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Min - City Council - 1999 - 05/06 - Regular�I Present Stephen Terrell, Mayor Councibnembers: A I David Kerr, Mayor Pro Tem Lonnie Thomas (absent) Doug Gallagher Susan Bartlemay Kenneth Fulk Melissa Owen ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 City Staff: Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G Smith, City Attorney DINNER AND PRE -MEETING WORKSHOP Call to Order and Announce a Ouorum is Present (Agenda Item I) Willi a quorum of the Councilmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 6:37 p m. on Thursday, May 6, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Mayor Pro Tem Kerr had another commitment and arrived during the regular meeting. Discuss Current Agenda (Agenda Item II) Statutory Agenda Item K, "Award Bid and Authorize Execution of a Contract for MEP (Mechanical, Engineering and Plumbing) Services for the New City Hall." Jerry Gallagher, Gallagher Construction Management Company, presented information regarding bids for the City Hall - Phase 111. After bids were received, additional deducts were provided by the low bidders to bring final bids to within 4% of the budget. Items of Interest (Agenda Item IH) • Discussion Regarding North Texas Municipal Water District (NTMWD) Board Member Appointment City Manager Peter Vargas provided an update on the appointment process to the North Texas Municipal Water District James Kerr is the current board member up for reappointment. An action item will be on Council's next agenda. A ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 PAGE 2 • Update of the Capital Improvement Program Bond Committee Structure Community Development Director Bill Petty presented a report on the 1999 CIP structure. The slogan will be "Vote Yes for Allen Progress " He read a resolution of support from the Allen Chamber of Commerce adopted on May 4, 1999 Policy Agenda (Agenda Item IV) • Library Facilities Policy, Hand-off Assistant City Manager Michael Stanger reviewed the process for the library study The University of North Texas Research Center will conduct a random sampling through phone research. It should result in a 95 % confidence level Additional focus groups will provide supplemental information to the survey Library Director Barbara Buehler informed Council her management staff is reviewing the needs at the current library and will present a report at the next Council meeting. • Large Lots/Cost Development Policy Resolution Postponed The workshop session recessed at 7.35 p.m. REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7'42 p.m. on Thursday, May 6, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Consider All Matters Incident and Related to the General Election (Agenda Item V) Held on Mav 1. 1999 A. Canvass of Election Returns. City Secretary Judy Morrison reviewed for the City Council the election returns for the City Council General Election of Councilmembers Place Nos. 1, 3 and 5. She distributed and reviewed handout materials including early voting totals, and Election Day totals and the combined Election Day and early voting totals. She also reviewed voting statistics including the number of registered voters, 22,635, which indicated a 6.0% voter turnout. The precinct totals verified the following results. COUNCILMEMBER Lonnie Thomas Deborah Adair EARLY VOTES CAST PLACE NO. 1 253 265 REGULAR VOTES TOTAL VOTES CAST CAST 379 632 325 590 A I ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 EARLY VOTES CAST COUNCILMEMBER - PLACE NO. 3 Doug Gallagher 381 Russ Smith 146 iCILMEMBER - PLACE NO. 5 Daniel D. Callahan 152 Kenneth M Fulk 347 PAGE 3 REGULAR VOTES TOTAL VOTES CAST CAST 540 921 171 317 203 355 458 805 B. Adoption of a Resolution Declaring the Results of the General Election. The proposed resolution shows total votes cast in the election being 1,358 with the following individuals being declared to receive the highest number of votes and being declared as the "official elected" Councilmembers with terms of office to expire May 2001. Place No 1 - Lonnie Thomas Place No. 3 - Doug Gallagher Place No. 5 - Kenneth M. Fulk Resolution No. 1717-5-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Declaring the Results of the Joint General Election of the Allen City Council Held on May 1, 1999. MOTION: Upon a motion by Councilmember Gallagher and a second by Councilmember Fulk, the Council voted five (5) for and none (0) opposed with Mayor Pro Tem Kerr not present, to approve Resolution No. 1717-5-99(R) as previously captioned. The motion carried C. Administration of Oaths -of -Office and Presentation of Certificates -of -Election. City Secretary Judy Morrison administered the Oaths -of -Office to re-elected Councilmember Doug Gallagher, Place No. 3, and Councilmember Kenneth M. Fulk, Place No. 5 Mayor Terrell presented the Certificates -of -Election to Councilmembers Gallagher and Fulk and offered congratulations to those individuals. Election of Mayor Pro Tem. MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Bartlemay, the Council voted five (5) for and none (0) opposed with Mayor Pro Tem Kerr not present, to postpone the election of the Mayor Pro Tem to the May 20 regular meeting. The motion carried. I A I ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 PAGE 4 Public Recognition (Agenda Item VI) • Citizens' Comments There were no citizens' comments. • Presentation of Community Credit Union Scholarships to Two Allen High School Students Amy Taylor and Mark Miller were the recipients of the Community Credit Union Scholarships. • Presentation of Proclamation to Police Department Proclaiming "National Police Memorial Week" • Presentation of Proclamation to Sharon Mayer, President of Allen Chamber of Commerce, Proclaiming "Chamber of Commerce Week" -- John Green received the proclamation on behalf of the Chamber • Council recognized Boy Scout Troop 334 for attending the meeting to complete requirements on a merit badge for communications. Consent Agenda (Agenda Item VII) MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Bartlemay, the Council voted five (5) for and none (0) opposed with Mayor Pro Tem Kerr not present, to approve and adopt items on the Consent Agenda as recommended and as follows Approve Minutes of the April 15, 1999, Regular Meeting. B. Accept Resignations and Declare Vacancies on Various City Boards. Board of Adjustment, Alternate 2 Cable TV & Telecommunications, Place No 7 Keep Allen Beautiful, Place Nos. 2 & 3 Library Board, Place No. 3 Receive Tax Assessor -Collector's Report. The motion carried. Statutory Agenda (Agenda Item VIII) MOTION: Upon a motion made by Councilmember Fulk, the Council removed the following item from the Statutory Agenda: Award Bid and Authorize Execution of a Contract for MEP (Mechanical, Engineering and Plumbing) Services for the New City Hall. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Gallagher, the Council voted five (5) for and none (0) opposed with Mayor Pro Tem Kerr not present, to approve and adopt all remaining items on the Statutory Agenda as recommended and as follows A. Adopt an Ordinance Establishing a Water Management Plan for the City of Allen. ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 I VX!1W Resolution No. 1721-5-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing a Reimbursement Agreement (Pro -Rata) for Off -Site hnprovements to the Villages at Maxwell Creek Subdivision; Providing for a Severability Clause; and Providing an Effective Date. E. Approval of Assignment of Tax Abatement Agreement (RZ #10 - Ericsson & Dey Laboratories) from Dallas/Fort Worth Real Estate Investment #1 Limited Partnership to MIT Unsecured Limited Partnership. Council approved the assignment of the tax abatement from Dallas/Fort Worth Real Estate Investment #I Limited Partnership to MIT Unsecured Limited Partnership. F Approval of Assignment of Tax Abatement Agreement (RZ #12 - Peerless Group) from Dallas/Fort Worth Real Estate Investment #1 Limited Partnership to Jack Henry & Associates. Ordinance No. 1718-5-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Code of Ordinances of the City of Allen by Amending Chapter 14 to Add Section 14-15 to Provide for an Emergency Water Management Plan; Providing a Severability Clause; Providing a Repealing Clause; Providing for a Penalty Fine not to Exceed the Sam of Two Thousand ($2,000) Dollars for Each Offense; and Providing an Effective Date. B. Adopt an Ordinance Approving Increases in Base Flood Elevations for Tributary 2G5 of Cottonwood Creek. Ordinance No. 1719-5-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Approving Base Flood Elevations; Providing an Effective Date. C. Adopt an Ordinance Amending Chapter 9, Article V, Division 2, Section 9-135 of the Code of Ordinances Establishing Revised Speed Limits on SH 5 between Exchange Parkway and Buckingham Lane. Ordinance No. 1720-5-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Code of Ordinances, by Amending Chapter 9, "Motor Vehicles and Traffic," Article V, "Operation of Vehicles," Division 2, "Speed Regulations," Section 9-135(A), to Establish the Maximum Prima Facie Speed Limit Upon State Highway 5, or Parts Thereof Within the Corporate Limits of the City of Allen; Providing for a Repealing Clause; Providing a Severability Clause; Providing for a Penalty of Fine not to Exceed the Sam of Two Hundred Dollars ($200) for Each Offense; and Providing for an Effective Date. D Adopt a Resolution Authorizing Reimbursement Agreements (Pro -Rata) for the Villages at Maxwell Creek. Resolution No. 1721-5-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing a Reimbursement Agreement (Pro -Rata) for Off -Site hnprovements to the Villages at Maxwell Creek Subdivision; Providing for a Severability Clause; and Providing an Effective Date. E. Approval of Assignment of Tax Abatement Agreement (RZ #10 - Ericsson & Dey Laboratories) from Dallas/Fort Worth Real Estate Investment #1 Limited Partnership to MIT Unsecured Limited Partnership. Council approved the assignment of the tax abatement from Dallas/Fort Worth Real Estate Investment #I Limited Partnership to MIT Unsecured Limited Partnership. F Approval of Assignment of Tax Abatement Agreement (RZ #12 - Peerless Group) from Dallas/Fort Worth Real Estate Investment #1 Limited Partnership to Jack Henry & Associates. ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 PAGE 6 Council approved the assignment of the tax abatement from Dallas/Fort Worth Real Estate Investment kl Limited Partnership to lack Henry & Associates. G. Authorize Execution of a Contract with Mr. Lafayette Shaw to Purchase Property Located at the Corner of Cedar Drive and St. Mary's Drive Council authorized the City Manager, on behalf of the Allen Community Development Corporation, to execute a contract with Mr. Lafayette Shaw for the purchase of the residential lot located at the corner of Cedar Drive and St Mary's Drive in the amount of $178,000. H. Authorize Execution of a Contract for Installation of a Traffic Signal at Old Angel Road and McDermott Drive. Council authorized the City Manager to execute a contract with Integrated Roadway Service, Inc., for the signal construction at McDermott Drive and Old Angel Road in the amount of $104,123. 1. Authorize Execution of a Contract for Design Services and Approve a Budget for Construction for the Connection of Wimbledon Drive to Custer Road. Council authorized the City Manager to execute a contract with RLK Engineering LLC for the extension of Wimbledon Drive to the new Custer Road alignment in the amount of $16,000 and set a budget of $201,000. J Award Bid and Authorize Execution of a Bank Depository Contract Council authorized the City Manager to execute a bank depository contract with Bank One for the period beginning June 1, 1999, and ending May 31, 2002, with an option to renew under the same terms and conditions for an additional one year period and thereafter until a successor Depository has been selected L Authorize Tottenham HotSpurs Futbol Club to Conduct Soccer Clinics at City of Allen Athletic Facilities and to Charge a Fee for Participants. Council authorized the Tottenham HotSpurs Futbol Club to host one -day soccer clinics through the month of June at the St. Mary's soccer fields with a fee of $5 per participant per clinic with the Parks and Recreation Department receiving 25 % of the gross revenue from the clinics M. Receive Quarterly Financial Report for Period Ending March 31, 1999 N. Receive Quarterly Investment Report for Period Ending March 31, 1999 ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 PAGE 7 O. Receive CIP (Capital Improvements Program) Stains Report The motion carried. K. Award Bid and Authorize Execution of a Contract for MEP (Mechanical, Engineering and Plumbing) Services for the New City Hall. MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Owen, the Council voted five (5) for and none (0) opposed with Mayor Pro Tem Kerr not present, to authorize the City Manager to execute contracts for City Hall - Phase III with Leland Collier Electric Company for Bid Package 16-A Electrical in the amount of $580,180 and Berger Engineering Company for Bid Package 15-A Mechanical, Plumbing and HVAC in the amount of $968,225. The motion carried. TABLED ITEM: Consider the Adoption of an Ordinance Granting (Agenda Item IX) a Specific Use Permit (SUP) for Gasoline Sales on 1.2± Acres of Land within Tract 4 of Planned Development No. 26 Zoned for Shopping Center Uses Located at the Southeast Corner of McDermott Drive and Ahna Drive as Requested by Allen Village, Ltd. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk, the Council voted five (5) for and none (0) opposed with Mayor Pro Tem Kerr not present, to remove this item from the Table. The motion carried Planner Marcie Diamond reviewed previous Council action regarding this Agenda Item. The additional conditions set by Council on April 1 have been incorporated into the revised Specific Use Permit conditions Staff is currently reviewing a preliminary plat for the entire shopping center tract for compliance with requirements of the Zoning and Subdivision Ordinances. Art Anderson, 5400 Renaissance Tower, Dallas, Texas, presented revisions to Item F and G of Exhibit D Restrictive covenants will be filed at the Collin County Clerk's Office immediately upon approval of this item. Mayor Terrell informed Council and guests that the public hearing for this request had been closed at the April I meeting, but invited anyone wishing to speak regarding this item to do so at this time Kay Johnson, 200 Fairfax Drive, Allen, Texas, requested Council address the following issues. 1) overnight parking; 2) operating hours; 3) additional members on committee; 4) vacant parcel maintenance; 5) brick with particular writing, and 6) removing automotive businesses and fast food restaurants John Hall, 1228 Irvine Drive, Allen, Texas, spoke in opposition to the gas station. ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 PAGE 8 Cathy Nestman, 1428 Greenbriar, Allen, Texas, requested that Council reconsider the types of businesses proposed within Allen and preserve Allen as a family-oriented community Tim Burchell, 100 Brentwood Court, Allen, Texas, requested specific hours of operation and maintenance of the entire property be addressed. Debbie Cosgrove, 1309 Lighthouse Lane, Allen, Texas, requested Council review and amend current City ordinances, codes and zoning to better protect our neighborhoods from the negative influences of businesses which would not be appropriate for residential areas. She also requested the standards and integrity of our neighborhoods be upheld by incoming business developments and that the proper City ordinances be put into place to ensure this. The following individuals did not speak, but wished their opposition to the request recorded. Anna Thornton, 1506 Drexel Court, Allen, Texas; Wayne D Thornton, 1506 Drexel Court, Allen, Texas„ Jack Wills, 109 Sierra Court, Allen, Texas; Sandy Sanders, 920 Tyler, Allen, Texas, Trish McMinn, 1306 Lighthouse Lane, Allen, Texas, Amy Alderdice, 1202 Sonoma Drive, Allen, Texas; Keith Henderson, 1333 Comanche Drive, Allen, Texas. This request includes only the 1.2 acres of this property which was originally zoned in the mid - 1980's. Council is able to address concerns regarding this particular acreage The covenants for this property can be amended. The building will be developed in harmony with the surrounding development. Residents have the recourse of bringing suit against the property owner for any items not adhered to within the covenants. The proponent agreed to add additional architectural enhancements in the building elevations to break up the large expanse of bricks. Ordinance No. 1722-5-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously Amended, by Amending Planned Development No. 26, Tract 4, by Granting a Specific Use Permit (SUP) for Service Station on 1.2343 Acres in the Michael See Survey, Abstract No. 543, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached hereto; Providing for a Site Plan and Exterior Elevations Attached Hereto as Exhibit `B" and Exhibit "C," Respectively; Providing for Conditions Attached Hereto as Exhibit "D," Providing for a Repealing Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for �! Each Offense; and Providing for the Effective Date of Said Ordinance. ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 1711"DIN MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Gallagher, the Council voted five (5) for and none (0) opposed with Mayor Pro Tem Kerr not present, to approve and adopt Ordinance No. 1722-5-99 as previously captioned with the following amendments to Exhibit D* Item C, delete the words "and/or stucco," and add "Additional architectural enhancements will be included in the building elevations to break up the large expanse of bricks", Item F, "All lighting shall be hooded and fully shielded", and Item G, adding " sites in Tract 4, PD 26, if any " The motion carried Mayor Pro Tem Kerr took his place at the Council bench. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item X) Ordinance to Amend Tract 2 of Planned Development No. 70 to Amend the Concept Plan and Development Regulations to Allow a Variance to Section 3.05.7.G(7) of the Zoning Ordinance on 46.35± Acres of Land Located South of Bethany Drive and West of FM 2551 for Arbor Lakes Planner Marcie Diamond reviewed the request to amend the concept plan and development regulations of Planned Development No. 70. On January 28, 1999, the Planning and Zoning Commission approved a preliminary plat for this tract of land, subject to legal interpretation relating to the preservation of tree rows. City Attorney Peter Smith's legal interpretation states that this provision must be adhered to unless waived through the Planned Development or Board of Adjustment process. The proponent is requesting the removal of the tree row adjacent to Tract 2 be approved. The proponent has offered to replace the trees that are removed with healthy trees, per caliper inch, within the open space areas planned for the single-family development. Ron Haynes, proponent, requested approval of his request. 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 either for or against the request, Mayor Terrell closed the public hearing Discussion was held regarding single -loaded streets and the apparent discrepancy with the concept plan Once Council has dealt with an issue, Council requested staff to ensure the intent of the Council is followed. Ordinance No. 1723-5-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 1425-5-% and Zoning Map, as Previously Amended, To Amend the Development Regulations of Planned Development -No. 70 (PD -70), Ordinance No. 1678-1-99, for 46.365 Acres in the D. B Hearne Survey, Abstract No. 427, City of Allen, Collin County, and Being Further Described in Exhibit "A" ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 PAGE 10 Attached Hereto; Providing for Development Regulations and Concept Plan Attached Hereto as Exhibit `B" and Exhibit "C", Respectively; Providing for a Repealing Clause; Providing for a Severability Clause; Providing for a Savings Clause; Providing for a Penalty of Fine Not to Exceed the Sam of Two Thousand Dollars ($2,000) for Each Offense; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1723- 5-99 as previously captioned with Exhibit C, concept plan, being amended to require that all healthy trees removed from the tree row, regardless of type, be replaced, per caliper inch, within the open space area. The motion carried. Conduct a Public Heating and Consider the Adoption of an (Agenda Item XI) Ordinance for a Planned Development District for Single Family Residential on 15.06± Acres of Land Currently Zoned as an Agriculture -Open Space District Located North of Hedgcoxe Road and East of Nottingham Place for the Villas at Custer Hills Planner Marcie Diamond reviewed the request to place a Planned Development District for single family zoning on 15.06 acres of land. The Planning and Zoning Commission recommended approval of the request with the amendment that front -facing garages be limited to a maximum of eleven homes on the eastern edge of the tract. Richard Vlad and Warren Packer, proponents, spoke in support of this request. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. A resident from Custer Hills spoke in opposition to the request. He asked about the joint alley use. He requested the greenbelt strip be combined into a park area for children and questioned lot size With no one else speaking either for or against the request, Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Councilmember Gallagher and a second by Mayor Pro Tem Kerr, the Council voted five (5) for and one (1) opposed with Councilmember Owen casting the negative vote, to table this request to the June 1 regular meeting. Council instructed the proponent to provide the following information: 1) density computations in this neighborhood district, and 2) monetary or another way of using the open space requirement more suitable to neighborhood use The motion carried. 11 ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 Other Business A. Accept Monitoring Reports • Asset Protection Policy (EL 3.5) No action was taken. B. Governance Self -Evaluation C. Calendar May 18 Millennium Award Luncheon May 22 Business Expo - 11:00 am Council Highlighted May 28 SW Legal Foundation Seminar D Items of Interest PAGE 11 (Agenda Item XI1) • Proclamation from the Allen Chiropractic Clinic Proclaiming "Kids Day America/Intermtional" The Regular Session recessed at 11:50 p.m. Executive Session (Agenda Item XIII) 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 11:55 p.m. on Thursday, May 6, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Property - Transfer of Property to Allen Economic Development Corporation (AEDC) • Property - Armstrong Property The Executive Session adjourned at 11:59 p.m on Thursday, May 6, 1999 (Agenda Item XIV) Reconvene and Consider Action on Items Discussed During Executive Session The Allen City Council reconvened into regular session at 11.59 p.m. on Thursday, May 6, 1999, in the Council Chambers of the Allen Public Library There was no action taken on items discussed in Executive Session. ALLEN CITY COUNCIL REGULAR MEETING MAY 6, 1999 PAGE 12 (Agenda Item SIV) MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:59 p.m. on Thursday, May 6, 1999 The motion carried These minutes approved on the 20th day of May, 1999 APPROVED: -- lY'— f I Stephen Terrell, MAYOR ATTEST: J dy Mofiison, CMC, CITY SECRETARY