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HomeMy WebLinkAboutMin - City Council - 1994 - 11/03 - RegularALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 3, 1994 Present: Joe Farmer, Mayor Councilmemben: Kevin Lilly, Mayor Pro Tem David Kerr 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 quomm of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 630 p.m. on Thursday, November 3, 1994, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. OORm Council Discussion (Agenda Item II) Council commented on the ground breaking for the Allen Recreation Center held on Saturday, October 29, and the ground breaking for PHOTRONICS held Wednesday morning, November 2. Mayor Pro Tem Lilly reported on a Collin County Mobility Summit Meeting this week. Various issues were discussed including 'clean air' issues, "tum over" in the Texas Department of Transportation, the need for additional funding for US 75 and engineering deadlines. Discussion of Consent Agenda and Reeular As ends, Items (Agenda Item III) Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda Item V, Council Committee Reports. Council subcommittees reviewed briefly items being worked on during each of their meetings. ALLEN CITY COUNCIL WORKSHOP SESSION NOVEMBER 3, 1994 PAGE 2 Discussion was held regarding Agenda Item VI, Citizen's Comments. No one was aware of any citizen's comments. Discussion was held regarding Agenda Item VB, Request to Appear by the Allen Jaycees to Discuss Plans for the City of Allen's Christmas Parade. The request to appear by the Allen Jaycees is a routine request. Discussion was also held regarding the tree lighting generally performed by the Allen Parks and Recreation Department. It was suggested that the tree be placed between the library and police department in the plaza area. Discussion was held regarding Agenda Item VIII, Public Hearing on a Request to Amend Planned Development/Multi-Family No. 19 by Amending the Site Plan and to Rezone a Portion of Lot 2 of Eagle Plaza Shopping Center to Planned Development/Multi-Family Located South of Main Street and East of Jupiter Road as Requested by Perdue Construction Company and Consider an Ordinance Effecting this Change. Bill Petty, Director of Community Development, discussed the request from Perdue Construction and indicated that the screening wall will be masonry and they are asking for a variance of 2.25 on puking spaces. In order to receive financing, the construction company needed frontage along Jupiter Road. Discussion was held regarding Agenda Item IX, Approve Bids for an Emergency Repair of a 27" Sanitary Sewer Aerial Crossing. Discussion was held regarding the aerial crossing repair process including the pier repair, the pipes and the epoxy coating as well as the fiscal impact of the entire job. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:20 p.m. on Thursday, November 3, 1994. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:30 p.m on Thursday, November 3, 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 Councilmember Nichols and seconded by Mayor Pro Tem Lilly, 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 October 20, 1994, Regular Meeting. B. Approve a Resolution Authorizing the Records Management Officer to Petition for an Extension of the Records Control Schedule Filing Deadline Resolution No. 1297-11-94(R): A Resolution of the City Council of the City of Allen, Collin County, Authorizing the Records Management Officer for the City of Allen to Petition the Texas State Library and Archives Commission for an Extension of the Records Control Schedule Filing Deadline under the Local Government Records Act of 1989 from January 2, 1995 to January 2, 1996 in Accordance with § 203.041(C), Texas Local Government Code ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 3, 1994 PAGE 3 C. Consider an Ordinance Abandoning a City Utility Easement Located on Enterprises Addition B, Platted by InteCom, Inc., and Authorizing Staff to File the Abandonments at the Office of the Collin County Clerk, Ordinance No. 1298-11-94: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Abandoning a Utility Easement as Recorded in Volume 1744, Page 832 of the Deed Records of Collin County, Located on a Tract of Land Situated in the Rufus Sewell Survey, Abstract No. 875, and Further Being a Pan of Enterprises Addition 11, an Addition to the City of Allen Filed in Cabinet G, Sheet 457 of the Deed Records of Collin County, Texas; Providing for a Severability Clause; and Providing for an Effective Date. D Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. 1 & H Tmck Service, Inc. $ 544.00 For: Ridgemont Drive Street Bond Assessments Period: August 1 & 2, 1994 2. Lectric Safety Lites $1,400.00 For- Ridgemont Drive Street Bond Assessments Period: September 20, 1994 3. Lectric Safety Lites $3,000.00 For: Ridgemont Drive Street Bond Assessments Period: September 7, 1994 The motion carried. End of Consent Aeenda Council Committee Reports (Agenda Item V) Development: Interim City Hall facilities Work Program Emergency sewer expenditure Vision 2000 Plan Economic Development prospects Alternative transportation system ALLEN CITY COUNCIL 1 REGULAR SESSION NOVEMBER 3, 1994 PAGE 4 Services: Ground breaking of the Allen Recreation Center was held on Saturday, October 29 Finance/Administration: No report Mayor's: Work Program Municipal Messenger Review of current Council agenda Ground breaking of PHOTRONICS was held on Wednesday, November 2 DRMC will meet tomorrow to finalize submission of additional projects to the Texas Transportation Commission Collin County Mobility Summit Collin County officials met to discuss issues common to neighboring communities including transportation, juvenile crime, joint services, social services and Economic Development Citizen's Comments (Agenda Item VI) The Council recognized Rountree Boy Scout Troop led by Joe Swartz. Request to Appear by the Allen Jaycees to Discuss Plans for the City of Allen's Christmas Parade (Agenda Item VII) John Payton, representing the Allen Jaycees, requested Council authorization to hold the annual Christmas parade on Saturday, December 3, 1994 at 3:00 p.m. The Jaycees have worked with Allen Police Department, Fire Department and the Parks and Recreation Department regarding the parade route and coordination of the Christmas tree lighting. The Allen Boy Scouts Pack Troops have requested to sell drinks as a fund raiser during the parade. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilru tuber Terrell, the Council voted seven (7) for and none (0) opposed to authorize the Allen Jaycees Christmas Parade to be held on Saturday. December 3, 1994 beginning at 3.00 p.m. and authorize an Allen Boy Scout Pack Troop to sell drinks as a fund raiser on City streets in conjunction with the Allen Christmas parade. The motion carried Public Hearing on a Request to Amend Planned Development/Multi-Family No. 19 by Amending the Site Plan and to Rezone a Portion of Lot 2 of Eagle Plaza Shopping Center to Planned Development/Multi-Family Located South of Main Street and East of ® Jupiter Road as Requested by Perdue Construction Company and Consider an Ordinance Effective this Chanee (Agenda Item VHI) ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 3, 1994 PAGE 5 Bill Petty, Director of Community Development, reviewed the request of Perdue Construction Company on property located east of Jupiter Road and south of Eagle Plaza Shopping Center. The property is governed by Multi -family 3 regulations with three variances that need to be considered. First, proposed density is 18.64 units per acre for a total of 284 units which contrasts to the ordinance standard of 18 units per acre. Second, the proposal provides for 2.25 puking spaces per unit; however, the ordinance requires 2.5 spaces per unit. Third, a five-foot high variance is being requested in order to accommodate two nine -foot ceilings. A traffic study was prepared and a high capacity access design should be considered for the Jupiter Road entrance. This design should include large radii turning movements with deceleration and acceleration lanes with a significant area of no conflict. The exact configuration of the entrance will be determined when the engineering plans are submitted. This item is coming with Planning and Zoning recommendation with the following provisions: 1. The screening wall will be eight feet. 2. All traffic recommendations are agreed to subject to the availability of right-of-way 3. Fire Marshal will be satisfied with site plan. 4. The density of 18.6 units is allowed provided Roaming Road will be continued across this property from the existing dead-end to Jupiter Road. 5. Height variance is allowed for an additional five feet with two stories only 6. Parking variance is allowed for 2.25 parking spaces per unit. MINORITY FINDINGS. Density exceeds current zoning. 2. Deceleration lane will be difficult to achieve on property not owned by the proponent. 3. Position of gate on western side might cause a stacking problem. MAJORITY FINDINGS. 1. 18.64 density allows for a mix of apartment types. 2. Security gates will enhance the project. 3. Roaming Road will be constructed to allow east/west access from Jupiter. 4 Site Plan will meet Fire Marshal and traffic consultant review 5. Variance of five feet for height allows for a more aesthetically pleasing development with a maximum of two stories. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 3, 1994 PAGE 6 6. Same land use as before. 7 Traffic flow is enhanced by the connection to Jupiter Road. 8. Puking requirement should be considered in the Zoning Ordinance review 9 The change from Shopping Center to Multi -family decreases traffic. The proponent reviewed the plan and indicated this would be a two story complex with 100% masonry construction. An off -set storage area would be provided to the residents of the complex and will need additional staff review during the engineering stage with regard to entry to that site. Mayor Farmer read the request into the record as follows: "Public Hearing on a Request to Amend Planned Development/Multi-Family No. 19 by Amending the Site Plan and to Rezone a Portion of Lot 2 of Eagle Plaza Shopping Center to Planned Development/Multi-Family Located South of Main Street and East of Jupiter Road as Requested by Perdue Construction Company and Consider an Ordinance Effecting this Change." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. With no one speaking either for or against the request, Mayor Fanner closed the public hearing. All landscaping will be completed in compliance with City standards. The proponents concurred that additional landscaping will occur near the eight -foot screening wall It is the intent of the proponent to begin construction by the end of this year or the beginning of next year Discussion was held regarding gated entry ways. At time of engineering, the deceleration and acceleration lanes will be reviewed and approved by Staff. The project is approximately a $10 million project. Ordinance No. 1299-11-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, and Ordinance No. 668-12-85 by Amending the Site Plan in Planned Development No. 19 (PD No. 19) to be in Conformance with Multi - Family -3 (MF -3) and Changing the Zoning on 1.6 Acres from Shopping Center (SC) to Multi -Family -3 (MF -3) and Providing for Variances to Multi -Family -3 (MF -3) Regulations on the Following -Described Tract of Land: 15.374 Acres of Land in the David Wetzel Survey, Abstract No, 977, City of Allen, Collin County, Texas; Providing for Exhibit "E" Site Plan; Providing for Variances; and Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand I ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 3, 1994 Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. PAGE 7 MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 1299-11-94 as previously captioned and in accordance with Planning and Zoning recommendation. The motion carried. Approve Bids for an Emergency Repair of a 27" Sanitary Sewer Aerial Crossine (Agenda Item IX) George Conner, Director of Public Works, indicated that a 27" sanitary sewer line that crosses Rowlett Creek north of McDermott was damaged during a recent storm. The piers need to be replaced and the pipe repaired or replaced. Existing 18" piers will be replaced by 30" piers and will be shifted ten feet to the west to give more clearance to debris in the train channel. The following estimated expense shows the fiscal impact regarding this item. FISCAL IMPACT The estimated maximum expense to restore this line to service is: Binkley & Barfield -Engineer $ 2,250 Cullum Construction 47,850 Gifford -Hill 6,985 Marto Sinacola & Sons -epoxy coating 9,600 Contingency - 5% 3 315 TOTAL $70,000 The expenditure will be drawn from the Water and Sewer Maintenance Fund and will need an adjustment to the budget in April of 1995. MOTION: Upon a motion made by Councilmember Kerr and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve a budget of $70,000 for emergency repairs to the sewer line and award the construction project to Cullum Construction Company in the amount of $47,850 and authorize Staff to obtain the services of Binkley & Barfield, Gifford - Hill and the lowest cost provider to line the pipe with epoxy coating in accordance with Staff recommendation. The motion carried. Other Business Calendar December 6 Boards and Commission Dinner (Agenda Item X) (Agenda Item X -A) ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 3, 1994 PAGE 8 Items of Interest (Agenda Item X -B) Staff was requested to research the storage of recreational vehicles on Allen Drive. Executive Session (Agenda Item XI) In accordance with The Texas Local Government Code, Legal, Section 551.071, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 9:05 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to Personnel Evaluations Appointments to City Boards Pending Lawsuit Reference ASAP Sewer Line Staff Presentation on Status of Facilities Agreement Staff Presentation on Economic Development Prospect. The Executive Session was adjourned at 12:55 a.m. Reconvene (Agenda Item XII) The Allen City Council reconvened into regular session at 12:56 a.m. on Friday, November 4, 1994, in the Council Chambers of the Allen Municipal Amex. There was no action taken on items discussed during Executive Session. Adioum (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Kerr and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:57 a.m., on Friday, November 4, 1994. The motion carried. These minutes approved on the 17th day of November , 1994. APPROVED: oe Farmer, MAYOR I:V W af.`Y IA dy Mo son, CMC, CITY SECRETARY