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Home My WebLink AboutMin - City Council - 1999 - 03/18 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 18, 1999 Present: Stephen Terrell, Mayor Comcilmembers• David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay Kenneth Fulk Melissa Owen City Staff: Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, City Attorney DINNER AND PRE -MEETING WORKSHOP Call to Order and Amounce a Oummu is Present (Agenda Item 1) With a quorum of the Councihnembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 6:28 p.m. on Thursday, March 18, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Agenda (Agenda Item 11) • Presentation by Ron Hobbs, Architect, regarding the Plans for the City Council Chambers of the new City Hall Mr. Hobbs reviewed the basic design of the Council Chambers including security and access. Council requested an additional exit be located at the north end of the Council Chamber for safety reasons. • Discussion was held on Statutory Agenda Item VII -B regarding the adoption of an Ordinance for Planned Development Single Family Residential Zoning on 43.79± acres of land. A revised copy of Exhibit "B" was distributed to Council for consideration as part of the Ordinance. ALLEN CITY COUNCIL REGULAR MEETING MARCH 18, 1999 PAGE 2 Items of Interest (Agenda Item III) • Review of DRAFT Joint Use Agreement for Natatorium - Don Horton, Director of Parks and Recreation Dwayne Brinkley with Brinkley Sargent Architects reviewed the concept plan which was included as part of the agreement with the Allen Independent School District (AISD). He showed two bodies of water with a cardio -vascular weight room and a multi-purpose room. The recapture rate of this project is estimated at approximately 86 %. A schedule was presented showing how AISD monies could blend into the project. Council suggested that consideration be given to moving the completion date forward for the natatorium provided the City would receive reimbursement for expenses from AISD when bond monies are sold in 2001. Another suggestion was to use Community Development Corporation funding for a bridge loan. Council requested that the facility have an "outdoor" atmosphere surrounding the pool areas. Council asked for additional infrastructure costs on the property so a final decision can be made on this site. • Touch -Screen Voting System - Judy Morrison, City Secretary City Secretary Judy Morrison informed Council that the touch -screen voting system would be used in the upcoming bond election this June. Representatives of Global Elections Systems of McKinney provided an introduction to the touch -screen voting system. Policy Aeenda (Agenda Item IV) • Quality of Life Policy- Documentation and DRAFT Ends Statement ♦ Larger Lots and Cost of Development A report was included in the Council packet. No action was taken on this item. The workshop session recessed at 7:38 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 7:45 p.m, on Thursday, March 18, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Public Recosoition (Agenda Item V) • Citizens' Comments City Secretary Judy Morrison administered the Oath -of -Office and Mayor Terrell presented a Certificate - of -Appointment to Municipal Court Judge Linda Hopper. ALLEN CITY COUNCIL REGULAR MEETING MARCH 18, 1999 PAGE 3 (Agenda Item VI) 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) to approve the Minutes of the March 4, 1999, Regular Meeting. The motion carried. (Agenda Item VII) MOTION: Upon a motion made by Councilmember Gallagher and a second by Councihnember Owen, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Statutory Agenda as recommended and as follows: A. Adopt an Ordinance to Allow the City Manager to Authorize Reimbursement Agreements (ProRata) under $50,000. Ordinance No. 1698-3-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Authorizing the City Manager to Approve Pro -Rata Requests Under $50,000; Providing for a Severability Clause; and Providing an Effective Date. B. Adopt an Ordinance Confirming Action of City Council on March 4, 1999, for a Zoning Request for Planned Development Zoning (Changed from a Less Restrictive Zoning to a More Restrictive Zoning) from Agricultural/Open Space and Planned Development 25 to a Planned Development Single Family Residential Zoning on 43.79± Acres of Land Located North of Exchange Parkway at the Exchange Parkway and Allen Heights Intersection for Allen North Addition Phase Five. Ordinance No. 1699-3-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas Amending Comprehensive Zoning Ordinance No. 1425-5-% and Zoning Map, as Previously Amended, by Granting a Change in Zoning from Planned Development No. 25 and Agriculture -Open Space (AO) to Planned Development District Single Family by Approving Planned Development No. 80 for 43.79 Acres in the James Roberts Survey, Abstract No. 777, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached Hereto; Approving the Development Regulations and Concept Plan Attached Hereto as Exhibit "B" and Exhibit "C" Respectively; 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 for an Effective Date of Said Ordinance. C. Adopt a Resolution Designating Current Investment Officers for the City of Allen Resolution No. 1700.3-99(R): A Resolution of the City Council of the City of Allen, Collin �County, Texas, Designating a Primary Investment Officer and a Secondary Investment Officer and Authorizing these Individuals to Invest, Transfer, Withdraw, Deposit or Manage Foods for the City of Allen. E ALLEN CITY COUNCIL REGULAR MEETING MARCH 18, 1999 PAGE 4 D. Approve the Plans for the City Council Chambers of the new City Hall as presented by Ron Hobbs, Architect. E. Receive CIP (Capital Improvements Program) Status Report. The motion carried. TABLED ITEM: Consider the Approval and Adoption of an (Agenda Item VIII) Ordinance for a Planned Development District for R-5 Single Family Residential, Situated on 32.152± Acres of Land Located North of Exchange Parkway and East of City Road 146 for Wynne/Jackson, Inc. (Fitz-Gerald/Wolfe Property) 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 remove this item from the table. The motion carried. Planner Marcie Diamond informed Council she had met with the proponent to discuss a mutually agreeable alternative allowing for a single loaded street while preserving as many trees as possible. The revised Concept Plan accomplishes the City Council's objective by providing for a single loaded street adjacent to floodplain. While some tree loss will occur with the placement of the street, a greater number of large trees will be preserved with the revised plan. Frank Murphy, proponent, distributed a copy of the approved preliminary plat for The Crossing at Waterford and a copy of the potential realignment of Creek Way Drive at Surrey Lane. He presented information on the calculations used for tree preservation. The revised Concept Plan removes 13 additional trees averaging 10" per tree allowing for five trees averaging 20" per tree to be saved. Ordinance No. 1701-3-99. An Ordinance of the City Council of the City of Allen, Collin County, Texas Amending Comprehensive Zoning Ordinance No. 1425-5.96 and Zoning Map, m Previously Amended, by Granting a Change in Zoning from Agriculture -Open Space (AO) to Floodplain Plarmed Development -Residential -5 (R-5) by Approving Planned Floodplain Development—No. 79 (FP -PD -No. 79) for 32.152 Acres in the Henry Brandenburg Survey, Abstract No. 110, and the J. W. Parsons Survey, Abstract No. 705, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached Hereto; Providing for Development Regulations and Concept Plan Attached Hereto as Exhibits "B" and Exhibit "C", Respectively; Providing for a Repeating Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine not to Exceed the Som of Two Thousand Dollars ($2,000) for Each Offense; and Providing for the Effective Date of Said Ordinance. ALLEN CITY COUNCIL REGULAR MEETING Ell MARCH 18, 1999 PAGE 5 MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 1701-3-99 as previously captioned. The motion carried. Conduct a Public Hearing and Consider the Approval and (Agenda Item M Adoption of an Ordinance for Proposed Amendments to Section 2.10, Definition No. 67 and Section 3.10 for Home Occupations of the Comprehensive Zoning Ordinance Planner Marcie Diamond reviewed for Council the first recommendation of the Ad Hoc Committee Recently, she presented these recommendations to the Allen Chamber of Commerce's Home Based Business Subcommittee. A letter was received today from the Chamber requesting Council table consideration of this item to a later date to allow further study of the impact of this revision. Council discussed the entire concept of home based businesses. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Stephen Lunsford, 1100 Brookview Drive, Allen, Texas, did not speak but wished to have his opposition to the proposed ordinance recorded. Kum Layton, 811 Aylesburg, Allen, Texas, hoped to meet with the subcommittee, Council, Planning and Zoning Commission and Chamber to discuss this further. She would like to see the delineation of home based businesses operating 365 days a year and the occasional garage sale. The ideas and comments gathered by various members of Council and Chamber of Commerce need to be given to the Ad Hoc Committee prior to the 7:30 a.m. March 30 meeting. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to continue the Public Hearing until the April 15, 1999, regular meeting. The motion carried. Council felt that the City needs to determine what type of Ordinance is appropriate and whether to enforce it on a complaint only basis. Other Business (Agenda Item X) A. Accept the Results of the 1997-98 Comprehensive Annual Financial Report as Presented by KPMG Peat Marwick, LLP Bill Hanley, partner with KPMG, covered a few topics in this year's audit. He reviewed ways to improve internal control including the following: Year 2000 Contingency Plans, Investment 0 ALLEN CITY COUNCIL REGULAR MEETING MARCH 18, 1999 PAGE Policy, Reimbursement Billings, and Fixed Assets. The City should consider allocating the cemetery trust funds in a proper manner to zero out those funds if possible. It is imperative that the "qualified' report be removed to ensure no impact on future bond ratings. 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 accept the 1997-98 Comprehensive Annual Financial Report. The motion carried. $20,500,000 B. Accept Monitoring Reports • Safety Policy (Ends 1.1) MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to accept the Safety Ends monitoring report as submitted and dated March 12, 1999 The motion carried. C. Governance Self -Evaluation D. Calendar • Chamber of Commerce Banquet - March 26 • TRIAD Meeting - March 29 E. Items of Interest • land Use Conference - April 9 in Houston • Overview of Planning and Zoning for Mayors and Councilmembers at NTCOG - lune 18 • Southwest Legal Foundation Short Course for Planning and Zoning for Public Officials - May 28 at the Omni • Council Discussion on Proposed Capital Improvement Projects (CIP) Council agreed that at least a four -cent tax increase would be acceptable to meet the growing needs of the community through this CIP bond process. To prevent confusion, project information provided to the public should not be specific. The working totals for the projects are listed below, PROJECT DESCRIPTION WORKING TOTALS Proposition - Library and Arts $3,750,000 Proposition - Police and Courts $3,600,000 Proposition - Fire $4,900,000 Proposition - Streets $20,500,000 Proposition - Drainaa $1,500,000 Proposition - Parks and Recreation $22,100,000 Proposed Total of Projects $56,350,000 L 0 ALLEN CITY COUNCIL REGULAR MEETING MARCH 18, 1999 PAGE 7 Council directed the City Manager to provide a report on the effect of the costs associated with land acquisition, square footage and usage on the tax rate if the City were to speed completion of the natatorium project. The Regular Session recessed at 10:11 p.m. Executive Session (Agenda Item XI) 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 11.15 p.m. on Thursday, March 18, 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 - Hotel Prospect • Personnel - Board Appointments to Community Development Corporation (CDC) and Allen Economic Development Corporation (AEDC) The Executive Session adjourned at 11.19 p.m. on Thursday, March 18, 1999 Reconvene and Consider Action on Items Discussed During (Agenda Item XII) Executive Session The Allen City Council reconvened into regular session at 11.20 p.m. on Thursday, March 18. 1999, in the Council Chambers of the Allen Public Library MOTION: Upon a motion by Councilmember Thomas and a second by Councilmember Banlemay, the Council voted seven (7) for and none (0) opposed that nominations cease and that Steve Matthews be appointed to Place No. 4 on the Allen Economic Development Corporation Board. The motion carried MOTION: Upon a motion by Councilmember Thomas and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed that nominations cease and that Jeff Gough be appointed to Place No. 5 on the Allen Community Development Corporation Board. The motion carried. (Agenda Item XII) 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 adjourn the regular session of the Allen City Council at 12:28 a.m. on Friday, March 19, 1999 The motion carried. ALLEN CITY COUNCIL REGULAR MEETING MARCH 18, 1999 These minutes approved on the 1st day of Anril, 1999. ATTEST: �A(.,tti. 0 i t d2t,ca 0�-- Ju Morr' n, CMC, CITY SECRETARY 0 APPROVED: Stephen Terrell, MAYOR PAGE 8