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HomeMy WebLinkAboutMin - City Council - 1985 - 05/02 - RegularALLEN CITY COUNCIL REGULAR SESSION May 2, 1985 Present: Donald P. Rodenbaugh, Mayor Council Members• Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Jim Wolfe Jim Pendleton Gary Koch City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary //o At 7:00 p.m. on Thursday, May 2, 1985, the Allen City Council convened to have their annual photograph taken for the 1985 - 1986 Council. The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:32 p.m. on Thursday, May 2, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) Mayor Pro Tem Farmer provided a clarification of Consent Agenda Item "C" and advised that this item pertained to the Capital Improvement Program for 1979 - 1982 and not to the Capital Improvement Program being worked on by the city at this time. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Koch, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recom- mended and as follows: A. Approval of City Council Minutes of April 9, 1985 - Joint Workshop Session with Planning and Zoning Commission B. Approval of City Council Minutes of April 19, 1985 - Regular Session C. Authorization to city staff to pay bills associated with the 1979 - 1982 Capital Improvement Program as follows: 1. Gohmann of Texas $ 5,432.50 Contract for Street Overlay Program - Invoices No. 6885, 6901, 6913, 6925, 6944, 6935 - April, 1985 - for asphalt 2. Riffe Petroleum $ 942.00 Contract for Street Overlay Program - Invoice No. 128005 - April, 1985 - for emulsion //o ALLEN CITY COUNCIL May 2, 1985 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) D. Set May 16, 1985 as the Public Hearings Date on a Request to Annex 100.171 Acres of Land Located North of Stacy Road, East of Cottonwood Creek and West of U.S. 75 as requested by Betsy B. Sandison. The motion carried. End of Consent Agenda Public Hearing: Request for Specific Ordinance No. 605-5-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81, of the City of Allen as Heretofore Amended so as to Attach a Specific Use Permit for the Accessory Use of a Bay Area for Tire Service, Batteries and Accessories Restricting 3490 Square Feet of the 20,000 Square Feet Expansion of the Wal-Mart Addition, Being Part of the 42.02 Acre Tract in the Peter Wetzel Survey, Abstract No. 990, of Collin County, Presently Delineated on the Official Zoning Map as "SC"; Providing for aPenalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for a Specific Use Permit by Wal-Mart to Allow Sales and Service of Tires, Batteries, and Accessories at Their Store Located at the Northwest Corner of the Intersection of F.M. 2170 and State Highway 5 and Consider an Ordinance Approving a Specific Use Permit." Jim Sorrells, Manager of the Wal-Mart Store, presented to and spoke before the Council on the site plan showing the existing Wal-Mart building, the proposed 20,000 sq. ft. expansion of the building to the north, other existing buildings in the shopping center area, and two new proposed buildings in the shopping center, and the parking lot areas. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against the request. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting on March 28, 1985, recommended to the City Council approval of the request for the specific use permit to allow for the sale and service of tires, batteries, and accessories at the Wal-Mart facility located in the Cottonwood Creek Shopping Center. /It Use Permit by Wal- Mart to Allow Sales and Service of Tires, Batteries, and Acces- sories at Their Store Zoning: SC (Shopping Center) Location: Northwest Corner of the Intersection of F.M. 2170 and S.H. 5 Requestor: Wal-Mart (Agenda Item III -A) and Ordinance No. 605-5-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81, of the City of Allen as Heretofore Amended so as to Attach a Specific Use Permit for the Accessory Use of a Bay Area for Tire Service, Batteries and Accessories Restricting 3490 Square Feet of the 20,000 Square Feet Expansion of the Wal-Mart Addition, Being Part of the 42.02 Acre Tract in the Peter Wetzel Survey, Abstract No. 990, of Collin County, Presently Delineated on the Official Zoning Map as "SC"; Providing for aPenalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for a Specific Use Permit by Wal-Mart to Allow Sales and Service of Tires, Batteries, and Accessories at Their Store Located at the Northwest Corner of the Intersection of F.M. 2170 and State Highway 5 and Consider an Ordinance Approving a Specific Use Permit." Jim Sorrells, Manager of the Wal-Mart Store, presented to and spoke before the Council on the site plan showing the existing Wal-Mart building, the proposed 20,000 sq. ft. expansion of the building to the north, other existing buildings in the shopping center area, and two new proposed buildings in the shopping center, and the parking lot areas. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against the request. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting on March 28, 1985, recommended to the City Council approval of the request for the specific use permit to allow for the sale and service of tires, batteries, and accessories at the Wal-Mart facility located in the Cottonwood Creek Shopping Center. /It ALLEN CITY COUNCIL May 2, 1985 Page 3 Public Hearing: Request for Specific Use Permit by Wal-Mart and Ordinance No. 605-5-85 (cont'd) (Agenda Item III -A) The Council discussed with Mr. Sorrells what buildings were presently existing on the site plan, who would be building IL the two new buildings on the site plan, the total area between the proposed addition to Wal-Mart and a new retail building to be built north of the Wal-Mart building; the number of bays in the new addition for car repair and how the automobiles would get to the bay area; if there was going to be any outside storage with the new addition; the location of the fire lanes; the sequence of events for the expansion of the building; the amount of parking area available; who would be responsible for building the new parking lot area and when that area would be completed. In the discussion with Council, Mr. Sorrells advised the Council that there would not be any outside storage after the construction of the new addition. All of the plants and garden supplies would be in the garden center which would be surrounded by a fence. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the request for a specific use permit to allow for the sale and service of tires, batteries, and accessories at the Wal-Mart facility in accordance with the recom- mendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 605-5-85, as captioned previously. The motion carried. Public Hearing: Request for Site and Ordinance No. 606-5-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 370-10-81 to Include the Attachments of Exhibit "C", Approved Site Plan, and Exhibit "D", Approved Landscape Plan for Develop- ment of a 2.7803 Acre Tract Out of the Peter Risher Survey, Abstract No. 324, of Collin County, Presently Delineated on the Official Zoning Map as a Portion of PD No. 1; Pro- viding for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. (Agenda Item III -B) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for Site Plan Approval on the Allen Heights Shopping Center Located at the North- west Corner of F.M. 2170 and Allen Heights Drive and Consider an Ordinance Attaching the Approved Site Plan to Planned Development No. 1 as Exhibit "C"." 111 Plan Approval on Allen Heights Shopping Center Zoning: PD - No. 1 Location: Northwest Corner of F.M. 2170 and Allen Heights Drive Requestor: Blanchard Properties and Ordinance No. 606-5-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 370-10-81 to Include the Attachments of Exhibit "C", Approved Site Plan, and Exhibit "D", Approved Landscape Plan for Develop- ment of a 2.7803 Acre Tract Out of the Peter Risher Survey, Abstract No. 324, of Collin County, Presently Delineated on the Official Zoning Map as a Portion of PD No. 1; Pro- viding for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. (Agenda Item III -B) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for Site Plan Approval on the Allen Heights Shopping Center Located at the North- west Corner of F.M. 2170 and Allen Heights Drive and Consider an Ordinance Attaching the Approved Site Plan to Planned Development No. 1 as Exhibit "C"." 111 ALLEN CITY COUNCIL May 2, 1985 Page 4 Public Hearing: Request for Site Plan Approval on Allen Heights Shopping Center (Agenda Item III -B) and Ordinance No. 606-5-85(cont'd) Bill Rabe, architect representing Blanchard Properties, presented to and spoke before the Council on the proposed site plan and landscape plan for the .Allen Heights Shopping Center. The site plan showed the buildings on the site, the parking lot areas, ingress/egress to the property, utility easements, landscaped areas, trash dumpster locations, and an 8' screening wall fence to be located on the north and west sides of the property. Mr. Rabe also presented an artist's rendering of the buildings in this shopping center. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this request for site plan approval. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting on March 28, 1985, recommended to the City Council approval of the request for site plan approval with modifications to include screening and dumpster locations prior to review by the City Council. At the Council's request, Mr. Sam Beasley, with Blanchard Properties, spoke before the Council on the situation involving 4W can moving of five (5) graves on this property before development can begin and what the status of that situation was as of this date. The Council discussed with Mr. Rabe the 8' brick screening wall and whether it was needed on the west side of the property, and perhaps the use of landscaping and berms on the west side rather than the 8' fence. Bill Petty, Director of Community Development, spoke before the Council on the question of whether the 8' fence was needed on the west side of the property since the adjacent zoning was General Business. The Council also discussed the need to provide more architectural features to the 8' wall on the north by breaking it up with the use of columns perhaps every 8' and add minimal landscaping in front of it; if the landscaping would be sprinklered; what type of screening would be used on air conditioning units on top of the buildings and what color it would be; and what type of screening would be used on the dumpsters. Mr. Rabe advised the landscaping would be sprinklered; the air conditioning units would be screened with metal screen walls in a dark bronze color, and the dumpsters would be screened with masonry walls. AW In the discussions, the Council pointed out that in regard to the moving of the gravesites, that it should be understood that it has to be taken care of to the city's satisfaction before development can commence on this site. The Council also pointed out the 8' fence should be built to the city's design standards. Bill Petty, Director of Community Development, spoke before the Council on the traffic flow of this shopping center area and the ingresses/egresses to this site. ISA ALLEN CITY COUNCIL May 2, 1985 Page 6 Review the Recommendation of the Action Committee for the 1985 Bond Program (cont'd) (Agenda Item IV -A) Mr. Morrow advised the Council of how the propositions would then be worded with the need for a purpose clause and tw advised how the proposition would be on the official ballot. He advised that the proposed propositions might read as follows: Proposition No. 1 "Construction and Equipping a Police and Courts Building" BALLOT: "For or Against General Obligation Bonds for a Police and Courts Building" Proposition No. 2 "Construction and Acquisition of Fire Fighting Facilities and Acquire Additional Land" BALLOT: "For or Against General Obligation Bonds for Fire Fighting Facilities" Proposition No. 3 "The Acquisition and Improvements of Land for Park Purposes" BALLOT: "For or Against General Obligation Bonds for Parks" Proposition No. 4 "Construction of Street Improvements, Drainage Incident Thereto, and the Acquisition of Land and Right -of -Way IL Therefor." BALLOT: "For and Against General Obligation Bonds for Streets Improvements" The Council discussed with Mr. Morrow the inclusion of street equipment in the purpose clause for the street improvements and what purpose the equipment served in order to qualify to be included in the proposition. Mr. Morrow continued with the proposed propositions as follows: Proposition No. 5 "Constructing and Equipping a Library Building" BALLOT: "For and Against General Obligation Bonds for Library Building" During his presentation of the proposition wording, Mr. Morrow also discussed with the Council the use of the words "general obligation bonds" in the purpose statement and their meaning "to levy a tax" in comparison with the old terminology that use to be used, being to simply state "to levy taxes for payment thereof." Mr. Morrow discussed with the Council the revenue bonds to be proposed for water and sewer and whether the Council wanted to combine the two propositions into one proposition since the city is operating a combined water and sewer system. The Council also discussed the use of the word "facilities" rather than "building" since there would be development costs involved in the construction of the police and courts building and the library building; the need to contact the Attorney General's office immediately in regard to whether it is permissible to combine the water and sewer proposition; and the need to include street equipment in the streets proposition. IIC ALLEN CITY COUNCIL May 2, 1985 Page 7 Review the Recommendation of the Action Committee for the 1985 Bond Program (cont'd) (Agenda Item IV -A) J. D. Buchanan, the city's bond agent, spoke before the Council on possible advantages and disadvantages of combining the water and sewer propositions. There was considerable discussion by the Council on the combining of the water and sewer propositions and the inclusion of the street equipment in the street proposition. It was concluded that the water and sewer propositions should remain separate and that the street equipment should be included in the streets proposition. This item was received as a matter of information. There was no action taken on this item. Mayor Pro Tem Farmer advised the Council of the work of the Public Information Committee for the publicity of the bond program and the preparation of a bond brochure to be mailed out to all residents. Mayor Pro Tem Farmer reminded the Council of an upcoming meeting to be held on Tuesday, May 7, 1965, at 6:30 p.m. at city hall in order to review the proposed brochure. Set May 16, 1985 as the Public Hearing Date on the 1985 Bond Program (Agenda Item IV -B) MOTION: Upon a motion made by Councilman Koch and seconded by Councilman Wolfe, the Council voted 7 - 0 to set May 16, 1965 as the public hearing date on the 1985 Bond Program. The motion carried. Direct the Bond Attorney to Prepare the Legal Instruments Calling the Election (Agenda Item IV -C) MOTION: Upon a motion made by Councilman Wolfe and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to direct the bond attorney to prepare the legal instruments calling the bond election. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:95 p.m. The meeting reconvened at 8:58 p.m. Mayor Pro Tem Farmer advised the Council that private donations were being given for the publicity campaign for the bond program. He added the city funds would not be expended for it. Ordinance No. 607-5-85: An Ordinance of the City of Allen, Collin County, Texas, Establishing a Pro Rata Charge as a Prerequisite to Utilizing the Capacity of a Specified Sanitary Sewer Line and Lift Station; Providing for a Severability Clause; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00) for Each offense; and Providing for an Effective Date of this Ordinance. (Agenda Item V) Ernie Hoback, Director of Public Works, presented. to and spoke before the Council on the proposed ordinance for a pro rata on an off-site sewer main and lift station on the Collin Square and Glen Hollow Additions as requested by Fox &Jacobs. ALLEN CITY COUNCIL May 2, 1985 Page 8 Ordinance No. 607-5-85 (cont'd) (Agenda Item V) Jim Bell, with Fox and Jacobs, was present at the meeting. Mr. Hoback provided background information on the request and advised that the ordinance was being requested in order that Fox and Jacobs can recoup some of the cost associated with the construction of the off-site sewer main and lift station. Using a color -coded map of the drainage area, Mr. Hoback reviewed what the pro rata ordinance would entail. Mr. Hoback advised the Council that the city staff's recommendation was that the pro rata ordinance be adopted. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Ordinance No. 607-5-85, as captioned previously. The motion carried. Award of Bid for Five -Gang Reel Mower for the Parks and Recreation Department (Agenda Item VI) Mark Thornton, Director of Parks and Recreation Department, presented to and spoke before the Council on the solicitation of bids, the bid opening held on April 5, 1985, and the bids tabulation for a five -gang pull -type reel mower for the Parks and Recreation Department. Mr. Thornton advised that the following bids had been received: Watson Distributinq Co. $ 7,800 ABM Irrigation Systems $11,165 Colonial Motor Company $11,000 Mr. Thornton reviewed the bids with the Council and advised that the Watson Distributing Company's bid did not meet specifications. He pointed out that with trade-in allowances on the city's International Tractor and Jacobsen Commercial 72" mower, the bid purchase prices would be reduced. Mr. Thornton advised that the city staff's recommendation was that the bid be awarded to Colonial Motors, in the amount of $11,000, for the five -gang pull -type reel mower; and that in order that the purchase can be within the estimated budget, that the International Tractor and Jacobsen Commercial 72" mower he used as a trade-in with the bid trade-in allowance for this equipment of $5,000, to bring the total cost to the city to $6,000. MOTION: Upon a motion made by Councilman Pendleton and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to award the bid to Colonial Motor Company in the amount of $11,000 and to declare the International Tractor and Jacobsen Commercial 72" mower as surplus equipment in order that it can be used as a trade-in on the purchase of the new equipment; in accordance with the recommendation of the city staff, as stated. The motion carried. Discuss Appointments to Boards and Commissions (Agenda Item VII -A) City Secretary Marty Hendrix advised the Council of the upcoming appointments to the Planning and Zoning Commission and the Library Board in June and of the two recent vacancies due to resignations, one position being on the Planning and Zoning Commission and the other on the Parks and Recreation Board. She advised that it was the city staff's recommendation that the two vacancies be filled at the time the other appointments are made.. IF? ALLEN CITY COUNCIL May 2, 1985 Page 9 Discuss Appointments to Boards and Commissions (cont'd) (Agenda Item VII -A) Ms. Hendrix reviewed the appointment process with the Council and suggested some additional alternatives in order to publicize the need for people to serve on the various city boards and commissions. City Manager Jon McCarty advised the Council of the desires of the Library Board to add two additional members to their board, of the drafting of an ordinance for Council's review to accomplish that, and the reasoning behind it. Ms. Hendrix also suggested to the Council that perhaps the data sheet could be revised to include a section for personal references. The Council discussed various aspects of the appointment process and requested that the City Secretary provide them with a current copy of the appointment process and contact other cities to see how they make their appointments and provide them with that information. This item was received as a matter of information. There was no action taken on this item. Accept Resignation of Douglas Braun, Place No. 1, on the Planning and Zoning Commission (Agenda Item VII -B) Mayor Rodenbaugh referenced the resignation letter that had been distributed to the City Council from Douglas Braun, Place No. 1, on the Planning and Zoning Commission. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Pendleton, the Council voted 7 - 0 to accept the resignation of Douglas Braun, Place No. 1, on the Planning and Zoning Commission, with their appreciation for his service. The motion carried. Items of Interest to the Council (Agenda Item VII -C) City Manager Jon McCarty advised the Council that this agenda item had been added in order that the Council can discuss or ask questions on any information that has been sent to them in the administrative reports. Mayor Pro Tem Farmer asked about the status of the Legislative Session in Austin and if there was any legislation that the Council needed to be made aware of that might need their special attention. City Manager Jon McCarty advised that he had been getting information on some of the important upcoming bills to be considered by the legislation and would be discussing those with the Legislative Committee of the Council, consisting of Mayor Rodenbaugh, Mayor Pro Tem Farmer and Councilman Womack. Mayor Pro Tem Farmer advised of some of the legislation that he was aware of that might be important. City Manager Jon McCarty advised the Council of the status of the city's presentation regarding the street improvement program with the State Department of Highways and Public Transportation. ALLEN CITY COUNCIL May 2, 1985 Page 10 Items of Interest to the Council (Agenda Item VII -C) Mayor Pro Tem Farmer advised of the status of the legislation on the Blue Law". This item was received as a matter of information. There was no action taken on this item. Resolution No. 608-5-85(R): A Resolution of the City Council, City of Allen, Collin County, Texas, Requesting the Public Utilities Commission of Texas to Docket the Request of the City of Allen for Extended Area Service. (Agenda Item VII -D) City Manager Jon McCarty presented the proposed resolution to the City Council requesting the Public Utilities Commission of Texas docket the City of Allen's 1978 Extended Area Service request. Mr. McCarty provided background information on the rules for requesting extended area service from the Utilities Commission and regulations for the extended area service. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Koch, the Council voted 7 - 0 to adopt Resolution No. 608-5-85(R), as captioned above. The motion carried. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 9:45 p.m. on Thursday, May 2, 1985. The motion carried. 1985. These minutes approved on the 16th day of 0�c4�: Marty Hendri , CITY SECRETARY R11