Min - City Council - 1994 - 10/06 - RegularI
Present:
Joe Farmer, Mayor
Councibnembers•
Kevin Lilly, Mayor Pro Tem
David Kerr
David Bishop
Mike Nichols (absent)
Steve Terrell
Sharon Hamner
City Staff:
Jon McCarty, City Manager
. Judy Morrison, City Secretary
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 6, 1994
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, October 6, 1994, in the Lunch Room
of the Allen Municipal Amex, One Butler Circle, Allen, Texas.
Open Council Discussion
(Agenda Item II)
An update was given regarding a recent meeting at Collin County to discuss the Collin County
Thoroughfare Plan. Conflicts arose regarding certain roadways especially in the Fairview/Lucas/Allen area.
Commissioners requested that the Mayors of those cities present a compromise to the Commissioner's Court
within sixty days. Council's input was requested on this issue prior to the Mayors' meeting with the various
entities next Tuesday
Council was informed of a recent Watter's Crossing homeowners' meeting to discuss the neighborhood
park. Concerns were expressed with regard to traffic, parking and subsequent trash problems related to a park
environment.
Various safety concerns and issues were discussed including trucks being parked south of FM 2170, west
of SH 5 — limiting visibility of traffic and the need or possible need for crossing guards near Vaughan
Elementary School It was felt the Safety Committee will be dealing with issues such as these in the future.
ALLEN CITY COUNCIL
WORKSHOP SESSION
OCTOBER 6, 1994 PAGE 2
The Peer Assistant Leadership Group has requested a waiver of fees for an organized softball tournament
to be held on October 15 and October 22. October 22 has been designated as a dmg-free sports day and relates
well with the goal of promoting responsible decision making. Council authorized Staff to deal directly with this
group and authorize the request.
Discussion of Consent Agenda
and Reinder Aeenda Items (Agenda Item III)
Mayor Fanner began the review of the agenda items. Discussion was held regarding Agenda Item IX,
Consider an Ordinance Setting Certain Rates for Cable Television Service. This particular item will not expand
services to the community or deal with quality of service. This item deals strictly with rate regulations.
Discussion was also held regarding Agenda Item X -A, Public Hearing to Consider Recommendation of
the Planning and Zoning Commission to Amend the Parking Requirements of Comprehensive Zoning Ordinance
No. 829-11-87 for Office Uses. Discussion was held regarding the parking requirements for the medical/dental
offices and the exception being presented on tonight's agenda.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:30 p.m. on Thursday, October 6, 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 7:38 p.m. on Thursday, October 6, 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 Kerr, the
Council voted six (6) 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 15, 1994, Regular Meeting.
B. Approve Minutes of September 22, 1994, Allen City Council and AISD Board of
Trustees Special Called Joint Meeting.
Approve Ordinance and Authorize the City Manager to Execute the Municipal
Maintenance Agreement with the Texas Department of Transportation.
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ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 6, 1994
PAGE 3
Ordinance No. 1290.10-94: An Ordinance of the City Council of the City of Allen,
Collin County, Texas, Providing for the Maintenance of Certain State Highways and/or
Portions of State Highways in the City of Allen, Hereby Referred to as Municipal
Maintenance Project and Authorizing the Mayor or Authorized City Official, to Execute
a Certain Agreement between the City and the State of Texas, Providing for the
Maintenance Project; and Providing that this Ordinance should be Effective from and
after its Passage.
D Award Bid to and Authorize the City Manager to Enter into Contract with Mustang
Construction for the Chaparral Road Lift Station Relief Sewer Main Project.
Council authorized City Manager Jon McCarty to enter into a Contract with Mustang
Construction for the Chaparral Road Lift Station Relief Sewer Main Project with an
approved bid of $101,640.
E. Set November 3, 1994 as the Public Hearing Date to Consider Planning and Zoning
Recommendation for Perdue Construction to Amend Planned Development No. 19 and
Rezone a Portion of Lot 2 of Eagle Plaza Shopping Center to Planned Development
Multi -Family
F Authorize Staff to Publish a Notice in the Allen American Regarding Notice of
Determination Not to Update Land Use Assumptions, Capital Improvements Plan or
Impact Fees, to include a Sixty Day Waiting Period before Final Council Action.
G. Approve Ordinance Amending the Comprehensive Plan, Ordinance No. 1105-5-92, as
Amended, by Amending the Thoroughfare Plan to Indicate the Elimination of Bethany
Drive from McDermott Drive to its Intersection with Alma Drive.
Ordinance No. 1291-10.94: An Ordinance of the City of Allen, Collin County, Texas,
Amending Ordinance No. 1105-5-92, 1992 Comprehensive Plan, as Amended, by
Amending the Major Thoroughfare Plan to Eliminate a Portion of Bethany Drive.
H. Approve Payment of Bills Associated with the 1985 Capital Improvement Program.
I. Tax Report.
The motion carried.
End of Consent Agenda
Council Committee Relic, rts (Agenda Item V)
Services:
{ Establishing a Safety Committee
Allen Recreation Facility
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 6, 1994 PAGE 4
Development:
Meeting scheduled for next week
Allen was represented at a Commissioner's Court meeting regarding the Thoroughfare Plan
DMRC meeting Friday morning
Fineuce/Administration:
Recreation Center
Personnel policy changes
TCI Cable setting of rates
Work plan
Board Appreciation Dinner
Mayor's:
Recreation Facility
Work program
Current agenda review
TCI Cable
Punch list
Municipal Messenger
Citizens' Comments (Agenda Item VI)
There were no citizens' comments.
Award Bid for Construction of Two
Park Facilities at Bethany Lakes Park
(Agenda Item VII)
Rhoda Savage, Director of Parks and Recreation, reviewed the background and the request presented to
the Allen City Council this evening. By consolidating existing park funds, the City and FATSSO (Facility
Activity, Timing and Site Selection Oversight) pursued design development of the Recreation center and Passive
Pavilion including all desired program elements.
Architect Ron Hobbs discussed the actual bid process and indicated there was extreme interest generated
in this particular facility A total of nine bids were received and the low bidder's references have been checked.
Two bid alternates are being requested which upgrades the quality of the wood used to finish the ceiling and
changes the "surface -mounted" light fixtures to "recessed lights."
Additional costs for utilities, engineering and technical services, architectural fees and the geothermal
system need to be considered. These services will be paid for from new park bond funds and Park Operating
Reserve Funds.
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ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 6, 1994
PAGE 5
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Kerr, the
Council voted six (6) for and none (0) opposed to award the bid for construction of the Allen
Recreation Facility and Bethany Lakes Passive Pavilion to Pope Acquisition, Inc. including
Alternate 1 and Alternate 2 for a final bid amount of $1,934,279, to authorize execution of a
contract for construction between the City and Pope Acquisition, Inc., to approve a budget for
construction for the facilities in the amount of $1,934,279 and to approve the remaining
architectural fees of $31,500 in accordance with Services Subcommittee recommendation. The
motion carried.
Consider AB Matters Incident and Related to
the Issuance and Sale of $7,015,000 "City of
Allen, Texas, General Obligation Bonds, Series
1994," Dated November 1, 1994, Including the
Receipt of Bids Therefore and the Passage and
Adoption of an Ordinance Authorizing the Issuance
of Such Bonds and Approving and Authorizing the
Execution of a Pavine Aeent/Reeistrar Aereement (Agenda Item VIII)
Dan A. Almon, Senior Vice President for Southwest Securities, reviewed with the Council the process
for the bid procedure to be completed this evening. He reviewed the Bond Buyers Index and the debt service
schedule on a $7,015,000 MBIA insured General Obligation sale. Following are the bids received:
SUBMITTER
EFFECTIVE
INTEREST RATE
INSURANCE
POLICY CARRIER
PaineWebber, Inc.
6.2155
MBIA
Prudential -Securities, Inc.
62272
MBIA
Southwest Securities, Inc.
6.1821
MBIA
Clayton & Co.
6.1792
CGIC (Capital Ins. Guar. Co.)
First Southwest Company
6.2062
CGIC
Merrill Lynch & Co. and Asso.
6.1696
MBIA
Raymond James & Associates
6.1700
MBIA
Funds will be to hand on November 9 with the apparent low bidder being Merrill Lynch & Co. and
Associates with an effective interest rate of 6.1696.
Ordinance No. 1292-10-94: An Ordinance
Authorizing the Issuance of "CITY OF ALLEN,
TEXAS, GENERAL OBLIGATION BONDS, SERIES
1994," Specifying the Terms and Features of Said
bonds; levying a continuing direct annual ad valorem
ALLEN CITY COUNCIL
REGULAR SESSION
1 OCTOBER 6, 1994 PAGE 6
tax for the payment of said bonds; and resolving
other matters incident and related to the issuance,
sale, payment and delivery of said bonds, including
the approval and execution of a Paying
Agent/Registrar Agreement and the approval and
distribution of an Official Statement and providing
an effective date.
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Kerr, the
Council voted six (6) for and none (0) opposed to accept the bid for the issuance and sale of
$7,015,000 City of Allen General Obligation Bonds, Series 1994 from Merrill Lynch & Co. and
Associates with an effective interest rate of 6.1696 based on municipal bond insurance policy
issued by MBIA and to adopt Ordinance No. 1292-10-94 as previously captioned and contingent
upon a "good faith" check being received and held in escrow due to an oversight that the check
was not included with the bond papers at the time of issuance. The motion carried.
Mr Almon also related to the Council Moody's Municipal Recap regarding the City of Allen Bond sales
stating that:
"second year of growth marks break of declining valuation trend"
"above average socioeconomic profile, supported by continued efforts at diversification"
"well-managed financial operations, supported by sizable General Fund balance level"
"high debt levels moderated by sound debt management practices."
He also informed the Council of Standard and Poors' upgrade in the City of Allen bond ratings to a
"BBB+ "
Consider an Ordinance Setting
Certain Rates for Cable Television Service (Agenda Item IX)
Randee Wilson of First Southwest Company reviewed TCI's submission of the Form 393. The ordinance
will adopt rates for a period in the past that will be only a "stepping stone" for future rates since these have
already been superseded. The Franchise Agreement will deal with programming and quality of service whereas
the ordinance deals strictly with rates.
Ordinaace No. 1293-10-94: An Ordinance of the City
Council of the City of Allen, Collin County, Texas,
Amending Article 11 of Appendix A of the Allen Code
of Ordinances by Establishing Maximum Rates that
TCI Cablevision of North Texas, Inc., May Charge
its Allen Cable Television Subscribers for the Basic
Service Tier and Associated Equipment; Establishing
a Maximum Hourly Service Charge; Ordering
Refunds; and Providing a Severability Clause and an
e Effective Date.
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 6, 1994
PAGE 7
MOTION: Upon a motion made by Councilmember Terrell and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to approve Ordinance No. 1293-10-94 as
previously captioned in accordance with Finance/Administration Subcommittee recommendation.
The motion carried.
Public Hearines
(Agenda Item X)
Public Hearing to Consider Recommendation of
the Planning and Zoning Commission to Amend
the Parking Requirements of Comprehensive
Zoning Ordinance No. 829-11-87 for Office Uses (Agenda Item X -A)
Bill Petty, Director of Community Development, reviewed the request to Council regarding parking
restrictions in the Zoning Ordinance. The changes would be as follows
Business or professional office, studio or bank - One (1) puking space for each three hundred
(300) square feet of floor area.
Medical or dental clinic - One (1) parking space for each two hundred fifty (250) square feet of
floor area if building is equal to or less than 75,000 square feet. One (1) parking space for each
three hundred (300) square feet of floor area if building is greater than 75,000 square feet.
Excemion - If structure is located in the Central Business District (CBD), then one (1) space for every
three hundred (300) square feet of floor area, regardless of size of building or type of office use.
Mayor Farmer read the request into the record as follows:
"Public Hearing to Consider Recommendation of the Planning and Zoning Commission to Amend
the Parking Requirements of Comprehensive Zoning Ordinance No. 829-11-87 for Office Uses."
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.
Council discussion centered upon the exception as being recommended by the Planning and Zoning
Commission. Also, the medical and dental clinic section needs to be clarified to indicate that one (1) parking
space for each two hundred fifty (250) square feet of floor area for the first 75,000 square feet and then one (1)
puking space for each three hundred (300) square feet of floor area above the 75,000 square feet.
ALLEN CITY COUNCIL
REGULAR SESSION
Ell
OCTOBER 6, 1994 PAGE 8
Ordinance No. 1294-10-94: An Ordinance of the City
of Allen, Collin County, Texas, Amending
Comprehensive Zoning Ordinance No. 829-11-87, as
Previously Amended, so as to Amend Section 3.03
Vehicle Parking, for Business or Professional Office,
Studio, Bank, Medical or Dental Clinic; Providing for
an Effective Date; and Providing for Publication of
the Caption.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Ker, the
Council voted six (6) for and none (0) opposed to approve Ordinance No. 1294-10-94 as
previously captioned to eliminate the "exception" portion as recommended by Planning and
Zoning Commission and to clarify the "medical and dental clinic parking space issue" to state
"Medical or dental clinic - One (1) parking space for each two hundred fifty (250) square feet
of floor area for the first 75,000 square feet and then one (1) parking space for each three
hundred (300) square feet of floor area above the 75,000 square feet." The motion carried.
Public Hearing to Consider Recommendation of
the Planning and Zoning Commission to Amend
the Schedule of Uses of Comprehensive Zoning
Ordinance No. 829.11-87 to Allow Boarding
House by Right in the Central Business District (Agenda Item X -B)
Bill Petty, Director of Community Development, informed the Council that a subcommittee of the
Planning and Zoning Commission was established to study and review the proper locations and use of a bed and
breakfast request. The Planning and Zoning Commission concurred with the subcommittee's recommendation
that the use was not a "new and unlisted use" but was actually covered under "boarding house." They also
concurred that the Zoning Ordinance Review Committee should recommend that the City Council amend the
Zoning Ordinance to allow a "boarding house" in the Central Business District by right.
Mayor Farmer read the request into the record as follows:
"Public Hearing to Consider Recommendation of the Planning and Zoning Commission to Amend
the Schedule of Uses of Comprehensive Zoning Ordinance No. 829-11-87 to Allow Boarding
House by Right in the Central Business District."
Mayor Fanner opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Barbara Lee, 103 Belmont, Allen, Texas, spoke before the Council requesting Council's positive
consideration on this action.
With no one else speaking either for or against this request, Mayor Farmer closed the public hearing.
Discussion was held regarding the differences between boarding houses, bed and breakfast establishments
and hotel/motels.
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 6, 1994 PAGE 9
Ordinance No. 1295-10-94: An Ordinance of the City
of Allen, Collin County, Texas, Amending
Comprehensive Zoning Ordinance No. 829-11-87, as
Previously Amended, so as to Allow the Use of
Boarding House by Right in the Central Business
District; Providing for an Effective Date; and
Providing for Publication of the Caption.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to approve Ordinance No. 1295-10-94 as
previously captioned in accordance with Planning and Zoning recommendation. The motion
carried
Authorize Ron Hobbs, Architect, to
Perform Additional Work Related to the
Bethany Lakes Master Plan and Hillside Theater (Agenda Item XI)
Rhoda Savage, Director of Parks and Recreation, presented information to the Council regarding an
opportunity to pursue completion of the Bethany Lakes Park Master Plan. The first step in this process would
be to review and revise and Park Master Plan as developed by Carter and Burgess in 1991. Staff would also like
to expand the contract for architectural services with Ron Hobbs to include revising the Park Master Plan and
planning of the Hillside Theater.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Kerr, the
Council voted six (6) for and none (0) opposed to authorize the expansion of Ron Hobbs' contract
and allow additional work to be performed utilizing the $550,000 park bonds approved to develop
the Bethany Lakes Hillside Theater in accordance with Staff, Services Subcommittee and
FATTSO recommendation. The motion carried.
Approve a Resolution Establishing
a Training Agreement with the
Texas Commission on Law Enforcement
Officer Standards and Education (f.C.L.E.O.S.E.) (Agenda Item W
The Texas Commission on Law Enforcement Officer Standards and Education (T.C.L.E.O.S. E.) requires
that a training agreement be on file for departments utilizing their own training instruction. The Allen Police
Department has made application to continue a training agreement with T.C.L.E.O.S.E. and therefore, a
resolution is necessary to accommodate this request.
Resolution No. 1296-10-94(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Authorizing the Police Department to apply
for a Training Agreement with the Texas Commission
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 6, 1994 PAGE 10
on Law Enforcement Officer Standards and
Education, Establishing a Training Advisory Board,
Appointing a Training Coordinator, Establishing an
Annual Training Budget and Providing an Effective
Date.
MOTION: Upon a motion made by Councilmember Terrell and seconded by Councihnember Bishop, the
Council voted six (6) for and none (0) opposed to approve Resolution No. 1296-10-94(R) in
accordance with Staff recommendation. The motion carried.
Other Business (Agenda Item XIII)
Calendar (Agenda Item XIII -A)
Development Subcommittees will now be held at 8:30 a.m.
Mayor's Subcommittee meetings will be held on Monday prior to the Thursday Council meeting
at 7:30 a.m.
Municipal Messenger (Agenda Item XIII -B)
City Secretary Judy Morrison reviewed the Municipal Messenger schedule and topics for publication.
Council was asked to forward to the City Secretary additional topics for inclusion in the Municipal Messenger.
Items of Interest (Agenda Item XIII -C)
Council Standing Committee assignments were distributed to the Council for their review.
City Secretary Judy Morrison reviewed the schedule for the Board Appreciation Dinner to be held on
Tuesday, December 6.
City Secretary Judy Morrison also reviewed the TML schedule with Council and asked for input with
regard to Bight times to the meeting.
Executive Session (Agenda Item XIV)
In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section
551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into
Executive Session at 10:22 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle,
Allen, Texas in order to discuss matters pertaining to:
Personnel Evaluations
Boards and Commission Appointments Process
Pending Lawsuit Reference ASAP Sewer Line
Staff Presentation on Status of Facilities Agreement
.� . Staff Presentation on Economic Development Prospect
Consider Sale of Excess Properties.
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 6, 1994
The Executive Session was adjourned at 1:05 a.m.
PAGE 11
Reconvene (Agenda Item ICV)
The Allen City Council reconvened into regular session at 1:06 a.m. on Friday, October 7, 1994, in the
Council Chambers of the Allen Municipal Annex to consider action on items discussed ruing Executive Session:
Consider sale of excess properties
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 with Councilmember Bishop* abstaining from
the vote to accept a bid from E. T Boon, 11 Highpoint Drive, Allen, Texas, for $101,917.56
or $8.38 per square foot for 12,162 square feet or .0279 acres of land being a part of Lot 4,
Block 8, Whisenant Addition, to the City of Allen, located at the northwest comer of West
McDermott Drive, FM 2170 and Ferris Street, more commonly known as the Ferris Water
Tower property and to authorize the City Manager to execute all documents relating to the sale
of this property The motion carried.
* NOTE: Councilmember David Bishop did not vote on this item due to a conflict of interest statement
�"
previously signed.
MOTION: Upon a motion made by Councilmember Terrell and seconded by Mayor Pro Tem Lilly , the
L Council voted six (6) for and none (0) opposed to reject all bids for the sale of a portion of
Tract A and Tract B of the Allen City Complex Addition and that this piece be rebid at a time
to be determined by Council at a later date. The motion carried.
Adjourn
(Agenda Item XVI)
MOTION: Upon a motion made by Councilmember Terrell and seconded by Councilmember Kerr, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 1:08 a.m., on Friday, October 7, 1994. The motion carried.
These minutes approved on the 20th day of October , 1994.
APPROVED:
oe Farmer, MAYOR
ATTEST:
�Ym, ,on, CMC, CITY SECRETARY