Min - City Council - 1996 - 05/16 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996
Present:
Kevin L Lilly, Mayor
Lonnie Thomas
David Kerr, Mayor Pro Tem (absent)
Doug Gallagher
Dave Powyszynski
Steve Terrell
Melissa Owen
City St off:
Jon McCarty, City Manager
Judy Morrison, City Secretary (absent)
Connie Schofield, Secretary II
IJ USI: 0I . 4 : _NIT
With a quorum of the Councdmembers present, dinner and the workshop session of the Allen City Council
was called to order by Mayor Lilly at 6:35 p.m. on Thursday, May 16, 1996, in the Lunch Room of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
(Agenda Item II)
Mayor Lilly reviewed for the new Councilmembers the purpose of the workshop prior to the regular
Council meeting. He explained that this is a time to reflect on different items, discuss questions or discuss concerns
expressed by citizens to the Councihnembers or Staff.
Mayor Lilly stated that he would like to schedule a Council workshop prior to the next Council meeting
to discuss the Council's involvement with the various subcommittees. A tentative date of June 4 at 7:00 p.m. was
scheduled for the workshop.
Mayor Lilly reviewed the Boards and Commission process and explained that Council would discuss
appointments to the Boards, the vacancies and the creation of the new board regarding the one-half cent sales tax
during Executive Session.
ALLEN CITY COUNCIL
WORKSHOP SESSION
MAY 16, 1996 PAGE 2
Councilmember Gallagher asked for an update concerning the trees that were cut down along Rowlett
Creek. City Manager Jon McCarty explained that after investigating this event, technically, the developer was not
in violation of the ordinance by cutting down those trees. Mr. McCarty will talk to that developer about replacing
the trees that were taken out. Technically, the developer did not do anything to change the flood plain or open
channel. Mr. McCarty stated that he had received a letter from the developer stating that there had been a
misunderstanding between the developer, the City and the interpretation of the ordinance.
Council wanted to know what would be done with all of the trees that were cut down and piled up. One
suggestion was to offer the trees as "free firewood - you cut and carry" to the citizens of Allen.
Councilmember Owen wanted to know the status of the tree issue between Watters Crossing and AISD.
Mayor Lilly felt this item would be resolved soon. He said there were several homeowners who back up to the
tree line and they paid a premium for those tree lots. However, the builder was misleading to the homeowners
in letting them believe that the trees were on their individual lots. Actually, the trees in question are in the City's
Right -of -Way
Discussion of Consent Agenda
and Regular Agenda Items (Agenda Item III)
EM
Mayor Lilly began the review of the Consent Agenda items. Discussion was held regarding Agenda Item
IV, Consent Agenda, Item C, Repeal Ordinance No 958-12-89 that Imposes ASAP Pro -Rata Fees. This item will
be the final disposition of all litigation with ASAP regarding the Pro -Rata Fees This issue has taken several years
to resolve.
Discussion was held regarding Agenda Item IV, Consent Agenda, Item E, Approve a Continuing
Resolution for the Tax Abatement Policy Mayor Lilly stated that the agreement between the City of Allen and
FSI and the agreement between the City of Allen and Sunbelt would be consummated on May 17, 1996. Updates
to the abatement policy will be considered in about a month.
Discussion was held regarding Agenda Item V, Council Committee Reports. Mayor Lilly stated that as
discussed earlier, he would like to set a date for a workshop to discuss the subcommittee structure and to review
the procedures involved. This workshop was set for June 4 at 7:00 p.m.
Discussion was held regarding the installation of the overhead power lines along Bethany Road. The
installation of the power lines has been completed and they look very good
Discussion was held regarding Agenda Item VII, Presentation of Plaque -of -Appreciation to Outgoing
Member of the Parks and Recreation Board. Mayor Lilly reviewed the procedure regarding the presentation of
the Plaques -of -Appreciation Normally, an individual is presented a plaque when he/she leaves a board and the
presentation takes place at the annual Boards and Commission dinner held in December. If the individual knows
he/she will not he able to attend the dinner, then arrangements are made to present the plaque at a Council meeting.
Discussion was held regarding Agenda Item VIII, Public Hearing to Attach a Specific Use Permit with Site
Plan and Floor Plan Approval to Allow a Restaurant/Private Club at 401 Central Expressway South, Located in
ALLEN CITY COUNCIL
WORKSHOP SESSION
MAY 16, 1996 PAGE 3
the Century Retail Addition, Being Lot 1, Block 2, as Requested by Len Phillips with Great Texas Foods, Inc.
Mayor Lilly reviewed for the Council the options presented to them concerning the public hearing. The Council
will need to take action concerning the recommendation by Planning and Zoning Commission for the request of
a Specific Use Permit for the Texas Cattle Company Council can either approve, modify or deny the request for
the permit. The ordinance concerning this item will be on the June 6 Consent Agenda.
Discussion was held regarding Agenda Item IX, Request to Appear by Don Wing, Chair of the Cable TV
and Telecommunications Advisory Committee Regarding Rate Increases by TCI Cablevision. Council could direct
Staff to request a rate review/study concerning the proposed increase by TCI.
Discussion was held regarding Agenda Item X, Approve 1996 Road and Alley Repair/Reconstruction
Program. It was noted that the method of notification of residents proved very effective last year and the Public
Works Department will follow the same plan this year — flyers distributed to each residence and flyers attached
to windshields of cars on the designated streets.
Discussion was held regarding Agenda Item XI, Consider Ordinance Repealing Ordinance No. 1205-10-93
and Adopting New Minimum Standards and Regulations for the Use and Maintenance of All Structures, Buildings
and Property within the City Mayor Lilly reviewed for the Council the results of the Development Subcommittee's
!e final recommendation for the ordinance. Mayor Lilly requested that the entire Council review proposed Item No.
®j 18 "Page IT Text has been rewritten in the Storage of Vehicles Section to: Boats, recreational vehicles, and small
utility trailers may be parked in side or rear yard (behind the front yard building line) provided grass and weeds
are maintained in a neat and orderly fashion, not to exceed 6" (six inches) in height." Basically, all other
amendments proposed would be considered as "fine tuning" the existing ordinance There will be clarification
regarding "junk vehicles" in this new ordinance.
Discussion was held regarding Agenda Item XII, Consider Ordinance Implementing a TMRS "Buy Back"
Provision Mayor Lilly indicated that the City had received the results of the "Buy Back" study from TMRS and
the projected contribution rate would be 10 16%. The current rate is 9.84%. Chief Carroll will go into more detail
during the regular meeting.
Discussion was held regarding Agenda Item XIII, Items Related to Proposed Bond Sale. City Manager
Jon McCarty requested Council to give Staff direction on how to proceed with the proposed bond sale. A
workshop may need to be scheduled. Staff is requesting that Council plan on selling bonds by July 18 which is
the second Council meeting in July Dan Almon, Financial Agent with Southwest Securities, will need the "go
ahead" no later than June 20.
Discussion was held regarding Agenda Item XIV, Other Business, Item A, Consider Design Elements for
SH 5. Mayor Lilly stated that Council would need to either pull this item from the agenda for further study or
decide to proceed with the design. If Council decides to proceed with the current design, then the decision must
be made as soon as possible so the state funding that the City is eligible for will not be jeopardized.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
j at 794 p.m. on Thursday, May 16, 1996.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996
REGULAR SESSION - 7:30 P.M.
PAGE 4
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Lilly at 7,40 p.m. on Thursday, May 16, 1996 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 Gallagher and a second 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 the May 2, 1996, Regular Meeting.
B. Approve Minutes of the May 9, 1996, Canvass of Election Meeting.
C. Repeal Ordinance No 958-12-89 that Imposes ASAP Pro -Rata Fees.
Ordinance No. 1427A-5-%: An Ordinance of the City of Allen, Collin County, Texas,
Repealing Ordinance No. 958-12-89; Providing a Severability; and Providing for an
Effective Date.
D. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows:
1. Chamber Brothers Construction Co. $350.70
For: Cold Mix for FM 2170
1985 Existing Street Bond Funds
Period: April 30, 1996
2. Murray Construction Co., Inc. $73,447.88
For: Construction for 12" & 24" Water Line under US 75 at Bethany
1995 Water/Sewer Bonds
Period: through April 25, 1996
3. Ron Hobbs, Architect $6,995.31
For: Station #3, Architectural Services
1994 Bonds
Period: Services through May 1, 1996
4 Ron Hobbs, Architect $12,298.05
For: Engineering Services and Preparation of Construction Documents
1994 Bonds
Period: Services through May 1, 1996
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ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996
Alistair Systems, Inc.
For: Purchase of Computer
1994 Bonds
Period: May 2, 1996
Communication System Upgrade
6. The Cervantes Company
For: Construction for Station #3
1994 Bonds
Period. February 16, 1996 to April 30, 1996
E. Approve a Continuing Resolution for the Tax Abatement Policy
PAGE 5
$2,887.00
$157,477.50
Resolution No. 1428A -5-%(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Renewing and Extending the Policy Statement for Tax Abatement
Guidelines as Passed and Approved in Resolution No. 1139-10-92(R) on the 15th Day of
October, 1992.
The motion carried
(Agenda Item V)
Mayor Lilly expressed to the audience that the Council had scheduled a workshop for June 4 at 7.00 p.m.
to review the organizational process of the subcommittees. Due to the new organization plans, no reports were
reviewed.
(Agenda Item VI)
Robert Butcher, 926 Rivercrest, Allen, Texas 75002, spoke before the Council expressing his concern for
the increased speed limits on SH 5. He feels the speed limit needs to be lowered for safety reasons and the City
should add stop signs on SH 5 to help residents min onto SH 5 from residential streets
Mr Butcher also commented on the proposed bicycling plan. He informed the Council that bicycles are
given the same rights as vehicles according to Texas law Mr. Butcher is against the proposed bicycling lanes.
He suggested that Council review the state laws and seek out avid bicyclers (i.e. commuters) and let them help
design the bicycling plan.
Mayor Lilly explained to Mr. Butcher that many studies are conducted in order to set the various speed
limits. These limits are based on stringent guidelines and engineering standards. Mayor Lilly commented that the
Development Subcommittee is reviewing the bicycle plan and will present the plan to the Council at a later date.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996 PAGE 6
Ernest Arnesen, 530 San Pedro, Garland, Texas 75043, spoke before the Council requesting that the
requirements for a seasonal permit be revised. Mr. Amesen is interested in setting up a "sno-cone business" and
operating it several months of the year. Mr. Arnesen has talked with Bill Petty, Tom Keener and Joe Del Ferro
regarding this item. The building standards for the City of Allen state that a permanent structure needs to be built
of brick or cement. The "kiosk" that Mr. Amesen would like to use is made of wood Also the requirements for
a seasonal permit list such things as fruit and firewood but do not specifically list "sno-cones " Mr. Del Ferro
stated that "sno-cones" would need to be included in the list of items in order to qualify for a seasonal permit.
Mayor Lilly referred this item to the City Manager and City Staff to discuss rezoning, etc. Mayor Lilly
said he was not making any promises regarding this business, but would check the possibilities.
Presentation of Plaque -of -Appreciation to
Outeoine Member of the Parks and Recreation Board (Agenda Item Vin
Mayor Lilly presented a plaque -of -appreciation to Leah Magruder. Mrs. Magruder is moving out of the
country and will not be able to attend the Boards and Commission dinner in December
Leah Magruder
Parks and Recreation Board
�+ September 1993 - April 1996
Public Hearing to Attach a Specific Use Permit
with Site Plan and Floor Plan Approval to Allow
a Restaurant/Private Club at 401 Central Expressway
South, Located in the Century Retail Addition, being Lot 1,
Block 2. as Requested by Len Philhin with Great Texas Foods. Inc. (Agenda Item VIII)
Bill Petty, Director of Community Development, reviewed the request by Mr. Len Phillips, representing
the Texas Cattle Company, for a Specific Use Permit for a restaurant/private club. The restaurant property is
located along US 75, between Millennium and McDermott. The proposed building is 12,208 square feet and the
total site area is 114,343 square feet making this the largest restaurant in Collin County with a total seating capacity
of 358 seats. No outside service of alcohol is indicated on the site and floor plan.
The Planning and Zoning Commission recommendation included (1) 17 -foot parking depth required at 60
degree angle; (2) radius on all turns to be approved by the Fire Marshal; (3) landscaping will be irrigated; and (4)
parking islands will be landscaped in order to issue the Specific Use Permit for Great Texas Foods, Inc. (Texas
Cattle Company )
FINDINGS.
1. The proposal is compatible to adjacent land uses.
2. The landscaping will be irrigated.
3. Number of parking spaces exceeds the minimum requirement
4. The dumpster is screened.
5. Landscaping is appropriate.
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REGULAR MEETING
MAY 16, 1996 PAGE 7
6. No outside consumption of alcohol is provided.
7 All required setbacks were addressed.
8. Technical Review Committee has reviewed the submission.
9 Fire lane radius and width were addressed
10. Parking depth was addressed and increased to meet Ordinance requirement.
Mayor Lilly read the request into the record as follows:
"Public Hearing to Attach a Specific Use Permit with Site Plan and Floor Plan Approval to Allow
a Restaurant/Private Club at 401 Central Expressway South, Located in the Century Retail
Addition, being Lot 1, Block 2, as Requested by Len Phillips with Great Texas Foods, Inc."
Mayor Lilly 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, the public hearing was closed.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Powyszynski,
the Council voted six (6) for and none (0) opposed to confirm the Planning and Zoning
Commission recommendation by request from Len Phillips for a Specific Use Permit to allow a
restaurant/private club, the Texas Cattle Company, at 401 Central Expressway South, Allen,
Texas The motion carried
Request to Appear by Don Wing, Chairman
of the Cable TV and Telecommunications Advisory
Committee. Regarding Rate Increases by TCI Cablevision (Agenda Item M
Don Wing, Chair of the Cable TV and Telecommunications Advisory Committee, spoke before the Council
regarding a proposed rate increase by TCI effective June 1. TCI is raising rates throughout the nation. It is the
recommendation of the Cable TV and Telecommunications Advisory Committee to neither be "for' nor "against"
this proposed increase. The rates for BASIC cable service (18 channels) would be increased from $12.38 per
month to $12.88 per month. The EXPANDED BASIC service (18 channels) would be increased from $8.65 per
month to $10.22 per month The total for the BASIC and EXPANDED BASIC would be $21.03 per month (36
channels).
According to the current Franchise Agreement, TCI will complete the updates for the City of Allen and
be operational by July 1997 TCI should have 50% of the upgrades completed by the end of the year. TCI will
also be upgrading the 39 channels to 70 channels when the system is built. There are between 6,300 and 6,500
current subscribers to TCI in Allen.
Mr. Wing briefly reviewed a new policy with the FCC — complaints to the FCC will be filed through the
City Mr. Wing stated that the Committee will keep track of all citizens in Allen contacting the FCC and keep the
citizens abreast of what is happening with TCI.
s
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996 PAGE 8
Council expressed concern that the City should not be having a TCI rate increase until the updates are
completed.
Once again, Mr. Wing stated that it was the Committee's recommendation to not "approve" or
"disapprove" the proposed rate increase.
Mayor Lilly stated that the Finance/Administration Subcommittee that was involved in determining the TCI
Franchise Agreement will meet before the June 1 deadline and discuss the proposed rate increase.
Mayor Lilly thanked Mr. Wing and the members of the Cable TV and Telecommunication Advisory
Committee for their investigative work with TCI and the FCC.
Robert Butcher, 926 Rivercrest, Allen, Texas 75002, spoke before the Council expressing opposition to
the proposed rate increase by TCI. He feels the cable company has not really made any improvements to the
service, only raised the rates. Mr. Butcher stated that with a TV home antennae, a resident could receive all but
three channels that are offered through TCI. When TCI upgrades and gives the City better viewing service, then
they should be allowed to increase their fee.
Approve 1996 Road and Alley Repair/Reconstruction Program (Agenda Item X)
Replace Asphalt Alleys with Concrete (Agenda Item X -A)
Asphalt Street Improvements (Agenda Item X -B)
Chip Seal Program (Agenda Item X-C)
George Conner, Director of Public Works, reviewed the road and alley repair/reconstruction program for
1996. The 1994 Capital Improvement Projects (CIP) for streets and drainage have monies allocated for asphalt
alley replacement with concrete Of the $503,320 allocated for these projects, approximately $101,000 worth of
bonds remain for this project.
Two alleys west of Lake Ridge and east of Melody Mall were selected for repair. These two alleys are
listed as CIP Project ST16. These sections will consist of approximately 2,000 square yards of paving at an
estimated cost of $36.00 per square yard.
Several factors were used to determine the "condition" ranking of the asphalt streets — traffic volume,
drainage problems, severity of failure, etc. Three streets were chosen for 1996 reconstruction — Main, Coats and
a section of High Meadow The estimated cost for repaving these streets is $150,000.
The City of Allen has contracted with Collin County Public Works to perform seal coating (chip seal) on
several streets for the past three years. This surface treatment costs approximately $.90 per square yard as
compared to overlay at $6.50 per square yard. Collin County also paves existing gravel roads with a two -course
treatment for a cost of $1.70 per square yard.
Several residential streets have been selected to be resurfaced this year — Cypress, New Bedford, Daisy,
Belmont and sections of Sandy Trail and Anna. Stacy Road from US 75 West to Watters Road is a gravel road
i that requires grading. It is planned to pave a portion of Stacy Road from US 75 to the bridge over Cottonwood
Creek with a two -course penetration this year.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996
PAGE 9
Notification to the residents of these areas will consist of flyers placed at each home and on car windshields
on the designated streets.
Collin County's portion of this project is estimated at $27,835 and sweeping excess chips will cost
approximately $3,000.
MOTION: Upon a motion made by Councihnember Powyszynski and a second by Councthnember Owen, the
Council voted six (6) for and none (0) opposed to authorize a budget of $80,000 and to receive
bids on CIP Project ST16, authorize a budget in the amount of $150.000 and to receive bids for
repaving Main, Coats and a section of High Meadow, approve the chip seal process for Cypress,
New Bedford, Daisy, Belmont and sections of Sandy Trail and Anna, and paving a portion of Stacy
Road from US 75 to the bridge over Cottonwood Creek. The motion carried.
Council took a brief recess.
Consider Ordinance Repealing Ordnance No. 1205-10-93 and
Adopting New Minimum Standards and Regulations for the Use and
Maintenance of AB Structures Buildings and Pro"y Within the Cit (Agenda Item XI)
Bill Petty, Director of Community Development, reviewed the background of the Property Maintenance
Code, Ordinance No. 1205-10-93. The ordinance established minimum standards and regulations for the use and
maintenance of all structures, buildings and property within the City One point in particular will be amended —
allowing boats, RVs and small utility trailers to be parked on a "grass" surface on the side or in the rear yard of
homes. Grass must be maintained and not be more than 6" tall.
The document was studied by the Development Subcommittee and 21 amendments were recommended for
the ordinance. The proposed changes include.
1 Caption
Repeals existing ordinance and adopts new regulations;
Remove reference to "occupancy" of stmcmres.
2. Table of Contents and Page 15.
Change Title of Screening Walls to Open Storage.
3. Table of Contents and Page 17
Change Parking on Unimproved Surfaces to Parking and Storage of Vehicles.
4. Pages 2 and 6:
Remove any reference to enforcement within or jM& a structure.
5 Page 3:
J
Remove
reference to "inoperable"
to definition of nuisance.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16,19%
PAGE 10
6. Page 4:
Remove reference to "inoperable" or "unsightly" in definition of open storage; remove reference
to "abandoned" in definition of nuisance.
7 Page 5:
Change definition of Pool to match proposal in Zoning Ordinance of 18" deep for public or semi-
public and 3' for private.
8. Page 9
Paragraph E - Add Direct Illumination to heading and add sentence regarding direct illumination
to text.
9. Page 9'
Paragraph F - Add shrubs and plants to requirement for removal of dead trees.
10. Pages 11 and 12:
Change requirement for pool gate latching device from "top quarter of the gate" to 4-1/2 feet from
the ground in order to allow for 8 -foot fences.
11. Page 12:
Solid Waste - remove all old text and adopt new text regarding polycarts.
12. Page 14:
Add a requirement that requires dumpster lids to remain closed.
13. Page 14:
Propose text requiring builders to provide for containment of trash: A temporary container,
measuring 32 square feet of surface, 4 -foot high, is required on the construction site to contain the
litter generated from construction or construction workers. When the trash container is full, the
trash shall be disposed of immediately
14. Page 15:
The Open Storage section is rewritten to allow for Commercial/Industrial districts (including CBD)
and Residential districts. References to vehicles is removed and included in the section entitled
Parking and Storage of Vehicles.
15 Page 16:
Clarify language in the Section "Burned Structure" to specify who is notified by the Fire Marshal
when investigation is complete
16. Page 17
References to "interior" of buildings removed
17 Page 17'
Moving all references to vehicles to a single section - Storage of Vehicles.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996
PAGE 11
18. Page 17'
Text has been rewritten in the Storage of Vehicles Section to: Boats, recreational vehicles, and
small utility traders may be parked in side or rear yard (behind the front yard building line)
provided grass and weeds are maintained in a neat and orderly fashion, not to exceed 6" (six
inches) in height.
19 Page 18:
Text added to enforce exterior wall surface deterioration and roof deterioration.
20. Page 20.
Add a statement in paragraph A stating "The Director of Community Development reserves the
authority to take immediate action and waive all notice requirements if it is determined that there
is an immediate danger or threat to the health, safety, or welfare of the City
21. Page 20:
Change reference to "calendar year" to "12 -month period."
Robert Butcher, 926 Rivercrest, Allen, Texas 75002, spoke before the Council expressing his support of
the repealing of Ordinance No. 1205-10-93 but opposing the new changes. Mr. Butcher referred to this ordinance
as an "ordinance of convenience." He feels that the City does not have enough Staff to properly enforce this
ordinance. Mr. Butcher feels that no provisions have been made to make allowances for retired people or those
on a "fixed" income
Claudia Kelley, 1206 High Meadow, Allen, Texas 75002, spoke before the Council expressing her
opposition to one line in the ordinance — "screening and allowing vehicles on the side yard " She feels that the
City of Allen is taking a step "backwards" by allowing this item. She did feel that many neighborhoods in the City
of Allen are looking better since the enforcement of this ordinance.
Mayor Lilly indicated that the Property Maintenance Division issued 101 notices of violation during the
month of May and made 305 inspections. There were 110 violations complied with, with 109 outstanding at this
time. Two citations are pending at this time, with one court case pending. There were 39 new weeds and grass
inspections made, with 20 being new complaints and 20 pending cases. It was noted that 15 weeds and grass
violations were complied with.
Mayor Lilly complimented Bill Petty, Director of Community Development, Audrey Smyth, Property
Maintenance Inspector and their department on their dedicated work to enforcing this ordinance and complimented
Audrey on her good rapport with the citizens.
Richard Carroll, Police Chief, gave a brief review of the Abandoned Vehicle Law The Property
Maintenance Code will still address "junk parts/vehicles" but not those vehicles that are registered/licensed. These
vehicles will be addressed under state law
ALLEN CITY COUNCIL
�i REGULAR MEETING
L MAY 16, 1996
Ordinance No. 1429-5-96: An Ordinance of the City of
Allen, Coffin County, Texas, Repealing Ordinance No.
1205-10-93; Adopting New Minimum Standards and
Regulations for the Use and Maintenance of all
Structures, Buildings and Property within the City;
Providing for Responsibility for Maintenance;
Establishing Enforcement Procedures; Providing for
Notice of Violation and Abatement of Nuisances;
Providing for Appeals; Providing for Recovery of
Costs; Providing for a Penalty of Fine not to Exceed
the Sum of Two Thousand ($2,000) Dollars for Each
Offense; Declaring an Emergency; and Providing for
an Effective Date.
PAGE 12
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Terrell, the
Council voted six (6) for and none (0) opposed to approve Ordinance No. 1429-5-96 as previously
captioned and in accordance with Development Subcommittee recommendation and to approve and
include the 21 amendments listed above. The motion carried.
Consider Ordinance Implementing
�q a TMRS "Buy Back" Provision
(Agenda Item XII)
Richard Carroll, Police Chief, reviewed for the Council the "Buy Back" process through the Texas
Municipal Retirement System (TMRS). Before an ordinance could be implemented to approve this process, TMRS
needed to do a "Buy Back" study to determine the increase in the City's contribution rate. That study has been
completed and TMRS has projected the City's rate to be 10.16% The City's current rate is 9 84% This
calculation was based on the maximum number of eligible employees buying time back. This proposal would effect
5-8 employees with the City of Allen
Ordinance No. 1430.5-96: An Ordinance of the City of
Allen, Collin County, Texas, Allowing Certain
Employees of the City who have Terminated Previous
Memberships in the Texas Municipal Retirement
System to Deposit the Sums so Withdrawn, Plus
Annual Withdrawal Charges, and Allowing and
Undertaking the Cost of Allowing any Such Employee
Credit in Such System for all Service to Which Such
Employee had been Entitled at Date of Such
Withdrawal, with Like Effect as if all Such Service
had Been Performed as an Employee of this City; and
Providing for an Effective Date.
MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Powyszymki,
the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1429-5-96 as
previously captioned and making the effective date of the Ordinance May 16, 1996. The motion
carried.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996
I111=3. M FSi4I
PAGE 13
(Agenda Item XIII)
City Manager Jon McCarty informed the Council that it is time to start considering the 1996 Capital
Improvement Program (CIP) bond sale Staff requests that Council plan to sell bonds by July 18 Dan Almon,
Financial Advisor with Southwest Securities, will need to be notified of the proposed sell by June 20. City
Manager Jon McCarty reviewed for the Council the annotated CIP projects list by year of the bond sale — a list
showing the projects that were approved in the 1994 sale, the projects that Staff recommends to be approved for
the 1996 sale, and the projects that would remain unfunded until the 1998 bond sale; the March 30, 1996 Stains
Report on all bond projects; existing contract with Southwest Securities and a fee schedule; and a copy of the
anticipated repayment schedule for the proposed 1996 bond sale.
City Manager Jon McCarty requested that Council give direction to Staff on the 1996 bond sale, including
projects to be included, total amount of the bond sale and schedule for the bond sale. Council will decide if a
workshop is needed to further discuss these projects
The first scheduled budget workshop is May 29 at the Allen Municipal Annex. In order to sell bonds no
later than July 18, the second regular Council meeting in July, then the decision to sell the bonds must be made
by June 20, the second regular Council meeting of Jane The proposed bond sale will be for public safety projects,
multiple street projects, multiple park projects and library projects.
Council can expect $120.000 in revenue for the City for each I c tax imposed. Interest rates below 6 % are
considered favorable. The City is obligated by law to spend money voted on for the projects designated, i.e.
money designated for streets can only be used on street projects. However, the City does have flexibility within
the street projects.
Councilmember Thomas requested that the City try to coordinate their plans with the Allen Independent
School District's (AISD) plans for a new school. Hopefully, both entities can work together to compliment each
other's projects, not conflict with them — both in terms of physical coordination and financial coordination.
James Kerr, 406 Watson, Allen, Texas 75002, informed the Council that the design for the new school will
take about 12 months to conclude. Hopefully, the actual construction of the high school will begin at the end of
the year. He should know more by the Joint AISD/Council meeting on May 30.
City Manager Jon McCarty explained that the 1996 bond sale will include all monies available for Allen
Station Park and the City is making every attempt to qualify for grant monies for this project.
The City plans to take every advantage of every opportunity to team with AISD in coordinating new
facilities — multiple use facility, natatorium, etc. A major project will be the roadway construction within the park.
One-half cent sales tax funds will also be used for this project.
Other Business (Agenda Item XIV)
Consider Design Elements for SH 5 (Agenda Item XIV -A)
Bill Petty, Director of Community Development, reviewed the background of the planning of the
thoroughfare system. A traffic impact analysis was required. In 1977-78, the City of Allen Thoroughfare Plan
was put into place indicating that SH 5 was classified as "M6 -D" which means a major six -lane divided roadway
fir+ ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996 PAGE 14
George Conner, Director of Public Works, stated that Right -of -Way (ROW) maps were available for all
to review The maps have always indicated that SH 5 would be a six -lane roadway Mayor Lilly asked Mr.
Conner to check with the state regarding a state appraiser, Mr. Pulliam, who was contacting the property owners
along and near SH 5 and apparently giving the property owners false information.
Mr. Conner explained that there must be at least 10' from the curb of a street to a house according to
federal guidelines. This involves a legal/negotiation process between the State Highway Department and the
property owner. The property owner should insist on the fair market value for his property that is involved in the
issue or relocation as stated in the federal guidelines.
City Manager Jon McCarty presented a history of the SH 5 project. In 1985, members of the Council and
Staff went to Austin to meet with the Texas Highway Commission and TXDOT to request assistance for
construction of roadways within Allen. The Texas Highway Commission approved the plans. It was agreed that
the City would be responsible for FM 2170 from US 75 East to Allen Heights Drive The State Highway
Department would be responsible for SH 5 from Chaparral north to Exchange Parkway The plans always included
a six -lane roadway for SH 5.
In retrospect, Staff and Council wish they had taken more time at the three citizens' meetings to discuss
the plans for the six -lane roadway (SH 5) and explain why it needed to be six -lanes.
■ J There have been multiple zoning decisions and property owners' decisions based upon the plan of SH 5
being a six -lane thoroughfare.
Phil Hamilton, 409 Ellis, Allen, Texas 75002, spoke before the Council expressing his opposition to the
proposed six -lane expansion of SH 5 Mr. Hamilton explained that with the completion of other east/west
thoroughfares throughout the City, the traffic flow would change for SH 5. One property owner in this area has
been notified that the curb of the thoroughfare will be 5' from his home. Mr. Hamilton explained that some state
representatives have told the property owners that SH 5 would be a four -lane road. Why is there so much
misinformation Mr. Hamilton asked the Council to consider an extension before starting the thoroughfare
reconstruction — take the time to contact the people involved and find out what the state has been telling the
property owners. The present reconstruction plans for SH 5 will not allow for screening or noise abatement.
James Ken, 406 Watson, Allen, Texas 75002, asked the Council if they knew about the proposed median
cuts in relation to the school?
Mark Lee, Best Cleaners, 410 N. Greenville, Allen, Texas 75002, spoke before the Council asking for an
explanation of the proposed median cuts at Pebblebrook and Best Cleaners, 410 N. Greenville. Council and
George Conner, Director of Public Works, explained that there was a proposed median cut at Pebblebrook and
SH 5. A median cut had never been proposed for the Best Cleaners area.
Mayor Lilly stated that through his research of the City's 1977 Comprehensive Plan and the Municipal
Messenger, the City's newsletter, all documents show that SH 5 was designed and planned for six -lanes. By
looking at a redesign, the City runs a great risk of losing funding from the state/federal funds. One role that applies
to all roadway projects — a City must be ready to begin its project when the state is ready to go or the City will
lose its place in line. There are $80 million worth of road projects planned for the City of Allen over the next few
years. The bond program will provide $8 million, Collin County bond program will provide $5 million and $12
million will be coming locally
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 1996
PAGE 15
Timing is critical for this project. Council agreed that this project must proceed as planned so as to not
jeopardize the funding. This reconstruction will benefit the community in the long run. As a federal ISTEA
(Intermodal Surface Transportation Efficiency Act) state project, the design/reconstruction of SH 5 has to comply
with all environmental assessments and noise abatement guidelines. These guidelines have been approved. Mayor
Lilly asked George Conner to forward a copy of the environmental assessment report to Mr. Hamilton.
Calendar (Agenda Item XIV -B)
May 29 7.00 p.m. Budget Workshop — Council Chambers
May 30 6:00 p.m. Joint AISD/Council — Library Meeting Room
June 4 7:00 p.m. Council Workshop — Library Meeting Room
Items of Interest (Agenda Item XIV -C)
There were no items of interest.
Executive Session (Agenda Item XV)
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 11'45 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,
Texas in order to discuss matters pertaining to board appointments.
The Executive Session was adjourned at 12.30 a.m.
Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item XVI)
The Allen City Council reconvened into regular session at 12:31 a.m on Friday, May 17, 1996, in the
Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive
Session.
Adiourn
(Agenda Item XVII)
MOTION: Upon a motion made by Councrhnember Gallagher and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:32 a.m. on Friday, May 17, 1996. The motion carried.
Tacse minutes approved on the 6th day of June , 1996.
APPROVED:
K vin L. Lilly, MAY /
ATTEST:
JuVMorrgon, CMC, CITY SECRETARY