Min - City Council - 1997 - 04/03 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 3, 1997
Kevin L. Lilly, Mayor
Lonnie Thomas
David Kerr, Mayor Pro Tem
Doug Gallagher
Dave Powyszynski (absent)
Steve Terrell
Melissa Owen
city Stag.
Jon McCarty, City Manager
Judy Morrison, City Secretary
1-13QQI 317\01)•4'10 R K-1;
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 6:30 p.m on Thursday, April 3, 1997, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
(Agenda Item In
The Senate Economic Development Subcommittee was to meet today but they had not yet met late this
afternoon. Two (2) substitute bills were received last night and only 60% of the items have been changed in
accordance with the wishes of the Coalition in the Economic Development bill. It may be necessary to try to "kill"
the bill on tax abatement due to lack of adjustment on it.
A memo was distributed regarding a response to information from the Town of Fairview about a zoning
case south of Stacy Road
Staff was encouraged to check on the light at SH 5 and FM 2170. It appears an adjustment has been made
causing traffic backup.
ALLEN CITY COUNCIL
WORKSHOP SESSION
APRIL 3, 1997 PAGE 2
Discussion of Consent Agenda
aad Rg&War Agenda Items (Agenda Item III)
Information was distributed and reviewed regarding Agenda Item XII, Approve Specifications, Project
Budget and Authorize Solicitation of Bids for Construction of Phase I of Allen Station Park.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 6:50 p.m. on Thursday, April 3, 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 6:55 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen,
Texas in order to discuss matters pertaining to personnel evaluations, selection updates and agreement.
The Executive Session was recessed at 7:25 p.m.
REGULAR SESSION - 7:30 P.M.
With a quorum of the CouncilAiembers present, the regular session of the Allen City Council was
reconvened by Mayor Lilly at 7:33 p.m. on Thursday, April 3, 1997 in the Council Chambers of the Allen Public
Library, Two Allen Civic Plaza, Allen, Texas
CONSENT AGENDA (Agenda Item Vf)
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the
Council voted five (5) 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 March 20, 1997, Regular Meeting.
B. Approve Minutes of the March 21, 1997, Spring Planning Session.
C. Adopt an Ordinance Continuing the City Council's Action of March 20, 1997, to Amend
Planned Development No. 31 by Expanding Its Geographic Limits and to Establish Zoning
of Community Facilities Uses on Tract 1, Local Retail Uses on Tract 2A and Single
Family (R-2) on Tract 2B.
Ordinance No. 1485-4-97: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, to
Amend Flood Plain -Planned Development No. 31 (FP -PD No. 31) by Amending the Land
Use Plan and Increasing Its Geographic Limits on the Following -Described Tract of Land:
22.738 Acres of Land Located in the Josh Butler Survey, Abstract No. 47, Alfred Slack
Survey, Abstract No. 854, and Joseph Wilcox Survey, Abstract 1017, City of Allen,
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j REGULAR SESSION
APRIL 3, 1997 PAGE 3
Collin County, Texas; Providing for Exhibit "I" Land Use Plan; Providing for Exhibit "I"
Area and Use Regulations; Providing for Exhibit "K" Legal Description; Providing for
a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each
Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said
Ordinance.
D Adopt an Ordinance Continuing the City Council's Action of March 20, 1997, to Attach
Permanent Zoning on 5.23 Acres of Land Located in the George W Ford Survey,
Abstract No. 328, Situated in the City of Allen, Collin County, Texas; Further Described
as Being Located at the Southwest Corner of Park Place and South Allen Heights Drive.
Ordinance No. 14864-97: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96 As Previously Amended to
Change the Zoning from Agriculture -Open Space (A -O) to Planned Development No. 60
(PI) No. 60) on the Following -Described Tract of Land: 5.2281 Acres of Land located
in the George W Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas,
Providing for Exhibit "A" Land Use Plan, Area and Use Regulation, and Legal
Description; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand
Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing
for the Effective Date of Said Ordinance.
E. Adopt an Ordinance Changing the Name of Suncreek Boulevard to Suncreek Drive
Ordinance No. 1457-497: An Ordinance of the City of Allen, Collin County, Texas,
Changing the Name to Suncreek Boulevard to "Suncrcek Drive"; Amending All
Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an Effective
Date.
Adopt an Ordinance Establishing the "Keep Allen Beautiful Board" for the Purpose of
Assisting the City Council and City Staff to Help Keep our City Clean and Beautiful.
Ordinance No. 14884-97: An Ordinance of the City of Allen, Collin County, Texas,
Establishing a "Keep Allen Beautiful Board" for the Purpose of Assisting the City Council
and the City Staff in Establishing a City -Wide Policy for Decreasing the Amount of Loose
Refuse in the City and to Assist in the Development of Beautification Programs for the
Community as Needed; Providing the Membership at Seven (7); Providing the
Qualification of the Members; Providing the Officers to the Board; Establishing the
Powers and Duties of the Board; and Providing for an Effective Date.
G. Receive Certification From City Secretary Declaring an Unopposed Council Race and
Approve Ordinance Canceling the May 3, 1997 City Council Election
Ordinance No. 1489A-97: An Ordinance of the City Council of the City of Allen, Collin
County, Texas, Canceling the Election Scheduled to be Held May 3, 1997, for the Purpose
of Electing Three (3) Members, (Place Nos. 1, 3, and 5), to the City Council; Declaring
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APRIL 3, 1997 PAGE 4
Each Unopposed Candidate Elected to Office; Ordering the Posting of this Ordinance at
City Hall and at the Allen Public Library Polling Place on Election Day; Providing a
Severability Clause; and Declaring an Effective Date.
H. Approve a Resolution on an Interlocal Agreement With Collin County to Provide County
Bond Funds for FM 2170 West Construction.
Resolution No. 14904-97(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Entering into an Interlocal Agreement with Collin County for
Construction of McDermott Road Between Custer (FM 2478) and US 75
1. Set May 1, 1997 as the Public Hearing Date on a Request to Establish Planned
Development Zoning With Single -Family Residential and Community Facilities Uses on
a 25.573 -Acre Tract of Land Described as Being Located North of Hedgcoxe Road and
East of Custer.
J. Tat Report
K. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows:
1. Huitt-Zollars (Cedar Connector for ASP) $14,636.74
For: Design Phase
Funding Source: 1994 Park Bonds
Period: thio March 20, 1997
2. JRJ Paving, Inc. (Asphalt Overlay, Total Reconstruction) $6,930.50
For: Retainage for Construction on Anna & Boyd Paving Project
Funding Source: 1994 Street Bond Funds
Period: March 26, 1997
3. Site Concrete, Inc. (Bethany Drive - Allen His. to FM 2551) $148,491.65
For: Construction Costs
Funding Source: 1985 Street Bond Funds
Period: thou March 25, 1997
4. Site Concrete, Inc. (18" Water Line to Bethany Lakes Park) $712.50
For: Construction Costs for Project Water
Funding Source: 1995 Water/Sewer Bonds
Period thin March 25, 1997
5. Milstead Appraisal Company (FM 2170 - US 75 to Custer) $5,250.00
For: Purchase of ROW
Funding Source: Facility Agreement - Watters Crossing
Period: March 27. 1997
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APRIL 3, 1997
PAGE 5
6.
Board of Church Extension of the North Texas Conference
of the United Methodist Church (FM 2170 - US 75 to Custer)
$19,719.00
For: Purchase of ROW
Funding Source: Facility Agreement Watters Crossing
Period: Much 27, 1997
7
Evergreen Funding Corp.
(Asphalt Alley Replacement w/Concrete)
$28,537.20
For: Asphalt Alley Replacement 16-3
Fundmg Source: 1994 Street Bonds
Period: April 1, 1997
8.
River Valley Enterprises, Inc. (16" Water Line on Exchange)
$35,264.49
For: Pay Estimate #5
Funding Source: 1995 Water Bonds
Period: March 25, 1997
9
Advance Tank & Construction
(Ground Storage Tank @ Stacy)
$67,678.00
For Construction Costs for Project
Funding Source: Water Impact Fees
Period: thru April 2, 1997
The motion carried.
End of Consent Aeenda
Council Committee Rep rQ (Agenda Item VII)
Services:
No Report
Finance/Administration:
No Report
Development:
No Report
Mayor's:
Current Council Agenda
Vehicles Located in Thoroughfares throughout the City
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APRIL 3, 1997 PAGE 6
Roadway Development/Right-Of-Way
Coalition for Community and Economic Development
Exchange Road and SH 121 Overpass Alignment
Anderson School Right -Of -Way for Roadway
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Administer Oath -of -Office and (Agenda Item IR)
Presentation of Certificate -of -Appointment
City Secretary Judy Morrison administered the Oath -of --Office to newly appointed Library Board Member
Rhonda Grigg, Place No. 4. Expiration of this term is September 30, 1998.
Mayor Lilly presented the Certificate -of -Appointment to Rhonda Grigg and offered congratulations to her.
Mayor Lilly Presented a Special Message (Agenda Item Jq
to the Council. Staff and the Citizens Of Allen
"I would first like to thank each and everyone present tonight for being here. It is extremely difficult in
this busy world today to be present at every function one is invited to and I know each of you have had to
make a special effort to be here tonight. I will long remember each of you for making that special effort
Allen, Texas has been my family's home since 1977 Tonight is one of the most difficult evenings of my
entire time in this community Over the years I never thought that I would be leaving this City However,
I am announcing that Jeaneane and I have made the decision to become McDonald's owner/operators and
are in the process of purchasing our very own McDonald's restaurant in East Texas. It has always been
a dream of mine to own my own McDonald's. Opportunities like this one only present themselves very
rarely I want each of you to know that this decision was not made hastily nor was it made without a
tremendous amount of consideration of the Allen community 1 must tell each of you this decision was
made in consideration of my family and our long term security for the future.
Allen has and will always be imbedded in each one of the Lilly family All three of our children started
and graduated from the Allen school system. Melody, Marisa, and Marc, all present here tonight, are
testaments to the high quality education system that we enjoy and benefit from in this community The
AISD has always been and will always be one of the best, if not the best, school districts in this state. My
sincere thanks to a dedicated Board of Trustees and faculty for keeping this community one step ahead and
always keeping kids first.
As many of you know, the Allen Chamber of Commerce has always been an integral part of this
community As past president and honoree of the Chamber for 1995, I would like to express my thanks
to the Board of Directors and the entire membership for their continued support since I was elected in
1991. A very special thanks to Dana McGowan for her continued support as the Executive Director of the
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REGULAR SESSION
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Allen Chamber and also as my campaign coordinator over the years. 'Dana, you have always been special
to Jeaneane and me.'
I would like to thank each and everyone of the Chairs and Members of our Boards and Commissions. The
Council and the City staff could not accomplish what it does without your tireless dedication to this
community I am continually motivated by your diligence and also your willingness to attack the
challenges of the future.
The Allen community is extremely blessed to have one of the best City staffs around. As a Councilmember
since 1991, Mayor Pro Tem from 1992 to 1995, and Mayor since 1996, I would like to thank each of you
for your outstanding work. Never has there been a time that there has been any hesitation to answer or
provide information on any question or citizen problem. I would like to thank you for your support and
also convey my appreciation for the excellentjob that each of you do.
'Judy Morrison — I have to say I don't know what I would have done without your consistent and always
precise guidance. Always patient and always supportive, I can't express to you how much I appreciate
what you have done for me over the years. Thank you so much and let me say the City of Allen is
extremely fortunate to have a City Secretary of your caliber.'
As we all look around at other communities, the success of those successful cities each have an extremely
dynamic and professional City Manager. We are fortunate to have one of the best City Manager's around.
Allen has only had one City Manager and that person is Jon McCarty 'Jon — thank you for you 17 years
of service and thank you for all your assistance and willingness to make Allen one of the most dynamic
communities in North Texas.' Let the record show the financial stability and economic vitality that we
enjoy in the City of Allen is due to the diligence of our City Manager.
In closing, I would like to thank the members of the Allen City Council that I have had the pleasure of
serving with since 1991. Before one is elected to the Council, the scope of the office seems extremely
easy. Once serving on the Council, it does not take long to determine that the time commitment is greater
than expected. Allen is fortunate that we have had and do have a group of very dedicated individuals that
are willing to serve this community It has definitely been a privilege and an honor to serve with each one
of you.
Finally, and by no means last, I would like to thank the citizens of Allen for the honor to serve and
represent each of you over the last six (6) years. I have always been extremely proud to boast that I
represented the Allen community Whether that presence was before the Texas Transportation Commission
when requesting more funding, testifying in front of the House or Senate Committees on Economic
Development, making a presentation to prospective commercial industrial users looking for a location in
this community or trying to convince a home improvement company to locate to this town, it has always
been enjoyable and exciting to be a part of the dynamic growth of Allen, Texas. Thanks for the
opportunity to let me try to make a difference. Allen is definitely a City that will be recognized as one of
the most outstanding communities in the Metroplex to live and do business. Serving this community has
surely been a pleasure. Lastly, without the support of my family and my personal friends, especially my
parents, my kids and my wife, the success I have enjoyed would not have been possible. I holy appreciate
your willingness to let me serve the Allen community
' ALLEN CITY COUNCIL
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APRIL 3, 1997 PAGE 8
Ladies and Gentlemen—I will deliver my letter of resignation as the Mayor of Allen to the City Secretary
for Council action at the next regular Council meeting. It has truly been an honor to serve each and every
one of you. Allen is a great place to live and do business!
Thank You!"
Council took a brief recess.
Approve Specifications, Project Budget
and Solicitation of Bids for Fire Station#4 (Agenda Item XI)
Fire Chief Ron Gentry introduced Ron Hobbs, Architect, who reviewed Fire Station#4. A site adaption
has been completed for Fire Station#4 of the plans from Fire Station #3. The site preparation is minimal and
almost identical to the Fire Station #3 site. There will also be very minor modifications to the inside of the
building. This building does not have an air compressor which will save approximately $35,000. The roof
construction will also save a considerable amount on the original project.
Council discussed the choice of colors and the gable of the roof. The plan was presented to the
homeowners of the area who were pleased with the construction documents. The gable will make the building look
larger although it is not any taller than the homes in the immediate area. Council asked that a left turn lane be
considered into the Fire Station to enhance the truck traffic. The building will be completed in December.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the
Council voted five(5) for and none (0) opposed to authorize staff to approve specifications, project
budget and solicitation of bids for Fire Station #4 in accordance with staff and Services Standing
Committee recommendation. The motion carried.
Approve Specification, Project Budget
and Authorize Solicitation of Bids for
Construction of Phase I of Allen Station Park (Agenda Item XII)
Sheila Condon with Clark Condon Associates reviewed Allen Station Park Phase I. Aubrey Adcock then
discussed the design of the roads. He also informed the Council that according to ASHTO design guidelines,
roadways within a park system are unique because they are a part of the recreational experience and are intended
to protect and enhance the recreational site.
Larry Cothran reviewed the Traffic Demand Analysis Assumptions especially looking at the high school
trips during peak traffic hours. Those peak hours would be in the morning and in the evening — from the south
a total of 554 trips and from the north a total of 378 trips. City of Allen Level of Service C allows for 450 trips
per lane per hour; Level D provides for 700 trips per lane per hour. The two lanes designed will be sufficient in
the year 2010 for traffic in the City of Allen. Although it is slightly higher than the Level C desired, it does not
need a four-lane roadway.
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Discussion was held regarding the design of the roadway and the approximate 20 mph speed limit on that
park road. The intent of the road needs to be one of the points to be considered whether it needs to be a park road
or a thoroughfare. CASPER (City and School Planning for Education and Recreation) and the Parks Board feel
that the main use of the road is to enjoy the park, use the park road and consider the environment. For a
thoroughfare, the road should be actually a longer roadway not just between two major streets. Robin Sedlacek
spoke before the Council and questioned the Traffic Study at peak hours and requested a decision on the park
understanding that the road is going to be a difficult decision for the Council to make.
Council requested the additional cost for the various roadway widths
27'
— $2.5 Million
31'
— $2.8 Million
37'
— $3.1 Million
45'
— $3.5 Million
Discussion was held regarding hike -and -bike trails and the use of an alternate transportation plan.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted four (4) for and one (1) opposed with Mayor Pro Tem Kerr casting the negative vote,
to approve the bid specifications, drawing and budget for the construction of Allen Station Park
Phase I including authorization to accept bids for the construction of Phase I to include the 27'
roadway as presently designed meandering through the park, to include the entire roadway, and to
include the three (3) alternates for a budget of $7.2 million and to request from the Allen Community
Development Corporation (ACDC) an escalated funding to include $2.6 million. The motion carried.
Mayor Pro Tem Kerr indicated his opposition was due to his feeling the roadway has been under designed;
however, he is in full support of the Allen Station Park Project.
When bids come in and if there is any extra money, the City will be looking at expanding the parking in
the soccer field area.
Council took a brief recess.
Set a Date for Spring Planning Session Follow -Up (Agenda Item XIm
The City Council held its Spring Planning Session on March 21. It was felt at that time a follow-up
workshop would be necessary to look into the future and to establish vision goals and outcomes for the City
projects. Council set a workshop for Spring Planning Culmination, April 29, 1997, from 6 to 10 p.m. in the
Council Chambers of the Allen Public Library
NOTE, Councilmember Terrell arrived at the meeting and took his place on the Council bench.
I
1,
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Consider a Policy for the City's Cable TV Channel (Agenda Item XIV)
Michael Stanger, Assistant City Manager, reviewed the proposed Cable TV Channel Policy The mission
is to show TV programs for the educational, cultural, civic, and recreational needs and interests of the people of
Allen. The programs will keep the citizens informed of governmental, educational, and community events and
issues to entertain or to foster community spirit and identity The policy provides that programs not produced by
or under the auspices of the City meet all the criteria for programming content and quality that apply to our
programs that will be considered for broadcast. The Telecom Board will review the policy on an annual basis for
necessary updates.
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council
voted six (6) for and none (0) opposed to adopt the policy for the Allen Municipal Television
Network in accordance with recommendations by the Cable TV & Telecommunications Advisory
Committee and Finance/Administration Standing Committee. The motion carried.
Approve the 1996-97 Fiscal Year Budget Calendar (Agenda Item XV)
The Allen City Council reviewed the Council Budget Calendar for the fiscal year 1997-1998
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council
voted six (6) for and none (0) opposed to approve the Council Budget Calendar for fiscal year 1997-
1998. The motion carried.
Consider an Ordinance Prohibiting Parking of Vehicles,
for the Purpose of Sale. Near or Adjacent tofor the Purpose of Sale. Near or Adjacent to Thoroughfares
(Agenda Item XVI)
Council was informed that staff would need to prepare enforcement vehicles of this ordinance which would
take a couple of weeks. However, after discussion regarding the enforcement of this ordinance and further
consideration, staff was asked to investigate the exclusion of residential areas with regard to the parking of vehicles
for sale.
MOTION: Upon a motion trade by Councilmember Gallagher and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to table Agenda Item XVI, Consider an Ordinance
Prohibiting Parking of Vehicles for the Purpose of Sale, Near or Adjacent to Thoroughfares. The
motion carried.
Other Bn. sines
Legislative Report
(Agenda Item XVII)
(Agenda Item XVII -A)
Assistant City Manager Michael Stanger reviewed Senate Bill 308 and requested the Mayor to send a letter
to Representative Jerry Madden regarding the Open Meetings Staff Report.
Calendar
April 8
April 19
April 20
7:00 p.m. Triad Meeting
Collin County Walk For Parks
2:00 p.m. Fire Station q3 Grand Opening
(Agenda Item XVII -B)
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April 24 6:00 p.m. Joint AISD/Council Meeting
April 29 6-10 p.m. Spring Planning Workshop - Council Chambers of the Allen Public Library
Items of Interest (Agenda Item XVII -C)
There were no items of interest.
The regular Council meeting was recessed at 11:07 p.m. and Council reconvened into Executive Session
at 11.15 p.m. on Thursday, April 3, 1997 in the Conference Room of the Allen Public Library.
Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item IV)
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to accept the agreement between the City of Allen
and Police Chief Richard Carroll and authorize the Mayor to execute the personnel agreement. The
motion carried.
The Allen City Council reconvened into regular session at 12:30 a.m. on Friday, April 4, 1997 in the
Council Chambers of the Allen Public Library
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council
voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at
12:32 a.m. on Friday, April 4, 1997 The motion carried.
These minutes approved on the1 il_ day of Aoril , 1997
APPROVED:
David Kerr, MAYOR PRO TEM
ATTEST:
yMo ' on, CMC, CITY SECRETARY