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Min - City Council - 1997 - 10/16 - RegularALLEN CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 Present: Stephen Terrell, Mayor Councilmembers• David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Dave Powyszynski Kenneth Fulk Melissa Owen City Stag: Jon McCarty, City Manager (absent) Michael Stanger, Assistant City Manager Judy Morrison, City Secretary 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, October 16, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Oven Council Discussion (Agenda Item II) It was announced that the Compost Facility Grand Opening took place this past week and was well attended The Allen Police Department has made several arrests during the last few weeks that were substantial. Two vehicle stops provided drug confiscations due to the K-9 unit Several other major deals were broken up in Allen. The Police Department provided video for Council to view Information was distributed and is being reviewed by the Council in anticipation of a joint meeting with regard to a natatorium. The Police Chief selection process is nearing completion. The City Manager has requested Council to meet socially with the finalist; however, Council questioned the input requested by the City Manager of the social occasion since Council would not have reviewed the applicants' qualifications U ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 PAGE 2 In response to a memo from a recent Twin Creeks Homeowner's Association meeting, responses were developed by Staff and reviewed by Council. Discussion of Consent Agenda and Regular Agenda Items There was no discussion on the Consent Agenda and Regular Agenda items. (Agenda Item II1) The workshop session of the Allen City Council was recessed at 7'00 p m, on Thursday, October 16, 1997 Executive Session (Agenda Item IV) In accordance with The Texas Local Government Code, Legal, Section 551071, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 7:05 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to discuss matters pertaining to: Personnel, Board Appointments Pending Litigation Purchase of Park Property The Executive Session was recessed at 7 38 p.m. REGULAR SESSION - 7:45 P.M. With a quorum of the Councihnembers present, the regular session of the Allen City Council was convened by Mayor Terrell at 7 45 p.m. on Thursday, October 16, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. CONSENT AGENDA (Agenda Item VI) Councdmember Gallagher requested that the following item be pulled from the Consent Agenda: E Approve a Resolution Consenting to Acquisition, Construction and Equipping of a Health Care Facility in Allen. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, 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: EA. Approve Minutes of the October 2, 1997, Regular Meeting. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 PAGE 3 B. Approve Bids and Authorize Contract for Rtdgemont Drainage Improvements DR -04 Council authorized the City Manager to enter into a contract with Dowager Construction for the construction of the Ridgemont Storm Sewer Project DR -04 in the amount of $82,565. A budget for the project includes $5,000 for engineering, $5,435 for contingency for a total budget of $93,000. Authorize Contract and Approve Budget for the Testing of Materials on the McDermott West Project. Council authorized the City Manager to enter into a contract with Trinity Engineering Testing Corporation for the testing of materials on the McDermott West Project in the amount of $80,000. A budget for the project includes: Item Budget Road $10,148,724.03 Engineering $787,50000 Sidewalks $410,425.00 Landscaping $179,221.90 Right -of -Way $100,000.00 Street Lights $278,000.00 Relocate Utilities $400,000.00 Materials Testing $80,000.00 Contingency $316,129.07 TOTAL $12,700,000.00 D. Approve a Resolution Commemorating the 80th Anniversary of the Texas Department of Transportation (TxDOT). Resolution No. 1542-10-97(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Celebrating the 80 Years of Service for the Texas Highway Department of Transportation. Approve Bills Associated with the Capital Improvement Program. McKinney Office Supply (FM 2170/US75 to Custer Road) $82.36 For: Purchase of Desk Mats for Construction Trader Funding Source: Facility Agreement Watters Crossing Period October 10, 1997 2. Rey Bach, Inc. (Station N4) $89,581.00 For: Construction Funding Source: 1996 Bonds Period: thin September 30, 1997 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 PAGE 4 3. Ron Hobbs, Architect (Station #4) $2,652.21 For Architectural Services Funding Source: 1996 Bonds Period: thin September 24, 1997 4 Payless Cashways, Inc (Station #4) $321 18 For: Equipment Funding Source: 1996 Bonds Period: September 26, 1997 5. Texoma Fire Equipment (Station #4) $40100 For Equipment Funding Source: 1996 Bonds Period: September 26, 1997 6. Texas Contractors Supply Co. (Station #4) $31949 For: Equipment Funding Source: 1996 Bonds 1 7 Period: September 26, 1997 Motorola (Station #4) $4,500 00 For: Furniture Funding Source: 1996 Bonds Period: September 18, 1997 8. Ron Hobbs, Architect (Station #3) $743 94 For: Architectural Funding Source: 1994 Bonds Period. Services thin September 24, 1997 9 H L. Zumwalt Constinction (Allen Station Park) $1,037,740.10 For: Allen Station Park Constinction Funding Source: 1996 Park Bonds Period thin September 30, 1997 10. Mity-Lite, Inc. (Station #4) $2,074 05 For: Furniture Funding Source. 1996 Bonds Period, October 6, 1997 I1. Harte Hanks Community (FM 2170/US 75 to Custer Road) $76.12 For: Advertising for McDermott West Project Funding Source. Facility Agreement Watters Crossing Period, September 10 and September 17, 1997 ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 PAGE 12. Bill Stratton (FM 2170/US 75 to Custer Road) $42.00 For New Keys for Construction Trailer at Rowlett Funding Source: Facility Agreement Watters Crossing Period: October 9, 1997 13. Payless Cashways, Inc. (FM 2170/US 75 to Custer Road) $471 10 For: Purchase Materials to Build Ramps and Steps at Construction Trailer Funding Source: Facility Agreement Watters Crossing Period: October 7, 1997 The motion carried E. Approve a Resolution Consenting to Acquisition, Construction and Equipping of a Health Care Facility in Allen. This resolution does not affect the zoning that is now being reviewed by the Planning and Zoning Commission. Resolution No. 1543-10-97(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Consenting to Acquisition, Construction and Equipping of a Health Care Facility and the Issuance of Bonds to Finance Such Facility. MOTION: Upon a motion made by Councdmember Gallagher and a second by Councdmember Fulk, the Council voted seven (7) for and none (0) opposed to approve Item E on the Consent Agenda as previously captioned. The motion carried. End of Consent Agenda Council Committee Reports (Agenda Item VII) Finance/Administration Acknowledgment was made of Allen residents requesting support for fast pitch scholarships. Development Services: • Establish 1997-98 Work Program. • Health Ordinance. • Fee Survey • Renaming of Federal Drive. H A ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 PAGE 6 Services: • Update on Fire Station #4. • New Radio Communication System / Allen and Frisco. • Update on Neighborhood Parks. • Work Plan. • 4-B Board Items do not need to be reviewed by a Standing Committee. Mayor's Committee: • Current Council Agenda. • Temporary Seasonal Products. • Municipal Messenger Schedule. Citizen's Comments (Agenda Item VIII) Ms. Michelle Lyman and Ms. Marcie Lyman, 5903 E. Parker Road, Parker, Texas, spoke before the Council as members of the Leukemia Team in Training that raises money to promote leukemia research and will be running in honor of Rachel Leach in the Honolulu Marathon. They requested support for this effort. Tabled Item: Adopt an Ordinance Establishing (Agenda Item IX) Maximum Rates for Cable Television Services and Associated Equipment MOTION: A motion was made by Councilmember Powyszynski to remove this item from the Table. The motion died for lack of a second. Public Hearing to Amend Planned Development No. 55 Located South of McDermott Drive and West of Angel Drive as Requested by the Allen Central, Ltd. (Agenda Item X) Community Development Director Bill Petty indicated the subject property is a 13.6 acre tract located on the south side of McDermott and along the west side of Angel Drive. Originally, the property east of Angel Drive was zoned Planned Development No. 8 for General Business Uses, and the land between Angel and Watters was zoned Planned Development No. 26 for Commercial Uses. In 1994, a 135 acre tract which contained portions of Planned Development No 8 and Planned Development No. 26 were rezoned which established Planned Development No. 55. However, at this time, the subject 13.6 acres were not under the same ownership and therefore not zoned as a part of Planned Development No. 55 These tracts have since been acquired by the proponent The proponent is also in the process of requesting City Council's approval for the abandonment of Angel Drive. The City's Traffic Consultant reviewed this request and is in agreement with the traffic management standards as being offered by the proponent. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 PAGE 7 Mr. Dave Dennison, 8100 Lomo Alto, Dallas, Texas, indicated the display would be allowed for Florist or garden item in Tract 4 only With no one else speaking for or against the request, Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Councilmember Fulk and a second Councilmember Owen, by the Council voted seven (7) for and none (0) opposed to confirm the Planning and Zoning Commission recommendation to approve the request by Allen Central, Ltd., to amend Planned Development No. 55. The motion carried. Consider Abandonment of Angel Drive South of (Agenda Item XI) McDermott Drive Community Development Director Bill Petty indicated that Angel Drive right-of-way be abandoned in order to support the development of a major retail center This right-of-way will become a private drive to the proposed retail center. All utilities will be retained within easements. Ordinance No. 1544-10-97: An Ordinance of the City of Allen, Collin County, Texas, Abandoning An Right, Title and Interest in and to Angel Drive, Being a 2.2351 Acre Tract of Land Situated in the Catherine Parsons Survey, Abstract No. 711 and in the Michael See Survey, Abstract No. 543 and in the William Perrin Survey, Abstract No. 708 in the City of Allen, Collin County, Being Bounded on the North by McDermott Drive; Providing for the Conveyance Thereof to the Abutting Property Owners; Quitclaiming AB Right, Title and Interest of the City of Allen in such Rightof-Way to Abutting Property Owners; Authorizing the City Manager to Execute any Documents Deemed Necessary; Providing for a Severability Clause; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Powyszymki, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1545-10-97 as previously captioned in accordance with City staffs recommendation. The motion carried. Other Business (Agenda Item Its I ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 A. Calendar PAGE Council was reminded of the Texas Municipal League Conference. A packet of information was distributed to them this evening. The Regular Session was recessed at 855 p.m. 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 9:00 p.m. in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaming to The Executive Session was adjourned at 9:30 p in. October 19 Reception honoring Dr. Erwin as 2'00 - 4:00 Anderson Elementary Texas Superintendent of the Year October 24 Allen High School 2000 1200 Groundbreaking Ceremonies October 25 Hollywood Hoe-down (ACO) 6.30 October 27 Joint AISD / Council Meeting 600 October 29-31 TML Conference November 15 Texas Recycles Day / Trash Off / 7:00 - 2'00 Ford Park EarthFest B. Telecommunications License Agreements Assistant City Manager Michael Stanger provided information regarding new telecommunications agreements: those that lease from current company and those that build their own lines. He also discussed franchise fees C. Municipal Messenger City Secretary Judy Morrison reviewed the Municipal Messenger schedule and requested additional articles from the Council if they are interested in providing one. D Items of Interest Council was reminded of the Texas Municipal League Conference. A packet of information was distributed to them this evening. The Regular Session was recessed at 855 p.m. 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 9:00 p.m. in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaming to The Executive Session was adjourned at 9:30 p in. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 16, 1997 PAGE 9 Reconvene and Consider Action on Items Discussed (Agenda Item V) During Executive Session MOTION: Upon a motion made by Councilmember Owen and second by Councilmember Powyszynski, the Council voted seven (7) for and none (0) opposed to direct Staff to investigate the purchase of property and identify a source of funding and report back at the next Council meeting with regard to this item. The motion carried. (Agenda Item XIII) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszynski, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9.35 p.m. on Thursday, October 16, 1997 The motion carried. These minutes approved on the 6th day of November, 1997 ATTEST: ���t-ems Ju Morn, CMC, CITY SECRETARY A, APPROVED: Stephen Terrell, MAYOR