Min - City Council - 1995 - 07/06 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JULY 6, 1995
Present:
Joe Farmer, Mayor
Coundirnembers:
Kevin Lilly, Mayor Pro Tem
David Kerr
Doug Gallagher (absent)
Mike Nichols
Steve Terrell
Sharon Hamner Brazeal
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, July 6, 1995, in the Lunch Room of
the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Open Council Discussion (Agenda Item 11)
Council was reminded of the Municipal Messenger article deadline and the approaching schedule for
publication.
A letter was penned for the Mayor's signature regarding certain park and pool situations occurring during
the summer
Several calls had been received by the Council regarding the conditions of ballfields relating to
preparation of fields, holes, and the general maintenance of the fields.
Discussion of Consent Agenda
and Reeular Aeenda Items (Agenda Item III)
Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda
Item IV, Consent Agenda, Item E, Approve Process to Solicit Proposals Regarding Design Development for Allen
Station Park. The Committee would actually be appointed and able to review the RFPs prior to them being sent
out and would be involved in the entire process.
ALLEN CITY COUNCIL
WORKSHOP SESSION
i JULY 6, 1995 PAGE 2
Discussion was held regarding Agenda Item VII, Public Hearing on Proposed Cable Television Franchise
Ordinance and Agreement and Consider Second Reading of the Implementing Ordinances. New red -line copies
of the two ordinances were distributed to the Council. A few items still retrain to be discussed and reviewed by
both parties including the severability clause.
Discussion was held regarding the Public Hearing on a Request for a Specific Use Permit for a
Restaurant/Private Club at 600 East Main. Tom Keener, Development Coordinator, reviewed with the Council
the method of measurement used for this Specific Use Permit. He also discussed the screening as set forth in
the ordinance being 12" higher than the top of the table or 42" — the higher of which would be necessary The
food and beverage provision remains at 70130. This Specific Use Permit does not have a limit that would go
away with the vacating of the premises. Discussion was held regarding not only the visual but also the safety
and possible performing "staging" area of this property
Discussion was held regarding Agenda Item IX, Consider Naming the Athletic Facility in Twin Creeks
Bolin Park. Discussion was held regarding the capability of the Council to be able to time the park when the
park was not, in reality, in City ownership.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:30 p.m. on Thursday, July 6, 1995.
REGULAR SESSION - 7:30 P.M.
With a quorum of the Councdmembers present, the regular session of the Allen City Council was
reconvened by Mayor Farmer at 7:39 p.m. on Thursday, July 6, 1995 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 Hamner Brazeal and seconded by Councilmember
Nichols, 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 June
15,
1995, Regular Meeting.
B. Approve Minutes
of June
22,
1995, Special Called Budget Workshop.
C. Approve Minutes
of June
23,
1995, Special Called Mediation Workshop
D. Approve Minutes
of June
26,
1995, Special Called Workshop.
E. Approve Process
to Solicit
Proposals Regarding Design Development for Allen Station
Park.
Council authorized Staff to solicit proposals for all aspects of design development for
Allen Station — selecting a landscape architect, master plan development of the site, and
bidding of the project. Council authorized the formation of a special committee to assist
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ALLEN CITY COUNCIL
REGULAR SESSION
JULY 6, 1995
PAGE 3
with the planting of the Allen Station and stated that the Services Subcommittee would
be working on this project also. There is a total amount of $310,000 in park bond funds
allocated for landscape architect fees.
F Tax Report.
G. Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1. Bill Hazelwood, Inc. $58,796.72
For: 12" Water Main -TRW Loop
Existing Bonds
Period: Thru 6/21/95
2. Grayson Collin Electric Coop., Inc.
$1,375.35
For: Allen Heights/Bethany Dr. Construction Costs
1985 Existing Street Bond Funds
Period: Thru 6/21/95
3. Libra -Tech Corp.
$8,417.00
For: Library Additions
1985 Interest Earned Bond Funds
Period: Thm June 1995
4. Ron Hobbs, Architect
$4,619.75
For: Fire Station N3 Architectural Services
1994 Bonds
Period: May and June 1995
5. Prettyman & Associates
$4,125.00
For Telecommunications Consulting Services
Operating Funds
Period: May 20 - June 16, 1995
6. Glass Graphics
$780.00
For: Purchase of Signs for Posting While Replacing
Alley
1994 Street Bonds
Period: June 13, 1995
7 RAM Software Systems, Inc.
$1,278.75
For: Communication System Upgrade
1994 Bonds
Period: May 27 - June 12, 1995
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ALLEN CITY COUNCIL
REGULAR SESSION
JULY 6, 1995
PAGE 4
8.
Harte Hanks Community Newspaper
$34.88
For: Advertisement for Asphalt Alley Replacement
Bids on April 26, 1995
1994 Street Bonds
Period: April 26, 1995
9
Harte Hanks Community Newspaper
$34.88
For: Advertisement for Asphalt Alley Replacement
Bids on May 3, 1995
1994 Street Bonds
Period: May 3, 1995
10.
Clarence Carter
$9,310.00
For: Replacement of Trees and Fence at Allen
Heights and Bethany Drive
1985 Existing Street Bond Funds
Period: June 29, 1995
II.
Commercial Finish Group
$143,168.50
For: Construction of Recreation Facility
1992 Park Bonds
Period: Thru June 30, 1995
12.
Sperling Company
$22,709.57
For: Utility Installation at Hillside Theatre
1992 Park Bonds
Period: Thm lune 15, 1995
13.
Teague Industries, Inc.
$6,780.00
For: Installation of Electrical Service to Bethany
Lakes Park
1992 Park Bonds
Period: Thru May 31, 1995
14.
Cummings & Pewitt, Inc.
$844.00
For: Removal of Chaparral Lift Station
Operating Funds
Period: Thru May 11, 1995
Council Committee Rerarts (Agenda Item V)
Services:
Meeting to be held Wednesday, July 12
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 6, 1995 PAGE 5
Development:
Meeting to be held Wednesday, July 12
Alternate Transportation Task Force is meeting to consider alternate transportation for the City
of Allen
Finance/Administration:
Mayor's:
Council's 1995-96 proposed budget
Annual Budget Retreat
TCI Cable Franchise negotiations
Cash management program
Sun Creek property purchase
1995-96 Central Appraisal District budget
Review current Council agenda
Texas Grill — distance from school/aesthetics
Naming of the City park
TXDOT report showing US 75 set for June 1996 letting date
Reception for David Laney, July 12
Citizen's Comments
There were no citizen's comments.
(Agenda Item VI)
Public Hearing on Proposed Cable Television
Franchise Ordinance and Agreement and Consider
Second Readine of the Imolementine Ordinances (Agenda Item VII)
City Manager Jon McCarty reviewed the franchise ordinance and agreement before the Council and the
procedures that have taken place up to this point. He also reviewed the history on the Allen Franchise and the
changes made by the Federal Communications Commission (FCC) throughout the years. Tim Lay, attorney and
representative for the City, indicated the areas that the City's regulating power includes is equipment capabilities,
right-of-way, and line extension. The City, however, does not have a great deal of power dealing with rates,
renewals, programming content, and technical standards. With the new franchise, the City has floor requirements
for any applicants; it contains the general provisions of indemnity, customer service standards, and a citizen's
advisory committee. The franchise contract actually upgrades the system, allows for any channel upgrades in
50% of Dallas/Fort Worth (DFW) to include Allen, provides for public access increased capabilities, allows for
up -stream insertion points for Allen Independent School District (AISD) and the City, makes available studio and
training, authorizes equipment to tun the access channel, provides for line extension improvements and time limits
Ell for line extensions, and authorizes the City's power of enforcement.
ALLEN CITY COUNCIL
REGULAR SESSION
LJULY 6, 1995 PAGE 6
Mayor Farmer read the request into the record as follows:
"Public Hearing on Proposed Cable Television Franchise Ordinance and Agreement and Consider Second
Reading of the Implementing Ordinances."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Paul Boyett, 1510 Home Park Drive, spoke before the Council and questioned whether TCI would audit
its own customer service standards or would the City provide its own auditors for this procedure and questioned
the competition in the future and how it might affect cable TV in Allen.
With no one else speaking either for or against the request, Mayor Fanner closed the public hearing.
The Council discussed the severability clause and what it means in contrast to what TCI Cable seems to
agree to.
JoAnn Holtzclaw, TCI Cable representative, assured the Council there is no concern on their part
regarding upgrade commitments. TCI Cable does have qualms regarding service standards, rate regulations and
standards changing through FCC legislation.
Ordinance No. 1340-&95: An Ordinance of the City
of Allen, Texas, Governing the Granting of
Franchises for, and the Installation, Construction,
Operation and Regulation of, Cable Television
Systems in the City of Allen.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the
Council voted six (6) for and none (0) opposed to approve the second reading of Ordinance No.
1340-6-95 as previously captioned and in accordance with Finance/Administration Subcommittee
recommendation. The motion carried.
Ordinance No. 1341-&95: An Ordinance Granting a
Franchise to Communications Services, Inc., to
Construct, Maintain, and Operate a Cable Television
System within the City of Allen under the Provisions
of Ordinance No. 1340-6-95.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the
Council voted six (6) for and none (0) opposed to approve the second reading of Ordinance No.
1341-6-95 as previously captioned and in accordance with Finance/Administration Subcommittee
recommendation. The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
E JULY 6, 1995
PAGE 7
Public Hearing on a Request for a Specific Use
Permit for a Restaurant/Private Club at 600 East Main (Agenda Item VIII)
Tom Keener, Development Coordinator, reviewed the request for a Specific Use Permit for
restaurant/private club at the southeast corner of Jupiter Road and FM 2170. The sale of alcoholic beverages
requires the Specific Use Permit. Since the outside sale of alcoholic beverages is prohibited under current
ordinance, the Commission made a variance to this ordinance through this process. However, screening of the
outdoor service area is being required to include a screen be 42" high and 12" above the table top. The access
to the outdoor service area can only be from the interior of the restaurant.
Rick Rossen, owner of Texas Grill, reviewed some of his expansion plans and screening ideas with the
Council.
Mayor Farmer read the request into the record as follows:
"Public Hearing on a Request for a Specific Use Permit for a Restaurant/Private Club at 600 East Main."
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.
The Council related to the owner its fear of the patio's use as a "dance hall" or "staging area." The
owner agreed that this was not his intent.
Ordinance No. 1342-7-95: An Ordinance of the City
of Allen, Collin County, Texas, Amending Ordinance
No. 368-1041 and Comprehensive Zoning Ordinance
No. 829-11-87, as Previously Amended, by Approving
a Specific Use Permit for a Restatront/Private Club
on the Following -Described Tract of Land: A Portion
of the Eagle Plaza Shopping Center Located in the
David Wetsel Survey, Abstract No. 977, 600 E. Main,
Suite A, City of Allen, Collin County, Texas;
Providing for Exhibit "A" Site Plan, Providing for
Exhibit "B" Floor Plan, Providing for a Variance;
Providing for Stipulations; and Providing for a
Penalty of Fine Not to Exceed the Sum of Two
Thousand Dollars ($2,000) for Each Offense;
Providing for a Severability Clause; and Providing for
the Effective Date of Said Ordinance.
MOTION: Upon a motion made by Councilmember Hamner Brazeal and seconded by Councilmember Kerr,
the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1342-7-95 as
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previously captioned and in accordance with Planning and Zoning recommendation. This Specific
Use Permit (SUP) shall terminate with vacation of the premises. The primary purpose of the
patio area shall be for food consumption. Tables shall he present at all times on the patio during
business hours. The motion carried.
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ALLEN CITY COUNCIL
REGULAR SESSION
JULY 6, 1995
Consider Naming the Athletic
Facility in Twin Creeks Bolin Park
PAGE 8
(Agenda Item IX)
Rhoda Savage, Director of Parks and Recreation, had received a request from Dena Compton, Sales and
Marketing Director for Twin Creeks, to commemorate the original Bolin family home place by naming the park
at the entry way to Twin Creeks as "Bolin Park." The Parks and Recreation Board's comments were favorable
with regard to naming the site as requested.
Dena Compton also spoke before the Council stating her request to [tame the park — Bolin Park — in
recognition of the Bolin family history
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 approve the time of "Bolin Park" for the park
at the entry way to Twin Creeks. Although the City does not currently have ownership of this
land, in recognition of the Bolin family history, the City of Allen intends to retain the name
"Bolin Park" at time of dedication. The motion carried.
NOTE: Jerry and Perry Bolin invited the Council to the dedication ceremonies to be held at Twin Creeks, 10:00
a.m. Saturday, July 8, 1995, with the dedication of the Bolin home place with a plaque at 11:00 a.m.
Other Business
(Agenda Item X)
Legislative Report (Agenda Item X -A)
Michael Stanger, Assistant to the City Manager, presented an "End of Session" legislative report to the
Council.
Calendar
August 11, 12, 13 Budget Retreat
Items of Interest
(Agenda Item X -B)
(Agenda Item X-C)
Judy Morrison, City Secretary, reported a sympathy card had been sent to the family of Bruce Lockhart,
Mayor of Highland Village, who passed away this weekend.
Executive Session (Agenda Item XI)
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 10:05 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle,
Allen, Texas in order to discuss matters pertaining to.
Pump Station and Public Safety Training Facility Land Acquisition
Park Land Acquisition
Council Organization and Employee Evaluations
Status of Litigation.
The Executive Session was adjourned at 11:58 p.m.
ALLEN CITY COUNCIL
REGULAR SESSION
JULY 6, 1995
Reconvene
PAGE 9
(Agenda Item XII)
The Allen City Council reconvened into regular session at 11:59 p m on Thursday, July 6, 1995, in the
Council Chambers of the Allen Municipal Annex.
A. Approve Agreement with LLC, Land Inc., to Purchase the Allen Station Property
B. Consider Other Items Discussed During Executive Session.
There was no action taken on items discussed during Executive Session.
Arlin urn (Agenda Item XIII)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Hamner Brazeal,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 12:00 a.m. on Friday, July 7, 1995. The motion carried.
These minutes approved on the 20th day of July , 1995.
ATTEST:
Jud Mor on, CMCMC, CITY SECRETARY
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APPROVED:
� iEP
Joe Farmer, MAYOR