Min - City Council - 1998 - 06/18 - RegularALLEN CITY COUNCIL
a REGULAR MEETING
JUNE 18, 1998
Present:
Stephen Terrell, Mayor
Councilmembers•
David Kerr, Mayor Pro Tem
Lonnie Thomas (absent)
Doug Gallagher (absent)
Susan Banlemay
Kenneth Fulk
Melissa Owen
City Staff:
Michael Stanger, Acting City Manager
Judy Morrison, City Secretary
DINNER AND WORKSHOP SESSION - 6:31 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 6:31 p.m. on Thursday, June 18, 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
• Contract for City Hall Technology Design
The Acting City Manager suggested that the City begin the process of procuring a
contractor to design the technologies for City Hall.
• Policy Governance
Packets of information for the upcoming workshop were distributed to the
Councihnembers.
B. Current Agenda Issues
• Consent Agenda Item C, "Authorize Execution of an Amendment to the In Abatement
Agreement with Cardinal Allen Enterprise, Inc. (Myers & Crow Company) "
The Cardinal Allen Enterprise property is where Perot Systems had originally requested to
be located. The company did not remember that tax abatements are processed beginning
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January 1. AEDC will ensure in the future that new companies understand the abatement
process.
• Agenda Item XIV, "Consider Actions Related to a Public Safety Communications
System, Item B, Authorize Execution of an Interlocal Agreement with the City of Frisco
for Sharing Costs."
The breakout between Allen and Frisco did not seem to add up correctly but the numbers
should be correct on the updated contract.
C. Items of Interest
The items regarding impact fees and CDC funds have not been researched for legality
• TNRCC Special Election
Discussion was held regarding the NTMWD/TNRCC Special Election and the use of the
Municipal Messenger.
Open Council Discussions (Agenda Item IM
E There were no items discussed.
• Plan for Supplemental Collections Acquisition Funding
Mr. John Ross of the Library Board reviewed with the Council the current collection
acquisition policy He discussed the following points as recommended by the Library
Board:
- Library materials are increasing in cost faster than the cost of inflation.
- Over a half million dollars has been collected to purchase library materials from the
current fund that was established at the construction of the Library Each year, the
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Library spends approximately $93,000 for materials. Because of staffing, the Library
staff is able to select necessary materials. In the FY 1997-98 budget, approximately
$12,000 was allotted for purchases.
- To ensure a first-class library, two items per citizen are needed.
- It is being suggested that the following strategies be implemented:
• Target special areas for donor recognition
• Solicit corporate donations
• Seek philanthropic grants
• Involve service clubs and local organizations
• Partner with the Friends of the Library
• Develop opportunities for grass roots donations
• Contract profit centers
• Enact a library impact fee on new development
• Hold special events
• Use bond funds or CDC funds (Currently, the CDC work program includes
$60,000 for books during the next five years with matching grant funds)
The items regarding impact fees and CDC funds have not been researched for legality
• TNRCC Special Election
Discussion was held regarding the NTMWD/TNRCC Special Election and the use of the
Municipal Messenger.
Open Council Discussions (Agenda Item IM
E There were no items discussed.
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The Workshop Session was recessed at 7:07 p.m.
Executive Session (Agenda Item IV)
The Executive Session was not held.
Reconvene and Consider Action on Items Discussed (Agenda Item V)
During Executive Session
There was no action taken since the Executive Session was not held.
REGULAR MEETING - 7:33 P.M.
With a quorum of the Councihnembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7:33 p.m. on Thursday, June 18, 1998, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
CONSENT AGENDA (Agenda Item VI)
Councilmember Owen stepped down from the Council bench due to a prior commitment.
MOTION: Upon a motion made by Councilmember Falk and a second by Mayor Pro Tem Kerr, the
Council voted four (4) 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 June 2, 1998, Budget Workshop.
B. Approve Minutes of the June 4, 1998, Regular Meeting.
C. Authorize Execution of an Amendment to the Tax Abatement Agreement with Cardinal Allen
Enterprise, Inc. (Myers & Crow Company).
Council authorized the Mayor to execute the amended agreement, which corrects the
abatement schedule.
D. Authorize Execution of an Agreement for an Antennae Lease on the Hillside Water Tower.
Council authorized the Acting City Manager to execute an agreement with Sprint PCS for a
five-year lease on the Hillside Water Tower, with four (4) five-year extensions, for $11,200
each year with a 5 % increase each year starting the second year.
E. Set July 16, 1998, as the Public Hearing Date to Remove a Specific Use Permit (SUP) for
Gasoline Sales at the Mr. Quik #2 Addition Located at 750 E. Main Street.
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Set July 16, 1998, as the Public Hearing Date for a Specific Use Permit (SUP) for Motorcycle
Sales and Service Located West of US 75 and North of Proposed Allen Central Drive.
G. Consider Items Related to the August 8, 1998, Special Election.
Approve Resolution Appointing the Election Officials for the August 8, 1998, Special
Election.
Resolution No. 1606.6-98(R): A Resolution of the City Council of the City of
Allen, Collin County, Texas, Appointing the Election Officials for the August 8,
1998, Special Called Election by the Texas National Resource Conservation
Commission Relative to the Annexation of the City of Allen into the North Texas
Municipal Water District, Setting the Rate of Pay for the Election Officials, the
Maximum Number of Election Clerks for the Polling Place, and Designation of
the Early Voting Ballot Board.
2. Authorize Execution of a Contract with the Texas Natural Resource Conservation
Commission (TNRCC) to Provide Election Services.
Council authorized the Mayor to execute a contract with the Texas Natural Resource
Conservation Commission, North Texas Municipal Water District and City of Allen to
conduct a special election on the proposition of annexing the territory of the City of
Allen, Collin County, Texas into the North Texas Municipal Water District.
H. Accept Resignation and Declare a Vacancy in Place No. 5 of the Planning and Zoning
Commission.
I. Tax Reports.
I. Approve Bills Associated with the Capital Improvement Program.
1. GBW Engineers, Inc. (City Hall) $1,125.00
For: Architectural and Planning Services for City Hall
Funding Source. 1998 City Hall Bonds
Period: thru June 3, 1998
2. Ron Hobbs Architect (City Hall) $32,026.10
For: Architectural and Planning Services for City Hall
Funding Source: 1998 City Hall Bonds
Period: thru April 18, 1998
3. Ron Hobbs Architect (Station q4) $67.96
For: Architectural Services and Contingencies
Funding Source: 1996 Bonds
Period: thru lune 5, 1998
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End of Consent Agenda
Council Committee Reports (Agenda Item Vin
Finance/Administration:
• No Report
4
Trinity Engineering Testing Corp. (ASPI-Cedar Drive)
$2,805.00
For: Testing Services
Funding Source: CDC, 1997 Bonds
Period: May 30, 1998
5.
Trinity Engineering Testing Corp. (McDermott West/US 75 to Custer)
$2,427.00
For: Materials Testing
Funding Source: Allen Cent. Fac. Agreement
Period, May 30, 1998
6.
Ed Bell Construction Co. (ASPI-Cedar Drive)
$292,890.56
For: Constmction of Cedar Drive
Funding Source: CDC, 1997 Bonds
Period: May 25, 1998
7
Fire Supply, Inc. (Station #4)
$3,356.99
For: Equipment
Funding Source: 1996 Bonds
8.
Period: May 1, 1998
L.A. Sears Construction Co. (Bethany Drive/US 75 to BelAlr)
$40,609 84
For: Two-lane Thoroughfare Construction
Funding Source. Escrow Account
Period: May 30, 1998
9.
Thomas Bros. Grass (Station #4)
$3,599 70
For: Landscaping
Funding Source. 1996 Bonds
Period: lune 3, 1998
10.
Crimson Multimedia (CD-ROM Network)
$160.30
For: Assorted CD's
Funding Source: CDC Operating Funds
Period, May, 1998
The motion carried.
End of Consent Agenda
Council Committee Reports (Agenda Item Vin
Finance/Administration:
• No Report
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Development Services:
• Comprehensive Plan Update.
• Code Inspector Positions Update.
• Capital Improvement Program.
• Temporary Parking Facilities for Allen Station Park.
Mayor's Committee:
• Current Council Agenda.
• City Hall Schematics.
Services:
• No Report.
Citizen's Comments (Agenda Item VIII)
Comcilmember Owen returned to the Council bench.
Mr. Pete Herres, 281 Dover Court, Fairview, Texas, spoke on behalf of the Select Soccer Club. He
stated that the teams have not had fields available for practice. The club is currently soliciting funding and
field locations. He asked the Council to support the club as they go into the community asking for donations.
Public Hearing to Consider the Recommendation of (Agenda Item M
the Planning and Zoning Commission to Place
Permanent Zoning on 31.97± Acres of Land Located
at the Southwest Comer of Proposed Future Ahna
Drive and Ridgeview Drive as Requested by Bill
Campbell, Jr.
Community Development Director Bill Petty informed Council that this Planned Development requests
65 % of this property be developed under the Shopping Center district regulations of the zoning ordinance and the
remaining 10± acres of the property to be developed for retirement housing under the attached detailed use and
area regulations. The Planning and Zoning Commission recommended approval of the request with the following
stipulations: 1) Tract A.3, Regulation No 3, change the wording to include "except as amended, whichever is
more restrictive; 2) traffic recommendations presented by Mr. Conner be attached; 3) zoning boundaries would be
set when alignment of Alma Drive is set; and, 4) word "midunum" be added to the puking requirements.
Mr. Richard Ferrara, Architect, reviewed the issue of the retirement center. The building will be a
hotel design with inside corridors with various courtyards. Most buildings are 3 -story in height. He
requested that the shopping center also include zoning for a fire station site.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
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With no one speaking either for or against the request, Mayor Terrell closed the public hearing.
In order to provide a quality facility, the number of units is greater than originally stated. These will
be active tenants. This is not a nursing home.
Staff is comfortable with the parking flexibility needs. They will be reviewing this requirement and
will recommend changes if needed. Staff feels this corner can definitely support a 20 -acre shopping center.
Council would like to restrict heights of 3 -story complexes a step-up concept with 2 -story stepping up
to 3 -story at the interior.
Discussion was held regarding the following: 30 -foot height allowable except that those units within
100 feet of the property line be limited to 2 -stories when adjacent to single family and construction of the units
be limited to 50% of the units allowable for 3 -story but only 2 -stories or less can be the first row of
construction facing the property line.
Council requested Staff research the retirement complex issue for future requests.
MOTION: Upon a motion by Councilmember Falk and a second by Councilmember Bartlemay, the
Council voted four (4) for and one (1) opposed with Mayor Pro Tem Kerr casting the negative
vote, to approve the recommendation of the Planning and Zoning Commission and to add the
following stipulations: 1) Community Facilities be an allowable use in Shopping Center
District; 2) revise setback from 50 feet to 100 feet from the property line of any Single Family
District; 3) no more than 50% of the units to be in structure higher than 2 stories; and, 4) no
structure higher than 2 stories is allowed within 200 feet of any Single Family District. The
motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item It)
the Planning and Zoning Commission to Amend
Floodplain -Planned Development No. 58 on
Approximately 148+ Acres of Land Located North
of Exchange Parkway, West of SH 5 and East of the
Southern Pacific Railroad as Requested by LLG
Lands. Inc.
Community Development Director Bill Petty informed the Council that the purpose of this request is
three -fold:
1. to provide for 90t acres of light industrial zoning to permit the development of the property
for light industrial uses;
2. to relocate and reconfigure the multifamily from adjacent to the railroad track to Exchange
Parkway and to reduce the total number of units proposed from 875 to 814 and reduce the
■` density from 24 to 22 dwelling units per acre, and finally;
3. to decrease the shopping center district at Greenville and Exchange from 14.7 acres to 14.0
acres.
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Mr. Richard Ferrara, Architect, reviewed the entire tract of land bordered by Exchange, Stacy, US
75 and SH 5.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Mr. Buzz Franklin on behalf of LLG reviewed the need for economic development. The diocese is
interested in the residential wrapping the church property Developers and users have already been interested
in this light industrial area.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
Due to the shape of the Light Industrial District, an Office District is going to be highly suggested.
History of the LLG property was reviewed showing the development of Exchange Parkway In placing 2 -
story limitations on Multi -Family District, it would create a real economic impact on the property Discussion
was held regarding specific layout which would not impact the actual density
Everyone expressed concern about 3 -stones adjacent to single family The Council intends to set a
policy regarding this issue.
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councihnember Bartlemay, the
Council voted five (5) for and none (0) opposed to table this item. The motion carried.
Public Hearing to Consider the Recommendation of (Agenda Item XI)
the Planning and Zoning Commission to Place
Permanent Zoning on 71.25 Acres of Land Located
at the Southwest Corner of Stacy Road and SH 5 as
Requested by the L. V. Reid Estate
Community Development Director Bill Petty reviewed the request. The Planning and Zoning Commission
recommended approval of the request for Shopping Center on Tract 1C, and deny the request for Townhouse on
Tract IA and R-5 on Tract 1B.
Mr. Richard Ferrara, Architect, reviewed the request in conjunction with the entire corridor.
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.
Traffic is not a problem with this development Water and Sewer is not a problem. The Townhouse
zoning offers another product line for the community
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MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council
voted five (5) for and none (0) opposed to approve the recommendation of the Planning and
Zoning Commission with the following amendments: 1) Tract IA be designated as Corridor
Commercial; 2) Tract 1B be designated as R-5; and 3) Tract lC be designated at Shopping
Center. The motion carried.
Public Hearing to Consider Amendment to
Subdivision Ordinance No. 1237-4-94 to Require
Dedication of all Floodplain
(Agenda Item XII)
Community Development Director Bill Petty informed the Council that Subdivision Ordinance No.
1237-4-94 contains language indicating that all floodplain "should" be platted and dedicated to the City Some
developers have interpreted the term "should" to mean that the floodplain is not required to be dedicated.
Staff recommends that the City Council clarify the intent of this section by adopting the proposed ordinance.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Mr. Jack Wood presented an interest in floodway north of Main and West of SH 5. He has a
question about the debris in the floodway Staff will address his concerns.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
Ordinance No. 1607-6-98: An Ordinance of the City
of Allen, Collin Comfy, Texas, Amending Ordinance
No. 1237-4-94, Subdivision Ordinance, as Previously
Amended, by Amending the Text of Section 201
Procedure of Article 200 Floodplain; Providing for
Notice of Violations; Providing for a Penalty of Fine
not to Exceed the Sum of Two Thousand Dollars
($2,000.00); Providing for a Severability Clause; and
Providing for an Effective Date.
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councihnember Bartlemay, the
Council voted five (5) for and none (0) opposed to approve Ordinance No. 1607-6-98 as
previously captioned and as recommended. The motion carried.
Adopt an Ordinance Revising Service Rates of the (Agenda Item XIII)
Solid Waste Ordinance
Public Works Director George Conner informed the Council the contract with Community Waste
Disposal (CWD) has a "Modification to Rates" article to allow adjustments up or down according to the
Consumer Price Index on the anniversary date of June 1 each year of the five-year contract. North Texas
Municipal Water District adjusts the transfer station and land fill costs annually He reviewed the analysis for
the increase in rates for services.
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It was suggested that CWD consider recycling fences.
Complaints to CWD include hydraulic leaks, cutting comers, delay on pickup of bulky items, pickup
of moving boxes, and the need for hazardous waste disposal.
CWD responded to the various complaints. The cities of Allen and Frisco have prepared a grant
targeted to pick up cardboard boxes to new citizens.
Ordinance No. 16086-98: An Ordinance of the City
of Allen, Collin County, Texas, Amending Sections 6-
59(A), 6.60.2 and 660.3 of Chapter 6, "Health and
Environment," Article HI, "Solid Waste," of the Allen
Code of Ordinances; Providing a Revised Schedule of
Rates and Fees for Solid Waste Disposal and
Collection; and Providing for an Effective Date.
MOTION: Upon a motion by Councilmember Folk and a second by Councilmember Owen, the Council
voted five (5) for and none (0) opposed to approve Ordinance No. 1608-6-98 as previously
captioned and as recommended. The motion carried.
Consider Actions Related to a Public Safety (Agenda Item XIV)
Communications System
Police Chief Bill Rushing provided a presentation regarding the need for a safety communications
system. He reviewed the purpose of the two cities coming together, objectives, system construction,
interlocal agreements, portable range, mobile range, transmitter range, Motorola radio system coverage area,
site voting, and cost.
These 15 channels will hold the area for buildout. If McKinney and Collin County joins in later, they
will bring an additional ten channels. We could have a five -site, 25 trunk system.
Services Committee has reviewed this full presentation and feels this is a superior interlocal
agreement.
A. Authorize Execution of an Interlocal Agreement with the Cities of Plano and Frisco to Operate
Jointly a Simulcast Radio System.
MOTION: Upon a motion by Councilmember Folk and a second by Councilmember Owen, the Council
voted five (5) for and none (0) opposed to authorized the Acting City Manager to execute an
Interlocal Agreement with the cities of Frisco and Plano for the joint communication system.
The motion carried.
B. Authorize Execution of an Interlocal Agreement with the City of Frisco for Sharing Costs.
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MOTION: Upon a motion by Councihnember Owen and a second by Mayor Pro Tem Kerr, the Council
voted five (5) for and none (0) opposed to authorize the Acting City Manager to execute the
Interlocal Agreement with the city of Frisco for cost sharing of the system of $768,590. The
total cost for the City of Allen is $408,295 ($384,295 for system costs, $14,000 for 1/3 cost for
technician, and $10,000 for contingencies). The motion carried.
Approve the Master Site Plan and Preliminary (Agenda Item XV)
Schematic Design for the City Ihdl Complex
MOTION: Upon a motion by Councilmember Fulk and a second by Mayor Pro Tem Kerr, the Council
voted five (5) for and none (0) opposed to approve the site master plan and schematic design
for the new City Hall with the following modifications: 1) Move employee break room to the
2" floor, preferably near the east end of the building; 2) The lobby/atrium will have seating;
however, it is not to be designed to serve as a lunch space; 3) Study the location of the
elevator. Consider having the elevator opening directly off of the lobby; 4) Add additional
fixtures to the public toilets. Provide for changing tables in public toilets; 5) Provide an extra
door from the Council kitchen; 6) Move the 3`° floor Mayor/Council office closer to the City
Secretary's office; 7) Provide access from the Council Chambers to the Conference Room and
porch; 8) Provide an employee kitchen in breakroom; and 9) Consider relocating 2nd floor
Cmulti-purpose room. The motion carried.
Other Business (Agenda Item XVI)
A. Accept the Report of the Results of the 1998 Citizen Telephone Survey Regarding the City of
Allen Public Information/Communications Program.
No action was taken on this item.
B. Calendar
June 23 Policy Governance Workshop Follow-up
June 27 Allen USA Celebration
C. Items of Interest
• Board Appointment - Planning and Zoning Commission
• TNRCC - NTMWD Update
• Municipal Messenger
1,
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(Agenda Item XV)
MOTION: Upon a motion made by Councilmember Folk 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 2:15 a.m. on Friday, June 19, 1998. The motion carried.
These minutes approved on the 2nd day of Jam, 1998.
ATTEST:
JvAy Mo on, CMC, CITY SECRETARY
APPROVED:
Stephen Terrell, MAYOR