Min - City Council - 1996 - 11/21 - RegularALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 21, 1996
Present:
Kevin L. Lilly, Mayor
[� r"fr,11.�'1'I' b°9
Lonnie Thomas
David Kerr, Mayor Pro Tem
Doug Gallagher
Dave Powyszynski
Steve Terrell
Melissa Owen
City-Staf[:
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:00 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 Lilly at 6:22 p in on Thursday, November 21, 1996, in the Council Chambers of
the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
n Council Discussion (Agenda Item II)
A resolution will be attempted next week regarding the trees north of Exchange.
Discussion was held regarding the 4A/4B Coalition. About 22 cities have joined the coalition to date. A
meeting was held this week with Senator Sibley regarding regulations of the 4A/4B cities. Senator Sibley felt his
legislation would not erode local control. He was interested in a reporting mechanism so that a trail of documents
of what each city is doing with the 4A/4B money could be traced. Council felt it might be beneficial to contact
Bill Ratliff regarding this project.
It was announced there will be a ground -breaking ceremony for Electronic Data Systems (EDS) on
Monday, November 25, 1.30-290 p m. at the southeast corner of Bethany Drive and Enterprise Drive
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ALLEN CITY COUNCIL
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ADA (Americans with Disabilities Act) have checked various establishments in the City and have requested
tickets be written for vehicles parked in handicap parking places. Councilmembers may receive some phone calls
regarding this action.
Discussion of Consent Agenda
and Regular Agoda Items (Agenda Item IID
Bill Lovil will be present for the tabled item, Agenda Item IX, Tabled Item — Amend Section 9-135 of the
City of Allen Code of Ordinances Setting Revised and New Speed Limits for Streets other than Expressways and
Freeways.
John Payton will be available to discuss the Allen Jaycees annual Christmas parade, Agenda Item X,
Request to Appear from John E. Payton of the Allen Jaycees Concerning the Annual Christmas Parade.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:07 p.m. on Thursday, November 21, 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 7:10 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen,
Texas in order to discuss matters pertaining to Parker annexation litigation.
The Executive Session was recessed at 7:28 p.m.
REGULAR SESSION - 7:30 P.M.
With a quorum of the Councihnembers present, the regular session of the Allen City Council was
reconvened by Mayor Lilly at 7:35 p.m. on Thursday, November 21, 1996 in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
CONSENT AGENDA (Agenda Item VI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council
voted seven (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda
as recommended and as follows
A. Approve Minutes of November 7, 1996, Regular Meeting
B. Confirm Action of Sign Control Board to Deny Variance Requested by Twin Creeks
Partners for an Increase in Class 6 Billboard Sign Size from 288 Square Feet to 672
Square Feet.
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NOVEMBER 21,19%
PAGE 3
C. Adopt an Ordinance Continuing the City Council's Action of November 7, 1996, to
Change the Zoning on 128.365 Acres of Land from Agriculture Open Space to Planned
Development with Single -Family Uses, a City of Allen Water Storage Facility and a Public
Hike and Bike Trail System.
Ordinance No. 1473-11-96: 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 (AO) to Planned Development No.
59 on the Following -Described Tract of Land: 128.365 Acres of Land Located in the
Simon Burns Survey, Abstract No. 92, City of Allen, Collin County, Texas, Providing for
Exhibit "A" land use Plan, Providing for Exhibit "B" Area and Use Regulations;
Providing for Exhibit "C" Legal Description; Providing for a Penalty of Fine not to
Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a
Severability Clause; and Providing for the Effective Date of Said Ordinance.
D Amend Ordinance No. 1189-7-93, Suspending Interest on Buckingham Pro -Rata Until
January 31, 1997
Ordinance No. 1474-11-96: An Ordinance of the City of Allen, Collin County, Texas,
Amending Ordinance No 1189-7-93 by Opening a Window for the No -Interest Period
Ending January 31, 1997 for the Pro -Rata Charge for Water and Sanitary Sewer Utilities
Located in Buckingham Estates; Providing a Severability Clause; and Providing for the
Effective Date of Said Ordinance.
E. Award Contract for Asphalt Alley Replacement with Concrete to Low Bidder
Council authorized the City Manager to enter into a contract with Yoko Construction for
$191,255 for the asphalt alley replacement with concrete (Phase 3).
Quarterly Tax Report.
G. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows.
Integrated Computer Systems $3,319.50
For: Additional RAM for servers and software
support for installed modules
1994 Bonds
Period: November 5, 1996
2. Anchor Companies $63,956.70
For: Continuing construction of animal shelter
Animal shelter construction funds
Period: through October 10, 1996
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PAGE 4
3.
Texas Commerce Bank
$19900
For. 1996 General Obligation Bond sale costs
1996 General Obligation Bonds
Period. July 1996
4.
Sartor TV & Video
$1,54970
For: Furniture and equipment for Station #3
1994 Bonds
Period: November 4, 1996
5.
Harte Hanks Community Newspaper, Inc.
$47.25
For Advertising for asphalt replacement w/concrete
1994 Street Bonds
Period: October 31, 1996
6.
Blair Graphics
$70.30
For: Copying prints for project
1994 Street Bonds
Period: October 31, 1996
7
Binkley & Barfield, Inc.
$10,000.00
For: Roadway layout and hydraulic modeling (Bethany Dr.)
1985 Existing Street Bond funds
Period: November 11, 1996
8.
Helen Starnes
$34.00
For: Filing of Waterline Easement - Margaret McDermott
and Mary McDermott Cook
1992 Water/Sewer Bonds
Period: through October 16, 1996
9
Alpha Testing, Inc.
$607.50
For Testing for Exchange Parkway Waterline
1995 Water Bonds
Period: October 31. 1996
10. City of Allen Operating Account $61.00
For. To reimburse payment to Operating
Account #02-90-00-4122 for filing of easements
Period: November 12, 1996
11. Collin County Public Works Department $60,833.25
For: Rowlett Road and Alma Drive Construction Costs
1992 Street Bonds
Period through November 14, 1996
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PAGE 5
12.
Binkley & Barfield, Inc.
$7,000.00
For: Engineering costs for Exchange Parkway project
1992 Street Bonds
Period: through November 11, 1996
13.
Judy Morrison
$138.00
For: Filing of Plats for FM 2170 West - $874.00 -
check cut on 11/5/96 - to reimburse Judy Morrison
for additional costs
Facility Agreement Watters Crossing
Period: November 12, 1996
14.
Clark Condon Associates
$4,302.72
For Survey for Allen Station Park
1994 Park Bonds
Period: through October 31, 1996
15.
Clark Condon Associates
$12,66930
For: Preliminary phase, air fare, bluelines, car rental,
copies, messenger services, mileage,
mylars, parking
1994 Park Bonds
Period: through October 31, 1996
16.
Hurn-Zollars
$14,89470
For: Design Phase for Allen Station Park
1994 Park Bonds
Period. through October 31, 1996
17
Alpha Testing, Inc.
$1,658.50
For Concrete and materials testing
Animal Shelter Construction Funds
Period: September 12, 13, 14, 15, and 17, 1996; and
October 4, 17 and 25, 1996
18.
River Valley Enterprises, Inc
$59,821.97
For: Construction costs for 16" water line along
Exchange Parkway from US 75 to SH 5
1995 Water Bonds
Period Services during October 21 to November 18, 1996
19
Signs Direct, Inc.
$1,087.80
For: Signs for Exchange and Alma
1992 Street Bonds and Operating Account
Period. through November 14, 1996
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20 Leftwich & Associates, Inc. $1,020.00
For: Traffic Volume Assignment for Watters Crossing
1985 Existing Street Bond Funds
Period. November 12, 1996
The motion carried.
End of Consent Agenda
Council Committee Renarts (Agenda Item VII)
Services:
Allen Station Park
Animal Shelter
Fire Station #3 opening
Fire Station #4 plans
Fire tr ick/ambulance
Finance/Administration:
Next meeting December 16
Development:
Abandonment of right-of-way at SH 5 and Stacy Road
Bicycle helmet law
Central Avenue
Mayor's:
Current Council agenda
Buckingham no interest suspension
Median cuts
Ad Hoc Committee reporting
's Continents (Agenda Item VIII)
Mayor Lilly had the pleasure to crown Jennifer Hill, Mrs Allen International 1997, who will represent
the City of Allen at the 1997 Mrs, Texas International pageant. Jennifer is the wife of Johnny Hill and currently
serves on the Allen Sign Control Board and Vaughan Elementary PTA Board She is employed as a Business
Systems Analyst with Texas Instruments.
ALLEN CITY COUNCIL
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Tabled Item: Amend Section 9-135 of
the City of Allen Code of Ordinances
Setting Revised and New Speed Limits for
Streets Other than Expressways and Freeways (Agenda Item IX)
MOTION: A motion was made by Councilmember Gallagher and seconded by Councilmember Powyszymki
to remove from the table the request to amend Section 9-135 of the City of Allen Code of
Ordinances setting revised and new speed limits for streets other than expressways and freeways
Council voted seven (7) for and none (0) opposed to bring this item back to the table. The motion
carried.
George Conner, Public Works Director, introduced Bill Lovil, area engineer for Collin County and the
Texas Department of Transportation (TXDOT). Mr. Lovil explained how speed zones are set specifically along
SH 5. State law states no person shall travel on any highway at a speed that is not safe or prudent. He indicated
that the speed limits are generally set at the 85th percentile of traffic traveling on that highway The federal
government can and has dictated speed limits in the past — reference 55 mph federal regulation due to the oil crisis.
Due to the anticipated loss of $800 million from the federal government for Texas state highways, Texas
Department of Transportation has raised the speed limits in accordance with federal regulations again to the 70 mph
realizing that citizenry will travel at a reasonable and prudent speed Speed limits are set according to the "best"
conditions, not the "worst" conditions. Mr. Lovil offered to participate in another study along SH 5 if the Council
so chose. Unfortunately, the speed limit signs along SH 5 from Exchange to Jupiter have been changed prior to
contact with officials with the City of Allen.
Factors Council felt needed to be considered were — Is police power and posted speed directly correlated
to fatalities or accidents in those areas9 It is the Department of Transportation's intent to please the citizens of
Allen. However, TXDOT cannot defy state law
Council formally requested that US 75 between Bethany Drive and SH 121 receive a temporary speed zone
during construction of 55 mph.
Ordinance No. 1475-11-%: An Ordinance of the City
of Allen, Texas Amending Section 1-40 of the Allen
Vehicle and Traffic Code, Ordinance No. 259, m
Previously Amended by Ordinance Nos. 309, 482-12-
83, 724-8-86,859-6.88,962-12-89 and 1014-1-91, 1177-
5-93, 120410-93, and Chapter 9, "Motor Vehicles and
Traffic," Article V, "Operation of Vehicles," Division
2, "Speed Regulations," Section 9-135 of the Allen
Code of Ordinances Altering the Prima Facie Speed
Limits Established for Vehicles Under the Provision of
Section 169(b) of Article 6701d, Vernon's Texas Civil
Statutes, Upon Victorian Drive, or Parts Thereof,
Within the Corporate Limits of the City of Allen, as
Set Out in this Ordinance; and Providing Penalty
Clauses, Severability Clauses and an Effective Date.
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REGULAR SESSION
NOVEMBER 21, 1996 PAGE 8
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Terrell to
adopt Ordinance No. 1475-11-96 as previously captioned with the modifications on SH 5 —
Stacy Road to Exchange Parkway - 55 mph,
Exchange Parkway to Jupiter Road - 50 mph;
Jupiter Road to Keith Drive - 40 to 45 mph;
Keith Drive to Hightrail - 50 to 45 mph;
and Hightrail to Chaparral - 50 mph,
the Council voted four (4) for and three (3) opposed with Mayor Pro Tem Kerr and
Councilmembers Thomas and Powyszynski casting the negative votes. The motion carried.
Request to Appear from John E. Payton of the
Allen Jaycees Concerning the Annual Christmas Parade (Agenda Item X)
Judge John Payton and Recreation Specialist Sandy McGowan reviewed the parade route and schedule for
"Home for the Holidays." They also specifically requested to be able to contract with Coca-Cola for concessions
during the day
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 authorize the Allen Jaycees' request to
participate and create a "Home for the Holidays" celebration on December 7 in the City of Allen.
The motion carried.
Council took a brief recess
Approve Budget Amendments for
the City's Share of the SH 5 Pro' (Agenda Item XI)
Due to notification from the state, the City of Allen is required to provide an additional $36,500 for cost
of right-of-way, exceeding their original estimate. Due to the extra right-of-way and costs on median cuts, a budget
overrun dictates a reduction in items we had hoped to provide, especially in the sidewalk budget. Staff feels the
sidewalks could be constructed along the developed areas and left unconstructed in the undeveloped areas. By the
time the project begins in 1998, additional escrows and monies may be available for some of the projects cut at this
time.
Dr. Jerry Wilson expressed concern that most of his business comes from the north and would be unable
to access his clinic without this median cut.
Quest Medical representative, Mr. Turner, expressed his concern for people and safety Quest has already
donated the right-of-way for the roadway and felt this needed to be considered by the Council. The median cut
would also benefit access to the property north of Quest Medical. Along with the safety obligation, Mr. Turner
stressed the obligation also to the corporate community
E ALLEN CITY COUNCIL
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PAGE 9
Dr. David Bishop requested Council to consider the median cut by his property and hoped that the State
Highway Department would look favorably upon his request
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councihnember Owen, the Council
voted seven (7) for and none (0) opposed to approve the funding for right-of-way, engineering
costs and the additional median cuts to include the median cut near Exchange should the median
be approved to enhance existing and future businesses along SH 5. The motion carried.
Report of the Ad Hoc Committee Concerning
Industrial Development Adjacent to Existing
Residential Development and Consider Related Actions (Agenda Item XID
Chairman Lonnie Thomas of the Willow Creek Ad Hoc Committee presented information and reported to
the Council with results and final recommendations. The Committee established ground rules during the first
meeting including:
(1)
The Committee cannot obligate the City or property owners.
(2)
The City cannot down -zone property
(3)
The City cannot perform isolated tax abatement.
(4)
The City Cannot make house payments.
The Committee's objectives included:
(1) Diminish the visual impact of the JSC building ,
(2) Develop a strategy to protect the southern boundary, and
(3) Develop a method to provide communications to similarly impacted communities for the purpose
of assuring a transitional buffer between residential and commercial/retail areas.
Discussion was held regarding the informal notification process which was a directive towards Staff. The
Ad Hoc Committee directed Staff to devise a method for informal notification of residential property owners of
contemplated actions of adjacent commercial and industrial properties — did not specify what type of notification
this would include. It might be different for various circumstances. The Ad Hoc Committee intends for Staff to
work out the details so that no one will be surprised about future development. It is anticipated that most of these
sensitive areas can be defined and located prior to actual development.
The Ad Hoc Committee was congratulated for their effort in resolving this sensitive issue.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Powyszymki,
the Council voted seven (7) for and none (0) opposed to confirm actions to be taken by the Council
to include:
A. City Council direct Staff to work with the Planning and Zoning Commission and City
Council to review existing zoning where potential conflicts between industrial/commercial
and residential property exist, and improve the transition between those uses. Methodolo-
gies could include landscaping, buffering, height lunitations and other unspecified means.
ALLEN CITY COUNCIL
REGULAR SESSION
NOVEMBER 21,19% PAGE 10
B. The City Council direct that Staff and the Planning and Zoning Commission develop
specific criteria for retail property and especially retail shopping centers abutting
residential tracts. The intent is to develop methods to mitigate problems between different
zoning classes and ask for voluntary cooperation by developers and residents.
C. City Council direct that the Allen Economic Development Corporation (AEDC) seek ways
to mitigate attendant problems of industrial uses adjacent to residential property, including
possibly, financial participation involved in screening, landscaping, etc This will apply
to property owned by the AEDC and property for which AEDC provides incentives.
Directions to Staff
A. Develop a method by which trees that might otherwise be cut down or lost during parks,
public works and private developer construction, can be saved and perhaps used in these
landscape -sensitive areas.
B. Devise a method for informal notification of residential property owners of contemplated
actions of adjacent commercial and industrial properties. This might include maintaining
a list of neighborhood association officers and encouraging developers to contact the
neighborhood associations and/or adjacent property owners prior to development.
The motion carried
Other Business (Agenda Item XIII)
Calendar (Agenda Item XIII -A)
December 7 "Home for the Holidays"
December 10 Board Appreciation Dinner
December 16 Finance/Administration Standing Committee
Items of Interest (Agenda Item XIII -B)
Assistant City Manager Michael Stanger informed the Council that the City was notified of a rate increase
for medical insurance for employees. RFPs (Request for Proposal) have been prepared and the City will be taking
bids for new medical insurance for the City of Allen employees. Staff was asked to contact PCA with a RFP to
bid on insurance for the City
The regular Council meeting was recessed at 11.10 p.m. and Council reconvened into Executive Session
at 11.15 p.m. on Thursday, November 21, 1996 in the Conference Room of the Allen Public Library
ALLEN CITY COUNCIL
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PAGE 11
Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 12:18 a.m. on Friday, November 22, 1996, in
the Council Chambers of the Allen Public Library There was no action taken on items discussed during Executive
Session.
(Agenda Item XIV)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councihnember Powyszymki, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:25 a.m. on Friday, November 22, 1996. The motion carried.
These minutes approved on the 5th day of December , 1996.
ATTEST:
1ILA
c--
dy 11 rrison, CMC, CITY SECRETARY
APPROVED:
Kevin L. Lilly, MAYOR