Loading...
HomeMy WebLinkAboutMin - City Council - 1984 - 01/05 - RegularALLEN CITY COUNCIL REGULAR SESSION JANUARY 5, 1984 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Don Rodenbaugh Ward Paxton Absent• 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 7:34 p.m. on Thursday, January 5, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Mayor Pierson recognized Cub Scout Webelo Pack 307, who were observing at the Council Meeting. CONSENT AGENDA (Agenda Item II) At the request of Mayor Pierson, Consent Agenda Item "C" was removed for individual consideration. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 6 - 0 to approve and adopt all remaining items on the Consent Agenda as follows: A. Approval of the City Council Minutes of December 15, 1983 - Regular Session. B. Authorization to City Staff to pay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. Allen Independent School District $ 140.00 Contract No. FS8023 - Construction of Service Center/ City Hall Annex Hydromulch for median area Landscaping - Allen Municipal Annex 2. K. Van Bourgondien & Sons, Inc. $ 297.85 Contract No. FS8023 - Construction of Service Center/ City Hall Annex Flowers for Landscaping - Allen Municipal Annex ALLEN CITY COUNCIL January 5, 1984 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 3. Cannon's Grass & Tree $ 27.00 Contract No. FS8023 Construction of Service Center/ City Hall Annex Tiff Grass for Landscaping - Allen Municipal Annex 4. Whirlpool Corporation $2,020.50 Contract No. FS8023 Construction of Service Center/ City Hall Annex Refrigerator, Microwave Oven & 2 Ice Makers for Lunchroom Area - Allen Municipal Annex a' 5. Langley Plumbing Company $ 90.06 Contract No. FS8023 Construction of Service Center/ City Hall Annex Plumbing Costs for Installation of Two Ice Makers for Lunchroom Area - Allen Municipal Annex 6. C & W Electric Supply $ 86.40 Contract No. FS8023 1.06 Construction of Service Center/ City Hall Annex Electrical Work and Supplies for Installation of Kitchen Equip- ment in Lunchroom Area - Allen Municipal Annex 7. Allen Lumber $ 1.80 Contract No. FS8023 Construction of Service Center/ City Hall Annex Materials for Installation of Kitchen Equipment in Lunchroom Area - Allen Municipal Annex 8. Ronald E. Fix & Associates $ 426.11 Contract No. 820503C Construction of Utilities for Jupiter Road Bridge - Inspection and Engineering Fees - November 1983 9. L.E. Delekta, Inc. $19,860.88 Contract No. 820503C Construction of Utilities for Jupiter Road Bridge - Payment No. 5 and Final Payment The motion carried. End of Consent Agenda set January 19, 1984 as Public Hearing Date on a Request to Establish Permanent Zoning of PD (Planned Development) on a 97 Acre Tract of Land, Located at the Northeast Corner of Malone Road and (Consent F.M. 2170. Agenda Item II -C) Mayor Pierson advised that this item was removed from the Consent Agenda in order to correct the public hearing from January 19, 1984 to February 2, 1984 in order to meet the a' ALLEN CITY COUNCIL January 5, 1984 Page 3 Set January 19, 1984 as Public Hearing Date on a Request to Establish Permanent (Consent Agenda Zoning of PD on 97 Acre Tract (cont'd) Item II -C) requirements of the city's Comprehensive Zoning Ordinance by being able to give proper 15 days notice prior to the public hearing. Setting the date for January 19, 1984 did not allow for proper time to give notice. There was considerable discussion by the City Council on the setting of this public hearing date, the expressed interest and concern on this item by the Lovejoy School Dictrict, holding a joint meeting with the Lovejoy School District, the Allen School District and the Allen City Council to discuss this interest and concern, and what date would be appropriate for a public hearing. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to set the public hearing date for Thursday, February 16, 1984, and to set un a meeting to work with the Lovejoy School District Board and the Allen Independent School District Board prior to that public hearing date. The motion carried. At this time, Robert L. Puster, the Superintendent of the Lovejoy School District, spoke briefly before the City Council regarding their interest to meet with the City Council regarding the Omni development and their concerns. Mr. Puster handed a copy of the Preliminary Long Range Planning Analysis of Growth for the Lovejoy Independent School District to the Mayor for the city's review and use in that upcoming meeting. Public Hearino: Request for Site Plan Approval on 1.5 Acres Zoning: PD -SC No. 4 Location: Northeast Corner of Ridgemont Drive & State Highway 5 Requestor: Allen National Bank (Agenda Item III) and Ordinance No. 484-1-84: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 424-1-83 of the City of Allen, Texas, and Amending Planned Development Zoning Ordinance No. 369-10-81 to Include the Attachment of Exhibit "C" as the Approved Amended Site Plan for Development of a One and One -Half (1.5) Acre Tract of Land Out of the Rufus Sewell Survey, Abstract No. 875, Located at the Northeast Corner of Ridgemont Drive and State Highway 5, Presently Delineated on the Official Zoning lisp as a Portion of PD -SC No. 4; 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 on a Request by Allen National Bank to Amend an Approved Site Plan on 1.5 Acres, Located at the Northeast Corner of Ridqemont Drive and State Highway 5." J ALLEN CITY COUNCIL January 5, 1984 Page 4 Public Hearing: Request for Site Plan Approval and Ordinance No. 484-1-84 (cont'd) (Agenda Item III) At this time, Mayor Pierson advised the Council that in accordance with Article 988b, V.T.C.S., the Conflicts of Interest Statute, he would be abstaining from consideration of this request and had filed the proper executed affidavit with the City Secretary. Mayor Pierson turned the meeting over to Mayor Pro Tem Farmer. Joe Barton King, architect, presented to and spoke before the Council on the proposed amended site plan for an addition to the Allen National Bank, located on a 1.5 acre tract of land out of the Rufus Sewell Survey, Abstract No. 875, being the northeast corner of Ridgemont Drive and State Highway 5. Mr. King explained the amended site plan showing the addition to the existing bank building and advised that the addition would be used for additional offices, a meeting room and a vault area. The site plan also showed the increased parking area and access area around the building to an island area for 24-hour banking services. Also, Mr. King presented a color -coded landscape plan of the site. Mayor Pro Tem Farmer opened the public hearing. No one appeared to speak either for or against this request. Mayor Pro Tem Farmer closed the public hearing. The Planning and Zoning Commission, at their meeting of December 8, 1983, recommended to the City Council that the amended site plan be approved as presented. Bill Petty, Director of Community Development, advised that the site plan met all of the city's zoning and code requirements. The Council briefly discussed with Mr. Petty the amount of landscaping required for this development and the setback area for landscaping. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Womack, the Council voted five (5) for, none (0) opposed, and one (1) abstention, with Mayor Pierson casting the abstaining vote, to approve the site plan as presented and in accordance with the recommendations of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 484-1-84, as captioned previously. The motion carried. Mayor Pro Tem Farmer turned the meeting back over to Mayor Pierson. Approval of Final Plat - Phase I Country Meadow Addition Location: Southwest Corner of the Intersection of Exchange Boulevard and Malone Road Requestor: Murray Development (Agenda Item IV) Bill Petty, Director of Community Development, spoke before the Council on the sewering capabilities for this development as well as the extension of Rivercrest Boulevard to Malone Road. Mr. Petty also advised that some minor engineering changes had been made and were subject to review by the city's consulting engineers. Thus, the city staff is recommending approval of the plat, subject to final approval by the engineers. I ALLEN CITY COUNCIL January 5, 1984 Page 5 Approval of Final Plat - Phase I Country Meadow Addition (cont'd) (Agenda Item IV) Elton Geeslin, Vice President - Engineering and Development with the Murray Development Company, presented to and spoke before the Council on the Final Plat for Phase I of the Country Meadow Addition, located in the Peter Fisher Survey, Abstract No. 324, being a portion of a 183 acre development. The plat showed the lot layouts for residential development, streets, and utility easements. Mr. Geeslin advised of the location of the model homes, the phase of construction, and the number of developers to build in this subdivision. Bill Petty advised that the final plat met all of the requirements of the Planned Development ordinance for this area. The Planning and Zoning Commission, at their meeting of December 22, 1983, recommended to the City Council that the Final Plat for Phase I - Country Meadow Addition, be approved as presented subject to the engineering approval by city staff. The Council discussed with Mr. Geeslin the entrance to this development from Exchange Parkway. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Rodenbaugh, the Council voted 6 - 0 to approve the Final Plat on Phase I of the Country Meadow Addition in accordance with the recommendations of the Planning and Zoning Commission and city staff, as stated. The motion carried. Approval of Final Plat Clearview Estates Location: Southwest Corner of the Intersection of F.M. 2170 and Malone Road Requestor: Robert L. Carr (Agenda Item V) Bill Petty, Director of Community Development, spoke before the Council on the Final Plat for Clearview Estates and the fact that there were still some minor engineering changes which needed to be made and approved by the city's consulting engineer. Mr. Petty advised that due to the lack of time to make those necessary changes and obtain review and approval by the consulting engineer, the developer had requested approval of the plat with the stipulation that the development permit not be issued until the engineer had given final approval. Therefore, it was the city staff's recommendation that if the plat is approved, that it be subject to the development permit not being issued until final approval of the plat by the engineer. Robert L. Carr and Tom Harris were present to present this plat. Tom Harris, with Starnes & Associates, spoke before the Council on the Final Plat for Clearview Estates, located in the William Snyder Survey, Abstract No. 821, being 41.7105 acres. The plat showed the lots for residential development, street layout, ingress/egress to this development, and utility easements. The Planning and Zoning Commission, at their meeting of December 22, 1983, recommended to the City Council that the Final Plat for Clearview Estates be approved as presented, subject to final engineering approval by city staff. 5 ALLEN CITY COUNCIL January 5, 1984 Page 6 Approval of Final Plat - Clearview Estates (cont'd) (Agenda Item V) MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the Final Plat for Clearview Estates as presented and in accordance with the recommendations of the Planning and Zoning Commission, as stated; and in accordance with the recommendations of the city staff that the development permit not be issued until final approval by the engineer. The motion carried. Approval of Preliminary & Final Plat - Park Center Location: Northeast Corner of the Intersection of F.M. 2170 and Fountain Park Drive Requestor: Mike Williams (Agenda Item VI) Bill Petty, Director of Community Development, advised the Council that all of the engineering for the Park Center develop- ment had been reviewed and approved by the consulting engineer. Mike Williams, developer, presented to and spoke before the Council on the Preliminary and Final Plat for the Park Center retail development located in the Peter Wetsel Survey, Abstract No. 990, being 0.9852 acres of land. The plat showed the ingress/egress to the property, fire lane easement, utility easement, and the boundary of the property. The Planning and Zoning Commission, at their meeting of December 22, 1983, recommended to the City Council that the Preliminary and Final Plat for Park Center be approved as presented. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Rodenbaugh, the Council voted 6 - 0 to approve the Preliminary and Final Plat for Park Center in accordance with the recommendations of the Planning and Zoning Commission, as stated. The motion carried. Approval of Preliminary and Final Plat - Vita/Boon Development Location: Allen Drive - north of the Old Donation Requester: Dr. Anthony E. Vita and Dr. E. T. Boon (Agenda Item VII) Dr. Michael Mason was present to speak before the Council on the plat. Since Dr. Mason did not have a copy of the plat, a copy of the plat had to be found for presentation. Mayor Pierson recessed the regular session of the Allen City Council at 8:25 p.m. The meeting reconvened at 8:34 p.m. Bill Petty, Director of Community Development, advised the Council that this was the preliminary and final plat of property owned by Drs. Vita and Boon to be platted into three separate lots, with Lot 3 to be the site of a medical building. Due to the ingress/egress to this site, the owners were also requesting, as part of this plat, that the city abandon street right-of-way of 0.0397 acres of land. 6 ALLEN CITY COUNCIL 7anuary 5, 1984 Page 7 Approval of Preliminary and Final Plat - Vita/Boon Development (cont'd) (Agenda Item VII) Mr. Petty pointed out the problems with the determination of the ingress/egress to this property due to the curve in Allen Drive. He also advised of the sewering requirements for this property for now and the future; that all of the engineering had been reviewed and approved; and that the plat met all of the city's requirements. The Council reviewed the plat and it was pointed out that the street dedication of right-of-way for Allen Drive was not indicated on the plat properly and that it needed to be corrected. The Council further discussed the ingress/egress to this property from Allen Drive and the visibility factor in that area for now and future development. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 6 - 0 to approve the Preliminary and Final Plat for the property owned by Drs. Vita and Boon, in accordance with the recommendations of the Planning and Zoning Commission, as stated, subject to the correction of the plat to show the street dedication of right-of-way for Allen Drive; and to approve the abandonment of the 0.0397 acres of street right-of-way to the property owners as requested on the plat. The motion carried. Approval of Preliminary and Final Plat - Eagle Plaza Shopping Center Location: Southeast Corner of the Intersection of F.M. 2170 and Jupiter Road Reguestor: Dal -Tex Development Company (Agenda Item VIII) Steve Clowe and Keith Clowe, with Dal -Tex Development Company, along with John Carpenter, engineer, were present to present this request. Bill Petty, Director of Community Development, advised the Council of the drainage problem in this area and the two options open to this developer to solve the problem. Mr. Petty explained that they could either construct a large open drainage ditch to carry the water or go ahead and construct the box culvert needed when Jupiter is improved and widened. A portion of the cost for this construction would then be recovered through an assessment of the adjacent property owner. Mr. Petty also advised of the future widening of F.M. 2170 and the need for an additional ingress/egress to this develop- ment. A letter had been provided from Dal -Tex Development stating that a future median cut is provided north of this project. This letter is to be filed with the record plat. It was the city staff's recommendation that if the plat is approved, it be subject to final approval of the drainage plans by the consulting engineer. John Carpenter presented to and spoke before the Council on the Preliminary and Final Plat for the. Eagle Plaza Shopping Center located in the David Wetsel Survey, Abstract No. 977, being 6.260 Acres of land. The plat showed the boundaries of the property, the dedication for street right-of-way, fire lane easements, utility easements, and ingress/egress to the property. 7 ALLEN CITY COUNCIL January 5, 1984 Page 8 Approval of Preliminary and Final Plat - Eagle Plaza Shopping Center (cont'd) (Agenda Item VIII) The Planning and Zoning Commission, at their meeting of December 22, 1983, recommended to the City Council that the Preliminary and Final Plat for the Eagle Plaza Shopping Center be approved as presented, subject to final engineering approval by city staff. tlbow The Council discussed the drainage problem and the con- struction of the box culvert, and the difference between the assessment for street and drainage construction versus pro rata agreement. MOTION: Upon a motion made by Councilman Rodenbauqh and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the Preliminary and Final Plat for the Eagle Plaza Shopping Center as presented, in accordance with the recommendation of the Planning and Zoning Commission, as stated; and in accordance with the recommendation of the city staff, as stated. The motion carried. Approval of Final Site Plan for Dental Office on .2693 Acres out of 4.437 Preliminary Site Plan Location: Southeast Corner of the Intersection of S.H. 5 and Exchange Parkway Requestor: Dr. David Bishop/ James Crow Zoned: LR (Local Retail) (Agenda Item IX) Mr. James Crow, Sr. and his son, along with Dr. David Bishop, were present to present this request. Bill Petty, Director of Community Development, advised the Council that the final site plan was a .2693 acre tract out of the 4.437 acres of land zoned Local Retail. A Preliminary Site and Development Plan had been prepared for the entire 4.437 acre tract to see the scheme of development in relation to the small .2693 acre tract and to determine ingress/egress to the property. Mr. Petty reviewed the ingress/egress to the property and the area for parking. Mr. Crow presented the final site plan of the .2683 acres, showing the location of the building on the lot, ingress/egress, and parking. Mr. Crow is selling this lot to Dr. David Bishop and it was noted that at the time of paving of Exchange Parkway, this property was subject to a pro rata share of that paving cost. The city has filed a lien on this property for those costs incurred. The city staff's recommendation in regards to the existing lien on the property for the pro rata share of the paving of Exchange Parkway would be to make the approval of the final plat subject to payment in the amount due prior to the time of filing this plat with the county for record. The Planning and Zoning Commission, at their meeting of December 22, 1983, recommended approval of the Final Site Plan on .2693 acres and the Preliminary Site and Development Plan on the entire 4.437 acres of land. 9 ALLEN CITY COUNCIL January 5, 1984 Page 9 Approval of Final Site Plan - Dental Office (cont'd) (Agenda Item IX) The Council discussed the city staff's recommendation on the holding of the plat until the assessment had been paid and it was determined that that would not be necessary since this lien would have to be paid before the property can change hands. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to approve the Final Site Plan on .2693 acres, out of the 4.437 acres of the Preliminary Site and Development Plan, for the dental office as presented, and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Approval of Preliminary and Final Plat - Dental Office on .2693 Acres of Land Location: Southeast Corner of the Intersection of S.H. 5 and Exchange Parkway Requestor: Dr. David Bishop (Agenda Item X) Mr. James Crow, on behalf of Dr. David Bishop, presented the Preliminary and Final Plat for the .2693 acre tract of land out of the Lewis Wetsel Survey, Abstract No. 978. The plat showed the boundaries of the property, the street dedication for right- of-way, drainage and utility easement, and an access easement. Hill Petty, Director of Community Development, advised that this plat met all of the city's requirements. The Planning and Zoning Commission, at their meeting of December 22, 1983, recommended to the City Council that the Preliminary and Final Plat for the .2693 acres be approved as presented. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the Preliminary and Final Plat for the .2693 acres as presented and in accordance with the recommenda- tions of the Planning and Zoning Commission, as stated. The motion carried. Ordinance No. 485-1-84: An Ordinance of the City of Allen, Collin County, Texas, Changing the Name of a Portion of Ridgemont Drive, Particularly that Portion Located From Its Intersection with Highway 5 to Its Intersection withthe Frontage Road at U.S. Highway 75, in the Texet Addition to the City of Allen, Texas, to Texet Drive; Amending All Ordinances or Portions of Ordinances in Conflict Herewith; and Providing for an Effective Date. (Agenda Item XI) Mayor Pierson advised of the proposed ordinance to rename a portion of Ridgemont Drive to Texet Drive, from State Highway 5 to the Frontage Road of U.S. 75, and the action of the City Council at the last meeting on this item. 9 ALLEN CITY COUNCIL January 5, 1984 Page 10 Ordinance No. 485-1-84: An Ordinance to Rename a Portion of Ridgemont Drive to Texet Drive (cont'd) (Agenda Item XI) MOTION: A motion was made by Councilman Womack and seconded by Councilman McClure that the proposed ordinance not be adopted. The Council voted two (2) in favor of the motion and four (4) opposed, with Mayor Pierson, Mayor (v Pro Tem Farmer, and Council Members Rodenbaugh and Paxton casting the negative votes. The motion failed. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted four (4) in favor of the motion and two (2) opposed, with Council Members Womack and McClure casting the negative votes, to adopt Ordinance 485-1-84, as captioned previously. The motion carried. Update on Weather Related Service Delivery Problems (Agenda Item XII -A) City Manager Jon McCarty advised the City Council that the city staff was going to report on the problems that the city incurred during the cold weather conditions experienced during the latter part of December. Ernie Hoback, Director of Public Works, advised the Council of the damage which occurred to the water mains, fire hydrants and water meters in the city, the location of the breaks, the costs for repair and/or replacement, and costs for overtime for the employees to make repairs. Bill Petty, Director of Community Development, advised the Council of the work of the Street Department in sanding the streets, obtaining the needed sand, and cost for overtime for employees to sand the streets. City Manager McCarty advised the Council of the number of water breaks in the homes and the response of the Fire Department to those calls. Mr. McCarty also advised the Council of the solid waste collection problems experienced during the holidays and this cold weather by SCA, the solid waste contractor, and the work to correct those problems. The Council commended the city staff on the work done during those adverse weather conditions and requested that letters be written by the Mayor to those individuals who put forth that extra effort to respond and resolve those weather-related problems. This item was received as a matter of information. There was no action taken on this item. Update on Capital Improvement Fees (Agenda Item XII -B) City Manager Jon McCarty reminded the Council of the recent ordinance adopted by the city regarding the collection of development fees for water and sewer capital improvements costs and pointed out that the plats approved by the Council at this meeting represented the first developments to fall under that new ordinance. /J ALLEN CITY COUNCIL January 5, 1984 Page 11 Update on Capital Improvement Fees (cont'd) (Agenda Item XII -B) Ernie Hoback, Director of Public Works, advised the Council of the development fees that would be collected for each of the developments presented to the Council at this meeting. City Manager McCarty reminded the Council of discussions held at the Budget Retreat pertaining to a need to perhaps increase the water and sewer rates, however, with the collection of these development fees it would appear that a request to increase the rates will not have to be made within this budget year. The Council briefly discussed with Mr. Hoback how the developers felt about paying this new fee and if there had been any negative reactions. This item was received as a matter of information. There was no action taken on this item. General Discussion: Mayor Pierson suggested to the Council and the city staff that the Director of Community Development take a look at an alternate way to acquire street equipment and that would be to check on rebuilt or reconditioned street equipment rather than the purchase of new equipment. Councilman Womack indicated to the Council that some thought be given by the Council on not considering the final plats on developments until all of the engineering had been approved by city staff, rather than approving a plat subject to approval of engineering. Adjournment MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 9:45 p.m. on Thursday, January 5, 1984. The motion carried. These minutes approved on the 19th day of January , 1984. i PSR Pierson. MAYOR \�,�y' �/ Marty Hendri CITY SECRETARY