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HomeMy WebLinkAboutMin - City Council - 1993 - 11/18 - RegularALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 18, 1993 Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop (absent) Mike Nichols Steve Terrell Sharon Hamner City Stalf: Jon McCarty, City Manager Judy Morrison, City Secretary (absent) Connie Schofield, Secretary to City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:30 p.m. on Thursday, November 18, 1993, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item II) Mayor Farmer informed Council that Councilmember Bishop would not be attending the meeting due to a family commitment. Discussion was held regarding inquiries received by several Councilmembers from proponents interested in starting a "batting cage" business in Allen. The Councilmembers informed the individuals of the proper procedures to follow in beginning a business in Allen. Richard Ferrara and Terry Haynes had contacted Mayor Farmer and several Councilmembers concerning ISTEA opportunities. Mayor Pro Tem Lilly suggested to Mr. Ferrara and Mr. Haynes that they attend a Development Subcommittee meeting to discuss these opportunities and a general planning process. ALLEN CITY COUNCIL WORKSHOP SESSION NOVEMBER 18, 1993 PAGE 2 City Manager Jon McCarty discussed a letter he had received from the City of Plano stating that Jupiter Road south of Chaparral would be closed for three weeks to expedite reconstruction of the road. This announcement has been placed on the Cable TV City channel and an article will be in the Allen American. City Manager Jon McCarty attended a Rotary Club meeting on November 16. Mr. McCarty explained that both the City of Allen and the Allen Rotary Club received a significant amount of recognition from the President of Rotary International for the Rota -Tree projects. Discussion of Consent Agenda and Remalar Azenda Items (Agenda Item III) Mayor Partner began the review of the Consent Agenda items. Discussion was held regarding Agenda Item IV, Item C, Number 5. Staff requested that this bill from Ron Hobbs, architect, be removed from the Consent Agenda. Mr. Hobbs is involved with both services and consulting for the Parks project and the Capital Improvement Program. Instead of combining the fee, the invoice should indicate the services separately Discussion was held regarding Agenda Item VI, Citizen's Comments. Council was unsure if anyone would be present for Citizen's Comments. Discussion was held regarding Agenda Item V, Council Committee Reports. Mayor Partner informed the Council that the November 30 Council/AISD Joint Meeting would need to be rescheduled to November 29 if possible. Discussions are being continued with Joe Bilbo regarding TU Electric and TRW concerning more dependable uninterrupted electrical service. The Boards and Commission Appreciation Dinner is scheduled for December 21. Mayor Pro Tem Lilly discussed with the Council a memo from George Conner, Director of Public Works, regarding a proposal for professional engineering services for erosion control/slope stability gabion structure for duplexes on Cedar Elm Street. The total estimated remediation costs are projected at $245,000 to $270,000 The proposal for Phase 1, from the Doyle Engineering Group, is $9,650 for engineering services. Much discussion was held regarding this topic. Two questions concerning this problem were discussed: (1) could this project be placed under the Capital Improvement Program (CIP) and (2) in actuality, is the property worth more than $245,000? The foremost question is "What is the responsibility of the City and what is the responsibility of the builder?" George Conner is continuing the legal research and will keep the Council up-to- date concerning his findings. It was indicated that Bill Petty, Director of Community Development, suggested that the "HOW" Warranty which concerns properties that are less than ten years old be reviewed regarding this matter. It was agreed that further study would be needed for this concent. The question was brought up as to whether there might be other areas in Allen that might have erosion problems. Specifications need to be included in future proposals to protect the land. Mayor Pro Tem Lilly discussed the status of the Sexually Oriented Businesses (SOB). At this time, the City of Allen does not have any regulations or zoning procedures established for this type of business. These rules and procedures need to be regulated, designated and established beforehand. This information will be dealt with in the near future. ALLEN CITY COUNCIL WORKSHOP SESSION NOVEMBER 18, 1993 PAGE 3 Discussion was held regarding Agenda Item VII, Consider Approving a Letter of Agreement Concerning Construction of Medical and Office Facilities. City Manager Ion McCarty distributed a copy of the counter proposal from Epic Corporation to the Council. Council agreed that additional time was needed to review this proposal. At this time, the Allen Economic Development Corporation does not approve the current proposal from the Epic Corporation. Council decided it would be best to table this item so they can further review the proposal. Discussion was held regarding Agenda Item VIII, Consider Site Plan for Dal -Mac Property Discussion was held regarding the requirements of the masonry construction of the buildings, drainage, lighting standards, berm - "3 to 1" ratio or a "4 to 1" ratio and a facilities agreement. These items would be discussed further during the regular meeting. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:35 p.m. on Thursday, November 18, 1993. REGULAR SESSION - 7:30 P.M. With a quorum of the Councdmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7.44 p.m. on Thursday, November 18, 1993 in the Council Chambers of the Allen Municipal Amex, One Butler Circle, Allen, Texas CONSENT AGENDA (Agenda Item IV) Councilmember Hamner requested that Item C, N5, a CIP bill from Ron Hobbs, architect, be removed from the Consent Agenda. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to remove Item C, N5, CIP bill from Ron Hobbs, architect, from the Consent Agenda. The motion carried. MOTION: Upon a motion made by Councilmember Hammer and seconded by Councilmember Christakos, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent Agenda with the exception of Item C, q5, as recommended and as follows: A. Approve Minutes of October 21, 1993, Regular Meeting. B. Approve Minutes of November 4, 1993, Regular Meeting. C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Graham Associates, Inc. $ 6,760.00 For: SH 5 Intersection and Signal Conduit and Erosion Control for FM 2170 East 1985 Street Bond Funds Period: October 19, 1993 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 18, 1993 2. Dynix, Inc. For: Dynix Automated System Training for Library Automation Interest Earned Bond Funds Period: September 1993 3. Gay & McCall For: Review of Statutes and Local Subdivision Ordinance RE: Plat Modifications on FM 2170 East ROW General Obligation Bond Funds Period: August 29, 1993 4. Houston -Galveston Area Council For: Second Chassis Payment on Two Pierce Saber 1500 Pumpers for Fire Department 1992 General Obligation Bond Funds Period: October 27, 1993 6. City of Allen Operating Account For: Reimburse Account #02-91-00-4203 for Purchase of 3 Fire Hydrants for the FM 2170 Utility Relocation Job Period: October 15, 1993 7 J C. Evans Construction Co. For: Utility Relocation FM 2170 & SH 5 Water and Sewer Bond Period: Thru October 22, 1993 8. J. C. Evans Construction Co. For: Utility Relocation McDermott/US 75 Water and Sewer Bonds Period: Thou October 22, 1993 9 Graham Associates, Inc. For: Completion of Construction Plans for Mustang Creek Channel, FM 2170 to Timbercreek Drive Water and Sewer Bonds Period: Thrt October 19, 1993 D. Tax Report The motion carried. End of Consent Agenda PAGE 4 $ 325.00 $ 262.50 $ 74,045.00 $ 1,678.26 $146,475.39 $ 64,576.44 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 18, 1993 PAGE 5 Council Committee Reports (Agenda Item V) Finance/Administration: Cable television rate regulation — possible option — consider bargaining collectively with other cities for a new rate agreement Boards and Commission Appreciation Dinner — December 21 Services: BFI update * 90 gallon trash cans will be issued to residents beginning January 2, 1994 * grass clippings will be collected until March 1 * "user fee" program implemented for additional pickups from BFI Ron Hobbs, architect, will present an update on the Allen Recreational Facility at Bethany Lakes later during the meeting Development: Epic Healthcare Group CIP process Six step enforcement procedure for Property Maintenance Code: 1. Inspection of property to determine violation. 2. Mailing of a 10day notice letter to the violator. 3. Reinspection to determine if violation has been corrected. If not, continue to number 4. 4. Mailing of a reminder notice letter to the violator granting an additional 5 days to correct the violation and advising that if not corrected, the City will initiate legal action. 5. Mailing of a "thank-you" letter recognizing the violator's cooperation; or, 6. Issue citation if compliance is not achieved. Texas National Resource Conservation Commission (formerly Texas Water Commission) has increased the fee structure from 20% to 265% depending on the size of the cities. The fee for the 7,000 connections in Allen has increased by 200% making the fee $3,000 which is due November 1 of each year Allen Economic Development Corporation Financial Report * September sales tax check is $97,319 — representing a 75.5% increase in sales tax collections during the same period from last year to this year Mayor's: Citizen Input Model AISD Joint Meeting — reschedule to Monday, November 29 TU Electric Cable TV NTMWD Solid Waste — educational plan with the process ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 18, 1993 PAGE 6 Citizen's Comments (Agenda Item Vq There were no citizen's comments. Consider Approving a Letter of Agreement Concerning Construction of Medical and Office Facilities (Agenda Item VII) David Pitstick, Director of Economic Development Corporation, informed Council that a Letter of Intent had been forwarded to Epic Corporation. Epic Corporation had submitted a revised Letter of Intent which Council had received copies of during the workshop prior to the regular meeting. Mr. Sherwood Blount, representing Epic Healthcare, Mr. Brian Worm, attorney representing the proponents and Mr. Philip Wiggins, representing the property owners, were available to answer any questions Council might have regarding this proposal. Epic Corporation is interested in property located at the northwest corner of Bethany Road and Central Expressway in Allen. Mayor Farmer told the representatives of Epic Corporation that in the Letter of Intent submitted by Epic there seemed to be significant differences in what the City was originally presented. At one point, the information was acceptable by the Allen Economic Development Corporation (AFDC). However, the AEDC did not approve the current proposal submitted by Epic. David Pitstick indicated that AEDC is interested in this proposal as a basic starting point and wants to continue review of the proposal. Mayor Farmer explained to the representatives of Epic Corporation that Council had three options regarding the Letter of Intent that was presented to them. Council could (1) vote "for" or "against," (2) table the item for further study, or (3) work on the item tonight discussing areas that might need clarification. Mr. Woram explained that they were in favor of tabling the item so Council, Staff and the AEDC would have additional time to review the proposal. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to table the Letter of Intent from Epic Corporation concerning construction of medical and office facilities so the proposal can be reviewed further by Council. The motion carried. Consider Site Plan for Dal -Mac Prooerty (Agenda Item VIII) Bill Petty, Director of Community Development, reviewed the property location of the Dal -Mac Site Plan. The property contains 11.189 acres of land located at the southeast corner of McDermott Drive and US 75. The property is zoned Central Business District (CBD) and is adjacent to the City Complex property and the Fina Station at the corner of US 75 and McDermott. Site plan approval has been received for this property A traffic study was prepared for Richard Ferrara Architects, Inc. by Kimley-Horne & Associates, and was reviewed for the City of Allen by John Frieble with Hunter Associates. Recommendations were made for right -mm tapers on McDermott for the eastbound lane into the central drive between the restaurant and bank, a right -tum taper along the frontage road to Allen Drive, and to the drive serving the grocery On westbound Allen Drive, button channelization should be provided to transition to one lane for the right -tum approach to the frontage road. A left -mm lane into this proposed development should be installed in the westbound lanes of McDermott Drive. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 18, 1993 PAGE 7 Richard Ferrara, Richard Ferrara Architects, Inc., representing Dal -Mac, also reviewed the site plan. He explained the site plan indicates that a median break and new drive cut will be constructed for the City of Allen Library It is Staffs understanding that the proponent plans to bear the cost for financing these facilities. The proponent is financially liable for the north two lanes of Allen Drive and the City is liable for the southern two lanes. Mr. Ferrara concurred that the proponent would take financial responsibility for this amendment. The drainage issue will be resolved in a manner that is consistent with the City of Allen standards at the time of final platting. Because of the high visibility and the fact that the backs of the building are immediately adjacent to the proposed 4 -lane thoroughfare, Allen Drive, the proponents have eliminated all alleys and service ares behind the buildings, enhanced the landscaping, and will be installing a berm. The service areas for loading and unloading at the grocery facility have been relocated to the side of the building. The site plan indicates that the berm would protect 30% of the wall behind the grocery store, and that the backs of the buildings will be architecturally designed to be consistent with building fronts. The City's landscape ordinance does not have specific requirements for kinds of trees, size of trees, etc. required for use. Mr. Ferrara explained that it is their intention to plant a combination of trees/shrubs/etc. for screening, fast growing deciduous, slow growing, seasonal color and evergreens. Dal -Mac wanted to receive a commitment from the City before retaining a landscape architect and a civil engineer. Council asked why the berm established was a "3 to V slope instead of a "4 to V or "5 to V slope. Mr. Ferrara explained that anything greater than a "3 to V slope was considered a safety hazard. A "3 to I" slope provides a safe inclination for an average riding lawn mower. Mr. Ferrara and the proponents also felt it would be more beneficial to the City to landscape more heavily between the Library and Allen Drive rather than between the proposed grocery store location and the US 75 service road. Council was concerned about how close the grocery building would be to the US 75 service road. Mr. Ferrara explained that at the closest point, the grocery building would he 45 feet to 50 feet from the US 75 service road. Council was concerned about the building materials that would be used for the four proposed buildings. They did not want the buildings to be constructed of concrete blocks. A more "finished" look such as brick or tile was preferred. Mr. Ferrara assured Council that all City of Allen masonry requirements would be adhered to. Council expressed to Mr. Ferrara that a Facilities Agreement needs to be established prior to final platting that would assure that all infrastructure and paving requirements are in place and accepted by the City prior to issuance of any Certificate of Occupancy (C.O.) for any building in this site. Council took a brief recess. Council discussed the Planning and Zoning Commission's recommendations for the following amendments to the site plan submitted to the City 1. The drainage shall be designed and resolved at the time of final plat and is to be consistent with City standards. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 18, 1993 PAGE 8 2. The landscape plan and elevation sheet, No. 2, will be attached indicating elevations will be attached to the site plan with detailed plans to be submitted at the time of construction. 3. Speed control devices are to be provided on the northern east/west road through the development, with approval of City Staff. 4. Traffic design should be in conformance with the recommendations of the City of Allen's traffic consultant, and would include three right-turn tapers on Federal Drive, and a left-turn lane on McDermott Drive. 5. Bank design on Lot B to be consistent with the City's traffic consultant's recommendations for queuing. 6. Parking spaces must comply with City of Allen standards. 7 Square footage is to be indicated on each building site. The above mentioned criteria, with the exception of kl, have been reflected on the amended site plan that Council is reviewing. Council was concerned with the type of lighting fixtures that would be used on the complex. Mr. Ferrara t explained that lighting futures with controlled angle illumination would be used. Mr. Ferrara confirmed that a screening wall is a solid wall. The rooftop refrigeration units, etc. would be disguised to "blend in" with the building. Councilmember Christakos made the comment that she was very glad that a developer like Dal-Mac who did quality work was interested in Allen. She asked that the developer consider Allen's Comprehensive Plan and try to incorporate more landscaping and/or berm into the area. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to approve the preliminary site plan for Dal-Mac Property according to Planning and Zoning Commission's recommendation with the following amendments: (1) Proposed median break and new drive entry into the Allen Public Library which the proponent has generously agreed to construct be included in the final site plan; (2) A Facilities Agreement be issued with the final plat stating that all street improvements would be completed before a Certificate of Occupancy would be issued for any individual site on this I1-acre tract; (3) The buildings would be constructed of 50% brick veneer or the and 50% of any other building material allowed in the Central Business District with the exception of the exterior being hadde concrete block and the exterior being architecturally compatible between all four buildings; ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 18, 1993 PAGE 9 (4) The lighting on the site would be of non -direct illumination that would be contained at the site; (5) The drainage shall be designed and resolved at the time of the final plat and be consistent with City standards (a reconfirmation of #1 of the Planning and Zoning recommendation letter); and, (6) The landscape shall be constructed as indicated on the site plans. The motion carried. Update on Location of Facilities at Bethany Lakes (Agenda Item IX) Councilme ober Christakos explained to Council that Ron Hobbs, architect, would be presenting the preliminary concepts for the two facilities planned for Bethany Lakes — the Bethany Lakes Primary Structure and the Allen Recreation Facility (ARF). The Parks and Recreation Board, Services Subcommittee and Facility Activity and Site Selection Oversight Committee (FATSSO) opted to present these concepts to Council prior to completing the schematic design, site analysis and park toaster plan. Mr. Hobbs explained to Council that he felt he had incorporated all the "ideas" and "feelings" that Council had suggested into the conceptual plan of the two facilities. Mr. Hobbs felt that the passive primary building should be located overlooking the lake which would give those visiting the building a feeling of calmness and encourage a peaceful atmosphere. He envisioned a deck extending over the lake and having two large glass walls in the "main room" which overlooked the lake. The main room would be approximately 20 feet x 30 feet. By strategically placing two of the walls in a "L -shape," this would block out any view of the puking lot or nearby residential areas. The second facility, the Allen Recreation Facility (ARF), would be located near the large grassy area and amphitheater. This location would include meeting rooms, game area, gymnasium, (2) racquetball courts, "kitchenette," aerobics/fitness area, and arts and crafts area. This would be a two-story building housing the meeting rooms on one level and the "active" areas on the other level. Mr. Hobbs also envisioned a small bridge connecting the parking lot to the main entrance to the building. Mr. Hobbs noted that with this arrangement, the building could be completed in phases and certain areas could still be utilized during the process. Council was very impressed with the concepts for the park [Waster plan. Council felt that Mr. Hobbs had "captured" the peaceful atmosphere while meeting the growing activity needs that the citizens of Allen had been looking for. Council gave Mr. Hobbs, the Parks and Recreation Board, Services Subcommittee and FATSSO the recommendation to proceed with finalizing the schematics and the site analysis for the Bethany Lakes Park Master Plan. There was no action taken on this item. Aporoye Citizen Input Model for Capital Improvement Ptannine (Agenda Item I1) Public Participation Mo City Manager Jon McCarty reviewed the highlights of the newdel for the Capital Improvement Program. They are: ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 18, 1993 PAGE 10 Specific reference to an anticipated bond election is made in the document. Although presently unnamed, the committee will make recommendations to the Council on projects to be included in the Capital Improvement Program. The committee will be divided into seven subcommittees for organizational purposes. Those seven subcommittees will be: 1. Steering 2. Finance 3. Streets and Drainage 4 Water and Sewer 5. Public Safety 6. Parks & Recreation & Library 7 City Offices The Steering Committee will be composed of a maximum of nine members that will be appointed by the Council. All other committee participants will be citizen volunteers. To insure maximum participation, a new section has been added titled "Advertisement." Council felt that advertisement was a critical factor in this program. Residents of Allen will be invited to participate as a member of the committee. Solicitation for participation will occur in the following ways: A brochure in the form of a door hanger will be placed on all homes in Allen. Letters from the City Council will be delivered to members of the Boards and commission asking them to participate as residents and to "talk it up" with their neighbors. A press release will be put together for release in early January Other communication methods will be considered. Discussion was held regarding an eighth subcommittee to the Public Participation Model for the 1993-94 CIP Council felt that Library should be separated from Parks and Recreation and that another subcommittee for Library and Arts should be established. City Council will appoint the members of the Steering Subcommittee. Other committee members will include all those participants who indicate an interest in serving by letter, phone call to Council or Staff or by attendance at the first organization meeting. Additional members tray be added during the process. Council will invite participation and will accommodate all of those with an interest in serving. Council discussed several qualities needed for leadership — interest, willingness to take the role, and capabilities. Council will bring the names of their individual nominations for the Steering Subcommittee to the December 2 Council meeting. ECouncil has been asked to think of an appropriate name for this new committee. Councilmember Hamner suggested "ARK" — Allen Residents Know She felt this symbolized that Allen residents are preparing for the future. No action was taken regarding the name of this new committee. A ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 18, 1993 PAGE 11 MOTION: Upon a motion made by Councilmember Hamner and seconded by Mayor Pro Tem Lilly, the Council voted six (6) for and none (0) opposed to approve the Public Participation Model for 1993-94 Capital Improvement Program (CIP) with the following amendments: (1) Separate Library from Parks and Recreation and add another category for Library and Arts, making a total number of eight subcommittees for organizational purposes; and, (2) Amend the time frame designating December 2 as the identification time for the nominees for the Steering Subcommittee and December 16 as the appointment time for the members of the Steering Subcommittee. The motion carried. Other Business (Agenda Item XI) Calendar (Agenda Item XI -A) November 30 6:30 p.m. AISD/Joint Meeting RESCHEDULED TO: NOVEMBER 29 - 6:30 p.m. December 5 1 - 3 p.m. Reception -Dr. Davenport-AISD Board Room December 10 7:00 p.m. City of Allen Employees' Christmas Parry December 21 7:00 p.m. Boards and Commission Appreciation Dinner Items of Interest (Agenda Item XI -B) There were no items of interest. Council took a brief recess. Executive Session (Agenda Item W In accordance with The Texas Government Code, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 10:35 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to Staff Presentation. The Executive Session was adjourned at 11.19 p.m. Reconvene (Agenda Item XHI) The Allen City Council reconvened into regular session at 11.20 p.m. on Thursday, November 18, 1993, in the Council Chambers of the Allen Municipal Amex. There was no action taken on items discussed during Executive Session. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 18, 1993 Adjourn PAGE 12 (Agenda Item IV) MOTION: Upon a motion made by Councilmember Terrell and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11.21 p.m., on Thursday, November 18, 1993. The motion carried. These minutes approved on the 2nd day of December, 1993. ATTEST: , LC J Mon' n, CMC, CITY SECRETARY 1 APPROVED: ce Farmer, MAYOR