Min - City Council - 1999 - 03/04 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MARCH 4, 1999
Present:
Stephen Terrell, Mayor
Councibnemben:
David Kerr, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Susan Banlemay
Kenneth Fulk
Melissa Owen
City Staff:
Peter H. Vargas, City Manager
Judy Morrison, City Secretary
Peter G. Smith, City Attorney
DINNER AND PRE -MEETING WORKSHOP
Call to Order and Annomtce 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 6:25 p.m. on Thursday, March 4, 1999, in the
Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Mayor Pro Tem Kerr
and Councilmember Fulk had other commitments and arrived during the regular meeting.
Discuss Current Aeenda (Agenda Item II)
There was no discussion held regarding the current agenda.
(Agenda Item III)
• Discussion Regarding City Manager Authorization of Reimbursement Agreements (ProRata) under
$50,000
The City Manager proposed and Council discussed establishing a procedure authorizing the City Manager
to agree to small requests, collect fees from future developers of the land these facilities cross and
reimburse the fees to the requester for projects costing less than $50,000. An ordinance will be presented
for Council consideration at a future date.
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• Video Presentation - Presbyterian Medical Center - Allen, Texas
Council viewed a video presentation provided by Presbyterian Medical Center of the Medical Center
currently under construction in Allen.
• Video Presentation - Allen USA Celebration
Council viewed the promotional video for the 1999 Allen USA Celebration.
Policy Aeenda (Agenda Item IV)
• Ends Policy Larger Lots and Cost of Development
Partnership Discussion and Public Comment
The City Manager recommended Council establish a committee to look at the future development to
include urban planners.
MOTION: Upon a motion by Councilmember Thomas and a second by Councilmember Gallagher, the
Council voted five (5) for and none (0) opposed to proceed to the Documentation/Draft Ends
Statement stage for the purpose of establishing Ends policies that achieve: 1) Sustain or grow
property values; 2) Neighborhoods planned for the long term; 3) Neighborhoods, not
developments; 4) The End is what it does for people who live there, not the people who plan it
or build it; 5) Neighborhoods with character, not cookie -cutter; 6) Progressive, non-
traditional; 7) Highest quality; 8) Looks good; 9) Neighborhoods that serve residents, that
people are proud to be part of; 10) Buildings and infrastructure that last 30 years or more; 11)
Three-quarter to one -acre lots; 12) Diversity toward high end; 13) Large lots combined with
design/development standards; 14) Construction standards and enforcement; 15) Design of
common areas; and, 16) Not to deliberately slow down growth. The motion carried.
Conduct a Public Hearing and Consider Annexation of a 2.249± (Agenda Item V)
Acre Tract of Land Located Adjacent to Lovejoy ISD as Requested
by Doyle R. Cameron
City Secretary Judy Morrison informed the Council an annexation request was received from Doyle
R. Cameron, on February 3, 1999 The property in question is in the Allen Extraterritorial Jurisdiction and
can be legally annexed by the City of Allen.
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, Mayor Terrell closed the public hearing.
This property is within the planning jurisdiction of the City of Allen and will be offered the standard
���'''``` service plan with soft services and hard services according to State Law There will be no additional cost to
E ? the City due to this annexation.
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No action was required on this item.
The workshop session recessed at 7:20 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, March 4, 1999, in the Council Chambers of the
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Public RmomrtNon (Agenda Item VI)
• Presentation of a Proclamation to the American Red Cross of North Texas Proclaiming March as "Red
Cross Month"
Mayor Terrell presented a proclamation to Amanda land of the American Red Cross. He commended the
American Red Cross for its dedicated service to our community by providing lifesaving information,
traudng, and disaster relief to individuals and families in need.
• Citizens' Comments
There were no citizens' comments.
Consent Azenda (Agenda Item VII)
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Owen,
the Council voted five (5) for and none (0) to approve and adopt all items on the Consent
Agenda as recommended and as follows:
A. Approve Minutes of the February 18, 1999, Regular Meeting.
B. Receive Tax -Assessor Collector's Report.
The motion carried.
Statutory Auenda (Agenda Item VIII)
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Thomas,
the Council voted five (5) for and none (0) opposed to approve and adopt all items on the
Statutory Agenda as recommended and as follows:
A. Adopt an Ordinance and Service Plan Annexing 203.39± Acres of Land Located East of
Malone Road and South of Exchange Parkway as Requested by Charles A. Angel, Jr.
Ordinance No. 16943-99 An Ordinance of the City Council of the City of Allen, Collin
County, Texas, Annexing Approximately 203.39 Acres Located in the Witsaul Fisher
Survey, Abstract No. 323, Collin County, Texas, and Extending the Boundary Limits of the
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City so as to Include Said Property Within the City Limits and Granting to all Inhabitants
and Owners of Said Property all of the Rights and Privileges of Other Citizens and Binding
all Inhabitants Therein by all the Ordinances, Acts, Resolutions and Regulations of Said
City; Providing a Severability Clause; and Providing for the Effective Date of Said
Ordinance.
B. Adopt a Resolution Supporting State Research and Development In Credits.
Resolution No. 1695-3-99fR1: A Resolution of the City Council of the City of Allen,
Collin County, Texas, Requesting the Governor of the State of Texas Develop a Major
Legislative Initiative for the 7e Legislative Session to Offer a Research and Development
Franchise Tax Credit and a Sales Tax Exemption for R&D Equipment; and Providing
for the Effective Date Thereof.
C. Authorize Execution of a Contract to Preload, Inc. for Construction of a Water Ground Tank.
Council authorized the City Manager to execute a contract with Preload, Inc., for $1,886,175
for construction of a six million -gallon ground storage tank located east of Custer Road and
south of SH 121.
D. Authorize Execution of a Contract for Engmeering Services and Approve a Budget for
Construction of Watters Road from Bethany Drive to McDermott Drive.
Council authorized the City Manager to execute an engineering contract with Wier &
Associates, Inc., and set a budget of $1,311,000 for the construction of Waiters Road from
Bethany Drive to McDermott Drive. The total budget consists of the following items:
Item
Budget
Engineering
$71,000
Construction
$1,000,000
Street Lights
$120,000
Contingency
$120,000
Total Budget
$1,311,000
E. Authorize the Chamber of Commerce to use Joe Farmer Recreation Center for the Business
Expo and to Charge a Fee Accordingly
Council approved the request from the Allen Chamber of Commerce to conduct a Business
Expo at the Joe Farmer Recreation Center on May 22, 1999
F Approve a Bid Authorizing the Purchase of a One -Ton Truck for the Parks and Recreation
�"'",Department through the Houston/Galveston Area Council of Governments.
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MARCH 4, 1999
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Council approved the purchase of a one -ton truck through the HGACOG at a purchase price
of $27,144 for the Parks and Recreation Department.
The motion carried.
Presentation and Recommendation by the Steering Committee (Agenda Item IX)
Regarding the Capital Improvement Projects (CIP)
review
Councilmember Fulk arrived at the Council Bench.
CIP Steering Committee Chair Jim Wolfe distributed copies of the Committee's report for Council's
This item was for information purposes only
Conduct a Public Hearing and Consider Annexation of a 2.249± (Agenda Item 1)
Acre Tract of Land Located Adjacent to Lovejoy ISD as Requested
c by Doyle R. Cameron
® City Secretary Judy Morrison informed the Council an annexation request was received from Doyle
R. Cameron, on February 3, 1999 The property in question is m the Allen Extraterritorial Jurisdiction and
can be legally annexed by the City of Allen.
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, Mayor Terrell closed the public hearing.
This property is within the planning jurisdiction of the City of Allen and will be offered the standard
service plan with soft services and hard services according to State Law There will be no additional cost to
the City due to this annexation.
No action was required on this item.
Conduct a Public Hearing and Consider the Approval and (Agenda Item XI)
Adoption of an Ordinance to Amend Planned Development No. 54
by Allowing an Increase in Square Footage from 5,000 to 5,500
Square Feet for a Cleaning Plant/Laundry on 5.6784± Acres of
Land Located Northeast of Watters Road and McDermott Drive as
Requested by Twin Creeks Village, L.P.
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Planner Marcie Diamond reviewed the request to amend the permitted uses allowed within Tract 4 of
Planned Development No. 54. The proponent is requesting additional space to include a Starbucks within the
Bibbenmckers. The actual cleaning plant portion of the use will not mcrease with the reconfigured building.
The Planning and Zoning Commission recommended approval of the request as submitted.
David Palmer, proponent, requested approval of his request.
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 hearmg.
Ordinance No. 1696-3-99: An Ordinance of the City Council 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. 1172-5-93, Planned
Development No. 54, by Amending the Area and Use Regulations to
Increase the Maximum Size of a Cleaning Plant, Laundry to 5,500
Square Feet on the Following -Described Tract of Land; Lot 3, Block
D of the Bray Central Addition in the Catherine Parsons Survey,
Abstract 711, A.B. Perrin Survey, Abstract 713, W.J. Jackson
Survey, Abstract 484, City of Allen, Collin County, and Being
Further Described in Exhibit "A" Attached Hereto; Providing for a
Concept Site Plan and Elevation Attached Hereto as Exhibits "B"
and "C", Providing for a Revised Schedule of Uses Attached Hereto
as Exhibit "D", 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.
MOTION: Upon a motion by Councilmember Banlemay and a second by Councilmember Folk, the
Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning
and Zoning Commission and to adopt Ordinance No. 1696-3-99 as previously captioned. The
motion carried.
Conduct a Public Hearing and Consider the Approval and (Agenda Item XII)
Adoption of an Ordinance Authorizing the TMRS (Texas Municipal
Retirement System) 20 -Year Retirement Plan for City of Allen
Employees
Personnel Director Laura Morrow informed Council that funding was included in the FY 1998-99
Budget to allow the City to adopt "20 -year any age" retirement. If Council approves the Ordinance, the
provision would become effective April 1, 1999 The actual budgetary impact will be $18,762.
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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 aga sst the request, Mayor Terrell closed the public hearing.
Ordinance No. 1697-3-99 An Ordinance of the City Council of the
City of Allen, Collin County, Texas, Affecting Participation of City
Employees in the Texas Municipal Retirement System Granting the
Additional Rights Authorized by Section 854.202(G) of Title 8, Texas
Government Code, as Amended; Providing for a Repealing Clause;
Providing for a Severability Clause; and Providing an Effective Date
of Said Ordinance.
MOTION: Upon a motion by Councilmember Owen and a second by Councilmember Gallagher, the
Council voted six (6) for and none (0) opposed to adopt Ordinance No. 1697-3-99 as
previously captioned providing for Texas Municipal Retirement System 20 -year retirement for
City of Allen employees with an effective date of April 1, 1999 The motion carried.
TABLED ITEM: Consider the Approval and Adoption of an (Agenda Item XIII)
Ordinance Requesting Planned Development Zoning (Changed
from a Less Restrictive Zoning to a More Restrictive Zoning) from
Agricultural/Open Space and Planned Development 25 to a Planned
Development Single Family Residential Zoning on 43.79± Acres of
Land Located North of Exchange Parkway at the Exchange
Parkway and Allen Heights Intersection for Allen North Addition
Phase Five
Mayor Pro Tem Kerr arrived at the Council bench.
MOTION: Upon a motion by Councilmember Bartlemay and a second by Councthnember Thomas, the
Council voted seven (7) for and none (0) opposed to remove this item from the table. The
motion carried.
Planner Marcie Diamond reviewed previous Council action on this request to consider establishing a
Planned Development District for single family zoning on 43.79 acres. The proponent has reduced the
number of lots to four and is proposing open space at a ratio of one -acre per 75 dwelling units. The needed
right-of-ways for both Allen Heights Drive and Exchange Parkway will be dedicated at the time of platting
and these thoroughfares will be constructed to commensurate with the development of the subdivision.
Robert Porter, proponent, reviewed the landscaping and trasonry/berms combination.
Council questioned the lack of open space in a consolidated manner for a more usable area for the
residents. The screening wall is not required; therefore, it will be six foot in height.
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The proponent agreed to provide a masonry wall on Lots I and 46. The bermed areas will have berm
with trees and shrubs to total six foot with irrigation to be maintained by a homeowners' association.
MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) opposed to approve the request for rezoning from A-
O and PD 25 to Planned Development District for single family uses on 43.79 acres of land,
subject to the following conditions: 1) Total six foot combination of berm/landscaping, with
irrigated landscape plan submitted to staff for approval prior to preliminary plat; 2) Concept
Plan and development requirements reflect these changes that open space be shown exclusive
of right-of-way landscaping; 3) Streets be provided as cul-de-sacs in Section OS T3; 4) Alley
ways in Section OS T4 be located between lots 1 and 2 and lots 12 and 13; and, 5) Six foot
screening wall be included south of lots 1 and 46 near OS T5. The motion carried.
TABLED ITEM: Consider the Approval and Adoption of an (Agenda Item XIV)
Ordinance for a Planned Development District for R-5 Single
Family Residential, Situated on 32.152± Acres of Land Located
North of Exchange Parkway and East of City Road 146 for
Wynne/Jackson, Inc. (Fitz-Gerald/Wolfe Property)
E9 MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Banlemay, the
® Council voted seven (7) for and none (0) opposed to remove this item from the table. The
motion carried.
Planner Marcie Diamond reviewed previous Council action on this request to establish a Planned
Development District for R-5 uses on 32.152 acres of land.
Frank Murphy informed Council the open space requirement east of Alma will be provided with the
plat east of Alma The western side will be platted with the Glenover Subdivision and open space will be dealt
with in that plat.
MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council
voted six (6) for and one (1) opposed with Councthnember Thomas casting the negative vote,
to table consideration of this item and directed the proponent work with City staff to gain a
single loaded street to Planned Development 54 and its intent is to be communicated to the
Planning and Zoning Commission. The motion carried.
Conduct a Public Hearing and Consider the Approval and (Agenda Item XV)
Adoption of an Ordinance for an Amendment to the Permitted Uses
on Tract 2A of PD 31 to Permit a Cleaning Plant/Landry by
Specific Use Permit and to Grant a Specific Use Permit for this Use
on .575 Acres of Land Located at the Southwest Comer of
McDermott Drive and Sncreek Drive as Requested by Kwik
+ Industries
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Planner Marcie Diamond reviewed the request to amend Planned Development 31 to permit a cleaning
plant/laundry by Specific Use Permit on .575 acres of land. This request is not in conformance with the
private deed restrictions, which requires the United Methodist Church's approval of plans and specifications
for this development. The Planning and Zoning Commission recommended denial of the request as submitted.
Ray Ellis, proponent, 4725 Nall, Dallas, Texas, requested approval of this request.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so at this time.
Wayne and Anna Myrl Thornton, 1506 Drexel Court, Allen, Texas, did not speak but wished their
opposition to the request be noted.
Eric Smith, 4725 Nall Road, Dallas, Texas, did not speak but wished his support be noted.
Burt Palmer, 1214 Shadetree, Allen, Texas, spoke in opposition to the request on behalf of the United
Methodist Church. He opposed changing the ordinance and adding a Specific Use Permit for this use. He
felt there was a better and more compatible use for this corner and expressed concern about aesthetics.
Irving Becker, 17979 Preston Road, Dallas, Texas, spoke in favor of the request. He noted two deed
restrictions and the allowable uses on the property
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
MOTION: Upon a motion by Councilmember Thomas and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to confirm the recommendation of the
Planning and Zoning Commission and to deny the request for a Specific Use Permit to permit
a cleaning plant on Tract 2A of Planned Development 31. The motion carried.
Other Business (Agenda Item XVI)
A. Governance Self -Evaluation
B. Calendar
March 10 Joint Workshop with the CIP Steering Committee
March 16 Capital Improvement Program Public Hearing
March 26 Chamber of Commerce Banquet
March 29 Tentative Date for Triad Meeting
C. Items of Interest
• Records Destruction
• Land Planning Conference
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The Regular Session recessed at 10:11 p.m.
Executive Session (Agenda Item XII)
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 11.15 p.m. on Thursday, March 4, 1999, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to:
• Personnel - Discuss Employment Duties and Hours of the Municipal Court Judge
The Executive Session adjourned at 11.19 p.m. on Thursday, March 4, 1999
Reconvene and Consider Action on Items Discussed During (Agenda Item XHU
Executive Session
The Allen City Council reconvened into regular session at 11.20 p.m. on Thursday, March 4, 1999,
in the Council Chambers of the Allen Public Library
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 reappoint Linda Hopper for a two-year
term beginning on January 2, 1999, to January 1, 2001 and authorized the City Manager to
enter into an employment agreement which provides a minimum work week and expanded job
duties. The motion carried.
(Agenda Item XIV)
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 11.21 p.m. on Thursday, March 4, 1999 The motion carried.
These minutes approved on the 18th day of March, 1999
APPROVED:
Stephen lFerrell, MAYOR
ATTEST:
Judy Mo on, CMC, CITY SECRETARY