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HomeMy WebLinkAboutMin - City Council - 1996 - 05/02 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 2, 1996 Joe Farmer, Mayor CKSRim. it iLii112�9 Lonnie Thomas David Kerr Doug Gallagher Mike Nichols, Mayor Pro Tem Steve Terrell David Bishop City Staff• Jon McCarty, City Manager Judy Morrison, City Secretary W.21\ :CII WAY13f 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 5:35 p.m. on Thursday, May 2, 1996, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Ooen Council Discussion (Agenda Item II) Discussion was held regarding the progress of the Texas Cattle Company Restaurant. It appears the present project manager is not prepared to undertake a building of this size. An update will be given as additional developments take place. The Bethany Road power poles are up but the lines have not been strung at the present time. The project has taken longer than expected since the holes have had to be dug by hand. Another overhead power line issue has arisen on Alma and FM 2170. It seems the developers have agreed to pay for burying those lines. The Economic Development office will be preparing a tax abatement for the expansion of True Value Hardware store The purchase of "The Woods" south of McDermott is not able to take place at this time. ALLEN CITY COUNCIL WORKSHOP SESSION MAY 2, 1996 PAGE 2 Discussion was held regarding a letter received this week with a complaint about the screening at Hillside ballfields and lack of protection to vehicles and homes in the area. Discussion of Consent Agenda and Regular Aeenda Items (Agenda Item HI) Mayor Farmer began the review of Agenda Item VII, Tabled Item: Median Cuts for State Highway 5 Reconstruction. John Friebele, Engineer with Hunter Associates, Inc., reviewed the redesigned SH 5 median cut report with the Council. He specifically dealt with issues brought up during the previous public hearing on April 18. Those issues included a request for median access at the veterinary clmic, request from RCL to provide a northbound left -mm storage lane, request by the First United Methodist Church to have a north median cut into the parking lot and a request from the dentist's office to have a full median cut. Engineer John Friebele indicated to the Council that his recommendation is coming from engineering standards that would provide the capacity and safety appropriate for this type of highway The Council, however, has the authority to recommend any roadway changes to TXDOT Discussion was held regarding Agenda Item IV, Item D, Approve Bids and Budget and Authorize Execution of Contract on the Reconstruction of Portions of Anna and Boyd Streets. Council asked for clarification as to whether drainage would be an issue in conjunction with the reconstruction of Anna and Boyd Streets. The bar ditches will be cleared, but the road itself will not be curbed and guttered. Discussion was held regarding Agenda Item IX, Consider a Resolution Addressing Issues Allowing Settlement of the ASAP Sewer Dispute Including: Approving the Settlement Agreement; Authorizing Execution of Closing Documents and Making a Settlement Payment; and Authorizing Execution of an Assignment of the Easements and Improvements to the North Texas Municipal Water District. City Manager Jon McCarty indicated that all parties have agreed to meet on Monday afternoon. The City of Allen may need to "front" some of the money until the courts can release the money in its custody Changes and revisions in the agreement were reviewed by the City Manager. Briar Ridge has completed three (3) important issues for the City including parkland dedication, the Facilities Agreement and the ASAP sewer line. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:30 p.m. on Thursday, May 2, 1996, 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 Fanner at 7 38 p in on Thursday, May 2, 1996 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. ALLEN CITY COUNCIL REGULAR SESSION MAY 2, 1996 CONSENT AGENDA PAGE (Agenda Item IV) MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Kerr, 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 the April 18, 1996, Regular Meeting. B. Approve Minutes of the April 17, 1996, Joint Public Hearing of the Allen City Council/Planning & Zoning Commission, C. Accept Resignation from Parks Board Member, Place No. 6. Leah Magruder Parks Board September 1993 - April 1996 D Approve Bids and Budget and Authorize Execution of Contract on the Reconstruction of Portions of Anna and Boyd Streets. Council authorized City Manager Jon McCarty to execute a contract with JRJ Paving, Inc. to pave Anna and Boyd Drives for $71,655. E. Adopt an Ordinance Confirming the City Council's Action of April 18, 1996, to Expand the Area Allowed for an Auto Laundry with Gasoline Sales as an Accessory Use with an Additional Specific Use Permit for an Office Showroom/Warehouse with Site Plan Approval on a 3 2 -Acre Tract Located on Tract 14, Abstract No 875, City of Allen, Collin County, Texas. Ordinance No. 1423-5-96: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 as Previously Amended, by Approving a Specific Use Pemdt for an Office/Showroom Warehouse and Expanding the Existing Specific Use Permit for an Auto Laundry with Site Plan Approval on the Following -Described Tract of Land: 3.2 Acres of ]and Located in Planned Development - SC -No. 4, the Rufus Sewell Survey, Abstract 875, Tract 14, City of Allen, Collin County, Texas; Providing for Terms and Conditions; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. F Adopt an Ordinance Confirming the City Council's Action of April 18, 1996, to Attach a Specific Use Permit with Site Plan Approval for MiniWarehouses on Tract 44, Abstract No. 708, City of Allen, Collin County, Texas. ALLEN CITY COUNCIL REGULAR SESSION MAY 2,19% PAGE 4 Ordinance No. 1424-5-96: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 as Previously Amended, by Approving a Specific Use Permit for MimWarehouses with Site Plan Approval on the Following -Described Tract of Land. 2.472 Acres Located in the Central Business District, the William Perrin Survey, Abstract 708, Tract 44, City of Allen, Collin County, Texas; Providing for Terms and Conditions; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. G. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement Program as follows: 1 Boone Electric Company $480 30 For: Library Additions General Fund Period: March 1996 2. XIT Paving & Construction, Inc. $18,720.88 For: Paving and Drainage Improvements 1985 Existing Street Bond Funds Period: April 1996 3. Door Control Services, Inc. & Besam, Inc. $21,130.00 For: Furnished and Installed Automatic Sliding Glass Doors for Library Addition. General Fund Period: March 1996 4 Door Control Services, Inc. $77420 For. Installed Automatic Sliding Doors General Fund Period: March 1996 5. Kenley Horn & Associates, Inc. $110.00 For: Expenses and Services Incurred through 3/31/96 for Exchange Parkway West Alignment Study Street Assessments Period: through March 31, 1996 6 Alpha Testing, Inc. $206.00 For: Concrete Testing for Allen Heights Project 1985 Existing Street Bond Funds ) Period* April 1996 I ALLEN CITY COUNCIL REGULAR SESSION MAY 2, 1996 PAGE 5 7 Harte Hanks Community Newspaper, Inc. $44.00 For. Advertisement for Anna/Boyd 1994 Street Bond Funds Period: through Febmary 28, 1996 8. Gifford Hill Pipe Co $5,040.00 For: Installation of Inlets & Storm Sewers for FM 2170 1985 Existing Street Bond Funds Period: April 17, 1996 9 Allen Hill Associates, Ltd. $1,810.76 For: City's Share of Cost of Alma Drive Sueet/Drainage Bonds Period: Services through April 1996 I0. Marock, Inc. $1,21954 For: Installation of Inlets & Storm Sewers for FM 2170 1985 Existing Street Bond Funds Period: May 2, 1996 11. Moss Constructions Co , Inc $13,106.50 For: Installation of Inlets & Storm Sewers for FM 2170 1985 Existing Street Bond Funds Period: May 2, 1996 12. Ameri-First Service, Inc. $2,675.62 For: Final Invoice on HAC at Recreation Center 1994 Bond Funds Period: through April 29, 1996 13. Sperling Company $6,689.00 For: Final Payment for Utilities Installation at Recreation Center 1994 Bond Funds Period: through April 29, 1996 14. Dean Electric, Inc $2,820.00 For: Process Dirt at Allen Recreation Center 1994 Bond Funds Period: through March 25, 1996 15. Ten Hagen Excavating, Inc. $1,930.00 For: Process Dirt at Allen Recreation Center 1994 Bond Funds Period. through April 3, 1996 ALLEN CITY COUNCIL ,( REGULAR SESSION MAY 2, 1996 PAGE 6 16. Espey, Huston & Associates, Inc. $307,136.61 For: Engineering Service Incurred through 4/1/96 for FM 2170 Facility Agreement Twin Creeks & Watters Crossing Period: 2/25/96 to 4/1/96 H. Set Budget and Authorize Engineering Contract for 16" Water Line on Exchange Parkway Council authorized City Manager Jon McCarty to enter into an engineering contract with Freese and Nichols for $29,000 and to set a project budget of $438,000 for the 16" water line on Exchange Parkway The motion carried. End of Consent Agenda Council Committee Reports (Agenda Item V) Services: No report. Finance/Administration: No report. Development: No report. Mayor's: Review current Council agenda Updated SH 5 median report Tree preservation ordinance Enterprise Zone Citizen's Comments (Agenda Item VI) Phil Hamilton, 409 Ellis, Allen, Texas 75002, spoke before the Council in opposition to the proposed SH 5 median cut revisions. He presented a letter to the Mayor and Council from Mrs. Gentry Jones, also opposing the SH 5 median planning requesting a four -lane roadway and a petition from several homeowners in the area requesting that a "screening wall' be included in the proposal since there are concerns in the neighborhood regarding privacy, safety and noise pollution. Mr Hamilton requested the issue be tabled to allow the City, not the State Highway Department, drive the direction for the roadway He requested that noise abatement be addressed as well as safety issues and privacy ALLEN CITY COUNCIL § REGULAR SESSION MAY 2, 1996 PAGE 7 Tabled Item: Median Cuts for SH 5 Reconstruction (Agenda Item VH) NOTE: Due to a conflict of interest, Councilmember Bishop removed himself from the room. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Terrell, the Council voted five (5) for and one (1) opposed with Councilmember Kerr casting the negative vote to bring back on the table Agenda Item VII, Median Cuts for SH 5 Reconstruction. The motion carried. John Friebele, Engineer for Hunter Associates, Inc., reviewed with the Council a supplemental report regarding the SH 5 median access design This supplemental report was presented in response to comments during the public hearing held April 18, 1996. The first request for a full -median access at the veterinary clinic was reviewed. The engineer has proposed two (2) alternates which include a "hooded -median" opening and a full - median opening between the two (2) properties of the veterinary clinic and the vacant building. Although there was a misinterpretation from RCL, Inc. during the last pubic hearing, after that meeting additional correspondence was received from RCL requesting a northbound left -storage lane at High Trail Drive rather than at the car wash, the engineer has agreed to provide a northbound left -storage lane at the requested opening of High Trail Drive. Request by the First Methodist Church to provide access to be shared by the Presbyterian Church at the property line and to provide a median access at their north driveway were considered. It is the engineer's determination that the median access midway between the Presbyterian and the Methodist Churches would be a viable option. However, the median cut at the north driveway for the Methodist Church was not a viable option. A request for access to the dentist's office and adjacent 4.2 acre tract at the southeast corner of SH 5 and Exchange Parkway was considered but was not recommended by the engineer as part of his revised proposal for the SH 5 access design. The following citizens did not wish to speak before Council but did want to express their opposition to the revised SH 5 median access design as presented by John Friebele. Jerry Wilson, 1706 Clearbrook, Allen, Texas 75002; Laura Dowdey, 412 Allenwood Drive, Allen, Texas 75002; Rick and Theresa Beason, 402 Keith, Allen, Texas 75002; Ruth C. Dowdey, 412 Allenwood Drive, Allen, Texas 75002; Jackie Testoni, 317 Allenwood Drive, Allen, Texas 75002; Peter and Sherie Morgan, 417 Ellis Drive, Allen, Texas 75002; and Marjorie McMenamy, 406 Ellis Drive, Allen, Texas 75002 MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Thomas, the EliCouncil voted four (4) for and two (2) opposed with Councilmembers Kerr and Gallagher casting the negative votes, to accept the Hunter Associates, Inc. SH 5 median access design report with the following modifications ALLEN CITY COUNCIL REGULAR SESSION MAY 2, 1996 PAGE 8 (1) Provide a full median access to the veterinarian clinic with the understanding that mutual access will be provided for both the north and south properties as they are developed. (2) Reduce the northbound and southbound stacking lanes on the east and west side of SH 5 by the dentist's office and the 4.5 office retail to provide a full median cut into the dentist's office with the understanding that mutual access will be granted to the remaining office retail center as it is developed. The motion carried Unfortunately there may have been some miscommunication regarding SH 5 becoming a four -lane highway It is hoped that the new Council will look into effective screening and encroachment rights as SH 5 is developed. NOTE. Councilmember Bishop returned to the Council bench. Consider Recommendation of the Planning & Zoning Concession to Adopt Comprehensive Zoning Ordinance (Agenda Item VIII) Ajoint public hearing was held by the Allen City Council and Planning & Zoning Commission to receive comments regarding the proposal for adoption of an amended Zoning Ordinance for the City At that hearing, several comments were made and concerns raised by citizens, developers, City Council and Staff. As a result, Planning & Zoning Commission has revisited the amended Zoning Ordinance and is presenting information this evening to address all concerns. Ross Obermeyer, representative from the Planning & Zoning Commission, reviewed the concerns discussed at the joint public hearing in detail. He reviewed their decision to not address the amateur radio towers in residential districts. He also discussed the minimum landscaping areas for residential districts where a substantial change had been made. Another substantial change was regarding the Landscape Ordinance in the inclusion of undesirable trees, no exclusion for building pads for residential or commercial buildings, fence row tree discussion, and application for tree removal permit. Council discussed in detail various aspects of the ordinance itself, including the issue regarding heavy wood siding. It was recommended that the ordinance remain as presented. Jim Douglas, 2309 Avenue K, Suite 100, Plano, Texas 75074, spoke in opposition to the revised Comprehensive Zoning Ordinance. He asked Council to exclude the pad site and right-of-way from the tree ordinance. Doyle S. Stacy, 805 W Stacy Road, Allen, Texas 75013, spoke in opposition to the revised Comprehensive Zoning Ordinance. He questioned the permit process and its relation between homeowners and land owners and how the ordinance applies to each ALLEN CITY COUNCIL REGULAR SESSION MAY 2, 1996 PAGE 9 Dr. Ed Topfer, 307 Keith, Allen, Texas 75002, spoke in favor of the Comprehensive Zoning Ordinance, especially the landscape and tree ordinance. He also relayed thoughts of Eileen Tollett who is in favor of adoption of the tree preservation ordinance. Dr. Topfer indicated that government regulations are sometimes necessary to advocate the right thing to be done. Dr. Topfer is in support of the tree preservation ordinance as it will encourage quality development in the City of Allen. Ordinance No. 1425-5-%: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 829-11-87, Establishing and Providing for Zoning Regulations within the Corporate Limits of the City of Allen, Texas; Establishing Use Districts in Accordance with the Comprehensive Plan; Adopting the Official Zoning Map; Adopting Certain Illustrations; Providing Certain Special Provisions for Compliance; Containing Certain Definitions; Regulating the Use of Buildings and Land, their Height, Coverage, Sizes, Yards and Open Spaces; Specifying Standard Vehicle Parking, Off Street Loading, Landscaping, Lighting, Accessory Buildings, Home Occupations, Fences and op Walls, Minimum Access, and Performance; Defining the Authority of the Zoning Administrator, the Planning and Zoning Commission; Providing for Amendments; Providing for a Board of Adjustment and Appeals Process; Providing for Enforcement; Establishing a Schedule of Fees and Charges; Providing for a Penalty of Not More than Two Thousand Dollars ($2,000) for Each Violation Thereof, Providing a Validity Clause; Repealing all Conflicting Ordinances; Declaring an Emergency and Providing an Effective Date. MOTION: A motion was made by Councilmember Gallagher and seconded by Councilmember Kerr to approve Ordinance No. 1425-5-96 as previously captioned. No vote was taken on this motion. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve an amendment to Ordinance No. 1425-5-96 to remove "native" on page 3.80, Section F, last paragraph to read "only significantly sized desirable trees will be considered for tree credits." The motion carried. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Kerr, the Council voted two (2) for and five (5) opposed with Mayor Farmer, Mayor Pro Tem Nichols and Councibnembers Thomas, Terrell and Bishop casting the negative votes to approve an amendment to Ordinance No. 1425-5-96 as previously captioned with the noted changes to amend page 3.81, Section G, (7), sentence 5 — delete "not." "These trees shall be identified and removable of such will require replacement." The motion did not pass. ALLEN CITY COUNCIL REGULAR SESSION MAY 2, 1996 PAGE 10 MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Nichols, Council voted six (6) for and one (1) opposed with Councilmember Gallagher casting the negative vote, to amend Ordinance No. 1425-5-96 as previously captioned with the noted changes to amend page 3.81, Section G, (7), a rewrite would include "Removal of trees 6" caliper or larger is allowed where an alley has back-to-back residential lots and access is needed to one (O side of the area. These trees shall he identified and removal of such will not require replacement. All trees saved, 6" caliper and larger, shall be considered for tree credit purposes. " The motion carried. MOTION: A motion made by Councilmember Thomas to amend Ordinance No. 1425-5-96 as previously captioned with the noted changes to include that Section 7, A, (3) include an Item (4) to read "property owned by any governmental entities are not exempted from this ordinance." The motion died for lack of a second MOTION: Upon a motion made by Councilmember Terrell and a second by Mayor Pro Tem Nichols, the Council voted five (5) for and two (2) opposed with Councilmembers Kerr and Gallagher casting the negative votes to amend Ordinance No. 1425-5-96 as previously captioned with the noted changes to amend Section 7, A, (3) to eliminate the first sentence so that Item (3) would read "Residential streets are the responsibility of the developer." The motion carried. MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed to amend Ordinance No. 1425-5-96 as previously captioned with the noted changes to amend Section 7, G, (5) to state rather than "6" or greater" it should read " grade 1" or greater with Staff approval." The motion carried. MOTION: Upon a motion made by Councilmember Terrell and a second by Mayor Pro Tem Nichols, the Council voted six (6) for and one (1) opposed with Councilmember Thomas casting the negative vote to amend Ordinance No. 1425-5-96 as previously captioned with the noted changes to amend page 3.83, Section 9, B, (2) to read "Application for tree removal permit for property zoned agriculture -open space or agricultural exemption for taxation purposes " The motion carried. MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Bishop, the Council voted three (3) for and four (4) opposed with Mayor Farmer and Councilmembers Thomas, Kerr and Gallagher casting the negative votes, to amend Ordinance No. 1425-5-96 as previously captioned with the noted changes to exclude "pad sites for residential and commercial" in the tree preservation ordinance. The motion did not pass. MOTION: As previously moved, upon a motion made by Councilmember Gallagher and a second by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1425-5-96 m previously captioned and with the above mentioned amendments that passed. The motion carried. Council took a brief recess. E I L ALLEN CITY COUNCIL REGULAR SESSION MAY 2, 1996 PAGE 11 Consider a Resolution Addressing Issues Allowing Settlement of the ASAP Sewer Dispute Including: Approving the Settlement Agreement Authorizing Execution of Closing Documents and Making a Settlement Payment; and Authorizing Execution of an Assignment of the Easements and huprovements to the North Texas Municipal Water District (Agenda Item DQ City Manager Jon McCarty reviewed the background whereby the City of Allen entered into an agreement with the Allen Sewer Associates and Partners in 1985 to allow them to construct a sewer line up Rowlett Creek to serve their property and allow them to collect a portion of their costs from other property owners that could service into the sewer line. In 1989, the City Council adopted an ordinance imposing pro rata fees on property owners in the area and thereby created an asset for ASAP However, through various ownerships, the pro rata refunding agreement became separated from the ownership of the land and has created a dispute as to who was the rightful recipient of the pro rata refunding payments and lawsuits were filed. Through efforts of all parties involved, an agreement and settlement on this issue is being proposed. This line will eventually become a part of the North Texas Municipal Water District's regional sewer line and documents allowing that assignment are before the Council presently Resolution No. 1426-5-%(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving a Settlement Agreement between Allen Sewer Associates and Partners Joint Venture (11ASAP"), the City of Allen, Texas, Briar Ridge Investments, Inc. and Twin Creeks Golf Limited, Related to Ownership Rights to a Certain Sewer Line within the City of Allen and Settlement of Certain Lawsuits Attendant Thereto, Authorizing the Execution of Certain Documents Related Thereto. MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1426-5-96(R) as previously captioned. The motion carried. RMAM VA W-11=11 11K) M V01 (Agenda Item X) Finance Director Charlotte Smith reviewed rhe Quarterly Financial Report for the period ending March 31, 1996. This report was prepared for informational purposes only Quarterly Investment Report for Period Ended March 31. 1996 (Agenda Item RI) Finance Director Charlotte Smith reviewed with the Council the Quarterly Investment Report for period ended March 31, 1996. This report was for informational purposes only I C' 0 ALLEN CITY COUNCIL REGULAR SESSION MAY 2, 1996 Other Business Calendar May 29 7:00 p.m. May 30 6'00 p in. Items of Interest Budget Workshop Joint AISD/Council/Chamber There were no items of interest. 11t�.Y�_�fLl PAGE 12 (Agenda Item XID (Agenda Item XB -A) (Agenda Item XII -B) (Agenda Item XIII) In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at It 20 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to litigation — status of current police related lawsuits, settlement agreement on ASAP and personnel litigation. The Executive Session was adjourned at 12:02 a.m. I: � TIKT Gid':. r i , , [[ Sl.?c'3sx3? 1t1R7tTJ R;I2 Y'�f7i=L�7SCF.TRaMi IAI The Allen City Council reconvened into regular session at 12:03 a.m. on Friday, May 3, 1996, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. Adjourn (Agenda Item XV) MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:04 a.m. on Friday, May 3, 1996. The motion carried. These minutes approved on the 16th day of May , 1996. ATTEST: u J dy Mo on, CMC, CITY SECRETARY APPROVED: 01 ��/ tr: