HomeMy WebLinkAboutMin - City Council - 1982 - 12/02 - RegularALLEN CITY COUNCIL
Executive Session
and
Workshop Session
December 2, 1982
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Don Rodenbaugh (arrived at 7:25 p.m.)
Ward Paxton
Dennis Offutt
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
Executive Session
In accordance with Article 6252-17 (Open Meetings Law),
V. A. T. C. S., Section 2(g), the Allen City Council convened
into Executive Session at 6:30 p.m. on Thursday, December 2,
1982, at Rountree Elementary School, in order to discuss matters
v pertaining to personnel.
The Executive Session was adjourned at 6:49 p.m.
Workshop Session
The scheduled workshop session of the Allen City Council
was called to order by Mayor Pierson at 6:50 p.m, on Thursday,
December 2, 1982, at Rountree Elementary School, 800 E. Main
Street.
Mayor Pierson advised that this workshop session had been
scheduled to review and discuss matters pertaining to the Collin
County Farmer's Market, located on F.M. 2170 east of U. S. 75.
Glen Renfro, Building Superintendent for Collin County,
presented to and spoke before the Council on the following items:
1. The initial purpose and reasoning behind the
Collin County Farmer's Market.
2. A site plan of the market location and aspects
of the agreement between the City of Allen and
Collin County regarding the market.
(toe 3. An organizational chart of the Farmer's Market
Board and information on the capacity of sales
at the market since the opening day, the number
of people using the market, and the profit for
the county from the rental of the stalls.
4. The "Great Okra Plan" presentation given the
Allen Chamber of Commerce.
5. The public Works Department use of this site
and the storage barn.
(89
ALLEN CITY COUNCIL
December 2, 1982 Page 2
Workshop Session (continued)
6. The recommendations from the committee for
the bond proposition for funds for improve-
ment of the market site, and recommendations
for the market not requiring bond monies.
7. Future plans for the market.
In conclusion, Mr. Renfro requested feedback from the Council
on the various areas he had presented.
The Council discussed the deficit of the market, the initial
capital investment of $50,000 by the county for the market, how
the dealers feel about the market, the size and services offered
by the Dallas Farmer's Market, the agreement between the City of
Allen and Collin County, how the residents feel about the market
and its location, the amount of bond funds proposed for the
market and improvements, how the adjacent property owners feel
about the market in that area, leaving the market at that location
or finding other permanent location within the city, and review
of the city's Master Plan for that use to permanently be at that
location or to be moved elsewhere.
The workshop session was adjourned at 7:30 p.m.
These minutes approved on the 16th day of December
1982.
N� �i � /�
_B. Pierson, MAYOR
1�
Marty Hendrix, C TY SECRETARY
156
ALLEN CITY COUNCIL
Regular Session
December 2, 1982
Present•
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Don Rodenbaugh
Ward Paxton
Dennis Offutt
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 7:36 p.m. on Thursday, December 2,
1982, at Rountree Elementary School, 800 E. Main Street.
CONSENT AGENDA (Agenda Item II)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
approve and adopt all items on the Consent Agenda as
recommended and as follows:
A. Approval of November 18, 1982 Minutes - Regular Session
B. Approval of the execution of a contract between the
City of Allen and Robert F. Burkart for acquisition
of right-of-way for Park Place Drive in the form of
an easement for 1.594 acres of land with renumeration
of $66,929 in credit towards paving assessment by
Mr. Burkart; and an easement for right-of-way for
construction of the Jupiter Road Bridge.
C. Authorization to City Staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program
as follows:
1. Austin Paving Company $ 13,476.37
Contract No. 800705R - Paving
of Bethany Road, Butler Drive,
and Pebblebrook Drive - Payment
No. 15
2. Ronald E. Fix & Associates:
` a. Contract No. 810206R - Con- $ 434.55
(yv' struction of Reed Park -
Engineering and Inspection
Fees for Aug., Sept., Oct., &
Nov.
b. Contract No. 800705R - Paving $ 657.22
of Bethany Road, Butler Drive
and Pebblebrook Drive -
Engineering & Inspection Fees
for November
1q1
ALLEN CITY COUNCIL
December 2, 1982
Page 2
CONSENT AGENDA (continued) (Agenda Item II)
3. G. H. Jaynes & Associates $ 1,500.00
Appraisal of a 30.3082 acre
tract of land, before and after
taking of a 1.594 acre strip,
for Park Place Drive
4. Waller -Spears $ 3,797.75
Contract No. FS 8023 - Con-
struction of Service Center/
City Hall Annex - Butler Circle
Grading
D. Set Public Hearing Date for January 6, 1983 to consider
a request from Allen National Bank for Site Plan Approval.
The motion carried.
End of Consent Agenda
Appointments to Places No. 1, 2,
3, 4, and 5 on the Library Board (Agenda Item III)
Mayor Pierson advised that appointments to the Library Board
were now under consideration due to the adoption of a new Library
Board Ordinance.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Rodenbaugh, the Council voted 7 - 0 to
appoint the following individuals to the Library Board,
with the terms of office to expire as follows:
Name Place No. Terms to Expire
Gayle Boone 1 6/30/85
Nell Box 2 6/30/84
Linda Cravens 3 6/30/85
Andy Kelly 4 6/30/84
Eileen Tollett 5 6/30/85
The motion carried.
Public Hearing: Site Plan Approval Request
First United Methodist Church
Located: State Highway 5
Zoned: Community Facility (Agenda Item IV -A)
Mayor Pierson read the request into the record as follows:
"Consider items related to the First United Methodist Church --
Public Hearing on Site Plan Approval Request."
Ron Workman, Chairman of the Building Committee for the First
United Methodist Church, presented to and spoke before the Council
on the site plan for the First United Methodist Church. This facility
is located on 4.015 acres of land fronting on State Highway 5, ex-
tending back to Jupiter Road, and zoned for community facilities.
Mr. Workman reviewed the color -coded site plan, showing the
master plan of the entire church facility, to be constructed in
four phases of development. Mr. Workman advised of the 30' strip
of land recently purchased for the fire lane and the ingress/egress
to the property, the location of four fire hydrants, the parking lot
area, and detailed the four phases of development as to what facilities
would be housed in those phases.
The Council briefly discussed with Mr. Workman if there would
be ingress/egress from Jupiter Road since the church's property
extends that far back.
iea
ALLEN CITY COUNCIL
December 2, 1982
Page 3
Public Hearing: Site Plan Approval Request
(continued) First United Methodist Church (Agenda Item IV -A)
Mayor Pierson opened the public hearing. No one appeared to
speak either for or against the request. The public hearing was
closed by Mayor Pierson.
The Planning and Zoning Commission had recommended approval
of the site plan as submitted.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve
the site plan for the First United Methodist Church as
presented, and in accordance with the recommendations of
the Planning and Zoning Commission as stated. The motion
carried.
Approval of Preliminary & Final
Plat - First United Methodist Church (Agenda Item IV -B)
Mr. Ron Workman spoke before the Council on the preliminary
and final plat for the First United Methodist Church, but did
not provide a copy to review with the Council.
Bill Petty, Director of Community Development, used the
approved site plan and advised the Council that the plat contained
the utility easements for the property, fire lane easements, fire
hydrants, exterior boundaries of the property, and the ingress/
egress. Mr. Petty also advised that the plat met all of the
requirements and specifications of the Subdivision Ordinance.
Mr. Petty advised that the Planning and Zoning Commission
had recommended approval of the preliminary and final plat for
the First United Methodist Church as presented.
The Council briefly discussed with Mr. Workman the church's
plan to tie onto the existing sewer line in that area and that
fact was confirmed by the plat.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 7 - 0 to approve
the preliminary and final plat for the First United
Methodist Church as presented, and in accordance with
the recommendation of the Planning and Zoning Commission
as stated. The motion carried.
Public Hearing: Site Plan Approval Request
Allen Bowl Addition
Located: State Highway 5
Zoned: PD -SC No. 4 (Agenda Item V-A)
Mayor Pierson read the request into the record as follows:
"Consider Items related to the Allen Bowl Addition --
Public Hearing on Site Plan Approval Request."
Mel Solotorovsky, Project Coordinator for the Allen Bowl
Addition Project, presented to and spoke before the Council on
the site plan approval request for the Allen Bowl Addition,
located on State Highway 5, west of the Windridge Addition, and
zoned Planned Development - Shopping Center No. 4.
Mr. Solotorovsky reviewed the site plan showing the location
of the bowling alley and restaurant building, the access road to
the property running parallel to State Highway 5, ingress/egress
to the property, fire lane easements, landscaping around the
building, and landscaping to the rear of the property on the
drainage easement.
Mr. Solotorovsky explained to the Council the type of bowling
alley and restaurant this facility would provide, exterior finish
of the tilt -wall building, use of landscaping and types of plants
around the building, and the landscaping to the rear of the property.
I `I3
ALLEN CITY COUNCIL
December 2, 1982 Page 4
Public Hearing: Site Plan Approval Request
(continued) Allen Bowl Addition (Agenda Item V-A)
Mr. Solotorovsky also provided an artist's rendering of the
exterior of the building and advised of the proposed signage on
the building.
The Council discussed with Mr. Solotorovsky the location of
the access road off of State Highway 5, the location of this site
in relation to other businesses along Highway 5, the drainage
easement to the rear of the property and the exterior boundaries
of this property, landscaping around the building and to the rear
of the property, maintaining of the landscaping, number of employees,
name of facility, and other operations managed by Mr. Solotorovsky's
company.
Ron Fix, City Engineer, spoke before the Council on the
drainage ditch located to the rear of this property and advised
of the structure of the landscaping and how this experimental
drainage design would work.
City Manager Jon McCarty advised the Council that it was
the city staff's recommendation that if this site plan is approved,
it should be contingent upon the successful execution of a contract
between the City of Allen and the developer on a legal instrument
filed of record as a running covenant with the land involved
guaranteeing the design is of experimental nature and providing
for liability of damages for flooding;and that if the design is
determined to be inadequate, the developer will install proper
drainage design standards required by the city.
The Council discussed the new drainage design criteria,
setting a precedent with this design, how the drainage would flow,
enforcement of the contract, and maintenance of the landscaping.
Mayor Pierson opened the public hearing.
Tracey Martin, 726 Valley View, spoke before the Council
regarding this proposed facility and asked questions per-
taining to the developer acquiring a specific use permit
for a private club.
City Secretary, Marty Hendrix, read a letter into the record
from Reverend David R. Asplin with the Christ the Servant
Lutheran Church regarding this proposed facility (see Attach-
ment No. 1).
With no one else wishing to speak either for or against the
request, Mayor Pierson closed the public hearing.
The Council continued discussion on the zoning of this property
and what uses were permitted under it, who the owner and manager
of this property were, estimated construction time, and the costs
for the construction of the experimental drainage design as opposed
to the city's drainage design standards.
MOTION: Upon a motion made by Councilman Offutt and seconded by
Councilman Paxton, the Council voted 7 - 0 to approve
the site plan for the Allen Bowl Addition as presented,
subject to the recommendation of the city staff for the
successful execution of the contract on the experimental
drainage design, and in accordance with the recommendations
of the Planning and Zoning Commission as stated. The
motion carried.
1R�-
ALLEN CITY COUNCIL
December 2, 1982
Ordinance No. 422-12-82: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Planned Development
Zoning Ordinance No. 369-10-81 to
Include the Attachment of Exhibit "B"
as the Approved Site Plan for Deve-
lopment of a Four (4) Acre Tract of
Land Out of the Rufus Sewell Survey,
Abstract No. 875, Located Adjacent
to State Highway 5, West of the Wind -
ridge Addition, Presently Delineated
on the Official Zoning Map as a
Portion of PD -SC No. 4; Providing for a
Penalty; Providing for an Effective Date;
and Providing for Publication of the
Caption.
Page 5
(Agenda Item V -B)
City Manager Jon McCarty advised the Council that the proposed
ordinance would attach the approved site plan for the Allen Bowl
Addition to the appropriate planned development ordinance for
PD -SC No. 4.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
adopt Ordinance No. 422-12-82 as captioned above. The
motion carried.
Approval of the Preliminary and Final
Plat - Allen Bowl Addition (Agenda Item V -C)
Bill Petty, Director of Community Development, presented to
and spoke before the Council on the preliminary and final plat
for the Allen Bowl Addition.
Mr. Petty reviewed the preliminary and final plat with the
Council and pointed out the 40' wide street right-of-way for
the access road requirement to this property and noted that this
access road would be a dedicated city street and would eliminate
the need for excessive ingress/egress onto State Highway 5. The
access road would also be instituted for other development north
of this property.
Mr. Petty advised that the plat showed the necessary utility
easements, fire lane easements, exterior boundaries and ingress/
egress to the property.
The Planning and Zoning Commission had recommended approval
of the preliminary and final plat as presented.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman McClure, the Council voted 7 - 0 to approve
the preliminary and final plat for the Allen Bowl Addition
as presented, and in accordance with the recommendations
of the Planning and Zoning Commission as stated. The
motion carried.
Consideration of Items Related to
Lone Star Gas Company's Rate Increase
Request (Agenda Item VI)
City Manager Jon McCarty provided a review to date of the
actions by the Council on the Lone Star Gas Rate Increase request
filed on August 6, 1982.
/9S
ALLEN CITY COUNCIL
December 2, 1982
Page 6
Items Related to Lone Star Gas
Rate Increase Request (continued) (Agenda Item VI)
Mr. McCarty advised that at this time Lone Star Gas Company
has taken the option to institute the new rates after posting a
bond with the city. The form of the bond is in the amount of
$7,000. The Council may review the form of the bond and the
amount and the surety company and act upon those items.
Mr. McCarty added that the Lone Star Gas Company had also
provided the additional information requested by the Council at
the last workshop session on the Lone Star Gas rate increase request.
Mike Schweikhard, Manager of Lone Star Gas, was present to
answer any questions.
The Council discussed with city staff and Mr. Schweikhard
the options they have on approval of the bond and on the rate
increase request, placing the consideration of the rate increase
request on the next Council agenda, the action which will result
if the rate increase request is denied, the purpose of the bond,
how the amount of the bond is determined, and when the rate
increase will actually go into effect after the posting of the bond.
City Manager McCarty advised the Council that the city staff's
recommendation is to approve the format and amount of the bond,
with determination of the surety company to be determined by the
city staff.
MOTION: A motion was made by Councilman Daugherty and seconded by
Councilman McClure to table any decision on the bond item
and to bring the Lone Star Gas rate increase request back
for consideration at the Council meeting of December 16, 1982.
AMENDMENT
TO MOTION: A motion was made by Mayor Pro Tem Farmer and seconded
by Councilman Rodenbaugh to amend the main motion to
delete "and to bring the Lone Star Gas rate increase
request back for consideration at the Council meeting
of December 16, 1982." The Council voted five (5) for
and two (2) opposed, with Councilman Daugherty and
Councilman McClure casting the negative votes, in favor
of the amendment to the main motion. The motion carried.
VOTE ON
MAIN MOTION: The Council voted two (2) for and four (4) opposed,
with Councilman Rodenbaugh, Councilman Offutt, Mayor
Pro Tem Farmer, and Mayor Pierson casting the negative
votes and with one (1) abstention from Councilman
Paxton, to table any decision on the bond item.
The motion failed.
The Council continued their discussion on the need to approve
the form of the bond and the amount of the bond, actions which
would result from not considering the bond, and determination of
the amount of the bond.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Mayor Pro Tem Farmer, the Council voted five (5) for
and two (2) opposed, with Councilman Daugherty and Council-
man Paxton casting the negative votes, that the format and
amount of the bond be accepted as presented, with the
surety company to be determined by the city staff. The
motion carried.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Mayor Pro Tem Farmer, the Council voted 6 - 0 (with
Councilman McClure being out of the room) to place con-
sideration of the Lone Star Gas rate increase request
on the City Council Agenda for December 16, 1982 meeting.
The motion carried.
la(
ALLEN CITY COUNCIL
December 2, 1982 Page 7
Items Related to Lone Star
Gas Company's Rate Increase Request (cont'd) (Agenda Item VI)
At the City Manager's request, the City Council by consensus
advised that the consultant, Mr. MCMorries, did not have to be at
the next City Council meeting of December 16th.
Mayor Pierson recessed the regular meeting of the Allen City
Council at 9:01 P.M. The meeting reconvened at 9:15 p.m.
Initiation of Zoning Amendment
on Burkart Property - Park Place Drive (Agenda Item VII)
City Manager McCarty provided the Council with background
information on the history of development of Park Place Drive
and the acquisition for right-of-way of that street and the proposed
realignment.
Mr. McCarty presented a color -coded aerial photo map showing
the realignment of Park Place Drive and how it had created three
small tracts of land all under different zoning districts. Those
tracts being:
MF -1 1.868 acres
TH .686 acres
CF 6.000 acres
This land is located east of Jupiter Road, north of Cottonwood
Creek and northwest of the Ford Middle School site, and is pre-
sently owned by Robert F. Burkart.
Mr. McCarty then presented another aerial photo map of the
proposed change in zoning for those tracts of land, leaving intact
some CF zoning and changing the TH to MF -1. He advised that the
city staff is requesting that the City Council initiate a zoning
amendment by directing the Planning and Zoning Commission to hold
a public hearing on the city staff's recommendation as presented.
The Council discussed the ownership of the property, the
aesthetic appeal of the creek area, the amount of flood plain
in the CF zoning area, and the location of the school site in
relation to the referenced area.
MOTION: Upon a motion made by Councilman McClure and seconded by
Councilman Daugherty, the Council voted 7 - 0 to initiate
a zoning amendment by directing the Planning and Zoning
Commission to hold a public hearing on the proposal pre-
sented by the city staff. The motion carried.
Authorization to Execute
Agreement for Annual Audit
by Ross & Kirby (Agenda Item VIII)
Mayor Pierson advised the Council that he had received the
letter of agreement from Chuck Ross, with Ross and Kirby, con-
cerning the services to be provided to the city in connection
with the 1981 - 1982 annual audit. The Council's approval was
required to execute the letter agreement.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman Offutt, the Council voted 7 - 0 to authorize
execution of the letter agreement between the City of
Allen and Ross and Kirby for the annual audit for 1981 -
1982. The motion carried.
191)
ALLEN CITY COUNCIL
December 2, 1982
Approval of Plans and Specifications
and Authorization to Receive Bids
for Construction of Park Place Drive (Agenda Item IX)
Ron Fix, City Engineer, presented a map of Park Place Drive
and showed the area to be constructed beginning at Jupiter Road
and extending to the existing concrete pavement at the Ford Middle
School site. The estimated construction costs are to be $240,000
for this project, with overall costs to be estimated at $280,000.
Council discussed with city staff the funds owed to the
school district on the street construction for the Ford Middle
School; the status of work being done for paving of the east
portion of Park Place Drive including the preparation of plans
and specifications, acquisition of right-of-way, assessment of
the adjacent property owners, funds to finance that proposed
paving, and the estimated timeframe for making a decision on
that paving project.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
approve the plans and specifications and authorize the
receipt of bids for construction of the west portion of
Park Place Drive. The motion carried.
Tax Report - November 30, 1982 (Agenda Item X -A)
Bob Curtis, Assistant Tax Assessor/Collector, presented to
and spoke before the Council on the Schedule of Taxes Receivable
as of November 30, 1982.
The Council briefly discussed the collection of back taxes
and some pending litigation on property within the city.
The item was received as a matter of information. There was
no action taken on this item.
General Discussion:
City Manager McCarty advised the Council that the called -
special workshop session for the Council and the Planning and
Zoning Commission to be held on December 7, 1982 will be held
at Boyd Elementary School at 7:30 p.m.
City Manager McCarty advised the Council that the North
Central Council of Governments is having their Legislative Dinner
on December 15, 1982 and encouraged the Council Members to attend.
Adjournment
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman McClure, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council at
9:55 p.m. The motion carried.
These minutes approved on the 16th day of December
1982.
Z
2�2�-
M. B. Pierson, MAYOR
Marty Hendrix, 6F
ITY SECRETARY
M