Loading...
Min - City Council - 1992 - 06/04 - RegularL_' Present: Joe Farmer, Mayor Coundlmembers: Kevin Lilly, Mayor Pro Tem Mickey Christakos (absent) David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager j Judy Morrison, City Secretary BOARD RECEPTION - 6:30 P.M. ALLEN CITY COUNCIL REGULAR MEETING JUNE 4, 1992 A reception was hosted by the City Council for prospective board members. WORKSHOP SESSION - 7:00 P.M. With a quorum of the Councilmembers present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 7:09 p.m. on Thursday, June 4, 1992, 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. Discussion was held regarding the minutes of the May 21 meeting. A correction was made in the minutes indicating the use of commercial food vendors at various events. Discussion was held regarding the resolution amending the Library Meeting Room Policy. The Library Board and the Services Subcommittee is bringing this recommendation to the Council. Discussion was held regarding Staff's recommendation. The Library will, according to this policy, book the room directly rather than having a centralized location for meeting room bookings. Discussion was also held regarding the setting up and clearing of the room by the person or the group making the reservation. The diagram depicting the number of tables to remain in a usable condition may be reviewed at any time and does not need Council approval. It was felt that the air conditioner needed to be made available for all meetings that are in the room after hours. The City Manager will review this item with ALLEN CITY COUNCIL WORKSHOP SESSION JUNE 4, 1992 PAGE 2 the Library Staff. For approved meetings after hours, a janitor may need to be hired to handle special items similar to how the school district handles this situation. Discussion was held regarding Agenda Item VIII, Citizen's Comments. It was felt several citizens would appear for Citizens Comments. Discussion was held regarding Agenda Item IX, Public Hearing to Amend Planned Development No. 12 Located East of South Fountain Gate Drive and South of FM 2170 to Single Family Zoning as Requested by Douglas Properties and Consider an Ordinance Effecting this Change. Discussion was held regarding the land swap suggested by Douglas Properties. It is in the best interest of the City to have the road built along the park to provide visibility and for aesthetic reasons. Although Tract I is being proposed as large lot residential rather than garden office, the commercial/retail needs of this neighborhood can be satisfied in another area of the City and does not need to be in this particular tract. Tract I is being proposed as a lower density, single family dwelling that originally proposed. Section III is not part of this zoning case. It has already been zoned patio homes. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:44 p.m. on Thursday, June 4, 1992. REGULAR SESSION - 7:30 P.M. With a quorum of the Councihnembers present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:52 p.m. on Thursday, June 4, 1992, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Present Certificate of Appreciation to Chin and Diane Kerr (Agenda Item VI) Mayor Farmer introduced Chip and Diane Kerr, residents of Allen, who acted as Facilitators for 1992 Spring Planning Session. The Kerrs were complimented on the amount of effort and time involved in the project and were presented with a certificate -of - appreciation in recognition and appreciation of their outstanding contributions and services given to the Spring Planning Session for the City of Allen and a sincere thanks for a job well done. The Mayor and Council also presented the Kerrs with a current book, Reinventing Government. .IrITTKIFTSWTOTRMn : (Agenda Item VII) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, 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. Approval of Minutes of May 15-16, 1992, Spring Planning Session. B. Approval of Minutes of May 21, 1992, Regular Meeting. [I I ALLEN CITY COUNCIL REGULAR SESSION JUNE 4, 1992 PAGE 3 C. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Harte Hanks Community Newspaper $ 56.25 For: Post Notice of Application to Appropriate Public Waters of the State of Texas State Revolving Fund - Water Period: April 22, 1992 2. Cummings & Pewitt, Inc. $ 2,215.00 For: FM 2170 Utility Relocations Sanitary Sewer State Revolving Fund - Sewer Period: Through April 30, 1992 3. Cummings & Pewitt, Inc. $ 3,982.00 For: FM 2170 Utility Relocations Water State Revolving Fund - Water Period: Through April 30, 1992 4. Architectural Utilities, Inc. $17,921.75 For: On Site Construction Bethany Lakes less 5% Retainage 1985 Park Bond Funds Period: Through May 31, 1992 5. Joe Day and Company $ 2,496.00 For: Fencing for Two Backstops at Story Baseball Fields 1985 Park Bond Funds Period: June 1992 6. Excel Sheet Metal, Inc. $ 4,950.00 For: Rolling Hills Park Replacement Bridge 1985 Park Bond Funds Period: June 27, 1992 7. Hunter and Associates, Inc. $ 2,800.00 For: Preparation of plans, bid documents and construction of intersection traffic signals at the intersection of Bethany Road and Jupiter Road Street Bond Funds Period: Through May 31, 1992 I I ALLEN CITY COUNCIL REGULAR SESSION JUNE 4, 1992 PAGE 4 Cummings & Pewitt, Inc. $ 1, 025.00 For: FM 2170 Utility Relocations - Sewer State Revolving Fund Period: Through May 30, 1992 Cummings & Pewitt, Inc. $ 3,005.00 For: FM 2170 Utility Relocations - Water State Revolving Fund Period: Through May 31, 1992 D. Adopt Resolution Amending the Library Meeting Room Policy. Resolution No. 1106-6-92(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, amending Resolution No. 908-3- 89(R) and establishing a policy governing the use of the Library Meeting Room by members of the public and local organizations; setting fees for such use; and delineating rules and responsibilities. The motion carried. End of Consent Agenda Citizen's Comments (Agenda Item VIII) Ramona Corwin, 823 Clearlake, Allen, Texas, spoke before the Council regarding the issue of the environment. She presented 1400 letters written by teachers, students, PTA members, church groups and civic organizations that expressed their view points on environmental issues. Ms. Corwin, along with other members of the Environmental Action League, presented Michael Stanger, Assistant to the City Manager, a token of their appreciation for his effort on this ussue and for the issue of citywide curbside recycling. James Moran, 1103 Thoreau Lane, Allen, Texas, spoke before the Council regarding meeting space for the Senior Citizens. Mr. Moran asked that the City Council continue to support the programs by the Senior Citizens and that the Council address the topic of a Senior Citizen Center or a regular, appropriate place to meet. Dolly Martinez, 10011 Timbercreek Drive, Allen, Texas, spoke before the Council regarding the alley off Timbercreek Drive. Citizens are using the alley as a thoroughfare and she asked Staff to focus attention on this particular area since it provides a dangerous situation for children at play at the park. Gordon McIntyre, 744 Livingston, Allen, Texas, spoke before the Council complimenting the Parks Department Staff, Miss Savage, Larry Kirk and the ASA for the great job that has been done in the maintenance personnel cooperation in the parks programs. ALLEN CITY COUNCIL REGULAR SESSION JUNE 4, 1992 PAGE 5 Public Hearing to Amend Planned Development No. 12 Located East of South Fountain Gate Drive and South of FM 2170 to Single Family Zoning as Requested by Douglas Properties and Consider an Ordinance Effecting this Change (Agenda Item DI) Bill Petty, Community Development Director, introduced the request to amend the planned development south of Fountain Gate Drive, more specifically called "Shadow Lakes." This admission represents a request that the garden office area between Mustang Branch and proposed Allen Heights be changed to additional single family. The proponent is proposing to build two lanes of Allen Heights from the existing condition at Greengate Subdivision to Bethany Drive, construct a collector around Bethany Lakes Park as opposed to houses backing up to it, and construct a jogging path along the creek area. The linear park area will be dedicated to the City and the developer has agreed to leave the flood- plain area and lakes in a manageable condition. In order to facilitate the construction of the collector street around Bethany Lakes Park, the proponent is requesting approximately two acres of land, most of which is right- of-way, and a small section of a corner and has agreed to dedicate two additional acres of land adjacent to the creek to the City of Allen Open Space. Due to this land swap, approval of the State Parks and Wildlife Commission, and ultimately, the City Council will be required. Mayor Farmer read the request into the records as follows: "Public Hearing to Amend Planned Development No. 12 Located East of South Fountain Gate Drive and South of FM 2170 to Single Family Zoning as Requested by Douglas Properties and Consider an Ordinance Effecting this Change." Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Pat Adkins, Consulting Engineer for Tipton Engineering, Inc., acting on behalf of the owner and developer of the property, Douglas Properties, spoke before the Council regarding this request. Shadow Lakes was designed in order to meet the needs of the current market place. Extreme caution was used regarding the environment and the "hike and bike" trails for the citizens in relationship to Bethany Lakes Park. Mr. Adkins discussed the land use of the entire area. He pointed out the Shadow Lakes greenbelt and the large lot request in Tract I. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Discussion was held regarding parking on the collector street and the width of that particular street. All of the screening restrictions will be part of the deed restrictions which are upheld by citizens purchasing homes in the subdivision. The requested land swap will actually provide items that are positive for the State -- additional roadway, drainage, linkage to the park system, etc. It is felt at this time that the State will be agreeable with the request for the land swap. PAGE 6 Since this is a large residential area, a question was raised with regard to location of an elementary school to handle this subdivision. Discussion was held regarding the square foot minimums on the housing for this area. It was suggested that the minimum square footage be raised from 1400 square foot minimum to 1600 square foot minimum being 80% of the homes, and 1800 square foot minimum being 20% of the homes. Due to current market conditions, however, Douglas Properties assured the Council that the larger home style would be in demand in this area. Following are the findings of the Planning and Zoning Commission: 1. An additional alley cut will be made on Block H opening to the north. 2. The alleys along Allen Heights Drive in Block B and Block A will be removed and developed with front drives and rear entry garages. 3. The land swap for the community center is subject to approval of the state of Texas and the City Council. 4. The deed restrictions will include wording subject to staff approval regarding the maintenance and repair of the screening materials. 5. Any wall facing Allen Heights Drive shall be 100% brick. 6. Allen Heights Drive will be constructed from the north line south to Bethany Drive (2 lanes). 7. The City is waiving the requirement for escrow of funds for median improvements in consideration for the community center acreage. 8. Two 3 -lane bridges will be constructed with a provision for a 26% reimbursement from the city when funds are available. 9. Removal of screening wall along the park property. 10. The entire trail will be eight feet rather than five feet. 11. The section of roadway adjacent to Tract 4 should be addressed at the time of platting of this property. 12. The lakes should be left in a manageable condition. Ordinance No. 1107-6-92: An Ordinance of the City of Allen, Collin County, Taxes, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, so as to Amend Ordinance no. 786-3-87 Planned Development No. 12 (PD -12), and Ordinance No. 891-12-88, Revised Development Policy, ALLEN CITY COUNCIL REGULAR SESSION S JUNE 4, 1992 PAGE 6 Since this is a large residential area, a question was raised with regard to location of an elementary school to handle this subdivision. Discussion was held regarding the square foot minimums on the housing for this area. It was suggested that the minimum square footage be raised from 1400 square foot minimum to 1600 square foot minimum being 80% of the homes, and 1800 square foot minimum being 20% of the homes. Due to current market conditions, however, Douglas Properties assured the Council that the larger home style would be in demand in this area. Following are the findings of the Planning and Zoning Commission: 1. An additional alley cut will be made on Block H opening to the north. 2. The alleys along Allen Heights Drive in Block B and Block A will be removed and developed with front drives and rear entry garages. 3. The land swap for the community center is subject to approval of the state of Texas and the City Council. 4. The deed restrictions will include wording subject to staff approval regarding the maintenance and repair of the screening materials. 5. Any wall facing Allen Heights Drive shall be 100% brick. 6. Allen Heights Drive will be constructed from the north line south to Bethany Drive (2 lanes). 7. The City is waiving the requirement for escrow of funds for median improvements in consideration for the community center acreage. 8. Two 3 -lane bridges will be constructed with a provision for a 26% reimbursement from the city when funds are available. 9. Removal of screening wall along the park property. 10. The entire trail will be eight feet rather than five feet. 11. The section of roadway adjacent to Tract 4 should be addressed at the time of platting of this property. 12. The lakes should be left in a manageable condition. Ordinance No. 1107-6-92: An Ordinance of the City of Allen, Collin County, Taxes, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, so as to Amend Ordinance no. 786-3-87 Planned Development No. 12 (PD -12), and Ordinance No. 891-12-88, Revised Development Policy, I ALLEN CITY COUNCIL REGULAR SESSION JUNE 4, 1992 PAGE 7 on the Following Described Tract of Land: Approximately 103.13 Acres of Land, More or Less, out of the Simon Burns Survey, Abstract No. 255, Collin County, Tess; Providing for Exhibit "F" Land Use Plan and Arm and Use Regulations; Providing for Restrictions; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Hamner, the Council voted six (6) for and none (0) opposed to approve Ordinance 1107-6-92 in accordance with Planning and Zoning recommendation and as previously captioned with the following amendments: Item 3 of the Planning and Zoning recommendation is to read—The land swap for the City of Allen open space of two acres is subject to approval of the State of Texas and the City Council; Item 7 is to read—The City is waiving the requirement for escrow funds for median improvements and consideration for the City of Allen two -acre open space; Item 11 is to read—The section of roadway adjacent to Tract 4 will be addressed at the time of platting of this property; The house size requirements will include a maximum of 80% of the houses to be built with a minimum of 1600 square feet and a minimum of 20% of the houses to be built with a minimum of 1800 square feet. The motion carried. Council took a brief recess. Consider Items Related to Water and Sewer Revenue Securities (Agenda Item X) Approve Resolution; Authorizing Application to Sell Securities for Water and Sewer Projects to Texas Water Development Board (Agenda Item X -A) Dan Almon, Southwest Securities, Inc., spoke before the Council regarding authorizing application for financial assistance from the State Water Pollution and Revolving Fund and for water works systems improvements. Those projects include: 1. Water line relocation in conjunction with U.S. 75 Highway construction. 2. Water and sewer utility relocation in conjunction with F.M. 2170 street construction. 3. Water and sewer utility relocations in conjunction with State Highway 5 street construction. I P ALLEN CITY COUNCIL REGULAR SESSION JUNE 4, 1992 PAGE 8 Resolution No. 1108-6-92(R): A Resolution requesting financial asstatence from the Texas Water Development Board; authorizing the filing of an application for such assistance; and making certain findings in connection therewith. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to approve Resolution 1108-6-92(R) as previously captioned. The motion carried. Resolution No. 1109-6-92(R): A Resolution requesting financial assistance from the State Water Pollution Control Revolving Pend of the Texas Water Development Board; authorizing the filing of an application for such assistance; and making certain findings In connection therewith. MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve Resolution No. 1109-6-92(R) as previously captioned. The motion carried. Authorize Contract with Southwest Securities Related to the Sale of Securities to the Texas Water Development Board (Agenda Item X -B) The City of Allen must have a contract with a financial agent to seek financial assistance from the Texas Water Development Board. Discussion was held regarding the bid process involving the retaining of the financial agency. Bids have not been sought for a financial agency due to the professional nature of this service. The actual contract will be reviewed with the City Manager to insure everything is in order. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed to authorize the execution of a contract with Southwest Securities relating to the sale of securities to the Texas Water Development Board. The motion carried. Authorize Proceeding with Refunding All Existing Revenue Bonds (Agenda Item X-C) Dan Almon, Southwest Securities, Incorporated, spoke before the Council regarding revenue bond refunding. He reviewed with the Council the steps that would be taken to move the City's bonds to an investment grade rating. The City must request a rating from Standard and Poor's before the insurance company will give the City a definite answer on insuring our refinancing bonds. Mr. Almon has devised a plan to hold harmless the City of the $4,200 cost if the bonds are not sold. If, in conversations with Standard and Poor's representatives, Dan Almon feels a trip to New York would be profitable for the City, he will notify the Mayor and City Manager of such decision. C ALLEN CITY COUNCIL REGULAR SESSION NNE 4, 1992 PAGE 9 MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to authorize Dan Almon of Southwest Securities, Incorporated to proceed with refunding all existing revenue bonds. The motion carried. Authorize Staff and Consultant to Proceed with Development of Alien Civic Plaza (Agenda Item XI) Bill Petty, Director of Community Development, introduced Paul Weathers of Sasaki and Associates. Mr. Weathers reviewed the plan for the Allen Civic Plaza. Each step builds a framework for the future. First of all, one sees an initial impact or a visual focus which includes trees to create a physical space. The plan reduces the negative areas by including foliage along the bare walls of the Library and the Police and Courts Building. A flag pole is included in the plan but it has been scaled back at this time. Pedestrian walkways will be added later. The fountain would be in place with all the waterworks systems but it would not be the final cement construction as set forth for the final plan. The plaza is to be considered as a public space along with the Library Building, the Police and Courts Building, and eventually the Municipal Center. Discussion was held regarding citizen perception and the City taking a conservative posture at this time when finances are so tight. Council was reminded that the public donor funds cannot be used for anything other than this particular project. Lew Bruno, 807 Cypress, Allen, Texas, spoke before the Council in opposition to proceeding with the Civic Plaza at this time. It was stated that there will come a time when Council may need to forget politics and take a step that they think, regardless of what it might bring politically, would demonstrate, in effect, what City government is all about. This particular project may, indeed, promote economic development, not take away from it. The Mayor's Subcommittee withdrew the proposal to approve the plan presented by Sasaki and Associates for the Allen Civic Plaza. Other Business Strategic Planning (Agenda Item XII -A) Michael Stanger, Assistant to the City Manager, distributed information relating to the Strategic Planning Session and the issues and general goals ranking. Calendar (Agenda Item XII -B) June 11 changed to June 30 Council Reorganization Workshop 6:30 P.M. City Hall June 16 6:30 P.M. City Hall Council Budget Workshop I ALLEN CITY COUNCIL REGULAR SESSION JUNE 4, 1992 Subcommittee Reports Finance/Administration: Items Of Interest PAGE 10 (Agenda Item XII -C) Held interviews for the ASAP Committee and will be bringing information forward during the Executive Session. (Agenda Item XII -D) The Park Board will be considering the Country Meadows Park and review the neighborhood survey instrument at their meeting Monday evening for anyone who is interested in attending. Executive Session (Agenda Item XIII) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(e), and 2(g), the Allen City Council convened into Executive Session at 11:40 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to A) Purchase of Property by Economic Development Board, and B) Appointments to Allen Substance Abuse Prevention Board. The Executive Session was adjourned at 1:25 a.m., June 5, 1992. Reconvene and Consider Action On Items Discussed During Executive Session Purchase of Property by Economic Development Board (Agenda Item XIV -A) The Allen City Council reconvened into regular session at 1:25 a.m. on Friday, June 5, 1992, in the Council Chambers of the Allen Municipal Annex. MOTION: Upon a motion made by Councilmember Nichols and seconded by Mayor Pro Tem Lilly, the Council voted six (6) for and none (0) opposed to advise the Economic Development Corporation Board to proceed with the property acquisition if it is in the best interest for the City of Allen. The motion carried. Appointments to Allen Substance Abuse Prevention Board (Agenda Item XIV -B) The Finance/Administration Committee discussed the process for appointments to the ASAP Committee. Councilmember Nichols placed the following names as a slate of nominations for the specific places on this board: Place No. 1 - Barbara Berard - Term Expires 3/1/93 Place No. 2 - Danny Meek - Term Expires 311/94 Place No. 4 - Terri Rivers - Term Expires 3/1/94 Place No. 6 - Lew Bruno - Term Expires 3/1/94 ALLEN CITY COUNCIL REGULAR SESSION JUNE 4, 1992 PAGE 11 MOTION: Upon a motion made by Councilmember Terrell and seconded by Councilmember Nichols, the Council voted six (6) for and none (0) opposed that nominations cease and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Allen Substance Abuse Prevention Steering Committee. The motion carried. Adlwrn (Agenda Item XV) MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 1:52 a.m. Friday, on Thursday June, 5, 1992. The motion carried. These minutes approved on the 18th day of June, 1992. 1, ATTEST: JiVy Moritftn, CITY SECRETARY I APPROVED: f"'i Joe Farmer, MAYOR