Min - City Council - 1994 - 04/21 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 21, 1994
Present:
Joe Farmer, Mayor
CouncBmembers:
Kevin Lilly, Mayor Pro Tem
Mickey Christakos
David Bishop
Mike Nichols
Steve Terrell
Sharon Hamner
City Staff:
Jon McCarty, City Manager (absent)
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 6:30 p.m. on Thursday, April 21, 1994, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Oven Council Discussion
(Agenda Item 11)
Police Chief Richard Carroll indicated that there may be citizens here during Citizen's Comments
regarding various police matters and adult videos. Discussion was also held with regard to the sexually -oriented
businesses and the placement on the agenda of the Ordinance amending the Code of Ordinances by adding
regulations needing to be considered prior to the public hearing which would then amend the schedule of uses.
Discussion of Consent Agenda
and Regular Aeenda Items
(Agenda Item 111)
Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Item G
of the Consent Agenda, Adopt an Ordinance Amending the Rate Paid to Utilities Customers for their Deposits.
After discussion about using a floating rate in the Ordinance, it was agreed upon that a review of the Ordinance
each year would satisfy the variances that occur throughout the year.
ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 21, 1994 PAGE 2
Discussion was held regarding Agenda Item VII, Tabled Item: 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. The Ad Hoc Committee met recently and voted to add another question to the survey which would read
"Do you want batting cages privately owned at Ford Park?"
Discussion was held regarding Agenda Item VIII, Consider Items Related to the Relocation of
PHOTRONICS Into the City of Allen. It was indicated that City Attorney Don Crowder informed Staff that an
additional paragraph needed to added to the Ordinance which would ensure that all activities within the
Reinvestment Zone would adhere to the guidelines defined in the City of Allen Comprehensive Zoning Ordinance
No. 829-11-87 Council also requested a break -down of the total amount of tax abatement that this project would
provide. Staff was instructed to, on behalf of the Council, inform those mdividuals that Council would like them
to continue to move the project in a timely manner.
Discussion was held regarding Agenda Item X, Consider Adopting Issue and General Goal Statements
for the 1994-95 Strategic Plan. Action would be to confirm these issues and goal statements. Council requested
that No. 5 issue - "Community Unity" be combined with No. 11 - "Neighborhoods."
Discussion was held regarding Agenda Item XI, Review Current Civic Complex Master Plan and
Consider Possible Alternatives. The current civic plaza master plan will be reviewed and a general overview of
a new perspective on the civic master plan will be discussed. However, Council will recess into Executive
Session to discuss actual land locations for the possible alternatives to the civic complex.
Discussion was held regarding Agenda Item XII, Approve an Ordinance Updating Fees for Parks and
Recreation Department Activities. It was noted that the cemetery fees need to be removed from this Ordinance
in accordance with the City Attorney's recommendation.
Discussion was held regarding Agenda Item XIII, Authorize the Use of Planning Consultant to Assist the
City and AISD to Identify Joint Land Use Opportunities. Due to the City Manager's absence, this item will be
tabled.
Discussion was held regarding Agenda Item XIV, Quarterly Financial Report. Charlotte Smith, Finance
Director, will be present to report on the Quarterly Financial Statements.
Discussion was held regarding Agenda Item XV, Other Business, Schedule Cable TV Workshop. A
workshop will be set for 7:00 p.m., Wednesday, April 27
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 21, 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 7:39 p.m. on Thursday, April 21, 1994 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas,
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 21, 1994
CONSENT AGENDA
PAGE 3
(Agenda Item IY)
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 and adopt all items on the Consent
Agenda as recommended and as follows:
A. Approve Minutes of April 7, 1994, Regular Meeting.
B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1. Ron Hobbs, Architect $2,970.74
For: Planning Service Recreation Facility
1992 Park Bond Funds
Period: March 1994
2. Payless Cashways $ 53.17
For: Concrete work for picnic table pads - Country
Meadows Park
1985 Park Bond Funds
Period: April 1994
3. Ferris Concrete $ 472.50
For: Concrete work for picnic table pads - Country
Meadows Park
1985 Park Bond Funds
Period: April 1994
4. Cummings & Pewitt, Inc. $2,043.00
For: Engineering FM 2170 Utility Relocations
1992 Water & Sewer Bonds Bond Funds
Period: Thru March 31, 1994
C. Authorize Execution of a Contract with Metrocel Cellular Telephone Company to Locate
and Operate a Cellular Location at the Hillside Water Tower.
Council authorized City Manager Ion McCarty to execute MetroCel Cellular's tower
lease agreement of space at the Hillside Water Tower.
D. Award a Bid and Authorize Purchase of a Backhoe/Loader for the Public Works
Department.
Council authorized Staff to purchase a Ford 575D Backhoe/Loader from Collin county
Ford Tractor Sales at a cost of $45,273.
E. Approve the 1994-95 Fiscal Year Budget Calendar.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 21, 1994 PAGE 4
F Authorize Execution of an Agreement to Extend the Bank Depository Agreement with
First National Bank of Allen.
Council authorized City Manager Jon McCarty to enter into an Agreement between the
City of Allen and First National Bank of Allen to extend the Bank Depository Agreement
for a period of one year beginning lune 1, 1994 to May 31, 1995.
G. Adopt an Ordinance Amending the Rate Paid to Utilities' Customers for their Deposits.
Ordinance No. 1239.4-94: An Ordinance of the City Council of the City of Allen,
Collin County, Texas, Amending Section VI, Subsection C of Ordinance No. 909-3-89;
Providing for a Deposit on Water and Sewer Utility Services and Interest Thereon.
H. Approve an Ordinance Adopting and Enacting Supplement No. 6 to the Code of
Ordinances.
Ordinance No. 1240-4-94: An Ordinance of the City of Allen, Collin County, Texas,
Adopting and Enacting Supplement No. 6 to the Code of Ordinances for the City of
Allen; Providing a Severability Clause; Providing a Penalty for Such Violation Thereof;
and Providing When Such Supplements and this Ordinance shall become Effective.
I. Tax Report.
J. Approve a Resolution Authorizing an Adjustment and Refund to the 1993 Tax Rolls.
Resolution No. 1241-4-94(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Authorizing an Adjustment and Refund to the 1993 Tax Roll.
The motion carried.
End of Consent Aaenda
Council Committee Reports (Agenda Item V)
Development:
Armstrong -Berger presentation
US 75 funding promotes a lune 1996 let date from Bethany to SH 121 - working to upgrade on
service road and overpass at Exchange to he included in this funding
January 1995 let date for FM 2170 East
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ALLEN CITY COUNCIL
REGULAR SESSION
I APRIL 21, 1994
Services:
PAGE 5
Child Advocacy Center
Reports from CIP Steering Committee Members — Jerry Wilson, Robin Sedlacek, and Gail Boon
Recreation Center update
Update on 1/2C sales in for Park funding
Finance/Administration:
Depository Agreement
Amendment to water and sewer Ordinance
TCI Cable Franchise document
Mayor's:
Community Survey
CIP planning process
Goals and objectives statements
Municipal Messenger schedule
Privacy Act discussion
Citizen's Comments (Agenda Item VI)
Mayor Farmer informed the audience the City Manager was absent this evening due to a tragedy in his
family where both his parents were killed in a car accident.
Mayor Farmer presented a proclamation to Alexis Mariana and Vickie Francis, Animal Control Officers,
in honor of National Pet Week, the first week in May
Joe Abernathy, 741 Livingston Drive, expressed concern with negative response from the City especially
dealing with traffic enforcement and City puking lots being used for car sales, especially those lots adjacent to
City parks. Mr. Abernathy was informed by the Council that it does intend to address public safety issues for
the Community in a pro -active stance.
Tabled Item:
Consider a Resolution Authorizing Execution of a
Contract for Batting Cages in Ford Park and
Initiati at Zonin¢ in the Form of a Specific Use Permit (Agenda Item VID
This item was not removed from the table.
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 21, 1994
PAGE 6
Consider Items Related to the Relocation
of PHOTRONICS Into the City of Allen (Agenda Item Vllq
Public Hearing Concerning the Designation of a
10 -Acre Tract as an Industrial Reinvestment Zone
and Consider an Ordinance Implementing the Zone (Agenda Item VIII -A)
David Pitstick, Director of Economic Development, indicated that this is the fourth Reinvestment Zone
to be authorized by the Allen City Council. According to state law, a public hearing must be held prior to the
implementation of this zone. This zone must be created if the City of Allen is to abate the ad valorem taxes of
PHOTRONICS-Toppan Texas, Inc.
Mayor Farmer read the request into the record as follows:
"Public Hearing Concerning the Designation of a 10 -acre Tract as an Industrial Reinvestment
Zone and Consider an Ordinance Implementing the Zone."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
With no one speaking either for or against the request, Mayor Farmer closed the public hearing.
Ordinance No. 1242-4-94: An Ordinance of the City
of Allen, Collin County, Texas, Designating a Certain
Area as an Industrial Reinvestment Zone; Providing
for the Establishment of Agreements within the Zone,
and Other Matters Relating Thereto; Providing
Findings of Fad; Providing a Severability Clause; and
Providing an Effective Date for the Commencement
of the Reinvestment Zone and this Ordinance.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1242-4-94 as
previously captioned. The motion carried.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to include an amendment to Ordinance No.
1242-4-94 to include as the last "whereas" in Ordinance No. 1242-4-94 the following:
"WHEREAS, all activities within the reinvestment zone will adhere to the guidelines defined in
the City of Allen Comprehensive Zoning Ordinance No. 829-I1-87 "
The motion carried.
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 21, 1994 PAGE 7
Approve a Resolution Approving a Tax Abatement
Agreement Between the City and PHOTRONICS-Toppan
Texas, Inc. and Authmizim the Mayor to Execute the Contrail (Agenda Item VHI-B)
David Pitstick, Director of Economic Development, reviewed the financial impact of PHOTRONICS'
relocation to the City of Allen. There will be a total abatement value of $2,239,120 through the year 2001. The
proposed PHOTRONICS incentive package includes $651,200 for the City with the requirement that
PHOTRONICS remain in the City of Allen for at least ten years.
Resolution No. 1243.4-94(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas Approving an Abatement Agreement Between
the City of Allen and PHOTRONICS-Toppan Texas,
Inc. to Abate Ad Valorem Taxes; and Authorizing the
Mayor of the City of Allen to Execute Such
Agreement.
MOTION: A motion made by Councilmember Nichols and seconded by Councilmember Bishop to approve
Resolution No. 1243-4-94(R) as previously captioned. No vote was taken on this motion.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos, the
Council voted seven (7) for and none (0) opposed to approve an amendment to Resolution No.
1243-4-94(R), Section 2 to read:
"The Mayor of the City of Allen, Texas, is hereby authorized to execute a contract between the
City and PHOTRONICS-Toppan Texas, Inc. to abate ad valorem taxes consistent with
Exhibit A."
The motion carried.
MOTION: As previously moved, upon a motion made by Councilmember Nichols and seconded by
Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve
Resolution No. 12434-94(R) as previously captioned with the Amendment to Section 2. The
motion carried.
Consider Items Related to the
Regulation of Sexually -Oriented Businesses (Agenda Item IX)
Approve an Ordinance Amending the Code of Ordinances
by Adding Regulations for Sexually -Oriented Businesses (Agenda Item IX -B)
Richard Carroll, Chief of Police, indicated that presently there is no Ordinance in place that would
regulate the location or activities associated with sexually -oriented businesses (SOB). Although sexually -oriented
businesses can be regulated, they cannot, however, be prohibited.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 21, 1994 PAGE 8
Ordinance No. 12444-94: An Ordinance of the City
of Allen, Collin County, Texas, Amending Chapter 8
of the Code of Ordinances, City of Allen, Texas, by
Adding Regulations for Sexually -Oriented Businesses;
Providing for a Penalty; Providing for a Repealer;
Providing for Severability; Providing for an Effective
Date; and Declaring an Emergency.
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. 1244-4-94 as
previously captioned amending the Code of Ordinances by adding regulations for sexually -
oriented businesses. The motion carried.
Public Hearing to Consider Amending the
Comprehensive Zoning Ordinance No. 829-11-87
Including Standards for Sexually -Oriented Businesses,
Amending the Schedule of Uses and Providing
Definitions and Consider an Ordinance Affecting that Change (Agenda Item IX -A)
Bill Petty, Director of Community Development, indicated that the Planning and Zoning Commission
recommended resolution regarding new and unlisted use of sexually -oriented businesses with definitions. The
Commission decided to recommend an appropriate location for such use is in the general business district with
specific use permit.
Mayor Farmer read the request into the record as follows:
"Public Hearing to Consider Amending the Comprehensive Zoning Ordinance No. 829-11-87
Including Standards for Sexually -Oriented Businesses, Amending the Schedule of Uses and
Providing Definitions and Consider an Ordinance Affecting that Change."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
With no one speaking either for or against the request, Mayor Farmer closed the public hearing.
Ordinance No. 1245-0-94: An Ordinance of the City
of Allen, Collin County, Texas, Amending
Comprehensive Zoning Ordinance No. 829-11-87,
Section 2.06, by the Addition of Section D, Providing
Regulations for the Location of Sexually -Oriented
Businesses; Establishing Definitions; Providing for
Regulation of External Signs; Providing for a Penalty
of not more than Two Thousand Dollars ($2,000) for
Each Violation Thereof, Providing a Validity Clause;
Repealing all Conflicting Ordinances; Declaring an
Emergency and Providing an Effective Date.
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 21, 1994
PAGE 9
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1245-4-94 as
previously captioned in accordance with Planning and Zoning recommendation. The motion
carried.
Council took a brief recess.
Consider Adopting Issue and General Goal
Statements for the 1994-95 Strateeic Plan (Agenda Item X)
Michael Stanger, Assistant to the City Manager, reviewed strategic issues and goals that had been
presented and reviewed to all subcommittees. Due to the commonality between Issue No. 5 and No. 11, the two
will be merged and the total number of issues will be 11 rather than 12. Staff project teams or program planning
will take place and specific goals, targets and activities will be presented to the City Manager by May 13.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to adopt the Issue and General Goal Statements
for the 1994-95 Strategic Plan. The motion carried.
Review Current Civic Complex Master
Plan and Consider Possible Alternatives
(Agenda Item RI)
Bill Petty, Director of Community Development, reviewed the background and the thinking of the City
Complex which was originally conceived in the early 1980's. The thinking was that the City Complex was a
central location of Allen at its final build -out. However, the Municipal Annex has been used as City Hall since
1983. Mr. Petty reviewed the diagonal concept of Central Fire Station, the park area and through the Civic Plana
to a performing arts complex.
The Development Subcommittee has looked at this concept and has reviewed it to see if this entire concept
needs revisiting and to see if we need to use our "grand entrance" to the City (McDermott) and if we need to see
the same regional presence of focus leading toward the Complex on US 75.
John Armstrong, Armstrong -Berger Architects, indicated that he reviewed the entire concept with the
Allen Economic Development Corporation (AFDC) property in mind, the improvements on McDermott and Main
Street, and other community facilities in relation to City Hall. Council will be asked for input and then the
architect will be asked to continue or change direction, whatever the case may be.
Council noted that the water system of the old concept was a very important part of the Allen Community
plan — a concept of calmness. It is intended that the new plan can incorporate many of the important concepts
of the I980's plan but enhance the overall design.
This item was received as an information item only
11,
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 21, 1994 PAGE 10
Approve an Ordinance Updating Fees for
Parks and Recreation Department Activities (Agenda Item XII)
Rhoda Savage, Director of Parks and Recreation, presented a comparison table reflecting program fees
of 1993 and 1994.
Ordinance No. 1246.4.94: An Ordinance of the City
Council, of the City of Allen, Collin County, Texas
Amending Ordinance No. 1097-492 Fees for the Use
of the Swimming Pool at Ford Park; Establishing Fees
for Miscellaneous Parks and Recreation Services;
Providing other Recreation Programs and Facility
Use; Providing for the Collection of Such Fees; and
Providing for an Effective Date.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos,
the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 12464-94 as
previously caption and with the recommendation of Staff, Parks and Recreation Board and
Services Subcommittee. The motion carried.
Authorize the Use of Planning Consultant to Assist
the City and AISD to Identify Joint Land Use Opportunities
(Agenda Item XIII)
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos,
the Council voted seven (7) for and none (0) opposed to table Agenda Item XIII, Authorize the
Use of Planning Consultant to Assist the City and AISD to Identify Joint Land Use Opportunities.
The motion carried.
Ouarterly Financial Report
(Agenda Item XIV)
Charlotte Smith, Finance Director, presented the Quarterly Fimncial Report for the period ending March
31, 1994. The General Fund reflects revenues over expenditures of $1,937,746. Property tax collections are
over 100% of budget which includes rollback taxes in the amount $160,595. Sales taxes at 66.93% of budget.
Permits and licenses are 59.93% of budget. Overall the financial picture for the City of Allen is in excellent
shape. This report was prepared for informational purposes only
Other Business
Schedule Cable TV Workshop
(Agenda Item XV)
(Agenda Item XV -A)
A combined Cable TV and CIP workshop will be held Wednesday, April 27, at 7:00 p.m. at the
Municipal Annex.
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 21, 1994 PAGE 11
Calendar (Agenda Item XV -B)
Early voting continues through May 3
Election — May 7 — 7:00 a.m. to 7:00 p.m.
Items of Interest (Agenda Item XV -C)
There were no items of interest.
Executive Session (Agenda Item XVI)
In accordance with The Texas Government Code, Property, Section 551.072, and Personnel, Section
551.074, the Allen City Council convened into Executive Session at 10:30 p.m. in the Conference Room of the
Allen Municipal Annex, One Butter Circle, Allen, Texas in order to discuss matters pertaining to (a) property
disposition — sale purchase and (b) personnel — Boards and Commission appointment process.
The Executive Session was adjourned at 11:52 p.m.
Reconvene (Agenda Item XVII)
The Allen City Council reconvened into regular session at 11:53 p.m. on Thursday, April 21, 1994, in
the Council Chambers of the Allen Municipal Annex.
Adjourn (Agenda Item XVIII)
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councihnember Christakos,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 11:54 p.m., on Thursday, April 21, 1994. The motion carried.
These minutes approved on the 5th day of May , 1994.
ATTEST:
J dy M ' on, CMC, CITY SECRETARY
APPROVED:
ce Farmer, MAYOR