Min - City Council - 1986 - 01/02 - Regular (2)NO
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 2, 1986
Present:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Jim Wolfe
Jim Pendleton
Gary Koch
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was
called to order by Mayor Rodenbaugh at 7:53 p.m. on
Thursday, January 2, 1986, in the Council Chambers of
the Allen Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item II)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 7 - 0 to approve
and adopt all items on the Consent Agenda as recommended
and as follows:
A. Approval of City Council Minutes of December 19,
1985 - Regular Session
Donald
P. Rodenbaugh,
Mayor
with the 1979 Capital Improvement Program
Council
Members:
1. Hannah Construction Co., Inc. $
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Jim Wolfe
Jim Pendleton
Gary Koch
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was
called to order by Mayor Rodenbaugh at 7:53 p.m. on
Thursday, January 2, 1986, in the Council Chambers of
the Allen Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item II)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 7 - 0 to approve
and adopt all items on the Consent Agenda as recommended
and as follows:
A. Approval of City Council Minutes of December 19,
1985 - Regular Session
B. Authorization to city staff to pay bills
associated
with the 1979 Capital Improvement Program
as follows:
1. Hannah Construction Co., Inc. $
61,574.00
Contract for Construction of
the Ford Park Swimming Pool and
Ball Fields - Application No. 3
Period: 11-17-85 thru 12-20-85
C. Authorization to city staff to pay bills
associated
with the 1985 Capital Improvement Program
as follows:
1. SWA Group $
276.83
Contract for Streetscape for
Phase I of Main Street Project
Reimbursable Expenses - Period:
11/1/85 thru 11/30/85
2. SWA Group $
2,523.58
Contract for Streetscape for
Phase I of Main Street Project
Professional Services - Period:
11/1/85 thru 11/30/85
3. SWA Group $
191.04
Contract for Streetscape for
Phase I of Main Street Project
Reimbursable Expenses - Period:
11/1/85 thru 11/30/85
ALLEN CITY COUNCIL
JANUARY 2, 1986
Page 2
CONSENT AGENDA
(cont'd)
(Agenda
Item II)
4.
SWA Group
$
1,457.99
Contract for Streetscape for
Attachments of Exhibit "E", Amended
Phase I - Main Street
Project
Amended Approved Land Use and Area
Professional Services
- Period:
Acres of Land Out of the 408.57 Acre
11/1/85 - 11/30-85
Tract Located in the G. W. Ford Survey,
The
motion carried.
Whisenant Survey, Abstract No. 1012,
End of Consent
Agenda
on the Official Zoning Map as Planned
Public Hearing:
Request to Amend
Penalty; Providing for an Effective Date;
and Providing for Publication of the
Zoning of PD No. 22
Caption.
and Site Plan Approval
on 356.57 Acres
Location:
South of Park Place
Drive, north of
Chaparral Road, west
of Allen Heights Drive
and east of Cottonwood
Creek
Requester:
Pat Atkins, representing
The Venture 409 Group
(Agenda
Item III)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing on a Request to Amend Zoning on 356.57
Acres of Land out of Planned Development No. 22 and
Consider Site Plan Approval and an Ordinance Amending
Planned Development No. 22 by Attaching the Approved
Site Plan as Exhibit "E" and the Amended Use and Area
Regulations as Exhibit "F"."
Mr. Pat Atkins, with Don Tipton Engineering and representing
the Venture 409 Group, presented to and spoke before the Council
on the request for the zoning amendment and site plan approval
on the 356.57 acre tract of land located south of Park Place
Drive, north of Chaparral Road, west of Allen Heights Drive
and east of Cottonwood Creek, presently zoned Planned Development
No. 22.
Using a site plan of the property, Mr. Atkins explained
to the Council the existing zoning of Planned Development No.
22 and the allowable uses in that zoning district. Using
a large land use map of the proposed zoning amendment, Mr. Atkins
reviewed with the Council the requested changes which are changes
in the distribution of house and lot sizes for single family
residential, the elimination of the townhouse zoning districts
and the replacement of them with a new concept of twin-plexes,
the rearrangement of the thoroughfares in the development to
flow around the flood -plain areas, the dedication of a site
for a fire station, and an agreement with adjacent property
a
and
Ordinance No. 671-1-86: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Planned Development Zoning
Ordinance No. 507-5-84 to Include the
Attachments of Exhibit "E", Amended
Approved Site Plan, and Exhibit "F",
Amended Approved Land Use and Area
Regulations for Development of 356.7
Acres of Land Out of the 408.57 Acre
Tract Located in the G. W. Ford Survey,
Abstract No. 328, and the R. C.
Whisenant Survey, Abstract No. 1012,
Collin County, Texas, Presently Delineated
on the Official Zoning Map as Planned
Development No. 22; Providing for a
Penalty; Providing for an Effective Date;
and Providing for Publication of the
Caption.
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing on a Request to Amend Zoning on 356.57
Acres of Land out of Planned Development No. 22 and
Consider Site Plan Approval and an Ordinance Amending
Planned Development No. 22 by Attaching the Approved
Site Plan as Exhibit "E" and the Amended Use and Area
Regulations as Exhibit "F"."
Mr. Pat Atkins, with Don Tipton Engineering and representing
the Venture 409 Group, presented to and spoke before the Council
on the request for the zoning amendment and site plan approval
on the 356.57 acre tract of land located south of Park Place
Drive, north of Chaparral Road, west of Allen Heights Drive
and east of Cottonwood Creek, presently zoned Planned Development
No. 22.
Using a site plan of the property, Mr. Atkins explained
to the Council the existing zoning of Planned Development No.
22 and the allowable uses in that zoning district. Using
a large land use map of the proposed zoning amendment, Mr. Atkins
reviewed with the Council the requested changes which are changes
in the distribution of house and lot sizes for single family
residential, the elimination of the townhouse zoning districts
and the replacement of them with a new concept of twin-plexes,
the rearrangement of the thoroughfares in the development to
flow around the flood -plain areas, the dedication of a site
for a fire station, and an agreement with adjacent property
a
ALLEN CITY COUNCIL
JANUARY 2, 1986
Page 3
Public Hearing: Request to Amend
Zoning of PD No. 22
and Site Plan Approval
on 356.57 Acres
Requestor: Pat Atkins, representing
The Venture 409 Croup (Agenda Item III)
and
Ordinance No. 671-1-86 (cont'd)
owners to purchase a portion of the right-of-way where the
present white rock road exists, pave the roadway at the
developer's expense, and to provide the availability of
water and sewer for extension to that area.
Mr. Atkins then presented a slide show presentation
on the twin-plex housing concept which showed these dwelling
units at their location in De Soto. Mr. Atkins also showed
artist renderings of the houses and floor plans of the units.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this request. Mayor
Rodenbaugh closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting held on November 26, 1985, recommended to the City
Council approval of this request as amended in accordance
with the city staff's recommendations stated as follows:
1. Fire station site should be zoned Community Facilities
"CF", and if the property is being dedicated to the
city as indicated by the developer, it should be so
stated within the ordinance.
2. The open space area containing flood -plain, should
be zoned "CF -FP".
3. If roadways around Ford Park and down to Bethany Drive
are to be installed by the builder with the city's
pro -rata share being reimbursed at a future time, it
should be so stated in the ordinance.
4. Because the east road between the existing single
family area, and this property owner, is shown to
be partially on the adjacent properties, it should be
stated in the ordinance that the location is contingent
upon participation by the adjacent property owners.
If not, the roadway is to be moved to the west entirely
on this proposed tract, and the entire street to be
built by the developer.
There was considerable discussion by the City Council
on the use of "park bond funds" to pay for the street develop-
ment around Ford Park, the elimination of the larger size
single family dwelling units with more emphasis placed in
the middle-sized homes, the location of the fire station site
being the most advantegous site for the city and the fire
department, the exact portions of the roadways that the
developer will be responsible for paving and what areas the
city will be responsible for reimbursement to the developer,
and the proposed agreement with the adjacent property owners
to this site regarding paving of the white rock road, and
water and sewer availability.
Bill Petty, Director of Community Development, spoke
before the Council on the portion of Mr. Atkins' letter in
the proposal which states:
9
ALLEN CITY COUNCIL
JANUARY 2, 1986
Page 4
Public Hearing: Request to Amend
Zoning of PD No. 22
and Site Plan Approval
on 356.57 Acres
Requestor: Pat Atkins, representing
The Venture 409 Group (Agenda Item III)
and
Ordinance No. 671 -1 -
"The City of Allen agrees to reimbursement of their
half of complete roadway development along the common
property line of Ford Middle School Park area. And,
further, the City of Allen agrees to roadway reimburse-
ment of the proposed fire station frontage along
Bethany Road and the proposed 60' collector in Tract
One. This reimbursement will come about after the
developer has completed construction and city acceptance
of said roadways has been obtained."
Mr. Petty advised the Council that reimbursement for the portion
of the roadway in front of the fire station site and when it
should be paid had not been determined at the Planning and
Zoning Commission's consideration of this request. He also
advised that funds had not been set aside for this paving
project at this time. Mr. Petty advised the Council that if
they wanted to approve the city's reimbursement of this paving
expense, it should be stated that the city will reimburse those
paving expenses when appropriate funds become available.
Mr. Atkins spoke before the Council on the reimbursement
of the paving expense for the portion of the roadway in front
of the fire station and stated that since the developer was
going to dedicate the site for the fire station, they felt
the city should pay for the roadway.
There was further lengthy discussion on the elimination
of the larger size single-family residential dwellings and
the need to adjust the figures to include more of those types
of dwelling units in this request rather than place so much
of the dwelling unit sizes in the 1,650 square footage lots
to the 1,800 square footage lots.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Pendleton, the Council voted six (6)
for and one (1) opposed, with Councilman Koch casting
the negative vote, to approve the zoning amendment
request as presented, and in accordance with the
Planning and Zoning Commission's recommendations,
as stated; with the following changes to the chart
on page 7 of the use regulations to reflect that:
Minimum 1,805 unit sq. ft. is now 88 for total units
Minimum 1,800 unit sq. ft. is now 128 for total units
Minimum 1,750 unit sq. ft. is now 128 for total units
and, that it be clearly stated that the requirement
for reimbursement by the city of the funds for the
street frontage for the fire station will be upon
the availability of funds to do so; and to adopt
Ordinance No. 671-1-86, as captioned previously,
and to include the above changes. The motion carried.
Mayor Rodenbaugh recessed the regular session of the Allen
City Council at 9:24 p.m. The meeting reconvened at 9:35 p.m.
4
ALLEN CITY COUNCIL
JANUARY 2, 1986
Resolution No. 672-1-86(R): A
Resolution of t e City Council
of the City of Allen, Collin
County, Texas, Ordering an
Election to be Held on April 5,
1986, for the Purpose of Electing
Three (3) Members of the City
Council (Places No. 2, 4, and 6)
and the Mayor's Place to the City
Council to Hold Office for a Period
of Two Years; Designating Location
of Polling Place; and Ordering
Notices of Election to be Given as
Prescribed by Law in Connection
With Such Election.
Page 5
(Agenda Item IV)
City Secretary Marty Hendrix spoke before the Council
on the proposed resolution ordering the April 5, 1986 City
Council Election for Places No. 2, 4, and 6 and the Mayor's
Place to the City Council. Ms. Hendrix also provided the
Council with an election calendar showing the various
important dates to be considered during the election process.
She also advised the Council of the changes in the election
law which allowed candidates to file for positions earlier
than had been allowed in previous years.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Koch, the Council voted 7 - 0 to
adopt Resolution No. 672-1-86(R), as captioned
above. The motion carried.
Review and Consider Items Related
to General Liability and Auto
Insurance for the City of Allen (Agenda Item V)
City Manager Jon McCarty spoke before the Council on
an emergency situation that existed regarding the city
being notified by their insurance company that the insurance
coverage for public officials liability, police officers
liability, and automobile liability insurance would be terminating
at the end of December and that the company would not continue
that coverage. Mr. McCarty advised that city staff had then
taken steps to make various contacts to seek out other means
of obtaining the needed insurance coverage.
Mr. McCarty advised that Employers Insurance of Texas
had agreed to provide the needed coverage but also wanted
the city's workman's compensation insurance coverage as well.
Due to the emergency situation existing for the city with no
insurance coverage, city staff had proceeded with contracting
with Employers Insurance of Texas to obtain the needed coverage.
Mr. McCarty advised the Council that city staff would be
looking this year into the city's insurance needs and would
be considering other methods for providing the needed coverage.
f MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
recognize this insurance termination as an emergency
situation and to authorize the city staff to proceed
with the securing of the appropriate insurance coverages
through Employers Insurance of Texas. The motion
carried.
9
ALLEN CITY COUNCIL
JANUARY 2, 1986
Page 6
Filing Statement of Contributions
and Expenditures for January 15, 1986 (Agenda Item VI -A)
City Secretary Marty Hendrix advised the Council that
they had been furnished with the appropriate forms so that
they could proceed with the filing of their annual statements
of contributions and expenditures for the January 15th deadline,
in accordance with Title 15 of the Texas Election Laws.
This item was received as a matter of information. There
was no action taken on this item.
Items of Interest to the Council (Agenda Item VI -B)
Mayor Rodenbaugh advised the Council of the meeting of
the audit subcommittee of the Council with city staff on
the update status of items or work areas that had been
improved in accordance with the recommendations of the
auditor's management letter for the FY 1984 - 85 audit.
Mayor Rodenbaugh advised that city staff had taken steps
to make improvements in the various areas mentioned in the
management letter and that the audit subcommittee was
satisfied with the status of the improvements.
City Manager Jon McCarty distributed to the Council
the report from Bill McMorries, McMorries & Associates,
the consultant used for the Lone Star Gas rate increase
request. Mr. McCarty advised the Council that based upon
the Council's request, Tuesday, January 21, 1986, at
7:00 p.m., had been selected as a proposed date to hold
a workshop session whereby Mr. McMorries will make his
presentation on his report for the Lone Star Gas rate
increase request and the Council can review and discuss
his recommendation.
After a brief dicussion on the proposed date, it was
the consensus of the Council to hold the workshop session
on Tuesday, January 21, 1986, at 7:00 p.m., at the Allen
Municipal Annex.
City Secretary Marty Hendrix reminded the Council of
the information that had been sent to them on the Conference
of the National League of Cities to be held in Washington,
D.C. on March 8 - 11, 1986 and advised that if any Council
Member wished to attend, reservations needed to be made
as soon as possible.
Adjournment
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 9:54 p.m. on Thursday, January 2, 1986. The
motion carried.
These minutes approved on the 16 day of January
Donald P. Rodenbaugh PAYOR
Marty Hendrix, ITY SECRETARY
I