Min - City Council - 1997 - 05/15 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 15, 1997
Stephen Terrell, Mayor
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher (absent)
Dave Powyszynski
Kenneth Fulk
Melissa Owen
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6,15 P.M.
With a quomm of the Councilmembers present, dinner and the workshop session of the Allen City Council
was called to order by Mayor Terrell at 6.15 p.m. on Thursday, May 15, 1997, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Open Council Discussion (Agenda Item II)
A decision will be made this evening with regard to interviews for the various board vacancies.
The new reporter from The Allen American will be introduced to the Council by Councilmember Owen
this evening.
Mr Waites seemed to be satisfied with the action he received from the City but has some other concerns
and questions. This may be a project for the new Parks and Recreation Director working with the Services
Standing Committee.
Staff was asked to look at goals for adhering to the Comprehensive Plan's density issues. It was reported
that information will be brought forward to the Council at its first meeting in June.
Hillside Park will have additional netting underneath the current netting by the ball fields It seems,
however, that balls are going above the back stop and the netting which is near the ground is a hazard to young
children.
Council was interested in receiving usage figures for the recreation center to see the impact for the future
on how the center has been utilized
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 15, 1997 PAGE 2
Concern was stated regarding maintenance features of various items at the recreation center
The Ministerial Alliance has been contacted regarding an invocation schedule. The Alliance has some
questions with regard to Council's intent and would like to be placed on the workshop agenda at the next meeting
for clarification.
The next agenda will contain information regarding a voting representative for the North Central Texas
Council of Governments (NCTCOG) if that information has been received by that time.
Discussion of Consent Agenda (Agenda Item III)
and Reiralm Aeenda Items
Clarification was sought regarding the Speed Limit Ordinance on the regular agenda Only the item
regarding Stacy Road has been changed in that ordinance.
Discussion was held regarding Agenda Item X, Reinvestment Zone #11. This will be a tilt -wall building
with a brick exterior similar to the current Sunbelt building.
Discussion was held regarding the hotel/motel tax funds for Parks and Recreation. This money is intended
to be used for fireworks and the Christmas tree lighting.
Discussion was held regarding the Allen Station Park budget and contract. Additional information will be
distributed during the regular meeting. Staff feels very confident about the contractor on this project.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:15 p.m. on Thursday, May 15, 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 7:20 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen,
Texas in order to discuss matters pertaining to:
New Personnel Proposal
The Executive Session was recessed at 7'45 p.m.
REGULAR SESSION - 7:46 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7,46 p m, on Thursday, May 15, 1997 in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 15, 1997
PAGE 3
(Agenda Item VI)
MOTION: Upon a motion made by Councihnember Ken and a second by Councilmember Powyszynski, 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 April 29, 1997, Special Called Workshop, Spring Planning
Session Follow-up.
B. Approve Minutes of the May 1, 1997, Regular Meeting.
C. Approve Minutes of the May 8, 1997, Special Called Meeting to Canvass Election,
D. Authorize Execution of a Contract with the Low Bidder for the Construction of Fire
Station No 4 and Approve the Comanactton Budget.
City Council authorized City Manager Jon McCarty to execute a contract with Rey -Bach,
Inc., for the amount of $618,000. The City Council set a budget of $733,000 for Fire
Station #4.
E Adopt an Ordinance Approving Speed Limits for Stacy Road through a Joint
Recommendation between the City of Allen and the Town of Fairview
Ordinance No. 1497-5-97: An Ordinance of the City of Allen, Collin County, Texas,
Amending Section 1-40 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as
Previously Amended by Ordinance Nos. 309, 482-12-83, 724-8-86, 859-6-889 962-12-
89, 1014-1-91, 1053-10-91, 1177-5-93, 120410-93 and 1475-11-96, and Chapter 9,
"Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed
Regulations," Section 9-135 of the Allen Code of Ordinances; Altering the Prima
Facie Speed Limits Established for Vehicles Under the Provisions of V.T.C.A.,
Transportation Code Section 545.356, Upon Bethany Drive and FM 2786 (Stacy
Road), or Parts Thereof, Within the Corporate Limits of the City of Allen, as Set Out
in this Ordinance; and Providing Penalty Clauses, Severability Clauses and an
Effective Date.
F Investment Report.
G. Approve Bills Associated with the 1985 and 1994 Capital Improvement
Program.
I Huitt-Zollars (Cedar Drive) $8,150.56
For: Design Phase
Funding Source: 1994 Park Bonds (Interest Earned)
Period: thin March 29, 1997
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2.
Clark Condon Associates (Allen Station Park)
$22,809.95
For: Allen Station Park Basic Services
Funding Source: 1994 Park Bonds
Period: thou April 30, 1997
3.
Advance Tank & Construction
$166,212.00
(Ground Storage Tank at Stacy Road)
For: Construction Costs for Project
Funding Source: Water Impact Fees
Period: thru April 30, 1997
4.
Black & Veatch (Ground Storage Tank at Stacy Road)
$1,950.00
For Engineering Costs for Project
Funding Source: Water Impact Fees
Period: ohm April 25, 1997
5.
New Communication Concepts (Animal Shelter)
$2,736.10
For: Install Telephone Equipment and Data Cables
Funding Source: Animal Shelter Construction Funds
Period: April 7, 1997
6
Goldthwaite's of Texas, Inc. (Animal Shelter)
$87247
For: Landscaping Materials for Shelter
Funding Source: Animal Shelter Construction Funds
Period: April 29, 1997
7
GBW Engineers, Inc. (Fire Station #4)
$1,220.00
For. Contingencies
Funding Source: 1996 Bonds
Period: April I - April 30, 1997
8.
Binkley & Barfield, Inc.
$1,000.00
(24" Water Line on Custer Road/Ridgeview to FM 2170)
For. Water Line Construction
Funding Source: 1992 Water/Sewer Bonds
Period: Services thru March 31, 1997
9
Walter C. Barrett, Inc. (Old Animal Shelter)
$1,100.00
For: Demolition of Old Shelter Building
Funding Source: Animal Shelter Construction Funds
Period, May 5, 1997
End of
The motion carried.
Consent Agenda
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ALLEN CITY COUNCIL
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MAY 15, 1997
Council Committee R Dols
Development:
PAGE 5
(Agenda Item VII)
NCTCOG Report of Bikeway Technical Assistance Project
Reviewed Ordinance Restricting Parking on Rivercrest Boulevard during School Hours
Update on the Comprehensive Plan Survey 1997
Finance/Administration:
No Report
Services:
Update Fire Station #4
Emergency Alerting Update
Update on K-9 Unit
New Radio Communication System for Allen and Frisco
Library Interlocal Agreement
Contract with the Dr. Pepper Bottling Company of Texas to be the Exclusive Drink Vendor at all City Park
Facilities
Parking Ordinance
Old Ambulance to be Used by the Tactical Unit
Six (6) New Police Officers
Mayor's Committee:
Current Council Agenda
Triad Meeting on January 29, 1998
McDermott Drive - West (FM 2170) goes out to Bid on May 19, Bids Opening June 17
Infrastructure possibilities along US 75 and SH 121
Municipal Messenger Schedule
's Comments (Agenda Item VHI)
There were no citizen's comments.
Presentation of the Final Report of the Community Facilities Committee (Agenda Item Ht)
Joe Farmer introduced the Committee members. He distributed the final report to the Council.
Mr Farmer highlighted the details of the report. The highest criteria is to receive voter support and approval.
The Council thanked Mr. Farmer, the Committee and subcommittee members for an outstanding job.
The Council set a workshop for May 27 at 7.30 p.m. to finalize the items in the report.
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MAY 15, 1997
PAGE 6
MOTION: A motion was made by Councilmember Falk and a second by Councdmember Powyszynski, the
Council voted six (6) for and none (0) opposed to accept the report of the Facilities Study
Committee, thank them for their contributions and participation in this important study and
acknowledge that they have completed their assignment. The motion carried.
Public Hearing on a Request to Establish Reinvestment (Agenda Item 7t)
Zone #11 to Support a New Facility in Allen and to Adopt
an Ordinance Implementing Reinvestment Zone #11 and
a Resolution Approving the Tax Abatement Agreement
David Pitstick, Director of Economic Development, stated that on April 16, 1997, the Allen Economic
Development Corporation (AEDC) Board of Directors voted unanimously to support JSC Realty & Investments
and Ball Semiconductor, Inc., through a real and personal property tax abatement of 40% per year for ten years.
The first 50,000 square feet facility will be built immediately The second building is proposed to be constructed
within the next five years. Ball Semiconductor plans to occupy the JSC buildings to conduct semiconductor
research and development activities. The facility is valued in excess of $2 million and Ball is planning to deliver
equipment and machinery to Reinvestment Zone #11 above $25 million. The AEDC Board recommendation is
40% real and personal property tax abatement for a period of ten years.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
There being none, Mayor Terrell closed the public hearing.
Council suggested communication be made with the neighboring homeowners and to request the tree line
remain intact along the railroad tracts, if possible
Ordinance No. 1498-5-97: An Ordinance of the City
of Allen, Callm County, Texas, Designating a Certain
Area as a Industrial Reinvestment Zone; Providing for
the Establishment of Agreements Within the Zone,
and Other Matters Relating Thereto; Providing
Findings of Fact; Providing a Severability Clause; and
Providing an Effective Date for the Commencement of
the Reinvestment Zone and this Ordinance.
MOTION: Upon a motion made by Councihnember Owen and a second by Councdmember Kerr, the Council
voted six (6) for and none (0) opposed to approve Ordinance No. 1498-5-97 as previously
captioned. The motion carried.
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Resolution No. 1499-5-97(R): A Resolution of the
City of Allen, Texas, Approving the Terms and
Conditions of a Tax Abatement Agreement by and
Among the City of Allen, Texas, JSC Realty and
Investment Services, Inc. and Ball Semiconductor,
Inc.; Authorizing Its Execution by the Mayor; and
Providing an Effective Date.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Kerr, the Council
voted six (6) for and none (0) opposed to approve Ordinance No. 1499-5-97(R) as previously
captioned. The motion carried.
Tabled Item: Authorize the City Manager to Enter (Agenda Item XI)
into a Contract between the City of Allen and the
Dr. Pepper Bottling Company of Texas to be the
Excluaive Drink Vendor at all City Park Facilities
Larry Kirk reviewed the contract with the Dr. Pepper Bottling Company of Texas. The Council
questioned the pricing of the drinks. Commissions are only on vending machines.
The Sponsorship rights in the contract ties in special events as well. The contract will be modified to entail
only sports facilities. The Services Committee has reviewed the contract.
Council concluded that the City will receive $46,000 worth of scoreboards and $4.50 a case for drinks
but was concerned about what the City gave up. Since there is no competition for fountain drinks, Council needs
to consider the final outcome of this contract since ASA is going to have to pay whatever Dr. Pepper charges.
Staff and Council would like to protect ASA if it gets out of line. We need to be informed so other options
might be considered.
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 authorize the City Manager Jon McCarty to
enter into a contract between the City and Dr. Pepper Bottling Company of Texas allowing Dr.
Pepper Bottling Company of Texas to be the exclusive drink vendor at all City park facilities. The
motion carried.
Consider the Recommendation of the AEDC (Agenda Item XII)
(Allen Economic Development Corporation)
Regarding Use of the Hotel/Motel Tax Receipts
and Authorize Contract Miccution for Successful Prom
Councilmember Powyszynski left the Council Bench due a previously signed affidavit affirming an
abstention of voting on the question and participation in discussions and deliberations.
Kathy Parkhurst stated that in order to annually award grant money from the Allen Hotel Occupancy Tax
Revenue in support of tourism, the arts, and historic preservation in Allen, the Allen City Council is required to
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 15, 1997
PAGE 8
review the recommendation from the Allen Economic Development Corporation (AFDC) Board of Directors as
to the amount of funds qualifying projects will be granted, and approve or revise the recommendation. The City
began collecting a local Hotel Occupancy Tax in October 1996. It will collect approximately $34,055 in local
hotel occupancy tax revenue by September 30, 1997 The public was notified through advertisements which
appeared in The Allen American. The AEDC Board of Directors reviewed applications and recommended grants
for the hotel occupancy tax revenue.
Attorney Pete Smith reviewed the applications received:
City of Allen Parks and Recreation Dept.
$15,000
Funding for Civic Special Events
Funding for Approved Community Projects
$15,000
Allen Chamber of Commerce - Visitors Information
$5,000
Allen Heritage Guild - Documentary
$5,000
Allen Heritage Guild - Historical Markers
$2,000
Connemara Conservancy
$2,000
Nonprofit Architecture
$1.000
Administrative Costs
$4,000
Legal Counsel
Advertising
Postage & Freight
Printing
Travel
Training/Seminars
Total Estimated Expenditures $34,000
In order to use these funds, a budget will need to be submitted to the City Manager with the project to be
completed in a specified period of time. If these steps are not followed, the money may be mined back in to the
Hotel/Motel fund.
MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Kerr, the Council
voted five (5) for and none (0) opposed to approve the Allen Hotel Occupancy Tax Grants. The
Council approved the proposed annual budget for Fiscal Year 1996-97 The motion carried.
Councilmember Powyszynski returned to the Council Bench.
Authorize Execution of a Contract with the
Low Bidder for the Construction of Phase I
of Allen Station Park and Approve the Project Budget
(Agenda Item XIII)
El Park Superintendent Tim Deader reviewed the various items included in Allen Station Park Phase I. H.
L. Zumwalt Construction, Inc., has been in the construction business many years and is highly regarded.
Excavation will begin June 1 and construction will be completed Spring 1998.
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ALLEN CITY COUNCIL
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MAY 15, 1997
CONSTRUCTION BUDGET
Clark Condon Design Fees
BEET
$381,500.00
Lab Testing
$5,000.00
Construction Cost (low bidder, H L. Zumwalt Construction)
$3,815,008.12
Construction Contingency
$431.118 88
TOTAL CONSTRUCTION BUDGET
$4,632,627.00
CONSTRUCTION FUNDING SOURCE
1994 Bond Funds
$862,892.00
1996 Bond Funds
$2,269,735.00
T.P W.D Grant
$500,000.00
CDC Funds
$1,000.000.00*
TOTAL FUNDS AVAILABLE
$4,632,627.00
*Funding from CDC will be from a bond sale planned in lune,
1997 General Fund
reserves will be pledged to cover this amount. Once the bond sale occurs the reserves
will be released. General Fund reserves total is slightly in excess of $3,000,000.
PAGE 9
MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to award the contract to low bidder, H. L.
Zumwalt Construction, Inc., to approve the budget, and to authorize the City Manager to enter
into a contract with H. L. Zumwalt Construction, Inc., for the construction of Phase I of Allen
Station Park The motion carried.
Approve a Request for Proposal for
Consulting Services to Prepare a Land
Utilization Plan for "The Woods of Snr,creek"
(Agenda Item XIV)
City Manager Jon McCarty stated that the City now owns 76 acres of land that is almost entirely wooded and
contains the vast bulk of the wooded property located south of Mrs. McDermott's property The time is
appropriate for the City to do a land utilization study The purpose of the study is to determine with more
specificity the actual uses of the property Of the 76 acres, over 40 acres are outside the flood -plain and so some
development opportunities do exist even though the primary use of the property will be for passive recreation.
The proposed uses of this property also need to take into consideration adjacent publicly -owned property by the
City of Plano and the private conservancy, Connemara, creating a wide diversity of uses within the Rowlett Creek
corridor but which should be coordinated. The properties should be identified for possible future acquisition The
Comprehensive Plan, Greenbelt and Linear Park Study, and possibly the Trinity River Study will be considered
in this process as well as input from citizens, boards and commissions.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Powyszynski,
the Council voted six (6) for and none (0) opposed to approve the Request for Proposal, authorize
solicitation of proposals and set a budget for the project not to exceed $30,000.
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ALLEN CITY COUNCIL
REGULAR MEETING
MAY 15, 1997 PAGE 10
Adopt an Ordinance Establishing Service (Agenda Item XV)
Rates for the New Solid W cte Provider for the Citv
Ordinance No. 1500-5-97: An Ordinance of the City
of Allen, Collin County, Texas, Amending Sections 6-
59(a), 6-60.2 and 6-60.3 of Chapter 6, "Health and
Environment," Article III, "Solid Waste," of the Allen
Code of Ordinances; Providing a Revised Schedule of
Rates and Fees for Solid Waste Disposal and
Collection; and Providing for an Effective.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councihnember Powyszynski,
the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1500-5-97 as
previously captioned. The motion carried.
(Agenda Item XII)
Legislative Update
Assistant City Manager Michael Stanger reviewed several bills and where they are in the House and
Senate.
Calendar
May 27 7:30 p.m. Workshop - Facility Study Committee Report
May 29 7:00 p in. Budget Workshop
June 16 11:00 a.m. Mayor's Committee Meeting
Items of Interest
There were no items of interest.
The regular Council meeting was recessed at 11.10 p in. and Council reconvened into Executive Session
at 11 15 p.m. on Thursday, May 15, 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 551.074, Staff Presentations, Section 551.075, the Allen City Council reconvened
into Executive Session at 11 15 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza,
Allen, Texas in order to continue discussing matters pertaining to.
New Personnel Proposal
The Executive Session was adjourned at 11:45 p.m.
L ALLEN CITY COUNCIL
REGULAR MEETING
MAY 15, 1997
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Reconvene and Consider Action on Items Di ed During Execirtive Seasion (Agenda Item V)
The Allen City Council reconvened into regular session at 11:46 p.m. on Thursday, May 15, 1997, in
the Council Chambers of the Allen Public Library There was no action taken on items discussed in Executive
Session.
(Agenda Item XIII)
MOTION: Upon a motion made by Councihnember Kerr and a second by Councilmember Powyszymki, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 11:47 p.m. on Thursday, May 15, 1997 The motion carried.
These minutes approved on the 5th day of June , 1997
ATTEST:
J y Mor on, CMC, CITY SECRETARY
APPROVED:
Stephen Terrell, MAYOR