Min - City Council - 1994 - 12/01 - RegularALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 1, 1994
Present
Joe Farmer, Mayor
Councilmembers:
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
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 Fanner at 6:33 p.m. on Thursday, December 1, 1994, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Open Council Discussion (Agenda Item 11)
The Boards and Commission appointment process was finally consummated after contact was made with
several individuals.
Mayor Pro Tem Lilly and City Manager Jon McCarty participated in a tour of Twin Creeks recently
Everything looked great but due to recent rains they were able to detect certain rnn-off and drainage obstacles.
Discussion of Consent Agenda
and Re¢ular Anenda Items (Agenda Item HI)
Mayor Fanner began the review of the Consent Agenda items Discussion was held regarding Agenda
C Item IV, Consent Agenda, Item C, Consider an Ordinance Amending Previously Approved Site Plan for the Dal -
Mac Property, Being 11.189 Acres of Land Located at the Southeast Corner of McDermott Drive and US 75.
Discussion was held regarding the median cut on Century Drive, west of the library Alternatives were reviewed
and it was felt that this was the best plan for long-range planning for Century Drive.
ALLEN CITY COUNCIL
WORKSHOP SESSION
DECEMBER 1, 1994 PAGE 2
Discussion was held regarding Agenda Item IV, Consent Agenda, Item D, Consider an Ordinance
Amending Previously Approved Alarm Ordinance. Discussion was held regarding the mechanism to administer
the alarm system ordinance. It is the intent of City Staff to notify alarm companies regarding this ordinance as
well as inform the public at the utility department at City Hall.
Discussion was held regarding Agenda Item VII, Oaths -of -Office and Certificates -of -Appointment to
Newly Appointed and Reappointed Members of Various City Boards. There will be a stream -lined procedure
for administering the Oaths -of -Office and Certificates -of -Appointment for newly appointed and reappointed
members of the various City boards.
Discussion was held regarding Agenda Item VIII, Authorize the Mayor to Execute Contracts for the
Adopt -a -Highway Program and Recognize the Organizations for their Community Service. The Mayor will be
executing contracts for three (3) separate "adopt -a -highway" programs and recognize those organizations.
Discussion was held regarding Agenda Item IX, Presentation and Acceptance of Council Subcommittees
Annual Work Program. Although the Council was asked to accept the work programs for the various
subcommittees, minor updates or alterations will be expected on this item in the future.
Discussion was held regarding Agenda Item X, Consider Items Related to the January 21, 1995, Special
Election. The schedule of events leading up to the passage of the one-half cent sales tax was distributed to the
Council. It was suggested that a chairperson be considered to lead this election effort. Discussion was held
regarding the flexibility of the use of the proposition. The proposition seems very specific but does not include
libraries, etc. However, the full intent of Section 4B of the law distinguished various opportunities for the use
of the one-half cent sales tax.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:35 p.m. on Thursday. December 1, 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 Fanner at 7:38 p.m. on Thursday, December 1, 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 Terrell, 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 November 17, 1994, Regular Meeting.
B Consider an Ordinance to Rename a Portion of Bonham Drive between McDermott Drive
and Allen Drive to Century Parkway
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 1994
PAGE 3
Ordinance No. 1302-12-94: An Ordinance of the City of Allen, Collin County, Texas,
Changing the Name of Bonham Drive, from its intersection with McDermott Drive (FM
2170) south to its Intersection with Allen Drive, to Century Parkway; Amending all
Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an
Effective Date.
C.
Consider an Ordinance Amending Previously Approved Site Plan for the Dal -Mac
Property, being 11 189 Acres of Land Located at the Southeast Corner of McDermott
Drive and US 75
Ordinance No. 1303-12-94: An Ordinance of the City of Allen, Collin County, Texas,
Vacating the Previously Approved Site Plan for 11.189 Acres of Land Located in the
William Perrin Survey, Abstract No. 708, at the Southeast Comer of McDermott Drive
and US 75; Providing for an Effective Date: and Providing for Publication of the
Caption.
D.
Consider an Ordinance Amending Previously Approved Alarm Ordinance.
Ordnance No. 1304-12-94: An Ordinance of the City of Allen, Collin County, Texas,
Amending Chapter 8, Article IV, Sections 8-96, 8-98, 8-99, 8-100 and 8-111 of the
Allen Code of Ordinances Amending the Definition of Hold -Up Alarm; Providing
Clarification and Additional Requirements of Alarm Systems within the City of Allen,
Amending the Penalties for Excessive False Alarms; Providing a Severability Clause; and
Providing an Effective Date.
E.
Approve a Resolution Authorizing the City Manager to Act on Behalf of the City of
Allen Regarding a Grant Application and Acceptance Process for Federal Funding to Hire
Additional Police Officers
Resolution No. 1305-12-94(R): A Resolution of the City Council of the City of Allen,
Texas, Approving the Submission of a Grant Application to the United States Department
of Justice for Funding for the Hiring of Three (3) Additional Police Officers, Pledging
Payment of the City of Allen's Share of the Cost of the Three (3) Additional Officers
over the next Three (3) Years, Continuation of Funding for the Additional Officers After
Three (3) Years and Authorizing the City Manager to Act on Behalf of the City of Allen
Regarding the Grant Application.
F Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1. Fulbright & Jaworski, LLP $ 8,038.36
For: Legal Services
1994 General Obligation Bonds
Period: 1994 Bond Sale
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 1994 PAGE 4
2. Arvida-Twin Creeks Partners $63,000.00
For: Twin Creeks Facility Agreement
Facility Agreement
Period: November 1994
Council Committee Reports (Agenda Item V)
Development:
George Copper presented an interim City Hall plan to be effective through September 30, 1995
Services:
Update on curfew ordinance
Allen Recreation Facility
Workplan
Watters Crossing Park
r One-half cent sales tax
Finance/Administration:
Denton County Electric and Grayson/Collin Electric Co-op
Electric Co-op Franchise
TCI Cable second rate review
Finalization of Facilities Agreement to be held at next meeting, December 9
Mayor's:
Current Council Agenda
Planning effort of Collin County appointments have been made
Discussion regarding Economic Development possibilities
Citizen's Comments (Agenda Item VI)
There were no citizen's comments.
Oaths -of -Office and Certificates -of -Appointment to Newly
Appointed and Reappointed Members of Various City Boards (Agenda Item VII)
City Secretary Judy Morrison administered the Oaths -of -Office and Mayor Farmer presented Certificates -
of -Appointment to the following newly appointed and reappointed members of the Board of Adjustment,
Economic Development Corporation Board, Library Board, Parks and Recreation Board, Planning and Zoning
Commission, Sign Control Board and the City Health Officer.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 1994
Sten Control Board
PAGE 5
Place No. 2 Mike Claytor 9/30/96
Place No. 4 Jeff Nolan 9/30/96
City Health Officer
Dr. John R Connolly 9/30/96
* These individuals were not present at the meeting. They will receive their oaths and certificates at a
future date
Expiration
Board of Adjustment
Place No. 2
* Ray Lewis
9/30/96
Place No. 4
David Prall
9/30/96
Alternate Place No 1
* Jeff Cocking
9/30/95
Alternate Place No. 2
Perry Fourrier
9/30/96
Economic Development Corporation
Place No. 1
* Mike Nichols
9/30/97
Place No. 2
Chuck Williams
9/30/97
Library Board
Place No. 2
Eric Liepim
9/30/96
Place No. 4
* Julie Wilmoth
9/30/96
Place No. 6
Fritz Dietrich
9/30/96
Parks and Recreation Board
Place No. I
Dan Turner
9/30/95
Place No. 2
Byron Nielsen
9/30/96
Place No. 4
Mark Stout
9/30/96
Place No. 6
Leah Magruder
9/30/96
Plannine and Zonine Commission
Place No. 2
Kenneth Fulk
9/30/96
Place No. 4
Ross Obenneyer
9/30/96
Place No. 6
Harold Biggs
9/30/96
Place No. 7
Jeffery Kelley
9/30/95
Sten Control Board
PAGE 5
Place No. 2 Mike Claytor 9/30/96
Place No. 4 Jeff Nolan 9/30/96
City Health Officer
Dr. John R Connolly 9/30/96
* These individuals were not present at the meeting. They will receive their oaths and certificates at a
future date
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 1994 PAGE 6
Authorize the Mayor to Execute Contracts
for the Adopt -a -Highway Program and Recognize
the Organizations for their Community Service (Agenda Item VIII)
Ms. Cathy Faso, Advisor with St. Jude's Catholic Church Youth Ministry, was present and on behalf of
St. Jude's Catholic Church Youth Ministry agreed to adopt a section of Malone Road beginning at FM 2170 and
continuing north to Exchange Parkway in accordance with the City of Allen "Keep Allen Beautiful — Adopt -a -
Highway" Program.
Representatives from the Citizens Against Crime Organization were present and agreed to adopt a section
of Jupiter Road beginning at Chaparral and continuing to Bethany Road in accordance with the City of Allen
"Keep Allen Beautiful — Adopt -a -Highway" Program.
Mr David Frank, 1117 Timbercreek Drive, agreed to adopt a section of Mustang Creek beginning at
Rivercrest and continuing south to FM 2170 in accordance with the City of Allen "Keep Allen Beautiful —
Adopt -a -Highway" Program.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Terrell, the
Council voted six (6) for and none (0) opposed to authorize the Mayor to execute Contracts for
the Adopta-Highway Program with the following citizens and/or groups:
Cathy Faso, Advisor, on behalf of St Jude's Catholic Church Youth Ministry, adopting a section
between Malone Road and Exchange Parkway for a period of one-year ending December 1, 1995;
Citizens Against Crime Organization adopting a section of Jupiter Road beginning at Chaparral
and continuing to Bethany Road for a period of one-year ending November 17, 1995;
David Frank adopting a section of Mustang Creek beginning at Rivercrest and continuing south
to FM 2170 for a period of one-year ending December 1, 1995. The motion carried.
Presentation and Acceptance of
Council Subcommittees Annual Work Program (Agenda Item IIf)
Mayor's Subcommittee:
City Organization
Community Unity
Dallas Regional Mobility Executive Committee
Regional Transportation Council Representation
Public/Community/Client Relations
City Communication Program
Legislative Session
Mass Media Liaison
Council Procedures
External Relations
Records Management
City Boards and Commissions
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 1994
Finance/Administration Subcommittee:
Capital Improvement Program
Employee Job Satisfaction
TV Cable System
Water/Sewer Rates
Electric Co-op Franchise Agreement
Privatization Policy
Bank Depository Agreement
Facilities Agreement
Services Subcommittee:
Infrastructure Maintenance
Civil Defense Warning System
Capital Improvement Projects Plan
Technology
Traffic Safety Task Force
Half -Cent Sales Tax
Retail and Commercial Development
Customer Satisfaction
Juvenile Delinquency Reduction
Construct Animal Shelter
Developing City Complex
Construct Public Safety Practical Training Facility
Construct Fire Station #3
Purchase Fire Equipment, Including Ambulance
Development Recovery Fees
Replace Entrance Doors to Conform to ADA Requirements
Expand Shelving and Furniture to meet Growth Requirements
Recreation Center, Passive Pavilion and Hillside Theater
Vision 2000 Plan
Land Acquisition and Development of the Allen Community Park or Similar Site
Develop Additional Lighted Soccer Fields at Ford Park
r
Prepare Schedule for use of 1994 CIP Park Bonds Approved for Sale in October 1994
Property Maintenance Abatement
Opening of Allen Recreation Center
Develop Park Site at Watters Crossing
Development Subcommittee:
PAGE 7
Interim City Hall Facilities
Capital Improvement Projects Plan
Managing Development Land Use
Retail and Commercial Development
Developing Business & Industrial Properties
Developing City Complex
Disposition of City Properties and Facilities
Development Recovery Fees
FM 2170 East
Vision 2000 Plan
Alternative Transportation System
Property Maintenance Abatement
PAGE 7
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 1994 PAGE 8
MOTION: Upon a motion made by Councilmember Hamner and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to accept the 1994-95 Council Subcommittee
Annual Work Programs. The motion carried.
Consider Items Related to the
January 21, 1995, Special Election (Agenda Item X)
Ordinance Ordering the January 21, 1995,
Special Election and Designating Election Judges (Agenda Item X -A)
It is possible at the present time for the City of Allen to assess an additional one-half cent sales tax to
benefit the citizens of the City of Allen. The ordinance presented tonight has been studied by Staff and Services
Subcommittee and the Council is taking a general approach to the half -cent sales tax rather than a specific project
approach. This approach will allow flexibility in the use of the monies collected from this tax. Although Barbara
Lecheler, 1413 Brookside Drive, requested to speak regarding this special election, she chose not to after
discussion and clarifications of the topic.
Ordinance No. 1306-12-94: An Ordinance of the City
Council of the City of Allen, Texas, Calling a Sales
and Use Tax Election to be Held within the City,
making Provisions for the Conduct Thereof and other
Provisions Relating Thereto.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Terrell, the
Council voted six (6) for and none (0) opposed to approve ordinance as previously captioned and
in accordance with Services Subcommittee recommendation. The motion carried.
Consider Tuesday, January 24, 1995, as
the Canvass Date for the Special Election (Agenda Item X -B)
In accordance with the Texas Election Law, Staff recommended a canvass date of Thursday, January 26,
1995, for the canvass for the January 21, 1995 Special Electron.
MOTION: Upon a motion made by Councilmember Hamner and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to hold the canvass of the City of Allen's special
election on Thursday, January 26, 1995 in conjunction with the AISD joint meeting at the Library
Meeting Room. The motion carried.
Consider Bids Received for Sale of 3.259 Acres of
Land, Being Part of the William Perrin Survey,
Abstract No. 708, Being Part of the Revised Lot 2,
Allen City Complex Addition, Further Described as
Being an Irregular -Shaped Property Located West and
Adjacent to the Intersection of Allen Drive and Bonham (Agenda Item XI)
The City Council directed Staff to begin procedures for the sale of excess City property located adjacent
to and west of the intersection of Allen Drive and Bonham Drive. An appraisal was completed and a previous
notification for bids was offered on October 6, 1994, at which time the City Council rejected the only bid
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 1994 PAGE 9
received. The second notice of bid was published in the Allen American and bids were opened on November 29,
1994. One bid was received from Greenway Investment Company for the 3.259 acres located south of the
intersection of Bonham Drive and McDermott Drive for a purchase price of $283,938 ($2 per square foot).
Although the proponents indicate 90 days to close, everyone is looking forward to an earlier closing date.
Todd Petty, 7809 Perdue, Dallas, Texas, indicated at least 30 days would be needed to inspect the title
and the environmental portion of the property Tony Calloway, Calloway Architects, indicated Albertson's desire
to close in a timely fashion.
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Kerr, the
Council voted six (6) for and none (0) opposed to authorize the City Manager to execute any and
all documents relating to the sale of the 3.259 acres of excess City property for a purchase price
of $283,938 by Greenway Investment Company, 2301 Cedar Springs, Suite 400, Dallas, Texas
75201. The motion carried.
Award Bid on Seven Police Vehicles
(Agenda Item XII)
Seven replacement patrol vehicles have been approved for purchase in the 1994-95 budget. The City of
Allen joined with the City of Plano bid procedure since their specifications were almost identical to what the City
of Allen was needing. Bids were opened on November 11, with a total of five (5) bids received with Bob Tomes
[; Ford, McKinney, Texas, being the low bidder. Although the budget is approximately $25,000 short of the total
$129,339 needed for the vehicle purchase which will be taken from the Vehicle Recovery Fund, the budget will
be adjusted later in the year to reflect a replacement in the Vehicle Replacement Fund.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the
Council voted six (6) for and none (0) opposed to award the bid to Bob Tomes Ford, McKinney,
Texas, for seven (7) 1995 Crown Victorias for a total purchase price of $129,339 The motion
carried.
Consider Adoption of an Ordinance Revising
the Siem Reeulations Ordinance No. 1198-9-93 (Agenda Item XIII)
Bill Petty, Director of Community Development, reviewed the changes as presented by the Sign Control
Board in their annual review of the Sign Ordinance Staff was instmcted by Council to delete the entire item on
Page 2, Item 9, dealing with flags, emblems and insignia of the United States and federal agencies and offices
Ordinance No. 1307-12-94: An Ordinance of the City
of Allen, Collin County, Texas, Amending Sign
Regulations Ordinance No. 1198-9-93, as Previously
Amended, so as to Regulate Construction, Repair,
Placement, Height, Area, and Maintenance of Signs
in the City of Allen; Providing for Exhibit "A";
Providing for a Penalty of Fine not to Exceed the
Sum of Five Hundred Dollars ($500); Providing for a
® Severability Clause; and Providing for an Effective
Date.
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 1994
PAGE 10
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the
Council voted six (6) for and none (0) opposed to approve Ordinance No. 1307-12-94 as
previously captioned and in accordance with recommendation by Sign Control Board with the
deletion of Section 3A, #9, of the information as presented to the Council dealing with flags,
emblems and insignia. The motion carried.
Other Business
Calendar
December 3 3:00 p.m
6:00 p.m
December 6 7.00 p.m
January 3
January 21
January 26
Items of Interest
There were no items of interest.
Executive Session
Christmas Parade
Tree Lighting Ceremonies
Boards and Commission Appreciation Dinner
Early Voting
Election - Sales and Use Tax
Canvass of Election
(Agenda Item XIV)
(Agenda Item XIV -A)
(Agenda Item XIV -B)
(Agenda Item XV)
In accordance with The Texas Local Government Code, Property, Section 551.072, the Allen City
Council convened into Executive Session at 10:04 p.m. in the Conference Room of the Allen Municipal Annex,
One Butler Circle, Allen, Texas in order to discuss matters pertaining to property acquisition for an Economic
Development project and for joint use facilities.
The Executive Session was adjourned at 11.24 p.m.
Reconvene (Agenda Item XVI)
The Allen City Council reconvened into regular session at 11.25 p.m. on Thursday, December 1, 1994,
in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during
Executive Session.
Adjourn
(Agenda Item XVII)
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Lilly, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 11.26 p.m. on Thursday, December 1, 1994. The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 1994 PAGE 11
These minutes approved on the 15th day of December , 1994.
APPROVED:
ATTEST:
JW Mo ' on, CMC, CITY SECRETARY
L
Joe Farmer, MAYOR