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Min - City Council - 1986 - 11/06 - RegularALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 6, 1986 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Rex Womack, arrived at 6:41 p.m. Jim Wolfe Jim Pendleton, arrived at 7:52 p.m. 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 6:40 p.m. on Thursday, November 6, 1986, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Workshop Session: Police and Courts Building (Agenda Item II) Mayor Rodenbaugh advised that the Council was holding a workshop session on the progress of the new police and courts building. The following people were in attendance for the workshop session: Dan Strong, Vice Chairman of the Police and Courts Advisory Construction Committee Harold Biggs, member of the Police and Courts Advisory Construction Committee Richard Carroll, Chief of Police Bill Hidell, with Hidell Architects Denelle Wrightson, with Hidell Architects Greg Ibanez, with Hidell Architects Mayor Rodenbaugh turned the meeting over to Mr. Dan Strong. Mr. Strong spoke before the Council on the work of the advisory committee with city staff and the architects in the development of the plans for the police and courts building to be constructed on the municipal property fronting on McDermott at Allen Drive. Bill Hidell, architect on this project, presented to the Council concept drawings of the police and courts building and a floor plan of the facility. Mr. Hidell advised of the various functions that are needed in the building and reviewed the floor plan with the Council. Mr. Hidell then presented an artist's rendering of the north, west and east elevations of the proposed building and pointed out the location of windows, masonry work, the use of lime stone on the exterior of the building and explained the rotunda concept for the front lobby area. 0.31 ALLEN CITY COUNCIL NOVEMBER 6, 1986 Page 2 Workshop Session: Police and Courts Building (cont'd) (Agenda Item II) Mr. Hidell provided a model structure of the police and courts building, along with two proposed designs of the future city hall and library buildings in order to show the layout of the buildings on the municipal property on McDermott at Allen Drive. Mr. Hidell explained the design concept of connecting sidewalks and arcade facades to be placed in front of the buildings to provide a connecting point for all of the structures. Mr. Hidell advised that the building would be constructed in order to provide for an additional 16,000 sq. ft. to be placed in a second floor of the building and reviewed an artist's rendering of how the building would look with a second floor. Mr. Hidell advised the Council that the cost for con- struction at this time was $1,675,000 for the 16,000 sq. ft. building. The Council discussed with the architects the timeframe for the addition to the building, the size of the jail facilities, the amount of money needed for construction, the concept of the rotunda and what would happen to that design if a second floor was added, the landscaping planned for the middle of the building in the open space areas, who would use the court chambers, accessibility to the building after hours, and if the advisory committee had looked at the rotunda concept in the second phase of the building and what should be done with it. Mayor Rodenbaugh asked the committee members present to provide input on the architectural plans as presented. Harold Biggs and Dan Strong spoke before the Council on their thoughts of the plan. Mr. Hidell distributed to the Council booklets of the schematic design of the proposed police and courts building for this phase of the project. Mr. Hidell reviewed again for the Council the public access to the building and explained some of the proposed ideas for the exterior construction materials for the building. Mr. Hidell pointed out that the new street pavers and lights placed on McDermott, Allen Drive and Main Street would be incorporated into the municipal property site. With no further discussion, Mayor Rodenbaugh adjourned the workshop session at 7:28 p.m. Mayor Rodenbaugh reconvened the regular session of the Allen City Council at 7:40 p.m. CONSENT AGENDA (Agenda Item III) MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Pennington, the Council voted 6 - 0 (Council Pendleton had not arrived at the meeting) to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of October 16, 1986 - Regular Session. B. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 7M ALLEN CITY COUNCIL NOVEMBER 6, 1986 Page 3 CONSENT AGENDA (cont'd) (Agenda Item III: 1. Black & Veatch Engineers $ 8,058.60 Construction of Stacy Road Pump Station and Ground Storage Tank (Second Delivery Point) - Engineering Services Period: September 1986 2. Hidell Architects $ 4,038.81 Architectural Services for Schematic, Design Develop- ment, Construction Documents, Bid or Negotiation for Renovation to Central Fire Station Period: September 1986 3. Miller's Emergency Equipment Co. $ 895.00 Fire Apparatus - Two -Cycle Gasoline Smoke Ejector - Tempest Model #TG182KZ 4. Gohmann Asphalt & Construction $12,358.66 1986 Street Overlay Program - 525.90 Tons.. of Hot Asphalt Mix for .45 Miles Layed 5. Strawn Rentals $ 80.65 1986 Street Overlay Program - Rental of a Steel Drum Roller 6. Graham Associates, Inc. $ 4,910.00 Construction Improvements to Jupiter Road - Engineering Services Period: Thru Oct. 21, 1986 7. The SWA Group $ 1,135.42 Streetscape for Main Street Project - Phase I - Pro- fessional Services Period: 9/1/86 - 9/30-86 B. The SWA Group $ 116.61 Streetscape for Main Street Project - Phase I - Reim- bursable Expenses Period: 9/1/86 - 9/30/86 9. Dallas Landscape Systems $14Q,669.73 Streetscape for Main Street Project - Phase I - Landscape Installation - Application No. 3 C. Set November 20, 1986 as the Public Hearing Date on a Request to Annex 2.57 Acres of Land Located South of F.M. 2170 and West of U.S. 75 as Requested by Collin County. The motion carried. End of Consent Agenda ALLEN CITY COUNCIL NOVEMBER 6, 1986 Page 4 Recognize and Award Certificates of Appreciation to Linear Park Greenbelt Steering Committee Members (Agenda Item IV) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the exemplary work of the Greenbelt/ Linear Park Study Steering Committee and that certificates of appreciation had been prepared to be sent to them for Le their service to the city. Mr. Thornton recognized the following members: Joe Farmer, Mayor Pro Tem - Chairman Vern Lahart, Member at Large - Vice Chairman Jack Pennington, Councilman Clint Miller, Parks & Recreation Board Helen Johnson, Parks & Recreation Board Mary Cook, property owner Mary Evans, property owner Willette Rosson, Allen businessman Denny Holman, developer with Folsom Investments Dave Dennison, developer with Tomlin Properties John Rainwater, City of Plano - Parks Department Danny Muzyka, former Director of Parks & Recreation for City of Plano Mayor Pro Tem Farmer extended his appreciation to the members of the committee and their work together. Mayor Rodenbaugh extended the Council's appreciation to the members of the committee, the consultant, Albert Halff & Associates, and to Mayor Pro Tem Farmer for being the Chairman of the committee. At this time, City Manager Jon McCarty pointed out to the City Council the notice of an emergency item on the agenda for an executive session to be held at the end of the regular session. Public Hearing: Request for Permanent Zoning of "R-5" Residential on 34.2 Acres of Land Location: North of Exchange Parkway, East of State Highway 5 and South of Stacy Road in Buckingham Polo Estates Requestors: Morris Homes & Wilmer Properties (Agenda Item V-A) and Ordinance No. 758-11-86: 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 "AO" (Agricultural -Open Space) Classification to Permanent Zoning of "R-5" (Residential), Said Tract of Land Being Described as Follows: Approximately 34.2 Acres of Land Lying in the J. T. Roberts Survey, Abstract No. 777, and the Henry Wetsel Survey, Abstract No. 1026, Collin County, Texas; Providing for a Penalty of Fine Not to Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Pro- viding for a Severability Clause; and Pro- viding for the Effective Date of Said Ordinance. and ALLEN CITY COUNCIL NOVEMBER 6, 1986 Page 5 Public Hearing: Request for Permanent Zoning of "R-5" Residential on 34.2 Acres of Land Requestors: Morris Homes & Wilmor Properties (cont'd) (Agenda Item V-A) and Ordinance No. 758-11-86 (cont'd and Resolution No. 759-11-86(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Adopting Certain Voluntary Deed Restrictions on Approximately 34.2 Acres of Land Located South of Stacy Road, North of Exchange Parkway, and East of State Highway 5, and Providing the City of Allen the Authority to Withhold Certificates of Occupancy Necessary for the Lawful Use of the Property Until Such Restrictions Are Fully Complied With. r4m Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for Permanent Zoning of "R-5" Residential on 34.2 Acres of Land Located North of Exchange Parkway, East of State Highway 5 and South of Stacy Road in the Buckingham Polo Estates as Requested by Morris Homes and Wilmor Properties and Consider an Ordinance Zoning the Property R-5" Residential and a Resolution Adopting Certain Voluntary Deed Restrictions." Craig Curry, with Nelson Engineering Corporation and representing the property owners, presented to and spoke before the Council on this zoning request. Mr. Curry presented a location map of the property and reviewed it with the Council. He also pointed out other tracts of land in that area that had been recently zoned to "R-5" Residential. Using a zoning exhibit of the two tracts of land, Mr. Curry explained the zoning request and advised of the deed restrictions recommended by the Planning and Zoning Commission that regulate the density on the tracts to 3.9 units per acre, for a total of 133 dwelling units. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against the request for permanent zoning. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on October 9, 1986, recommended to the City Council approval of the request for "R-5" residential zoning to include voluntary deed restrictions of 3.9 units per acre. The Council briefly discussed the need for the voluntary deed restrictions as recommended by the Planning and Zoning Commission, when the zoning of "R-4" could have resulted in the same type of density. MOTION: Upon a motion made by Councilman Penningtonand seconded by Councilman Wilson, the Council voted four (4) in favor of approval of the request in accordance with the recommendations of the Planning and Zoning Commission, as stated; to adopt Ordinance r4m ALLEN CITY COUNCIL NOVEMBER 6, 1986 Page 6 Public Hearing: Request for Permanent Zoning of "R-5" Residential on 34.2 Acres of Land Requestors: Morris Homes & Wilmor Properties (cont'd) (Agenda Item V-A) and Ordinance No. 758-11-86 (cont'd) and Resolution No. 759-11-86(R) (cont' No. 758-11-86, as captioned previously; and to adopt Resolution No. 759-11-86(R), as captioned previously, and two (2) opposed, with Council Members Wolfe and Womack casting the negative votes, and with one (1) abstention from Councilman Pendleton. The motion carried. Public Hearing: Request to Permanently Zone 2.583 Acres of Land to "SC" Shopping Center Location: South of F.M. 2170 and West of U.S. 75 Requestor: Collin County (Agenda Item V -B) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Permanently Zone 2.583 Acres of Land to "SC" Shopping Center Located South of F.M. 2170 and West of U.S. 75 as Requested by Collin County." Ruben Delgado, Assistant Director of Public Works for Collin County, presented to and spoke before the Council on this request for permanent zoning of "SC" Shopping Center. Using a location map, Mr. Delgado reviewed the location of the property with the Council and advised that the site had been used for several years by the county for storage of road maintenance materials and was still used for that purpose. Mr. Delgado stated that the county was now interested in obtaining zoning on the property to improve the marketability of the property. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this request for permanent zoning. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on September 25, 1986, recommended to the City Council approval of the request as presented. City Manager Jon McCarty advised the Council that before the Council could adopt the zoning ordinance on this property, the property had to be annexed into the city. He further explained that the county had planned to annex the property earlier in the year, however, through miscommunication, the annexation request had never been sent to the city. Upon city staff review, and after the public hearing date on the zoning had been set, it was determined that the property had not been annexed into the city limits. Mr. McCarty explained to the Council that the Council could consider one of two forms of action on this request. One form of action could be to table the request until the property had been properly annexed into the city limits. The other form of action could be to act on the recommendations of the Planning and Zoning Commission, whether the action be approval, denial, or approval with modifications, and to direct the city staff to prepare the appropriate ordinance to be brought back before the Council for action on the Consent Agenda. 3(a ALLEN CITY COUNCIL NOVEMBER 6, 1986 Page 7 Public Hearing: Request to Permanently Zone 2.583 Acres of Land to "SC" Shopping Center Requestor: Collin County (cont'd) (Agenda Item V -B) MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Womack, the Council voted 7 - 0 to approve the request in accordance with the recomnendation of the Planning and Zoning Commission, as stated; and to direct the city staff to bring back the appropriate zoning ordinance for consideration by the Council on the Consent Agenda at the time the property has been annexed by the city. The motion carried. Request to Appear by Mason Farmer Concerning Items Related to Main Street Construction (Agenda Item VI) Mason Farmer was not present to appear before the City Council on his request. City Secretary Marty Hendrix advised the Council of her conversation with Mr. Farmer prior to the Council Meeting and Mr. Farmer's indication that the items he was concerned about had been taken care of at this time. There was no action taken on this item. Approval of the Schematic Phase and Consider Design Development of the Police and Courts Building (Agenda Item VII) Police Chief Richard Carroll spoke before the Council on the three step phases involved in the planning process for the police and courts building. The three steps being the schematic phase, the design development phase, and the construction design phase. The Council discussed with Chief Carroll if the advisory committee would be involved in this planning process until the end of it. The Council briefly discussed the schematic design presented and the report of the advisory committee. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Wolfe, the Council voted 7 - 0 to approve the schematic design phase of the police and courts building and to authorize the going forward of the design development. phase, in accordance with the recommendation of the Advisory Construction Committee. The motion carried. Annual Report of the Parks and Recreation Board (Agenda Item VIII) Don Proeschel, Chairman of the Parks and Recreation Board, presented the annual report of the Parks and Recreation Board to the City Council. Mr. Proeschel's report contained information on the work on the Greenbelt/Linear Park Study, the policy and procedures manual for the Parks and Recreation Department, Ford Park Pool and Phase I completion, construction to begin on Ford Park Phase II, the Main Street project, the proposed Sesquicentennial Park, the Explorer Post, the Collin County Open Space Plan, the Parks and Recreation Department annual budget, city -sponsored athletics, summer programs, senior citizen activities, the teen recreation center/activities, the proposed acquisition of the Toxins Rod and Gun Club, and the acquisition and development of new school/ park sites. At the end of his report, Mr. Proeschel distributed copies to the City Council. The Council commended Mr. Proeschel on his report and the work of the Parks and Recreation Board. 313 ALLEN CITY COUNCIL NOVEMBER 6, 1986 Page 8 Annual Report of the Parks and Recreation Board (cont'd) (Agenda Item VIII) There was discussion by the Council on the statement made in Mr. Proeschel's report regarding the placement of the play- ground equipment at Reed Park and how the school could not utilize the equipment during school hours due to its location J. not being close enough to the school. It was pointed out that E`r' other children can enjoy the use of the equipment and it was not necessarily just for the school's use and should not be totally up against the school. There was also discussion on the senior citizens'activities declining around the time of the federal funding cuts for their meals program and the need to insure that this activity does continue and this group of individuals are shown support. This report was received as a matter of information. There was no action taken on this item. Ordinance No. 760-11-86: An Ordinance of the City of Allen, Collin County, Texas, Declaring the Necessity for and Offering the Paving Improvements. of a Portion of Jupiter Road, Further Described as Being a Portion of Jupiter Road from F.M. 2170 to the Intersecting Point of the Concrete Improved Road Section North of White Oak Drive, Said Portions Being Hereinafter Described and in the City of Allen, Collin County, Texas; Approving the Plans and Specifications for Such Work; Authorizing the City Manager to Advertise for Bids; and Directing the Preparation of Estimates Invoking the Procedure Provided by Article 1105(b) VSC; Determining That a Part of the Cost Shall Be Borne By the Abutting Properties and the Owners Thereof; Providing for the Assessment of a Portion of the Cost to be Borne by Property Owners; and for the Fixing of a Line to Secure Payment of Such Assessments; Stating the Time and Manner Proposed for Payment of All Such Costs; Authorizing the City Secretary to Cause a Notice of the Adoption of the Ordinance to be Field in the Land Records of Collin County, Texas; and Providing for an Effective Date. (Agenda Item IX) Bill Petty, Director of Community Development, spoke before the Council on the proposed ordinance declaring the necessity for street improvements to Jupiter Road. Conrad Calliacotte, engineer with Graham and Associates, spoke before the Council on the plans for paving improvements to Jupiter Road from F.M. 2170 to the intersecting point of the concrete -improved road section north of White Oak Drive. Mr. Calliacotte advised the Council that the specifications had been prepared and the project was ready to go forward for bids on the construction. Mr. Calliacotte advised that the total estimated cost for this project was $1,401,954.00, which included the administrative costs, engineering, and contingencies. 314 ALLEN CITY COUNCIL NOVE14BER 6, 1986 Page 9 Ordinance No. 760-11-86 (cont'd) (Agenda Item IX) The Council discussed the proposed completion date for this project, if there was a need to improve Jupiter Road at this time or if the monies should be used on some other thoroughfare, how much traffic uses Jupiter Road, how the construction on State Highway 5 will effect the traffic using Jupiter Road, other thoroughfares which need paving improvements, the use of the existing bridge on Jupiter or if it will have to be worked on, and the plans for construction to other major thoroughfares in the city. MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Wolfe, the Council voted 7 - 0 to approve and adopt Ordinance No. 760-11-86, as captioned previously. The motion carried. Ordinance No. 761-11-86: An Ordinance of the City of Allen, Collin County, Texas, Amending the City of Allen Code of Ordinances, Chapter 4, "Building and Building Regulations", Article I, "In General", Section 4-3, "Adoption of Building Codes", and Amending Section I of Ordinance No. 48 By Amending Section II of Ordinance No. 592-3-85, as Heretofore Amended by Deleting Part S --Plumbing Chapters 20, 21, 22, 23, 24, and 25 of the CABO One and Two Family Dwelling Code of the Council of American Building Officials; Pro- viding for a Severability Clause; Providing a Penalty for Violation of This Ordinance; Providing for the Publication of the Caption Hereof; and Providing for an Effective Date. (Agenda Item X) Bill Petty, Director of Community Development, presented to and spoke before the Council on the proposed ordinance which deletes the plumbing section of the CABO Code. Mr. Petty also distributed to the City Council handout materials on articles regarding the CABO Code and opposition to it. MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve and adopt Ordinance No. 761-11-86, as captioned above. The motion carried. Resolution No. 762-11-86(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Adopting as Policy Certain Traffic Management Standards. (Agenda Item XI) �" Bill Petty, Director of Community Development, presented I/ to and spoke before the Council on the proposed resolution which adopts certain traffic management standards. Mr. Petty provided background on the development of the traffic management standards and of working with the North Central Texas Council of Governments to achieve this work. City Manager Jon McCarty also pointed out the work done by the North Central Texas Council of Governments on the traffic impact studies conducted regarding various zoning requests in the city. 2,ft ALLEN CITY COUNCIL NOVEMBER 6, 1986 Page 10 Resolution No. 762-11-86(R)(cont'd) (Agenda Item XI) MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Pennington, the Council voted 7 - 0 to approve and adopt Resolution No. 762-11-86(R), as captioned previously. The motion carried. Resolution No. 763-11-86(R): L A Resolution of the Crty Council, v City of Allen, Texas, Authorizing the Mayor to Execute an Agreement Between the North Texas Municipal Water District and the City of Allen for an Additional Point of Delivery. (Agenda Item XII) City Manager Jon McCarty spoke before the Council on the proposed agreement between the North Texas Municipal Water District and the City of Allen for an additional point of delivery for water for the city. Mr. McCarty explained to the Council the take or pay provision allowing for a six-year proration of the take or pay component. There was discussion by the Council on the take or pay provision of the agreement and the minimum amount of water that must be used by the city, being 35.8 million gallons of water. The beginning of the six-year period was also discussed, since the provision of the contract stated it would not begin until October 1, 1987 or when the city begins to take water at this delivery point, whichever is earlier. MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve and adopt Resolution No. 763-11-86(R), as captioned above. The motion carried. Set Date for Joint Workshop Meeting with Planning and Zoning Commission (Agenda Item XIII -A) Bill Petty, Director of Community Development, spoke before the Council on the scheduling of a meeting for the City Council and the Planning and Zoning Commission in order to continue their discussions on the proposed changes needed in the city's comprehensive zoning ordinance. Mr. Petty also distributed to the Council an agenda outline for that meeting. Mr. Petty and City Manager McCarty advised that the proposed dates for that meeting were November 12th or 19th. After a brief discussion by the City Council on the appropriate date for the meeting, it was the consensus of the City Council that the meeting be held on Wednesday, November 19, 1986, at 7:00 p.m., at the Allen Municipal Annex Final Disposition of Hassie Hunt Case (Agenda Item XIII -B) City Manager Jon McCarty advised the City Council that the Hassie Hunt Case had finally been resolved and all of the paperwork had been completed, the suit had been dropped, the property deeded to the city, and the city had received back the money put up for the property, along with interest. This item was recieved as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL NOVEMBER 6, 1986 Page 11 ATTEST: Marty Hendrix, MC, CITY SECRETARY Items of Interest to the Council (Agenda Item XIII -C) City Secretary Marty Hendrix distributed to the City Council updated telephone lists of the various boards/commission members. Per Mayor Pro Tem Farmer's request, City Secretary Marty Hendrix advised the Council that legislation had been passed in the special session of the State Legislature that would change the date of the City Council Elections and had established new primary dates. The new primary dates were now referred to as "Super Tuesday". Ms. Hendrix advised that the date in April had been changed to the third Saturday in May, or a selection of another date could be possible. She advised the Council that she had requested a copy of the bill and would be sending out more information on it. At this time, Mayor Rodenbaugh adjourned the regular session of the Allen City Council into Executive Session at 9:25 p.m. Executive Session (Emergency Agenda Item XIV) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(f) and 2(g), the Allen City Council convened into Executive Session at 9:30 p.m. on Thursday, November 6, 1986, in the Conference Room of the Allen Municipal Annex, in order to discuss matters pertaining to real estate and personnel. The Executive Session was adjourned at 10:30 p.m. Reconvene: Consider Action on Items Discussed (Emergency Agenda During Executive Session Item XV) The Allen City Council reconvened back into regular session at 10:33 p.m. on Thursday, November 6, 1986, in the Council Chambers of the Allen Municipal Annex. MOTION: Upon a motion made by Councilman Jim Wolfe and seconded by Councilman Jack Pennington, the Council voted 7 - 0 to approve the recommendation of the Council Subcommittee regarding the salary and hiring procedure for the Municipal Court Judge position and a policy regarding employees of the City Council not holding another city position. The motion carried. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wilson, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:90 p.m. on Thursday, November 6, 1986. The motion carried. These minutes approved on the 6th day of November 1986. ATTEST: Marty Hendrix, MC, CITY SECRETARY