Min - City Council - 1997 - 07/03 - RegularALLEN CITY COUNCIL
L'I REGULAR MEETING
JULY 3, 1997
Present
Stephen Terrell, Mayor
Councilmembers•
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 (absent)
Shelley George, Secretary 11
DINNER AND WORKSHOP SESSION - 6:20 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 6.20 p.m. on Thursday, July 3, 1997, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Oven Council Discussion (Agenda Item II)
Discussion was held regarding the implementation of automated billing of City utilities.
Discussion was held regarding the misalignment between Ramtree and Beacon Hill. The Council
requested that the City Staff research possible ways of correcting the situation and funding for the project It
was suggested that a partnership between the City and Twin Creeks be established as a way of paying for the
project.
Councilmember Owen stated that she had attended the Keep Texas Beautiful Conference. To build the
program correctly, it was suggested that the Keep Allen Beautiful Board incorporate to qualify for grants
Discussion of Consent Agenda (Agenda Item III)
and Regular Agenda Items
Mayor Terrell began the review of the Consent Agenda and Regular Agenda items.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 1997 PAGE 2
Council requested that City Council Minutes reflect the reason(s) for any desenting votes cast on
Agenda Items.
Discussion was held regarding Consent Agenda Item No. F, Direct the Planning & Zoning Commission
to Review the Request for Permanent Zoning for Custer Hedgecoxe L.L.C. on 25.573 Acres of Land.
Councilmember Folk expressed the following concerns: 1) appropriateness of this item on the Consent
Agenda, 2) setting a precedent if this item is heard since it was previously denied by Council; and, 3) sending it
back to the Planning & Zoning Commission. City Manager Jon McCarty suggested that Council remove this
item from the Consent Agenda for further discussion.
Discussion was held regarding temporary permits currently issued for the plant nursery and produce
stand located at the corners of Bethany and Greenville in relation to Consent Agenda Item L Mr. Mike
Howland, 7718 Mullrany, Dallas, Texas, on behalf of both shopping centers, asked the Council to allow the
extension of the temporary permit for the produce stand. He explained that the couple leasing the space were
able to break even on costs during the first permit period, but needed the extension in order to profit from the
stand. Mr. Howland explained that both sites were leased in accordance with the permits issuance dates.
Neither site would be re-leased for either use once both the original and extended permit periods expire.
Discussion was held regarding Consent Agenda Item H, Set July 17, 1997, as Public Hearings Date to
Consider the Annexation of a 67 10 Acre Tract of Land. Councilmember Thomas asked if voluntary
annexations were automatic. City Manager Jon McCarty stated that the City is not obligated to annex and he
explained the annexation process
Discussion was held regarding Agenda Item No. XI, Award the Bid to Reconstruct McDermott Drive
West from US 75 to Custer Road. City Manager Jon McCarty stated that a letter was received from Ms. Jean
S. Boney of Concrete, Inc., regarding the contract award. The Council discussed the bid and selection process
in relation to State law
Discussion was held regarding the SH 5 construction project City Manager Jon McCarty stated that he
had spoken to Charlie Tucker with TXDOT regarding land acquisition for the project. The State is negotiating
with 34 parcels, but has acquired over 20 parcels, 21 are in closing, and 7 are in condemnation. The City has
asked that the State provide a map and description of the 34 parcels remaining, so that the City may request
Right -of -Entry to accelerate the process of utility relocation. Concern was expressed regarding the time
remaining to move utilities with project funding set to end in 1998.
City Manager Jon McCarty stated that he had spoken with Bobby Curtis regarding the second access
route to Anderson Elementary Mr. Curtis has asked the City to drop from the Facilities Agreement the 12ik
acre site where the school property lies. The purpose of this request would affect the calculation of roadway
costs for FM 2170 and Malone. City Manager Jon McCarty received Council's acknowledgment of his intent
to sign a Facilities Agreement with CIRI that excludes the acreage owned by Allen Independent School District
on which Anderson Elementary is built.
City Manager Jon McCarty stated that he had spoken with Bill Lovil of TXDOT regarding FM 2170
West. Mr. Lovil stated that the City should act as if the Commission, which meets in August, had already
turned the roadway over to the City
L
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 1997
PAGE
Council expressed the following concerns regarding FM 2170 East: the storage of equipment, the lack
of progress on this section of roadway, and the interference with school.
Executive Session
(Agenda Item IV)
Mayor Terrell elected to postpone convening into Executive Session until the completion of Agenda
Item No. XV
The Work Shop was recessed at 7:30 p in.
REGULAR SESSION - 7:39 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7:39 p.m. on Thursday, July 3, 1997, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
CONSENT AGENDA (Agenda Item VI)
Councdmember Gallagher requested that the following items be removed from the Consent Agenda
F Direct the Planning and Zoning Commission to Review the Request for Permanent Zoning for
Custer Hedgcoxe L.L.C. on 25.573 Acres of Land Located East of the Northeast Corner of
Hedgcoxe Road and Custer Road.
Approve a Resolution Placing a 90 -Day Moratorium on the Issuance of Temporary Use Permits
and Renewals for Temporary Sales of Seasonal Products.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on
the Consent Agenda as recommended and as follows:
A Approve Minutes of the June 17, 1997, Special Called Meeting.
E. Approve Minutes of the June 19, 1997, Regular Meeting.
C. Approve Execution of a Contract Extending Interlocal Agreement for Automated Library
Service.
City Council authorized City Manager Jon McCarty to execute a contract extending the
interlocal agreement for automated library services between the cities of Allen and Plano.
D Adopt an Ordinance Confirming Action of City Council on June 19, 1997, to Place Permanent
Zoning on 57 703± Acres of Land for Tomlin Properties.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 1997
PAGE 4
Ordinance No. 1507-7-97: 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.
61 on the Following Described Tract of Land: 57.7 Acres of Land Located in the J. J.
Survey, Abstract No. 609, City of Allen, Collin County, Texas, Providing for Exhibit "A"
Land Use Plan, Area and Use Regulations, and Legal Description; Providing for a Penalty
or 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. Confirm Action of Sign Control Board to Deny Variance Requested by Eckerd Drug Co. for a
Class 5 Sign at 20 Feet in Height and 90 Square Feet in Size.
G. Adopt an Ordinance Changing the Name of Bandy Lane to Bethany Drive from Allen Heights
Drive Continuing Eastward to its Intersection with FM 2551.
Ordinance No. 1508-7-97: An Ordinance of the City of Allen, Collin County, Texas,
Changing the Name of Bandy Lane from a Point Beginning at Allen Heights Drive
Continuing Eastward to its Intersection with FM 2551 to "Bethany Drive"; Amending all
Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an
Effective Date.
H. Set July 17, 1997, as Public Hearings Date to Consider the Annexation of a 67 10 Acre Tract
of Land Situated in the William Snyder Survey, Volume 576, Page 472, of the deed records,
County of Collin, Texas, More Commonly Known to be Located Immediately North of
Bethany Road and West of FM 2551 as Requested by Ben L. Martin.
J. Set August 7, 1997, as Public Hearing Date on a Request to Establish Planned Development
Zoning with Residential, Corridor Commercial, Local Retail and Community Facilities Uses
for a 180.661 -Acre Tract of Land Described as being Located East of Custer Road Notch and
South of Proposed Ridgeview Drive.
K. Set August 7, 1997, as Public Hearing Date on a Request to Grant a Specific Use Permit (SUP)
with Site Plan Approval for Gasoline Sales for the Front Porton of Lot 2 of Mr. Quik #2
Described as being Located East of SH 5 between Hightrad Drive and Ridgemont Drive.
L. Accept Resignation from Ms Jennifer Hill, Place No. 2, of the Sign Control Board and
Declare a Vacancy
M. Approve Bills Associated with the 1985 and 1994 Capital Improvement Program.
1. David C. Baldwin, Inc. (Neighborhood park renovations) $4,063.13
For: Park & playground planning services
Funding Source 1994 Park Bonds
Period: thin June 26, 1997
E ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 1997
PAGE 5
F Direct the Planning and Zoning Commission to Review the Request for Permanent Zoning for
Custer Hedgcoxe L.L.C. on 25.573 Acres of Land Located East of the Northeast Corner of
Hedgcoxe Road and Custer Road
Council stated that the primary reason this was not approved previously was because of
density This is why the Planning and Zoning Commission is being asked to review this item
again.
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 direct the Planning and
Zoning Commission to review the request with Council's recommendation that the density issue
be reevaluated and they resubmit their recommendations to the City Council for the July 17
meeting The motion carried.
2.
Concho Construction Co., Inc.
$53,314.38
(Exchange Parkway [Watters to Alma])
For: Estimate #3
Funding Source. 1992 Street Bonds
Period. June 30, 1997
3
Alpha Testing, Inc. (Bethany Dr [US 75 to BelAir]t
$220.00
For: Concrete testing
Funding Source: Drainage System Maintenance
Period: June 1997
4.
Site Concrete, Inc.
$149,397.24
(Bethany Drive [Allen Heights to FM 2551])
For Construction costs
Funding Source: 1985 Street Bonds
Period: thru June 25, 1997
5.
L.A. Sears Construction, Inc.
$25,943.31
(Bethany Drive [US 75 to BelAir])
For: Payment #3
Funding SourceDrainage System Maintenance/1985 Street
Bonds
Period. lune 1997
6.
Mike Bothe
$2,050.00
(24" water line Custer Road [Ridgeview to FM 2170])
For: Water line constmction
Funding Source: 1992 Water/Sewer Bonds
Period' lune 27, 1997
The motion carried.
F Direct the Planning and Zoning Commission to Review the Request for Permanent Zoning for
Custer Hedgcoxe L.L.C. on 25.573 Acres of Land Located East of the Northeast Corner of
Hedgcoxe Road and Custer Road
Council stated that the primary reason this was not approved previously was because of
density This is why the Planning and Zoning Commission is being asked to review this item
again.
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 direct the Planning and
Zoning Commission to review the request with Council's recommendation that the density issue
be reevaluated and they resubmit their recommendations to the City Council for the July 17
meeting The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 1997
PAGE 6
Approve a Resolution Placing a 90 -Day Moratorium on the Issuance of Temporary Use Permits
and Renewals for Temporary Sales of Seasonal Products.
Council stated that they did not feel that a moratorium was necessary at this point but that the
Planning and Zoning Commission should review the ordinance and submit recommendations to
Council It was also suggested that the Planning and Zoning Commission review businesses
where sales tax is required to ensure that a valid sales tax receipt be provided.
MOTION: A motion was made by Councilmember Gallagher to not approve the Resolution and to direct
the Planning and Zoning Commission to review the ordinance and submit their
recommendations within 60 - 90 days to Council. No vote was taken on this motion.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Falk, the
Council voted seven (7) for and none (0) opposed to table this item and direct the Planning and
Zoning Commission to review the ordinance based on the issues raised and submit their
recommendations within 90 days to Council. The motion carried.
End of Consent Aeenda
Council Committee Reports (Agenda Item VII)
Services:
• No report.
Development:
• No Report.
Finance/Administration:
• Southwestern Bell Telephone Franchise Agreement Extension
• Implementation of Comp -Class Study and Interim Pay Plan
• Visioning Project and Strategic Plan
• E -Mail Plan
• Budget Retreat Format (Team Building)
• Boards That Make a Difference by John Carver
Mayor's Committee:
• Planning and Zoning Commission's Joint Workshop
• Community Credit Union Scholarships for High School Seniors
• Commended the Park's Department for the USA Allen Celebration success
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 1997
PAGE 7
Citizen's Comments (Agenda Item VIII)
Ms Dawn Hurley, 502 E. Bethany, Allen, Texas, and Mike Howland, 7718 Mullrany, Dallas, Texas,
did not speak before the Council but requested that their opposition to the proposed moratorium on temporary
use permits be recorded A petition of support was presented for record.
Mr. Jim Dillman, 1008 Jupiter, Allen, Texas, expressed opposition to the monthly recycling charge
and having to personally appear to complete an application for service. He also questioned the requirement of
a $50 deposit for service.
Ms. Jean Boney of Site Concrete, Inc., 3328 Roy Orr, Grand Prairie, Texas, expressed her concern
regarding the award of the McDermott Drive -West Contract. Ms. Boney stated that her company was the low
bidder on the base bid and overall low bidder of all included alternates. Ms. Bovey asked the Council to
consider awarding the contract for the base bid and rebidding the alternates separately
Mayor Terrell presented Councilmember Fulk with a tenure pin.
Approve a Resolution Ordering the September 13, (Agenda Item IX)
1997, City Bond Election and Approve the Election
Calendar
The Council expressed excitement regarding the Resolution The City staff has utilized every part of
the current municipal building and is now expanding to a trailer. The City needs to move forward and call for
an election. The Council invited all residents to come and tour City Hall to see the use of work space.
Resolution No. 1510-7-97: A Resolution of the City
Council of the City of Allen, Collin County, Texas,
Ordering a Bond Election to be Held in the City of
Allen, Texas, Making Provision for the Conduct of
the Election and Resolving Other Matters Incident
and Related to Such Election.
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 Resolution No. 1510-7-97 as
previously captioned in accordance with City staff's recommendation. The motion carried.
Approve a Resolution Authorizing the Allen (Agenda Item X)
Community Development Corporation (ACDC) to
Issue Revenue Bonds in the Amount of 5.35 Million
Assistant City Manager Michael Stanger stated that the first two projects authorized $3.6 million for
construction at Allen Station Park The third project is intended to fund $1.5 million toward construction of a
■` natatorium. The ACDC Board approved the sale of up to $5 35 million in sales tax revenue bonds. In order
for the bonds to be sold, the City Council must approve any bond issues. In addition to the $5.1 million of
project money, the bond proceeds will be used to pay up to $50,000 of issuance costs and to capitalize
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 1997 PAGE 8
$200,000 of a reserve fund. Mr Stanger stated that staff recommends the City Council adopt the resolution
approving the ACDC's bond issue.
Council expressed support for the Allen Community Development Corporation for selecting projects
that reflects the community Council commended Michael Stanger for bringing the committee together and
selecting excellent projects.
Resolution No. 1511-7.97: A Resolution of the City
Council of the City of Allen, Collin County, Texas,
Approving the Resolution of the Board of Directors
of the Allen Community Development Corporation
Providing for the Sale of Bonds; Authorizing
Delivery by the Corporation of $5.35 Million of
Bonds to the Purchasers Thereof After all Approvals
Required by Law; and Providing an Effective Date.
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. 1511-7-97 as
previously captioned in accordance with City staff's recommendation. The motion carried.
Award a Bid to Reconstruct McDermott Drive West (Agenda Item XI)
from US 75 to Custer Road, Authorize Execution of
a Contract and Approve the Project Budget
Public Works Director George Conner stated that the City expects to hear any day on the request to
TXDOT to release McDermott from the State farm to market system. There were five bidders, with H.B.
Zachry Co. being the low bidder with the selected alternatives. The alternatives omitted are the sidewalks,
stone wall icons, icon wall signs, entry monument and historic markers. These irrigation and landscape items
would have been over budget by $138,133.06, without this deletion. The sidewalks were omitted to allow
some cash on hand for contingency The sidewalks may be rebid after completion of this project in two years.
The source of funds for this project are Collin County Bonds, City of Allen street bonds, assessment funds
from prior projects and facility agreements from developers along McDermott. The cash on hand from these
sources is $11,746,170, and will handle the cash flow on items under contract including contingency Future
cash will come in during the project from facility agreements as developers plat land, and projections show the
City will be able to bid the remaining nems when needed during the course of the project. The future
McDermott facility agreement money amount over this budget is about $1,700,000. Mr. Conner stated that
Staff recommends that the City Council award the bid to the lowest and best bidder, H.B. Zachry Co. for a
unit cost bid of $10,327,945.93, authorize the City Manager to sign a unit cost contract with H.B. Zachry Co.
for the bid amount, and authorize changes to the components of the budget, which stays at $12,700,000.
Council questioned the criteria used for best bidder and the elimination of sidewalks.
! Public Works Director George Conner explained the selection process He stated that sidewalks
E` would be bid right before the completion of the roadway and only the median would be landscaped.
Mr. Conner stated that the street's outside lane will have an extra 3 feet for use by bicycles.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 1997
PAGE 9
City Manager Jon McCarty stated that Staff would like to take a closer look at bridges due to
appearance. The design used on the bridge on Alma at Rowlett Creek is a more attractive bridge
Council expressed concern regarding saving the pecan trees along McDermott
Public Works Director George Conner stated that was a major design criteria with H.B. Zachry
submitting the best design possible The road was shifted slightly south to balance how many trees would be
removed from each side.
Council stated the $16,000 difference is an insignificant amount in such a large contract and asked
why H.B. Zachry appeared to be the best bidder
City Manager Jon McCarty stated that the City does not have an objective criteria used to determine
best bidder, this is a judgment decision
Ms. Boney was asked how significant this job is to her company
Ms. Boney stated that this job is very significant and that she would not have been at the meeting had
it not been important.
Council discussion took place regarding the difference in bids and H B Zachry's commitment to the
timeline Council stated that it was known that the total bid was the base bid plus unspecified alternates. The
opportunity existed in this situation for the contractor to be low bidder one day and not the next. Council
expressed that it is important for the City to set an appropriate number of alternates to be contingent for the
completion of the project.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszynski,
the Council voted five (5) for and two (2) opposed with Councilmembers Thomas and
Gallagher casting the negative votes to award the bid to the lowest and best bidder, H.B
Zachry Co. for a unit cost bid of $10,327,945.93, authorize the City Manager to sign a unit
cost contract with H B. Zachry Co. for the bid amount, and authorize changes to the
components of the budget, which stays at $12,700,000 as recommended by City Staff. The
motion carried
Second Reading of Ordinance Extending the Present (Agenda Item XII)
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 was reviewed by the Finance/Administration Standing
Committee at its June 30 meeting
The Finance/Administration Committee supports this Agreement. The changes in the Agreement are
the extension going to a year-to-year, provision to negotiate new agreement if the City receives an application
from a competitor, and provision to terminate if City grants franchise to a competitor. The Municipal Charge
increase of $ 01 would have happened regardless of Council action as long as current formula was in place.
iI
11
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 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 10
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed to accept the second reading and pass on to
the third reading of proposed Ordinance No. 1506-6-97 as previously captioned. The motion
carried.
Other Business:
A. Legislative Report
(Agenda Item XV)
Assistant City Manager Michael Stanger highlighted Legislative changes that will affect the
City's legislative program of protecting home rule authority, protecting local government
revenues and defending against unfunded mandates.
B. Calendar
Services Committee Meeting
AEDC Board Meeting
Budget Retreat
Early Voting Begins
C Items of Interest
12:00 p.m. July 16
6:00 p.m. July 30
--- August 15 - 17
--- August 25
Council asked for an update on the progress of the Comprehensive Plan at the next meeting.
D Set a Date for Joint Meeting with Planning and Zoning Commission
P` Proposed Date: August 2
2ntl Proposed Date: September 6
The regular Council meeting was recessed at 9 19 p.m. and Council reconvened into Executive
Session at 9*45 p.m. on Thursday, July 3, 1997, in the Council Chambers of the Allen Public Library
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 3, 1997
Executive Session
PAGE 11
(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 9*45 p.m. in the Council Chambers of the Allen Public Library, Two Allen Civic
Plaza, Allen, Texas in order to continue discussing matters pertaining to:
Personnel Evaluation
The Executive Session was adjourned at 10:05 p.m.
Reconvene and Consider Action on Items Discussed Di rine Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 10:06 p.m. on Thursday, July 3, 1997, in
the Council Chambers of the Allen Public Library There was no action taken on items discussed in Executive
Session.
Adiourn
(Agenda Item XIII)
MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Fulk,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 10:07 p in on Thursday, July 3, 1997 The motion carried.
These minutes approved on the 17th day of July , 1997
APPROVED:
zf
Stephen Terrell, MAYOR
ATTEST:
��
Ju# Morri n, ChIC, CITY SECRETARY