Min - City Council - 1997 - 09/04 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 1997
Present:
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher (absent)
Dave Powyszynski
Kenneth Folk
Melissa Owen
City Staff:
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:33 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 6'33 p.m. on Thursday, September 4, 1997, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Open Council Discussion
(Agenda Item II)
Fire Chief Ron Gentry announced the extent of wind damage to Fire Station #4 Much of the framing
will need to be redone It was felt this damage might cause a two-week delay in the completion of the fire
station.
It was announced that the specific purpose committee will be meeting with some individuals from Twin
Creeks on Tuesday, September 9, beginning at 7.00 p.m. at Green Elementary School. Council was invited to
attend.
Discussion of Consent Agenda (Agenda Item 111)
and Regular Agenda Items
Items
Mayor Terrell began the review of the Consent Agenda and Regular Agenda items
With no discussion on the agenda, the workshop session of the Allen City Council was recessed at
6:50 p in. on Thursday, September 4, 1997
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 1997
Executive Session
PAGE 2
(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 6:53 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic
Plaza, Allen, Texas in order to discuss matters pertaining to.
Current and Pending Litigation
Personnel Issues Related to Economic Development
The Executive Session was recessed at 7:35 p.m.
REGULAR SESSION - 7:40 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7*40 p.m. on Thursday, September 4, 1997, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
CONSENT AGENDA
(Agenda Item VI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, 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 August 15, 16 and 17, 1997, FY 1997-98 Budget Retreat
B. Approve Minutes of the August 19, 1997, Public Hearing on the FY 1997-98 Budget.
C. Approve Minutes of the August 21, 1997, Regular Meeting.
D Adopt an Ordinance Confirming Action of City Council on August 7, 1997, to Place
Permanent Zoning for a TU Electric Substation on 4.3 Acres of Land Located on CR 196
between Stacy Road and SH 121
Ordinance No. 1525-9-97: An Ordinance Of The City Of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96, As Previously Amended, By
Approving A Specific Use Permit And Site Plan For A Utility Substation On The Following -
Described Tract Of Land: 4.3 Acres Of Land Situated In The Francis Dosser Survey,
Abstract No. 280, And The George Phillips Survey, Abstract No. 701, City Of Allen, Collin
County, Texas; Providing For Exhibit "A" Site Plan; Providing For A Penalty Of Fine Not
To Exceed The Sum Of Two Thousand Dollars ($2,1100.00) For Each Offense; Providing For
A Severability Clause; And Providing For The Effective Date Of Said Ordinance.
E. Adopt an Ordinance Confirming Action of City Council on August 7, 1997, to Place
Permanent Zoning on the Front Portion of Lot 2 of Mr. Quik q2 Located East of SH 5 between
Hightrail Drive and Ridgemont Drive.
ALLEN CITY COUNCIL
REGULAR MEETING
{ SEPTEMBER 4, 1997
PAGE 3
Ordinance No. 1526-9-97: An Ordinance Of The City Of Allen, Collin County, Teras,
Amending Comprehensive Zoning Ordinance No. 1425-5-96, As Previously Amended, By
Approving A Specific Use Permit And Site Plan For Gasoline Sales On The Following -
Described Tract Of Land: Lot 2 Of Mr. Quick Addition No. 2, City Of Allen, Collin
County, Texas; Providing For Exhibit "H" Site Plan; Providing For A Penalty Of Fine Not
To Exceed The Sam Of Two Thousand Dollars ($2,000.00) For Each Offense; Providing For
A Severability Clause; And Providing For The Effective Date Of Said Ordinance.
F Approve a Resolution Supporting Common Development Standards Along SH 121
Resolution No. 1527-9-97(R): A Resolution of the City of Allen, State of Texas,
Supporting Common Development Standards Along SH 121 and Abutting The Colony,
Frisco, Plano, Allen and McKinney.
G. Set October 2, 1997, as a Public Hearing Date to Consider the Recommendation of the
Planning and Zoning Commission to Amend Sections of the Comprehensive Zoning Ordinance
No. 1425-5-96.
1
H. Approve Bills Associated with the 1985 and 1994 Capital Improvement Program.
1 Ed Bell Construction Co. [Cedar Drive] $83,828.00
For: Constmction at Cedar Drive
Funding Source: CDC, 1997 Bonds
Period thin August 25, 1997
2.
Site Concrete, Inc. [Bethany Drive/Allen Heights to FM 25511
$17,386.25
For: Construction Costs
Funding Source: 1985 Street Bonds
Period: thm August 25, 1997
3.
Concho Construction Co., Inc.
$9.528 03
[Exchange Parkway/Watters to Alma]
For: Estimate #5
Funding Source: 1992 Street Bonds
Period: August 22, 1997
4.
Alpha Testing, Inc. [Exchange Parkway[Watters to Alma]
$157.00
For: Estimate #5
Funding Source* 1992 Street Bonds
Period: August 22, 1997
5.
Blair Graphics [Allen Station Park]
For: Reproduction of Specs for Allen Station Park project
$657 33
Funding Source: 1994 Park Bonds
Period: thin August 5, 1997
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 1997
PAGE 4
6.
Alpha Testing, Inc. [Allen Station Park]
$607.50
For: Allen Station Park Construction
Funding Source: 1996 Park Bonds
Period: thin July 31, 1997
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Alpha Testing, Inc. [Station #41
$190.00
For: Contingencies
Funding Source: 1996 Bonds
Period: thin July 25, 1997
8.
Alpha Testing, Inc [Exchange Parkway/Watters to Alma]
$45750
For Invoice #19361
Funding Source: 1992 Street Bonds
Period: July 31, 1997
9
Alpha Testing, Inc [Bethany Drive/US 75 to BelAir]
$60300
For Invoice #19545
Funding Source: Watters Crossing Facility Agreement
Period: August 15, 1997
10.
Alpha Testing, Inc. [Bethany Drive/US 75 to BelAir]
$2,513.00
For: Invoice #19370
Funding Source Watters Crossing Facility Agreement
Period: July 31, 1997
11.
L.A. Sears Construction, Inc. [Bethany Drive/US 75 to BelAir]
$26,483.68
For: Payment #5
Funding Source, Watters Crossing Facility Agreement
Period August 1997
12.
Alpha Testing, Inc. [Station #4]
$471.00
For: Contingencies
Funding Source. 1996 Bonds
Period: August 11 thru August 14, 1997
The motion carried.
End of Consent Aeenda
Council Committee Reports (Agenda Item VII)
Services:
• No Report.
ALLEN CITY COUNCIL
s REGULAR MEETING
SEPTEMBER 4, 1997 PAGE 5
Development Services:
• No Report.
Finance/Administration:
• No Report
Mayor's Committee:
• Current Council Agenda
• Allen Chamber Support Resolution of the Bond Program
Citizen's Comments (Agenda Item VIII)
Mayor Joe Farmer, 915 Pebblebrook, Allen, Texas, reported on the actions of the Specific Purpose
Committee, Citizens, Proudly, for City Hall. He extended an invitation to the Council and Staff to a
celebration at TaMolli's on Saturday, September 13, from 6:00 p.m. to 8:00 p.m The Committee has had a
good response, good questions and has worked hard Town Hall Meetings were not utilized due to time
constraints for both the Committee and the citizens. An organized speakers bureau, however, has been active.
The Specific Purpose Committee was complimented on its effort in this project.
Ms Susan Payton, an Allen resident, was interested in obtaining information regarding the previous
bond election and where the money is allocated. Ms. Payton was referred to Community Development
Director Bill Petty for an itemized breakdown of the funding and expenses in the CIP program to -date.
Public Hearing to Establish Planned Development (Agenda Item I7q
Zoning with Residential, Corridor Commercial,
Local Retail and Community Facilities' Uses for a
180.661 -Acre Tract of Land Located East of Custer
Road and North and South of Proposed Ridgeview
Drive as Requested by Texas Land and Building
Community Development Director Bill Petty indicated this the property is located east of the proposed
Custer Road and south of SH 121. When Custer Road is reconstructed, there will be a new alignment, and the
area west of the new thoroughfare will be conveyed to the City of Plano. Mr. Petty indicated that the Parks
Department would like flexibility in dealing with the pond as shown on the land use plan. He reviewed the
various uses as presented by the proponent.
Senior Planner Marcie Diamond reviewed the residential density in this request. Although densities
are in excess, the proponent has offered additional amenities in the multi -family tract such as increased
landscaping and buffer areas
ALLEN CITY COUNCIL
REGULAR MEETING
y SEPTEMBER 4, 1997 PAGE 6
Curtis Young, representing the Texas Land and Building Company, explained the proposed residential
areas. Since Ridgeview has created a deep land area and the creek was an asset to be considered, the
residential area was placed in this vicinity
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.
Discussion was held regarding the alignment of Rowlett Road. The pond area is not finalized and
flexibility can be given to this issue at platting. If a school site is needed, a park site might be considered in
conjunction with the school site rather than where it is currently located.
Discussion was held regarding residential zoning abutting the corridor commercial zoning
It was indicated that the park is shown in the vicinity of the land map because of the large natural trees
surrounding the pond and a possible remittance for the Rowlett Creek Trail system and accessibility by people
outside of the area.
Discussion was held regarding the corridor commercial zoning and recent guidelines adopted by the
Council for SH 121.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councdmember Powyszymki.
the Council voted four (4) for and two (2) opposed with Councilmembers Thomas and Owen
casting the negative votes to amend the recommendation of the Planning and Zoning
Commission to include Tract 5C and Tract 7 as Corridor Commercial and the balance of the
plan remain as recommended. The Rowlett Road connection will be moved toward the north
as presented during the meeting The motion carried.
Consider a Request by Dr. David Toney to Abandon (Agenda Item X)
25 -Foot of Right of Way (ROW) between Lots 3, 4,
5B and Lot 6 of Block 1, Old Donation Addition
Community Development Director Bill Petty indicated that the property before the Council is located
perpendicular and south of McDermott Drive, between Ash Street and Cedar Drive. It consists of a 25 -foot
strip of right-of-way located in Block 1 of Old Donation Addition to the City of Allen, between Lots 3, 4, 5B
to the west and Lot 6 to the east, being approximately 3,050 square feet.
TU Electric, Southwestern Bell Telephone, Lone Star Gas Company, and TCI Cablevision of North
Texas indicate a willingness to abandon this right-of-way The adjoining property owned by Madian and
Richard Chumbley indicate their support of this abandonment and their willingness to accept their share of the
right-of-way City of Allen Public Works has no utility in this right-of-way and is willing to abandon it. Since
final approval of plans expect to be immediate, construction should begin in October
ALLEN CITY COUNCIL
.I REGULAR MEETING
7 SEPTEMBER 4, 1997
Ordinance No. 1528-9-97: An Ordinance of the City
of Allen, Collin County, Texas, Abandoning All
Right, Title and Interest in and to a 25 -Foot Strip of
Right -Of -Way Located in Block 1 of Old Donation
Addition, Being Located Perpendicular and South of
McDermott Drive, Between Ash Street and Cedar
Drive; Between Lots 3,4,5B to the West and Lot 6 to
the East, Being ±3,050 Square Feet, or ±0.07 Acres
of Land, City of Allen, Collin County, Texas;
Providing for the Conveyance Thereof to the
Abutting Property Owners; Quitclaiming all Right,
Title and Interest of the City of Allen in Such Right -
Of -Way to Abutting Property Owners; Authorizing
the City Manager to Execute Any Documents
Deemed Necessary; Providing for a Severability
Clause; and Providing for the Effective Date of Said
Ordinance.
PAGE 7
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to approve Ordinance No. 1528-9-97 as
previously captioned in accordance with the City Staff recommendation. The motion carried.
Consider a Request by Mr. Stacy Standridge to (Agenda Item XI)
Revise Ordinance No. 1479-2-97 to Reflect the Cost
Associated with any Pro Rata Utility Reimbursement
Public Works Director George Conner reviewed the request from various private parties to modify the
water and sewer pro rata ordinance recently adopted by the Council. The Board of Church Extension and Mr.
Stacy Standridge contend that the water and sewer pipe was put in the ground in 1984, and should be free to
them. The only costs they should pay is the testing and other costs to get the pipe acceptable to the City The
developer, however, contends that the price for the water and sewer pipe is in the price for the land that he
purchased, and to price out equivalent new pipe is equitable.
The City of Allen's position indicates that the City requires that water and sewer pipe has to perform
and be equivalent to new pipe. The City holds the developer responsible for the provision of off-site utilities
that make his development work. If the developer did not do the work required to pass the test, the City
would not have accepted the lines and no service would be available to the two -parties requesting the relief.
Representatives from the affected parties spoke before the Council regarding various issues and
presented their case. They felt the reflection of the 12" water mains and the engineering fees and the 8"
sanitary main and the 6% engineering fees should not to be included in the pro rata items along Suncreek
Boulevard. After much
discussion,
the Council felt more background on this
item was needed, prior to
making a discussion.
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 1997
PAGE
MOTION: Upon a motion made by Mayor Pro Tem Kerr and second by Councilmember Powyszynski,
the Council voted six (6) for and none (0) opposed to table this item, refer it to a Standing
Committee, and return it to the Council at a later date The motion carried.
Executive Session
(Agenda Item IV)
In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section
551.072, Personnel, Section 551074, Staff Presentations, Section 551.075, the Allen City Council convened
into Executive Session at 9:53 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:
Current and Pending Litigation
Personnel Issues Related to Economic Development
The Executive Session was adjourned at 10:30 p.m.
Reconvene and Consider Action on Items Discussed Durine Executive Session (Agenda Item V)
The Allen City Council reconvened into regular session at 10:35 p.m. on Thursday, September 4,
1997, in the Council Chambers of the Allen Public Library
MOTION: Upon a motion made by Mayor Pro Tem Kerr and second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to approve the recommendation of the Allen
Economic Development Board regarding amendments to the Bylaws and personnel issues for
the Allen Economic Development Corporation The final recommendations will come forward
to the Council for approval at a later date. The motion carried.
Consider Approval of Projects Authorized by Allen
Community Development Corporation (CDC).
(Agenda Item XII)
City Manager Jon McCarty reviewed the projects authorized by the Allen Community Development
Corporation Board All requirements of State law have been met and the sixty-day period to file a referendum
petition against the projects will expire September 17 The total for the six projects is $336,200. Those
projects include:
1. Construction of a footbridge across Cottonwood Creek from the Highland Meadows
subdivision to Ford Park.
2. Expansion of the CD-ROM collection of the Allen Public Library
3 Acquisition of a music collection on CD-ROM for the Allen Public Library
4 Replacement of street signs that are missing, damaged or worn beyond City standards.
5 Construction of new sidewalks along residential streets.
6. Improving the lighting conditions along Allen Heights Road, north of Main Street.
MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Owen,
the Council voted six (6) for and none (0) opposed to authorize the projects listed above as
recommended by the Allen Community Development Corporation Board. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 1997
PAGE 9
Consider Proposed FY 1997-98 Budget (Agenda Item XIII)
Modifications
City Manager Jon McCarty reviewed several changes to the Proposed Budget. Two majors items of
interest include
1. Three additional hours to be added to the library schedule on Monday evening but feel the cost
of that should be limited to $20,000 on an annual basis.
2. One additional administrative position to the Fire Department.
Actual funding for these nems were presented and reviewed with the Council. Council felt if there
were any delay in the opening of the fire station and any hiring is delayed, money for the uniforms should be
made available for the 1998-98 fiscal year budget
Discussion was held regarding the number of additional hours Council requested that the library
remain open in comparison with the dollars it takes to do the same
Staff was asked to maximize the number of hours in the library with the $21,000 being allotted for this
issue, addressing personnel efficiency
Other Business:
A. Election of Central Appraisal District Board
(Agenda Item XIV)
City Manager Jon McCarty reviewed the process for the election for the Central Appraisal
District Board. Council might consider the present Board Member's service and f Imre service
possibilities.
B. Calendar
City Secretary Judy Morrison reviewed various calendar dates of interest for the Council.
C Items of Interest
There were no items of interest.
Adjourn
(Agenda Item XV)
MOTION: Upon a motion made by Councilmember Owen 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 11.29 p.m. on Thursday, September 4, 1997 The motion carried.
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 1997 PAGE 10
These minutes approved on the 18th day of September , 1997
ATTEST:
J y Morr on, CMC, CITY SECRETARY
R
I
APPROVED:
Stephen Terrell, MAYO