Min - City Council - 1991 - 12/05 - RegularALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 5, 1991
Present:
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly
Mickey Christakos (absent)
David Bishop
Mike Nichols
Steve Terrell
Gary Edstrom, Mayor Pro Tem
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
WORKSHOP SESSION - 6:45 P.M.
With a quorum of the Councilmembers present, the workshop session of the Allen City
Council was called to order by Mayor Farmer at 6:46 p. m. on Thursday, December 5, 1991,
in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Discussion of Consent Agenda
and Regular A¢enda Items (Agenda Item II)
Mayor Farmer began the review of the Consent Agenda items. City Manager Jon
McCarty informed the Council as to the status of Raintree Estates. Our tax attorney, David
McCall, has received a judgement on this property and should have more information
regarding the sheriff's sale in the near future. Our tax attorney expects to receive
payment on the McDermott property by the end of this month. Another 15 acre parcel of
land near U.S. 75 and McDermott will be bid in the near future. It was advised that the
City of Allen and school district bid for the piece of property in the amount of taxes owed.
Mr. McCall will be present at a future City Council meeting to discuss this information with
the full Council.
Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. It was felt several
citizens would be present for the meeting this evening regarding several items on the
agenda and possibly others including a possible request for a stop sign at the corner of
Rivercrest and Allen Heights Drive. This intersection will be researched by staff and a
report will come forward to council if necessary. The fence on Allen Heights was also
discussed in that it does block traffic visibility.
ALLEN CITY COUNCIL
WORKSHOP SESSION
DECEMBER 5, 1991 PAGE 2
Mayor Farmer reviewed Agenda Item VII, Public Hearing on a Request to Amend
Zoningby Changing the Use Regulations Allowing Certain Variances and Site Plan Approval
on 37 Acres of Land Located East of Jupiter Road and North of Cottonwood Bend North
Addition as Requested by Wilbow Peck Corporation and Consider an Ordinance Effecting
this Change. Discussion was held regarding the flood plain and how this might affect
several lots along Cottonwood Creek. A section of this plan will include side -entry
garages.
Mayor Farmer reviewed Agenda Item VIII, Consider Items Related to Calling an
Election to Adopt an Additional Sales and Use Tax for Economic Development Purposes.
These are three separate items and will need to be acted upon in the order in which they
are listed in the agenda. Due to a conflict, Item C - Set January 23, 1992 as the Canvas
Date for the Special Election will be changed to Wednesday, January 22, 1992.
Mayor Farmer reviewed Agenda Item IX, Consider an Ordinance Imposing
Development Impact Fees. Richard Abernathy with Law Offices of Abernathy, Roeder,
Robertson & Joplin indicated that there is a case pending at the present time that will need
further research. This case, however, does not affect the item on the agenda this evening
to consider an ordinance imposing Development Impact Fees. The ordinance enacts fees for
wastewater facilities to be at 100%, water facilities at 50%, and thoroughfare facilities at 0%.
Mayor Farmer reviewed Agenda Item X, Tabled Item: Approve the Substance Abuse
Prevention Office Yearly Work Plan. This item will remain on the table until our next
meeting.
Mayor Farmer reviewed Agenda Item XI, Award Bid and Authorize Contracting for
Employee Uniform Services. Staff is recommending the low bidder on a yearly basis for a
five-year contract.
With no further discussion on the agenda, the workshop session of the Allen City
Council was adjourned at 7:27 p.m. on Thursday, December 5, 1991.
REGULAR SESSION - 7:30 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City
Council was called to order by Mayor Farmer at 7:34 p.m. on Thursday, December 5, 1991,
in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item V)
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councihnember
Nichols, 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. Approval of Minutes of November 21, 1991 - Regular Session.
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 5, 1991
PAGE 3
Authorize city staff to pay bills associated with the 1985 Capital
Improvement Program as follows:
Home Depot
For: Countertop, Doors, Misc. Items
Interest Earned
Period: November 25. 1991
Architectural Utilities
For: On -Site Construction - Less 5%
Retainage
1985 Park Bond Funds
Period: November 1 - 30, 1991
Boone Electric Co.
For: Partial Payment for Material/Labor
per contract; plus additional light
installation - old PD
Interest Earned
Period: December 3, 1991
$225.24
$65,151.00
$2,530.00
Approve Resolution Authorizing the Application for a Literacy Grant.
Resolution No. 1064-12-91(R): A Resolution of the City Council of the
City of Allen, Collin County, Texas, Designating the City Manager to
Act for and on Behalf of the City of Allen in Applying to the United
States Department of Education for Funding Through the LSCA Title VI
Grant Program, and Certifying that the City of Allen will comply with
the Regulations, Policies, Guidelines and Requirements of Said
Program.
The motion carried.
End of ConsentEnd of Consent Anda
Citizen's Comments
(Agenda Item VI)
Anne McBride, 1308 Whitehall, Plano, TX spoke before the Council regarding
Capuchin monkeys needed for a disabled individual with polymyositis to act as helping
hands for a progressive disability. Ms. McBride requested a letter or permit from the
Council to allow her to retain these monkeys as a citizen of Allen. Since our ordinance, at
the present time, does not allow for exotic animals, this would be a variance to that
ordinance. The City Manager was instructed to research this topic and work out an
amenable solution with Ms. McBride as soon as possible.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 5, 1991
PAGE 4
Public Hearing on a Request to Amend Zoning
by Changing the Use Regulations Allowing Certain
Variances and Site Plan Approval on 37 Acres of
Land Located East of Jupiter Road and North of
Cottonwood Bend North Addition as Requested by
Wilbow Peck Corporation and Consider an
Ordinance Effecting this Change (Agenda Item VII)
Mayor Farmer read the request into the record as follows:
"Public Hearing on a request to amend zoning by changing the use regulations
allowing certain variances and site plan approval on 37 acres of land located east of
Jupiter Road and north of Cottonwood Bend North Addition as requested by Wilbow
Peck Corporation and consider an ordinance effecting this change."
Bill Petty, Community Development Director, discussed the background of this
request by Wilbow Peck Corporation. The proponent is requesting approval of a site plan
that contains a variance to the requirement for alleys for those lots that back to the tree -
lined tributary that traverses this property. This action would preserve the adjacent
trees. Access to these homes will be accomplished through front drives with side or rear
entry.
After a flood plain study is completed at the time of platting, any lots that may be
located in the flood plain will be removed. Findings of the Planning and Zoning Commission
are as follows:
(1) Land use is compatible to surrounding uses.
(2) Dwelling unit allocation is consistent with the Comprehensive Plan.
(3) The recommendation of the variance to the alley requirement was made in order
to preserve the trees in that area.
Keith Jackson, representative of Wilbow Peck Corporation, requested that Council
approve this plan for development. He acknowledged Planning and Zoning Commission
recommendation that the alley shown surrounding Lot 25, Block F, be removed, and
recognized that the lots shown in the flood plain will be determined at the final engineering.
Mayor Farmer 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 Farmer closed the
public hearing.
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 5, 1991 PAGE 5
Ordinance No. 1065-12-91: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance
No. 829-11-87, as Previously Amended, and
Ordinance No. 1048-9-91 so as to Approve a
Site Plan and Amend the Area and Use
Regulations for Flood Plain -Planned
Development/ Garden Home No. 49 (FP-PD/GH
No. 49) on the Following Described Tract of
Land: Approximately 37.006± Acres of Land,
More or Less, out of the William Perrin
Survey, Abstract No. 708 and the G. W. Ford
Survey, Abstract No. 328, City of Allen,
Collin County, Texas; Providing for a Site
Plan (Exhibit "A") Which Contains a Variance
to the Alley Requirement for Lots that Back
to the Unnamed Tributary that Traverses this
Property; providing for Amended Area and
Use Regulations (Exhibit "B"); Providing for
a Penalty of Fine not to Exceed the Sum of
One Thousand Dollars (=1,000.00) for Each
Offense; Providing for a Severability Clause;
and Providing for the Effective Date of Said
Ordinance.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem
Edstrom, the Council voted six (6) for and none (0) opposed to approve
Ordinance No. 1065-12-91 as previously captioned in accordance with Planning
and Zoning recommendation. The motion carried.
Consider Items Related to Calling an
Election to Adopt an Additional Sales and
Use Tax for Economic Development Purposes (Agenda Item VIII)
Resolution Ordering a Special
Election for January 18, 1992 (Agenda Item VIII -A)
City Manager Jon McCarty spoke before the Council regarding this item. This item
has been studied and researched for some time and has been reviewed with the citizens of
of the City of Allen through CIIP meetings held in September. The proceeds of this special
election will be used specifically for economic development related issues.
Sharon Hamner, 808 East Concord, spoke before the Council expressing support for
this action. She felt that this would make Allen an attraction for new and existing
businesses.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 5, 1991
PAGE 6
Alan Pyke, 1315 Sandy Creek Drive, spoke before the Council expressing his
support of this action. He indicated that new taxes are difficult at this time but it is a "new
day" for the City of Allen to be able to do this.
Scott Williams, 200 Malone, spoke before the Council expressing his support of this
action as President of the Chamber of Commerce.
Chuck Williams, 402 Watson, spoke before the Council in support of this action. He
specifically spoke for himself but felt the school board agreed as well.
Resolution No. 1066-12-91(R): A Resolution
of the City Council of the City of Allen, Collin
County, Texas, Ordering an Election to be
Held on January 18, 1992, for the Purpose of
Voting for or Against a Proposition Allowing
for the Adoption of a Sales and Use Tax for
the Promotion and Development of New and
Expanded Business Enterprises at the Rate of
112 of one percent; Designating Location of
Polling Place; and Ordering Notices of
Election to be Given as Prescribed by law in
Connection with Such Election.
MOTION: Upon a motion made by Mayor Pro Tem Edstrom and seconded by
Councilmember Lilly, the Council voted six (6) for and none (0) opposed to
approve Resolution 1066-12-91(R) as previously captioned in accordance with
Economic Development Committee recommendation. The motion carried.
Resolution Appointing Election Officials for
the January 18, 1992 Special Election (Agenda Item VIII -B)
In accordance with the Texas Election Code, appointment of the election judge and
alternate judge for the Special Election along with the rate of pay and appointment of an
absentee ballot board must be accomplished by the City Council. All of the requirements
have been delineated in a resolution. Vickie Smith will be election judge and Darlene
Ballinger, alternate election judge.
Resolution No. 1067-12-91(R): A Resolution
of the City Council of the City of Allen, Collin
County, Texas, Appointing the Election
Officials for the January 18, 1992 Special
Election, Setting the Rate of Pay for the
Election Officials, the Maximum Number of
Election Clerks for the Polling Place, and
Designation of the Absentee Ballot Board.
`i MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember
�j Terrell, the Council voted six (6) for and none (0) opposed to approve
Resolution No. 1067-12-91 as previously captioned. The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 5, 1991
PAGE 7
Set January 23, 1992 as the Canvass
Date for the Special Election (Agenda Item VIII -C)
In accordance with the Allen City Charter and the Texas Election Code, the Allen
City Council is required to canvass the Special Election to be held on January 18, 1992.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Mayor Pro Tem
Edstrom, the Council voted six (6) for and none (0) opposed to set January
22, 1992, 7:00 p.m. , Allen City Council Chamber as the date for the canvass
of the Special Election. The motion carried.
The Council took a recess from 8:10 p.m. until 8:24 p.m.
Consider an Ordinance Imposing Development Impact Fees (Agenda Item DI)
Jon McCarty, City Manager, discussed the background and history of the
Development Impact Fee ordinance. Development Impact Fees are generally imposed on
infra -structure projects. In January 1991, staff was authorized to work with a consultant
and appointed a Capital Advisory Committee to develop this Impact Fee structure. In June
the committee brought forward land use assumptions to be considered by the City Council.
The Capital Improvement Plan has been reviewed which includes the maximum fees that can
be imposed for water, sewer and streets. After several workshops and public hearings,
the Council is now considering this ordinance imposing Development Impact Fees. The
ordinance sets a 50% maximum fee rate for water, 100% maximum fee rate for sewer and a 0%
fee rate for streets. The committee will continue review, especially on the street portion
of this item and will report back to the Council in the near future. The Advisory Committee
needs to look at this information every six months and bring back a recommendation to
Council at least every three years.
Keith Jackson expressed a concern regarding provisions in the ordinance to collect
the fees at time of recordation rather than at time of platting.
Bill Daldstrom also expressed concern regarding the collection of fees at time of
recordation rather than at time of platting.
It was pointed out that the City of Allen has one of the lowest fee rate structures for
Development Impact Fees of all the neighboring cities. The city has chosen to go with the
collection of fees at time of recordation in order that it may have the monies available to
provide the infra -structure facilities at time of development.
Ordinance No. 1068-12-91: An Ordinance of
the City Council of the City of Allen, Texas
Adopting a Capital Improvements Plan and
Adopting Impact Fees Based on Such Capital
Improvements Plan; Providing a Severability
Clause and Providing an Effective Date.
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 5, 1991
PAGE 8
MOTION: Upon a motion made by Councilmember Lilly and seconded by Mayor Pro Tem
Edstrom, the Council voted six (6) for and none (0) opposed to approve the
Capital Improvement Plan and Impact Fee Calculation 1991-2000 in accordance
with the Capital Improvement Advisory Committee and to approve Ordinance
1068-12-91 as previously captioned in accordance with staff and Development
Subcommittee recommendation. The motion carried.
Tabled Item: Approve the Substance Abuse
Prevention Office Yearly work Plan (Agenda Item X)
This item was not removed from the table
Award Bid and Authorize Contracting
for Employee Uniform Services (Agenda Item XI)
At the November 21, 1991 City Council meeting, staff was given authorization to
accept bids for selecting a uniform rental service. Two bids were opened on December 4,
1991. The lowest bid was submitted by Unitog Rental Services. The city budgeted a total
of $11,835 for 30 uniform rentals. The annual rental of uniforms from Unitog, low bidder,
will cost the city $10,624.50.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember
Bishop, the Council voted six (6) for and none (0) opposed to award the bid
for uniform services to Unitog Rental Services on a one-year contract basis
at a cost of $10,624.50 with a renewable five-year option. The motion carried.
Acknowledge Resignation of Todd Renshaw from
the Allen Substance Abuse Steering Committee (Agenda Item XII)
The Allen City Council acknowledged the resignation of Todd Renshaw from the Allen
Substance Abuse Steering Committee effective immediately.
Other Business:
Calendar (Agenda Item XIII -A)
January 2, 1992 No quorum for a City Council meeting
January 11, 1992 1:30 p.m. - 3:30 p.m. - CIIP meeting
January 14, 1992 7:00 p.m. - 9:00 p.m. - CIIP meeting
January 22, 1992 7:00 p.m. - Election canvass
ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 5, 1991
PAGE 9
Americans with Disabilities Act (Agenda Item XIII -B)
Michael Stanger, Assistant to the City Manager, discussed recent legislation
regarding Americans with Disabilities Act passed by Congress on July 13, 1990. The ADA
prohibits discrimination against people with disabilities in public accommodations,
employment communications, transportation and accessibility to the services of state and
local governments. The City of Allen intends to form a staff -led task force which will study
the compliance issues in depth and recommend solutions to the City Manager.
There was no Council action taken on this item.
Subcommittee Reports (Agenda Item XIII -C)
Services:
D -FY -IT Program discussion.
Development:
None.
Finance/Administration:
• Cable TV discussions regarding quality of service.
• Car allowance.
• Section 125 plan.
• Review of strategic plans; planning goals and objectives.
• Policy statements related to the use of general fund reserves and the
use of interest earnings on bond funds.
Economic Development:
None.
Mayor's Committee:
Discussions are being held regarding Municipal Messenger and cable TV.
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ALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 5, 1991 PAGE 10
Items of Interest (Agenda Item XIII -D)
• The Friends of the Library will host a tree trimming party at the Library on
Saturday, December 7, 2:00 - 3:00 p.m.
• Bookmarks were distributed to Council, including all those who were winners
in a recent book reading contest.
• A press release produced by Department of Community Development
announced that the population of Allen has reached 20,000.
• An updated Council roster was distributed to Council.
• Discussions were held regarding the BFI contract in negotiations at the
present time.
Adjourn (Agenda Item XIV)
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember
Lilly, the Council voted six (6) for and none (0) opposed to adjourn the
regular session of the Allen City Council at 9:39 p.m., on Thursday,
December 5, 1991. The motion carried.
These minutes approved on the 19th day of December , 1991.
ATTEST:
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APPROVED:
1�
We Farmer, MAYOR