Min - City Council - 1999 - 04/01 - RegularALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999
Present
Stephen Terrell, Mayor
Councilmembers:
David Kea, Mayor Pro Tem
Lonnie Thomas
Doug Gallagher
Susan Bartlemay
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 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 6:30 p.m. on Thursday, April 1, 1999, in the
Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
Discuss Current Agenda (Agenda Item H)
There was no discussion of the current agenda.
Items of Interest (Agenda Item III)
A. Presentation on TEA21 Call for Projects - George Conner, Director of Public Works
Public Works Director George Conner reviewed a list of potential projects for submission for
TEA21 funds. TEA21 Call for Projects started on February 14, 1999 and the Call remains
open for three months to local public agencies. The deadline to submit projects to North
Central Texas Council of Governments will be May 14, 1999
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999
PAGE 2
Council authorized staff to speak to the Town of Fairview and the Cities of Lucas and Parker
regarding the inclusion of projects for roadways our entities share. Council also authorized
the 46% local match for all projects submitted for TEA21 funding.
B. Discussion of Water Conservation Plan - George Conner, Director of Public Works
Currently, the City does not have an ordinance implementing the Water Conservation and
Drought Contingency Program. Staff has contacted surrounding cities to review their
ordinances and procedures regarding this issue and will bring an ordinance for City Council
consideration on the April 15 agenda.
C. Report regarding Public Hearing Called by Planning and Zoning Commission on Property
Located on SH 5, North of Chaparral Road - Marcie Diamond, Senior Planner
Report provided in packet, no oral presentation was given.
D Historic Tram Dam Update - Don Horton, Director of Parks and Recreation
Archaeologist Randy Moir reported on the findings of the architect study of the historical dam.
He spoke to the dam's integrity and offered solutions to repairing the dam and furthering its
preservation. Any construction needs to be sympathetic to the original structure and be
approved by the National Historical Society He distributed the initial stabilization study of
the old stone dam at Allen Station Park which recommended reshaping the stream banks,
dredging the dammed portion of the stream and repairing the east abutment where a breach
has damaged the dam's integrity
Allen Heritage Guild President Warren Johnson discussed the three historical designations
possible for the dam: 1) National Register of Historic Places, 2) Registered Texas Historic
Landmark, 3) State Archeological Landmark. He requested approval from Council to apply
for these historical designations.
Council authorized the Allen Heritage Guild to apply for these historical designations on
behalf of the City of Allen.
Policy Agenda (Agenda Item M
• Qualiry of Life Policy, Documentation and DRAFT Ends Statement
♦ Larger Lots and Cost of Development
The workshop session recessed at 7:30 p.m.
r
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999 PAGE 3
REGULAR MEETING
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Terrell at 7,40 p.m. on Thursday, April 1, 1999, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas.
(Agenda Item V)
Presentation of Oaths -of -Office and Certificates -of -Appointment to Newly Appointed Board Members
City Secretary Judy Morrison administered the Oaths -of -Office to the newly appointed members of the
Allen Community Development Corporation and Economic Development Corporation. Mayor Terrell
presented Certificates -of -Appointment to Jeff Gough and Steve Matthews certifying their new positions
and expressed a welcome and a sincere thanks to these individuals for serving their community
Presentation of Proclamation Proclaiming "National Library Week"
Mayor Terrell presented a proclamation to Barbara Buehler of the Allen Public Library proclaiming the
week of April 11 - 17 as "National Library Week."
Citizens' Comments
There were no citizens' comments.
Councilmember Bartlemay stepped down from the Council bench.
Consent Aeenda (Agenda Item VI)
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) to approve and adopt items on the Consent Agenda as
recommended and as follows:
A. Approve Minutes of the March 10, 1999, City Council/1999 Capital Improvement Steering
Committee Joint Workshop Meeting.
B. Approve Minutes of the March 16, 1999, City Council/1999 Capital Improvement Steering
Committee Public Hearing.
C. Approve Minutes of the March 18, 1999, Regular Meeting.
D Consider all Matters Incident and Related to the Issuance and Sale of $5,125,000 Sales Tax
Revenue Bonds, Series 1999, including the Adoption of a Resolution Approving such Bonds
and a Financing/Use Agreement with the Allen Community Development Corporation.
Resolution No. 1702-4-99(R): A Resolution of the City Council of the City of Allen,
Texas, Relating to the "Allen Community Development Corporation Sales Tax Revenue
Bonds, Series 1999"; Approving (i) the Resolution of the Board of Directors of the Allen
Community Development Corporation Authorizing the Issuance of Such Bonds and (u)
the Execution, on Behalf of the City, of the Financing/Use Agreement Relating to Such
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999
PAGE 4
Financing by the Allen Community Development Corporation; Resolving Other Matters
Incident and Related to the Issuance of Such Bonds; and Providing an Effective Date.
E. Receive Tax -Assessor Collector's Report.
The motion carried.
Statutory Aeenda (Agenda Item VII)
MOTION: Upon a motion made by Mayor Pro Tem Kerr, the Council removed the following agenda
item on the Statutory Agenda:
C. Adopt an Ordinance Establishing a Non -Resident Fee Rate for the Use of City Athletic
Facilities.
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 approve and adopt all remaining items on
the Statutory Agenda as recommended and as follows:
A. Adopt an Ordinance and Service Plan Annexing 2.249± Acres of Land Located Adjacent to
Lovejoy ISD as Requested by Doyle R Cameron.
Ordinance No. 1703-4-99: An Ordinance of the City Council of the City of Allen, Collin
County, Texas, Annexing Approximately 2.249 Acres Located in the Gabe Fitzhugh
Survey, Abstract No. 320, Collin County, Texas, and More Particularly Described in
Exhibit "A" Attached Hereto; and Extending the Boundary Limits of the 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; Approving a
Service Man for Such Property Attached Hereto as Exhibit `B"; Providing a Severability
Clause; and Providing for the Effective Date of Said Ordinance.
B. Adopt an Ordinance Amending the Visibility Triangle Requirements on Corners of
Intersections.
Ordinance No. 1704-4-99: An Ordinance of the City Council of the City of Allen, Texas,
Amending Chapter 13, Section 13-1, of the Code of Ordinances to Establish Street Sight
Visibility Requirements; Providing a Severability Clause; Providing a Repealing Clause;
Providing a Savings Clause; Providing for a Penalty of a Fine Not to Exceed the Sum of
Five Hundred Dollars ($500.00) for Each Offense; and Providing an Effective Date.
I
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999 PAGE 5
D. Adopt a Resolution Authorizing an Interlocal Agreement for a Cable TV Rate Study
Resolution No. 17064-99(R): A Resolution of the City Council of the City of Allen, Collin
County, Texas, Authorizing the Participation of the City of Allen in a Coalition with Other
Service Area Cities of TCI Cablevision for the Purpose of Rate Regulation and Other Service
Matters Concerning TCI Cablevision and Authorizing the Coalition's Service Area Cities to
Retain a Consultant to Initiate a Rate Review of TCI Cablevision.
E. Authorize Execution of an Agreement with Second Century Investments for Development and
Lease of a Civic Center
Council authorized the Mayor to execute an agreement with Second Century Investments for
the development and lease of a Civic Center for a term of five years with rent payable in the
equivalent of the hotel/motel funds generated from the project with a $1 million threshold.
F Authorize Execution of a Contract on behalf of the Allen Community Development
Corporation to Purchase 1003 Acres of Parkland from Charles A. Angel, Jr. for Community
Park Purposes.
z Council authorized the City Manager to work with the Allen Community Development
Corporation in negotiations with Charlie Angel for the purchase of a 100 -acre tract of land for
the development of an Athletic Complex.
G. Award Bid and Authorize Execution of a Contract for Mowing Maintenance Services.
Council awarded the bid and authorized the City Manager to execute a contract with Estates
Lawn and Landscape, Inc., for mowmg mamterumce services in the amount of $112,015.
H. Receive CIP (Capital Improvements Program) Status Report
The motion carried.
C. Adopt an Ordinance Establishing a Non -Resident Fee Rate for the Use of City Athletic
Facilities.
Ordinance No. 17054-99: An Ordinance of the City Council of the City of Allen, Collin
County, Texas, Amending Chapter 11, "Parks and Recreation", Article III, "Use of Public
Parks", Section 11-40, "User Fees" of the Allen Code of Ordinances to Establish a Fee for
Non -Resident use of Athletic Facilities Providing a Repealing Clause; Providing a
Severability Clause; and Providing an Effective Date.
MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councihnember Gallagher, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1705-4-
99 as previously captioned and recommended. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999 PAGE 6
Councihnember Barlemay returned to the Council bench.
Conduct a Public Hearing and Consider the Approval of an (Agenda Item VIII)
Ordinance Grouting a Speck Use Permit (SUP) for Gasoline Sales
on 1.2± Acres of Land within Tract 4 of Planned Development 26
Zoned for Shopping Center Uses Located at the Southeast Comer
of McDermott Drive and Alma Drive as Requested by Allen
Village, Ltd.
Planner Marcie Diamond advised Council the sign for this property was not posted as required by the
Zoning Ordinance. Notification of the public hearing appeared in the Allen American in accordance with
State law Council, therefore, has the option to waive the sign requirement or to reschedule the public
hearing.
Council elected to waive the sign requirement and proceed with the public hearing.
Planner Marcie Diamond reviewed the request to grant a Specific Use Permit for Gasoline Sales on a
1.2 -acre tract of land. The development regulations for this Planned Development state that this property shall
be "developed in complete accordance with the Shopping Center District Regulations." This district permits a
service station by Specific Use Permit. The Planning and Zoning Commission approved the request with the
following conditions: 1) that this service station is appropriate at the corner of two major thoroughfares; 2)
that it meets the technical regulations in terms of parking and circulation; and 3) that the additional conditions
placed on the zoning of the property assure compatibility with surrounding land uses.
Bob Roeder, proponent, reiterated the number of restrictions making this a very fine development for
this corner. He requested favorable support 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.
Kay Johnson, 200 Fairfax Drive, Allen, Texas, spoke in opposition to the request. She expressed
concerns regarding the fencing and questioned the time frame for installation. She encouraged the City to
review current zoning definitions and to implement stronger restrictions including: hours of operation,
signage, landscaping, a/c unit placement, concealment of garbage dumpsters, and consistency with brick and
color schemes with surrounding areas.
Pete March, 1201 Sonoma Drive, Allen, Texas, spoke in opposition to the request. He expressed
concern in adding additional gas stations and food marts in the area.
Barry Lofqurst, 1214 Sonoma Drive, Allen, Texas, spoke in opposition to the request. He
encouraged Council to consider all its decisions and to envision what the entire City of Allen will look like in
the future.
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999
PAGE 7
Terry Berner, 207 Fairfax, Allen, Texas, spoke in opposition to the request. She expressed concern
with lighting and side shields. She requested that the word "harmonious" be defined and more restrictive
development regulations be imposed.
Randy Norton, 404 Spinnaker Drive, Allen, Texas, spoke in opposition to the request. His home
faces this development and opposes any development on the three corners at this intersection.
Beverly Coghlan, 503 Cutter lane, Allen, Texas, spoke in opposition to the request. She felt that
some type of enforcement is needed to ensure compliance with development standards. She invited the group
to attend an informational meeting on April 7 at 7:00 p.m. at Green Elementary to discuss residential issues
with Kroger.
Mary McMann, 1400 Cool Springs, Allen, Texas, spoke in opposition to the request and stated her
agreement with previous comments.
Debbie Cosgrove, 1309 Whitehouse, Allen, Texas, spoke in opposition to the request. She requested
the standards be evaluated to ensure proper screening of the building, especially the rooftop equipment,
visibility of dumpsters and view of the truck docks.
Sandy Sanders, 920 Tyler Court, Allen, Texas, stated she was encouraged that City standards are
being raised and expressed concern with what the area will look like in a few years.
With no one else speaking either for or against the request, Mayor Terrell closed the public hearing.
Council requested staff address any Kroger irregularities with City regulations.
The proponent agreed to shield the lighting and screen the dumpsters and a/c units. Once a building
permit is issued, fencing will be installed.
MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the
Council voted seven (7) for and none (0) opposed to table this item to the May 6 Council
meeting and to direct staff to work with the proponent to work out conditions on the tract. The
motion carried.
Conduct a Public Hearing and Consider the Approval of an (Agenda Item IX)
Ordinance to Establish Reinvestment Zone #19 for CFH -FLAX
Limited Partnership and to Approve a Tax Abatement Agreement
Economic Development Marketing Director Charisse Resume informed Council CFH-FTAX Limited
Partnership intends to develop two single -story office/tech/warehouse buildings totaling a minimum of
200,000 square foot on 17 732 acres within the Millennium II Corporate Center. The building will be
constructed on a speculative basis and will be marketed for technology users. The agreement will include
real and personal property tax abatements totaling 400% over a ten-year period on City taxes. There will be
no abatement provided on School taxes. In return, CFH-FTAX will construct a building valued in excess of
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999
PAGE 8
$5 million. According to these projections, CFH-FTAX will contribute $1,040,950 in local taxes and the
City will forgo $115,000 in abatements over the next ten 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. 17074-99: An Ordinance of the City Council of the
City of Allen, Collin County, Texas, Designating Reinvestment Zone
No. 19 (CFH-FTAX Limited Partnership); Providing Eligibility of the
Zone for Commercial -Industrial Tax Abatement; Containing
Findings that the Area Qualifies to be Designated as a Reinvestment
Zone and the Improvements Sought are Feasible and Practicable and
of Benefit to the Land and the City; Providing for a Severability
Clause; Providing for a Repealing Clause; and Providing for the
Effective Date of Said 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.
1707-4-99 as previously captioned and recommended. The motion carried.
Conduct a Public Hearing and Consider the Approval of an (Agenda Item X)
Ordinance to Establish Reinvestment Zone #20 for Second Century
Investments, Ltd. and to Approve a Tax Abatement Agreement
Economic Development Marketing Director Charisse Resume informed Council Second Century
Investments, Ltd., (SCI) intends to develop an upscale, full-service, five -story hotel containing at least 120
guestrooms and will also feature at least 12,000 gross square feet of conference space including nine meeting
rooms. The agreement will include real and personal property tax abatements totaling 400% over a five-year
period on City taxes. There will be no abatement provided on School taxes. In return, SCI will construct a
building valued in excess of $7,716,000. According to these projections, SCI will contribute $714,460 in
local taxes and the City will forgo $177,480 in abatements over the next five 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. 1708-0-99: An Ordinance of the City Council of the
City of Allen, Collin County, Texas, Designating Reinvestment Zone
No. 20 (Second Century Investments) Providing Eligibility of the
Zone for Commercial -Industrial Tax Abatement; Containing
Findings that the Arra Qualifies to be Designated as a Reinvestment
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999 PAGE 9
Zone and The Improvements Sought are Feasible and Practicable
and of Benefit to the Lend and the City; Providing for a Severability
Clause; Providing for a Repeating Clause; and Providing for the
Effective Date of Said Ordinance.
MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Falk, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1708-
4-99 as previously captioned and recommended. The motion carried.
Adopt a Resolution Approving the 1999-2004 Capital Improvement (Agenda Item XI)
Community Development Director Bill Petty explained the two alternates in the library propositions.
There is no money in this bond package for the refacing of the Library or Police and Courts buildings.
Resolution No. 17094-99(R): A Resolution of the City Council of the
City of Allen, Collin County, Texas, Approving the 1999-2004
Capital Improvement Program; and Providing an Effective Date.
MOTION: Upon a motion made by Councilmember Banlemay and a second by Councilmember
Gallagher, the Council voted seven (7) for and none (0) opposed to approve and adopt
Resolution No. 17094-99(R) as previously captioned with the Proposition for the library
being removed from the ballot with the stipulation that a citizens survey be conducted among
individual users of the library services, to study possibilities, and to improve services of the
present library during the interim, with a report due back to Council within six months, and to
use the $225,000 bond money already sold for these requests. The motion carried.
Adopt a Resolution Ordering the Jane 12, 1999, City Bond Election (Agenda Item XII)
and Approve the Election Calendar
Resolution No. 1710-4-99(R): A Resolution of the ordering a bond
election to be held in the City of Allen, Texas, making provision for
the conduct of the election and resolving other matters incident and
related to such election.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Banlemay, the
Council voted seven (7) for and none (0) opposed to approve and adopt Resolution No. 1710-
4-99(R) as previously captioned and recommended with the deletion of the library proposition.
The motion carried.
0
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999
PAGE 10
Other Business (Agenda Item XIII)
A Accept Monitoring Reports
• City Preparedness for Emergencies Policy (EL 3 6)
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 accept the monitoring reports as
presented in the Council report. The motion carried.
B. Governance Self -Evaluation
Councilmember Gallagher presented the self-evaluation, stating he felt the Council did the best
job ever on the Policy Agenda.
C. Calendar
• April 14 - First day to early vote for the May 1 Council Election
• April 17 - Keep Allen Beautiful Day
• May 8 - Allen Arts Fest
• May 22 - Business Expo
• May 28 - SW Legal Foundation Seminar - Omni Hotel in Richardson
• June 26 - Allen USA Celebration at Allen Station Park
• August 13-15 - Budget Workshop at Lake Texoma
D. Items of Interest
There were no items of interest.
The Regular Session recessed at 11.14 p.m.
Executive Session (Agenda Item XIV)
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, April 1, 1999, in the Council Chambers of the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to:
• Staff Briefing - Conference with City Manager Regarding Reorganization Issues
The Executive Session adjourned at 11.31 p.m. on Thursday, April 1, 1999
1
ALLEN CITY COUNCIL
REGULAR MEETING
APRIL 1, 1999
PAGE 11
Reconvene and Consider Action on Items Discussed During (Agenda Item XV)
Executive Session
The Allen City Council reconvened into regular session at 11.32 p.m. on Thursday, April 1, 1999, in
the Council Chambers of the Allen Public Library There was no action taken on items discussed in Executive
Session.
(Agenda Item XVI)
MOTION: Upon a motion made by Councilmember Banlemay 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 11.32 p.m. on Thursday, April 1, 1999 The motion carried.
These minutes approved on the 15th day of April, 1999
I
ATTEST:
�a� �.C-1_4�at
JuOy Mo on, CMC, CITY SECRETARY
I
APPROVED:
Stephen Terrell, MAYOR