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Min - City Council - 1995 - 10/19 - RegularALLEN CITY COUNCIL REGULAR MEETING OCTOBER 19, 1995 Joe Farmer, Mayor Kevin Lilly, Mayor Pro Tem David Kerr Doug Gallagher Mike Nichols Steve Terrell David Bishop Jon McCarty, City Manager Judy Morrison, City Secretary t t NL ; ._Ot �37Y:G39X907�67iF91uq 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 6:32 p m. on Thursday, October 19, 1995, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. (Agenda Item H) The City Manager advised the Council in response to a request by Ellen Alldredge an engineering study was done with regard to the pedestrian crossing at Cottonwood Creek between Ashwood Drive and Whitman Drive. A letter penned by the City Manager to interested parties included the conclusion of the consulting engineer's study, "the pedestrian underpass at Cottonwood Creek is the safest route for school-age pedestrians to cross Bethany Drive and is preferable to an at -grade crossing or crossings " Council was advised that Allen Sports Association (ASA) is still in the process of working on a petition requesting a 4B 1/20 sales tax election. Discussion was held regarding the alignment of Exchange. Although the original alignment is not a suitable alignment, there may be some room for adjustment in the most current alignment which might appease the property owner. Additional work will be done on this item. ALLEN CITY COUNCIL WORKSHOP SESSION OCTOBER 19, 1995 PAGE 2 The Finance/Administration Subcommittee advised they had reviewed the Suncreek zoning issue. Since there has been no action taken on this project, the Finance/Administration Subcommittee suggested that Planning and Zoning reconsider the zoning on this property as soon as possible. Items of particular interest and concern include community facilities (public land), park protection, and infra -structure. Staff was instructed to inform Planning and Zoning Commission of Council's directive. The City of Allen was informed that FM 2170 Fast should be ready for construction October 22. There has been a delay due to subcontractor difficulties Staff was instructed to write a letter or letters to appropriate officials regarding this delay of construction. Council was informed the latest update of the TIP shows SH 5 in the 1998 schedule. Discussion was held regarding the Tax Office contract. Council felt a "per parcel price" for the City's contract for services would be most amenable. Also included in the contract should be specific deadlines and dates that the City is required to respond to The Finance/Administration Subcommittee will work with the contract and include these figures before contacting the school district. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item III) Mayor Fanner began the review of the Consent Agenda items. Parks Director Rhoda Savage distributed information regarding contracting for design services for Allen Station Park. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:25 p.m. on Thursday, October 19, 1995, REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Fainter at 7:34 p.m. on Thursday, October 19, 1995 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IY) MOTION: Upon a motion made by Councilmember Gallagher and a second 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. Approve Minutes of October 5, 1995, Regular Meeting. B. Consider Adoption of Ordinances Amending Comprehensive Plan, Comprehensive Zoning Ordinance and Subdivision Regulations Ordinance Incorporating the Allen ISD Elementary School Location Plan. �+ ALLEN CITY COUNCIL tea' REGULAR SESSION OCTOBER 19, 1995 PAGE 3 Ordinance No. 1376-10-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 1105-5-92, 1992 Comprehensive Plan, as Previously Amended by Ordinance No. 1173-5-93, so as to Amend the Sections Entitled Community Facilities and Government Services; Providing for Exhibit "A" Community Facilities, and Exhibit "B" Government Services; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000), Providing for a Severability Clause; and Providing for an Effective Date. Ordinance No. 1377-10-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No 829-11-87, Comprehensive Zoning Ordinance, as Previously Amended, so as to Amend Section 4.03 Entitled Changes and Amendments, Providing for Exhibit "A" Section 4.03 of the Comprehensive Zoning Ordinance; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000); Providing for a Severability Clause; and Providing for an Effective Date. Ordinance No. 1378-10-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 1237-4-94, Subdivision Ordinance, as Previously Amended, so as to Amend Article 400 Entitled 'Procedures"; Providing for Exhibit "A" Article 400 of the Subdivision Ordinance; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000), Providing for a Severability Clause; and Providing for an Effective Date. C. Tax Report. D. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement Program as follows. Payless Cashways $35.42 For: Plywood and material for phone switch room wall General Funds Period: September 18, 1995 Richardson Ready Electric $1,739.38 For Electrician services to phone switch room General Funds Period: September 27, 1995 3. RAM Software Systems, Inc. $756.25 For. Preparing RFP for distribution (clerical) 1994 Bonds Period: lune 20, 1995 - September 13, 1995 A ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 19, 1995 4. RAM Software Systems, Inc. For: Preparing RFP and reviewing proposals 1994 Bonds Period: September 13-26, 1995 5. Alpha Testing, Inc. For: Density testing of concrete on Wbisenant Drive Street/Drainage Bonds Period Services through September 30, 1995 6. Espey, Huston & Associates, Inc. For: Engineering services incurred through September 16, 1995 Facility Agreement (Twin Creeks) Period: August 20, 1995 - September 16, 1995 7 Q The motion carried. End of Consent Agenda Council Committee Renorts Services: RAM Software Systems, Inc. For: Proposal Response Comparison Chart 1994 Bonds Period: September 27, 1995 - October 10, 1995 Prettyman & Associates For, Telecommunications Consulting Services General Funds Period: September 16 - October 13, 1995 Joe Fanner Recreation Center Lighting at Ford Soccer Fields Bethany Drive landscaping and irrigation Contract for design services of Allen Station Park Development: Zoning Ordinance review Morningside preliminary plat Construction plans for Alma Drive Allen Heights south of Park Place to Bethany Rivercrest traffic congestion PAGE 4 $152.85 $263.50 $3,159.88 $12500 $2,062.50 (Agenda Item V) A [1 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 19, 1995 PAGE 5 Finance/Administration: Mayor's: Tax Office contract Proposed investment policy Capital Improvement Status report Work program Reviewed Current Council agenda Municipal Messenger schedule North Texas Municipal Water District Regional Sewer System Collin County Public Officials' meeting * Social Services in the county Block grant availability Report from Phil Ridder (TI) regarding Texas economic development possibilities * Councilmember Gallagher has agreed to serve with Mayor Pro Tem Lilly on this committee 's Comments (Agenda Item VI) There were no citizen's comments. Item: Consider Fire Code Amendments (Agenda Item VID MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to remove Agenda Item VII, Tabled Item: Consider Fire Code Amendments from the table The motion carried. Fire Chief Ron Gentry informed the Council the new ambulance has been delivered Firefighters are pleased with the quality of the vehicle and a plaque has been placed in the vehicle in appreciation to the Rose sisters. Fire Chief Ron Gentry advised the Council regarding Staff s suggested changes in the Ordinance. The new Ordinance would allow for commercial buildings 5,000 square feet or greater to have an option of area separation walls to the sprinkler system Single-family residential above 5,000 square feet includes only the heated and air- conditioned areas. Duplexes have been removed from the requirement "to be sprinklered." Information was also distributed regarding fire sprinkler requirements in surrounding cities. According to this information, the Allen proposal seems to be more stringent than most regional areas. Council requested that Section 16, Number 1, be included in the main body of Section 16, Section 1003.2 rather than as a separate item. Chief Gentry indicated that these changes are being considered in order to hold the fire to its origin, to save lives both of residents and firefighters and to incur less property damage. Robert Morris, 8730 King George Drive, Suite 101, Dallas, Texas, spoke in opposition to the revisions to the Allen Fire Code including sprinkling requirements. Mr. Morris is the Executive Director of the Home and ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 19, 1995 PAGE 6 Apartment Builders Association of Dallas and their association has voted unanimously to oppose sprinkling requirements. He cited loss of life and property damage had dropped throughout the last decade He also indicated it is more expensive to install sprinklers than generally stated. A master plumber cannot install the sprinkler system. It must be done by a registered sprinkler contractor. Bradford Beck, 6928 Lupton Drive, Dallas, Texas, spoke in opposition to the sprinkler ordinance and informed the Council he is working on a development located on Jupiter Road to include approximately 280 apartments. Due to the additional expense dictated by this Ordinance, he asked to be "grandfathered" in or asked for a January 1, 1996 extension date for the Ordinance to be effective. Jerry Green, 501 CR #157, McKinney, Texas, spoke in opposition to the Fire Code Ordinance dictating sprinkler requirements He was concerned about the opportunity to build affordable apartments in Allen. He also felt that the overall economic development studies have not been properly considered. Gary Turner with Automatic Fire Protection Services spoke in favor of the Ordinance and advised the Council of statistics showing that multi -family sprinkler systems can be supplied in the 85-95C per square foot range. After January 1, insurance companies will be required to offer up to 25% discounts to sprinklered residential properties Council took a brief recess. Council discussed the "safety factor of the 5,000 square foot requirement" since very few homes in the City of Allen are 5,000 square feet. In our economic development program, we would like to build larger homes and this factor may be something to consider to encourage this growth. Unfortunately, this Ordinance also seems to attack our medium-sized commercial buildings which the City of Allen is trying to encourage. Council felt it needed to look at the 5,000 square foot versus the 7,000 square foot threshold to be competitive with surrounding cities rather than more restrictive than surrounding cities Council might also look at area separation walls for not only commercial but also residential building. The safety issue is not only for residents, but also for City Staff/Firefighters. Another favorable item to look at is the economics which deals with the key rate insurance for all homeowners in the City of Allen. A spnnklered building could be a marketing tool to attract more people rather than curb their interest. Don Evans, Allen homebuilder, spoke before the Council and recommended that further study needed to be done to entice more "high end' homebuilders MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Gallagher, the Council voted six (6) for and one (1) opposed with Councilmember Kerr casting the negative vote to table Ordinance No. 1366-9-95 until January 4, 1996. The motion carried. 11 A I ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 19, 1995 Authorize Contracting for Design Services for Allen Station Park PAGE 7 (Agenda Item VIII) Park Director Rhoda Savage advised the Council of the selection process to hire a landscape design firm for Allen Station Park. Although nine (9) firms were invited to the preproposal meeting and six (6) actually attended the meeting, only three (3) firms submitted proposals for the job. Criteria used to evaluate the firms included the ability to respond to the needs of the City, experience, the firm engagement team, team experience, references, grant experience, and the unique approach in firm creativity A committee made up of Park Board members Mark Stout and Jim Waldbauer and Councilmembers Doug Gallagher and Steve Terrell, along with Parks Director Rhoda Savage reviewed and interviewed the firms of J T Dunkin & Associates, Newman, Jackson & Bieberstein and Clark Condon & Associates. MOTION: Upon a motion made by Councilmember Terrell and a second made by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to negotiate and execute a contract with Clark Condon & Associates to perform landscape design for Allen Station Park. The motion carried. Approve Location and Budget for Animal Control Shelter (Agenda Item IX) Police Chief Richard Carroll reviewed the budget and location for the Annual Control Shelter. The budget includes the following: Construction cost $245,000 Engineering and Architectural Fees 15,000 Site Preparation 10,000 Contingencies 5,000 Total $275,000 At this time, $12,500 is not funded in this budget. However, Staff will be looking for that amount prior to the actual construction. Ron Hobbs, architect, reviewed with the Council the building site, parking and location, and construction materials. He advised that everything in the animal shelter itself would be a masonry product. He also indicated that it may be difficult to build this structure within budget. Council discussed and expressed concerns regarding the ingress and egress to the shelter MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Terrell, the Council voted five (5) for and two (2) opposed with Councilmembers Kerr and Gallagher casting the negative votes to approve an amended budget of $275,000 which includes $100,000 from interest earned street bond funds for the construction of the animal shelter and the approval of the Allen Heights construction site. The motion carried ALLEN CITY COUNCIL I REGULAR SESSION OCTOBER 19, 1995 A PAGE 8 Minority comments: "concern was again expressed regarding site access and location and the capability of the site to be used at build -out." Other Business (Agenda Item X) Calendar (Agenda Item X -A) November 10 Holiday Party Quarter J Ranch Items of Interest (Agenda Item X -B) Municipal Messenger -- City Secretary Judy Morrison distributed information regarding the Municipal Messenger schedule and asked for additional article topics. City Secretary Judy Morrison indicated Holiday party tickets could be purchased at $7.50 per person. Constitutional Amendment Election guide was distributed to the Council. United Way information was distributed to the Councilmembers and the Council were asked to contribute through the City of Allen. Information for TML was distributed and Councdmembers were encouraged to save any receipts for reimbursement later. (Agenda Item XI) 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 1030 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to personnel reorganization, proposed property sale/transfer and Council employee evaluations. The Executive Session was adjourned at 12.43 am Reconvene (Agenda Item XII) The Allen City Council reconvened into regular session at 12:44 am on Friday, October 20, 1995, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. ALLEN CITY COUNCIL L REGULAR SESSION OCTOBER 19, 1995 PAGE 9 (Agenda Item XIII) MOTION: Upon a motion made by Mayor Pro Tem Lilly and a second by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12.45 a.m. on Friday, October 20, 1995. The motion carried. These mmutes approved on the2n�L day of November , 1995. APPROVED: Joe Farmer. MAYOR EATTEST: . J,oy Mo n, CMC, CITY SECRETARY I