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Min - City Council - 1998 - 05/21 - RegularA I ALLEN CITY COUNCIL REGULAR MEETING MAY 21, 1998 Present: Stephen Terrell, Mayor Cou acilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay Kenneth Falk Melissa Owen City Staff: Michael Stanger, Acting City Manager Judy Morrison, City Secretary (absent) Shelley George, Administrative Secretary DINNER AND WORKSHOP SESSION - 6:25 P.M. With a quomm 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, May 21, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Staff or Proponent Presentations A. Future Agenda Items (Agenda Item II) • Intersection Improvements at Jupiter and Chaparral • CWD Rate Request The City's contract with CWT) for waste disposal and recycling allows for the contractor to request a rate increase once a year based on inflation. • Alignment of Exchange Parkway Staff suggested that Council review the alignment of Exchange Parkway and consider the original alignment rather than the proposed alignment. • Temporary Use Permit for Seasonal Products The City Attorney has determined that Ordinance No 1585-3-98 is unconstitutional. He is redrafting the Ordinance and will submit it for the June 4, 1998. Council meeting. B. Current Agenda Issues • There were no current agenda issues discussed. ALLEN CITY COUNCIL REGULAR MEETING MAY 21, 1998 C. Items of Interest PAGE 2 • Allen USA Celebration Recreation Superintendent Sandy McGowan reviewed plans for the June 28 Allen USA Celebration. She invited the Council and their families to the event and visit the sponsor's tent. Council Discussions There were no items discussed. (Agenda Item III) The Workshop Session was recessed at 7:05 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 convened into Executive Session at 7:10 p.m. on Thursday, May 21, 1998, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Property - Purchase of Railroad Property; City Complex Property • Legal - Parker Litigation The Executive Session was adjourned at 7:30 p.m. on Thursday, May 21, 1998. Reconvene and Consider Action on Items Discussed (Agenda Item V) During Executive Session The Allen City Council reconvened into regular session at 7.41 p.m. on Thursday, May 21, 1998, in the Council Chambers of the Allen Public Library There was no action taken on items discussed in Executive Session. REGULAR MEETING - 7:41 P.M. With a quomm of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7.41 p.m. on Thursday, May 21, 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 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 items on the Consent Agenda as recommended and as follows: A. Approve Minutes of the May 7, 1998, Regular Meeting. ALLEN CITY COUNCIL REGULAR MEETING MAY 21, 1998 PAGE 3 B. Adopt an Ordinance Confirming Action of City Council on May 7, 1998, to Place Permanent Zoning of Flood Plain -Planned Development on 31.395 Acres of Land Located South of Bethany Drive and West of US 75. Ordinance No. 1600-5-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425.5-%, as Previously Amended, so as to Place Permanent Zoning of Flood Plain -Planned Development -Corridor Commercial No. 66 (FF -PD -CC No. 66) on 31.395 Acres of Land Out of the T. G. Kennedy Survey, Abstract No. 500, the Michael See Survey, Abstract No. 543, and the Rufus Sewell Survey, Abstract No. 875, City of Allen, Coffin County, Texas, as Delineated on Exhibit "A" Legal Description; Providing for Exhibit 'B" Tract Map; Providing for Exhibit "C" Use and Area Regulations; 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. C. Adopt an Ordinance Confirming Action of City Council on May 7, 1998, to Place Permanent Zoning of Residential -5 on Tract 1 and Shopping Center on Tract 2 of 67 158 Acres of Land Located at the Northwest Comer of Bethany Drive and FM 2551. MP Ordinance No. 1601-5-98: An Ordinance of the City of Allen, Coffin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-%, as Previously Amended, so as to Place Permanent Zoning of Residential -5 (R-5) on Tract 1, and Shopping Center (SC) on Tract 2, Being 67.158 Acres of Land Situated in the William Snyder Survey, Abstract No. 821, in the City of Allen, Collin County, Texas, as Delineated on Exhibit "A" legal and Tract Map; 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. D Award Bid and Authorize Execution of a Contract for Utility Relocation for the Widening of SH 5. Council authorized the Acting City Manager to enter into a contract with Mid -Continent for a unit cost contract estimated at $801,865.75 for the relocation of utilities along SH 5. E. Authorize Execution of a Contract to Provide Ambulance Billing Services for the City of Allen. Council authorized the Acting City Manager to enter into a contract with Specialty Billing Services to provide ambulance billing to the City at a rate of 9% of the amount actually collected F Adopt a Resolution Approving Continued Legislative Support for Increased Transportation Funding for Texas in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Reauthorization Process. ALLEN CITY COUNCIL REGULAR MEETING MAY 21, 1998 PAGE 4 Resolution No. 1602-5-98(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving Continued Legislative Support for Increased Transportation Funding for Texas in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Reauthorization Process. G. Set June 18, 1998, as the Public Hearing Date on a Request to Place Permanent Zoning on 31.97± Acres of Land Located at the Southwest Comer of Proposed Future Alma Drive and Ridgeview Drive. H. Set lune 18, 1998, as the Public Hearing Date on a Request to Amend Floodplain -Planned Development No. 58 on Approximately 148+ Acres of Land Located North of Exchange Parkway West of SH 5 and East of the Southern Pacific Railroad 1. Set lune 18, 1998, as the Public Hearing Date on a Request to Place Permanent Zoning on 71.25 Acres of Land Located at the Southwest Comer of Stacy Road and SH 5. J Approve Bills Associated with the Capital Improvement Program. 1. North Star Paper (Station N4) $65020 For: Furniture Funding Source: 1996 Bonds Period: Delivered May 13, 1998 2. Bon Terre Suncreek (Alma Drive/BelAir to Suncreek) $87,547.87 For: Two Lane Thoroughfare Construction Funding Source: Escrow Funds Period: May 1, 1998 3. Living Earth Technology - Dallas (Station f/4) $378.00 For: Landscaping Funding Source: 1996 Bonds Period: May 6, 1998 4. Rey Bach, Inc. (Station q4) $52,242 00 For: Construction Funding Source: 1996 Bonds Period: thm April 30, 1998 5 Nellie's Trees (Station A4) $870.00 For: Landscaping Funding Source: 1996 Bonds d Period. April 29, 1998 ALLEN CITY COUNCIL REGULAR MEETING MAY 21, 1998 PAGES End of Consent Agenda Council Committee Reports Services: • Update on Radio System. • Park Dedication Fees • Historical Dam Study • Ambulance Billing Service. Finance/Administration: • No Report. (Agenda Item VII) 6. Reeves Manufacturing (Station #4) $601.35 For: Equipment Funding Source: 1996 Bonds Period: May 13, 1998 7 Trinity Engineering Testing (10" Sanitary Sewer Line/Watson Drive) $24.00 For: 10" Sanitary Sewer Line/Watson Drive Funding Source. 1995 Water Bonds Period: May 1, 1998 8. AEC One Stop Group, Inc. (CD-ROM Music) $628.64 For: Assorted CDs Funding Source: CDC Operating Funds Period: May, 1998 9 Craig T Scott (Appraisal and Acquisition) $3,000.00 For: Acquisition of Four (4) Butler/McDermott Properties Funding Source: Land Sale Revenues 10. Period: thin May 1, 1998 GRIN Engineers, Inc. (City Hall) $4,337.50 For: Architectural and Planning Services for City Hall Funding Source: 1998 City Hall Bonds Period: thru May 5, 1998 11. Schoolhouse Audio -Visual (CD-ROM Music) $82.50 For: Laminating Supplies Funding Source CDC Operating Funds Period. March, 1998 The motion carried. End of Consent Agenda Council Committee Reports Services: • Update on Radio System. • Park Dedication Fees • Historical Dam Study • Ambulance Billing Service. Finance/Administration: • No Report. (Agenda Item VII) 7 I ALLEN CITY COUNCIL REGULAR MEETING MAY 21, 1998 PAGE 6 Development Services • Update on Comprehensive Plan • Collin County's Thoroughfare Plan. • 5 -Year CIP • Alignment of Exchange Parkway • Alignment of Chaparral Road. • Tree Removal within the Morningside Development Mayor's Committee: • Current Council Agenda. • Use of Construction Manager for City Hall Project. • City Hall Design. Citizen's Comments (Agenda Item VIII) There were no citizen's comments. Present Certificates -of -Appointment to Newly (Agenda Item IIq Appointed Members of Certain City Boards Mayor Terrell presented Ms. Grace Kerr of the Keep Allen Beautiful Board and Mr. Steven Haynes of the Planning and Zoning Commission a Certificate -of -Appointment certifying their new position and expressed a welcome and a sincere thanks to the members for serving their community Adopt an Ordinance Amending Sign Regulations (Agenda Item X) Ordinance No. 1198-9-93 as Recommended by the Sien Control Board Community Development Director Bill Petty informed the Council that the Sign Control Board has the authority to review and approve "Sign Plans" for specific developments. The fee for this permit is currently set at $300, which includes all signs shown on the "Plan." Staff recommends that the fee be set at a mhtimum of $300 for Sign Plans not to exceed the equivalent of 80% of the total fee based upon the permit fee for each sign as otherwise established by Sign Ordinance. The fee for temporary sign plans in residential developments would remain at $300 per year, renewable annually Ordinance No. 1603-5-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Sign Regulations Ordinance No. 1198-9-93, as Previously Amended, By Amending the Fee for a Sign Plan Under Section 7, Paragraph G., Subparagraph 5.; Providing for a Penalty of Fine Not to Exceed the Sum of Five Hundred Dollars ($500.00); and Providing for an Effective Date. ALLEN CITY COUNCIL REGULAR MEETING MAY 21, 1998 PAGE 7 MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1603-5-98 as previously captioned as recommended. The motion carried. Adopt an Ordinance Ordering Maximtmt Permitted (Agenda Item XI) Rates for Certain Cable TV Services Acting City Manager Michael Stanger informed the Council that the Council has jurisdiction to regulate rates charged by cable television operators within the City for the basic service tier, related equipment and installation services. He reviewed the results of the rate filings study performed by C2 Consulting Group Services, Inc. Staff recommends that the Council adopt a new rate order in accordance with the recommendations of CS Consulting. Mr. Ricky Allen of TCI Cablevision informed Council that no program changes had occurred prior to the rate filing. Ordinance No. 16045-98: An Ordinance of the City of Allen, Collin County, Texas, Amending Article II of Appendix A of the Allen Code of Ordinances by Establishing Maximum Rates that TCI Cablevision of North Texas, Inc. May Charge Its Allen Cable Television Subscribers for the Basic Service Tier and Associated Equipment; Establishing a Maximum Hourly Service Charge; Ordering Refunds; and Providing a Severability Clause and an Effective Date. MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councihnember Bartlemay, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1604-5-98 as previously captioned as recommended by Staff and the Cable TV and Telecommunications Board. The motion carried. Update Schematic Design Studies for the City Hall (Agenda Item XII) Complex Mr. Ron Hobbs of Ron Hobbs Architects reviewed several schematic design studies for the City Hall Complex. There was no action taken on this item. Authorize a Request for Qualifications for (Agenda Item XIH) Construction Management Services on the City Hall Project PAGE 8 MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Banlemay, the Council voted seven (7) for and none (0) opposed to authorize the Acting City Manager to issue a Request for Qualifications for Construction Management Services on the City Hall Project. The motion carried. Other Business A. Calendar June 23 Policy Governance Follow-up Workshop June 27 Allen USA Celebration July 12 Employee Picnic C. Items of Interest (Agenda Item XIV) • North Central Texas Council of Governments 32v° Annual General Assembly Meeting - June 5, 1998 • Public Works Director George Conner showed a video of road construction with in the City of Allen. Adjourn (Agenda Item XV) 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 9:16 p.m. on Thursday, May 21, 1998. The motion carried. These minutes approved on the 4th day of June, 1998. APPROVED: d+Q1—ZL0 Stephen Terrell, MAYOR ATTEST: C�"6 Ju MorrI146n, CMC, CITY SECRETARY ALLEN CITY COUNCIL REGULAR MEETING MAY 21, 1998 PAGE 8 MOTION: Upon a motion by Mayor Pro Tem Kerr and a second by Councilmember Banlemay, the Council voted seven (7) for and none (0) opposed to authorize the Acting City Manager to issue a Request for Qualifications for Construction Management Services on the City Hall Project. The motion carried. Other Business A. Calendar June 23 Policy Governance Follow-up Workshop June 27 Allen USA Celebration July 12 Employee Picnic C. Items of Interest (Agenda Item XIV) • North Central Texas Council of Governments 32v° Annual General Assembly Meeting - June 5, 1998 • Public Works Director George Conner showed a video of road construction with in the City of Allen. Adjourn (Agenda Item XV) 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 9:16 p.m. on Thursday, May 21, 1998. The motion carried. These minutes approved on the 4th day of June, 1998. APPROVED: d+Q1—ZL0 Stephen Terrell, MAYOR ATTEST: C�"6 Ju MorrI146n, CMC, CITY SECRETARY