Min - City Council - 1997 - 12/04 - RegularI
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997
Present:
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Dave Powyszynski (absent)
Kenneth Fulk
Melissa Owen (absent)
City Staff
Jon McCarty, City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:43 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 6:43 p.m. on Thursday, December 4, 1997, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Open Council Discussion
(Agenda Item III
A letter was received from the Texas Natural Resource Conservation Commission (TNRCC)
documenting that they had officially received our application for membership in the North Texas Municipal
Water District. The City-wide election for membership will need to be held on a uniform election day After
additional information is received from TNRCC, the Council will have the opportunity to select an election
date.
Discussion of Consent Agenda and Regular Agenda
Items
(Agenda Item III)
Discussion was held regarding Consent Agenda Item C, Adopt an Ordinance Confirming Action of
City Council on November 20, 1997, to Allow Hospital Uses and Helistop by Specific Use Permit (SUP)
Located West of Central Expressway (US 75) and North and South of Exchange Parkway Council expressed
desire to institute cautionary checks and balances for the helistop at the new hospital similar to those for the
previous request from EDS.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997 PAGE 2
Discussion was held regarding Consent Agenda Item E, Adopt an Ordinance Confirming Action of City
Council on November 20, 1997, to Approve a Specific Use Permit (SUP) for a Teen Club Located at 1201 E.
Main Street, Suites 220 and 230. The Specific Use Permit for the restaurant near the teen club is being
considered by the Planning and Zoning Commission at the present time to remove the allowance for alcoholic
beverages to be served.
Discussion was held regarding Agenda Item VII, Council Committee Reports. Staff requested Council
adopt the 1997-98 Work Program with an official action
Discussion was held regarding Tabled Item XII, Adopt an Ordinance Establishing Fees for the
Purchase of Cemetery Grave Sites. Council indicated that in order for the entire Council to take action on this
item and it may not be removed from the table.
The workshop session of the Allen City Council was recessed at 6:55 p.m. on Thursday,
December 4, 1997
Executive Session (Agenda Item IV)
In accordance with The Texas Local Government Code, Legal, Section 55 1.071, Property, Section
551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened
into Executive Session at 7:00 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 - Compensation Study and Appointment of Alternate Judge
• Litigation - Parker vs. Allen
The Executive Session was recessed at 740 p.m.
REGULAR SESSION - 7:45 P.M.
With a quomm of the Councilmembers present, the regular session of the Allen City Council was
convened by Mayor Terrell at 7,45 p.m. on Thursday, December 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 five (5) 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 November 20, 1997, Regular Meeting.
B. Approve a Resolution to Acknowledge Freeway Management as Critical to Mobility as
Established by the Dallas Regional Mobility Coalition (DRMC)
ALLEN CITY COUNCIL
REGULAR MEETING
i1 DECEMBER 4, 1997
I
PAGE 3
Resolution No. 1555-12-97(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Adopting Recommendations of the Dallas Regional Mobility
Coalition (DRNIQ Freeway Management Workgroup, Establishing Freeway Management
and Incident Removal from Major Roadways as a Priority, and Encouraging Area /
Regional Alliances to Provide Effective Freeway Management Practices to Improve
Mobility.
C. Adopt an Ordinance Confirming Action of City Council on November 20, 1997, to Allow
Hospital Uses and Helistop by Specific Use Permit (SUP) Located West of Central Expressway
(US 75) and North and South of Exchange Parkway
Ordinance No. 1556-12-97: An Ordinance of the City of Allen, Coffin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-%, so as to Amend the Schedule of
Uses on Tracts One and Two in Planned Development No. 54 (PD -54) to Allow for a
Hospital Use by Right and a Helistop by Specific Use Permit on the Following -Described
Tracts of Land: Tract One Being 30.5 Acres of Land Located in Parcel 8 of the L. K.
Pegues Survey, Abstract No. 702, and a Portion of Parcel 3 of the John Fyke Survey,
Abstract No. 325; and, Tract Two Being 35.3 Acres of Land Located in Parcel 12 of the L.
K. Pegues Survey, Abstract No. 702, Parcel 6 of the John Fyke Survey, Abstract No. 325,
and Lot 1, Block H of the Bray Central Addition, City of Allen, Coffin County, Texas;
Providing for Exhibit "A" Land Use Plan; 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.
Adopt an Ordinance Confirming Action of City Council on November 20, 1997, to Approve a
Site Plan for a Service Station with a Convenience Store Located at the Southwest Corner of
Main Street and Allen Heights Drive.
Ordinance No. 155712-97: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as
Heretofore Amended, by Repealing Ordinance Nos. 510-5-84 and 511-5-84 and Amending
Planned Development No. 33 (PD -33) by Approving A Specific Use Permit And Site Plan
For Gasoline Sales On The Following -Described Tract Of Land: 1.033 Acres Of Land
Located In The Greenwood Valley Installment Addition, Block A, City Of Allen, Collin
County, Texas; Providing For Exhibit "L" Site Plan; 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.
Adopt an Ordinance Confirming Action of City Council on November 20, 1997, to Approve a
Specific Use Permit (SUP) for a Teen Club Located at 1201 E. Main Street, Suites 220 and
230.
ALLEN CITY COUNCIL
REGULAR MEETING
I DECEMBER 4, 1997
PAGE 4
Ordinance No. 1558-12-97: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, by
Amending Planned Development No. 1 by Approving a Specific Use Permit and Site Plan for
a Teen Club on the Following -Described Tract of Land: Suites 220 and 230 of the Allen
Heights Shopping Center, an Addition of the City of Allen, Collin County, Texas; Providing
for Exhibit "F" Site Plan; Providing for Exhibit "G" Terms and Conditions; 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.
F Investment Report.
G Tax Report
H. Approve Bills Associated with the Capital Improvement Program.
1. H. B. Zackry Company (FM 2170/US 75 to Custer Road)
$829,12651
For: Work on McDermott West
Funding Source 1996 Street Bonds
N Period: November 26. 1997
P
2. Ed Bell Construction Co. (ASPI-Cedar Drive)
$55,764 43
For Construction of Cedar Drive
Funding Source. CDC, 1997 Bonds
Period: October 26 thru November 25, 1997
3. David C Baldwin, Inc (Neighborhood Park Renovations)
$3,255.38
For: Park & Playground Planning Services
Funding Source: 1994 Park Bonds
Period: thru November 30, 1997
4. Casco Industries Incorporated (Station N4)
$2,304.00
For: Equipment
Funding Source: 1996 Bonds
Period: October 17, 1997
5. Alpha Testing, Inc. (Bethany Drive/US 75 to BelAir)
$127.00
For: Testing
Funding Source: Watters Crossing Facility Agreement
Period: October 31, 1997
6 Alpha Testing, Inc. (Asphalt Overlay, Total Reconstruction)
$1,767.25
For: Testing
Funding Source: 1994 Bond Funds
Period: October 31, 1997
L
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997 PAGE 5
7 Graham Associates, Inc. $1,995.00
(Flood Control Project for Mustang Creek North of FM 2170)
For: Fema Design 404 Permit and Bike Trail/Mustang Creek
Funding Source: 1994 Street/Drainage Bonds
Period: Services thin October 21, 1997
8. Saber Development Corp (Drainage Improvement Allenwood Area) $67,208.00
For: Allenwood Keith Drive Project
Funding Source: 1996 Street/Drainage Bonds
Period: Services thin 11/25/97
9 Dowager Construction, Inc. (Drainage Improvements on Ridgemont)
$21,773.70
For: Ridgemont Drainage Improvements
Funding Source: Drainage Fund Balance
Period. November 1 thru November 30, 1997
10. Moss Construction Co., Inc. (24" Water Line from Exchange to Main)
$62,244.00
For: 24" Water Main along SH 5 and Jupiter
Funding Source 1995 Water Bonds
Period: Services aim November 24, 1997
11. L.A. Sears Construction, Inc. (Bethany Drive/US 75 to BelAir)
$79,431.71
For November Work
Funding Source: 1992 Street Bonds
Period: November 25. 1997
12, Trinity Engineering Testing Corp. (10" Sanitary Sewer in Watson Drive) $1,657.00
For. Sanitary Sewer Repairs
Funding Source: 1995 Water/Sewer Bonds
Period: Services thm November 30, 1997
13 Moss Construction Co., Inc. (10" Sanitary Sewer in Watson Drive) $80,711.46
For: Sanitary Sewer Repairs
Funding Source 1995 Water/Sewer Bonds
Period Services thin November 24, 1997
The motion carried.
End of Consent of Consent Agenda
Council Committee Committee Re�rts (Agenda Item VII)
Development Services:
• No Report
Services:
• No Report
Finance/Administration:
• Compensation/Classification Study
• Health and Dental Insurance.
• Telephone License Agreement
Mayor's Cmmnittee:
PAGE 6
• Current Council Agenda.
• Parks Department received the following awards. Innovation Award for the Geo Thermal System
in the Joe Farmer Recreation Center and Excellence in Programming (Best Program in the Region
5 area for a single event - USA Celebration)
• Introduction of Police Chief Bill Rushing
A. Tabled Item: Status Report on Work Program for Fiscal Year (FY) 1996-97
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted five (5) for and none (0) opposed to remove this item from the Table. The
motion carried.
Services Standing Committee:
Completed
1. The new Animal Shelter is in service effective September 30, 1997
2. Automated Library Services in operation lune 1, 1997
3. K-9 Unit has been implemented and is fully operational effective September 30,
1997
4. Library Internet Use Policy is complete and policy adopted by Council on March 31,
1997
5. New Grass Fire Truck is in service effective November 28, 1997
6. Promote positive image of the City of Allen.
7 Second ambulance is in service 15 hours per day as of June 4, 1997
8. Fire Truck for Station N4 is in service at Station N2.
Finance/Administration Standing Committee:
• Completed
1. Chose to stay with Peat -Marwick for annual audit.
2. Recommended date and amount for successful city hall bond election.
3. Set schedule and formats for Council planning events (e.g. spring planning session,
budget retreat)
4 Reviewed policy for city government access channel from Telecom Board, and
recommended adoption by Council.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997
Services:
• No Report
Finance/Administration:
• Compensation/Classification Study
• Health and Dental Insurance.
• Telephone License Agreement
Mayor's Cmmnittee:
PAGE 6
• Current Council Agenda.
• Parks Department received the following awards. Innovation Award for the Geo Thermal System
in the Joe Farmer Recreation Center and Excellence in Programming (Best Program in the Region
5 area for a single event - USA Celebration)
• Introduction of Police Chief Bill Rushing
A. Tabled Item: Status Report on Work Program for Fiscal Year (FY) 1996-97
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted five (5) for and none (0) opposed to remove this item from the Table. The
motion carried.
Services Standing Committee:
Completed
1. The new Animal Shelter is in service effective September 30, 1997
2. Automated Library Services in operation lune 1, 1997
3. K-9 Unit has been implemented and is fully operational effective September 30,
1997
4. Library Internet Use Policy is complete and policy adopted by Council on March 31,
1997
5. New Grass Fire Truck is in service effective November 28, 1997
6. Promote positive image of the City of Allen.
7 Second ambulance is in service 15 hours per day as of June 4, 1997
8. Fire Truck for Station N4 is in service at Station N2.
Finance/Administration Standing Committee:
• Completed
1. Chose to stay with Peat -Marwick for annual audit.
2. Recommended date and amount for successful city hall bond election.
3. Set schedule and formats for Council planning events (e.g. spring planning session,
budget retreat)
4 Reviewed policy for city government access channel from Telecom Board, and
recommended adoption by Council.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997 PAGE 7
5. Reviewed service by City staff to major business group concerning
telecommunications issues
6. Recommended greater promotion of Council members' voice mail through newsletter
and Allen American.
7 Recommended competitive bids for garbage and recycling collection.
8. Recommended new contract with AISD for tax collections, at a 33 % savings
9 Voted to drop program to set multi-year strategy to reduce property tax rate, in favor
of New Revenue Sources program.
B. Tabled Item: Approve FY 1997-98 Standing Committee Work Programs
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted five (5) for and none (0) opposed to remove this item from the Table. The
motion carried.
Services Standing Committee:
• Underway
1.
Budding Maintenance Policy - Protect City's investment, safety, and well being of
public and staff.
2
Gun Range is tabled and on the work plan, but inactive
3.
Multi -City Training Facility is being built by Collin County Community College on
the campus in McKinney Completion date unavailable.
4.
Police Information System is being tested and should be installed soon
5.
US 75 Study - Preliminary plan for developing landscape guidelines and maintenance
standards for the US 75 corridor.
6.
Allen Station Park
• Ongoing/Continuous
1.
Community Policing - Currently, one position is partially funded through a federal
grant.
• New Items For 1997-98 Work Program
1.
Develop recommendation for Allen Station Phase 11 development, including
coordination of Park Board and 4B board input.
2.
Develop Allen Station Park grant proposal and declare date to include project on a
bond election.
3.
Upgrade the computer-aided dispatch to provide printout message to stations.
4.
Revise the 1994 Fire Code to the 1997 Fire Code with revisions
5.
Complete construction and staffing of Fire Station #4.
6.
Approve specifications and purchase vehicle for the Heavy Rescue unit
7
Acquire land for Fire Station #5 either by purchase or dedication by developer
8
Authorize focus groups' input prior to Library building expansion.
9
Authorize sale of bonds for Library building expansion.
10.
Update current Library Ordinance regarding fines/fees for lost, damaged and overdue
materials.
11.
Approve Library Board's plan for fundraising.
ALLEN CITY COUNCIL
�REGULAR MEETING
DECEMBER 4, 1997
PAGE 8
12 Recommendation for Council action on the Long -Range Library Plan.
13 Develop median design standards to be implemented on all City of Allen
thoroughfares.
14. Determine means for acquiring mobile data computers (MDC).
15. Construct and open indoor pool for recreation and competitive uses
16. Neighborhood park construction and improvements for Hillside Playground, Reed,
Green, Shadow Lakes, Rolling Hills and Heritage Parks,
17 Develop cost/time analysis to operate the Parks Division.
18. Prepare an implementation strategy for the Park Operations Labor Study to be
presented at Spring Planning Session.
19 Installation of the Police CJIS2000 records management system.
20. Joint radio communication system between the Cities of Allen, Frisco and Plano
21 Recommendation for Council action regarding master plan of Rowlett Creek from SH
5 to McDermott Drive including "The Woods" of Suncreek.
22 Create traffic division Establish criteria to measure effectiveness. Develop tracking
mechanism Provide statistical reports.
Finance/Administration Standing Committee:
• Underway
1. Reviewing Compensation -Classification Study and preparing recommendations for
December approval
2 Reviewed use of customer satisfaction survey for Operations Strategy, with respect to
code enforcement/property maintenance inspections
3. Reviewing staff recommendations regarding combined meter reading services.
4. New Revenue Sources: will review water/sewer rate study and impact fee study
when completed
• On-going
1. Review annual audit.
2. Set schedule and format for Council planning events.
3. Recommend a rate order for TCI prices effective June 1998.
4. Evaluate feedback from customers on a variety of City services.
5 Recommend updates to PP/PM as needed.
• New Items For 1997-98 Work Program
I
Recommend date and amount to sell bonds for city hall construction and other capital
improvements
2
Evaluate costs versus benefits of compiling Certified Annual Financial Report.
3.
Recommend visioning and/or Council governance model and training
4
Recommend whether to self -fund employee benefits plan.
5
Review study and make recommendations regarding impact of public investments,
including economic development incentives
6.
Recommend new franchise model for telephone companies
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997
PAGE 9
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted five (5) for and none (0) opposed to approve the 1997-98 Work Program. The
motion carried.
Citizen's Comments (Agenda Item VIII)
Mr Terry Shelton of Brookshires Food Stores, 109A Greenville, Allen, Texas, expressed concern
regarding the delay in construction on FM 2170. This delay has affected the financial stability of the
businesses in this area Mr. Shelton stated that he hopes that the City has learned from this experience of
dealing with the State so the same circumstances will not take place during SH 5 construction. He offered
assistance to serve on a committee, if needed.
Mr. Elmer Leslie, 117 N. Greenville, Allen, Texas, stated that the same growth that has fueled retail
growth has fueled the need for infrastructure improvements. The current construction performance cannot be
allowed. Mr. Leslie proposed that the City form a committee to deal with the following issues 1) meet with
State to get voice and understanding of the contract, 2) make sure poor performers do not repeat work in town;
and, 3) make sure the City understands what is happening in the future so it doesn't happen again.
Mr Kris Johansen, 109B N. Greenville, Allen, Texas, spoke on behalf of businesses being affected by
the construction. Fifty to one hundred businesses are being affected by this inconvenience Mr. Johansen
asked Council for help in facilitating a timely completion of this construction. We need to look at future
projects to make sure this doesn't happen again.
Mr Will Richardson, 1127 Fairfax, Allen, Texas, spoke in favor of Agenda Item X, Public Hearing to
Consider the Recommendation of the Planning and Zoning Commission to Rezone Approximately 13 Acres of
Land Located South of McDermott Drive and West of Alma Drive as Requested by Bon Terre -B, Ltd., and the
Episcopal Diocese of Dallas He stated that the church site goes well with the neighborhood and feels that the
natural beauty of the site will be preserved.
Public Works Director George Conner informed the Council that the most recent schedules show to
split the traffic on FM 2170 on the west bound lanes by January 1. By the end of January, the project should
be complete The contractor will be penalized $1,500 per day for late days.
Council suggested that when contractor is not on the job, the contractor and the state be called to find
out where they are.
Council would like to form a partnership with the community so the same patterns will not continue on
SH 5 The citizens were encouraged to make an effort to keep these businesses viable.
Ms. Shannon Johansen, 1098 N. Greenville, Allen, Texas, stated that she feels that if everyone works
together the businesses will survive. The businesses rallied behind State Representatives and now we need to
ask them for their support. The businesses help support the Allen Independent School District and community
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997
PAGE 10
Public Hearing to Consider Recommendation of the (Agenda Item IIt)
Planning and Zoning Commission to Change the
Zoning to Planned Development -Garden Office (PD -
GO) on 5.309 Acres of Land Located at the Southeast
Corner of SH 5 and Buckingham Lane as Requested
by S.P.S. Mann
Community Development Director Bill Petty indicated that the subject property is an approximate 5.3
acre parcel located at the southeast side of SH 5 and Buckingham Road. The proposal is less restrictive than
the ordinance in regards to front yard setbacks and more restrictive when considering height. The Planning
and Zoning Commission has recommended two entrances on SH 5, proponent will not be required to improve
Buckingham Lane, and that the following uses be eliminated from the Garden Office use chart, day care for
children, day care for disabled or elderly; drug store or pharmacy; installation of radio, stereo, cellular phones;
radio. TV, or microwave tower; and indoor retail store. In addition, parking shall be permitted beyond 50 feet
from SH 5, but within the 100 -foot setback.
Mr. Mann, proponent, requested approval of this item and has addressed all concerns of property
owners within 200 feet of his property The look will be compatible with the surrounding residential zoning.
!b Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
��II request to do so at this time.
Ms. Deborah Knauss, 1301 Spring Creek Parkway, Allen, Texas, did not speak, but wished to express
her opposition to this item
Ms. Susan Ruder, 130 Buckingham Lane, Allen, Texas, spoke in opposition to this request. She stated
that the residents had understood that this area would be zoned residential.
Mr. Michael Perkins, 140 Buckingham Lane, Allen, Texas, spoke in opposition to this zoning change.
He asked that this area remain residential.
Mr. Neil Mackey, 135 Buckingham Lane, Allen, Texas, spoke in opposition to this request He
questioned whether the setback for parking off SH 5 is from the property line or from future SH 5. (It is from
the SH 5 right-of-way line)
Mr James Unruh, 28 Buckingham Lane, Allen, Texas, spoke in opposition to this request. He
expressed concern as to whether plans other than the one presented tonight could be considered.
Ms. Terri Pescatore, 703 Meadowcreek, Allen, Texas, owner of 131 Buckingham, expressed
opposition to this request, questioning whether this would really be the plan for this property, if retaining walls
would be required, etc
The following individuals spoke in favor of the request: Mr. Jeff Poole, 111 East Estelle, Allen,
Texas; Mr. Larry Francisco, 26 Cedar Bend Circle, Allen, Texas; and, Mr Woody Wells, 1520 N. Greenville
Avenue, Allen, Texas.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997 PAGE 11
With no one else speaking for or against the request, Mayor Terrell closed the public hearing
Council discussed increasing the screening requirement along the eastern boundary to act as a buffer to
the residential community and requiring that all screening be in place before the first budding goes in.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Gallagher, the
Council voted four (4) for and one (1) opposed, with Councilmember Thomas casting the
opposed vote, to confirm the recommendation of the Planning and Zoning Commission to
approve the change in zoning from Agriculture -Open Space (A -O) to Planned Development -
Garden Office (PD -GO) with an amendment to require plantings of sufficient number and size
of staff -approved trees to be planted along the eastern side of the budding to eventually enhance
the screening effects from the residential properties. The motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item X)
the Planning and Zoning Commission to Rezone
Approximately 13 Acres of Land Located South of
McDermott Drive and West of Ahna Drive as
Requested by Bon Terre -B, Ltd. and the Episcopal
Diocese of Dallas
Community Development Director Bill Petty Indicated that this tract was zoned for Multifamily 18 in
1992 but has not been developed. Bon Terre -B Ltd. and the Episcopal Diocese of Dallas have requested
Garden Office (GO) on Tract B (3.5 acres) and Community Facility (CF) on Tract A (9 4 acres). The principal
uses identified in the CF District are limited to Church or Rectory and School, Public, Proprietary or
Denominational. The other uses (day care, recreation area, etc.) are either ancillary or temporary to the main
uses. The proposed uses in the GO District have been limited to those identified in the regulations. However,
the following uses have been added to those uses currently permitted in the GO District Bakery or
Confectionery, Needlepoint and Craft Shop, and Veterinary Office with no outside runs.
Mr. Walter Humane stated that he felt that this could be one of the most outstanding church properties
in the area.
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 for or against the request, Mayor Terrell closed the public hearing
A median cut is compatible with property across the street and letters have been received from those
owners to this effect. Screening along the western property line is varied to fit in with surrounding fencing.
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted five (5) for and none (0) opposed to confirm the recommendation of the Planning
and Zoning Commission to amend Tract 5 of Planned Development No. 26 to change the
zoning from Multifamily 18 to Community Facility on Tract A and Garden Office on Tract B.
The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997
PAGE 12
Public Hearing to Consider the Recommendation of (Agenda Item XI)
the Planning and Zoning Commission to Amend the
Front Building Line from 25 Feet to 20 Feet on
118.7479 Acres of Land Located at the Northwest
Corner of Alma Drive and Exchange Parkway as
Requested by D. R. Horton, Inc.
Community Development Director Bill Petty indicated that the request is to amend this Planned
Development to allow for a reduction in the front yard setbacks from twenty five (25) feet to twenty (20) feet
and rear yard setbacks from fifteen (15) to twenty (20) feet
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 for or against the request, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted four (4) for and one (1) opposed, with Mayor Pro Tem Kerr casting the opposed
vote, to confirm the recommendation of the Planning and Zoning Commission to amend the
setback requirements as requested. The motion carried.
Tabled Item: Adopt an Ordinance Establishing Fees (Agenda Item XII)
for the Purchase of Cemetery Grave Sites
MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Gallagher, the
Council voted three (3) for and two (2) opposed, with Mayor Terrell and Mayor Pro Tem Kerr
casting the negative votes, to remove this item from the Table. The motion carried
Parks and Recreation Director Don Horton informed the Council that there are approximately 200 lots
remaining at the cemetery Some concerns include the philosophy of future purchasers funding past
purchasers. Also, non-residents are purchasing lots because of the price factor Mr. Horton raised the
question as to whether the City should look at a policy regarding this issue.
Council questioned if documentation of past sale of lots was researched and if the money from the
General Fund could be placed in the Endowment Fund to allow for a self-sufficient project
MOTION: A motion was made by Councilmember Thomas to approve Staffs recommendation of
allowing for the sale of grave sites to be set at $600 and that the effective date of the new
ordinance be upon adoption. The motion died for lack of a second
MOTION: A motion was made by Mayor Pro Tem Kerr to set cemetery fees at $300 per lot and restrict
the sale of lots to current, past or future residents of Allen. The motion died for lack of a
L second
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997
PAGE 13
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Thomas, the
Council voted two (2) for and three (3) opposed, with Mayor Terrell, Mayor Pro Tem Kerr and
Councilmember Gallagher casting the negative votes, to set cemetery fees at $600 per lot and
restrict the sale of lots to current or former residents of Allen. The motion was defeated.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the
Council voted four (4) for and one (1) opposed, with Councilmember Thomas casting the
negative vote, to Table this item and request that Staff provide additional data regarding a
Market Analysis of small town cemeteries, restrictions on purchasers, the amount of money in
the past that was placed in the General Fund rather than the Endowment Fund, and ownership
of land. Council questioned the ability of the City Manager not adhering to the current
Ordinance and also requested that Staff check with the City Attorney as to the validity of the
current Ordinance and whether the City Manager has the ability to refuse to sell lots as
requested. The motion carried
Consider License Agreements to Provide Local (Agenda Item XIII)
Exchange Telephone Services
Li Assistant City Manager Michael Stanger informed the Council that the Federal Telecommunications
Act of 1996 endeavored to make competition possible for local exchange telephone service Today, at least
three companies are preparing to enter the Allen market. The Telecom Act protects cities' authority to manage
public right-of-ways. When a City does approve a license for a competitor to provide local exchange service,
it will activate a provision in the Southwestern Bell franchise agreement, requiring the City to open negotiations
with Bell for a new agreement. This will be a beginning point, knowing that many changes will take place in
the next year.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted five (5) for and none (0) opposed to approve the agreement as to form to be used
by the City Manager for competitive phone service as recommended by the
Finance/Administration Standing Committee. The motion carried.
Adopt an Ordinance Amending the Current Speed (Agenda Item XIV)
Limit Ordinance
Public Works Director George Conner informed the Council that McDermott Drive (FM 2170) has
been taken off the State system and placed under the jurisdiction of the City Bethany Drive has been extended
to the west from US 75. Watters Road has been extended south from McDermott Drive to Bethany
McDermott Drive currently has a speed limit of 55 mph to 45 mph. Bethany and Watters are new roads
Speed zone studies have been conducted by City Staff as required by State law Council requested minor
changes in the speed limits which are reflected in the ordinance.
E
I
I
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997
Ordinance No. 1559-12-97: An Ordinance of the City
of Allen, Texas, Amending Section 1-40 of the Allen
Vehicle and Traffic Code, Ordinance No. 259, as
Previously Amended by Ordinance Nos. 309, 482-12-
83, 7248-86, 859-6-88, 962-12-89, 1014-1-91, 1053-10-
91, 1177-5-93, 120410-93, 1475-11-96 and 1497-5-97,
and Chapter 9, "Motor Vehicles and Traffic," Article
V, "Operation of Vehicles," Division 2, "Speed
Regulations," Section 9-135 of the Allen Code of
Ordinances; Altering the Prima Facie Speed Limits
Established for Vehicles Under the Provisions of
V.T.C.A., Transportation Code Section 545.356,
upon Bethany Drive, FM 2170 (McDermott Drive)
and Watters Road, or Parts Thereof, Within the
Corporate Limits of the City of Allen, as Set Out in
this Ordinance; and Providing Penalty Clauses,
Severability Clauses and an Effective Date.
PAGE 14
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted five (5) for and none (0) opposed to approve Ordinance No. 1559-12-97 as
previously captioned in accordance with Staff's recommendation. The motion carried.
Approve Employee Compensation Study
(Agenda Item XV)
Council expressed concern regarding entry level positions having a lower starting salary than currently
in effect. The City Manager will work on a system to deal with issues through an appeal process that need
further attention.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the
Council voted five (5) for and none (0) opposed to approve the Employee Compensation &
Classification Study and that any pay changes that would have normally occurred on the pay
period of October 4" be applied retroactively to employees' pay as recommended by the
Finance/Administration Standing Committee. The motion carried
Other Business
(Agenda Item XVI)
Calendar
December 5, 1997
Employee Awards Dinner 6:30 p m. Quarter I Ranch
December 6, 1997
"Home for the Holidays"
Celebration All Day City-wide
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 4, 1997
B. Fun Time Live
PAGE 15
Parks and Recreation Director Don Horton reported that the City would like to do this program
in-house beginning in January The fees would remain the same Operating the program
would give more control to the City
C. Items of Interest
Public Works Director George Conner reported that Exchange Parkway should be completed in
mid-January The only work left to be completed is the railroad crossing. There are six
parcels needed along SH 5 for right -of -entry A concern was expressed regarding a split in the
SH 5 project Staff from the Allen Independent School District and City will be visiting with
legislators to see what can be done regarding the remaining pieces of property needed.
Reconvene and Consider Action on Items Discussed (Agenda Item V)
Durine Executive Session
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 appoint John R. Lawson as Alternate
Municipal Court Judge and authorize the Mayor to execute a professional contract between
John R Lawson and the City of Allen. The motion carried.
(Agenda Item XIII)
MOTION: Upon a motion made by Councihnember Gallagher and a second by Mayor Pro Tem Kerr, the
Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 1.17 a.m. on Friday, December 5, 1997 The motion carried
These minutes approved on the 4th day of December, 1997
APPROVED:
i z
Stephen Terrell, MAYOR
ATTEST:
l y, CITY.S CRE
hh y Morr n, CMC, CITY SECRETARY