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HomeMy WebLinkAboutMin - City Council - 1984 - 04/19 - RegularALLEN CITY COUNCIL REGULAR SESSION APRIL 19, 1984 Present: Donald P. Rodenbaugh, Mayor Council Members• Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Jim Wolfe Ward Paxton Dennis Offutt City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary At 7:00 p.m. on Thursday, April 19, 1984, the Allen City Council convened to have the photographs taken of the 1983 - 84 Allen City Council and the 1984 - 85 Allen City Council. The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:30 p.m. on Thursday, April 19, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman Offutt 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 City Council Minutes of April 5, 1984 - Regular Session B. Approval of City Council and Planning and Zoning Commission Minutes of April 2, 1984 - Called - Special Workshop Session C. Approval of City Council and Planning and Zoning Commission Minutes of April 3, 1984 - Called - Special Workshop Session D. Approval of City Council Minutes of April 12, 1984 - Called Special Session E. Authorization to City Staff to Pay Bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. J. C. Penney's Department Store $ 59.98 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex - Purchase of Graphics for Lunchroom Area 2. Wilhide Incorporated $185.64 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex - Purchase of Cocktail Table for Front Lobby Area Ilb ALLEN CITY COUNCIL April 19, 1984 Page 2 Plaque -of -Appreciation to Outgoing Mayor Mickey Pierson (Agenda Item III) Newly elected Mayor Rodenbaugh presented a plague -of - appreciation to outgoing Mayor Mickey Pierson, and expressed appreciation to him for his 15 years of service to the city and citizens of Allen as Mayor, Councilman and a Member of the Planning and Zoning Commission. Approval of Replat: Cottonwood Creek Village Phase III 6.8165 Acres Zoning: Shopping Center (SC) Location: Northwest Corner of F.M. 2170 and State Highway 5 Requester: Folsom Investments (Agenda Item IV) Mayor Rodenbaugh advised that the representative from Folsom Investments had not arrived yet at the meeting to present this request. By consensus, the Council moved this item down on the agenda for consideration when the Folsom representative did arrive. IN CONSENT AGENDA (Cont'd) (Agenda Item II) 3. Marquette Lease Services, Inc. $765.75 Contract No. 13216 - Lease/ Purchase of Telephone System for Allen Municipal Annex - April 1984 /// F. Schedule of Taxes Receivable as of March 31, 1984 G. Consolidated Summary of Activities of the Allen Police Department for the Month of March 1984, and the First Quarter of 1984, January through March H. Set May 17, 1984, as Public Hearing Date on a Request to Establish Permanent Zoning of PD (Planned Development) on Approximately 145 Acres Located Adjacent and West of U.S. 75, Adjacent and South of Shelby Drive, as Requested by Stan Itzkowitz, Agent for Charles Forbes I. Set May 17, 1984, as Public Hearing Date on a Request to Establish Permanent Zoning of PD (Planned Development) on Approximately 33 Acres Located Adjacent and North of Exchange Parkway Immediately North of the Intersection of Allen Heights Drive, as Requested by Joel Goldsteen J. Set May 17, 1964, as Public Hearing Date on a Request for Site Plan Approval for Local Retail Center and a Specific Use Permit for Gasoline Sales in Zoning District Planned Development No. 2, which is Located at the Southwest Corner of Allen Heights Drive and F.M. 2170, as Requested by The J. S. Mitchell Company The motion carried. End of Consent Aaenda Plaque -of -Appreciation to Outgoing Mayor Mickey Pierson (Agenda Item III) Newly elected Mayor Rodenbaugh presented a plague -of - appreciation to outgoing Mayor Mickey Pierson, and expressed appreciation to him for his 15 years of service to the city and citizens of Allen as Mayor, Councilman and a Member of the Planning and Zoning Commission. Approval of Replat: Cottonwood Creek Village Phase III 6.8165 Acres Zoning: Shopping Center (SC) Location: Northwest Corner of F.M. 2170 and State Highway 5 Requester: Folsom Investments (Agenda Item IV) Mayor Rodenbaugh advised that the representative from Folsom Investments had not arrived yet at the meeting to present this request. By consensus, the Council moved this item down on the agenda for consideration when the Folsom representative did arrive. IN ALLEN CITY COUNCIL April 19, 1984 Page 3 At this time, the Council returned to consideration of Item IV on the agenda. Approval of Final Plat: Towne Village Addition - 5.309 Acres Zoning: Townhouse (TH) Location: West and Adjacent to Jupiter Road, North of Jupiter Road Park Requester: Goodman Homes (Agenda Item V) / Bill Petty, Director of Community Development, advised the Council that the plat had been reviewed and it met the city's requirements and conformed to the site plan approved on the property. Mr. Petty also stated that since this development backed up to Jupiter Road, this development would be assessed for paving two lanes of Jupiter Road and for the underground drainage that is associated with that paving. Those funds will be collected prior to the development of the property. Dave Whitehead, Vice President of Huitt - Zollars, the engineering firm, presented to and spoke before the Council on the final plat for the Towne Village Addition, located on a 5.309 acre tract of land out of the David Wetsel Survey, Abstract No. 977, lying between the Timber Creek Addition and Jupiter Road, presently zoned Townhouse (TH). Mr. Whitehead advised the Council that this was a town- house duplex development, containing 14 duplex units and one triplex, and reviewed the location of the property. The plat showed the boundaries of the property, the floodway easements of the property, the street dedication for Jupiter Road, the lots, the interior streets of the development, the drainage easements, and utility easements. The Planning and Zoning Commission, at their meeting of April 12, 1984, recommended to the Council that the Final Plat for Towne Village Addition be approved as presented, based upon the fact that the plat is in conformance with the townhouse site plan approved by both the Planning and Zoning Commission and the City Council. The Council discussed with Mr. Whitehead the location of this property, the connection of the existing street of Cedar Elm Lane to the Cedar Elm Lane in this development, the location of the city's animal shelter to this development, and the number of lots to the acre of this development. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to approve the Final Plat for the Towne Village Addition in accordance with the recommenda- tions of the Planning and Zoning Commission, as stated. The motion carried. At this time, the Council returned to consideration of Item IV on the agenda. ALLEN CITY COUNCIL April 19, 1984 Page 4 Approval of Replat: Cottonwood Creek Village Phase III 6.8165 Acres Zoning: Shopping Center (SC) Location: Northwest Corner of F.M. 2170 and State Highway 5 Requestor: Folsom Investments (Agenda Item IV) Bobby Kennedy, with Folsom Investments, presented to and spoke before the Council on the replat of Cottonwood Creek Village Phase III, located on 6.8165 acres out of the Peter Wetsel Survey, Abstract No. 990, lying on the northwest corner of the intersection of F.M. 2170 and State Highway 5, presently zoned Shopping Center. Mr. Kennedy explained to the Council that this was a replat of Cottonwood Creek Village in order to remove a temporary fire lane easement and to establish a 40' sanitary sewer easement along the west side of this property. The replat showed the boundaries of the property, the 40' utility easement, the fire lane easements, other utility easements, and the location of the property. Mr. Kennedy further explained that in order to continue the 40' utility easement past the Wal-Mart property, Folsom's partner in this project, O. B. English, had agreed to provide the 40' utility easement to the north boundary of this Cottonwood Creek Village development. However, as a part of providing this easement, Mr. English did not want to be assessed for the sewer line to be built in that easement. Bill Petty, Director of Community Development, advised the Council that this replat was requested in order to elimi- nate the temporary fire lane easement and to provide for the 40' sanitary sewer easement on this property, and the proposed replat has accomplished those requests. The Planning and Zoning Commission, at their meeting of April 12, 1984, recommended to the Allen City Council that this replat be approved as presented. There was considerable discussion on the 40' sanitary sewer easement requested from O. B. English on the five (5) acres of land located north of the Wal-Mart property and why it was being discussed as part of this item, what Mr. English's part was in this development, who would use the proposed sanitary sewer in the 40' easement, the use of the sewer line for the Cottonwood Creek Shopping Center and who could tie onto that line and who did it serve. Mr. Petty spoke before the Council on the construction of the sanitary sewer line to be constructed in the 40' easement to serve the construction of the apartment complex to be located north of the Cottonwood Creek Shopping Center. In further discussion it was pointed out that the shopping center would not be tying on or using that line because their own line had been constructed in the shopping center to just serve that center. Ernie Hoback, Director of Public Works, spoke before the Council on the existing sewer system for the Cottonwood Creek Shopping Center and the size of this system, and other sewer lines in the area. In further discussion, it was pointed out that the construction of the sanitary sewer in the 40' easement should not be considered as part of this request. M ALLEN CITY COUNCIL April 19, 1984 Approval of Replat: Cottonwood Creek Village Phase III t-*- a) Page 5 (Agenda Item IV) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 7 - 0 to approve the Replat of Cottonwood Creek Village Phase III in accordance with the recom- taw mendation of the Planning and Zoning Commission, as stated. The motion carried. Appearance by Weston Blair Concerning Off -Site and Over- sized Sewer Lines to Serve the Cottonwood Creek Apartment Complex (Agenda Item VI) Weston Blair spoke before the Council on his development of the Cottonwood Creek Apartment Complex, to be located west of State Highway 5 and north of the Cottonwood Creek Shopping Center;. and the need for consideration of an off-site sanitary sewer line running from F.M. 2170 up to the southern boundary of his property and a sanitary sewer line to be constructed on his property. Mr. Blair presented a plat of his property and explained that on November 17, 1983, the plat had been approved by the Council, with instructions for a 36" sanitary line on this property, and the city staff to work with him on funding of construction of this project, since neither he nor the city had the funds available to build this oversized line. The off-site and oversized lines were to be constructed in order to service this property and further development to the north of this property. Mr. Blair advised that he had worked with the city on trying to find a funding mechanism, but they had been unable to reach an agreement on it. Mr. Blair advised that his proposal was to extend the 20' sewer easement on his property to a 40' easement and at this time to construct a 15" sanitary sewer line on this property at the far eastern boundary of the easement as possible to service his apartment complex and to construct 15" sewer line for the off-site construction to F.M. 2170. Then at a later date, when needed, another parallel sewer line would be constructed along side his 15" line to serve the areas to the north. The Council discussed if a portion of the lines would extend out into the creek and Mr. Blair indicated they would not; why the 36" line had been changed to a 15" line; what had happened to the work on funding; and what was city staff's comments on this proposal. City Manager McCarty advised the Council that they had exhausted all methods for trying to find alternate financing of the oversize sewer line and the off-site construction of the sewer line, and due to the special circumstances of this development the city staff was in support of the proposal by Mr. Blair. Mr. Blair also advised that he would like a pro rata ordinance for the 15" sewer line from F.M. 2170 to his south boundary in order to recoup the costs for putting in this line. Mr. Blair reiterated for the Council the fact that he had been advised by the former city engineer that he would need to construct a 15" off-site line and would need a 15" line on his site, which is what he based his financing on. M ALLEN CITY COUNCIL April 19, 1984 Page 6 Appearance by Weston Blair Concerning Sewer Lines (cont'd) (Agenda Item VI) There was considerable discussion on the need for the 36" line on this property for further development to the north; the economics of putting in one 36" line compared to the two parallel lines; holding to the city's first approval of a 36" line on Mr. Blair's property; the difference in oversize costs and a pro rata ordinance; how the lines would be constructed in order that a 36" line can empty into a 15" line; what properties would tie into the 15" off-site line; parallelinq of lines in the city when more capacity is needed; how the city's participation in the oversize line would be financed; how Mr. Blair would finance his portion; and the need to construct a 36" line on this property, with a 15" line for off-site. Mayor Pro Tem Farmer requested that the Allen City Council meeting be recessed at 9:26 p.m. The meeting was reconvened at 9:37 p.m. There was considerable discussion again on the construction of the 36" line and 15" off-site line and the funding of the oversize and the off-site line. MOTION: Upon a motion made by Mayor Pro 'Tem Farmer and seconded by Councilman Paxton, the Council voted 7 - 0 to approve the construction of a 36" sanitary sewer line on the Cottonwood Creek Apartment Complex site, with the City of Allen to participate in the costs for the oversize line; and that Mr. Blair construct the 15" off-site sanitary sewer line from F.M. 2170 to his south property line, and obtain 40' easements for such, and that the city provide for reimbursement of those costs for that 15" line with the use of a pro rata agreement on an area basis for all development that occurs north of this development. The motion carried. Review and Approve Design Plans for Animal Shelter Renovations (Agenda Item VII) Police Chief Richard Carroll spoke before the Council on the proposed renovation plans for the city's animal shelter located northwest of Jupiter Road Park, and provided informa- tion background on the appropriation of funds from the FY 1980 - 1981 and FY 1983 - 1984 budgets. Chief Carroll presented an architect's rendering of the exterior of the building, a floor plan of the facility, the north, east and west elevations of the buildinq and a founda- tion plan of the building. Joe Barton King was the architect on this project. Chief Carroll reviewed the exterior finish of the build- ing, the renovation to the interior of the building which will contain an office area, storage area, area to provide isolation for quarantining, interior dog runs and exterior dog runs, entrances/exits to the building. Chief Carroll advised that the parking area would be covered in crushed white rock, a fence would be built to separate the animal shelter from the other city storage area, and ceiling heaters would provide heat. Chief Carroll also reviewed the foundation plan and explained how the drainage of the facility would be construc- ted and reviewed the other elevations of the buildings. (dl ALLEN CITY COUNCIL April 19, 1984 Page 7 Review and Approve Design Plans for Animal Shelter Renovations (cont'd) (Agenda Item VII) Chief Carroll advised that the city staff's recommendation was that he act as the general contractor in this project and by doing so would hopefully reduce the price and allow the city to stay within the budget allocation. It is acticipated this project would not exceed the budget amount of $13,974. There was discussion by the Council with Chief Carroll on this being the permanent site for the animal shelter, the inclusion of toilet facilities for the Jupiter Road Park at this location, letting the Chief of Police act as a general contractor on this project, and requesting city staff to check into hiring an individual as a consultant and let that person act as a general contractor to subcontract the work out. MOTION: Upon a motion made by Council McClure and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the design plans for the renovation to the animal shelter. The motion carried. Ordinance No. 506-4-84: An Ordinance of the City of Allen, Collin County, Texas, Abolishing the Ad Valorum (Personal Property) Tax on Automobiles for the Tax Year 1984; and Providing for an Effective Date. (Agenda Item VIII) Mayor Rodenbaugh reminded the Council of the discussion with the School Board, at the joint meeting held on March 26, 1984, regarding the elimination of the personal property tax on automobiles, and that both bodies by a straw vote, had decided to proceed with the elimination of that tax. Mayor Rodenbaugh pointed out to the Council that it was just the tax on automobiles. It did not pertain to airplanes, boats, motorcycles, etc. City Manager McCarty reviewed with the Council the wording of the ordinance and advised that at a future date, if the City Council wanted to do so, the personal property tax on automobiles could be reinstated. There was a brief discussion by the Council on the need to raise the ad valorum tax in order to cover the taxes that will be lost with the elimination of the personal property tax on automobiles and the hope that this will not be necessary. The Council also questioned why motorcycles, trucks, etc., could not also be included in this ordinance. City Manager McCarty advised that state law did not allow for them to be eliminated. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Wolfe, the Council voted 7 - 0 to adopt Ordinance No. 506-4-84, as captioned above. The motion carried. Consideration of a Resolution in Support of the Passage by the Texas Legislature of the Pothole Bill Designating Sources of Funding by the Texas Legislature (Agenda Item IX) City Manager McCarty reviewed with the City Council the proposed resolution which, if adopted, would show support of prompt action by the Texas Legislature for increased state highway funding, for passage of the pothole bill by the Texas Legislature, and support increased highway user charges. (2d ALLEN CITY COUNCIL April 19, 1984 Page 8 123 Consideration of a Resolution in Support of Pothole Bill (cont'd) (Agenda Item IX) City Manager McCarty also provided a brief summary of the "Pothole Bill". He advised that the format of the resolution was proposed by the Texas Municipal League. There was considerable discussion by the Council on this proposed resolution and just what the "Pothole Bill" contained, how the state highway monies would be appropriated to the cities, and just how much the increased highway user charges would be. There was discussion on the Mayor writing a letter to the Texas Municipal League stating the city's concern on this bill, or rewriting the proposed resolution. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted 7 - 0 to table indefinitely the proposed resolution. The motion carried. Designation of a Voting Representative for the North Central Texas Council of Governments (Agenda Item X -A) City Manager Jon McCarty advised the Council that it was time for the city to appoint another voting representative to the North Central Council of Governments, as former Mayor Pierson had been designated as the city's representative in the past. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Paxton, the Council voted 7 - 0 to designate Mayor Don Rodenbaugh as the voting representative to the North Central Council of Governments. The motion carried. Institute for Mayors, Council Members and Commissioners (Agenda Item X -B) City Manager Jon McCarty advised the Council of the upcoming Institute for Mayors, Council Members and Commissioners to be held in Corpus Christi, Texas, on June 1 - 3, 1984, and advised the Council that if any of them wish to attend this institute they should contact his office so that arrangements can be made and reservations obtained. This item was received as a matter of information. There was no action taken on this item. Collin County Public Officials Association Meeting (Agenda Item X-C) City Manager Jon McCarty advised the Council of the upcoming meeting of the Collin County Public Officials Associa- tion to be held on Thursday, April 26, 1984, at the Holiday Inn in McKinney, Texas. He reminded everyone to contact his office if they planned to attend this meeting so that reservations can be made. This item was received as a matter of information. There was no action taken on this item. 123 ALLEN CITY COUNCIL April 19, 1984 Page 9 ia4 General Discussion Sound System City Manager Jon McCarty advised the Council that when the Allen Municipal Annex was built, one of the things that the city allowed for in the design was the installation of a sound system. At this time, the city staff would like to proceed with the installation of a sound system. This system would hook up to the recording system and speakers would also be provided in the lobby area. The lobby will serve as an overflow area when the Council Chambers are crowded and when developers are waiting to make their presentations. Mr. McCarty advised the Council that the anticipated cost of this system was under $2,000. The Council briefly discussed the location of the micro- phones and by consensus directed the city staff to proceed with the process. Merit Evaluations Mayor Rodenbaugh advised the Council that April 1st was the date for the Council to do merit evaluations for all of the Council -appointed employees, being the City Manager, City Secretary, and the Tax Assessor/Collector. Mayor Rodenbaugh reminded the Council of the way the evaluations had been conducted in the past by scheduling an Executive Session for discussion and the appointment of a Council Committee to conduct the evaluations with the employees. Mayor Rodenbaugh asked if the Council wanted to proceed in that manner. The Council discussed holding an executive session at the next regular meeting starting at 6:30 p.m. to discuss the reviews, requested that evaluation forms be furnished to the Council for their use and that members of the committee be selected at that session. Weeds and Grass Councilman Paxton brought up for discussion the weeds and grass ordinance and advised the city staff that a real problem existed at the intersection of Bethany Road and the Service Road of U. S. 75. The lot at the northeast corner had a lot of high weeds and grass and they had been there for some time and the problem needed to be corrected. The Council discussed that location being dangerous and perhaps there were others in the city, and the city's need to crack down on the property owners to cut the grass and weeds. The Council also discussed that the ordinance might need to be reviewed and a section added to provide provisions for emergency situations. Traffic Signal at State Highway 5 Councilman Paxton brought up for discussion the instal- lation of the traffic signal at Bethany Road and State Highway 5 and asked what the status was of that project. City Manager McCarty advised the Council that the pro- posed time for installation still seemed to be 1985. Councilman Paxton requested that this project be checked into to see if the city can't speed up the installation of that light since the city has a real need for it. The Council requested that the city staff report back at the next meeting on the information they obtained. ia4 ALLEN CITY COUNCIL April 19, 1984 Adjournment Page 10 1'� , Marty Hendrix, ITY SECRETARY A IPW MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:51 p.m. on Thursday, April 19, 1984. The motion carried. These minutes approved on the 3rd day of MAY 1989. 1'� , Marty Hendrix, ITY SECRETARY A IPW