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Min - City Council - 1995 - 03/16 - Regular7i Present: Joe Farmer, Mayor Councilmembers: Kevin Lilly, Mayor Pro Tem David Kerr David Bishop Mike Nichols Steve Terrell Sharon Hamner City Stats: Jon McCarty, City Manager -{ Judy Morrison, City Secretary I ALLEN CITY COUNCIL REGULAR MEETING MARCH 16, 1995 DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:35 p.m. on Thursday, March 16, 1995, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Ouen Council Discussion (Agenda Item II) Council was informed that the repair of US 75 will take place with sections of concrete being replaced in the next month with TXDOT doing an overlay of blacktop later in the summer. This repair in no way affects the future plans for reconstruction of US 75 according to TXDOT officials. After discussion with James Huffman with TXDOT, FM 2170 is on schedule to be let the second week in lune with the turning of dirt the first week of July Clarence Daugherty has also been working with the federal highway administration regarding the environmental assessment on this stretch of highway to position it in a "high priority" listing. Council was informed of the North Texas Regional Transportation Task Force reception and presentation to be held in Austin on March 29 and March 30. ALLEN CITY COUNCIL WORKSHOP SESSION MARCH 16, 1995 PAGE 2 On Wednesday, March 22, the Collin County Bond Committee will hold a meeting in the Allen Public Library inviting the entire City Council to support and back the Collin County bond issue. The Council was invited to tour the recreation center construction prior to their meeting on April 6 beginning at 5:30 on site. Discussion was held regarding an item brought to the Council's attention during the last meeting that being the dam on Exchange Parkway Council was informed that hydraulically it would be better to remove the dam. This item has been assigned to the Development Subcommittee for further review concerning options for leaving the dam, removing the dam, realignment of the road, etc. Discussion of Consent Agenda and Reeular Agenda Items (Agenda Item HI) Discussion was held regarding Agenda Item IV, Consent Agenda, Item E, Set April 6, 1995, as a Public Hearing Date for a Request to Amend the Current Zoning for Momingside. Council will be requesting that this item be removed from the Consent Agenda until the school finalizes its decision on the property Discussion was held regarding Agenda Item VII, Consider Ordinance Ordering an Election on May 6, 1995 for Proposed Amendments to the Home Rule City Charter. Pete Smith and Terrell Blodgett will be present this evening to review updates on this item. Council also reviewed the educational portion of this item and its approach to the citizens. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:30 p.m. on Thursday, March 16, 1995. REGULAR SESSION - 7:30 P.M. With a quorum of the Counmlmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:36 p.m on Thursday, March 16, 1995 in the Council Chambers of the Allen Municipal Amex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) Councilmember Kerr requested that Item E, Set April 6, 1995, as a Public Hearing Date for a Request to Amend the Current Zoning for Morningside, be removed from the Consent Agenda in accordance with Staff recommendation. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on the Consent Agenda as recommended and as follows. A. Approve Minutes of March 2, 1995, Regular Meeting. B. Approve Minutes of February 28, 1995, Allen City Council Special Called Workshop for �f Charter Review L C. Approve Minutes of March 8, 1995, Allen City Council Special Called Workshop for Charter Review ALLEN CITY COUNCIL REGULAR SESSION MARCH 16, 1995 PAGE 3 D Approve a Resolution Authorizing Grant Application to Texas State Library for Funds to Perform a Disability Remodeling Project at the Library Resolution No. 1323-3-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing the City Manager to Act for and on Behalf of the City of Allen Applying to the Texas State Library for Funding Through the Library Services and Construction Act Title II Grant Program, and Certifying that the City of Allen will Comply with the Regulations. Guidelines and Requirements of Said Program F Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program as follows 1. Mustang Construction Company $66,217.50 For: Chaparral Road Sewer Sewer Impact Fees Period: Thm 2/28/95 2. Milstead Appraisal Company $ 1,350.00 For Allen Heights West Half from Bethany Drive to Park Place 1985 Existing Street Bond Funds Period. Thm 2/22/95 3. Terra -Mar, Inc. $ 1,605.00 For: Recreation Facility 1992 Park Bonds Period: Febmary 1995 4 City of Plano $3,11900 For: Library/Plano Automated System 1985 Interest Earned Bond Funds Period: Febmary-March 1995 G Accept Resignation from Planning and Zoning Commissioner, Place No. 5. Douglas Gallagher Planning and Zoning Commission June 1989 - March 1995 and Capital Improvement Advisory Committee February 1991 - March 1995 ALLEN CITY COUNCIL REGULAR SESSION ■�1 MARCH 16, 1995 PAGE 4 H. Approve Specifications and Authorize Solicitation of Bids for Outdoor Warning System. Council authorized Staff to advertise for competitive bids for upgrading the outdoor warning system — new siren sites at Green Elementary and Fire Station N2 in accordance with Staff and Services Subcomrmttee recommendation. 1. Tax Report. The motion carried End of Consent Aeenda City Manager introduced two (2) new City employees to the Council. Mary Ray, Executive Secretary to City Manager and Kathy Parkhurst, Marketing Coordinator, Economic Development Department Council Committee Reports (Agenda Item V) Development: Gated community (Woods) — Development Subcommittee requested input from the Council by their next meeting on April 6 Update on Millennium Business Park Catholic Diocese private high school School zones Traffic light at intersection of Malone and FM 2170 Services: Library grant update Fire Station N3 Juvenile delinquency reduction program Bethany Lakes Recreational Facility r Future park land acquisition FSnance/Administration: None Mayor's: Reviewed current Council agenda Communications Plan/cabling backbone Update on the state of the City during recent rainy season TCI article updates Briar Ridge transportation and retail issues ALLEN CITY COUNCIL REGULAR SESSION MARCH 16, 1995 Citizen's Comments PAGE 5 (Agenda Item VI) Sotoria Montanari, 211 Sycamore Creek, Allen, Texas, informed the Council that the Third Annual Clean -Up Day is scheduled for Saturday, April 1 from 9:00 a.m. to 12:00 noon with a celebration to take place at 12.00 noon at Bethany Lakes Park Deborah Dunshee is in charge of the program this year with an expectation of 500 volunteers to work the City City Council will proclaim this day as "Clean -Up Allen Day" with a Mayoral proclamation. Consider Ordinance Ordering an Election on May 6, 1995 for Proposed Amendments to the Home Rule City Charter (Agenda Item VID Pete Smith, Charter legal counsel, distributed additional pages for the updated Charter amendment ordinance He reviewed each change and indicated this item would be placed in the legal section of the Allen American at the appropriate time. Terrell Blodgett, Charter expert counsel, reviewed a message from the City Council which will also be printed in the Allen American as well as in the City newspaper, The Municipal Messenger. These items will be transmitted to the citizens prior to early voting. Ordinance No. 13243-95: An Ordinance of the City of Allen, Texas, Ordering an Election on Proposed p Amendments to the Home Rule City Charter of the City of Allen to be Held Concurrently with the Regular City Election on May 6, 1995; Providing for the Publication and Posting of Notice; Proposing Amendments to Home Rule City Charter of the City of Allen; Providing for Early Voting; Providing for the Appointment of Election Judges and Clerks; and Providing an Effective Date. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1324-3-95 as previously captioned and in accordance with Mayor's Subcommittee recommendation. The motion carried. Public Hearing on a Request to Amend the Current Zoning on Planned Development No. 3 by Approving a Site Plan on a 1.44 Acre Portion of Tract F, Allen Business Center, Located on Prestige Circle, West of SH 5 as Requested by Southwest Staple and Consider an Ordinance Effectim this Chante (Agenda Item VIII) I ALLEN CITY COUNCIL REGULAR SESSION MARCH 16, 1995 PAGE 6 Bill Petty, Director of Community Development, presented information regarding this request by Southwest Staple, a property located along Prestige Circle between the railroad and SH 5. He indicated two (2) points the Council needed to be aware of — because of the residential district north of the property, the property will be screened with a live screen. Light industrial zoning districts state that there can be no parking in the front yard. However, this is coming with a variance request due to additional properties in this area containing the same variance. Mitch Hanzik, 3908 Wosley, Ft Worth, Texas, reviewed additional landscaping the proponent is suggesting at the present time. The variance allows the building to be set further away from the residences which is agreeable with the residences north of the property Mayor Farmer read the request into the record as follows: "Public Hearing on a Request to Amend the Current Zoning on Planned Development No. 3 by Approving a Site Plan on a 1.44 Acre Portion of Tract F, Allen Business Center, Located on Prestige Circle and Adjacent to Bethany Drive on the North Side as Requested by Metroplex Gymnastics 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. With no one speaking either for or against the request, Mayor Farmer closed the public hearing. Ordinance No. 1325-3-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 368-10-81 and Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, by Approving a Site Plan in Planned Development No. 3 (PD No. 3) on the Following -Described Tract of Land: 1.44 Acres of land in the William Perrin Survey, Abstract No. 798, City of Allen, Collin County, Texas, Otherwise Known as Tract F of the Allen Business Center Addition; Providing for Exhibit "H" Site Plan; Providing for a Variance; and Providing for a Penalty of Fine Not to Exceed the Sam of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion made by Councilmember Kerr and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1325-3-95 as previously captioned and in accordance with Planning and Zoning recommendation. The motion Lcarried. ALLEN CITY COUNCIL REGULAR SESSION MARCH 16, 1995 PAGE 7 Public Hearing on a Request to Amend the Current Zoning on Planned Development No. 3 by Approving a Site Plan East of Prestige Circle and Adjacent to Bethany Drive on the North Side as Requested by Metroplex Gymnastics and Consider an Ordinance Effective this Ch a (Agenda Item IX) Bill Petty, Director of Community Development, reviewed with the Council the request by Metroplex Gymnastics at the northeast comer of Prestige Circle and Bethany Drive between the railroad and SH 5. He discussed the varying parking requirements and the hammer head fire lane. Purdue Construction Company representatives indicated that the building itself and the parking lot was designed to be expandable. Council raised questions with regard to traffic flow to its parking lot and the number of cars generally in the lot at one particular time Mayor Farmer read the request into the record as follows: "Public Hearing on a Request to Amend the Current Zoning on Planned Development No. 3 by Approving a Site Plan East of Prestige Circle and Adjacent to Bethany Drive on the North Side as Requested by Metroplex Gymnastics and Consider an Ordinance Effecting this Change." Greg Kester, 1500 Jupiter Road, #602, Allen, Texas, spoke in favor of this request indicating it brought something to the community that was needed greatly Others who voiced their support of this item through Public Meeting Appearance Cards included Ray and Phyllis Burnett, 528 Bullingham Lane, Allen, Texas, and James Genneken, 914 Roaming Road, Allen, Texas. With no one else speaking either for or against the request, Mayor Farmer closed the public hearing. Ordinance No. 1326-3-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 368-10-81 and Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, by Approving a Site Plan in Planned Development No. 3 (PD No. 3) on the Following -Described Tract of Land: 2.1487 Acres of Land in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, Otherwise Known as Tract A of the Allen Business Center Addition; Providing for Exhibit 'T" Site Plan; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. I ` ALLEN CITY COUNCIL E REGULAR SESSION MARCH 16, 1995 PAGE 8 MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1326-3-95 as previously captioned and in accordance with Planning and Zoning recommendation. The motion carried Authorize the City Manager to Execute a Contract for Construction of Campus Area Network Backbone (Agenda Item X) Michael Stanger, Assistant to the City Manager, reviewed the networking plan linking all City office buildings in the Central Business District. This cable area network backbone includes materials, installation, testing and documentation of conduit, fiber optic cable, twisted pair copper cable and distribution panels within each building including the Municipal Annex, Police Department, Library, Fire Administration and Code Enforcement At the present time the phone system is not a part of this consideration except for the cabling that will take place Council questioned Staff with regard to the inclusion of all 'but" stations being networked including the fire stations and Stacy Road Pump Station. This is not in the plan at the present time. Concern arose regarding the additional cost of the phone system and the possibility that it would not be budgeted in this fiscal year. MOTION: Upon a motion made by Councilmember Kerr and seconded by Mayor Pro Tem Lilly, the Council voted seven (7) for and none (0) opposed to award the Campus Area Network Backbone to FOT DataCom of Carrollton, authorize the City Manager to execute the contract and approve a revised budget which includes backbone construction of $67,375.13, contingency of 5% or $3,368.87, network consultant — $4,500, interior cabling — $11,514, and other network costs of $15,711 with a total data network cost of $102,169 The motion carried. Other Business (Agenda Item XI) Legislative Report (Agenda Item XI -A) Michael Stanger, Assistant to the City Manager, informed the Council of the current legislative items including specifically the air quality issue. Calendar (Agenda Item XI -B) March 28 10:15 a.m. Finance/Administration Subcommittee Meeting April 7 & 8 Spring Planning Session Items of Interest (Agenda Item XI -C) Council was informed that the North Central Texas Council of Governments is requesting nominations for the Linda Keithly and William J. Pitsnck awards. Deadlines on these two (2) award nominations is April 21, 1995. ALLEN CITY COUNCIL REGULAR SESSION MARCH 16, 1995 PAGE 9 Spring Planning Session * Michael Stanger, Assistant to the City Manager, distributed information on suggested unplementations for the Spring Planning Session "dialogue, direction and dancing bears." It was agreed that prior to the workshop, Council will have submitted a list of topics for discussion. Although the use of a facilitator was discussed in great detail, the subject was left to Staff to conclude whether a facilitator was needed or not. If one is used, Council suggested to use a facilitator only for a portion of the time. Executive Session (Agenda Item XII) In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 11.10 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to sale of City property and purchase of park property The Executive Session was adjourned at 11:57 p.m. Reconvene (Agenda Item XIII) The Allen City Council reconvened into regular session at 11.58 p.m. on Thursday, March 16, 1995, in the Council Chambers of the Allen Municipal Amex. There was no action taken on items discussed during Executive Session. Atliourn (Agenda Item I) MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:59 p.m. on Thursday, March 16, 1995. The motion carried. These minutes approved on the 6th day of April , 1995. APPROVED: J Farmer, MAYOR 1:1100 *MIN JV9y Mo son, CMC, CITY SECRETARY