Min - City Council - 1997 - 08/07 - RegularALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 7, 1997
Present:
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher (absent)
Dave Powyszynski
Kenneth Fulk
Metissa 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, August 7, 1997, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Open Council Discussion
(Agenda Item H)
Discussion was held regarding the school zones Since two new elementary schools have been opened
this fall, concern was expressed regarding these particular areas. The school zone at Norton Elementary
School will be moved to be extended further away from the school. A map will be distributed to the children
and Public Works will do a crossing guard study after that information is received. Comments were also made
regarding the area on Malone Drive and Anderson Elementary School.
The executed easement for the second access point to Anderson Elementary School should be received
in the City Manager's Office momentarily This will also alleviate certain problems in that elementary school
district.
Discussion was held regarding Rivercrest parking during school days. Additional signage will take
place in this area.
A concern was expressed regarding excess water on FM 2170 and Allen Heights.
The work at SH 5 and FM 2170 will be completed in four phases.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 7, 1997 PAGE 2
Notation was made that both Norton Elementary School and Anderson Elementary School will be
holding open houses on Sunday, August 24
Discussion of Consent Agenda (Agenda Item III)
and Regular Agenda Items
Councdmember Kenneth Fulk indicated that he may not be available for the August 19 Public Hearing
on the Fiscal Year 1997-98 City Budget
Staff asked that Agenda Item V, Item C, "Set August 26, 1997, as a Public Hearing Date on the Fiscal
Year 1997-98 City Tax Rate," be pulled from the Agenda.
Discussion was held regarding the bid of the 24" Water main along SH 5 and Jupiter Road. This bid is
consistent with other water project bids being costed as a unit cost project.
Discussion was held regarding the Solid Waste Collection Rate Amendment These items were
inadvertently left out of the bid contract previously A question was also raised regarding the availability to
recycle corrugated cardboard. This item will be researched.
? The Resolution relating to the Allen Community Development Corporation Sales Tax Revenue Bonds,
is an item to satisfy bond requirements.
The items dealing with the Reinvestment Zones will be considered non -spec buildings after completion
since tenants will be available at that time.
Discussion was held regarding the Specific Use Permit for Gasoline Sales on the Mr. Quik 82 property
There is a requirement of an 8' masonry wall or living screen with wrought iron.
County Judge Ron Harris will be attending the Regular Meeting to provide information regarding the
Resolutions relating to SH 121.
Executive Session (Agenda Item IV)
In accordance with The Texas Local Goverment 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 7:05 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic
Plaza, Allen, Texas in order to discuss matters pertaining to
Economic Development
The Executive Session was recessed at 745 p.m.
7 REGULAR SESSION - 7:47 P.M.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 7, 1997
PAGE
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7 47 p.m. on Thursday, August 7, 1997, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas Councilmember Dave Powyszynski was not present at
this time.
CONSENT AGENDA
(Agenda Item VI)
Staff requested that Item C, "Set August 26, 1997, as a Public Hearing Date on the Fiscal Year 1997-
98 City Tax Rate," be removed from the Consent Agenda.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the
Council voted five (5) for and none (0) opposed to approve and adopt all items remaining on
the Consent Agenda as recommended and as follows:
A. Approve Minutes of the July 17, 1997, Regular Meeting.
B. Set August 19, 1997, as a Public Hearing Date on the Fiscal Year 1997-98 City Budget.
D Authorize Execution of a Contract for School Resource Officers (SRO) for the 1997-98 Allen
Independent School District (AISD) School Year.
E. Declare Equipment and Vehicles Replaced in 1996-97 Budget Surplus for Auction.
F Award Bid for the 24" Water Main along SH5 and Jupiter Road and the 10" Sanitary Sewer in
the Watson Drive Project, Authorize Execution of a Contract and Approve the Project Budget.
G. Adopt an Ordinance Amending Ordinance No. 1500-5-97 Regarding Solid Waste Collection
Rates.
Ordinance No. 1514-8-97: An Ordinance of the City of Allen, Coffin County, Texas,
Amending Sections 6-59(A), 6-60.2 and 6-60.3 of Chapter 6, "Health and Environment,"
Article III, "Solid Waste," of the Allen Code of Ordinances; Providing a Revised Schedule of
Rates and Fees for Solid Waste Disposal and Collection; and Providing for an Effective
Date.
H. Approve a Resolution Relating to the Allen Community Development Corporation (CDC) Sales
Tax Revenue Bonds, Series 1997
Resolution No. 1515-8-97(R): A Resolution by the City Council of the City Of Allen,
Texas, Relating to the "Allen Community Development Corporation Sales Tax Revenue
Bonds, Series 1997"; Approving (i) the Resolution of the Board of Directors of the Allen
Community Development Corporation Authorizing the Issuance of Such Bonds and (u) the
Execution, on Behalf of the City, of the Financing/Use Agreement Relating to Such
Financing by the Allen Community Development Corporation; Resolving Other Matters
Incident and Related to the Issuance of Such Bonds; and Providing an Effective Date.
ALLEN CITY COUNCIL
REGULAR MEETING
{ AUGUST 7, 1997
PAGE
Adopt an Ordinance Annexing a 67 10 -Acre Tract of Land Located Immediately North of
Bethany Drive and West of FM 2551 as Requested by Ben L. Martin.
Ordinance No. 1516-8-97: An Ordinance of the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately
67.10 Acres Located in the William Snyder Survey, Collin County, Texas, and Extending
the Boundary Limits of the City so as to Include Said Hereinafter -Described Property
Within the City Limits and Granting to All Inhabitants and Owners of Said Property All of
the Rights and Privileges of Other Citizens and Binding All Inhabitants by All the
Ordinances, Acts, Resolutions and Regulations of Said City; Providing a Severability Clause;
and Providing for the Effective Date of Said Ordinance.
J Adopt an Ordinance Establishing a Pro -Rata for the Tatum Sanitary Sewer Line Constructed by
Bon Terre for Watters Crossing 111.
Ordinance No. 1517-8-97: An Ordinance of the City of Allen Establishing a Pro Rata
Charge as a Prerequisite to Utilizing the Capacity of Specified Sanitary Sewer Line;
Providing a Severability; Providing a Penalty and Providing for an Effective Date of this
Ordinance.
K Adopt an Ordinance Confirming Action of City Council on July 17, 1997, to Place Permanent
Zoning on 13.696 Acres of Land Located at the Southwest Corner of McDermott Drive and
Watters Road
Ordinance No. 1518-8-97: 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 Shopping Center (SC) on the
Following Described Tract of Land: 13.696 Acres of Land Located in the Michael See
Survey, Abstract No. 543, City of Allen, Collin County, Texas, "Providing for Exhibit "A"
Land Use Plan and Providing for Exhibit 'B" 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.
L. Adopt an Ordinance Confirming Action of City Council on July 17, 1997, to Place Permanent
Zoning on 25 573 Acres of Land Located East of Custer Road and North of Hedgcoxe Road.
Ordinance No. 1519-8-97: 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. 62
on the Following Described Tract of Land: 25.573 Acres of Land Located in the John
Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas, "Providing for
Exhibit "A" Land Use Plan and Legal Description and Providing for Exhibit `B" Area and
Use Regulations; 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.
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ALLEN CITY COUNCH.
REGULAR MEETING
AUGUST 7, 1997
PAGE 5
M. Cancel Public Hearing Scheduled for August 7, 1997, and Reschedule Public Hearing for
September 4, 1997, 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 Located East of Custer Road North and South of Proposed Ridgeview Drive as Requested
by Texas Land and Building Company
N. Set August 21, 1997, as a Public Hearing Date for the Creation of Reinvestment Zone #13.
O. Set August 21, 1997, as a Public Hearing Date for the Creation of Reinvestment Zone #14.
P Set August 21, 1997, as a Public Hearing Date for the Creation of Reinvestment Zone #15.
Q Approve Bills Associated with the 1985 and 1994 Capital Improvement Program.
1. Billy W Miller (FM 2170 --- east from SH 5 to Allen Heights Drive)
$497.01
For: Concrete for Jogging path
Funding Source. 1992 Existing Street Bond Funds
Period: July 28, 1997
2. Milstead Appraisal Co. (Allen Station Park)
$2,200.00
For: Appraisal services
Funding Source: 1994 Park Bonds
Period. thin July 12, 1997
3. Advance Tank & Construction (Ground storage tank at Stacy Road)
$192,361.59
For: Payment #5
Funding Source Water Impact Fees
Period. thru July 31, 1997
4. L A. Sears Construction, Inc. (Bethany Drive --- Us 75 to BelAir)
$57,683.69
For: Payment #4
Funding Source 1985 Street Bonds
Period: July 1997
5. Alpha Testing (Bethany Drive --- US 75 to BelAir)
$635.00
For Invoice #19192
Funding Source: 1985 Street Bonds
Period: July 15, 1997
6. Rey Bach, Inc. (Fire Station #4)
$42,830.00
For: Construction
Funding Source: 1996 Bonds
Period: June 24 to July 21, 1997
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 7, 1997 PAGE 6
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Alpha Testing, Inc. (Fire Station #4)
$643.50
For: Contingencies
Funding Source: 1996 Bonds
Period: June 28 to July 8, 1997
8.
Blair Graphics (Asphalt overlay, total reconstruction)
$108.50
For: Printing of plans
Funding Source: 1994 Street Bond Funds
Period: July 21, 1997
9
Site Concrete, Inc. (Bethany Drive --- Allen Heights to FM 2551)
$30,517.56
For. Construction costs
Funding Source: 1985 Street Bonds
Period: July 25, 1997
10.
Blair Graphics (Allen Station Park)
$341.12
For: Reproduction of plans for Allen Station Park project
Funding Source, 1994 Park Bonds
11.
Period: thm July 16, 1997
Alpha Testing, Inc. (Fire Station #4)
$848.00
For: Contingencies
Funding Source, 1996 Bonds
Period. June 16 to June 28, 1997
12.
Alpha Testing, Inc. (Bethany Drive --- US 75 to BelAir)
$758.50
For: Invoice #19000
Funding Source. Drainage System Maintenance 1985 Street Bonds
Period: June 30, 1997
13.
Ron Hobbs, Architect (Fire Station #4)
$34,255.85
For: Architectural services and contingencies
Funding Source: 1996 Bonds
Period: thm July 19, 1997
14.
Huitt-Zollars (Cedar Drive)
$2,626.76
For: Design phase
Funding Source 1994 Park Bonds (Interest Earned)
Period. thru July 31, 1997
15.
Buckley & Barfield, Inc. (Bethany Drive --- US 75 to BelAir)
$600.00
For: Invoice #6998
Funding Source: 1985 Street Bonds
Period: August 1997
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 7, 1997
PAGE 7
16. Concha Construction Co., Inc. (Exchange Parkway --- Watters to Alma) $82,062.00
For: Estimate #4
Funding Source: 1992 Street Bonds
Period: July 31, 1997
17 Alpha Testing, Inc (Exchange Parkway --- Watters to Alma) $887.50
For: Invoice #97259
Funding Source: 1992 Street Bonds
Period: July 15, 1997
The motion carried.
Staff requested removal of Item C, and distributed information regarding an alternate Public Hearing
schedule for the tax rate No action was taken on this item at this time.
End of Consent Attends
p Council Committee Retorts (Agenda Item VII)
Services:
ice? • No Repots.
Development Services:
• No Report.
Finance/Administration:
• Proposal for a Vision Strategy
• Compensation and Classification Study
• Operations Strategy
• Work Program
• TCI Upgrade
Mayor's Committee:
• Review Current Council Agenda
• Information will be added regarding SH 121 Resolutions and NTMWD possible membership
Citizen's Comments (Agenda Item VIII)
J There were no citizen's comments.
Present Certificate -of -Appointment to Newly (Agenda Item M
Appointed Keep Allen Beautiful Board Member
ALLEN CITY COUNCIL
�I REGULAR MEETING
I AUGUST 7, 1997 PAGE 8
Mayor Terrell presented the newly appointed Keep Allen Beautiful Board member, Beverly Wortham,
a Certificate -of -Appointment certifying her new position and expressed a welcome and a sincere thanks to her
for serving her community
Public Hearing to Grant a Specific Use Permit (SUP) (Agenda Item Iq
with Site Plan Approval for Gasoline Sales for the
Front Portion of Lot 2 of Mr. Quik p2 Located East
of SH 5 between Hightrail Drive and Ridgenmm
Drive as Requested by Ebrahim Ruheki
Community Development Director Bill Petty advised the subject property is located along the east side
of SH 5. The request is for a specific use permit for gasoline sales on property currently zoned PD -4 for
Shopping Center uses When SH 5 is recommucted, a median opening will be provided that will serve the
mutual property lines of the Animal Hospital and that of the proponents. The northern curb cut will be closed
when the adjacent property develops, and a mumal access easement will be provided to and through the
adjacent property The proponent is aware of the 8' masonry wall or wrought iron and living screen on the
back of property between residential and commercial property
Mr. Joe King stated that he intends to comply with all requirements of site and building.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
There being none, Mayor Terrell closed the public hearing.
Council discussed the maneuverability for gasoline access. The properties to the north will have access
and not be blocked by gasoline delivery tacks.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and seconded by Councihnember Fulk, the
Council voted five (5) for and none (0) opposed to confirm the Planning and Zoning
Commission's recommendation to grant a specific use permit for gasoline sales on Lot 2 of
Mr. Quik #2 for Shopping Center uses. The motion carried.
Public Hearing to Grant a Specific Use Permit (SUP) (Agenda Item XI)
with Site Plan Approval for a Utility Substation for
a 4.3 -Acre Tract of Land Located on CR 196
between Stacy Road and SH 121 as Requested by
TU Electric
Community Development Director Bill Petty reviewed the TU Electric request for a specific use
permit with site plan approval for a utility substation. The site plan contains a notation that requires an S'
masonry screening wall with wrought iron panels and landscaping along the perimeter of the facility Because
there are no water and sewer provisions, they are asking for several concessions A facilities agreement will
be filed prior to platting which will reimburse the City at contract price for water, sewer and road. TU
Electric will dedicate right-of-way of road at platting
ALLEN CITY COUNCIL
i REGULAR MEETING
AUGUST 7, 1997 PAGE 9
Mr. Joe Bilbo of TU Electric indicated that TU Electric has experienced a large growth in the number
of residential customers and high -use commercial users requiring a second substation.
Mr. Keith Jackson of Espey Huston and Associates, reviewed the actual items to be constructed. The
wall along US 75 will be an 8' thin wall and the other three sides would be 8' thin walls with insen panels.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
There being none, Mayor Terrell closed the public hearing.
The 20' drive has been reviewed by the City Marshal.
A question was raised regarding the metal building exterior requested rather than a masonry exterior.
The substation will be completed by June 1, 1998.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted five (5) for and none (0) opposed to confirm the Planning and Zoning
Commission's recommendation to grant a specific use permit for a utility substation. The
i
motion carried.
Mr. Bilbo announced the upgrade of electrical service to Millennium Technology Park.
TO Electric was complimented on its aggressive nature in providing quality services to Allen.
Consider Resolutions Relating to SH 121 (Agenda Item XII)
City Manager Jon McCarty indicated that Collin County has put up $3.8 million to the State for an
aggressive design and construction schedule of SH 121.
Judge Ron Harris informed the Council of the plans as suggested by Collin County Option One
provides a more equal development opportunity for everyone involved. There will still be a very viable toll
option Option One also provides a better long-term roadway with 3 -lane frontage roads.
Mr. Rubin Delgado, Collin County Public Works, reviewed current projects underway
Judge Harris also discussed the development standards which would support a unified look along SH
121 and provide property owners a more defined understanding of what is to happen along this roadway The
cities need to stay fully involved in this project. Collin County hopes to get the right-of-way within 2-3 years.
This is a very important roadway for the City of Allen. The State will purchase right-of-way, but will be
helped by the County and cities.
Judge Harris was commended for his effort on this project.
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ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 7, 1997 PAGE 10
Resolution No. 1520.8-97(R): A Resolution of the
City of Allen, State of Texas, Requesting that the
Dallas District Engineer of the Texas Department of
Transportation develop a design and construction
plans for interim SH 121 capacity Improvements
between SH 289 and US 75 that provides for dual
expressway frontage roads built in their ultimate
and final location within the expressway right-of-
way.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the
Council voted five (5) for and none (0) opposed to adopt Resolution No. 1520-8-97(R) as
previously captioned. The motion carried
Council and City Staff is notifying the Planning and Zoning Commission regarding additional
information requested by Collin County with regard to common development standards along SH 121. A
resolution will be forthcoming to the Council after review by the Planning and Zoning Commission.
Council took a brief recess.
Councilmember Dave Powyszymki arrived at the Council Bench.
Other Business:
A. Calendar
Design Charette at Roundtree Elementary
NTMWD Signing Party
B. Items of Interest
5:00 p.m. - 8:30 p.m.
5:00 p.m. - 7:00 p.m.
(Agenda Item XHI)
August 23
September 16
Council was given an update regarding the North Texas Municipal Water District. A petition
signing party might include the Boards and Commissions, Chamber of Commerce and
Business Community and Local Clubs in the Area.
Council received a final draft of the Budget Retreat Agenda.
Council acknowledged receipt of the proposed 1997-98 Budget.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 7, 1997
PAGE 11
Minor modifications were proposed for the Hotel/Motel Funding Projects to be a design
charette for city hall facilities This will be amended administratively
City Hall PR is being considered and will be upcoming.
Adjourn (Agenda Item XIV)
MOTION: Upon a motion made by Councdmember Powyszynski 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 9:50 p.m. on Thursday, August 7, 1997 The motion carried
These minutes approved on the 21st day of Aueust , 1997
APPROVED:
�Z�r
Stephen Terrell, MAYOR
ATTEST:
L_�l// I'/r4?A.LI D%`—
Ju Mo on on, CMC, CITY SECRETARY