Min - City Council - 1996 - 08/15 - RegularALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 15, 1996
Kevin L. Lilly, Mayor
Councilmembers:
Lonnie Thomas
David Kerr, Mayor Pro Tem
Doug Gallagher
Dave Powyszynski
Steve Terrell (arrived at 8:27 p.m.)
Melissa Owen
city Sta
Jon McCarty, City Manager
Judy Morrison, City Secretary
With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council
was called to order by Mayor Lilly at 6.20 p.m. on Thursday, August 15, 1996, in the Lunch Room of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
Open Council Discussion
(Agenda Item II)
Discussion was held regarding changes in state law which allows Staff to authorize minor plats. This item
will come to the Council at a later date.
Council was informed the Suncreek property will be finalized tomorrow morning.
Council will be able to view later this evening a possible Council set-up in the library building.
Donna Whitman with Texas Municipal League (TML) will be available during the Executive Session to
discuss the results of the mediation settlement this week.
The public hearing for August 20 on the budget was brought to the Council's attention This public hearing
will be held at 7.30 p.m.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 15, 1996
Discussion of Consent Agenda
and Reg Ig ar Agenda Items
PAGE
(Agenda Item III)
Mayor Lilly began the review of the Consent Agenda items. Discussion was held regarding the bids that
were opened this afternoon for the Exchange waterline from SH 5 to US 75. Fifteen bids were received and River
Valley Construction will be recommended as the best low bid An adjustment to the budget will be requested of
Council.
Discussion was held regarding Agenda Item VI, Consent Agenda, Item H, Adopt an Ordinance Changing
the Name of TRW Parkway to Experian Parkway Discussion was held regarding the effective date for this
ordinance to coincide with the closing of the property
The Mayor reviewed items to consider for Agenda Item X, Tabled Item: Consider Ordinance Amending
the Comprehensive Zoning Ordinance Sections 2.09 - Site Plan Approval and Section 3.05 - Landscape and Tree
Preservation (Public Hearing Conducted August 1, 1996.) Council will be taking this item off the table, a
presentation will be given by the Community Development Director regarding Planning and Zoning (P&Z)
recommendation, other information will be brought to the Council as distributed during the workshop session,
although a presentation may be made by the P&Z Chairman, it is thought a great deal of discussion will not be held
���'''""" at this time, and final amendments will be made to the ordinance.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 6:45 p.m. on Thursday, August 15, 1996.
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 647 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,
Texas in order to discuss matters pertaining to Council personnel evaluations and pending litigation — annexations
and personnel.
The Executive Session was recessed at 7:25 p.m.
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 Lilly at 7 34 p.m. on Thursday, August 15, 1996 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item VI)
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councihnember Powyszynski,
the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent
Ell Agenda as recommended and as follows:
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 15, 19%
PAGE 3
A.
Approve Minutes of the August 1, 1996, Regular Meeting.
B
Approve Minutes of the August 9, 10, and 11, 1996 Budget Workshop.
C.
Set Thursday, September 5, 1996 as the Public Hearing Date on a Request to Zone 163 08
Acres Located at the Southeast Corner of Allen Heights Drive and Bethany Road as
Requested by Irene Haggard Bedell.
D.
Approve Bid, Authorize Contract and Set Budget on a 16" Water Line Paralleling
Exchange Parkway from SH 5 to US 75.
Council authorized the City Manager to enter into a contract with River Valley
Construction, Inc. in the amount of $442,762 which would bring the total of construction,
contingency and engineering for this project to $480,000. The additional funds needed are
available in the water and sewer bond funds ($42,000).
E
Approve Bid and Authorize Contract Execution on Sidewalk and Drainage Repairs Funded
from the Annual Budget
Council authorized the City Manager to enter into a two-year unit cost contract of a
continuing nature with TEI Construction in the amount of $111,496 for the repair of
sidewalk and drainage structures
F
Approve a Resolution Authorizing Execution of an Interlocal Agreement with the City of
DeSoto so they may Utilize the City of Allen's Request for Proposal for Purchases of
Police Computer Equipment and Software
Resolution No. 1443-8-96(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Approving the Terms and Conditions of an Interlocal Agreement
by and between the City of Allen, Texas and the City of DeSoto, Texas Providing for a
Cooperative Purchasing Program for Goods and Services; and Providing for an Effective
Date.
G. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows
1 Harte Hanks Community Newspaper $88.00
For: Advertising for Lakeridge and Melody Mall alleys
1994 Street Bonds
Period: through June 30, 1996
2. JRJ Paving, Inc. $35,311 14
For: Construction on Anna and Boyd Paving Project
1994 Street Bond Funds
Period. July 25, 1996
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 15, 1996
PAGE 4
End of Consent Agenda
Council Committee Rept
Services:
Animal shelter
Special events/parade regulations
Finance/Administration:
Next meeting set for August 26
Development:
Minor plats — new state law impact
r Second ground storage tank at Stacy Road
Work program
(Agenda Item VII)
3. Alpha Testing, Inc. $272.00
For: Testing on Anna and Boyd Paving Project
1994 Street Bond Funds
Period. July 31, 1996
4. Freese & Nichols $10,800.00
For: Plans & Specs for 16" Water Line along Exchange Parkway
1995 Water Bonds
Periodthrough June 30, 1996
5. Clark Condon Associates $56000
For: Preliminary Drawings (Allen Station Park)
1994 Park Bonds
Period: through July 31, 1996
6. Clark Condon Associates $1,465.94
For: Professional Services
1994 Park Bonds
Period' through July 31, 1996
H. Adopt an Ordinance Changing the Name of TRW Parkway to Experian Parkway
Ordinance No. 1444-5-96: An Ordinance of the City of Allen, Collin County, Texas,
Changing the Name of TRW Parkway to "Experian Parkway", Amending all Ordinances
or Portions of Ordinances to Conflict Herewith; and Providing for an Effective Date.
The motion carried.
End of Consent Agenda
Council Committee Rept
Services:
Animal shelter
Special events/parade regulations
Finance/Administration:
Next meeting set for August 26
Development:
Minor plats — new state law impact
r Second ground storage tank at Stacy Road
Work program
(Agenda Item VII)
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 15, 1996 PAGE 5
Mayor's:
Current Council agenda
Tree preservation
4B sales tax meeting
Council Chamber move to Library Meeting Room
Budget retreat update — input requested on possible changes on programming for next year
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Approve Bid, Authorize Contract Execution and
Amend Budget for Construction of the Animal Shelter (Agenda Item IX)
Police Chief Richard Carroll reviewed the background of the animal shelter project. Five bids have been
received with only one bid being within budget. Because Anchor Companies Construction Specialists handle their
own Flatwork and masonry inhouse, they were able to bid the project within budget. Staff is not recommending
Alternate #1 which is the privacy wall due to the cost associated with it. The cost is substantial due to dirt -work
that would take place to get the wall high enough to serve the intent of its construction. Alternate #2 is being
recommended as part of the bid.
Architect Ron Hobbs indicated the project per square foot came in at a very competitive price.
MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to authorize the City Manager to enter into a
contract with low bidder Anchor Companies Construction Specialists in the amount of $274,800
and to include Alternate #2 in an amount not to exceed $10,600 and to amend the budget not to
exceed $310,000. The motion carried.
NOTE Councilmember Terrell arrived at the Council meeting at 8:27 p.m.
Tabled Item: Consider Ordinance Amending the
Comprehensive Zoning Ordinance Sections 2.09 - Site
Plan Approval and Section 3.05 - Landscape and Tree
Preservation (Public Hearing Conducted August 1. 19%)
(Agenda Item X)
MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to remove Item X, Tabled Item: Consider
Ordinance Amending the Comprehensive Zoning Ordinance Sections 2.09 - Site Plan Approval
and Section 3 05 - Landscape and Tree Preservation — (Public Hearing conducted August 1, 1996)
from the table. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 15,19% PAGE 6
Bill Petty, Director of Community Development, reviewed the changes being brought forward from the
Planning and Zoning Commission to revise the Zoning Ordinance with regard to tree preservation. The Planning
and Zoning Commission addressed the seven issues brought forward to them by Council and have presented
additional verbiage for the ordinance for Council review
Kenneth Fulk, Chairman of the Planning and Zoning Commission, distributed information regarding the
tree preservation and protection section of the Comprehensive Zoning Ordinance. He reviewed that information
with the Council for further clarification.
Councilmember Gallagher presented information for the Council's review as he understood the Council's
intent of the ordinance subsequent to the last meeting.
A public comment was read into the record from Ed Topfer, 307 Keith Drive, Allen, Texas 75002. He
felt if credits were going to be considered toward tree removal then they should be considered at a very minimal
degree, otherwise the Council is defeating the whole purpose of the ordinance
A public comment was read into the record from Fritz Dietrich, 1000 Bel -Air Drive, Allen, Texas 75013,
that requested the tree credits section should be taken out of the ordinance and indicate that no trees should be cut
down until a tree committee looks at the plans and then sees if the trees can be saved
Chuck Williams, 801 East Main Street, Allen, Texas 75002, requested that the ordinance be made more
usable He felt it was punitive to builders and in the long run, would not necessarily be protecting trees.
Discussion was held regarding the "tree credit" issue. The Council was reminded that the City of Allen
has become commercial/industrial development friendly and certainly does not want to change that perception at
this point. An example of credits was viewed by the group, but the Council felt that the ordinance needs to
especially be understandable and enforceable.
Ordinance No. 1445-5-96: An Ordinance of the City of
Allen, Collin County, Texas, Amending Ordinance
No. 1425-5-96, Comprehensive Zoning Ordinance, as
Previously Amended, so as to Amend Article 2,
Section 2.09 Site Plan Approval; Providing for Exhibit
"A" and Exhibit "B"; Providing for a Penalty of Fine
not to Exceed the Sum of Two Thousand Dollars
($2,000); Providing for a Severability Clause; and
Providing for an Effective Date.
MOTION: A motion was made by Councilmember Gallagher and seconded by Councilmember Powyszymki
to approve Ordinance No. 1445-8-96 as previously captioned. No vote was taken on this motion.
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 15, 1996 PAGE 7
MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the
Council voted three (3) for and four (4) opposed with Mayor Lilly and Councihnembers Thomas,
Terrell and Owen casting the negative votes to include additional verbiage that was presented by
Councilmember Gallagher and to include the verbiage "protected' in paragraphs 1 and 4 and
include paragraph 2 regarding healthy unprotected trees as suggested by the Planning and Zoning
Commission. The motion did not pass.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Terrell, the
Council voted three (3) for and four (4) opposed with Mayor Pro Tem Kerr and Councilmembers
Gallagher, Powyszynski and Owen casting the negative votes to table this item and give Staff
direction to write language to deal with this process in conjunction with the platting process. The
motion did not pass.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszynski, the
Council voted five (5) for and two (2) opposed with Councihnembers Gallagher and Terrell casting
the negative votes to make the following amendment to the Ordinance: Exhibit "B," Item 7-D,
"Tree Preservation Credits - For every healthy protected tree (6" caliper or larger) located outside
of the flood plain that is preserved, the developer shall be given credit, according to the following
chart. When Interior Parking Lot Landscaping is also required, only those trees preserved in the
parking area shall be considered for credit for the parking area, according to the following chart.
L The chart is:
Trees 6" to 12" caliper, I" credit for each 1" preserved;
Trees 12.1" to 24" caliper, 1-1/2" credit for each 1" preserved;
Trees over 24" caliper, 2" credit for each 1" preserved
Only trees having been protected in accordance with the Tree Protection Guidelines shall be
considered for credit.
Tree credits may be applied at a maximum rate of one-third for residential and one-half for non-
residential toward landscape and/or tree replacement.
Healthy unprotected trees, over 12" in size, located outside the flood plain, may be considered for
tree credits only when individually field inspected and approved by a designated representative of
the City of Allen.
Determination of credits shall be made by the Community Development Staff upon completion of
site improvements. Field conditions may warrant submittal of a revised landscaped plan to
determine the number of tree credits. Review may include a field inspection of the site, and the
plan may be referred to other departments, or consultants, for review and recommendations " The
motion carried.
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted six (6) for and one (1) opposed with Councilmember Terrell casting the negative
vote to amend Ordinance No. 1445-8-96, Exhibit "B," Item 7, Item G(7), line 10, to read "All
trees saved, 12" caliper and larger, shall be considered for tree credit purposes." The motion
carried.
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 15. 1996 PAGE 8
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the
Council voted seven (7) for and none (0) opposed to amend Ordinance No. 1445-8-96, Exhibit
B," Item 9, Item C. last sentence. "All replacement trees, transplanted trees, or escrow funds
established shall be accomplished prior to the issuance of a Certificate of Occupancy or completion
of construction project in residential districts." The motion carried.
Staff asked for clarification on Exhibit "B." Item E, last two paragraphs regarding protected trees in the
Central Business District (CBD). These apply to trees 24" caliper or greater — 100% replacement required and
trees less than 24" caliper — 50% replacement required. Both apply to the CBD.
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 incorporate the following verbiage for
Ordinance No. 1425-5-96, Item B, Item (1) to read "A landscaped edge shall be provided adjacent
to all streets. The landscaped edge shall be a minimum width of ten (10) feet, exclusive of street
tights -of -way Within the landscaped edge, a minimum of one (1) shade tree (3" caliper minimum)
or an approved ornamental tree shall be planted per 500 square feet of landscaped area (see
Appendix Illustration 13). The 10 -foot landscape edge may be reduced in the Central Business
District (CBD) to no less than two (2) feet where lots are less than two (2) acres. In such case, a
minimum of one (1) shade tree (3" caliper minimum) or an approved ornamental tree shall be
planted for every fifty (50) feet of frontage on any public street. The motion carried.
MOTION: As previously moved, upon a motion made by Councilmember Gallagher and a second by
Councilmember Powyszymki, the Council voted six (6) for and one (1) opposed with
Councilmember Terrell casting the negative vote to approve Ordinance No. 1445-8-96 as
previously captioned and with the above amendments that passed. The motion carried.
Other Business (Agenda Item XI)
Calendar (Agenda Item XI -A)
August 20 730 p in Public Hearing on the budget
September 9 & 10 Interviews for boards and commission
September 24 Joint AISD meeting
October 15 8:00 a in Services Standing Committee meeting
Items of Interest (Agenda Item XI -B)
City Secretary Judy Morrison requested the Interview Committee to contact her with dates and times for
the interviews for the fall board appointments.
Reconvene into yzecutiye Session
The Council reconvened into Executive Session at 11.30 p.m. on Thursday, August 15, 1996
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 15, 1996
PAGE
Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 12:25 a.m. on Friday, August 16, 1996, in the
Council Chambers of the Allen Municipal Annex.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to accept a mediated settlement agreement
between David Gardner and the City of Allen. The motion carried.
(Agenda Item XVI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councihnember Powyszynski, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:27 a.m. on Friday, August 16, 1996. The motion carried.
These minutes approved on the 5th day of September , 1996.
APPROVED:
Kevin L. Lilly, MAYO)it
ATTEST:
Mort n, CMC, CITY SECRETARY
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