Min - City Council - 1994 - 09/15 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 15, 1994
Present:
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly, Mayor Pro Tem
David Kerr
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 6:20 p.m. on Thursday, September 15, 1994, in the Lunch
Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Oven Council Discussion
(Agenda Item II)
After a report on a recent meeting with COG officials regarding road projects in Allen, discussion was
held regarding the amount of land presently owned by St. Jude's Catholic Church and the Catholic Diocese.
Discussion was held regarding a piece of property in the northeast quadrant of Allen near Malone Road
and FM 2551. The City has been approached by a developer who desires a development of one -acre lots with
large home sites. He has requested additional help from the City regarding infrastructure improvements He also
suggested use of a septic system rather than the sewer lines which would be an additional expense. The
Development Subcommittee was asked to look at the entire area and provide a plan that could be useful to the
City in the future. For the City to agree for the developer to pave only two lanes of FM 2551 is not something
to consider at this time. However, in the future, after a full study has been made, it might be a possible option
It was reported that Patrick Martell has contacted certain Councilmembers indicating that vehicles are
t taking shortcuts from FM 2170 to Rivercrest through the alleyways. He is concerned about the safety of the
children and has volunteered to serve on the safety committee after it has been established.
ALLEN CITY COUNCIL
WORKSHOP SESSION
SEPTEMBER 15, 1994
Discussion of Consent Agenda
and Reeular Aeenda Items
PAGE 2
(Agenda Item III)
Mayor Farmer began the review of the Consent Agenda and regular agenda items. Discussion was held
regarding Agenda Item VIII, Tabled Item: Public Hearing on a Request to Rezone Planned Development No.
31 Located South of McDermott Drive, East and West of Alma Drive and North of Hedgecoxe Road as
Requested by Suncreek Ltd. and Consider an Ordinance Effecting this Appeal. Items of discussion for this
evening regarding the Suncreek tabled item include the methodology for acreage purchase, a possible school site
for purchase — not donation, and the submission of the developer regarding his understanding of the schools
being interested to this particular area with three sites being offered as possibilities
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:30 p.m. on Thursday, September 15, 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 7'33 p.m. on Thursday, September 15, 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 Councilmember Nichols and seconded by Mayor Pro Tem Lilly, 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 September 1, 1994, Regular Meeting
B. Approve Minutes of September 1, 1994, Allen City Council Boards and Commission
Reception.
C. Approve Minutes of September 6, 1994, Special Called Worskhop on Suncreek Zoning
Case and 1994-95 Budget
D Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
Ron Hobbs, Architect $7,966.63
For: Recreation Building Facilities
1992 Park Bonds
Period August 1994
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 15, 1994 PAGE 3
E. Consider a Resolution Designating the Allen American as the Official Newspaper for the
City of Allen during the 1994-95 Fiscal Year.
Resolution No. 1282-9-94(R): A Resolution of the City Council
of the City of Allen, Collin County, Texas, Designating the
Allen American the Official Newspaper of the City of Allen,
Collin County, Texas for FY 1994-1995.
Council Committee Reports (Agenda Item V)
It was reported that this will be the last regular meeting of the Council with the current subcommittee
structure assignments.
Services:
Allen Recreational Facility
Finance/Administration:
No report
Development
Mayor's:
Sidewalk repair
Vehicle Emissions Testing Program
Municipal Maintenance Agreement (grass and litter)
Alley safety features including speed limits
Impact Fee Study - Water Impact Fee
Development on east side
COG Transportation meeting FM 2170 East has been moved to 1995; Exchange remains in 1996;
SH 5 North in 1996 and SH 5 South in October 1996
Agenda
Subcommittee assignments
Current meetings with the fire department personnel synopsis
Citizen's Comments
(Agenda Item VI)
Webelo Cub Scout Pack 306 and Scout Leader Troie Burch from Reed Elementary were acknowledged
as being present in the audience.
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ALLEN CITY COUNCIL
REGULAR SESSION
- SEPTEMBER 15, 1994 PAGE 4
Tabled Item: Approve the Following
Items Related to Fiscal Year 1994-95 Budeet (Agenda Item VII)
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to remove Agenda Item VII, Approve the
Following Items Related to Fiscal Year 1994-95 Budget — (A) Ordinance Setting the
Appropriations and (B) Ordinance Setting the Tax Rate from the table. The motion carried.
Ordinance Setting the Appropriations (Agenda Item VII -A)
City Manager Jon McCarty indicated the budget showed a reduction of five cents in two years in the tax
rate for the City of Allen It also allows for substantial reserve fund, additional montes for debt service and
additional personnel in police, fire and environmental facilities. Due to factors beyond our control, it does
indicate that a rate increase to water, sewer and solid waste may be forthcoming in the next budget year.
Ordinance No. 1283-9-94: An Ordinance of the City
of Allen, Collin County, Texas, Amending the
Appropriations for the 1993-94 Fiscal Year Budget
and Approving and Adopting the Budget and Setting
Appropriations for the Fiscal Year Beginning
October 1, 1994, and Terminating September 30,
1995; and Providing for anEffective Date.
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 1283-9-94 as
previously captioned. The motion carried.
Ordinance Setting the Tax Rate (Agenda Item VII -B)
The tax rate for the General Fund is .37805, the Debt Service Fund is .33755, for a total tax rate of
71560.
Ordinance No. 1284-9-94: An Ordinance of the City
of Allen, Collin County, Texas Setting, Fixing, and
Adopting the Tax Rate for the City of Allen, Texas,
for the Fiscal Year Beginning October 1, 1994, and
Ending September 30, 1995; and Providing an
Effective Date for this 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. 1284-9-94 as
previously captioned The motion carried.
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ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 15, 1994
PAGE 5
Tabled Item: Public Hearing on a
Request to Rezone Planned Development
No. 31 Located South of McDermott Drive,
East and West of Alma Drive and North of
Hedgecoxe Road as Requested by Suncreek Ltd.
and Consider an Ordinance Effecting this Appeal (Agenda Item VIII)
MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to remove Agenda Item VIII, Public Hearing
on a Request to Rezone Planned Development No. 31 Located South of McDermott Drive, East
and West of Alma Drive and North of Hedgecoxe Road as Requested by Suncreek Ltd and
Consider an Ordinance Effecting this Appeal from the table. The motion carried.
Mayor Farmer reviewed the process that has taken place since the public hearing held at the Council's
last regular meeting. A workshop has been held Further information has been distributed and meetings have
been held.
Greg Rich, Siepiela Interests, discussed information regarding a possible school site in the southwest
quadrant of the City He reviewed three possible sites and acknowledged that they would offer the school an
opportunity by which to purchase the property needed after a detailed study of the issue was completed.
John Green, representative of the school district, spoke regarding the possible site.
Greg Rich then discussed the issue of density He reviewed the previous density north of the creek and
pointed out that the present map allows for a 50% reduction of density He also referred to a 15 -foot buffer set
along the western property line abutting Mary McDermott -Cook's property
Greg Rich discussed the floodplain issue. This is an engineering issue and will be dealt with at the time
of platting.
Mr. Rich indicated that they would maximize single -loaded streets along the forested areas.
Council discussed various issues regarding density The proponent agreed to change the SF 3 on Tracts
3, 9 and 12 to 5,500 square foot minimum lot area with a 50 -foot lot width and 1,500 square foot house minimum
and the SF 4 will be changed on Tract 11 to a 5,000 square foot lot size having a 45 -foot width and a 1,500
square foot house minimum. The proponent also indicated that if Lot 13A develops other than a church, the
developer will provide access to this area
The proponent also agreed with the funding mechanism that has been worked out with the City Manager
regarding the Floodplain issue. The proponent has also agreed to interface with the school district in dealing with
the school site issue on a purchase option.
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ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 15, 1994
Ordinance No. 1285-9-94: 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.
6034-85 to Amend Flood Plain -Planned Development
No. 31 (FP -PD No. 31) by Amending the Land Use
Plan and Use and Area Regulations on the Following -
Described Tract of Land: 282 Acres of Land in
Abstract No. 1017 and 1018 of the Joseph H. Wilcox
Survey, Abstract Nos. 326 of the G. W. Ford Survey,
and Abstract 755 of the Joseph Russell Survey, City
of Allen, Collin County, Texas; Providing for a Land
Use Plan; Providing for Use and Area Regulations;
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.
PAGE 6
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Terrell, the
Council voted four (4) for and three (3) opposed with Mayor Pro Tem Lilly, and
Councilmembers Kerr and Hamner casting the negative votes, to approve Ordinance No. 1285-9-
94 as previously captioned and which includes previously noted amendments and statements by
the proponent. The motion carried.
Council took a brief recess.
Public Hearing to Consider an Ordinance Requiring
Homeowner Particivation in Costs for Reoairine Sidewalks (Agenda Item IX)
The City of Allen is responsible for performing ordinary care to maintain its sidewalks in a safe condition
for public travel. In the past, the cost has always been the City's responsibility However, after a survey of
neighboring cities with a program to repair and replace sidewalks, the City of Allen is recommending a sidewalk
participation of the homeowners.
Mayor Farmer read the request into the record as follows:
"Public Hearing to Consider an Ordinance Requiring Homeowner Participation in Costs for
Repairing Sidewalks."
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.
ALLEN CITY COUNCIL
REGULAR SESSION
' SEPTEMBER 15, 1994 PAGE 7
Ordinance No. 1286-9-94: An Ordinance of the City
Council of the City of Allen, Collin County, Texas,
Providing for Sidewalk Maintenance in the City Using
Homeowners' Participation in Cost; Providing for
Policies, Procedures and Forms Relating to Sidewalk
Maintenance in the City; Providing for an Effective
Date.
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. 1286-9-94 as
previously captioned. The motion carried.
Consider Amendments to the City's
Personnel Policies and Procedures Manual
(Agenda Item X)
Due to further attorney review on the amendments to include light duty and the Family and Medical
Leave Act (FMLA), these issues will not be dealt with this evening.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Hamner, the
Council voted seven (7) for and none (0) opposed to authorize amendments to the Personnel
Policy and Procedures Manual to extend longevity pay to permanent part-time employees and to
authorize the accrual of and payment for sick time up to 720 hours upon retirement or death or
24 hours for each year of service to employees who separate for other reasons in accordance with
Finance/Administration Subcommittee recommendation. The motion carried.
Consider Traffic Safety Task Force
(Agenda Item XI)
A Traffic Safety Task Force outline has been prepared to support an ad hoc committee whose primary
purpose is to provide a foram for citizens to provide meaningful input to the Allen City Council and Staff to
increase public safety in Allen. Its goals are to develop solutions to traffic safety problems in Allen, develop
measures to reduce pedestrian accidents and injuries, maximize available resources to accomplish goals, and
develop and implement safety information programs.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to authorize and accept the Traffic Safety Task
Force proposal as presented by Staff in the formation of a Safety Task Force Ad Hoc Committee.
The motion carried.
Consider Ordinance Making Theft
of Library Materials a Misdemeanor
(Agenda Item XII)
Due to certain library users who are habitually overdue with materials and refuse to return them, a formal
mechanism for pursuing the return of overdue books is being presented. A person will be guilty of a
misdemeanor and upon conviction shall be subject to a fine not to exceed $500 for each offense.
s
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ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 15, 1994 PAGE 8
Ordinance No. 1287-9-94: An Ordinance of the City
of Allen, Collin County, Texas, Amending Ordinance
No. 1057-11-91 and Chapter 7, Article I, of the Allen
Code of Ordinances Malting it Unlawful for any
Person to Fail to Return Materials Borrowed from the
Allen Public Library within Thirty (30) Days after the
Materials are Due or to Illegally Remove Materials
from the Allen Public Library; Providing for a
Penalty of Fine not to Exceed the Sum of Five
Hundred Dollars ($500.00); and Providing for an
Effective Date.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Kerr, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1287-9-94 as
previously captioned and in accordance with Services Subcommittee recommendation. The
motion carried.
Other Business (Agenda Item XIII)
Calendar (Agenda Item XIII -A)
September 22 6.30 p.m. Joint AISD/Council meeting at the school district
Standing Committee Assignments (Agenda Item XIII -B)
Information was distributed regarding the Council Standing Committee assignments
Items of Interest (Agenda Item XIII -C)
There were no items of interest.
Executive Session (Agenda Item XIV)
In accordance with The Texas Local Government Code, Personnel, Section 551.074, Staff Presentations,
Section 551.075, the Allen City Council convened into Executive Session at 10:05 p.m. in the Conference Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to (1)
appointments to City Boards and (2) personnel evaluations.
The Executive Session was adjourned at 10:59 p.m
Reconvene (Agenda Item XV)
The Allen City Council reconvened into regular session at 11:00 p.m. on Thursday, September 15, 1994,
in the Council Chambers of the Allen Municipal Annex
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 15, 1994
PAGE 9
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Kerr, the
Council voted seven (7) for and none (0) opposed to delay the appointment process for City
Boards and Commission until sometime in November in order to deal with the entire process
review for the Boards and Commission and to extend current board appointments until that is
accomplished. The motion carried.
Adjourn
(Agenda Item XVI)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Kerr, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 11:05 p.m., on Thursday, September 15, 1994 The motion carried
These minutes approved on the 6th day of October , 1994.
ATTEST:
y MQ&i"" CMC, CITY SECRETARY
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APPROVED:
Jfie Farmer, MAYOR