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HomeMy WebLinkAboutMin - City Council - 1996 - 08/01 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 1, 1996 Kevin L. Lilly, Mayor Lonnie Thomas (absent) David Kerr, Mayor Pro Tem Doug Gallagher Dave Powysrynski Steve Terrell Melissa Owen �Jon McCarty, City Manager Judy Morrison, City Secretary 1 1 1, .IJ (JIM - 01111 "U With a quorum of the Councihnembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Lilly at 6:10 p.m. on Thursday, August 1, 1996, in the Lunch Room of the Allen Municipal Amex, One Butler Circle, Allen, Texas. (Agenda Item IJ) Collin County Commissioner -Elect Joe Jaynes updated the Council on redistricting plans for the west side of Allen. In accordance with present plans, Jack Hatchell would represent west Allen and Joe Jaynes would represent the east side of Allen. Council was informed that the new Mexican restaurant on FM 2170 and Allen Heights has decided to go forward with their building plans in the near future. An update was given on the Economic Development Corporation meeting held last week. Approximately eight cities to include Frisco, Wylie, McKinney, Allen, Lancaster, Duncanville, DeSoto and Cedar Hill are considering hiring a lobbyist to represent the needs of these cities during the next legislative session with regard El to the use of the 4A sales tax money ALLEN CITY COUNCIL WORKSHOP SESSION AUGUST 1, 1996 PAGE 2 In discussions with various representatives of the area, it seems a change in the law may not adversely affect the metroplex cities as anticipated but that larger cities may be able to use the hotel/motel tax in the same manner that the 4A tax is being used presently by midsize cities. Discussion was held regarding the possible need for a stop light on west -bound Bethany Drive at the service road of US 75 in the new future. A note was made that the public hearing on the budget will be held at 7:30 p.m. Discussion of Consent Agenda and Resinlar Agenda Items (Agenda Item III) Mayor Lilly began the review of the Consent Agenda items. Discussion was held regarding Agenda Item XIV, Authorize City Manager to Execute Contract for Engineering Services for Allen Station Park Roads and Vehicular Bridges. Discussion was held regarding the engineering for Allen Station Park and the possible use of the school district's engineers for this project. Discussion was held regarding Agenda Item X, Public Hearing and Consider Ordinance Amending the Comprehensive Zoning Ordinance Sections 2 09 - Site Plan Approval and Section 3.05 - Landscape and Tree Preservation. Council was informed of the Planning and Zoning Commission recommendation for language in the Tree Preservation Ordinance. Rick Zambino, a Certified Arborist consultant, will be at the meeting to answer any questions regarding characteristics of undesirable trees. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:02 p.m. on Thursday, August 1, 1996. Executive Session (Agenda Item IV) In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 7,05 p.m. in the Conference Room of the Allen Municipal Annex, One Butter Circle, Allen, Texas in order to discuss matters pertaining to contract changes on the "Woods" Park property and Parker annexation litigation. The Executive Session was recessed at 7:20 p.m. 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 Lilly at 7:33 p.m. on Thursday, August 1, 1996 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. I Page 3 (Agenda Item VI) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszymki, the Council voted sic (6) 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 July 18, 1996 Regular Meeting. B. Approve Minutes of the July 20, 1996 Special Called Joint Meeting of the City Council, AISD and Chamber of Commerce. C. Set Tuesday, August 20, 1996 for Public Hearing on the Fiscal Year 1996-97 City Budget. ALLEN CITY COUNCIL REGULAR MEETING Improvement AUGUST 1, 1996 CONSENT AGENDA Page 3 (Agenda Item VI) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszymki, the Council voted sic (6) 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 July 18, 1996 Regular Meeting. B. Approve Minutes of the July 20, 1996 Special Called Joint Meeting of the City Council, AISD and Chamber of Commerce. C. Set Tuesday, August 20, 1996 for Public Hearing on the Fiscal Year 1996-97 City Budget. D Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement Program as follows. 1. Integrated Computer Systems $51,709.00 For: Balance of Contract on Hardware & Software Training Provided to Date 1994 Bonds Period: July 11, 1996 2. Freese & Nichols $1,200.00 For: Plans & Specs for 16" Water Line along Exchange Pkwy Impact Fees Period: Services through 5/31/96 3. Alpha Testing, Inc. $235.00 For: Testing on Anna and Boyd Paving Project 1994 Street Bond Funds Period: July 15, 1996 4. Milstead Appraisal Company $1,000.00 For: Appraisal of 1 -acre Catherine Parsons Survey Abstract 711 Facility Agreement Watters Crossing Period: July 9, 1996 5. Cullum Construction Co., Inc. $7,515.60 For: Install Drainage for Allen Heights Project 1985 Existing Street Bond Funds Period: July 25, 1996 6. Commercial Indemnity Insurance Company $83,140.00 For: Construction on Fire Station N3 1994 Bonds Period: lune 25, 1996 to July 25, 1996 ALLEN CITY COUNCIL REGULAR MEETING AUGUST 1, 1996 Page 4 7 Tax Assessor Collector $25,748.13 For: Roll Back Taxes (Allen Station Park) 1994 Park Bonds Period: thru 1995 The motion carried. End of Consent Aeenda Council Committee Rept (Agenda Item VII) Services: No report Finance/Administration: Work Program Electric franchise contracts Compensation Plan CIP Status Report Development: 24" water line New legislation regarding small plats Signal light construction at Rrvercrest and SH 5 Mayor's: Current Council agenda Tree preservation amendments Work Program Visioning strategy in budget preparations Technology park monument design Upcoming legislation 's Comments (Agenda Item VIII) There were no citizen's comments ALLEN CITY COUNCIL REGULAR MEETING AUGUST 1, 1996 Page 5 Public Hearing on an Annexation Request on a 128.365± Acre Tract of Land Situated in the Simon Burns Survey, Abstract 92 of the Deed Records, County of Collin, Texas, More Commonly Known to be Located Immediately North of Bethany Road and West of Malone Road as Requested by Ann Moore Vigil and Linda Sue Moore (Agenda Item DI) City Secretary Judy Morrison advised that an application for annexation was received by the City on July 10, 1996 requesting approximately 128 acres of land in the Simon Bums Survey, north of Bandy and west of Bethany Drive to be considered for annexation. All required public notification has taken place in accordance with state law and a public hearing was held earlier in the day by Staff members Bill Petty, Director of Community Development, and City Secretary Judy Morrison. Minutes for that public hearing were made available for Council. Mayor Lilly read the request into the record as follows: "Public Hearing on an Annexation Request on a 128.365± Acre Tract of Land Situated in the Simon Bums Survey, Abstract 92 of the Deed Records, County of Collin, Texas, More Commonly Known to be Located Immediately North of Bethany Road and West of Malone Road as Requested by Ann Moore Vigil and Linda Sue Moore." Mayor Lilly 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 Lilly closed the public hearing. There was no action required of Council at this time. Public Hearing and Consider Ordinance Amending the Comprehensive Zoning Ordinance Sections 2.09 - Site Plan Approval and Section 3.05 - i, n ccagc and Tree Preservation (Agenda Item Jf) Bill Petty, Community Development Director, reviewed the direction of Staff and the recommendation of the Planning and Zoning Commission regarding the landscape and tree preservation ordinance. Mayor Lilly read the request into the record as follows: "Public Hearing and Consider Ordinance Amending the Comprehensive Zoning Ordinance Sections 2.09 - Site Plan Approval and Section 3.05 - Landscape and Tree Preservation." Mayor Lilly opened the public hearing and asked for anyone speaking either for or against the request to do so at this time �^ ALLEN CITY COUNCIL ■ REGULAR MEETING AUGUST 1, 19% Page 6 Fd Topfer, 307 Keith Drive, Allen, Texas 75002, encouraged the Council to adopt the recommendation of Planning and Zoning Commission as presented. With no one else speaking either for or against the request, Mayor Lilly closed the public hearing. The Planning and Zoning Commission felt that credits were not to be included as part of this ordinance. However, if credits UC to be given, certain criteria needs to be added as part of the ordinance designating certain stipulations with regard to those credits. For instance, certain credits may be given for "hardwoods" and less credits for "softwood" trees. Additional language may be necessary with regard to credits toward removal of trees as well as any landscaping credits. Concern was expressed regarding the loss of larger trees due to these credits. Some cities have a development policy to reduce credits as the tree becomes of a larger caliber. Only one-half to one-third of the preferred trees' landscaping requirements can be used for credit. Discussion was also held regarding the CBD (Central Business District) and certain landscaping requirements in the CBD. We need to encourage redevelopment but also work within this ordinance allowing for that redevelopment. Discussion was held about a possible over -lay district that would affect only the CBD Mike Williams, 2303 Forest Grove, Allen, Texas 75013, complimented the Council on the hard work that has taken place and felt like they really did have their "heart" in the right direction on this ordinance. However, it was a confusing ordinance to interpret and understand. Bill Petty, Community Development Director, introduced Rick Zambino with the American Society for Certified Arborists, a specialist in his field who lives in the City of Allen. After much discussion, the Council asked that this item go back to the Planning and Zoning Commission for specific direction and wording to include the following items, Include credit toward removal of trees Include credit toward landscaping requirement Consider over -lay district for the CBD Provide visual examples along with recommendations of application of tree credits Trees removed must be cleared in a timely manner Time frame for replacement of trees Method for adjusting tree credits when tree is determined to have been diseased after cutting Method of adding trees to the unprotected list MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to table this item and to request that Planning and Zoning bring it back to Council as soon as possible. The motion carried. Consider Amending Ordinance No. 1133-10-92, by Increasing the Charges for Emergency Ambulance Service (Agenda Item III) I ALLEN CITY COUNCIL REGULAR MEETING AUGUST 1, 1996 Page 7 Fire Chief Ron Gentry reviewed the present charges for emergency ambulance service by the City of Allen Due to mutual aid between Plano and Allen, it was felt that the rate should be comparable between the two cities. Mr. Gentry also indicated that collection rate prior to the contract with Met Group Collection Agency was 45 % whereas after the collection agency contract, we have enjoyed a 65% collection rate. Ordinance No. 1442-8-%: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Section 1 of Ordinance No. 1133-10-92 of the City of Allen, Texas; Approving and Adopting Ambulance Service Fees for Resident and Non -Resi- dent Users; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Powyszynski, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1442-8-96 as previously captioned and in accordance with Services Standing Committee recommendation. The motion carried. v.11 w (Agenda Item XII) Finance Director Charlotte Smith provided a quarterly investment report to the Council in accordance with n recent legislation. There was no action taken on this item. Review Ouarterly Financial Reoort (Agenda Item XIII) Finance Director Charlotte Smith reviewed the quarterly financial report ending June 30, 1996. The report indicated a fine financial status for the City of Allen. Council complimented the Finance Director, the City Manager and all of the department heads in their assistance in providing a good financial picture for the City Authorize City Manager to Execute Contract for Engineering Services for Allen Station Park Roads and Vehicular Bridees (Agenda Item XIV) Parks and Recreation Director Rhoda Savage reviewed the background of the Master Plan for Allen Station Park. One item not decided in the plan was the crossing of the creek in conjunction with the roadways. It was suggested that engineering of Allen Station Park roads would include the roadway alignment, locating crossings across various branches of Cottonwood Creek, and the forming of a consensus with Allen Independent School District's (AISD) engineer on the location of the crossing that would tie the two properties together. Part of the contract with Clark Condon Associates includes an engineering contract with Huitt-Zollars, Inc A moderate amount of the roads are included in Phase I. However, the additional engineering of the roads needed would be under a separate contract between the City and Huitt-Zollars, Inc. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to authorize the City Manager to enter into a contract with Huitt-Zollars, Inc. to provide engineering services associated with the Allen Station Park to include Cedar Road from Main Street to Exchange, the internal road system, the alignment ��� ALLEN CITY COUNCIL REGULAR MEETING AUGUST 1, 1996 Page 8 of the road system (to be added to the Clark Condon Associates contract), engineering for an 8" water line and a 12" sewer line, with a $204,000 cap on engineering fees and to set a total budget for the project for $2,316,664, with use of the interest earned monies on bond funds with the intention of repaying those funds with the 4B sales tax money The motion carried. Acknowledge Receipt of Proposed FY 1996-97 Budget (Agenda Item XV) (Agenda Item XV -A) Council acknowledged receipt of the proposed fiscal year 1996-97 budget. Staff was encouraged to prepare comments to the media regarding the City's budget Discussion was also held regarding the budget retreat programming. Review Boards and Commission Appointment Calendar (Agenda Item XV -B) City Secretary Judy Morrison reviewed the Board appointment schedule which would include a reception for candidates on September 5 and appointments to the Boards on September 19 Calendar August 9, 10, 11 Budget Retreat Items of Interest (Agenda Item XV -C) (Agenda Item XVI -D) City Secretary Judy Morrison remmded the Council of the Young Authors reception to be held on Tuesday, August 6, 1996 at the Allen Public Library Meeting Room. This will be a reception for middle school children and their parents and will include the Library Board and Friends of the Library Officers. City Secretary Judy Morrison requested preliminary plans of Councilmembers who are interested in attending the Texas Municipal League (TML) Convention to be held in Corpus Christi on November 13-16. Reconvene into Executive Session The Allen City Council reconvened into Executive Session at 11.30 p.m. on Thursday, August 1, 1996, m the Conference Room of the Allen Municipal Annex. Reconvene and Consider Action on Items Discussed Durine Executive Session (Agenda Item V) The Allen City Council reconvened into regular session at 12:30 a m. on Friday, August 2, 1996, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 1, 1996 Page 9 (Agenda Item XVI) MOTION: Upon a motion made by Councihnember Terrell and a second by Councilmember Gallagher, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:32 a.m. on Friday, August 2, 1996. The motion carried. These minutes approved on the 1515 h day of Augpst , 1996. ATTEST: Ju(W Morr19 n, CMC, CITY SECRETARY C APPROVED: