Min - City Council - 1994 - 07/07 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JULY 7, 1994
Present:
Joe Farmer, Mayor
Councilmembers•
Kevin Lilly, Mayor Pro Tem
David Kerr
David Bishop (absent)
Mike Nichols
Steve Terrell (absent)
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 6:30 p.m. on Thursday, July 7, 1994, in the Lunch Room of
the Allen Municipal Annex, One Butter Circle, Allen, Texas.
Open Council Discussion
(Agenda Item II)
A report will be presented to the Council the first meeting in August regarding contracts for the Drainage
Utility Department and a synopsis of the work program for the year.
Staff has been responding to the ASAP lawsuit with responses and interrogatories. There is nothing more
to report at this time. However, City Attorney Don Crowder will update the Council at a future date.
In response to John Denham's request from TRW regarding water line construction, the Development
Subcommittee will review this request and report back to Council.
The Finance/Administration Subcommittee, as well as Staff, is requesting that the resolution to suspend
rates for 90 -days be reconsidered and be brought back to Council prior to the full 90 -days suspension time limit
More discussion will take place on this during the regular meeting.
ALLEN CITY COUNCIL
WORKSHOP SESSION
JULY 7, 1994
PAGE 2
Additional information needs to be relayed to the citizenry regarding the "bulk trash" pick-up day which
is the first Wednesday of each month.
Council authorized Staff to reset the date of public hearings requested by Bass Development and Douglas
Properties for August 4 rather than July 21 in order to meet the 15 -day publication requirement.
A "draft" copy of the current Municipal Messenger was distributed to Council for review and comments.
Discussion of Consent Agenda
and Reeular Aeenda Items
(Agenda Item III)
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 Mayor Fanner reviewed the procedure for handling this tabled item. This item, first of all, must be
removed from the table. There are then two distinct parts to the item — (1) a resolution authorizing execution
of a contract for batting cages and (2) initiate zoning in the form of a specific use permit. Council will also hear
comments from the citizens regarding this issue.
Discussion was held regarding Agenda Item IX, Consider a Resolution Pertaining to Fire Fighters' Civil
Service. Mayor Farmer distributed a copy of a resolution he had prepared pertaining to fire fighters' Civil
Service.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:25 p.m. on Thursday, July 7, 1994
REGULAR SESSION - 7:30 P.M.
With a quomm of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Farmer at 7:33 p in. on Thursday, July 7, 1994 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item IV)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the
Council voted five (5) for and none (0) opposed to approve and adopt all items on the Consent
Agenda as recommended and as follows.
A. Approve Minutes of June 16, 1994, Regular Meeting.
B. Approve Minutes of June 14, 1994, Allen City Council Capital Improvement Program
Community Information Meeting.
C. Approve Minutes of June 15, 1994, Allen City Council Capital Improvement Program
Community Information Meeting.
D Approve Minutes of June 22, 1994, Allen City Council Budget Workshop.
ALLEN CITY COUNCIL
E REGULAR SESSION
JULY 7, 1994 PAGE 3
E. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
A
1. Ron Hobbs, Architect $ 3,450.00
For: Topography Survey Bethany Lakes
1992 Park Bonds
Period: June 20, 1994
2. Dynix, Inc $ 1,658.00
For: Automated System Equipment
Interest Earned Bond Funds
Period June 1994
3 Ron Hobbs, Architect $32,045.52
For: Recreation Building Facilities Architectural
Planning Services
1992 Park Bonds
Period: June 1994
F Consider a Resolution Appointing Election Officials for the August 13, 1994 Special
Election.
Resolution No. 1262-7-94(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Appointing the Election Officials for the August 13, 1994 Special
Called Election Relative to the Adoption or Rejection of the Fire Fighters' Civil Service
Law, 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.
The motion carried
End of Consent Aeenda
Council Committee Reports
Development:
Next meeting scheduled for July 13
Services:
(Agenda Item V)
Public safety update
Possible grant monies for the Allen Public Library
Recovery of "overdue" materials from the Library
Overview of Bethany Lakes Recreation Facility interior and exterior building material
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 7, 1994 PAGE 4
Finance/Administration:
r TU Electric tariff request
Denton County Electric Cooperative franchise agreement
Tax burden comparisons
r Budget Retreat/proposed 1994-1995 budget
Mayor's:
Reschedule of Budget Retreat
Municipal Messenger
r Civil Service August 13 election
Citizen's Comments (Agenda Item VI)
John Rapier, 900 Rush Creek, Allen, Texas, presented $113,000 to the Allen Fire Department Paramedic
Division from the estates of Minnie Rose Shelton and Viola Rose, life-long residents of the community
Joe Abernathy, 741 Livingston, Allen, Texas, spoke before the Council in opposition to the batting cage
request.
Tabled Item: Consider a Resolution
Authorizing Execution of a Contract for
Batting Cages in Ford Park and Initiating
Zonine in the Form of a Specific Use Permit (Agenda Item VII)
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Nichols, the
Council voted five (5) for and none (0) opposed to remove 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 from the table. The motion carried.
Mayor Farner reviewed what was before the Council this evening. This included the resolution
authorizing execution of a contract for batting cages in Ford Park and initiating zoning in the form of a specific
use permit. The policy question of private enterprise on public land is not presented at this time.
Councilmember Nichols, Chair of the Ad Hoc Committee, read into the record a synopsis and report
which indicated that based on the survey results from the community at large, batting cages are an appropriate
use at Ford Park.
The following individuals did not wish to speak before the Council but noted support for the resolution:
Janet Ross, 808 Rivercrest, Allen, Texas;
Melissa Veasey, 801 Rivercrest, Allen, Texas;
Sara Mayberry, 11 Glenbrook Circle, Lucas, Texas; and
Gail Mayberry, 11 Glenbrook Circle, Lucas, Texas.
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 7, 1994
PAGE 5
The following individuals did not wish to speak before the Council but wished to record their opposition
to this resolution:
Cheryl Hogston, One Victorian Circle, Allen, Texas;
Sheree Claxton, 722 Pulitzer Lane, Allen, Texas; and
Sue Kacines, 743 Whitman Drive, Allen, Texas.
The following individuals spoke before the Council in opposition to this request
Johanna Britton, 713 Victorian Drive, Allen, Texas;
Chris Bedenbaugh (letter presented);
Stephanie Winfrey, 748 Pulitzer Lane, Allen, Texas — "too close to junior high';
Anita Dickason, 910 Victorian Drive, Allen, Texas — "increased functions in an area provide additional
opportunities for crime — not in the best interest of children in the neighborhood'
Jim Hogston, One Victorian Circle, Allen, Texas, — 'opposed to request'
Owen McMahon, 727 Victorian Drive, Allen, Texas — "questioned going out for bids, true picture of
survey results, desire of citizens for open park land, financial picture of UCBC",
Vince Stantpool, 747 Pulitzer, Allen, Texas - "already lack practice space on fields for children";
Jeff Kacines, 743 Whitman Drive, Allen, Texas — "this item is not covered in the Comprehensive Plan,
essential items in the park are not for kids but for UCBC, if resolution passes, then there is a
need to put specific stipulations on hours, maintenance and removal of the facility if it fails"; and
Mike Wilkinson, 506 Nandina, Allen, Texas — "City should not be involved in a commercial enterprise."
The following individuals spoke before the Council in favor of this request:
Kevin Thompson, 643 Valley View, Allen, Texas — 'convenient for children in town to use";
James Wilson, 1316 Thoreau, Allen, Texas — "would like to see tax dollars spent in Allen";
Bill Carper, 916 Roaming Road, Allen, Texas — "heavily involved in ASA and would like convenience
of batting cages";
Sheryl Elliott, 927 Wandering Way, Allen, Texas — "will be providing scoreboards, scorekeeper stands
and certain maintenance of those fields"; and
Randy Mayberry, 11 Glenbrook Circle, Lucas, Texas — "gave certain background information and
expressed his desire to provide a service to the children in Allen."
Council took a brief recess.
Ford Park has been and is still classified as a 'community" park. Discussion was held regarding future
plans for the completion of Ford Park with newly passed "bond" money Discussion was also held regarding the
City's position on contracts with private companies for concessions as well as trash hauling, medical control, etc.
The rights and the obligations of both parties would be set out in the contract.
Based on the comments from the citizens' survey, Council subcommittee reported that the City of Allen
does indeed need batting cages and the Council supports public/private contracts but it should be in the best
interest of all parties involved. This particular enterprise impacts not only the surrounding homeowners but the
entire community
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 7, 1994
PAGE 6
Staff, Planning and Zoning Commission and Park Board were instructed to look at parking, traffic flow
for privatization in park facilities and stipulate a clear, fiduciary break -down on each enterprise requesting a
contract with the City
Resolution No. 1263-7-94(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Authorizing Execution of a Lease Agreement
to Allow the Construction of Ratting Cages at Ford
Park and to Initiate a Zoning Request for a Specific
Use Permit to Allow Commercial Activity at a Public
Park.
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Kerr, the
Council voted four (4) for and one (1) opposed with Councilmember Nichols casting the negative
vote to deny Resolution No. 1263-7-94(R) as previously captioned. The motion carried.
Request to Appear: Alyce Bolowski is Requesting
to Use Main Street for the Allen Country Fair (Agenda Item VIII)
Rhoda Savage, Director of Parks and Recreation, presented a request from Alyce Bolowski and the Allen
Country Fair, Inc. to use downtown Main Street and to close off certain roads during the evening of Friday,
August 26, and the entire day of Saturday, August 27 for the "13th Annual Allen Country Fair."
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the
Council voted five (5) for and none (0) opposed to authorize Allen Country Fair, Inc. the use of
downtown Main Street the evening of Friday, August 26 and the day of Saturday, August 27, to
hold the "13th Annual Allen Country Fair." The motion carried.
Consider a Resolution Pertaining to Fire Fighters' Civil Service (Agenda Item IIq
Mayor Farmer presented a resolution to the Council pertaining to fire fighters' Civil Service. In being
responsible to the tax payers, the City Council does not desire to cause those in payers to fund more mandates
created by Civil Service functions. Local control is also taken away from Allen by Civil Service structure. It
is important that City Staff be united at all times providing equity throughout the entire City rather than for one
segment of the employees.
Resolution No. 1264-7-94(R): A Resolution of the City
Council of the City of Allen, Collin County, Texas, in
Opposition to the Imposition of Chapter 143 of the
Local Government Code the "Civil Service Act" for
the Fire Department in Allen, Urging Voters to Vote
"Against" on August 13, 1994, and Pledging to the
Citizens of Allen Continued Support for the High
r Quality Services Currently Provided by Allen's Eire
Fighters and Paramedics.
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 7, 1994
PAGE 7
MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the
Council voted five (5) for and none (0) opposed to approve Resolution No. 1264-7-94(R) as
previously captioned. The motion carried.
Consider a Resolution Addressing Proposed Tariff
Chromes for Texas Utilities Electric Comnany (Agenda Item X)
Joe Bilbo, Manager of TU Electric, spoke before the Council regarding a request to be granted authority
to implement four (4) new tariff schedules. The changes on the Economic Development Service and
Environmental Technology Service could be an enhancement to the City of Allen in the Economic Development
effort. This is not really a "case" but a "rate strategic package." It is basically due to competition and how it
rates — especially to the Economic Development programs in the City TU Electric is proposing two (2) new
rates and two (2) new riders. Rate GC will be used with existing customers who might be enticed by another
company and Rate ED would be used with new customers. These affect only wholesale, commercial and the
Economic Development customers.
Resolution No. 1265-7-94(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Suspending the Proposed Effective Date of the
Proposed Tariff Schedules of Texas Utilities Electric
Company, Providing for Notice Hereof to Said
Company, and Finding and Determining that the
Meeting at Which this Resolution is Passed is Open to
the Public as Required by Law.
MOTION: Upon a motion made by Councihnember Nichols and seconded by Councilmember Hamner, the
Council voted five (5) for and none (0) opposed to approve Resolution No. 1265-7-94(R) as
previously captioned and in accordance with Staff and Finance/Administration recommendation.
The motion carried.
Public Hearing on a Request to Amend Planned Development
No. 52 by Reshaping the Existing Districts of Multi -Family,
Shopping Center and Single Family on 152.8 Acres Located at
the Northwest Comer of Alma Drive and McDermott as Requested
by John Green and Consider an Ordinance Effectine this Chanee (Agenda Item 3a)
Tom Keener, Development Coordinator, presented information on a request to amend PD 52 as requested
by John Green The proposed shopping center district and multi -family districts have been reconfigured and have
more depth than the existing ones, but are narrower. They contain the exact acreage and development standards
as the existing zoning. The landscape buffers around the shopping center will also remain a pan of the standards.
Under current zoning, only one (1) access point would be available from Alma Drive. The proposed zoning
would provide the possibility of access to both McDermott and Alma Drive.
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 7, 1994
Planning and Zoning Commission presented the following findings:
1. Overall traffic flow configuration is better in this revised proposal.
2. Land use is compatible with surrounding uses.
3. Overall acreages are the same as existing zoning.
4 Land uses are the same as existing zoning.
5 Use and area regulations remain the same.
6. There were no objections during the public hearing.
7 There was developer commitment to tree preservation.
Mayor Farmer read the request into the record as follows:
PAGE 8
"Public Hearing on a Request to Amend Planned Development No. 52 by Reshaping the Existing
Districts of Multi -Family, Shopping Center and Single Family on 152.8 Acres Located at the
Northwest Corner of Alma Drive and McDermott as Requested by John Green and Consider an
Ordinance Effecting this 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. 1266-7-94: An Ordinance of the City
of Allen, Collin County, Texas, Amending
Comprehensive Zoning Ordinance No. 829-11-87, as
Previously Amended, and Amending Ordinance No.
523-6-84 to Amend Planned Development No. 52 (PD
No. 52) Ordinance No. 1170-5-93 by Amending the
Land Use Plan on the Following -Described Tract of
Land: 152.8 Acres of Land in Abstract No. 704 of
the James W. Parsons Survey, City of Allen, Collin
County, Texas; Providing for a Land Use Plan; and
Providing for a Penalty of Fine not to Exceed the
Sum of Two Thousand Dollars ($2,000.00) for Each
Offense; Providing for 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 Kerr, the
Council voted five (5) for and none (0) opposed to approve Ordinance No. 1266-7-94 as
previously captioned and to accordance with Planning and Zoning recommendation. The motion
carried
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 7, 1994
PAGE 9
Public Hearing on a Request to Rezone 59.2905 Acres
of Land from Residential to Residential -Deed Restricted
and 12.7060 Acres of Land from Local Retail to Shopping
Center Located at the Northeast Comer of Exchange Parkway
and SH 5 and Consider an Ordinance Effectine this Chance (Agenda Item XII)
Tom Keener, Development Coordinator, presented information on a request to rezone 59 2905 acres of
land from residential to residential -deed restricted and 12.7060 acres of land from local retail to shopping center.
Mr. Keener reviewed various aspects of this plan including the R-4 buffer zone of residential to the existing
Buckingham Polo Club Estates.
Planning and Zoning Commission presented the following findings:
1. Proposed uses are compatible with existing development.
2. Deed restriction for 1500 square foot minimum house size is appropriate, which is greater than
R-4 minimum of 1400 square feet.
3. Recommendations for traffic management standards incorporated into proposal.
4. Necessary right-of-way for Exchange and SH 5 will be dedicated at the time of platting
5. Shopping Center more appropriate than Local Retail for this intersection and tract. Facilities
development because of Flexibility of uses.
■ 1 Mayor Farmer read the request into the record as follows:
"Public Hearing on a Request to Rezone 59.2905 Acres of Land from Residential to Residential -
Deed Restricted and 12.7060 Acres of Land from Local Retail to Shopping Center Located at the
Northeast Corner of Exchange Parkway and SH 5 and Consider an Ordinance Effecting this
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. 1267-7-94: An Ordinance of the City
of Allen, Collin County, Texas, Amending
Comprehensive Zoning Ordinance No. 829-11-87, as
Previously Amended, to Change the Zoning from
Local Retail (LR) and Residential Four (R-4) to
Shopping Center (SC) and Residential Five/Restricted
(R-5/11) and Residential Four/Restricted (R -4/R)
Zoning on the Following -Described Tracts of Land:
78.8534 Acres in Abstract No. 777 of the J. T.
Roberts Survey and in Abstract No. 1026 of the
Henry Wetsel Survey, City of Allen, Collin County,
LiTexas; Providing for Land Use Plan; Providing for
Restrictions; Providing for a Penalty of Fine Not to
ALLEN CITY COUNCIL
REGULAR SESSION
j JULY 7, 1994 PAGE 10
Exceed the Sum of Two Thousand Dollars ($2,000.00)
for Each Offense; Providing for a Severability Clause;
and Providing for the Effective Date of Said
Ordinance.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Kerr, the
Council voted five (5) for and none (0) opposed to approve Ordinance No. 1267-7-94 as
previously captioned and in accordance with Planning and Zoning recommendation. The motion
carried.
Accept Resignation from Member of
the Allen Parks and Recreation Board (Agenda Item X M
A resignation letter was received from Ray Galloway of the Parks and Recreation Board for the City of
Allen. Mr. Galloway no longer resides in Allen and is unable to serve on the Board at this time.
MOTION: Upon a motion made by Councilmember Hamner and seconded by Mayor Pro Tem Lilly, the
Council voted five (5) for and none (0) opposed to accept the resignation from Ray Galloway,
Place No. 1 of the Allen Parks and Recreation Board. The motion carried.
Other Business (Agenda Item XIV)
Calendar (Agenda Item XIV -A)
A copy of the "Vision 2000" document from the Economic Development Board was presented to Council
for review A workshop date will be considered at our next meeting.
Items of Interest (Agenda Item )IV -B)
There were no items of interest.
Executive Session (Agenda Item XV)
In accordance with The Texas Government Code, Personnel, Section 551.074, the Allen City Council
convened into Executive Session at 11:50 p.m. in the Conference Room of the Allen Municipal Annex, One
Butler Circle, Allen, Texas in order to discuss matters pertaining to personnel assignments.
The Executive Session was adjourned at 12:47 a.m.
Reconvene (Agenda Item XVI)
The Allen City Council reconvened into regular session at 12:48 a.m, on Friday, July 8, 1994, in the
Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive
Session.
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 7, 1994
Adjourn
PAGE 11
(Agenda Item XVII)
MOTION: Upon a motion made by Councilmember Kerr and seconded by Mayor Pro Tem Lilly, the
Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:49 a.m., on Friday, August 8, 1994. The motion carried.
These minutes approved on the 21st day of July , 1994.
APPROVED:
Farmer, MAYOR
ATTEST:
d
�yM, on, CMC, CITY SECRETARY