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Min - City Council - 1997 - 06/05 - RegularALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem (absent) Lonnie Thomas Doug Gallagher (absent) Dave Powyszynski Kenneth Falk Melissa Owen City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary j DINNER AND WORKSHOP SESSION - 6:25 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 Terrell at 6:25 p.m. on Thursday, June 5, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Open Council Discussion (Agenda Item II) A question was asked regarding feedback on issues that had been brought up at a previous meeting. Contact will be made with the City Manager or with the Standing Committee, if a response is required A question was raised regarding temporary uses in certain areas of town, especially Bethany and SH 5 A temporary permit for a 45 -day period has been issued and a renewal can be accomplished after 45 -days. Staff has some concerns about these operations and the Planning and Zoning Commission will be looking at this issue. Don Horton, the new Parks and Recreation Director, will be honored at a reception on June 19 at the Joe Farmer Recreation Center and will be introduced to the Council at its meeting on that date. If there are any trash problems Council is aware of, they were asked to contact staff immediately so those problems can be resolved. A utilization report was shown to the Council regarding the Joe Farmer Recreation Center but the comparative report with other cities will be available at the next meeting. ALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 PAGE 2 Discussion has been held regarding the Allen Cemetery Approximately 200 plots of four sites each are still available. Discussion of Consent Agenda and Reeular Aeenda Items (Agenda Item IH) Discussion was held regarding the Current Housing Density Comparison Study Questions were especially brought up regarding the flood plain in the calculation and the gross versus net calculation. A question was asked with regard to natural gas lines in proximity to the request for a variance for a propane tank. It is approximately 5,000 feet away from the residence. Executive Session (Agenda Item IV) 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 7:00 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas in order to discuss matters pertaining to: City Board Appointments Staff Report on Economic Development Prospects Personnel The Executive Session was recessed at 7:27 p.m. 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 Terrell at 7:30 p.m on Thursday, June 5, 1997 in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. CONSENT AGENDA (Agenda Item VI) MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Fulk. the Council voted five (5) 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 May 15, 1997, Regular Meetings, Approve Minutes of the May 27, 1997, Special Called Workshop. C. Approve Minutes of the May 8, 1997, Budget Workshop. ALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 PAGE 3 D Authorize Execution of a Contract with the Low Bidder for the Construction of a Water Line Replacement on Greeting Gate and Ellis and Approve the Construction Budget. City Council authorized City Manager Jon McCarty to execute a contract with the low bidder, Sperling Co., for a unit cost contract of $110,920, contingency of $19,200 and completion within 90 days. E. Set June 19, 1997, as a Public Hearing Date for the Creation of Reinvestment Zone 1112. F Approve Resolution Supporting Reauthorization of Federal ISTEA (Intermodal Surface Transportation Efficiency Act) Highway Program. Resolution No. 1501-6-97(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Supporting the Streamlined Transportation Efficiency Program for the 21st Century; Encouraging State Officials to Work Towards Adoption of the Program Principles; and Directing the City Manager to Work with Local, State, and Federal Officials and Other Parties to Ensure Inclusion of Such Principles in Federal Highway Funding Reauthorization. G. Tax Report. H. Approve Bills Associated with the 1985 and 1994 Capital improvement Program. 1. Blair Graphics (Allen Station Park) $607 72 For: Reproduction of Plans for Allen Station Park to TPWD Funding Source: 1994 Park Bonds Periodthm May 22, 1997 2. American Grass Corporation (Animal Shelter) $825.00 For: Hydromulch land at shelter Funding Source: Animal Shelter Construction Funds Period- May 13, 1997 3. Paul Jaqua; c/o Gay, McCall & Isaacks, P.C. $540.00 [FM 2170 (US 75 to Custer Road)] For: ROW/United Methodist Church Funding Source: Facility Agreement Watters Crossing Period: April 2, 1997 4. John Hayes; c/o Gay, McCall & Isaacks, P.C. $360.00 [FM 2170 (US 75 to Custer Road)] For: ROW/United Methodist Church Funding Source, Facility Agreement Watters Crossing Period: April 2, 1997 ALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 PAGE 4 $450.00 $91.88 $1,594.50 $239,683.20 $1,84750 $68,268.50 $9,560.50 $126,339.09 5. Paul Stuckle; c/o Gay, McCall & Isaacks, P.C. [FM 2170 (US 75 to Custer Road)] For: ROW/United Methodist Church Funding Source: Facility Agreement Watters Crossing Period: April 2, 1997 6. Harte Hanks Community Newspaper (Asphalt Alley Replacement w/Concrete) For. Asphalt Alley Replacement 16-3 Funding Source: 1994 Street Bonds Period April 30, 1997 7 Alpha Testing, Inc. [Exchange Parkway (Watters to Alma)] For Testing for Project Funding Source: 1992 Street Bonds Period: April 30, 1997 8 1 C Evans Construction [24" Water Line on Custer Road (Ridgeview to FM 2170)] For: Water Line Construction Funding Source: 1992 Water/Sewer Bonds Period: Services thru April 30, 1997 9 Alpha Testing, Inc. (Ground Storage Tank at Stacy Road) For: Construction Costs for Project Funding Source Water Impact Fees Period. April 15 and April 30, 1997 10 Evergreen Funding corp. (Asphalt Alley Replacement w/Concrete) For: Asphalt Alley Replacement 16-3 Funding Source 1994 Street Bonds Period: June 3, 1997 11 L. A. Sears Construction, Inc. [Bethany Drive (US 75 to BelAir)] For: Payment #2 Funding Source. Drainage System Maintenance Period: May 1997 12. L A. Sears Construction, Inc. [Bethany Drive (US 75 to BelAir)] For Bill N2 Funding Source: Water Impact Fees Period: Services thru May 1997 PAGE 4 $450.00 $91.88 $1,594.50 $239,683.20 $1,84750 $68,268.50 $9,560.50 $126,339.09 ALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 13. Blair Graphics (Allen Station Park) For. Reproduction of Plans for Allen Station Park to Contractors Funding Source: 1994 Park Bonds Period: April 18 and April 22, 1997 14. Ron Hobbs, Architect (Animal Shelter) For: Architectural Services for New Shelter Funding Source: Animal Shelter Construction Funds Period: thou May 20, 1997 15. Concho Construction Co., Inc. [Exchange Parkway (Waiters to Alma)] For: Estimate #2 Funding Source: 1992 Street Bonds Period: May 30, 1997 16. Site Concrete, Inc. [Bethany Drive (Allen Heights to FM 255 1] PAGE 5 $405.16 $1,791.90 $151,317.14 $117,231.66 $2,303.75 $676.50 $272.50 $114,466.50 For: Construction Costs Funding Source: 1985 Street Bonds 17 Period: thin May 25, 1997 Site Concrete, Inc. [18" Water Line to Bethany Lakes Park] For: Construction Costs for Project Water Funding Source: 1985 Water/Sewer Bonds Period: dint May 25, 1997 18 Alpha Testing, Inc. [Bethany Drive (US 75 to BelAir)] For: Construction Costs for Project Funding Source: Water Impact Fees Period April 15 and April 30, 1997 19 Alpha Testing, Inc. [Exchange Parkway (Watters to Alma)] For: Invoice #18571 Funding Source: 1992 Street Bonds Period May 15, 1997 20. Alpha Testing, Inc. [Bethany Drive (US 75 to BelAir)] For: Invoice #18589 Funding Source Drainage System Maintenance Period: May 15, 1997 21. J. C. Evans Construction [24" Water Line on Custer Road (Ridgeview to FM 2170)] For Water Line Construction Funding Source: 1992 Water/Sewer Bonds Period: Services thm May 30, 1997 PAGE 5 $405.16 $1,791.90 $151,317.14 $117,231.66 $2,303.75 $676.50 $272.50 $114,466.50 ALLEN CITY COUNCIL ,] REGULAR MEETING JUNE 5, 1997 II PAGE 6 22. Advance Tank & Construction (Ground Storage Tank at Stacy Road) $151,062.43 For: Construction Costs for Project Funding Source: Water Impact Fees Period: thm May 31, 1997 23. Espey Huston & Assoc., Inc., [FM 2170 (US 75 to Custer Road)] $114,166.48 For: ROW/United Methodist Church Funding Source: Facility Agreement Watters Crossing Period: April 2, 1997 The motion carried. End of Consent Aeenda Council Committee Reports (Agenda Item VII) Development: No Report Finance/Administration: • Mayor/Council Budget • HTE Software Implementation • Tax Collection Contract • Cable TV Rate Study • Timeline for a Complete Vision Product Services: No Report Mayor's Committee: • Review Current Council Agenda • Economic Development Activity • Thank you note from Senior Citizens Citizen's Comments (Agenda Item VIII) There were no citizen's comments. ALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 PAGE 7 Presentation of a "City of Allen" Video Prepared by (Agenda Item IX) Leadership Allen Class VIII for the Allen Chamber of Commerce Sandy McGowan introduced the Leadership Allen Class. Every year the Leadership Allen Class has a project. This year the Leadership Allen Class VIII has made a video marketing the City of Allen. The video portrays the wonderful quality of life in Allen and is a positive tool to those businesses and individuals who are interested in relocating to Allen. One hundred (100) copies of the video will be presented to the Chamber of Commerce along with a marketing plan developed by the Leadership Allen Class VIII. Presentation of Current Housine Density Comparison Study (Agenda Item X) Bill Petty, Director of Community Development, in conjunction with the development of the Comprehensive Plan, felt a density study should be considered. As pan of the planning process for the City of Allen in 1991, the Comprehensive Plan included 31 Neighborhood Planning Districts Each of these districts was assigned development densities that could be expected within these districts. In terms of residential development, these intensities have been translated into residential densities expressed as dwelling units per acre. These residential densities, were calculated on a gross basis, including flood plain and designated open spaces. The average, city-wide gross density was projected to be slightly less than 3.2 dwelling units per acre. He reviewed the information included in the document by neighborhood districts, comparison of existing development densities to 1992 Comprehensive Plan, and single family densities by quadrant. It is staff's recommendation that at time of platting, staff look at "net" acres in calculations with zoning cases in the future. Council can look at this information and see what is projected for a neighborhood district and where the zoning case may place it. Council desires a "net" statistical calculation to consider open spaces and other amenities and an opportunity to look at zoning cases with additional clarity Mr. Petty reviewed various questions that have arisen due to the survey results. Guidance was requested for implementation of various goals and strategies It was suggested that Development Committee review the general goals and strategies and come back to Council with recommendations and final input. Planning and Zoning Commission has a primary role in the process and a summary could come forward from them. Council received this for informational purposes only Staff was authorized by Council to go forward with the Comprehensive Plan update and expect additional input from Council coming forward at a later date. Council took a brief recess. Consider a Variance to Ordinance No. 1095-492 to Allow a (Agenda Item XI) [ Propane Tank Installation at N9 Hieh Point Drive, Allen, Texas Mike Buckley presented information to Council, requesting a variance to Ordinance No. 1095-4-92 to allow for a propane tank. He presented a signed document from neighbors showing no objections to this request He also presented photos of his property ALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 PAGE 8 Council discussed possible safety hazards involved with this request. They also reviewed alternatives to propane heat. MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Powyszynski, the Council voted four (4) for and one (1) opposed with Councilmember Owen casting the negative vote to approve a variance to Ordinance No. 1095-4-92 to allow the installation of a propane tank using current installation requirements and that it be installed in the location proposed during tonight's presentation. The motion carried. Councilmember Owen opposed the motion due to lack of adequate Fire Protection/lack of adequate water pressure in the neighborhood. Consider Actions Related to Cable TV (Agenda Item XII) Rate Regulation and Approve Resolution Michael Stanger, Assistant City Manager, informed the Council that TCI, the City's cable TV franchisee, tiled rate increase notifications (FCC Forms 1240 and 1205) for the basic service tier and installation and equipment fees. The rates are scheduled to take effect June 1. The City's Cable TV and Telecommunications Advisory Committee has reviewed the rate filing, and concluded that the City should tl pursue rate regulation; meaning that we should conduct a study to determine appropriate rates, and then consider setting rates that are different than what TCI is charging. A coalition of eight cities including Flower Mound, Bedford, Colleyville, DeSoto, Wylie, McKinney, Grand Prairie and Cedar Hill, is using a single consultant to conduct rate studies for their communities. For an investment of $2,500, staff calculates that a $.10 reduction in monthly cable TV bills (7,500 subscribers) would yield a $9,000 savings for the community The Cable Board felt the citizens are wanting the City to stand up for them in the price increases and hopefully impact future TCI negotiations. Finance/Administration Committee recommends that the City Council adopt the proposed resolution and execute a letter of agreement. Resolution No. 1502-6-97(R): A Resolution of the City Council of Allen, Collin County, Texas, Authorizing the City Manager to Execute an Interlocal Agreement to Participate in a Coalition for the Purpose of Rate Regulation and Other Service Matters Concerning TCI Cablevision; and Authorizing the Coalition's Cities to Retain a Consultant. MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Owen, the Council voted five (5) for and none (0) opposed to approve Resolution No. 1502-6-97(R) as previously captioned at a rate not to exceed $2,500 in accordance with Finance/Administration Committee's recommendation. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 PAGE 9 Adopt an Ordinance Amending Chapter 9, Motor Vehicles (Agenda Item XIII) and Traffic, of the Code of Ordinances by Adding an Article XV Prohibiting Parking of Motor Vehicles on a Certain Section of Rivercrest Boulevard within the City Limits of the City of Allen Bill Petty, Director of Community Development, informed Council that the Development Standing Committee requested a traffic study be completed by Hunter Associates, Inc., regarding Rivercrest Boulevard. Because the width of the section of Rivercrest east of Roaring Springs and west of Sandy Creek is narrower than the remainder of that roadway, the traffic congestion during school opening and closing has been a major problem. Hunter Associates completed their study and offered three alternative solutions 1) Do nothing and accept the low (poor) level of service on Rivercrest Boulevard; 2) Add capacity to Rivercrest by removing parking or widening a portion of the roadway; and, 3) Create acceptable secondary routes that would attract traffic from Rivercrest, thereby reducing traffic demands. The Development Standing Committee directed an ordinance limiting the parking on Rivercrest Boulevard between Roaring Springs and Sandy Creek from 7:00 a.m. to 9:00 a in. and 2:00 p.m. to 4:00 p on. on school days be considered by Council. Ordinance No. 1503.6-97: An Ordinance of the City of Allen, Collin County, Texas, Amending Chapter 99 "Motor Vehicles and Traffic," of the Code of Ordinances of the City of Allen, Texas, by Adding an Article XV Prohibiting Parking of Motor Vehicles on a Certain Section of Rivercrest Boulevard Within the City Limits of the City of Allen; Declaring it Unlawful and a Misdemeanor to Park Motor Vehicles upon Said Portions of Said Roadway Within the Limits Herein Defined; Providing a Repealer Clause; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Owen, the Council voted five (5) for and none (0) opposed to approve Ordinance No. 1503-6-97 as previously captioned in accordance with Development Committee's recommendation. The motion carried. Other Business: (Agenda Item XIV) A Calendar Council Photo 7:00 p.m. June 19 • Budget Retreat August 15 - 17 Feedback to Finance/Administration Committee regarding Budget Retreat agenda prior to June 30 I ALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 PAGE 10 B. Appoint Member as Voting Representative to North Central Texas Council of Governments (NCTCOG) • Councilmember Melissa Owen was appointed to serve as the Voting Representative to the NCTCOG. C. Items of Interest • General Assembly Meeting June 6 • AMCC July 24-27 D Update Regarding the Community Facilities Study • Campaign outline was presented to Council for suggestions The regular Council meeting was recessed at 1020 p.m. and Council reconvened into Executive Session at 1030 p in. on Thursday, June 5, 1997, in the Conference Room of the Allen Public Library Executive Session (Agenda Item IV) 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 reconvened into Executive Session at 1030 p m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas in order to continue discussing matters pertaining to: City Board Appointments Staff Report on Economic Development Prospects Personnel Proposal The Executive Session was adjourned at 11:45 p.m. Reconvene and Consider Action on Items Discussed Durine Executive Session (Agenda Item V) The Allen City Council reconvened into regular session at 11:47 p.m. on Thursday, June 5, 1997, in the Council Chambers of the Allen Public Library The Boards and Commission Interview Committee placed the following names as a slate of nominations for the specific places on the following boards: Planning and Zoning Commission Expiration Date Place No. 2 - Mark Pacheco September 30, 1998 MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Fulk, the Council voted five (5) for and none (0) opposed that nominations cease and that the individual ALLEN CITY COUNCIL REGULAR MEETING JUNE 5, 1997 PAGE 11 previously nominated be appointed by acclamation to the designated place on the Planning and Zoning Commission. The motion carried. Keep Allen Beautiful Board MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Powyszymki, the Council voted five (5) 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 Keep Allen Beautiful Board. The motion carried. Adjourn (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Powyszymki and a second by Councilmember Fulk, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:50 p.m. on Thursday, June 5, 1997 The motion carried These minutes approved on the 19th day of June , 1997 ATTEST: � �d��l � �it�c,z�>✓ CMC, CITY SECRETARY I APPROVED: Stephen Terrell, MAYOR Expiration Date Place No. I - Sandra Sanders September 30, 1999 Place No. 2 - Heidi Smalley September 30, 1998 Place No. 3 - Sherry Johnson September 30, 1999 Place No. 4 - Patricia Buckley September 30, 1998 Place No. 5 - Lonnie Simmons September 30, 1999 Place No. 6 - Melissa Owen September 30, 1998 Place No. 7 - Phillip Lakin, Jr. September 30, 1999 MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Powyszymki, the Council voted five (5) 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 Keep Allen Beautiful Board. The motion carried. Adjourn (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Powyszymki and a second by Councilmember Fulk, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:50 p.m. on Thursday, June 5, 1997 The motion carried These minutes approved on the 19th day of June , 1997 ATTEST: � �d��l � �it�c,z�>✓ CMC, CITY SECRETARY I APPROVED: Stephen Terrell, MAYOR