Min - City Council - 1997 - 06/19 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997
Present:
Stephen Terrell, Mayor
Councilmemben:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Dave Powyszynski
Kenneth Fulk
Melissa Owen
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:15 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 Terrell at 6:15 p.m. on Thursday, June 19, 1997, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Open Council Discussion
(Agenda Item m
Ministerial Alliance - Discussion was held regarding the scheduling of the various members of the
Ministerial Alliance to be present for each Council Meeting to present an Invocation. The Alliance will be
forwarding information to the City and the Council will establish guidelines to present to the Ministerial
Alliance. Father Morris with St. Jude Catholic Church will be the contact person at the present time
Chuck Jestis with the Allen Police Department provided a demonstration of Argus, the new police dog
for the K-9 Unit Program. Chuck Jesus is a canine hander and indicated the dog is very social and loves
people. The dog searched out various drug lays and provided a demonstration of combat with the enemy
Information was provided to the Council regarding an updated Standing Committee Assignment
Program. Council was asked to provide any additional information to the City Manager prior to final approval.
Discussion was held regarding the second point of access to Anderson Elementary School. It appears
negotiations have broken off between Allen Independent School District (AISD) and the developer. The City
of Allen will be working with AISD with regard to this situation.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997 PAGE 2
Discussion was held regarding ball fields in the City of Allen. Apparently communication issues still
need to be upgraded. It appears some damage has been done to various fields due to play when they were too
wet. It is the City's call whether play takes place on the fields and that policy needs to be reviewed.
Repairs have been taking place at the Recreation Center and various orders have been placed for other
repair items. Upgrades to the Recreation Center area include: sod, drainage, trellis, etc.
Community Waste Development (CWD) is preparing information to be distributed to all the citizens of
Allen with the correct customer service telephone number and schedule.
A preliminary bond resolution was distributed to Council. This information will be coming forward at
the regular meeting on July 3
Council recessed at 7:05 p.m. for official photographs.
Discussion of Consent Agenda
and Reeular Aeenda Items
(Agenda Item III)
There was no discussion held regarding the Consent Agenda.
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 7:21 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/Response
The Executive Session was recessed at 7:28 p in
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 Terrell at 7:30 p.m. on Thursday, June 19, 1997, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas
CONSENT AGENDA (Agenda Item VI)
Councilmember Thomas stepped down from the Council bench due to a conflict of interest.
�* MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Powyszynski,
the Council voted six (6) 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 June 5, 1997, Regular Meeting.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997 PAGE 3
B. Adopt Ordinance Updating the Code of Ordinances for the City of Allen
Ordinance No. 1504-6-97: An Ordinance of the City of Allen, Collin County, Texas,
Adopting and Enacting Supplement Numbers 8 and 9 to the Code of Ordinances for the
City of Allen; Providing a Severability Clause; Providing a Penalty for Such Violation
Thereof; and Providing When Such Supplements and this Ordinance Shall Become
Effective.
C. Approve Site Plan for Allen Civic Complex to Include a Temporary Building for a Two Year
Period.
D Authorize Execution of a Contract with the Low Bidder for the Construction of Cedar Drive
and Station Park Drive and Approve the Constmction Budget.
City Council authorized City Manager Jon McCarty to execute a contract with the low bidder,
Ed Bell Construction, in the amount of $2,028,770.05 and approve the budget for the
construction of Cedar Drive, Station Park Drive and the improvements to Cedar Drive from
Main Street to St. Mary's Park.
Engineering $199,920.00
Easement Acquisition $75,600.00
Construction Cost $2,028,770.05
Contingency $255,134.55
Materials Testing 40 575.40
PROJECT TOTAL $2,600,000.00
E. Confirm Action of Sign Control Board to Deny Variance Requested by Greenway/Albertson
for an Additional Class 5 Multi -Use Sign at 25 Feet in Height and 150 Square Feet in Size.
Tax Report.
G. Set July 17, 1997, as a Public Hearing Date to Establish Shopping Center Zoning for a 13.696
Acre Tract of Land in the Michael See Survey, Abstract No. 543; Further Described as Being
Located at the Southwest Corner of McDermott Drive and Watters Road
H. Approve Bills Associated with the 1985 and 1994 Capital Improvement Program.
1. Alpha Testing, Inc. [Bethany Drive (US 75 to BelAir)] $260.00
For: Invoice #18728
Funding Source: 1985 Street Bonds
Period* May 31, 1997
S'¢
2. Clark Condon Associates (Allen Station Park) $22,409.57
For: Allen Station Park Basic Services
Funding Source 1994 Park Bonds
Period: thru May 31, 1997
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997
PAGE 4
3.
Black & Veatch (Pump Station and Ground Storage/
$500.00
NW Quadrant of City)
For: Preliminary Engineering Lay Out of Proposed Pump Station #3
Funding Source: Water Impact Fees
Period: Services thin May 23, 1997
4.
Harte Hanks Community Newspaper, Inc.
$47.25
[FM 2170 (US 75 to Custer Rd.)]
For: Advertising of McDermott West Bid
Funding Source. Facility Agreement Watters Crossing
Period, May 31, 1997
5.
Huitt-Zollars (Cedar Drive)
$31,791.54
For: Design Phase
Funding Source: 1994 Park Bonds (Interest Earned)
Period: thin June 9, 1997
6.
David C. Baldwin, Inc. (Neighborhood Park Renovations)
$1,342.18
For. Park and Playground Planning Services
Funding Source: 1994 Park Bonds
Period: thin April 2, 1997
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Blair Graphics (Allen Station Park)
$469.20
For: Allen Station Park Basic Services
Funding Source: 1994 Park Bonds
Period: thin lune 12, 1997
8.
Black & Veatch (Ground Storage Tank at Stacy Road)
$500.00
For: Invoice #034509010050949
Funding Source: Water Impact Fees
Period thru June 4, 1997
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Binkley & Barfield, Inc. [Exchange Parkway (Watters to Alma)]
$500.00
For: Invoice #6914
Funding Source: 1992 Street Bonds
Period: June 3, 1997
10.
Buckley & Barfield, Inc. [Bethany Drive (US 75 to BelAir)]
$500.00
For: Invoice #6915
Funding Source 1985 Street Bonds
Period: June 1997
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H-GAC (Fire Station #4) $235,917.00
For: Contingencies
Funding Source: 1996 Bonds
Period: May 28, 1997
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997 PAGE 5
12. Gay, McCall & Isaacks [FM 2710 (US 75 to Custer Road)] $155.00
For: Judgment Letter Preparation
Funding Source: Facility Agreement Watters Crossing
Period: June 4, 1997
The motion carried
Councilmember Thomas returned to the Council bench.
End of Consent Agenda
Council Committee Reports (Agenda Item VII)
Services:
• Update on Fire Station #4 and Ambulance, Grass Tmck, and Fire Truck
• Update on Canme Program
• New Radio Communication System
• Library Interlocal Agreement Update
• Community Development Corporation
• Update on Neighborhood Parks
• Gun Range Site
Development:
• DensityRQoort - Planning and Zoning Commission and Staff needs to be involved on this issue
• Proposed Bike Plan
• Work Program
Finance/Administration:
• No Report
Mayor's Committee:
• Review Current Council Agenda
• Economic Development Activity
• Standing Committee Assignments
• Update on Anderson School Road Access - Citizen Appearance request from Kim Plainer, 1505
Quail Run, Allen, Texas
Citizen's Comments
There were no citizen's comments.
(Agenda Item VIII)
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ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997 PAGE 6
Introduction of Mr. Don Horton, CLP, new (Agenda Item IX)
Director of Parks and Recreation Department for
the City of Allen
City Manager Jon McCarty introduced Don Horton, the new Director of Parks and Recreation for the
City of Allen Mr. Horton briefly reviewed his background in the Parks field and indicated that he was happy
to be a part of the new community of Allen.
Administer Oathsof-Office and Present Certificates- (Agenda Item X)
of -Appointment to New Members of the Newly
Formed "Keep Allen Beautiful Board" and
Certification -of -Appointment to Newly Appointed
Planning and Zoning Commission Member
City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed
members of the "Keep Allen Beautiful Board"
Mayor Terrell presented the Keep Allen Beautiful Board Members and the newly appointed Planning
and Zoning Commission member, Mark Pacheco, a Certificate -of -Appointment certifying their new position
and expressed a welcome and a sincere thanks to the members who are serving their community
Presentation by Mike Sims, Council of Govern-
ments, Regarding the Bikeways Technical Assistance
(Agenda Item XI)
Community Development Director Bill Petty introduced Mike Suns of the North Central Texas
Council of Governments (NCTCOG). In September 1995, the NCTCOG completed the bike ways technical
assistance project. The NCTCOG sees the bicycle as a mode of transportation to alleviate various pitfalls of
our vehicular mode. The plan used Allen's land use and the basic population estimates and traffic conditions.
Certain streets were considered as on -road or added -lane roadways as well as greenbelt areas.
This was an information item only with no action being taken by Council.
Expiration Date
Place No.
I -
Sandra Sanders
September 30, 1999
Place No.
2 -
Heidi Smalley
September 30, 1998
Place No.
3 -
Sherry Johnson
September 30, 1999
Place No.
4 -
Patricia Buckley
September 30, 1998
Place No.
5 -
Lonnie Simmons
September 30, 1999
Place No.
6 -
Melissa Owen
September 30, 1998
Place No.
7 -
Phillip Lakin, Jr.
September 30, 1999
Mayor Terrell presented the Keep Allen Beautiful Board Members and the newly appointed Planning
and Zoning Commission member, Mark Pacheco, a Certificate -of -Appointment certifying their new position
and expressed a welcome and a sincere thanks to the members who are serving their community
Presentation by Mike Sims, Council of Govern-
ments, Regarding the Bikeways Technical Assistance
(Agenda Item XI)
Community Development Director Bill Petty introduced Mike Suns of the North Central Texas
Council of Governments (NCTCOG). In September 1995, the NCTCOG completed the bike ways technical
assistance project. The NCTCOG sees the bicycle as a mode of transportation to alleviate various pitfalls of
our vehicular mode. The plan used Allen's land use and the basic population estimates and traffic conditions.
Certain streets were considered as on -road or added -lane roadways as well as greenbelt areas.
This was an information item only with no action being taken by Council.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997
PAGE 7
Public Hearing to Establish Planned Development (Agenda Item 7HI)
Zoning with Shopping Center and Residential Uses
on a 57.703 Acre Tract of Land Located in the J. J.
Miller Survey, Abstract No. 609, City of Allen,
Colin County, Texas; Further Described as Being
Located at the Southeast Corner of Stacy Road and
Malone Road as Requested by Dan Tomlin III
Community Development Director Bill Petty reviewed the request to establish Planned Development
Zoning with Shopping Center and Residential Uses on a 57 703 Acre Tract of Land Located in the J. J Miller
Survey Goodman Road is an access easement on the eastern portion of this property and provides access to
the Fainneadow Addition. There is a maximum of 139 lots proposed for the residential, which translates into
3.0 dwelling units per acre. The right-of-way for Malone Road is being increased to 120' to allow for the
construction of a major thoroughfare. A zoning analysis indicates that the proposed density exceeds the
Comprehensive Plan allocation by 40 dwelling units.
Mr. Robert Porter of Cummings & Pewitt spoke before the Council on behalf of Tomlin reviewing the
request
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Mr. Fred Simonsen, 731 River Oaks Drive, Fairview, Texas, did not speak before the Council but
requested his opposition to the request be recorded due to the density
S. Breiseth, 661 E. Meandering Way, Fairview, Texas, on behalf of the Town of Fairview spoke in
opposition to the request for the following issues: 1) density; 2) commercial is directly across from one -acre
residential in Fairview; and, 3) school issues
Mr. Gene Scott, 1804 Green Acre Circle, Allen, Texas, spoke in support of the density, open space
area, and roadway improvements, but has concern regarding the commercial location.
Councilmember Gallagher stepped down from the bench due to a previous engagement
Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted four (4) for and two (2) opposed with Mayor Pro Tem Kerr and Councilmember
Folk casting the negative votes to confirm the Planning and Zoning Commission's
recommendation to establish Planned Development Zoning with Shopping Center and
Residential Uses on a 57 703 Acre Tract of Land Located in the J. J Miller Survey The
motion carried.
Public Hearing on a Request to Establish (Agenda Item XIII)
Reinvestment Zone #12 to Support a New Facility in
Allen and Adopt an Ordinance Implementing
Reinvestment Zone #12
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997 PAGE 8
Economic Development Director David Pitstick presented background information to the Council
regarding Reinvestment Zone #12. On May 28, 1997, the Allen Economic Development Corporation (AEDC)
Board of Directors unanimously recommended a 40% tax abatement on real property each year for ten years
to support a new 80,000 square foot office building to be occupied by Peerless Incorporated in Allen, located
south of the existing Experian facility or at the northeast comer of Ridgemont Road and US 75. The estimated
value of the budding is $4 million which will be subject to the proposed property tax abatement. The personal
property is estimated to be approximately $2 million of which will not be subject to the property tax
abatement.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
With no one speaking either for or against the request, Mayor Terrell closed the public hearing.
Mr. David Nobel with Trammell Crow reviewed the projected model of the building. Mr. Gary
Austin with Peerless presented background information regarding the Peerless Company
It is expected that completion of the building will take place by February 1, 1998. Peerless has signed
a 15 -year lease on the building.
Ordinance No. 1505-6-97: An Ordinance of the City
of Allen, Collin County, Texas, Designating a Certain
Area as an Industrial Reinvestment Zone; Providing
for the Establishment of Agreements within the Zone,
and Other Matters Relating Thereto; Providing
Findings of Fact; Providing a Severability Clause; and
Providing an Effective Date for the Commencement
of the Reinvestment Zone and this Ordinance.
MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Powyszynski,
the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1505-6-97 as
previously captioned in accordance with the Allen Economic Development Corporation Board
of Directors' recommendation. The motion carried.
Council took a brief recess.
First Reading of Ordinance Extending the Present (Agenda Item XIV)
Franchise Agreement for Local Telephone Service
with Southwestern Bell Telephone Company
Assistant City Manager Michael Stanger provided background information regarding the franchise
agreement for local telephone services. This ordinance will be reviewed by the Finance/Administration
Standing Committee prior to the second and third readings.
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ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997
Ordinance No. 1506-6-97: An Ordinance of the City
of Allen, Texas, Amending Ordinance No. 1115-6-92
to Amend Section 4 Term to Extend the City
Franchise with Southwestern Bell Telephone
Company for One Year; and by Amending Section
16 to Add Certain Termination Rights; Providing a
Severability Clause; Providing a Repealing Clause;
Providing for Written Acceptance of this Ordinance
by the Telephone Company; and Providing for an
Effective Date.
PAGE 9
MOTION: Upon a motion made by Counc lmember Powyszynski and a second by Councilmember Owen,
the Council voted five (5) for and none (0) opposed (with Mayor Pro Tem Kerr out of the room
during the vote) to pass on to the second reading of Ordinance No 1506-6-97 as previously
captioned in accordance with staffs recommendation. The motion carried.
Mayor Pro Tem Kerr returned to the Council bench.
Other Business:
A TML Region 13 Meeting
(Agenda Item XV)
City Secretary Judy Morrison reviewed the TML Region 13 Dinner Meeting to be held on
Thursday, July 10 beginning at 6:00 p.m. Those interested in attending this meeting were
asked to contact her for reservations.
B. Calendar
June 28
August 15-17
C. Items of Interest
Allen USA Celebration
Budget Retreat
City Secretary Judy Morrison informed the Council she had received two booklets from the
Attorney General's Office regarding Juvenile Justice and Economic Development. Those
interested in reviewing the booklets may contact her.
D. Acknowledge Standing Committee Assignments
There was no additional action taken on this item.
E Recreation Center Utilization Review
It was the consensus of the Council for the City Manager to notify the City of Lucas that the
Joe Farmer Recreation Center would be available for memberships to only Allen residents
until such time additional review and consideration may be taken on the issue.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 19, 1997
PAGE 10
The regular Council meeting was recessed at 10.05 p.m and Council reconvened into Executive
Session at 10.10 p.m. on Thursday, June 19, 1997, in the Conference Room of the Allen Public Library
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 reconvened
into Executive Session at 10:10 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/Response
The Executive Session was adjourned at 11.15 p.m
Reconvene and Consider Action on Items Discussed Durine Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 11.17 p.m. on Thursday, June 19, 1997,
in the Council Chambers of the Allen Public Library There was no action taken on items discussed in
Executive Session.
Adjourn (Agenda Item XIII)
MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Fulk,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 11.17 p.m. on Thursday, June 19, 1997 The motion carried
These minutes approved on the 3rd day of July , 1997
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
J y Mo son, CMC, CITY SECRETARY
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