Min - City Council - 1996 - 09/19 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 19, 1996
Present:
Kevin L. Lilly, Mayor
Councilmembers:
Lonnie Thomas (absent)
David Kerr, Mayor Pro Tem
Doug Gallagher (absent)
Dave Powyszynski
Steve Terrell
Melissa Owen
City S :
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:00 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 Lilly at 6.20 p.m. on Thursday, September 19, 1996, in the Lunch Room of the
Allen Municipal Annex, One Butler Circle, Allen, Texas.
(Agenda Item II)
Fire Chief Ron Gentry presented an update to the Council on the progress of Fire Station #3 The original
completion date had been set for October 27 and he expects that to be overrun by approximately one month. The
Fire Chief was encouraged to follow-up on items to get the job finished in a timely manner.
Community Development Director Bill Petty provided background information regarding a Specific Use
Permit coming to Council at their regular meeting on October 17 This request is from Advantage Self -Storage.
Council was informed that Allen Economic Development Corporation Board will be providing a letter in opposition
to this item.
The City informed the Council that Grayson and Denton Electrical Services have not completed the
Franchise Agreements with the City of Allen. Staff was asked to consider their discontinuation of service in the
community without the signed agreement.
ALLEN CITY COUNCIL
WORKSHOP SESSION
SEPTEMBER 19, 1996
PAGE 2
Services and Development Committees have completed their work plan. However, Finance/Administration
and the Mayor's Committee will be completing their work programs in the next few weeks and an item will be
appearing on the next Council agenda to review and accept the Standing Committees' Work Programs
Council was informed that the trees north of Exchange would be removed by the end of October.
Council requested that information regarding speeding on Comanche be distributed to all Councilmembers.
Discussion of Consent Agenda
and Remilar Agenda Items (Agenda Item III)
There was no discussion regarding the Consent Agenda.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7.12 p.m. on Thursday, September 19, 1996.
NOTE: Mayor Pro Tem Kerr left the meeting due to a prior commitment.
Executive Session
(Agenda Item IV)
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 7:15 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,
Texas in order to discuss matters pertaining to:
personnel - board appointments
pending litigation on annexations
Council employee evaluations
The Executive Session was recessed at 7:35 p.m.
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 Lilly at 740 p.m. on Thursday, September 19, 1996 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 19, 1996 PAGE 3
CONSENT AGENDA (Agenda Item VI)
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Terrell, the
Council voted four (4) for and none (0) opposed to approve and adopt all items on the Consent
Agenda as recommended and as follows
A. Approve Minutes of September 5, 1996, Regular Meeting.
B. Approve Lease Agreement for TCI Cable to Place Telecommunication Antennae and
Equipment on the Hillside Water Tower.
Council authorized City Manager Jon McCarty to execute a lease agreement with
Communications Services, Inc. (TCI Cable) for a twenty-five year lease on Hillside Water
Tower. Communications Services, Inc. (TCI Cable) will pay a monthly lease amount of
$800 for the Hillside Water Tower and will have four adjustments during the lease at five-
year intervals with a 25 % increase in rent each interval.
C. Approve Reimbursement for Cost of Bridges on Allen Heights Drive Over Mustang Creek
to Developer from 1996 Bond Funds.
Council authorized City Manager Jon McCarty to issue a check to Jun Douglas, Shadow
Lakes Subdivision developer, in the amount of $38,930.59
D Approve the Low Bid on Lowering of Water Line Under US 75 Service Road, South of
Legacy
Council authorized City Manager Jon McCarty to sign a unit cost contract with Murray
Construction for approximately $54,873 to build the project. Council will set a budget of
$60,000 for this project.
E Approve the Low Bid to Construct Two Lanes of Bethany Road East of Allen Heights
Road and Initial Water and Sewer across Bethany Lakes Park.
Council authorized City Manager Jon McCarty to execute a unit cost contract of
$780,620.60 with Site Concrete to build the project. The Council set a revised budget of
$850,000 of Street and Water and Sewer Bond Funds due to the changes of the scope of
this job.
F Adopt an Ordinance Amending the 1992 Comprehensive Plan to Include Plate 8-B,
Comprehensive Middle School Plan.
Ordinance No. 1452-9-%: An Ordinance of the City of Allen, Collin County, Texas,
["I Amending Ordinance No. 1105-5-92, 1992 Comprehensive Plan, as Previously Amended,
so as to Amend the Section Entitled Community Facilities by Providing for Exhibit "A"
Comprehensive Middle School Plan, Plate 8-B; Providing for a Penalty of Fine not to
Exceed the Sum of Two Thousand Dollars ($2,000); Providing for a Severability Clause;
and Providing for an Effective Date.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 19, 1996
PAGE 4
G. Adopt an Ordinance Confirming the City Council's Action of September 5, 1996, to
Attach Permanent Zoning on 163.08 Acres of Land Located in the John Snider Survey,
Abstract No. 848, City of Allen, Collin County, Texas; further Described as Being
Located at the Southeast Corner of Bethany Drive and Allen Heights Drive.
Ordinance No. 1453-9-96: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-8-96, as Previously Amended, so
as to Establish Permanent Zoning on the Following -Described Tract of Land: 163.08
Acres of Land Located in the John Snider Survey, Abstract No. 848, City of Allen, Collin
County, Texas, as Follows* "R -5(C)" on 112.51 Acres of Land, "R -7(C) on 25.0 Acres
of Land, Flood Plain -Shopping Center (FP/SC) on 20 69 Acres of Land, and Community
Facilities (CF) on 4 6 Acres of Land, Providing for Exhibit "A" Land Use Plan; Providing
for Exhibit "B" Development Standards; and Exhibit "C" Legal Description; Providing
for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,00(1) for Each
Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said
Ordinance.
H. Authorize the City Manager to Request Proposals to Update the Impact Fee Ordinance.
Council authorized City Manager Jon McCarty to request a proposal from a consultant to
update the impact fee ordinance and to include a road impact fee process in the ordinance.
1. Approve Interlocal Agreement for Cooperative Purchase for City of Flower Mound.
Resolution No. 1454-9-96(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Approving the Terms and Conditions of an Interlocal Agreement
by and Between the City of Allen, Texas and the City of Flower Mound, Texas Providing
for a Cooperative Purchasing Program for Goods and Services; and Providing for an
Effective Date.
J. Consider a Resolution Designating the Allen American as the Official Newspaper for the
City of Allen during the 1996-97 Fiscal Year
Resolution No. 1455-9-96(RI: A Resolution of the City Council of the City of Allen,
Collin County, Texas, Designating the Allen American the Official Newspaper of the City
of Allen, Collin County, Texas for FY 1996-1997
K Set Public Hearing Date for October 17, 1996, for Requested Zoning on Bethany Creek
Estates Phase III
L. Set Public Hearing Date for October 17, 1996, for Specific Use Permit Request with Site
Plan Approval for Richie Logan Private School.
M Accept Member Resignation and Declare a Vacancy on Parks and Recreation Board, Place
No 2.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 19, 1996
PAGE 5
Byron Nielsen
Parks and Recreation Board
Place No. 2
August 1993 - September 1996
N. Tax Report.
O. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program
as follows
I.
Mity-Lite, Inc.
$1,867.80
For Furniture and Equipment for Fire Station #3
1994 Bonds
Period: August 30, 1996
2.
Fulbright & Jaworski, L.L P
$8,002.13
For: 1996 General Obligation Bond Sale Costs
1996 General Obligation Bonds
Period: July 1996
3.
Binkley & Barfield, Inc.
$2,600.00
For Stacy Road Easement and Final Plan Modifications
1992 Water/Sewer Bonds
Period: Services through September 9, 1996
4
Southern Pacific Lines
$2,975.00
For: Agreement between Southern Pacific and City of Allen
for 16" Water Line
1995 Water Bonds
Period: August 23, 1996
5.
Harte Hanks Community Newspaper
$55.00
For: Advertising for 16" Water Line Along Exchange Parkway
1995 Water Bonds
Period. Services through July 31, 1996
6.
Binkley & Barfield
$7,500.00
For Design and Tree Surveys, Base Drawing Preparation
1985 Existing Street Bond Funds
Period: August 9, 1996
7
Freese & Nichols
$12,000.00
For Plans and Specs for 16" Water Line along Exchange Parkway
from US 75 to SH 5
1995 Water Bonds
Period: Services through July 1, 1996 to August 31, 1996
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 19,19%
The motion carried.
PAGE
8. Clark Condon Associates $1,879 83
For Professional Services (Allen Station Park)
1994 Park Bonds
Period: through August 31, 1996
9 Clark Condon Associates $3,853.46
For Bonus for TPW Grant Award & Professional Services
1994 Park Bonds
Period: through August 31, 1996
End of Consent Attends
NOTE: Mayor Pro Tem Kerr returned to the Council Bench.
Council Committee Reports (Agenda Item VII)
Services:
Animal shelter
Fire Station #3 — Services Standing Committee would like to have consent of Council to move forward
with Fire Station #4 immediately
Twelve new firefighters
Repairs at library
Work program
Finance/Administration:
Next meeting September 30
Development:
Work program
Facilities Agreements
Water delivery point
North Texas Municipal Water District (NTMWD)
Drainage on Albertson's property
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 19, 1996 PAGE 7
Mayor's:
Current Council agenda
Fire Station #3
Economic Development update
TML
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Approve Resolution Authorizing City
Manager to Execute Contract for SRO
(School Resource Officer) Program for 1996-97 (Agenda Item IX)
Police Chief Richard Carroll informed the Council that the current contract with the Allen Independent
School District (AISD) for Resource Officer will expire on September 30, 1996. Currently, two officers are
serving at the Curtis Middle School and the Ford Middle School. Both Officers Osborn and Lopez are assigned
full-time for the entire school year. The school district has committed to pay one-half of the total expenses with
the City's share to include funding for uniforms, training and mileage.
Council felt this has been one of our better "joint" programs from comments of both the children and the
parents of the community
Resolution No. 1456-9-96(R): A Resolution of the City
Council of the City of Allen, Collin County, Texas,
Authorizing the City Manager to Execute a Contract with
the Allen Independent School District (AISD) Wherein
AISD will Pay One -Half the Salary Expenses for Police
Officers Assigned to Schools in a School Resource
Officer Program and Providing an Effective Date.
MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Powyszynski,
the Council voted five (5) for and none (0) opposed to approve Resolution No. 1456-9-96(R) as
previously captioned The motion carried.
Authorize the Mayor to Respond to the
NTMWD Proposed "19% Construction
Program" for the Upper East Fork Interceptor System
(Agenda Item X)
Public Works Director George Conner reviewed the 1996 Construction Program as presented by the North
Texas Municipal Water District (NTMWD). The capital that NTMWD invests in these sewer projects are repaid
through billing the cities yearly for the debt requirements of the capital in proportion to their contribution to total
sewer flow Mr. Conner reviewed several projects that directly impact the City of Allen including the ASAP Line
paralleling the Rowlett Creek line, Watters Creek projects which will eliminate several lift stations, several Forest
Main projects and metering on the Rowlett Branch
I
I
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 19, 1996 PAGE 8
Carl Riehn, Executive Director of North Texas Municipal Water District, was introduced along with Jim
Parks, his Deputy Director. Mr. Riehn gave the background of the growth of the NTMWD This District has
worked with the cities without competing with the cities unlike most other districts in the state. He reviewed the
water, waste water and solid waste services offered to the communities. The City of Allen is a full member of the
Upper East Fork Interceptor System. Recently, Princeton and Frisco have asked to be a member of that system
and the District is taking their requests under advisement. The District is very flexible in aiding various cities with
their specific needs. A new water policy would allow the District to build projects as requested by the cities. Allen
has more construction in this project than their actual share of payment to the District because of their location.
Carl Riehn expressed his appreciation of the great relationship with the City of Allen and the NTMWD Council
updated Carl Riehn of the need for the 24" water line and expressed appreciation for the District's aid in that
change -over.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and Councihnember Owen, the Council voted five
(5) for and none (0) opposed to authorize the Mayor to respond to the NTMWD's proposed 1996
Construction Program for the Upper East Fork Interceptor System. The motion carried.
Council took a brief recess.
Other Business (Agenda Item XI)
Calendar (Agenda Item XI -A)
Week of October 21 - 25 Joint AISD meeting possibly October 24 [rescheduled from October 11
November 13 - 15 TML
November 15 Employee Holiday Party
Items of Interest (Agenda Item XI -B)
The Mayor reported on a recent joint meeting with AISD regarding Allen Station Park development. It
was decided that an architectural firm that worked on the Scottsdale project would be retained to provide seamless
visual aspects of the project including the entrance, landscape materials, facades, etc.
A report was given on the Willow Creek Estates meeting and future meetings to be held A recommenda-
tion of variation in paintings of the FSI Building may come before the Council for a decision.
A report was given on Major Businesses of Allen meeting that detailed a community -wide vision statement,
dealt with the phone system and telecommunications, and focused zoning districts including Bethany/SH 5 corridor.
The 4B Sales Tax Board met and will bring by-laws before the Council at an upcoming meeting to include a
possible name being "Allen Community Development Corporation."
A report was given regarding the Region 13 TML meeting at which time a resolution to be considered at
TML regarding the 4A and 4B tax legislation was considered.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 19, 1996 PAGE 9
Executive Session (Agenda Item IV)
Council reconvened into Executive Session at 10:30 p.m. on Thursday, September 19, 1996, in the
Conference Room of the Allen Municipal Annex in order to discuss matters pertaining to personnel - board
appointments, pending litigation on annexations and Council Employee evaluations.
The Executive Session was adjourned at 10:55 p.m.
Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 10:58 p.m. on Thursday. September 19, 1996,
in the Council Chambers of the Allen Municipal Annex
Personnel - Board Appointments
The Boards and Commission Interview Committee placed the following names as a slate of nominations
for the specific places on the following boards:
Board of Adiustment
Place No. 2 - Robert Engle
Place No. 4 - David Pratt
Alternate Place No. 2 - Beverly Wortham
All terms expire September 30, 1998.
Place No. 2 - Mark Pacheco
Place No. 4 - Eric Willard
Place No. 6 - Bill Huber
All terms expire September 30, 1998.
DIRM0. 14=0
Term expires September 30, 1999
I
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 19, 1996
Library Board
Place No. 2 - Frank Snidow
Place No. 4 - Julie Wihnoth
Place No. 6 - Fritz Dietrich
All terms expire September 30, 1998.
Parks and Recreation Board
Place No. 2 - Kevin Pierce
Place No. 4 - Mark Stout
All terms expire September 30, 1998.
Planning and Zonimi Commission
Place No. 2 - Kenneth Fulk
Place No. 4 - Ross Obermeyer
All terms expire September 30, 1998.
Place No. 2 - Jennifer Hill
Place No 4 - Jeff Nolan
All terms expire September 30, 1998.
City Health Officer
City Health Officer - Dr. John Connolly
Term expires September 30, 1998.
PAGE 10
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszynski, the
Council voted five (5) for and none (0) opposed that nominations cease and that the slate of
individuals previously nominated be appointed by acclamation to the designated places on the
Board of Adjustment, Cable TV & Telecommunications Advisory Committee, Economic
Development Corporation Board, Library Board, Parks and Recreation Board, Planning & Zoning
Commission, Sign Control Board and City Health Officer respectively The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
SEPTEMBER 19, 1996 PAGE 11
Pending Litigation on Annexations
Update
Council Employee Evaluations
Finalized evaluations
Adjourn (Agenda Item XVI)
MOTION: Upon a motion made by Councilmember and a second by Councdmember , the Council voted five
(5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11.20 p.m.
on Thursday, September 19, 1996. The motion carried.
These minutes approved on the 3rd day of October , 1996.
ATTEST:
Jddy Mor ' on, CMC, CITY SECRETARY
A
APPROVED:
Kevin L. Lilly, MAYO