Min - City Council - 1998 - 06/04 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JUNE 4, 1998
Present
Stephen Terrell, Mayor
Councilmembers•
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Susan Bartlemay (absent)
Kenneth Fulk
Melissa Owen
City Staff:
Michael Stanger, Acting City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:23 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 6:23 p.m. on Thursday, June 4, 1998, in the Council
Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Staff or Proponent Presentations (Agenda Item H)
A Future Agenda Items
• The Communications Plan Survey is complete and will be reported on at a future meeting.
• It was reported that our seasonal products ordinance may be unconstitutional. Council felt
the City should hold true to the ordinance
B Current Agenda Issues
• Agenda Item IX, Public Hearing to Consider the Recommendation of the Planning and
Zoning Commission to Attach a Specific Use Permit (SUP) for a Restaurant/Private Club
Located at 533 W McDermott Drive and Adopt an Ordinance Confirming this Action.
Discussion was held regarding the parking calculation for the restaurant.
• Agenda Item XI, Award Bid and Authorize Execution of a Contract for Development of
Four Neighborhood Parks. Discussion was held regarding whether Landscape Design has
verbally indicated that they intend to sue the Allen Economic Development Corporation
for final payment.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 4, 1998 PAGE 2
• Agenda Item XII, Adopt an Ordinance Amending the Parkland Dedication Ordinance.
Discussion was held regarding Council setting a public hearing on this item.
C. Items of Interest
• Texas Department of Transportation has moved the SH 5 project from August to
September. The relocation of utilities is proceeding on schedule.
Open Council Dkcnssions (Agenda Item III)
There were no items discussed
The Workshop Session was recessed at 6:55 p.m.
Executive Session (Agenda Item M
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 7:00 p.m. on Thursday, June 4, 1998, in the Council Chambers of the Allen Public
Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to
i
• Litigation — City of Parker
• Property - Purchase of Railroad Property
The Executive Session was adjourned at 7:30 p.m. on Thursday, lune 4, 1998.
Reconvene and Consider Action on Items Discussed (Agenda Item V)
During Executive Session
The Allen City Council reconvened into regular session at 7:33 p.m on Thursday, June 4, 1998, in
the Council Chambers of the Allen Public Library
MOTION: Upon a motion made by Counctlmember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted six (6) for and none (0) opposed to authorize the Acting City Manager to
execute a contract for the purchase of railroad property from the Union Pacific Railroad for
$.80 per square foot at a cost not to exceed $200,000. The motion carried.
REGULAR MEETING - 7:33 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7'33 p.m. on Thursday, lune 4, 1998, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas
ALLEN CITY COUNCIL
REGULAR MEETING
s JUNE 4, 1998
PAGE 3
CONSENT AGENDA (Agenda Item VI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent
Agenda as recommended and as follows:
A Approve Minutes of the May 18 - 19, 1998, Policy Governance Training
B. Approve Minutes of the May 21, 1998, Regular Meeting.
C. Set July 2, 1998, as the Public Hearing Date for a Specific Use Permit (SUP) for a Service
Station Located at the Southeast Corner of Main Street and South Allen Heights Drive.
D. Set July 2, 1998, as the Public Hearing Date to Amend Regulations of the CC -PC District
Regulations of Planned Development PD 54 for 47 4076 Acres of Land Located at the
Northeast Comer of McDermott Drive and Watters Road.
E. Set July 2, 1998, as the Public Hearing Date to Rezone 10.02± Acres of Land Located at the
Northeast Corner of Bethany Drive and US 75.
F Set June 18, 1998, as the Public Hearing Date to Amend Subdivision Ordinance No. 1237-4-
94 to Require Dedication of all Floodplain.
G. Approve Bills Associated with the Capital Improvement Program.
1. H. B. Zachry, Co. (McDermott West/US 75 to Custer)
$657,504.38
For. Six -lane Thoroughfare Construction
Funding Source: 1996 Street Bonds
Period: May 30, 1998
2. Bon Terre Suncreek (Alma Drive/BelAir to Suncreek)
$88,939.95
For: Two-lane Thoroughfare Construction
Funding Source: Escrow Funds
Period: May 31. 1998
3. Clark Condon Associates (Allen Station Park, Phase I)
$5,590.00
For: Comtouction Admin. for Allen Station Park
Funding Source: CDC, 1997 Bonds
Period: thou April 30, 1998
4. Gay, McCall, Isaacks, Gordon & Roberts (Appraisal and Acquisition)
$90.00
For: Condemnation -Bridges
Funding Source: Land Sale Revenues
Period: May 29, 1998
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 4, 1998
PAGE 4
5
Huitt-Zollars (Pedestrian Bridge over Cottonwood Creek)
$767 75
For: Consulting on Pedestrian Bridge Project
Funding Source: CDC, 1997 Bonds
Period: November 30, 1997 thru December 27, 1997
6.
David C. Baldwin, Inc. (Neighborhood Park Renovations)
$1,137.50
For Park & Playground Planning Services
Funding Source: 1996 Park Bonds
Period. thru April 29, 1998
7
Trinity Engineering (ASP-1/Cedar Drive)
$1,556.00
For: Testing Services for Cedar Drive
Funding Source: CDC, 1997 Bonds
Period: April 30, 1998
8.
Texas Department of Licensing & Regulation (Allen Station Park, Phase I) $290.00
For: TDLR Inspection Fee
Funding Source: CDC, 1997 Bonds
9
Period: June 1, 1998
Cummings & Pewitt, Inc. (Alma Drive/BelAir to Suncreek)
$27,382.13
For: Eng. for Thoroughfare Construction
Funding Source: Escrow Funds
Period: June 1, 1998
10.
Signs Direct (Collector Sidewalks)
$900 00
For: Signs
Funding Source: CDC Bond Funds
Period: May 1998
11.
The Container Store, Inc. (Station N4)
$238.02
For: Furniture
Funding Source: 1996 Bonds
Period: May 14, 1998
12.
H. L. Zumwalt Construction (Allen Station Park, Phase I)
$117,146.36
For: Construction of Allen Station Park
Funding Source: CDC, 1997 Bonds
Period: April 30, 1998
13.
H. L. Zumwalt Construction (Allen Station Park, Phase 1)
$194,609.91
For: Construction of Allen Station Park
Funding Source: CDC, 1997 Bonds
Period: April 30, 1998
ALLEN CITY COUNCIL
REGULAR MEETING
1 JUNE 4, 1998 PAGE 5
The motion carried.
End of Consent Aeenda
Council Committee Reports (Agenda Item VII)
Development Services:
• No Report.
Finance/Administration:
• No Report.
Services:
• No Report.
Mayor's Committee:
• Current Council Agenda.
• City Hall Design.
Citizen's Comments (Agenda Item VHD
Mr. Len Eisenstein, 1510 Evergreen Drive, Allen, Texas, informed the Council of an individual who
has a number of trucks parked on the street. He asked that something be done to enhance Allen's quality of
life. Council referred this item to Staff for additional monitoring.
Mr. Marvin Shelley, Plano, Texas, requested the Council include on the June 18 agenda, a request for
reduction in size of Chaparral Road and the participation of the developer. He is asking the City share in the
cost of the four lanes. The Mayor's Committee will consider placement of this item on an upcoming agenda.
Public Hearing to Consider the Recommendation of (Agenda Item IIC)
the Planning and Zoning Commission to Attach a
Specific Use Permit (SUP) for a Restaurant/Private
Club Located 533 W. McDermott Drive and Adopt
an Ordinance Confirming this Action
Community Development Director Bill Petty informed Council the subject property is located on
McDermott Drive, between US 75 and Century Parkway The Mexi-go Restaurant is proposed to be located
at the east end of the existing Albertson's Shopping Center. A Restaurant/Private Club is permitted by SUP
in the CBD District subject to various operational regulations. These operational regulations include items
such as: serving bars shall not be visible from the outside public; there shall be no exterior signs advertising
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 4, 1998
PAGE 6
the sale of alcoholic beverages; and the restaurant must maintain a food to beverage ratio of 70 to 30 percent
of gross revenues.
Mr. Jose Jaimes requested Council approval of this request. He currently operates a family
restaurant in Richardson
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 entire shopping center has been reviewed for adequate parking.
Ordinance No. 1605-6-98: An Ordinance of the City
of Allen, Coffin County, Texas, Amending
Comprehensive Zoning Ordinance No. 1425-5-96, as
Previously Amended, by Approving a Specific Use
Permit for a Restaurant/Private Club on the
Following -Described Tract of Land: a Portion of Lot
1B of the Greenway -Allen Retail Addition, also
Known as 533 W. McDermott Drive, City of Allen,
Collin County, Texas; Providing for Exhibit "A"
Floor 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.
MOTION: Upon a motion by Councilmember Fulk and a second by Councilmember Owen, the Council
voted six (6) for and none (0) opposed to approve Ordinance No. 1605-6-98 as previously
captioned and as recommended. The motion carried.
Approve a Budget and Authorize Execution of a (Agenda Item 71)
Contract with an Engineering Firm for the Design of
Two Elevated Tanks and a Ground Storage Tank
Public Works Director George Conner informed the Council that the current five-year capital
improvement program is completed The City is planning to start a new five-year capital improvement plan
this year. There are three projects that are top prospects for the new plan. Two of them are elevated storage
tanks, one at Custer Road near McDermott Drive and one at Bethany Drive and Malone Drive. The third
project is pump station no. 3 with a ground storage tank at Custer Road near Ridgeview Drive.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 4, 1998
PAGE 7
Mr. Dale Cherry and Mr. Greg Nelson from Black and Veatch, summarized the various styles of tanks.
Tanks with concrete pedestals can be bid with alternates. Council will bid with alternates and check with citizens
which style they would like in their neighborhood. Antennas can be placed on any of the towers
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the
Council voted six (6) for and none (0) opposed to authorize the Acting City Manager to execute
a contract with Black and Veatch for $620,000.00 for Phases 2, 3 and 4, and set budgets for
future projects to not exceed $8.8 million. The motion carried.
Award Bid and Authorize Execution of a Contract
for Development of Four Neighborhood Parks
(Agenda Item XI)
Parks and Recreation Director Don Horton informed Council that Staff has reduced the number of
parks in the package from six to the original four as directed by Council. These parks are: Reed, Rolling
Hills, Hillside Play Area, and Heritage. Bids were taken by trade rather than a total lump sum for the project
MOTION: Upon a motion by Councilmember Thomas and a second by Councilmember Owen, the Council
voted six (6) for and none (0) opposed to authorize the Acting City Manager to execute a
contract with Garden Design Group, Inc. for a total of $44,558.00 for irrigation, Hencie
International, Inc. for an estimated $72,484.00 for concrete, and landscape Design and
Construction for a total of $460,894 30 for the remainder of the project, and set the budget to a
total dollar amount not to exceed $635,936.30. Funding will be from two sources: $497,362.30
from general obligation bonds and $138,574.00 from park dedication fees The motion carried.
Adopt an Ordinance Amending the Parkland
Dedication Ordinance
(Agenda Item XII)
MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to set a Public Hearing Date of July 2, 1998 to
consider the proposed Parkland Dedication Ordinance. The motion carried.
Other Business
(Agenda Item XIII)
A. Calendar
June 11 Mayor's Meeting at 8:00 a.m.
June 23 Policy Governance Follow-up Workshop
June 27 Allen USA Celebration
B. Items of Interest
• Association of Mayors, Councilmembers and Commissioners Conference,
Station, Texas, July 16-19, 1998
• TNRCC - NTMWD Education information should be considered. This
discussed at the Mayor's Committee meeting.
Bryan/College
item will be
ALLEN CITY COUNCIL
REGULAR MEETING
1 JUNE 4, 1998
I
PAGE 8
Adjourn (Agenda Item XV)
MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Gallagher,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 9:15 p an on Thursday, June 4, 1998. The motion carried.
These manures approved on the 18th day of lune, 1998.
ATTEST:
dy MdAison, CMC, CITY SECRETARY
APPROVED:
'c -r' 1- ZW
Stephen Terrell, MAYOR