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Home My WebLink AboutMin - City Council - 1998 - 05/07 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Dave Powyszynski (absent) Susan Bartlemay Kenneth Fulk Melissa Owen City Staff: Michael Stanger, Acting City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:20 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 6:20 p.m. on Thursday, May 7, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Staff or Proponent Presentations (Agenda Item ID A. Future Agenda Items • Bradley Property Zoning • 16 -Acre Ridgemont Property Council reviewed the status of the 16 -acre tract of property at the southern border of Allen. • Acting City Manager Michael Stanger reviewed with the Council the formula and guidelines for departments during budget development for FY 1998-99 Staff will continue using the current strategic plan along with the dmg-free community issue • Council was informed of the need for an additional inspector. • The northeast comer of Bethany will be coming forward with a Hilton garden hotel complex. ■ B. Current Agenda Issues • There were no current agenda issues discussed. ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 C. Items of Interest PAGE 2 • Millipore will have a ribbon cutting ceremony in the next few months with Governor Bush in attendance. • Council was given a book 'Boards that make a Difference" in preparation for the Visioning Workshop. Council questioned the appropriateness of the process with the City Manager vacancy Council decided to go ahead with the workshop. • The Economic Development Corporation Marketing Director was introduced to the Council. Open Council Discussions (Agenda Item III) There were no items discussed. The Workshop Session was recessed at 7:00 p.m. REGULAR MEETING - 7:38 P.M. With a quorum of the Councihnembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7:38 p.m. on Thursday, May 7, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Consider All Matters Incident and Related to the (Agenda Item VI) General Election A. Canvass of Election Returns. City Secretary Judy Morrison reviewed for the City Council the election returns for the City Council General Election of the Mayor and Councilmembers Place Nos 2, 4 and 6. She reviewed hand-out materials that were distributed including recent voting history, early voting accumulated totals, and Election Day accumulated totals and the combined Election Day and early voting totals. She also reviewed voting statistics including the number of registered voters, 18,200, which indicated a 9.5% voter turnout. The precinct totals verified the following results: EARLY VOTES REGULAR VOTES TOTAL VOTES CAST CAST CAST MAYOR'S PLACE Steve Terrell 582 736 1,318 COUNCILMEMBER - PLACE NO. 2 David Ken- 577 718 1,295 I ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 PAGE 3 EARLY VOTES REGULAR VOTES TOTAL VOTES CAST CAST CAST COUNCH,MEMBER - PLACE NO. 4 Dave Powyszynski 293 360 653 Susan Banlemay 427 532 959 COUNCILMEMBER - PLACE NO. 6 Melissa Owen 493 638 1,131 Fritz Dietrich 226 244 470 B. Adoption of a Resolution Declaring the Results of the General Election. The proposed resolution shows total votes cast in the election being 1,743 with the following individuals being declared to receive the highest number of votes and being declared as the 'official elected" Councilmembers with terms of office to expire May 2000. Mayor — Steve Terrell Place No. 2 — David Ken Place No. 4 — Susan Banlemay Place No. 6 — Melissa Owen Resolution No. 1599.5-98(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Declaring the Results of the General Election of the Allen City Council Held on May 2, 1998. MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Fulk, the Council voted five (5) for and none (0) opposed with Mayor Pro Tem Kerr not present, to approve Resolution No 1599-5-98(R) as previously captioned. The motion carried. C. Administration of Oaths -of -Office and Presentation of Certificates -of -Election. City Secretary Judy Morrison administered the Oath -of -Office to re-elected Mayor Stephen Terrell and presented his Certificate -of -Election. City Secretary Judy Morrison offered her congratulations to the re-elected Mayor. City Secretary Judy Morrison administered the Oaths -of -Office to re-elected Councilmember David Kerr, Place No. 2, Councilmember Melissa Owen, Place No. 6, and newly elected Councilmember Susan Banlemay, Place No. 4 Mayor Terrell presented the Certificates -of - Election to Councilmembers Kerr, Banlemay and Owen and offered congratulations to those individuals. At this time, Councilmember Bartlemay stepped up to the Council Bench. ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 D. Election of Mayor Pro Tem. PAGE 4 The Allen City Council is authorized by the City Charter to elect from among themselves a Mayor Pro Tem at the first meeting following the election. Councilmember Gallagher nominated Councilmember Kerr as Mayor Pro Tem for the Allen City Council With no other nominations from the Boor, a motion was made MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed that nominations cease and that David Kerr be elected by acclamation to the designated place of Mayor Pro Tem on the Allen City Council. The motion carried. CONSENT AGENDA (Agenda Item VII) MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed with Mayor Pro Tem Kerr not present, to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve Minutes of the April 16, 1998, Regular Meeting. B. Approve Minutes of the April 27, 1998, City Council/AISD Board of Trustees/Allen Chamber of Commerce Triad Meeting. C. Set June 4, 1998, as the Public Hearing Date for a Request for a Specific Use Permit (SUP) for a Restaurant/Private Club Located at 533 W McDermott Drive. D Accept Resignation and Declare a Vacancy in Place No. 3 of the Keep Allen Beautiful Board Effective May 20, 1998. E. Investment Report. F Tax Report. G. Approve Bills Associated with the Capital Improvement Program. 1 Gay, McCall, Isaacks, Gordon & Roberts (Appraisal & Acquisition) $195.00 For: Condemnation Procedures (Erma Kyle Bridges) Funding Source: Land Sale Revenues Period. April 24, 1998 2. Trinity Engineering (McDermott West/US 75 to Custer) $2,975.00 For: Material Testing Funding Source: Allen Central Facility Agreement Period: May 1, 1998 ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 PAGE 5 3. Texas Department of Transportation (SH 5/Chaparral to Exchange) $174,470.11 For: Six -lane Thoroughfare Construction Funding Source: 1992 Bonds Period: May 1, 1998 4 Warren and Georgia Blackmon (Site for Pump Station p3) $255,000.00 For: Purchase of Land for Pump Station p3 Funding Source: Water Impact Fee Period: Closing Date is May 19, 1998 5. Huitt-Zollars (Pedestrian Bridge over Cottonwood Creek) $548.75 For: Consulting on Pedestrian Bridge Project Funding Source: CDC, 1997 Bonds Period: November 30, 1997 thr t December 27, 1997 6. Milstead Appraisal Company (Allen Station Park) $1,00000 For: Appraisal of Land North and South of ASP Funding Source: 1997 CDC Bonds j 7 Period. March 12, 1998 Ed Bell Construction Co. (ASPI-Cedar Drive) $162,17977 For: Construction of Cedar Drive Funding Source: CDC, 1997 Bonds Period: April 25, 1998 8 Trinity Engineering Testing Corporation (ASPI-Cedar Drive) $1,729.00 For: Testing Services Funding Source: CDC, 1997 Bonds Period: March 31, 1998 9 Huitt-Zollars (ASPI-Cedar Drive) $390.00 For: Engineering of Cedar Drive Funding Source: CDC, 1997 Bonds Period: February 18, 1998 10. Huitt-Zollars (ASPI-Cedar Drive) $975.00 For: Engineering of Cedar Drive Funding Source: CDC, 1997 Bonds Period: April 15, 1998 11. Clark Condon Associates (Allen Station Park, Phase I) $5,697.50 For Design of Allen Station Park Funding Source: CDC, 1997 Bonds Period: thru March 31, 1998 ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 PAGE 6 12. Thomas Bros. Grass (Allen Station Park, Phase I) $8,550.00 For: Construction - grassing Funding Source CDC, 1997 Bonds Period, April, 1998 13. H. L. Zumwalt Construction (Allen Station Park, Phase I) $190,20900 For: Construction of Allen Station Park Funding Source: CDC, 1997 Bonds Period: March 31, 1998 14 Island Printing (Printed Material) $3,568.80 For 1998 General Obligation Bonds/Miscellaneous Information Funding Source: 1998 General Obligation Bonds Period: March 30, 1998 15. Moody's Investors Service (Professional Services) $9,500.00 For: Professional Rating Services Funding Source. 1998 General Obligation Bonds 16. Period. March 24, 1998 Standard and Poor's (Professional Services) $9,000.00 For: Analytical Services Funding Source: 1998 General Obligation Bonds Period March 27, 1998 17 H. B. Zachry, Co. (McDermott West/US 75 to Custer) $438,550.23 For: Six -lame Thoroughfare Construction Funding Source: [$22,550.23] Allen Cent. Fac. [$305,000.00] Allen Hill Fac. [$111,000.00] Tatum Fac. Period: May 1, 1998 18. Jeno Lewisville (Station #4) $1,991.22 For. Landscaping Funding Source: 1996 Bonds Period' April 27, 1998 19 McKinney Office Supply (CD-ROM Music) $354 For. Labels Funding Source: Operating Funds, CDC Period: April, 1998 20. Crimson Multimedia (CD-ROM Music) $56.84 For: CD's Funding Source Operating Funds, CDC Period, April, 1998 ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 PAGE 7 21 Ron Hobbs, Architect (City Hall) $17,181.90 For Architectural and Planning Services for City Hall Funding Source: 1998 City Hall Bonds Period: thru April 18, 1998 22. Black & Veatch (Pump Station #3 and Ground Storage -Land) $3,150.00 For: Engineering for Site Purchase Funding Source, Water Impact Fees Period: May 1, 1998 23. Moss Construction Co., Inc. (10" Sanitary Sewer LmcfWatson Drive) $23,084 94 For: 10' Sanitary Line on Watson Funding Source: 1995 Water Bonds Period: May 1, 1998 24. Moss Construction Co., Inc. (24" Water Line from Exchange to Main) $61,253.00 For: 24" Water Line along SH 5 and Jupiter Funding Source: 1995 Water Bonds 25. Period: May 1, 1998 Plustar (CD-ROM Music) $114.30 For: Supplies Funding Source: Operating Funds, CDC Period: April, 1998 26. AEC One Stop Group, Inc. (CD-ROM Music) $663.76 For: CD's Funding Source: Operating Funds, CDC Period. April, 1998 27 North Star Paper (Station #4) $318.90 For: Furniture Funding Source: 1996 Bonds Period: Delivered April 20, 1998 28. Norvaquest INFOSystems (CD-ROM Network) $2,320.26 For: Purchase of Laserjet Printer and Miscellaneous Peripheral For Remainder of Server Project Funding Source: Operating Funds, CDC Period: April 23, 1998 29 Ron Hobbs, Architect (Station #4) $78908 For: Architectural Services and Contingencies Funding Source: 1996 Bonds Period: thin April 18, 1998 ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 PAGE 8 30. McKinney Office Supply (Station #4) $4,681.80 For: Furniture Funding Source: 1996 Bonds Period: Delivered April 10, 1998 The motion carried. End of Consent Aaenda Council Committee Reports (Agenda Item VIII) Announcement: Economic Development Director David Pastick announced that Chelsea GCA Realty Inc., plans to build a 650,000 square -foot premium outlet center on the northwest corner of Stacy Road and US 75. The project will bring an estimated $80 million in property and approximately $140 million in sales which will mean $3 million in city taxes as well as spin-off businesses. Barton Hunter, manager of acquisitions for Chelsea, and Dave Dennison were present for the company The project should open in mid -2000. Typical tenants for their outlet centers are Gucci, Crate & Barrel, Saks and other premium outlets. The project will bring 650 jobs. The first phase will include 350,000 square feet, followed by two additional phases of 150,000 square feet. This space will be pre -leased at 50% Mr Dave Dennison pledged to work within the framework of what the City of Allen expects. Mr Barton Hunter reviewed a possible site plan. Chelsea plans to invest in the community by participating in the school system and local charities. Services: • No Report. Development Services: • No Report. Finance/Administration: • No Report Mayor's Committee: • Current Council Agenda. • City Hall Design. 7 ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 PAGE 9 Citizen's Comments (Agenda Item IX) There were no citizen's comments. Administer Oaths -of -Office and Present Certificates- (Agenda Item X) of -Appointment to Newly Appointed Members of Various City Boards City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed members of the Board of Adjustment, Cable TV & Telecommunications Advisory Committee, Library Board, Sign Control Board and the newly created Allen Arts Alliance Mr. Remy Tholen received his oath -of -office prior to the City Council meeting. Allen Arts Alliance Expiration Date Place No. 1 - Danny McLarty September 30, 1999 Place No. 2 - Barbara Eubanks September 30, 2000 Place No. 3 - Lori Marten Fairchild September 30, 1999 Place No. 4 - Gregg Layton September 30, 2000 Place No. 5 - Teresa McKeown September 30, 1999 Place No. 6 - Warren Johnson September 30, 2000 Place No. 7 - Evelyn Dawson September 30, 1999 Board of Adiustment Expiration Date Alternate Place No. 2 - Jerry Higgins September 30, 1998 Cable TV & Telecommunications Advisory Committee Expiration Date Place No. 6 - Remy Tholen September 30, 1998 Allen Library Board Expiration Date Place No. 6 - Deloris Teel September 30, 1998 Sign Control Board Expiration Date Place No. 5 - Shane Womack September 30, 1999 Mayor Terrell presented each newly appointed member a Certificate -of -Appointment certifying their new position and expressed a welcome and a sincere thanks to the members for serving their community Recognize Recipients of Scholarships Awarded by Community Credit Union (Agenda Item XI) Community Credit Union awarded two $1,000 scholarships to Allen High School students, Amy Rebecca Adams and Holly Michelle Such. i ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 PAGE 10 Public Hearing to Consider the Recommendation of (Agenda Item XII) the Planning and Zoning Commission to Amend Building Lines on Bethany Creek Estates Phase B Located North of McDermott Drive and West of Watters Road as Requested by D. R. Horton Community Development Director Bill Petty informed the Council that Phase 1 has been fund platted with 25 -foot front yard building lines. The Planning and Zoning Commission considered this request and authorized the 20 -foot building lines on Normandy Lane and Berkley Road. The proponent indicated the need to assume the 20 -foot building setback is because of the marketplace. Mayor Terrell 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 Terrell closed the public hearing. The front yard setback would automatically move the rear yard setback. Staff had requested this item be denied. Staff had concerns with the consistency of the subdivision. MOTION: Upon a motion by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council voted three (3) for and four (4) opposed with Mayor Terrell, Councilmembers Gallagher, Bartlemay and Owen casting the negative votes, to deny the request to amend the setback requirements on Bethany Creek Estates Phase B. The motion failed. Council felt that tunnel vision was not what the citizens of Allen wanted; however, larger rear yards would be welcomed. Discussion was held regarding consistency in zoning and any adjustments to current standards should be addressed by Council. MOTION: Upon a motion by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council voted four (4) for and three (3) opposed with Mayor Terrell, Councilmembers Bardemay and Owen casting the negative votes, to deny the request to amend the setback requirements on Bethany Creek Estates Phase B. The motion carried. Public Hearing to Consider the Recommendation of (Agenda Item XHI) the Planning and Zoning Commission to Rezone 31.395 Acres of Land Located South of Bethany Drive and West of US 75 as Requested by John T. Green Community Development Director Bill Petty indicated that John T Green is requesting zoning for Corridor Commercial. The Corridor Commercial District requires a 100 -foot front yard setback, with no parking being permitted within this 100 feet. Staffs recommendation supported the requested 50 -foot front yard setback, with the increase of the landscape buffer from 10 to 15 feet for the development of this tract. The Planning and Zoning Commission, however, suggested the following: 1) allow variance to US 75 side beginning at 100 feet and graduating to 50 feet at a point 450 feet south of the northern property line and ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 PAGE 11 maintain the 100 foot setback along Bethany Drive; 2) allow parking within the setbacks; 3) landscape along US 75 will be increased as submitted to 15 feet; and, 4) the 50 foot setback would continue through Tracts B and C. Mr. John Green reviewed his request with the Council. He showed pictures of the area to portray the visual impact of this property Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Mr. Philip Williams of Montgomery Farm, Allen, Texas, spoke in opposition to the request stating the following reasons: 1) limiting the ability to widen the freeway in the future, 2) safety due to close proximity of service road, 3) limitations of areas to match codes on all of Central Expressway for setbacks. Ms. Francis Williams of Montgomery Fann, Allen, Texas, spoke in opposition to the request. She stated that since this property is at the front door to the Montgomery property, she would like to encourage sufficient setback and greenbelt. With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. Discussion was held regarding the setbacks on both Bethany Drive and US 75. MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to allow a 50 -foot setback on US 75 and 155 - foot setback from the centerline of Bethany; 2) to allow parking within the setbacks; 3) landscape along US 75 will be increased as submitted to 15 -feet; and, 4) the 50 -foot setback would continue through Tracts B and C. The motion carried. Public Hearing to Consider the Recommendations of (Agenda Item XIV) the Planning and Zoning Commission to Place Permanent Zoning on 67.158 Acres of Land Located at the Northwest Corner of Bethany Drive and FM 2551 as Requested by Ben Martin Planner Marcie Diamond informed the Council the subject property is bounded by Bethany Drive to the south and FM 2551 to the east. Staff recommends approval of this request. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time L With no one speaking either for or against the request, Mayor Terrell closed the public hearing. MOTION: Upon a motion by Councilmember Bartlemay and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to confinn the Planning and Zoning Commission's recommendation to place permanent zoning on the 67 158 acres as presented. The motion carried. L I ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 PAGE 12 Authorize Negotiations and a Contract with a (Agenda Item XV) Search Firm to Assist the City Council in the Selection of a City Manager MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to authorize the Mayor to negotiate and execute a contract with The Oldani Group to assist the City Council in the selection of a City Manager. The motion carried. Other Business (Agenda Item XVI) A. Calendar May 18 - 19 Policy Governance Workshop May 21 Council Photo June 2 Budget Workshop June 27 Allen USA Celebration December 2 Board Appreciation Dinner B. NCTCOG (North Central Texas Council of Governments) Workshop: Overview of Planning and Zoning for Mayors and Councihnembers C. Items of Interest • Retail Development. • David Kerr was named Volunteer Supervisor of the Year for the City of Plano. • Ron Hobbs reviewed the City Hall project with the Council. • Visioning Workshop is on schedule. The Regular Session was recessed at 12:14 a.m. on Friday. May 8, 1998. 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 12.30 a.m. on Friday, May 8, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Property - Purchase of Railroad Property; City Complex Acquisition • Personnel - Board Appointments L The Executive Session was adjoumed at 1.02 a.m. on Friday, May 8, 1998. I ALLEN CITY COUNCIL REGULAR MEETING MAY 7, 1998 Reconvene and Consider Action on Items Discussed During Executive Session PAGE 13 (Agenda Item V) The Allen City Council reconvened into regular session at 1:03 a.m. on Friday, May 8, 1998, in the Council Chambers of the Allen Public Library Consider Appointments to Place No. 1 of the Planning and Zoning Commission and Place No. 3 of the Keen Allen Beautiful (Agenda Item XVII) The Boards and Commission Interview Committee placed the following names as a slate of nominations for the specific places on the following boards: Keep Allen Beautiful Board Place No. 3 - Grace Kerr Expiration Date September 30, 1999 Planning and Zoning Commission Expiration Date Place No 1 - Steven Haynes September 30, 1999 MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed that nominations cease and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Keep Allen Beautiful Board and Planning & Zoning Commission respectively The motion carried. (Agenda Item XVIII) MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 1.15 a.m. on Friday, May 8, 1998. The motion carried. These minutes approved on the 21st day of May, 1998. ATTEST: �y M 'on, CMC, CITY SECRETARY APPROVED: if -0-P Stephen Terrell, MAYOR