Min - City Council - 1997 - 01/16 - Regularv ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 16, 1997
Kevin L. Lilly, Mayor
Lonnie Thomas
David Kerr, Mayor Pro Tem
Doug Gallagher
Dave Powyszynski
Steve Terrell
Melissa Owen
City staff:
Jon McCarty, City Manager
�1 Judy Morrison, City Secretary
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With a quonun of the Councilmembers present, diviner and the workshop session of the Allen City Council
was called to order by Mayor Lilly at 6:20 p.m. on Thursday, January 16, 1997, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
(Agenda item II)
Tim Derider, Parks Superintendent, reviewed the landscape plan for the Fire Station #3. Most of the work
has been accomplished in-house except for the retaining wall which was let to an outside contractor.
The Allen American would like to begin a series called "City Beat." Further information will be upcoming
on this series.
Bill Petty, Director of Community Development, reviewed commuction contractor Zachary's request for
a batch plant in the reconstruction of US 75. This will be located north of Exchange and south of Stacy Road on
the east side of the frontage road. They will clear and bum all the trees on the site and return the area to its current
condition when finished using as a batch plant. They will need a final okay from the state for a new temporary
entrance convenient to their property from US 75 If the state does not approve this entrance, they will need to
come back to the City for a permit.
r ALLEN CITY COUNCIL
E WORKSHOP SESSION
` JANUARY 16, 1997
Discussion of Consent Agenda
PAGE 2
and Regular Agenda Items (Agenda Item III)
There was no discussion regarding the Consent Agenda.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 6:45 p.m. on Thursday, January 16, 1997
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 6:50 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen,
Texas in order to discuss matters pertaining to:
Review Personnel Issues
Contract Discussions with City Attorney
Alternate Judge Selection
Review Council Appointments
The Executive Session was recessed at 7:35 p.m.
REGULAR SESSION - 7:30 P.M.
With a quomm of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Lilly at 7:50 p.m. on Thursday, January 16, 1997 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 Powyszynski, 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 the December 17, 1996, Council/AISD Special Called Joint Meeting.
B. Approve Minutes of the December 19, 1996, Regular Meeting.
C. Approve Minutes of the January 2, 1997, Regular Meeting.
D Accept Resignation from Library Board Member, Place No. 4.
Julie Wilmoth
Library Board
November 1994 - January 1997
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ALLEN CITY COUNCIL
WORKSHOP SESSION
JANUARY 16, 1997 PAGE 3
Amend Personnel Policy & Procedures Manual to add a New Work Cycle to FLSA
Overtime Exemptions.
Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows:
E.
F
I. Hinkley & Barfield, Inc.
$8,400.00
For: Bridge Design and Hydraulic Study
1992 Street Bonds
Period: Through January 3, 1997
2. Hinkley & Barfield
$9,000.00
For: Roadway and Bridge Design
Water Impact Fees
Period: January 3, 1997
3. Hunter Associates, Inc
$285.60
For. Engineering Costs for Project Sanitary Sewer
1995 Water/Sewer Bonds
Period: through October 31, 1996
4 Hunter Associates, Inc.
$187.60
For: Engineering Costs for Project
1995 Water/Sewer Bonds
Period: through October 31, 1996
5. Anchor Companies
$16,200.00
For: Continuing Construction of Animal Shelter
Ammal Shelter Construction Funds
Period: through December 20, 1996
6. Hunter Associates, Inc.
$2,326.80
For: Engineering Costs
1985 Street Bonds
Period through November 30, 1996
7 Hunter Associates, Inc.
$1,921.45
For: Final for Contract on Allen Heights Engineering
1985 Existing Street Bond Funds
Period October 31, 1996
8. JRJ Paving, Inc.
$8,668.00
For: Retainage
1994 Street Bonds
Period: December 31, 1996
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ALLEN CITY COUNCIL
WORKSHOP SESSION
JANUARY 16, 1997
PAGE 4
9
August Industries
$334.00
For: Contingencies - Fire Station #3
1994 Bonds
Period: December 18, 1996
10.
Commercial Indemnity Insurance Company
$16,026.00
For Construction for Fire Station #3
1994 Bonds
Period: Nov 1, 1996 - Dec. 9, 1996
11,
Alpha Testing, Inc.
$820.00
For: Testing Costs for 16" Water Line along Exchange Pkwy
From US 75 to SH 5
1995 Water Bonds
Period: December 15, 1996
12
Helen Starnes - County Clerk
$21.00
For: Filing of Waterline Easement
1992 Water/Sewer Bonds
Period: Services through January 16, 1997
13.
Helen Starnes - County Clerk
$335.00
For: For Filing of ROW and Easement
Facility Agreement - Watters Crossing
Period: January 16, 1997
14.
Jenco - Lewisville
$4,163.69
For: Construction/Landscaping
1994 Bonds
Period: December 1996
15.
David C. Baldwin, Inc. (Neighborhood Park Renovation)
$7,129 75
For. Park and Playground Planning Services
1994 Park Bonds
Period: thin December 19, 1996
16.
Huitt-Zollars (Allen Station Park)
$27,348.77
For Design Phase
1994 Park Bonds
Period: thru December 31, 1996
17
Clark Condon Associates (Allen Station Park)
$22,998.34
For: Professional Services and Design Development
1994 Park Bonds
Period thru December 15, 1996
21. A R Consultants (Allen Station Park) $875 00
For Archival Research, Records Check, Pedestrian Cultural
Resources Survey
1994 Park Bonds
Period: thou December 18, 1996
22. Allen ISD (Allen Station Park) $10,245.83
For: One -Half of Services Rendered by Lescher & Mahoney
1994 Park Bonds
Period: thru October 25. 1996
23.
ALLEN CITY COUNCIL
WORKSHOP SESSION
$4,235.40
For One -Half of Services Rendered by Lescher & Mahoney
JANUARY 16, 1997
PAGE 5
18,
Clark Condon Associates (Allen Statin Park)
$2,012 80
24.
Living Earth Technology (Station #3)
For: Professional Services
For: Construction/Landscaping
1994 Park Bonds
1994 Bonds
Period thrt December 13, 1996
25.
19
Clark Condon Associates (Allen Station Park)
$6.606.90
For: Filing of ROW and Easement
For: Professional Services and Design Development
Facility Agreement, Watters Crossing
1994 Park Bonds
26.
Black & Veatch (Ground Storage Tank at Stacy Rd.)
Period: thru December 31, 1996
For Engineering Costs for Project
20.
Clark Condon Associates (Allen Station Park)
$27,176.56
For: Professional Services and Design Development
1994 Park Bonds
Period: thou December 31. 1996
21. A R Consultants (Allen Station Park) $875 00
For Archival Research, Records Check, Pedestrian Cultural
Resources Survey
1994 Park Bonds
Period: thou December 18, 1996
22. Allen ISD (Allen Station Park) $10,245.83
For: One -Half of Services Rendered by Lescher & Mahoney
1994 Park Bonds
Period: thru October 25. 1996
23.
Allen ISD (Allen Station Park)
$4,235.40
For One -Half of Services Rendered by Lescher & Mahoney
1994 Park Bonds
Period: thou November 15, 1996
24.
Living Earth Technology (Station #3)
$366.50
For: Construction/Landscaping
1994 Bonds
Period: January 1997
25.
City of Allen Operating Account (F.M. 2170 -U.S. 75 to Custer)
$72.00
For: Filing of ROW and Easement
Facility Agreement, Watters Crossing
Period: December 27, 1996
26.
Black & Veatch (Ground Storage Tank at Stacy Rd.)
$27,450.00
For Engineering Costs for Project
Water Impact Fees
Period: thou December 13, 1996
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ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 16, 1997 PAGE 6
27 American Security Bank (Station #3) $806.30
For: Construction/Landscaping
1994 Bonds
Period: November/December, 1996
The motion carried.
End of Consent Aggnda
Council Committee Repo (Agenda Item VII)
Services:
Update on animal shelter
Walk-through on Fire Station #3
Fire Station #4
Update on canine unit
Allen Station Park
Finance/Administration:
Meeting to be held February 3
Development:
Design guidelines
Mayor's:
Current Council agenda
Large Business Owners' meeting
Upcoming meetings for Council participation
Economic Development update
Batch plant request
Highway update
Citizen's Continents (Azenda Item VIID
There were no citizen's comments
Bill Petty, Director of Community Development, introduced Marcie Diamond, Planner for the City of
Allen. Marcie Diamond will be working on the Comprehensive Plan update, the Central Business District (CBD)
Development Plan and will be staff support to the Planning and Zoning Commission
PAGE 7
Administer Oath -of -Office and Present Certificate -
of -Appointment to Reappointed Municipal Court Judge (Agenda Item UO
City Secretary Judy Morrison administered the Oath -of -Office to reappointed Municipal Court Judge Linda
Christiansen Mayor Lilly presented a Certificate -of -Appointment to Judge Christiansen.
Mayor Lilly also presented Councihnember Lonme Thomas with a plaque for his years of service on the
Parks and Recreation Board — April 1991 through March 1996.
Public Hearing to Allow a Microwave Tower by Speck Use Permit
with Site Plan Approval on Property Zoned Community Facilities in
Planned Development No. 56, on a .022 Acre Tract of Land in the
John Huffman Survey, Abstract No. 416, City of Allen, Collin County,
Texas, More Commonly Knowm as Being Located South of McDermott
Drive on Custer Road Adjacent to the Custer Hill Addition, as Requested
by PrimeCo Personal Communicidions. Inc.. and the City of Allen (Agenda Item X)
Bill Petry reviewed the request for a Specific Use Permit by PrimeCo Personal Communications, Inc. on
property recently dedicated to the City of Allen for a future water tower site at Custer Road between the Custer
Hill Subdivision and Custer Hills Estates Subdivision. The proposed request would require an 8 x 12 precast
concrete structure that will be constructed to house electronic equipment as well as a monopole for transmission
There will be no auxiliary lighting, speakers or signs. There will be no personnel on site and no parking
requirements.
The Planning and Zoning Commission recommendations included the following stipulations:
1. Height will be limited to 100 feet.
2. Wind rating to be 70 mph.
1 Monopole to be removed within 120 days after City gives permission to locate the antennae on the
tower.
4. Any lighting on the tower would be approved by the City of Allen.
5. Tower is not to be subleased to any other entity without City Council approval
6. Location of the tower to be moved interior to the lot if this can be accomplished per the City
Engineer
7 Landscaping approved per site plan submitted to be irrigated and maintained.
8. The company's phone carrier needs to have a franchise with the City
Cellular phone service is an important issue for the public. There is also some benefit to the City in the
form of a lease payment from the cellular phone company
Mayor Lilly read the request into the record as follows:
"Public Hearing to Allow a Microwave Tower by Specific Use Permit with Site Plan
Approval on Property Zoned Community Facilities in Planned Development No 56,
on a .022 Acre Tract of Land in the John Huffman Survey, Abstract No. 416, City of
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 16, 1997
PAGE 7
Administer Oath -of -Office and Present Certificate -
of -Appointment to Reappointed Municipal Court Judge (Agenda Item UO
City Secretary Judy Morrison administered the Oath -of -Office to reappointed Municipal Court Judge Linda
Christiansen Mayor Lilly presented a Certificate -of -Appointment to Judge Christiansen.
Mayor Lilly also presented Councihnember Lonme Thomas with a plaque for his years of service on the
Parks and Recreation Board — April 1991 through March 1996.
Public Hearing to Allow a Microwave Tower by Speck Use Permit
with Site Plan Approval on Property Zoned Community Facilities in
Planned Development No. 56, on a .022 Acre Tract of Land in the
John Huffman Survey, Abstract No. 416, City of Allen, Collin County,
Texas, More Commonly Knowm as Being Located South of McDermott
Drive on Custer Road Adjacent to the Custer Hill Addition, as Requested
by PrimeCo Personal Communicidions. Inc.. and the City of Allen (Agenda Item X)
Bill Petry reviewed the request for a Specific Use Permit by PrimeCo Personal Communications, Inc. on
property recently dedicated to the City of Allen for a future water tower site at Custer Road between the Custer
Hill Subdivision and Custer Hills Estates Subdivision. The proposed request would require an 8 x 12 precast
concrete structure that will be constructed to house electronic equipment as well as a monopole for transmission
There will be no auxiliary lighting, speakers or signs. There will be no personnel on site and no parking
requirements.
The Planning and Zoning Commission recommendations included the following stipulations:
1. Height will be limited to 100 feet.
2. Wind rating to be 70 mph.
1 Monopole to be removed within 120 days after City gives permission to locate the antennae on the
tower.
4. Any lighting on the tower would be approved by the City of Allen.
5. Tower is not to be subleased to any other entity without City Council approval
6. Location of the tower to be moved interior to the lot if this can be accomplished per the City
Engineer
7 Landscaping approved per site plan submitted to be irrigated and maintained.
8. The company's phone carrier needs to have a franchise with the City
Cellular phone service is an important issue for the public. There is also some benefit to the City in the
form of a lease payment from the cellular phone company
Mayor Lilly read the request into the record as follows:
"Public Hearing to Allow a Microwave Tower by Specific Use Permit with Site Plan
Approval on Property Zoned Community Facilities in Planned Development No 56,
on a .022 Acre Tract of Land in the John Huffman Survey, Abstract No. 416, City of
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 16, 1997 PAGE 8
Allen, Collin County, Texas, More Commonly Known as Being Located South of
McDermott Drive on Custer Road Adjacent to the Custer Hill Addition, as Requested
by PrimeCo Personal Communications, Inc , and the City of Allen."
Mayor Lilly opened the public hearing and asked for anyone speaking either for or against the request to
do so at this time.
The following individuals could not attend the Council meeting but did telephone the City Secretary's office
and asked that their support of the PrimeCo Tower be recorded for the meeting -
Billy Low, 313 Cordova, Allen, Texas 75002;
Tammy Shaw, 507 Flameleaf Drive, Allen, Texas 75002; and
John Wood, 1411 Quail Run, Allen, Texas 75002.
David Howell with Ashton Custer, L L.0 did not speak before the Council but presented the Council a
letter stating opposition to the cellular tower.
The following individuals who are homeowners in the area do not oppose the installation of the facility
Bridget Drum, 304 Hardwick Court, Allen, Texas 75013;
Mark Thaler, 306 Wortham Lane, Allen, Texas 75013, and
Jack and Laura Thomas, 307 Hardwick Court, Allen, Texas 75013.
Pat Atkins, 6330 Beltline Road, Garland, Texas 75043 spoke in opposition to the request. Mr. Atkins
representing the builders and the joint -venture partners are in opposition to this request. There was no
understanding "up front" when the land was donated as a water tower site that this would become a cellular site
as well. The future homeowners have been notified regarding the water tower site. Mr. Atkins expressed a
problem with this misrepresentation to the homeowners and the builders, no compatibility of height within the
district and the change of issue from the original "up front" discussions with the City
William Cothrum, 500 S. Ervay, Suite 121A, Dallas, Texas 75201 spoke in favor of the request. It is the
desire of PrimeCo Communications to install equipment on as many existing structures as possible, thereby
elimmating additional cellular towers scattered across the landscape. Mr. Cothrum presented a slide show
indicating locations of various cell towers within the region. His company is willing to place the tower as close
to the center of the property as possible to still allow for future erection of the water tower However, final
location will be dependent upon approval of the City Engineer
Douglas Athas, 5221 N. O'Connor, Irving, Texas 75039 spoke in favor of the request. Mr. Athas
answered certain technical questions regarding the placement of the cellular tower.
With no one else speaking either for or against the request, Mayor Lilly closed the public hearing.
The small building on the property would house computers, back-up batteries, auxiliary equipment, and
an air conditioning unit comparable to a residential air conditioning unit There will be no lights on the tower.
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 16, 1997
PAGE 9
The water tower should be built in the next five year CIP and will be approximately 200' in height The Council
had concerns that PrimeCo did not present other existing options and was concerned regarding the word of the
Council not being upheld.
Due to the Staff receipt of a petition from the property owners within 200' of the site, a 3/4 vote of the
Council (6 affirmative votes out of 7) is necessary for approval.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmemher Powyszynski, the
Council voted six (6) for and one (1) opposed with Councilmember Thomas casting the negative
vote to confirm the Planning and Zoning Commission recommendation by a request from PrimeCo
Personal Communications, Inc. for a Specific Use Permit to allow a microwave tower located
south of McDermott Drive on Custer Road adjacent to the Custer Hill Addition. The motion
carried.
Council took a brief recess.
Aorm'nt a Connuittee to Study Need. Location and Financing of City Offices (Agenda Item XI)
City Manager Jon McCarty reviewed the need to consider a future City office building. Although certain
studies have been completed, the Mayor's Standing Committee requested that each Councilmember provide one
(1) name and an alternate to serve on a committee to study the needs, location and financing options to
accommodate future City office space. The Mayor's Committee will send a letter to the seven -member committee
with the charge and hopefully come back to the Council with recommendations within 90 to 120 days or sooner.
There was no other Council action taken on this item Council agreed with the process as presented.
Consider Appointment of an Alternate Judge for a Two -Year
Term Beginning January 1997 and Authorize the Mayor to Sign
a Professional Contract with the Alternate Municip.W Court Judge (Agenda Item XII)
The Mayor's Committee recommendation for an Alternate Municipal Court Judge is Cathy Haden.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to appoint Cathy Haden as Alternate Municipal
Court Judge for a two-year term beginning January 1997 through January 1999 and authorize the
Mayor to sign a professional contract with the Alternate Municipal Court Judge. The motion
carried.
Mayor Pro Tem Kerr removed himself from the room due to conflict of interest
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ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 16, 1997 PAGE 10
Review Alternate Site for Plano Fire Station #10 (Agenda Item XIII)
Fire Chief Ron Gentry reviewed information from the City of Plano regarding assistance in relocating Plano
Fire Station #10. Although the money value may need to be weighed, the City would like to continue discussions
with the City of Plano to obtain additional information regarding mutual assistance and possibilities in the future.
Council agreed the City would not pursue this particular option but would like to continue working with
other options in the future. There was no additional action taken by the Council.
Other Business (Agenda Item XIV)
Calendar (Agenda Item XIV -A)
February 3 Finance/Administration Standing Committee
February 15 Chamber Banquet
February 17 First day for candidates to file
February 25 & 26 Collin County Days
March 3 Finance/Administration Standing Committee
March 21 & 22 Spring Planning Session
Items of Interest (Agenda Item XIV -B)
There were no items of interest.
Construction Schedules (Agenda Item XIV -C)
George Comer, Director of Public Works, reviewed various roadway projects throughout the City
Bethany Drive West — ready to bid after resolution on Mrs Williams
Exchange Road — ready to bid
FM 2170 West — four (4) parcels needed for right-of-way
US 75 — will switch service roads on January 27 to one-way
Pavement painting and signs need to be handled on FM 2170 West and US 75
Upcoming TML Conferences (Agenda Item XIV -D)
February 3, 1997 - Legislative Update
February 20-21, 1997 - Leadership Conference
Discussion was held regarding attendance plans for various conference dates.
The regular Council meeting was recessed at 1041 p in. and Council reconvened into Executive Session
at 1045 p.m. on Thursday, January 16, 1997 in the Conference Room of the Allen Public Library
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 16, 1997
PAGE 11
Reconvene and Consider Action on Iterns D'. c ,. sed During Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 12:40 a.m. on Friday, January 17, 1997, in the
Council Chambers of the Allen Public Library There was no action taken on items discussed during Executive
Session.
(Agenda Item XVI)
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Terrell, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 12:42 a.m. on Friday, January 17, 1997 The motion carried.
These minutes approved on the 6th day of February , 1997
ATTEST:
dy M riana, CMC, CITY SECRETARY
1
APPROVED:
Kevin L. Lilly, MAYOR