Min - City Council - 1986 - 10/16 - RegularALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 16, 1986
Present:
Donald P. Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jerry Wilson
Rex Womack
Jim Wolfe
Jim Pendleton
Jack Pennington
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, October 16,
1986, in the Council Chambers of the Allen Municipal Annex, One
Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item II)
At the request of Councilman Pennington, Consent Agenda
Item H was removed from the Consent Agenda for individual
consideration.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Wilson, the Council voted 7 - 0 to
approve and adopt all remaining items on the Consent
Agenda as recommended and as follows:
A. Approval of City Council Minutes of October 2,
1986 Regular Session.
B. Authorizati an to city staff to pay bills associated
with the 1985 Capital Improvement Program as follows:
1. Price "Barracade" and Signal $ 64.59
Street Signs for Main Street
Project - Phase I
2. Gohmann Asphalt $ 9,373.94
1986 Asphalt Overlay Program
Allenwood and Watson -
Hot Asphalt Mix
3. Gohmann Asphalt $ 4,046.24
1986 Asphalt Overlay Program
Allenwood -
Hot Asphalt Mix
4. Graham Associates, Inc. $25,537.50
Engineering Services Connected
with Jupiter Road Relating
to Design
Period: Thru 9-23-86
2M
ALLEN CITY COUNCIL
OCTOBER 16, 1986
CONSENT AGENDA (cont'd) (Agenda Item II)
5. Graham Associates, Inc. $ 4,929.09
Engineering Services
Related to Right -of -Way
Map for McDermott Drive
and Utility Maps and
Cost Data for McDermott
Drive
Period: Thru 9-23-86
6. Goodbrand Construction, Inc. $85,735.52
Construction of Stacy
Road Pump Station and
Ground Water Storage
Tank (Second Delivery Point)
Period: 8/25/86 thru
9/25/86
Estimate No. 1 (revised)
7. William H. Hidell Architects $ 2,770.80
Architectural Services
in Connection with Design
for Police and Courts
Building -
Period: During Sept. 1986
8. Black & Veatch Engineering $ 435.08
Engineering Services in
Connection with Engineering
Assistance for Allen
Municipal Complex Develop-
ment to Evaluate Proposed
Private Development Adjacent
to Municipal Complex
Period: Thru Sept. 1986
9. C & W Utility Const. Company $119,141.87
Construction of Water
Distribution Pipeline
Project -
Period: 8/4/86 - 9/25/86
Estimate No. 1
10. MBank - Dallas $ 871.25
Acceptance Fee and
Bond Certificates
Issued for Series 1986
Water & Sewer Revenue
Bonds
11. MBank - Dallas $ 1,136.25
Acceptance Fee and
Bond Certificates
Issued for Series 1986
General Obligation Bonds
12. Fulbright & Jaworski $ 11,243.13
Legal Services with
Respect to $2,030,000
Series 1986 - Water
and Sewer Revenue Bonds
and $7,200,000 - Series 1986
General Obligation Bonds
Page 2
C. Schedule of Taxes Receivable as of September 30, 1986.
'ag'l
ALLEN CITY COUNCIL
OCTOBER 16, 1986
Page 3
Public Hearing: Request to Rezone 97.4
Acres of Land from
Planned Development
No. 29 and Permanently
Zone 10 Acres to Planned
Development, Including
Land Uses of Shopping
Center, Local Retail,
Multi -Family, Patio
Homes and Single
Family Residential
Location: Northwest Corner of the
Intersection of F.M. 2170
and F.M. 2551
Requestor: Majestic Savings (Agenda Item III)
and
Pqq
CONSENT AGENDA (cont'd) (Agenda Item II)
D. Ordinance No. 755-10-86: An Ordinance of the
City of Allen, Texas, Amending Section 3 of
Ordinance No. 353, and the City of Allen Code
of Ordinances, Chapter 9, "Motor Vehicles
and Traffic", Article XII, "Abandoned Vehicles"
Section 9-321, "Definitions"; Defining "Junked
v
Motor Vehicle" Pursuant to the Provisions of
Section 5.01(5), Article 447-9a, V.T.C.S.;
and Providing for an Effective Date.
E. Approval of Specifications and Authorization
to City Staff to Seek Bids for Five (5)
Replacement Vehicles for the Allen Police
Department.
F. Set November 6, 1986 as the Public Hearing
Date on a Request for Permanent Zoning of
"R-5" Residential on 34.2 Acres of Land
Located East of State Highway 5 and South
of Stacy Road as Requested by Morris Homes,
Inc., and Wilmor Properties.
G. Approval of Job Description for the Municipal
Court Judge and Alternate Judge.
The motion carried.
End of Consent Agenda
Consider an Ordinance Adopting
Zoning of "SC" Shopping Center,
"MF" Multi -Family, R-4" Single
Family Residential, and "CF"
Community Facilities on 135.871
Acres of Land Located at the
Southeast Corner of Stacy Road
and State Highway 5 as Requested (Consent Agenda
by Hunt Properties. Item II -H)
Councilman Pennington advised the Council that he had
requested that this agenda item be removed from the Consent
Agenda in order that the Council may discuss it in Executive
Session which will be held later in the evening.
This agenda item was passed over at this time.
Public Hearing: Request to Rezone 97.4
Acres of Land from
Planned Development
No. 29 and Permanently
Zone 10 Acres to Planned
Development, Including
Land Uses of Shopping
Center, Local Retail,
Multi -Family, Patio
Homes and Single
Family Residential
Location: Northwest Corner of the
Intersection of F.M. 2170
and F.M. 2551
Requestor: Majestic Savings (Agenda Item III)
and
Pqq
ALLEN CITY COUNCIL
OCTOBER 16, 1986
Page 4
Mayor Rodenbaugh read the request into the record as
follows:
"Public Hearing to Consider a Request to Rezone 97
Acres of Land from Planned Development No. 29 and
Permanently Zone 10 Acres to Planned Development
Including Land Uses of Shopping Center, Local
Retail, Multi -Family, Patio Homes and Single
Family Residential as Requested by Majestic
Savings on Property Located at the Northwest
Corner of the Intersection of F.M. 2170 and
Rock Ridge Road (F.M. 2551) and Consider an
Ordinance Establishing Permanent Zoning of
Planned Development."
Craig Curry, with Nelson Engineering Corporation and
representing Majestic Savings, presented to and spoke before
the Council on this request for zoning change and permanent
zoning.
Mr. Curry reviewed the location of the property and
advised of the adjacent property owners and the zoning on
the adjacent properties.
Using a zoning district map, Mr. Curry reviewed the
zoning that was being requested by Majestic Savings and
then provided a slide presentation showing various sites
on the property and sites of adjacent properties.
Mr. Curry then reviewed each zoning district and
advised of the requested densities on the single family
residential, multi -family and patio homes.
,2G9
Public Hearing: Request to Rezone 97.4
Acres from PD No. 29
and Permanently Zone
Approx. 10 Acres to
Planned Development
Requester: Majestic Savings (cont'd) (Agenda Item III)
and
Ordinance No. 756-10-86: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordinance
No. 366-10-81, as Previously Amended,
so as to Change the Following -Described
Tract of Land From Planned Development
No. 29 to "PD" (Planned Development) No.
42, Said Tract of Land Being Described
as 97.4 Acres Located in the Witsaul
Fisher Survey, Abstract No. 323, Collin
County, Texas; and to Permanently Zone the
Following -Described Tract of Land From
"AO" (Agricultural -Open Space) Classifi-
cation to "PD" (Planned Development) No.
42, Said Tract of Land Being Described
as Approximately 10 Acres Located in
the Witsaul Fisher Survey, Abstract No.
323, Collin County, Texas, With Both
Properties Being Located North of F.M.
2170 and West of F.M. 2551; Providing for
Development Criteria; Providing for
Land Use Regulations; Providing for a
Land Use Plan; Providing for a Penalty
of Fine Not to Exceed the Sum of $1,000.00
for Each Offense; Providing for a
Severability Clause; and Providing for the
Effective Date of Said Ordinance.
Mayor Rodenbaugh read the request into the record as
follows:
"Public Hearing to Consider a Request to Rezone 97
Acres of Land from Planned Development No. 29 and
Permanently Zone 10 Acres to Planned Development
Including Land Uses of Shopping Center, Local
Retail, Multi -Family, Patio Homes and Single
Family Residential as Requested by Majestic
Savings on Property Located at the Northwest
Corner of the Intersection of F.M. 2170 and
Rock Ridge Road (F.M. 2551) and Consider an
Ordinance Establishing Permanent Zoning of
Planned Development."
Craig Curry, with Nelson Engineering Corporation and
representing Majestic Savings, presented to and spoke before
the Council on this request for zoning change and permanent
zoning.
Mr. Curry reviewed the location of the property and
advised of the adjacent property owners and the zoning on
the adjacent properties.
Using a zoning district map, Mr. Curry reviewed the
zoning that was being requested by Majestic Savings and
then provided a slide presentation showing various sites
on the property and sites of adjacent properties.
Mr. Curry then reviewed each zoning district and
advised of the requested densities on the single family
residential, multi -family and patio homes.
,2G9
ALLEN CITY COUNCIL
OCTOBER 16, 1986
Page 5
Public Hearing: Request to Rezone 97.4
Acres from PD No. 29
and to Permanently Zone
Approx. 10 Acres to
Planned Development
Requestor: Majestic Davings (cont'd) (Agenda Item III)
and
Ordinance No. 756-10-86 (cont'd)
Mr. Curry then presented a site plan of the residential
development showing lot layouts and curvilinear streets and
cul-de-sac streets. Mr. Curry reviewed this site plan and
presented an enlarged site plan of the lots located in
Subdistrict "B", which were lots located at the northeast
corner of the site. Mr. Curry pointed out the additional
50' setback to be provided in the seven lots located adjacent
to existing residential development at the northeast corner
of the site.
Mr. Curry presented a site plan of the park area and
advised of the amenities to be provided in the park area.
Mayor Rodenbaugh opened the public hearing on this
request.
Roy O'Neill, resident in the Forest Grove Estates which
is located in the city's extraterritorial jurisdiction, spoke
before the Council in opposition to this zoning request and
made a presentation on the issues that the homeowners were
opposed to in the proposed development. Mr. O'Neill represented
several homeowners who were in attendance at the meeting.
Mr. O'Neill advised that the three main concerns of the
homeowners were the need for transitional buffering, no need for
apartments, or the retail shopping center at F.M. 2170 and
Rock Ridge Road.
Bob Taylor, resident in the extraterritorial jurisdiction,
spoke before the Council on a major drainage problem existing
on the proposed development as well as on the existing homeowners'
properties and presented the Council with photographs of the
existing problems.
Cindy Robertson, resident of the Robbie Addition, spoke
before the Council in opposition to the zoning request.
Jim Logan, representing Majestic Properties, spoke before
the Council in favor of the request.
An unidentified woman spoke in opposition to the request
and asked questions concerning the shopping center and traffic
in the area.
Dan Leightner, resident on Rock Ridge Road, spoke in
opposition to the zoning request.
Ken Keesling, resident on Rock Ridge Road, spoke in
opposition to the zoning request and the planned improvements
to Rock Ridge Road.
Dan Setko, resident, asked several questions regarding
the planned development.
with no one else wishing to speak either for or against
this request, Mayor Rodenbaugh closed the public hearing.
MO
ALLEN CITY COUNCIL
OCTOBER 16, 1986
Page 6
Public Hearing: Request to Rezone 97.4
Acres from PD No. 29
and to Permanently Zone
Approx. 10 Acres to
Planned Development
Requestor: Majestic Savings (cont'd) (Agenda Item III)
f and
(�/ Ordinance No. 756-10-86 (cont'd)
The Planning and Zoning Commission, at their regular
meeting held on September 11, 1986, recommended to the City
Council approval of the request with the following modifications
from the original submission:
1. That drainage be approved by city staff prior
to development to not discharge greater amounts
of water than the adjacent properties or
adjacent city can handle without being at
flood condition.
2. That driveways be front entry with garage
doors not visible from the street in Sub -
District B.
3. That an additional 10 -foot easement be
shown in the rear yards in Sub -District
in lieu of rear alleys, the purpose of
which is to accommodate utilities.
4. That the building materials requirement
be changed to read "75% masonry required."
5. That the lots adjacent to the north and
east boundary lines, as referred to on the
zoning exhibit, would be a minimum of
14,000 sq. ft., and the Sub -District B
lots will be located on cul-de-sac streets.
There was lengthy discussion by the City Council about
the drainage on the property, the objections of the Planning
and Zoning Commission of the retail tract being located on
Malone Road and F.M. 2170, how the park site was originally
determined, if Rock Ridge Road (F.M. 2551) will develop as
a major thoroughfare and how many years in the future will
that be, buffering of the existing homes and proper buffering
from the retail tract.
Bill Petty, Director of Community Development, spoke before
the Council on the drainage problem in that area and the plans
to correct that problem and the development of Rock Ridge Road
(F.M. 2551) as a major thoroughfare and an approximate timeframe
for that development.
There was further discussion by the Council on the
shopping center site at F.M. 2170 and F.M. 2551 and the
need for it in that area and in that size, and the need
for more focus in the plan for transitional buffering to
existing homes in that area.
MOTION: A motion was made by Councilman Womack to approve
the request with the following modifications:
1. That the Sub -District B lots containing 14,000
sq. ft. be extended to the park site along
the north boundary of the proposed development.
Z-1
ALLEN CITY COUNCIL
OCTOBER 16, 1986
PAGE 7
Public Hearing: Request to Rezone 97.4
Acres from PD No. 29
and to Permanently Zone
Approx. 10 Acres to
Planned Development
Requestor: Majestic Savings (cont'd) (Agenda Item III)
and
Ordinance No. 756-10-86 (cont'd)
2. That the lots located to the west of the 14,000
sq. ft. lots be 10,000 sq. ft. That that section
have a minimum dwelling unit size of 2,000 sq. ft.
3. Row of lots facing the south side of the boundary
line be 9,000 sq. ft. lots, with 1,800 sq. ft.
minimum dwelling units.
4. That the balance of Sub -District A that has a
minimum of 7,200 sq. ft. lots be changed to a
minimum of 7,500 sq. ft. lots.
5. That the Planning and Zoning Commission recom-
mendations be incorporated.
6. That the text change be made under Section VI,
Platting Requirements, on page 11, to delete
the wording "and the City Council of Allen".
The motion was seconded by Mayor Pro Tem Farmer.
The Council voted two (2) for and five (5) opposed,
with Mayor Rodenbaugh and Council Members Pendleton,
Wolfe, Wilson and Pennington casting the negative
votes, in favor of the motion as presented. The
motion failed.
MOTION: A motion was made by Councilman Wolfe and seconded
by Councilman Pennington to approve the request as
submitted by the Planning and Zoning Commission with
the following amendments:
1. That the lots bordering on the north and east
property lines in Sub -District B be 14,000 sq. ft.
lots, with 2,000 sq. ft. minimum house sizes.
2. That the remaining lots in Sub -District B be
10,000 sq. ft. lots with 1,800 sq. ft. minimum
house sizes.
3. That the lots bordering the north boundary
line of Sub -District A (referenced as Tract
A-3 on land use map) be 9,000 sq. ft. lots,
with 1,600 sq. ft. minimum house size.
4. That the lots in Sub -District A (referenced
as Tract A-2 on land use map) be 8,000 sq. ft.
lots, with 1,600 sq. ft. minimum house sizes.
5. That the remaining lots in Sub -District A
(referenced as Tract A-1 on land use map)
be 1,400 sq. ft. minimum house sizes.
6. That text change be made under Section VI,
"Platting Requirements", on page 11, to delete
the wording "and the City Council of Allen",
and to adopt Ordinance No. 756-10-86, as captioned
previously and amended to reflect the above changes.
The Council voted four (4) in favor of the motion and
three (3) opposed, with Council Members Womack, Wilson
and Pendleton casting the negative votes. The motion
carried.
7,.
ALLEN CITY COUNCIL
OCTOBER 16, 1986
Page 8
Mayor Rodenbaugh recessed the regular session of the Allen
City Council at 10:20 p.m. The meeting reconvened at 10:30 p.m.
Request to Appear by Bea Hanley,
Marketing Representative for
BFI/Moore Industrial, Concerning
Solid Waste Collection and Disposal (Agenda Item IV -A)
Ms. Bea Hanley, Marketing Representative for BFI/Moore
Industrial Disposal, spoke before the Council on the purchase
of Moore Industrial Disposal by BFI, the continuation of the
solid waste collection by BFI, the review by BFI of the city's
current contract and rates for collection and also review of
the recent rate increase request presented to the city by
Moore Industrial Disposal.
City Manager Jon McCarty advised the Council of the work
done by city staff and representatives of Moore Industrial
Disposal to resolve the rate increase request and contents
of the city's current contract. He also advised of the
purchase of Moore Industrial by BFI and the desire by BFI
to discontinue the rate and contract negotiations until they
had had an opportunity to review the request and the proposal
being reached.
The Council briefly discussed with Ms. Hanley the status
of their review and a timeframe as to when BFI would be back
to the city regarding the rates and contract.
This item was received as a matter of information. There
was no action taken on this item.
(� Request to Appear by Mason Farmer
AW Concerning Items Related to Main
Street Construction. (Agenda Item IV -B)
Mason Farmer was not present to appear before the City
Council.
This item was passed over.
Consideration of Lane Markings
and Traffic Control for Main
Street Phase I (Agenda Item V)
Bill Petty, Director of Community Development, presented
to and spoke before the Council on various alternatives for
the street markings for traffic control on Main Street and
Allen Drive.
Mr. Petty advised that the five alternatives were:
1. Alternate A - Two lanes - one east, one west
2. Alternate B - Two lanes - one east, one west, with
left -turn lanes at intersections
it 3. Alternate C - Four Lanes - two east, two west
4. Alternate D - Three lanes - one east, one west, one center
lane for turning traffic
5. Alternate E - Two lanes - one east, one west, with left -
turn lanes at intersections.
Mr. Petty then reviewed the alternatives on a chart and
advised of the recommendations from the North Central Council
of Governments for markings for both the interim period of time
until Phases II and III of Main Street are completed, and the
ultimate long-range plan for lane marking and traffic control.
Z ,z
ALLEN CITY COUNCIL
OCTOBER 16, 1986
Page 9
Consideration of Lane Markings
and Traffic Control for Main
Street Phase I (cont'd) (Agenda Item V)
Mr. Petty advised the Council that the city staff's recom-
mendation was Alternate C, which provided for four lanes of
traffic,; two east, and two west.
Mr. Petty then reviewed the mandatory turn lanes that will
marked on Allen Drive and Main Street.
The Council discussed with city staff the placement of
a left turn lane on Main Street onto Allen Drive and the
fact that traffic traveling on through Main Street in a westerly
direction will have to jog over to stay on Main Street passed
Allen Drive.
MOTION: Upon a motion made by Councilman Wilson and seconded
by Councilman Pennington, the Council voted 7 - 0 to
approve the city staff's recommendation for Alternate
C, which provided for four lanes of traffic, two east,
and two west, for the lane markings and traffic control
for Main Street Phase I. The motion carried.
Authorization to the
City Manager to Enter
Into a Contract for
Design Engineering on
the Rowlett Road Water
Tower
(Agenda Item VI)
Ernie Hoback, Director of Public Works, spoke before the
Council on the planning and engineering for an elevatedwater
storage tank to be built on Rowlett Road. Representatives
from Black and Veatch Engineering were also present to answer
any questions. The representatives were Chuck Duncan, Gary
Talmadge, and Dale Cherry.
Dale Cherry spoke before the Council on the need for the
overhead water storage tank, west of U.S. 75 and presented
a slide show of various types of water overhead storage tanks
that can be constructed.
Mr. Hoback advised the Council that it was the city staff's
recommendation that authorization be given to the city manager
to enter into a contract for the design engineering on a water
overhead storage tank to be constructed on Rowlett Road using
the Hydro Pillar style tank.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Wilson, the Council voted 7 - 0 to
authorize the city manager to enter into a contract
with Black and Veatch Engineers for the design engineering
on a overhead water storage tank to be constructed on
Rowlett Road using the hydro pillar style tank in
accordance with the city staff's recommendation, as
stated. The motion carried.
Items of Interest to the Council (Agenda Item VII)
Police Chief Richard Carroll advised the City Council of
the progress of the planning work on the Police and Courts
Building and of the work of the advisory committee.
Chief Carroll also pointed out to the Council the
need for a workshop session by the committee with the City
Council prior to the next regular City Council meeting.
After a brief discussion, it was determined that the
workshop session would begin at 6:30 p.m. on Thursday,
November 6, 1986.
At this time, Mayor Rodenbaugh adjourned the regular
session of the Allen City Council into Executive Session at
11:18 D.M. 2h'{
ALLEN CITY COUNCIL
OCTOBER 16, 1986
Page 10
Executive Session (Agenda Item VIII)
In accordance with Article 6252-17, V.A.T.C.S. (Open
Meetings Law), Section 2(f), the Allen City Council convened
into Executive Session at 11:20 p.m. in the Conference Room
of the Allen Municipal Annex in order to discuss matters
pertaining to real estate negotiations.
The Executive Session was adjourned at 11:33 p.m.
Reconvene Into
Regular Session (Agenda Item IX)
The Allen City Council reconvened back into regular
session at 11:35 p.m. in order to consider action on items
discussed during the executive session.
Ordinance No. 757-10-86: 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 Establish
Permanent Zoning, To -Wit: Tract No. 1
Containing 19.1 Acres to "SC" Shopping
Center, Tract No. 2 Containing 5.974
Acres to "CF" Community Facilities, Tract
No. 3 Containing 12.124 Acres to "MF -2"
Multi -Family, and Tract No. 4 Containing
98.673 Acres to "R-4" Single -Family
Residential, on the Following -Described
Tract of Land; Approximately 135.871
Acres of Land Out of the James T. Roberts
Survey, Abstract No. 777, and the Henry
Wetsel Survey, Abstract No. 1026,
Collin County, Texas, Located South of
Stacy Road, East of State Highway 5;
Providing for a Land Use Map Regulating
Dwelling Units for the Multi -Family
Tract; Providing for Expanded Intersection
Improvements at State Highway 5 and Stacy
Road Prior to Platting or Development;
Providing for a Penalty of Fine Not to
Exceed the Sum of One Thousand Dollars
($1,000.00) for Each Offense; Providing
for a Severability Clause; and Providing (Consent Agenda
for the Effective Date of Said Ordinance. Item II -H)
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
approve and adopt Ordinance No. 757-10-86, as
captioned above, and to authorize the Mayor to
execute the ordinance upon execution and filing
of the documents referenced in Resolution No.
750-10-86(R), adopted at the October 2, 1986
Council Meeting. The motion carried.
At this time, Mayor Rodenbaugh adjourned the regular
session of the Allen City Council back into Executive Session
at 11:40 p.m.
Executive Session
In accordance with Article 6252-17, V.A.T.C.S. (Open
Meetings Law), Section 2(f), the Allen City Council convened
into Executive Session at 11:42 p.m. in the Conference Room
of the Allen Municipal Annex in order to discuss matters
pertaining to real estate negotiations.
The Executive Session was adjourned at 12:00 midnight.
ALLEN CITY COUNCIL
OCTOBER 16, 1986
Page 11
Adjournment
The Allen City Council reconvened back into regular
session at 12:03 a.m. on Friday, October 17, 1986, in the
Council Chambers of the Allen Municipal Annex.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Wilson, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 12:05 a.m. on Friday, October 17, 1986. The
motion carried.
These minutes approved on the 6th day of November
1986.
APPROVED:
ATTEST:
1 1 \�I�V\�
Marty Hendrix, CMC, CITY SECRETARY
41-