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Min - City Council - 1991 - 06/06 - RegularALLEN CITY COUNCIL REGULAR MEETING JUNE 6, 1991 Present: Joe Farmer, Mayor Council Members: Kevin Lilly Mickey Christakos David Bishop Mike Nichols Steve Terrell Gary Edstrom, Mayor Pro Tem City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary WORKSHOP SESSION - 7:00 P.M. With a quorum of the Council Members present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 7:04 p. m. on Thursday, June 6, 1991, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. There was no discussion on this agenda item. Mayor Farmer reviewed Agenda Item VI, Citizen's Comments. No one was aware of any citizens to be present for the meeting this evening. Mayor Farmer reviewed Agenda Item VII, Present Plaque for Appreciation to Melissa Owen, Planning and Zoning Commission, Place No. 3. City Secretary, Judy Morrison, informed the Council that Melissa Owen will be present to receive her plaque this evening. The Mayor will present the plaque to Melissa Owen. Mayor Farmer reviewed Agenda Item VIII, Public Hearing on a Request for Specific Use Permit for Gasoline Sales and Site Plan Approval for a Convenience Store and Repeal Existing Specific Use Permit on Property Located at the Southwest Corner of S.H. 5 and L F.M. 2170 as Requested by Gary DeVleer and Consider an Ordinance Effecting this Change. This property is located at the corner of S. H. 5 and F. M. 2170. Approximately .9 acres of the land is available for development and is not in the floodplain area. E ALLEN CITY COUNCIL WORKSHOP SESSION JUNE 6, 1991 PAGE 2 Discussion was held regarding the location of the dumpster which will be outside of the floodplain area. All required landscaping will be sprinklered at this site. Mayor Farmer reviewed Agenda Item IX, Authorize Solicitation of Bids for Phase IA Improvements to the Special Use Facility. Lloyd Lentz will be available to present information regarding Phase IA of the bid specifications. Discussion was held regarding the progress of Phase IA and Phase 1B. These two phases will appear to coincide. However, Phase IA will fulfill all state grant requirements. Mayor Farmer discussed Agenda Item X, Distribute the Final Version of the City of Allen Employees Personnel Policies and Procedures Manual. This copy of the procedure manual has been reviewed by the attorney and he has added information that Council had not seen before. This information is underlined or bracketed. Since the manual has been thoroughly discussed by Council and several new Councihnembers have been appointed since this discussion period, the City Manager invited all those who had an interest to review the manual, to contact him and he would be happy to go over it with them. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:30 p.m. on Thursday, June 6, 1991. REGULAR SESSION - 7:30 P.M. f With a quorum of the Councilmembers present, the regular session of the Allen City fid Council was called to order by Mayor Farmer at 7:35 p.m. on Thursday, June 6, 1991, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item V) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, 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. Approval of City Council Minutes of May 16, 1991 - Regular Session. B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: BWI-Dallas Ft. Worth, Inc. $789.87 For: Mulch Grass on Keith (Parks and Recreation pays 1/2, Public Works pays 1/2) 1985 Street Bond Funds Period: Thru May 15, 1991 ALLEN CITY COUNCIL REGULAR SESSION JUNE 6, 1991 PAGE 3 2. Texas Environmental Management, Inc. $497.04 For: Application of Broadleaf and Grassy Weed Control, Reseed Bare Areas with Common Bermuda Seed 1985 Street Bond Funds Period: Thru May 8, 1991 3. Farris Concrete $418.50 For: Concrete for Watson/Cedar 1985 Street Bond Funds Period: Thru May 17, 1991 4. J&H Tandem Division $5,872.00 For: Trucking Services - Hourly Hauling rock on Malone l Exchange 1985 Street Bond Funds Period: May 7 thru 11, 1991 5. J&H Truck Service, Inc. $2,576.00 For: Trucking Services - Hourly Hauling rock on Malone/Exchange 1985 Street Bond Funds Period: May 13 thru 14, 1991 6. U.S. Rentals $1,475.20 For: Rental of Sheepsfoot Rollers and Equipment Move 1965 Street Bond Funds Period: May 7 thru May 14, 1991 C. Approve Resolution Appointing a Representative to Calculate and Publish the City's Effective and Rollback Tax Rates for the 1991 Tax Year. D. Approve an Ordinance Annexing a 49.562 Acre Tract Located at the Northeast Corner of the Intersection of Allen Heights Drive and Bethany Road as Requested by the Parks and Recreation Department. E. Award Bid, Authorize Execution of Contract for Services and Approve Budget for Residential Asphalt Street Slurry Seal Program. • Bid Award: Young Brothers, Inc. Slurry Seal Project $106,294.50 Contract Amount 13,705.00 Contingency & Testing $120,000.00 Total �y • Authorized City Manager to enter into contract. I ALLEN CITY COUNCIL REGULAR SESSION JUNE 6, 1991 PAGE 4 The motion carried. End of Consent Agenda Citizens' Comments (Agenda Item VI) There were no citizens' comments at this time. Present Plaque of Appreciation to Melissa Owen, Planning h Zoning Commission, Place No. 3. (Agenda Item VII) Mayor Farmer presented a plaque of appreciation to Melissa Owen for her years of service with the Planning and Zoning Commission (June 1986 - May 1991) and extended the gratitude of the Council for her services in this capacity. Public Hearing on a Request for Specific Use Permit for Gasoline Sales and Site Plan Approval for a Convenience Store and Repeal Existing Specific Use Permit on Property Located at the Southwest Corner of S.H. 5 and F.M. 2170 as Requested by Gary DeVleer and Consider an Ordinance Effecting tbis Change (Agenda Item VIII) The property in question is located at the southwest corner of S. H. 5 and F.M. 2170. The entire site is currently in the floodplain but with the reconstruction of S.H. 5, the bridge will be raised which will take approximately .9 acres out of the flood plain. This acreage will be used for development. A specific use permit for this piece of property was issued in November, 1987, for tires, batteries and accessories. A repeal of the existing specific use permit is in order since the proponent is requesting a specific use permit for gasoline sales in conjunction with a convenience store. The engineer for the State Department of Highways and Public Transportation has indicated that an additional twenty feet (20') of right-of-way is needed from the subject property for the reconstruction of S.H. 5 and this is noted on the site plan. The Council of Governments has indicated that an additional east northbound lane is needed along F.M. 2170 and eleven feet (11') of right-of-way will be needed for the construction of this lane. The voluntary right-of-way dedication will take place at time of platting, but is noted on the site plan. The Fire Marshal has reviewed and approved the site plan in accordance with the fire code requirements. The parking and landscape requirements of the comprehensive zoning ordinance are satisfied. The required landscaping will be automatically irrigated. The following findings were read into the record from the Planning and Zoning Commission: 1. Compatible use. 2. Fire Marshal approval. ALLEN CITY COUNCIL L REGULAR SESSION NNE 6, 1991 3. Fuel tanks will be in conformance with State and Federal codes. 4. Property right-of-way has been provided. 5. Landscaping satisfied. 6. Dumpster will be relocated if in floodplain. 7. No permanent structure in floodplain. 8. Curb cuts may not be approved for later development. The amendments from the Planning and Zoning Commission are as follows: PAGE 5 1. The right-of-way on F.M. 2170 and along S.H. 5 be dedicated at time of platting (11 feet) on F.M. 2170 and 20 feet on S.H. 5. 2. The Commission is not recommending additional development of Phase II at this time. L 3. Staff have flexibility of adjusting the location of the design of the site plan when the exact location of the floodplain is determined. 4. Irrigation noted on the site plan. 5. Landscaping noted on site plan. Mr. Gary DeVleer was present for the proponent. Mayor Farmer opened the public hearing and asked for anyone speaking for or against the request to do so at this time. Stephen A. Saint, 1319 Rivercrest, spoke in opposition to the request. His main concern was the traffic congestion in that area that would be produced due to the development of this piece of property. With no one else speaking for or against the request, Mayor Farmer closed the public hearing. Discussion was held regarding the west end of the property which will not be developed at this time and will not be irrigated. There may be plans in the future that this small piece of property will be sold to a small property owner. Ordinance No. 1036-6-91: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as Heretofore Amended, so as to Attach a Is Specific Use Permit for Gasoline Sales in Conjunction with a Convenience Store with Site Plan Approval, and Repealing Ordinance No. 826-11-87, Being a Specific Use Permit ALLEN CITY COUNCIL REGULAR SESSION JUNE 6, 1991 for a Tires, Batteries, and Accessories Store; Therefore Restricting a 2.3456 Acre Tract of Land in the David Weisel Survey, Abstract No. 977, in the City of Allen, Collin County, Texas, Further Described as the Southwest Corner of F.M. 2170 and S.H. 5; Subject to the Stipulations Herein and the Attachment of Exhibit "A" Site Plan, Presently Delineated on the Official Zoning Map as Central Business District "CBD"; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. PAGE 6 MOTION: Upon a motion made by Councilmember Lilly and seconded by Councilmember Christakos, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1036-6-91 in accordance with Planning and Zoning Commission recommendation, including five (5) amendments previously noted. The motion carried. Authorize Solicitation of Bids for Phase IA Improvements to the Special Use Facility (Agenda Item IX) Lloyd Lentz, consultant for Carter & Burgess, Inc., presented information to the Council regarding Phase IA of the special use facility. Since funds are not available for the completion of the entire park master plan, development of the park will occur in phases. The initial phase will include concepts that meet the state grant requirements, allow the park to be open to the public and provide an appropriate site for Parks and Recreation programs. Phase I is estimated to be substantially completed December 31, 1991 and 100% completed February 1, 1992, which is a stipulation of the state grant requirement. Included in Phase I are the following: 1. Enhance the first two lakes. 2. Complete a portion of the parking lot. 3. Build a fishing facility and pavilion. 4. Build a minimal trail. 5. Build a minimal playground. 6. Provide some demolition. �^ 7. Provide for a sign. ■ 8. Provide picnic facilities. ` ALLEN CITY COUNCIL L REGULAR SESSION NNE 6, 1991 11 PAGE 7 These items will meet the state requirements. Water service, seeding and electrical service will also be part of Phase IA. The fencing will remain intact to provide security during this construction of IA and IB. MOTION: Upon a motion made by Councilmember Edstrom and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve the plans and specifications for Phase IA and authorize solicitation of bids according to staff recommendation. The motion carried. Distribute the Final Version of the City of Allen Employees Personnel Policies and Procedures Manual (Agenda Item X) There was no action taken on this item. Legislative Update (Agenda Item XI) Michael Stanger, Assistant to the City Manager, provided an update to Council regarding several bills the City expressed an interest in during the Legislative Session. The House had 2,906 bills filed and passed 527. The Senate had 1,618 filed and they passed 432. More information will be provided to the Council as these bills become publicized. There was no action taken on this item. Other Business: Boards and Commission Appointment Schedule (Agenda Item XII -A) City Secretary, Judy Morrison, discussed the appointment schedule with the Council. A reception had been held prior to the regular Council meeting this evening, interviews are scheduled for Monday, June 17th, and appointments are expected to be made on Thursday, June 20th at the regular Council meeting. TML Conference (Agenda Item XII -B) Council was encouraged to review the information in their packet and notify either the City Manager or City Secretary with regard to attendance plans. Calendar (Agenda Item XII -C) June 7, 8:15 a.m. Services Subcommittee Canceled June 14, 6:30 p.m. Flag Day Ceremonies, City Hall ALLEN CITY COUNCIL REGULAR SESSION JUNE 6, 1991 PAGE 8 Review Issues and Goals Statements (Agenda Item XII -D) The updated issues and goals statements were distributed to Council for their review. Subcommittee Reports (Agenda Item XII -E) Finance/Administration: A meeting will be held June 17th for interviews of the prospective board candidates. Services: A meeting is being planned to discuss a workplan in conjunction with the recent goals and objectives statement. Economic Development: Business Development Day has been set for June 27th; the fact book is near completion. Development: A meeting has been set for Wednesday, June 10th. Mayor: Flag Day has been set for June 14th, 6:30, at City Hall; July 3rd, Collin County Celebration is being planned; 9-1-1 turn on has been executed. Items of Interest (Agenda Item XII -F) There were no items of interest. Executive Session (Agenda Item XIII) In accordance with Article 6252-17, V.A. T. C. S. (Open Meetings Law), Section 2(g), the Allen City Council convened into Executive Session at 8:43 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to discussing alternate judges position. The Executive Session was adjourned at 9:20 p.m. Reconvene and Consider Action on Items Discussed During Executive Section (Agenda Item XIV) The Allen City Council reconvened into regular session at 9:20 p.m. on Thursday, June 6, 1991, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. Adjourn (Agenda Item XV) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:21 p.m., on Thursday, June 6, 1991. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION NNE 6, 1991 PAGE 9 These minutes approved on the 20th day of June, 1991. ATTEST: ... 1' '/ - -In .� CAW C APPROVED: ri�.. �. •�. ..• a