Min - City Council - 1997 - 04/17 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 17, 1997
Present:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Dave Powyszynski
Steve Terrell
Melissa Owen
city-SS;It'f:
Jon McCarty, City Manager
Judy Morrison, City Secretary
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With a quorum of the Councihnembers present, dinner and the workshop session of the Allen City Council
was called to order by Mayor Pro Tem Kerr at 6:18 p.m. on Thursday, April 17, 1997, in the Council Chambers
of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
(Agenda Item 11)
A religious organization is wanting to donate 150 hours of volunteer time to the City of Allen. If any of
the staff or Councilmembers have any ideas about possible work projects, please refer them to the Services
Standing Committee who will work with the appropriate staff regarding placement of the volunteers
Council was asked to choose dates for the upcoming year for joint meetings with the school district. It was
also suggested that one of the three (3) dates be used as a TRIAD meeting including the Chamber.
Construction schedules were distributed regarding FM 2170 East. According to the schedule, the job
should be finished by the middle of November.
Parks and Recreation Department has taken action to solve the hike and bike trail problem, due to moss
and algae growth
Parks and Recreation will be providing the landscape at the new Animal Shelter as it did at Fire Station
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ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 17, 1997
Allen Station Park is going forward with approval of the plat on April 24, 1997
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Negotiations between Community Waste Disposal and BFI regarding the transition of polycarts has been
cut-off.
It was announced that the Youth Advisory Board in conjunction with the Allen Community Outreach won
the Collin County Volunteer Award in the youth category
An update will be given at an upcoming meeting regarding the relocation of utilities of FM 2170 West.
Discussion of Consent Agenda
and Remalar Agenda Items
(Agenda Item III)
Discussion was held regarding parking of vehicles near or adjacent to thoroughfares. This process will be
enforced through Community Development and the Police Department.
Council was reminded of the Mayors' reception for April 27, 1997 at Joe Farmer Recreation Center
beginning at 2:00 p.m.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 6:50 p.m. on Thursday, April 17, 1997
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 7:10 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen,
Texas in order to discuss matters pertaining to:
Personnel - Appointments and Evaluations
Attorney - Opinion Regarding Annexations
The Executive Session was recessed at 7:30 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 Pro Tem Kerr at 7 40 p.m on Thursday, April 17, 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 Gallagher and a second by Councilmember Owen, 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 March 31, 1997 Special Called Workshop.
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ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 17, 1997
B. Approve Minutes of the April 3, 1997, Regular Meeting
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C. Approve Minutes of the April 8, 1997, Joint Workshop of the Allen City Council,
Chamber of Commerce and Allen Independent School District Board of Trustees.
D Accept Letter of Resignation from Mayor Lilly and Declare a Vacancy in the Mayor's
Position.
E. Approve Specifications and Authorize Solicitation of Bids for Construction of Cedar Drive
and Station Park Drive in Allen Station Park.
F Tax Report
G Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows:
1.
Alpha Testing, Inc. (Station #4)
$1,950.00
For: Contingencies
Funding Source: 1996 Bonds
Period: March 20, 1997
2.
David C. Baldwin, Inc. (Neighborhood Park Renovations)
$1,758.16
For Park and Playground Planning Services
Funding Source: 1994 Park Bonds
Period: April 2, 1997
3.
Ron Hobbs (Recreation Building Facilities)
$555.00
For: HVAC Consultation
Funding Source: Prior 1992 Interest Allocated to Bethany Lakes
Period: thin March 25, 1997
4.
Clark Condon Associates (Allen Station Park)
$23,026.04
For: Allen Station Park Basic Services
Funding Source: 1994 Park Bonds
Period' thin March 31, 1997
5.
Clark Condon Associates (Allen Station Park)
$4,420.40
For: Allen Station Park Basic Services
Funding Source: 1994 Park Bonds
Period: thin March 31, 1997
For: Engineering Costs for Project
Funding Source: Water Impact Fees
Period: thin March 28, 1997
it. Evergreen Funding Corp. [Yoko Construction, Inc.]
(Asphalt Alley Replacement with Concrete) $37,242.00
For Asphalt Alley Replacement 16-3
Funding Source: 1994 Street Bonds
Period: April ll, 1997
The motion carried.
End of Consent Agenda
Council Committee Repo tc (Agenda Item VII)
Services:
Fire Station #4
Hazardous Material Response Ordinance
Update on Animal Shelter
Update on K-9 Acquisition
Library Interlocal Agreement
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 17, 1997
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Anchor Companies (Anneal Shelter)
$19,83649
For: Continuing Constmction of Shelter
Funding Source: Anneal Shelter Construction Funds
Period: thin March 25, 1997
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Polytech Epoxy Floors (Animal Shelter)
$7,800.00
For: Resurfacing New Animal Shelter Floor
Funding Source: Rose Shelton Donation Account
Period: April 5, 1997
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Blair Graphics (Asphalt Overlay, Total Reconstruction)
$100.05
For: Copies of Plans
Funding Source: 1994 Street Bond Funds
Period: April 4, 1997
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J. C. Evans Constmction Co. (24" Water Line on Custer Road
— Ridgeview to FM 2170)
$36,570.00
For. Water Line Construction
Funding Source: 1992 Water/Sewer Bonds
Period: Services thin March 31, 1997
10.
Black & Veatch (Ground Storage Tank at Stacy Road)
$3,300.00
For: Engineering Costs for Project
Funding Source: Water Impact Fees
Period: thin March 28, 1997
it. Evergreen Funding Corp. [Yoko Construction, Inc.]
(Asphalt Alley Replacement with Concrete) $37,242.00
For Asphalt Alley Replacement 16-3
Funding Source: 1994 Street Bonds
Period: April ll, 1997
The motion carried.
End of Consent Agenda
Council Committee Repo tc (Agenda Item VII)
Services:
Fire Station #4
Hazardous Material Response Ordinance
Update on Animal Shelter
Update on K-9 Acquisition
Library Interlocal Agreement
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 17, 1997 PAGE 5
Finance/Administration:
No Report
Development:
No Report
Mayor's:
Current Council Agenda
Possible Lease Agreement for Soccer Field Use
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Tabled Item: Consider an Ordinance Prohibiting Parking of (Agenda Item IX)
V h'cles for the Purpose of Calle Near or Adjacent to Thoroughfares,
Motion: Upon a motion made by Councdmember Gallagher and a second by Councilmember Terrell, the
Council voted six (6) for and none (0) opposed to remove from the table Agenda Item IX, Tabled
Item: Consider an Ordinance Prohibiting Parking of Vehicles, for the Purpose of Sale, Near or
Adjacent to Thoroughfares. The motion carried.
Bill Petty, Director of Community Development, reviewed revisions to the original ordinance as instructed
by Council at their April 3 meeting. A sentence had been added to include the occasional display for sale by the
registered owner of a vehicle on private property owned by that individual. Also the Council had a concern
regarding the number of hours allowed prior to towing the vehicle. The City Attorney suggested 24 hours should
be given. However, he has indicated that no specific regulations on this issue were found. Mr Petty recommended
the Council consider 6-8 hours rather than 12-24 hours.
Joe Abernathy, Allen, Texas spoke before the Council and indicated his concern with regard to enforcement
of this issue.
Council expressed concern about private property and location of vehicles on private property
Ordinance No. 1491-4-97: An Ordinance of the City
of Allen, Collin County, Texas, Amending Chapter 9,
"Motor Vehicles and Traffic," of the Code of Ordi-
nances of the City of Allen, Texas, By Adding an
Article XIV Prohibiting the Parking of Vehicles for the
Intent of Sale Near or Along Major Thoroughfares;
Providing for Procedures for Towing and Storage of
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REGULAR SESSION
APRIL 17, 1997 PAGE 6
Vehicles in Violation of this Ordinance at the Expense
of the Owner; Providing for an Exception Where the
Vehicles are Parked at a Location Having a Certificate
of Occupancy for the Sale of Vehicles Having a
License From the Texas Department of Transportation
for the Sale of Vehicles at that Location; Providing
for an Effective Date; and Providing for Publication of
the Caption.
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Gallagher, the
Council, voted six (6) for and none (0) opposed to approve Ordinance No. 1491-4-97 as
previously captioned to include an eight (8) hour notification period in Section 2 (b)(2)(ii). The
motion carried.
Public Hearing to Establish Corridor Commercial Zoning (Agenda Item X)
on 23.315 Acres Situated in the Shadrick Jackson Survey,
Abstract No. 489, Collin County, Texas; Further Described
as Being Located at the Southeast Comer of SH 121 and
Custer Road as Requested by United Commercial Develop-
ment Corporation and Winkehnan & Associates.
Bill Petty, Director of Community Development, reviewed the request for zoning by United Commercial
Development at SH 121 and Custer Road. Although the existing zoning is Agriculture -Open Space (AO) the
region is identified on the Land Use Plan at Special District One. The plan proposes quality, high and low rise
offices, light industrial and retail uses along SH 121. The following are findings of the Planning and Zoning
Commission:
The request is in conformance with the Comprehensive Plan
The request is compatible with adjacent land uses.
3. The Traffic Impact Analysis has been considered in the proposed submission, and the proponent
is willing to make modifications as required.
The Council questioned the Custer Road alignment since Custer Road is entirely in the City of Plano.
Council also expressed concerns about the presentation of the northwest entry into the City of Allen.
James Zigler with United Commercial Development Corporation informed the Council that he saw this
corner as a high-end retail center similar to others in North Dallas.
Mayor Pro Tem Kerr read the request into the record as follows:
"Public Hearing to Establish Corridor Commercial Zoning on 23.315 Acres Situated in the
Shadrick Jackson Survey, Abstract No. 489, Collin County, Texas; Further Described as Being
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 17, 1997 PAGE 7
Located at the Southeast Comer of SH 121 and Custer Toad as Requested by United Commercial
Development Corporation and Winkelman & Associates."
Mayor Pro Tem Kerr 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, Mayor Pro Tem Kerr closed the public hearing.
Council was informed that currently the City of Allen is working with Collin County, Texas Department
of Transportation (TXDOT), McKinney and Plano on design guidelines along SH 121. These will he applied by
overlay zoning which will include landscaping, set -backs and color coordination.
MOTION: Upon a motion made by Councilmember Gallagher and second by Councihnember Powyszymki,
the Council voted six (6) for and none (0) opposed to confirm the Planning and Zoning
Commission recommendation request from United Commercial Development Corporation and
Winkelman & Associates to establish Corridor Commercial Zoning on 23.315 Acres. The
motion carried.
Authorize the City Manager to Enter into a
Contract Between the City of Allen and Dr.
Pepper Bottling Company of Tetras to be the
Exclusive drink Vendor at All City Park Facilities (Agenda Item XD
Larry Kirk, Parks and Recreation Program Coordinator reviewed a contract outline between Dr. Pepper
Bottling Company of Texas and the City of Allen. This is a 546,000 value over a ten (10) year period. The
Soccer Commissioners in the City are not interested in score boards for soccer fields.
Staff was asked to add to the contract verbiage to include future fields. A question was raised regarding
the 50 -cent price and what would be done several years from now with regarding costs. Also, we do not know
what the profit margin will be unless it is laid out in the contract. This contract needs to be put in favor of the City
and we should not be totally locked in to one vendor. Council indicated that it was Staff's responsibility that the
contract be fair and to the benefit of the City's protection.
MOTION: Upon a motion made by Councilmember Thomas and a second by Concilmember Powyszynski,
the Council voted six (6) for and none (0) to Table Agenda Item XI, Authorize the City Manager
to Enter into a Contract Between the City of Allen and Dr. Pepper Bottling Company of Texas
to be the Exclusive Drink Vendor at All Park Facilities, with Staff to review and bring back the
contract after having gone to Services Standing Committee for additional information. The motion
carried.
The City Manager recommended the item be tabled until May 15, 1997
Council took a brief recess.
Approve the Demolition of Old Animal Shelter Building (Agenda Item XII)
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Captain Ed Stevens recommended the City dispose of the old animal shelter building since it would be
quite costly to refurbish it. Some of the fencing and items will be donated to smaller community animal control
programs.
Council felt that it should be destroyed because it is an attractive nuisance to kids in the area. Council also
asked that signage be placed at the old shelter, directing individuals to the new animal shelter building.
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Powyszymki,
the Council voted six (6) for and none (0) opposed to approve the demolition of the old animal
shelter. The motion carried.
Adopt a Resolution Authorizing Actions for
Continued Solid Waste Collection Service
(Agenda Item XIII)
City Manager Jon McCarty, indicated there may be a lapse of approximately 30 days between the ending
of the current service and the beginning of the new service for solid waste collection. Although verbal assurances
have been received from BFI, staff believes it is necessary to formalize these understandings.
Council expressed a desire that staff review the Community Waste Disposal business plan in order to
provide service to the City of Allen as promised.even though the staff is requesting this backup delivery plan.
Resolution No. 14924-97(R): A Resolution of the
City of Allen, Collin County, Texas, Authorizing the
City Manager to Negotiate a Continuation of Solid
Waste Collection in the City of Allen and, if Neces-
sary, for the City Attorney to Seek Action to Insure
That There is no Lapse in Solid Waste Service Within
the City.
MOTION: Upon a motion made by Councilmember Powyszymki and a second by Councilmember Owen,
the Council voted six (6) for and none (0) opposed to approve Resolution No. 1492-4-97(R) as
previously captioned. The motion carried.
(Agenda Item XIV)
Accountant Linda Vaughn presented Financial Reports for the first half of fiscal 1996-97 Finances of
the City are to excellent condition. There was no Council action on this item, this report was for informational
purposes only
Review Board Appointment Calendar for Newly
Created Board - Keep Allen Beautiful Board.
(Agenda Item XV)
(Agenda Item XV -A)
City Secretary Judy Morrison reviewed the appointment calendar for the Keep Allen Beautiful Board
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ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 17, 1997
Calendar
April 19
April 24 6:00 p.m.
April 29 6:00 p.m.
Items of Interest
There were no items of interest.
Legislative Update
Collin County Walk for Parks
Joint AISD/Council Meeting - Curtis Middle School
Spring Planning Workshop - Phase II
House Bill 1515 - Limits cities from collecting underpaid utilities fees.
House Bill 1366 and Senate Bill 527 - Polygraph/Police Officer disciplined for refusing
Senate Bill 746 - Tax abatement
Senate Bill 1557 - Remove school districts' ability to provide tax abatements
House Bill 2280 - Municipal Judge to serve more than one city
House Bill 34 - Carrying of firearms in parks
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CCED will be meeting next Wednesday, April 23, 1997, to see how further it would like to influence
additional changes in legislation and its desire to take up a fight on the tax abatement bill.
Notice was given that FSI Ribbon Cutting will be at 11:00 a.m., May 2, 1997
The regular Council meeting was recessed at 10:15 p.m. and Council reconvened into Executive Session
at 10:20 p.m. on Thursday, April 17, 1997 in the Conference Room of the Allen Public Library
(Agenda Item IV)
Council reconvened into Executive Session at 10:20 p m. on Thursday April 17, 1997 in the Conference
Room of the Allen Municipal Annex in order to discuss matters pertaining to personnel - appointments and
evaluations and Attorney opinion regarding annexations.
The Executive Session was adjourned at 12:30 a.m.
Reconvene and Consider Action on Item Discussed During Executive Session (Agenda Item XVI)
The Allen City Council reconvened into regular session at 12:35 a.m.on Friday, April 18, 1997 in the
Council Chambers of the Allen Public Library
ALLEN CITY COUNCIL
REGULAR SESSION
APRIL 17, 1997
PAGE 10
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted five (5) for and none (0) opposed with Stephen Terrell abstaining that nominations
cease and that Stephen Terrell be elected by acclamation to the designated place of Mayor on the
Allen City Council to fulfill the unexpired term with expiration of May, 1998. The motion
carried.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember
Powyszynskr, the Council voted six (6) for and none (0) opposed to appoint Kenneth Fulk to the
unexpired term of Place No 5 of Allen City Council with expiration date of May, 1997 The
motion carried.
(Agenda Item XVII)
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Thomas , the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:40 a m. on Friday, April 18, 1997 The motion carried.
These minutes approved on the 1st day of May , 1997
IAPPROVED:
ATTEST:
0�—
dy Mo 'ron, CMC, CITY SECRETARY
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L--Co-
Stephen i
--XodStephen' MAYOR