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Min - City Council - 1999 - 09/16 - RegularALLEN CITY COUNCIL El REGULAR MEETING SEPTEMBER 16, 1999 Present: Stephen Terrell, Mayor Councilmembers: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Susan Bartlemay Kenneth Folk 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 Ouor is Present (Agenda Item 1) 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 6:24 p in. on Thursday, September 16, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Discuss Current Anemia (Agenda Item II) There was no discussion regarding the current agenda. Items of Interest (Agenda Item III) A Briefing Regarding Background and State -of -the -Art Information for the Library Master Plan Florence Mason, Consultant, reviewed background information on the Library Master Plan. The demographics of the community portrays a high user profile for users in Allen. Today, library users are using the library for books or the Internet and are expecting a more diverse collection of materials. There is also an emphasis on children literacy programs and the need to read from an early age throughout life. The library represents an important destination point for citizens and access, location and parking are important factors to consider. She reviewed functional issues including image, identity, growth and characteristics of the community She also reviewed the library's mission statement and service goals, operational A A ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1999 PAGE 2 statistics and informational technology Additional information will be presented for Council review at an upcoming workshop. B. Discussion Regarding Capital Improvement Projects: (1) Construction of the Police and Courts Building (2) Construction of the Central Fire Station Community Development Director Bill Petty presented information on the Police and Fire CIP projects. Council requested a site plan for the four acres on Century Drive as the proposed location for the Central Fire Station. Council agreed to locate police personnel in the Annex building during the remodel of the Police and Courts Building. Additional space will be available at 101 S. Butler once building inspections personnel moves into the new City Hall. Policy Aeenda (Agenda Item IV) There were no policy agenda items. The Workshop Session recessed at 7:30 p.m. REGULAR MEETING With a quomm of the Councilmembers present, the regular session of the Allen City Council convened by Mayor Terrell at 7 43 p in on Thursday, September 16, 1999, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Public Recoenition (Agenda Item V) • Administer Oaths -of -Office and Present Certificates -of -Appointment to Newly Appointed Members of Various City Boards City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed members of the Allen Arts Alliance and Keep Allen Beautiful Board. Allen Arts Alliance Expiration Date Place No. 2 - Shannon Kelly September 30, 2000 Keep Allen Beautiful Exorration Date Place No. 1 - Kay McKenna September 30, 2001 Mayor Terrell presented those attending a Certificate -of -Appointment certifying their new position and expressed a welcome and a sincere thanks to the members who are serving their community ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1999 PAGE 3 • Citizens' Comments Council recognized the Boy Scouts Troop members for attending the meeting to complete requirements on a merit badge. Muggs Gallagher presented a police hat and emblems from Bulgaria to the Allen Fire and Police Chiefs. (Agenda Item VI) Mayor Pro Tem Kerr stepped down from the Council bench due to a previous commitment. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk, the Council voted six (6) 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 August 30, 1999, Public Hearing on the Tax Rate. B. Approve Minutes of the September 2, 1999, Regular Meeting. C. Authorize Execution of a Contract for the Purchase of Park Property from the Skorburg Company in the Amount of $337,500. Council authorized the City Manager to execute an agreement with the Skorburg Company for the purchase of 13.5 acres of parkland located within the Spring Meadow Subdivision in the amount of $337,500. D Receive In Assessor -Collector's Report. The motion carried. (Agenda Item VII) MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Statutory Agenda as recommended and as follows: A. Adopt a Resolution Authorizing the Transfer of Funds from the Cable Television Fund to the City Hall Construction Fund. Resolution No. 1770-9-99(R): A Resolution of the City Council of the City of Allen, Colin County, Texas, Authorizing the Transfer of Funds from the Cable Television Fund to the City Hall Construction Fund. B. Adopt a Resolution Designating the Allen American as the Official Newspaper for the City of Allen. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1999 PAGE 4 Resolution No. 1771-9-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Designating the Allen American as the Official Newspaper for the City of Allen. C Adopt a Resolution Declaring an Emergency and Authorize Execution of a Contract for an Immediate Purchase of a Replacement Ambulance from Frazer, Inc., for the Fire Department. Resolution No. 1772-9-99(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Declaring an Emergency and Authorize Execution of a Contract for an Immediate Purchase of a Replacement Ambulance from Frazer, Inc., for the Fire Department. D Authorize Execution of Two Revised Interlocal Agreements with Collin County Regarding Alma Road and Stacy Road Improvements as Previously Approved by City Council by Resolutions on August 5, 1999 Council authorized the City Manager to execute the two revised Interlocal Agreements with Collin County to provide funding for the Alma Road and Stacy Road improvements The County's maximum participation in the Alma Road project shall not exceed $2,413.000 and in the Stacy Road project shall not exceed $4,253,000. The agreements were revised to add administrative changes included to the County's new version of Interlocal Agreements and are listed as follows Article I Added: "All improvements shall be designed to meet or exceed the current Collin County design standards " Article lI Added: "In all such activities, the City shall comply with all state statutory requirements." And "The City provide the County with a copy of the executed construction contracts) for theproject." Article IV Revised to "the City will receive 50% of County funds at the beginning and 50% at the mid -point of the project." Added a provision that if the project is under budget, half of the savors are to be sent to the County. Article XIV Revised term to "annual renewal to completion of theproject." E. Award Bid and Authorize Execution of a Contract with McMahon Contracting, Inc., in the Amount of $135,344 21 to Construct the Extension of Wimbledon Drive to Custer Road Council accepted the low bid and authorized the City Manager to execute a contract with McMahon Construction, Inc., for the construction of the extension of Wimbledon Drive to Custer Road in the amount of $135,344 21. F Award Bid and Authorize Execution of a Contract with McMahon Contracting, Inc., in the Amount of $168,642.25 to Construct the Extension of a Portion of Butler Drive to the Existing Fire Lane Located in Front of Dickey's Barbecue Pit Located at 405 Central Expressway South. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1999 PAGE 5 Council accepted the low bid and authorized the City Manager to execute a contract with McMahon Contracting, Inc., for the construction of the extension of Butler Drive to the west to connect with the fire lane located at 405 Central Expressway South in the amount of $168,642.25 and amended the budget to $200,000 G. Authorize the City Manager to Execute an Engagement Letter with KPMG LLP for the Annual Financial Audit. Council authorized the City Manager to execute an engagement letter with KPMG LLP for the annual financial audit for a total of $32,000. H. Receive CIP (Capital Improvements Program) Status Report The motion carried. TABLED ITEM: Adopt an Ordinance Changing the Zoning from (Agenda Item VIII) Agriculture -Open Space to a Planned Development District for Single Family Residential and Community Facility Uses for a Public Park Further Described as 110.7 Acres of Land Located South of Stacy Road between Malone Road and FM 1378 as Requested by the Skorburg Company MOTION: Upon a motion made by Councilmember Banlemay and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to remove this item from the table. The motion carried Ordinance No. 1773-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance No. 1425-5-% and Zoning Map, as Previously Amended, by Granting a Change in Zoning from Agriculture -Open Space to Planned Development District for Single Family Residential and Community Facility Uses by Approving Planned Development District No. 85, for 110.7 Acres in the J. Miller Survey, Abstract No. 609, and G. Fitzhugh Survey, Abstract 320, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached Hereto; Providing for Development Regulations, and Concept Plan, Attached Hereto m Exhibits `B" and "C" Respectively; Providing a Repealing Clause; Providing a Severability Clause; Providing 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 an Effective Date. MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1773-9- ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1999 PAGE 99 as previously captioned approving Planned Development District No 85 The motion carried. Conduct a Public Hearing and Consider the Adoption of an (Agenda Item IX) Ordinance for a Specific Use Permit for Gasoline Sales on Property Zoned Flood Plain -Planned Development No. 56 on 1.317 Acres of Land Located at the Southeast Corner of Custer Road and McDermott Drive for a Chevron Gas Station Mayor Pro Tem Kerr returned to the Council bench. Planning Director Marma Sukup reviewed the request for a Specific Use Permit for gasoline sales on 1.317 acres. The Planning and Zoning Commission recommended approval of the request subject to the relocation of the driveway on Custer Road fifty -feet to the south and a revision to the landscaping to assure adequate visibility at the exit to the car wash. Blair Baker, 100 N. Central Expressway, Suite 902, Richardson, Texas, requested approval of the requested as approved by the Planning and Zoning Commission. 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. 1774-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance No. 1425-5-% and Zoning Map, as Previously Amended, by Amending Planned Development No. 56, Tract 3, by Granting Specific Use Permit for Service Station on 1.3172 Acres in the John Huffman Survey, Abstract No. 416, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached Hereto; Providing for Development Regulations, and Site Plan, Landscape Plan and Building Elevations, Attached Hereto As Exhibits `B," "C" and "D" Respectively; Providing a Repealing Clause; Providing a Severability Clause; Providing a Savings Chmse; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; and Providing for an Effective Date. MOTION: Upon a motion made by Counmlmember Owen and a second by Councilmember Fulk, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No 1774- 9-99 as previously captioned with the stipulation that 75 % of the exterior budding be brick and L that City staff review building elevations. The motion carried. ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1999 PAGE 7 MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Kerr, the Council voted seven (7) for and none (0) opposed to amend the previous motion to include the option of a "brick" or "stone" exterior. The motion carried Conduct a Public Hearing and Consider the Adoption of an (Agenda Item X) Ordinance for a Change in Zoning from Local Retail to a Planned Development District for Local Retail Uses on 3.95 Acres of Land Located at the Southeast Corner of SH 5 and Exchange Parkway for the Allen Retail Center Planning Director Marma Sukup reviewed the request for Planned Development District zoning on 3.95 acres. The Planning and Zoning Commission recommended approval of the request subject to the revised Development Regulations, Concept Site and Landscape Plan, and Building Elevations. Chris Barnett, 14850 Town Drive, Suite 201, Dallas, Texas, and Mark Smith, 8150 North Central Expressway, Dallas, Texas, requested approval of the request as revised 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. Council directed staff to work with the proponent to provide enhanced screening including berms and landscape to provide irregular plantings using fewer photenias. Discussion was held regarding the screening of mechanical equipment The proponent agreed to provide a 48" recessed roof on the entire complex to screen all mechanical equipment. Ordinance No. 1775-9-99: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance No. 1425-5-% and Zoning Map, as Previously Amended, by Granting a Change in Zoning from Local Retail District to Planned Development District for Local Retail Uses by Approving Planned Development District No. 87, for 3.9529 Acres in the Lewis Weisel Survey, Abstract No. 978, City of Allen, Collin County, Texas and Being Further Described in Exhibit "A" Attached Hereto; Providing for Development Regulations, and Concept Site and Landscape Plan and Building Elevations, Attached Hereto as Exhibits "B" and "C" Respectively; Providing a Repealing Clause; Providing a Severability Clause; Providing 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 an 7 Effective Date. L ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1999 PAGE 8 MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Gallagher, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1775- 9-99 as previously captioned with City Staff being directed to provide additional guidance of the disbursement of 40% stone and rear screening of headlights to include berms and varying landscaping vegetation as engineering allows. The motion carried. Consideration of Selectins a Name for the New Allen Natatorium (Agenda Item XI) MOTION: Upon a motion made by Mayor Pro Tem Kerr and a second by Councilmember Owen, the Council voted seven (7) for and none (0) opposed to time the natatorium after former Mayor Donald Rodenbaugh. The motion carried. Council directed City staff to contact Mr. Rodenbaugh to discuss the exact wording for the name. Other Business (Agenda Item XII) A. Set Thursday, September 23, 1999, as the Date for a Joint Workshop with the Allen City Council and the Planning and Zoning Commission to Discuss Design Standards and Large Lot Developments. B. Governance Self -Evaluation The Governance Self -Evaluation was not conducted. C. Calendar • October 25 - Joint AISD/Council Meeting • November 17 thin 20 - TML Annual Conference/Dallas • November 18 - City Council Meeting Canceled due to TML Annual Conference • December 1 - Board/Commission Appreciation Dinner • December 10 - Employee Awards Dinner D Items of Interest • Council Committee Report on Employee Pay Plan Councilmember Thomas and Councilmember Fulk will remain on the ad hoc committee for the 2001 review of the Employee Pay Plan. Executive Session (Agenda Item XIII) The Executive Session was not held. L ALLEN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1999 PAGE 9 Reconvene and Consider Action on Items Discussed During (Agenda Item XIV) Executive Session No action was taken. (Agenda Item XV) MOTION: Upon a motion made by Councilmember Owen 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 10:15 p.m on Thursday, September 16, 1999 The motion carried. These minutes approved on the 7th day of October, 1999 APPROVED: Stephen Terrell, MAYOR ATTEST: Judy Morrison, CMC, CITY SECRETARY