Min - City Council - 1997 - 05/01 - RegularP
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 1, 1997
Stephen Terrell, Mayor
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Dave Powyszynski
Kenneth Fulk
Melissa Owen
City taff•
Jon McCarty, City Manager
Judy Morrison, City Secretary
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With a quomm of the Councilmembers present, dinner and the workshop session of the Allen City Council
was called to order by Mayor Terrell at 6:18 p.m, on Thursday, May 1, 1997, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
01&n Council Discussion
(Agenda Item II)
Newly appointed Councilmember Place No. 5 Kenneth Fulk stated that he appreciated the confidence of
the Council in his recent appointment to Place No 5
Council suggested the property next to Brazos Steak House should be maintained at a higher level especially
if the property belongs to the City
It was also suggested that a stop sign be placed at the entrance to the service road from the Brazos Steak
House/Hotel properties
Due to complaints regarding a resident's phone number being similar to the athletic hotline, this phone
number will be changed in the near future
The City Manager presented an update on the newly adopted parking ordinance. Over a dozen vehicles
have been tagged and three have been towed.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 1, 1997 PAGE 2
Discussion was held regarding preliminary property appraisals for the City of Allen showing a 28%
increase in estimated taxable values over 1996
Information was distributed regarding FM 2170 West construction costs The 1997 numbers are
significantly higher than the 1996 estimate This job will be going out to bid on June 1 and bids will be opened
in July Due to this high cost estimate, there is implication for the Alma Road project.
Council reminded Staff about the request for no parking signs along the 900 block of Rivercrest.
Discussion of Consent Agenda (Agenda Item III)
and Regular Agenda Items
There was no discussion on this Item
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 6:46 p.m. on Thursday, May 1, 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 Evaluation
Council Appointment Process
Staff Presentation on Ambulance Service
The Executive Session was recessed at 7:30 p.m.
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With a quorum of the Councdmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7:35 p.m. on Thursday, May 1, 1997 in the Council Chambers of the Allen Public
Library, Two Allen Civic Plaza, Allen, Texas
Administer Oath -of -Office and Present Certificate -of -Appointment (Agenda Item VI)
to Newly Appointed Member of the Allen City Council
City Secretary Judy Morrison administered the Oath -of -Office to newly appointed Councihnember Kenneth
Fulk, Place No 5 and Mayor Terrell presented a Certificate -of -Appointment to Mr. Falk and offered his
congratulations as a new Councilmember.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 1, 1997
PAGE 3
(Agenda Item VH)
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 approve and adopt all items on the
Consent Agenda as recommended and as follows
A. Approve Minutes of the April 17, 1997, Regular Meeting.
B. Approve Minutes of the April 24, 1997, Joint AISD/Council Meeting.
C. Declare a Vacancy on the Planning and Zoning Commission, Place No. 2.
D Adopt an Ordinance Allowing Recovery of Hazardous Material(s) Cost.
Ordinance No. 1493-5-97: An Ordinance of the City of Allen, Collin County, Texas,
Establishing that any party(les) responsible for a Hazardous Material(s) Incident Within
the City Shall be Liable for Costs Incurred by the City as a Result of that Incident;
Providing a Penalty Clause; Providing a Zoning Clause; Providing a Severability
Clause; and Providing an Effective Date.
E. Set June 5, 1997 as the Public Hearing Date on a Request to Establish Planned
Development Zoning with Shopping Center and Residential Uses.
F Authorize Execution of a Contract for an Engineering Consultant to Prepare
Preliminary Site Layout and a Boundary Survey of Proposed Pump Station #3 Site and
Authorize Budget for the Purchase of the Land.
City Council authorized City Manager Jon McCarty to execute a contract with Black
and Veatch to not exceed $12,600. The City Council set a new budget for the total
project of $265,000, from funds available in the water impact fees.
G. Authorize Execution of a Contract for an Engineering Consultant to Design a 24"
Water Main Along SH 5 and a Sanitary Sewer Replacement Main in Watson Street.
City Council authorized City Manager Jon McCarty to execute a contract with
Cummings and Pewitt, Inc., for $55,400 for engineering services of the two lines and
set a new budget of $730,000.
H. Authorize Execution of a Contract for an Engineering Consultant for the Pending
Update and Review of the Impact Fee Study
City Council authorized City Manager Jon McCarty to execute a contract with Hunter
Associates Texas, Ltd., for $15,500 for engineering services.
1. Approve Budget and Authorize Contracting with the Low Bidder for Paving of Main
Street, Coats and a Portion of High Meadow
E ALLEN CITY COUNCIL
REGULAR MEETING
E
MAY 1, 1997
PAGE 4
City Council authorized City Manager Jon McCarty to execute a contract with All Tex
for $156,941 and hold the budget at $174,000
Adopt an Ordinance Confirming the City Council's Action of April 17, 1997, to Attach
Permanent Zoning on 23.315 Acres of Land Situated in the Shadrick Jackson Survey,
Abstract No 489, City of Allen, Collin County, Texas; Further Described as Being
Located at the Southeast Comer of Custer Road and SH 121.
Ordinance No. 1494-5-97: 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 to
Corridor Commercial (CC) on the Following -Described Tract of Land: 23.315
Acres in Shadrick Jackson Survey, Abstract No. 489, City of Allen, Collin
County, Texas; Providing for Exhibit "A" Land Use Plan; and Exhibit "B" Legal
Description; Providing for a Penalty of Fine not to Exceed the Sum of Two
Thousand Dollars ($2000.00) for Each Offense; Providing for a Severability
Clause; and Providing for the Effective Date of Said Ordinance.
K Set May 15, 1997 as the Public Hearing Date for the Creation of Reinvestment
Zone #11.
L. Approve a Resolution Requesting that the Texas Department of Transportation
(TXDOT) Remove FM 2170 from the State System from Custer Road (FM 2478) to
SH 5.
Resolution No. 1495-5-97: A Resolution of the City of Allen, Collin County,
Texas, Requesting that a Portion of FM 2170, From Custer Road (FM 2478) to SH 5,
Through the City of Allen be Removed From the State Network of Farm to Market
Roads, and be Transferred to the City of Allen.
M. Approve Bills Associated with the 1985 and 1994 Capital Improvement Program.
I. River Valley Enterprises, Inc. (16" Water Line
on Exchange/US 75 to SH 5) $15,000.00
For: Change Order per Jon for additional work for Allen Station Park
Funding Source: 1995 Water Bonds
Period: April 29, 1997
2. Gay, McCall & Isaacks (FM 2170/US 75 to Custer Road) $2,550.00
For: ROW/United Methodist Church
Funding Source: Facility Agreement Watters Crossing
Period: April 2, 1997
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 1, 1997
PAGE 5
3.
Alpha Testing, Inc. (16" Water Line on Exchange/US 75 to SH 5)
$317.50
For Testing on April 15, 1997
Funding Source: 1995 Water Bonds
Period: April 29, 1997
4.
Alpha Testing, Inc. (Exchange Parkway/Watters to Alma)
$1,043.00
For: Testing for project
Funding Source: 1992 Street Bonds
Period: April 15, 1997
5.
Binkley & Barfield, Inc. (Exchange Parkway/Watters to Alma)
$1,100.00
For- Testing for project
Funding Source: 1992 Street Bonds
Period: April 15, 1997
6.
Concho Construction Co., Inc. (Exchange Parkway/
Watters to Alma)
$37,058.80
For Testing for project
Funding Source: 1992 Street Bonds
Period: April 30, 1997
7
Site Concrete, Inc. (Bethany Drive/Allen Heights to FM 2551)
$4,712.00
For Construction costs
Funding Source: 1985 Street Bonds
Period: April 25, 1997
8.
L.A. Sears Construction, Inc. (Bethany Drive/US 75 to BelAir)
$49.204.06
For: Payment #1
Funding Source: 1985 Street Bonds
Period: April 25, 1997
9.
GBW Engineers, Inc. (Fire Station #4)
$2,720.00
For: Contingencies
Funding Source: 1996 Bonds
Period: March 1 - March 31, 1997
10.
Jenco Wholesale Nurseries, Inc. (Animal Shelter)
$2,254.56
For Landscaping supplies
Funding Source: Animal Shelter Construction Funds
Period April 17, 1997
The motion carried.
End of Consent Agenda
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 1, 1997 PAGE 6
Council Committee Reports (Agenda Item VIII)
Services:
No Report
Development:
No Report
Finance/Administration:
Spring Planning
Mayor's Committee:
Current Council Agenda
Use of Joe Farmer Recreational Center
Compost Sites in the City of Allen
Infrastructure possibilities along US 75 and SH 121
Municipal Messenger Schedule
Citizen's Comments
There were no citizen's comments.
Public Hearing to Establish Planned Development Zoning
with Single-family Residential and Community Facilities
Uses on a 25.573 Acre Tract of Land Situated in the John
Huffman Survey, Abstract No. 416, City of Allen, Collin
County, Texas, Further Described as Being Located North
of Hedgcoxe Road and East of Custer Road as Requested
by Custer/Hedgcoxe L.L.C. and Tipton Engineerin¢
(Agenda Item IX)
(Agenda Item X)
Bill Petty, Director of Community Development, reviewed the request for the Custer Hills expansion.
A salvage yard is located to the east of this property and McDermott Ranch is located north of the property
This property is in the Plano Independent School District and consists of an abandoned air strip. The zoning
analysis indicates that the density exceeds the Comprehensive Plan allocation by twenty-six (26) units. In
order to meet the open space requirements of this tract, the proponent indicated that the adopted zoning
requires playground equipment and a trail system along with a basketball court but intends to include a
swimming pool and cabana in the open space area. The orientation of the school site will be to the collector
system not to Hedgcoxe. The following are findings of the Planning and Zoning Commission:
1. The request conforms with the existing PD 57
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 1, 1997 PAGE 7
2. The density is high, but appropriate in order to allow a proper flow of the existing
development.
3. The City is able to obtain open space contiguous within both developments (this request and
PD 57).
4 Given the unique shape of this property, the difficulty of flow with the existing PD was an
overriding factor.
5 Plano ISD has agreed to this site and purchased the property as a location for a school.
6. Access to the school will be through a collector street system.
Pat Atkins of Tipton Engineering indicated that Landstar, U.S. Homes, and Grand Homes have been
popular home builders in this area. The building elements will be similar to the contiguous site which is
presently being built. The house and lot sizes are similar to what was approved approximately a year ago.
George Conner, Director of Public Works, indicated the water line has been tied into the area but not
tested. It should be available within forty-five days, providing adequate water and pressure to this area.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Charles Fitzgerald questioned the use of this land next to the salvage yard
Mayor Terrell closed the public hearing.
Council questioned the density in this area. The proponent is asking for the same number of units that
would have been able to be built if the school site were not on this property The home sizes being presented
are approximately 2,200 square feet, a very attractive product and a well built product.
Council felt it needed to set a policy with regard to densities and what the City should look like in the
future. This will also be addressed through the update of the Comprehensive Plan.
MOTION: A motion was made by Councilmember Thomas to confirm Planning and Zoning
Commission's recommendation to establish Planned Development Zoning with single family
residential and community facility uses on a 25.573 Acre Tract of Land Situated in the John
Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas. The motion died
due to lack of a second.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk,
the Council, voted four (4) for and three (3) opposed with Mayor Terrell and Councilmembers
Thomas and Owen casting the negative votes to not confirm Planning and Zoning
Commission's recommendation to establish Planned Development Zoning with single family
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 1, 1997
PAGE 8
residential and community facility uses on a 25.573 Acre Tract of Land Situated in the John
Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas. The motion
carried.
Authorize the Allen Economic Development Corporation (Agenda Item XI)
(AFDC) to Enter into a Loan Agreement in the Amount
of $5 Million for the Purchase of 55.024 Acres of Property
David Pitstick, Director of Economic Development, reviewed the need to enter into a loan agreement
to purchase property for the Allen Economic Development Corporation. In 1992, the Allen community was
faced with significant challenges and in response to those challenges the citizens of Allen and City Council
created the Allen Economic Development Corporation. The Board of Directors made the decision to purchase
a 92 -acre tract of land now known as Millennium Technology Park. That park has been extremely successful
and is home to three of Allen's largest businesses valued in excess of Seventy-five Million Dollars
($75,000,000).
The Allen Economic Development Corporation Bond of Directors voted unanimously in April to
enter into negotiations with representatives to purchase a 55 -acre piece of property at the northwest corner
of US 75 and Bethany Road. In order to purchase the property, it is necessary that the Allen Economic
Development Corporation enter into a loan agreement to borrow up to Five Million Dollars ($5,000,000).
Bids were opened this week and American National Bank in Allen was selected from which to procure the
loan of Five Million Dollars ($5,000,000). Approximately Three Million Nine Hundred Thousand Dollars
($3,900,000) will be used for land purchase and One Million ($1,000,000) to relocate utilities. There is a
facilities agreement on this property and the Allen Economic Development Corporation will honor that
agreement. It intends to begin the infrastructure when the first piece of property is sold. The Allen Economic
Development Corporation chose Option 1 of the agreement which offers years one through five in interest
rate of 7 75 %. Beginning with years six and annually thereafter, the interest rate will adjust to be equal to
the prune rate as quoted in the Money Rate Section of the Wall Street Journal. There is no origination fee.
The board will retire the current debt prior to entering into the new agreement.
Watters Road will be developed simultaneously with the sale of the first tract of land.
Council questioned the direction of the Allen Economic Development Corporation Although they
have participated in land development at the present time, it is not their intent to compete with private
property owners. If private property owners were providing property at an appropriate price, the Allen
Economic Development Corporation would not be doing what it is doing today The real estate is not being
pledged as collateral on the property It would be predicated on the sales tax revenue only
A question arose regarding the use of Allen banks in this loan venture. It was suggested outside
additional banks might be considered to get the best possible interest. Discussion took place regarding the
payment of the debt if the Allen Economic Development Corporation no longer exists. The loan would be
paid off by the sales tax revenue.
Council was interested in the Board's view of what the west side of Allen would look like.
C
E
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 1, 1997
Resolution No. 1496-5-97(R): A Resolution of the
City of Allen, Collin County, Texas, Authorizing
and Approving a Loan From American National
Bank to the Allen Economic Development Corpora-
tion, to Fund the Purchase of Real Property;
Authorizing the Execution and Delivery of All
Necessary Loan Agreements and Other Related
Instruments; Approving the Proposed Purchase in
Concept and Expenditures to be Funded by such
Loan; Approving Certain Resolutions of the Allen
Economic Development Corporation; Making
Other Findings and Provisions Related to the
Subject; and Declaring an Effective Date.
PAGE 9
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 approve Resolution No. 1496-5-97(R)
as previously captioned. The motion carried.
Other Bu
Calendar
May 8 7:00 a.m.
June 17 8:00 a.m.
July 15 800 a.m.
Items of Interest
Canvass Elections
Services Committee Meeting
Services Committee Meeting
Council decided on June 19 for the Council photograph.
(Agenda Item XB)
Legislative Upstate
Assistant City Manager Michael Stanger presented information regarding the Police Polygraph Bill,
Municipal Validation Act, Municipal Judges, Open Meetings Act, and the FCC Authority
Newsletter Articles
City Secretary Judy Morrison reviewed the Municipal Messenger schedule and solicited additional
articles for the publication.
The regular Council meeting was recessed at 9:36 p.m. and Council reconvened into Executive
Session at 9:55 p.m. on Thursday, May 1, 1997, in the Conference Room of the Allen Public Library
�. ALLEN CITY COUNCIL
■9 REGULAR MEETING
MAY 1, 1997
Executive Session
PAGE 10
(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 reconvened
into Executive Session at 9,55 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza,
Allen, Texas in order to continue discussing matters pertaining to:
Personnel Evaluation
Council Appointment Process
Staff Presentation on Ambulance Service
The Executive Session was adjourned at 10:55 p.m.
Reconvene aad Consider Action on Items Discussed During Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 10:55 p.m. on Thursday, May 1, 1997, in
the Council Chambers of the Allen Public Library in order to report that the Interview Committee for the Keep
Allen Beautiful Board will consist of Councilmembers Thomas, Owen and Fulk. Councilmember
Powyszynski has been requested to discuss the invocation for the Council meetings with the Ministerial
Alliance and report back to the Council.
The Executive Session was adjourned at 10:56 p.m.
A ' rn (Agenda Item XIII)
MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember
Owen, the Council voted seven (7) for and none (0) opposed to adjourn the regular session
of the Allen City Council at 10:55 p.m. on Thursday, May 1, 1997 The motion carried.
These minutes approved on the 15th day of May , 1997
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
E `�-
Juc Mor ' on, CMC, CITY SECRETARY