Min - City Council - 1998 - 11/19 - RegularALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 19, 1998
Present:
Stephen Terrell, Mayor
Councilmembers:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Susan Banlemay
Kenneth Fulk
Melissa Owen
City Staff:
Michael Stanger, Acting City Manager
Judy Morrison, City Secretary
Pete Smith, Acting City Attorney
DINNER AND PRE -MEETING WORKSHOP
Call to Order and Announce a Ouorum is Present
(Agenda Item 1)
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 6:30 p.m. on Thursday, November 19, 1998, in
the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Discuss Current Agenda
(Agenda Item II)
Consent Agenda, Item C. "Approve a Resolution Urging the Texas Legislature to Increase
Appropriations for Road and Bridge Maintenance and Expansion." Council discussed the road and bridge
maintenance and expansion.
Statutory Agenda, Item C. "Authorize Execution of a Contract for Engineering Services for the
Construction to Extend Chaparral Road to Cottonwood Creek." At this point there was not a good choice
without a "not to exceed" statement in the contract. Since this is a professional agreement, it has not been
bid. Council requested a fixed cost plus be used for the fee schedule. The City Manager will negotiate the
agreement and will not need to come back to Council if accomplished.
Policy Agenda (Agenda Item III)
A. Quality of Life Policy Philosophy/Environmental Scan
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• Larger Lots and Cost of Development
No Discussion was held.
B. Ends Policies: Documentation
• Minimum Housing Quality
The City Manager presented information as a result of previous discussions regarding
establishing ends for minimum housing quality
The workshop session recessed at 7:00 p m.
Executive Session (Agenda Item XI)
In accordance with The Texas 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 7.05 p.m. on Thursday, November 19, 1998, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to:
���+++ • Personnel - Appointment of City Attorney
• Personnel - Evaluation of Municipal Judge Performance According to Policy CSL 4.5
• Personnel - Evaluation of City Secretary Performance According to Policy CSL 4 6
• Personnel - City Manager Selection
• Personnel - Appointment to Sign Control Board
• Property Armstrong Property
The Executive Session adjourned at 7.25 p m, on Thursday, November 19, 1998.
REGULAR MEETING
With a quoram of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7 30 p.m on Thursday, November 19, 1998, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas
Reconvene and Consider Action on Items Discussed (Agenda Item X11)
Durin¢ Executive Session
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 appoint Peter H. Vargas as City Manager
for the City of Allen in accordance with the compensation agreement dated November 18,
1998, and authorize the Mayor to sign the agreement for Mr Vargas to begin employment on
Eor before January 4, 1999 The motion carried.
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Public Recosmition (Agenda Item IV)
• Request to Appear from Judge John Payton of the Allen Jaycees Regarding the Annual Christmas
Parade.
• Citizens' Comments
There were no citizen's comments.
Consent Aeenda (Agenda Item V)
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk,
Item B be removed from the Consent Agenda for review at a future meeting:
B. Approve a Resolution Amending the Council's Ends Policies Affecting Minimum Housing
Quality
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 approve and adopt all remaining items on
the Consent Agenda as recommended and as follows.
A. Approve Minutes of the November 5, 1998, Regular Meeting
C. Approve a Resolution Urging the Texas Legislature to Increase Appropriations for Road and
Bridge Maintenance and Expansion.
Resolution No. 1655-11-98(R): A Resolution of the city Council of the City of Allen,
Collin County, Texas, Urging the Texas Legislature to Increase Appropriations for Road
and Bridge Maintenance and Expansion.
The motion carried.
Statutory Aeenda
(Agenda Item VI)
MOTION: Upon a motion made by Councilmember Banlemay and a second by Mayor Pro Tem Kerr,
the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the
Statutory Agenda as recommended and as follows:
TABLED ITEM: Authorize City Manager to Negotiate a Contract for Design Services of the
Allen Public Library Expansion.
This item was not removed from the table.
B. Approve Second Reading of an Ordinance Authorizing CoSery Gas Franchise with the City
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Ordinance No. 1653-11-98: An Ordinance of the City of Allen, Collin County, Texas,
Granting to CoSery Ltd. 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 Repealing Clause; Providing A Severability
Clause; And Providing For The Effective Date Of Said Ordinance.
C. Authorize Execution of a Contract for Engineering Services for the Construction to Extend
Chaparral Road to Cottonwood Creek.
Council authorized the Acting City Manager to execute a contract with Caner & Burgess for
an amount of $184,300 in accordance with previous discussion in the workshop session.
D Authorize Execution of a Contract for Engineering Services for the Construction of Alma
Road.
Council authorized the Acting City Manager to execute a contract with Binkley & Barfield,
Inc., for an amount of $297,000.
E. Authorize Execution of a Contract for Engineering Services for the Construction of Stacy
Road.
Council authorized the Acting City Manager to execute a contract with Winkelman &
Associates, Inc., for an amount of $541,600.
F Receive CIP (Capital Improvements Program) Status Report.
The motion carried.
TABLED ITEM: 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
This item was not removed from the table
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Public Hearing to Consider the Recommendation of (Agenda Item VIII)
the Planning and Zoning Commission for a Request
to Place Permanent Zoning of Planned Development
for Single Family Residential Uses on 123.0091 Acres
of Land Located South of the Proposed Ridgeview
Drive and Stacy Road m Requested by the Campbell
Planner Marcie Diamond reviewed the request to place Planned Development zoning for R-5 zoning
on 123 f acres of land. The property is currently undeveloped and is zoned A -O. The Planning and Zoning
Commission recommended approval of the request as submitted with the following amendments. 1) All lots
adjacent to the Kitty Hawk Subdivision shall have a minimum square footage of 11,000 square feet; 2) All lots
adjacent to parkland shall be single loaded, 3) Maximum average density shall be 3.4 dwelling units per acre;
4) Prior to development of any portion of the land, at least two access roads must he in place. These roads
must connect to existing major thoroughfares. A maximum of one of these roads may be temporary and the
other shall be permanent with standard concrete pavement, 5) Prior to platting the property, a General
Development Plan will be submitted. This General Development Plan shall be accompanied by a Traffic
Impact Analysis to determine: (a) when two permanent access roads are needed to serve the development and
(b) that proper circulation and capacity will be provided for each proposed phase of development; 11 A
Facilities Agreement will be entered between the developer and the City of Allen prior to the approval of any
plat on the property This facilities agreement shall include but not be limited to timing and financial
responsibilities for the various road and thoroughfare improvements as required by the results of the Traffic
Impact Analysis; 7) Any lots which back up to the tree line on the eastern line of the property adjacent to Kitty
Hawk shall not have alleys without the allowance of 50% front entry and 50% swing entry garages as
provided for; and, 8) The existing tree line along the eastern line of the property adjacent to Kitty Hawk be
preserved to the extent possible.
Mr. Frank Murphy, proponent, asked for consideration of straight entry garage with a shadowbox
effect architecturally controlled, single car doors with masonry columus of at least 12" and one of the doors
set back, maximum of 50%
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 several options: Homeowners Association will be listed on the PD A Facilities
Agreement and Traffic Study will be completed prior to development. Two points of access is needed. At
time of PD, flood plain will be dedicated. Tree line easement to City would preserve and protect the tree line
from destruction. The erection of fences can be limited to authorization by staff or Planning and Zoning
Commission prior to issuance of a permit. Fence -row trees shall be preserved in accordance with the Tree
Preservation Ordinance. In accordance with ordinance property owner could dedicate easement.
MOTION: Upon a motion by Councibnember Thomas and a second by Councilmember Folk, the Council
voted seven (7) for and none (0) opposed to approve the recommendation of the Planning and
Zoning Commission with the following amendments: 1) Item "K" of development regulations
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shall read: The existing tree line along the west property line adjacent to Kitty Hawk shall be
preserved per the Tree Preservation Ordinance and the Zoning Ordinance as amended; 2)
Homeowners Association be listed on the Planned Development; and, 3) Flood plain dedication
designation be added to Planned Development. The motion carried.
Public Hearing on a Request to Establish (Agenda Item M
Reinvestment Zone #18 to Support a New Facility in
Allen and Adopt an Ordinance Implementing
Reinvestment Zone #18.
Economic Development Marketing Director Charisse Reaume informed Council Micrografx intends
to develop an 80,000 square foot building on the final 10 acres in Millennium Technology Park. The
company designs and manufactures software graphics packages and will initially employ 220 associates. The
agreement will include real and personal property tax abatements totaling 400% over a six-year period on
City taxes There will be no abatement provided on School taxes. In return, Micrografx will construct a
building and relocate equipment valued in excess of $11 million. According to these projections, Micrografx
will contribute $1,272,854 in local taxes and the City will forgo $253,000 in abatements over the next sic
years.
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.
Ordinance No. 1656-11-98: An Ordinance of the
City of Allen, Collin County, Texas, Designating a
Certain Area as Industrial Reinvestment Zone No.
18; Providing for the Establishment of Agreements
within the Zone, and Other Matters Relating
Thereto; Providing Findings of Fact; Providing a
Severability Clause; and Providing an Effective
Date for the Commencement of the Reinvestment
Zone and this Ordinance.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen,
the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No.
1656-I1-98 as previously captioned. The motion carried.
Other Business (Agenda Item IQ
A. Appoint Capital Improvement Program Steering Committee Members.
Community Development Director Bill Petty distributed CIP Process Manuals and
Workbooks. A final list of committee members will be gleaned from the following names:
John Ross, Jim Wolfe, Jim Waldbauer, Sharon Brazeal, Mary Vail -Grube, Robin Sedlachek,
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Steve Shafranek, Mike McClachey, John Poer, Laurelle Zamparelli, Steve Matthews, Gail
Boon, Bryan Yost, Jerry Wilson, Don Rodenbaugh, Debbie Cosgrove and Joe Farmer.
Accept Monitoring Reports of Ad Hoc Inspection Committee.
• Council Support and Communication (EL 3.9)
• Capital Improvements Program (EL 3.10)
There was no discussion held.
1. The Council will operate in all ways mindful of its public trusteeship obligation to the
citizenry who morally own city government.
A Councilmembers are answerable to the citizenry and the news media for the
C. Staff Presentation - Need for Local Public Safety Training Facility
A PowerPoint presentation was conducted by Police Captain Mike Stephens, Assistant Fire
Chief Ken Lindsey, Fire Chief Ron Gentry and Police Chief Bill Rushing.
Through a cooperative effort, the City of Parker police and fire personnel may use this facility
if the facility is constructed within the confines of the Bolin property The City of Parker
attorneys have agreed upon the terms required for the City of Allen to build the proposed
facility With the cooperation of Kenneth Bolin, owner of the proposed site location, the
required amount of land has been offered for sale at a reasonable price.
If a facility in Allen is not available, Collin County will be used for training purposes.
Various locations were considered but price was a restriction.
Council asked the location be a consideration as a top priority Fire Station A5 or p6 locations
might be convenient for upkeep A total dollar amount for a final project needs to be
determined. Operation and maintenance costs is a factor. Council expressed concerns about
the driving course being located next to the school and possible competition with the Collin
County Community College facility
In frud summarization, Council supports the concept but would request additional information
on the following issues: self sustaining training; what does it look like; location; coordinate
with County; and any revenues that might be produced.
D Discuss Draft Media Relations Policy
Acting City Manager Michael Stanger discussed adapting the Council's Governance Policy
Media Relations Chapter to the recently adopted Communications and Marketing Plan, 1998-
2000 with the following amendment'
1. The Council will operate in all ways mindful of its public trusteeship obligation to the
citizenry who morally own city government.
A Councilmembers are answerable to the citizenry and the news media for the
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Council's policy decisions and their individual votes, and will not delegate this
accountability to the city manager, city secretary, city atiomey or municipal
judge without first providing specific instructions.
Council directed staff to prepare a resolution adopting this change to the Media Relations
Chapter of the Council's Governance Policy
E. Governance Self -Evaluation.
No report.
Calendar.
• November 20, 1998, Groundbreaking Ceremony, Allen Civic Plaza
• December 2, 1998, Board Appreciation Dinner at EI Dorado Country Club
• December 5, 1998, We are the World ...Allen, Texas, Sponsored by Allen Chamber of
Commerce
➢Rudolph Run
DKiwanis Breakfast
➢Jaycees Parade
➢Arts and Crafts Fair at Allen High School
Christmas Tree Lighting
➢Performance by Allen's Philharmonic Symphony Orchestra
• December 9, 1998, Employee Holiday Parry at Bill Bates Ranch
G. Items of Interest.
• Parker Lawsuit - Attorney of Record — Richard Abernathy
• Request for Support of Collin County MHMR (Mental Health Mental Retardation) for the
Tenant Based Rental Assistance Project — To be on next agenda.
• Twin Creeks Groundbreaking held today
• TCI report on channel expansion.
• Council reviewed the architecture of Millennium Office Park.
• Council discussed the City Hall design and directed staff to ask Architect Ron Hobbs to
return to Council to institute cosmetic changes to the building to not be so austere. Council
would like a process to decide exterior, color, landscape of the complex.
(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
EAllen City Council at 12:30 a.m. on Friday, November 21, 1998. The motion carried.
These minutes approved on the 3rd day of December, 1998.
ALLEN CITY COUNCIL
] REGULAR MEETING
NOVEMBER 19, 1998
APPROVED:
,4L
Stephen Terrell, MAYOR
ATTEST:
Juq MorrWA, CMC, CITY SECRETARY
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