Min - City Council - 1998 - 05/07 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 7, 1998
Present:
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Dave Powyszynski (absent)
Susan Bartlemay
Kenneth Fulk
Melissa Owen
City Staff:
Michael Stanger, Acting 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.m. on Thursday, May 7, 1998, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Staff or Proponent Presentations (Agenda Item ID
A. Future Agenda Items
• Bradley Property Zoning
• 16 -Acre Ridgemont Property
Council reviewed the status of the 16 -acre tract of property at the southern border of Allen.
• Acting City Manager Michael Stanger reviewed with the Council the formula and
guidelines for departments during budget development for FY 1998-99 Staff will continue
using the current strategic plan along with the dmg-free community issue
• Council was informed of the need for an additional inspector.
• The northeast comer of Bethany will be coming forward with a Hilton garden hotel
complex.
■ B. Current Agenda Issues
• There were no current agenda issues discussed.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 7, 1998
C. Items of Interest
PAGE 2
• Millipore will have a ribbon cutting ceremony in the next few months with Governor Bush
in attendance.
• Council was given a book 'Boards that make a Difference" in preparation for the Visioning
Workshop. Council questioned the appropriateness of the process with the City Manager
vacancy Council decided to go ahead with the workshop.
• The Economic Development Corporation Marketing Director was introduced to the
Council.
Open Council Discussions (Agenda Item III)
There were no items discussed.
The Workshop Session was recessed at 7:00 p.m.
REGULAR MEETING - 7:38 P.M.
With a quorum of the Councihnembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7:38 p.m. on Thursday, May 7, 1998, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
Consider All Matters Incident and Related to the (Agenda Item VI)
General Election
A. Canvass of Election Returns.
City Secretary Judy Morrison reviewed for the City Council the election returns for the City
Council General Election of the Mayor and Councilmembers Place Nos 2, 4 and 6. She
reviewed hand-out materials that were distributed including recent voting history, early voting
accumulated totals, and Election Day accumulated totals and the combined Election Day and
early voting totals. She also reviewed voting statistics including the number of registered
voters, 18,200, which indicated a 9.5% voter turnout. The precinct totals verified the
following results:
EARLY VOTES REGULAR VOTES TOTAL VOTES
CAST CAST CAST
MAYOR'S PLACE
Steve Terrell 582 736 1,318
COUNCILMEMBER - PLACE NO. 2
David Ken- 577 718 1,295
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ALLEN CITY COUNCIL
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MAY 7, 1998
PAGE 3
EARLY VOTES
REGULAR VOTES
TOTAL VOTES
CAST
CAST
CAST
COUNCH,MEMBER - PLACE NO. 4
Dave Powyszynski 293
360
653
Susan Banlemay 427
532
959
COUNCILMEMBER - PLACE NO. 6
Melissa Owen 493
638
1,131
Fritz Dietrich 226
244
470
B. Adoption of a Resolution Declaring the Results of the General Election.
The proposed resolution shows total votes cast in the election being 1,743 with the following
individuals being declared to receive the highest number of votes and being declared as the 'official
elected" Councilmembers with terms of office to expire May 2000.
Mayor — Steve Terrell
Place No. 2 — David Ken
Place No. 4 — Susan Banlemay
Place No. 6 — Melissa Owen
Resolution No. 1599.5-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Declaring the Results of the General Election of the Allen City Council Held
on May 2, 1998.
MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted five (5) for and none (0) opposed with Mayor Pro Tem Kerr not present, to
approve Resolution No 1599-5-98(R) as previously captioned. The motion carried.
C. Administration of Oaths -of -Office and Presentation of Certificates -of -Election.
City Secretary Judy Morrison administered the Oath -of -Office to re-elected Mayor Stephen
Terrell and presented his Certificate -of -Election. City Secretary Judy Morrison offered her
congratulations to the re-elected Mayor.
City Secretary Judy Morrison administered the Oaths -of -Office to re-elected Councilmember
David Kerr, Place No. 2, Councilmember Melissa Owen, Place No. 6, and newly elected
Councilmember Susan Banlemay, Place No. 4 Mayor Terrell presented the Certificates -of -
Election to Councilmembers Kerr, Banlemay and Owen and offered congratulations to those
individuals.
At this time, Councilmember Bartlemay stepped up to the Council Bench.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 7, 1998
D. Election of Mayor Pro Tem.
PAGE 4
The Allen City Council is authorized by the City Charter to elect from among themselves a
Mayor Pro Tem at the first meeting following the election. Councilmember Gallagher
nominated Councilmember Kerr as Mayor Pro Tem for the Allen City Council With no other
nominations from the Boor, a motion was made
MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed that nominations cease and that David Kerr
be elected by acclamation to the designated place of Mayor Pro Tem on the Allen City Council.
The motion carried.
CONSENT AGENDA (Agenda Item VII)
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed with Mayor Pro Tem Kerr not present, to
approve and adopt all items on the Consent Agenda as recommended and as follows:
A. Approve Minutes of the April 16, 1998, Regular Meeting.
B. Approve Minutes of the April 27, 1998, City Council/AISD Board of Trustees/Allen Chamber
of Commerce Triad Meeting.
C. Set June 4, 1998, as the Public Hearing Date for a Request for a Specific Use Permit (SUP) for
a Restaurant/Private Club Located at 533 W McDermott Drive.
D Accept Resignation and Declare a Vacancy in Place No. 3 of the Keep Allen Beautiful Board
Effective May 20, 1998.
E. Investment Report.
F Tax Report.
G. Approve Bills Associated with the Capital Improvement Program.
1 Gay, McCall, Isaacks, Gordon & Roberts (Appraisal & Acquisition) $195.00
For: Condemnation Procedures (Erma Kyle Bridges)
Funding Source: Land Sale Revenues
Period. April 24, 1998
2. Trinity Engineering (McDermott West/US 75 to Custer) $2,975.00
For: Material Testing
Funding Source: Allen Central Facility Agreement
Period: May 1, 1998
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 7, 1998 PAGE 5
3.
Texas Department of Transportation (SH 5/Chaparral to Exchange)
$174,470.11
For: Six -lane Thoroughfare Construction
Funding Source: 1992 Bonds
Period: May 1, 1998
4
Warren and Georgia Blackmon (Site for Pump Station p3)
$255,000.00
For: Purchase of Land for Pump Station p3
Funding Source: Water Impact Fee
Period: Closing Date is May 19, 1998
5.
Huitt-Zollars (Pedestrian Bridge over Cottonwood Creek)
$548.75
For: Consulting on Pedestrian Bridge Project
Funding Source: CDC, 1997 Bonds
Period: November 30, 1997 thr t December 27, 1997
6.
Milstead Appraisal Company (Allen Station Park)
$1,00000
For: Appraisal of Land North and South of ASP
Funding Source: 1997 CDC Bonds
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7
Period. March 12, 1998
Ed Bell Construction Co. (ASPI-Cedar Drive)
$162,17977
For: Construction of Cedar Drive
Funding Source: CDC, 1997 Bonds
Period: April 25, 1998
8
Trinity Engineering Testing Corporation (ASPI-Cedar Drive)
$1,729.00
For: Testing Services
Funding Source: CDC, 1997 Bonds
Period: March 31, 1998
9
Huitt-Zollars (ASPI-Cedar Drive)
$390.00
For: Engineering of Cedar Drive
Funding Source: CDC, 1997 Bonds
Period: February 18, 1998
10.
Huitt-Zollars (ASPI-Cedar Drive)
$975.00
For: Engineering of Cedar Drive
Funding Source: CDC, 1997 Bonds
Period: April 15, 1998
11.
Clark Condon Associates (Allen Station Park, Phase I)
$5,697.50
For Design of Allen Station Park
Funding Source: CDC, 1997 Bonds
Period: thru March 31, 1998
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REGULAR MEETING
MAY 7, 1998 PAGE 6
12.
Thomas Bros. Grass (Allen Station Park, Phase I)
$8,550.00
For: Construction - grassing
Funding Source CDC, 1997 Bonds
Period, April, 1998
13.
H. L. Zumwalt Construction (Allen Station Park, Phase I)
$190,20900
For: Construction of Allen Station Park
Funding Source: CDC, 1997 Bonds
Period: March 31, 1998
14
Island Printing (Printed Material)
$3,568.80
For 1998 General Obligation Bonds/Miscellaneous Information
Funding Source: 1998 General Obligation Bonds
Period: March 30, 1998
15.
Moody's Investors Service (Professional Services)
$9,500.00
For: Professional Rating Services
Funding Source. 1998 General Obligation Bonds
16.
Period. March 24, 1998
Standard and Poor's (Professional Services)
$9,000.00
For: Analytical Services
Funding Source: 1998 General Obligation Bonds
Period March 27, 1998
17
H. B. Zachry, Co. (McDermott West/US 75 to Custer)
$438,550.23
For: Six -lame Thoroughfare Construction
Funding Source: [$22,550.23] Allen Cent. Fac.
[$305,000.00] Allen Hill Fac.
[$111,000.00] Tatum Fac.
Period: May 1, 1998
18.
Jeno Lewisville (Station #4)
$1,991.22
For. Landscaping
Funding Source: 1996 Bonds
Period' April 27, 1998
19
McKinney Office Supply (CD-ROM Music)
$354
For. Labels
Funding Source: Operating Funds, CDC
Period: April, 1998
20.
Crimson Multimedia (CD-ROM Music)
$56.84
For: CD's
Funding Source Operating Funds, CDC
Period, April, 1998
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MAY 7, 1998
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21
Ron Hobbs, Architect (City Hall)
$17,181.90
For Architectural and Planning Services for City Hall
Funding Source: 1998 City Hall Bonds
Period: thru April 18, 1998
22.
Black & Veatch (Pump Station #3 and Ground Storage -Land)
$3,150.00
For: Engineering for Site Purchase
Funding Source, Water Impact Fees
Period: May 1, 1998
23.
Moss Construction Co., Inc. (10" Sanitary Sewer LmcfWatson Drive)
$23,084 94
For: 10' Sanitary Line on Watson
Funding Source: 1995 Water Bonds
Period: May 1, 1998
24.
Moss Construction Co., Inc. (24" Water Line from Exchange to Main)
$61,253.00
For: 24" Water Line along SH 5 and Jupiter
Funding Source: 1995 Water Bonds
25.
Period: May 1, 1998
Plustar (CD-ROM Music)
$114.30
For: Supplies
Funding Source: Operating Funds, CDC
Period: April, 1998
26.
AEC One Stop Group, Inc. (CD-ROM Music)
$663.76
For: CD's
Funding Source: Operating Funds, CDC
Period. April, 1998
27
North Star Paper (Station #4)
$318.90
For: Furniture
Funding Source: 1996 Bonds
Period: Delivered April 20, 1998
28.
Norvaquest INFOSystems (CD-ROM Network)
$2,320.26
For: Purchase of Laserjet Printer and Miscellaneous Peripheral
For Remainder of Server Project
Funding Source: Operating Funds, CDC
Period: April 23, 1998
29
Ron Hobbs, Architect (Station #4)
$78908
For: Architectural Services and Contingencies
Funding Source: 1996 Bonds
Period: thin April 18, 1998
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MAY 7, 1998
PAGE 8
30. McKinney Office Supply (Station #4) $4,681.80
For: Furniture
Funding Source: 1996 Bonds
Period: Delivered April 10, 1998
The motion carried.
End of Consent Aaenda
Council Committee Reports (Agenda Item VIII)
Announcement:
Economic Development Director David Pastick announced that Chelsea GCA Realty Inc., plans to
build a 650,000 square -foot premium outlet center on the northwest corner of Stacy Road and US 75. The
project will bring an estimated $80 million in property and approximately $140 million in sales which will
mean $3 million in city taxes as well as spin-off businesses.
Barton Hunter, manager of acquisitions for Chelsea, and Dave Dennison were present for the
company The project should open in mid -2000. Typical tenants for their outlet centers are Gucci, Crate &
Barrel, Saks and other premium outlets. The project will bring 650 jobs. The first phase will include 350,000
square feet, followed by two additional phases of 150,000 square feet. This space will be pre -leased at 50%
Mr Dave Dennison pledged to work within the framework of what the City of Allen expects.
Mr Barton Hunter reviewed a possible site plan. Chelsea plans to invest in the community by
participating in the school system and local charities.
Services:
• No Report.
Development Services:
• No Report.
Finance/Administration:
• No Report
Mayor's Committee:
• Current Council Agenda.
• City Hall Design.
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Citizen's Comments (Agenda Item IX)
There were no citizen's comments.
Administer Oaths -of -Office and Present Certificates- (Agenda Item X)
of -Appointment to Newly Appointed Members of
Various City Boards
City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed
members of the Board of Adjustment, Cable TV & Telecommunications Advisory Committee, Library Board,
Sign Control Board and the newly created Allen Arts Alliance Mr. Remy Tholen received his oath -of -office
prior to the City Council meeting.
Allen Arts Alliance
Expiration Date
Place No. 1 -
Danny McLarty
September 30, 1999
Place No. 2 -
Barbara Eubanks
September 30, 2000
Place No. 3 -
Lori Marten Fairchild
September 30, 1999
Place No. 4 -
Gregg Layton
September 30, 2000
Place No. 5 -
Teresa McKeown
September 30, 1999
Place No. 6 -
Warren Johnson
September 30, 2000
Place No. 7 -
Evelyn Dawson
September 30, 1999
Board of Adiustment
Expiration Date
Alternate Place No. 2 -
Jerry Higgins
September 30, 1998
Cable TV & Telecommunications Advisory
Committee
Expiration Date
Place No. 6 -
Remy Tholen
September 30, 1998
Allen Library Board
Expiration Date
Place No. 6 -
Deloris Teel
September 30, 1998
Sign Control Board
Expiration Date
Place No. 5 -
Shane Womack
September 30, 1999
Mayor Terrell presented each newly appointed member a Certificate -of -Appointment certifying their
new position and expressed a welcome and a sincere thanks to the members for serving their community
Recognize Recipients of Scholarships Awarded by
Community Credit Union
(Agenda Item XI)
Community Credit Union awarded two $1,000 scholarships to Allen High School students, Amy
Rebecca Adams and Holly Michelle Such.
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PAGE 10
Public Hearing to Consider the Recommendation of (Agenda Item XII)
the Planning and Zoning Commission to Amend
Building Lines on Bethany Creek Estates Phase B
Located North of McDermott Drive and West of
Watters Road as Requested by D. R. Horton
Community Development Director Bill Petty informed the Council that Phase 1 has been fund platted
with 25 -foot front yard building lines. The Planning and Zoning Commission considered this request and
authorized the 20 -foot building lines on Normandy Lane and Berkley Road.
The proponent indicated the need to assume the 20 -foot building setback is because of the marketplace.
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.
The front yard setback would automatically move the rear yard setback. Staff had requested this item
be denied. Staff had concerns with the consistency of the subdivision.
MOTION: Upon a motion by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council
voted three (3) for and four (4) opposed with Mayor Terrell, Councilmembers Gallagher,
Bartlemay and Owen casting the negative votes, to deny the request to amend the setback
requirements on Bethany Creek Estates Phase B. The motion failed.
Council felt that tunnel vision was not what the citizens of Allen wanted; however, larger rear yards
would be welcomed. Discussion was held regarding consistency in zoning and any adjustments to current
standards should be addressed by Council.
MOTION: Upon a motion by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council
voted four (4) for and three (3) opposed with Mayor Terrell, Councilmembers Bardemay and
Owen casting the negative votes, to deny the request to amend the setback requirements on
Bethany Creek Estates Phase B. The motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item XHI)
the Planning and Zoning Commission to Rezone
31.395 Acres of Land Located South of Bethany
Drive and West of US 75 as Requested by John T.
Green
Community Development Director Bill Petty indicated that John T Green is requesting zoning for
Corridor Commercial. The Corridor Commercial District requires a 100 -foot front yard setback, with no
parking being permitted within this 100 feet. Staffs recommendation supported the requested 50 -foot front
yard setback, with the increase of the landscape buffer from 10 to 15 feet for the development of this tract. The
Planning and Zoning Commission, however, suggested the following: 1) allow variance to US 75 side
beginning at 100 feet and graduating to 50 feet at a point 450 feet south of the northern property line and
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 7, 1998 PAGE 11
maintain the 100 foot setback along Bethany Drive; 2) allow parking within the setbacks; 3) landscape along
US 75 will be increased as submitted to 15 feet; and, 4) the 50 foot setback would continue through Tracts B
and C.
Mr. John Green reviewed his request with the Council. He showed pictures of the area to portray the
visual impact of this property
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Mr. Philip Williams of Montgomery Farm, Allen, Texas, spoke in opposition to the request stating the
following reasons: 1) limiting the ability to widen the freeway in the future, 2) safety due to close proximity of
service road, 3) limitations of areas to match codes on all of Central Expressway for setbacks.
Ms. Francis Williams of Montgomery Fann, Allen, Texas, spoke in opposition to the request. She
stated that since this property is at the front door to the Montgomery property, she would like to encourage
sufficient setback and greenbelt.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
Discussion was held regarding the setbacks on both Bethany Drive and US 75.
MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to allow a 50 -foot setback on US 75 and 155 -
foot setback from the centerline of Bethany; 2) to allow parking within the setbacks; 3)
landscape along US 75 will be increased as submitted to 15 -feet; and, 4) the 50 -foot setback
would continue through Tracts B and C. The motion carried.
Public Hearing to Consider the Recommendations of (Agenda Item XIV)
the Planning and Zoning Commission to Place
Permanent Zoning on 67.158 Acres of Land Located
at the Northwest Corner of Bethany Drive and FM
2551 as Requested by Ben Martin
Planner Marcie Diamond informed the Council the subject property is bounded by Bethany Drive to the
south and FM 2551 to the east. Staff recommends approval of this request.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time
L
With no one speaking either for or against the request, Mayor Terrell closed the public hearing.
MOTION: Upon a motion by Councilmember Bartlemay and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to confinn the Planning and Zoning
Commission's recommendation to place permanent zoning on the 67 158 acres as presented.
The motion carried.
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Authorize Negotiations and a Contract with a (Agenda Item XV)
Search Firm to Assist the City Council in the
Selection of a City Manager
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council
voted seven (7) for and none (0) opposed to authorize the Mayor to negotiate and execute a
contract with The Oldani Group to assist the City Council in the selection of a City Manager.
The motion carried.
Other Business (Agenda Item XVI)
A. Calendar
May 18 - 19
Policy Governance Workshop
May 21
Council Photo
June 2
Budget Workshop
June 27
Allen USA Celebration
December 2
Board Appreciation Dinner
B. NCTCOG (North Central Texas Council of Governments) Workshop: Overview of Planning
and Zoning for Mayors and Councihnembers
C. Items of Interest
• Retail Development.
• David Kerr was named Volunteer Supervisor of the Year for the City of Plano.
• Ron Hobbs reviewed the City Hall project with the Council.
• Visioning Workshop is on schedule.
The Regular Session was recessed at 12:14 a.m. on Friday. May 8, 1998.
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 12.30 a.m. on Friday, May 8, 1998, in the Council Chambers of the Allen Public
Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to:
• Property - Purchase of Railroad Property; City Complex Acquisition
• Personnel - Board Appointments
L The Executive Session was adjoumed at 1.02 a.m. on Friday, May 8, 1998.
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Reconvene and Consider Action on Items Discussed
During Executive Session
PAGE 13
(Agenda Item V)
The Allen City Council reconvened into regular session at 1:03 a.m. on Friday, May 8, 1998, in the
Council Chambers of the Allen Public Library
Consider Appointments to Place No. 1 of the
Planning and Zoning Commission and Place No. 3
of the Keen Allen Beautiful
(Agenda Item XVII)
The Boards and Commission Interview Committee placed the following names as a slate of nominations
for the specific places on the following boards:
Keep Allen Beautiful Board
Place No. 3 - Grace Kerr
Expiration Date
September 30, 1999
Planning and Zoning Commission Expiration Date
Place No 1 - Steven Haynes September 30, 1999
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed that nominations cease and that the slate of
individuals previously nominated be appointed by acclamation to the designated places on the
Keep Allen Beautiful Board and Planning & Zoning Commission respectively The motion
carried.
(Agenda Item XVIII)
MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 1.15 a.m. on Friday, May 8, 1998. The motion carried.
These minutes approved on the 21st day of May, 1998.
ATTEST:
�y M 'on, CMC, CITY SECRETARY
APPROVED:
if -0-P
Stephen Terrell, MAYOR