Min - City Council - 1999 - 01/21 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 21, 1999
Present:
Stephen Terrell, Mayor
Councilmemben:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Susan Bartlemay (absent)
Kenneth Fulk
Melissa Owen
City Staff:
Peter H. Vargas, City Manager
Judy Morrison, City Secretary
Peter G. Smith, Acting City Attorney
DINNER AND PRE- MEETING WORKSHOP
Call to Order and Announce a Ouorum is Present (Agenda Item 1)
With a quomm of the Councilmembers present, dinner and the pre -meeting workshop session of the
Allen City Council was called to order by Mayor Terrell at 6:25 p.m. on Thursday, January 21, 1999, in the
Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas,
Discuss Current Aeenda (Agenda Item II)
• Discussion on Agenda Item VII -G Regarding Maximum Cable Rates for Programming Costs,
Equipment and Installation, and Ordering Refunds.
Discussion was held regarding a potential rate increase from TCI Cablevision.
• Discussion on Agenda Item VII -K Regarding Bids Received for Phase II Construction of City Hall
Jerry Gallagher, of Gallagher Construction Management Services, recommended Council authorize
Plyler Steel Fabrication's bid for steel. If there are fluctuations in steel prices, overruns will be
covered by contingency funds. Mr. Gallagher requested additional time to research the bid on stone
for City Hall. It is hoped that another quarry will be able to provide the product needed. Council was
assured that standards will not be lowered due to scheduling problems or cost override.
ALLEN CITY COUNCIL
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PAGE 2
Council directed the City Manager to check with the project's architect regarding one -inch versus
three-inch stone and its reliability Council requested the construction manager bring a running total
on the project budget and the amount of contingency used
• Discussion on Agenda Item VII -A Recommending Item be Tabled
A standard motion will be used to table items in the future.
Items of Interest (Agenda Item III)
• Council Update on the 1999 Capital Improvement Program by Jim Wolfe, Chair
Jim Wolfe, Chair of the 1999 CIP Committee, reported on the recent meetings of the CIP
Committees. Although the Co -Chair has had to resign there is no need to fill that position. He
recommended in the future the Finance Committee organize prior to the other committees due to the
need to receive financial information early in the process.
• Discussion on Combining Public Hearings and Introduction of Ordinances on same Agenda
Ee The City Manager recommended ordinances be adopted the same evening as the public hearing. A
® concern was expressed regarding Planned Developments Council agreed to streamline the process.
(Agenda Item IV)
• Ends Policy Larger Lots and Cost of Development
The Assistant City Manager reported that a full report would be provided regarding large lots/low
density at a future meeting Staff will also be submitting a new larger lot zoning classification and a
recommendation on amending the Comprehensive Plan.
• Philosophy/Environmental Scan Report
Council requested staff be aware of Y2K issues. Other governmental agencies may also provide risks
to the functions of the City of Allen.
The workshop session recessed at 7:25 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 7:35 p.m. on Thursday, January 21, 1999, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
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REGULAR MEETING
JANUARY 21, 1999
PAGE 3
Public Recoenition (Agenda Item V)
• Request to Appear by Steve Matthews, Leadership Allen, Regarding the Leadership Allen Class
Project for 1999
Lee Howard, Chair of the Leadership Allen Class, introduced Leadership Allen Class X member
Steve Matthews, Mr. Matthews presented information on this year's class project to recreate the
downtown train station. The class is currently researching the history of this facility and is proposing
the City of Allen take ownership of the Allen Station Heritage Center upon completion.
Council expressed enthusiasm for the project.
• Citizens' Comments.
Scout Troop 334 presented boy scouts working on the "Citizen in Community Award" to the Council.
Consent Acenda (Agenda Item VI)
MOTION: Upon a motion made by Councilmember Fulk and a second by Mayor Pro Tem Kerr, 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 January 7, 1999, Regular Meeting.
B. Approve a Resolution Supporting the Texas Municipal League and Texas Parks and
Recreation Society to the Texas Legislature Calling for Adequate Funding of the State Park
System.
Resolution No. 1675-1-99(R): A Resolution of the City of Allen, Collin County, Texas,
Requesting the Governor of the State of Texas Develop a Major Legislative Initiative for
the 76t° Legislative Session to Promote and Enhance the Integrated State Recreation and
Parks System; Requesting the 76'h Legislature Provide Adequate Funding for the
Integrated State Recreation and Parks System; and Providing for the Effective Date
Thereof.
C. Accept Resignation and Declare Vacancies on Various City Boards.
Council accepted the resignation of Economic Development Corporation Place No. 3 member,
John Poet, and declared vacancies in Place No. 3 of the Economic Development Corporation
and Alternate Place No. 2 of the Board of Adjustment. Jerry Higgins was appointed on
January 7 to the Sign Control Board creating the vacancy on the Board of Adjustment.
The motion carried.
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JANUARY 21, 1999
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Statutory Acenda (Agenda Item VII)
MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the
Council removed the following agenda items on the Statutory Agenda:
A. TABLED ITEM: Authorize City Manager to Negotiate a Contract for Design Services of the
Allen Public Library Expansion.
K Consider Approval of Bids for Phase 11 of Construction of City Hall.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the
Council voted six (6) for and none (0) opposed to approve and adopt all remaining items on
the Statutory Agenda as recommended and as follows:
TABLED ITEM Adopt an Ordinance Abandoning One Twenty-five Foot Alley and One
Twenty Foot Alley Located South of McDermott Drive and East of Butler Drive as Requested
by Wilbo Properties, Inc.
C. Adopt an Ordnance Confirming Action of City Council on January 7, 1999, for a Specific
Use Permit for a Telecommunications Facility (Mono -Pole Tower) Located Southwest of
Allentown Parkway
Ordinance No. 1677-1-99:. An Ordinance of the City of Allen, Collin County, Texas
Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously
Amended, by Approving Specific Use Permit No. 61 for a Communication Tower for .028
Acres of Land Being a Part of Lot 2 Block A in the Allentown Office Park Addition to the
City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached
Hereto; Providing Special Conditions and Site Plan Attached Hereto as Exhibits "B" and
"C", Respectively; Providing for a Repealing Clause; Providing for a Severability Clause;
Providing for a Savings Clause; Providing for a Penalty of Fine not to Exceed the Sum of
Two Thousand Dollars ($2,000) for Each Offense; and Providing for the Effective Date of
Said Ordinance.
D Adopt an Ordinance Confirming Action of City Council on January 7, 1999, for a Zoning
Request to Amend Planned Development No. 70 being 64.09 Acres of Land Located at the
Southwest Corner of Bethany Drive and FM 2551
Ordinance No. 1678-1-99:. An Ordinance of the City of Allen, Collin County, Texas
Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously
Amended, by Granting a Change in Zoning by Amending Ordinance No. 1640-10-98,
Planned Development -R6 -No. 70 (PD -R6 -No. 70) For R-6 Single Family, of Community
Facilities and LR Local Retail for 64.09 Acres in the D.B. Hearne Survey, Abstract No.
427, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached
Hereto; Providing for Development Regulations, Land Use Plan, and Concept Plan
Attached Hereto as Exhibits "B", "C", and "D" Respectively; Providing for a Repealing
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JANUARY 21, 1999
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Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing for
a Penalty of Fine Not to Exceed the Sam of Two Thousand Dollars ($2,000) for Each
Offense; and Providing for the Effective Date of Said Ordinance.
E. Adopt an Ordinance Confirming Action of City Council on January 7, 1999, to Amend
Planned Development No. 71 for R-7 Uses on 13.736± Acres of Land Located on Suncreek
Boulevard, South of McDermott Drive.
Ordinance No. 1680-1-99:. An Ordinance of the City of Allen, Collin County, Texas
Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously
Amended, by Amending Ordinance No. 1226-3-94 Planned Development No. 55 by
Amending the Development Regulations to Allow Restaurant/Private Club as a Permitted
Use by Specific Use Permit; and by Approving Spec Use Permit No. 62 With Site Plan,
Floor Plan, and Front Elevations for a Restaurant/Private Club for 1.378 Acres of Land
Being a Part of Lot 2 Block B in the Allen Central Retail Addition No. 2, an Addition to the
City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached
Hereto; Providing for a Site Plan, Floor Plan, and Front Elevations Attached Hereto as
Exhibits `B", "C", and "D" Respectively; Providing for a Repealing Clause; Providing for
a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine Not
to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; and Providing for
the Effective Date of Said Ordinance.
G. Adopt an Ordinance Amending the Maximum Rates that TCI Cablevision of the Metroplex,
Inc. may Charge for Programming Costs, Equipment and Installation, and Ordering Refunds.
Ordinance No. 1679-1-99:. An Ordinance of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as
Previously Amended, by Granting a Change in Zoning by Amending Ordinance No.
1639-10-98, Floodplain Planned Development -R7 -No. 71 (FP -PD -R7 -No. 71) by
Amending the Development Regulations for 13.736 Acres in the Alfred Slack Survey,
Abstract 854, the Joab Butler Survey, Abstract No. 47, and the James Wilcox Survey,
Abstract No. 1018, City of Allen, Collin County, and Being Further Described in Exhibit
"A" Attached Hereto; Providing for Development Regulations and Land Use Plan
Attached Hereto as Exhibits "B" and "C", Respectively; Providing for a Repealing
Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing
for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for
Each Offense; and Providing for the Effective Date of Said Ordinance.
F Adopt an Ordinance Confirming Action of City Council on January 7, 1999, for an
Amendment to Planned Development No. 55 for a Portion of Tract 4 to Permit
Restaurant/Private Club and to Grant a Specific Use Permit on 1.378± Acres of Land for a
Chili's Restaurant with Private Club.
Ordinance No. 1680-1-99:. An Ordinance of the City of Allen, Collin County, Texas
Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously
Amended, by Amending Ordinance No. 1226-3-94 Planned Development No. 55 by
Amending the Development Regulations to Allow Restaurant/Private Club as a Permitted
Use by Specific Use Permit; and by Approving Spec Use Permit No. 62 With Site Plan,
Floor Plan, and Front Elevations for a Restaurant/Private Club for 1.378 Acres of Land
Being a Part of Lot 2 Block B in the Allen Central Retail Addition No. 2, an Addition to the
City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached
Hereto; Providing for a Site Plan, Floor Plan, and Front Elevations Attached Hereto as
Exhibits `B", "C", and "D" Respectively; Providing for a Repealing Clause; Providing for
a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine Not
to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; and Providing for
the Effective Date of Said Ordinance.
G. Adopt an Ordinance Amending the Maximum Rates that TCI Cablevision of the Metroplex,
Inc. may Charge for Programming Costs, Equipment and Installation, and Ordering Refunds.
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JANUARY 21, 1999
PAGE 6
Ordinance No. 1681-1-99: An Ordinance of the City of Allen, Collin County, Texas
Amending the Maximum Rates that TCI Cablevision of the Metroplex, Inc., may Charge
Its Allen Cable Television Subscribers for Programming Costs, Equipment and
Installation; Ordering Refunds; Providing for a Severability Clause; Providing for a
Repealing Clause; Providing for a Penalty of Fine not to Exceed the Sum of Five
Hundred Dollars ($500) for Each Offense; and Providing for the Effective Date of Said
Ordinance.
H. Adopt a Resolution Identifying an Official City of Allen Logo.
Resolution No. 1682-1-99(R): A Resolution of the City Council of the City of Allen, Coffin
County, Texas, Designating the Graphic Currently Used to Identify the City of Allen as the
City's Official Logo.
I Set February 4, 1999, as the Public Hearings Date to Consider Annexation of a 203.39± Acre
Tract of land Located South of Exchange and East of Malone as Requested by Charles A.
Angel, Jr.
J Consider the Recommendation of the Sign Control Board for Approval of a Sign Variance
Request for Crown Pools at 705 E. Main Street.
L. Award Bid and Authorize Execution of a Contract for Construction of Cottonwood Creek
Pedestrian Bridge.
Council authorized the City Manager to execute a contract with the lowest and best bidder,
Dean Electric, in the amount of $117,351.90 for construction of the Cottonwood Creek
Pedestrian Bridge.
M. Authorize Execution of an Engineering Contract for Water, Sewer and Thoroughfare Impact
Fee Updates and the Water Master Plan.
Council authorized the City Manager to execute a contract with Shimek, Jacobs & Finklea,
LLP, for an amount not to exceed $72,200 for engineering services for the Water, Sewer and
Thoroughfare Impact Fee Updates and the Water Master Plan.
N Authorize Allen Independent School District to Use Allen Station Park and to Charge a Fee
for a High School Softball Tournament.
Council authorized Allen High School to host a Fast Pitch Softball Tournament at Allen
Station Park on February 25, 26 and 27 and to allow Allen Independent School District to
charge a fee for a gate pass of $3.00 and tournament pass of $5 00.
O Receive CIP (Capital Improvements Program) Status Report.
The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 21, 1999 PAGE 7
A. TABLED ITEM: Authorize City Manager to Negotiate a Contract for Design Services of the
Allen Public Library Expansion.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen,
the Council voted six (6) for and none (0) opposed to remove Agenda Item VII -A from the
table.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to postpone consideration of the City Manager
negotiating a contract for design services of the Allen Public Library Expansion and to remove
the item from future council agendas until the City Manager and staff have determined the
need for a contract of such services. The motion carried.
K Consider Approval of Bids for Phase II of Construction of City Hall.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to authorize the City Manager to execute a
contract with Plyler Steel Fabrication, for BP -05-B Steel, in the amount of $1,086,000 and
postpone consideration of extending a contract on BP -04-A Stone until Gallagher Construction
Management Services can further review this package. The motion carried.
B. TABLED ITEM: Adopt an Ordinance Abandoning One Twenty-five Foot Alley and One
Twenty Foot Alley Located South of McDermott Drive and East of Butter Drive as Requested
by Wilbo Properties, Inc.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the
Council voted six (6) for and none (0) opposed to reconsider Agenda Item VII -B. The motion
carried.
Ordinance No. 1676-1-99: An Ordinance of the City
of Allen, Collin County, Texas Abandoning All Right,
Title and Interest in a 20 Foot Alley Rightof-Way,
Located East of Butler Street, South of McDermott
Drive, Being More Particularly Described as Tract A
in Exhibit "A" Attached Hereto; and Abandoning a
Portion of a 25 Foot Alley Right -of -Way Located
South of McDermott Drive, North of the Alpha
Storage Addition and Being More Particularly
Described in as Tract B in Exhibit "A" Attached
Hereto; Providing for the Furnishing of a Certified
Copy of this Ordinance for Recording in the Real
Property Records of Collin County, Texas, as a
Quitclaim Deed; Providing for the Indemnification of
the City of Allen, Texas Against Damages Arising Out
of the Abandonment; Authorizing the City Manager
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JANUARY 21, 1999 PAGE 8
to Execute any Documents Necessary to Complete
Abandonment; and Providing for the Effective Date
of Said Ordinance.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to remove Agenda Item VII -B from the table
and to approve Ordinance No. 1676-1-99 as previously captioned. The motion carried.
TABLED ITEM: Consider the Recommendation of (Agenda Item VIII)
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
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 remove Agenda Item VIII from the table
The motion carried.
Planner Marcie Diamond informed Council she had received a letter from the applicant, Papyus
Corporation, requesting Council withdraw consideration of this request A vote to deny this request without
prejudice will allow for another zoning request to be applied for on this tract without being subject to a one-
year waiting period.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the
Council voted six (6) for and none (0) opposed to approve the applicants request to withdraw
his application for zoning on this tract of land. The motion carried.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Gallagher,
the Council voted six (6) for and none (0) opposed to direct the Planning and Zoning
Commission to research appropriate zoning for this property and to conduct a public hearing,
if needed. The motion carried.
Other Business (Agenda Item IX)
A. Appointment of Council Ad Hoc Committee to Review the City of Allen Annual Audit.
Council appointed Councilmembers Fulk and Thomas to an Ad Hoc Committee charged with
reviewing the City of Allen Annual Audit.
B Accept Monitoring Reports
Treatment of Citizens Policy (EL 3 1)
Financial Planning/Budgeting Policy (EL 3.3)
The report shows a good baseline for future acknowledgements.
January 30
ALLEN CITY COUNCIL
February 1
REGULAR MEETING
February 15
JANUARY 21, 1999
February 20
C. Governance Self -Evaluation
March 29
D Calendar
January 30
Allen Special Olympics Auction and Dinner
February 1
TML Legislative Update
February 15
First day Council Candidates may file
February 20
Collin County Bond Election
March 29
Tentative Triad Meeting
E. Items of Interest
PAGE 9
• Reminder - Collin County Day in Austin - February 24
• Discussion was held regarding presenting plaques to retired board members at Council
meetings following the acceptance of resignation instead of at Board Appreciation Dinner.
• The Council Ad Hoc Committee for board review submitted a draft of the Planning and
Zoning Commission bylaws for Council review
• Saturday, January 23, Collin County Judge Harris will present Bond Information at the
Allen Public Library
The Regular Session recessed at 8 58 p.m
Executive Session
(Agenda Item X)
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 9.00 p.m. on Thursday, January 21, 1999, 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 Park Property through Texas Parks and Recreation Foundation
The Executive Session adjourned at 9.06 p in. on Thursday, January 21, 1999
Reconvene and Consider Action on Items Discussed
During Executive Session
(Agenda Item XI)
The Allen City Council reconvened into regular session at 9:07 p.m. on Thursday, January 21, 1999,
in the Council Chambers of the Allen Public Library
(Agenda Item XII)
MOTION: Upon a motion made by Councdmember Gallagher and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 9:07 p.m. on Thursday, January 21, 1999 The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 21, 1999 PAGE 10
These minutes approved on the 4th day of February, 1999
APPROVED:
:�A& ]�!a
StephenYOR
ATTEST:
Judy Mo on, CMC, CITY SECRETARY