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HomeMy WebLinkAboutMin - City Council - 1984 - 08/02 - RegularALLEN CITY COUNCIL REGULAR SESSION August 2, 1984 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Jim Wolfe Ward Paxton Absent: Dennis Offutt City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Executive Session In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(g), the Allen City Council convened into Executive Session at 7:00 p.m. on Thursday, August 2, 1984, in the Conference Room of the Allen Municipal Annex, One Butler Circle, ` Allen, Texas, in order to discuss matters pertaining to personnel. (�v The Executive Session adjourned at 7:30 p.m. Regular Session The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:41 p.m. on Thursday, August 2, 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 McClure and seconded by Councilman Womack, the Council voted 6 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of July 19, 1984 - Regular Session. B. Authorization to city staff to pay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. Ram Construction Company, Inc. $4,833.25 Contract on Traffic Light at Bethany Road and State Highway 5 with State Highway Department - Grade and compact for asphalt connection of roadway on Bethany Road, with installation of two inch hot mix asphalt binder course and asphalt surface course. RM ALLFN CITY COUNCIL August 2, 1984 CONSENT AGENDA (cont'd) Page 2 (Agenda Item II) 2. Ronald E. Fix & Associates $ 291.00 Contract for Traffice Light at Bethany Road and State Highway 5 with State Highway Department - Construction staking, curve design and grade calculations for asphalt connection of roadway on Bethany for period 7/20 - 7/23/84. 3. Shimek, Jacobs & Finklea $ 638.17 Services through June 30, 1984, in connection with Bank Protection Of Rowlett Creek near Cottonwood Creek Sewer Crossing 4. Ronald E. Fix and Associates $ 449.50 Contract No. 821004 - Construction of Park Place Drive - Inspection Fee and Engineering Fee for Period 6/25 - 7/25/84 5. Uvalde Construction Company $1,931.85 Contract No. 821004 - Construction of Park Place Drive - Payment No. 15 Set August 16, 1984, as Public Hearing Dates for a Request to Annex 300.68 Acres of Land Located South of State Highway 121, North and South of Rowlett Road, and East of F.M. 2478. D. Resolution No. 531-8-84(R): A Resolution Adjusting Accounts, Cancelling Accounts, and Adding Property to the 1983 Tax Roll of the City of Allen, Collin County, tw Texas. E. Resolution No. 532-8-84(R): A Resolution Of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1983 Tax Roll and a Refund Issued for Overpayment of 1983 Taxes. The motion carried. End of Consent Agenda Tabled Item: Request to Establish Permanent Zoning of Zoning: Planned Development (PD) on 434± Acres of Land Location: Southwest Corner of F.M. 2170 and U.S. 75 Requestor: Tomlin Properties (Agenda Item III) MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Womack, the Council voted 6 - 0 to remove this request form the table. The motion carried. Dave Dennison, representing Tomlin Properties, spoke before the Council on the changes that had been made to the land use plan per the discussions held at the Council meeting of July 19th. Mr. Dennison presented a new color -coded land use plan and new use regulations and reviewed each individual change that had been made to the plan with the Council. ►" ALLEN CITY COUNCIL August 2, 1989 Page 3 Tabled Item: Request to Establish Permanent Zoning of PD on 939± Acres Requestor: Tomlin Properties (cont'd) (Agenda Item III) The changes included a change in the ratio of floor area of all buildings to total land area shall be maximum of 2:0 east of the proposed Watters Road and 1.5:1 west of the proposed Watters Road; the 100 year flood plain area had been delineated on the land use plan and would be reserved from development pending a flood plain study by the city, which includes approximately 29 acres, however it would be used in the calculation of the floor area ratio; delineation of the location of the school/park site in Tract 3-B in the amount of approximately 9 acres to be dedicated to the city, if any additional land is needed then it will have to be pruchased from Tomlin Properties; the minimum dwelling size of the multi -family district has been defined with 508 of the total units not to be less than 850 square feet, and no more than 15% of the units may be under 700 square feet; the reduction of density in the medium density residential Tract 5A, and the increase and extension of Tract 6 single-family residential; the addition of the open space requirement in the medium density residential; the designation of the small lake area in Tract 5A as privately owned open space; the distribution of dwelling units size in Tract 8 to include 36% would be 2,500 square feet or greater, 368 would be 2,000 square feet or greater, and 288 would be 1,800 square feet or greater; and providing for right-of-way for F.M. 2170 and other thoroughfares surrounding this development and in the development. There was considerable discussion by the Council with Mr. Dennison on the comparison of this development to the Folsom Development approved under a prior planned development; the use of cumulative zoning along U.S. 75, discussions on the traffic counts, the minimum floor plan for the multi -family areas, on the floor area ratio being 1 to 1 in accordance with the city's zoning ordinance, the need to be more specific on the zoning districts along U.S. 75, and the problems other cities have experienced in the proposed zoning. There was lengthy discussion on the proposed uses in the commercial districts and their uses not being compatible. Mr. Dennison discussed with the Council how the zoning could be more tied down, with the need of flexibility, and reviewing the use regulations and deleting the uses that were not favorable to the Council. Jack Hatchell, Traffic Engineer with Barton-Aschman Associates, Inc., and a City Councilman in Plano, spoke before the Council on zoning problems occurring in Plano and the zoning issues in Dallas. MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to table this request. The motion carried. Mr. Dennison then queried the Council on how he should proceed to resolve the problems with the commercial zoning district and advised he would like to contact each of the Council Members and discuss their feelings before the next Council Meeting. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 9:19 p.m. The meeting reconvened at 9:29 p.m. ALLEN CITY COUNCIL August 2, 1984 Page 4 Public Hearing: Request to Rezone Approximately 179 Acres of Land from PD No. 17 Zoning: to PD (Planned Development) and to Permanently Zone Approximately 45 Acres of Land to PD (Planned Development) Location: Northwest Corner of F.M. 2170 and U.S. 75 Requestor: Shelley Realtors - Bray Central I (Agenda Item IV) Mayor Rodenbaugh read the request into the record as follows: Public Hearing: Consider a Request to Rezone Approximately 179 Acres of Land from PD No. 17 to PD (Planned Development) and to Permanently Zone Approximately 45 Acres of Land to PD (Planned Development) Located at the Northwest Corner of F.M. 2170 and U.S. 75." Craig Curry, with Nelson Engineering, spoke before the Council on this planned development request of 179 acres out of the W. J. Jackson Survey, Abstract No. 484, the William Perrin Survey, Abstract No. 708, the A. B. Perrin Survey, Abstract No. 713, and the John Fyke Survey, Abstract No. 325, and 45 acres of land out of the Catherine Parsons Survey, Abstract No. 711, and presented the land use plan for this development known as Bray Central I. Mr. Curry advised of the location of the property, the thoroughfares and the change in routing of Watters Branch Road, the zoning use districts, the densities on the tracts, the site of water tower location, and reviewed in detail the land use regulations. The Planning and Zoning Commission, at their regular meeting of June 28, 1984, recommended to the City Council approval of this request with the following stipulations: 1. The addition of the words "no outside storage" beside Plumbing Shop on Page 15 of Land Use Regulations. 2. To change the word "minimum" to "maximum" on Page 19, the last paragraph, of the Land Use Regulations. 3. To include an addendum of the traffic consultant with a recommendation of the eight lane divided thoroughfare between Watters and U.S. 75 as an addition at a future date. 4. To change the name of Shelley Drive to Watters Drive. Mayor Rodenbaugh opened the public hearing. Bob Woodfin, property owner north of Rowlett Road near Rowlett Creek, spoke before the Council on the traffic problems on U.S. 75 and the proposed volume of traffic that will be generated from the developments on the west side of U.S. 75. Mrs. Frances Williams, general partner of Montgomery Farms, spoke before the Council on the traffic studies on various planned developments that have been approved by the City Council for properties on the west side of U.S. 75 and the need for a completed comprehensive plan and city traffic study before any more zoning on the west side of U.S. 75. With no one else wishing to speak either for or against the request, Mayor Rodenbaugh closed the public hearing. 2,a8 ALLEN CITY COUNCIL August 2, 1984 Page 5 Public Hearing: Request to Rezone Approximately 179 Acres from PD No. 17 to PD, and to Permanently Zone 45 Acres to PD Requestor: Shelley Realtors - Bray Central I (cont'd) (Agenda Item IV) There was considerable discussion by the Council with Mr. Curry on the recent zoning of the 179 acres to planned development and now the request to change the planned development zoning again and the need to place a time limit on zoning requests; the use of cumulative zoning on this planned development along the U.S. 75 corridor, the floor to area ratio in thehigh tech districts, the platting requirements for the "restrictive covenants" and the City of Allen being the beneficiary of those; references of the traffic survey comments; the large amount of uses shown in the planned development - high tech districts, and the difficulty relating to the word "high tech" zoning district. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted 5 - 0, with Mayor Pro Tem Farmer being out of the room, to table this request. The motion carried. Review the Annual Audit Management Letter (Agenda Item V) Larry Mullins, with Peat, Marwick and Mitchell, the city's auditing firm, spoke before the Council on the results of the management letter prepared in the audit for the Fiscal Year 1982-1983. Mr. Mullins, pointed out three important categories of comments of the management letter, those being comments that have chiefly an accounting or financial statement aspect, such as the deposit of receipts; those comments that have a chiefly internal control aspect, such as investment allocations; and those comments that have chiefly an operational aspect, such as the computer operations. Brent Lewis, Finance Director, spoke before the Council on the city staff's response to the management letter and steps that will be taken to implement changes recommended in the management letter. The Council briefly discussed the implementation of the purchase order system and discussed paragraph "B" on the first page of the management letter. This item was received as a matter of information. There was no action taken on this item. Approval of Site Plan: First Baptist Church Location: Main Street/Belmont Street/Cedar and Birch Streets Zoned: Community Facility Requestor: First Baptist Church (Agenda Item VI) Bill Petty, Director of Community Development, spoke before the Council on the development of the master plan for the First Baptist Church and the site plan presented of that plan. Dick Senter, Pastor of the First Baptist Church, was present. to answer any questions. Mr. Petty advised the Council that expansion of the church would require the relocation of the existing wood frame office building, located on the north end of the property, at the intersection of Main and Cedar Streets, to the corner of Belmont and Birch, for a temporary facility during the development process. aa9 ALLEN CITY COUNCIL August 2, 1984 Page 6 Approval of Site Plan: First Baptist Church Requestor: First Baptist Church (cont'd) (Agenda Item VI) The Planning and Zoning Commission, at their regular meeting of July 26, 1984, recommended to the City Council approval of the site plan and development plan for the First Baptist Church site. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Paxton, the Council voted 6 - 0 to approve the site plan and development plan for the First Baptist Church site as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Approval of Replat: Chester Addition 1.693± Acres of Land Location: West of U.S. 75 Service Road at Federal Drive Requestor: William Chester (Agenda Item VII) Mr. William Chester presented the replat of his property on 1.693 acres of land out of the W. J. Jackson Survey, Abstract No. 484 of Collin County, located west of the U.S. 75 service road at Federal Drive. Mr. Chester reviewed the replat of the property with the City Council. The replat showed the boundaries of the property, the location of fire lane easements and utility easements, and the three lots of this subdivision, as well as the public access easements. Bill Petty, Director of Community Development, spoke before the Council on the fact that this replat conforms to the approved site plan and that it has been reviewed by the city staff and the consulting engineer and is in compliance. The Planning and Zoning Commission, at their regular meeting of July 26, 1984, recommended to the City Council approval of this replat as presented. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted 6 - 0 to approve the Replat of the Chester Addition as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 11:13 p.m. The regular session reconvened at 11:25 p.m. Consider Actions Concerning Construction of a Portion of the F.M. 2170 (Main Street) Thoroughfare (Agenda Item VIII) City Manager Jon McCarty spoke before the Council on three areas of research requested by the Council -appointed committee LV composed of Mayor Rodenbaugh, Councilman Wolfe and Councilman Womack, to be used to make a recommendation on the prioritization of the construction of Main Street thoroughfare. Mr. McCarty advised the Council that statistics had been prepared for the (1) accidents on each leg of Main Street, from U.S. 75 to Highway 5 and from Highway 5 to the east city limits; (2) travel time and miles per minute for those sectionsof.the roadway; (3) and the right-of-way needed for those sections of the roadway. Le ALLEN CITY COUNCIL August 2, 1984 Consider Actions Concerning Construction of a Portion of the P.M. 2170 (Main Street) Thoroughfare (cont'd) Page 7 (Agenda Item VIII) Mr. McCarty reviewed all of the above statistics and showed on a color -coded map the amount of right-of-way needed on the portions of the roadway. There was considerable discussion on the need for a policy for street assessments before the recommendation is made, the data discussed being based on a nine-month period, the need to take the existing monies and place the importance of construction on the east side of Highway 5 rather than the purchase of riqht-of-way; the recommendation of the Council -appointed committee that construction start on Phase I of the Main Street Study project; the need for more data before a vote can be taken on the issue, the sequence of construction on the Main Street project and the purchase of right-of-way. It was the consensus of the City Council that no action be taken at this time, however, the city staff would provide more input into this project as a presentation at the budget retreat. This item was received as a matter of information. There was no action taken on this item. Resolution No. 533-8-84(R): A Resolution of the City Council, The City of Allen, Collin County, Texas, Authorizing the Mayor to Execute an Agreement Between the City of Allen and the City of Plano, Establishing Present and Future Boundaries Between These Two Jurisdictions. (Agenda Item IX) City Manager Jon McCarty advised the Council of the proposed resolution and agreement to be entered into by the City of Allen with the City of Plano on the southern city limits boundary. Using the thoroughfare plan, Mr. McCarty reviewed in detail the proposed alignment of the new proposed city limits, which is described as follows: "Beginning at State Highway 121, the center line of F.M. 2478 to its intersection at Hedgcoxe Road, then eastward down the center line of Hedgcoxe until its intersection with Alma Road, then along the center line of Alma Road in a northeasterly direction until it intersects with Rowlett Creek, then the boundary will follow the center line of Rowlett Creek until it reaches State Highway 5, then northward along the center line of State Highway 5 to the center line of Chapparal Road, then eastward along the center line of Chapparal Road to Allen Heights Drive." The Council discussed in particular the business known as "The Creek" located north of Chapparal Road and east of State Highway 5, which sells beer and wine, and how that property is affected in this agreement, if the owners have any rights in this boundary change, the amount of sales tax revenues that are generated from that business and when the city would start to receive those; and the need for disannexation of that property by .Plano and annexation of that property by Allen. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted.6 - 0 to approve and adopt Resolution No. 533-8-84(R), as captioned above. The motion carried. 2131 Le ALLEN CITY COUNCIL August 2, 1984 Approval of Bid Specifications and Authorization for the Receipt of Bids for Street Equipment Paqe 8 (Agenda Item X) Bill Petty, Director of Community Development, presented to and spoke before the Council on the preparation of bid specifications for street equipment for the Street Department in the form of a motor grader and a front-end loader. Mr. Petty advised that an option had been added to the specifications in the form of a RODS/Full Cab. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 6 - 0 to approve the bid specifications and authorize the receipt of bids for the street equipment in the form of a motor grader and front-end loader. The motion carried. Review Procedure for Providing Park Board Input on Proposed Developments (Agenda Item XI -A) Mark Thornton, Director of Parks and Recreation, presented to and spoke before the Council on the procedure for providing Park Board input on proposed developments as the development relates to community facilities sites and dedication of park land. Mr. Thornton explained that with the approval of the land acquisition policy, the agreement to accept future dedication was defined in more detail as to exactly what types of facilities the city would accept and also it was understood that the Parks and Recreation Board would be called upon to make recommendations on these areas. Therefore, in order to make recommendations, a procedure to provide for timely reviews and recommendations was developed. Mr. Thornton went through the procedure process with the City Council. The Council briefly discussed the procedure process and suggested that this same process be used to advised the Planning and Zoning Commission. This item was received as a matter of information. There was no action taken on this item. As a matter of information, Mr. Thornton advised the Council of the recent meetings by city staff with various sports associations on the development of user fees to pay for maintenance of city facilities and that a recommendation would be forthcoming. Acknowledge Receipt of the Fiscal Year 1984 - 85 Proposed Budaet (Agenda Item XI -B) By consensus, the City Council acknowledged the receipt of the Fiscal Year 1984 - 85 Proposed Budget prepared by the City Manager. Accept Letter of Resignation from Council Member Dennis Offutt, Place No. 6 (Emergency Agenda Item XII) Mayor Rodenbaugh advised the Council of a resignation letter he had received from Dennis Offutt, Councilman - Place No. 6, on the Allen City Council. Mayor Rodenbaugh read the letter into the record. a3:� ALLEN CITY COUNCIL August 2, 1984 Page 9 Accept Letter of Resignation from Council Member Dennis Offutt, Place No. 6 (cont'd) (Emergency Agenda Item XII) Mayor Rodenbaugh then requested a motion to accept the resignation letter from Dennis Offutt. Councilman Paxton advised the Council that he felt that this resignation was not a matter of emergency and it should not be considered at this time. The Council discussed the emergency status of this vacancy on the Council and the need to act on it at this time. MOTION: Upon a motion made by Councilman Womack and seconded by by Mayor Pro Tem Farmer, the Council voted five (5) for and one (1) opposed, with Councilman Wolfe casting the negative vote, to call a special session for Monday, August 6, 1984, at 6:00 p.m., in the Council Chambers of the Allen Municipal Annex, to consider the acceptance of the resignation letter and to consider an appointment to fill the vacancy on Place No. 6 of the Allen City Council. The motion carried. Consideration of an Appointment to Place No. 6 on the Allen City Council (Emergency Agenda Item XIII) There was no action taken on this agenda item at this time. Adjournment MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 12:18 a.m. on Friday, August 3, 1984. The motion carried. These minutes approved on the 16thday of August , 1984. ' 1 Marty Hendrix, ITY SECRETARY A 7213