Min - City Council - 1998 - 11/05 - Regular�I
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 5, 1998
Present:
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Susan Bartlemay
Kenneth Fulk
Melissa Owen
City Staff:
Michael Stanger, Acting City Manager
Judy Morrison, City Secretary
Attorney:
Pete Smith
DINNER AND PRE -MEETING WORKSHOP
Call to Order and Announce a Ouorum is Present (Agenda Item I)
With a quorum of the Councilmembers present, dinner and the pre -meeting workshop session of the
Allen City Council was called to order by Mayor Terrell at 6:38 p.m. on Thursday, November 5, 1998, in the
Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas
Discuss Current Aeenda (Agenda Item ID
Consent Agenda, Item D- "Receive the Recommendation of the Planning and Zoning Commission
Concerning the Home Occupations Ordinance." Council discussed removing this item from the Consent
Agenda for discussion.
Statutory Agenda, Item D: "Approve First Reading of an Ordinance Authorizing CoSery Gas
Franchise with the City " Mr Don Leverty of CoSery Gas is available for comment.
Statutory Agenda, Item E. "Authorize Execution of an Agreement with the City of Plano for Repair
of Tatum Road Bridge at Rowlett Creek." Council discussed the status of the bridge
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NOVEMBER 5, 1998 PAGE 2
Statutory Agenda, Item H: "Award Bid(s) and Authorize Execution of Contract(s) for City Hall
Excavation, Foundation, Utilities and Parking " Gallagher Construction representatives have reviewed the
final figures for completing the project. Reconciliation needs to take place for the bond money and final cost
of project. Council felt the slab for the basement should be bid as an alternate.
Statutory Agenda, Item F, "Authorize a Contract and Approve a Budget for Design Services of the
Allen Public Library Expansion." The library committee plans to recommend Hidell Associates as the
architect for the expansion project. Additional funding will be proposed as part of the CIP
Statutory Agenda, Item K. "Consider All Matters Incident and Related to Approving and Authorizing
the Giving of Notice of Intention to Issue Revenue Bonds, Including the Adoption of a Resolution Pertaining
Thereto." The bonds sale will occur in January The east side tower is needed for capacity The west side
tower is proposed for construction prior to the area being populated to reduce possible citizen opposition, not
necessarily for needed capacity There should not be an immediate cost impact to the citizens.
(Agenda Item III)
A. Quality of Life Policy Documentation and Draft Ends Statement
•
Minimum Housing Standards
Council discussed the Minimum Housing Quality Ends Policy Council cautioned
subjective approach. Safety needs to be stressed under the fire and crime topics.
B. Quality of Life Policy Philosophy/Environmental Scan
• Larger Lots and Cost of Development
The workshop session recessed at 7:16 p.m.
REGULAR MEETING
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 730 p.m. on Thursday, November 5, 1998, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Public Recotmition (Agenda Item 1V)
• Citizens' Comments
Mr. Al White, 810 Rivercrest Boulevard, Allen, Texas, expressed opposition to the sidewalk
construction on Rivercrest Boulevard because it will take away eight -feet of his front yard.
Council responded that the sidewalks are being constructed to address safety issues.
Council recognized two boy scouts from Troop #328 working on merit badges in citizenship One
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REGULAR MEETING
NOVEMBER 5, 1998 PAGE 3
of the requirements for the merit badge is for the scout to attend a City Council meeting.
Consent Aeenda (Agenda Item V)
MOTION: Upon a motion made by Councilmember Bartlemay, and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed to remove the following items from the
Consent Agenda:
D. Receive the Recommendation of the Planning and Zoning Commission Concerning the Home
Occupations Ordinance.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on
the Consent Agenda as recommended and as follows:
A. Approve Minutes of the October 15, 1998, Regular Meeting.
B. Approve Minutes of the October 22, 1998, City Council/Allen ISD Board of Trustees Joint
Meeting
C Accept Resignation and Declare a Vacancy in Place No 1 of the Planning and Zoning
Commission.
E. Receive Tax Assessor -Collector's Report
The motion carried.
D Receive the Recommendation of the Planning and Zoning Commission Concerning the Home
Occupations Ordinance.
Council discussed retail sales. The Ordinance needs to be structured so that not all businesses
are restricted.
Ms. Kim Layton, 811 Aylesbury Drive, Allen, Texas, requested the Ordinance be
reconsidered to allow direct sales. It is important that residents have the flexibility to work at
home to be with their children. She also requested that occasional visitors be allowed.
Mr. H.D Pete James, 909 Pebblebrook, Allen, Texas, did not speak but wished that his
opposition to the Planning and Zoning Commission recommendation be recorded.
Council was directed to give their comments to City staff. Since the Zoning Ordinance is
currently being reviewed, this item may be able to be addressed as part of the revisions. It
was also suggested representatives from the Chamber of Commerce be involved in the process
with regard to this issue.
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REGULAR MEETING
NOVEMBER 5, 1998
PAGE 4
Councilmembers Folk and Gallagher were appointed to an Ad Hoc Committee along with
Chamber of Commerce representatives and City staff to study this issue and return to Council
at a later date.
This item was for information purposes only
Statutory Anemia (Agenda Item VI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr, the Council removed the following item from
the Statutory Agenda:
Authorize a Contract and Approve a Budget for Design Services of the Allen Public Library
Expansion.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Banlemay,
the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items
on the Statutory Agenda as recommended and as follows:
A. Adopt an Ordinance Confirming Action of City Council on October 15. 1998, for a Zoning
Request for Single Family Zoning on 67.8 Acres of Land Located West of FM 1378 and
South of Stacy Road.
Ordinance No. 1650-11-98: An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, by
Establishing Permanent Zoning, To -Wit: Flood Plain -Planned Development No. 75 (FP -PD
No. 75) for Single Family, on the Following -Described Tract of Land: 67.8 Acres of Land
Located in the George Fitzhugh Survey, Abstract No. 320, and the Gabriel Fitzhugh
Survey, Abstract No. 318, City of Allen, Collin County, Texas; Providing for Exhibit "A"
Land Use Plan, Exhibit 'B" Area and Use Regulations, and Exhibit "C" Legal Description;
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.
B. Adopt an Ordinance Closing and Abandoning Allen Drive from McDermott Drive to Century
Parkway
Ordinance No. 1651-11-98: An Ordinance of the City of Allen, Collin County, Texas,
Closing and Abandoning a Portion of Allen Drive from Its Northern Intersection with
McDermott Drive to Its Western Intersection with Century Parkway, in the City of Allen,
Collin County, Texas, and Further Described by Metes and Bounds in Exhibit "A";
Retaining Ownership as the Sole Abutting Property Owner for the Purpose of Construction
of a City Hall Complex; Authorizing the City Manager to Execute any Documents Deemed
Necessary to Complete Abandonment; Providing for a Severability Clause; and Providing
for an Effective Date.
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NOVEMBER 5, 1998 PAGE 5
C. Adopt an Ordinance Abandoning an Alley Right -of -Way from Butler Drive to Allen Drive.
Ordinance No. 1652-11-98 An Ordinance of the City of Allen, Collin County, Texas,
Closing and Abandoning the 20 -Foot by 180 -Foot Alley Right -of -Way Located South of
Lots 1 and 3, and North of Lot 4, Block 21, Old Donation, Situated in the City of Allen,
Coffin County, Texas, and Further Described by Metes and Bounds in Exhibit "A";
Retaining Ownership as the Sole Abutting Property Owner for the Purpose of Construction
of a City Hall Complex; Authorizing the City Manager to Execute any Documents Deemed
Necessary to Complete Abandonment; Providing for a Severability Clause; and Providing
for an Effective Date.
Approve First Reading of an Ordinance Authorizing CoSery Gas Franchise with the City
Ordinance No. 1653-11-98: An Ordinance of the City of Allen, Collin County, Texas,
Granting to Denton Comfy Electric Cooperative, Inc. D/B/A Cosery Gas, a Franchise
for the Purpose of Constructing, Maintaining and Operating Its Gas Utility System in
Public Streets, Alleys, and Rights -of -Way in the City; Reserving to the City the Right to
Regulate Grantee; Providing Conditions Governing the Construction, Expansion, Use,
Reconstruction, Repair, Excavation, Maintenance, Relocation and Operation of the Gas
Utility System; Providing for Indemnification; Providing for City Use and Joint Use of
Grantee's Facilities; Providing for Compensation; Providing for Accounting and Other
Reports; Providing for Conditions of Assignment; Providing for Termination; Providing
for Acceptance of the Franchise; Providing a Repeating Clause; Providing a Severability
Clause; and Providing for the Effective Date of Said Ordinance.
E. Authorize Execution of an Agreement with the City of Plano for Repair of Tamm Road Bridge
at Rowlett Creek.
Council authorized the City Manager to enter into an agreement with the City of Plano to
repair the Tamm Road Bridge at Rowlett Creek. The City of Allen will reimburse the City of
Plano for up to 50 percent or $100,000 which ever is least at the completion of the project or
May 31, 1999, whichever is later.
G. Authorize Expenditure of $252,275 for the Purchase of New and Replacement Public Works
Vehicles.
Council authorized the purchase of the following vehicles through the Houston -Galveston
Council of Governments: two replacement trucks and three new trucks for the Water and
Sewer Department, one new truck for the Street Department, and a new Vac/Jet truck to be
split between the Drainage Budget Department and Water and Sewer Department.
LH. Award Bid(s) and Authorize Execution of Contract(s) for City Hall Excavation, Foundation,
Utilities and Parking.
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PAGE 6
Council authorized the City Manager to enter into a contract with each of the following
contractors for the services as listed for the excavation, foundation, utilities and parking of the
City Hall construction:
Description
Contractor
Amount
Construction Waste Removal
Bluebonnet
$210/pull
Excavation
Fireline Excavation
$106,000
Site Utilities
Quanturn
$167,935
Paving
JRJ Paving, Inc.
$262,000
Striping
No Bid
---
Building Concrete
Sizelove
$558,693
Miscellaneous Steel Fabrication
Alpha Steel
$15,000
Joint Sealant & Waterproofing
Gorman & Associates
$20,900
Site Electrical
Kevco Electric
$34,688
L Award Bid(s) and Authorize Execution of Contract(s) for Construction at Green Park and
Shadow Lakes Park.
Council authorized the City Manager to enter into a contract with Landscape Design and
Construction, Inc., in the amount of $375,205 for the development of Green and Shadow
Lakes Parks and to approve a project budget not to exceed $482,326.
J. Approve a Request by the Touchdown Club to use Allen Station Park or Joe Farmer
Recreation Center for an Event.
Council approved the request by the Touchdown Club to use Allen Station Park or Joe Farmer
Recreation Center and charge an attendance fee for the event.
K. Consider All Matters Incident and Related to Approving and Authorizing the Giving of Notice
of Intention to Issue Revenue Bonds, Including the Adoption of a Resolution Pertaining
Thereto.
Resolution No. 1654-11-98(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas. Approving and Authorizing the Giving of Notice of Intention to Issue Revenue
Bonds.
L. Receive Investment Report.
M. Receive CIP (Capital Improvements Program) Projects Status Report.
The motion carried.
L
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 5, 1998
PAGE
Public Hearing to Consider the Recommendation of (Agenda Item VID
the Planning and Zoning Commission for Approval
of a Planned Development District for Multi -Family
Uses on 10.892 ± Acres of Land Located Northeast
of SH 5 and Chaparral Road as Requested by the
Papyus Corporation
Planner Marcie Diamond reviewed the request to place Planned Development zoning for Multi -Family
uses on 10.892± acres of land. Under Multi -Family regulations, 196 dwelling units would be allowed with a
minimum unit size of 500 square feet and a minimum average unit size of not less than 775 square feet. The
Planning and Zoning Commission recommended approval of the request with the following amendments. 1)
The open space be per the Planned Development requirements; 2) All development adhere to the City of Allen
Multi -Family development standards; 3) The height limit on units adjacent to existing homes be two stories
and the remainder be in accordance with MF -18 standards; and 4) The deceleration lane will be constmcted on
SH 5
Mr. Mike Williams spoke on behalf of owner of property He asked Council to zone as requested
with the developer meeting all the codes.
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.
Council discussed set backs adjacent to a medium density area and the open space requirements. The
recommended Use and Area Regulations revisions were distributed to Council.
Council expressed concern regarding setbacks along SH 5, the preservation of tree line and useable
open space recreation areas.
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) opposed to table this item and return to staff for
discussion with the proponent. Discussion points included: 1) the 12 recommended revisions to
the Use and Area Regulations, 2) Adding the wording "western, northern" to the first
recommended revision after the word eastern; 3) Setbacks on SH 5; 4) Open space; 5)
Percentage of garages; 6) Concept plan showing two-story and three-story placement, and 7)
Preservation of tree line. The motion carried
Other Business
(Agenda Item VHD
A. Update by Allen Arts Alliance: Master Plan.
Allen Arts Alliance (AAA) Chair Barbara Eubanks presented results from the focus
group meetings and its consensus. She reviewed the ground rules for the focus
groups.
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PAGE 8
Council expressed appreciation for the work accomplished by the board Plans are for
the AAA to work with the Keep Allen Beautiful Board.
B Accept Results of the Water and Sewer Rate Study Presented by KPMG Peat Marwick
LLP
Mr. Alan Mullins of KPMG Peat Marwick L.L.P., reviewed the cost elements and
trends, debt service, water treatment costs and personnel costs.
Council discussed a gradual increase in rates rather than waiting a few years and
increasing sewer rates substantially
MOTION: Upon a motion by Councilmember Gallagher and a second by Councdmember Thomas, the
Council voted seven (7) for and none (0) opposed to use alternate 1 with the incremental
change with Schedule E and for staff to set a public hearing date The motion carried
C. Review City Hall Building and Landscape Plans.
Council discussed ending the western boundary of the civic plaza at the eastern
building We of library Council viewed a presentation of the art.
D Accept Monitoring Reports of Ad Hoc Inspection Committee
• Council Support and Communication (EL 3.9)
• Capital Improvements program (EL 3.10)
Council received a sample draft of the Boards and Commission template They were
asked to review Section 3.
E. Governance Self -Evaluation (10 minutes)
Councdmember Bartlemay provided the Governance Self -Evaluation for the Council.
F Calendar.
• December 2, 1998, Board Appreciation Dinner at EI Dorado Country Club
• December 9, 1998, Employee Holiday Party at Bill Bates Ranch
• The City will bid out its health plan next year. Council asked staff to research the
possibility of self-insured concept
G. Items of Interest
The regular session recessed at 11.00 p.m.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 5, 1998
PAGE
Executive Session (Agenda Item IX)
In accordance with The Texas Government Code, Legal, Section 551.071, Property, Section
551.072, Personnel, Section 551074, Staff Presentations, Section 551.075, the Allen City Council convened
into Executive Session at 11:05 p.m. on Thursday, November 5, 1998, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to:
• Litigation - City of Parker
• Personnel - NTMWD (North Texas Municipal Water District) Board Appointments and Planning
and Zoning Commission Appointment
• Personnel - Evaluation of Council -Municipal Judge Relationship According to Policy CSL 4 5
• Personnel - Evaluation of Council -City Secretary Relationship According to Policy CSL 4.6
• Property - Armstrong Property
• Staff Briefing - Economic Development Prospect
The Executive Session adjourned at 12:11 a.m. on Friday, November 6, 1998
Reconvene and Consider Action on Items Discussed (Agenda Item X)
During Executive Session
The Allen City Council reconvened into regular session at 12:12 a in. on Friday, November 6, 1998,
in the Council Chambers of the Allen Public Library
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember
Bartlemay, the Council voted seven (7) for and none (0) opposed to appoint James Kerr and
Joe Farmer to the North Texas Municipal Water District Board of Directors. Mr. Kerr's term
will expire May 31, 1999 and Mr. Farmer's term will expire May 31, 2000. The motion
carried.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed to appoint Daniel "Scott" Niece to Place
No. 1 of the Planning and Zoning Commission. The motion carried.
(Agenda Item XI)
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 12:13 a.m. on Friday, November 6, 1998. The motion carried.
A
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NOVEMBER 5, 1998 PAGE 10
These minutes approved on the 19th day of November, 1998.
ATTEST:
J y Mo on, CMC, CITY SECRETARY
1,
I
APPROVED:
g
Stepherf Terrell, MAYOR