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Min - City Council - 1999 - 06/17 - RegularI ALLEN CITY COUNCIL REGULAR MEETING JUNE 17, 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 Oumam is Present (Agenda Item 1) With a quomm of the Councilmembers present, dinner and the pre -meeting workshop session of the Allen City Council was called to order by Mayor Terrell at 630 p in. on Thursday, June 17, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Aeenda (Agenda Item I1) There was no discussion held regarding the current agenda. Items of Interest (Agenda Item III) A Updates Regarding Bond Program Schedule of Events Community Development Director Bill Petty reviewed the Propositions and the summary of project monies from the 1994 bonds and current bond election. He also reviewed the activity summary of all projects and the annual bond sales Official Council action will take place on specific projects prior to the actual bond sale. Finance Director Linda Vaughan reviewed the suggested schedule of events and the proposed tax revenues. ALLEN CITY COUNCIL REGULAR MEETING JUNE 17, 1999 PAGE Dan Almon, Southwest Securities, informed Council of the plan to sell bonds this year and reviewed future updates and assumptions based on facts as they materialized. The Bond Counsel will modify his fee to coincide with a less frequent sale rather than an annual sale Moody's and Standard & Poor's assured us that a special presentation was not needed since one had taken place recently B. Presentation of Media Training Public Information Officer Katherine Poteet reviewed the City's policy on media training and the Public Information Act. Review of Bids for Phase IV of the new City Hall Von Gallagher, Gallagher Construction, reviewed the Phase IV bids. The drywall and roofing bids came in high. Council requested special note be made on the HVAC test and balance to be assured of quality in this area. Council asked that items not be degraded to save a few dollars. This was especially true regarding the change from EIFS to exterior drywall. Staff will report back to Council. D Review of Proposed Amendments to the Comprehensive Zoning Ordinance Senior Planner Marcie Diamond reviewed the proposed amendments to the Comprehensive Zoning Ordinance. Staff was asked to provide an overview outline to the Council. Council would like to see its concerns addressed and how those concerns were satisfied. Policy Aeenda (Agenda Item IV) There was no discussion on the Policy Agenda The Pre -Meeting Workshop recessed at 7:38 p.m. REGULAR MEETING With a quorum of the Councilmembers present, the regular session of the Allen City Council convened by Mayor Terrell at 7 56 p.m. on Thursday, June 17, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas , Public Recoenition (Agenda Item V) ALLEN CITY COUNCIL REGULAR MEETING JUNE 17, 1999 Presentation of Plaques -of -Appreciation to Outgoing Board Members of Various City Boards Mayor Terrell presented a Plaque -of -Appreciation to: Laurelle Zamparelli Parks and Recreation Board 1997-1999 Plaques -of -Appreciation will be mailed out to the following Outgoing Board Members Brent Horak Keep Allen Beautiful Board 1998-1999 Phillip Lakin, Jr , Keep Allen Beautiful Board 1997-1999 Grace Kerr Keep Allen Beautiful Board 1998-1999 Sherry Delling Cable TV and Telecommunications Advisory Committee 1995-1999 • Citizens' Comments There were no Citizens' Comments PAGE 3 (Agenda Item VI) 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 the Minutes of the June 3, 1999, Regular Meeting. The motion carried. Statutory Aeenda (Agenda Item VII) MOTION: Upon a motion made by Councilmember Fulk, the Council removed the following item from the Statutory Agenda: A. Award Bid and Authorize Execution of a Contract for Phase IV of the new City Hall MOTION: Upon a motion made by Councilmember Owen and a second by Councilmember Fulk, 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: B. Adopt an Ordinance Abandoning the City of Allen's Prescriptive Rights -of -Way for Curtis Lane between Exchange Parkway and the North Property Line of the Proposed Wal-Mart Property Ordinance No. 1733-6-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Abandoning All Right, Title and Interest in Curtis Lane Between Exchange Parkway and the North Property Line of the Wal-Mart Property and Being More Particularly Described in Exhibit "A" Attached Hereto; Providing for the Furnishing of a Certified Copy of this Ordinance for Recording in the Real Property Records of Collin County, Texas, as a Quitclaim Deed; Providing for the Indemnification of the City of Allen, Texas, Against Damages Arising Out of the Abandonrtrent; Authorizing the City Manager El to Execute Any Documents Necessary to Complete Abandonment; and Providing for an Effective Date. I ALLEN CITY COUNCIL REGULAR MEETING JUNE 17, 1999 PAGE 4 C Consideration and Appropriate Action Relating the Ratification of the Contract to Sell Lot 3A of the Century Retail Addition to Allen Economic Development Corporation and the Execution of the Deed to other Documents Necessary to Complete the Sale of Said Lot. Resolution No. 1734.6-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Ratifying the Contract to Sell 1.9 Acres of Land Out of the Century Retail Addition to the Allen Economic Development Corporation and Ratifying the Execution of the Deed and All Documents Necessary to Complete the Sale by the Allen City Manager. D Authorize a Budget for Construction and Approve an Interlocal Agreement with the City of Plano for the Provision and Operation of a Traffic Signal at Jupiter Road and Chaparral Road Council authorized the City Manager to execute an Interlocal Agreement with the City of Plano and set a budget of $100,000 for the construction of a traffic signal at the intersection of Jupiter and Chaparral Roads. E Receive CIP (Capital Improvements Program) Status Report. The motion carried. Award Bid and Authorize Execution of a Contract for Phase IV of the new City Hall. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to accept bids for Phase IV of the new City Hall as recommended by Gallagher Construction for a total amount of $2,647,281 and to authorize the City Manager to negotiate further value engineering options through the change order process. The Council accepted the bid for Flagpoles for a total amount of $2,290 and instructed Gallagher Construction to remove the HVAC testing and balancing at this time to allow for assurances in this area. The motion carried. Consider AB Matters Incident and Related to the Canvassing of (Agenda Item VIII) Returns and Approve a Resolution Declaring the Results of the Special Bond Election held Jane 12. 1999 City Secretary Judy Morrison provided a canvass of the June 12, 1999, Special Bond Election for Capital Improvement Programs. Results from the Election were as follows. Proposition Number I "The Issuance Of $3,600,000 General Obligation Bonds For Police/Municipal Court Facilities" "For" 992 Votes "Against" 239 Votes A ALLEN CITY COUNCIL REGULAR MEETING JUNE 17. 1999 Proposition Number 2 "The Issuance Of $4,900,000 General Obligation Bonds For Fire -Fighting Facilities And Equipment" "For" 1,072 Votes "Against" 161 Votes Proposition Number 3 "The Issuance Of $20,500,000 General Obligation Bonds For Street Improvements" "For" 1.014 Votes "Against" 218 Votes Proposition Number 4 "The Issuance Of $1,500,000 General Obligation Bonds For Drainage Improvements" "For" 999 Votes "Against" 235 Votes Proposition Number 5 "The Issuance Of $22,000,000 General Obligation Bonds For Park/Recreational Improvements" "For" 873 Votes "Against" 357 Votes TotalRegistered VotersVoters Total Voters Voter Turnout 22,610 1,238 5.5% She also reviewed recent voting history and registered voters by precinct for the City of Allen. Resolution No. 1735-6-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Canvassing the Returns and Declaring the Results of the Special Bond Election held June 12, 1999. PAGE 5 MOTION: Upon a motion made by Councilmember Owen and a second by Counclmember Fulk, the Council voted six (6) for and none (0) opposed to approve Resolution No 1735-6-99(R) as previously captioned. The motion carried. PAGE 6 TABLED ITEM: Consider the Adoption of an Ordinance for a (Agenda Item II) Planned Development District for Single Family Residential for 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 This item was not removed from the table since the proponent was not present. TABLED ITEM: Consider the Adoption of an Ordinance for a (Agenda Item 1) Change in Zoning from Agriculture -Open Space District to Single Family Residential and Community Facilities District for 203.39 Acres of Land Located Southeast of Malone Drive and Exchange Parkway as Requested by Haynes Development Company for the Angel Property MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Thomas, the Council voted six (6) for and none (0) opposed to remove this item from the table. The motion carried. Planner Marcie Diamond reviewed the following revisions to the Development Regulations for the Angel Property: • Tracts 1 and 2 shall have a base zoning district of R-5 (verses R-6) with minimum lot size of 7,500 square feet except for the lots adjacent to the east property line which shall be a minimum of 14,000 square feet. • The following wording has been added to Development Regulation C.2: "When the existing Right -of -Way for Malone Road is abandoned, it will be made available to adjacent property owners. In the event that existing homeowners do not acquire the resultant tracts of land, this land will become a part of Tract 3a which will be maintained by the Homeowners Association of this development." • Development Regulation E.1 has been revised to increase the number of trees to be planted from one per 75 feet to one tree per 50 feet of street frontage. • Development Regulation E.2 has been amended to add the following: 11 The elevation of this wall shall be modified to include design elements to break-up the expanse and provide architectural relief" • The elevation of the fence has been added to Exhibit E of the ordinance. • A Development Regulation has been added which states that the name of FM 2551 (Angel Parkway) will be determined at the time of platting Ordinance No. 1736-6-99: 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 (AO) Agriculture -Open Space to Planned Development for "R-6" Single Family Residential and Community Facilities District Uses by ALLEN CITY COUNCIL REGULAR MEETING JUNE 17, 1999 PAGE 6 TABLED ITEM: Consider the Adoption of an Ordinance for a (Agenda Item II) Planned Development District for Single Family Residential for 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 This item was not removed from the table since the proponent was not present. TABLED ITEM: Consider the Adoption of an Ordinance for a (Agenda Item 1) Change in Zoning from Agriculture -Open Space District to Single Family Residential and Community Facilities District for 203.39 Acres of Land Located Southeast of Malone Drive and Exchange Parkway as Requested by Haynes Development Company for the Angel Property MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Thomas, the Council voted six (6) for and none (0) opposed to remove this item from the table. The motion carried. Planner Marcie Diamond reviewed the following revisions to the Development Regulations for the Angel Property: • Tracts 1 and 2 shall have a base zoning district of R-5 (verses R-6) with minimum lot size of 7,500 square feet except for the lots adjacent to the east property line which shall be a minimum of 14,000 square feet. • The following wording has been added to Development Regulation C.2: "When the existing Right -of -Way for Malone Road is abandoned, it will be made available to adjacent property owners. In the event that existing homeowners do not acquire the resultant tracts of land, this land will become a part of Tract 3a which will be maintained by the Homeowners Association of this development." • Development Regulation E.1 has been revised to increase the number of trees to be planted from one per 75 feet to one tree per 50 feet of street frontage. • Development Regulation E.2 has been amended to add the following: 11 The elevation of this wall shall be modified to include design elements to break-up the expanse and provide architectural relief" • The elevation of the fence has been added to Exhibit E of the ordinance. • A Development Regulation has been added which states that the name of FM 2551 (Angel Parkway) will be determined at the time of platting Ordinance No. 1736-6-99: 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 (AO) Agriculture -Open Space to Planned Development for "R-6" Single Family Residential and Community Facilities District Uses by �n ALLEN CITY COUNCIL REGULAR MEETING JANE 17, 1999 Approving Planned Development No. 83 (PD -No. 83) for 203.39 Acres in the W. Fisher Survey, Abstract No. 323, City of Allen, Collin County, and being Further Described in Exhibit "A" Attached Hereto; Providing for Development Standards, Zoning Exhibit, Concept Plan, and a Landscape/Screening Plan for Angel Parkway Attached Hereto as Exhibits "B", "C", "D", and "E", Respectively; Providing a Repealing Clause; Providing a Severability Clause; Providing a Savings Clause; Providing a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; and Providing an Effective Date. PAGE 7 MOTION: Upon a motion made by Councilmember Fulk and a second by Mayor Pro Tem Kerr, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1737-6- 99 as previously captioned with the following amendment to Item E.2 of the Development Regulations. The elevation of the fence will be reviewed by staff prior to final plat. The motion carried r Other Business A. Governance Self -Evaluation B. Calendar (Agenda Item XI) • June 26 - Allen USA Celebration/Allen Station Park • Summer Sounds Concert Series - Hillside Amphitheater ***July 12; 19; 26 and August 2, 9*** • July 24 - Special Called Workshop Regarding Large Lots/Cost of Development • August 13 through 15 - Budget Workshop • August 17 - Public Hearing on Budget at 7:00 p.m. • August 24 - Public Hearing on Tax Rate at 7,00 p.m. C. Items of Interest There were no items of interest. Executive Session (Agenda Item XII) The Executive Session was not held. Reconvene and Consider Action on Items Discussed During (Agenda Item XHI) Executive Session ALLEN CITY COUNCIL REGULAR MEETING JUNE 17, 1999 PAGER (Agenda Item XIV) 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 adjourn the regular session of the Allen City Council at 8:39 p.m. on Thursday, June 17, 1999 The motion carried. These minutes approved on the 1 st day of Jam, 1999 ATTEST: JU0 Mor ' n, CMC, CITY SECRETARY A APPROVED: 40—Z�3DD Stephen Terrell, MAYOR