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Min - City Council - 1997 - 12/18 - RegularALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 Present Stephen Terrell, Mayor Coun thatrmbers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Dave Powyszynski Kenneth Falk Melissa Owen City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:48 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 6.48 p.m. on Thursday, December 18, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Ouen Council Discussion (Agenda Item ID Council was informed that the approved Work Program is included in this meeting's agenda. As a result of the recent trial, Revell Group International, Inc., has been selected to conduct a study and review the use of force policy for the Police Department. The project for this year's Leadership Allen Class is "Alliance for the Arts." A meeting was held recently between the City Manager, the Parks Director, and representatives of Leadership Allen to discuss the possibility of an appointed board to advise the Council on issues relating to this subject. Leadership Allen expects the Alliance for the Arts to request 1 % of the CIP budget be devoted to the Arts. The revenue from antenna rentals might also be tapped for this purpose. The Triad Meeting set for January 29, 1998, might include visioning for the community The Public Works Director reviewed the progress of FM 2170 East. The contractor estimates it will -b take an additional 45-60 working days before the project is finished. The contractor is currently in the penalty phase of the project The State has agreed to put a temporary signal at Exchange Parkway and SH 5. They ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 PAGE 2 will include a permanent signal at that intersection in the final drawings. Since the signal is warranted, the Public Works Director has requested that a stop sign be placed at that intersection at the current time. Information was distributed regarding changes to the Property Maintenance Ordinance for Council review Discussion of Consent Agenda and Regular Agenda (Agenda Item IH) Items Discussion was held regarding Consent Agenda Item D, Adopt an Ordinance Confirming Action of City Council on November 20, 1997, to Amend the Front Building Line from 25 Feet to 20 Feet on 118.7479 Acres of Land Located at the Northwest Corner of Alma Drive and Exchange Parkway as Requested by D R. Horton, Inc It was pointed out that there was no mention regarding the rear building line, only the front building line. This item will be pulled from the Consent Agenda and amended to include both the front and rear building lines. The workshop session of the Allen City Council was recessed at 7.15 p.m. on Thursday, December 18, 1997 Executive Session (Agenda Item M 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 7:20 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 The Executive Session was recessed at 7,40 p.m. 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 in. on Thursday, December 18, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. CONSENT AGENDA (Agenda Item VI) Councilmember Fulk requested that the following item be pulled from the Consent Agenda D Adopt an Ordinance Confirming Action of City Council on November 20, 1997, to Amend the Front Building Line from 25 Feet to 20 Feet on 118.7479 Acres of Land Located at the Northwest Corner of Alma Drive and Exchange Parkway as Requested by D R Horton, Inc. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 PAGE 3 MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, 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 the December 4, 1997, Regular Meeting. B. Adopt an Ordinance Confirming Action of City Council on December 4, 1997, to Approve a Change in Zoning of Approximately 5.309 Acres of Land from Agriculture -Open Space (AO) to Planned Development -Garden Office (PD -GO) at the Southeast Corner of SH 5 and Buckingham Lane as Requested by S P.S. Mann. Ordinance No. 1560-12-97: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, so as to Change the Zoning from Agriadhu•e-Open Space (AO) to Planned Development No. 64 on the Following -Described Tract of Land: Being 5.309 Acres of Land Located in the Henry Weisel Survey, Abstract No. 1026, City of Allen, Coffin County, Texas, and Being Tract 1 of Buckingham Polo Estates; Providing for Exhibit "A" Perimeter Treatment and Land Use Plan; Providing for Exhibit `B Area and Use Regulations; Providing for Exhibit "C" Legal Description; Providing for a Penalty of Fine Not to Exceed the Sam of Two Thousand P Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. C. Adopt an Ordnance Confirming Action of City Council on December 4 ,1997, to Rezone Approximately 13 Acres of Land Located South of McDermott Drive and West of Alma Drive as Requested by Bon Terre -B, Ltd And the Episcopal Diocese of Dallas Ordinance No. 1561-12-97: An Ordinance of the City of Allen, Coffin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, so as to Change the Zoning on 3.5166 Acres in the David Nix Survey, Abstract No. 668, City of Allen, Texas, from Planned Development No. 26 -Multi -Family to Planned Development No. 26 -Garden Office, and on 9.4374 Acres in the David Nix Survey, Abstract No. 668, City of Allen, Texas, from Planned Development No. 26 -Multi -Family to Planned Development No. 26 -Community Facilities; Providing for Exhibit "F" Land Use Plan and Legal Description; Providing for Exhibit "G" Area and Use Regulations; Providing for a Penalty of Fine Not to Exceed the Sam of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. E. Set January 15, 1998, as the Public Hearing Date on a Request for the Creation of Reinvestment Zone #16. F Set January 15, 1998, as the Public Hearing Date on a Request to Remove the Existing Specific Use Permit (SUP) for a Restaurant/Private Club at 107B N. Greenville Avenue. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 PAGE 4 G Set January 15, 1998, as the Public Hearing Date on a Request to Remove the Existing Specific Use Permit (SUP) for a Restaurant/Private Club at 1201 E. Main Street, Suite 200, in the Allen Heights Shopping Center Addition. H. Set January 15, 1998, as the Public Hearing Date on a Request to Amend a 2.73 -Acre Tract of Land to Reduce the Front Building Line from 100 Feet to 50 Feet on Property Located West of Central Expressway South and North of Allen Central Drive I. Set January 15, 1998, as the Public Hearing Date to Receive Input Regarding the Proposed Health Ordinance. J. Adopt an Ordinance Changing the Name of State Drive and Federal Drive to Central Expressway North and Central Expressway South. Ordinance No. 1563-12-97: An Ordinance of the City of Allen, Collin County, Texas, Changing the Name of State Drive and Federal Drive to Central Expressway within the Borders of the City of Allen; Amending all Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an Effective Date. K. Adopt an Ordinance Establishing an Amended Fines and Fees Structure for Overdue, Lost and/or Damaged Library Materials. Ordinance No. 1564-12-97: An Ordinance of the City of Allen, Collin County, Texas, Amending Exhibit "A" to Section 7-2, Article I, Chapter 7, "Library," of the Allen Code of Ordinances by Amending the Schedule of Fines and Fees to be Charged for Late Return, Loss or Damage of Library Materials; Providing for a Severability Clause; and Providing for an Effective Date. L. Approve Amendments to the Council Standing Committee Work Programs. M. Approve Bid and Authorize Purchase of Vehicle for Allen Station Park Council approved the bid and authorized the purchase of a 3/4 ton pick-up truck through the Houston/Galveston Area Council of Governments from Philpott Ford for $16,066 29. N. Approve Bills Associated with the Capital Improvement Program Cummings & Pewitt, Inc. (10" Sanitary Sewer in Watson Drive) $13,074.40 For: Sanitary Sewer Repairs Funding Source: 1995 Water/Sewer Bonds Period: thru November 30, 1997 I ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 PAGE 5 2. Black & Veatch (Pump Station and Ground Storage/NW Quadrant of City) $3,817.00 For: Engineering for Preluninary Site for Water Supply Facility Funding Source Water Impact Fees Operating Check Period. thin November 21, 1997 3. Cummings & Pewitt, Inc. (24" Water Line from Exchange to Main) $37,162.60 For: 24" Water Main along SH 5 and Jupiter Funding Source: 1995 Water Bonds Period: thin November 30, 1997 4. Trinity Engineering Testing Corp. (FM 2170/US 75 to Custer Road) $5,353.00 For: Testing for McDermott West Funding Source: 1996 Street Bonds Period: November 30, 1997 5 Advance Tank & Construction (Ground Storage Tank at Stacy Road) $1,425.00 For. Payment #9 Funding Source: Water Impact Fees 6. Period: thin November 30, 1997 Black & Veatch (Ground Storage Tank at Stacy Road) $1,950.00 For: Engineering Costs for Project Funding Source. Water Impact Fees Periodthin November 21, 1997 7 Alpha Testing, Inc (Bethany Drive/US 75 to BelAir) $456.50 For: November Work Funding Source: 1992 Street Bonds Period. November 15, 1997 8. Advance Tank & Construction (Ground Storage Tank at Stacy Road) $46,471.00 For: Payment #10 Funding Source: Water Impact Fees Period: thin November 30, 1997 9 Hunt-Zollars (Cedar Drive) $5,014.94 For: Design Phase Funding Source: 1996 Park Bonds Period: thin August 31, 1997 10. Air Rest Sleep Products (Station #4) $1,194.90 For: Furniture Funding Source: 1996 Bonds Period: September 3, 1997 A ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 PAGE 6 11. Ron Hobbs, Architect (Station q4) $1,957.15 For: Architectural Services and Contingencies Funding Source: 1996 Bonds Period: thm December 10, 1997 12. Clark Condon Associates (Allen Station Park) $2,507.50 For: Allen Station Park Basic Services Funding Source: 1996 Park Bonds Period: thin November 30, 1997 13 H. L Zumwalt Construction (Allen Station Park) $401,289.62 For Allen Station Park Construction Funding Source: 1996 Park Bonds Period: thr t November 30, 1997 14. Alpha Testing, Inc. (Allen Station Park) $1,755.75 For: Allen Station Park Concrete Testing Funding Source: 1996 Park Bonds Period: thm October 31, 1997 15. Rey Bach, Inc. (Station p4) $65,755.00 For: Construction Funding Source 1996 Bonds Period. thru November 30, 1997 16. Motorola (Station #4) $229.50 For: Equipment Funding Source: 1996 Bonds Period: November 17, 1997 The motion carried. D. Adopt an Ordinance Confirming Action of City Council on November 20, 1997, to Amend the Front Building Line from 25 Feet to 20 Feet on 118.7479 Acres of Land Located at the Northwest Corner of Alma Drive and Exchange Parkway as Requested by D R Horton, Inc. Ordinance No. 1562-12-97: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96, as Previously Amended, so as to Amend the Area and Use Regulations to Reduce the Front Building Line Requirement within Planned Development No. 53 from 25 Feet to 20 Feet and Increase Rear Building Line from 15 Feet to 20 Feet on 118.7479 Acres of Land in the Mary Standifer, Abstract No. 812, City of Allen, Texas; Providing for Exhibit "D" Tract Map; Providing for Exhibit "E" Legal Description; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. 11 El ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 I V.X" *A MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Powyszynski, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1562-12-97 as previously captioned with the inclusion of the rear yard setback. The motion carried. End of Consent Aeenda Council Committee Retorts (Agenda Item VII) Development Services: • School Fees Proposal. • Sign Ordinance Update. • Comprehensive Plan Update. Finance/Administration: • No Report. Services: • Library Fines and Fees Ordinance. • Update on Fire Station #4. • Rowlett Creek Study • Joint Communication System. Mayor's Committee: • Current Council Agenda • Joint AISD/City of Allen Mission Statement for a Drug Free Community • Architect Presentation Workshop. • Overlaps in Work Programs. Citizen's Comments (Agenda Item VIII) Mr Kevin Kerr, 1013 Ashland Court, Allen, Texas, spoke before Council requesting that Council pass a moratorium on apartment complexes. He challenged the Comprehensive Plan since it is out-of-date with regard to the need for apartments. Presentation of Proclamation to Mr. Craig Logan (Agenda Item IX) and the Allen Escadrille Mayor Terrell read a proclamation proclaiming December 18 as Allen Eagle Escadrille Day Representatives from the Allen High School Staff and Escadrille accepted the proclamation on behalf of Escadrille Co -Directors Craig and Pat Logan. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 PAGE 8 Administer Oath -of -Office and Present Certificate- (Agenda Item X) of -Appointment to the Newly Appointed Alternate Municipal Court Judge City Secretary Judy Morrison administered the Oath -of -Office to John R. Lawson, the newly appointed Alternate Municipal Court Judge. Mayor Terrell presented Mr. Lawson with a Certificate -of -Appointment certifying his new position and expressed a welcome and a sincere thanks to him for serving his community Public Hearing to Consider the Recommendation of (Agenda Item XI) the Planning and Zoning Commission to Place Permanent Zoning on 12.52 Acres of Land Located East of Heritage Parkway between Park Place and Bethany Drive as Requested by Dr. David Bishop and Mr. Clarence Carter. Community Development Director Bill Petty indicated that the subject property is a 12.52 acre parcel located along the east side of Heritage Parkway, between Bethany Drive and Park Place. The topography is characterized as flat terrain with some tree stands Dr. David Bishop, 741 Heritage Parkway, Allen, Texas, introduced Mr Clarence Carter, 716 Allen Heights Drive, Allen, Texas Mr Bishop stated that a cul-de-sac design will be used on this 12 acres producing a lower density Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Ms Sharon Brian, 755 Heritage Parkway, Allen, Texas, expressed concern regarding drainage after development on this property She was informed professional engineering will assure the adjoining property owners that no flooding will occur due to development. 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 by Councilmember Powyszymki, the Council voted seven (7) for and none (0) opposed to confirm the recommendation of the Planning and Zoning Commission to approve the zoning request for R-3 zoning. The motion carried. Request to Appear by Mr. Robert Medigovich, (Agenda Item XII) Municipal Coordinator for Community Waste Disposal, Inc., to Discuss the Residential Curbside M Refuse and Recycling Programs. ALLEN CITY COUNCIL ■ REGULAR MEETING ■r' DECEMBER 18, 1997 PAGE 9 Mr. Greg Roemer of Community Waste Disposal, Inc., (CWD) reported that CWD has invested $2.1 million in servicing the City of Allen. CWD's objectives for servicing the City of Allen are Cost Effectiveness and Service Delivery He reported that there have been 1,162 service inquires during the first six months of service Mr. Robert Medigovich of CWD reviewed the recycling report showing that an average household contributes 32.63 lb. per month of recycling materials. He also reviewed the yard waste program 1,280 cubic yards of yard waste have been bundled since June. CWD was applauded for its commitment to the City of Allen. No action was taken on this item since it was for informative purposes only Amend Tax Abatement Agreement to Support (Agenda Item XIII) Trammell Crow Building (DFW Real Estate Investments #1 LP) Economic Development Director David Pitstick informed the Council that the Allen Economic Development Corporation (AEDC) has been successful in achieving the relocation of a significant multinational high technology corporation known as Millipore. Millipore will occupy the Trammell Crow building. This company will provide interior construction improvements to the facility of $7 million and personal property equipment of $13 million. Millipore will be relocating 300 employees from the metroplex and other locations, and hiring 200 more for a total of 500 employees upon their relocating to Allen. Under the Agreement, Millipore will be required to pay taxes on at least $20 million of property Mr. George Yearch of the Millipore Company, gave a brief summary of the Millipore Company The Microelectronics portion will be coming to Allen Plans are to be in the building in July with a productivity level requirement in October 1998. It is their desire to be an active participant in the community Mr Carl Wdlenburg, Director of Real Estate, was responsible for the move and was introduced to the Council. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to amend the Tax Agreement with Trammell Crow increasing the abatement to 50% including Millipore Corporation, and authorized the Mayor to execute the amended agreement as recommended by the Allen Economic Development Corporation Board of Directors. The motion carried. Tabled Item: Adopt an Ordinance Establishing Fees (Agenda Item XIV) for the Purchase of Cemetery Grave Sites MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Powyszynski, the Council voted seven (7) for and none (0) opposed to remove this item from the Table. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 PAGE 10 Parks and Recreation Director Don Horton updated the Council on questions previously asked There are 264 grave sites remaining out of 3,044 The City has sold 299 since receiving control of the cemetery from the Allen Cemetery Association. Other cemeteries which are similar to the Allen Cemetery are the Sachse Cemetery, Rockwall Cemetery, Farmersville Cemetery, Allen Funeral Home, Waxahachie Cemetery, and Bryan Cemetery Since more than 90% of the total grave sites have been sold without requiring a vault, staff recommends that the mandatory use of vaults not be instituted; however, they should be encouraged. Mr Horton stated that Staff recommends that Council amend Ordinance No. 848-4-88 by setting the cemetery maintenance fee at $600 per grave site, and that the amendment take effect immediately upon passage. Mr. Don Rodenbaugh, 609 Bush, Allen, Texas, voiced opposition to the proposed amendment to the Ordinance requesting anincrease of fees. Council expressed a desire to bring the cost of grave sites to the market price and allow the Cemetery to become self -funding. Ordinance No. 1565-12-97: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 848-0.88 and Chapter 4.5, "Cemeteries;" of the Allen Code of Ordinances by Firing the Amount Charged for a Grave Site in the Allen Cemetery and Restricting the Sale of Said Grave Sites; Providing for a Severability Clause; and Providing for an Effective Date. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszymlu, the Council voted four (4) for and three (3) opposed, with Mayor Terrell, Councilmembers Thomas and Gallagher casting the negative votes, to approve Ordinance No 1565-12-97 as previously captioned with the price set at $125 per grave site and to restrict the sale of grave sites to Allen residents only The motion carried This is the history and heritage of Allen and we have a commitment to our citizens to provide a service to the citizens. Staff was encouraged to budget the maintenance and upgrading of the cemetery as a regular budgetary item each year. Tabled Item: Consider Request by Allen (Agenda Item XV) Independent School District (AISD) to Waive Certain Fees for the new IRgh School MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed to remove this item from the Table. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 PAGE 11 Public Works Director George Conner informed the Council that Staff recommends the City not waive impact fees ($67,730.00), but do waive inspection fees associated with new roads AISD is required to build ($24,852.06). The inspection fees would only be the water and sewer on the campus on easements that would require the City to maintain in the future. MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to waive only the inspection fees for new roads for the AISD, and to not waive water and sewer inspection fees on the campus that the City will maintain, nor impact fees. A formal policy will come forward at a future date for formal action. The motion carried. Tabled Item: Consider Request by Plano Independent School District (PISD) to Waive Certain Fees for the new Beverly Elementary School MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to remove this item from the Table. The motion carried. Public Works Director George Conner informed the Council that Staff recommends that the City not waive permit and inspection fees, but do waive the inspection fees for a new road such as Hedgecoxe, when the fees are determined. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to waive fees associated with the construction of Hedgecoxe when they are determined for the PISD, and to not waive the fees as requested by the PISD. The motion carried. Other Business A. Calendar (Agenda Item XVI) January 24, 1998 8:00 a.m - 12:00 p.m. Special Called Council Meeting B. Items of Interest • Public Safety Recovery Fund Golf Tournament on April 6 • Dave Powyszymki's wife will be competing in the Pillsbury Bake -Off in Florida during the last week of February • Accolades for the Christmas Parade, Tree Lighting and Employee Award Dinner. A ALLEN CITY COUNCIL REGULAR MEETING DECEMBER 18, 1997 C. Cable TV PAGE 12 Rick Allen of TCI Cablevision presented a program showing Digital Cable TV Choices now available for Allen citizens. The Regular Session was recessed at 1004 p.m. 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 reconvened into Executive Session at 10:10 p m, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Personnel The Executive Session was adjourned at 12:15 a.m. Reconvene and Consider Action on Items Discussed (Agenda Item V) During Executive Session The Allen City Council reconvened into regular session at 12:17 a.m. on Friday, December 19, 1997, in the Council Chambers of the Allen Public Library MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to implement the salary action changes discussed. The motion carried. (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:18 a.m. on Friday, December 19, 1997 The motion carried. These minutes approved on the 15th day of January, 1998. APPROVED: T Stephen Terrell, MAYOR EATTEST: l Jt Ma icon, CMC, CITY SECRETARY