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HomeMy WebLinkAboutMin - City Council - 1988 - 09/01 - RegularALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 Present: Joe Farmer, Mayor - Council Members: Rex Womack Jerry Wilson, Mayor Pro Tem Bobby Glass Jim Wolfe Jim Pendleton Gary Edstrom City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary RECEPTION FOR PROSPECTIVE APPOINTEES TO CITY BOARDS - 6:30 P.M. At 6:30 p.m., on Thursday, September 1, 1988, the Allen City Council convened to hold an informal reception for candidates for the upcoming appointments to the city's boards. After the City Council met and talked with the candidates, the city staff provided presentations on the Board of Adjustment, Sign Control Board, and Parks and Recreation Board. The reception was concluded by 7:30 p.m. WORKSHOP SESSION - 7:00 P.M. With a quorum of the Council Members present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 7:00 p.m. on Thursday, September 1, 1988, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Other city staff members in attendance included Bill Petty, Director of Community Development, and Tom Glab, Director of Public Works. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. There was no discussion on any of those items. Mayor Farmer reviewed Agenda Item V, Oath -of -Office. There was no discussion on this item. Mayor Farmer reviewed Agenda Item VI, Public Hearing on an Appeal to the Planning and Zoning Commission's Recommendation on a Request to Add Retail Use in the Exchange Park South Addition, being a Portion of Planned Development No. 14. The Council discussed the number of votes needed on this item to overturn the Planning and Zoning Commission's negative recommendation. The Council also discussed if the zoning fee had been paid and if it would be returned if this request were denied. The Director of Community Development, Bill Petty, advised the Council that the zoning fee would not be returned if the request was denied by the Council. There was also discussion on if the city staff had any input on this request and the reasoning behind the vote of the Planning and Zoning Commission on this item, when it appeared during the reading of the minutes that they were all opposed to it. Mayor Farmer moved on to review of Agenda Item VII, Request for a Temporary Amendment to Site Plan for Allen Heights Baptist Church. There was no discussion on this item at this time. W9 ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 Page 2 WORKSHOP SESSION - 7:00 P.M. Discussion of Consent Agenda and Regular Agenda Items (cont'd) (Agenda Item II) Mayor Farmer then reviewed Agenda Item VIII, Request from Goodman Homes to Abandon a Portion of a 10' Utility Easement. The Council discussed this request and expressed their concern for this type of thing happening and that a declaration should be made on this issue that the city will not allow this type of thing to continue to happen. There was discussion on if a fine can be levied for this type of violation. Mayor Farmer reviewed Agenda Item IX, Resolution Establishing a Policy for Naming of Municipal Facilities. Mayor Farmer advised that the city staff had prepared this resolution in order to better define the process and how it is to be accomplished. There was no discussion on this item. Mayor Farmer reviewed Agenda Item X, Resolution Authorizing Purchase of Certain Computer Equipment through the State. There was no discussion on this item. Mayor Farmer reviewed Agenda Item XI -A, City Chat Articles. He pointed out the next upcoming articles. Mayor Farmer reviewed Agenda Item XI -B, Appointments to Boards and Commissions. City Secretary Marty Hendrix advised of the number of individuals that had attended the reception and that had submitted data sheets for consideration. She pointed out that interview dates needed to be determined by the Interview Commission consisting of Council Members Jim Wolfe and Bobby Glass. Mayor Farmer then reviewed Agenda Item XI -C, Standing Committee Reports. Mayor Farmer advised the Council that he would be distributing revised handout materials on the purpose of the Standing Council Committees during the Council meeting. He also stated that the assignment sheets had been developed for the three Council Subcommittees, consisting of Fin- ance/Administration, Development and Services and they would be forwarded to the committee members by the City Manager. He pointed out some changes that had been made in the assignments to the various committees. The Council then discussed the proposed paramedic program and when that will be discussed and finalized and how this item will be presented in the budget presentation. Items of Interest to the Council (Agenda Item III) •Director of Community Development, Bill Petty distributed to the Council of the preliminary inventory that had been done on the property owned by the city in order to determine what property might be able to be sold off. Mr. Petty advised that further work was needed on this project in order to determine which properties the city did not need. •Director of Public Works, Tom Glab spoke before the Council on the adding on of a 7th period at the Allen High School and the need to change the school zone areas and flashing lights to stay on until 4:30 p.m. Mr. Glab advised that the city's school zone ordinance would be amended to reflect this needed change and the ordinance would be brought forward to the Council for action in the near future. •Tom Glab also advised the Council of the new subdivision that was being developed by David Griffin and Robert Pope on F.M. 2170 and their need to tie on to the ASAP sewer line. Mr. Glab explained that a facilities agreement had been prepared for that line, however, a pro rata ordinance for that line was never finalized by the city. He stated that this would have to be done in order to accommodate this development. Mr. Glab advised that the ord- inance would be forthcoming. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 Page 3 WORKSHOP SESSION - 7:00 P.M. Items of Interest to the Council (Agenda Item III) -Mayor Farmer referenced an article in the National League of Cities Newspaper regarding municipal bonds and that there is federal legislation that is being pushed related to placing a cap on the cost of issuing those bonds. Mayor Farmer recommended that the city staff look into this information and if it was true, the city should adopt a resolution showing their opposition to this type of legislation. Mayor Farmer reviewed with the City Manager items to be discussed in the Executive Session. With no further discussion, the workshop session of the Allen City Council was adjourned at 7:28 p.m. With a quorum of the Council Members present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:30 p.m. on Thursday, September 1, 1988, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Wolfe, 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. Approval of City Council Minutes of August 18, 1988 - 4 Regular Session. B. Approval of City Council Minutes of August 25, 1988 - Called - Special Session. C. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Tree Movers $120.00 CIP Project No. 35-001-6 Construction of Municipal Complex Infrastructure - Transplanting Trees Period: Thru August 17, 1988 2. Black & Veatch Engineers $441.32 CIP Project No. 90-002-2 Construction of 2 MG Elevated Water Storage Tank - Engineering Services Period: Thru July, 1988 3. Trinity Engineering $294.00 CIP Project No. 35-001-3 Construction of Municipal Complex Infrastructure - Soil Testing Period: Thru July 19, 1988 4. Black & Veatch Engineers $2,000.00 CIP Project No. 40-001-2/ 55-001-2 - Construction of Municipal Complex Infrastructure - Engineering Services Period: Thru July, 1988 ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 Page 3 WORKSHOP SESSION - 7:00 P.M. Items of Interest to the Council (Agenda Item III) -Mayor Farmer referenced an article in the National League of Cities Newspaper regarding municipal bonds and that there is federal legislation that is being pushed related to placing a cap on the cost of issuing those bonds. Mayor Farmer recommended that the city staff look into this information and if it was true, the city should adopt a resolution showing their opposition to this type of legislation. Mayor Farmer reviewed with the City Manager items to be discussed in the Executive Session. With no further discussion, the workshop session of the Allen City Council was adjourned at 7:28 p.m. With a quorum of the Council Members present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:30 p.m. on Thursday, September 1, 1988, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Wolfe, 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. Approval of City Council Minutes of August 18, 1988 - 4 Regular Session. B. Approval of City Council Minutes of August 25, 1988 - Called - Special Session. C. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Tree Movers $120.00 CIP Project No. 35-001-6 Construction of Municipal Complex Infrastructure - Transplanting Trees Period: Thru August 17, 1988 2. Black & Veatch Engineers $441.32 CIP Project No. 90-002-2 Construction of 2 MG Elevated Water Storage Tank - Engineering Services Period: Thru July, 1988 3. Trinity Engineering $294.00 CIP Project No. 35-001-3 Construction of Municipal Complex Infrastructure - Soil Testing Period: Thru July 19, 1988 4. Black & Veatch Engineers $2,000.00 CIP Project No. 40-001-2/ 55-001-2 - Construction of Municipal Complex Infrastructure - Engineering Services Period: Thru July, 1988 W ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 Page 4 (Agenda Item IV) $522.84 $400.00 $120,524.57 $405.00 $2,353.10 $32,025.37 D. Approve an Amendment in the Amount of $1,800 to the Budget for the Enhancement Study being Done by Metro Appraisal Service on the Phase II and III Main Street Project in Order to Include Ten Additional Parcels Which were Not Included on the Original Preliminary Engineering Roll for this Project. E. Set October 6, 1988 as the Public Hearing Date on a Request to Relocate an Environmental Laboratory in the Central Business District. The motion carried. End of Consent Agenda Oath -of -Office to Newly Appointed Member of the Sign Control Board (Agenda Item V) City Secretary Marty Hendrix administered the oath -of -office to Gary Crowe, newly appointed member to Place No. 5 on the Sign Control Board. CONSENT AGENDA (coned) 5. Southern Mechanical CIP Project No. 90-005-1 Construction of Main (McDermott) kol Street Phases II & III - Relocation of Utilities - Estimate No. 8 Period: Thru July 25, 1988 6. Acquisition Associates CIP Project No. 75-002-5 Construction of Main (McDermott) Street Phase II & III - Street Right - of -Way Acquisition - Review Appraisal - Gainey Tract Period: Toru August 16, 1988 7. TMC Foundations CIP Project No. 40-001-1 Construction of Police and Courts Building - Contractor - Billing No. 9 Period: Thru July 31, 1988 8. Trinity Brass & Copper Co., Inc. CIP Project No. 50-002-6 Construction of Ford Park - Phase II - Brass Plaque Period: August 22, 1988 9. Hidell Architects CIP Project No. 40-001-3 Construction of Police and Courts Building - Architectural Services Period: July 31, 1988 10. Glenn Thurman, Inc. CIP Project No. 35-001-1 Construction of Municipal Complex Infrastructure - Estimate No. 2 Period: Thru August 25, 1988 Page 4 (Agenda Item IV) $522.84 $400.00 $120,524.57 $405.00 $2,353.10 $32,025.37 D. Approve an Amendment in the Amount of $1,800 to the Budget for the Enhancement Study being Done by Metro Appraisal Service on the Phase II and III Main Street Project in Order to Include Ten Additional Parcels Which were Not Included on the Original Preliminary Engineering Roll for this Project. E. Set October 6, 1988 as the Public Hearing Date on a Request to Relocate an Environmental Laboratory in the Central Business District. The motion carried. End of Consent Agenda Oath -of -Office to Newly Appointed Member of the Sign Control Board (Agenda Item V) City Secretary Marty Hendrix administered the oath -of -office to Gary Crowe, newly appointed member to Place No. 5 on the Sign Control Board. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 Page 5 Public Hearing: Consider an Appeal of the Planning and Zoning Commis- sion's Reccr r mendation on a Request to Add Retail Use in the Exchange Park South Addition Location: 703 North Greenville Avenue Zoning: PD No. 14 Requested bv: Larry Francisco (Agenda Item VI) Mayor Farmer read the request into the record as follows: "Public Hearing to Consider an Appeal of the Planning and Zoning Commission's Recommendation on a Request to Add Retail Use in the Exchange Park South Addition, Being a Portion of Planned Development No. 14 Located at 703 North Greenville Avenue as requested by Larry Francisco." Larry Francisco spoke before the Council on his request. Using a site plan of the property, he reviewed it's location and advised that in his original request to the Planning and Zoning Commission he wanted to add in the use of selling women's jeans and tops. He has now decided that he would like to change that request to sell office supplies and provide for a delivery service at this location. Mr. Francisco advised the Council of the denial of his request by the Planning and Zoning Commission and that his appearance before the Council was an appeal to this denial. Mr. Francisco further advised that he was not sure why the Planning and Zoning Commission had denied his request. The Planning and Zoning Commission, at their regular meeting held on July 14, 1988, voted to deny the request. Mayor Farmer opened the public hearing. Gary Crowe, 555 Harrison, Allen, Texas, asked for a clarification of where this business was located. Mr. Francisco reviewed the location again. With no one else wishing to speak either for or against this request, Mayor Farmer closed the public hearing. There was considerable discussion by the Council on the existing zoning on the property and if it was originally requested by Mr. Francisco. If the other adjacent business owners in this building had been contacted about Mr. Francisco's request and if they wanted to participate. Mr. Francisco advised that they were aware of the request but were not asked to participate. The Council discussed with city staff this request and what exactly it entailed. Bill Petty, Director of Community Development, spoke before the Council on this request as it was originally presented to the Planning and Zoning Commission and the fact that it was now being changed to something else, whether a traffic study was needed on this request, and an explanation of the allowable uses in this office/warehouse facility. The Council requested that Mr. Francisco clarify his request and if it was for the purpose of retail sales. Mr. Francisco stated that he wanted to change his request to the retail sale of office supplies and to provide a delivery service for these items. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 Page 6 Public Heering: Consider an Appeal of the Planning and Zoning Commis- sion's Recom- mendation on a Request to Add Retail Use in the Exchange Park South Addition Location: 703 North Greenville Avenue Zoning: PD No. 14 Requested by: Larry Francisco (cont'd) (Agenda Item VI) There was considerable discussion on this revised request and the fact that city staff stated that the revised request was an allowable use at the present time under the zoning ordinance for this office/warehouse zoning as an incidental use and would not require Council action. Again, Mr. Francisco stated that he still wanted the request to go forward as retail sales in this zoning use of office/ warehouse. There was further discussion by the Council on the vote needed to approve this request and that it had to be a unanimous vote of approval for this request to pass. There was further discussion by the Council with city staff on the issue of "spot zoning" and how the original request to have retail sale of jeans and tops was considered "spot zoning" by the Commission. There was further discussion on the rest of the property and how it was to be considered if this request was approved. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Glass, the Council voted six (6) for and none (0) opposed to deny the request to add a retail use to the Exchange Park South Addition as requested by Mr. Francisco. The motion carried and the request was denied. Mayor Farmer recessed the regular session of the Allen City Council at 8:30 p.m. The meeting reconvened at 8:38 p.m. Approval of a Request for a Temporary Amendment to a Site Plan for the Allen Heights Baptist Church (Agenda Item VII) This request was for approval of a temporary amendment to the site plan for the Allen Heights Baptist Church, located at 1309 E. Main Street. This amendment would allow for two temporary buildings on their site. The church plans to construct an educational building, which is part of their Master Plan, and the temporary buildings will serve as classrooms until the permanent structure is built. The Planning and Zoning Commission, at their meeting held on July 14, 1988, recommended to the City Council approval of the temporary site plan for two years with renewal possible subject to approval by the Planning and Zoning Commission and City Council, and subject to the comments of the Fire Marshal, as follows: 1. The buildings be used as educational facilities subject to Fire and Building Code requirements. 2. The Fire Lane to be resurfaced to city standards prior to construction of Phase I educational building on the Master Plan. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 Page 7 Approval of a Request for a Temporary Amendment to a Site Plan for the Allen Heights Baptist Church (cont'd) (Agenda Item VII) MOTION: Upon a motion made by Councilman Womack and seconded by w. Councilman Glass, the Council voted five (5) for and none (0) �`✓. opposed, with Councilman Pendleton being out of the room, to approve the request for a temporary amendment to the Site Plan for the Allen Heights Baptist Church, in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. 4 Consider a Request from Goodman Homes to Abandon a Portion of a 10' Utility Basement and Authorize the City Manager to Execute the Abandonment Instrument and Ordinance No. 873-9-88: An Ordinance of the City of Allen, Collin County, Texas, Abandoning a Portion of a 10 -Foot Utility Easement Across the Rear of lot 17, Block A, Fountain Park Bast Installment 1 Addition to the City of Allen, Collin County, Texas, as Recorded by Plat in the Collin County Deed Records; Providing or Exhibits A, B, C, D, E, F, and G; Providing for a Severability Clause; and Providing for an Effective Date. (Agenda Item VIII) Bill Petty, Director of Community Development, explained to the Council the circumstances surrounding this request. Using a site plan of the property, Mr. Petty reviewed the location of the house, the location of the swimming pool and the various easements located on this site. Mr. Petty pointed out that a final inspection cannot be made on the pool, or a certifi- cate of occupancy issued, with this pool in this location. The mortgage company also advised Goodman Homes that they would not close on the loan with an encroachment into a utility easement. Mr. Petty advised that the city staff had reviewed this situation with Goodman Homes and the only alternative at this point is to request that the utility companies abandon the easement that the pool is on. A variance for this mistake would not be accepted by the mortgage company. Mr. Petty then reviewed the proposed ordinance and advised that all of the attachments were documentation from the utility companies agreeing to abandon their portion of the utility easement in this location. Mr. Petty pointed out that if this request is not approved, then the only other alternative would be to have the swimming pool taken out. At this time, Dale Goodman, with Goodman Homes, spoke before the Council on this mistake and apologized to the city for this inconvenience and explained how this mistake could have occurred. The Council pointed out to Mr. Goodman that this house, the pool and fences on this site encroach onto the easements in three difference locations and that this should not occur. There was further discussion on this size of lot, the number of easements on the lot and the size of the house and pool on this site. bo ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1. 1988 Consider a Request from Goodman Homes to Abandon a Portion of a 10' Utility Easement and Authorize the City Manager to Execute the Abandonment Instrument and Ordinance No. 873-9-88 (cont'd) Page 8 (Agenda Item VIII) MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Edstrom, the Council voted six (6) for and none (0) opposed to approve the request for the abandonment of the 10' utility easement as requested by Goodman Homes; to adopt Ordinance No. 873-9-88, as captioned previously; and to authorize the City Manager to executive the abandonment document. The motion carried. Resolution No. 874-9-88: A Resol- ution of the City Council of the City of Allen, Texas, Establishing Policy and Procedures Related to Naming Municipal Facilities; and Providing an Effective Date. (Agenda Item IX) Mayor Farmer advised the Council of the proposed resolution which establishes the policy and procedures for naming municipal facilities. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted six (6) for and none (0) opposed to approve and adopt Resolution No. 874-9-88, as captioned previously. The motion carried. Resolution No. 875-9-88: A Resol- ution of the City Council of the City of Allen, Texas, Authorizing the City Manager to Purchase Computer Equipment Through the Annual Contracts of the Texas State Purchasing and General Services Commission. (Agenda Item X) Mayor Farmer advised that the proposed resolution would allow for the city to purchase computer equipment, specifically Apple Compatible Computers, through the annual contracts of the Texas State Purchasing and General Services Commission. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Glass, the Council voted six (6) for and none (0) opposed to approve and adopt Resolution No. 875-9-88, as captioned previously. The motion carried. City Chat Articles (Agenda Item XI -A) Mayor Farmer reviewed the list of articles for "City Chat". There was discussion on an article for the ballots received for the EAS balloting process. This item was received as a matter of information. There was no action taken on this item. Appointments to Boards and Commission (Agenda Item XI -B) City Secretary Marty Hendrix reported on the number of people who had attended the reception, who had submitted data sheets for consideration, and when the Council Subcommittee would be conducting the interview process. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 Page 9 Standing Committee Reports (Agenda Item XI -C) Mayor Farmer distributed to the Council the purpose of the standing committees and advised that the work assignments would be forthcoming. This item was received as a matter of information. There was no action taken on this item. Items of Interest to the Council (Agenda Item XI -D) -Councilman Jim Wolfe advised the Council of the success of the training session held for the volunteers of the telephone Extended Area Service (EAS) campaign. He advised of the suggestions that had been made at the meeting regarding various areas of the campaign. Mr. Wolfe advised of the need for more volunteers in certain areas of the street canvassers. -Councilman Wolfe advised of the rehearing request submitted by Southwestern Bell Telephone to the Public Utility Commission and how the Commission had allowed the time period to lapse to hear the request, thus the request had been denied. -Councilman Jim Pendleton advised the Council of the progress of the work to be done by the telephone subcommittee. -City Manager Jon McCarty advised of a scheduled meeting for the Council Telephone Subcommittee to discuss the telecommunications study. The meeting was scheduled for September 6, prior to the public hearing on the tax rate. -City Manager McCarty also pointed out a meeting was needed for the Council Finance Subcommittee to meet to discuss the proposals received on the computer hardware and software. The meeting was scheduled for Septem- ber 7 at 7:00 p.m. With no further discussion, Mayor Farmer adjourned the regular session of the Allen City Council into Executive Session at 9:27 p.m. on Thursday, September 1, 1988. Executive session (Agenda Item XII) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(f) and 2(g), the Allen City Council convened into Executive Session at 9:28 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,Texas, in order to discuss matters pertaining to the employee salary plan and the purchase of park land. The Executive Session was adjourned at 10:24 p.m. Reconvene and Consider Action on the Items Discussed During Executive Session (Agenda Item XIII) The Allen City Council reconvened into regular session at 10:25 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Mayor Farmer advised there was no action to be taken on any of the items discussed during the Executive Session. Adjournment MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Glass, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:25 p.m. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 1, 1988 These minutes approved on the 6th day of October, 1988. APPROVED: a-4� J e Farmer, MAYOR ATTEST: 1� (fid � CITY SECRETARY Marty Hendrix, CITY SECRETARY Page 10