Min - City Council - 1995 - 05/04 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 4, 1995
Present:
Joe Farmer, Mayor
Councilmembers:
Kevin Lilly, Mayor Pro Tem
David Kerr
David Bishop
Mike Nichols
Steve Terrell
Sharon Hamner
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:15 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 Farmer at 6:20 p m. on Thursday, May 4, 1995, in the Lunch Room of
the Allen Municipal Annex, One Butler Circle, Allen, Texas.
Open Council Discussion
(Agenda Item II)
Information was distributed to the Council regarding a meeting between the City Manager, David Griffin
and James Huffman, District Engineer for the Texas Department of Transportation (TXDOT). It was suggested
that a small delegation meet with Mr. Laney, the newly appointed chairman of the Texas Transportation
Commission, to request funding for US 75 from discretionary funds so that the US 75 project can be let in March
of 1996. If that is not possible, the delegation would seek his advice on making a presentation before the
Commission in July requesting 1997 funding which would allow the project to be let as early as September 1996
Options were also discussed regarding FM 2170 West due to the Collin County bond program.
The City Manager was complimented on the last administrative report which gave updates on several
issues relevant to the City It was mentioned the department reports for the Council are generally handled
through the subcommittee structure and are not as relevant to the Council as a whole.
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ALLEN CITY COUNCIL
WORKSHOP SESSION
MAY 4, 1995 PAGE 2
Liz Valentine may be present during the regular meeting to discuss information distributed to the Council
regarding the historical society Staff was instructed to study the legal aspects of this issue and possible
involvement of the City with regard to her request.
Discussion of Consent Agenda
and Regular Agenda Items (Agenda Item III)
Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda
Item IV, Consent Agenda, being an appeal which will require a super majority of the Council for final passage.
Discussion was held regarding Agenda Item VI, Citizen's Comments. There may be individuals here to
comment on North Texas Municipal Water District requirements at the Custer Road Transfer Station. A question
was raised regarding a special pick-up for storm provisions. This question is being pursued through the
subcommittee structure in the morning. The City Manager requested authorization to pen a letter to address the
entire issue.
A citizen may be present to discuss the sale of vehicles on the Winn-Dixie puking lot. Staff has been
working with regard to this issue and has not been able to satisfactorily handle it up to this point.
Discussion was held regarding Agenda Item VII, Public Hearing on a Request to Amend the Current
Zoning on the Morningside Addition being 139.1-Acres located at the Northwest Corder of FM 2170 and Malone
Road and Consider an Ordinance Effecting this Change. Discussion was held regarding the Morningside topic.
It was felt there was no connection between the zoning of this property and the actual dedication of the school
site. The school district will purchase the land if and when they decide this is what they really want. A note was
made with regard to inning commission's requirements for zone regulations of public hearing notices. It was
brought to our attention the sign on this property was nearly covered with weeds and was obstructed from general
view Staff was informed by Council that conditional proposals from the Planning and Zoning Commission is
not an appropriate vehicle for Council decisions. Council reiterated that the placement of the school site is an
object to be decided by the School Board rather than the City Council.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:25 p.m. on Thursday, May 4, 1995.
REGULAR SESSION - 7:30 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Farmer at 7.34 p.m. on Thursday, May 4, 1995 in the Council Chambers of the Allen
Municipal Amex, One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item IV)
Mayor Farmer removed Item G, Set June 1, 1995, as Public Hearing Date on an Appeal to the Decision
of the Planning & Zoning Commission Denying a Request for Garden Home Zoning on 5.2947-Acres Located
at the Intersection of Malone Road and Exchange Parkway, from the Consent Agenda.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 4, 1995 PAGE 3
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, 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 April 20, 1995, Regular Meeting.
B. Approve Minutes of April 27, 1995, Special Called Workshop.
C. Approve 1995-96 Budget Calendar.
D. Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program
as follows:
1. RAM Software Systems, Inc. $ 1,012.50
For: Communication System Update
1994 Bonds
Period: from 3/29/95 to 4/11/95
2 Kimley Horn & Associates, Inc. $ 9,050.03
For: Exchange Parkway West Alignment Study
Street Assessments
Period: Thru 3/31/95
3. Kimley Horn & Associates, Inc. $ 2,756.76
For: McDermott Road Alignment Study
Street Assessments
Period: Thru 3/31/95
4 Harte Hanks Community Newspaper $ 67.50
For: 12" Water Main -TRW Loop
Existing Bonds
Period: 3/11/95 to 3/18/95
5. Harte Hanks Community Newspaper $ 42.76
For: City Hall Interior Improvement
General Funds
Period: 3/4/95 to 3/11/95
6. Sperling Company $ 14,706.72
For: Installation of Utilities at Hillside Theatre
1992 Park Bonds
Period: Thru May 1, 1995
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ALLEN CITY COUNCIL
REGULAR SESSION
MAY 4, 1995 PAGE 4
7 Ameri-First Service, Inc. $105,791.40
For: Geothermal Equipment for Hillside Theatre
1992 Park Bonds
Period: Thm May 1, 1995
8. Ron Hobbs, Architect $ 14,250.74
For: Architectural Services on Recreational Building
Facilities
1992 Park Bonds
Period. Thm April 1995
9 Commercial Finish Group $180,298.49
For: Construction on Recreation Building Facilities
1992 Park Bonds
Period: Thm April 1, 1995
10. RAM Software Systems, Inc. $ 1,233.75
For: Communication System Upgrade
1994 Bonds
Period: April 12, 1995 - April 25, 1995
E. Resolution Authorizing City manager to Negotiate the Purchase of Approximately 95
Acres of Parkland and, if Necessary, Authorize Attorney to Initiate Eminent Domain
Proceeding.
Resolution No. 1331-5-95(R): A Resolution of the City Council of the City of Allen,
Texas, Authorizing the Acquisition of Private Real Property for Public Purposes for Use
by the City of Allen, Texas; Declaring that the Acquisition of Fee Simple Title to Said
Property is a Public Necessity, and Authorizing, if Necessary, the Institution of
Proceedings in Eminent Domain to Acquire, or Otherwise Take, Fee Simple Title to Said
Property
F Set June 1, 1995 as Public Hearing Date on a Request to Rezone 5 -Acres located at the
Comer of Raintree Circle and future Waiters Road from Agriculture -Open Space to
Community Facilities.
The motion carried.
Mayor Farmer reviewed Consent Agenda Item IV, Item G, Set June 1, 1995, as Public Hearing
Date on an Appeal to the Decision of the Planning & Zoning Commission Denying a Request for Garden
Home Zoning on 5.2947 -Acres Located at the Intersection of Malone Road and Exchange Parkway from
the Consent Agenda. There were four (4) people that either voiced their opinion or noted their opinion
that they were in favor of the appeal to deny the request understanding that the public hearing will be held
on June 1 at which time they were encouraged to attend the Council meeting. They were Michael
Marley, 440 Creekside Lane, Allen, Texas, Debbie Marley, 440 Creekside Lane, Allen, Texas, Doug
Kilmer, 1314 Creekwood Court, Allen, Texas, and Patricia Reyna, 2 Creekcrest Court, Allen, Texas.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 4, 1995
PAGE 5
MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Ker, the
Council voted seven (7) for and none (0) opposed to set lune 1, 1995 as the public hearing date
for Consent Agenda Item G, Set June 1, 1995, as Public Hearing Date on an Appeal to the
Decision of the Planning & Zoning Commission Denying a Request for Garden Home Zoning
on 5.2947 -Acres Located at the Intersection of Malone Road and Exchange Parkway The
motion carried.
End of Consent Aeenda
Council Committee Reports
Development:
No report
Finance/Administration:
Cable TV - breakthrough of compression technology is being researched
Mayor's:
Current council agenda
Exchange Dam
Spring Planning assignments
Briar Ridge facilities agreement
Right-of-way centerline study
Citizen's Continents
(Agenda Item V)
(Agenda Item VI)
Liz Valentine, 1005 BelAir Drive, spoke before the Council regarding historic preservation of the
downtown, specifically the Spradley-Wilson house at 201 East Main. She suggested the City of Allen become
involved in obtaining grant money in the actual refurbishing of the stmcture and its designation as a historical
site. City Staff will look into the many aspects and options available. It was suggested it would cost
approximately 512,000 to prepare the house for moving and approximately $20,000 to prepare the home for
restoration. Actual restoration costs would be in addition to this.
Services:
Fire truck specifications
Animal shelter
Allen Recreation Center/Pavilion
Annual work plan
Custer Road dump station
Surplus vehicles
Mayor's:
Current council agenda
Exchange Dam
Spring Planning assignments
Briar Ridge facilities agreement
Right-of-way centerline study
Citizen's Continents
(Agenda Item V)
(Agenda Item VI)
Liz Valentine, 1005 BelAir Drive, spoke before the Council regarding historic preservation of the
downtown, specifically the Spradley-Wilson house at 201 East Main. She suggested the City of Allen become
involved in obtaining grant money in the actual refurbishing of the stmcture and its designation as a historical
site. City Staff will look into the many aspects and options available. It was suggested it would cost
approximately 512,000 to prepare the house for moving and approximately $20,000 to prepare the home for
restoration. Actual restoration costs would be in addition to this.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 4, 1995 PAGE 6
Public Hearing on a Request to Amend the Current
Zoning on the Morningside Addition Being 139.1 -Acres
Located at the Northwest Corner of FM 2170 and Malone
Road and Consider an Ordinance Effective this Chanee_ (Agenda Item Vlll
Bill Petty, Director of Community Development, reviewed the current zoning on the property in question
which is located at the northwest comer of FM 2170 and Malone Road. He indicated that the density would
remain the same after carving out the community facility site as was zoned in May of 1993.
A traffic study has been completed to determine the impact of this development on the thoroughfare
system and three (3) factors were concluded:
1. Malone Road should be upgraded to a four -lane, undivided 80 -foot thoroughfare;
2. Internal circulation should include an alternative transportation system to the school; and
3. Circulation improvements are needed for the school site.
Sam Wyse III, P O. Box 836252, Richardson, Texas, spoke before the Council as representative for Chi
Apartments Limited. A market study took place and marketability of the property in question under the present
zoning was questioned. The proponents suggested that the property be rezoned, that the school needs be met,
and that a marketing approach that would successful needed to be aggressively pursued. The proponent has
provided right-of-way to accommodate alternative transportation. If a school is not placed on the property, the
proponent agrees that 532 units would be the total number of units allowed under the present zoning. The
proponent feels he has shown a commitment to the community's needs and aesthetics The proponent then offered
to change the 270 foot strip on the northern portion of the property to 2,000 square foot homes, the R-5 portion
to 1,600 square foot homes and the garden homes to be 1,400 square feet. The lot sizes would remain the same.
Mayor Farmer read the request into the record as follows:
"Public Hearing on a Request to Amend the Current Zoning on the Momingside Addition Being
139.1 -Acres Located at the Northwest Comer of FM 2170 and Malone Road and Consider an
Ordinance Effecting this Change."
Mayor Fanner opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Rex Foster, 1426 Rivercrest Boulevard, Allen, Texas, spoke in opposition to the original proposal and
was not prepared to address changes presented this evening. He stated it was not in the best interest of the
citizens of Allen.
Bill Dozier, 1407 Brookside Drive, Allen, Texas, spoke in opposition to the zoning and also the concept
of an elementary school next to the middle school. He indicated smaller lot size homes tend to become rental
properties which devalue the surrounding property owners' homes.
Lois Jacobs, 1400 Brookside Drive, Allen, Texas, spoke in opposition to this request and expressed
concerns about the density and the line of trees on the northern property line.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 4, 1995 PAGE 7
Heidi Meaux, 1430 Rivercrest Boulevard, Allen, Texas, spoke in opposition to the request and expressed
concern about the marketing survey that had been conducted, lot sizes, mixing of the middle school and
elementary school, and expressed concern that this would not be good for the future children of Allen.
Mark Nicholson, 1417 Rivercrest Boulevard, Allen, Texas, spoke in opposition to this request and
expressed he did not wish to see small housing in the area.
Diane Pitkin, 1402 Collin Drive, Allen, Texas, spoke in opposition to the request and expressed concern
about the trees on the northern boundaries of the property She would like to see the developer protect the tree
line.
Patricia Reyna, 2 Creekcrest Court, Allen, Texas, spoke in opposition to the request and requested that
Council protect the property values in the area
Larry Richmond, 1415 Rivercrest Boulevard, Allen, Texas, spoke in opposition to the request and
expressed concern about increased traffic, delinquency problems, etc. He is also concerned about the quality and
the price of the newly revised home project.
Daniel Turner, 906 Greenbrook, Allen, Texas, spoke in opposition to the request and indicated the
proposed zoning would devalue surrounding property, create infrastmcture expense versus tax base, east/west
housing density discrepancies, and lose the vision of Allen to grow into a fine community
Brent Meaux, 1430 Rivercrest Boulevard, Allen, Texas, spoke in opposition to the request and indicated
that the Council needs to look at aesthetics and community needs.
William Cemosek, 1609 Clearmeadow, Allen, Texas, recorded opposition to this request.
Council reiterated that schools are built wherever the school district chooses without actual zoning from
the Council. A question was raised regarding the sanitary sewer line paralleling FM 2170 East. George Conner,
Director of Public Works, indicated that it will be difficult to handle this development, but not impossible. It
will be able to be done.
Discussion was held regarding Malone Road becoming a four -lane collector which will be shown on the
next thoroughfare plan for the City of Allen. It was stated that over the past two years, there have been no
permits for homes under 2,500 square feet in size. Discussion was also held regarding the density of this area
and how it affects the need for additional schools.
Density and value is an important factor for the City of Allen. They will dictate what will happen in the
future. The tax base presently is mostly residential and the Council is working to change that. We need to
protect our values on properties. We will actually be helping the school district by looking at the density in this
issue. It is also the Council's desire to not create fragmentation in the community such as an east/west
community
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 4, 1995
PAGE 8
MOTION: Upon a motion made by Councilmember Kerr and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to deny the request to amend the current
zoning on Morningside Addition and to retain the existing zoning as set in 1993. This
recommendation is in conflict with Planning and Zoning recommendation. The motion carried.
Council took a brief recess. Mayor Pro Tem Lilly presented a "Conflict of Interest" statement concerning
Agenda Item VIII, Award Bid and Authorize the City Manager to Enter into a Contract with American National
Bank for Depository Services.
Award Bid and Authorize the City Manager
to Enter into a Contract with American
National Bank for Depository Services (Agenda Item VIIn
Charlotte Smith, Finance Director, presented information regarding Request for Proposals for bank
depository services. American National Bank and Bank One submitted bids to the City of Allen.
MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the
Council voted six (6) for and none (0) opposed with Mayor Pro Tem Lilly abstaining from the
vote to authorize the City Manager to enter into a contract with American National Bank for
depository services for a three (3) -year term with a one (1) -year option in accordance with
Finance/Administration Subcommittee recommendation. The motion carried.
Mayor Pro Tem Lilly returned to the Council Bench at this time.
Consider Adopting an Ordinance
Establishine a Juvenile Curfew (Agenda Item M
Richard Carroll, Police Chief, reviewed changes that had been made in the ordinance subsequent to the
Council's workshop on this subject. All gender references were removed and clarification was made to the
section dealing with owners and operators of an establishment who knowingly and willingly allows a child to
remain or harbors a child upon the premises of his establishment during curfew hours.
Bob Dozier, 1407 Brookside, Allen, Texas, spoke in support of this ordinance and agreed that juveniles
do not need to be out late at night
Patricia Reyna, 2 Creekcrest Court, Allen, Texas, spoke in support of the juvenile curfew and on behalf
of her neighbors, agreed that this was a good ordinance for the City of Allen.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 4, 1995
Ordinance No. 1332-5-95: An Ordinance of the City
of Allen, Collin County, Texas, Providing for the
Establishment of a Curfew for Children within the
City of Allen; Providing Procedures for Enforcement;
Authorizing Penalties for Violation of the Curfew;
Providing Definitions; Providing Exemptions and
Defenses from Prosecution; Providing a Severability
Clause; and Providing for an Effective Date.
PAGE 9
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1332-5-95 as
previously captioned and in accordance with Services Subcommittee recommendation. The
motion carried.
Review Ouarterly Financial Report (Agenda Item X)
Charlotte Smith, Finance Director, reviewed the quarterly financial report for the period ending
March 31, 1995. All the items look very much in line except for permits and licenses and inspection fees at this
point.
There was no action taken on this item. This report was prepared for informational purposes only
Authorize City Manager to Execute a Contract
for Telecommunications Consulting Services
(Agenda Item XI)
Michael Stanger, Assistant to the City Manager, reviewed the Strategic Plan dealing with technology
improvements for the City This item deals specifically with the upgrade or replacement of the present phone
system. The consultant, Prettyman & Associates, will perform high-quality work at a reasonable cost being
$75 per hour and an estimated 180 to 200 hours totaling up to $15,000. Project fees included this item should
not exceed $16,500. To accomplish this task by the end of the fiscal year, the following calendar would apply,
Approval of consulting agreement
May 4
Notice to proceed to consultant
May 5
Issue Request for Proposal (RFP)
May 26
Responses due/proposal opening
June 19
Council contract award
July 20
Installation complete
September 18
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute a
contract with Prettyman & Associates for telecommunications consulting at a budget not to exceed
$16,500. The motion carried.
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ALLEN CITY COUNCIL
REGULAR SESSION
MAY 4, 1995 PAGE 10
Approve Bid for Ford Field
Uoerades Addine Luted Soccer Fields (Agenda Item XII)
Rhoda Savage, Director for Parks and Recreation, reviewed plans for construction of three (3) lighted
soccer fields at Ford Park. Five (5) bids were received with H. L. Zumwalt Construction being the lowest
responsible bidder.
MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Kerr, the
Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute a
contract with the lowest responsible bidder H. L. Zumwalt Construction to an amount of
$320,131 and with a budget of a 10% contingency fee for a total contract amount not to exceed
$352,144. The motion carried.
Other Business (Agenda Item XIII)
Legislative Report (Agenda Item )[III -A)
Right to carry
Liability Bill
Insurance purchasing
Ashley's Laws
Calendar (Agenda Item XIII -B)
May 10 1:00 P.M. Development Subcommittee
May 11 7:00 p.m. Canvass of Election
May 25 6:30 p.m. AISD Joint Meeting
Items of Interest (Agenda Item XIII -C)
There were no items of interest.
Executive Session
(Agenda Item XIV)
In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section
551.072, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 11:18
p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss
matters pertaining to sale of City property
The Executive Session was adjourned at 12:20 a.m.
Reconvene
(Agenda Item XV)
The Allen City Council reconvened into regular session at 12:21 a.m. on Friday. May 5, 1995, in the
Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive
Session.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 4, 1995
Adjourn
PAGE 11
(Agenda Item XVI)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:22 a.m. on Friday, May 5, 1995 The motion carried.
These minutes approved on the 18th day of May , 1995.
ATTEST:
J MorrisWn, CMC, CITY SECRETARY
[i
APPROVED:
oe Farmer, MAYOR