Min - City Council - 1991 - 10/21 - WorkshopALLEN CITY COUNCIL AND THE
` DEVELOPMENT IMPACT ADVISORY COMMITTEE
ill SPECIAL CALLED JOINT WORKSHOP
OCTOBER 21, 1991
Present:
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly
Mickey Christakos
David Bishop (arrived at 7:24 P.M.)
Mike Nichols
Steve Terrell (arrived at 7:47 P.M.)
Gary Edstrom, Mayor Pro Tem
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
Dave Whitehead, Director of Public Works
Bill Petty, Director of Community Development
Development Impact Advisory Committee:
Kenneth Fulk (arrived at 7:58 P.M
John Garcia, Chairman
Judith Seale
Noel Crume
Harold Biggs
Douglas Gallagher, Vice Chairman
Jeffery Kelley
Mike Williams
Mark Hicks
Others Present:
John Friebele, Hunter & Associates
Richard Abernathy, Abernathy Roeder Robertson Law Offices
Call to Order and Announce
a Quorum is Present
(Agenda Item I -A)
With a quorum of the Councilmembers present, the Special Called Joint Workshop of
the Allen City Council/ Development Impact Advisory Committee was called to order by
ALLEN CITY COUNCIL
WORKSHOP SESSION
OCTOBER 21, 1991 PAGE 2
Mayor Farmer at 7:08 p.m. on Monday, October 21, 1991, in the Conference Room of the
Allen Municipal Annex, One Butler Circle, Allen, Texas.
Call to Order and Announce
a Quorum is Present (Agenda Item I -B)
With a quorum of the Development Impact Advisory Committee members present, the
Special Called Joint Workshop of the Allen City Council/ Development Impact Advisory
Committee was called to order by Chairman Garcia at 7:08 p.m. on Monday, October 21,
1991, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,
Texas.
Workshop on Capital Improvement Fees (Agenda Item II)
City Manager Jon McCarty introduced Dave Whitehead, Public Works Director. Mr.
Whitehead discussed items that had been distributed to Council and Committee. The Impact
Fee is a funding source. There are other funding sources available to the city: (1) bonds
-- either assessment or general obligation; (2) facility agreements; (3) Impact Fees; (4)
a combination of any of the sources. Presently the City of Allen uses facility agreements,
bonds, and/or assessments. Rather than eliminating any of these sources, the City of
Allen would like to add Impact Fees as a funding source opportunity. Discussion was held
regarding the methods used and what those particular methods are able to do for the City
of Allen. The City of Allen is hoping to present an equitable fee structure to allow for
orderly development.
Discussion was held regarding approximate cost for a ten -acre industrial parcel and
possible growth in the various service centers. The Advisory Committee will be an ongoing
committee which will meet every six months for the purpose of reviewing this particular
plan. The land use assumptions and capital improvements plan maybe updated every three
years. However, the City Council may make a determination that no such update is
required. It was felt that the Impact Fee structure would allow the City to be much more
responsive to the City's needs. Discussion was held regarding the impact of traffic on
roadways for residential areas versus industrial areas. Although certain fees are set, the
method of payment of these fees may be used to stimulate certain area growth.
Certain developers in the audience indicated to city officials that many of the area
cities are not adopting a thoroughfare impact fee. They are adopting strictly the water and
wastewater impact fees.
Council took a brief recess from 8:30 p.m. to 8:45 p.m.
John Friebele indicated that the ordinance before Council is very similar to most of
the ordinances adopted by the various cities who have adopted Impact Fees. Mr.
Abernathy, however, suggested that additional paragraphs be added to the ordinance
laying out exactly what the ordinance would do. A suggested preamble was distributed to
Council. Administrative fees are not considered in the total Impact Fee funding.
I
ALLEN CITY COUNCIL
WORKSHOP SESSION
OCTOBER 21, 1991 PAGE 3
Mr. Friebele reviewed specifics regarding the ordinance. Article I implements a
policy of the city to impose fees upon new development projects. Article II essentially
reiterates Section 395.059 of the statute in regard to the make-up and duties of the
Development Impact Advisory Committee. Article III reviews the requirements for updates
of the land use assumptions and CIP at least every three years with the first date specified
being three years from the date this plan is adopted. Article IV reviews when the impact
fee is required, when it is assessed, when it is collected and what the exceptions for
assessment or collection might be. Council has the option to change collection time.
Council also has the opportunity to set the amount of time to be allotted for collection
between the adoption of the ordinance and developments that were platted prior to its
adoption.
Article IV, Section 4.04 is to be reviewed carefully with staff and Council. Article
V specifies how Impact Fees are calculated, the basis on which the fees paid can be modified
and providing for credits for fees paid. Section 5.02 is not found in certain ordinances.
However, this does provide more equity based on variation to densities. Article VI
specifies how Impact Fees paid are credited by construction of facilities by the new
development that were used in the basis of determining fees. Article VII specifies how
Impact Fees paid shall be identified and deposited and how interest shall be accrued and
that fees shall only be paid for improvements for which the fees were collected. Article
VIII specifies the situations and requirements for refund of Impact Fees. Article IX
specifies the appeal process and this process may be varied according to Council desire.
As Council works through this project, if additional information is required of the
Development Impact Advisory Committee, staff will provide that information to Council.
Items of Interest (Agenda Item III)
There were no items of interest.
Adjourn (Agenda Item IV -A)
MOTION: Upon a motion made by Committee member Biggs and seconded by Vice
Chairman Gallagher, the Committee voted (9) for and none (0) opposed to
adjourn the Special Called Joint Workshop of the Development Impact Advisory
Committee at 9:49 p.m., on Monday, October 21, 1991. The motion carried.
Adjourn (Agenda Item IV -B)
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember
Bishop, the Council voted (7) for and none (0) opposed to adjourn the Special
Called Joint Workshop of the Allen City Council at 9:49 p.m., on Monday,
October 21, 1991. The motion carried.
ALLEN CITY COUNCIL
WORKSHOP SESSION
OCTOBER 21, 1991 PAGE 4
These minutes approved on the 24th day of ,Tune , 199Y 2
APPROVED::
Jo n Garda, CHAIRMAN
ATTEST:
DougIqs Gamper,"VICK CHAIRMAN
These minutes approved on the 7th day of November , 1991.
ATTEST:
J y Mo on, CITY SECRETARY
A
APPROVED:
J6e Farmer, MAYOR