans for the
future.
Lorin Gilbert, 110 Ashwood Drive, expressed concerns regarding the S50 replacement fee for the poly -
cart, the ban on grass clippings and the limit on bulky item pickup.
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 20, 1994
PAGE 6
Lynne Hogan, 757 Monticello Circle, requested information regarding recycling cardboard or having a
"cardboard" drop-off site for recycling.
Ordinance No. 1216-1.94: An Ordinance of the City
Council of the City of Allen, Collin County, Texas,
Providing for the Use of Reusable Poly -Carts for
Weekly Garbage Conection; Providing for Monthly
Bulky Wastes Collection; Providing for Penalties and
Water Discontinuation for Nonpayment of Garbage
and Recycling Fees; Prohibiting the Commingling of
Grass Clippings and Leaves with Garbage; Providing
for a Separate Collection Service for Grass Clippings
and Leaves; Providing a Fee Schedule for a0
Residential and Commercial Garbage, Recycling and
Related Services; Providing a Repealing Clause,
Providing a Severability Clause; and Providing for an
Effective Date.
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 approve Ordinance No. 1216-1-94 as
previously captioned. The motion carried.
Council took a brief recess.
Authorize Execution of a Letter of Intent
Regarding Economic Incentives to a Company
Considering Relocation to Allen (Agenda Item VII -C)
This item was not removed from the table.
1993 Annual Crime Report
(Agenda Item VIII)
Police Chief Richard Carroll presented a bright annual crime report to the Council and the audience.
After a 27% reduction in index crime last year, once again, there is a reduction in index crime for 1993 This
is a strong indicator that the quality of life in Allen is very good. Increased crime prevention efforts by citimns
has contributed to the majority of the reductions. Crime awareness in America is at its highest 'level. The City
of Allen is one of the lowest cities in the Metroplex with regard to index crime Chief Carroll reviewed the calls
for service, index crones, comparison of index crimes, administrative data, C.I.D cases filed, and C.LD
activity
The Council and the City Manager congratulated the Police Department for the fine work they have done
in continuing to report one of the lowest crime rates in the state of Texas.
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 20, 1994
Presentation of Bethany Lakes
Recreation Facilities Schematics
PAGE 7
(Agenda Item IX)
Rhoda Savage, Director of Parks and Recreation, introduced architect Ron Hobbs to present the Bethany
Lakes Recreation Facilities schematics. Mr. Hobbs reviewed the pavilion which takes advantage of the beautiful
setting to view the lake and trees. A west and south seven foot (T) wall with additional windows near the top,
restroom, and north and east sliding glass walls overlooking the lake with decking that hovers over the water's
edge will provide a beautiful setting for its use. The budget for this pavilion was set at $200,000 and the estimate
for this pavilion is $184,000. Mr. Hobbs also reviewed the recreational facility with an upper level to include
meeting rooms for passive activities, a jogging track, restrooms and racquetball courts. The lower level would
include an exercise room to provide for dance classes, aerobics, etc , youth area for games, basketball courts,
locker rooms and a future stage area.
Rhoda Savage indicated that Council would be updated with a display model and "fine tuned" numbers
on both facilities prior to requesting bid documents in March.
This was an information item only There was no action taken on this item.
Consider Resolution Authorizing Execution
of a Contract for Batting Cages in Ford Park and
Initiating Zoning in the Form of a Specific Use Permit(Agenda Item X)
Although the requestor has asked this item be tabled, the Council will hear from the citizens present this
evening regarding their concerns and may give specific assignments to Staff and legal counsel as well as set up
an ad hoc committee consisting of Staff, Parks and Recreation Board members and a subset of the Council to
allow direct participation in open dialogue with the proponents
Rhoda Savage, Director of Parks and Recreation, reviewed the request of Unique Concepts in Batting
Cages (UCBC) to develop a privately owned and operated batting cage facility in a public park. Ms. Savage
indicated Council had requested further study from the Parks and Recreation Board and requested a formal
recommendation from the Board. Council had also directed Staff to further negotiate the contract and research
applicable zoning requirements and conditions. It is the request of the City Attorney that Unique Concept's
attorney meet with him in hopes of 'ironing out" the ideas of concern and presenting the City with a greatly
abbreviated version of the form of the lease. The Parks and Recreation Board met immediately prior to the City
Council meeting to provide Council with a recommendation front the Park Board.
Chris Bedenbaugh, 412 Pulitzer Lane, spoke in opposition to the request. She presented Council with
a petition with over 200 signatures in opposition to this request and feels like the park area should not be rezoned
for commercial use. it is not aesthetically pleasing. It does not have adequate parking and an arcade is not in
the best interest of the citizens of Allen. Ms. Bedenbaugh offered neighborhood assistance in procuring
scoreboards for the park if the City felt it was necessary
A
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 20, 1994 PAGE 8
John Cahill, 633 Valley View Drive, spoke before the Council and indicated that he felt that the City did
need batting cages. However, he has reviewed the entire concept of batting cages and has done research on area
cages He feels we should not "farm out" the concept to a private enterprise but if the City feels it is a good
idea, the City should run the cages. If the City cannot do it at this time, the kids should go to neighboring batting
cages.
Dennis Hobbs, 743 Monticello Circle, raised concern about the young neighborhood who would be
expected to deal with the teenage element in the park. The public parks have no use for commercial
establishments.
Clifford Baldwin, 749 Pulitzer Lane, felt a commercial enterprise is not needed in a public park and urged
that the City consider businesses like this in a commercial area.
Scott Hill, 707 Victorian Drive, indicated that traffic is already a problem in this area and due to illegal
parking on the streets, emergency vehicles are hampered. Commercial activity would increase the possible
accosting of small children for money
Charles Scott, 711 Victorian Drive, felt that it was a terrible idea, a dangerous thing to do and parking
is a real problem
Regina Lingenfelter, 7 Victorian Circle, indicated parking is a hazard and trash from those using the park
i would be increased.
Sheree Claxton, 722 Pulitzer Lane, spoke in opposition to the request and would like to keep the park
a safe place for citizens to frequent
Jenny Ridnour, 723 Victorian Drive, spoke in opposition to the request and would like for the park to
remain a peaceful area for area citizens to enjoy
Jeff Bradley, 6 Harper Drive, spoke in opposition of the request.
Michael Lloyd, 777 Rockefeller Lane, indicated that other commercial areas would be a more appropriate
and suitable spot for commercial enterprise such as being presented.
Robert Lingenfelter, 7 Victorian Circle, indicated parents and children feel safe now and we need to
continue to protect that safe atmosphere.
The following completed Public Meeting Appearance Cards in opposition to the concept of the batting
cages on public property but did not speak before the Council.
Todd Schmidt, 30 Harper Drive; Sherrie Fletcher, 201 Wildwood; Frank McSwain, 704 Hill Haven;
Lorraine McSwain, 704 Hill Haven; Barry Massey, 724 Pulitzer; Pucklitsch, 777 Rockefeller, Jack, Gina and
Matt Mitchell, 20 Heritage Way; Connie Scott, 711 Victorian Drive; Beverly McMahon, 727 Victorian Drive;
Reed Bennett, 747 Whitman Drive; Connie Schofield, 3505 Bonniebrook Drive, Plano, TX, Michelle Crawford,
710 Pulitzer; Sue and Jeff Kacines, 743 Whitman Drive, Anonymous.
ALLEN CITY COUNCIL
REGULAR SESSION
} JANUARY 20, 1994
I
PAGE 9
Council felt that before a great deal of legal expense is used on this issue, an ad hoc committee might
work through the situation. Council instructed that the City Manager take a look at the legal ramifications of
the problem and that an ad hoc committee be set up consisting of Finance/Administration Subcommittee, two
members of the Park Board to be appointed by the Park Board Chairman and two homeowners or representatives
of homeowners, along with the petitioners meet to review the entire issue including possible alternate sites.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the
Council voted six (6) for and one (1) opposed with Councilmember Hamner casting the negative
vote to table Agenda Item X, Consider Resolution Authorizing Execution of a Contract for
Batting Cages in Ford Park and Initiating Zoning in the Form of a Specific Use Permit and to
set up the aforementioned committees to review the batting cage concept. The motion carried.
Council took a brief recess.
Consider Calendar and Procedures for Annexation
and Zoning Issues Related to Specific Use
Permits and Renulation of Sexually Oriented Businesses (Agenda Item XI)
Bill Petty, Director of Community Development, reviewed with the Council the procedures for unilateral
annexation and zoning issues related to specific use permits and regulation of sexually oriented businesses (SOB).
In order for the City to be able to control the orderly growth and conformance with the comprehensive plan,
several unannexed areas within our boundary need to be considered for annexation.
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 adopt a 1994 annexation and zoning calendar
of dates as recommended to the City Council by the Development Subcommittee for the purposes
of unilateral annexation of properties between Custer and US 75 and FM 2170 and SH 121 that
are presently outside the corporate city limits; amendments to the Zoning Ordinance defining
sexually oriented businesses and regulating location of sexually oriented businesses; adoption of
an additional ordinance enforceable by the police department pertaining to the daily operations
of the sexually oriented businesses; and adoption of an ordinance amending the schedule of uses
of the Zoning Ordinance. The motion carried.
Consider Recommendations of Sign Control Board
to Revise Political Section of Sial Reindafions (Agenda Item XII)
Bill Petty, Director of Community Development, informed the Council that the Sign Control Board has
held workshop sessions over the past several weeks to consider revisions to the political sign section of the Sign
Regulation Ordinance. Certain changes have been incorporated into the assigned ordinance especially regarding
political sign activity in Allen
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 20, 1994 PAGE 10
Ordinance No. 1217-1-44: An Ordinance of the City
of Allen, Collin County, Texas, Amending the Sign
Regulations Ordinance No. 1195-9-93, so as to Amend
Section 3.A.4, Providing for Amended Regulations for
Political Signs; Providing for Exhibit "A" Example of
Approved Locations for Political Signs; Providing for
a Penalty of Fine Not to Exceed the Sum of Five
Hundred Dollars ($5110.00); Providing for a
Severability Clause; and Providing for an Effective
Date,
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Nichols, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 1217-1-94 with a
verbiage change in Section 1, Section 3 A.4, line 3 to read "Such signs shall be limited to eight
(S) feet in height; and constructed with at least 112" suitable signage material mounted on 4x4
posts„ " in accordance with Sign Control Board recommendation. The motion carried
Consider Authorizing Budget for
Architectural Planninn Services for City Complex
(Agenda Item XHI)
Mayor Pro Tent Lilly indicated that the Development Subcotnntinee has reviewed possibilities for the City
complex area extending past the existing City complex area. The Development Subcommittee would like to
explore opportunities through preliminary planting in and around the existing City complex area as it relates to
the original plan adopted some years ago. As part of this decision, the committee has requested authorization
of a $3,000 budget to explore the preliminary alternative planning. At this time, the Development Subcommittee
is looking at existing land which might include the 92 -acre plot, the Civic Complex, or the downtown area.
MOTION: upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop,
the Council voted seven (7) for and none (0) opposed to authorize a budget of $3,000 to be used
for architectural planting services and review of the City complex area. The motion carried.
Calendar
January 27 7:00 p.m.
January 31 7:00 p.m.
Municipal Messenger Schedule
(Agenda Item XIV)
(Agenda Item XIV -A)
CIP orientation - Library Meeting Room
Council and P&Z workshop on the Subdivision
Ordinance - Council Chambers
(Agenda Item XIV -B)
City Secretary Judy Morrison reviewed the Municipal Messenger schedule with the Council. It was
suggested that we might include a TCI Cable article if that information is ready by the copy due date.
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 20, 1994 PAGE 11
Items of Interest (Agenda Item XIV -C)
There were no items of interest to the Council.
NOTE: Due to a conflict of interest. Councilmember Bishop excused himself for the rest of the evening.
Executive Session (Agenda Item XV)
In accordance with The Texas Government Code, Property, Section 551.072, the Allen City Council
convened into Executive Session at 12.01 a.m. in the Conference Room of the Allen Municipal Annex, One
Butler Circle, Allen, Texas in order to discuss matters pertaining to disposition of City property
The Executive Session was adjourned at 12.22 a in.
Reconvene (Agenda Item XVI)
The Allen City Council reconvened into regular session at 12:23 a.m on Friday, January 21, 1994, in
the Council Chambers of the Allen Municipal Amex.
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 authorize the City Manager to solicit bids to
have the old water tower removed at an approximate cost of $24,000 with the salvage value of
the property being approximately $42,000. The motion carried.
Adjourn (Agenda Item XVII)
MOTION: Upon a motion made by Councilmember Chnstakos 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 12.25 a.m., on Friday, January 21, 1994. The motion carried.
These minutes approved on the 3rd day of February , 1994.
APPROVED:
J�rmer, MAYOR
ATTEST:
J'0 Mo on, CMC, CITY SECRETARY