Min - City Council - 1986 - 05/15 - RegularALLEN CITY COUNCIL
REGULAR SESSION
MAY 15, 1986
Present:
Donald P. Rodenbaugh, Mayor
Council Members:
Jerry Wilson
Rex Womack
Jim Wolfe
Jim Pendleton
Jack Pennington
Absent:
Joe Farmer, Mayor Pro Tem
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 7:34 p.m. on Thursday, May 15,
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 Councilman Wolfe and seconded
by Councilman Womack, the Council voted 6 - 0 to
approve and adopt all items on the Consent Agenda
as recommended and as follows:
A. Approval of City Council Minutes of May 1, 1986 -
Regular Session.
B. Authorization to city staff to pay bills associated
with the 1979 Capital Improvement Program as
follows:
Hannah Construction Company, Inc. $212,910.00
Contract for Construction of Ford
Park Swimming Pool and Ball Fields
Application No. 7 - Period:
3-30-86 to 4-20-86
C. Authorization to city staff to pay bills associated
with the 1985 Capital Improvement Program.
There were no bills for payment at this time.
D. Schedule of Taxes Receivable as of April 30, 1986
E. Ordinance No. 700-5-86: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the Herein-
after -Described Territory to the City of Allen, Texas,
Approximately 37.418 Acres Located in the Francis
Dosser Survey, Abstract No. 280; Collin County, Texas,
and Extending the Boundary Limits of the City so as
to Include Said Hereinafter -Described Property
Within the City Limits and Granting to All Inhabitants
and Owners of Said Property All of the Rights and
Privileges of Other Citizens and Binding All Inhabitants
by All the Ordinances, Acts, Resolutions and Regulations
of Said City; Providing a Severability Clause; and
Providing for the Effective Date of Said Ordinance.
i4�7
ALLEN CITY COUNCIL
MAY 15, 1986
Page 2
CONSENT AGENDA (cont'd) (Agenda Item II)
F. Set June 5, 1986 as the Public Hearings Date on a
Request to Annex 10.6461 Acres of Land Located
at the Northwest Corner of the Intersection of
F.M. 2170 and F.M. 2551, as requested by property
owner, Mohamed Dibas, Real World Investments, Inc.
The motion carried.
End of Consent Agenda
Presentation of the New
City of Allen Flag (Agenda Item III)
Mayor Rodenbaugh recognized Bonnie Garritson, who designed
the city's flag, and presented her with a certificate of
appreciation for her work in the design and also presented her
with a large flag and a small flag.
The City of Allen flag was presented to the public and
photographs taken with Mrs. Garritson.
Public Hearing: Request for a Specific
Ordinance No. 701-5-86: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance
No. 366-10-81, of the City of Allen as
Heretofore Amended so as to Attach a
Specific Use Permit With Conditions for
a Private Stable in an R-2 District
Known as the Don Jones Addition, With
Site Plan Approval, Restricting the 9
Acre Tract in the William Perrin Survey,
Abstract No. 708, Said Tract Being
Part of a 10 Acre Tract of Land Conveyed
to Robert E. Lowman, Et Ux, from Gentry
T.Jones, Et Al, Dated January 11, 1964;
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 to Consider a Request for a Specific Use
Permit for a Private Stable and Accessory Building for 400,
Incidential Storage and for Residential Use in an R-2
Zoning District and Request for Site Plan Approval on
Property Located at 507 South Greenville."
Tony Rossi, representing property owner, Don Jones, presented
to and spoke before the Council on behalf of this request for a
specific use permit for a private stable and accessory building
for incidential storage for residential use. Mr. Rossi pointed
out that this request had been before the Council in February of
1986 and was denied. There had been some minor changes made to
the request, thus the resubmission for approval. The stable would
contain only three horses and a portion of it would be an accessory
building to store equipment such as lawnmower, tools, etc. Mr.
Rossi advised that the horses would be for use by the property
owners and would not be a horse breeding business.
go
Use Permit for a
Private Stable and
Accessory Building for
Incidential Storage for
a Residential Use and
Request for Site Plan
Approval on a 9 Acre Tract
Zoning:
R-2 (Residential)
Location:
507 South Greenville
Requester:
Don Jones, property owner (Agenda Item IV)
and
Ordinance No. 701-5-86: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance
No. 366-10-81, of the City of Allen as
Heretofore Amended so as to Attach a
Specific Use Permit With Conditions for
a Private Stable in an R-2 District
Known as the Don Jones Addition, With
Site Plan Approval, Restricting the 9
Acre Tract in the William Perrin Survey,
Abstract No. 708, Said Tract Being
Part of a 10 Acre Tract of Land Conveyed
to Robert E. Lowman, Et Ux, from Gentry
T.Jones, Et Al, Dated January 11, 1964;
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 to Consider a Request for a Specific Use
Permit for a Private Stable and Accessory Building for 400,
Incidential Storage and for Residential Use in an R-2
Zoning District and Request for Site Plan Approval on
Property Located at 507 South Greenville."
Tony Rossi, representing property owner, Don Jones, presented
to and spoke before the Council on behalf of this request for a
specific use permit for a private stable and accessory building
for incidential storage for residential use. Mr. Rossi pointed
out that this request had been before the Council in February of
1986 and was denied. There had been some minor changes made to
the request, thus the resubmission for approval. The stable would
contain only three horses and a portion of it would be an accessory
building to store equipment such as lawnmower, tools, etc. Mr.
Rossi advised that the horses would be for use by the property
owners and would not be a horse breeding business.
go
ALLEN CITY COUNCIL
MAY 15, 1986
Page 3
Public Hearing: Request for a Specific
Use Permit for a
Private Stable and
Accessory Building for
Incidential Storage for
a Residential Use and
Request for Site Plan
Approval on a 9 Acre Tract
Requestor: Don Jones (cont'd) (Agenda Item IV)
and
Ordinance No. 701-5-86
Mr. Rossi presented the site plan of the property showing
the location of the residence, the location of the private stable
and accessory building for incidential storage, and the location
of domestic quarters. The site plan also showed the driveway
to the residence, the ingresses/egresses to State Highway 5
(Greenville Avenue), and the fence location around the property.
Don G. Jones, property owner, spoke before the Council
on his request.
Mayor Rodenbaugh opened the public hearing.
Dr. Anthony Vita, 402 E. Keith Drive, spoke before the
Council in favor of this request.
With no one else wishing 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 April 10, 1986, recommended to the City
Council approval of the specific use permit for a private
stable as requested. The Planning and Zoning Commission
further pointed out that the request limited the maximum
number of horses to three and that the specific use permit
would require review to determine expiration or continuance
upon the vacancy of the premises either by sale or change of
occupancy.
MOTION: Upon a motion made by Councilman Wilson and seconded
by Councilman Pennington, the Council voted 6 - 0
to approve the request for a specific use permit
and site plan approval as presented and in accordance
with the recommendation of the Planning and Zoning
Commission, as stated; and to adopt Ordinance No.
701-5-86 as captioned previously. The motion carried.
Review and Consider Items Related
to the Capital Improvement Program
Bond Sale (Agenda Item V)
City Manager Jon McCarty spoke before the Council on the
proposal recommended by city staff to sell city bonds prior to
September 1st and pointed out some of the effects of H.R. 3838
on the city's municipal bonds.
Mr. McCarty then reviewed in detail the proposed projects
to be included in the general obligation bond sale. Those
projects included streets, police and courts building construction,
park land acquisition, and remodeling of the central fire station
for a total bond amount of $7,000,000. Mr. McCarty then reviewed
the projects to be included in the water and sewer revenue bond
sale. Those projects came to a total of $2,200,000.
10
ALLEN CITY COUNCIL
MAY 15, 1986
Page 9
Review and Consider Items
Related to the Capital Improvement
Program Bond Sale (cont'd) (Agenda Item V)
Mr. McCarty distributed to the Council the first year bond
budget of the 1985 bond program and a bond program summary by
year for the total five years of the capital improvement pro-
jects approved in the 1985 bond sale. Mr. McCarty pointed out
that if the city sells the $7 million in bonds, the capital
improvement program will be accelerated from what was originally
planned.
Mr. McCarty then distributed information on tax revenue
distribution and calculation of estimated revenues and expendi-
tures. Using overhead transparencies, Mr. McCarty explained each
of the pages of information to the Council. Mr. McCarty pointed
out that a combined debt service schedule had also been prepared
for the Council's review,by the city's bond agent, showing the
$7 million in general obligation bonds.
Mr. McCarty reviewed and explained the calculation of the
effective tax rate that the city must calculate and publish
prior to the budget process and advised that an additional
public hearing had to be held as well as additional notices
published if the city proposed to have a tax increase of more
than 3%. Mr. McCarty advised the Council that it is anticipated
that the city would be considering a 5C tax increase if the city
sells the $7 million in bonds this year.
The Council discussed with city staff the interest rate used
on the debt service schedule and the interest rate on the bonds
that were sold by the city last year.
Mr. McCarty reviewed for the Council the bond buyers' index
and the interest rates on bonds that had been recently sold.
The Council discussed with city staff whether there would be
any matching grant funds available for park land acquisition from
the state since the state is having budget difficulities at this
time, if the city had a good chance of receiving those grant funds,
how the grant funds are established, and when bond monies had to
be in hand when applying for matching grant funds.
City Manager McCarty advised the Council that the city staff
was requesting action on the following items:
1. That authorization be given to the staff and the
city's bond agent to proceed with bond sale and
delivery of bonds prior to September 1, 1986.
2. Council decide on a process for reaching closure
on the amount of bonds to be sold this year.
3. Council be aware of the potential ad valorum tax
implications of this bond sale.
There was considerable discussion by the Council with city
staff on the original tax increase proposal that was developed
during the capital improvements program and bond election, how
that original proposal will be effected by this bond sale and
the 5C tax increase, what the actual motivation should be to
proceed with this bond sale and not the fact that action is
pending in federal legislation, determining what projects are
actually necessary at this time and not focusing on what effect
it will have on the tax rate, if the city sells the bonds then
the projects should proceed immediately and not hold back on
the expenditure of the bond funds, how the federal legislation will
effect the city's use of bond funds and the time period for
expenditure of the bond funds, what penalties could be placed on
the city should the legislation pass, when the deadline would be
to determine the amount of bonds to be sold before September 1st,
and making a decision on the projects as proposed and the amount
of money needed to fund those projects.
148
ALLEN CITY COUNCIL
AMY 15, 1986
Page 5
Review and Consider Items Related
to the Capital Improvement Program
Bond Sale (cont'd) (Agenda Item V)
City Manager McCarty suggested to the Council that a work-
shop session be scheduled in order to further discuss this
proposal and in order for the city staff to provide the Council
with more detailed information on the proposed capital improvement
projects.
The Council discussed the need for a workshop session and
what additional information needed to be provided for them to
get a clearer picture of the need to sell bonds at this time.
The Council requested that city staff also provide information
on the risks of selling the bonds prior to September 1st, what
the risks are if they are not sold by September 1st, the pluses
and minuses of the projects as presented, the exact timing of
the projects and when bond monies need to be in hand for those
projects, and to also provide the worst case scenairo and a
best case scenario regarding H.R. 3838 and its effect on the
city's municipal bonds.
MOTION: Upon a motion made by Councilman Pennington and
seconded by Councilman Wilson, the Council voted
6 - 0 to set a workshop session to discuss matters
pertaining to the capital improvement program bond
sale. The motion carried.
There was lengthy discussion on an appropriate date and
time for the workshop session and how long it would take the
city staff to prepare the information requested.
�s It was the consensus of the Council that the meeting be
(`r+. held on Friday, May 30, 1986, from 6:30 p.m. to 8:30 p.m.
City Manager McCarty requested that the Council consider
at this time taking action on authorization to city staff to
proceed with the audit for the sale of the water and sewer
revenue bonds.
MOTION: Upon a motion made by Councilman Pendleton and seconded
by Councilman Womack, the Council voted 6 - 0 to
authorize the city staff to proceed with the audit of
the water and sewer revenue fund. The motion carried.
Mayor Rodenbaugh recessed the regular session of the Allen
City Council at 9:40 p.m. The meeting reconvened at 9:48 p.m.
Approval of a Facilities
Agreement Between the City of
Allen and Bethany 409 Venture
Concerning Construction of
Roads and Parking at Ford Park (Agenda Item VI)
Mark Thornton, Director of Parks and Recreation, spoke
briefly before the Council on the proposed facilities agreement
between the City of Allen and Bethany 409 Venture for the
construction of roads and parking lot area at Ford Park.
Mr. Thornton advised that as of this time, representatives
of Bethany 409 Venture had not had a chance to fully review
the facilities agreement but they were in agreement with
the concept. Mr. Thornton stated that there might be some
minor word changes in the agreement and if there were any
major changes, the agreement would be brought back before the
Council.
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ALLEN CITY COUNCIL
MAY 15, 1986
Page 6
Approval of a Facilities
Agreement Between the City of
Allen and Bethany 409 Venture
Concerning Construction of
Roads and Parking at Ford Park (cont'd) (Agenda Item VI)
City Manager Jon McCarty advised the Council that city
The Council briefly discussed the wording used in agreements
and contracts which states, "substantially in accordance with
state law" and why the wording is stated in this matter.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Womack, the Council voted 6 - 0 to
authorize the city staff to work with Bethany 409
Venture in finalizing the facilities agreement and
proceeding with the execution of the agreement. The
motion carried.
Authorization for Execution
of a Contract for Architectural
Services Related to the 1985
Capital Improvement Program (Agenda Item VII)
City Manager Jon McCarty advised the Council that city
staff had met again today with the city's architectural firm
to finalize the contract document. The city's architectural
firm is William Hidell Architects, Inc. Mr. McCarty advised
that there has been some further changes to the contract as
presented to the Council. Mr. McCarty distributed those
changes that had been made and advised that the words underlined
had been added and the words crossed out had been deleted in
the contract. Mr. McCarty reviewed those changes with the Council.
The Council discussed with city staff if the wording
that had been deleted meant thatthe architects were now trying
to change the scope of their services from what was originally
discussed. Mr. McCarty advised that that was not the case.
The Council discussed Section 1.1 under Schematic Design
Phase which referred to the position of Construction Manager
and why it had been included in the contract when the city
had not approved of that position as of this time and also
if that position was not approved would it effect the work
to be done by the architects.
City Manager Jon McCarty advised the Council that the
city staff was presently working on a recommendation for the
Construction Manager position and would be bringing it forth
at the next City Council meeting. He also advised that the
contract hadbeen written in such a manner that if the position
is not approved, the work of the architect is not effected.
City Manager McCarty spoke before the Council on the
compensation to be made to the architects in the amount of
$327,000.
MOTION: Upon a motion made by Councilman Pendleton and
seconded by Councilman Pennington, the Council
voted 6 - 0 to authorize the execution of the
architectural services contract with William
Hidell Architects, Inc., as revised. The motion
carried.
staff would like
some flexibility in
this situation and
that approval of
the agreement be to
authorize city staff
to work out the
agreement with minor
word changes, but that
the word changes
would not be such that
it would change the
direction or intent
of the agreement.
The Council briefly discussed the wording used in agreements
and contracts which states, "substantially in accordance with
state law" and why the wording is stated in this matter.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Womack, the Council voted 6 - 0 to
authorize the city staff to work with Bethany 409
Venture in finalizing the facilities agreement and
proceeding with the execution of the agreement. The
motion carried.
Authorization for Execution
of a Contract for Architectural
Services Related to the 1985
Capital Improvement Program (Agenda Item VII)
City Manager Jon McCarty advised the Council that city
staff had met again today with the city's architectural firm
to finalize the contract document. The city's architectural
firm is William Hidell Architects, Inc. Mr. McCarty advised
that there has been some further changes to the contract as
presented to the Council. Mr. McCarty distributed those
changes that had been made and advised that the words underlined
had been added and the words crossed out had been deleted in
the contract. Mr. McCarty reviewed those changes with the Council.
The Council discussed with city staff if the wording
that had been deleted meant thatthe architects were now trying
to change the scope of their services from what was originally
discussed. Mr. McCarty advised that that was not the case.
The Council discussed Section 1.1 under Schematic Design
Phase which referred to the position of Construction Manager
and why it had been included in the contract when the city
had not approved of that position as of this time and also
if that position was not approved would it effect the work
to be done by the architects.
City Manager Jon McCarty advised the Council that the
city staff was presently working on a recommendation for the
Construction Manager position and would be bringing it forth
at the next City Council meeting. He also advised that the
contract hadbeen written in such a manner that if the position
is not approved, the work of the architect is not effected.
City Manager McCarty spoke before the Council on the
compensation to be made to the architects in the amount of
$327,000.
MOTION: Upon a motion made by Councilman Pendleton and
seconded by Councilman Pennington, the Council
voted 6 - 0 to authorize the execution of the
architectural services contract with William
Hidell Architects, Inc., as revised. The motion
carried.
ALLEN CITY COUNCIL
MAY 15, 1986
Page 7
Consider a Request by the City of
Plano Regarding the Renaming of
Hedgcoxe Road to Carpenter Road (Agenda Item VIII)
Mayor Rodenbaugh advised the Council that Mayor Jack Harvard,
with the City of Plano, had written a letter to the Council
requesting that the City of Allen give consideration of renaming
Hedgcoxe Road to Carpenter Road. This street name change request
has been brought about due to a request from EDS to the City of
Plano to change the name of Carpenter Road in Plano to Legacy
Drive. The City of Plano was willing to do this, however, they
also wanted to maintain the Carpenter name on a major city street.
Therefore since Hedgcoxe Road from Custer to Independence is in
Plano, as well as the southern portion of Hedgcoxe Road from
Custer Road to Alma, the City of Plano is requesting that the
City of Allen give consideration of changing the name to Carpenter
Road so that the street name will be consistent throughout.
There was considerable discussion on this name change since
the Hedgcoxe Family resides in Allen at the present time, why
Allen should change the name of a street to accommodate the
dilemma that Plano faces in trying to find a major thoroughfare in
their city to rename to Carpenter, the fact that this situation
will place a burden on the City of Allen, how the Hedgcoxe Family
will feel if the name change is made and if it can be justified
to them, if there is another street or area that can be named
for the Hedgcoxe Family in Allen, if the Hedgcoxe Family has
been contacted regarding this matter, and if Mayor Rodenbaugh
has been in contact with Mayor Harvard regarding this matter.
City Manager McCarty advised the Council that there were
two items to consider in this situation. One item was the
fact that the Hedgcoxe Family did reside in Allen at this time,
and, second, how would this name change effect the traveling
public.
Mayor Rodenbaugh advised that he had not contacted the
Hedgcoxe Family as of this time. He stated that he had discussed
the name change with Mayor Harvard and Mayor Harvard stated that
Plano had looked at every alternative and the only one appeared
to be Hedgcoxe Road.
The Council continued their discussion on this situation
and expressed their concerns for changing the name of this street
and if Plano's Council could be advised of their concerns in this
matter.
MOTION: A motion was made by Councilman Womack and seconded
by Councilman Pennington to table this item.
The Council discussed the tabling of this item and the need
to go forth with some type of recommendation.
MOTION: A motion was made by Councilman Wilson and seconded by
Councilman Wolfe to amend the main motion to authorize
the Mayor to enter into further discussions with the
Mayor of Plano to see if there is any .resolution to the
problem of renaming Hedgcoxe Road to Carpenter Road.
The Council voted 6 - 0 in favor of .the motion. The
4401, motion carried.
VOTE ON
MAIN MOTION: The Council voted 6 - 0 to table this item.
The motion carried.
1 SI
ALLEN CITY COUNCIL
MAY 15, 1986
Page 8
Designate a Member of Council to be
the Voting Representative to the
North Central Texas Council of
Governments (Agenda Item IX)
Mayor Rodenbaugh advised the Council that for the passed
several years he had been appointed as the voting representative
to the North Central Council of Governments (NCTCOG). Mayor
Rodenbaugh advised that he had become involved in several other
associations and had several monthly commitments and he preferred
that another member of the Council be appointed as the voting
representative to NCTCOG.
The Council briefly discussed who would be interested in
being the voting representative for 1986 - 87.
MOTION: Upon a motion made by Councilman Pennington and
seconded by Councilman Wilson, the Council voted
6 - 0 to appoint Councilman Jim Pendleton as the
voting representative to the North Central Texas
Council of Governments for 1986 - 87. The motion
carried.
Ordinance No. 702-5-86: An
Ordinance of the City of Allen,
Collin County, Texas, Repealing
Ordinance No. 485-1-84, and
Changing the Name of Texet Drive,
Particularly That Portion Located
From Its Intersection With State
Highway 5 to Its Intersection
With the Frontage Road at U.S.
Highway 75, in the Texet Addition
to the City of Allen, Texas, to
Ridgemont Drive; Amending All
Ordinances or Portions of Ordinances
in Conflict Herewith; and Providing
for an Effective Date.
(Agenda Item X)
Bill Petty, Director of Community Development, spoke
before the Council on the recommendation of the Planning and
Zoning Commission to the Council to consider changing the
name of Texet Drive back to an extension of Ridgemont Drive.
That portion of Ridgemont Drive had been changed at the
request of the owners of Texet Corporation, which has since
gone bankrupt.
The Council briefly discussed the changing of street
names.
MOTION: Upon a motion made by Councilman Pendleton and
seconded by Councilman Wolfe, the Council voted
five (5) for and one (1) opposed, with Councilman
Womack casting the negative vote, to approve the
recommendation of the Planning and Zoning Commisson
to change Texet Drive back to Ridgemont Drive; and
to adopt Ordinance No. 702-5-86 as captioned above.
The motion carried.
Boards and Commission Appointments (Agenda Item XI -A)
Marty Hendrix, City Secretary, advised the Council that
this item was just a matter of information as to what places
on the Planning and Zoning Commission and the Library Board
were going to expire at the end of June, that the reception
to meet potential candidates was going to be held on Thursday,
June 5, 1986, and that a format had been developed for that
reception. Ms. Hendrix also advised that the Council needed
to select an interview committee and decide on dates that the
interviews will be conducted.
IM
ALLEN CITY COUNCIL
MAY 15, 1986
Page 9
Boards and Commission Appointments (cont'd) (Agenda Item XI -A)
The Council discussed who was willing to serve as the
interview committee. It was concluded that Councilman Jack
Pennington and Councilman Jerry Wilson would serve as the
interview committee. The Council Members advised that they
would work on the dates to conduct the interviews.
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 XI -B)
City Manager Jon McCarty advised the Council of the
special reception being held for outgoing AISD Superintendent
Dr. John Horn to be held on Sunday, May 18th, and asked the
Council Members if they planned to attend the reception.
Mayor Rodenbaugh also advised of the presentation to be made
to Dr. Horn on behalf of the city and encouraged Council
Members to attend.
City Manager Jon McCarty distributed to the Council
Members copies of a public notice from the Public Utility
Commission on the rates being considered in the request
from Rockwall for Extended Area Service. The Council reviewed
the rates being presented and how similar they might be to
those developed for Allen.
City Secretary Marty Hendrix advised the Council that
Mayor Pro Tem Joe Farmer had been elected as President of
the Collin County Public Officials Association and that the
next meeting of the Association would be held on Thursday,
May 22, 1986, at the Harvey House in Plano. Ms. Hendrix
asked the Council Members who would be interested in attending.
Adjournment
MOTION: Upon a motion made by Councilman Pendleton and
seconded by Councilman Wilson, the Council voted
6 - 0 to adjourn the regular session of the Allen
City Council at 10:51 p.m. on Thursday, May 15, 1986.
The motion carried.
These minutes approved on the 5th day of June
1986.
Marty Hendrix, CITY SECRETARY
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