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HomeMy WebLinkAboutMin - City Council - 1998 - 11/05 - Regular�I ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay Kenneth Fulk Melissa Owen City Staff: Michael Stanger, Acting City Manager Judy Morrison, City Secretary Attorney: Pete Smith DINNER AND PRE -MEETING WORKSHOP Call to Order and Announce a Ouorum is Present (Agenda Item I) With a quorum of the Councilmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 6:38 p.m. on Thursday, November 5, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Discuss Current Aeenda (Agenda Item ID Consent Agenda, Item D- "Receive the Recommendation of the Planning and Zoning Commission Concerning the Home Occupations Ordinance." Council discussed removing this item from the Consent Agenda for discussion. Statutory Agenda, Item D: "Approve First Reading of an Ordinance Authorizing CoSery Gas Franchise with the City " Mr Don Leverty of CoSery Gas is available for comment. Statutory Agenda, Item E. "Authorize Execution of an Agreement with the City of Plano for Repair of Tatum Road Bridge at Rowlett Creek." Council discussed the status of the bridge ALLEN CITY COUNCIL ■[SII REGULAR MEETING NOVEMBER 5, 1998 PAGE 2 Statutory Agenda, Item H: "Award Bid(s) and Authorize Execution of Contract(s) for City Hall Excavation, Foundation, Utilities and Parking " Gallagher Construction representatives have reviewed the final figures for completing the project. Reconciliation needs to take place for the bond money and final cost of project. Council felt the slab for the basement should be bid as an alternate. Statutory Agenda, Item F, "Authorize a Contract and Approve a Budget for Design Services of the Allen Public Library Expansion." The library committee plans to recommend Hidell Associates as the architect for the expansion project. Additional funding will be proposed as part of the CIP Statutory Agenda, Item K. "Consider All Matters Incident and Related to Approving and Authorizing the Giving of Notice of Intention to Issue Revenue Bonds, Including the Adoption of a Resolution Pertaining Thereto." The bonds sale will occur in January The east side tower is needed for capacity The west side tower is proposed for construction prior to the area being populated to reduce possible citizen opposition, not necessarily for needed capacity There should not be an immediate cost impact to the citizens. (Agenda Item III) A. Quality of Life Policy Documentation and Draft Ends Statement • Minimum Housing Standards Council discussed the Minimum Housing Quality Ends Policy Council cautioned subjective approach. Safety needs to be stressed under the fire and crime topics. B. Quality of Life Policy Philosophy/Environmental Scan • Larger Lots and Cost of Development The workshop session recessed at 7:16 p.m. REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 730 p.m. on Thursday, November 5, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Public Recotmition (Agenda Item 1V) • Citizens' Comments Mr. Al White, 810 Rivercrest Boulevard, Allen, Texas, expressed opposition to the sidewalk construction on Rivercrest Boulevard because it will take away eight -feet of his front yard. Council responded that the sidewalks are being constructed to address safety issues. Council recognized two boy scouts from Troop #328 working on merit badges in citizenship One ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 PAGE 3 of the requirements for the merit badge is for the scout to attend a City Council meeting. Consent Aeenda (Agenda Item V) MOTION: Upon a motion made by Councilmember Bartlemay, and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to remove the following items from the Consent Agenda: D. Receive the Recommendation of the Planning and Zoning Commission Concerning the Home Occupations Ordinance. 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 approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approve Minutes of the October 15, 1998, Regular Meeting. B. Approve Minutes of the October 22, 1998, City Council/Allen ISD Board of Trustees Joint Meeting C Accept Resignation and Declare a Vacancy in Place No 1 of the Planning and Zoning Commission. E. Receive Tax Assessor -Collector's Report The motion carried. D Receive the Recommendation of the Planning and Zoning Commission Concerning the Home Occupations Ordinance. Council discussed retail sales. The Ordinance needs to be structured so that not all businesses are restricted. Ms. Kim Layton, 811 Aylesbury Drive, Allen, Texas, requested the Ordinance be reconsidered to allow direct sales. It is important that residents have the flexibility to work at home to be with their children. She also requested that occasional visitors be allowed. Mr. H.D Pete James, 909 Pebblebrook, Allen, Texas, did not speak but wished that his opposition to the Planning and Zoning Commission recommendation be recorded. Council was directed to give their comments to City staff. Since the Zoning Ordinance is currently being reviewed, this item may be able to be addressed as part of the revisions. It was also suggested representatives from the Chamber of Commerce be involved in the process with regard to this issue. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 PAGE 4 Councilmembers Folk and Gallagher were appointed to an Ad Hoc Committee along with Chamber of Commerce representatives and City staff to study this issue and return to Council at a later date. This item was for information purposes only Statutory Anemia (Agenda Item VI) MOTION: Upon a motion made by Mayor Pro Tem Kerr, the Council removed the following item from the Statutory Agenda: Authorize a Contract and Approve a Budget for Design Services of the Allen Public Library Expansion. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Banlemay, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on the Statutory Agenda as recommended and as follows: A. Adopt an Ordinance Confirming Action of City Council on October 15. 1998, for a Zoning Request for Single Family Zoning on 67.8 Acres of Land Located West of FM 1378 and South of Stacy Road. Ordinance No. 1650-11-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, by Establishing Permanent Zoning, To -Wit: Flood Plain -Planned Development No. 75 (FP -PD No. 75) for Single Family, on the Following -Described Tract of Land: 67.8 Acres of Land Located in the George Fitzhugh Survey, Abstract No. 320, and the Gabriel Fitzhugh Survey, Abstract No. 318, City of Allen, Collin County, Texas; Providing for Exhibit "A" Land Use Plan, Exhibit 'B" Area and Use Regulations, and Exhibit "C" Legal Description; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. B. Adopt an Ordinance Closing and Abandoning Allen Drive from McDermott Drive to Century Parkway Ordinance No. 1651-11-98: An Ordinance of the City of Allen, Collin County, Texas, Closing and Abandoning a Portion of Allen Drive from Its Northern Intersection with McDermott Drive to Its Western Intersection with Century Parkway, in the City of Allen, Collin County, Texas, and Further Described by Metes and Bounds in Exhibit "A"; Retaining Ownership as the Sole Abutting Property Owner for the Purpose of Construction of a City Hall Complex; Authorizing the City Manager to Execute any Documents Deemed Necessary to Complete Abandonment; Providing for a Severability Clause; and Providing for an Effective Date. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 PAGE 5 C. Adopt an Ordinance Abandoning an Alley Right -of -Way from Butler Drive to Allen Drive. Ordinance No. 1652-11-98 An Ordinance of the City of Allen, Collin County, Texas, Closing and Abandoning the 20 -Foot by 180 -Foot Alley Right -of -Way Located South of Lots 1 and 3, and North of Lot 4, Block 21, Old Donation, Situated in the City of Allen, Coffin County, Texas, and Further Described by Metes and Bounds in Exhibit "A"; Retaining Ownership as the Sole Abutting Property Owner for the Purpose of Construction of a City Hall Complex; Authorizing the City Manager to Execute any Documents Deemed Necessary to Complete Abandonment; Providing for a Severability Clause; and Providing for an Effective Date. Approve First Reading of an Ordinance Authorizing CoSery Gas Franchise with the City Ordinance No. 1653-11-98: An Ordinance of the City of Allen, Collin County, Texas, Granting to Denton Comfy Electric Cooperative, Inc. D/B/A Cosery Gas, a Franchise for the Purpose of Constructing, Maintaining and Operating Its Gas Utility System in Public Streets, Alleys, and Rights -of -Way in the City; Reserving to the City the Right to Regulate Grantee; Providing Conditions Governing the Construction, Expansion, Use, Reconstruction, Repair, Excavation, Maintenance, Relocation and Operation of the Gas Utility System; Providing for Indemnification; Providing for City Use and Joint Use of Grantee's Facilities; Providing for Compensation; Providing for Accounting and Other Reports; Providing for Conditions of Assignment; Providing for Termination; Providing for Acceptance of the Franchise; Providing a Repeating Clause; Providing a Severability Clause; and Providing for the Effective Date of Said Ordinance. E. Authorize Execution of an Agreement with the City of Plano for Repair of Tamm Road Bridge at Rowlett Creek. Council authorized the City Manager to enter into an agreement with the City of Plano to repair the Tamm Road Bridge at Rowlett Creek. The City of Allen will reimburse the City of Plano for up to 50 percent or $100,000 which ever is least at the completion of the project or May 31, 1999, whichever is later. G. Authorize Expenditure of $252,275 for the Purchase of New and Replacement Public Works Vehicles. Council authorized the purchase of the following vehicles through the Houston -Galveston Council of Governments: two replacement trucks and three new trucks for the Water and Sewer Department, one new truck for the Street Department, and a new Vac/Jet truck to be split between the Drainage Budget Department and Water and Sewer Department. LH. Award Bid(s) and Authorize Execution of Contract(s) for City Hall Excavation, Foundation, Utilities and Parking. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 PAGE 6 Council authorized the City Manager to enter into a contract with each of the following contractors for the services as listed for the excavation, foundation, utilities and parking of the City Hall construction: Description Contractor Amount Construction Waste Removal Bluebonnet $210/pull Excavation Fireline Excavation $106,000 Site Utilities Quanturn $167,935 Paving JRJ Paving, Inc. $262,000 Striping No Bid --- Building Concrete Sizelove $558,693 Miscellaneous Steel Fabrication Alpha Steel $15,000 Joint Sealant & Waterproofing Gorman & Associates $20,900 Site Electrical Kevco Electric $34,688 L Award Bid(s) and Authorize Execution of Contract(s) for Construction at Green Park and Shadow Lakes Park. Council authorized the City Manager to enter into a contract with Landscape Design and Construction, Inc., in the amount of $375,205 for the development of Green and Shadow Lakes Parks and to approve a project budget not to exceed $482,326. J. Approve a Request by the Touchdown Club to use Allen Station Park or Joe Farmer Recreation Center for an Event. Council approved the request by the Touchdown Club to use Allen Station Park or Joe Farmer Recreation Center and charge an attendance fee for the event. K. Consider All Matters Incident and Related to Approving and Authorizing the Giving of Notice of Intention to Issue Revenue Bonds, Including the Adoption of a Resolution Pertaining Thereto. Resolution No. 1654-11-98(R): A Resolution of the City Council of the City of Allen, Collin County, Texas. Approving and Authorizing the Giving of Notice of Intention to Issue Revenue Bonds. L. Receive Investment Report. M. Receive CIP (Capital Improvements Program) Projects Status Report. The motion carried. L ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 PAGE Public Hearing to Consider the Recommendation of (Agenda Item VID the Planning and Zoning Commission for Approval of a Planned Development District for Multi -Family Uses on 10.892 ± Acres of Land Located Northeast of SH 5 and Chaparral Road as Requested by the Papyus Corporation Planner Marcie Diamond reviewed the request to place Planned Development zoning for Multi -Family uses on 10.892± acres of land. Under Multi -Family regulations, 196 dwelling units would be allowed with a minimum unit size of 500 square feet and a minimum average unit size of not less than 775 square feet. The Planning and Zoning Commission recommended approval of the request with the following amendments. 1) The open space be per the Planned Development requirements; 2) All development adhere to the City of Allen Multi -Family development standards; 3) The height limit on units adjacent to existing homes be two stories and the remainder be in accordance with MF -18 standards; and 4) The deceleration lane will be constmcted on SH 5 Mr. Mike Williams spoke on behalf of owner of property He asked Council to zone as requested with the developer meeting all the codes. 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. Council discussed set backs adjacent to a medium density area and the open space requirements. The recommended Use and Area Regulations revisions were distributed to Council. Council expressed concern regarding setbacks along SH 5, the preservation of tree line and useable open space recreation areas. MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to table this item and return to staff for discussion with the proponent. Discussion points included: 1) the 12 recommended revisions to the Use and Area Regulations, 2) Adding the wording "western, northern" to the first recommended revision after the word eastern; 3) Setbacks on SH 5; 4) Open space; 5) Percentage of garages; 6) Concept plan showing two-story and three-story placement, and 7) Preservation of tree line. The motion carried Other Business (Agenda Item VHD A. Update by Allen Arts Alliance: Master Plan. Allen Arts Alliance (AAA) Chair Barbara Eubanks presented results from the focus group meetings and its consensus. She reviewed the ground rules for the focus groups. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 PAGE 8 Council expressed appreciation for the work accomplished by the board Plans are for the AAA to work with the Keep Allen Beautiful Board. B Accept Results of the Water and Sewer Rate Study Presented by KPMG Peat Marwick LLP Mr. Alan Mullins of KPMG Peat Marwick L.L.P., reviewed the cost elements and trends, debt service, water treatment costs and personnel costs. Council discussed a gradual increase in rates rather than waiting a few years and increasing sewer rates substantially MOTION: Upon a motion by Councilmember Gallagher and a second by Councdmember Thomas, the Council voted seven (7) for and none (0) opposed to use alternate 1 with the incremental change with Schedule E and for staff to set a public hearing date The motion carried C. Review City Hall Building and Landscape Plans. Council discussed ending the western boundary of the civic plaza at the eastern building We of library Council viewed a presentation of the art. D Accept Monitoring Reports of Ad Hoc Inspection Committee • Council Support and Communication (EL 3.9) • Capital Improvements program (EL 3.10) Council received a sample draft of the Boards and Commission template They were asked to review Section 3. E. Governance Self -Evaluation (10 minutes) Councdmember Bartlemay provided the Governance Self -Evaluation for the Council. F Calendar. • December 2, 1998, Board Appreciation Dinner at EI Dorado Country Club • December 9, 1998, Employee Holiday Party at Bill Bates Ranch • The City will bid out its health plan next year. Council asked staff to research the possibility of self-insured concept G. Items of Interest The regular session recessed at 11.00 p.m. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 PAGE Executive Session (Agenda Item IX) In accordance with The Texas Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 11:05 p.m. on Thursday, November 5, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Litigation - City of Parker • Personnel - NTMWD (North Texas Municipal Water District) Board Appointments and Planning and Zoning Commission Appointment • Personnel - Evaluation of Council -Municipal Judge Relationship According to Policy CSL 4 5 • Personnel - Evaluation of Council -City Secretary Relationship According to Policy CSL 4.6 • Property - Armstrong Property • Staff Briefing - Economic Development Prospect The Executive Session adjourned at 12:11 a.m. on Friday, November 6, 1998 Reconvene and Consider Action on Items Discussed (Agenda Item X) During Executive Session The Allen City Council reconvened into regular session at 12:12 a in. on Friday, November 6, 1998, in the Council Chambers of the Allen Public Library MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to appoint James Kerr and Joe Farmer to the North Texas Municipal Water District Board of Directors. Mr. Kerr's term will expire May 31, 1999 and Mr. Farmer's term will expire May 31, 2000. The motion carried. MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to appoint Daniel "Scott" Niece to Place No. 1 of the Planning and Zoning Commission. The motion carried. (Agenda Item XI) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Bartlemay, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:13 a.m. on Friday, November 6, 1998. The motion carried. A ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 PAGE 10 These minutes approved on the 19th day of November, 1998. ATTEST: J y Mo on, CMC, CITY SECRETARY 1, I APPROVED: g Stepherf Terrell, MAYOR