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HomeMy WebLinkAboutMin - City Council - 1983 - 05/05 - RegularALLEN CITY COUNCIL REGULAR SESSION MAY 5, 1983 Present• Mickey Pierson, Mayor 4 Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack 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 7:35 p.m, on Thursday, May 5, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of April 21, 1983 City Council Minutes - Regular Session B. Authorization to city staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Ronald E. Fix & Associates Contract No. 821004 - Con- struction of Park Place Drive Engineering Fee, Surveying, and Inspection for April 2. Uvalde Construction Company Contract No. 821004 - Con- struction of Park Place Drive Payment No. 1 3. A-1 Rental Hillside Softball Fields Im- provements - rental of manlift condor for placement of netting 4. Barton Graphics, Inc. Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex - frames for name graphics for offices in City Hall Annex The motion carried. End of Consent Agenda $ 3,882.55 $18,696.69 $ 668.28 $ 67.70 ALLEN CITY COUNCIL May 5, 1983 Page 2 Public Hearing: Zoning Change & Site Plan Approval from R-2 to PD for Multi -family use, Shopping Center and Office on 16 acres of land (Agenda Item III -A) Mayor Pierson read the request into the record as follows: 4' "Request for a Zoning Change and Site Plan Approval from R-2 (Residential) to PD (Planned Development) to Include Multi -family, Shopping Center and Office Uses on approx- imately 16 acres located between Greenville Avenue and Jupiter Road, adjacent and south of the First Methodist Church and Jupiter Road Church of Christ." Weston Blair, developer, spoke before the Council on this request. Mr. Blair presented the site plan and provided the Council with copies for their review, including exterior construction elevations of the apartment complexes. Mr. Blair reviewed the site plan showing the apartment buildings on the site, with two tennis courts, swimming pool, parking garages, parking lot areas, two recreational areas, landscaped areas and the site for the office zoning and the site for the shopping center zoning. Mr. Blair advised the Council of the need for luxury apartments in Allen, advised of the quality of the exterior construction of the apartment buildings, the amount of money to be spent on landscaping, and addressed some of the issues brought up by area residents at the public hearing held in April. The Planning and Zoning Commission had recommended, at their meeting of March 10, 1983, approval of this request with the stipulations that, (1) 100% of the screening wall be com- pleted in Phase I and (2) that the engineering specifications and drawings of the masonry screening and a detailed of the evergreen shrub screening be attached to the Site Plan. Mayor Pierson opened the public hearing. The following residents spoke either in opposition to this development and/or asked questions of the developer and the City Council regarding this development: John Walsh, 533 White Oak, presented petitions to the Council containing approximately 300 signatures of residents showing their opposition to this development. Donna Walsh, 533 White Oak Julie Hill, 537 White Oak Jim Hilton, 521 White Oak George Pike, 529 Red Oak Lynn Hilton, 521 White Oak June Fusco, 500 White Oak Debborah Pike, 529 Red Oak Dave Loya, 522 White Oak John King, 541 Bethany Road Mike Hill, 537 White Oak Mary Beth Medo, 503 Willow Oak Robert Lowman, 507 S. Greenville Avenue Wayne Harris, 531 English Oak David Baldwin, 520 White Oak Gerald Giles, 540 White Oak Stuart Warshauesky, 513 Red Oak The following residents spoke before the Council in favor of this development: Pete Ford, 408 Coats Drive Wayne Armand, 600 Spring Willow ALLEN CITY COUNCIL May 5, 1983 Page 3 Public Hearing: Zoning Change and Site Plan Approval from R-2 to PD for Multi -family use, Shopping (continued) Center and Office on 16 acres (Agenda Item III -A) Mayor Pierson closed the public hearing. There was considerable discussion by the City Council on this development and the concerns presented by the residents in opposition to this development. Areas of discussion included the traffic problems on State Highway 5, building the apartments on land already designated for multi -family use, holding up the certificates of occupancy on the apartments until the signalization of the intersection at Bethany Road and State Highway 5 and the reduction of the speed limits on State Highway 5 in this area, the economic impact of these apartments upon the nearby residences, and the number of residents showing their opposition to this request. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Offutt, the Council voted four (4) for and three (3) opposed, with Councilmen Rodenbaugh, Womack, and Mayor Pro Tem Farmer casting the negative votes, to decline this request. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 10:02 p.m. The meeting reconvened at 10:20 p.m. Public Hearing: Site Plan Approval Block A, Lot 4 - Bethany Park Addition 1.34 acres of land (Agenda Item Iii -B) Mayor Pierson read the request into the record as follows: "Site Plan Approval Request on 1.34 acres of land in the Bethany Park Addition." Mr. Larry Hendricks, developer, spoke before the Council on this request. Mr. Hendricks presented the site plan for development of Lot 4, Block A, of the Bethany Park Addition. Mr. Hendricks advised that he is proposing to build 32 multi -family units on this tract of land which is presently zoned MF -2. This property is located on the south side of Bethany Drive and west of and adjacent to the Bethany Drive Preschool. The Planning and Zoning Commission recommended, at their meeting of March 23, 1983, approval of the site plan for multi- family development and that the landscape plan be included as part of the site plan. Mayor Pierson opened the public hearing. No one appeared to speak either for or against the request. The public hearing was closed. Bill Petty, Director of Community Development, advised the Council that the site plan met all of the requirements. MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the Site Plan for Lot 4, Block A, Bethany Park Addition, as presented and in accordance with the recom- mendations of the Planning and Zoning Commission, as stated. The motion carried. ALLEN CITY COUNCIL May 5, 1983 Page 4 Mr. Goodman spoke before the Council on how he should proceed with his request for the development of 35.3 acres of residential development called Willowcreek Estates. Mr. Goodman explained the location of his property and advised that his option to deve- lop this property was contingent on obtaining a zoning amendment change pertaining to the requirement that 758 of the residential homes had to be built and occupied before the light industrial zoned area could be developed. j: Replat of Lot 4 - Bethany Park Addition (Agenda Item IV) Mr. Larry Hendricks, developer, advised the Council of his request to replat Lot 4 of the Bethany Park Addition in order to purchase and develop the 1.34 acre tract of land with multi -family dwellings. City Manager Jon McCarty advised the Council that all deve- lopment along Bethany Road has been required to escrow paving funds for improvements to Bethany Road. Thus, in this development the developer would be required to escrow paving funds based upon the acreage of frontage along Bethany Road. Mr. McCarty advised that the city staff's recommendations are that the pro rata share of paving of the southside of Bethany Road should be escrowed prior to the issuance of a building permit for this development. City Manager McCarty advised the Council there were two recommendations for the Council's consideration. One recommen- dationis for the developer to put up his share of the pro rata costs for paving Bethany Road and the other being the recom- mendation of the Planning and Zoning Commission on the replat. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the city staff's recommendations regarding the escrow of pro rata costs by the developer prior to the issuance of a building permit, as stated. The motion carried. Mayor Pierson advised the Council that the Planning and Zoning Commission had recommended, at their meeting of March 24, 1983, approval of the replat of the Bethany Park Addition to the City of Allen, with the understanding that Lot 4, as submitted on the replat, will become Lots 4 and 5 instead of Lots 3E and 3D. Bill Petty, Director of Community Development, advised the Council that the replat of Lot 4 is necessitated because it will be divided into two lots and the replatting process establishes the exterior boundaries of the properties and in this instance establishes the ingress/egress easements to these properties. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to approve the replat of Lot 4 of the Bethany Park Addition as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Request to Appear from Steve Goodman Concerning a Zoning Amendment (Agenda Item V) Mayor Pierson advised the Council that Steve Goodman, President of Goodman Homes, is requesting appear before the City Council in order to make a request that the City Council initiate a zoning amendment change. Mr. Goodman is requesting to appear before the City Council due to the fact that the City Council placed certain stipulations on the property in Planned Development No. 3. Due to the unusual nature of this request, City Manager McCarty explained to the Council the various ways zoning amendment changes can be initiated and the reasoning behind Mr. Goodman's request to appear before the Council. There was considerable discussion on whether the City Council should hear this request and take any action on it. Mr. Goodman spoke before the Council on how he should proceed with his request for the development of 35.3 acres of residential development called Willowcreek Estates. Mr. Goodman explained the location of his property and advised that his option to deve- lop this property was contingent on obtaining a zoning amendment change pertaining to the requirement that 758 of the residential homes had to be built and occupied before the light industrial zoned area could be developed. j: ALLEN CITY COUNCIL May 5, 1983 Page 5 Request to Appear from Steve Goodman Concerning a Zoning Amendment (cont'd) (Agenda Item V) There was considerable discussion among the City Council on the Council not taking action to initiate this request, but that the property owner, or his designated agent, could initiate the request for a zoning amendment change through the proper channels. Based on the discussion, Mayor Pierson advised that by consensus, the City Council advised that the landowner, or his designated agent, should initiate this request for zoning amendment change. Review Bids on West Side Utility Extension (Agenda Item VI) Mayor Pierson advised that in accordance with the contract between the City of Allen and Belz Enterprises, Inc., the city shall approve the low bidder prior to the awarding of a contract for the construction of all off-site water and sewer systems that will service the Manufacturers' Outlet Mall Site. Ron Fix, City Engineer, presented to the Council the bid tabulation for the west side utility improvements and reviewed the bids received. Mr. Fix advised the Council of the location of the water and sewer lines for the off-site lines and the on-site lines and that the low bidder was HuSCOn in the amount of $989,491.00. Mr. Fix advised that the recommendation was to approve the low bidder on this project. MOTION: Upon a motion made by Councilman Paxton and seconded by (01 Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the low bidder, being Huscon in the amount of $989,491.00, in accordance with the city staff's recommendation, as stated. The motion carried. Approval of Bid and Award of Contract for Jupiter Road Bridge Utility Relocation (Agenda Item VII) Ron Fix, City Engineer, presented to and spoke before the Council on the bids received for the Jupiter Road Bridge Utility relocation. Mr. Fix advised the Council that the low bidder was L. E. Delekta in the amount of $128,285.00 and that the city staff recommended award of the contract to the low bidder. Mr. Fix reviewed with the Council the proposed project costs which were estimated at $115,000 for the Jupiter Road Bridge Utility relocation and $27,000 for the water line on Park Place Drive which was included in this bid and was to be paid for by the Allen Independent School District. The Council briefly discussed the amount of the bid as compared to the estimated budget and the fact that the water line was included in this bid but was to be paid for by the School District. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to award the bid to L. E. Delekta in the amount of $128,285.00, in accordance with the recommendation of the city staff as stated. The motion carried. ALLEN CITY COUNCIL May 5, 1983 Legislative Report L�: (Agenda Item VIII) City Manager Jon McCarty advised the Council that the city staff would be reporting on pending legislation that could have an impact on the City of Allen and that has a good chance of passing in the legislature. Police Chief Richard Carroll spoke before the Council on the following bills, advising of the status of the bill and the impact it could have on the Police Department: H.B. 397 - Police Officer Bill of Rights S. B. 415 - Extended Jurisdiction of Commission on Jail Standards S.B. 413 & H.H. 696 - Check Off Bill S.B. 1239 - Requirement by TCLEOSE for Certification of Dispatchers S.B. 1 - D.W.I. Legislation S.B. 2 - Sarpalius Bill H.B. 1524 - Rules of Evidence in Disciplinary Action S.B. 958 - Allow Fire/Police Political Activities H.B. 1830 - Police/Fire Collective Bargaining: Dispute Referendum The Council discussed with Chief Carroll various aspects of the bills and asked questions regarding them. Ron Gentry, Fire Chief, spoke before the Council on the following bills pertaining to the Fire Department and the Fire Marshal's Office, advising of the status of the bill and the impact it could have on the Fire Department: H.B. 591 - Volunteer Fire Department Entering a Home Rule City H.B. 290 - Use of Portable Beacon Lights by Volunteers H.B. 323 & H.B. 515 - Fire Works S.B. 234 - Sprinker Systems The Council discussed with Chief Gentry various aspects of the bills. Barbara Buehler, Library Director, spoke before the Council on the following bill pertaining to the Library, advising of the status of the bill and the impact it could have on the Library: S.B. 427 and H.B. 822 - Re-establishing the Texas State Library and Archives Commission Mark Thornton, Director of Parks & Recreation, spoke before the Council on the following bill pertaining to the Parks and Recreation Department, advising of the status of the bill and the impact it could have on the city's department: S.B. 325 - Extending the Parks, Recreation & Open Space Fund At the end of the presentations, City Manager McCarty advised the Council that the city staff recommends that the Council authorize the City Manager to communicate their position to the Legislative Delegation and to authorize the City Manager to provide input in behalf of the city, when necessary, in response to bills or amend- ments to bills that the Council has not yet taken an official position on. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to approve the city staff's recommendation as stated. The motion carried. ALLEN CITY COUNCIL May 5, 1983 Page 7 Ordinance No. 437-5-83: An Ordinance of the City of Allen, Collin County, Texas, Changing the Name of a Portion of Hawthorne Drive, Particularly That Portion Located in the Collin Square Subdivision, a Subdivision of Allen, Texas, to Hawthorne Circle so as to Avoid Confusion with Other Similar Named Streets in Allen, Texas, and for the Safety and General Welfare of the City of Allen's Inhabitants; Amending all Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an Effective Date. (Agenda Item IX) City Manager Jon McCarty advised the Council of the proposed ordinance and the need to change the name of the street from Hawthorne Drive to Hawthorne Circle in the Collin Square Sub- division in order to not create confusion with the existence of the same street numbers on Hawthorne Drive. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adopt Ordinance No. 437-5-83 as captioned above. The motion carried. Tax Report - April 30, 1983 (Agenda Item X -A) Walter Curtis, Tax Collector, presented to and spoke before the Council on the Schedule of Taxes Receivable as of April 30, 1983. The Council briefly discussed the percentage of collection rate being at 95.858. This item was received as a matter of information. There was no action taken on this item. Allen Cemetery Association Request for Assistance (Agenda Item X -B) City Manager Jon McCarty advised the Council of the corres- pondence received from Ed Lynge, President, of the Allen Cemetery Association and Dale Holt, Secretary -Treasurer, requesting assistance from the city in constructing proper drainage across the east gate of the cemetery and a bar ditch on eastward to the high bank of Cottonwood Creek. Bill Petty, Director of Community Development, spoke before the Council on his communications with Ed Lynge regarding this matter, the work that needs to be done to accomplish this drainage, and the city staff's concern that city employees would be working on private property. Mr. Petty advised that the Street Department workers and Parks and Recreation Department workers could probably help remove the old fence and clear out the brush, shrubbery and v debris, however, the city did not have the equipment needed to do the drainage work. In his conversations with Mr. Lynge, Mr. Petty advised that perhaps this could be advertised as a community project and seek the help of volunteers to work on this project. The Council discussed the city providing help in this matter, asking the county for the use of the necessary equipment to do the drainage work, and asking the newspaper to seek the com- munity's participation in this project. Based on the discussions, it was the consensus of the City Council that the city staff proceed with the work to help the Allen Cemetery Association with their request. jr/ ALLEN CITY COUNCIL May 5, 1983 Page 8 Results of City Vehicle Auction (Agenda Item X-C) City Manager Jon McCarty advised the Council that the city had sold five of the city's vehicles in the countywide auction held in McKinney on April 30, 1983 and the city received $5,525.00 before commissions. 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 Womack and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council into Executive Session at 12:19 a.m. The motion carried. Executive Session In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S, Sections 2(f) and 2(g), the Allen City Council convened into Executive Session at 12:22 a.m. on Friday, May 6, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle, to discuss matters pertaining to property and personnel. The Executive Session was adjourned at 1:15 a.m. These minutes approved on the 19th day of MAY 1983. M. B. Pierson, MAYOR Marty Hendrix, ITY SECRETARY r41L