Min - City Council - 1997 - 02/06 - RegularALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 6, 1997
Present:
Kevin L. Lilly, Mayor
Lonnie Thomas
David Kerr, Mayor Pro Tem
Doug Gallagher
Dave Powyszynski
Steve Terrell
Melissa Owen
City Staff:
On
Jon McCarty, City Manager
Judy Morrison, City Secretary
I ' .alt ITQ R"9ice) 99 am,) Ctl:Qxial�lull
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 6:12 p.m. on Thursday, February 6, 1997, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas
(Agenda Item II)
Discussion was held regarding the Allen Station Park issue regarding increased costs for Phase One of the
Master Plan. Council will be requested for further direction on this issue later in the meeting.
Tun Pared, with the Allen American, will be covering the Council meetings for the next several months
since Michelle Mitchell will be unavailable.
Joel Roebuck asked the City if they would be interested in participating in a landscape enhancement
program along Suncreek Boulevard. The proposal prepared for the City was that Joel Roebuck would plant the
landscaping and install the irrigation if the City would provide the water for upkeep. However, the City of Allen
t{ is asking for donation of right-of-way for Alma Road
■ An update was given on Bethany Road West. Discussions are being held with Frances Williams. She
i� intends to give the City the right-of-way for Bethany from US 75 to BelAir if the City will finance an alignment
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 1997 PAGE 2
study from BelAir to Alma so that she can have some comment on the pavement of that roadway Her particular
interest is to obscure visibility from Connemara. The City has agreed to do so when it is financially able, but
would like to include Alma in the study as well. It was suggested that the study would be approximately $25,000
to $40,000 and would also include input from Mrs. Hamilton. Council agreed that Staff move forward with a
proposal for this alignment.
Two surveys in preparation for the Comprehensive Plan Update will be presented to both residential and
commercial customers for the City of Allen. Council is being asked to look at the survey, make comments on it
and return it to the Community Development Department by Febmary 14 in order to clarify or add questions. The
Chamber will participate in business samplings in the community Council requested that a special effort be made
in dealing with the CBD (Central Business District).
Joel Roebuck requested authorization to build four model homes in preparation for his development, even
though some of the stipulations have not yet been met — including bridge construction. Council suggested that
Community Development issue a building permit for construction of those model homes with no CO (Certificate -
of -Occupancy) until all the conditions of platting have been met.
Council was informed of a need for a study of Suncreek Pak (The Woods). The City Manager asked that
the entire area of the City south of FM 2170 between SH 5 and the creek be considered in this study Council
agreed a plan needs to be addressed and authorized Staff to proceed.
Discussion was held concerning the Allen Station Park Master Plan and Phase I Development. It was
determined that the first estimate of $3.1 million did not include certain grading and utilities, lighted soccer fields,
extensive grassing, and additional concession stands. Concent was expressed regarding the enhancements of the
facility and the rise in cost for the entire park. Council felt roads were a very important aspect of the park but also
know the necessity of ballfields. Some of the other enhancements might be considered later.
Council suggested that the park be phased in not by "wants" but by "money " Council questioned whether
the roads could be considered a service to the citizens of Allen and therefore, street funds could be used for partial
payment. Staff is to contact Clark Condon Associates to see what was included in the $3 1 million original
estimate. The Allen Station Park issue is to go back to CASPER (City and School Planning for Education and
Recreation) and be brought back to Council at a later date.
Discussion of Consent Agenda
and RegWair Agenda Items (Agenda Item III)
There was no discussion of the Consent Agenda.
With no further discussion, the workshop session of the Allen City Council was recessed at 7:26 p.m. on
Thursday, February 6, 1997
I
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 1997
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 Lilly at 7:37 p.m. on Thursday, February 6, 1997 in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
CONSENT AGENDA (Agenda Item VI)
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to remove and table Consent Agenda Item J,
Amendments to the Personnel Policy and Procedures Manual, for further study by the
Finance/Administration Committee. The motion carried.
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on the
Consent Agenda as recommended and as follows:
A. Approve Minutes of January 16, 1996, Regular Meeting.
B Set a Public Hearing Date for Zoning Request by Stacy Standridge - Othel, Inc., to Amend
Planned Development No. 31 by Increasing its Geographic Limits and to Establish Zoning
of Community Facilities Uses on Tract 1-B, Local Retail on Tracts 1-A and 2-A, and
Single -Family (R-2) on Tract 2-13.
C. Approve Items Related to the May 3, 1997 City Council Election
Resolution Ordering the May 3, 1997 City Council Election
Resolution No. 1477-2-97(11): A Resolution of the City Council, of the City of
Allen, Collin County, Texas, Ordering a Joint Election to Be Held on May 3,
1997, for the Purpose of Electing Three (3) Members, (Place Nos. 1, 3, and 5),
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.
Resolution Authorizing the Mayor to Sign a Joint Election Agreement with the
Allen Independent School District and to Enter into a Contract with the Elections
Administrator of Collin County to Provide Joint Election Services.
Resolution No. 1478-2-97(R): A Resolution of the City Council of the City of
Allen, Collin County, Texas, Authorizing the Mayor of the City of Allen to Sign
a Joint Election Agreement with the Allen Independent School District and 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 3, 1997 Joint General Election with the Allen Independent School District.
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 1997
Set Thursday, May 8, 1997 as the Canvass Date.
D Approve Lease for PAGENET for Antennae at Rowlett Water Tower Site.
PAGE
City Council authorized City Manager Jon McCarty to execute a lease agreement with
PAGENET The agreement includes three five-year leases on the Rowlett Road water
tower site. PAGENET will pay $650 per month with 5% monthly increases for each
year. There will be three antennae on top of the tower.
E. Approve Lease for PCS PrimeCo, L.P for Antennae at Future Water Tower Site at Custer
Road.
City Council authorized City Manager Jon McCarty to execute a five-year lease agreement
on the Custer Road water tower site with PCS PrimeCo, L.P PCS PrimeCo will pay
$850 monthly for the monopole. PCS PrimeCo will have two additional five-year lease
options with a 25 % increase in rent for each renewal and possible one-year extensions with
a 5 % increase for each renewal
F Approve a Pro Rata Ordinance for Off -Site Water and Sewer in Suncreek Development
Ordinance No. 1479-2-97: An Ordinance of the City of Allen, Collin County, Texas,
Establishing a Pro Rata Charge as a Prerequisite to Utilizing the Capacity of a Specified
Water Line; Providing a Severability Clause; Providing a Penalty; and Providing for an
Effective Date,
G. Approve a Pro Rata Ordinance for Off -Site Water Line on Custer Road.
Ordinance No. 1480-2-97: An Ordinance of the City of Allen, Collin County, Texas,
Establishing a Pro Rata Charge as a Prerequisite to Utilizing the Capacity of a Specified
Water Line; Providing a Severability Clause; Providing a Penalty; and Providing for an
Effective Date.
H Amend "Junked and Abandoned Vehicle" Ordinance to Bring Ordinance into Conformity
with State Law
Ordinance No. 1481-2-97: An Ordinance of the City of Allen, Collin County, Texas,
Amending Chapter 9, "Motor Vehicles and Traffic," Article XII, "Abandoned Vehicles,"
Section 9-321, "Definitions," Section 9-324, "Authority to Take Abandoned Motor
Vehicle into Custody," Section 9-325, "Taking Abandoned Motor Vehicle into Custody
Notice," Section 9-327, "Garagekeeper's Duty Abandoned Motor Vehicles," Section 9-
328, "Disposal to Demolisher," and Section 9-329, "Procedures for Abating Nuisance,"
of the Allen Code of Ordinances, as Previously Amended, to Conform to the Texas
Transportation Code; Providing for a Penalty; Providing a Severability Clause; and
Providing for an Effective Date
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 1997
PAGE 5
Adopt an Ordinance Confirming the City Council's Action of January 16, 1997 to Attach
a Specific Use Permit for a Radio Tower on 0.022 Acres out of the 1.5 -Acre Community
Facility Tract of Planned Development No. 56; Further Described as Being Located on
Custer Road South of McDermott Drive.
Ordinance No. 1482-2-97: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, by
Approving a Specific Use Permit and Site Plan for a Monopole Tower on the Following -
Described Tract of Land: 1.5 Acres of Land Located in the John Huffman Survey, Abstract
No. 416, City of Allen, Collin County, Texas; Providing for Exhibit "A" Site Plan;
Providing for a Penalty of Fine Not To Exceed the Sum of Two Thousand Dollars
($2000.00) for Each Offense; Providing for a Severability Clause; and Providing for the
Effective Date of Said Ordinance.
K. Tax Report
L. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows:
1. Ron Hobbs, Architect (Animal Shelter)
$4,269.16
For: Architectural Services
Animal Shelter Construction Fund
Period: September 19, 1996
2. Anchor Companies (Annual Shelter)
$24,385.50
For Continuing Construction of Shelter
Animal Shelter Construction Funds
Period: through January 25, 1997
3. Living Earth Technology (Fire Station #3)
$375.00
For: Construction/Landscaping
1994 Bonds
Period: January, 1997
4. Contractor's Stone Supplies (Fire Station #3)
$1,110.00
For. Construction/Landscaping
1994 Bonds
Period: January, 1997
5 Strawn Rentals (Fire Station #3)
$306.90
For: Construction/Landscaping
1994 Bonds
Period, December, 1996
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 1997
PAGE 6
6.
Ron Hobbs, Architect (Fire Station #3)
$1,007.16
For. Architectural Design
1994 Bonds
Period: through September 19, 1996
7
Ron Hobbs, Architect ( Fire Station #3)
$1,751.09
For: Architectural Services
1994 Bonds
Date: through December, 1996
8.
Site Concrete, Inc. (18" Water Line to Bethany Lakes Park)
$76,180.03
For: Construction Costs for Project Water
1995 Water/Sewer Bonds
Period: through January 25, 1997
9
Site Concrete, Inc. (12" Sewer Line to Bethany Lakes Park)
$14,333 60
For Construction Costs for Project
1995 Water /Sewer Bonds
Period: through January 25, 1997
i
10.
River Valley Enterprises, Inc ( 16" Water Line on Exchange)
$168,382.04
For: Pay Estimate #3
1995 Water Bonds
Period: Services for January 22, 1997
11.
Dona Jo Henderson Bewley, and Harold Henderson, as Natural
$6,000.00
Guardian of Erik S. Henderson and Kristi Henderson (FM 2170)
For: Purchase of ROW
Facility Agreement - Watters Crossing
Period: January 30, 1997
12.
Ron Hobbs - Architect (Animal Shelter)
$8,009.19
For: Architectural Services for New Shelter
Annual Shelter Construction Funds
Period: through January 15, 1997
13.
Site Concrete, Inc. (Bethany Drive Across Bethany Lakes Park)
$18,192.50
For: Construction Costs
1985 Street Bonds
Period: through January 25, 1997
14.
Gay, McCall & Isaacks (FM 2170/US 75 to Custer)
$2,500.00
For: Easement for Purchase of ROW
`i,
Facility Agreement Watters Crossing
Period: February 3, 1997
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 1997
15. Binkley & Barfield, Inc. (Exchange Parkway - Watters to Alma)
For: Bridge Design & Hydraulic Study
1992 Street Bonds
Period: through February 4, 1997
16. Binkley & Barfield, Inc. (Bethany Dr. - US 75 to BelAir)
For: Final Plans & Specifications
Facility Agreement - Watters Crossing, Bethany
Water Impact Fees, 1985 Street Bonds, Drainage Dept. Budget
Period: February 4, 1997
The motion carried.
PAGE 7
$7,300.00
111 11
End of Consent Agenda
Council Committee Repg (Agenda Item VII)
Services:
No Report
Finance/Administration:
Audit Report
Policy and Procedure Amendments
Development:
No Report
Mayor's:
Council Agenda
Economic Development Projects
Connect with Mission Conference
TML Legislative Briefing
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Mayor Lilly presented a plaque for the Texas Amateur Athletic Federation Award to Brianna Mason for
her participation in athletics in the City of Allen.
ALLEN CITY COUNCIL
j REGULAR SESSION
FEBRUARY 6, 1997
PAGE S
(Agenda Item IX)
Police Chief Richard Carroll reviewed the annual Crime Report for 1996. Although the population within
the City of Allen increased an estimated 10.4%, the actual total index of crimes decreased approximately 4%.
Chief Carroll attributed the decrease in crime to greater citizen awareness, juvenile efforts, and increased efforts
of the Police Department. He reviewed administrative data, actual crimes for the past three years and juvenile
crime.
Council and Staff complimented the Police Department for its aggressive work in this area.
Quarterly Financial Report (Agenda Item X)
Finance Director Charlotte Smith reviewed the Quarterly Financial Report with the Council. She reviewed
the recap of Revenue, Statements of Revenues and Expenditures, Statement of Revenues and Expenditures for the
Water and Sewer Fond, Solid Waste Fund, Economic Development Corporation Fund, Storm Drainage Utility
Fund and the Parks and Recreation Enterprise Fund.
There was no action taken on this item. This report was prepared for informational purposes only
i
Quarterly Investment Report (Agenda Item XI)
Finance Director Charlotte Smith reviewed the Quarterly Investment Report. Under the Public Funds
Investment Act, the Investment Officer of the municipality most prepare and submit to the governing body a report
of investment transactions for all funds.
There was no action taken on this item. This report was for informational purposes only
Consider a Request From Allen High School
Softball Club to Charge a Gate Fee at the Softball
Tournament Takine Place on February 13-15. 1997 (Agenda Item XII)
Larry Kirk, Program Coordinator, introduced Mark Stout who, on behalf of the Allen High School Junior
Varsity Softball Tournament, requested to charge a gate fee of $1.50 per day or $5.00 for a "tournament pass" to
all persons wishing to watch the games. The request included Ford Field #2 and Ford Field #3. These tournaments
are tun by non-profit organizations and the money retrieved from gate fees is used by their organizations to benefit
additional participants.
A request came from Council for Staff to review current ordinances in order to allow for the collection of
such fees and possibly create a range of fees so that the Park Board could make these decisions in the future.
Services Standing Committee will look at this issue and bring a recommendation to Council at a later date. It was
also suggested a Special Events Ordinance be considered
Motion: Upon a motion by Councilmember Thomas and a second by Councihnember Gallagher, the
? Council voted seven (7) for and none (0) opposed to authorize the proposed gate fee as requested
for $1.50 per day or $5.00 for a "tournament pass" for persons wishing to enter the facility to
watch the games on Ford Field #2 and Ford Field #3 for the Allen Junior Varsity Softball
Tournament to be held on Thursday, February 13, through Saturday, February 15, 1997 The
motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 1997
Council took a brief recess.
PAGE 9
Receive Report of the Community Development Corporation
Board of Directors Concerning Intent to Proceed with Project (Agenda Item XIII)
Debbie Stout, Chair of the Community Development Corporation Board, presented her report to the
Council indicating the Board's interest in the use of $1 million for Capital Improvements at Allen Station Park.
A Notice of Intent authorizing this project was published in the newspaper in accordance with state law on
January 25. After a 60 -day waiting period for any petitions against the proposal, a public hearing will be held after
which time the Council can authorize the spending of this money
Other facilities that the Community Development Corporation Board are considering include an indoor
swimming facility; footbridge behind Ford Park; electronic sign for community information; clean-up assistance;
traffic officer at the high school; completion of Bethany Drive; and a CD collection, children' books, and signage
for the Library
The Mayor's Committee will consider a process of how the board will bring forward projects to the Council
along with a communication coordination program.
Council took no action on this item at this time.
Other Business (Agenda Item XIV
Calendar (Agenda Item XIV -A)
February 15 Chamber Banquet
February 17 First day for candidates to file
February 25 & 26 Collin County Days
March 19 Last date for candidates to file
March 21 & 22 Spring Planning Session
April 14 First day of early voting
April 29 Last day of early voting
Items of Interest (Agenda Item )IV -B)
Councilmember Owen informed the Council she will be coming forward with information on Keep Texas
Beautiful Program and Clean Texas 2000.
Municipal Messenger Schedule (Agenda Item XIV -C)
City Secretary Judy Morrison presented information regarding the upcoming Municipal Messenger to be
��i"' delivered to the Allen citizen on approximately March 8.
ALLEN CITY COUNCIL
REGULAR SESSION
FEBRUARY 6, 1997 PAGE 10
Review Library Board Appointment Calendar (Agenda Item XIV -D)
City Secretary Judy Morrison reviewed the appointment schedule for the vacancy on the Allen Library
Board. It is anticipated that the appointment will take place at the regular meeting on February 20. 1997
The regular Council meeting was recessed at 9.45 p.m. and Council reconvened into Executive Session
at 10:00 p.m. on Thursday, February 6, 1997, in the Conference Room of the Allen Public Library
Executive Session (Agenda Item IV)
In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section
551.072, Personnel, Section 551074, Staff Presentations, Section 551.075, the Allen City Council convened into
Executive Session at 10:00 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza,
Allen, Texas in order to discuss matters pertaining to:
City Attorney Proposal
Staff Report on Economic Development
The Executive Session was recessed at 1150 p.m.
Reconvene and Consider Action on Items Discussed Durine Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 11:52 p.m on Thursday, February 6, 1997, in
the Council Chambers of the Allen Public Library There was no action taken on items discussed during Executive
Session
Adjourn (Agenda Item XVI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 11:54 p.m. on Thursday, February 6, 1997 The motion carried.
These minutes approved on the 20th day of February ,1997
APPROVED:
Kevin L. Lilly, MAYO
ATTEST: %
d?G7.i,/✓c
Jf(dy Moilison, CMC, CITY SECRETARY