Min - City Council - 1997 - 08/21 - RegularALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997
Present:
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Dave Powyszynski
Kenneth Fulk
Melissa Owen
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:10 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 Terrell at 6:10 p.m on Thursday, August 21, 1997, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Open Council Discussion (Agenda Item H)
The City Manager informed the Council that tonight would be the appropriate evening to set the date
for a public hearing on the tax rate. Since no increase is being considered at this time, there will be no public
hearing set.
A distributor has provided information for Council's review to be used by new water customers. Such
packets of information are currently being used in cities such as Plano, Flower Mound, and Highland Village.
The Chamber of Commerce will also review this packet and look at it as a possible joint project with the City if
all parties are interested.
A meeting was held earlier in the day with Representative Sam Johnson, the Mayor, and City Manager.
He will be bringing information back regarding the construction of cellular towers
The Mayor meet with Jay Nelson and several State engineers, also today The concern of the City is
funding for SH 5 and meeting the timeline set. The State is near completing the purchase of 59 of 93
properties for right-of-way The City will be working to attam authorization to enter the property to start
moving utilities even though right-of-way acquisition is not complete. In so doing, both projects, moving of
utilities and acquisition of right-of-way, will take place simultaneously Judge Harris has also agreed to
expedite any condemnations if needed.
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997
Discussion of Consent Agenda
and Regular Agenda Items
PAGE 2
(Agenda Item III)
Discussion was held regarding the type of fitness equipment to be placed in the new Joe Farmer
Recreation Center fitness room.
Discussion was held regarding Agenda Item XII, "Authorize Engineering Contract and Approve
Budget for Storm Sewer for an Area Along Ridgemont." There are FHA standards for lots and the grading of
those lots. The City plans to fur the problem to a 100 -year flood plain; however, a certain effort of the
property owners is expected to eliminate any future problems above that threshold.
Discussion was held regarding Agenda Item XIII, "Adopt an Ordinance Setting Fees for Parks and
Recreation Programs " The fee range is intended to be used to be able to move the fee within that range
without Council approval and to be done only once a season with Park Board approval.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 6:50 p.m on Thursday, August 21, 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 7:00 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic
Plaza, Allen, Texas in order to discuss matters pertaining to:
Personnel Appointments
The Executive Session was recessed at 7,45 p.m
REGULAR SESSION - 7:50 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7:50 p.m. on Thursday, August 21, 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
Powyszynski , the Council voted seven (7) 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 August 7, 1997, Regular Meeting.
El
B. Tax Report.
C Approve Bid and Authorize Purchase of Fitness Equipment for Joe Farmer Recreation Center.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997
PAGE 3
City Council authorized the City Manager to execute a contract with Star Trac by Unisen,
$18,180 and Cardio Budget, $21,339 for a total of $39,519 for fitness facility equipment and
$2,641 for mats and other items for the fitness facility at the Joe Farmer Recreation Center.
D Authorize Engineering Contract and Budget to Add Left -Turn Phase for Traffic Signal at
Jupiter and Bethany
City Council authorized the City Manager to execute an engineering contract in the amount of
$1,500 with Leftwich & Associates, set an estimated construction cost of $8,500 and set a total
budget of $10,000.
E. Authorize Payment for Right -of -Way (ROW) for Alma Road Extension.
City Council authorized the City Manager to disburse funds of approximately $52,500 for the
purchase of ROW at closing at the end of August 1997 The budget for construction is set at
$400,000, for a total budget of $460,000.
F Approve Bid, Authorize Contract and Approve Budget to Construct Allenwood Area Storm
Sewer.
LCity Council authorized the City Manager to execute a contract with Saber Development for a
unit cost of $126,412 and authorized changes to the components of the budget, which stays at
$150,000.
G. Approve Bid, Authorize Contract and Approve Budget to Replace a Section of Sewer Line on
Jupiter Road
City Council accepted the withdrawal from North Texas Underground and authorized the City
Manager to execute a contract with Line One, Inc., for $29,150 to replace the Jupiter Sewer
line.
H. Set September 18, 1997, as Public Hearing Date on a Request to Change the Zoning from
Agriculture -Open Space to Community Facilities.
L Consider Two -Year Extension to Existing Site Plan for Temporary Buildings for First Baptist
Church, Allen, Texas.
J Accept Resignation and Declare a Vacancy in Place No. 5 of the Planning and Zoning
Commission.
K. Approve Bills Associated with the 1985 and 1994 Capital Improvement Program.
1. H. L Zumwalt Construction (Allen Station Park) $489,890.30
For. Allen Station Park Construction
Funding Source: 1996 Park Bonds
Period: thin July 25, 1997
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997 PAGE 4
2. Clark Condon Associates (Allen Station Park)
$6,182.70
For: Allen Station Park Basic Services
Funding Source: 1994 Park Bonds
Period: thin July 31, 1997
3. David C. Baldwin, Inc. (Neighborhood Park Renovations)
$1,203.76
For: Park and Playground Planning Services
Funding Source: 1994 Park Bonds
Period: thru August 6, 1997
4. Wier & Associates, Inc. (Bethany Drive/US 75 to BelAir)
$1,950.00
For: Invoice #3235
Funding Source ProRata Interest
Period: August 7, 1997
5. Black & Veatch
$3,400.00
(Pump Station & Ground Storage/NW Quadrant of City)
For: Engineering for Preliminary Site for Water Supply Facility
Funding Source, Water Impact Fees/Operating Check
Period: thin July 25, 1997
6. Texas Dept. of Licensing & Regulations (Station #3)
$265.00
For. Contingencies
Funding Source: 1994 Bonds
Period: August 1997
7 Bon Terre -B LTD (Alma Drive/Bethany to Hedgcoxe)
$79,883.22
For: 26% City Participation in Rowlett Creek East Bridge
Funding Source. 1994 Street Bonds
Period: August 9, 1997
The motion carried.
End of Consent Aeenda
Comtcil Committee Reports (Agenda Item VII)
Development Services:
• Traffic Signal at Bethany and Jupiter
• Changing Name of Federal and State
• Emergency Repairs
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997 PAGE 5
Services:
• Update Fire Station #4
• SRO Program
• Neighborhood Parks
Finance/Administration:
• Cable TV Service
• Extended Area Services
Mayor's Committee:
• Review Current Council Agenda
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Public Hearing on a Request to Establish (Agenda Item IX)
1 Reinvestment Zone #13 to Support a New Facility in
Allen and Adopt an Ordinance hnplementing
Reinvestment Zone #13
Economic Development Director David Pitstick reviewed the request to establish Reinvestment Zone
#13. The building will be located at the northeast corner of the Bethany Drive and Century Parkway
intersection. The proposed building will house a company known as Inter Commercial Business Systems,
Inc., (ICBS) which is proposing to employ in excess of 100 local employees. The building will be owned by a
subsidiary of ICBS. The agreement will include real and personal property tax abatement at 40% each year
for a period of ten years on City taxes. There will be no abatement provided to ICES on School taxes. In
return, ICBS will construct a building and relocate equipment valued in excess of $5 million to Allen.
According to these projections, ICBS will contribute $1,039,400 in local taxes and the City will forgo
$129,600 in abatements over the next 10 years
Mayor Terrell 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 Terrell closed the public hearing.
Mr. Tom Lacey, President of ICBS reviewed the background of the company which has pioneered the
caller ID board.
Mr. Richard Ferrara, Architect, stated that he feels ICES is a compliment to the Millennium Business
Parks. It will look more like an office building than an assembly plant.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997 PAGE 6
Ordinance No. 1521-8-97: An Ordinance of the City
of Allen, Collin County, Texas, Designating a
Certain Area as an Industrial Reinvestment Zone;
Providing for the Establishment of Agreements
within the Zone, and Other Matters Relating
Thereto; Providing Findings of Fad; 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 Councilmember Gallagher and a second by Councdmember Fulk, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1521-8-97 as
previously captioned in accordance with the Allen Economic Development Corporation Board
of Directors' recommendation. The motion carried.
Public Hearing on a Request to Establish (Agenda Item 7q
Reinvestment Zone #14 to Support a New Facility in
Allen and Adopt an Ordinance Implementing
Reinvestment Zone #14
Economic Development Director David Pitstick reviewed the request to establish Reinvestment Zone
#14 The facility to be located along Enterprise Drive adjacent to the new Ericsson and Peerless Group
headquarters buildings, directly east of the Experian Data Center, will be constructed by the Trammel Crow
Company for a single national corporation with estimated employment in excess of 300 people. The
recommended incentive agreement includes property tax abatement for real property at 40% each year for a
period of ten years on City taxes. There will be no abatement provided to the Trammel Crow project on Allen
School District taxes. In return, Trammel Crow will construct a building and locate business operations
valued in excess of $7 million. Based on current tax rates, over the next ten years the proposed Trammel
Crow facility will yield $1,455,160 in City and Allen I.S.D property taxes.
Mayor Terrell 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 Terrell closed the public hearing.
Mr. David Nobel reviewed the design of the facility
Mr. Tom Gills indicated this will be a primary distribution facility for Day Laboratory and a customer
service center that produces mostly Respiratory Therapy products. Completion is expected December 1997
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997 PAGE 7
Ordinance No. 1522.8-97: An Ordinance of the City
of Allen, Collin County, Texas, Designating a
Certain Area as an 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 Councilmember Powyszynski and a second by Mayor Pro Tem Kerr,
the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1522-8-97 as
previously captioned in accordance with the Allen Economic Development Corporation Board
of Directors' recommendation. The motion carried.
Public Hearing on a Request to Establish (Agenda Item XI)
Reinvestment Zone #15 to Support a New Facility in
Allen and Adopt an Ordinance Implementing
Reinvestment Zone #15
Economic Development Director David Pitstick reviewed the request to establish Reinvestment Zone
#15. The development of a 120,000 square foot office facility is proposed for construction on 8.2 acres at the
southeast corner of Bethany Drive and Central Expressway The building will be constructed by the Myers
Crow Company for a single national corporation with estimated employment of 700 people. The
recommended incentive agreement includes property tax abatement for real property at 40% each year for a
period of ten years on City taxes. There will be no abatement provided to the Myers Crow project on Allen
School District taxes. Also, the AEDC Board agreed to provide Myers Crow with a direct cash grant of
$70,000 to assist with the cost of construction of an additional lane of traffic on the north side of Bethany
Drive between Central Expressway and Enterprise Drive. In return, Myers Crow will construct a building
and locate business operations valued in excess of $15 million. Based on current tax rates, over the next ten
years the proposed Trammel Crow facility will yield $3,118,200 in City and Allen I S.D property taxes.
During the same term, the City will abate $388,800.
Mr. Mark Myers presented a design of the building. The building will be 40' tall. Negotiations are in
place with Perot Systems for use as a world-wide global command center -- a state of the ark building.
Completion is expected in February or March 1998. Mr. Myers has also contracted for 16 acres north of
Bethany Road due to interest in this vicinity
Mayor Terrell 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 Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997 PAGE 8
Ordinance No. 1523-8-97: An Ordinance of the City
of Allen, Collin County, Texas, Designating a
Certain Area as an 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 Councilmember Gallagher and seconded by Councilmember Owen,
the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1523-8-97 as
previously captioned in accordance with the Allen Economic Development Corporation Board
of Directors' recommendation. The motion carried.
Council took a brief recess.
Authorize Engineering Contract and Approve (Agenda Item XII)
Budget for Storm Sewer for an Area Along
Ridgemont
Public Works Director George Conner indicated that three homes on Ridgemont have flooded twice
this June. Several circumstances combine to cause flooding at this location. The homes are built below the
curb elevation, and the lot grading was not done properly to allow flow around the home. More crown in the
streets is needed to force the water against the curb. There are no cadets placed at the street to the north of
these homes to pick up water coming down the hill, and when water backs up in the street from the inlets not
draining fast enough, the additional water goes over the curb. The City needs to provide additional inlet
capacity to allow the storm water at this location to get into the storm drain pipe quickly Staff advises the
home owners to regrade their lots and provide drainage under their fences between their homes to the alley
The comtmction budget is as follows.
Item
Cost
Constmction
$80,000
Engineering
$5,000
Contingency
$8,000
Total
$93,000
MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Fulk,
the Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute
a contract with Corwin Engineering, Inc , and set a budget of $93,000. The motion carried.
The following persons submitted Public Meeting Appearance Cards supporting this item: Ms. Rhonda
Enloe, 917 S. Ridgemont Drive, Allen, Texas; Mr. Lowell Enloe, 917 S. Ridgemont Drive, Allen, Texas;
and, Mr. Randy Hall and Ms. Nita Hall, 915 Ridgemont Drive, Allen, Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997 PAGE 9
Mr. Mark Bales, 919 Ridgemont, Allen, Texas, asked the City for damages since the City's insurance
company has denied payment. Mr. Bales stated that he feels that the City has a responsibility, even though it
may not be legally negligent. He also expressed concern regarding excess speed in this area.
The City Manager will discuss the question with the insurance company The City will also look at the
speed issue in this area.
Adopt an Ordinance Setting Fees for Parks and (Agenda Item 30111)
Recreation Programs
Parks and Recreation Director Don Horton indicated that Enterprise fees have remained constant since
the 1993-94 fiscal year. Since that time, the department has had increases in expenses for most of the
programs operating under the Enterprise Account. Staff analyzed competing Cities' fees and aligned Allen
fees to be competitive with market conditions. The range will make the operation of the department more
responsive to the changing market and more entrepreneurial in the fiscal management of its services. As a
policy procedure, the department will carry any fee change, within the City Council approved range, to the
Parks and Recreation Board for advice prior to initiating the fee change. Should a fee need to be set above or
below the fee range, all requests will go before the City Council for adoption into the Code of Ordinances.
The fee will begin at the bottom of range and remain there at least one year prior to any changes.
A question was raised regarding the resident/non-resident fees and usage of recreation facilities.
Council also had questions regarding the $48 fee for use of the weight room. Council requested senior
citizens be admitted free of charge.
Ordinance No. 1524-8-97: An Ordinance of the City
Council of the City of Allen, Collin County, Texas,
Amending Ordinance No. 12464-94 and Chapter
11, "Parks and Recreation," Article III, "Use of
Public Parks," Section 1140, "User Fees," of the
Allen Code of Ordinances Relative to Fees for the
Use of the Swimming Pool at Ford Park;
Establishing Fees for Miscellaneous Parks and
Recreation Services; Providing Other Recreation
Programs and Facility Use; Providing for the
Collection of Such Fees; and Providing for an
Effective Date.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to reflect the authority of staff and the Parks
and Recreation Board to review within the range during the season and to include a $24
membership fee and those wishing to join the fitness center would be charged an additional
$24 for the fitness center fee and to approve Ordinance No. 1524-8-97 as previously
captioned. The motion carried.
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997
Other Business:
A. Budget Retreat Follow -Up
PAGE 10
(Agenda Item XIV)
The City Manager distributed information addressing additional hours at the library He also
distributed information showing the use of reserved funds. The Council asked the City
Manager to come up with one additional night (three extra hours) with the total being
approximately $20,000.
A question was raised regarding the staffing in the fire department. Discussion was held with
regard to an administrative personnel need in that area.
Council requested feedback regarding the following issues:
• Funding in personnel office is to remain
• Library hours to include only three hours with a budget of no more than $20,000
• Fire protection services to include administrative staff (may need to look at a six-
month implementation rather than entire year)
Council discussed the final adoption of the budget will be during the 2nd meeting in
September.
B. Calendar
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Adjourn
August 23
1:00 p.m.
- 4:00 p.m.
August 23
5.00 p.m.
- 8:30 p.m.
August 24
100 p.m.
- 2:00 p.m.
August 24
3:00 p.m.
- 5:00 p.m.
September 8
7'00 p.m.
September 16
5 00 p.m.
- 7:00 p.m.
September 21
4 00 p.m.
- 8:00 p.m.
Items of Interest
There were no items of interest.
Animal Shelter Grand Opening
Design & Dream Symposium
Norton Elementary Open House
Anderson Elementary Open House
Allen Station Park Tour
NTMWD Signing Party
City Employees Picnic
(Agenda Item XV)
MOTION: Upon a motion made by Councilmember Powyszymki and a second by Councilmember Owen,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 11:00 p.m. on Thursday, August 21, 1997 The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 21, 1997 PAGE 11
These minutes approved on the 4th day of September , 1997
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
J Morr'" on, CMC, CITY SECRETARY