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HomeMy WebLinkAboutMin - City Council - 1997 - 07/17 - RegularALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Dave Powyszymki Kenneth Folk Melissa Owen City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:12 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 Terrell at 6'12 p.m. on Thursday, July 17, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Open Council Discussion (Agenda Item In Finalization has not yet taken place on the Anderson School access. An update will be given by the City Manager as additional information and details become known. A report was given on a meeting held in Sherman regarding the Collin County hail Line. If the tracks are taken up, the land goes back to the adjoining land owners. Several rail companies are interested in retaining this line. County officials would like the cities in the area to pass a resolution to support a company that now runs the Tarantula Train out of Fort Worth. When Photronics moved to Allen, they had some electrical requirements and did everything TU Electric recommended to have an uninterrupted power source. However, several times this year, Photronoics has lost power due to switching problems between the Allen and Plano station. TU Electric has committed to fixing these problems by bringing another supply under US 75 at McDermott. In about six months, all four circuits will be under US 75. The circuit affecting Photronics should be completed within 30 days. ■■�li, A meeting was held with the members of the North Texas Municipal Water District Board, several Councilmembers and the City Manager. The purpose of the meeting was to discuss Allen becoming a member of the North Texas Municipal Water District One of the concerns of the Board is that the membership of the ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE 2 Board might become too large to continue to do business in a proper manner. We expect to begin the process for the membership election shortly The time frame for the entire process looks to be approximately nine months. The Cities of Allen and McKinney have reached an impass on the intersection of Exchange and SH 121. Allen has had a thoroughfare plan showing the location of this intersection for several years whereas McKinney has not had such a plan. The on- and off -ramps will not work for other intersections such as Alma if the intersection is moved to the east. It is hoped that McKinney and Allen will agree to define a process to get over this impass during the meeting scheduled with Collin County officials, Mayors and City Managers to be held next week. An update was given on FM 2170 Fast. A visual report was given by the Parks Director on the progress of Allen Station Park. The Planning and Zoning Commission/Council Joint Workshop will be held on September 6 beginning at 8 00 a.m in the Library A report was given on continuing economic development projects. Discussion of Consent Agenda (Agenda Item III) and Reeular Aeenda Items Discussion was held regarding tattoo studio as a new and unlisted use. Planning and Zoning Commission has reviewed this item and is recommending a new and unlisted use to be in the general business district and in Planned Development with approval of a Specific Use Permit. Executive Session (Agenda Item IV) Council did not convene into Executive Session. The Work Shop was recessed at 7 15 p.m. REGULAR SESSION - 7:35 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7.35 p.m. on Thursday, July 17, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. (Agenda Item VI) �"" MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszynski, ■, 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 July 3, 1997, Regular Meeting. II ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE 3 B. Approve a Resolution Establishing a Tattoo Studio as a New and Unlisted Use and Specifying Zoning Districts Resolution No. 1512-7-97(R): A Resolution of the City of Allen, Collin County, Texas, Finding That a Tattoo Studio is a New and Unlisted Use; Establishing Definitions; and Declaring the Appropriate Districts for Such Use. C. Approve a Resolution to Donate a Parcel of Land to the State of Texas as Right -of -Way for SH 5. Resolution No. 1513-7-97(R): A Resolution of the City of Allen, Collin County, Texas, Donating a Parcel of Land to the State of Texas as Right of Way for the State Highway 5 Project. D Accept Resignation from Ms. Sherry Johnson, Place No. 3, of the Keep Allen Beautiful Board and Declare a Vacancy E. Set August 7, 1997, as Public Hearing Date on a Request to Allow a Specific Use Permit with Site Plan Approval on a 4.3 Acre Tract of Land Located on C.R. 196 between Stacy Road and SH 121. F Tax Report G. Approve Bills Associated with the 1985 and 1994 Capital Improvement Program 1. Rey Bach, Inc. (Station N4) $48,160.00 For: Construction Funding Source: 1996 Bonds Period: June 1 to June 24, 1997 2. Blair Graphics (Allen Station Park) $167.24 For: Reproduction of Specs for Allen Station Park Project Funding Source: 1994 Park Bonds Period: thin July 15, 1997 3. Huitt-Zollars (Cedar Drive) $14,961.08 For: Design Phase Funding Source: 1994 Park Bonds (Interest Famed) Period: thin lune 30, 1997 4. Clark Condon Associates (Allen Station Park) $302.37 For: Allen Station Park Basic Services Funding Source: 1994 Park Bonds Period thin June 30, 1997 ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE 4 The motion carried. End of Consent Aeenda L 5. Alpha Testing, Inc. (Station #4) $387.50 For Contingencies Funding Source: 1996 Bonds Period: June 15, 1997 6. Advance Tank & Construction $167,13448 (Ground Storage Tank at Stacy Road) For: Construction Costs for Project Funding Source: Water Impact Fees Period: June 1 - June 30, 1997 7 Binkley and Barfield, Inc. (Bethany Drive/Watters to Alma) $500.00 For: Construction Phase Services Funding Source: 1985 Street Bonds Period: thou July 3, 1997 8. Harte Hanks Community Newspaper $10238 (Drainage Improvement Allenwood Area) For: Advertising for Allenwood Keith Drive Funding Source: 1994 Street/Drainage Bonds Period: Services thou June 21 and June 28, 1997 9 Blair Graphics (Drainage Improvement Allenwood Area) $73.05 For, Printing for Allenwood Keith Drive Funding Source: 1994 Street/Drainage Bonds Period: Services thru lune 27, 1997 10. Harte Hanks Community Newspaper (FM 2170/US 75 to Custer Road) $47.25 For: Advertisement Funding Source: Facility Agreement Watters Crossing Period: lune 7, 1997 11. Black & Veatch $760.00 (Pump Station and Ground Storage/NW Quadrant of City) For: Engineering for Preliminary Site for Water Supply Facility Funding Source: Water Impact Fees Operating Check Period: Services thru lune 27. 1997 The motion carried. End of Consent Aeenda L ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE 5 Council Committee Reports (Agenda Item VID Services: • Update on Fire Station N4 • New Radio Communication System/Allen and Frisco • 30' Anniversary Celebration on October 14 • Parenting Library Donation • Gun Range Information Finance/Administration: • No Report. Development: • Comprehensive Plan Survey Analysis • Storm Sewer Project in Allenwood Storm Sewer Project in Mustang Creek • Donate Land to TXDOT • Contract Between Hamilton Family and City • Review Work Program Mayor's Committee: • Review Current Council Agenda Citizen's Comments (Agenda Item VIE) Mr. Dean Hull, 1414 Quail Run Drive, Allen, Texas, spoke before the Council in opposition and dissatisfaction with the $6.9 million bond program. He expressed support for a new city hall, however was in opposition to the amount of money set for the bond election. He also is concerned about the additional money for land Council indicated that it feels confident with the responsible package that is going forward to the citizens on the bond election. Public Hearing to Establish Shopping Center Zoning (Agenda Item UK) for a 13.696 Acre Tract of Land Located at the Southwest Comer of McDermott Drive and Watters Road m Requested by C. E. Stewart Community Development Director Bill Petty informed the Council that the request for shopping center zoning is located at the southwest corner of McDermott Drive and the proposed extension of Watters Road. All necessary right-of-way has been acquired. The property is surrounded on all four sides by commercial and/or office zoning districts. ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE 6 C E. Stewart, 17290 Preston Road, Dallas, Texas, reviewed his request for the Council. A traffic impact analysis has been completed and shows minor impact on traffic in the area providing an acceptable level of service. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. There being none, Mayor Terrell closed the public hearing. A four-way stop sign is being considered at the intersection of Waiters Road and McDermott Drive. Eventually, a signal may be installed at that location. The Council discussed the right-of-way for Watters Road. Should Watters Road be improved prior to the development of this property, the proponent was agreeable to provide the right-of-way for the improved Watters Road if that is necessary prior to the time of platting MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Powyszynski, the Council voted seven (7) for and none (0) opposed to confirm the Planning and Zoning Commission's recommendation to establish shopping center zoning for a 13.669 acre tract of land located at the southwest corner of McDermott Drive and Watters Road. The motion carried. Public Hearing to Consider Annexation of a 67.10 (Agenda Item X) Acre Tract of Land Located Immediately North of Bethany Drive and West of FM 2551, as Requested by Ben L. Martin City Secretary Judy Morrison informed the Council an annexation request was received from Ben L. Martin on June 16. The property in question is in the Allen Exterritorial Jurisdiction and can be legally annexed by the City of Allen. The first public hearing had been held at 1:00 p in. July 17 by Staff. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. There being none, Mayor Terrell closed the public hearing. This property is within the planning jurisdiction of the City of Allen and will be offered the standard service plan with soft services and hard services according to State law There was no additional action taken on this item at this time. Council took a brief recess. ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE Consider Recommendation of Planning and Zoning (Agenda Item XI) Commission for Zoning on 25 Acres of Land Located North of Hedgcoxe and West of Custer Road Community Development Director Bill Petty reviewed the recommendation of the Planning and Zoning Commission and subsequent reduction of eight units relative to the zoning request for Custer Hills expansion On July 3, 1997, the Allen City Council took action to direct the Planning and Zoning Commission to review this request for permanent zoning and return to Council with a recommendation. Mr. Pat Atkins representing L.L.C. reviewed the request and the need for the Plano Independent School District to begin its school site immediately Feasibility to develop the salvage yard is not positive at the present time. Discussion was held regarding the reduction of lots and its correlation with the sale of the school site. MOTION: A motion was made by Councilmember Thomas to approve the request for zoning with the reduction of units by eight in accordance with the Planning and Zoning Commission recommendation. The motion failed for lack of a second. Council felt that it needs to be more specific when it sends something to the Planning and Zoning Commission so that the Commission understands exactly what needs to be done. Everyone needs to know what the rules of the game are, including the proponent and Staff MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Gallagher, the Council voted three (4) for and three (3) opposed with Mayor Pro Tem Kerr, Councilmembers Owen and Folk casting the negative votes to approve the request for zoning with the reduction of units by eight in accordance with the Planning and Zoning Commission recommendation. The motion carried. Authorize Execution of a Contract for Consulting (Agenda Item XII) Services for a Land Utilization Plan for "The Woods" of Suncreek City Manager Jon McCarty indicated that the City had received five responses to the request for proposals for Planning Services for the 76.6 acres of wooded land located along Rowlett Creek. This land was acquired in 1996 through park dedication, flood plain dedication and purchase. This study will take into consideration the diverse mix of public lands owed by the City of Plano and privately owned Connemara. Grant opportunities also exist on this project. Based upon the combination of the written proposals and oral presentations, a committee, composing of Staff members, Services Standing Committee members and Parks and Recreation Board members, selected two firms to be considered. The intent of selecting two firms is to allow the City Manager to begin negotiations with the most qualified firm. Should the final negotiated price exceed the budgeted amount, the City Manager will then have the opportunity to cease negotiations with that firm and begin negotiations with the second firm. ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE 8 The committees first selection is Halff Associations, based upon the following: • Their prior experience with the City of Allen; • Linear Greenbelt Creek Study, • Clear understanding of the scope of the project; • Only firm to mention the large wooded area; • Understand the relationships that exist between Mrs. Williams, Mrs. McDermott, Connemara and the City of Plano, and • No sub -consultant. The second selection is David C. Baldwin, based upon the following • The creativity displayed by the firm; • Prior experience with the City of Allen; • Neighborhood park projects; and • Their partnership with EDAW - experience with many similar greenbelt projects. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to negotiate and execute a contract with the previously noted firms with a cost for the study to be between $20.000 and $30,000, with funding coming from excess general fund revenues in accordance with Service Subcommittee's recommendation. The motion carried Authorize Negotiation and Execution of a Contract (Agenda Item XIII) to Purchase Right -of -Way for the Extension of Alma Road Public Works Director George Conner informed the Council that Allen Central has asked the City of Allen to join them in purchasing the right-of-way for the east half of Alma Road between Watters Crossing and Tatum Road, across the Hamilton family property Each entity would pay $52,500 for their half of the right- of-way, and Allen Central would deed their half to the City Council suggested that the Planning and Zoning Commission look at the vehicle by which the City of Allen may assess the cost of roadways after a roadway is built. MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Powyszynski, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to negotiate and execute a contract with the Hamilton family for half of the right-of-way for the east half of Alma across the Hamilton property at a cost of $52,500 and set a construction budget of the two lanes at $400,000. The motion carried. Approve Specifications, Project Budget and (Agenda Item XtV) Authorize Solicitation of Bids for Storm Sewer Project in the Allenwood Area ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE 9 Public Works Director George Conner reviewed with the Council that high water occurs at the intersection of Ellis and Allenwood during storm events. The pipe installed several years ago needs to be extended North on Cedar to Allenwood, then West on Allenwood to Ellis. There is also a concern that water in the creek between Watson and Keith cannot get to the culverts under Keith as fast as needed. If an easement can be obtained across this property, the City can maintain the creek depth and width. MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to approve the plans and specifications and direct Staff to proceed with bids setting a budget of $150,000 to include $120,000 for the Ellis and Allenwood area plus a $30,000 contingency to deal with the creek project. The motion carried. Approve Specifications, Project Budget and (Agenda Item XV) Authorize Solicitation of Bids for Storm Sewer Project in the Mustang Creek Area North of Main Street Public Works Director George Conner indicated that the City has homes that are shown in the FEMA 100.year flood plain in Fountain Park 7 The foundation of the homes are out of the flood plain, but some of th the yard area is in e flood plain. The area is overgrown with cattails and small willow trees and there are complaints of mosquitoes and snakes. This project will straighten out the creek, build a concrete pilot channel and remove the lots from the 100 -year flood plain. A hike and bike trail is also provided from Main to Timbercreek. Once this project is completed, a request by our engineers will be made for FEMA to produce a revised 100 -year flood plain map. Following is a budget for this project: Construction $200,000 Hike & Bike Trail 50.000 Total Construction $250,000 Engineering 27,500 Contingency 22,5 Total Budget $300,000 MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to sign a contract with Graham Associates for engineering services to not exceed $27,500 and to adjust the budget to $300,000 for the project. The motion carried. Third and Final Reading of Ordinance Extending (Agenda Item XVI) the Present Franchise Agreement for Local Telephone Service with Southwestern Bell Telephone Company I I E ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE 10 The proposed ordinance extends the term from the current expiration date of June 30, 1997, through June 30, 1999, with Southwestern Bell. It also provides that the franchise will continue with one-year extensions unless either the City or phone company notify the other that they want to terminate the deal at least 90 -days before the expiration date. Ordinance No. 1506-6-97: An Ordinance of the City of Allen, Texas, Amending Ordinance No. 1115-6-92 to Amend Section 4 Term to Extend the City Franchise with Southwestern Bell Telephone Company for One Year; and by Amending Section 16 to Add Certain Termination Rights; Providing a Severability Clause; Providing a Repealing Clause; Providing for Written Acceptance of this Ordinance by the Telephone Company; and Providing for an Effective Date. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszymki, the Council voted seven (7) for and none (0) opposed to accept the third and final reading and adopt Ordinance No 1506-6-97 as previously captioned. The motion carried. Other Business: A. Calendar Budget Retreat Public Hearing for Budget Council/Planning and Zoning Commission Joint Workshop (Agenda Item XVII) 10:00 a.m. August 15 - 17 730 p.m. August 19 8:00 a.m. September 6 B. Calendar for Appointments to Boards and Commission City Secretary Judy Morrison reviewed the appointment calendar for boards and commission Fall appointments. The Interview Committee will consist of Councihnembers Thomas and Fulk and they will be presenting information with regard to a new format for board appointments. MOTION: Upon a motion made by Councilmember Owen and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to appoint Beverly Wonham to the Keep Allen Beautiful Board, Place No. 3. The motion carried Items of Interest The agenda will be set for the Planning and Zoning Commission/Council Joint Workshop by the Mayor's Committee and two members of the Planning and Zoning Commission next week. ALLEN CITY COUNCIL REGULAR MEETING JULY 17, 1997 PAGE 11 Reconvene and Consider Action on Items Discussed Durine Executive Session (Agenda Item V) No action was taken. Adjourn (Agenda Item XVIII) MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Powyszynski, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:42 p.m. on Thursday, July 17, 1997 The motion carried. These minutes approved on the 7th day of Aueust , 1997 ATTEST: JmJVMorrifidn, CNIC, CITY SECRETARY I APPROVED: Stephen Terrell, MAYOR