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HomeMy WebLinkAboutMin - City Council - 1985 - 01/17 - RegularALLEN CITY COUNCIL REGULAR SESSION January 17, 1985 Present• Donald P. Rodenbauqh, Mayor Council Members: Jim McClure Rex Womack Jim Wolfe Ward Paxton Gary Koch (arrived at 7:48 p.m.) Absent: Joe Farmer, Mayor Pro Tem City Staff• Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Rodenbauqh at 7:30 o.m. on Thursday, January 17, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) Cov MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Wolfe, the Council voted 5 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of the City Council Minutes of January 3, 1985 - Regular Session. B. Authorization to city staff to Day bills associated with the 1979 - 82 Canital Improvements Program as follows: There were no bills to be paid at this time. C. Set February 7, 1985 as Public Hearing Date on a Request to amend the Approved Site Plan in Planned Development No. 2 on Property Located at the Southwest Corner of Allen Heights and F.M. 2170, as requested by the J. S. Mitchell Company. D. Set February 7, 1985 as Public Hearing Date to Consider a Site Plan for Tract 1 (Multi -Family) in Planned Development No. 13 Located North of Chapparal Road and East of Jupiter Road, as requested by the Crossmark Development Company. E. Set February 7, 1985 as Public Hearing Date on a Request to Establish Permanent Zoning to R-2, R-3 and R-4 (Residential), with Deed Restrictions, and TH (Townhouse) and LR (Local Retail) on 76.188 Acres Located North of Bandy Land and East of Malone Road, as requested by the Terra Investments, Inc. S ALLEN CITY COUNCIL January 17, 1985 Pane 2 CONSENT AGENDA (cont'd) (Agenda Item II) Schedule of Taxes Receivable as of December 31, 1989. The motion carried. LEnd of Consent Agenda. Public Hearing: Site Plan Acoroval for a One Acre Tract Zoning: PD -SC No. 5 Location: 120' East of Fountain Park Drive and Fronting on F.M. 2170 Requestor: Mike Overton (Agenda Item III) and Ordinance No. 582-1-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 370-10-81 to Include that Attachments of Exhibit "F" for Development of a One Acre Tract out of the Peter Wetsel Survey, Abstract No. 990, Presently Delineated on the Official Zonina Map as a Portion of PD -SC No. 5; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Mayor Rodenbauqh read the request into the record as follows; Public Hearing on a Request for Site Plan Approval on a One Acre Tract of Land Located Approximately 120 feet East of Fountain Park Drive and Fronting on F.M. 2170 and to Consider an Ordinance Attaching the Site Plan to PD -SC No. 5 (Planned Development - Shopping Center)•" Joe Barton King, Architect, and representing the property owners, Mike Overton and Winston Bean, presented to and spoke before the Council on this request for site plan approval on a 1 acre tract of land out of the Peter Wetsel Survey, Abstract No. 990, Collin County, Texas, to be used as a retail strip shopping center with a veterinary clinic. Mr. King reviewed the site plan with the Council which showed the location of the strip shopping center on the site, the varkinq lot area, ingress/egress to the site, the location of the adjacent retail shopping center to the west, location of the fire lanes, and landscaped areas. Mr. King also reviewed the location of the property, being approximately 120' east of Fountain Park Drive, fronting on F.M. 2170 and being adjacent to the Eagle Sports Center on the east. The Council discussed with Mr. King the location of the landscaping on the property and the landscaping which is located in the street riqht-of-way. Mayor Rodenbaugh opened the public hearing. Mr. King advised the Council of the location of the fire lanes for this development and how it would connect to the adjacent property to the east when it was also developed. Mr. King then presented an artist's rendering of the front elevation of this retail shopping center building. The Council discussed with Mr. King the location of the landscaping on the property and the landscaping which is located in the street riqht-of-way. Mayor Rodenbaugh opened the public hearing. ALLEN CITY COUNCIL January 17, 1985 Page 3 Public Hearing: Site Plan Approval for One Acre Tract Requester: Mike Overton (Agenda Item III) and Ordinance No. 582-1-85 (cont'd): Mike Williams, owner of the Eagle Sports Center which is located in the retail shopping center that is located to the west of this site, spoke before the Council on the proposed design of the retail shopping center building and in particular the fact that the front of the building will protrude out in front of his building and would cause blocking of visibility from F.M. 2170 of his building. Mr. Williams stressed the need for a common set -back for all development in this area. Mayor Rodenbaugh closed the public hearing. The Planning & Zoning Commission, at their regular meeting of December 13, 1984, recommended to the Council that the site plan be approved as submitted. Bill Petty, Director of Community Development, spoke before the Council onthe location of the fire lane and pointed out that it determined the location of the set -back of the buildings from the street. There was considerable discussion with Mr. King, Mr. Williams and Don Brazeal, property owner with Mr. Williams, on the design of the proposed building and the way it protrudes out in front of Mr. William's building; the visibility distance of Mr. William's building from F.M. 2170; how garbage will be collected from this center, the continuation of sidewalks from Mr. William's building to this proposed retail shopping center, restricting the set -back of buildings in this area by the first building that is constructed, why the Eagle Sports Center building is set back so far from the street, the closeness of these two retail buildings due to the lot layouts, the measurement of the protrusion of the proposed building from Ole Eagle Sports Center and if the proposed building could be moved back. Bill Petty, Director of Community Development, spoke before the Council on the determination of the set -back of the Eagle Sports Center building from the street. In further discussion, the Council discussed the curb cuts on this site and why they were in the proposed locations, and working out a shorter distance of the protrusion from the face of the Eagle Sports Center building. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted four (4) for and two (2) opposed, with Mayor Rodenbaugh and Councilman Koch casting the negative votes, to approve the site plan as presented with the stipulation that the building protrusion not extend more than 15' from the face of the Eagle Sports Center building; and to adopt Ordinance No. 582-1-85, as captioned previously. The motion carried. ALLEN CITY COUNCIL January 17, 1985 Page 4 Resolution No. 583-1-85�R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Supporting the Priority of S.H. 121 in the Ten Year Project Development Plan, Supporting Designating S.H. 121 Between McKinney and the Dallas/Fort Worth Airport as a Control Access Freeway, Supporting the Authorization of Right-of-way Acquisition of That Controlled Access Facility, and Supporting Design and Construction of Certain Portions of that (Agenda Item IV) City Manager Jon McCarty spoke before the Council on the proposed resolution supporting the priority of State Highway 121 in the ten year project development plan. Mr. McCarty provided the Council with some traffic statistics he had received from a study completed by the NCTCOG for this region and the major metropolitan areas. He advised this study is a preliminary travel forecast for the year 2000. Using a small map, Mr. McCarty pointed out the region Allen was located in for this study and advised of the projected network vehicle miles for the region. He also gave estimates of the total dollars that needed to be spent in road construction to keep up with the volume of anticipated traffic. Mr. McCarty pointed out that this all related to the need to designate S.H. 121 as a major thoroughfare. Bill Petty, Director of Community Development, presented to the Council the results of a study done by Barton-Aschman, traffic engineering consultants, on the proposed alignment of State Highway 121 and indicated the need to set aside some additional right-of-way for the development of this road as a major freeway. There was a brief discussion by the Council on whether the alignment of the road was being tied to the center line of the existing roadway. A clarification was provided by city staff that the proposed alignment was utilizing the existing paving but not necessarily using the centerline of the roadway to determine the needed riqht-of-way. Clarence Daugherty, Director of Public Works for Collin County, spoke before the Council on the state Highway 121 project, and the need to proceed as quickly as possible on this project in order to start obtaining the needed right-of-way particularly in areas west of Allen due to the pending development of those areas. He also reviewed the contents of the proposed resolution. Mr. Daugherty then explained the proposed alignment of the roadway and how it had been determined. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted 6 - 0 to approve and adopt Resolution No. 583-1-85(R), as captioned previously. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 9:06 p.m. The meeting reconvened at 9:16 P.M. ALLEN CITY COUNCIL January 1/, 1985 Page 5 Approval of an Amendment to the Sanitary Sewer Line Construction Contract and Pro Rata Agreement with Allen Management Corporation (Agenda Item V) Mayor Rodenbaugh advised the Council of the request from Mr. William Campbell of the Allen Management Company to amend the amended sanitary sewer line construction contract and pro rata agreement dated May, 1983. Mayor Rodenbaugh reminded the Council of the approval of the amendment to the contract and pro rata agreement in May 1983 in order to allow the Belz Outlet Mall to connect to the sanitary sewer line constructed by Allen Management Corporation. He advised that when the document had been prepared there had been a mistake made in one of the exhibits to the amendment. Mr. Campbell is requesting another amendment to include the area that had been mistakenly deleted from the map shown in one of the exhibits. The Council briefly discussed if anyone was opposed to this amendment. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Womack, the Council voted 6 - 0 to approve the amendment to the amended sanitary sewer line construction contract and pro rata agreement with the Allen Management Corporation, dated May, 1983. The motion carried. Appointment of the Greenbelt/ Linear Park Study Steering Committee (Agenda Item VI) Mark Thornton, Director of Parks and Recreation Department, distributed to the Council a corrected list of individuals to be appointed to the Greenbelt/Linear Park Study Steering Committee. Mr. Thornton advised the Council of the donations from developers that have been received to fund this study. He reminded the Council of the approval on May 17, 1984, of the action plan for the Greenbelt/Linear Park Study and advised that the first formal step in this planning process is the appointment of the steering committee to directly oversee the study as it is in process. Mr. Thornton advised that the following individuals had been contacted and have agreed to serve on the committee: Council Member Planning & Zoning Commission Member Park & Recreation Board Members Landowners Developers Mayor Don Rodenbaugh or his designee Jack Pennington Clint Miller Helen Johnson Mary McDermott Mary Evans Denny Holman Dave Dennison At -Large Members Vern Lahart Willette Rosson Danny Muzyka 9 ALLEN CITY COUNCIL January 17, 1985 Page 6 Appointment of the Greenbelt/ Linear Park Study Steering Committee (cont'd) (Agenda Item VI) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Koch, the Council voted 6 - 0 to appoint the above named individuals to the Greenbelt/ Linear Park Study Steering Committee. The motion carried. Review and Consider Approval of the Development of a Capital Improvement Program (Agenda Item VII) At this time, Mayor Rodenbaugh passed over this item to consider item number Viii on the agenda. Update on State Department of Highways and Public Transportation (Agenda Item VIII -A) City Manager Jon McCarty spoke before the Council on recent discussions with the State Department of Highways and Public Transportation and other entities on the improvements to be done to U.S. 75 including reconstruction of the driving lanes, new ramps, and the proposed overpass at Rowlett Road. Using a drawing of U.S. 75, Mr. McCarty reviewed with the Council the proposal for the location of new ramps on U.S. 75, and reviewed the design of the interchange proposed at the Rowlett Road overpass. He advised the Council how the State Department of Highways and Public Transportation felt about the proposal and advised of the process that would have to be initiated to get the ramps and the overpass constructed and the timeframe for completion of the project. Mr. McCarty then advised of the need to make a submission of other road projects for the State Department of Highways and Public Transportation's review and approval for participation. As an example, Mr. McCarty pointed out the state highway projects proposed by the City of Plano, and advised of the funds that the city would provide and the funds that the state would provide. Mr. McCarty then distributed to the Council a list of the (0 proposed street projects to be participated in with the state and a very preliminary formula showing participation funding by the developer, the city and the state. Mr. McCarty then reviewed each project and pointed out who would be involved in the funding of the project. The projects consisted of: Rowlett Overpass New ramps on U.S. 75 One Way Bridges on U.S. 75 Frontage Road F.M. 2170 Underpass Bethany Road Underpass F.M. 2170 -- U.S. 75 to S.H. 5 F.M. 2170 -- U.S. 75 to Alma F.M. 2170 -- S.H. 5 to F.M. 2551 S.H. 5 -- F.M. 2170 to Chapparal S.H. 5 -- F.M. 2170 to Stacy City Manager Jon McCarty advised the Council that he was requesting that the Council approve authorization to begin the preparation of the cost data and the justification for these proposed road projects for submission to the state within the next 60 to 90 days. (0 ALLEN CITY COUNCIL January 17, 1985 Page 7 Update on State Department of Highways and Public Transportation (cont'd) (Agenda Item VIII -A) The Council briefly discussed the engineering costs for preparation of the cost data. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman McClure, the Council voted 6 - 0 to authorize the city staff to proceed with the preparation of the justification and cost data for the proposed road projects, as presented by city staff, for submission to the state. The motion carried. At this time, the Council briefly discussed with the city staff when the red light would be turned on at the intersection of Bethany Road and State Highway 5. Mayor Rodenbaugh returned to item number 7 on the agenda. Review and Consider Approval of the Development of a Capital Improvement Program (Agenda Item VII) City Manager Jon McCarty distributed to the Council the calendar of the proposed capital improvements program and the process outline for the capital improvements program. Mr. McCarty provided background information on what a capital improvements program would entail, reviewed the process outline and reviewed the calendar of dates for the capital improvements program. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Womack, 1he Council voted 6 - 0 to approve the preliminary capital improvements program process outline and calendar of dates as presented by the city staff. The motion carried. Update on Facilities Agreement for Jupiter, Chapparal and Bethany (Agenda Item VIII -B) Bill Petty, Director of Community Development, spoke before the Council on recent discussions that had been held with the Council regarding the city entering into a facilities agreement with developers for the construction and improvements to certain portions of Jupiter Road, Chapparal Road and Bethany Road. Mr. Petty advised that Pat Atkins, with Don Tipton Engineering, and Ken Chenault, with Landmark Enterprises, were present to answer any questions posed by the Council. At this time, Mr. Petty distributed to the Council a letter from Don A. Tipton, Inc., dated January 10, 1985, containing a proposed facilities agreement per the previous discussions. Mr. Petty then began to review the proposed costs for the improvements with the Council. Using a rough sketch of the roadways, Mr. Petty used the drawing to indicate what portions of the roadways would be the responsibility or the city and what portions would be constructed by the developer. Mr. Petty also advised of the escrow of funds for future improvements on Bethany Road and the amount presently held by the city. ALLEN CITY COUNCIL January 17, 1985 Page 8 Update on Facilities Agreement for Jupiter, Chapparal and Bethany (cont'd) (Agenda Item VIII -B) Mr. Petty reviewed page 3 of the agreement, which were the estimates for the road improvements to Bethany Road, between Jupiter Road and State Highway No. 5; reviewed page 4 of the agreement, which were the estimates for the road improvements to Chapparal Road from Jupiter Road to the end of Tract 4 of the Cottonwood Bend Addition; and reviewed page 6 of the agreement, which were the estimates for road improvements to Jupiter Road, from Chapparal Road to Bethany Road. Mr. Petty then reviewed the sheet that showed the breakdown of participation of facilities between the City of Allen and Landmark Enterprises. Mr. Petty advised that the city's total cost for participation in these projects would be $659,574 less $43,000 which is existing escrow funds available for the Bethany Road project. Mr. Petty then reviewed the details of the facilities agreement regarding the purpose of the agreement, Landmark Enterprises commitments to the city, and the city's commitments to Landmark Enterprises. The Council discussed item "H" of the facilities agreement regarding the requirement that the city will have to pay interest if the city has not funded these Projects by the time the roadways have been accepted. The Council discussed the timeframe for completion of the roadways, the portion of the facilities agreement which stipulates that the city's participation will be based upon the bond election and the Council's authorization to sell those bonds. In further discussion by the Council, it was pointed out that the Council could set priorities in how the bond money is expended, but the Council was not amenable to paying interest as proposed in the facilities agreement. The Council also discussed the possibility of the bond issue not passing and not making a commitment to a project that they cannot pay for without the bonds. The city staff discussed, with Pat Atkins, that after the engineering is complete, is it a problem to increase the quantities and could the low bidder complete the work on Bethany Road. They also discussed if the developer plans to build sidewalks on their side of Jupiter Road. At this time, Mr. Petty advised the Council of another construction project on a bridge to be located on Bethany Road over the Cottonwood Creek with participation by the developers of Bass Development Company, Landmark, and Gemcraft. Mr. Petty stated that the city at this time did not have a well-defined participation program for improvements to be made to bridges, however, the participation estimates were based upon those used in the streets facility agreement previously presented. Mr. Petty then reviewed the three proposed alternates for construction of the bridge, and indicated that staff's preference is for Alternate No. 1. a ALLEN CITY COUNCIL January 17, 1985 Page 9 Update on Facilities Agreement for Jupiter, Chapnaral and Bethany (cont'd) (Agenda Item VIII -B) Mr. Petty advised that the proposed construction of the bridge was in the very preliminary stages and he had advised the developers that this project could not be tied to the facilities agreement on the three roads, but must stand alone and the city could only participate when the funds were available. The Council briefly discussed the alternates as presented and agreed that Alternate No. 1 was the preferred route to go and that this proposed project should stand alone from the other agreement and be based upon when funds were available. In summation, Mr. Petty advised the Council that city staff would bring back a revised facilities agreement document for the city's participation in the three roadway projects as presented and per the discussions of the Council. He also stated that if the development of the bridge becomes a reality, then he understood from the Council it will be the Council's desire to work towards a facilities agreement using Alternate No. 1, with participation by the city to be accomplished when funds are available. This item was received as a matter of information. There was no action taken on this item. Legislative Delegation -- Austin Trip (Agenda Item VIII -C) City Manager Jon McCarty advised the Council that four members of the Council would be going to Austin to participate in the legislative delegation with other adjacent cities. The Council Members attending are Mayor Rodenbaugh, Councilman Wolfe, Councilman McClure and Mayor Pro Tem Farmer. The trip is scheduled for January 29th and 30th. Mr. McCarty also advised that they would be in attendance at the presentation that Collin County and the City of Plano will be making before the State Department of Highways and Public Transportation. This item was received as a matter of information. There was no action taken on this item. General Discussion Mayor Rodenbaugh reminded the Council of some previous discussions they had on holding of joint meetings with the City of Plano on perhaps a quarterly basis in order to discuss matters and projects of mutual concern. He advised that the City of Plano wanted to set up the first meeting in February and asked the Council to determine a date. After a brief discussion,the Council selected the date of Tuesday, February 19, 1985.1 City Manager Jon McCarty advised the Council that the first meeting would be hosted by the City of Plano and the details of where the meeting would be held would be forthcoming. Mayor Rodenbauqh also advised that the issue had been brought up about also meeting with the City of McKinney perhaps on a six-month basis. Ig ALLEN CITY COUNCIL January 17, 1985 Adjournment Page 10 MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 6 - 0 to adjourn into Executive Session at 10:50 p.m. on Thursday, January 17, 1985. The motion carried. Executive Session (Agenda Item IX) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(f), the Allen City Council convened into Executive Session at 10:55 n.m. on Thursday, January 17, 1985, in the Conference Room of the Allen Municipal Annex, One Butler Circle, to discuss matters pertaining to real estate negotiations. The Executive Session was adjourned at 11:30 p.m. on Thursday, January 17, 1985. Reconvene: Consider Items Discussed During Executive Session (Agenda Item X) The Allen City Council reconvened into regular session at 11:35 p.m. on Thursday, January 17, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Manager Jon McCarty advised the Council that the staff and the Main Street Committee had worked closely in preparing contracts on the acquisition of certain properties along the route of the Main Street project. Mr. McCarty advised the Council of the action that was needed on the contracts. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Womack, the Council voted 6 - 0 to approve the form of the contract, with modifications as recommended, and to authorize the City Manager to execute the contracts with the property owners. The motion carried. Adjournment MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 11:43 p.m. on Thursday, January 17, 1985. The motion carried. These minutes approved on the 7th day of February 11&1-160 _: _ Marty Hendrix, ITY SECRETARY 18