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Min - City Council - 1986 - 02/20 - RegularCITY OF ALLEN ANNEXATION PUBLIC HEARING FEBRUARY 20, 1986 148.8907 Acres Present: City Staff• Marty Hendrix, City Secretary Requestor: William R. Wines In accordance with Article 970(a), V.A.T.C.S., the public hearing was called to order by City Secretary Marty Hendrix at 1:05 p.m. on Thursday, February 20, 1986, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Secretary Marty Hendrix advised that the 148.8907 acres of land,in ten (10) contiguous tracts, out of the John W. Roberts Survey, Abstract No. 762, and the H. Seaborn and R. F. Clements Survey, Abstract No. 879, has been requested to be annexed into the Allen city limits by the following property owners: David K. Selby, M. D. 11.533 acres Robert B. Palmer 10.144 acres Fergus Walker, Jr. & Richard Hansen 10.135 acres Peter H. Shaddock 30.366 acres Walter S. Henrion & William R. Wines 32.135 acres Betty Williams 10.170 acres George Perutz 10.224 acres William R. Wines 34.1637 acres City Secretary Marty Hendrix reviewed the location of the property, being southeast of State Highway 121, north of County Road 149 and west of County Road 150. City Secretary Marty Hendrix advised that the prepared service plan for the 148.8907 acres was available for public review. City Secretary Marty Hendrix opened the public hearing. Mr. William R. Wines, representing the property owners, spoke in favor of the annexation request. With no one else wishing to speak either for or against this annexation request, City Secretary Marty Hendrix closed the public hearing. The public hearing was adjourned at 1:10 p.m. These minutes reviewed and approved on this the 20th day of February , 1986. Marty Hendrix, ityy�nSecc^r`etary / 54 ALLEN CITY COUNCIL REGULAR SESSION FEBRUARY 20, 1986 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem (left meeting at 7:54 p.m.) Jim McClure Rex Womack Jim Wolfe Jim Pendleton Gary Koch City Staff: Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:32 p.m. on Thursday, February 20, 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 McClure, 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 February 3, 1986 - Joint Called - Special Meeting of the Allen City Council and the Allen Independent School District Board of Trustees. B. Approval of City Council Minutes of February 6, 1986 - Regular Session. C. Approval of City Council Minutes of February 11, 1986 - Joint Called - Special Meeting of the Allen City Council and the Plano City Council. D. Authorization to city staff to pay bills associated with the 1979 Capital Improvement Program as follows: 5q 1. Central Signs $750.00 Contract for Construction of Main Street - Phase I - Signs for notification of "Street Bond Funds for Main St" and Signs for notification of "Street Bond Funds at Work" 2. Graham Associates, Inc. $7,455.00 Contract for Construction of Main Street - Phase I - Construction Staking - Services thru: 1-21-86 3. Graham Associates, Inc. $3,035.00 Contract for Construction of Main Street - Phase I - Engineering Desiqn and Con- tract Administration of Phase I, Includes Revising Main Street Plans to Reflect New Design for Sidewalks and Other Items - Services thru: 1-21-86 5q ALLEN CITY COUNCIL FEBRUARY 20, 1986 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 4. Texas Meter & Sewer Co. $ 1,438.82 Contract for Construction of Main Street - Phase I - Installation of Parts for Irrigation System 5. Schrickel, Rollins & Associates $ 6,505.00 Contract for Construction of Ford Park Swimming Pool and Ballfields - Services Rendered for Observation and Shop Drawings, and Administration of Contract, Field Checks, Reproduction and Mileage for time period 8/1/85 - 12/31/85. E. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program. There were no bills to be paid at this time. F. Schedule of Taxes Receivable as of January 31, 1986. G. Set March 6, 1986 as Public Hearings Date on a Request to Annex Approximately 94.36 Acres of Land in Two Tracts Located East and West of State Highway 5 and North of Chaparral Road, as requested by property owners, Heinz H. Molsen, Barbara Kandel and Frederick G. Molsen. H. Set March 20, 1986 as a Public Hearing Date on a Request to Amend Planned Development No. 13, Cottonwood Bend North, to Change the Use Regulations to Allow Garden Homes in Tracts 9 and 10 on Property Located North of Bethany Road and East of Jupiter Road, as requested by Pat Atkins, Don Tiption Engineering for Land- mark Development. I. Set March 20, 1986 as a Public Hearing Date on a Request for a Specific Use Permit for an Environmental Laboratory in the Central Business District Located in Suites 103/105 Allen Plaza, as requested by Kendall Brown. The motion carried. End of Consent Agenda Ordinance No. 679-2-86: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81, by Amending Section 2.10 to Include Definitions for Private Clubs and Restaurants/ Private Clubs; Amending the Schedule of Uses to Include Restaurant/ Private Clubs; Amending Section 3.01 by Amending Legend and Establishing Geographic Locations; Repealing and Readopting Section 2.06 Establishing Criteria for Evaluation of Specific Use Permits, and Establishing Separate Criteria for Evaluating and Regulating Specific Use Permits for Private Clubs and Restaurant/Private Clubs; Providing for a Penalty; Providing for a Severability Clause; and Providing for an Effective Date. (Agenda Item III) bo ALLEN CITY COUNCIL FEBRUARY 20, 1986 Page 3 Ordinance No. 679-2-86 (cont'd) (Agenda Item III) Mayor Rodenbaugh advised the Council that the proposed ordinance would amend the city's Zoning Ordinance in order to regulate private clubs/restaurants and private clubs in the city. The Planning and Zoning Commission, at their regular meeting on February 13, 1986, recommended to the City Council approval of adoption of the proposed ordinance with the following modifications: 1. The distance requirement be reduced from 1,000 feet to applicable State distances and measure- ment procedures (300 feet). 2. Minimum seating be reduced from the proposed 80 to 50. The Council discussed maintaining the 1,000 foot distance as opposed to the 300 feet recommended by the Planning and Zoning Commission and the changing of the minimum seating for private clubs only back to the 80 seats. MAIN MOTION: A motion was made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton to approve and adopt Ordinance No. 679-2-86 in accordance with the recommendation of the Planning and Zoning Commission, as stated, and as captioned previously. AMENDMENT TO MAIN MOTION: A motion was made by Councilman Koch and seconded by Mayor Pro Tem Farmer to amend the main motion to set the minimum seats to 80 for private clubs only. The Council voted four (4) in favor of the motion and three (3) opposed, with Council Members Womack, Wolfe and McClure casting the negative votes. The motion carried. VOTE ON MAIN MOTION: The Council voted four (4) in favor of the main motion and three (3) opposed, with Council Members Womack, Wolfe and McClure casting the negative votes. The main motion carried. At this time, Mayor Pro Tem Farmer left the meeting. Public Hearing: Location: Requestor: Request to Annex Approximately 148.8907 Acres of Land in Ten Contiguous Tracts Southeast of S. H. 121, North of County Road 149 and West of County Road 150 William R. Wines on behalf of Property Owners (Agenda Item IV) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing on a Request to Annex Approximately 148.8907 Acres of Land in Ten Contiguous Tracts Located Southeast of State Highway 121, North of County Road 149 and West of County Road 150." 61 ALLEN CITY COUNCIL FEBRUARY 20, 1986 Public Hearing: Request to Annex Approximately 148.8907 Acres of (cont'd) Land in Ten Tracts Page 4 (Agenda Item IV) Bill Shaddock, property owner of three of the tracts and representing the other property owners involved in this annexation request, spoke before the Council on this annexation request. City Secretary Marty Hendrix pointed out the property to the Council using an aerial photo of the city and its extra- territorial jurisdiction and presented the plats of the approx- imately 148.8907 acres of land out of the John W. Roberts Survey, Abstract No. 762, and the H. Seaborn and R. F. Clements Survey, Abstract No. 879, located southeast of State Highway 121, north of County Road 149 and west of County Road 150. The property owners involved in this request are: David K. Selby, M.D Robert B. Palmer Fergus Walker, Jr. Richard Hansen Peter H. Shaddock Walter S. Henrion & William R. Wines Betty Williams George Perutz William R. Wines (11.533 acres) (10.144 acres) (10.135 acres) (30.366 acres) (32.135 acres) (10.170 acres) (10.224 acres) (34.1637 acres) City Secretary Marty Hendrix advised the Council that in accordance with State Law, the first public hearing was held by city staff at 1:00 p.m. on February 20, 1986, in the Council Chambers of the Allen Municipal Annex. Minutes of those proceedings had been furnished to the City Council for their review. The service plan had been prepared and was available for public review. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this annexation request. Mayor Rodenbaugh closed the public hearing. Mayor Rodenbaugh announced that there would be no action taken on this request at this time. The annexation ordinance would be prepared and presented to the City Council at their regular meeting to be held on March 20, 1986 for consideration of adoption. Accept the 1984-85 Fiscal Year Annual Financial Report (Agenda Item V) Larry Mullins, with Peat, Marwick and Mitchell and Company, the city's external audit firm, spoke before the Council on the 1984 - 85 Fiscal Year Annual Financial Report. Mr. Mullins reviewed the document with the Council and explained the figures on pages 4, 5, 6 and 7, which showed the combined balance sheet for all fund types and account groups; explained the figures on pages 8, 9, 10, and 11, which showed the combined statement of revenues, expenditures and changes in fund balances for all fund types and expendable trust funds; explained the figures on pages 12 and 13, which showed the statement of revenues and expenditures - budget and actual for general, special revenue and debt service fund types; and explained pages 14, 15, 16, and 17, which showed the proprietary fund (water and sewer). Mr. Mullins pointed out to the Council that the remaining pages contained notes to reflect the findings of the combined financial statements. Mr. Mullins also advised that a management letter had been furnished to the city and to the Council regarding methods for improvements in certain areas. ALLEN CITY COUNCIL FEBRUARY 20, 1986 Page 5 Accept the 1984 - 85 Fiscal Year Annual Financial Report (Agenda Item V) Mr. Mullins advised that the findings of the audit was that the aforementioned combined financial statements present fairly the financial position of the City of Allen, Texas, at September 30, 1985. Mayor Rodenbaugh advised the Council of the meeting of the Council' subcommittee with the auditors for a more detailed review of the audit and the recommendation of that subcommittee to the Council was to accept the annual financial report as prepared. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Koch, the Council voted 6 - 0 to approve and accept the 1984 - 85 Fiscal Year Annual Financial Report as presented. The motion carried. 63 Consideration of Items Related to the Main Street Streetscape Project (Agenda Item VI) Bill Petty, Director of Community Development, spoke before the Council on the consideration of additional items to be added to the street paving contract for Main Street with Angel Concrete Company. Mr. Petty advised the Council that working with Angel Concrete Company, the contractors doing the street improve- ments to Main Street - Phase i, and the SWA Group, the consultants hired for the Streetscape for Main Street, it had been determined that Angel Concrete Company could do the following additional improvements as a change work order to their current contract: Street Pavers $29,160 Concrete Work 40,109 Tree Grates & Frames 11,273 Irrigation Sleeving 8,743 Electrical Sleeving 6,400 $95,685 Total The remaining items to be included in the streetscape project, such as lighting, sidewalk pavers and landscaping, would be let out for bids. Mr. Petty pointed out that there currently exists in the contract with Angel Concrete an $98,000 overlap which was included for such items as the stairs by the feedstore and lighting. Thus, Mr. Petty explained that the budget impact of this change work order would be a $2,315.00 reduction. Mr. Petty explained to the Council about the original plan to place sleeving in the sidewalks for the irrigation system, with the irrigation system to be installed at a later date. However, after discussing this with the city's consulting engineer, the city staff is now recommending that sleeving for the irrigation system not be used in the sidewalks and that the irrigation system be added now when the sidewalks are constructed. Therefore, the additional cost for the placement of the irrigation system now would be $25,000. Mr. Petty explained why the city staff had chosen not to use sleeving in the sidewalks for the irrigation system and pointed out that leaks would be easier to locate and repair than if the system was enclosed in sleeving. 63 IL ALLEN CITY COUNCIL FEBRUARY 20, 1986 Consideration of Items Related to the Main Street Streetscape Project (cont'd) The Council discussed with the sleeving of the irrigation to do that in the sidewalks and on certain other items. Page 6 (Agenda Item VI) Mr. Petty the meaning of system and the decision not the need to go out for bids MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Wolfe, the Council voted 6 - 0 to approve the change work order for the streetscape items in the amount of $95,685 and to approve the installation of the irrigation system in the sidewalks for $25,000, in accordance with the recommendation of city staff, as stated. The motion carried. Approve Architect Selection Process on the Design of Municipal Buildings (Agenda Item VII)` Michael Stanger, Administrative Assistant to the City Manager, spoke before the Council on the architect selection process for the design of the municipal buildings, i.e., police and courts building and library building and renovation to the central fire station. Mr. Stanger reviewed with the Council the work of city staff on the development of the architect selection process and reviewed in detail the calender of that process. Mr. Stanger explained that Request for Information (RFI) was a product of the city staff and it was sent to numerous architect firms in order to receive information on the various firms and their capabilities. The city staff would then review those RFI's and narrow the field of participants to around eight to ten. At that time, the city would then send out Requests for Proposals (RFP's) to those firms to invite more detailed information. The field of architects would then be narrowed again to three or four firms to make presentations to the City Council. Mr. Stanger advised that one concern had been the Library Board's participation in this process and it had been suggested at city staff discussions that the Library Board view the presentations and make a recommendation to the City Council. Mr. Stanger pointed out, however, that this was not part of the city staff's recommendation. The Council briefly discussed the process and asked for a clarification of the Library Board's participation and who had suggested their participation in the process. MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Koch, the Council voted 6 - 0 to approve the architect selection process on the design of the municipal buildings as presented and as recommended by city staff. The motion carried. Appointments to Vacancies on Planning and Zoning Commission (Agenda Item VIII -A) City Secretary Marty Hendrix advised the Council of the two vacancies existing on the Planning and Zoning Commission due to the resignations of Dr. Jerry Wilson, Place No. 3 and Jack Pennington, Place No. 6. Ms. Hendrix pointed out to the Council that it was the city staff's recommendation that these positions be advertised further and data sheets received until March 3rd. The data sheets would then be presented to the Council for their review on March 6th and appointments could be made on March 20th. (Jl ALLEN CITY COUNCIL FEBRUARY 20, 1986 Page 7 Appointments to Vacancies on Planning and Zoning Commission (cont'd) (Agenda Item VIII -A) Ms. Hendrix pointed out to the Council that one of the terms of office would be expiring in June, therefore, the Council would again be considering that appointment in May. The Council discussed the appointments to the two vacancies and the need to make both appointments at this time, the need to start interviewing the candidates whether it be all of the Council or a subcommittee made up of two or three Council Members, the need to have the subcommittee be on a rotating basis, the need to develop a format of questions for the interviews so that they all can be consistent, and the need to provide for a brief orientation session for the candidates by city staff support before the interviews. In further discussion, it was the consensus of the Council that city staff would proceed with the schedule as recommended for appointments to the two vacancies, and that time be allotted for the interviewing process before the appointments are to be made on the 20th. The city staff is also to consider making their orientation presentation prior to the interviews. Mayor Rodenbaugh appointed Council Members Jim Pendleton and Jim Wolfe as the members of the first interview committee. There was no action taken on this item. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:52 p.m. The meeting reconvened at 9:06 p.m. Consider Items Related to Controlling Signs in the Extraterriotrial Jurisdiction (Agenda Item VIII -B) Bill Petty, Director of Community Development, spoke before the Council on House Bill 1330 which allows a municipality options in creating a sign abatement act which requires establishment of a sign evaluation board to determine values for reimbursement to sign owners who are forced to remove nonconforming signs. It also provides that municipalities can extend their sign regulation ordinances to the limits of their extraterritorial jurisdiction and thereby, restrict sign structures to city code requirements rather than those of the State of Texas. Mr. Petty advised the Council that the Sign Board of the City of Allen, at their regular meeting in February of 1986, recommended to the City Council that the Sign Regulations Ordinance be amended to extend the powers to the extraterritorial jurisdiction lines. The Council discussed with Mr. Petty the legislation and how it will effect the city regarding the large billboard signs. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman McClure, the Council voted 6 - 0 to approve the recommendations of the Sign Board and to direct city staff to proceed with the preparation of an ordinance amending the city's Sign Ordinance to extend the powers to the extraterritorial jurisdiction lines. The motion carried. us ALLEN CITY COUNCIL FEBRUARY 20, 1986 E U.M. Consider Concept Plan for Future Intersection and Traffic Routing at Allen Heights Drive, Park Place Drive, Hillside Lane, Rolling Ridge Drive and Grassy Glen Drive (Agenda Item VIII -C) Bill Petty, Director of Community Development, spoke before the Council on the proposed concept plan for the future inter- section and traffic routing at Allen Heights Drive, Park Place Drive, Hillside Lane, Rolling Ridge Drive, and Grassy Glen Drive. Using a map of the intersection, Mr. Petty reviewed how the intersection would be constructed and advised of the work by the city staff and other parties to determine the most viable design for this complicated intersection. The Planning and Zoning Commission, at their regular meeting held on February 13, 1986, recommended to the City Council approval of the concept plan with the inclusion of the city staff's recommendations for modification. Mr. Petty pointed out the plan as presented to the Council was the modified plan. The Council discussed with Mr. Petty who the traffic con- sultant was in this design process and who the other parties were that worked on the design, the proposed name of the street which is now Hillside Drive but will be an extension of Rolling Ridge Drive, and what portions of the street will be put in by developers and what portions the city will be responsible for. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Koch, the Council voted 5 - 0 (with Council Member Pendleton being out of the room) to approve the design concept plan for the future inter- section and traffic routing at Allen Heights Drive, Park Place Drive, Hillside Lane, Rolling Ridge Drive and Grassy Glen Drive as presented and in accordance with the recommendation of the Planning and Zoning Commission and the city staff, as stated. The motion carried. Distribute the Water and Sewer Rate Study as prepared by Lewis F. McLain, Jr. (Agenda Item VIII -D) Charlotte Smith, Finance Director, distributed to the City Council copies of the Water and Sewer Rate Study as prepared by Lewis F. McLain, Jr. Mrs. Smith reminded the Council of the workshop session scheduled for Monday, February 24th, at which time Mr. McLain will review this study and make his recommendation. There was no action taken on this item. This item was received as a matter of information. Items of Interest to the Council (Agenda Item VIII -E) Player Rodenbaugh reminded the City Council of the upcoming Collin County Public Officials Banquet scheduled for Friday, February 28, 1986, and advised that the tickets had been distri- buted to the members that are attending. Councilman Jim Wolfe advised the Council that he is continuing to receive information from the law firm in Austin on the rate cases of AT&T and Southwestern Bell and is turning_ that information over to the City Manager if any of the other Council Members are interested in looking at the information. Councilman Wolfe advised that when there is a final decision made in the rate case, then perhaps a brief summary can be made of what was decided which can be distributed to all of the Council Members. 66 ALLEN CITY COUNCIL FEBRUARY 20, 1986 Page 9 Items of Interest to the Council (cont'd) (Agenda Item VIII -E) Councilman Wolfe also distributed to the Council copies of a memo he had prepared for the members of the Council - appointed telephone subcommittee regarding the meeting with the City of Plano, General Telephone Company and Southwestern Bell Telephone Company regarding the City of Plano's request for a 911 emergency service number and how Allen might be involved in this situation. Councilman Wolfe pointed out that this item might be placed on the Council's agenda for further update at some time in the future. Adjournment MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Pendleton, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 9:25 p.m. on Thursday, February 20, 1986. The motion carried. These minutes approved on the 6th day of March 1986. Marty Hendrix, 6 ITY SECRETARY !