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HomeMy WebLinkAboutMin - City Council - 1991 - 01/03 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 3, 1991 Present Joe Farmer, Mayor Council Members: Rex Womack (Arrived 6:55 p.m.) Mickey Christakos Bobby Glass Jim Wolfe, Mayor Pro Tem Alan Fyke (Arrived 7:30 p.m.) Gary Edstrom City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary WORKSHOP SESSION - 6:45 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 6:50 p.m. on Thursday, January 3, 1991, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. Bill Petty, Director of Community Development, discussed the process by which speed limits are regulated on state highways. If a city wishes to appeal a speed limit set by the state, backup for this request is necessary for presentation to the proper authorities. Speed limits are generally set according to the speed motorists are actually traveling. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item VI, Citizens' Comments. It was noted that Robert Butcher would be present for discussion regarding the item on solid waste. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item VII, Tabled Items. Both of these items will remain on the table. A workshop date was set on January 15 to discuss the personnel policies and procedures manual and the freeport amendment. There was no further discussion on this item. L ALLEN CITY COUNCIL WORKSHOP SESSION JANUARY 3, 1991 PAGE 2 Discussion of Consent Agenda and Regular Agenda Items (Cont'd) (Agenda Item II) Mayor Farmer reviewed Agenda Item VIII, Public Hearing for a Zoning Change to Amend Planned Development No. 48 to Include an Additional 1.92 Acres and Approve the Site Plan as Requested by John R. Landon on Property Located Adjacent and East of Heritage Parkway and South of Park Place Drive and Consider an Ordinance Effecting this Change. Bill Petty, Director of Community Development, discussed the variances on this property. Mr. Petty discussed the cul-de-sac design and the alleys on lots 1-8. He also discussed the possibility of future development requiring the cul-de-sac to become a through street and the requirement of affidavits of homeowners in that area. Discussion was held regarding the burden of enforcement of certain of these irregularities. City Secretary, Judy Morrison, noted the sign notifying nearby residents of the approaching public hearing was not placed within the stipulated time period as required by the zoning ordinance. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item IX, Authorize Execution of Contract with the North Texas Municipal Water District to Participate in Solid Waste Disposal Program. Although a rate is not totally set by BFI, it is appropriate that the contract with North Texas Municipal Water District be executed at this meeting is the Council so chooses. There was no further discussion on this item. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:30 p.m. on Thursday, January 3, 1991. REGULAR SESSION - 7:30 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 7:35 p.m. on Thursday, January 3, 1991, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item V) MOTION: Upon a motion made by Councilman Edstrom and seconded by Councilman Fyke, the Council voted seven (7) 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 December 20, 1990 - Regular Session. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: Harte Hanks Community Newspaper $27.00 For: Advertising Hillside Water Tower - Phase II 1985 Water & Sewer Bond Funds Period: November 18 - November 25, 1990 I P 0 ALLEN CITY COUNCIL REGULAR SESSION JANUARY 3, 1991 PAGE 3 CONSENT AGENDA (Cont'd) (Agenda Item V) 2. J & H Trucking Company $1,664.00 For: Gradall Hauling - Keith Drive 1985 Street Bond Funds Period: Thru November 28, 1990 3. Industrial International $14.60 For: Pipe - Keith Drive Street Project 1985 Street Bond Funds Period: Thru December 4, 1990 4. Texas Contractor's Supply $30.11 For: Rebar & Stakes - Keith Drive 1985 Street Bond Funds Period: Thru December 7, 1990 5. Farris Concrete $240.00 For: Concrete - Keith Drive 1985 Street Bond Funds Period: Thru December 10, 1990 6. Industrial International $6,122.55 For: Pipe - Keith Drive 1985 Street Bond Funds Period: Thru December 13, 1990 7. Lattimore Materials $260.86 For: 3/4" Rock - Keith Drive 1985 Street Bond Funds Period: Thru December 19, 1990 8. Farris Concrete Company $192.00 For: Concrete - Keith Drive 1985 Street Bond Funds Period: Thru. December 19, 1990 9. Collin County Electric Supply $225.20 For: Electronic Enclosure 1985 Water & Sewer Bond Funds Period: Thru November 29, 1990 10. Texas Contractor's Supply $33.55 For: Rebar & Stakes - Keith Drive 1985 Street Bond Funds Period: Thru December 13, 1990 I I ALLEN CITY COUNCIL REGULAR SESSION JANUARY 3, 1991 PAGE 4 CONSENT AGENDA (Cont'd) (Agenda Item V) 11. Donald Horne dba HCI $350.00 For: Install 4" Inlet - Bethany Road 1985 Street Bond Funds Period: Thru December 18, 1990 12. Joe Hix Company, Inc. $7,650.00 For: Asphalt Overlay 1985 Street Bond Funds Period: Thru December 1990 13. Skinner's Wholesale Nursery $970.00 For: 10 & 30 Gallon Shumard Oaks - Main Street Phases II & III 1985 Street Bond Funds Period: Thru December 18, 1990 C. Approve Specifications and Authorize Solicitation of Bids for Street Crack Sealant. D. Ordinance No. 1014-1-91: An Ordinance of the City of Allen, Collin County, Texas, Amending Section 1-40 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as Previously Amended by Ordinance Nos. 309, 482-12-83, 724-8-86, 859-6-88 and 962-12-89, and Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135 of the Allen Code of Ordinances; Altering the Prima Facie Speed Limits Established for Vehicles under the Provisions of Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, Upon Farm -to -Market 2170, or Parts Thereof, Within the Corporate Limits of the City of Allen, as Set out in this Ordinance; and Providing Penalty Clauses, Severability Clauses and an Effective Date. The motion carried. End of Consent Consent Agenda Citizens' Comments There were no citizens' comments. (Agenda Item VI) ALLEN CITY COUNCIL REGULAR SESSION JANUARY 3, 1991 PAGE 5 Tabled Items: Personnel Policies and Procedures Manual (Agenda Item VII -A) There was no action to remove this item from the table. A workshop to discuss the Personnel Policies and Procedures Manual has been set for 7:00 p.m., January 15, 1991 at City Hall. Freeport Amendment (Agenda Item VII -B) There was no action to remove this item from the table. A workshop to discuss the Freeport Amendment has been set for 7:00 p.m., January 15, 1991 at City Hall. Public Hearing and Ordinance No. 1015-1-91 Public Hearing: Zoning Change to Amend Planned Development No. 48 to Include an Additional 1.92 Acres and Approve the Site Plan as Requested by John R. Landon on Property Located Adjacent and Bast of Heritage Parkway and South of Park Place Drive and Consider an Ordinance Effecting the Change. and Ordinance No. 1015-1-91: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, and Ordinance No. 998- 9-90, so as to Establish Permanent Zoning, To -Wit: Planned Development -Residential No. 48 (PD -R No. 48), on the Following - Described Tract of Land: Approximately 15.74 Acres of Land, More or Less, out of the George W. Ford Survey, Abstract No. 328, Collin County, Texas; Providing for a Land Use Plan; Providing for Variances; Providing for Area and Use Regulations; Providing for a Penalty of Fine not to Exceed the Sum of one thousand dollars ($1,000.00) for each Offense; Providing fora Severability Clause; and Providing for the Effective Date of Said Ordinance. I (Agenda Item VIII) ALLEN CITY COUNCIL REGULAR SESSION JANUARY 3, 1991 PAGE 6 Public Hearing and Ordinance No. 1015-1-91 (Cont'd) (Agenda Item VIII) Pat Atkins with Don Tipton Engineers presented the request to Council. PD 48 was approved by Council in September, located at the southeast corner of Heritage Parkway and Park Place Drive. The developer has obtained an adjacent parcel of land which can be developed into an additional cul-de-sac. The revised concept plan contains two variances. Lot 16 is to be served with a front entry drive and rear or side entry garage. The second variance involves Lots 4 and 5 which have been reduced to approximately 6300 square feet with a 20 -foot front yard building line to accommodate for the radius of the cul-de-sac. At such time whenthe property on the east develops, the cul-de-sac may be reconstructed as a through street and additional right-of-way will be given back to the owners of Lots 4 and 5. The private drive of adjacent property owner, Chris Snodgrass is to remain in its present state. The developer will build a six-foot wood fence, using aluminum posts set in concrete, which shall separate the alley and private access drive and will be maintained by the property owner. Bill Petty, Director of Community Development, discussed three variances. 1.. Front entry drive with rear or side entry garage is appropriate to preserve trees. 2. Size of cul-de-sac lots have been reduced. The possible reconstruction of the cul-de-sac into a through street at some future date as adjacent property is developed and notification of homeowners of such possible action. Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. James Brazeal, Route 1, Allen, spoke in favor of the request, spoke in favor of the design of the alley system and the preservation of as many trees as possible. Mayor Farmer closed the public hearing. Discussion was held regarding the design of the cul-de-sac emptying into the alleys at Lots 4 and 5. The Council also discussed the future design for the cul-de-sac becoming a through street and the effect it would have on the homeowners of that street. Mr. Chris Snodgrass, 735 Heritage Parkway, Allen, discussed his need for access to the Brazeal property by using the alley and the current cul-de-sac design. Rather than using affidavits for Lots 1-8 to notify potential homebuyers of the possible future of the cul-de-sac design, a statement could be added to the plat regarding it becoming a through street at such time the development of adjacent properties takes Place. ALLEN CITY COUNCIL REGULAR SESSION JANUARY 3, 1991 PAGE 7 Public Hearing and Ordinance No. 1015-1-91 (Cont'd) (Agenda Item VIII) Concern was also raised regarding trash pick-up at the one lot with no rear entry. MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Wolfe, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1015-1-91, as previously captioned, with the following modifications: 1) deed restrictions filed for the subdivision should reflect language that the street serving Lots 1 through 8 may become a through street at some future date; 2) the final plat will reflect the current access to the adjacent southern and eastern properties; 3) a 6 -foot wood screening with aluminum posts set in concrete be installed along the northern property line separating the adjacent property owner immediately to the south along the 200+ feet of alley and maintenance be that of the property owner; and, 4) the plat is to indicate that a through street may be built at some time in the future at which time Lots 4 and 5 will regain the excess cul-de-sac property. The motion carried. Council took a brief recess from 9:00 p.m. to 9:06 p.m. Authorize Execution of Contract with the North Texas Municipal Water District to Participate in Solid Waste Disposal Program (Agenda Item IX) Resolution No. 1016-1-91(R): AResolutionof the City Council of the City of Allen, Collin County, Texas, Authorizing the Mayor to Execute a Contract with the North Texas Municipal Water District. The Council has considered the advantages of a solid waste disposal contract with North Texas Municipal Water District. The long-term solution for landfilling and the added convenience to Allen customers are two main advantages of this contract. Today, there are three member cities, Richardson, Plano and Frisco, and all are in favor of Allen's membership request. The contract actually buys the City of Allen a permanent solid waste disposal solution and increased convenience for residential customers due to the operation of a transfer station facility open for disposal of brush and other large items. Although a contract has not yet been finalized with BFI, the monthly residential rate should be approximately $7.24. Robert Butcher, 926 Rivercrest, Allen, spoke before the council regarding the North Texas Municipal Water District contract. He agreed with many of the advantages of the contract but felt it was bad business for the city to sign this contract before we have a price with BFI settled. He promoted special clean-up days to continue as they have in the past. He stated the citizens of Allen need to concentrate on waste elimination ALLEN CITY COUNCIL REGULAR SESSION JANUARY 3, 1991 PAGE 8 Texas Municipal Water District to Participate in Solid Waste Disposal Program (Cont'd) (Agenda Item IX) Council discussed the process it had taken regarding this action, being approximately 15 months. It was noted that if the spring clean-ups were no longer being planned, the savings to the City should be passed along to the citizens in a rate reduction. Another look needs to be taken at the overhead cost and if that is a correct charge. Authorize Execution of Contract with the North Texas Municipal Water District to Participate In Solid Waste Disposal Program (Cont'd) (Agenda Item 1X) Council was reminded they have the authority to set the rates for solid waste collection. At the present time, negotiations are being held with regard to the length of the contract and recycling possibilities. MOTION: Upon a motion made by Councilman Glass and seconded by Councilwoman Christakos, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1016-1-91(R) authorizing the Mayor to execute the Trinity East Fork Regional Solid Waste Disposal System City of Allen Supplemental Contract �! with the North Texas Municipal Water District with an effective date of �i February 1, 1991, in accordance with Services Committee recommendation. The motion carried. A Consider Capital Improvement Projects for Fiscal Year 1990-91 Using Remaining Bond Funds (Agenda Item X) time. There are no Capital Improvement Projects for FY 1990-91 under consideration at this Other Business: Calendar (Agenda Item XI -A) Two items were added to the calendar: January 15, 7:00 p.m. , Personnel Policies and Procedure/Freeport Amendment Workshop and January 16, 7:00 p. m. , Comprehensive Plan Update Committee Meeting. Committee Reports (Agenda Item XI -B) Services Committee will meet next Tuesday with BFI. There were no other reports. Items of Interest (Agenda Item XI -C) Mayor Farmer and the Council expressed congratulations to City Secretary, Judy Morrison, for her upcoming graduation from the Texas Municipal Clerks Certification Program. Graduation will be on January 31 in Austin. ALLEN CITY COUNCIL REGULAR SESSION JANUARY 3, 1891 Items of Interest (Cont'd) PAGE 8 (Agenda Item XI -C) The Council was reminded of the invitation to the McDermott Ranch, from 12:00 to 2:00 p.m., January 26, Topics of discussion will be Allen Civic Plaza, Allen Cemetery, and the Special Use Facility. Police Chief, Richard Carroll, updated the Council on the new parking ordinance. There have been 55 violations but only two have not at this time complied and will receive citations. Compliments were given to the Police Department for an excellent response and service call on an alarm for a new business owner in Allen. Adjou (Agenda Item XII) MOTION: Upon a motion made by Councilman Fyke and seconded by Councilwoman Christakos, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:58 p.m., on Thursday, January 3, 1991. The motion carried. EThese minutes approved on the 17th day of January, 1991. ATTEST: JuQ/y Mot0lison, CITY SECRETARY 11 APPROVED: Farmer, MAYOR