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Min - City Council - 1999 - 05/20 - RegularALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 Present Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher (absent) Susan Bartlemay Kenneth Fulk Melissa Owen 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 Gamma is Present (Agenda Item I) With 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 6:30 p.m. on Thursday, May 20, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas Discuss Current Aeenda (Agenda Item 11) There was no discussion held regarding the current agenda. Items of Interest (Agenda Item III) A. Presentation of Landscape/Art Plans for New City Hall Parks and Recreation Director Don Horton informed Council a new irrigation system will be installed during reconstruction of the plaza Water will flow from four places in the urn, fall over the dam (similar to historic dam) and meander under various bridges to the outcropping at City Hall. Since fountains can be turned off for various reasons, the water features will be designed to look good even without water. The pools of water will have lights and lighting will be included at each of the spillovers on the urn. Decomposed rock will be used near the library in the event construction takes place in the future on that pan of the property ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 PAGE The revised Concept Plan and budget was presented to Council. Costs for the revised plan estimated at $1,827,287 Several of the funding sources for this project include the McDermott Family contribution, Community Development funds, Water Tower proceeds and the plaza fund for a total of $802,905 with additional funding still needed. Council concluded this is the direction to be taken at this time. B. Review Library Facilities Survey Instrument Consultant Mary Vail reviewed the library survey Callers will be trained to ask the questions in the proper manner. Statistical validity was discussed. Council requested that clarification be given on the services provided by a central vs. branch library and what the present library would be used for if a new library were built. Additional citizen input will be provided. The survey is only one vehicle to gather citizen input. C. Discussion of the Proposed Nonresidential Design Standards Senior Planner Marcie Diamond and Economic Development Director David Pitsnck discussed proposed Nonresidential Design Standards. Due to current development, Allen Economic Development Corporation (AEDC) believes it is imperative to develop standards to protect the economic development interests in town. AEDC will supplement staff to proceed forward with this concept. Council requested staff report back to Council in three months with the proposed design standards. D Presentation Regarding Proposed Rate Changes for Lone Star Gas Company Steve Matthews, Lone Star Gas Company, presented a summary for the gas rate. Lone Star Gas requested the City suspend their rate change request for 90 days and take part in a steering committee with other cities to study and determine what the City desires. Discussion of Development of Suncreek Neighborhood Park Parks and Recreation Direction Don Horton reviewed the proper placement of a neighborhood park and its master plan The trail from Alma Drive to Tamm Drive will be 10 feet rather than eight feet wide. An agreement will be drawn up as a cooperative effort with Bon Terre, Inc. General Obligation bonds will be sold to repay Community Development Corporation's (CDC) front money Staff will work on a calendar timeframe to reassure the CDC they will be repaid in a timely manner (Agenda Item IV) • Large Lots and Cost of Development Policy Resolution Postponed Councilmembers agreed by consensus to hold a special called workshop to write Ends policies, agreed to employ an independent facilitator for the task, and asked staff to return with suggested dates ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 REGULAR MEETING PAGE 3 With a quorum of the Councilmembers present, the regular session of the Allen City Council convened by Mayor Terrell at 7.40 p.m. on Thursday, May 20, 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 Held on May 1, 1999 (Agenda Item V) • Administration of Oath -of -Office and Presentation of Certificate -of -Election to Re-elected Councilmember. City Secretary Judy Morrison administered the Oath -of -Office to re-elected Councilmember Lonnie Thomas, Place No 1. Mayor Terrell presented the Certificate -of -Election to Councilmember Thomas and offered congratulations to him. • Election of Mayor Pro Tem. This item was not removed from the table (Agenda Item VI) • Presentation of Proclamation to the Allen Fire Department Proclaiming Emergency Medical Services Week • Presentation by Dr. Tom Ward, Medical Director of the Allen Fire Department, Recognizing EMT -of - the -Year and Paramedic -of -the -Year Dr Tom Ward presented the Paramedic -of -the -Year Award to Fire Fighter/Paramedic Pat Churchwell and the EMT -of -the -Year Award to Fire Fighter/EMT John D Miller. Council commended these individuals for their dedication and outstanding service to the citizens of Allen. • Presentation of Proclamation to Sharon Mayer, President of Allen Chamber of Commerce, Proclaiming Btrauiess Appreciation Week Steve Matthews received the proclamation on behalf of the Chamber of Commerce. • Presentation of Proclamation to a Representative from Animal Control, Allen Police Department, Proclaiming Bite Prevention Week • Citizens' Comments There were no citizens' comments Consent Agenda (Agenda Item VII) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to approve the Minutes of the May 6, 1999, Regular Meeting. The motion carried. (Agenda Item VIH) MOTION: Upon a motion made by Councilmember Thomas, the Council removed the following item for discussion: ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 PAGE 4 C. Authorize Execution of an Agreement with Bon Terre, Inc. and the Allen Community Development Corporation for the Development of a Neighborhood Park in the Suncreek Neighborhood 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 approve and adopt all remaining items on the Statutory Agenda as recommended and as follows: A. Adopt an Ordinance Updating the City of Allen Code of Ordinances. Ordinance No. 1724-5-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Adopting and Enacting Supplement Number 11 to the Code of Ordinances for the City of Allen; Providing a Severability Clause; Providing a Penalty for Such Violation Thereof; and Providing When Such Supplements and this Ordinance Shall Become Effective. B Adopt a Resolution Authorizing the Proposed Rate Changes for Lone Star Gas Company Resolution No. 1725-5-99(R): A Resolution of the City Council of the City of Allen, Collin `I County, Texas, Suspending the Proposed Effective Date of the Proposed Rate Schedules of Lone Star Gas Company, Providing that the Rate Schedules of Said Company Shall Remain Unchanged During the Period of Suspension, Providing for Notice Hereof to Said Company, and Finding and Determining that the Meeting at Which this Resolution is Passed is Open to the Public as Required by Law. D Authorize Execution of an Agreement Regarding the Land Acquisition for Fire Station #5 Council authorized the City Manager to execute a Purchase and Sales Agreement for one acre of land for Fire Station No 5 with William E. Campbell, Jr , Watters Branch #2 Limited Partnership. E. Authorize the Bid for the Installation of a Traffic Signal at the Intersection of Bethany Drive and Century Parkway Council authorized the City Manager to execute a contract with Durable Specialties, Inc., for the signal installation at the Bethany Drive and Century Parkway intersection in the amount of $93.800 and revised the budget from $95,000 to $110,500. F Declaration of Surplus Equipment and Vehicles for Sale at Public Auction. Council declared the following items surplus and authorized staff to sell these items at a public auction: ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 PAGE 5 Item VIN Number 1990 F700Ford Sewer Jet Truck IFDXK74PXLVA33969 1992 GMC C340OHD Utility Truck IGDHC34J2PE549447 (corrected) 1989 Nissan Hardbod Pick-up1N6HD12HSKC350805 G Receive CIP (Capital Improvements Program) Status Report. The motion carried C Authorize Execution of an Agreement with Bon Terre, Inc. and the Allen Community Development Corporation for the Development of a Neighborhood Park in the Suncreek Neighborhood, MOTION: Upon a motion made by Councilmember Thomas and a second by Mayor Pro Tem Kerr, the Council voted six (6) for and none (0) opposed to authorize the City Manager to execute an agreement with Bon Terre, Inc., and the Allen Community Development Corporation for the development of a neighborhood park in the Suncreek neighborhood and to approve the neighborhood park master plan as presented The motion carried. Reappointment of Mr. James Kerr as a Director to the North Texas (Agenda Item IX) Municipal Water District Board to Serve a Term from June 1, 1999, to May 31, 2001 MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bardemay, the Council voted six (6) for and none (0) opposed to reappoint James Kerr to the North Texas Municipal Water District Board of Directors to serve a term from June 1, 1999 to May 31, 2001 The motion carried. Consider Request by Dr. Jeff Wood to Waive the Park Dedication (Agenda Item X) Fees on his Property in the Buckingham Estates Subdivision Councilmember Thomas stepped down from the Council bench due to a conflict of interest. Planner Marcie Diamond reviewed the requirements of the Park Fee Ordinance. This ordinance does not contain a provision for a waiver of these fees. If Council desires to grant a waiver, staff requests the Park Fee Ordinance be officially amended to allow for granting of waivers. Staff recommends that Dr. Wood and all other property owners who recently platted without the collection of fees be required to submit the park fees as required by the Park Fee Ordinance. Discussion was held regarding requiring the payment of park fees for new lots created by subdividing only, and not for the "original" parcel. Council also discussed the possibility of discriminatory practices in the granting of a reduction of the fee. E ALLEN CITY COUNCIL I REGULAR MEETING MAY 20, 1999 PAGE Council asked by consent that staff develop a way administratively to reduce the original fee and require payment on both lots at time of platting which is very specific in this case. City Attorney Peter Smith recommended Council not make this a common practice with regard to the waiver of fees but will accommodate Council's wishes in developing an appropriate document in this instance. Councibnember Lonnie Thomas returned to the Council bench. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XI) Ordinance for a Change in Zoning from R-2 Single Family Residential to a Community Facilities District on .864 Acres of Land Located at 509 South Greenville Avenue as Requested by the First United Methodist Church Planner Marcie Diamond reviewed the request to rezone 0.864 acres of land from R-2 to Community Facilities. The Planning and Zoning Commission recommended approval of the request as submitted. Jim Wolfe respectfully requested approval 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. With no one speaking either for or against the request, Mayor Terrell closed the public hearing Ordinance No. 1726-5-99: 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 Granting a Change in Zoning from (R-2) Single Family Residential District to (CF) Community Facilities for .864 Acres in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached Hereto; 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. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1726-5- 99 as previously captioned and recommended. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 PAGE 7 Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XII) Ordinance Granting a Specific Use Permit for a Restaurant/Private Club on Property Currently Zoned Parcel 5 of Planned Development No. 68 on 3.2089 Acres of Land Located on US 75, North of Bethany Drive as Requested by Second Century Investments Planner Marcie Diamond reviewed the request to establish a Specific Use Permit for a Restaurant/Private Club within Parcel 5 of Planned Development No. 68, The Planning and Zoning Commission recommended approval of the request as submitted. 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 Ordinance No. 1727-5-99: 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. 68, Ordinance No. 1615-7-98, by Approving Specific Use Permit No. 66 for a Restaurant/Private Club for 3.2089 Acres in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, and Being Further Described in Exhibit "D" Attached Hereto; Providing for a Site Plan, Floor Plan, and Building Elevations Attached Hereto as Exhibits "E", "F", and "G" 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 Sum of Two Thousand Dollars ($2,000) for Each Offense; and Providing an Effective Date. 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. 1727- 5-99 as previously captioned and recommended. The motion carried. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XIII) Ordinance for an Amendment to Planned Development No. 68 for an Increase in the Maximum Height Limitation for Parcel 5 from 50 Feet to 80 Feet on 3.2089 Acres of Land Located on US 75, North of Bethany Drive as Requested by Second Century Investments Planner Marcie Diamond reviewed the request to amend 3.2089 acres of land of Planned Development No. 68. The Planning and Zoning Commission recommended approval of the request as submitted ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 PAGE 8 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 Ordinance No. 1728-5-99: 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 Condition VLD of the Development Regulations of Planned Development No. 68, Ordinance No. 1615-7- 98, to Increase the Maximum Height for Parcel 5 from 50 Feet to 80 Feet for 3.2089 Acres in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, and Being Further Described in Exhibit "H" Attached Hereto; Providing for Amended Development Regulations, and Building Elevations Attached Hereto as Exhibits "I" and "J", 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 Sum of Two Thousand Dollars ($2,000) for Each Offense; and Providing an Effective Date. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Banlemay, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 1728-5-99 as previously captioned and recommended with the proponent agreeing to a brick fagade on the facility The motion carried. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item XIV) Ordinance for a Specific Use Permit for a Service Station on .573 Acres of Land Located at the Northeast Corner of US 75 and McDermott Drive as Requested by the Exxon Company, U.S.A. Planner Marcie Diamond reviewed the request to establish a Specific Use Permit for a service station on 0.573 acres of land. The Planning and Zoning Commission recommended approval of the request subject to approval of the landscape buffer variance by the Board of Adjustment, the attachment of a Landscape Plan and the canopy lights to be down -light only Robert Stangle, proponent, requested approval of the Specific Use Permit agreeing to a brick facade 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 L ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 PAGE 9 Ordinance No. 1729-5-99: 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 Approving Specific Use Permit No. 65 for a Service Station for a .573 Acre Tract of Land Zoned '°CBD" Central Business District Located in the Wilbam Perrin Survey, Abstract No. 708, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached Hereto; Providing for a Site Plan, Landscape Plan, and Building Elevations Attached Hereto as Exhibits °B", "C", and "D", 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 an Effective Date. MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1729-5- 99 as previously captioned and recommended. The motion carried. Other Business (Agenda Item RV) A. Accept Monitoring Reports • Financial Condition and Activities Policy (EL 3.4) 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 accept the internal monitoring report on Financial Conditions and Activities with the stipulation that the City Manager's interpretations of our policy are reasonable, and that he has demonstrated successfully that the organization is in compliance with our policy as he has interpreted it. The motion carried B. Consider Revising Monitoring Schedule • Treatment of Citizens Policy (EL 3.1) • Financial Planning/Budgeting Policy (EL 3.3) MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bardemay, the Council voted six (6) for and none (0) opposed to revise the schedule for internal monitoring report, Treatment of Citizens, to once each quarter and revise the schedule for internal monitoring report, Financial Planning/Budgeting, to once a year, every August. The motion carried. EC. Governance Self -Evaluation ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 PAGE 10 D Calendar • May 22 - Business Expo - Joe Farmer Recreation Center • May 28 - Southwestern Legal Foundation Seminar • June 3 - Council Photo • June 4 - NCTCOG Luncheon - Hyatt Regency/DFW-West Tower • June 10 - TENTATIVE - Joint AISD/Council Meeting • June 12 - City Bond Election • June 26 - Allen USA Celebration at Allen Station Park • August 13-15 - Budget Workshop E. Items of Interest The Regular Session recessed at 10:00 p.m. Executive Session (Agenda Item XVI) 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 10:03 p.m. on Thursday, May 20, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in order to continue discussing matters pertaining to: • Staff Briefing - Conference with City Manager Regarding City Hall Plaza Project The Executive Session adjourned at 1030 p.m on Thursday, May 20, 1999 Reconvene and Consider Action on Items Discussed During (Agenda Item XYII) Executive Session The Allen City Council reconvened into regular session at 10:40 p.m. on Thursday, May 20, 1999, in the Council Chambers of the Allen Public Library There was no action taken on items discussed in Executive Session Adjourn (Agenda Item XVIII) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10 41 p.m. on Thursday, May 20, 1999 The motion carried. 11 ALLEN CITY COUNCIL REGULAR MEETING MAY 20, 1999 PAGE 11 These minutes approved on the 3rd day of June, 1999 APPROVED: Stephen Terrell, MAYOR ATTEST: J y Mo on, CMC, CITY SECRETARY