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HomeMy WebLinkAboutMin - City Council - 1999 - 08/19 - RegularALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 Present: Stephen Terrell, Mayor Councihuembers• David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher (absent) 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 Announce a Ouorum is Present (Agenda Item 1) 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 6:47 p.m. on Thursday, August 19, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Agenda (Agenda Item II) There was no discussion regarding the current agenda. Items of Interest (Agenda Item III) • Discussion regarding an Economic Development Incentive Package Supporting a Proposed 418,000 Square Foot Retail Center Proposed by Chelsea GCA Realty Economic Development Director David Pitstick recapped the proposal suggested for the Chelsea GCA Realty development and discussed the following points: • Economic Development Grant and terms. • Sales tax rebate incentives. • Infrastmcmre improvements. Robin Welsh with Chelsea GCA Realty along with Economic Development Board Members E. T Boon, Jim Brazeal and Chuck Williams were present A ALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 PAGE • Discussion Regarding The Water Master Plan and The Impact Fee Study Gary Hendricks, Shimek, Jacobs & Fuiklea, L.L.P., reviewed the Long -Range Water Distribution System Master Plan for the City of Allen. (Agenda Item IV) There were no policy agenda items. REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council convened by Mayor Terrell at 7.41 p.m. on Thursday, August 19, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Public Recognition (Agenda Item V) • Administer Oaths -of -Office and Present Certificates -of -Appointment to Reappointed and Newly Appointed Members of Various City Boards. City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed and reappointed members of the Allen Arts Alliance, Board of Adjustment, Cable TV & Telecommunications Advisory Committee, Allen Community Development Corporation, Allen Economic Development Corporation, Keep Allen Beautiful Board, Library Board, Parks and Recreation Board, Planning and Zoning Commission and Sign Control Board. Allen Arts Alliance Expiration Date Place No. 1 - Danny McLarty September 30, 2001 Place No. 3 - Lori Martens Fairchild September 30, 2001 Place No. 5 - Teresa McKeown September 30, 2001 Place No. 7 - Evelyn Dawson September 30, 2001 Board of Adiustment Expiration Date Place No. 1 - Ed McRoy September 30, 2001 Place No. 3 - Robert Moreno September 30, 2001 Place No 5 - Jeff Cocking September 30, 2001 Alternate Place No. 1 - James Willis September 30, 2001 Alternate Place No. 2 - Alex Kirk September 30, 2000 Cable TV & Telecommunications Advisory Committee Expiration Date Place No. 1 - Douglas Dreggors September 30, 2001 Place No. 3 - Donald Wing September 30, 2001 Place No. 5 - William Kapka September 30, 2001 Place No. 7 - Steven Knaack September 30, 2001 Ix A I ALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 Allen Community Development Corporation Expiration Date Place No. 1 - Lee Howard September 30, 2001 Place No. 3 - Robin Sedlacek September 30, 2001 Place No. 7 - Lonnie Thomas September 30, 2001 Allen Economic Development Corporation Expiration Date Place No. 3 - E. T Boon September 30, 2002 Keep Allen Beautiful Expiration Date Place No. 2 - Amy N. Smith September 30, 2000 Place No. 3 - Sheila Dauth September 30, 2001 Place No. 5 - Lonnie Simmons September 30, 2001 Place No. 7 - Audrey Smyth September 30, 2001 Library Board Expiration Date Place No. 1 - Donna Drews Vanous September 30, 2001 Place No. 3 - Marybeth Bonczek September 30, 2001 Place No. 4 - Cindy Wynn -Sangster September 30, 2000 Place No. 5 - John Ross September 30, 2001 Place No. 7 - Cal Calvin September 30, 2001 Parks and Recreation Board Expiration Date Place No. 1 - Ben Ferguson September 30, 2001 Place No. 3 - Vicki Wester September 30, 2001 Place No. 5 - Scott Neice September 30, 2001 Place No. 7 - Cheri Jones September 30, 2001 Planning and Zoning Commission Expiration Date Place No. 1 - Alan Grimes September 30, 2001 Place No. 3 - Jeff McGregor September 30, 2001 Place No. 5 - Kevin Kerr September 30, 2001 Place No. 7 - Randel West September 30, 2001 Sign Control Board Expiration Date Place No. 1 - Ray Lewis September 30, 2001 Place No. 3 - Jerry Higgins September 30, 2001 Place No. 4 - Melanie Jones September 30, 2000 Place No. 5 - Griff Moore September 30, 2001 PAGE 3 Mayor Terrell presented those attending a Certificate -of -Appointment certifying their new position and expressed a welcome and a sincere thanks to the members who are serving their community Several members were not able to attend the Council meeting and will receive their Oaths -of -Office and Certificates -of -Appointment at a later time ALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 PAGE 4 • Citizens' Comments Mike Buckley, 9 Highpoint Drive, Allen, Texas, requested an explanation as to why his neighborhood had not been provided water since it was annexed into the City of Allen. City staff explained that in order for the City to provide water service, each resident would have to provide an easement along their property (Agenda Item VI) MOTION: Upon a motion made by Councilmember Bardemay and a second by Councilmember Owen, 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 August 5, 1999, Regular Meeting. B. Set August 30, 1999, as the Rescheduled Public Hearing Date Regarding the Fiscal Year 1999-2000 City Tax Rate and Take a Record Vote of the Proposed Tax Rate. C. Accept Resignations and Declare Vacancies on Various City Boards. Council accepted the resignations of Allen Arts Alliance member Barbara Eubanks and Sign Control Board member Fritz Dietrich and declared vacancies in Place No. 2 of the Allen Arts Alliance and Place No. 4 of the Sign Control Board. D Receive Tax Assessor -Collector's Report The motion carried. Statutory Aeenda (Agenda Item VII) MOTION: Upon a motion made by Councilmember Fulk, the Council removed the following items from the Statutory Agenda: E. TABLED ITEM Authorize Execution of a Contract with J. L. Hammett for the Provision of Auditorium Seating for the Council Chambers in the new City Hall. H. Authorize Execution of a Contract with Black & Veatch LLP, in the Amount of $52,000 for Engineering Services for the Design of Emergency Generators for Wastewater Lift Stations and Set a Budget of $245,000 for Acquisition and Installation of Two Portable Emergency Generators. K Approve a Variance to the 100 -foot Setback Requirement for a Class 6 Freeway Sign for the Twin Creeks Village Retail Center for Property Located North of the Northwest Corner of US 75 and McDermott Drive. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 PAGE 5 L. Approve a Variance to Mr. Doug Locke, Harley-Davidson of Dallas, to Locate a Class 5 Sign at a Height of 20 Feet above Freeway Grade and to Allow a Total Size of 110 Square Feet for Signage on Property Located West of US 75 between McDermott Drive and Bethany Drive. MOTION: Upon a motion made by Councihnember Banlemay and a second by Councilmember Fulk, the Council voted six (6) 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 Changing the Zoning from Agriculture -Open Space to a Planned Development District for Multi -Family Uses on 21.84 Acres of Land Located on SH 5, North of Chaparral Road as Requested by Green & Associates for the Chaparral Crossing Apartments. Ordinance No. 1751-8-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously Amended, by Granting a Change in Zoning from Agriculture -Open Space to Planned Development District for Multi -Family Residential Uses by Approving Planned Development District No. 84, for 21.84 Acres in the MCBein Jamison Survey, Abstract No. 491, City of Allen, Collin County, Texas, and Being Further Described in Exhibit "A" Attached Hereto; Providing for Development Regulations, Concept Plan, Building Elevations, Elevations for East Property Line, Site Section at East Property Line and Fence Detail, Attached Hereto as Exhibits `B," °'C," "D," "E," "F" and "G" 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. B. Adopt Amendments to Chapter 8, Article 111, of the Code of Ordinances Transferring Responsibility for Issuance of Solicitor Permits from the City Secretary to the Police Department. (1) Adopt an Ordinance Amending Chapter 8, Article 111, Sections 8-76, 8-77, 8-79(a) to Provide Application to and Issuance of Solicitor Permits. Ordinance No. 1752-8-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Chapter 8, Article III, Sections 8-76 and 8-79(A) to Provide for Application to and Issuance of Solicitor's Permit from the Police Chief or Designee; Amending Section 8-76 to Delete Subsection (12); Amending Section 8-77 to Provide for Permit Fees to be Established by Resolution of City Council; Providing for a Severability Clause; Providing for a Repealing Clause; Providing for a Savings Clause; Providing for a Penalty not to Exceed the Sum of Five Hundred Dollars ($500); and Providing for an Effective Date. ALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 PAGE 6 (2) Adopt a Resolution Establishing Permit Fees and Other Charges for Solicitor Permits Resolution No. 1753-8-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Establishing Permit Fees and Other Charges for Solicitor's Permits Authorized by Chapter 8, Article III of the Code of Ordinance; and Providing an Effective Date. C. Adopt an Ordinance Amending Chapter 4, Buildings and Building Regulations, to Add Article III, Establishing a Building and Standards Commission and Procedures, and Amending Chapter 6, Article IV, Property Maintenance Code, Amending the Definitions and Establishing Provisions for Unsafe Buildings. Ordinance No. 1754.8-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Chapter 4, Buildings and Building Regulations to add Article IH Establishing a Building and Standards Commission and Procedures; Providing for Notice and Review; Amending Chapter 6, Article IV, Property Maintenance Code, Amending the Definitions; Providing for the Vacating, Securing, Repairing, Removal or Demolition of Unsafe Buildings and Relocation of Tenants; Providing for Notice and Hearing; Providing for Civil Penalties, Liens and Injunctive Relief; Providing for a Severability Clause; Providing for a Savings Clause; Providing for a Repealing Clause; El 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. D TABLED ITEM Authorize Execution of a Joint Use Agreement with Allen Independent School District for the Development of the Allen Natatorium. This item was not removed from the table. F Authorize Execution of a Contract with Halff Associates, Inc., in the Amount of $23,525 for Engineering Services for the Design of an 18-mch Water Line Located within Alma Drive. Council authorized the City Manager to execute a contract with Halff Associates, Inc., for $23,525 to design an 18 -inch water line for placement within Alma Drive and set a budget of $225,000. G. Award Bid and Authorize Execution of a Contract to Triple S Construction in the Amount of $95,000 for the Replacement of a 6 -inch Water Line on Bonham Drive. Council authorized the City Manager to execute a contract with the low -bidder, Triple S Construction, for the replacement of a 6 -inch water line on Bonham Drive and set a budget of $95,000. I Authorize Execution of a Contract with HNTB Corporation in the Amount of $12,392 for Engineering Services for the Construction of a Traffic Signal at McDermott Drive and Century Parkway I ALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 PAGE Council authorized the City Manager to execute an engineering contract with the HNTB Corporation for $12,392 for the traffic signal installation at McDermott Drive and Century Parkway and set a budget of $130,000. Authorize Execution of a Lease Agreement with Southwestern Bell Wireless, Inc., for Antennae Installation on the Custer Water Tower. Council authorized the City Manager to execute a lease agreement with Southwestern Bell Wireless, Inc., for antennae installation on the Custer Water Tower for $12,000 a year with a 5 % increase each year. M. Set September 16, 1999, as the Public Hearing Date for the Impact Fee Land Use Assumptions and Review the Requirements of the Capital Improvements Advisory Committee N. Receive CIP (Capital Improvements Program) Status Report. The motion carried E. TABLED ITEM. Authorize Execution of a Contract with J. L. Hammett for the Provision of Auditorium Seating for the Council Chambers in the new City Hall. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to remove Item E from the table for consideration. The motion carried. MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Bardemay, the Council voted six (6) for and none (0) opposed to authorize the City Manager to execute a contract with J. L. Hammett for $26,891 for the provision for auditorium seating, model number 11603 Springfield Chair, for the Council Chambers in the new City Hall. Council requested a unique "Allen' end panel be designed for installation at a future date. The motion carried. H Authorize Execution of a Contract with Black & Veatch LLP, in the Amount of $52,000 for Engineering Services for the Design of Emergency Generators for Wastewater Lift Stations and Set a Budget of $245,000 for Acquisition and Installation of Two Portable Emergency Generators. No action was taken on this item. K. Approve a Variance to the 100 -foot Setback Requirement for a Class 6 Freeway Sign for the Twin Creeks Village Retail Center for Property Located North of the Northwest Corner of US 75 and McDermott Drive ALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 PAGE 8 MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Falk, the Council voted six (6) for and none (0) opposed to table consideration of the above mentioned item requesting staff review platting a "Bag lot" sign. The motion carried. L. Approve a Variance to Mr. Doug Locke, Harley-Davidson of Dallas, to Locate a Class 5 Sign at a Height of 20 Feet above Freeway Grade and to Allow a Total Size of 110 Square Feet for Signage on Property Located West of US 75 between McDermott Drive and Bethany Drive. Council allowed several residents to speak regarding this item. Sandy Sanders, 920 Tyler, Allen, Texas, stated that she felt that now was not the time to make exceptions to the sign ordinance. The purpose of the sign ordinance is for Allen to grow in a neat and orderly fashion. Mike Lesko, 1428 Capstan, Allen, Texas, read a portion of a letter sent to Council by Beverly Coghlan. Discussion was held regarding the placement and size of the requested sign. MOTION: A motion was made by Councilmember Bartlemay to confirm the action of the Sign Control Board as recommended. The motion died for lack of a second MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Falk, the Council voted two (2) for and four (4) opposed to deny the variance as requested. The motion failed. MOTION: A motion was made by Councilmember Bartlemay to confirm the action of the Sign Control Board with a total size of 110 square feet for signage. The motion died for lack of a second. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Kerr, the Council voted five (5) for and one (1) opposed with Mayor Terrell casting the negative vote, to table consideration of this item and requested the proponent to: 1) reconsider the sign placement on the site and size of the sign; 2) provide a profile of the sign with respect to freeway lines, and 3) show a hardship on property The motion carried. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item VIII) Ordinance for a Change in the Zoning from Agriculture -Open Space to a Planned Development District for Single Family Residential and Community Facility Uses for a Public Park further Described as 110.7 Acres of Land Located South of Stacy Road between Malone Road and FM 1378 as Requested by the Skorburg Company Planning Director Marina Sukup reviewed the request to place Planned Development zoning for single family residential and community facility uses on 110 7 acres of land. The Planning and Zoning Commission ALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 PAGE recommended approval of the request subject to the minimum lot size to Tract 1 begin 8,000 square feet and the minimum lot size in Tract 4 being 40,000 square feet. Jeff Miles, with Jones and Boyd, requested approval of the request. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time Ed Wheeler, 1806 E. Stacy Road, Allen, Texas, questioned the density on the tracts in this request. Ken Keisling, Rock Ridge Road, Allen, Texas, requested the entire tract be zoned R-4 With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. Dick Skorburg, with the Skorburg Company, stated that the request is compliant with the overall density of the Comprehensive Plan. He stated that berms and evergreen plantings will be used to provide a buffer along the eastern property line. MOTION: Upon a motion made by Councilmember Fulk and a second by Councdmember Thomas, the $ Council voted six (6) for and none (0) opposed to approve zoning with the following amendments: 1) a screening wall plan be submitted to staff showing architectural enhancements; 2) east/west collector street be aligned according to staffs recommendation; 3) Tract 1 be a minimum lot size of 9,000 square feet; 4) total cap of 237 units; 5) Tract 4 have a minimum of l l lots at 40,000 square feet; 6) Tract 3 have a minimum of 29 lots at 12,000 square feet; 7) berm enhancements be added along the eastern portion of Tract 4 adjacent to the existing homes to County Brook Estates. The motion carried. Other Business (Agenda Item IX) A. Accept Monitoring Reports No monitoring reports were received by Council. B. Governance Self -Evaluation The Governance Self -Evaluation was not conducted Calendar • August 17 - Public Hearing on the Budget at 7'00 p m./Council Chambers • August 30 - Public Hearing on the Tax Rate at 7:00 p.m./Council Chambers • October 25 - Joint AISD/Council Meeting November 17 thru 20 - TML Annual Conference/Dallas December 1 - Board/Commission Appreciation Dinner • December 10 - Employee Awards Dinner I ALLEN CITY COUNCIL REGULAR MEETING AUGUST 19, 1999 PAGE 10 D Items of Interest There were no items of interest. Executive Session (Agenda Item X) The Executive Session was not held. Reconvene and Consider Action on Items Discussed During (Agenda Item XI) Executive Session No action was taken. Adiourn (Agenda Item XII) MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:56 p.m. on Thursday, August 19, 1999 The motion carried. These minutes approved on the 2nd day of September, 1999 APPROVED: Stephen Terrell, MAYOR ATTEST: J y Mo n, CMC, CITY SECRETARY