Min - City Council - 1995 - 02/02 - RegularALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 2, 1995
Present:
Joe Farmer, Mayor
Councilmembets:
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 Farmer at 6:30 p.m. on Thursday, February 2, 1995, in the Lunch Room
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Oven Council Discussion
(Agenda Item H)
The Council was informed that the North Texas Municipal Water District (NTMWD) is in the process
of constructing an 84" water line along Malone Road and Exchange Parkway This will cause an enormous
amount of utility construction visible to the citizens and result in questions and comments regarding this
construction. The tree line north of Exchange will also be eliminated due to this 84" water line placement.
Rhoda Savage, Director of Parks and Recreation, presented to the Council a copy of the grant application
to the Texas Parks and Wildlife Department for their review dealing with the Cottonwood Park south of Exchange
by Cottonwood Creek.
Parks and Recreation Director Rhoda Savage also informed the Council of a fund-raiser "fish fry" to take
place on Friday, February 17, between 11:00 am and 1:00 p.m. at the City Hall break room with proceeds to
a
be donated to the families of Pedro Padron, Roger Booth and Steve Howard.
ALLEN CITY COUNCIL
WORKSHOP SESSION
FEBRUARY 2, 1995 PAGE 2
Sam Satterwhite, Administrative Assistant to the Economic Development Corporation, spoke before the
Council and expressed his appreciation for the opportunity to work for the City of Allen. Sam will be leaving
for Coral Gables, Florida in approximately one week.
The Dallas Regional Mobility Coalition (DRMC) will be meeting tomorrow morning to deal with various
road projects. These will be looked at on a state-wide priority ranking. Discretionary funds have been greatly
reduced causing concern regarding various projects.
The Collin County Bond Committee has looked favorably at Allen projects. However, they are reviewing
the various funding mechanisms including a 50% and a 25% local match.
Clarification was sought on the median cut requested by First Bank of Allen. This issue has been
resolved to everyone's satisfaction.
Representatives from Plano, Frisco, McKinney, Allen and Collin Community College have met regarding
a regional training facility for fire and police. Plano has withdrawn from a previously agreed upon commitment
to Richardson and has some money to put into such a project. There is interest on all entities to participate.
However, with all these parties' interest, a larger facility and area would be needed for the project. Mike
Eastland with North Texas Central Council of Governments has been called to assist the group to look at the
facilities on a regional basis. Council agreed to authorize the City Manager and the Development Subcommittee
to move forward with this issue and pursue any items necessary to move on a "fast track."
Council requested an update on Suncreek. Interviews have been held with the City Manager for an
appraiser. Another meeting will be held including Greg Rich and the City Manager to agree upon an appraiser
for this process. The Development Subcommittee will continue to monitor this issue.
Discussion of Consent Agenda
and Regular Agenda Items (Agenda Item III)
There was no discussion regarding the Regular agenda.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:20 p.m, on Thursday, February 2, 1995
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 30 p in. on Thursday, February 2, 1995 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item IV)
L'
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 approve and adopt all items on the Consent
Agenda as recommended and as follows:
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 2, 1995
PAGE 3
A. Approve Minutes of January 19, 1995, Regular Meeting.
B. Approve Minutes of January 26, 1995, Special Called Meeting to Canvass the Special
Sales and Use Tax Election
C. Approve Minutes of January 26, 1995, Special Called Joint Meeting of Allen City
Council/AISD Board of Trustees.
D. Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1.
Cummins & Pewitt
$ 4,740.08
For: Chaparral Road Sewer
Water/Sewer Bonds
Period: Thm 1/20/95
2.
Cummins & Pewitt
$ 4,682.74
For: SH 5 Utility Relocation
Water/Sewer Bonds
Period: Thru 9/30/94
3.
Kimley Horn & Assoc., Inc.
$ 1,200.00
For: Exchange Parkway
Street Assessments
Period: Thm 12/31/94
4.
Kimley Horn & Assoc., Inc.
$ 4,543.00
For: McDermott Road
Street Assessments
Period: Thru 12/31/94
5.
Commercial Finish Group
$88,582.26
For: Recreation Building
1992 Park Bonds
Period: January 1995
6.
Schrickel, Rollins & Assoc.
$ 8,390.00
For: Ford Park Renovations
1992 Park Bonds
Period: January 1995
7
Enviro Design
$ 3,529.90
For: Cottonwood Community Park
1992 Park Bonds
Period: January 1995
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 2, 1995
PAGE 4
8. Marlin M. Blake & Assoc. $ 1,80000
For: Cottonwood Community Park
1992 Park Bonds
Period: January 1995
9 Terra -Mar, Inc. $ 3,670.00
For: Ford Park
1992 Park Bonds
Period: January 1995
E. Authorize the City Manager to Sign a Letter of Agreement for Donation of Land for
Right -of -Way on Allen Heights.
Council authorized City Manager Jon McCarty to enter into a Letter of Agreement
between Mr and Mrs. Clarence Carter and the City of Allen. The agreement is for Mr.
and Mrs Clarence Carter to donate the land required to construct the southbound lanes
of Allen Heights and a slope easement. The City of Allen shall compensate for loss of
five pecan trees and one large native shade tree, the relocation of the fence on their
property, access for their driveway and a pro -rata adjustment of taxes due on land taken
by the City
The motion carried.
End of Consent Aeenda
Council Committee Reports (Agenda Item V)
Services:
Will meet Friday, February 3
Finance/Administration:
Development:
I
Audit report
City investments
Cable Franchise Agreement
Meeting scheduled for Wednesday, February 8
Alternative Transportation Committee Meeting
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 2, 1995 PAGE 5
Mayor's:
Current Council agenda
Cable TV Franchise
r Charter Amendment Election
Millennium Business Park area
Review fire department standard operating procedures
Citizen's Comments (Agenda Item VI)
There were no citizen's comments.
Approve Request to Use Jupiter Park
for Hieb School Girls' Softball Game (Agenda Item VII)
Wayne Bennett, 1110 Lawn Meadow, Allen, TX, has requested the use of Jupiter Park for practices and
local games from February 6 to April 11 for the Allen Independent School District Girls' Softball Team. He has
also requested to charge admissions for the games and to sell concessions at the games with the Allen Sports
Association (ASA) authorization. Council requested that the Parks Department receive a statement from the ASA
Ll authorizing the sale of these concessions by the school program.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Counctlmember Kerr, the
Council voted six (6) for and none (0) opposed to authorize Wayne Bennett's request to charge
admissions for the Allen Independent School District Girls' Softball Games and to sell
concessions at those games with the understanding that the revenues will be used to benefit the
girls' softball program at Jupiter Park from February 6 to April 11, 1995. The motion carried.
Consider Items Related to Bethany Lakes Park
and Recreation Center Including Hillside
Theater Development, Recreation Center
Geothermal System and Water and Sewer Utilities (Agenda Item Vlln
In addition to the original bid for construction of the two (2) facilities at Bethany Lakes Park in October
of 1994, Council understood that additional work would be required for the installation of water and sewer to
the buildings and the air-conditioning/heating system design, engineering and construction. It was a desire of The
Facility Activity Timing and Site Selection Oversight (FATSSO) Committee to increase the scope of services
provided by Commercial Finish Group to include Hillside Theater improvements in order to keep the costs for
services to a minimum.
Rhoda Savage, Director of Parks and Recreation, discussed the bid documents for site utilities which
includes water and sewer. The projected utility cost is approximately $82,500. She also reviewed comparisons
of electrical versus geothermal costs including maintenance, life expectancy, energy-efficient ratings and
warranties in conjunction with initial cost projections.
ALIEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 2, 1995 PAGE 6
Bill Glover, President of Ameri-First Service, Inc., Lewisville, Texas, reviewed the concept of
geothermal and portrayed to the Council exactly how this "slinky" effect would look in the lake itself. All the
pipes are underground and would not be visible or audible. The compressors will be inside the building and not
exposed to the elements and the slinky concept works with recirculation of water through the loops. The
geothermal system would have an initial cost of approximately $170,000.
Ron Hobbs, Architect, reviewed the Hillside Theater plan. Drainage in the area has been altered to create
a designed waterfall facing the recreation center and the development of another lake south of the center. The
lake would have a two -foot bank drop-off and would be approximately two feet deep at the edge whereas the
center of the lake would be approximately four to five feet in order to deter the growth of algae. Because of
maintenance and aesthetics, Mr. Hobbs recommended a green lawn from the lake up to the recreation center.
The shoreline would probably be a "natural rock" shoreline
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: (I) authorize Staff to bid for the site utilities;
(2) authorize the City Manager to execute a contract with the Ameri-First Service, Inc. for
geothermal system design, engineering and installation; (3) approve the design of the Hillside
Theater in concept; (4) authorize a Change Order to contract with the Commercial Finish Group
to include construction of the Hillside Theater with total cost for these four items not to exceed
$550,000 in park bond funds in accordance with the FATSSO Committee recommendation. The
motion carried.
i
Consider an Ordinance (First Reading of Three) to
Extend the Cable Television Franchise to July 20. 1995 (Agenda Item IX)
Informal negotiations have taken place with TCI Cablevision for over two years. The Cable
Communication Policy Act of 1984 as amended, establishes the time -frame and the rights of the parties regarding
franchise renegotiations Last fall, the City submitted a proposed franchise agreement and ordinance. Several
conversations and meetings have occurred and an informal response to the City's proposal from TCI is expected
next week. However, the current City franchise agreement is due to expire in less than forty days. Therefore,
an ordinance authorizing an extension of the original franchise agreement is necessary to be considered by the
Council. JoAnn Holtzclaw, TCI Cable, indicated to the Council it was impossible to move any faster on the
rebuild for the City of Allen. Council would like to see the differences in the franchise agreements between the
City and TCI Cable. Council indicated to TCI that the community is not happy with the cable in the community
and since capacity would not change until a rebuild occurred, it was imperative that rebuild occur on a "fast
track." This was not promised by TCI, however. The citizens of Allen are not pleased and the Council is not
pleased. Allen is very serious and we need a tremendous amount of attention in the community Council needs
to meet the demands of the community and therefore, TCI needs to meet the demands of the Council.
Ordinance No. 1315-2-95: An Ordinance of the City
Council of the City of Allen, Collin County, Texas,
Amending Ordinance No. 291; Providing for the
Extension of the Term of the Franchise Granted to
Media Systems, Inc.; and Providing for an Effective
Date.
ALLEN CITY COUNCIL
`j REGULAR SESSION
® FEBRUARY 2, 1995 PAGE 7
MOTION: A motion was made by Councilmember Kerr to consider Ordinance No. 1315-2-95 as previously
captioned. The motion died due to lack of a second.
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 Ordinance No. 1315-2-95 as
previously captioned to negotiate the franchise for the benefit of the community but not to
compromise. This is considered the first reading of three (3) for Ordinance No. 1315-2-95. The
motion carried.
Approve Specifications and Authorize Solicitation
of Bids for Adding Lighted Soccer Fields at Ford Park (Agenda Item X)
Rhoda Savage, Parks and Recreation Director, introduced Delbert Hirst and Clint Woffard with Schrickel,
Rollins and Associates to present information regarding Ford Park site improvements. Three soccer fields will
be constructed consisting one (1) adult championship field and two (2) "under 14 age" fields. The architect has
recommended six (6) pole lighting providing even lighting for all fields and the championship field will be
crowned. It is expected that play might be possible the fall of 1996 or the spring of 1997 Design elements
include:
1.
Earthwork - cut and fill to provide adequate field drainage
2.
Upgrade irrigation - to compensate for changing existing grades
3.
Turf installation - hydromulch common hulled bennuda on playing surfaces
4.
Bleachers and bleacher pads - two (2) sets of bleachers will be added per field for a total seating
capacity of 100
5.
Bleacher pads - bleachers will be set on a concrete pad for ease of maintenance
6.
Sports lights - install adequate sports lights for soccer fields
7
Additional walkways - add walkways for access to bleacher pads
8.
Parking lot lighting - add lights to two (2) parking areas north of the fields for security purposes
and to encourage use of this area by softballfbaseball players
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 specifications and authorize solicitation
of bids for the construction of three (3) soccer fields with a budget not to exceed $475,000 in
accordance with Services Subcommittee recommendation. The motion carried.
Consider a Resolution Declaring Intent
to Prouose Amendments to the City Charter
(Agenda Item XD
Michael Stanger, Assistant to the City Manager, presented a course of action for a Charter amendment
election to be held in May of 1995. He presented a schedule of events leading up to the election and indicated
that it was the recommendation of the Mayor's Subcommittee that the Charter be revised on an amendment
election rather than an entirely new Charter election.
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 2, 1995
Resolution No. 1316-2-95(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Establishing a Schedule of Events in Order to
Amend the City Charter at the Municipal Election in
May, 1995; Installing the Council as the Review
Committee Responsible for Drafting Proposed
Amendments; and Authorizing Expenditures for the
Purpose of Engaging Expert Counsel.
PAGE S
MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Kerr, the Council
voted six (6) for and none (0) opposed to approve Resolution No. 1316-2-95(R) as previously
captioned and in accordance with the Mayor's Subcommittee recommendation. The motion
carried.
Other Business
(Agenda Item XII)
Legislative Report (Agenda Item XII -A)
The recent TML Legislative Update published by the Texas Municipal League was distributed to Council
for their review
Calendar
February 6
February 18
February 21 and 22
Items of Interest
TML Legislative Meeting in Austin
Chamber Banquet
Collin County Legislative Day in Austin
There were no items of interest.
Executive Session
(Agenda Item X11 -B)
(Agenda Item XII -C)
(Agenda Item XIII)
In accxudance with The Texas Local Government Code, Property, Section 551.072, the Allen City
Council convened into Executive Session at 11.25 p.m. in the Conference Room of the Allen Municipal Annex,
One Butler Circle, Allen, Texas in order to discuss matters pertaining to property
The Executive Session was adjourned at 1:00 a.m.
Reconvene (Agenda Item XIV)
The Allen City Council reconvened into regular session at 1:02 a.m. on Friday, February 3, 1995, 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
FEBRUARY 2, 1995
Atliourn
PAGE 9
(Agenda Item XV)
MOTION: Upon a motion made by Councilmember Kerr and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 1:03 am on Friday, February 3, 1995. The motion carried.
These minutes approved on the 16th day of February , 1995.
APPROVED:
Joe Farmer, MAYOR
ATTEST:
J�10y M 'son, CMC, CITY SECRETARY