Min - City Council - 1986 - 08/21 - RegularALLEN CITY COUNCIL
REGULAR SESSION
AUGUST 21, 1986
Present•
Joe Farmer, Mayor Pro Tem
Council Members:
Jerry Wilson
Rex Womack
Jim Wolfe
Jim Pendleton
Jack Pennington
Absent•
Donald P. Rodenbaugh, Mayor
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was
called to order by Mayor Pro Tem Farmer at 7:39 p.m. on
Thursday, August 21, 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 Pendleton, 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 July 29, 1986 -
Called Special Workshop Session with the Planning
and Zoning Commission
B. Approval of City Council Minutes of August 7, 1986 -
Regular Session
C. Approval of City Council Minutes of August 8, 9,
and 10, 1986 - FY 1986 - 87 Budget Retreat
D. Authorization to city staff to pay bills associated
with the 1979 Capital Improvement Program as
follows:
1. Hannah Construction Company $ 19,796.00
Construction of Ford Park
Swimming Pool and Ball Fields
Application No. 10 -
Period 6-20-86 thru 7-20-86
2. Black & Veatch Engineers $ 1,898.07
Engineering Services in
Connection with Engineering
Assistance for Allen Municipal
Complex Development to Evaluate
Proposed Private Development
Adjacent to Municipal Complex.
3. Stripe -Rite $ 539.60
Layout, Re -striping, and
Wheel Stops for Parking Lot
Areas at Allen Municipal Annex
and Central Fire Station
237
ALLEN CITY COUNCIL
AUGUST 21, 1986 Page 2
CONSENT AGENDA (cont'd) (Agenda Item II)
E. Authorization to city staff to pay bills
associated
with the 1985 Capital Improvement
Program as follows:
1.
William H. Hidell Architects $
4,210.40
Architectural Services on
Design of Police and Courts
Building - July 1986
2.
The SWA Group $
1,070.15
Construction of the Street -
scope for the Main Street
Project - Phase I - Pro-
fessional Services
Period: 6/1 - 6/30/86
3.
The SWA Group $
327.33
Construction of the Street-
scape for the Main Street
Project - Phase I - Reimbursable
Expenses - Period: 6/1 - 6/30/86
4.
Gohmann Asphalt $
3,313.74
1986 Asphalt Street Overlay
Program by City - Hot Asphalt
Mix
5.
Graham Associates, Inc. $
3,347.50
Engineering Services Related
to Right -of -Way Map for
McDermott Drive
Services thru: 7-22-86
6.
Graham Associates, Inc. $
29,210.00
Engineering Services Connected
with Jupiter Road Relating to
Design
Services thru: 7-22-86
7.
Southwestern Laboratories, Inc. $
311.60
Construction of Main Street -
Phase I - Tests and Trip
Charges
Period: 7/14 - 15, 1986
8.
Honey Construction Company $
3,375.00
Construction of Ford Park
Swimming Pool - Parking
Lot
9.
Texas Power & Light Company $
16,724.00
Construction of Ford Park
Swimming Pool - Cost for
Underground Utilities to
Ford Park
10.
Schrickel, Rollins & Associates $
31,000.00
Construction of Ford Park -
Phase II - Services Rendered
for Completion of Design
Development of this Project
11.
Boney Construction Company $
101,383.23
Construction of Ford Park
Swimming Pool - Paving of
Parking Lot and Roadways
12.
M. E. Hicks Utility Contractors $
18,148.69
Construction of Ford Park
Swimming Pool - Storm Sewer
Drainage - Estimate No. 1
238
ALLEN CITY COUNCIL
AUGUST 21, 1986
CONSENT AGENDA
Page 3
(Agenda Item II)
ME
13. Don A. Tipton, Inc. $ 35,259.98
Construction of Ford
Park Swimming Pool -
Construction Staking
and Surveying for
Parking Lot and Roadways
Period: Thru August 8, 1986
14. Schneider, Bernet & Hickman $ 23,700.00
Financial Advisory Fee for
$7,000,000 General Obligation
Bonds, Series 1986
15. Schneider, Bernet & Hickman $ 25,259.72
Financial Advisory Fee for
$2,030,000 Water and Sewer
System Revenue Bonds, including
Reimbursable Expenses for
New York Bond Rating Trip by
City Council
16. Peat Marwick Mitchell & Co. $ 17,000.00
Final Billing for Professional
Services Rendered in Con-
nection with Examination of
Financial Statements of Water
and Sewer Enterprise Fund
for Year Ended June 30, 1986;
and Progress billing for Pro-
fessional Services Rendered
in Connection with Examination
v
of Financial Statements for
Year Ending September 30, 1986
17. Moody's Investors Services $ 4,000.00
Professional Services in
Connection with Bond Rating
for $7,000,000 General
Obligation Bonds
18. Moody's Investors Services $ 2,700.00
Professional Services in
Connection with Bond Rating
for $2,030,000 Water and
Sewer Revenue Bonds
F. Schedule of Taxes Receivable as of July 21, 1986
G. Set September 18, 1986 as the Public Hearing Date
on a Request by R. K. Davison Com., Inc., for
Permanent Zoning on 5.5 Acres of Land for "R-5"
(Residential) Located East of State Highway 5 and
South of Stacy Road.
S
H. Set September 18, 1986 as the Public Hearing Date
(fir
on a Request from Landmark Properties to Amend
Planned Development No. 13 Providing for a
Variation of Lot Sizes in Tract Four Located
North of Chaparral and East of Jupiter Road.
The motion carried.
End of Consent Agenda
ME
ALLEN CITY COUNCIL
AUGUST 21, 1986 Page 4
TABLED ITEM: Consideration of a Request
by Dabney Bowen Joint venture for Perman-
ent Zoning of Residential Shopping Center,
and Community Facilities, on 376.462 Acres
of Land Located South of Stacy Road, North
of Exchange Parkway and Adjacent to the
Proposed Extension of Allen Heights Drive
and Consider an Ordinance Establishing
Permanent Zoning and a Resolution Adopting
Certain Deed Restrictions. (Agenda Item III -A)
Mayor Pro Tem Farmer called for a motion to remove this
agenda item from the table for consideration. There being
no motion to remove this item from the table at this time
by the City Council, Mayor Pro Tem Farmer announced that
this agenda item would not be considered at this time.
Due to several questions from the audience, Mayor Pro
Tem Farmer explained that the City Council and the Planning
and Zoning Commission were working on procedures for dealing
with large tract zoning issues and that those procedures had
not been finalized as of this meeting. He explained that
the requestors had been notified of that fact and that they
had requested that this item not be brought off of the table
until the procedures had been completed.
There was further discussion with members of the audience
on speaking before the Council on this tabled item at the future
meeting when it will be taken from the: table for action even
though the public hearing has been held. Mayor Pro Tem Farmer
explained that it will be the prerogative of the Mayor to
recognize individuals to speak at that time.
There was no action taken on this item.
TABLED ITEM: Consideration of a Request
by Denny Holman of Folsom Investments and
David Whisenant for Permanent.•Zoning on
423.38 Acres to "FP -PD" (Flood Plain -
Planned Development) Including Shopping
Center, Office, Multi -Family and Residential
Located South of State Highway 121 and
West of U.S. 75 and Consider an Ordinance
Establishing Permanent Zoning. (Agenda Item III -B)
Mayor Pro Tem Farmer called for a motion to remove this
agenda item from the table for consideration. There being
no motion to remove this item from the table at this time
by the City Council, Mayor Pro Tem Farmer announced that
this agenda item would not be considered at this time.
There was no action taken on this item.
Consider a Request from Moore
Industrial Disposal Inc., for
a Rate Increase in Residential
and Commercial Collection and
Disposal (Agenda Item IV)
City Manager Jon McCarty advised the Council that a
representative of Moore Industrial Disposal was present
to speak to the Council regarding this request.
M) 0
ALLEN CITY COUNCIL
AUGUST 21, 1986
Page 5
Consider a Request from Moore
Industrial Disposal Inc. for a
Rate Increase in Residential
and Commercial Collection and
Disposal (cont'd)
(Agenda Item IV)
Mayor Pro Tem Farmer explained to the City Council the
options available to them regarding this item. Those options
were to approve the request as presented and set an effective
date, or authorize the city staff to negotiate with the company,
or to deny the request altogether and give notice to the company
that the city no longer recognizes the contract. The denial
and notification have to be given to Moore Industrial by
September 1st.
Don Hamon, Director of Municipal Services with Moore
Industrial Disposal, Inc., spoke before the Council on their
request for a rate increase in residential and commercial
collection and disposal.
Mr. Hamon reviewed the operational costs as of July, 1986
for Moore Industrial, reviewed the analysis of the landfill
increases between 1985 and 1986, and advised of rates in
other customer cities and of cities where new rates are pending.
Mr. Hamon also spoke before the Council on the proposed new
contract and some of the differences between their proposed
contract and the one presently existing between Moore and
the city.
Mayor Pro Tem Farmer pointed out to the Council that if
the request is approved as presented there would be an increase
in the rates, a new contract entered into, and changes would
have to be incorporated into the city's solid waste ordinance.
There was discussion by the Council on the city staff's
research on this item and if there had been enough time to
do adequate research, the portion of the new contract which
stipulates that the private haulers allowed by the city's
ordinance would be eliminated and that Moore Industrial
would have exclusive pick-up in the city, and the portion of
the contract that states the amount of votes needed by the
Council to revoke the contract.
In further discussion, city staff advised the Council
that the contract had just been reviewed to determine the
differences in the present contract with the proposed con-
tract and there had been no conversations with Moore as
to the reasoning behind some of the proposed requirements
in the contract.
Mr. Hamon explained to the Council that this proposed
contract was just a standard contract of Moore Industrial
and it would be open to negotiations.
Mr. McCarty advised the Council that the preliminary
recommendation of the city staff would be that the Council
s:. delay a decision on going out to rebid this contract;. and
(�+ authorize the city staff to negotiate the contract and rates with
Moore Industrial; and that the Council appoint a subcommittee
of its members to meet with city staff and discuss the
various aspects of these negotiations. City Manager McCarty
also advised the Council that city staff is also requesting
that the Council recognize the fact that a special called
meeting will have to be held before September lst on this
item.
24(
ALLEN CITY COUNCIL
AUGUST 21, 1986
Page 6
Consider a Request from Moore
Industrial Disposal Inc. for
a Rate Increase in Residential
and Commercial Collection and
Disposal (cont'd) (Agenda Item IV)
Mayor Pro Tem Farmer discussed with Don Eamon if his
company was willing to negotiate the contract and other
items with city staff. Mr. Ramon indicated that they were
willing to do that.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Womack, the Council voted 6 - 0 in
favor of the city staff's recommendation as follows:
1. To delay a decision on going out to rebid
this contract.
2. To authorize the city staff to negotiate
the contract, rates and changing portions
of the city's solid waste ordinance with
Moore Industrial Disposal, Inc.
3. To appoint a Council subcommittee to work
with city staff on these negotiations.
4. To recognize that a special meeting will
have to be called prior to September 1st.
The motion carried.
There was further discussion by the City Council on
the members to serve on the subcommittee. Councilman
Jim Wolfe and Councilman Jim Pendleton volunteered to
serve on this committee. The Council also discussed the
need for the special called meeting and an appropriate
date to hold the meeting. It was concluded that Thursday,
August 28, 1986, would be the appropriate date to discuss
this item, and the City Council directed the city staff
to add this item to the agenda of a meeting that had already
been scheduled on that date.
Consider Policy Direction and
Amendments to the Comprehensive
Plan Regarding Large Tract Zoning
Requirements (Agenda Item V)
City Manager Jon McCarty spoke before the Council on
recommendation of the city staff and the Planning and Zoning
Commission regarding the procedure that would attempt to
allow flexibility and provide a mechanism for ultimate
control at the time of development on large tract zoning
cases. This procedure would also allow developers, city.
staff, the Planning and Zoning Commission and the City
Council to work with the dwelling unit allocation numbers
provided in the city's Comprehensive Plan.
Mr. McCarty explained to the Council that page 1 of the
procedure would be submitted with each zoning request, and
pages 2, 3 and 4 of the recommendation would actually be
amendments to the city's Comprehensive Plan. Those pages
contained site plan evaluators for medium and low
density residential, multi -family .and commercial/office.
There was considerable discussion by the City .Council,
on the submission of a site plan as part of the procedure
and how it would differ from a preliminary plat and at
what point would it be submitted to the Council, the need
to apply the policy of no more than 200 units to all zoning
districts, not just to multi -family, and the need to be
much more specific as to what the exact zoning is so that
adjacent properties will know what the property is zoned.
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ALLEN CITY COUNCIL
AUGUST 21, 1986
Page 7
MOTION: Upon a motion made by Councilman Pennington and
seconded by Councilman Pendleton, the Council
voted 6 - 0 to direct city staff to proceed with
the development of a zoning prototype, using the
proposed procedures developed by city staff, and
also using the elements proposed in the Council's
discussion, with city staff to proceed in a
timely manner with projected date of September 4th
Council meeting for presentation. The motion
carried.
Authorization for Drainage
Repair Work at the Intersection
of Hillside Lane and the Alley
Behind Hillside Park (Agenda Item VI)
City Manager Jon McCarty spoke briefly before the Council
on the drainage problem which exists at the southeast corner
of Hillside Park where runoff from the park is collected.
The storm sewer capacity in that area has been decreased due
to major obstructions clogging the line. The reduced capacity
of the line causes runoff to backup and flow across the alley,
CW then down along Hillside Lane causing erosion which fills the
downstream catch basin. A residence in that area has also
experienced flooding when this occurs.
MOTION: Upon a motion made by Councilman Wilson and seconded
by Councilman Pennington, the Council voted 5 - 0
(with Councilman Pendleton being out of the room)
to authorize the city staff to proceed with the
drainage repair work at the intersection of Hillside
Lane and the alley behind Hillside Park, in accordance
with the city staff's recommendation. The motion carried.
243
Consider Policy Direction and
Amendments to the Comprehensive
Plan Regarding Large Tract Zoning
Requirements (cont'd) (Agenda Item V)
There was further discussion on the issue of the need
to know the exact zoning on the property, how many units
were allowed on the property and where those units would
be located on the property.
The Council also discussed the need for flexibility
and the need to eliminate zoning cases coming back before
the Council when the number of units approved originally
on the site will not fit due to engineering requirements,
typography, etc.
There was further discussion by the Council on when
zoning action by the Council is completed, i.e., at what
stage, ordinance approval, when development begins, etc.
Mayor Pro Tem Farmer recessed the regular session of
the Allen City Council at 9:00 p.m. The meeting reconvened
at 9:12 p.m.
Mayor Pro Tem Farmer recommended to the City Council
that city staff develop a prototype zoning case and use
the procedures proposed by the city staff so that the
Council could actually see how it will work and be applied.
The Council discussed this recommendation with the city
staff as to the timing element and when this work could
be completed, not using any existing zoning requests pre-
sently before the Council, using real land in the city
that is presently located adjacent to zoned property on
one side and vacant land on another, and not considering
any more zoning issues until this matter is resolved.
MOTION: Upon a motion made by Councilman Pennington and
seconded by Councilman Pendleton, the Council
voted 6 - 0 to direct city staff to proceed with
the development of a zoning prototype, using the
proposed procedures developed by city staff, and
also using the elements proposed in the Council's
discussion, with city staff to proceed in a
timely manner with projected date of September 4th
Council meeting for presentation. The motion
carried.
Authorization for Drainage
Repair Work at the Intersection
of Hillside Lane and the Alley
Behind Hillside Park (Agenda Item VI)
City Manager Jon McCarty spoke briefly before the Council
on the drainage problem which exists at the southeast corner
of Hillside Park where runoff from the park is collected.
The storm sewer capacity in that area has been decreased due
to major obstructions clogging the line. The reduced capacity
of the line causes runoff to backup and flow across the alley,
CW then down along Hillside Lane causing erosion which fills the
downstream catch basin. A residence in that area has also
experienced flooding when this occurs.
MOTION: Upon a motion made by Councilman Wilson and seconded
by Councilman Pennington, the Council voted 5 - 0
(with Councilman Pendleton being out of the room)
to authorize the city staff to proceed with the
drainage repair work at the intersection of Hillside
Lane and the alley behind Hillside Park, in accordance
with the city staff's recommendation. The motion carried.
243
ALLEN CITY COUNCIL
AUGUST 21, 1986 Page 8
Consider Staff Recommendation
Concerning Park Board Replacement (Agenda Item VII -A)
Mark Thornton, Director of Parks and Recreation, spoke
before the Council on the recent action by the Council in
declaring Place No. 1 on the Parks and Recreation Board
vacant and the need to appoint a replacement to that
position. Mr. Thornton advised that since this position
has an expiring term of office at the end of September,
it is the city staff's recommendation that this position
be filled when other appointments are made during the
month of September.
Mr. Thornton also advised the Council that the Chairman
of the city's Parks and Recreation Board, Don Proeschel,
has been appointed to the Collin County Open Space Committee.
Mr. Thornton also provided an update to the Council on
the status of the Greenbelt/Linear Park Study and that a
recommendation would soon be forthcoming to the Council.
At this time, City Secretary Marty Hendrix advised
the Council that they would be considering appointments
to Places No. 1, 3, 5, 6 and 7 on the Parks and Recreation
Board and Places No. 2, 4 and Alternates No. 1 and 2 on
the Board of Adjustment/Sign Control Board during the
month of September. Ms. Hendrix reminded the Council
that the boards/commission reception would be held prior
to the Council meeting on September 4th, and that the
Council needed to appoint their interview committee
prior to that evening.
The Council discussed the appointments and Mayor Pro
Tem Farmer and Councilman Pennington volunteered to be
the interview committee for the upcoming appointments.
This item was received as a matter of information.
There was no action taken on this item.
Budget Public Hearing
Schedule
(Agenda Item VII -B)
aW
City Manager Jon McCarty reminded the City Council of
their upcoming public hearing on the city's FY 1986 - 87
Budget to be held at 7:00 p.m. on Thursday, August 38, 1986.
Mr. McCarty also advised that due to the calculation of
the effective tax rate for FY 1986 - 87, there would not be
a need for the city to meet the public hearing requirements
for the increase in the tax rate as it would not be 38 or
more.
The Council briefly discussed the public hearing on the
budget and the workshop to follow in order to address some
issues raised at the budget retreat. They also discussed
the requirements that needed to be met if a public hearing
were required,on the tax rate.
CW
This item was received as a matter of information.
There was no action taken on this item.
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ALLEN CITY COUNCIL
AUGUST 21, 1986
Page 9
e Farmer, MAYOR PRO TEM
.mo�i c V `& """'Y
Marty Hendrix, SMC, CITY SECRETAR
aql;-
Meeting with Member of the
State Highway and Public
Transportation Commission (Agenda Item VII -C)
City Manager Jon McCarty advised the Council of an upcoming
reception for Robert M. Bass, member of the State Highway and
Public Transportation Commission, to be held on September 11th
and Mr. McCarty encouraged members of the Council to attend.
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 VII -D)
Tom Keener, Development Coordinator, introduced to the
City Council, Joseph Del Ferro, the city's new Health and
Environmental Inspector.
Councilman Womack expressed his appreciation to the
Council and the city staff for the work and discussions
on the large tract zoning procedures and issues.
Adjournment
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Wilson, the Council voted 6 - 0 to
adjourn the regular session of the Allen City Council
at 9:35 p.m. on Thursday, August 21, 1986. The
motion carried.
These minutes approved on the 9th day of September
1986.
e Farmer, MAYOR PRO TEM
.mo�i c V `& """'Y
Marty Hendrix, SMC, CITY SECRETAR
aql;-