Min - City Council - 1998 - 02/19 - RegularALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998
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
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 in on Thursday, February 19, 1998, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Staff or Proponent Presentations (Agenda Item II)
A. Future Agenda Items
Review of COPS Grant -- Chief Rushing
The grant will be used for salary and benefits only There are certain restrictions of the
grant including:
1. Each year of the grant, the federally funded portion of the grant must decrease in
percentage.
2. Each year of the grant, the locally funded portion of the grant must increase in
percentage
3. The total amount funded, under the grant, for each officer must not exceed 75% of the
total cost incurred or $75,000, whichever is smaller.
4 For grants under $500,000, the grantee must submit a complete Equal Employment
Opportunity Plan certification form to the Officer of Justice Programs, Office of Civil
Rights, within 120 days of the grant award. The City of Allen must have and retain an
E.E.O.P on file for inspection - should one arise.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998
PAGE
5 After completion of the grant funding, officers hired by the agency cannot be dismissed
from employment
It was felt Inspectional Service and Community Programs would be enhanced The
community involvement will be gradually phased in. An attempt will be made to hire these
officers in August.
• Discussion was held regarding concerns of young people gathering in certain areas.
Citations have been issued. The Allen Independent School District is working with the
Police Department on this issue.
• The City Manager and Mayor attended a public hearing of the Texas National Resource
Conservation Commission in response to Allen's request for annexation into the North
Texas Municipal Water District (NTMWD). The City discussed the growth of Allen and
the cooperation of Allen and NTMWD. With the service they provide, they are an integral
piece to the growth of Allen and we need to participate by being a voting member and
contributing to the planning and execution of that planning for future growth. The judge
did recommend that there is a benefit to both parties and that an election should be called.
E"! B Current Agenda Issues
® There were no current agenda issues discussed.
C. Items of Interest
• The Mayor reviewed the process of the Regional Transportation Council membership
• Councilmember Owen is the voting representative for the North Central Texas Council of
Governments and has voted to expand the Board from 11 to 13 members and authorize
certain minor by-law amendments.
• Part-time Public Information Officer Mary Vail developed and distributed questions for the
Council in developing the master plan for the Public Information Officer.
• George Colmer presented a video update on road progress in Allen. He also reviewed the
phased construction on FM 2170 east. He showed the Council the new logo for street signs
with which Council was pleased.
Council Discussions (Agenda Item III)
There were no open Council discussions held.
The Workshop Session was recessed at 7:20 p.m.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998
REGULAR MEETING - 7:37 P.M.
PAGE 3
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7:37 p.m. on Thursday, February 19, 1998, 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 Powyszynski,
the Council voted seven (7) 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 February 5, 1998, Regular Meeting.
B. Approve Minutes of the February 12, 1998, City Council/AISD Board of Trustees/Allen
Chamber of Commerce Triad Meeting.
C. Accept Resignation and Declare a Vacancy in Place No. 5 of the Allen Sign Control Board.
D. Authorize Contract and Approve Budget for Purchase of a Five -Gang Hydraulic Reel Mower.
Council authorized the City Manager to negotiate and sign a contract with Professional Turf
Products for the purchase of a Five -Gang Hydraulic Reel Mower for $32,454.09
E. Authorize Contract and Approve Purchase of a Replacement Tractor through the H.G.A.C.
Council authorized the City Manager to negotiate and sign a contract with H.G.A C. for the
purchase of a John Deer 5210 with bucket for $19,398,00.
F Adopt Motor Vehicle Ordinance Authorizing Penalty in Accordance with State Law
Ordinance No. 1572-2-98: An Ordinance of the City of Allen, Texas, Amending Section 1-
40(b) and 1-46 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as previously
amended, and Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of
Vehicles," Division 2, "Speed Regulations," Section 9-135(6) and 9-137(f) of the Allen Code
of Ordinances by Providing a Penalty of Fine Not to Exceed the Sam of Two Hundred
Dollars ($200.00) for Each Offense; Providing a Severability Clause and an Effective Date.
G. Tax Report.
H. Approve Bills Associated with the Capital Improvement Program
1. Kennedy Arbor (Bethany Drive/US 75 to BelAir) $6,150.00
For: Work on Bethany
Funding Source: 1985 Street Bonds
Period: January 31, 1998
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998 PAGE 4
2.
Clark Condon Associates (Allen Station Park)
$1,93500
For: Allen Station Park Basic Services
Funding Source: 1996 Park Bonds
Period thm January 31, 1998
3.
H. L. Zumwalt Construction (Allen Station Park, Phase I)
$236,455.00
For: Construction of Allen Station Park
Funding Source: CDC, 1997 Bonds
Period January 31, 1998
4.
Ed Bell Construction Co. (ASPI-Cedar Drive)
$50,190.56
For: Construction of Cedar Drive
Funding Source: CDC, 1997 Bonds
Period: January 30, 1998
5.
Trinity Engineering Testing Corporation (ASPI-Cedar Drive)
$36.00
For: Testing Services
Funding Source, CDC, 1997 Bonds
6.
Period. January 30, 1998
David C. Baldwin, Inc. (Neighborhood Park Renovations)
$3,271.00
For: Park and Playground Planning Services
Funding Source: 1996 Park Bonds
Period thru January 30, 1998
7
Bon Terre Suncreek (Alma Drive/McDermott to Bethany)
$16,910.00
For: Work on Alma
Funding Source: Escrow Funds (Interest Earned)
Period: January 31, 1998
8.
BRODART (CD-ROM Music)
$358.57
For: CD Holders
Funding Source: Operating Funds
Period: February 1998
9
Trinity Engmeering (FM 2170/US 75 to Custer Road)
$1,825 00
For: Testing
Funding Source: 1996 Street Bonds
Period, January 30, 1998
10.
Sartor TV Video Studio (Station q4)
$1,484.85
For: Furniture
Funding Source: 1996 Bonds
Period: February 5, 1998
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998 PAGE 5
11 Rey Bach, Inc. (Station #4) $35,933.00
For. Construction
Funding Source: 1996 Bonds
Period: thm January 30, 1998
The motion carried.
End of Consent Aeenda
Council Committee Reports (Agenda Item VII)
Services:
• Update on Joint Radio Communication System
• Update on Fire Station #4.
• Rowlett Creek Study
• Allen Station Park.
• Neighborhood Park Bids.
• Community Development Corporation.
Finance/Administration:
• No Report.
Development Services:
• Multi -Family Issues.
• Update on Comprehensive Plan.
• Property Acquisition.
Mayor's Committee:
• Current Council Agenda.
• City Hall Project.
Citizen's Comments (Agenda Item VIII)
There were no citizen's comments.
Tabled Item: Consider the Recommendation of the (Agenda Item IX)
Planning and Zoning Commission to Place
Permanent Zoning of Multi -Family 18, Residential -
5(C) and Community Facilities on a 61.437 -Acre
Tract Located East of Custer Road between
McDermott Drive and SH 121 as Requested by
Warren R. and Georeia Blackmon
ALLEN CITY COUNCIL
! REGULAR MEETING
FEBRUARY 19, 1998 PAGE 6
MOTION: Upon a motion by Councilmember Powyszynski and a second by Councilmember Owen, the
Council voted seven (7) and none (0) to remove this item from the Table. The motion carried.
Community Development Director Bill Petty reviewed three proposals that the proponents have
submitted in response to Council's request.
Mr. Pat Atkins of Tipton Engineering and Mr. Peter Shaddick presented background of the request.
They first of all looked at townhouses, but it was not a viable possibility The proposal presented shows 276
lots, single family, deleting multi -family entirely The proponents feel this addresses the issues and concerns
expressed by Council at the last meeting.
Twin Creeks has a cap on number of units on eastern property line but they have a mixture of home
sizes.
Discussion was held regarding the location of open space accessibility They were asked to look at a
single -loaded street. Council wishes a wider, open space strip with a single -loaded street accessing the large
open space. They suggested a 4.2 density exclusive of Community Facilities. Proponent was asked to look at
a possible larger product next to Twin Creeks, east and possibly south so they will blend appropriately
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted
six (6) for and one (1) opposed with Councilmember Powyszynski casting the negative vote, to
table Agenda Item IX to the March 5 City Council agenda and take under advisement Council
discussions. The motion carried.
Consider an Ordinance Establishing the Allen Arts (Agenda Item X)
Alliance as an Advisory Board to the Council and
Staff
Ms. Barbara Eubanks representing the Leadership Allen Class IX presented information requesting the
establishment of a City board. Support from various groups in the community were shared.
Council applauded the group for its hard work and desire to promote this idea.
Ordinance No. 1579-2-98: An Ordinance of the City
of Allen, Collin County, Texas, Establishing an
"Allen Arts Alliance Board"; Setting the
Membership at Seven (7); Providing the
Qualifications of the Members; Providing the
Officers of the Board; Establishing the Powers and
Duties of the Board; and Declaring the Effective
Date of the Ordinance.
�i 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 approve and adopt Ordinance No.
1579-2-98 as previously captioned with the amendment to pull the "term limit" sentence. The
motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998
PAGE 7
Public Hearing on a Request to Establish (Agenda Item XI)
Reinvestment zone #17 to Support a new Facility in
Allen and Adopt an Ordinance Implementing
Reinvestment Zone #17
Economic Development Director David Pitstick indicated that Texas Health Systems (formerly
Presbyterian System) intends to develop a 45,000 square foot medical office building to support their
ambulatory care center at the intersection of Exchange Parkway and US 75 in Allen, Texas The medical
office building will employ approximately 100 and involve an investment of $6.6 million (including land).
Mr. Mark Bennett spoke on behalf of Texas Health Systems.
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.
Ordinance No. 1580-2-98: An Ordinance of the City
of Allen, Collin County, Texas, Designating a
Certain Area as Industrial Reinvestment Zone No.
17; Providing for the Establishment of Agreements
within the Zone, and Other Matters Relating
Thereto; Providing Findings of Fact; Providing a
Severability Clause; and Providing an Effective Date
for the Commencement of the Reinvestment Zone
and this Ordinance.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councdmember Gallagher,
the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No
1580-2-98 as previously captioned. The motion carried.
Approve Budget and Authorize Contract for (Agenda Item XII)
Professional Services Related to the City Hall
City Manager Jon McCarty reviewed the contract, scope of services, budget, and architect
compensation.
Council was pleased with the contract but questioned the scheduling of site design prior to budding
program.
The architect assured that a computer document of the project as requested would be made available
with restrictions.
There may be several separate contracts during this project. A focus group will be set for input during
the process.
11
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998
Source of Funds
a Bond Sale $6,900,000
b. McDermott contribution 139,147
c. Civic Plaza landscape set aside 177,066
TOTAL
Expenditure Cateeories
a. Land acquisition
$174,354*
b. Construction (approx. 45,000 sf)
3,857,341
c. Parking, site utilities and
landscaping (includes Civic Plaza)
909,601
d. Furniture and equipment
616,650
e Telecom/data system design/construction
80,000
I. Fees -- architect, testing,
surveys, soil reports and printing
395,351
Subtotal
g. Inflation set aside
417,578
h. Contingency
765,338
TOTAL PROJECT BUDGET
$6,033,297
*This amount will be supplemented, if necessary, from other funds
$7,216,213
$7,216,213
1711"*1
MOTION: Upon a motion made by Councilmember Powyszymki and a second by Councilmember Fulk,
the Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute
the Architectural Services Contract with Ron Hobbs Architects, approve the initial City Hall
Project budget and appoint a Citizens' Focus Group as recommended by Staff. The motion
carried.
Adopt an Ordinance Amending Property
Maintenance Ordinance No. 1429-5-% to Include a
new Section 7 -- Multi -Family Requirements
(Agenda Item XIR)
Community Development Director Bill Petry indicated the ordinance would specifically identify criteria
related to multi -family projects along with those currently being enforced on single-family districts.
Ordinance No. 1581-2-98: An Ordinance of the City
of Allen, Collin County, Texas, Amending Property
Maintenance Ordinance No. 1429-5-96, so as to
Include a New Section 7, Multi -Family
Requirements as Shown in Exhibit "A" Attached
I
I
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998
Hereto; to Renumber the Existing Sections 7
Through 11 Accordingly; Providing for a Penalty of
Fine not to Exceed the Sam of Two Thousand
Dollars ($2,000.00); Declaring an Emergency; and
Providing for an Effective Date.
PAGE
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 and adopt Ordinance No.
1581-2-98 as previously captioned in accordance with the recommendation of the Planning and
Zoning Commission. The motion carried.
Quarterly Financial Report
(Agenda Item XIV)
Finance Director Linda Vaughan reviewed the Quarterly Financial Report for the first quarter
Overall, revenues are above expenditures and all departments are within budget.
Tabled Item: Set March 26 and 27, 1998, m the
Dates for the Special Called Meeting for the Purpose
of a Policy Governance Workshop
(Agenda Item XV)
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Powyszymki, the
Council voted seven (7) and none (0) to remove this item from the Table. The motion carried
Councilmember Thomas will coordinate the date for the next meeting.
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 table setting the date for the Policy
Governance Workshop. The Motion carried.
Other Business (Agenda Item XVI)
A. Calendar
DRMC March 30, 1998
Chamber Banquet February 21, 1998
• Set Date for Joint Workshop with Planning and Zoning Commission Concerning the
Comprehensive Plan
Council set March 16, 1998, at 4:00 p.m. for the Joint Workshop with the Planning and
Zoning Commission
B Items of Interest
• Council was represented at the Legislative Committee on Urban Affairs. Discussion was
held regarding the year 2000, the Validation Act and 4A -4B Act
A
P
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 19, 1998
PAGE 10
City Secretary Judy Morrison reported all incumbents have filed and two additional
candidate packets are out.
The Regular Session was recessed at 10:21 p.m.
Executive Session
(Agenda Item XIV)
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 10:40 p in. in the Council Chambers of the Allen Public Library, Two Allen Civic
Plaza, Allen, Texas, in order to continue discussing matters pertaining to
• Personnel - Merit Pay Plan, Evaluations
• Appointments
The Executive Session was adjourned at 12:00 a.m. on Friday, February 20, 1998.
Reconvene and Consider Action on Items Dlsrnssed
Durina Executive Session
(Agenda Item V)
The Allen City Council reconvened into regular session at 12:02 a.m. on Friday, February 20, 1998, in
the Council Chambers of the Allen Public Library There was no action taken on items discussed during
Executive Session.
Adiourn (Agenda Item XVI)
MOTION: Upon a motion made by Councihnember Kerr and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 12:02 a.m. on Friday, February 20, 1998. The motion carried.
These minutes approved on the 5th day of March, 1998
ATTEST:
�Y
dy Mo ' on, CMC, CITY SECRETARY
APPROVED:
/& for
Stephen Terrell, MAYOR