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HomeMy WebLinkAboutMin - City Council - 1999 - 02/04 - RegularALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 Present Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Banlemay Kenneth Fulk Melissa Owen City Stati: Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, Acting City Attorney DINNER AND PRE -MEETING WORKSHOP Call to Order and Announce a Ouc rum is Present (Agenda Item 1) With a quorum of the Counmlmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Pro Tem Kerr at 6:28 p.m. on Thursday, February 4, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Mayor Pro Tem Kerr announced the Mayor had another commitment and would arrive later. Discuss Current Agenda (Agenda Item II) • Agenda Item XI, "Conduct a Public Hearing and Consider the Approval and Adoption of an Ordinance to Change Zoning from Agricultural/Open Space and Planned Development to Single Family Residential Zoning on 43.79± Acres of Land Located North of Exchange Parkway at the Exchange and Allen Heights Intersection for Allen No. Addition PH 5 " The proponent requested Council to continue the Public Hearing to the February 18 regular meeting. • Agenda Item XII, "Conduct a Public Hearing and Consider the Approval and Adoption of an Ordinance to Grant a Planned Development District for Single Family Residential on 133.25± Acres of Land Located East of Malone Road and South of Stacy Road for Summerfield." Staff distributed an additional page to the Planned Development District standards to include item 2.13. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 PAGE Presentation by Jerry Gallagher, Gallagher Construction, Regarding the Stone Bid for Phase 11 of Construction of City Hall. Jerry Gallagher, Gallagher Construction Management Services, informed Council the stone facing required for City Hall will be retrieved from another quarry, Metzer. Council was shown thickness examples of the I" and 1'h" stone as seen on several buildings within the community A 1 1h" thick stone will be used instead of the 1" stone as originally proposed along the top portion of the building. The stone dEcor along the bottom portion of the building will be 3" thick. While the base of the building will have some color variations, the upper portion should blend as one color. No delay in scheduling is expected in relation to the stone dBcor. Council expressed concern regarding a checkerboard effect with the stone color variations. Mr. Gallagher stated unsealed limestone develops its own patina and a decision regarding using a sealant will be considered at a later date. Items of Interest (Agenda Item II1) • Council Update on the 1999 Capital Improvement Program by Jim Wolfe, Chair Jim Wolfe, Chair of the 1999 CIP Committee, reported on the progress of the CIP Committees. The subcommittees will hold an additional meeting to complete the process. Once the subcommittees have completed their reports, the Steering Committee will report to Council. Preliminary finance reports indicate that no tax increase is necessary with the $35.8 million bond package while a $0.02 tax increase would be required with a $43.8 million bond package and a $0.04 tax increase would be required with a $51.8 million bond package. Presentation of Amendments as it Relates to Signage of Zoning Notification Planner Marcie Diamond reviewed sign requirements in area cities. She recommended the City establish an exclusive contract with a sign company to install and dispose of public notice signs. Using one company will provide greater savings and will increase reliability for timely installation. The signs will include the City of Allen logo, standard format and color scheme to enhance their recognition. Section 5.04, paragraph 1, of the Comprehensive Zoning Ordinance will be amended to reflect the cost of sign placement/retrieval and administrative fee. Staff will present a resolution at a future meeting implementing this change. DRAFT Bylaws for Planning and Zoning Commission for Council Review Councilmember Falk reviewed the process for reviewing the various Board and Commission bylaws. The Planning and Zoning Commission has asked for additional time to review the proposed bylaws prior to Council adoption. • TMRS 20 -Year Retirement for City Employees City Manager Peter Vargas recommended Council adopt the 20 -year retirement at a future meeting. Council requested staff provide information on how the cost would look in future years. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 PAGE Fees for Non -Resident Use of Athletic Fields Parks Director Don Horton reviewed the proposed fee structure for non-resident users of both athletic programs and the Joe Farmer Recreation Center. Option A would allow the neighboring cities to pay a fee per house for participation in athletic programs and the Joe Farmer Recreation Center. Option B provides for each participant to pay a fee to participate in athletic programs and the Joe Farmer Recreation Center. Allowing participation in the Joe Farmer Recreation Center could stress the capabilities of the center. A multiplier may need to be included regarding participation in the Center. The Parks and Recreation Board recommended approval of both options giving the cities of Lucas and Fairview the option of paying the fee for their citizens. Council expressed concern regarding allowing membership in the Joe Farmer Recreation Center but did want to continue discussions. • Appointments to Various Boards Appointments will be considered at a future meeting after advertising has taken place. Policy Agenda (Agenda Item IV) • Ends Policy- Larger Lots and Cost of Development Partnership Discussion and Public Comment Assistant City Manager Michael Stanger distributed a report to Council and asked that comments be made to the City Manager or himself. The workshop session recessed at 7:35 p.m. REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Pro Tem Kerr at 7,49 p.m. on Thursday, February 4, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Public Recognition (Agenda Item V) • Presentation of Plaques -of -Appreciation Mayor Pro Tem Kerr presented plaques -of -appreciation to retired board members Jerry Higgins and John Poer. He thanked them for their dedicated service to the City of Allen. • Citizens' Comments Raymond Johnson, 740 Fairview, Allen, Texas, distributed information regarding a moratorium on growth in the Town of Flower Mound. He asked Council address this issue. Council asked the City Manager to prepare comparisons between Flower Mound and Allen. Consent Agenda (Agenda Item VI) ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 PAGE 4 MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bardemay, the Council voted six (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 January 21, 1999, Regular Meeting. B. Approve Items Related to the May 1, 1999, City Council Election. 1. Approve a Resolution Ordering the May 1, 1999, City Council Election. Resolution No. 1683-2.99(8): A Resolution of the City Council of the City of Alen, Colin County, Texas, Ordering a Joint Election to be Held on May 1, 1999, for the Purpose of Electing Three (3) Members, (Place Nos. 1, 3, and 5), to the City Council to Hold Office for a Period of Two Years; Designating Location of Poling Place; Ordering Notices of Election to be Given m Prescribed by Law in Connection with Such Election. 2. Approve a Resolution Authorizing the Mayor to Sign a Joint Election Agreement with the Allen Independent School District and to Enter into a Contract with the Elections Administrator of Collin County to Provide Joint Election Services. Resolution No. 1684-2-99(R): A Resolution of the City Council of the City of Alen, Colin County, Texas, Authorizing the Mayor of the City of Alen to Sign a Joint Election Agreement with the Alen Independent School District and to Execute a Contract with the Elections Administrator, Colin County, Texas, Pursuant to the Authority of Section 31 Subchapter D of the Texas Election Code to Provide Election Services in Regard to the Coordination, Supervision, and Running of the May 1, 1999, Joint General Election with the Alen Independent School District. Set Thursday, May 6, 1999, as the Official Canvass Date. C. Receive Tax Assessor -Collector's Report. The motion carried. Statutory Aeenda (Agenda Item VII) MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Statutory Agenda as recommended and as follows: A. Authorize Execution of a Contract with Southwest Securities for Financial Advisory Services. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 PAGE 5 Council authorized the City Manager to execute a contract with Southwest Securities for financial advisory services for a term of two years. B. Adopt a Resolution Authorizing the Execution of the North Texas Municipal Water District Regional Water Supply Facilities Contract. Resolution No. 1685-2-99(R): A Resolution Authorizing and Directing the Execution of the "North Texas Municipal Water District Regional Water Supply Facilities Contract" with North Texas Municipal Water District, and Providing for the Effect of Said Resolution and Contract. C. Authorize Execution of a Lease Agreement for Communication Antennae on a City Water Tower. Council authorized the City Manager to execute a lease agreement with Conxus for a communication antennae on the Hillside tower. The base monthly lease is for $950.00 per month, with a five -percent mcrease annually D Authorize Execution of a Purchase Order with Village Ford of Lewisville, Inc. for Purchase of a Bucket Truck. Council authorized the City Manager to execute a purchase order with Village Ford of Lewisville, Inc., for the purchase of a bucket truck for a cost of $53,023. The purchase includes the cost of automatic transmission and PTO package. E. Consider Approval of Bids for Phase II Construction of City Hall. Council authorized the City Manager to execute a contract with Dee Brown, Inc., for BP -03-B Stone, in the amount of $1,356,706 and accept the value engineering deductive change order in the amount of $91,397 The overage will come from the allocated project contingency of $436,000. F Receive Investment Report. G. Receive Quarterly Financial Report for Period Ending December 31, 1998. H. Receive CIP (Capital Improvements Program) Status Report. The motion carried. Council discussed Agenda Item XIII at this point. I ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 PAGE 6 Conduct a Public Hearing and Consider Annexation (Agenda Item VIII) of 203.39± Acres of Land Located South of Exchange Parkway and East of Malone as Requested by Charles A. Angel, Jr. City Secretary Judy Morrison informed the Council an annexation request was received from Charles A. Angel, Jr., on January 7, 1999 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.m. on February 4. 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. Ron Haynes reviewed plans for the land including the sale of property to the City for parkland. With no one else speaking, Mayor Pro Tem Kerr 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 will be no additional cost to the City due to this annexation. No action was required on this item at this time. Conduct a Public Hearing and Consider the (Agenda Item IIt) Approval and Adoption of an Ordinance to Change Zoning from Agricultural/Open Space to Community Facilities for a Church and Related Facilities on 10.0985± Acres of Land Located at the Northwest Corner of City Road 146 and City Road 113 for the First Christian Church of Allen Planner Marcie Diamond reviewed the request to establish Community Facilities zoning on 10.0985 acres of land. The intended use for this property is for a church and related facilities. Current deed restrictions on this property restrict its use to residential until October 1, 2001. However, construction is not scheduled to begin until after the year 2001, therefore, this period is compatible with the church's long range plans for this tract. The Planning and Zoning Commission recommended approval of the request as submitted and recommended by City staff. 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 western property is outside the 500 -year flood plain min ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 Ordinance No. 1686-2-99:. An Ordinance of the City of Allen, Coffin County, Texas Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously Amended, by Granting a Change in Zoning From Agriculture -Open Space (AO) to Community Facilities (CF) by Approving Community Facilities Zoning for 10.0985 Acres in the Mary Standifer Survey, Abstract No. 812, City of Allen, CoWu County, and Being Further Described in Exhibit "A" Attached Hereto; Approving the Land Use Plan Attached Hereto as Exhibit "B"; Providing for a Repealing Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; and Providing the Effective Date of Said Ordinance. PAGE MOTION: Upon a motion by Councilmember Fulk and a second by Councilmember Gallagher, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission and to adopt Ordinance No 1686-2-99 as previously captioned. The motion carried. Conduct a Public Hearing and Consider the (Agenda Item X) Approval and Adoption of an Ordinance Amending Specific Use Permit for a Helistop on 13.649± Acres of Land Located Southeast of US 75 and Bethany Drive for the EDS Helistoo Planner Marcie Diamond reviewed the request to renew Specific Use Permit No. 55 for a helistop for an indefinite period of tone. No complaints have been received in connection with this helistop. The Planning and Zoning Commission recommended approval of the request as submitted and recommended by City staff. Since receiving approval, the proponent has offered the following additional conditions- 1) The landing and taking off of helicopters shall be generally limited to day light hours; 2) There shall generally be no more than five take -offs and landings per month; and, 3) Use of this helistop for emergency purposes (such as medical or public safety) shall be exempt from provisions 1 and 2 above. Council requested a master plan where heliports might be located for future planning of helistops. 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. JIM With no one speaking either for or against the request, Mayor Pro Tem Kerr closed the public hearing. A set of criteria will be established so it can be referred to for any future requests. ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 Ordinance No. 1687-2-99: An Ordinance of the City of Allen, Collin County, Texas Amending the Comprehensive Zoning Ordinance No. 1425-5-96, and the Zoning Map, as Previously Amended, by Amending Ordinance No. 1552-11.97 by Extending the Spec Use Permit for a Helistop on a 13.649 Acre Tract of Land Located in the William Perrin Survey, Abstract No. 708, Lot 1-A, Block 1, Enterprises No. 2 Subdivision, City of Allen, Collin County, Texas and Being More Particularly Described in Exhibit "A" Attached Hereto; Providing for Special Conditions; Providing for Approval of a Site Plan Attached Hereto as Exhibit "B"; Providing for a Repealing Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine Not to Exceed the Stan of Two Thousand Dollars ($2,000) for Each Offense; and Providing for the Effective Date of Said Ordinance. PAGE 8 MOTION: Upon a motion by Councilmember Fulk and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission and to adopt Ordinance No. 1687-2-99 as previously captioned. The motion carried. Conduct a Public Hearing and Consider the (Agenda Item XI) Approval and Adoption of an Ordinance to Change Zoning from Agricultural/Open Space and Planned Development to Single Family Residential Zoning on 43.79± Acres of Land Located North of Exchange Parkway at the Exchange and Allen Heights Intersection for Allen No. Addition PH 5 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. MOTION: Upon a motion by Councilmember Thomas and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to continue the Public Hearing at the February 18 regular meeting. The motion carried Conduct a Public Hearing and Consider the (Agenda Item XII) Approval and Adoption of an Ordinance to Grant a Planned Development District for Single Family Ell Residential on 133.25± Acres of Land Located East of Malone Road and South of Stacy Road for Summerfield E ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 PAGE 9 Planner Marcie Diamond reviewed the request for a Planned Development District for single family uses on 133.25 acres of land. The request includes an overall density of 3.0 dwelling units per acre with a maximum of 399 dwelling units. The Planning and Zoning Commission approved the request with the following changes to the development standards: 1) In the event that the 60 foot wide trail system adjacent to the east property line is not developed, the lots are not reduced in width and the lot sizes are increased to incorporate this additional 60 feet; and, 2) No alleys will be constructed adjacent to the greenbelt areas. Ms. Diamond stated that the proponent has asked that the Ordinance be adopted at the February 18 regular meeting. David Blum, proponent, stated the various issues that have been discussed at previous meetings. 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. Roy O'Neil, 2102 Forest Grove Estates Road, Allen, Texas, expressed appreciation for the new proposal. He, however, requested the homes in this area be one story He expressed concern about the proximity of the trail to his property and possible vandalism. He requested brick columns with wrought iron be constructed as a buffer to his livestock. He also expressed concern about drainage and runoff onto Forest Grove Estates. Sandor Marozsan, 2101 Forest Grove Estates Road, Allen, Texas, discussed that he needs water for his farming but does not want flooding caused by the development. Al Ward, 2306 Forest Grove Estates Road, Allen, Texas, expressed concern regarding the drainage and runoff. With no one else speaking either for or against the request, Mayor Pro Tem Kerr closed the public hearing. Discussion was held regarding the detention pond and its inclusion as part of the open space and park requirements. NTMWD has been agreeable to the use of trails along their easement even though no official documents have been executed. The amenity center will be constructed within the open space area but will not count toward open space requirements. Screening along Malone Road will be wrought iron and masonry No wood will be used on rear fence lines. Council asked that engineering be required to protect areas downstream. Bill Anderson explained the detention pond is on the outer areas of a static level lake area. MOTION: Upon a motion by Councilmember Folk and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission with the following additions: 1) Add the following to Section 2.13: Prior to the filing of the final plat for Phase 2 of this development or any phase which abuts the north east portion of this tract, a facilities agreement will be entered into that specifies the cost ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 PAGE 10 of construction of the road connection to the north, which exceeds the normal construction costs (i.e. box culverts, rip rap and head walls) and further specifies the cost sharing ratio of 1/3 to the landowner/developer of the subject tract, 1/3 to the landowner to the tract to the north and the remaining 1/3 will be the responsibility of the City, and provides for the escrow of the funds by the landowner/developer of the subject property; 2) Delineate on concept plan by color 7500/9000 square foot lots; 3) Define detention/retention ponds to have maintained water level; 4) Section 2.06 clubhouse structure not count as part of open space; and, 5) Concept plan of screening wall on Malone be attached as part of ordinance. The motion carried. Staff was requested to bring to Council City requirements of drainage downstream and were requested to pay special attention to drainage in this particular subdivision. Approve Amendments to Allen Station Park Master (Agenda Item XIII) Plan Sheila Condon of Clark Condon and Associates presented an update on the Master Plan of Allen Station Park. The update includes an enhanced entrance, which requires additional land acquisition along the south end. An emphasis was placed on a train depot with a train circling through the park. Other amenities included with Phase 11 are a teen park area with a skate -park, pond with a fishing pier and shelter, educational playground, pecan grove and small arboretum and park maintenance facility This represents about $9.5 million for this park phasing. Council was shown the proposed site for construction of the natatorium. MOTION: Upon a motion by Councilmember Owen and a second by Councilmember Gallagher, the Council voted six (6) for and none (0) opposed to approve the amendments to the Master Plan for Allen Station Park as recommended by City staff. The motion carried. Mayor Terrell took his place on the Council bench. Other Business (Agenda Item XIV) A. Governance Self -Evaluation B. Calendar February 24 Collin County Day in Austin March 26 Allen Chamber of Commerce Annual Banquet March 29 Triad Meeting (Tentative) C. Items of Interest City Secretary Judy Morrison presented information on several conferences of interest to Council sponsored by TML and TMRS. E P ALLEN CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 The Regular Session recessed at 10:25 p.m. PAGE 11 Executive Session (Agenda Item XV) 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 10:30 p.m. on Thursday, February 4, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Staff Briefing The Executive Session adjourned at 10:49 p.m. on Thursday, February 4, 1999 Reconvene and Consider Action on Items Discussed (Agenda Item XVI) During Executive Session The Allen City Council reconvened into regular session at 10:50 p.m. on Thursday, February 4, 1999, in the Council Chambers of the Allen Public Library (Agenda Item XVII) MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:50 p.m. on Thursday, February 4, 1999 The motion carried. These minutes approved on the 18th day of February, 1999 ATTEST: Jm Moir' n, CMC, CITY SECRETARY APPROVED: Stephen Terrell, MAYOR