Min - City Council - 1996 - 02/15 - RegularALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 15, 1996
Joe Farmer, Mayor
Kevin Lilly, Mayor Pro Tem
David Kerr
Doug Gallagher
Mike Nichols
Steve Terrell
David Bishop
City t ff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
With a quor un of the Councilmembers present, dinner and the workshop session of the Allen City Council
was called to order by Mayor Farmer at 6:25 p.m. on Thursday, February 15, 1996, in the Lunch Room of the
Allen Municipal Annex, One Butler Circle, Allen, Texas.
(Agenda Item I1)
The City Manager informed the Council a recent article in the Dallas Morning News covered two (2) suits
pending for the City of Allen. Additional uiformation will be presented to the Council in the future regarding the
progress of these suits.
A schedule has been prepared for meetings on the SH 5 median cuts. Notification will given in the paper
as well as letters to affected property owners.
Due to the TRW sale, Staff has reviewed the contract with regard to the assignment of the business in case
of a sale. It appears that TRW does not need to seek Council approval for this transaction
LA draft agenda and letter from Kenneth Fulk, Chairman of the Planning and Zoning Commission, was
distributed to the Council Planning and Zoning Commission stressed the document that was presented to the
Council was their recommendation for the update for the Zoning Ordinance.
ALLEN CITY COUNCIL
WORKSHOP SESSION
FEBRUARY 15, 1996
Discussion of Consent Agenda
and Reindar Astenda Items
PAGE
(Agenda Item III)
Mayor Fanner began the review of the Consent Agenda items. Discussion was held regarding Agenda Item
E, Award Bid on Contract Mowing of City Property, splitting the bids and the low cost of the bid. This bid
designates McDermott and Bethany medians to be cut once a week with the linear parks twice a month. A question
was also raised regarding City liability on these subcontractors.
Discussion was held regarding Agenda Item VIII, Public Hearing to Consider Annexation of Various
Properties Located in the Extra Territorial Jurisdiction of Allen, Lucas and Parker. County of Collin, Texas, more
Commonly Known to be Located Generally East of FM 2551, South of Bandy Lane and North of Parker Road.
Discussion was held regarding the public hearing this evening and the actual "running" of the meeting. Council
would like additional information from the Council of Governments (COG) regarding population figures for the
City of Lucas. It was also suggested that legal counsel be sought regarding the date at which population figures
need to be used and fulfill the intent of HB 2758. Council reviewed additional information that was sent to them
after the public hearing on February 13.
Discussion was held regarding Agenda Item IX, Approve Bid, Authorize Execution of a Contract, and
Approve the Budget for Construction of Fire Station #3. Although the figures are rearranged, the fire station
contract is still under budget as presented.
Discussion was held regarding Agenda Item X, Consider Ordinances Implementing Texas Municipal
Retirement System (TMRS) Options, Item A, Increase City and Employee Participation Rate, Item B, Approve
Restricted Prior Service Credit, and Item C, Authorize Updated Service Credit and Increased Retirement Annuity
Police Chief Richard Carroll will be presenting information regarding the Texas Municipal Retirement System
changes. Although the City will be contributing 2 to 1 at a 7% rate, the acmarials resulting from this increase
increase the City's multiplier to 9.84%.
Discussion was held regarding Agenda Item XI, Annual Crime Report. Police Chief Richard Carroll will
discuss the annual crime report in conjunction with Officers John Bruce and Carl Osbum.
Discussion was held regarding Agenda Item XII, Orientation on Implementation of Ashley's Laws. The
Allen Police Department has developed an official police policy with regard to sex offenders. The Allen
Independent School District (AISD) policy has been presented to the Council for their review
Mayor Farmer revealed to the Council that it was not his intention to seek reelection for the 1996 Council
election. He indicated he is not retiring from the community but will take an active role in various projects within
the City in the future.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:25 p.m on Thursday, February 15, 1996
I
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 15,19%
REGULAR SESSION - 7:30 P.M.
PAGE 3
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 15, 1996 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item IY)
MOTION: Upon a motion made by Nichols and a second by Councilmember Gallagher, the Council voted
seven (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda as
recommended and as follows:
A. Approve Minutes of February 1, 1996, Regular Meeting.
B. Authorize City Manager to Sign Lease Agreements for Two Antenna Leases on City
Owned Water Towers.
Council authorized City Manager Jon McCarty to execute lease agreements with PCS
PrimeCo on two (2) City water towers consisting of six (6) month options and five (5) year
leases. PCS PrimeCo will have four (4) additional five (5) year lease options, with a 25 %
increase in rent each renewal.
C Approve Items Related to the May 4, 1996, City Council Election.
A. Resolution Ordering the May 4, 19996, City Council Election.
Resolution No. 1401-2-96(R): A Resolution of the City Council of the City of
Allen, Collin County, Texas, Ordering a Joint Election to be Held on May 4,
1996, for the Purpose of Electing the Mayor and Three (3) Members, (Place Nos.
2, 4 and 6), to the City Council to Hold Office for a Period of Two Years;
Designating Location of Polling Place; Ordering Notices of Election to be Given
as Prescribed by law in Connection with Such Election.
B. Authorize the Mayor to Enter to Enter into a Contract with the Elections
Administrator of Collin County to Provide Joint Election Services.
Resolution No. 1402-2-96(R): A Resolution of the City Council of the City of
Allen, Collin County, Texas, Authorizing the Mayor of the City of Allen to
Execute a Contract with the Elections Administrator, Collin County, Texas
Pursuant to the Authority of Section 31.091 of the Texas Election Code to Provide
Election Services in Regard to the Coordination, Supervision, and Running of the
May 4, 1996 Joint General/Special Election with the Allen Independent School
District and the Collin County Community College
C. Set Thursday, May 9, 1996, as the Canvass Date.
ALLEN CITY COUNCIL
REGULAR SESSION
$479.94
FEBRUARY 15, 1996
PAGE 4
D
Amend Personnel Policy and Procedures Manual to Permit Health Insurance Benefits for
City Retirees
E.
Award Bid on Contract Mowing of City Property
$30500
Council authorized City Manager Jon McCarty to execute a contract for maintenance of
various City owned properties to Johnny's Lawn Service and Texas Rose Landscaping in
the amount of $48,409 and $54,868, respectively
F
Tax Report.
$2,640.00
G.
Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows:
'
1 AIIStar Systems $661.50
For: Sale of Computer Supplies
1994 Bonds
Period: January 30 - February 1, 1996
2. Smeal Fire Apparatus Co. $5,951.04
For: Equipment for 75' Aerial Quint.
1994 Bonds
Period. January 22, 1996
3. Binkley & Barfield, Inc $20,000.00
For: Design Surveys and Plan Preparations
Water and Sewer Bonds
Period: February 5, 1996
4. CompUSA, Inc.
$479.94
For: Sale of Computer Supplies
1994 Bonds
Period: February 6, 1996
5. Texas Dept. Of Licensing & Regulation
$30500
For Review Fee on Fire Station N3
1994 Bonds
Period: January 31, 1996
6. Greater Dallas Office Systems
$2,640.00
For. City-wide Work Station Network Upgrade
General Funds
'
Period: November 1995
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 15, 1996
7 Greater Dallas Office Systems
For. City-wide Workstation Network Upgrade
General Funds
Period: November 1995
8. Greater Dallas Office Systems
For: City-wide Workstation Network Upgrade
General Funds
Period: November 1995
E
10.
The motion carried.
aTB[1 . iRi$ii[y=- 1
Greater Dallas Office Systems
For City-wide Workstation Network Upgrade
General Funds
Period: November 1995
Ameri-First Service, Inc.
For: Heating and Air Conditioning Equipment and Installation
1985 General Obligation Bonds
Period: February 1, 1996
Work Program
Water rates on Twin Creeks Golf Course
Animal Shelter
TMRS updates
Finance/Administration:
No report.
Development:
Work Program
I
PAGE 5
$485.00
$1,100.00
$155.00
. Ott tt
(Agenda Item V)
I
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 15, 1996
PAGE 6
Mayor's:
Current Council agenda
1/2c Sales Tax
SH 5 median cuts
Registered sexual offenders
Allen/Chamber enhancements
Recreation Center grand opening
Introduction of New Staff Members
(Agenda Item VI)
The following Staff members were introduced to the Council:
Parks and Recreation Department —
Bobby Trevino, Parks Operations Supervisor
Phil Lozano, Parks Operations Supervisor
Margaret Thomas, Recreation Center Supervisor
Jay Foster, Recreation Center Specialist
Bruce McDonald, Recreation Specialist 11
Public Works Department —
Dan Tracy, Junior Civil Engineer
Citizen's Comments
(Agenda Item VII)
There were no citizen's comments.
Public Hearing to Consider Annexation of Various
Properties Located in the Extra Territorial Jurisdiction
of Allen, Lucas and Parker, County of Collin, Texas,
More Commonly Known to be Located Generally East of
FM 2551. South of Bandy Lane and North of Parker Road
(Agenda Item VIM
City Manager Jon McCarty reviewed the background of the annexation request for properties in the Allen,
Lucas and Parker Extra Territorial Jurisdictions (ETJ). Applications were received during the months of December
and January The City Council then set the public hearing date, notices were published in the newspaper and the
first public hearing was held on February 13, 1996 These annexations are being considered at the request of the
various property owners. Mayor Farmer announced that they had received the minutes from the previous Staff -
held public hearing along with a letter from the Mayor of the City of Lucas regarding population figures, from the
Pavillion Bank, a letter from the Mayor of the City of Parker regarding Parker boundaries and a review of the letter
sent to all property owners requesting annexation dated December 22, 1995.
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 15, 1996
PAGE 7
The following individuals submitted Public Meeting Appearance Cards but did not wish to speak during
the public hearing:
IN OPPOSITION:
Walter and Pat Burkhalter, 7281 Moss Ridge Road, Parker, Texas 75002-7040,
Robert L. Dawes, 4308 Sycamore Lane, Parker, Texas 75002;
John Bryan, 3510 Woodcreek Circle, Parker, Texas 75002;
Juli Retserer-Trunks, 5007 Old Gate Lane, Parker, Texas 75002;
Corliss Hazard, 4902 Old Gate Lane, Parker, Texas 75002;
Robert A. Haddon, 4902 Old Gate Lane, Parker, Texas 75002;
Joe Lozano, 4112 Pecan Orchard Drive, Parker, Texas 75002;
Jean Keller, 7237 Moss Ridge Road, Parker, Texas 75002;
Donna Saunders, 4201 Countryside Drive, Parker, Texas 75002;
Bettye Martin, 4900 Windmill Creek, Parker, Texas 75002;
Jin and Vicki Thorpe, 4102 Countryside, Parker, Texas 75002;
Ed Johnson, 4700 Old Gate Lane, Parker, Texas 75002;
Bob Rutledge, 8 Brookhaven, Allen, Texas 75002;
M. Craddock, 5002 Smith Road (Parker), Plano, Texas 75094;
Eleanor Evans, 3507 Hogge Road, Parker, Texas 75002;
Kim Maurer, 4205 Countryside Drive, Parker, Texas 75002;
Sherrie and David Fauwater, 4705 Old Gate Jane, Parker, Texas 75002;
Jim Goldblatt, 3705 Saddle Trail, Parker, Texas 75002-6535; and
Tom Caligiuri, 4000 Trails End, Parker, Texas 75002.
IN SUPPORT
Kenneth Bolin, Route 1, Box 332, Allen, Texas 75002;
Barbara Edmonson, 1709 Vassar Drive, Richardson, Texas 75081,
Colin Stacy, 805 W Stacy Road, Allen, Texas 75002,
Keith Stacy, 805 W Stacy Road, Allen, Texas 75013; and
Brent Haggard, 3041 Green Hill, Plano, Texas 75093
Mayor Farmer requested those wishing to speak either for or against the annexation of properties limit their
comments to specifically support their point of view
Mayor Farmer read the request into the record as follows:
"Public Hearing to Consider Annexation of Various Properties Located in the Extra
Territorial Jurisdiction of Allen, Lucas and Parker, County of Collin, Texas, More
Commonly Known to be Located Generally East of FM 2551, South of Bandy Lane
and North of Parker Road "
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 15, 1996 PAGE 8
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Bruce Hopewell, Mayor of the City of Lucas, 1350 East Lucas Road, Lucas, Texas 75002, spoke in
opposition to the annexation request. Mayor Hopewell reviewed the services currently offered by the City of Lucas
and presented a Comprehensive Plan for the City of Lucas designating growth objectives. Mayor Hopewell also
stated the population status for the City of Lucas invalidates the City of Allen's opportunity to annex this land
Jack Albritton, Mayor of the City of Parker, 5110 Old Gate Lane, Parker, Texas 75002, spoke in
opposition to the annexation request. Mayor Albritton informed the Council this property was in the Parker ETJ.
It appears to have no contiguous boundary to Allen and infringes upon Parker's jurisdiction.
Billie Sue Patrick, 300 Winningkoff Road, Lucas, Texas 75002, spoke in opposition to this annexation
request She indicated it did not meet the population criteria and would cause a fracture in the common bond
between the two (2) cities.
Charlie Gaines, Councilmember with the City of Lucas, 24 Brookhaven Drive, Lucas, Texas 75002, spoke
in opposition to the annexation request. Mr. Gaines indicated it did not meet the population guidelines of HB 2758
Sue Donahue, 4412 Dillehay Road, Allen, Texas 75002, spoke in favor of the annexation request. HB
ij 2758 opens up an opportunity for property owners to request annexation by another city This opens an
opportunity for growth in the community and she respectfully requested that Allen annex this property
George Taylor, 4412 Ddlehay Road, Allen, Texas 75002, spoke in favor of the annexation request. Mr.
Taylor indicated he would be willing to donate property for roads after annexation if needed.
David Harvey, Councilmember with the City of Lucas, 3 Glencove Circle, Lucas, Texas 75002, spoke in
opposition to this annexation request Mr. Harvey indicated the population of Lucas exceeds the 2,500 stipulated
by HB 2758 and would like continued ties with the two (2) cities and the relationship to continue strong as in the
past.
For the record, the Mayor indicated that in accordance with the Lucas/Allen voluntary boundary
agreement, those properties north of Lucas Road are not being considered for annexation.
Paul Huang, 1750 N. Collins, #200, Richardson, Texas 75050, spoke in favor of the annexation request.
Mr. Huang indicated he felt this was a good commercial site and would provide additional sales tax to the City of
Allen after development.
L. B. Heitman, 4711 Sycamore, Parker, Texas 75002, spoke in opposition to the annexation request. He
queried the Council as to whether it was worth it for the two (2) cities to be involved in this due to infrastructure
cost and possible litigation cost.
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 15,19% PAGE 9
Jim Carson, 2604 Dublin Road, Plano, Texas 75094, spoke in favor of this annexation request. As
coordinator for the property owners in this annexation request, Mr. Carson reminded the Council the applications
were presented individually, not as a group and could be acted upon individually Various letters received from
the property owners indicate they expect to pay their expenses and agree upon right-of-way development for roads,
water and sewer, etc. that would be expected to be donated by the property owners.
Dorothy Stacy Wood, 3738 Shenandoah, Dallas, Texas 75205, spoke in favor of the annexation request.
Ms Wood indicated that she would be willing to work with a donation of right-of-way for necessary improvements
or land donation for a fire station.
Steve Dinapoli, 3510 Dublin Road, Parker, Texas 75002, spoke in opposition to this annexation request.
He implored the Council to not look at this as a statistical endeavor but consideration be given to the entire
community and its lifestyle.
Bruce Raeside, 4706 Pecan Orchard Drive, Parker, Texas 75002, spoke in opposition to the annexation
request. He asked the City of Allen to respect the agreed upon boundary between the two (2) cities.
Dick Saunders, 4201 Countryside Drive, Parker, Texas 75002, spoke in opposition to this annexation
request. He felt this jeopardized what was agreed upon previously in the court-appointed boundary designation.
Walter Bidell, 2205 W Lucas Road, Allen, Texas 75002, spoke in favor of this annexation request. He
would like to have the opportunity to have his choice to be in Allen and in the Allen Independent School District.
His property includes beautiful acreage that might someday be used as a park.
Kent Maurer, 4205 Countryside Drive, Parker, Texas 75002, spoke in opposition to the annexation request
and felt it was a risk to the City of Allen and would prefer to live in peace and harmony with his neighbors.
With no one else speaking either for or against the request, Mayor Farmer closed the public hearing.
Council took a brief recess
Approve Bid, Authorize Execution of a Contract, and
Approve the Budget for Construction of Fire Station #3 (Agenda Item IJq
Council has authorized the construction of Fire Station #3 at the intersection of Bethany and Heritage
Parkway Fourteen (14) bids were received at the bid opening that was held at City Hall on January 25, 1996.
The revised budget includes:
Engineer/Architecture/Legal $50,000
Construction/Landscapmg/
Part of Equipment 649,000
Remaining Furniture 39,000
Contingencies 36.000
TOTAL $774,000
A
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 15, 1996
PAGE 10
Discussion was held regarding the coordination of this project in conjunction with Staff hirings and
equipment delivery Also, questions were clarified regarding liquidating damages. As a pan of the contract, $150-
$200 a day may be charged for the building not being completed in 196 days. This is the first building to be
constructed by the low bidder as a general contractor. The architect has major concerns about the paper work and
experience of the suggested low bidder.
MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve the budget of $774,000 for Fire
Station N3 and authorize the City Manager to enter into a contract with the Cervantes Company
for $649,000 in accordance with Staff and Services Subcommittee recommendation. The motion
carried.
Consider Ordinances Implementing Texas
Municipal Retirement System (TMRS) Options
Increase City and Employee Participation Rate
(Agenda Item X)
(Agenda Item X -A)
The increase in participation rate to 7% will begin March 1, 1996 for both the City and the employee. It
will not have an effect on employee's benefits until January 1, 1997 The increased participation increases the
City's multiplier to 9.84% for a total first year impact of approximately $38,000.
Ordinance No. 1403-2-%: An Ordinance of the City of
Allen, Collin County, Texas, Increasing the Rate of
Deposits to the Texas Municipal Retirement System by
the Employees of the City of Allen; and Establishing
an Effective Date for the Ordinance.
MOTION: Upon a motion made by Mayor Pro Tem Lilly and a second by Councilmember Kerr, the Council
voted seven (7) for and none (0) opposed to approve Ordinance No. 1403-2-96 as previously
captioned.
Approve Restricted Prior Service Credit
(Agenda Item X -B)
This ordinance allows employees to recover lost time that they worked in cities in other states or in other
non-TMRS cities. It has no effect on deposits and has no cost incurred by the City of Allen
Ordinance No. 14042-96: An Ordinance of the City of
Allen, Collin County, Texas, Authorizing and Allow-
ing, Under the Act Governing the Texas Municipal
Retirement System, Restricted Prior Service Credit to
Employees who are Members of the System for
Service Previously Performed for any Incorporated
City in the United States or any Council of Govern
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 15, 1996 PAGE 11
ments in Texas for which such Employees have not
Received Credited Service in this System; and Estab-
lishing an Effective Date for this Ordinance.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councdmember Bishop, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1404-2-96 as
previously captioned. The motion carried.
Authorize Updated Service Credit and Increased Retirement Annuity (Agenda Item X-C)
This provides for updated service credits the first of each year. It also includes the provision that allows
for the increase of retiree annuity payments based on the consumer price index.
Ordinance No. 1405-2-96: An Ordinance of the City of
Allen, Collin County, Texas, Authorizing and Allow-
ing, Under the Act Governing the Texas Municipal
Retirement System, "Updated Service Credits" in Said
System on an Annual Basis for Service Performed by
Qualifying Members of Such System who at the
Effective Date of the Allowance are in the Employ-
ment of the City of Allen; Providing for Increased
�y Prior and Current Service Annuities for Retirees and
Beneficiaries of Deceased Retirees of the City; and
Establishing an Effective Date for the Ordinance.
MOTION: Upon a motion made by Councdmember Bishop and a second by Mayor Pro Tem Lilly, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1405-2-96 as
previously captioned. The motion carried.
(Agenda Item XI)
Officer John Bruce presented the annual crime report to the City Council. He reviewed the index of crimes
including burglary, homicide, theft, robbery, arson, motor vehicle thefts, aggravated assault and sexual assault for
a total index crimes of 1,149 Although many of the crime indexes show a slight increase due to population
increases, percentage wise, most crimes stayed nearly the same.
Police Chief Richard Carroll informed the Council the Police Department has identified certain gang
activity in the Allen area. It is their belief there are three (3) gangs in the developmental stages at the middle
schools identified as East Side Posse, Maniac Latin Disciples and C -Clique. They are not necessarily a school gang
but a community gang entity
There was no action required of the Council on this item.
L
A
A
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 15, 1996 PAGE 12
Orientation on Implementation of Ashley's Laws (Agenda Item XII)
Police Chief Richard Carroll reviewed the procedure developed by the AISD regarding Ashley's Law
If a sexual offender registers with the Allen Police Department, the department is required by law to provide this
information to the school district. The school district administration intends to notify all staff members of this
registration. The Allen Police Department will also have a policy dealing with the implementation of Ashley's
Law It is a feeling of the police department that they will error in favor of the child's protection rather than in
the favor of the criminal.
Other Business
Calendar
February 29 7:00 p.m. - I0:00 p.m.
Items of Interest
(Agenda Item XIII)
(Agenda Item XBI-A)
Council and P&Z Workshop — Allen Public Library
(Agenda Item XBI-B)
City Secretary Judy Morrison informed the Council she had Council packets available for those interested
in a Council packet.
Services Subcommittee discussed the upcoming sales tax election and the need to address financial issues,
communication issues and a citizens' action group. The Services Subcommittee will continue developing
program materials to address the sales tax election issue.
(Agenda Item XIV)
MOTION: Upon a motion made by Councilmember Bishop and a second by Councilmember Kerr, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 10:53 p.m. on Thursday, February 15, 1996. The motion carried.
These minutes approved on the 7th day of March , 1996.
ATTEST:
�-����
JAY Mo son, CMC, CITY SECRETARY
APPROVED:
Farmer, MAYOR