Min - City Council - 1998 - 04/16 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 16, 1998
Present:
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Dave Powyszynski
Kenneth Folk
Melissa Owen
City Staff:
Michael Stanger, Acting City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:35 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 6:35 p.m. on Thursday, April 16, 1998, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Staff or Proponent Presentations (Agenda Item W
A. Future Agenda Items
Communication Plan
Consultant Mary Vail presented a progress report on the development of the City's
Communication Plan. The draft plan should be complete in May with final adoption
expected the middle of the summer
B. Current Agenda Issues
• Discussion was held regarding Consent Agenda Item J, Authorize a Contract with an
Engineering Consultant for the Design of Two Elevated Water Storage Tanks and Pump
Station No. 3 with a Ground Storage Tank. A question was raised as to whether we should
split the contract into two separate contracts. Council requested the study be broken out to
consider phases 2, 3 and 4 at a later date
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• Discussion was held regarding Agenda Item IX, Authorize an Athletic Field Utilization
Agreement Council discussed Exhibit E to the Agreement The Council will solicit the
advice of the Board but not authorize them to be in control of the expenditures.
C. Items of Interest
Police Department Management Study
Chief Bill Rushing presented information on the results of the Management Study The
Study was completed by the Revell Group International, Inc The Study focused on
recruitment, complaints, and use of force. Personnel were interviewed and records were
reviewed to determine if the department was able to respond appropriately to the report.
The Police Department is in transition from a rural department to an urban, educated
populace. Some college education, an associate's degree, is being recommended for new
hires. A restructuring of the application process is also being recommended Complaint
handling will be more structured. The sergeants are the backbone of the Department.
Judge Brown has accepted the report and put it under seal. Our attorney is going to check
with the Judge to see if the seal can be lifted to allow the report to be an open record.
Open Council Discussions (Agenda Item III)
There was no open Council discussions held.
The Workshop Session was recessed at 7:20 p.m.
REGULAR MEETING - 8:10 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 8 10 p.m on Thursday, April 16, 1998, in the Council Chambers of the Allen
Public Library. Two Allen Civic Plaza, Allen, Texas.
CONSENT AGENDA (Agenda Item VI)
Councilmember Fulk asked that the following item be removed from the Consent Agenda:
J Authorize a Contract with an Engineering Consultant for the Design of Two Elevated Water
Storage Tanks and Pump Station No. 3 with a Ground Storage Tank.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember
Powyszymki, 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 the April 2, 1998, Regular Meeting.
B. Ratification of City Manager's Resignation.
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REGULAR MEETING
APRIL 16, 1998 PAGE 3
C. Authorize an Agreement and Approve a Budget to Conduct a Citizen Survey Regarding Public
Information Efforts.
Council authorized the Acting City Manager to enter into an agreement with Raymond Turco
and Associates to conduct a citizen survey to seek input on the public information program in
an amount not to exceed $7,500.00.
Adopt an Ordinance Confirming Action of City Council on April 2, 1998, to Place Permanent
Zoning of Flood Plain -Planned Development on a 191.79 -Acre Tract of Land Located South of
Bethany Drive and North of Future Chaparral Road between Malone Road and FM 2551.
Ordinance No. 1593-498: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, so as
to Change the Zoning from Agriculture -Open Space (A -O) to Flood Plain Planned
Development No. 65 (FP -PD No. 65) on the Following -Described Tract of Land: 191.79
Acres of Land Located in the D. B. Hearn Survey, Abstract No. 427, City Of Allen, Collin
County, Texas; Providing For Exhibit "A" Land Use Plan With Legal Description; Providing
For Exhibit 'B" Area And Use Regulations With Development Standards; Providing For A
Penalty Of Fine Not To Exceed The Sum Of Two Thousand Dollars ($2,000.00) For Each
Offense; Providing For A Severability Clause; And Providing For The Effective Date Of
Said Ordinance.
Adopt an Ordinance Confirming Action of City Council on April 2, 1998, to Amend Planned
Development No. 46 to Rezone Two Small Tracts of Land Located West of Jupiter Road and
North of White Oak as Requested by Pillar, L.0
Ordinance No. 1594-4-98: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, and
Ordinance No. 802-8-87 to Include the Attachment of Exhibit "F," Land Use Plan and Legal
Description, and Exhibit "G," Amended Use and Area Regulations, on the Following -
Described Tracts of Land: .998 Acres of Land Located in the William Perrin Survey,
Abstract No. 708, and the George Ford Survey, Abstract No. 328, and .94 Acres in the
William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas; Providing for
a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each
Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said
Ordinance.
Set May 7, 1998, as the Public Hearing Date for a Request to Place Permanent Zoning on
67.158 Acres of Land Located at the Northwest Comer of Bethany Drive and FM 2551.
G. Set May 7, 1998, as the Public Hearing Date for a Request to Rezone 31.395 Acres of Land
Located South of Bethany Drive and West of US 75.
H. Adopt an Ordinance Abandoning a Portion of a Drainage Easement in Twin Creeks.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 16, 1998
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Ordinance No. 1595-4-98: An Ordinance of the City of Allen, Collin County, Texas,
Abandoning a Portion of a Drainage Easement Located on a Tract of Land Situated in the
Alfred Slack Survey, Abstract No. 854, and Further Being a Part of Twin Creeks 1, an
Addition to the City of Allen, Collin County, Texas; Providing for Exhibit "A;" Providing
for a Severability Clause; and Providing for an Effective Date.
I. Approve a Resolution Establishing Fees for Infrastructure Improvements at School Sites.
Resolution No. 15964-98(R): A Resolution of the City Council of the City of
Allen, Collin County, Texas, Adopting a Policy to Follow on Waiving Fees for
Infrastructure huprovements at School Sites
K. Approve a Resolution Establishing May as "Bicycle Transportation Month."
Resolution No. 15974-98(R): A Resolution of the City Council of the City of
Allen, Collin County, Texas, Designating the Month of May as "Bicycle
Transportation Month."
L. Authorize an Agreement with C2 Consulting Services, Inc., for a Cable TV Rate Study
Council authorized the Acting City Manager to enter into a contract with C2 Consulting
Services, Inc., to conduct a cable TV rate study for $2,000 plus direct costs.
M. Approve a Resolution Opposing the Internet Tax Freedom Act.
Resolution No. 1598-0-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Opposing the Internet Tax Freedom Act.
Authorize Execution of a Contract to Purchase City Complex Property
Council approved the contract with Wayne Divers and Nelda F Divers to purchase their
property, Lot 2, Block 21 of the Original Donation Addition, City of Allen, Collin County,
Texas. Council authorized the Acting City Manager to disburse funds in the amount of
$43,000.
Tax Report.
Approve Bills Associated with the Capital Improvement Program.
1. Trinity Engineering (FM[ 2170/US 75 to Custer Road) $2,229.00
For: Testing
Funding Source: Green -Single Family Facility Agreement
Period: March 31, 1998
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2. Trinity Engineering Testing (24" Water Line from Exchange to Main) $24.00
For. 24" Water Main along SH 5 and Jupiter
Funding Source: 1995 Water Bonds
Period: Services through March 31, 1998
3. Alpha Testing, Inc. (Exchange Parkway/Watters to Alma) $119.50
For: Two Course Asphalt Surface Rowlett Road
Funding Source: Twin Creeks Facility Agreement
Period: March 31. 1998
Authorize a Contract with an Engineering Consultant for the Design of Two Elevated Water
Storage Tanks and Pump Station No. 3 with a Ground Storage Tank.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to authorize the Acting City Manager to
execute a contract with Black & Veatch in the amount of $14,000 for preliminary engineering
study for two elevated water towers. The motion carried.
End of Consent Aeenda
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4.
RBI Irrigation/Roland Becker (Station #4)
$4,500.00
For Landscaping
Funding Source: 1996 Bonds
Period: March 10, 1998
5.
Texas Department of Licensing and Regulations (Station #4)
$265.00
For: Contingencies
Funding Source' 1996 Bonds
6.
Period: April 7, 1998
Stage 11 Furniture Company (Station #4)
$4,280.00
For: Furniture
Funding Source. 1996 Bonds
Period: Delivered April 9, 1998
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V Quality Lock & Key (Station #4)
$81.95
For: Contingencies
Funding Source: 1996 Bonds
Period' April 8, 1998
The motion carried.
Authorize a Contract with an Engineering Consultant for the Design of Two Elevated Water
Storage Tanks and Pump Station No. 3 with a Ground Storage Tank.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to authorize the Acting City Manager to
execute a contract with Black & Veatch in the amount of $14,000 for preliminary engineering
study for two elevated water towers. The motion carried.
End of Consent Aeenda
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Council Committee Retorts (Agenda Item VII)
Development Services:
• Comprehensive Plan Update.
• Code Inspections Reports and Updates.
• Review Work Program.
Finance/Administration:
• No Report
Services:
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Authorize an Athletic Field Utilization Agreement (Agenda Item IX)
Parks and Recreation Director Don Horton informed Council that Parks and Recreation Department, in
conjunction with the City of Allen Parks and Recreation Board and the Allen Sports Association, has developed
a new Athletic Field Utilization Agreement. The Athletic Field Utilization Agreement will be the basis of how
the City of Allen athletic fields are managed by the Department and used by outside entities such as the Allen
Sports Association. It also sets the basic guidelines for the maintenance and care of the athletic fields. The
Agreement is divided into six parts: the Utilization Agreement, the Maintenance Agreement, the Closure of
Athletic Fields, Storage Facilities, Needs Assessment Survey, and Field Use Policy Under the new policy,
there will be a charge of $5.00 for each game played by the organization. This assessment will be deposited
•
Radio System Update.
•
Rowlett Creek Study
•
Park Dedication Fees.
•
Neighborhood Park Proposal.
Allen Station Park, Phase 11,
Historic Dam.
•
Review Articles of Incorporation of Keep Allen Beautiful.
•
Community Development Corporation.
•
Other Business.
- Library Board Publicity
- Fire Station 4 Open.
Mayor's Committee:
•
City-wide Economic Development and Revenue Study
•
ISO Ratings.
•
Current Council Agenda.
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Authorize an Athletic Field Utilization Agreement (Agenda Item IX)
Parks and Recreation Director Don Horton informed Council that Parks and Recreation Department, in
conjunction with the City of Allen Parks and Recreation Board and the Allen Sports Association, has developed
a new Athletic Field Utilization Agreement. The Athletic Field Utilization Agreement will be the basis of how
the City of Allen athletic fields are managed by the Department and used by outside entities such as the Allen
Sports Association. It also sets the basic guidelines for the maintenance and care of the athletic fields. The
Agreement is divided into six parts: the Utilization Agreement, the Maintenance Agreement, the Closure of
Athletic Fields, Storage Facilities, Needs Assessment Survey, and Field Use Policy Under the new policy,
there will be a charge of $5.00 for each game played by the organization. This assessment will be deposited
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 16, 1998
PAGE 7
into a Field Enhancement Fund controlled by a Board of Directors composed of the Cosponsored
Organization's Past President, President, President Elect, the Department's Director, Athletic Programs
Supervisor, Park Superintendent, and Chair of the Parks and Recreation Board.
Council felt the Board referred to in Section E should be an ad hoc committee appointed by the Parks
and Recreation Board.
Council requested adequate field trash receptacles and soap dispensers be made available in the
restroom. A lightning detection system is being considered in the future. Field condition phone lines are often
tied up and it was suggested the cable station be updated on a regular basis.
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the Council
voted seven (7) for and none (0) to authorize the Athletic Field Utilization Agreement with
amendments to include Exhibit E, the Field Enhancement Fund be managed by the Director of
Parks and Recreation upon advisement from an ad hoc committee appointed by the Parks and
Recreation Board, and Exhibit B, to add lightning threat as a reason for the calling of games. The
motion carried.
Approve the 1998-99 Fiscal Year Budget Calendar (Agenda Item X)
Finance Director Linda Vaughan reviewed the fiscal year budget.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszynski,
the Council voted seven (7) for and none (0) opposed to approve the 1998-99 Budget Calendar
as presented and as recommended by the Finance/Administration Standing Committee The
motion carried.
Approve Initial Schematic Design Studies for the (Agenda Item XI)
City Hall Complex
Mr Ron Hobbs of Ron Hobbs Architects reviewed the results of the focus group, including the
location selection, closing of the street, addition of water tie back as representation of elements of Allen. The
focus group also felt the existing city hall should go away Adequate storage should be built into the plan.
Plaza softscape and hardscape issues were discussed Parking close to the buildings is an issue. Mr. Hobbs
reviewed the square footage requested by various departments.
Council agreed the Council Chamber should have a 100-150 seating capacity The architect suggested
a 100-120 foot campanile tower visible from US 75 on the western end of the building. Expansion would be
built to the south as a separate structure. Discussion was held regarding the Emergency Operations
Communications in an underground portion of the building.
This item was for informational purposes only
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Quarterly Financial Report (Agenda Item XI)
Finance Director Linda Vaughan presented the quarterly financial report for the period ending
March 31, 1998.
This item was for informational purposes only
Other Business (Agenda Item XII)
A. NCTCOG (North Central Texas Council of Governments) Executive Board Elections
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) to nominate Stephen Terrell to serve on the NCTCOG
1998-99 Executive Board. The motion carried.
B. Calendar
April 18 8 a.m. - 2 p.m.
6th Annual Trash -Off
Grand Opening of Allen Station Park
April 25 10 a m - 5 p m.
SprmgFest
April 27
Tentative Triad Meeting
May 7
Canvass of the Election
May 18-19
Policy Governance Workshop
June 23
Policy Governance Workshop Wrap -Up
June 27
Allen USA Celebration
C. Municipal Messenger Schedule
City Secretary Judy Morrison reviewed the Municipal Messenger schedule.
D Items of Interest
Fish and wildlife kill at Shadow Lakes.
The Regular Session was recessed at 1000 p.m.
Executive Session
(Agenda Item M
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 10 12 p.m. in the Council Chambers of the Allen Public Library, Two Allen Civic
Plaza, Allen, Texas, in order to continue discussing matters pertaining to:
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• Litigation - City of Parker; Seelco
• Property - Purchase of Railroad Property
• Personnel - City Manager Search; Board Appointments
The Executive Session was adjourned at 11:45 p.m. on Thursday, April 16, 1998.
Reconvene and Consider Action on Items Discussed (Agenda Item V)
During Executive Session
The Allen City Council reconvened into regular session at 11:47 p.m. on Thursday, April 16, 1998, in
the Council Chambers of the Allen Public Library
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember
Powyszynskt, the Council voted seven (7) for and none (0) opposed to instruct Bill Petty,
Community Development Director, to continue with negotiations and/or condemnations on the
seven properties located at McDermott and Butler. Negotiations must be concluded by May
10 or condemnation will be effected. Condemnation proceedings shall begin immediately on
302 Butler as the City's offer has been refused and an attorney retained by the property owner.
Flexibility shall be given to Bill Petty, Community Development Director, to negotiate the
properties. The motion carried.
Consider Appointments to Various City Boards and (Agenda Item XIV)
Commission
The Boards and Commission Interview Committee placed the following names as a slate of nominations
for the specific places on the following boards:
Allen Arts Alliance Expiration Date
Place No. 1
Place No. 2
Place No. 3
Place No. 4
Place No. 5
Place No. 6
Place No. 7
Board of Adiustmen[
Alternate Place No. 2
Danny McLarty
Barbara Eubanks
Lori Marten Fairchild
Gregg Layton
Teresa McKeown
Warren Johnson
Evelyn Dawson
Jerry Higgins
Cable TV & Telecommunications Advisory Committee
Place No. 6
Remy Tholen
September 30, 1999
September 30, 2000
September 30, 1999
September 30, 2000
September 30, 1999
September 30, 2000
September 30, 1999
Expiration Date
September 30, 1998
Excitation Date
September 30, 1998
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Allen Library Board Expiration Date
Place No. 6 - Deloris Teel September 30, 1998
Planning and Zoning Commission Expiration Date
Place No. 1 - Steve Matthews September 30, 1999
Sign Control Board Expiration Date
Place No. 5 - Shane Womack September 30, 1999
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the
Council voted seven (7) 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
Allen Arts Alliance, Board of Adjustment, Cable TV & Telecommunications Advisory
Committee, Library Board, Planning & Zoning Commission, and Sign Control Board
respectively The motion carried.
■ Adjourn (Agenda Item XV)
LMOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Falk, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 1:05 a.m. on Friday, April 17, 1998. The motion carried.
These minutes approved on the 7th day of May, 1998
ATTEST:
—
Ju Morri n, CMC, CITY SECRETARY
APPROVED:
Stephe ell, MAYO