HomeMy WebLinkAboutMin - City Council - 1982 - 11/18 - RegularALLEN CITY COUNCIL
Regular Session
November 18, 1982
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Don Rodenbaugh
Dennis Offutt
Absent:
Ward Paxton
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called
to order by Mayor Pierson at 7:35 p.m, on Thursday, November 18,
1982, at Rountree Elementary School, 800 E. Main Street.
CONSENT AGENDA
(Agenda Item II)
MOTION: Upon a motion made by Councilman Offutt and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve and adopt all items on the Consent Agenda as
recommended and as follows:
A. Approval of November 1, 1982 Minutes - Called -
Special Workshop Session of the City Council
and the Planning & Zoning Commission
B. Approval of November 4, 1982 Minutes - Workshop
Session
Approval of November 4, 1982 Minutes - Regular
Session
C. Approval of right-of-way acquisition on Jupiter
Road in the form of an easement from William Dale
Marshall and Wanda Sue Marshall to the City of
Allen in remuneration of $500.00 cash and the
City of Allen to provide sewer tap for the Marshalls'
home on Jupiter Road.
D. Authorization to City Staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program
as follows:
1. Hooper Engineering Laboratories $ 133.00
Contract No. FS 8023 - Con-
struction of Service Center/
City Hall Annex
Concrete Testing
2. Ronald E. Fix & Associates $ 925.51
Contract No. 810207E - 24"
Water Line - Bethany Road
Engineering Fee - July thru
October; Staking & Inspection -
September & October
/717
ALLEN CITY COUNCIL
November 18, 1982
Page 2
CONSENT AGENDA (continued)
(Agenda Item II)
3. Waller -Spears, Inc.
$ 61,706.70
Contract No. FS 8023 -
Con-
struction of Service Center/
City Hall Annex
Payment No. 6
4. Transamerican Builders,
Inc.
$ 16,098.73
Contract No. 810206R -
Con-
struction of Reed Park
Payment No. 7 - Final
Payment
The motion carried.
End of Consent Agenda
Public Hearing: Site Plan Approval &
Specific Use Permit
M & M Corporation
2 acres - PD SC No. 6
(Agenda Item III)
and
Ordinance No. 419-11-82: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Planned Development
Zoning Ordinance No. 371-10-81 to
Include the Attachment of Exhibit "B"
as the Approved Site Plan for Deve-
lopment of the Northern Two (2) Acres
out of a 8.545 Acre Tract in the Peter
Wetzel Survey, Abstract No. 990, and
Being the Same 8.545 Acre Tract of
Land Described as Tract 3 in a Deed
from Metrotex Properties, Inc., a
Texas Corporation, as Recorded in
Volume 1051, Page 208, of the Collin
County Deed Records, Presently Delineated
on the Official Zoning Map as a Portion
of PD -SC No. 6; Providing for a Penalty;
Providing for an Effective Date; and
Providing for Publication of the Caption.
and
Ordinance No. 420-11-82: 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 for
the Accessory Use of "Gasoline Sales"
Therefore Restricting the Northern
Two (2) Acres out of a 8.545 Acre Tract
in the Peter Wetzel Survey, Abstract
No. 990, and Being the Same 8.545 Acre
Tract of Land Described as Tract 3 in
a Deed from Metrotex Properties, Inc.,
a Texas Corporation, as Recorded in
Volume 1051, Page 208, of the Collin
County Deed Records, Presently Delineated
on the Official Zoning Map as PD -SC No. 6;
Providing for a Penalty; Providing for
an Effective Date; and Providing for
Publication of the Caption.
Mayor Pierson read the request into the record as follows:
"Public Hearing: Site Plan and Specific Use Permit Request
from M & M Corporation for Shopping Center at Pebblebrook
and S.H. 5 and Consideration of Related Ordinances."
/?S
ALLEN CITY COUNCIL
November 18, 1982
Page 3
Public Hearing: Site Plan Approval &
Specific Use Permit
M & M Company
2 acres - PD -SC No. 6
Ordinance No. 419-11-82 and
Ordinance No. 420-11-82 (continued) (Agenda Item III)
Bill Minyard, with M & M Company, presented to and spoke
before the Council on the site plan for a shopping center to
contain a day care center, retail spaces, and a convenience
food store located at the southeast corner of State Highway 5
and Pebblebrook Drive, and the specific use permit for gasoline
sales as an accessory use to the convenience store. The zoning
of the property is Planned Development - Shopping Center No. 6.
Mr. Minyard presented copies of the site plan to the City
Council, which showed a 4200 sq. ft, day care center building;
"L" shaped retail buildings, one unit to contain 8260 sq. ft.
and the other to contain 7200 sq. ft; gas pump facilities located
on the southwest corner of the property; parking spaces; fire
lane easements and an access easement; ingresses/egresses on
State Highway 5 and Pebblebrook Drive, building setbacks, and
landscaping areas.
Mr. Minyard advised the Council of a special traffic engineering
study done for this site by DeShazo, Starek, Tang, Inc., to determine
appropriate locations of the ingresses/egresses on State Highway 5
and the necessity for the access easement on the adjacent property
to the south. Mr. Minyard's presentation also included landscaping
for the site and the types of plants to be used, an aerial photo
of the city showing the location of this property, materials to
be used in construction of the buildings, and the landscaping screen
between this commercial property and the school district's property.
The City Council discussed with Mr. Minyard the potential pro-
blem of the location of the high school's baseball field in relation
to the location of the day care center, and the problems the city
has incurred in this same type of situation in another part of the
city.
The Council also discussed the location of the fire lane ease-
ments, landscaping for the south side of the property, and the
phase of construction for this site.
Bill Petty, Director of Community Development, spoke before
the Council on the establishing of the fire lane easements.
Mayor Pierson opened the public hearing. No one appeared to
speak either for or against this request. Mayor Pierson closed
the public hearing.
The Planning and Zoning Commission had recommended to the
City Council that the site plan be approved as presented and
that the request for a specific use permit for gasoline sales
as an accessory use to the convenience store also be approved.
The Council discussed briefly the signage for the shopping
center, the number of gas pumps proposed for this site and
regulations for such, and the location of the pumps.
City Secretary Marty Hendrix read the caption of the proposed
Ordinance No. 419-11-82 into the record (as captioned on page 2).
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman McClure, the Council voted 6 - 0 to adopt
Ordinance No. 419-11-82, approving the site plan for
the shopping center as presented, in accordance with the
recommendation of the Planning and Zoning Commission, as
stated. The motion carried.
/79
ALLEN CITY COUNCIL
November 18, 1982
Page 4
Public Hearing: Site Plan Approval &
Specific Use Permit
M & M Company
2 acres - PD -SC No. 6
Ordinance No. 419-11-82 and
Ordinance No. 420-11-82 (continued) (Agenda Item III)
City Secretary Marty Hendrix read the caption of the proposed
Ordinance No. 420-11-82 into the record (as captioned on page 2).
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Offutt, the Council voted 6 - 0 to adopt
Ordinance No. 420-11-82, approving the specific use
permit for gasoline sales as an accessory use to the
convenience store, in accordance with the recommendation
of the Planning and Zoning Commission, as stated. The
motion carried.
Consideration of Items Related to
the Allen Industrial Development
Corporation and
Resolution No. 421-11-82(R): A
Resolution Approving Issuance by
Allen Industrial Development
Corporation of an Issue in the
Amount of $7,500,000 of Allen
Industrial Development Corporation
Industrial Development Revenue
Bonds (EPCOR Incorporated Project)
Series 1982; and Approving the
Resolution of the Issuer Authorizing
i the Bonds and all Agreements
Authorized Thereby. (Agenda Item IV)
Willette Rosson, President of the Allen Industrial Development
Corporation, spoke before the Council of the meeting held on
November 3, 1982 with representatives of the EPCOR Corporation
and the action of the Allen Industrial Development Corporation
in issuing a letter of inducement for the approval of the
EPCOR Corporation using industrial development revenue bonds.
John Boyle, of Hutchison, Price, Boyle & Brooks Bond Attorneys,
spoke before the Council on the Industrial Development Act and
the establishing of the Corporation and the procedure to be
followed to issue industrial development revenue bonds.
Mr. Boyle advised the Council that a proposed resolution had
been prepared for the Council's approval on the action taken
by the Allen Industrial Development Corporation in their issuance
of the letter of inducement with the EPCOR Corporation.
Frederick C. Ochsner, President of EPCOR, spoke briefly
before the Council on the status of the corporation to date
as to options on land purchase, the proposed size of the
facilities and the type of business they will conduct.
The Council discussed briefly the leasing of these facilities
by EPCOR to the actual manufacturer, that EPCOR is a newly formed
company, and the treatment of industrial wastes.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Offutt, the Council voted 6 - 0 to adopt
Resolution No. 421-11-82(R), approving issuance by
Allen Industrial Development Corporation of an issue
in the amount of $7,500,000 of Allen Industrial
Development Corporation Industrial Development Revenue
Bonds (EPCOR Incorporated Project) Series 1982. The
motion carried.
frD
Mr. Petty handed out the city staff's recommendation on
a proposal for repair of these two thoroughfares to the Council
and advised that the recommendation was to enter into an agree-
ment with Collin County's Department of Public works. The work
would be to extend and resurface the shoulders of Jupiter Road
and Allen Heights Drive from their F.M. 2170 intersection to the
city limits and to further reinforce these streets with a seal
coating process in the Spring of 1983. This method would extend
the life of these roads for at least another five years.
Mr. Petty discussed with the City Council how the road repair
will be done and by whom, what equipment will be used, the seal
coating process to be applied at a later date, and the condition
of the center of these roads at this time.
Ron Fix, City Engineer, spoke before the Council on the pro-
ject of paving Park Place east to Allen Heights Drive, thus pro-
viding two accesses to the new Ford Middle School. This project
l`ll could be funded using the bond funds originally earmarked for the
concrete construction of two lanes of Jupiter Road.
Mr. Fix presented a color -coded map showing Park Place and
explained to the Council the portion of the road now in place,
the west portion to be paved by the City, and the proposed paving
of the east portion of the road to Allen Heights Drive.
!8l
ALLEN CITY COUNCIL
November 18, 1982 Page 5
Preliminary & Final Plat -
Allen National Bank Addition (Agenda Item V)
Due to a conflict of interest, Mayor Pierson abstained
from consideration of the preliminary and final plat of the
Allen National Bank and turned the meeting over to Mayor Pro
Tem Farmer.
Bill Petty, Director of Community Development, presented
the preliminary and final plat for the Allen National Bank.
Mr. Petty advised the Council of the need for the plat and
explained that it showed the exterior boundaries of the property,
indicated the location of a 15' utility easement along the outer
boundaries on both Ridgemont and State Highway 5, and the location
of the existing 8" water main and fire hydrants.
Mr. Petty also advised that the Planning and Zoning Commission
had recommended to the City Council approval of the preliminary
and final plat of the Allen National Bank Addition as submitted.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman McClure, the Council voted 5 - 0, with an
abstention from Mayor Pierson, to approve the preliminary
and final plat for the Allen National Bank Addition as
presented and in accordance with the recommendation of
the Planning and Zoning Commission, as stated. The
motion carried.
Mayor Pro Tem Farmer turned the meeting back over to Mayor
Pierson at this time.
Authorization for a Contract
Between the City of Allen and
Collin County for Repairs to
Jupiter Road and Allen Heights Drive (Agenda Item VI)
Bill Petty, Director of Community Development, presented
for the Council's review several photographs of the disrepair
now existing on Allen Heights Drive and Jupiter Road.
Mr. Petty handed out the city staff's recommendation on
a proposal for repair of these two thoroughfares to the Council
and advised that the recommendation was to enter into an agree-
ment with Collin County's Department of Public works. The work
would be to extend and resurface the shoulders of Jupiter Road
and Allen Heights Drive from their F.M. 2170 intersection to the
city limits and to further reinforce these streets with a seal
coating process in the Spring of 1983. This method would extend
the life of these roads for at least another five years.
Mr. Petty discussed with the City Council how the road repair
will be done and by whom, what equipment will be used, the seal
coating process to be applied at a later date, and the condition
of the center of these roads at this time.
Ron Fix, City Engineer, spoke before the Council on the pro-
ject of paving Park Place east to Allen Heights Drive, thus pro-
viding two accesses to the new Ford Middle School. This project
l`ll could be funded using the bond funds originally earmarked for the
concrete construction of two lanes of Jupiter Road.
Mr. Fix presented a color -coded map showing Park Place and
explained to the Council the portion of the road now in place,
the west portion to be paved by the City, and the proposed paving
of the east portion of the road to Allen Heights Drive.
!8l
ALLEN CITY COUNCIL
November 18, 1982
Page 6
Contract Between City of Allen
and Collin County for Repairs
to Jupiter Road and Allen
Heights Drive (continued) (Agenda Item VI)
Mr. Fix advised of the two proposed estimates for concrete
paving of Park Place east to Allen Heights Drive, one proposal
being a 37' wide street with the additional costs of obtaining
street right-of-ways, and the other being the paving of the
existing 21' wide street.
City Manager McCarty advised the Council that these proposals
on the paving of Park Place east was just as a matter of information
at this time. Further work and review had to be done by the city
staff on the acquiring of the street right-of-way and thought was
being given to acquiring developer participation to help pay for
this paving project.
The Council discussed with the city staff the original funds
earmarked for the concrete paving of Jupiter Road in two lanes,
the obtaining of the street right-of-way for the 37' wide street,
using developer participation to help with the costs, and handling
this matter in a timely way so that perhaps the east and west portions
of Park Place could be bid at the same time to obtain the best
possible cost.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
/8a
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
authorize the city staff to proceed with entering into
a contract with Collin County for the repairs to Allen
Heights Drive and Jupiter Road per the city staff's
recommendations, as stated. The motion carried.
Mayor Pierson recessed the regular meeting of the Allen City
Council at 9:05 p.m. The regular meeting reconvened at 9:16 p.m.
Award of Bid for Truck for
Street Department (Agenda Item VII)
Bill Petty, Director of Community Development, presented to
and spoke before the Council on the bid tabulations for the 3/4
ton heavy duty pick-up truck, with the three low bidders being:
Preston Chrysler -Plymouth $7,779.44
Friendly Chevrolet $9,118.00
Howard Thornton Ford $9,283.14
Mr. Petty advised that the city staff's recommendation was
to award the bid to the lowest bidder, being Preston Chrysler -
Plymouth. He also recommended the purchase of two additional
options, those being a spare tire and a maximum cooling system,
for an additional cost of $195.11. The additional cost resulting
in a low bid of $7,974.55.
The Council discussed the two additional options, maintenance
for the truck, the service of the two Chrysler trucks in the water
maintenance department, and the location of the dealership for
service and maintenance.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Offutt, the Council voted 6 - 0 to award
the bid to the low bidder, being Preston Chrysler -Plymouth,
in the amount of $7,974.55, to include the two options as
recommended by the city staff, as stated. The motion
carried.
/8a
ALLEN CITY COUNCIL
November 18, 1982 Page 7
Financial Report - FY Year Ending
September 30, 1982 & Month Ending
October, 1982 (Agenda Item VIII)
Linda Midtling, Finance Director, presented to and spoke before
the Council on summaries of the financial statements for the fiscal
year ending September 30, 1982 and the month ending October, 1982
for the new fiscal year. Due to the lengthy computer reports, the
statements had been summarized.
Ms. Midtling's presentation included review of statements
of the revenue and expenditures for the fiscal year ending
September 30, 1982 of the general fund and debt service, the
water and sewer fund, revenue sharing fund, the departmental
expenditures compared to the budget, and the statements of
revenues and expenses for the month ending October, 1982 for
the general fund, water and sewer fund, and the departmental
expenses compared to the fiscal year 1982 - 1983 budget.
The Council discussed various aspects of these reports
including the franchise tax received from the cable television
company, fluctuation of the usage for the water and sewer fund,
the city's experience with cash flow problems in paying operating
expenses, the uniformity of the categories of the funds as com-
pared to other municipalities, the percentages of revenues received
from sales tax, and the use of industrial bonds for commercial projects.
It was the consensus of the Council that they would like to
see quarterly summaries of these financial reports prepared and
for comparison show the last year's figures and the proposed budget
figures.
It was also requested that percentages be figured for the
revenues showing how much each revenue represents of the total
budget, and using the usage figures for water and sewer from
last year's budget, apply the new current rates to see how
the water and sewer fund stands in order to keep close account of it.
This item was received as a matter of information. There was
no action taken on this item.
Police Report - October, 1982 (Agenda Item IX -A)
Police Chief Richard Carroll presented to and spoke before
the Council on the Consolidated Summary of Activities of the Allen
Police Department for the month of October, 1982.
The Council discussed with Chief Carroll the non-moving violations,
revenues derived from violations, changes in procedures for the
municipal court, consequences if a person cannot pay the fines,
increased costs for the use of the county jail, and the amount of
citations being issued for lack of car liability insurance.
This item was received as a matter of information. There was
no action taken on this item.
Appointments to the
Library Board (Agenda Item IX -B)
City Secretary Marty Hendrix presented to the Council updated
copies of the city's Boards and Commissions Book..
Mrs. Hendrix advised the Council that with the passage of the
new Library Board Ordinance, appointments to the Board were under
consideration at this time. Data sheets from interested residents
were being solicited and the consideration of the appointments
would be placed on the Council's agenda for the next regular
meeting of December 2nd.
This item was received as a matter of information. There was
no action taken on this item.
UP
ALLEN CITY COUNCIL
November 18, 1982
Page 8
Parks & Recreation Director (Agenda Item IX -C)
City Manager Jon McCarty advised the Council of the status
of the interview and selection process for the new Parks and
Recreation Director and that a recommendation would be forth-
coming soon.
This item was received as a matter of information. There
was no action taken on this item.
Adjournment
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
adjourn into Executive Session at 10:35 p.m. The
motion carried.
Executive Session
In accordance with Article 6252-17 (Open Meetings Law),
V.A.T.C.S., Section 2(f), the Allen City Council convened into
Executive Session at 10:37 p.m. to discuss matters pertaining to
real estate.
The Executive Session was adjourned at 11:30 p.m.
1982. These minutes approved on the 2nd day of DECEMBER
���
Martye"Hendrix, TY SECRETARY
L
M. B. Terson, MAYOR
19V