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Min - City Council - 1998 - 03/05 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1998 Present: Stephen Terrell, Mayor Councilmembers• David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Dave Powyszynski Kenneth Fulk Melissa Owen City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:20 P.M. With a quorum of the Councihnembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Pro Tem Kerr at 6'20 p.m. on Thursday, March 5, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Staff or Proponent Presentations (Agenda Item II) A. Future Agenda Items • Sign Ordinance Amendments B. Current Agenda Issues Discussion was held regarding the following Consent Agenda Items: G. Award Bid and Authorize Execution of a Contract for Repairs at Ford Park Pool This is for normal upkeep of the pool. H. Reject Bid and Authorize Rebid on Renovation and Development of Neighborhood Parks. ALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1998 PAGE 2 This might be rebid by individual trades or by individual parks. The original bid was set up for four parks and Council desires those parks be completed prior to any additional parks C. Items of Interest • Agenda Format City Manager Jon McCarty asked for comments regarding the new format used during the Workshop Session to include staff presentations. • City Computer System The City is upgrading the network and email system. Council was asked to complete a form regarding each member's computer availability • Cable TV and Telecommunication's Advisory Committee Update Cable TV and Telecommunications Advisory Committee Chair Donald Wing gave an overview of the Committee's recent public hearing. Requests were made by citizens for availability of school homework through cable and for traffic monitoring. Appreciation was expressed to the city for allowing EAS charges to be taken off certain lines. Questions were raised at the public hearing regarding the length of time TCI needed to complete the system upgrade and the future of wireless communication. Council complimented the Committee on the work it had done. • Comprehensive Plan Update Community Development Director Bill Petry distributed copies of the draft Comprehensive Plan. The Joint Council/Planning and Zoning Commission Workshop will be held on Monday, March 16, 1998. • McDermott Median Cuts Public Works Director George Conner discussed the median on McDermott Drive between Century Parkway and US 75. The crepe myrtles will be removed and planted somewhere else in the city • Allen Station Park Update Parks and Recreation Supervisor Tim Dentler presented an update on Allen Station Park. April 7 is the estimated completion date on Allen Station Park Grand opening ceremonies are set for April 18. • SH 5 Status Meeting Minutes were distributed of the recent meeting on SH 5. Council requested that staff work with TCI to make sure they do not delay utility relocation. • Exchange Parkway The railroad crossing arm should be finished next week. I ALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1998 Council Discussions PAGE 3 (Agenda Item HI) Councilmember Owen indicated she had no pan in the recent letter received by Council from the Keep Allen Beautiful Board on Sign Board issues. A question was raised regarding lawn services companies using black plastic bags rather than composting bags. Staff will investigate the issue. Council requested the city challenge Collin County Community College to provide a campus in Allen. The City Manager will arrange a meeting with necessary members to approach this issue The Mayor's Committee will work out procedures. The Workshop Session was recessed at 7:20 p.m. REGULAR MEETING - 7:35 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7'35 p m on Thursday, March 5, 1998, 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 Gallagher and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve Minutes of the February 19, 1998, Regular Meeting. B. Accept Resignations and Declare Vacancies in Place No. 6 on the Cable TV and Telecommunications Advisory Committee and Place No. 1 on the Planning and Zoning Commission. C. Approve a Resolution Supporting the Byrd -Gramm Amendment Increasing Federal Highway Funding. Resolution No. 1582-3-98: A Resolution of the City Council of the City of Allen, Collin County, Tums, Supporting the Byrd -Gramm Amendment No. 1397 to S. 1173, the Intermodal Surface Transportation Efficiency Ad of 1997, to Provide Needed Increases in Federal Funding for Surface Transportation. D Adopt an Ordinance Abandoning a Drainage Easement in the Suncreek II Development, Tract 3, Phase 2A. ALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1998 PAGE 4 Ordinance No. 1583-3-98: An Ordinance of the City of Allen, Collin County, Texas, Abandoning a Portion of a Drainage Easement Located on a Tract of Land Situated in the Joseph H. Wilcox Survey, Abstract No. 1017, and Further Being a Part of Suncreek II, Tract 3, Phase 2A, an Addition to the City of Allen, Said Easement Recorded by Separate Instrument under Clerk's File Number 96-0104785 in the Land Records of Collin County, Texas; Providing for Exhibits "A" and "B"; Providing for a Severability Clause; and Providing for an Effective Date. E. Authorize Letter of Agreement for Retention of Bond Counsel Services for the Issuance of $10 Million of General Obligation Bonds. Council authorized the City Manager to enter into a bond counsel agreement with Ed Esquivel of Fulbright & Jaworski, L.L.P Fees under the agreement are for $8,200 for services and reimbursement of out-of-pocket expenses. F Authorize Contract for Professional Services of Financial Advisor for the Sale of $10 Million of General Obligation Bonds. Council authorized the City Manager to enter into a contract with Dan Almon of Southwest �.i Securities to perform professional services in the capacity of Financial Advisor for the sale of $10 Million of General Obligation Bonds. The fee for the sale of $10,000,000 of General Obligation Bonds is $24,800 plus $2.10 per $1,000 for all over $5,000,000. Council also authorized the City Manager to sign the letter from Southwest Securities regarding the Consent Agreement. G. Award Bid and Authorize Execution of a Contract for Repairs at Ford Park Pool. Council authorized the City Manager to enter into a contract with Leslie's Pool Supplies and Service for the repair of the Ford Park Swimming Pool in the amount $37,494. H. Reject Bid and Authorize Rebid on Renovation and Development of Neighborhood Parks. I Set April 2, 1998, as the Public Hearing Data on a Request to Place Permanent Zoning of Flood Plain -Planned Development on a 191.79 -Acre Tract of Land South of Bethany Drive and North of Future Chaparral Road between Malone Road and FM 2551. J. Set April 2, 1998, as the Public Hearing Date on a Request to Amend Planned Development No. 46, Approximately 1.93 Acres of Land Located West of Jupiter Road and North of White Oak K. Tax Report. L. Approve Bills Associated with the Capital Improvement Program ALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1998 1. H. B. Zachry Company (FM 2170/US 75 to Custer Road) For: Work on McDermott West Funding Source: 1996 Street Bonds ($167,555.48) 1994 Street Bonds ($225,000 00) Period: February 28, 1998 2. Trinity Engineering (FM 2170/US 75 to Custer Road) For: Testing Funding Source Watters Crossing Facility Agreement Period: February 28, 1998 3. Bon Terre Suncreek (Alma Drive/McDermott to Bethany) For: Purchase of ROW Hamilton Property Funding Source: Escrow Funds (interest earned) Period: February 28, 1998 4. Trinity Engineering Testing Corp. (24" Water Line from Exchange to Main) For: 24" Water Main along SH 5 and Jupiter Funding Source: 1995 Water Bonds El Period: Services through February 27, 1998 5. David C. Baldwin, Inc. (Neighborhood Park Renovations) For. Park and Playground Planning Services Funding Source: 1996 Park Bonds Period: thou February 25, 1998 6. Ed Bell Construction Co. (ASPI-Cedar Drive) For. Construction of Cedar Drive Funding Source: CDC 1997 Bonds Period: February 27, 1998 7 Trinity Engineering Testing Corp. (ASPI-Cedar Drive) For: Testing Services Funding Source: CDC 1997 Bonds Period: February 27, 1998 8 Moss Construction Co., Inc. (24" Water Line from Exchange to Main) For. Construction of a Water Main Funding Source: 1995 Water Bonds PeriodServices through February 28, 1998 PAGE 5 $392,555 48 $1,78000 $22,704.26 $181.00 $1,13750 $168,098.53 $2,138.00 $62,815.14 L ALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1998 PAGE 6 E The motion carried. End of Consent Aeenda 9 Longhorns (Bethany Drive/US 75 to BelAir Drive) $491.00 For. Irrigation Supplies for Bethany Drive Funding Source: 1985 Street Bonds Period: February 11, 1998 10. Goldwaithes (Bethany Drive/US 75 to BelAir Drive) $884.17 For: Irrigation Supplies for Bethany Drive Funding Source: 1985 Street Bonds Period, February 11, 1998 11. Dowager Construction (Drainage Improvements on Ridgemont) $8,434.60 For: Ridgemont Drive Drainage Improvements Funding Source Drainage Fund Balance Period: February 11, 1998 12. TU Electric (Exchange/US 75 to SH 5) $76,754.00 For: Exchange Parkway Median Street Lighting Funding Source: 1994 Street Bonds Period January 31, 1998 13. 3M (Street Sign Replacement) $4,295.11 For: Sign Facings and Letters Funding Source: Operating Funds Period January 1998 14. Vulcan, Inc. (Street Sign Replacement) $6,594.01 For: Sign Blades Funding Source: Operating Funds Period: January 1998 15 Milstead Appraisal Company (Appraisal and Acquisition) $900.00 For: Appraisal of Butler/McDermott Property (No. 7) Funding Source: Land Sale Revenues Period: February 10, 1998 16. AEC One Stop Group, Inc. (CD-ROM Music) $1,011 28 For: CD's Funding Source: Operating Funds Period: February 1998 E The motion carried. End of Consent Aeenda ALLEN CITY COUNCIL REGULAR MEETING ' MARCH 5, 1998 PAGE 7 Council Committee Reports (Agenda Item VII) Services: • No Report. Development Services: • No Report. Finance/Administration: • 1997 Financial Report. • Five -Year Benefit Plan. • Policy Governance Workshop. • Computer Equipment. • Telecommunication Plan. Mayor's Committee: • Current Council Agenda. • City Hall Complex. • Best New Industrial Zone Award. Citizen's Comments (Agenda Item VIII) Mayor Terrell presented a proclamation to Ms. Amanda land of the American Red Cross designating the month of March as "Red Cross Month." Tabled Item: Consider the Recommendation of the (Agenda Item M Planting and Zoning Commission to Place Permanent Zoning of Multi -Family 18, Residential - 5(C) and Community Facilities on a 61.437 -Acre Tract Located East of Custer Road between McDermott Drive and SH 121 as Requested by Warren R. and Georgia Blackmon MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Powyszynskt, the Council voted seven (7) and none (0) to remove this item from the Table. The motion carried Community Development Director Bill Petty reviewed the background of this item. Staff is recommending a maximum of 204 lots with a mudmum lot size of 7,500 square feet with an average lot size of 8,500 square feet and with all flood plain to be dedicated at time of platting Also, the city should be able to purchase Community Facilities outside the flood plain Council complimented the Proponent on his efforts to make this project work ALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1998 PAGE 8 Mr. Peter Shaddock answered various questions and introduced Mr. Richard Hovis with Tipton Engineering. MOTION: Upon a motion by Councilmember Powyszynski and a second by Councilmember Fulk, the Council voted six (6) for and one (1) opposed with Councilmember Thomas casting the negative vote, to accept the R-5 Single Family tract as presented with staffs recommendation that the Flood plain be dedicated at the time of platting, with a maximum of 204 lots with a minimum lot size of 7,500 square feet and an average lot size of 8,500 square feet. The motion carried. Accept 1996-97 Financial Audit Report (Agenda Item X) Finance Director Linda Vaughan highlighted the Independent Auditor's Report. The city received an unqualified opinion this year as it has for the past several years. An unqualified opinion states that the general purpose financial statements of the city present fairly, in all material respects, the financial position of the city as of September 30, 1997 The Letter to Management on Internal Control contains four comments related to staffing levels and turnover. Council complimented the Finance Department on the good report. MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Thomas, the Council voted seven (7) for and none (0) opposed to approve the 1996-97 Financial Audit Report. The motion carried. Authorize an Agreement with the US Department of (Agenda Item XI) Justice for the COPS -Universal Hiring Program Federal Grant Police Chief Bill Rushing introduced Captain Debbie Bradley as the Department's newest captain. Police Chief Bill Rushing indicated the COPS - Universal Hiring Program (UHP) is one of several approaches developed by the US Department of Justice under the Public Safety Partnership and Community Policing Act of 1994 to deploy additional police officers devoted to community policing on the streets and rural routes of this nation. UHP enables interested agencies to supplement current sworn forces, or affords interested jurisdictions the opportunity to establish new police forces. Approval acceptance of UHP Federal Grants, which spans over a period of three years, offers an affordable means by which to achieve additional sworn police personnel. The total grant awarded for salaries only is for 5450,000. The number of patrol officers is driven by calls for service. These officers are for community relations services. Hopefully, these officers may provide a reduction of patrol officers in the future. MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to enter into an agreement with the US Department of Justice for the Universal Hiring Grant. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1998 PAGE 9 Approve Site Design for the City Hall Complex (Agenda Item XII) Mr. Ron Hobbs of Ron Hobbs Architects, indicated a great deal of information regarding utilities, drainage, etc. Two basic items need to be considered at this time: 1) Site Concept; and 2) Willingness to abandon Allen Drive. Options for Allen Drive we to: build upon it, use it as a base for the pools, or incorporate it into the parking lot. Traffic consideration might be for Allen Drive to turn east into Butler. Surveying has been worked on and the building programming will be ready by the next regular meeting The Focus Group will meet on April 7 The building will be designed from the inside out Questions were raised regarding the need for more studies on Allen Drive and parking at the Library Council agreed with the basic site and the general idea of closing Allen Drive. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Powyszymki, the Council voted seven (7) for and none (0) opposed to approve the basic site design of Site Plan A and the general idea of closing Allen Drive The motion carried. Tabled Item: Set March 26 and 27, 1998, as the (Agenda Item XIII) Dates for the Special Called Meeting for the Purpose of a Policy Governance Workshop MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Owen, the Council voted seven (7) and none (0) to remove this item from the Table. The motion carried. MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to schedule the two-day Policy Governance Workshop on May 18-19 or May 19-20. The Motion carried. Other Business (Agenda Item XIV) A. Calendar March 31 10.00 a.m. - 3:00 p.m. City/American Red Cross Blood Drive April 7 All day Chamber Golf Tournament -- Public Safety Recovery Fund April 7 City Hall Focus Group Meeting April 18 Grand Opening of Allen Station Park B. Items of Interest • City Secretary Judy Morrison distributed the following items, TML Handbook for Mayors and Councilmembers, and City Hall Tour Schedules • Council by consensus agreed to delay Council action on the Sign Ordinance Update to first address certain visual aspects of developments in the community The Regular Session was recessed at 10:00 p in. I ALLEN CITY COUNCIL REGULAR MEETING MARCH 5, 1998 PAGE 10 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 10 15 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: • Litigation - City of Parker vs. City of Allen • Personnel - Evaluations The Executive Session was adjourned at 12:15 a in on Friday, March 6, 1998. Reconvene and Consider Action on Items Discussed (Agenda Item V) Durine Executive Session The Allen City Council reconvened into regular session at 12:16 a.m. on Friday, March 6, 1998, in the Council Chambers of the Allen Public Library There was no action taken on items discussed during Executive Session. (Agenda Item XV) MOTION: Upon a motion made by Councilmember 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 12:16 a.m on Friday, March 6, 1998. The motion carried. These minutes approved on the 19th day of March, 1998. ATTEST: J y MaVrison, CMC, CITY SECRETARY APPROVED: Stephen Terrell, MAYOR