Min - City Council - 1994 - 04/07 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 7, 1994
Present
Joe Farmer, 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 6:28 p.m. on Thursday, April 7, 1994, in the Lunch Room of
the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Oven Council Discussion
(Agenda Item II)
City Manager Jon McCarty provided an update on the Rota -Tree Project which is underway with City
participation.
Park.
Saturday, April 9, is Allen Clean -Up Day with lunch being provided for the volunteers at Bethany Lakes
Council was informed of a "wet and dry" petition being processed at Collin County at the present time.
Further communications have taken place regarding the erosion along Cottonwood Creek. Additional
studies seem to indicate there might be certain erosion problems due to improper drainage from the properties.
There will be further study on this project.
ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 7, 1994 PAGE 2
A report was made to the Council regarding the Dallas Regional Mobility Coalition which amended its
by-laws to include a representative from the northern Collin County cities of Wylie, McKinney, Frisco and Allen.
Mayor Pro Tem Lilly has been named by the cities to be the representative for the first two years.
Discussion was held regarding the implementation of the confidentiality law through our utility
department. The Finance/Administration Subcommittee will review this issue.
Council was asked to submit a name by April 25 for a non -metro City director for the Council of
Government election of officers. This individual needs to be a non -elected official.
Discussion of Consent Agenda
and Reeular Aeenda Items (Agenda Item III)
There was no discussion regarding the Consent Agenda.
Discussion was held regarding Agenda Item V, Council Committee Reports. Discussion of the Council
Committee Reports will be held during the regular session.
Discussion was held regarding Agenda Item VI, Citizen's Comments. There have been several contacts
throughout the week and individuals may be present for the Citizen's Comments section of the program.
Discussion was held regarding Agenda Item VII, Report of the Capital Improvement Program Study
Committee by Chair of Steering Committee Jim Wolfe. Chair Jim Wolfe will be present this evening to report
on the Capital Improvement Program submission to the Council.
Discussion was held regarding Agenda Item VIII, Request to Appear by Stacy R. Brown, Executive
Director, Collin County Care Center/Samaritan Inn. Stacy Brown will be present to discuss building plans for
the Collin County Care Center/Samaritan Inn.
Discussion was held regarding Agenda Item IX, Authorize Execution of a Contract and Recognize Allen
Chamber of Commerce for Their Participation in the Adopt -a -Highway Program. Noel Crume will be present
to receive the Adopt -a -Highway Contract.
Discussion was held regarding Agenda Items X through XV, Consider Ordinances Annexing Zones 1-6
of Unilateral Annexation Proceedings by the Allen City Council. Bill Petty, Director of Community
Development, will present brief opening comments regarding the annexation ordinances.
Discussion was held regarding Agenda Item XVI, Tabled Items, Item A, Consider the Planning and
Zoning Commission Recommendations to Adopt a new Subdivision Ordinance. This item will be removed from
the table for action. There will be a few minor changes presented to the Council to consider as amendments to
what is front of them this evening.
Discussion was held regarding Agenda Item XVII, Approve Amending Parks and Recreation Code of
Ordinances No. 1152-1-93 Authorizing Fees to be Established by the Parks and Recreation Board. Discussion
will be held during the regular session regarding authorizing the Park Board to review fees to offset cost of
programs offered by the Parks and Recreation Department.
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ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 7, 1994
PAGE 3
Discussion was held regarding Agenda Item XVIII, Consider Items Related to a Fire Civil Service
Election. Additional information has been made available to the Council regarding the Fire Civil Service election.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:30 p.m. on Thursday, April 7, 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 7:35 p.m. on Thursday, April 7, 1994 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
Mayor Farmer requested that Item H, Consider Funding Commitment to North Central Texas Council
of Governments (NCTCOG) toward Bicycle Transportation System Planning for the City of Allen, be removed
from the Consent Agenda.
CONSENT AGENDA
(Agenda Item IV)
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 remaining items
on the Consent Agenda as recommended and as follows:
A. Approve Minutes of March 17, 1994, Regular Meeting.
B. Approve Minutes of March 25, 1994, Special Called Workshop, Spring Planning Session.
C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1 Texas Contractors
$ 472.50
For: Concrete Work for Picnic Table Pads; Country
Meadows Upgrade
1985 Park Bond Funds
Period: March 1994
2. Armstrong -Berger, Inc.
$ 926.25
For: Review of Allen Civic Plaza Design
Interest Earned Funds
Period: February 1994
3. Harte Hanks
$ 32.63
For: Advertisement for Removal of Ferris Water
Tower
1992 Water & Sewer Bonds
Period: February 6, 1994
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 7, 1994
PAGE 4
4. J.C. Evans Construction Co., Inc.
$11,455.96
For: Water & Sanitary Sewer Improvements
1985 Water & Sewer Bond Funds
Period: Thru March 28, 1994
5 J.C. Evans Construction Co., Inc.
$24,685.60
For: Water & Sanitary Sewer Improvements
McDermott/US 75
1985 Water & Sewer Bond Funds
Period: Thru Much 28, 1994
D. Approve Resolution Appointing Election Officials for the May 7,
1994, City Council
Election.
Resolution No. 1229-4-94(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Appointing the Election Officials for the May 7, 1994 City
Council Election, Setting the Rate of Pay for the Election Officials, the Maximum
Number of Election Clerks for the Polling Place, and Designation of the Early Voting
Ballot Board.
Election Judge: Margaret Miller, 206 Ellis Drive
Alternate Election Judge: Glenda Ford, P O. Box 537
E. Set April 21, 1994 as a Public Hearing Date on a Request to Consider the Creation of
a Reinvestment Zone within the City of Allen.
F Authorize Execution of a Contract with TRW, Inc. for their Participation in the Adopt -a -
Highway program.
Patrick Hertel, representing TRW, Inc., agreed to adopt a section of frontage road along
east 75 in front of TRW, Enterprise Drive and TRW Parkway in accordance with the
City of Allen "Keep Allen Beautiful — Adopt -a -Highway" Program.
G. Authorize the City Manager to enter into an Interlocal Agreement with North Central
Texas Council of Governments (NCTCOG) in regards to testing for Electrical License.
Resolution No. 1230-4-94(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Authorizing Participation in the North Central Texas Electrical
Examination Program.
Council authorized City Manager Jon McCarty to enter into an interlocal agreement with
North Central Texas Council of Governments (NCTCOG) regarding testing for electrical
licenses.
The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 7, 1994
PAGE 5
Mayor Farmer mdicated that Item H, Consider Funding Commitment to North Central Texas Council
of Governments (NCTCOG) toward Bicycle Transportation System Planning for the City of Allen, was removed
from the Consent Agenda so that Council could hear information regarding this topic as requested by a Public
Meeting Appearance card.
Robert Butcher, 926 Rivercrest, expressed his concerns about a formalized alternative transportation
system plan which would intensify motorists' attitudes towards cyclists and perpetrating the ideas that cyclists do
not belong on the highways.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Hamner, the
Council voted seven (7) for and none (0) opposed to approve Item H, authorizing the City
Manager to commit funding in the amount of $5,000 and its request for North Central Texas
Council of Government (NCTCOG) to consider a study on Bicycle Transportation System
Planning for the City of Allen in accordance with Staff and Development Subcommittee
recommendation. The motion carried.
End of Consent Aaenda
Council Committee Reports (Agenda Item V)
Services:
r Discussed CIP recommendations
r Allen recreational facility
FSnance/Administrative:
r Will meet April 11
Development:
Presentation by Armstrong -Berger, Inc.
r Future of Stacy Road improvements in view of Town of Fairview's position
r Reviewed proposal regarding restaurant area location along Bethany, west of US 75
Construction plans for Alma Drive with relation to Green Elementary School
Dallas Regional Mobility Coalition Executive Board
Mayor's:
Reviewed current agenda
To set an AISD joint meeting
Joint land acquisition with the school district
Citizen's Comments (Agenda Item VI)
There were no citizen's comments.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 7, 1994
17Atl a<1
Report of the Capital Improvement Program Study
Committee by Chair of Steerine Committee Jim Wolfe (Agenda Item VII)
Steering Committee Chair Jim Wolfe distributed the recommendations of the CIP Study Committee with
summaries and detailed background information to the Council. Over 100 individuals spent several months and
more than 1,800 person hours were contributed toward this end product. The final bond package for Council
consideration is approximately $25 million worth of General Obligation (G.O J Bonds and $3 million worth of
Revenue Bonds. Mr. Wolfe reviewed the financial background and the three categories of projects with all "A
and B" projects being recommended. The programs listed continues the commitment for the health, safety and
welfare of the community and also to provide the facilities to fulfill the present and future needs of the City of
Allen. A supplemental report consisting of additional items for the Council to consider was also distributed.
The Mayor, on behalf of the Council, expressed appreciation to all the Study and Steering Committee
members on this project for the hard work that has been accomplished. Mr. Wolfe also expressed his
appreciation to Staff for their support throughout this entire process.
There was no action taken on this item at this time.
Request to Appear by Stacy R. Brown, Executive
Director, Collin County Can Center/Samaritan Iran (Agenda Item VIII)
Stacy R. Brown, Executive Director of the Samaritan Inn of Collin County, provided information to the
Council regarding the shelter and access to services to homeless families and individuals in Collin County In
order to maintain the present level of service to the homeless families and individuals of Allen and Collin County,
she has requested the financial support of all the municipalities in Collin County The SamaritanInnis requesting
to become a subcontractor to the City of Allen for their provision of services to homeless families and individuals
from Allen for the next fiscal year.
Council requested that she bring back a specific plan with numbers to be considered by the Council at
a future date. There was no action taken on this item at this time.
Authorize Execution of a Contract and
Recognize Allen Chamber of Commerce for their
Participation in the Adopt -a -Highway Program (Agenda Item IX)
Noel Cmme, President of the Allen Chamber of Commerce, was present to indicate the Allen Chamber's
intent to adopt a section of Main Street beginning at Allen Drive and continuing to the end of Cottonwood River
Bridge for a period of one year, ending April 7, 1995.
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to authorize the Mayor to execute a contract
for Adopt -a -Highway program for the Allen Chamber of Commerce and to recognize the Allen
Chamber for their community service. The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
® APRIL 7, 1994
PAGE 7
Consider an Ordinance Annexing 547.0008
Acres of Land Located South of SH 121,
North of FM 2170, West of US 75 and East
of FM 2478, also Known as Zone 1 of a Unilateral
Annexation Proceedina by the Allen City Council (Agenda Item X)
Bill Petty, Community Development Director, reviewed with the Council the 1994 Annexation and
Zoning calendar of dates that the Council had adopted on January 20, 1994 After proper notification and several
public hearings, the Council is now able to adopt the various annexation ordinances located in the northwest
quadrant of the City.
Ordinance No. 1231-4-94: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the
Hereinafter -Described Territory to the City of Allen,
Texas, Approximately 547.0008 Acres Being the
Following Tracts: Parcel No. 1 Consisting of 29.966
Acres Being Tracts 3 and 3-9, Abstract 489, Shadrick
Jackson Survey; Parcel No. 2 Consisting of 45.738
Acres being Tract 11, Abstract 489, Shadrick Jackson
Survey; Parcel No. 17 Consisting of 12 Acres Being
Tract 5, Abstract 347, Jesse Gough Survey; Parcel
No. 18 Consisting of 14.15 Acres being Tract 6,
Abstract 347, Jesse Gough Survey; Parcel No. 19
Consisting of 118.728 Acres Being Tracts 5 and 5-9,
Abstract 489, Shadrick Jackson Survey; Parcel No. 20
Consisting of 45.21 Acres Being Tract 6, Abstract
489, Shadrick Jackson Survey; Parcel No. 21
Consisting of 65 acres being Tract 10, Abstract 489,
Shadrick Jackson Survey; Parcel No. 55 Consisting of
32.8988 Acres Being Tracts I and 1-9, Abstract No.
347, Jesse Gough Survey; Parcel No. 56 Consisting of
64.06 Acres being Tracts 3 and 3-9, Abstract No. 347,
Jesse Gough Survey; Parcel No. 57 Consisting of
79.6441 Acres being Tracts 2 and 2-9, Abstract 347,
Jesse Gough Survey; and Parcel No. 58 Consisting of
39.6059 Acres being Tract 9, Abstract 347, Jesse
Gough Survey; Said Area Being Described as Zone 1
for Annexation Purposes and Located South of SH
121 and East of FM 2478 (Custer Road), Collin
County, Texas; Extending the Boundary Limits of the
City to Include the Property Hereinafter -Described as
Exhibits "A" and "B" within the City Limits and
Granting to all Inhabitants and Owners of Said
Property all of the Rights and Privileges of Other
Citizens and Binding all Inhabitants by all the
Ordinances, Acts, Regulations, and Resolutions of
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 7, 1994 PAGE 8
Said City; Providing for Exhibit "C" Service Plan;
Providing a Severability Clause; and Providing for
the Effective Date of Said Ordinance.
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 Ordinance No. 1231-4-94 as
previously captioned and in accordance with Development Subcommittee recommendation. The
motion carried.
Consider an Ordinance Annexing 1,131.8357
Acres of Land Located South of SH 121,
North of FM 2170, West of US 75 and East
of FM 2478, also Rnova as Zone 2 of a Unilateral
Annexation Proceeding by the Allen City Council (Agenda Item XI)
Ordinance No. 1232-4-94: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the
Hereinafter -Described Territory to the City of Allen,
Texas, Approximately 1,131.8357 Acres Being the
Following Tracts: Parcel No. 3 Consisting of 46.8550
Acres Being Tracts 6-9 and 6, Abstract 717, Tom
Philips Survey; Parcel No. 4 Consisting of 99.8186
Acres Being Tract 7, Abstract 705, J. W. Parsons
Survey; Parcel No. 5 Consisting of 5.0 Acres Being
Tract 10, Abstract 717, Tom Philips Survey; Parcel
No. 6 Consisting of 10 Acres Being Tract 2, Abstract
718, John Philips Survey; Parcel No. 22 Consisting of
70.1646 Acres Being Tracts 6 and 6-9, Abstract 705,
J. W. Parsons Survey; Parcel No. 23 Consisting of
65.789 Acres Being Tract 4, Abstract 812, Mary
Standifer Survey; Parcel No. 24, Consisting of 29.103
Acres Being Tract 6, Abstract 812, Mary Standifer
Survey; Parcel No. 59 Consisting of 15 Acres Being
Tracts 3 and 3-9, Abstract 812, Mary Standifer
Survey; Parcel No. 60 Consisting of 10.093 Acres
Being Tract 7, Abstract 812, Mary Standifer Survey;
Parcel No. 7 Consisting of 9.259 Acres Being Tracts
5, 5-1, 5-9, Abstract 718, John Philips Survey; Parcel
No. 8 Consisting of 25.0 Acres Being Tract 6,
Abstract No. 718, John Philips Survey; Parcel No. 9
Consisting of 5.0 Acres Being Tract 7, Abstract 718,
John Philips Survey; Parcel No. 10 Consisting of 10.0
Acres Being Tract 8, Abstract 718, John Philips
Survey; Parcel No. 11 Consisting of 56.788 Acres
Being Tsai 9, Abstract 718, John Philips Survey;
Parcel No. 12 Consisting of 5.0 Acres Being Tract 11,
�A 88 DIM) Y 61(K81I12111) l
REGULAR SESSION
APRIL 7, 1994
Abstract 718, John Philips Survey; Parcel No. 25
Consisting of 71.15 Acres Being Tract One, Abstract
705, J. W. Parsons Survey; Parcel No. 28 Consisting
of 12.622 Acres Being Tract No. 8, Abstract 705, J.
W. Parsons Survey; Parcel No. 26 Consisting of
12.622 Acres Being Tract Two, Abstract 705, J. W.
Parsons Survey; Parcel No. 27 Consisting of 11.322
Acres Being Tract 3, Abstract 705, J. W. Parsons
Survey; Parcel No. 36 Consisting of 6.7079 Acres
Being Tract 4, Abstract 705, J. W. Parsons Survey,
Parcel No. 37 Consisting of 7.5778 Acres Being Tract
9, Abstract 705, J. W. Parsons Survey; Parcel No. 38
Consisting of 7.5778 Acres Being Tract 10, Abstract
705, J. W. Parsons Survey; Parcel 13 Consisting of
27.838 Acres Being Tract 4, Abstract 762, John W.
Roberts Survey; Parcel No. 40 Consisting of 129.37
Acres Being Tract 2, Abstract 762, John W. Roberts
Survey; Parcel No. 41 Consisting of 5.65 Acres Being
Tracts 3 and 3-9, Abstract 762, John W. Roberts
Survey; Parcel No. 29 Consisting of 63.5159 Acres
Being Tract 4, Abstract 110, Henry Brandenburg
Survey; Parcel No. 32 Consisting of 8.882 Acres
Being Tract 9, Abstract 110, Henry Brandenburg
Survey; Parcel No. 31 Consisting of 8.82 Acres Being
Tract 7, Abstract 110, Henry Brandenburg Survey;
Parcel No. 30 Consisting of 8.82 Acres Being Tract 6,
Abstract 110, Henry Brandenburg Survey; Parcel No.
34 Consisting of 4.01 Acres Being Tract 5, Abstract
110, Henry Brandenburg Survey; Parcel No. 39
Consisting of 3.1401 Acres Being Tract 11, Abstract
110, Henry Brandenburg Survey; Parcel No. 35
Consisting of 3.14 Acres Being Tract 10, Abstract
110, Henry Brandenburg Survey; Parcel No. 33
Consisting of 156.20 Acres Being Tracts 2 and 2-9,
Abstract 879, H. Seaborn Survey; and Parcel No. 61
Consisting of 120 Acres Being Tract 1, Abstract 110,
Henry Brandenburg Survey; Said Area Being
Described as Zone 2 for Annexation Purposes and
Located South of SH 121 and East of PM 2478
(Custer Road), Collin County, Texas; Extending the
Boundary Limits of the City to Include the Property
Hereinafter -Described in Exhibits "A" and "B" within
the City Limits and Granting to All Inhabitants and
Owners of Said Property AB of the Rights and
Privileges of Other Citizens and Binding Ali
Inhabitants by AB the Ordinances, Acts, Regulations,
PAGE 9
ALLEN CITY COUNCIL
REGULAR SESSION
'i APRIL 7, 1994 PAGE 10
and Resolutions of Said City; Providing for Exhibit
"C" Service Plan; Providing a Severability Clause;
and Providing for the Effective Date of Said
Ordinance,
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Hamner, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1232-4-94 as
previously captioned and in accordance with Development Subcommittee recommendation. The
motion carried.
Consider an Ordinance Annexing 264.2505
Acres of Land Located South of SH 121,
North of FM 2170, West of US 75 and East
of FM 2478, also Known as Zone 3 of a Unilateral
Annexation Proceedine by the Allen City Council (Agenda Item XII)
Ordinance No. 1233.4-94: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the
Hereinafter -Described Territory to the City of Allen,
Texas, Approximately 264.2505 Acres Being the
Following Tracts: Parcel No. 14 Consisting of 1.18
Acres Being Tract 1, Abstract 301, G. Estes Survey;
Parcel 15 Consisting of 37.3060 Acres Being Tract 13,
Abstract 719, J. Philip Survey; Parcel No. 16
Consisting of 3.0 Acres Being Tract 10, Abstract 719,
J. Philip Survey; Parcel No. 42 Consisting of 93.1537
Acres Being Tract 2, Abstract 280, Francis Dosser
Survey; Parcel No. 43 Consisting of 10.18 Acres
Being Tract 12, Abstract 701, G. Philips Survey;
Parcel No. 44 Consisting of 119.4308 Acres being
Tract 2, Abstract 321, G. Fitzhugh Survey; Said Area
Being Described as Zone 3 for Annexation Purposes
and Located South of SH 121 and East of FM 2478
(Custer Road), Collin County, Texas; Extending the
Boundary Limits of the City to Include the Property
Hereinafter -Described in Exhibits "A" and "B" within
the City Limits and Granting to All Inhabitants and
Owners of Said Property All of the Rights and
Privileges of Other Citizens and Binding All
Inhabitants by Ali the Ordinances, Acts, Regulations,
and Resolutions of Said City; Providing for Exhibit
"C" Service Plan; Providing a Severability Clause;
and Providing for the Effective Date of Said
Ordlna ce,
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 7, 1994
PAGE 11
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1233-4-94 as
previously captioned and in accordance with Development Subcommittee recommendation. The
motion carried.
Consider an Ordinance Annexing 248.5563
Acres of Land Located South of SH 121,
North of FM 2170, West of US 75 and East
of FM 2478, also Known as Zone 4 of a Unilateral
Annexation Proceedine by the Allen City Council (Agenda Item XIII)
Ordinance No. 12344-94: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the
Hereinafter -Described Territory to the City of Allen,
Texas, Approximately 248.5563 Acres Being the
Following Tracts: Parcel No. 45 Consisting of 21.80
Acres Being a Part of Tract 3, Abstract 999, F. C.
Wilmeth Survey and a Part of Tract 2, Abstract 702,
L. K. Pegnes Survey; Parcel No. 46 Consisting of
20.00 Acres Being a Part of Tract 3, Abstract 999, F.
C. Wilmeth Survey and a Part of Tract 2, Abstract
702, L. K. Pegues Survey; Parcel No. 47 Consisting
of 82.5263 Acres Being Tract One, Abstract 325,
John Fyke Survey; Parcel No. 49 Consisting of 119.23
Acres Being Tracts 2 and 2-9, Abstract 325, John
Fyke Survey; Parcel No. 50 Consisting of 5.00 Acres
Being Tract 8, Abstract 325, John Fyke Survey; Said
Area Being Described as Zone 4 for Annexation
Purposes and Located South of SH 121 and East of
FM 2478 (Custer Road), Collin County, Texas;
Extending the Boundary Limits of the City to Include
the Property Hereinafter -Described in Exhibits "A"
and 'B" within the City Limits and Granting to AB
Inhabitants and Owners of Said Property All of the
Rights and Privileges of Other Citizens and Binding
All Inhabitants by All the Ordinances, Acts,
Regulations, and Resolutions of Said City; Providing
for Exhibit "C" Service Pim; Providing a Severability
Clause; and Providing for the Effective Date of Said
Ordinance.
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 Ordinance No. 1234-4-94 as
previously captioned and in accordance with Development Subcommittee recommendation. The
motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
5 APRIL 7, 1994
PAGE 12
Consider an Ordinance Annexing 19.386
Acres of Land Located South of SH 121,
North of FM 2170, West of US 75 and East
of FM 2478, also Known as Zone 5 of a Unilateral
Annexation Proceeding by the Allen City Council (Agenda Item XIV)
Ordinance No. 12354-94: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the
Hereinafter -Described Territory to the City of Allen,
Bei
Texas, Approximately 19.386 Acres ng the
Following Tracts: Parcel No. 51 Consisting of 6.297
Acres Being Tract 12, Abstract 110, Henry
Brandenburg Survey; Parcel No. 52 Consisting of
1.047 Acres Being Tract 13, Abstract 110, Henry
Brandenburg survey; Parcel No. 53 Consisting of
11.042 Acres Being Tract 5, Abstract Ill, Catherine
Parsons Survey; Parcel No. 54 Consisting of 1.0 Acre
Being Tract 9, Abstract 711, Catherine Parsons
Survey; Said Area Being Zone 5 for Annexation
Purposes and Located South of SH 121 and East of
FM 2478 (Custer Road), Collin County, Texas;
Extending the Boundary Limits of the City to Include
the Property Hereinafter -Described in Exhibits "A"
and 'B" within the City Limits and Granting to Ali
Inhabitants and Owners of Said Property AB of the
Rights and Privileges of Other Citizens and Binding
Ali Inhabitants by AB the Ordinances, Acts,
Regulations, and Resolutions of Said City; Providing
for Exhibit "C" Service Plan; Providing a Severability
Clause; and Providing for the Effective Date of Said
Ordinance.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1235-4-94 as
previously captioned and in accordance with Development Subcommittee recommendation. The
motion carried.
Consider an Ordinance Annexing 67.1520
Acres of Land Located South of SH 121,
North of FM 2170, West of US 75 and East
of FM 2478, also Known as Zone 6 of a Unilateral
Annexation Proceeding by the Allen City Council (Agenda Item ICV)
ALLEN CITY COUNCIL
REGULAR SESSION
? APRIL 7, 1994
Ordinance No. 12364-94: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the
Hereinafter -Described Territory to the City of Allen,
Texas, Approximately 67.1520 Acres Being the
Following Tracts: Parcel No. 48 Being an
Approximate 67.1520 Acres, Kitty Hawks Estates
Addition, Abstract 110, Henry Brandenburg Survey;
Said Area being described as Zone 6 for Annexation
Purposes and Located South of SH 121 and East of
FM 2478 (Custer Road), Collin County, Texas;
Extending the Boundary Limits of the City to Include
the Property Hereinafter -Described in Exhibits "A"
and 'B" within the City Limits and Granting to AB
Inhabitants and Owners of Said Property All of the
Rights and Privileges of Other Citizens and Binding
AB Inhabitants by AB the Ordinances, Acts,
Regulations, and Resolutions of Said City; Providing
for Exhibit "C" Service Plan; Providing a Severability
Clause; and Providing for the Effective Date of Said
Ordinance.
PAGE 13
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 Ordinance No. 1236-4-94 as
previously captioned and in accordance with Development Subcommittee recommendation. The
motion carried.
Tabled Items
(Agenda Item XVI)
Consider the Planning and Zoning Commission
Recommendations to Adopt a new Subdivision Ordinance (Agenda Item XVI -A)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Hamner, the
Council voted seven (7) for and none (0) opposed to remove Item A, Consider the Planning and
Zoning Conumssion Recommendations to Adopt a New Subdivision Ordinance, off the table.
The motion carried.
Due to an issue that had arisen regarding identification of tree cover, discussions needed to be held prior
to final action on this ordinance.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the
Council voted seven (7) for and none (0) opposed to table Item A, Consider the Planning and
Zoning Commission Recommendations to Adopt a New Subdivision Ordinance. The motion
carried.
ALLEN CITY COUNCIL
REGULAR SESSION
i APRIL 7, 1994 PAGE 14
Consider a 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 XVI -B)
This item was not removed from the table.
Approve Amending Parks and Recreation Code of
Ordinances No. 1152-1-93 Authorizing Fees to
be Established by the Parks and Recreation Board (Agenda Item XVII)
Rhoda Savage, Director of Parks and Recreation, presented information to the Council requesting Park
Board authorization to set fees regarding implementation of an Enterprise Fond. The Park Board was requested
to be authorized to establish programs that approve facility fees and set program fees such as registration fees
for swim classes, day camps, sport camps and adult athletics. User fees will continue to he set by Ordinance,
such as pool passes, pool rentals, daily pool fees, user fees and light fees. Services Subcommittee has not had
an opportunity to review this item. After much discussion, Council felt it was the function of the Council to
determine the fees rather than authorize the Park Board to do this. The Park Board bas not been informed of this
particular change.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and one (1) opposed with Councilmember Terrell casting the negative
vote, to not consider amending the Code of Ordinances dealing with establishing fees. The
motion carried.
Tabled Items (Agenda Item XVI)
Consider the Planning and Zoning Commission
Recommendations to Adopt a New Subdivision Ordinance (Agenda Item XVI -A)
MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop,
the Council voted seven (7) for and none (0) opposed to remove Item A, Consider the Planning
and Zoning Commission Recommendations to Adopt a New Subdivision Ordinance, from the
table. The motion carried.
Bill Petty, Community Development Director, reviewed the background of the Subdivision Ordinance
and its presentation to Council this evening for consideration. After several workshops and public hearings,
additional language has been incorporated into ordinance to meet with clarifications raised at previous meetings.
Ordinance No. 1237494: An Ordinance Prescribing
Rules and Regulations Governing Plats, Plans, and
Subdivision of Land Within the City of Allen, Texas,
Li and Its Legally Defined Extraterritorial Jurisdiction;
Containing Certain Definitions; Providing Procedures
for the Approval of Subdivision Plats; Establishing
Regulations for the Design and Construction of
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ALLEN CITY COUNCIL
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APRIL 7, 1994 PAGE 15
Streets, Sidewalks, Alleys, Water and Sanitary
Sewage Facilities, Drainage and Storm Water utilities;
Providing a Penalty of Not More than Two Thousand
Dollars ($2,000) for each Violation Thereof; Providing
a Severability Clause; and Providing for an Effective
Date.
MOTION: 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. 1237-4-94 as
previously captioned, in accordance with Planning and Zoning recommendation and to include
the additional verbiage requesting an effective date of May 1, 1994, with a change in language
for Section 619.1 to include:
"Where adequate means for fire department access may not otherwise be provided, easements for
fire lanes shall be required. Fire lane easements shall be a minimum of 22 feet in width with a
30 -foot radius, or 30 feet in width with a 10 -foot radius; shall have a height clearance of 14 feet;
shall be within 150 feet of all exterior walls unless adequately protected per the Allen Fire Code
and approved by the Fire Chief or his designated representative; shall be maintained by the
property owner; shall be marked with signs, pavement or curb markings per the Allen Fire Code;
and shall in no way be obstructed at any time."
and to amend Section 604.2 to include "detached front -entry garages to be authorized if it is
placed at the rear of the lot with the lot having a minimum depth of 120 feet." The motion
carried.
Consider Items Related to a Fire Civil Service Election
(Agenda Item XVII)
City Secretary Judy Morrison presented details on the petition requesting Civil Service. The Civil Service
petition was received by the City Secretary on Tuesday, March 22, 1994 delivered by Patrick Churchwell. It
contained a total number of signatures of 360; 206 signatures were needed for a valid petition which is 10% of
the number of voters which voted in the last municipal election held on March 3, 1993. Patrick Churchwell was
notified on Monday, March 28, that the petition was sufficient and that it is indeed a valid petition. According
to Civil Service Law, the governing body is to order the election which must he held on the first authorized
uniform election day as prescribed by Chapter 41 of the Election Code that allows sufficient time to comply with
requirements of the law Those uniform election dates are the third Saturday in January, first Saturday in May,
second Saturday in August and the first Tuesday after the first Monday in November. Mrs. Morrison indicated
that the first uniform election day available to meet all requirements of the law would be August 13, 1994.
Betty Adkins, 1303 Tmtbercrcek, Allen, Texas, requested that this item be placed on the May 7 ballot.
Archie Adkins, 1303 Timbercreek, Allen, Texas, indicated that this Council has a responsibility to listen
to the Fire Fighters' request to place this item on the May ballot. He also stated that the City of Allen does not
have adequate fire protection at the present time.
Rex Womack, Jr., 2333 Foothill Road, McKinney, Texas, requested that Council consider May 7 for the
Civil Service election.
ALLEN CITY COUNCIL
[' REGULAR SESSION
APRIL 7, 1994 PAGE 16
Resolution No. 1238494(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, ordering a Special Election to be held on
August 13, 1994, in Response to a Petition from the
Fire Fighters' Association Requesting a Vote of the
Citizens Relative to the Adoption or Rejection of the
Fire Fighters' Civil Service Law; Designating
Location of Polling Place; Ordering Notices of
Election; and Designating Said Election be Conducted
in Accordance with the Texas Election Code and to be
Held in the City of Allen, Collin County, Texas.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the
Council voted seven (7) for and none (0) opposed to approve Resolution No. 1238-4-94(R) as
previously captioned. The motion carried.
Award Bid and Authorize Execution of a
Contract for Water and Sewer Construction on the
92 -Acre Allen Economic Development Corporation Land (Agenda Item XIX)
The City Council authorized the design and acceptance of bids for water and sewer construction on the
92 -acre Allen Economic Development Corporation land. Bids were accepted on Much 17, 1994. This project
would supply water and sanitary sewer services to Photronics-Toppan, Inc. A total of $175,825.10 was budgeted
out of the Allen Economic Development Corporation Fund for this project.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to authorize the City Manager to enter into a
contract with E. L. Dalton and Co., Inc. to provide water and sewer construction improvements
for a total amount of $122,821.20 with a 55 -day completion time as the lowest and best bidder.
The motion carried.
Other Business (Agenda Item XX)
Strategic Planning Update (Agenda Item XX -A)
Michael Stanger, Assistant to the City Manager, provided information to the Council regarding issues
and general goals as a result of the Spring Planning Session. These issues will be brought to subcommittee for
further implementation.
Calendar (Agenda Item XX -B)
April 9 Allen "Clean -Up Day"
April 18 First day of Early Voting
April 18 CIP Workshop -- 7:00 to 9:00 p.m. -- Library Meeting Room
May 3 Last day of Early Voting
May 7 Council Election
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 7, 1994
Itmrs of Interest
PAGE 17
(Agenda Item XX -C)
City Secretary Judy Morrison reviewed with the Council a Municipal Messenger schedule to include
information regarding the CIP program. Councilmembers were also invited to provide her with additional articles
that might be of interest for this issue.
Executive Session
(Agenda Item XXI)
In accordance with The Texas Government Code, Legal, Section 551.071, the Allen City Council
convened into Executive Session at 10:27 p.m. in the Conference Room of the Allen Municipal Annex, One
Butler Circle, Allen, Texas in order to discuss matters pertaining to pending lawsuits.
The Executive Session was adjourned at 12:00 a.m.
Reconvene (Agenda Item XXID
The Allen City Council reconvened into regular session at 12:01 a.m. on Friday, April 8, 1994, in the
Council Chambers of the Allen Municipal Amex. There was no action taken on items discussed during Executive
Session.
EAtliourn
(Agenda Item XXIII)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:02 a.m., on Friday, April 8, 1994. The motion carried.
These minutes approved on the 21st day of April , 1994.
APPROVED:
%xe
Im Farmer, MAYOR
ATTEST:
dy Mo 'son, CMC, CITY SECRETARY