Min - City Council - 1998 - 04/02 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1995
Present:
Stephen Terrell, Mayor
Councilmembers•
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Dave Powyszymkt
Kenneth Falk
Melissa Owen
City Staff:
Jon McCarty, City Manager
Judy Morrison. City Secretary
DINNER AND WORKSHOP SESSION - 6:30 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 6:30 p in. on Thursday, April 2, 1998, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Staff or Prononent Presentations (Agenda Item III
A. Future Agenda Items
Allen Heritage Guild, Inc
Mr. Kent Kelley, President of the Allen Heritage Guild, expressed concern about the
conservation and preservation of the historic dam site. Concerns include possible
watershed and erosion problems The assistance of a firm such as Albert Haalf and
Associates might be needed to assess the erosion problems. Recently, Channel 4 filmed the
site. The site will be logged into the state -archeological registry which will aid in obtaining
grant money The Guild would like to stay involved in the development of the area. Mr
Jim Waldbauer and Mr Warren Johnson asked Council to take this information under
advisement and that the Guild would be happy to assist staff in this project.
Council suggested the use of trash receptacles to aid in litter control of this area. Also,
Council requested this issue be sent to the Services Standing Committee and eventually to
the Council for action.
ALLEN CITY COUNCIL
REGULAR MEETING
' APRIL 2, 1998
PAGE 2
Comprehensive Plan Update.
Approximately 2-3 weeks will be needed to review all questions or comments provided for
the Comprehensive Plan Update. A public hearing will be held by the Planning and
Zoning Commission. Draft copies of the plan will be available in the library prior to final
copy
B. Current Agenda Issues
Discussion was held regarding Agenda Item IX, Public Hearing to Consider the
Recommendation of the Planning and Zoning Commission to Place Permanent Zoning of Flood
Plain -Planned Development on a 191.79 -acre Tract of Land Located South of Bethany Drive
and North of Future Chaparral Road between Malone Road and FM 2551. Mr. Marvin
Shelley reviewed this item and asked that the Council not table his request.
C. Items of Interest
• Update on Street Projects
The Public Works Director presented a video update on road progress in Allen. The lights
at FM 2170 East and Allen Heights will be replaced with permanent signals and will be set
E,
on a demand rather than timer basis.
• Drainage Problems at Connemara
These drainage problems are under advisement with the City of Plano The Public Works
Director will update Council on this issue.
Open Council Discussions (Agenda Item III)
There was no open Council discussions held.
The Workshop Session was recessed at 7:20 p.m.
REGULAR MEETING - 7:22 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7:22 p.m. on Thursday, April 2, 1998, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
Councilmember Owen excused herself from the Council bench.
CONSENT AGENDA (Agenda Item VI)
MOTION: Upon a motion made by Councilmember Gallagher 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 March 16, 1998, Joint City Council/Planning and Zoning Commission
Workshop.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998
PAGE 3
B.
Approve Minutes of the March 19, 1998, Regular Meeting.
C.
Award Bid and Authorize Execution of a Contract for Sidewalk and Drainage Structure
Improvements.
Council awarded the bid to the low bidder and authorized the City Manager to sign a two-year
contract with Hencie International for the sidewalk and drainage structure improvements
incorporated into a unit cost contract of a continuing nature with an estimated quantity amount
of $88,789
D.
Approve a Resolution Amending the by-laws of the Keep Allen Beautiful Board.
Resolution No. 1587-0-98(R): A Resolution of the City Council of the City of Affen, Coffin
County, Texas, Approving the Amended By -Laws of the Keep Affen Beautiful Board, and
Providing an Effective Date.
E.
Approve the Keep Allen Beautiful Logo for Use by the Keep Allen Beautiful Board.
F
Set May 7, 1998, as the Pubic Hearing Date for a Request by D R. Horton to Amend the
Building Lines on Bethany Creek Estates, Phase B Addition, Located North of McDermott
Drive and West of Watters Road.
G.
Adopt an Ordinance Updating the Code of Ordinances for the City of Allen.
Ordinance No. 1588.498: An Ordinance of the City of Allen, Coffin County, Texas,
Adopting and Enacting Supplement Number 10 to the Code of Ordinances for the City of
Allen; Providing a Severability Clause; Providing a Penalty for Such Violation Thereof; and
Providing When Such Supplements and this Ordinance Shall Become Effective.
H
Approve Bills Associated with the Capital Improvement Program.
I Ed Bell Construction Co. (ASPI-Cedar Drive) $250,114.10
For: Construction of Cedar Drive
Funding Source: CDC, 1997 Bonds
PeriodMarch 25, 1998
2. Huitt-Zollars (Pedestrian Bridge over Cottonwood Creek) $1,288.68
For: Consulting on Pedestrian Bridge Project
Funding Source: CDC, 1997 Bonds
Period, March 12, 1998
3. Huitt-Zollars (Pedestrian Bridge over Cottonwood Creek) $230.46
For: Consulting on Pedestrian Bridge Project - Geotech
Funding Source: CDC, 1997 Bonds
Period' March 12, 1998
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998 PAGE 4
4. Bon Terre Suncreek (Alma Drive/McDermott to Bethany)
$51,159.10
For: Purchase of ROW Hamilton Property
Funding Source: Escrow Funds (interest earned)
Period: March 27, 1998
5. Novaquest INFOSystems (CD-ROM Network)
$13,112.97
For: Novell Server/CD-ROM Tower
Funding Source: CDC, Operating Funds
Period: March 27, 1998
6. H.B. Zachry Company (FM 2170/US 75 to Custer Road)
$377,823.91
For Work on McDermott West
Funding Source: 1996 Street Bonds
Period: March 31, 1998
7 AEC One Stop Group, Inc. (CD-ROM Music)
$1,777 12
For: CD's
Funding Source: CDC, Operating Funds
Period: March 3, 1998
8. Demco (CD-ROM Music)
$2441
For: CD Repair Kit
Funding Source: CDC, Operating Funds
Period March 1998
9 L.A. Sears Construction, Inc. (Bethany Drive/US 75 to Bel Air)
$10,42784
For: Construction of Bethany
Funding Source: Water Impact Fees
Period' March 31, 1998
10. ICG Fiber Optic Technologies, Inc. (Station N4)
$716.25
For: Contingencies
Funding Source: 1996 Bonds
Period thm March 11, 1998
The motion carried.
End of Consent Aeenda
Council Committee Reports
(Agenda Item VII)
�r
Development Services:
■■flll
No Report.
A
�I
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998
Finance/Administration:
• Communications and Customer Service Survey
• Email Project and Council PC's.
• Cable TV Rate Filing.
• Review Work Program.
Services:
• No Report.
Mayor's Committee:
• Current Council Agenda.
Citizen's Comments
There were no citizen's comments.
Councilmember Owen returned to the Council bench
Public Hearing to Consider the Recommendation of
the Planning and Zoning Commission to Place
Permanent Zoning of Flood Plain -Planned
Development on a 191.79 -acre Tract of Land Located
South of Bethany Drive and North of Future
Chaparral Road between Malone Road and FM 2551
PAGE 5
(Agenda Item VIII)
(Agenda Item M
Community Development Director Bill Petty reviewed the request which is bounded by Bethany Road
to the north, the proposed extension of Malone Road to the east, and FM 2551 to the west. All of the abutting
thoroughfares are substandard and will require dedication of additional right-of-way at the time of platting. The
southern property line of this tract is also the city limit between the cities of Allen and Parker
Storm water will require detention so as to not drain onto Easy Acres. A middle school is being
planned in this area Approximately 29 acres of middle school property, 4 acres of park land and 24 acres of
Flood plain are included in this request. The collector street will be developed prior to school, park or daycare
center construction The park land may incorporate detention ponds for assistance with drainage.
Mr. Craig Curry of Dallas on behalf of the applicant asked the Council to consider this at the next
meeting. Also, present was Mr Steve Brown.
Mr. John Peterson stated the contract is ready to go forward at this Cine.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998 PAGE 6
Mr. Steve Brown spoke before Council. The contract is subject to zoning and subject to the sale of the
property to the school district.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
The applicant is concerned about the price the school is negotiating for this property
MOTION: Upon a motion by Councilmember Powyszynski and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) to confirm the Planning and Zoning Commission's
recommendation to approve the zoning with the notation to eliminate the 20' setback request but
state all lots in tract 5 will have a 25' front yard setback. The motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item I)
the Planning and Zoning Commission to Amend
Planned Development No. 46 to Incorporate Two
Small Tracts of Land Located West of Jupiter Road
and North of White Oak as Requested by Pillar,
L.C.
Community Development Director Bill Petty informed Council that the subject property is a small
portion of PD 46, located immediately south of the Jupiter Road Church of Christ and the First United
Methodist Church, and immediately west and adjacent to Jupiter Road. It was determined that the screening
along the south portion should be constructed with development of the church property The traffic study
requirement is waived because the increased density is nominal, and would not significantly create new traffic.
The product will be a condominium product. The extension of Prestige will be necessary for proper traffic
flow
Mr. Steve Wilson, proponent, spoke before the Council. This project will be an upscale product and
sold to individual owners; there will be no rental property
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.
A pro -rata will be applied to property other than what has already been platted. Screening will be
installed when either of the tracts are developed but the church will not need to install screening. This will be
considered in future actions.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember
Powyszymki, the Council voted seven (7) for and none (0) opposed to confirm the Planning
and Zoning Commission's recommendation with clarification that the pro -rata include only
future development but include all Planned Development acreage. The City will be responsible
for the remainder share of he pro -rata. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998
PAGE 7
Select Firm and Authorize Contract Negotiation for (Agenda Item XI)
Design Services for Natatorium Facility
Councilmember Lonnie Thomas co-chaired a committee to review architectural proposals for the
selection of an architect for the Allen Natatorium. The members of this committee were: Lonnie Thomas, Jon
McCarty, Don Horton, Bob Martin, Betty Donaldson and Bobby Curtis. The three finalist were: Brinkley
Sargent with pool consultant Council/Humaker, F&S with pool consultant Water Technologies and STB who
had not chosen a pool consultant.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to hire Brinkley Sargent to design the Allen
Natatorium, enter into an agreement with Allen Independent School District (AISD) for the
design and development of the facility, and set the budget for the conceptual, programmatic and
master planning stage of design at $30,000 contingent upon AISD's approval. The motion
carried.
Adopt an Ordinance Amending the Building, (Agenda Item XII)
Mechanical, Electrical and Plumbing Codes,
Including Regional Amendments Recommended by
' North Central Texas Council of Governments
(NCTCOG)
Community Development Director Bill Petty reviewed the code development process. Two local
amendments are remaining:
One inch blank raceway from the panel to a termination point in the attic for future service
expansion.
Copper wiring
Building Official Bret McCullough informed Council that it is the City's intention to move to the
International Code.
Ordinance No. 1589-4-98: An Ordinance of the City
of Allen, Collin County, Texas, Amending Section I
of Ordinance No. 48, as Previously Amended, and
Chapter 4, Article I, Section 4.3 "Adoption of
Building Codes" of the City of Allen Code of
Ordinances by: Adopting the 1997 Edition of the
Uniform Building Code, the 19% Edition of the
International Mechanical Code with 1997
Supplement, the 1997 Edition of the Uniform
Plumbing Code and the 1996 National Electrical
Code, and further; Amending Chapter 4, Article I,
Section 4-5 "Amendments to Building Codes" of the
City of Allen Code of Ordinances by: Adopting
Regional Amendments to the Above Referenced
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998 PAGE 8
Codes Recommended by the Regional Code
Coordinating Committee of the North Central Texas
Council of Governments; Providing a Severability
Clause; Providing a Penalty for Violation of this
Ordinance; Providing for Publication Thereof; and
Providing for an Effective Date.
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Powyszynski,
the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1589-4-98 as
previously captioned and as recommended by the Development Standing Committee and
Services Standing Comrmttee. The motion carried.
Tabled Item: Adopt an Ordinance Amending the (Agenda Item XIII)
Current Fire Code Ordinance
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council
voted seven (7) and none (0) to remove this item from the Table. The motion carried.
Fire Chief Ron Gentry informed Council that the North Central Texas Council of Governments
(NCTCOG) organized a review of the 1997 Uniform Codes by area city code officials. The local difference m
the NCTCOG code includes Council authority to allow propane on requested basis.
Ordinance No. 1590-0-98: An Ordinance of the City
of Allen, Collin County, Texas, Repealing Article H of
Chapter 5 of the Revised Code of Ordinances of the
City of Allen, Texas; Repealing Certain Ordinances of
the City of Allen, Texas, Including No. 10954-92 &
11634-93; Adopting the 1997 Edition of the Uniform
Fire Code Including Future Amendments; and
Uniform Fire Code Standards Including Future
Amendments; Prescribing Regulations Governing
Conditions Hazardous to Life and Property from Fire
or Explosion, Providing for the Issuance of Permits for
Hazardous Uses or Operations, and Establishing a
Bureau of Fire Prevention and Providing Officers
Therefore and Defining Their Duties and Powers;
Providing for the Amending of Said 1997 Uniform Fire
Code and Uniform Fire Code Standards with Certain
Deletions, Amendments, and/or Additions;
Authorizing Suits for Injunctive Relief; Providing a
Severability Clause; and Providing an Effective Date.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1590-4-98 as
previously captioned and as recommended by the Development Standing Committee and
Services Standing Committee. The motion curled.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998
Other Business
A. Calendar
PAGE 9
(Agenda Item XIV)
April 15
Early Voting Begins for May 2 General Election
April 18 8 a.m. - 2 p m
6th Annual Trash -Off
Grand Opening of Allen Station Park
April 25 10 a.m. - 5 p.m.
SpringFest
April 27
Tentative Triad Meeting
May 18-19
Policy Governance Workshop
June 23
Policy Governance Workshop Wrap -Up
B. Municipal Messenger Schedule
City Secretary Judy Morrison reviewed the Municipal Messenger schedule.
C. Set Date for Policy Governance Workshop Follow-up
!:a Council agreed to hold a follow-up workshop on the policy governance topic on June 23.
D Items of Interest
The Economic Development Summit will be held Thursday, April 9
The Regular Session was recessed at 10:00 p.m.
Executive Session (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 10:12 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:
• Property Acquisition - Soccer Complex
• Personnel - Evaluations and Agreement
The Executive Session was adjourned at 11.45 p.m. on Thursday, April 2, 1998.
Reconvene and Consider Action on Items Discussed (Agenda Item V)
Durine Executive Session
The Allen City Council reconvened into regular session at 11:47 p.m. on Thursday, April 2, 1998, in
the Council Chambers of the Allen Public Library
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 2, 1998
PAGE 10
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to accept the resignation of City Manager Jon
McCarty The motion carried.
Resolution No. 1591-0-98(R): A Resolution of the
City of Allen, Collin County, Texas, Authorizing the
Mayor to Execute an Employee Severance and
Consulting Agreement.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember
Powyszynski, the Council voted seven (7) for and none (0) opposed to approve Resolution No.
1591-4-98(R) as previously captioned. The motion carried.
Resolution No. 15924-98(R): A Resolution of the
City Council of the City of Allen, Collin County,
Texas, Appointing an Acting City Manager; Setting
Compensation for the Same; and Establishing an
Effective Date.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the
Council voted seven (7) for and none (0) opposed to approve Resolution No. 1592-4-98(R) as
previously captioned. The motion carried.
(Agenda Item XV)
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 11.55 p.m. on Thursday, April 2, 1998. The motion carried.
These minutes approved on the 16th day of ApI2, 1998.
G\»tUY18III
fQ71
Stephen Terrell, MAYOR
ATTEST:
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J Mo on, CMC, CITY SECRETARY