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HomeMy WebLinkAboutMin - City Council - 1994 - 01/06 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 6, 1994 Present Joe Farmer, Mayor Councilinembers: Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, 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 6:33 p.m. on Thursday, January 6, 1994, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Open Council Discussion (Agenda Item II) Bill Petty, Community Development Director, distributed information pertaining to the Capital Improvement Planning (CIP) organizational meeting scheduled for 7:00 p.m., January 27, 1994 A proposed door hanger inviting participation in the Capital Improvement Planning process was reviewed and suggestions were given regarding its set-up. Comments were also solicited regarding a letter from the Mayor which will be sent to a targeted group inviting participation in the Capital Improvement Planning process. A service will be contracted to deliver the door hangers with 6,000 being delivered on January 17 and 2,000 delivered on January 24. Barbara Peevy, editor of the Allen Image, has solicited input and information appropriate from the Council and it was noted that an article has been written regarding the CIP program and will be published in the ® Allen Image at an upcoming date. The Council felt it might be appropriate to designate a possible contact from the Council to provide current and updated information as a means of communication to the public. ALLEN CITY COUNCIL WORKSHOP SESSION JANUARY 6, 1994 Discussion of Consent Agenda PAGE 2 and Reeular Aeenda Items (Agenda Item III) There was no discussion regarding the Consent Agenda items Discussion was held regarding Agenda Item V, Council Committee Reports. Councihnember Bishop indicated that he would introducing the City Manager and Parks Director for presentation of two plaques to Larry Kirk, City Athletic Coordinator, for his achievements of NYSCA 'Rookie of the Year" Award and "Most Productive New Chapter for 1993." Discussion was held regarding Agenda Item VI, Citizens Comments It was reported that Mr Shake would be present tonight to discuss TCI Cablevision. Mr. Shake has filed suit against TCI and has offered to serve on a citizens committee when and if that committee is formed in the near future. Several individuals were expected to be present tonight for participation in the Citizen's Comments agenda item. Discussion was held regarding Agenda Item VII, Approve Contract for Adopt -a -Highway Program. �r Participants for the Adopt -a -Highway program will be present this evening for recognition. Discussion was held regarding Agenda Item IX, Public Hearing to Consider the Planning and Zoning Commission Recommendations to Adopt a New Subdivision Ordinance. Development Subcommittee recommended a workshop be held with Planning and Zoning Commission members in order to review and understand the changes and new additions to the Subdivision Ordinance. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:27 p.m. on Thursday, January 6, 1994. REGULAR SESSION - 7:30 P.M. I With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:32 p.m. on Thursday, January 6, 1994 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 Mayor Pro Tem Lilly and seconded by Councilmember Bishop, 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. Approve Minutes of December 16, 1993, Regular Meeting. 0 A ALLEN CITY COUNCIL REGULAR SESSION JANUARY 6, 1994 PAGE 3 B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Ron Hobbs Architect For: Architectural Planning Services Allen Recreational Center 1985 Park Bond Funds Period: November 1993 2. Houston -Galveston Area Council For: Final Payment on two (2) Pierce Fire Apparatus 1992 General Obligation Bond Funds Period: December 18, 1993 3. Gohann Asphalt For: Purchase Asphalt for Railroad Crossing at Bethany Road 1985 Street Bond Funds Period: December 8, 15, 16, 1993 4. Frank Bartel Trucking For: Hauling of Debris from Bethany Road for Railroad Crossing 1985 Street Bond Funds Period: December 12, 1993 5. Pioneer Concrete For Purchase of Concrete for Railroad Crossings at Bethany Road 1985 Street Bond Funds Period. December 13, 1993 6 McComas Materials, Inc. For: Purchase of Concrete Sand for Railroad Crossing at Bethany Road 1985 Street Bond Funds Period: December 28, 1993 7 Texas Contractors Supply For. Purchase of 18" Traffic Cones for Railroad Crossing at Bethany Road 1985 Street Bond Funds Period: December 16, 1993 $ 1,712.25 $175,539.00 $ 167.04 $ 1,26000 $ 6,274.50 $ 480.61 $ 217.50 I I ALLEN CITY COUNCIL REGULAR SESSION JANUARY 6, 1994 PAGE 4 8. Lectric Safety Lites Company, Inc $ 432.00 For: Set and Maintain Signs at Railroad Crossing at Bethany Road 1985 Street Bond Funds Period: November 29, 1993 9 Ron Hobbs Architect $ 2,558.64 For: Architectural Planning Services Recreation Building Facilities 1985 Park Bond Funds PeriodDecember 1993 10. J C. Evans Construction Co., Inc. $ 29,369.94 For: FM 2170 Utility Relocation 1985 Water and Sewer Bond Funds Period December 22, 1993 11 J C. Evans Construction Co., Inc. $ 3,87000 For: McDermott/US 75 Utility Relocation 1985 Water and Sewer Bond Funds Period: December 22, 1993 C. Authorize City Manager to Approve Interlocal Cooperation Agreement with Collin County to Provide Routine Road Maintenance. Resolution No. 1214-1-94(R): A Resolution of the City Council of the City of Allen, Texas, Approving the Terms and Conditions of an Interlocal Agreement By and Between the City of Allen, Texas and Collin County, Texas, Providing for a Cooperative Program for Goods and Services; Designating the City Manager or his Designee as Official Representative of the City in Matter Relating to the Program; and Authorizing the City Manager, or his Designee to Execute; and Providing an Effective Date The motion carried. End of Consent A ends Council Committee Reports (Agenda Item V) Services: The City Manager and Director of Parks and Recreation presented a plaque to Larry Kirk, City Athletic Coordinator, for his achievement of "NYSCA Rookie of the Year" and "Most Productive New Chapter." ALLEN CITY COUNCIL REGULAR SESSION JANUARY 6, 1994 PAGE 5 Finance: Development: Mayor's: Meeting is scheduled for January 18 Meeting is scheduled for January 12 Meeting was held with the Boards/Commission Chairs on Wednesday, January 5, at which time each Chairperson updated the group on their particular areas: Mayor presented to Chairs information regarding the process to review Boards and Commission. Citizen's Comments (Agenda Item VI) Joyce Sisson, 914 Circle Cove, spoke before the Council regarding traffic safety and the sidewalk issue in the South Fountain Gate Drive/Hillside area. She noted disturbances during construction phase of South Fountain Gate Drive and is very concerned regarding traffic through the neighborhood due to the new street configuration. Gina Mote, 912 Circle Cove, spoke before the Council regarding the traffic problem in the Hillside area which is being aggravated by the redesigned thoroughfare. Glen Shake, 1002 Hopkins Drive, spoke before the Council regarding TCI Cable service. Mr. Shake has filed a civil action suit at the courthouse in McKinney and he felt the Council needed to be aware of exculpatory practices of TCI Cable. Matthew Bonner, 919 Rivercrest, spoke before the Council regarding speeding traffic in the 900 block of Rivercrest. Staff was instructed to investigate the situation. James Hogston, One Victorian Circle, spoke before the Council in opposition to the placement of batting cages and video arcades in Ford Park He was asked to be informed regarding any additional or future progress that is made regarding the cages. He is especially concerned about a potential for increased crime, problems with parking and speeding, and the need to rezone the park for commercial use. Tony Rigner, 912 Grassy Glen, spoke before the Council regarding the increased traffic in the Hillside neighborhood and the increased traffic onto FM 2170 in the South Fountain Gate Drive area. Dave Wilcox, 923 Sunny Slope, spoke before the Council regarding traffic in the South Fountain Gate Drive area and desired information regarding the light installation at South Fountain Gate Drive and FM 2170. Mr Wilcox suggested that the citizens be informed of future plans so that they would be more able to cope with inconveniences. ALLEN CITY COUNCIL REGULAR SESSION JANUARY 6, 1994 PAGE 6 Randal Sisson, 914 Circle Cove, was interested in the citizen involvement process in zoning cases. He implied preferential treatment was given to newer neighborhoods and requested police patrol to stop traffic during peak times to allow citizens to merge onto FM 2170. Staff will be reviewing the South Fountain Gate area and enhanced communication with the neighborhood and Staff will take place with Joyce Sisson being the neighborhood representative on this particular issue. Council took a brief recess. Approve Contract for Adopt -a -Highway Program (Agenda Item VII) Girl Scout Service Unit 351 agrees to take action to control the litter problem by developing a functional plan that will influence and encourage the public to improve the appearance of the adopted highway, coordinate the general clean-up at least four times a year, assist the City of Allen in securing media coverage for the program, and coordinate with the Parks and Recreation Director to carry out the plan. The Service Unit 351 agrees to adopt the section of Allen Heights beginning at Bethany Road and continuing north to Exchange Parkway The City of Allen, in return, will erect two highway signs indicating the section of highway under adoption, conduct media coverage to inform the public of the project, provide safety vests, traffic cones and trash bags, and provide assistance if necessary in carrying out the overall plan. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to authorize the Mayor to execute the contract for the Adopt -a -Highway Program for Girl Scout Service Unit 351 involving Allen Heights between Bethany Road and Exchange Parkway The motion carried. Public Hearing to Consider a Request to Amend Planned Development 12 to Allow Day Care as a use on 1.8345 Acres Located South of FM 2170 and East of South Fountain Gate Drive with Site Plan Approval and Consider an Ordinance Effecting this Change (Agenda Item VIII) Bill Petty, Community Development Director, presented the zoning request for Shadow Lakes Center to the Council. The property is located at the southwest corner of South Fountain Gate Drive and Allen Heights Drive. Jim Batton, architect and developer for the proponent, discussed the interior of the building and the exterior fencing. The ingress and egress will be from South Fountain Gate Drive and Grassy Glen Drive. The City Engineer and Fire Marshal have reviewed and approved the site plan and it was noted that 15 parking spaces would be available, an excess of what the Ordinance requires. Mayor Farmer read the request into the record as follows: "Public Hearing to Consider a Request to Amend Planned Development 12 to Allow Day Care 1 as a use on 1.8345 Acres Located South of FM 2170 and East of South Fountain Gate Drive with Site Plan Approval and Consider an Ordinance Effecting this Change." ALLEN CITY COUNCIL REGULAR SESSION JANUARY 6, 1994 PAGE 7 Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Randal Sisson, 914 Circle Cove, questioned whether anything other than the day care center can go into that triangular piece of land after the zoning takes effect. Joyce Sisson, 914 Circle Cove, was interested in the use of an adjacent piece of property not being developed or zoned by this request. Staff indicated that it would most likely remain green open space. Residents in that area were concerned about the stacking of automobiles at the Allen Heights intersection and parking along the street during peak periods With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Ordinance No. 1215-1-94: An Ordinance of the City of Allen, Collin County, Terms, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, so as to Amend Ordinance No. 1107-6-92, Planned Development No. 12 (PD 12), on the Following -Described Tract of Land: 1.8345 Acre Tract of Land in Abstract No. 92 of the Simon Burns Survey and in Abstract No. 255 of the John Davis Survey, City of Allen, Collin County, Texas; Providing for Use and Area Regulations; Providing for a Site Plan; Providing for a Landscape Plan; and Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. MOTION: A motion was made by Councilmember Hamner and seconded by Councilmember Nichols to approve Ordinance No. 1215-1-94 as previously captioned. No vote was taken on this motion. MOTION: A motion was made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos to amend Ordinance No. 1215-1-94 to authorize Staff, if traffic becomes a problem, to inform the property owner to re -design the traffic flow for exit onto South Fountain Gate Drive and entrance from Grassy Glen to alleviate congestion and stacking The Council voted seven (7) for and none (0) opposed to amend Ordinance No. 1215-1-94 The motion carried. MOTION: As previously moved, upon a motion made by Councilmember Hamner and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1215-1-94 as previously captioned with the amendment and in accordance with Planning and Zoning recommendation that the triangular parcel south of the proposed day care center property be included on the site plan and be maintained by the property owner and that the handicapped parking space be increased in size to satisfy federal standards. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION JANUARY 6, 1994 PAGE 8 If the amendment does not solve traffic congestion and stacking problems, Staff is authorized to suggest an alternative for the traffic flow Public Hearing to Consider the Planning and Zoning Commission Recommendations to Adopt a New Subdivision Ordinance (Agenda Item IIq Bill Petty, Community Development Director, introduced John Garcia, Chairman for the Planning and Zoning Commission, who addressed the Council. Mr. Garcia reviewed the process of Planning and Zoning in the development of the Subdivision Ordinance. The purpose of the revisions was to more clearly identify the requirements and procedures for developing property in Allen and to streamline the development process. Mayor Farmer read the request into the record as follows: "Public Hearing to Consider the Planning and Zoning Commission Recommendations to Adopt a New Subdivision Ordinance." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Richard Ferrara, representative for Briar Ridge Investments requested that Council review his suggestions for new verbiage prior to adoption of this Ordinance. Melissa Owen, 801 Sycamore Creek, spoke in favor of the adoption of the new Subdivision Ordinance. Sotoria Montanari, 211 Sycamore Creek, spoke in support of the Subdivision Ordinance Francis Williams, Montgomery Farms, spoke before the Council in favor of the adoption of the Subdivision Ordinance and was especially pleased with the reference to alternative transportation and the protection of our drainage ways. Eileen Tollett, 404 Watson Drive, presented a letter which was read into the record in support of the Subdivision Ordinance. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. It was noted that the Planning and Zoning Commission and Staff have spent many hours on the production of this document, reviewing Subdivision Ordinances from surrounding cities and because of this magnitude, a workshop should be set so that Council and the Planning and Zoning Commission can review the changes and additions in this document. The workshop for the Subdivision Ordinance was set for 7.00 p.m. in the Council Chambers on January 31. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to table consideration of the Planning and Zoning Commission recommendation to adopt anew Subdivision Ordinance. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION JANUARY 6, 1994 PAGE 9 Council took a brief recess. Consider an Ordinance Revising Services and Rates for Solid Waste Collection and Disposal (Agenda Item X) Michael Stanger, Assistant to the City Manager, distributed an updated copy of the Ordinance dealing with solid waste collection and disposal being considered this evening. Mr. Stanger reviewed the changes in the Ordinance as well as pricing information in Exhibit A. The standard and optional services were reviewed under the new program design recommendations and metroplex city charges for garbage and recycling was also discussed with the Council The plan calendar for implementing solid waste and brush changes calls for promotionalleducational notices to be presented to the citizenry January 17, February 21, and March 21 with automated garbage service, grassfbmsh ban, optional brush service and new residential rates to take effect April 1, 1994 Randy Smith, Marketing Manager for BFI, and John Love, Facility Manager for BFI, discussed the optional services available and the various cost levels. They indicated BFI would be happy to look at the pricing for optional services in a year to see if the pricing schedule is in line with other adjustments. Robert Butcher, 927 Rivercrest, spoke before the Council regarding this item and had concerns with the following issues: replacement of poly -cart, need for more aggressive recycling incentives, lack of price reduction along with reduced services. Nancy Nevil, 200 Glenwick Place, expressed concern about the service level and felt that the reduced price did not make up for the reduced service level. She also expressed concern about enforcement issue for people who place out brush that is untagged which will not be picked up and the resultant trashy alleyways. Melissa Owen, 801 Sycamore Creek, was concerned about the lack of instructions on how citizens deal with trash going into the poly -cart container and the possibility of that trash being blown down the alleyway when dumped into the truck. She was pleased with Council's efforts to implement everything at once but felt it was not in the best interest of the citizens to decrease service. She complimented the Council for offering options for banning of grass clippings and brush. Sotoria Montanari, 211 Sycamore Creek, spoke before the Council in support of the basic Ordinance barring grass clippings but expressed a concern with illegal dumping Lorin Gilbert, 810 Ashwood Drive, spoke before the Council regarding several concerns: decreased service, trash overthrow with once a week pickup, the reasoning to change to automation, illegal dumping, recourse for complaints of the new system Mr Gilbert felt the Council was not ready to vote on this this evening. ALLEN CITY COUNCIL REGULAR SESSION JANUARY 6, 1994 PAGE 10 MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to table consideration of an Ordinance revising services and rates for solid waste collection and disposal and to set up an ad hoc committee consisting of Kevin Lilly, David Bishop and Mike Nichols to negotiate the contract with BFI and bring back to Council a recommendation for an Ordinance revising services and rates for solid waste collection and disposal. The motion carried. Authorize Execution of a Letter of Intent Regarding Economic Incentives to a Company Considerine Relocation to Allen (Agenda Item XI) David Pitstick, Economic Development Director, indicated to the Council that the Economic Development Board has been in negotiations with "Metis" but the company is not ready for a Letter of Intent regarding economic incentives for relocation to Allen. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to table Agenda Item XI, authorize execution of a Letter of Intent regarding economic incentives to a company considering relocation to Allen The motion carried. Other Business Calendar January 27 7.00 p.m January 31 7.00 p.m Items of Interest Library CIP Organizational Meeting City Hall Council/Planning & Zoning Subdivision Ordinance There were no items of interest. Executive Session (Agenda Item XIA (Agenda Item XII -A) Workshop regarding (Agenda Item XII -B) (Agenda Item XIII) In accordance with The Texas Government Code, Personnel, Section 551.074, and Property, Section 551.072, the Allen City Council convened into Executive Session at 10:20 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen. Texas to order to discuss matters pertaining to CIP Committee Appointments and Land Sale as part of an Economic Incentives Package. The Executive Session was adjourned at 1 34 a.m. I ALLEN CITY COUNCIL REGULAR SESSION JANUARY 6, 1994 Reconvene PAGE 11 (Agenda Item XIV) The Allen City Council reconvened into regular session at 1.35 a.m. on Friday. January 7, 1994, in the Council Chambers of the Allen Municipal Annex. Committee: CIP Steering Committee Appointments Councilmember Bishop placed the following names as a slate of nomination for the CIP Steering Jim Wolfe - Chair Bob Rothe - Finance Paul Penny - City Offices Robin Sedlacek - Parks and Recreation Gail Boon - Library and Arts Jerry Wilson - Public Safety Mark Hicks - Streets and Drainage Dana McGowan - Water and Sewer MOTION: Upon a motion made by Councilmember Bishop and seconded by Mayor Pro Tem Lilly, the Council voted seven (7) for and none (0) opposed that the nominations cease and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Capital Improvement Program (CIP) Steering Committee. The motion carried. Land Sale There was no action taken on the land sale as part of an Economic Incentives Program discussed in Executive Session Adiotrru (Agenda Item XV) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 1.36 a.m., on Friday, January 7, 1994. The motion carried These minutes approved on the 20th day of January . 1994. APPROVED: Ioe Farmer, MAYOR h Mor son, CMC, CITY SECRETARY