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HomeMy WebLinkAboutMin - City Council - 1997 - 03/20 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 20, 1997 Kevin L. Lilly, Mayor Lonnie Thomas David Kerr, Mayor Pro Tem Doug Gallagher Dave Powyszynski Steve Terrell Melissa Owen City Stats Ell Jon McCarty, City Manager Judy Morrison, City Secretary 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 6:12 p.m. on Thursday, March 20, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. (Agenda Item 11) The Finance/Administration Standing Committee is preparing to examine the tax office contract. The City Manager and Steve West met with Ken Mann, Collin County In Collector, to discuss the collection of City taxes by the county The cost would be substantially less than the current arrangement. The service provided by the school district in the past has been exceptional and investigation needs to take place prior to moving to the Collin County tax collection service. A meeting was held this week with FSI, Photronics and EDS to talk about problems associated with the traffic due to the opening of various businesses. A review of the findings was presented to the Council. It is anticipated a signal at the Bethany Frontage Road and US 75 would be installed approximately June 1998. This process will be worked and tried to be moved up in the schedule. A �+ ALLEN CITY COUNCIL WORKSHOP SESSION MARCH 20, 1997 PAGE 2 Council was informed that it is necessary that the City talk about the North Texas Municipal Water District (NTMWD) membership. Carl Riehn, Executive Director with North Texas Municipal Water District, feels it is timely and that we go forward to schedule items in relation to this project. On May 15 the Council will receive a recommendation from the Allen Economic Development Corporation with regard to hotel/motel tax use. The Council was informed of festivities surrounding the lune 28 fireworks celebration. The Mayor indicated he testified in a house committee meeting last Tuesday regarding economic development. He expressed support for the bill except for the reporting requirements. The committee seemed to indicate that since the State authorized the entity to collect that tax, then it has the right to know where those taxes are being spent. He did express and request that any reporting system fall into the City's fiscal year. He also requested that the Sunset Provision be added to the bill. The Mayor asked that a Council representative plan on attending a Texas Transportation Commission hearing in Austin on Thursday with a reception to be held on Wednesday evening. Councilmember Owen indicated her desire to attend. Various inquiries about the Joe Fanner Recreation exercise equipment were related to staff. Staff has been involved in a study to determine room usage prior to the purchase of this equipment. Council should see something in April or May after this information has been reviewed by the Park Board. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item Ilq Discussion was held regarding Agenda Item XRI, Tabled Item: Request to Amend Planned Development No. 31 by Increasing its Geographic Limits and to Establish Zoning of Community Facilities Uses on Tract 1-B, Local Retail on Tracts I -A and 2-A, and Single -Family (R-2) on Tract 2-B Located on a 22.783 Acre Tract of Land out of the Joab Butler Survey, Abstract No. 47, Alfred Slack Survey, Abstract No. 854, Joseph H. Wilcox Survey, Abstract No. 1017, City of Allen, Collin County, Tens; Further Described as Being Located Fast and West of Suncreek Boulevard and South of McDermott Drive, as Requested by Tatum Othel, LTC and North Texas Conference of United Methodist Church. There will be an amended request during the regular meeting this evening. Council requested an attorney's opinion regarding their ability to zone this property The attorney's opinion was that the Council does have the right to change zoning on property but it is better for the proponent to do so on his own. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 6:50 p.m. on Thursday, March 20, 1997 Executive Session (Agenda Item IV) _ 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 6:55 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas in order to discuss matters pertaining to Tabled Item: Consider Appointment to Library Board, Place No. 4, to Fill an Unexpired Term ALLEN CITY COUNCIL REGULAR SESSION MARCH 20, 1997 PAGE 3 Report of Attorney Regarding Litigation Personnel Evaluation and Agreement. 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 7.30 p.m. on Thursday, March 20, 1997 in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. CONSENT AGENDA (Agenda Item VD MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councihnember Gallagher, 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 March 4, 1997, Special Called Workshop, Solid Waste Collection Proposal. B. Approve Minutes of the March 6, 1997, Regular Meeting. C. Set April 17, 1997 as the Public Hearing Date on a Request to Establish Corridor Commercial Zoning on 23.315 Acres Located at the Southeast Comer of SH 121 and Custer Road. D. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement Program as follows: 1. Allen ISD (Allen Station Park) $896.55 For: One-half of Services Rendered by Lescher & Mahoney 1994 Park Bonds Period: thru January 17, 1997 2. Clark Condon Associates (Allen Station Park) $59,305.55 For Allen Station Park Basic Services 1994 Park Bonds Period: thin February 28, 1997 3. Clark Condon Associates (Allen Station Park) $5,381.25 For: Allen Station Park Additional Services 1994 Park Bonds Period: thin February 28, 1997 I ALLEN CITY COUNCIL REGULAR SESSION MARCH 20, 1997 4 GBW Engineers, Inc. (Fire Station No. 4) For: Plat and Construction Plans 1996 Bonds Period: February 1 - February 28, 1997 5. Evergreen Funding Corp (Asphalt Alley Replacement) For: Asphalt Alley Replacement 16-3 1994 Street Bonds Period: March 14, 1997 6. Harte Hanks Community (Bethany Drive - US 75 to BelAir) For: Advertising 1985 Street Bonds Period: February 1 and February 8, 1997 7 Harte Hanks Community (Ground Storage Tank at Stacy Rd.) For: Advertising Water Impact Fees Period through February 1 and February 8, 1997 8. Harte Hanks Community Newspaper, Inc. (Exchange Parkway - Waiters to Alma) For: Advertising for Project 1992 Street Bonds Period: through February 1 and February 8, 1997 9 Binkley & Barfield, Inc. (24" Water under US 75 and Bethany) For: Engineering for 12" and 24" Water Lines 1995 Water/Sewer Bonds Period: Services through March 6, 1997 The motion carried. .. 1 , �R��iH11-_. ,i Fire Station No. 4 Animal Shelter Canine (K-9) Program Internet Policy Joint Radio Communication System PAGE 4 $1,360.00 $26,618.40 $9976 $91 88 $9976 tit tt (Agenda Item VII) ALLEN CITY COUNCIL REGULAR SESSION MARCH 20, 1997 PAGE 5 Finance/Administration: Fixed Asset Program Allen Municipal Television Network Program Spring Planning Session Auditing process TCI Cable proposed increase Development: Realignment of FM 2551 Comprehensive Plan Survey Central Business District (CBD) Parking in the CBD Rivercrest traffic — survey of homeowners determine sign usage Mayor's: Current Council Agenda FM 2170 West Alma Right -of -Way (ROW) Drainage issues and Millennium Technical Park Spring Planning Session Citizen's Comments (Agenda Item VIII) Joe Farmer, 915 Pebblebrook, Allen, Texas 75002, expressed total confidence in all City departments and staff. Present Meritorious Conduct Award to Police Officer Johnny Thomason (Agenda Item IX) Police Chief Richard Carroll read the following to the audience: "As you recall, we recently had a call of a mobile home fire located at 310 E. Coats. On February 19 at 12:30 PM, Police Officer Johnny Thomason arrived at the scene first, to discover the majority of the mobile home engulfed in flames and a woman inside yelling for help from a window Johnny yelled for a neighbor to bring him a ladder while he made other attempts to free the woman. Johnny climbed the ladder and pulled the woman from the structure. She was uninjured from the rescue and the fire. This type of action by Officer Thomason is exemplary and involved a high degree of risk on his part as he was not trained as fire rescue personnel. Johnny placed himself in danger during the rescue and his actions are to be recognized by the City and should serve as an example for others As a result, Officer Johnny Thomason is awarded the Meritorious Conduct Bar and Certificate." ALLEN CITY COUNCIL REGULAR SESSION MARCH 20, 1997 PAGE 6 Officer Thomason was thanked for his service to the community Mayor Lilly thanked Officer Thomason's parents, children and family who were present for the award and indicated that this is not a rare incident in the City of Allen since every day officers put their lives on the line for the community Progress Report on the Community Facilities Committee by Joe Farmer (Agenda Item X) Joe Farmer, Committee Chair for the Community Facilities Committee, presented a progress report from the Facilities Study Committee. The priority ranked recommendations of alternatives in each objective area will be submitted independently Conversely, a composite recommendation inclusive of solution, location and funding method will not be submitted. At the request of the Needs/Solution Subcommittee leaders, the Committee reconfirms support for a fully centralized — as opposed to a minimally centralized — facilities solution. A standard design for ranking alternatives identified and evaluated in each objective area is being developed for use by the seven -member Facilities Study Committee in preparing recommendations to the City Council NOTE: Mayor Pro Tem Kerr resumed the conduct of the meeting since Mayor Lilly could no longer speak due to laryngitis. Progress Report on Construction of FM 2170 West (Agenda Item XI) George Conner, Public Works Director, presented a progress report on construction of FM 2170 West. He indicated that FM 2170 East funds have been allocated to construction funds for FM 2170 West. He also indicated that a request has been made to the State to take FM 2170 West "off' the State system. Approximately 40 parcels of land are involved in right-of-way (ROW) discussions. Only four (4) parcels remain to be settled — two (2) of those possibly next week with two (2) more in the next few weeks. There are two (2) power companies involved with utility relocations and various other utilities will be using those poles including TCI. Lone Star Gas intends to complete their project by lune 15. Southwestern Bell will have underground conduit from US 75 to Custer by approximately August 1 Denton County Electric intends to move the poles by the end of May TU Electric will be complete by June 15. It is intended that bids will be opened for construction of FM 2170 West on August 1. Staff was requested to consider funding through facilities agreements for buried utilities along the roadway Various utility representatives were present this everting for the discussion regarding construction of FM 2170 West: Lone Star Gas — Shelton Cook, Gene Alderson and Pat Leadbetter Southwestern Bell — Jerry Morrison TU Electric — Charlie Lowe, Joe Bilbo Denton County Electric — Michael Lauer Tabled Item: Consider Appointment to Library Board. Place No. 4. to Fill and Unexpired Term (Agenda Item XII) ALLEN CITY COUNCIL REGULAR SESSION MARCH 20, 1997 PAGE 7 MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to remove Agenda Item XII, Tabled Item: Consider Appointment to Library Board, Place No. 4, to Fill an Unexpired Term, from the Table. The motion carried. The Boards and Commission Interview Committee placed the following name in nomination for the specific place on the following board: Place No 4 — Rhonda Page Grigg The term will expire September 30, 1998. MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Powyszymki, the Council voted seven (7) for and none (0) opposed that the nominations cease and that the individual previously nominated he appointed by acclamation to the designated place on the Library Board. The motion carried. Tabled Item: Request to Amend planned Development No. 31 by Increasing its Geographic Limits and to Establish Zoning of Community Facilities Uses on Tract 1-B, Local Retail on Tracts 1-A and 2-A, and Single -Family (R-2) on Tract 2-B Located on a 22.783 Acre Tract of Land out of the Joab Butler Survey, Abstract No. 47, Alfred Slack Survey, Abstract No. 854, Joseph H. Wilcox Survey, Abstract No. 1017, City of Allen, Collin County, Texas; further Described as Being Located East and West of Su Lemic Boulevard and South of McDermott Drive, as Requested by Tatum Othel. LTC and North Texas Conference of United Methodist Church (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Powyszynski, the Council voted seven (7) for and none (0) opposed to remove Agenda Item XIII, Tabled Item: Request to Amend Planned Development No. 31 by Increasing its Geographic Limits and to Establish Zoning of Community Facilities Uses on Tract 1-B, Local Retail on Tracts 1-A and 2-A, and Single -Family (R-2) on Tract 2-11 Located on a 22.783 Acre Tract of Land out of the Joab Butler Survey, Abstract No 47, Alfred Slack Survey, Abstract No. 854, Joseph H. Wilcox Survey, Abstract No. 1017, City of Allen, Collin County, Texas; further Described as Being Located East and West of Suncreek Boulevard and South of McDermott Drive, as Requested by Tatum Othel, LTC and North Texas Conference of United Methodist Church, from the table. The motion carried. Bill Petty, Director of Community Development, reviewed an updated land use plan showing the southwest corner of McDermott and Suncreek Boulevard to be composed entirely of community facilities in Planned Development (PD) No 31. ALLEN CITY COUNCIL REGULAR SESSION MARCH 20, 1997 PAGE 8 MOTION: Upon a motion made by Mayor Lilly and a second by Councihnember Owen, the Council voted seven (7) for and none (0) opposed to confirm and approve the Planning and Zoning Commission recommendation as amended by request from Tatum Othel, LTC and North Texas Conference of United Methodist Church, Allen, Texas. The motion carried. Public Hearing to Establish Planned Development Zoning on 5.23 Acres of Land with Single Family Residential Uses on a 5.23 -Acre Tract of Land Located in the George W. Ford Survey, Abstract No. 328, Situated in the City of Allen, Collin County, Texas; Further Described as Being Located at the Southwest Comer of S. Allen Heights Drive and Park Place as Requested by Horri Investment Corooratlon and Peyman Horri (Agenda Item XIV) Bill Petty, Director of Community Development, reviewed the request for public hearing on property located on the southeast comer of Park Place and Allen Heights Drive. The maximum density of 20 lots is being proposed with 3.8 dwelling units per acre. A traffic study requirement was waived due to the traffic generated by this development is less than 1,000 trips per day After discussions of various open space and density options, the consensus of the Planning and Zoning Commission was that the open space should be provided along Allen Heights Drive using a 20' landscape strip with berms, trees and irrigation and maintenance by a private homeowner's !J association. Planning and Zoning Commission findings are as follows: 1. The use is compatible with surrounding uses. 2. The request, as amended, meets the open space requirements of the planned development ordinance. 3. Consideration was given to the dedication of the right-of-way (ROW) for Allen Heights through allowance of density 4. Lot sizes are larger or consistent with adjacent uses. 5. The front entry type of development will be attractive at this location. 6. The development will greatly improve the aesthetics of this area. 7 The open space along Allen Heights Drive will complement the Shadow Lakes development and Bethany Lakes Park. Peyman Horri, 3883 Turtle Creek Boulevard, #2110, Dallas, Texas, distributed information regarding the proposed development. He indicated a landscape barrier will also be placed at the south property line. A question was raised regarding the width of the street which is our normal street width and the tum -around for fire apparatus. The tum -around for fire apparatus is adequate as designed. The proponent is also aware of various drainage issues which will be addressed in the future. Mayor Pro Tem Kerr read the request into the record as follows: "Public Hearing to Establish Planned Development Zoning on 5.23 Acres of Land with Single Family Residential Uses on a 5.23 -Acre Tract of Land Located in the George W Ford Survey, Abstract No. 328, Situated in the City of Allen, Collin ALLEN CITY COUNCIL REGULAR SESSION MARCH 20, 1997 PAGE 9 County, Texas; Further Described as Being Located at the Southwest Comer of S. Allen Heights Drive and Park Place as Requested by Horri Investment Corporation and Peyman Horri." Mayor Pro Tem Kerr 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 Pro Tem Kerr closed the public hearing. The proponent was asked to consider the placement of homes in consideration of the trees located on the property Discussion was also held with regard to the open space which is of value to the residents whereas this open space seems to be more of a buffer to the roadway MOTION: Upon a motion made by Councilmember Powyszynskt and a second by Councihnember Gallagher, the Council voted seven (7) for and none (0) opposed to confirm the Planning and Zoning Commission recommendation by request from Horri Investment Corporation and Peyman Horri to establish planned development zoning on 5.23 acres of land with single family residential uses. The motion carried. Other Business (Agenda Item XV) Legislative Report (Agenda Item XV -A) Open meetings for staff reports Conducting official business with a quorum of the Council Allen Station Park Budget Update (Agenda Item XV -B) City Manager Ion McCarty reviewed Phase I construction document cost estimates as prepared by Clark Condon and Associates on March 17, 1997 for Allen Station Park. Allen Station Park Land Purchase & Phase I Construction Expenditures Land Purchase $1,332,500 Phase I Construction 4,372,820 Street Construction (Cedar from Main to Exchange and Park Road from Cedar to just east of the bridge) 2 5 TOTAL COST $8,267,933 A ALLEN CITY COUNCIL REGULAR SESSION MARCH 20, 1997 Available Fun s 1994 Bonds $2,195,392 1996 Bonds 2,269,735 (All bonds include interest earned) Grant 5[1(1.0[x1 Total funds "on hand" $4,965,127 Other Funding Sources ACDC (Allen Community Development $1,000,000 Corporation) ACDC (requested, but not yet approved) 2.300.000 Total other funds $3.300.000 TOTAL RESOURCES $8,265,127 PAGE 10 Council will be asked to decide on the width of the roadway — whether it be a 27' or a 31' roadway Council will also be asked to approve the specifications and authorize bids on the park and to approve the budget. It will also be asked to give direction to the Allen Community Development Corporation (ACDC) on additional funding expectations for the park for a total $2.3 million. The traffic and impact analysis will be available for Council's review at its next meeting. Concern was expressed regarding lack of pedestrian sidewalks parallel to Cedar Drive initially Eventually, the hike -and -bice trails will be available throughout the park. Council would like to see an overview of the entire project of what is being proposed. It was suggested a workshop to discuss Allen Station Park be set up for Monday, March 31, at 7:00 p.m. at which time the members of ACDC and CASPER (City and School Planning for Education and Recreation) would be invited to attend. Calendar (Agenda Item XV -C) March 31 7:00 P.M. Workshop on Allen Station Park April 5 Allen Trash -Off April 8 7:00 p.m. Triad (City/AISD/Chamber) meeting - Experian April 24 Joint Council/AISD meeting Items of Interest (Agenda Item XV -D) There were no items of interest. ALLEN CITY COUNCIL REGULAR SESSION MARCH 20, 1997 PAGE 11 The regular Council meeting was recessed at 10:02 p.m. and Council reconvened into Executive Session at 10 15 p.m. on Thursday, March 20, 1997 in the Conference Room of the Allen Public Library Reconvene and Consider Action on Items Dinussed During Executive Session (Agenda Item V) The Allen City Council reconvened into regular session at 12:25 a.m. on Friday, March 20, 1997, in the Council Chambers of the Allen Public Library The Board and Commission Interview Committee placed the name of Rhonda Page Grigg on the slate of nominations for Library Board, Place No 4, with the term expiring on September 30, 1998 (Agenda Item XVI) MOTION: Upon a motion made by Councihnember Gallagher and a second by Councilmember Thomas, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:27 a.m. on Friday, March 21, 1997 The motion carried. These minutes approved on the 3rd day of April , 1997 I ATTEST: Judy Mo n, CMC, CITY SECRETARY I APPROVED: H� Kevin L. iuy, MAYO