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Min - City Council - 1997 - 11/20 - RegularALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas (absent) Doug Gallagher Dave Powyszymki Kenneth Fulk Melissa Owen City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary Y DINNER AND WORKSHOP SESSION - 6:20 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 6,20 p in. on Thursday, November 20, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Open Council Discussion (Agenda Item ID It was reported that the environmental fair was a huge success during the trash -off this past weekend. Everyone was complimented for their enthusiasm in Keeping Allen Beautiful The Joe Farmer Recreation Center exercise facility had an excellent turnout for its grand opening held on Sunday Council was informed that the Dallas Regional Mobility Coalition will include a representative from Frisco/McKinney and Allen/Wylie. It is anticipated that Mayor Seei from Frisco will represent the western portion of Collin County and Mayor Terrell will represent the Allen/Wylie section A meeting was held this past week with Judge Ron Harris regarding the ROW on SH 121. Information was distributed regarding multi -family zoning showing comparisons to the 1992 Comprehensive Plan. Council was asked to express any concerns about multi -family ratios since the Comprehensive Plan is currently being updated. Council was also asked to consider having a workshop sometime in February regarding the first draft of the Comprehensive Plan and also consider a Planning and Zoning Commission/Council Joint Public Hearing to receive public input. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 PAGE 2 Since the Allen Independent School District is doing a study regarding multi -family affects on the school district, it was felt that Council needed special facts and figures to show exactly what is happening in the community The City will become more proactive through a higher level of property maintenance code regulations so that the multi -family buildings do not become in disrepair. Discussion of Consent Agenda and Regular Agenda (Agenda Item III) Discussion was held regarding Agenda Item XII, Public Hearing to Consider a Request for a Specific Use Permit (SUP) with Site Plan Approval to Allow a Teen Club at 1201 E. Main Street, Suites 220 and 230, as Requested by Teen Zone, Inc. Council questioned the Teen Club proximity to the restaurant zoning which has a special use permit to sell alcoholic beverages. Discussion was held regarding the Tabled Item XIII, Adopt an Ordinance Establishing Fees for the Purchase of Cemetery Grave Sites It was suggested that this item be taken off the table to receive information from the Services Standing Committee and then returned to the table for action at the December 4 Meeting. The workshop session of the Allen City Council was recessed at 7:05 p in. on Thursday, November 20, 1997 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 7'11 p.m in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to discuss matters pertaining to: • Litigation - Parker vs. Allen • Personnel - Appointment The Executive Session was recessed at 7 40 p.m. Reconvene and Consider Action on Items Discussed (Agenda Item V) During Executive Session The Allen City Council reconvened into regular session at 7.45 p.m on Thursday, November 20, 1997, in the Council Chambers of the Allen Public Library There was no action taken on items discussed in Executive Session. REGULAR SESSION - 7:45 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was convened by Mayor Terrell at 7,45 p.m. on Thursday, November 20, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 PAGE 3 CONSENT AGENDA (Agenda Item VI) MOTION: Upon a motion made by Councibnember Gallagher and a second by Councilmember Owen, 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. Approve Minutes of the November 6, 1997, Regular Meeting. B. Authorize Contract and Approve Budget with TxDot (Texas Department of Transportation) for Additional Tum Lanes and Median Openings on SH 5. City Council authorized the City Manager to execute an agreement with the State to fund the additional tum lanes and median openings on SH 5 for the amount of $190,172.42. These funds will be used by the State as follows: 1) $119,762.00 - Estimated contract costs for median cuts. etc., 2) $8,383 34 - State engineering and inspection (7%); 3) $46,32477 - Conuact engineering redesign; 4) $15,702.31 - State indirect Costs (9%). The new budget for the program is shown below � Item Right -of -Way Budget $123,50000 Street Lights 300,000.00 Landscape & Irrigation 92,000.00 Sidewalks 417,327.58 Cottonwood Creek Bridge Extra 140,000.00 Median Cuts 190,172.42 Contingency -0- Totals $1,263,000.00 C. Adopt an Ordinance Confirming Action of City Council on November 6, 1997, to Allow a Specific Use Permit (SUP) for a Helistop with Site Plan Approval for a 13.649 Acre Tract of Land Located at 105 West Bethany Drive as Requested by KREG-SW, L.P Ordinance No. 1552-11-97: An Ordinance of the City of Allen, Coffin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, by Granting a Specific Use Permit for a Helistop on the Following -Described Tract of Land: 13.649 Acres of Land Located in the William Perrin Survey, Abstract No. 708, Lot 1-A, Block 1, Enterprises No. 2 Subdivision, City of Allen, Collin Comity, Texas; Providing for Terms And Conditions as Follows: (1) Termination on December 31, 1998 (2) Prior to December 31, 1998, the City Council may Extend the Specific Use Permit Based Upon a Review of any Complaints; Providing for Exhibit "A" Site Plan and Exhibit 'B" Legal Description; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand `M1 Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for ■■.Y the Effective Date of Said Ordinance. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER20, 1997 PAGE Approve a Resolution Authorizing the City of Allen to Participate with Other Texas Cities in the Texas Coalition of Cities for Franchised Utility Issues. Resolution No. 1553-11-97(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing the Participation of the City of ARen with Other Texas Cities in the Texas Coalition of Cities for Franchised Utility Issues; Naming a Representative to the Steering Committee; Authorizing Payment of a Participation Fee and Providing an Effective Date. E. Set December 18, 1997, as the Public Hearing Date on a Request to Place Permanent Zoning on 12.520 Acres of Land Located East of Heritage Parkway between Park Place and Bethany Drive. F Approve Bills Associated with the Capital Improvement Program. I. Thomas C. Cate (ASPI-Cedar Drive) $6,000.00 For: Drainage Easement Funding Source. CDC, 1997 Bonds 2. Period: November 3, 1997 Trinity Engineering Testing Corp (ASPI-Cedar Drive) $2,726.00 For: Testing Services Funding Source: CDC, 1997 Bonds Period: October 31, 1997 3. Alpha Testing, Inc. (Bethany Drive/US 75 to BelAir) $12700 For. Testing Funding Source: Watters Crossing Facility Agreement Period October 15, 1997 4. H. L. Zumwalt Construction (Allen Station Park) $415,381.80 For: Allen Station Park Construction Funding Source: 1996 Park Bonds Period: thin October 30, 1997 5. Collin County Public Works Dept. (Exchange Parkway/Watters to Alma) $22,894.40 For: Two Course Asphalt Surface Rowlett Road Funding Source: Twin Creeks Facility Agreement Period: September 30, 1997 6. Collin County Public Works Dept (Bethany Drive/US 75 to BelAir) $97,024.23 For: Rock Base with Two Course Asphalt Surface Funding Source: '92 Street Bonds Period: September 30, 1997 C ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 7 Trinity Engineering Testing Corp. (FM 2170/US 75 to Custer Road) For: Testing for McDermott West Funding SourceFacility Agreement Watters Crossing Period: October 31, 1997 8. Alpha Testing, Inc. (Allen Station Park) For: Allen Station Park Concrete Testing Funding Source: 1996 Park Bonds Period: thm September 15, 1997 9 Clark Condon Associates (Allen Station Park) For: Allen Station Park Basic Services Funding Source: 1996 Park Bonds Period: dim October 31, 1997 10 Concho Construction Co., Inc. (Exchange Parkway/Watters to Alma) For: Estimate #7 Funding Source: Twin Creeks Facility Agreement Period: November 17, 1997 11. Rey Bach, Inc (Station #4) For: Construction Funding Source: 1996 Bonds Period: dim October 30, 1997 12. Alpha Testing, Inc. (Station #4) For: Contingencies Funding Source. 1996 Bonds Period: thru October 15, 1997 13. Casco Industries Incorporated (Station #4) For: Equipment Funding Source: 1996 Bonds Period. October 29, 1997 14. Signs Direct, Inc. (FM 2170/US 75 to Custer Road) For: Purchase of Signs Funding Source: Facility Agreement Watters Crossing Period: November 11, 1997 The motion carried. End of Consent Aeenda PAGE 5 $1,109.00 $359.00 $4,224.84 $1,81545 $70,117 10 $448.00 ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 PAGE 6 CouncB Committee Reports (Agenda Item VII) Development Services: • Mobility 2020. • Fees for Allen Independent School District. • Review of Health Ordinance Revision. • Ordinance Requiring Administrative Fee for Backflow Prevention Assembly Testers. FSnapce/Administration: • No Report Services: • Update on Fire Station #4 • Update on Traffic Unit. • Cemetery Endowment Fund. • Drug Enforcement Unit Considerations. Mayor's Committee: • Current Council Agenda. • Joint Signal Venture with the City of Plano at Chaparral and Jupiter Road intersection. A. Tabled Item: Status Report on Work Program for Fiscal Year (FY) 1996-97 Development Standing Committee: • Completed 1. Relocation of Council Chambers. 2. Addressed traffic issues in the 900 block of Rivercrest 3. Recommended purchase of 24" water line in Ridgeview from NTMWD 4. New 3 -million gallon water storage tank at Stacy pump station 5. Committed land for new elevated water storage tank at Malone/Bethany through zoning. 6. Addressed alternate east/west routes through the Bethany and Exchange road projects. 7 Addressed provision of water and sewer to the northeast quadrant through zoning. 8. Addressed Butler Drive alignment. 9 Considered need for staff arborist. 10. Recommended expanded service to NTMWD for Custer Road community drop-off center. 11. Recommended updated permit fee schedule to Council. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 PAGE 7 Underway 1. Update of Comprehensive Plan, Thoroughfare Plan, and Subdivision Ordinance. 2. Development of CBD vision, traffic/circulation plan, highest and best uses. 3. Inclusion of updated Bicycle Plan into Thoroughfare Plan and Subdivision Ordinance. 4. Development of new City Hall. 5. Redesign of traffic signals at Jupiter/Bethany intersection. 6. Rename State and Federal to Central Expressway North and South. • Underway 1. Participated in joint committee with AISD and Chamber to develop a "vision statement" and logo; intend to pursue further at joint Council -School Board meeting in January 1998. 2. Led petition submitted to NTMWD for water/sewer membership; will support election to be held by TNRCC in 1998 3. Recommend written agreements for joint use of facilities with AISD • On-going 1 Conduct a workshop with board members in conjunction with a Council vision statement. 2. Maintain close relationship with AISD, especially with respect to Allen Station Park/AHS 2000. B. Tabled Item, Approve FY 1997-98 Standing Committee Work Programs. • Ongoing/Continuous I. Provide quarterly updates to Finance/Administration Standing Committee regarding CIP 2. Provide Council with itemized CIP bills monthly for approval. 3. Continue to monitor approved CIP and CDC-CIP projects 4. Continual Work Plan update. Mayor's Standing Committee: • Completed �+ 1. Held "connect -with -mission" conference with board & commission representatives for purpose of orientation and alignment. 2. Recommended legislative program for Council adoption. 3. Recommended and participated in Coalition of Cities for Economic Development, successfully defending the 4A and 4B statutes. 4. Reviewed and agreed to job description for Public Information Officer. 5. Reviewed proposal and decided against using budget retreat for Council -Manager team building. • Underway 1. Participated in joint committee with AISD and Chamber to develop a "vision statement" and logo; intend to pursue further at joint Council -School Board meeting in January 1998. 2. Led petition submitted to NTMWD for water/sewer membership; will support election to be held by TNRCC in 1998 3. Recommend written agreements for joint use of facilities with AISD • On-going 1 Conduct a workshop with board members in conjunction with a Council vision statement. 2. Maintain close relationship with AISD, especially with respect to Allen Station Park/AHS 2000. B. Tabled Item, Approve FY 1997-98 Standing Committee Work Programs. ALLEN CITY COUNCIL REGULAR MEETING s NOVEMBER 20, 1997 Development Standing Committee: PAGE 8 • New Or Updated Items For 1997-98 Work Program 1. Revision of City of Allen Health Ordinance to new State standards. 2. Develop and fond a new 5 -year Capital Improvement Program (CIP). 3. Overview of TXDOT Highway 5 construction project. 4. Consider new traffic signals as required. 5. Update ordinances as needed to accommodate multi -model transportation issues. Mayor's Standing Committee New Items for 1997-98 Work Program 1. Develop a method that we can apply to evaluate the need for a full-time City Attorney 2. Serve as liaison from staff and consultants to Council regarding site selection, design and construction of City Hall. 3. Re -do the judge's contract and consider tuneframe for a full-time judge. 4. Obtain representation on RTC for Allen, McKinney, Frisco and Wylie. 5. Observe city-wide economic revenue study (with emphasis on CBD) including service as liaison to AFDC Board. Citizen's Comments (Agenda Item VIII) There were no citizen's comments. Request to Appear from Judge John Payton of the (Agenda Item IX) Allen Jaycees Regarding the Annual Christmas Parade John Payton stated that the Jaycees and Allen Chamber of Commerce are planning and organizing this year's Christmas program entitled, "Home for the Holidays." The theme is the 12 Days of Christmas Parade line-up will begin at 1.30 p.m and the parade will begin at 4'00 p in on Saturday, December 6. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszynski, the Council voted six (6) for and none (0) opposed to approve the Jaycee's and Chamber of Commerce's request to provide the Allen Christmas Parade. The motion carried. Public Hearing to Consider the Recommendation of (Agenda Item X) the Planning and Zoning commission to Amend the Uses Allowed to Include Hospital Uses on a 30.5± Acre Tract of Land and a 35.3+ Acre Tract of Land Located West of Central Expressway (IIS 75), North and South of Exchange Parkway as Requested by Janice Britiingham ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20,1997 PAGE 9 Community Development Director Bill Petty indicated the current request is to amend the current use to allow for a hospital as a permitted use in the Corridor Commercial/Entertainment (CC/E) District A helistop would be an appropriate ancillary use to a medical facility The proponent, Donna Halstead of Masterplan, presented a land use map and concept plan Mayor Terrell 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 for or against the request, Mayor Terrell closed the public hearing. Initially, Presbyterian Hospital Systems is proposing a 75,000 square foot facility Council expressed appreciation for this request as being an excellent addition to the community MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission to amend Tracts 1 and 2 in Planned Development No. 54 and to add a Helistop as allowable by Specific Use Permit. The motion carried. R Public Hearing to Consider the Recommendation of (Agenda Item RI) the Planning and Zoning Commission to approve a Site Plan for a Service Station with a Convenience Store on 1.033 Acres of Land Located at the Southwest Comer of Main Street and Allen Heights Drive as Requested by MCF Design Group Community Development Director Bill Petty indicated the property is a 1.102 acre parcel located at the southwest corner of Allen Heights Drive and East Main Street. The property is already zoned and needs only a site plan at this time. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Ms. Shirley Mable, 1300 Petunia, Allen, Texas, expressed concern regarding the effect on residential values in this area. With no one else speaking for or against the request, Mayor Terrell closed the public hearing. A question was raised regarding the exit from the car wash area. The traffic consultant indicated this was an adequate design. Since no median access is available off East Main Street, staff was questioned on this point Medians are provided on a per foot basis rather than development. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 PAGE 10 MOTION: Upon a motion made by Councilmember Gallagher and seconded by Councihnember Owen, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission to approve the site plan as shown. The motion carried. Public Hearing to Consider a Request for a Specific (Agenda Item XII) Use Permit (SUP) with Site Plan Approval to Allow a Teen Club at 1201 E. Main Street, Suites 220 and 230, as Requested by Teen Zone, Inc. Community Development Director Bill Petry indicated the subject property is located in Suites 220 and 230 of the Allen Heights Shopping Center which is located on the northwest comer of Allen Heights Drive and Main Street The property allows a teen club by Specific Use Permit. The Police Department expressed concern regarding the activities likely to occur outside the facility, especially in the parking lot It is the intent of the proponent to control the activities inside the facility; however, there needs to be a means to control for potentially illegal and nuisance activities in the parking lot, such as loud noises from radios, and cars and smoking or drinking of underage persons. The land owner as well as the operator of the facility could be liable. The proponent mentioned that a security guard may be employed in the future. It is recommended that a security guard be employed, at a minimum during peak 1 hours, from the initial opening of the facility The Police Department suggested that the facility operator carry appropriate liability insurance for this facility The Planning and Zoning Commission required several stipulations: 1) hours of operation (open to customers) shall not be prior to 3:00 p.m. on Allen Independent School District school days, and closing shall be one hour prior to Allen Curfew; 2) security personnel shall be provided at a minimum of Friday and Saturday evenings during hours of operation; 3) capacity shall be limited to 175; and, 4) the Specific Use Permit shall expire with vacation of the premises by a teen club. Ms. Lora Tennysen, 720 Bluebonnet drive, Allen, Texas, spoke before the Council asking for additional late nights on Prom Night, New Year's Eve and Day She also asked allowance for a "lock -in." Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Mr. Daniel Callahan, 409 N. Allen Heights Drive, Allen, Texas, did not speak, but recorded opposition to the request due to parking lot and street activities. He requested that this item be tabled for further citizen input. Mr. Paul Davidson, 405 Rose Drive, Allen, Texas, asked the age limits for this club He expressed concern due to security requirements, additional traffic, proximity to schools, and smoking and drinking laws. r Ms. Fajardo, 611 East Ridge, Allen, Texas, spoke in favor of the request because she felt that the kids ■■iY would have a place to go and have something to do. With no one else speaking for or against the request, Mayor Terrell closed the public hearing. PAGE 11 Council asked the Specific Use Permit be removed from the corner restaurant area if this use is approved. Also, the notation of school days should be regular school days, not summer session. The Specific Use Permit continues until this business is changed. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Powyszymki, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission with the clarification of the hours of operation shall be not prior to 3:00 p.m. on any day that is within the regular school year calendar and closing I hour before City of Allen curfew; that lock -ins be allowed on a contractual basis with a single, outside group and shall commence no earlier than regular closing time of the normal operation and shall be terminated no later than 8.00 a.m. the following morning, and authorize the permit to be renewable at the option of the City Council one year after the issuance of the Certificate of Occupancy The motion carried. Tabled Item: Adopt an Ordinance Establishing Fees (Agenda Item XIII) for the Purchase of Cemetery Grave Sites MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Fulk, the Ll Council voted six (6) for and none (0) opposed to remove this item from the Table. The motion carried. The Services Standing Committee informed the Council that the City Attorney has instructed the City it can use only interest on the principal money for maintenance. In order to break even, a $750 per lot charge would need to be made. Discussion was held regarding varying fees for residents versus non-residents. A suggestion was made that the City might consider citizen groups for beautification projects at the cemetery Another suggestion was made for a donation letter be sent out to families of those individuals already buried at the cemetery approximately once a year to generate additional funding for maintenance of the property There was no action taken on this item. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to table this item. The motion carried Adopt an Ordinance Establishing a ProRata Charge (Agenda Item XIV) for Waterlines Constructed or Purchased by the City of Allen Public Works Director George Conner informed the Council that the City has constructed or purchased several waterlines throughout the City using CIP funds. The developer is normally required to pay for the first 12 inches of any waterline adjacent to a new development. The City pays for all oversizing over the first 12 inches. The pro -rata ordinance establishes a 12 inches equivalent cost for the first 12 inches of these ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 PAGE 11 Council asked the Specific Use Permit be removed from the corner restaurant area if this use is approved. Also, the notation of school days should be regular school days, not summer session. The Specific Use Permit continues until this business is changed. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Powyszymki, the Council voted six (6) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission with the clarification of the hours of operation shall be not prior to 3:00 p.m. on any day that is within the regular school year calendar and closing I hour before City of Allen curfew; that lock -ins be allowed on a contractual basis with a single, outside group and shall commence no earlier than regular closing time of the normal operation and shall be terminated no later than 8.00 a.m. the following morning, and authorize the permit to be renewable at the option of the City Council one year after the issuance of the Certificate of Occupancy The motion carried. Tabled Item: Adopt an Ordinance Establishing Fees (Agenda Item XIII) for the Purchase of Cemetery Grave Sites MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Fulk, the Ll Council voted six (6) for and none (0) opposed to remove this item from the Table. The motion carried. The Services Standing Committee informed the Council that the City Attorney has instructed the City it can use only interest on the principal money for maintenance. In order to break even, a $750 per lot charge would need to be made. Discussion was held regarding varying fees for residents versus non-residents. A suggestion was made that the City might consider citizen groups for beautification projects at the cemetery Another suggestion was made for a donation letter be sent out to families of those individuals already buried at the cemetery approximately once a year to generate additional funding for maintenance of the property There was no action taken on this item. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to table this item. The motion carried Adopt an Ordinance Establishing a ProRata Charge (Agenda Item XIV) for Waterlines Constructed or Purchased by the City of Allen Public Works Director George Conner informed the Council that the City has constructed or purchased several waterlines throughout the City using CIP funds. The developer is normally required to pay for the first 12 inches of any waterline adjacent to a new development. The City pays for all oversizing over the first 12 inches. The pro -rata ordinance establishes a 12 inches equivalent cost for the first 12 inches of these 0 ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 PAGE 12 constructed or purchased waterlines to be paid to the City for any development adjacent to the specified waterlines. This would generate approximately $2 million for future needs. Ordinance No. 155411-97: An Ordinance of the City of Allen, Coffin County, Texas, Establishing a Pro Rata Charge m a Prerequisite to Utilizing the Capacity of Speed Water Lines; Providing a Severability Clause; Providing a Penalty; and Providing for an Effective Nate. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1554-11-97 as previously captioned in accordance with staffs recommendation. The motion =tied. Consider Request by Allen Independent School District (AISD) to Waive Certain Fees for the New High School (Agenda Item XV) Public Works Director George Conner informed the Council that the Allen Independent School District (AISD) requests that the City of Allen waive fees associated with the development of the new high school. The City's ordinance on impact fees does not allow for exemptions for other government agencies. Staff recommends that we not waive impact fees ($67,730.00), but do waive inspection fees ($98,022.49). MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Powyszynski, the Council voted six (6) for and none (0) opposed to table this item, directing the City Manager to meet with Superintendent Erwin to discuss the request to waive impact fees and the City's need to reject this request and the City's need to determine a more direct cost of inspection fees. The motion carried. Consider Request by Plano Independent School (Agenda Item XVI) District (PISD) to Waive Certain Fees for the New Beverly Elementary School Public Works Director George Conner informed the Council that the Plano Independent School District (PISD) requests that the City of Allen waive fees associated with the development of the new Beverly Elementary School. PISD is requesting permit fees and inspection fees be waived, similar to what the City of Plano for the PISD MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Fulk, the Council voted five (5) for and one (1) opposed with Mayor Terrell casting the negative vote to table this item until these fees can be reviewed and a policy developed to deal with both PISD and AISD The motion carried. Authorize Additional Work Payments to Engineering on FM 2170 West (Agenda Item XVII) 11 I ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 PAGE 13 Public Works Director George Conner informed the Council that Espey, Huston & Associates, Inc., requests additional compensation for work items that they claim were not in the quoted "not to exceed" fee they submitted MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Powysrynski, the Council voted six (6) for and none (0) opposed to authorize the addition of $27,571 20 as a change order to the engineering contract, making the new amount as $815,071.20. Due to contingencies in the budget, this will not effect the total project budget. The motion carried. Amend Tax Abatement Agreement to Support Myers & Crow Company Office Facility (Agenda Item XVIII) Economic Development Director David Pitstick informed the Council that on August 21, 1997, the City Council approved Ordinance No. 1523-8-97, creating Reinvestment Zone No. 15 and authorized a tax abatement in support of the Myers & Crow facility which would be a 115,000 square foot office facility at the southeast comer of the intersection of US 75 and Bethany Drive. At that time, the facility was projected to be utilized by, and the Abatement Agreement included Perot Systems. Real improvements and tangible property were to be at least $10,000,000 and $5,000,000, respectively Myers & Crow indicates that they do not presently have a contract with Perot Systems. The proposed abatement is for only the real property improvements; it does not reflect the potential economic impact in terms of personal property MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Powysrynski, the Council voted six (6) for and none (0) opposed to amend the 10 -year, 40 percent Tax Abatement Agreement which will not require Perot Systems as a tenant to the project, and authorize the Mayor to execute the agreement to support the proposed Myers & Crow facility in Allen as recommended by the Allen Economic Development Corporation Board of Directors and staff. The motion carried. Approve Request for Proposal (RFP) for Architect Services for Citv Hall (Agenda Item XIX) City Manager Jon McCarty presented the Request for Proposal (RFP) for architect qualifications. The RFP contemplates two distinct stages. City Staff will review the qualifications material submitted by each firm and may make some site visits to view the work of some of the proponents. Staff will then select from 3-5 firms that will prepare a proposal. The finalist firms will be required to make a presentation to the Council that will include preparation of two concept site plans. The Council will hold a Special Meeting on January 22, and each of the 3-5 firms will make presentations to the Council. At that same meeting, it is anticipated that the Council will receive public input on the proposals. Comments from Council were presented to Staff for consideration to be incorporated into this proposal. MOTION: Upon a motion made by Counchmember Gallagher and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to approve the Request for Qualifications (RFQ). The motion carried. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1997 Other Business A. Calendar PAGE 14 (Agenda Item XX) Adjourn (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Owen and a second by Mayor Pro Tem Kerr, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:08 p.m. on Thursday, November 20, 1997 The motion carried. These minutes approved on the 4th day of December, 1997 APPROVED: Stephen Terrell, MAYOR ATTEST: Judy4forrisxiA, CMC, CITY SECRETARY December 3, 1997 Board Appreciation Dinner 7.00 p.m. Omni Hotel December 5, 1997 Employee Awards Dinner 6.30 p.m. Quarter J Ranch December 6, 1997 "Home for the Holidays" Celebration All Day January 22, 1998 RFQ - City Hall Architect Meeting B. Items of Interest The Council was asked to recommend two dates in February for the Plannutg and Zonmg Commission Date for Workshop and Public Hearing as requested Adjourn (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Owen and a second by Mayor Pro Tem Kerr, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:08 p.m. on Thursday, November 20, 1997 The motion carried. These minutes approved on the 4th day of December, 1997 APPROVED: Stephen Terrell, MAYOR ATTEST: Judy4forrisxiA, CMC, CITY SECRETARY