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HomeMy WebLinkAboutMin - City Council - 1999 - 06/03 - RegularI ALLEN CITY COUNCIL REGULAR MEETING JUNE 3, 1999 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Banlemay 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 Announce a Ouorum is Present (Agenda Item q With a quomm of the Councilmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 6:50 p.m. on Thursday, June 3, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Aeenda (Agenda Item II) There was no discussion held regarding the current agenda. Items of Interest (Agenda Item III) • Y2K Update Assistant City Manager Michael Stanger reviewed the Y2K status for the City of Allen. The City's Cable TV channel will also be used to provide information to the public in addition to those presented. Council requested information on whether the City will be or will not be compliant If not, Council asked for details on plans to ensure compliance rather than details on contingency plans Council requested staff prepare an executive summary to address this issue. A question was raised regarding the fiscal impact to cover expenses if revenues are not received/processed due to a Y2K crisis. ALLEN CITY COUNCIL REGULAR MEETING JUNE 3, 1999 PAGE • Discussion of Construction of Left -Turn Lanes on McDermott Drive between Century Parkway and Ferris Drive City Engineer George Conner reviewed the need for construction of left -turn lanes on McDermott Drive at Century Parkway and Ferris Drive. Positive public relations needs to take place regarding the removal of the crepe myrtles' currently planted in the median. Policy Aeenda (Agenda Item IV) • Large Lots / Cost of Development Council set the date for the Special Called Workshop for July 24 to discuss the large lots issue. REGULAR MEETING With a quorum of the Councdmembers present, the regular session of the Allen City Council convened by Mayor Terrell at 7'40 p.m. on Thursday, June 3, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Consider All Matters Incident and Related to the General Election (Agenda Item V) Held on May 1, 1999 • Election of Mayor Pro Tem MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to remove this item from the table The motion carried. 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. However, Council had elected to postpone this action until all members of the Council were present Councilmember Gallagher nominated Councilmember Kerr as Mayor Pro Tem for the Allen City Council. With no other nominations from the Floor, a motion was made. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, 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. Public Recomition (Agenda Item VI) • Citizens' Comments Dale Holt, 607 Bush Drive, Allen, Texas, requested a reduction in her taxes. She discussed an incident that occurred where she had driven to the Police Department and used the emergency phone on the outside of the building to request assistance. She asked why the Police Department did not respond to her emergency situation. ALLEN CITY COUNCIL REGULAR MEETING JUNE 3, 1999 PAGE The City Manager and Police Chief will investigate the situation and provide their findings to Ms. Holt and Council. Consent Aeenda (Agenda Item VH) MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Owen, 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 May 20, 1999, Regular Meeting. B. Accept Resignations and Declare Vacancies on Various City Boards. Council accepted resignations from Philip Lakin, Jr. and Laurette Zamparelli and declared vacancies in Place No 7 on the Keep Allen Beautiful Board and Place No. 3 on the Parks and Recreation Board. C. Adopt a Resolution Amending Council/Staff Linkage Policy (CSL 4.3) Related to the Schedule for Internal Monitoring Reports. Resolution No. 17306-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Amending the Council's Governance Policies by Changing the Schedule for Monitoring the City Manager's Performance on Financial Planning; Clarifying the Council's Governance Policy for Monitoring the City Manager's Performance on Treatment of Citizens; and Providing an Effective Date. D Receive Tax Assessor -Collector's Report. The motion carried. (Agenda Item VIII) MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Fulk, 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 a Resolution Authorizing Execution of a Contract for Participation in Texas General Services Commission's Cooperative Purchasing Program. Resolution No. 1731-6-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing the City Manager to Execute Annual Contracts for Participation in the General Services Commission Cooperative Purchasing Program. ALLEN CITY COUNCIL REGULAR MEETING i JUNE 3, 1999 PAGE 4 B. Authorize Execution of an Agreement between the Allen Economic Development Corporation and the City of Allen for the Sale of Property Located Adjacent to and West of the Intersection of Main Street and McDermott Drive. Council authorized the City Manager to execute an agreement with the Allen Economic Development Corporation for the sale of 9,582 square feet of property located adjacent to and west of the intersection of Main Street and McDermott Drive for resale to Phillip and Karen Johnson for the appraised value of $50,000. C Authorize Execution of a Contract with Halff Associates for the Design of Suncreek Park. Council authorized the City Manager to negotiate and execute a contract with Halff Associates in an amount not to exceed $36,000 for the design of a neighborhood park to be located at the corner of Alma Drive and Tamm Drive, D Authorize Execution of an Agreement with the U.S. Department of Justice to Accept the COPS (Community Oriented Policing Services) Universal Hiring Supplemental Award of $450,000. Council authorized the City Manager to execute an agreement with the U.S. Department of Justice to accept the COPS Universal Hiring Supplemental Award of $450,000 funding the employment of six police officers at $75,000 per officer, spanning over a period of three years. The cost breakdown of grant funding is as follows (Federal/City): E. Authorize Execution of an Agreement with the U.S. Department of Justice to Accept the COPS (Community Oriented Policing Services) School -Based Partnerships '99 Award of $500,000 Council authorized the City Manager to execute an agreement with the U.S. Department of Justice to accept the non-matching COPS School -Based Partnership '99 Grant awarding of $500,000 for the employment of four police officers at $125,000 per officer, spanning over a period of three years. Upon the expiration of the grant, the Allen Independent School District has committed to funding 50% of all costs associated with the police officers hired under this grant Year I Year 2 Year 3 Year 4 Funding Rate 76% /24% 64% /36% 16% /84% 0%/100% (Federal / City) Federal Funding $210,012 $189,260 $50,700 $0 City Funding $66,318 $106,518 $266,178 $337,476 Total Cost $276,330 $295,878 $316,878 $337,476 (Salary &Benefits) E. Authorize Execution of an Agreement with the U.S. Department of Justice to Accept the COPS (Community Oriented Policing Services) School -Based Partnerships '99 Award of $500,000 Council authorized the City Manager to execute an agreement with the U.S. Department of Justice to accept the non-matching COPS School -Based Partnership '99 Grant awarding of $500,000 for the employment of four police officers at $125,000 per officer, spanning over a period of three years. Upon the expiration of the grant, the Allen Independent School District has committed to funding 50% of all costs associated with the police officers hired under this grant ALLEN CITY COUNCIL REGULAR MEETING JUNE 3, 1999 PAGE 5 F TABLED ITEM: Zoning Request for a Planned Development District for Single Family Residential for 15.06 Acres of Land Currently Zoned as an Agriculture -Open District Located North of Hedgcoxe Road and East of Nottingham Place. Council did not remove this item from the table G. Receive CIP (Capital Improvements Program) Status Report. The motion carried. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item UQ Ordinance for an Amendment to a Portion of Tracts 2 and 3 and Tracts 4 and 5 of Planed Development No. 46 for Community Facilities on 17.6 Acres of Land Located between SH 5 and Jupiter Road, South of the Proposed Extension of Prestige Circle as Requested by the Allen Church of Christ Planner Marcie Diamond reviewed the request to rezone the remaining 17.58±acres to a Community Facilities District to allow for the construction of the Allen Church of Christ The development of this property is required to provide for the extension of Prestige Circle from S.H. 5 to Jupiter Road. This will be the only collector road connecting these two thoroughfares between Bethany Drive and Main Street. To align this road to provide for the maximum utilization of the church property, the curve radii is less than required by the Subdivision Ordinance. However, the alignment does comply with the American Association of State Highway and Transportation Officials Standards and the City Engineer has approved the alignment subject to the written certification from a registered Professional Engineer In addition, the applicant is requesting a second waiver to the provisions of the Subdivision Ordinance. The applicant will dedicate the needed right-of- way for this roadway, but is requesting to be relieved of the expense of constructing this road. The Planning and Zoning Commission recommended approval of the request with the following revisions: 1) "A" of the Development Regulations be revised to read "The property will be developed GENERALLY in accordance with the Concept Plan attached to the Ordinance;" 2) Planned Development Regulations and the Thoroughfare Justification Study letter be attached to the Ordinance; 3) A vehicular deterrent on the south property line, which is not bounded by berm or parking lot, be constructed; and 4) Condition C 3 be revised to read "A facilities agreement be entered into prior to platting the property, which addresses the construction of Prestige Circle." Keith Maloney, 609 Quail Run, Allen, Texas, reviewed the proposed usage of the property A contingent from the church was present to show support for the project. Rex Taylor, 26 White Rock Trail, Lucas, Texas, Chairman of the facilities planning team, requested Council not require 51 % participation in the road as presented. The church would be willing to dedicate the land (approximately 90,000 square feet) to the City He requested consideration since platting looks nothing like the original Planned Development and other entities have been required to dedicate right-of-way and were excused from road construction costs. ALLEN CITY COUNCIL REGULAR MEETING i JUNE 3, 1999 I PAGE 6 Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Jun Orr, 3404 Broadview Court, McKinney, Texas, did not speak but wished his support be recorded. With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. Discussion was held regarding previous actions taken to place the partial roadway construction cost on this tract Council expressed concerns in passing the roadway costs on to the citizens of Allen rather than the parishioners of the Church although Council expressed sympathy for the Church A parishioner asked if it was in the City's best interest to build this roadway Council stated that it was. Ordinance No. 1732-6-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas Amending the Comprehensive Zoning Ordinance No. 1425-5-% and Zoning Map, as Previously Amended, by Amending Planned Development No. 46 (PD No.46), Ordinance No. 802-8-87, in Part to Grant a Change in Zoning for Tracts 2, 3, 4, and 5 from "PD" Planned Development for "Go" Garden Office District, "MF" Multifamily Residential District, and "CF" Community Facilities District Uses to "PD" Planned Development for "CF" Community Facilities District for 17.6 Acres in the William Perrin Survey, Abstract No 708, and the George W. Ford Survey, Abstract No. 328, City of Allen, Collin County, and being Further Described in Exhibit "H" Attached hereto; providing for development regulations, concept plan, and a landscape/screening plan attached Hereto as Exhibits "I", "J" and "K", Respectively; Providing a Repealing Clause; Providing a Severability Clause; Providing a Savings Clause; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1732- 6-99 as previously captioned and recommended. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JUNE 3, 1999 PAGE 7 Conduct a Public Hearing and Consider the Adoption of an (Agenda Item X) Ordinance for a Change in Zoning from Agriculture -Open to Single Family Residential and Community Facilities District for 203.39 Acres of Land Located Southeast of Malone Drive and Exchange Parkway as Requested by Haynes Development Company for the Angel Property Planner Marcie Diamond reviewed the request to place a Planned Development District for Single Family and Community Facility Uses on 203.30 acres of land The Planning and Zoning Commission recommended approval of the revised request with a requirement that a minimum of 1,800 square foot housing on both tracts be identified in the request City staff recommended approval of this request subject to the following: 1) The minimum lot size on both tracts be 7,500 square feet, while retaining 9,000 square foot lots along the eastern boundary adjacent to the very low density in the ETJ area to the east, resulting in a density of less than three dwelling units per acre: and 2) A stub out to street be added if future use dictates the need. Ron Haynes reviewed the background and proposed development of the Angel property Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time John Tucker, 635 Meadow Lane, Allen, Texas, asked that 20,000 square foot lots be required along the eastern boundary with a reduction from 16 lots to 8 lots He requested more expensive homes be placed along the eastern boundary and expressed concern regarding the drainage in the area. He also requested the City prepare a separate report regarding the drainage issues. With no one else speaking either for or against the request, Mayor Terrell closed the public hearing A question was raised regarding a policy for excess right-of-way offered to adjacent homeowners but refused. Council requested the proponent provide landscaping along the triangular open space and that it be maintained by the homeowners association It was noted that Angel Parkway is not the more of this roadway This could create a confusing item in the future with Malone, FM 2551 and Angel Parkway MOTION: Upon a motion made by Councilmember Fulk and a second by Mayor Pro Tem Kerr, the Council voted three (3) for and four (4) opposed with Mayor Terrell, Councilmembers Thomas, Gallagher and Owen casting the negative votes, to approve this item with the following amendments. 1) The lots (other than the eastern boundary) be a minimum of 7,500 square feet, 2) Lots along eastern boundary shall be a minimum of 18,000 square feet; 3) Trees along landscape buffer be 50 feet on center; 4) Elevation of wall to be part of the exhibits attached to the ordinance and be broken up with modifications to the design so it won't be one long strip; 5) All Open Space in Tract A adjacent to residential lots, if not accepted by the homeowners, become part of Tract 3A and be maintained by the homeowners association. The motion failed. I L ALLEN CITY COUNCIL REGULAR MEETING JUNE 3, 1999 PAGE 8 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 table consideration of this item. The motion carried. Other Business (Agenda Item XI) A. Accept Monitoring Reports • Compensation & Benefits Policy (EL 3.8) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Thomas, the Council voted seven (7) for and none (0) opposed to accept the internal monitoring report on Compensation and Benefits with the understanding that the City Manager's interpretations of our policy are reasonable, and that he has demonstrated successfully that the organization is in compliance with our policy as he has interpreted it. The motion carried. B. Governance Self -Evaluation The Governance Self -Evaluation was not held. Calendar • June 3 - Council Photo • June 4 - NCTCOG Luncheon - Hyatt Regency/DFW-West Tower • June 10 - CANCELLED - JOINT ALLEN ISD/COUNCIL MEETING • June 12 - City Bond Election • June 26 - Allen USA Celebration at Allen Station Park • June 28 - Legislative Briefing - Austin, Texas • August 13-15 - Budget Workshop D. Items of Interest There were not items of interest. The Regular Session recessed at 11 25 p.m. Executive Session (Agenda Item XH) 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 1127 p.m. on Thursday, June 3, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to Property - Consider Purchase of a 49 -Acre Tract of Land Described as the Southwest Corner of Main Street and Allen Drive r ALLEN CITY COUNCIL REGULAR MEETING ,TUNE 3, 1999 PAGE Staff Briefing - Update by Chief Rushing on Bomb Threats and Security Program involving Allen Independent School District The Executive Session adjourned at 12.30 a m, on Friday. June 4, 1999 Reconvene and Consider Action on Items Discussed During (Agenda Item XIII) Executive Session The Allen City Council reconvened into regular session at 12:31 a in. on Friday, lune 4, 1999, in the Council Chambers of the Allen Public Library MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute an agreement for the purchase of the Armstrong property for $100,000 plus closing costs. The motion carried. (Agenda Item XIV) 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 adjourn the regular session of the Allen City Council at 12.32 a.m. on Friday, June 4, 1999 The motion carried. These minutes approved on the 17th day of lune, 1999 ATTEST: Jr y Mor on, CMC, CITY SECRETARY APPROVED: f-? Stephen Terrell, MAYOR