Min - City Council - 1995 - 08/17 - RegularALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 17, 1995
Joe Farmer, Mayor
Kevin Lilly, Mayor Pro Tem
David Kerr
Doug Gallagher
Mike Nichols
Steve Terrell
Sharon Hamner Brazeal
CiSx Sta
Jon McCarty, City Manager
Judy Morrison, City Secretary
The official Council photo was taken before the dinner and workshop session began. 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 627 p.m. on Thursday, August 17, 1995, in the Lunch Room of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
Opm Council Discussion (Agenda Item II)
The City Manager reported Judi Edstrom's mother passed away this past week.
Parks and Recreation Director Rhoda Savage will be presenting information to the Council regarding the
budget and request that Council move into Executive Session to handle other personnel issues at that time.
Public Works Director George Conner reported on the 1996 TIP He suggested that SH 5 reconstruction
from McDermott to Exchange be moved to the 1997 TIP Council agreed to move it in order to help the region
out but authorities need to be made aware that Allen will not be able to go past the 1997 date on reconstruction of
SH 5.
A preconstruction meeting will be held on August 30 to review FM 2170 East with actual work beginning
on September 11. Mr. Conner also reported on the actual construction phases of the roadway
ALLEN CITY COUNCIL
WORKSHOP SESSION
AUGUST 17, 1995 PAGE 2
Discussion was held regarding an additional entrance to Allen Independent School District's north parking
lot.
Discussion was held regarding the railroad crossings on Exchange Road and the requirements for the grade
separations.
Council was informed of the thoroughfare plan indicating a realignment of Exchange Road between US
75 and SH 121. Concern was expressed with regard to a piece of property specifically that might be affected with
the new alignment located nearer the flood plain.
Discussion of Consent Agenda
and Remdar Aeenda Items
(Agenda Item III)
Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda Item
VII, Consider a Petition for Certain Property to be Annexed into the City of Allen. An update was given by the
City Manager on the annexation petition received from the City Manager. He also reviewed discussions that had
been held with various individuals from the City of Parker.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7.30 p.m. on Thursday, August 17, 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 7:35 p.m. on Thursday, August 17, 1995 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item IV)
NOTE. Councilmember Steve Terrell had a previous appointment and was not able to attend a portion of the
Council meeting.
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 and adopt all items on the Consent
Agenda as recommended and as follows:
A. Approve Minutes of August 3, 1995, Regular Meeting,
B. Approve an Ordinance Abandoning a Sanitary Sewer Easement.
El
Ordinance No. 1349-5-95: An Ordinance of the City of Allen, Collin County, Texas,
Abandoning a Portion of a Sanitary Sewer Easement Located on a Track of Land Situated
I�
ALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 17, 1995
PAGE
in the R. C. Whisenant Survey, Abstract No. 1012, and Further Being a Part of Heritage
Park Phase III, an Addition to the City of Allen, as Recorded in Cabinet H, Page 792 of
the Land Records of Collin County, Texas; Providing for Exhibits "A" and "B,"
Providing for a Severability Clause; and Providing for an Effective Date.
C. Set August 29, 1995, as Public Hearing Date on the Budget as Required by Section 4.04
of the City Charter
D. Set September 7, 1995, as Public Hearing Date for Specific Use Permit Request for Kwik
Lube with Site Plan Approval,
E. Tax Report
F Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program
as follows'
1. Terra -Mar, Inc.
For: Fire Station #3 - Four Sample Borings
1994 Bonds
Period: July 5, 1995 - July 19, 1995 $1,244.00
The motion carried.
End of Consent Aeenda
Council Committee Reno�s (Agenda Item V)
Services:
Inter -local Agreement Library
Capital Improvement Projects: Soccer field, "Users Guide" for Allen Recreation Center
Update on Fire Station #3
Update on Fire Code Ordinance
Finance/Administration:
Development:
Tax Office contract
Health Insurance renewal negotiations
Cost of investments
Audit engagement letter
Gated Communities
ALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 17, 1995 PAGE 4
Mayor's:
No report
Citizen's Comments (Agenda Item VI)
There were no citizen's comments.
Consider a Petition for Certain
PropcM to be Annexed into the City of Allen (Agenda Item VII)
The City of Allen is in receipt of a petition from three (3) property owners requesting annexation into the
City of Allen. The property m question is located in the City of Parker's Extra Territorial Jurisdiction (ETI).
House Bill 2758 amending the state annexation code has been approved by the state legislature authorizing such
annexation. It provides for the release of Extra Territorial Jurisdiction by a general law city over certain property
Section 43.0561 of the Texas Local Government Code applies to a tract of land that is 40 or more acres in size,
located entirely in a county with a population of more than 260,000, and is located in the Extra Territorial
Jurisdiction of a general law municipality with the population of more than 1,000 but less than 2,500 that provides
water but not sewer services. The calendar for annexation was reviewed by the Council should the Council decide
to pursue such proceedings.
A letter from Jack Albritton, Mayor of the City of Parker, was acknowledged by the Mayor and City
Council of Allen. The City of Parker requests that the City of Allen deny the petitions received for annexation.
Robert Montgomery, Councilmember, City of Parker, 4111 Pecan Orchard Drive, Parker, spoke before
the Council in opposition to the proposed annexation. He indicated the new legislation has various flaws, that the
CCN provides water to these properties and with boundaries on three (3) sides with the City of Parker might cause
difficulty in the future if Allen were to annex this property He indicated that the City of Parker was willing to
delineate the boundary of the cities with the City of Allen.
Jerry Tartaglino, Planning and Zoning Chairman, City of Parker, 4103 Pecan Orchard Drive, Parker,
spoke before the Council in opposition to the proposed annexation He took exception to the law that affects the
Town of Parker and distributed an article that was recently submitted from the Plano Star Courier addressing the
issues
Kenneth Bolin, property owner, spoke before the Council requesting annexation from the City of Allen and
expressed concern about the present water pressure and poor police protection that the City of Parker offers.
Benny Bolin, current land owner, spoke before the Council requesting annexation from the City of Allen,
to provide proper fire protection and police protection to their properties.
John Nicholson, representing the property owners in this case, spoke in favor of the proposed annexation
and indicated that legally it is within the preview of the state legislature to review annexation and disannexation
cases. Mr. Nicholson felt it was important to consider the needs and desires of the property owners in this
annexation proposal.
I ALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 17, 1995
E
PAGE 5
MOTION: Upon a motion made by Councilmember Sharon Hamner Brazeal and seconded by Councilmember
Gallagher, the Council voted six (6) for and none (0) opposed to acknowledge the petition of the
various property owners being Emajean Haggard Hall, Kenneth O. Bolin and family, and Allen
Land Joint Venture and to proceed on an expedited calendar with publication and ensuing public
hearings on August 29 with final Council action on adoption of the ordinance on September 18,
1995. The motion carried.
NOTE: Councilmember Steve Terrell returned to the Council bench at this time.
(Agenda Item VIM
Finance Director Charlotte Smith reviewed the updates for the proposed budget for 1995-96. These
updates and changes allow for the additional funding for fire station no. 3 to open on May 1 and the opening of
the Allen Recreation Center this fall.
Parks Director Rhoda Savage presented information on maintenance considerations for the 1995-96 Budget.
Contract maintenance considerations are to include increase of park areas, increase the scope of maintenance
services provided per site visit, increase frequency of mowing and routine maintenance on City property, decrease
costs for City Staff, and net change to City budget to provide increased level of service. The Council felt additional
effort needs to be made to assure the management of these contracts since they are very important to the entire City
of Allen. The Services Subcommittee will review the contract prior to its execution.
There was no action taken on this item. It was presented for informational purposes only
Other Business (Agenda Item IX)
Calendar (Agenda Item IX -A)
August 29 1:00 P.M. Annexation Public Hearing
August 29 7:00 p.m. Budget Public Hearing
August 29 7:30 p.m. Annexation Public Hearing
September 26 Joint AISD/Council Meeting at the Library
Items of Interest (Agenda Item IX -B)
Texas Municipal League Region 13 meeting will be held September 8, 1995. Those interested please
contact City Secretary Judy Morrison for arrangements.
ALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 17, 1995
PAGE
(Agenda Item X)
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 9:15 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,
Texas in order to discuss matters pertaining to the personnel pay plan and the Council employee evaluations.
The Executive Session was adjourned at 11.13 p.m.
(Agenda Item XI)
The Allen City Council reconvened into regular session at 11.14 p.m. on Thursday, August 17, 1995, in
the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during
Executive Session.
(Agenda Item XII)
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 adjourn the regular session of the Allen City
Council at 11.15 p.m. on Thursday, August 17, 1995. The motion carried.
These minutes approved on the 7th day of September , 1995.
APPROVED:
f iF0 �A�rA-L
ce Farmer, MAYOR
ATTEST:
J Mor on, CMC, CITY SECRETARY