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HomeMy WebLinkAboutMin - City Council - 1985 - 09/05 - RegularALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 5, 1985 Present: Donald P. Rodenbaugh, Mayor Council Members• Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Jim Pendleton Gary Koch (left the meeting at 10:10 p.m.) Absent: Jim Wolfe City Staff• Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:35 p.m. on Thursday, September 5, 1985, 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 Womack and seconded by Councilman McClure, the Council voted 6 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: a66 A. Approval of City Council Minutes of August 9, 10, 11, 1985 - FY 1985 - 86 Budget Retreat. B. Approval of City Council Minutes of August 15, 1985 - Regular Session. C. Approval of City Council Minutes of August 22, 1985 - Called - Special Session for Public Hearing on FY 1985 - 86 Budget. D. Authorization to city staff to pay bills associated with the 1979 - 82 Capital Improvement Program as follows: 1. Schrickel, Rollins and Associates $ 22,740.00 Contract for Construction of Ford Park Swimming Pool and Athletic Fields - Professional Services rendered for design and contract documents through award of bid per letter of agreement dated 9/5/84. 2. The Allen American $ 21.60 Contract for Construction of 8" Water Main on Main Street - Notice to Bidders a66 ALLEN CITY COUNCIL SEPTEMBER 5, 1985 Page 2 E. Set October 3, 1985 as Public Hearing Date on a Specific Use Permit for Mini -Warehouses and a Guard Residence in the Central Business District on 2.874 Acres of Land Located North of Proposed Boyd Street, South of East Coats, East of North Ash, and West of North Cedar, as requested by Brian McCall of H. C. Joint Venture. CONSENT AGENDA (cont'd) (Agenda Item II) a Request to Amend Zoning on Planned Development 3. The Allen American $ 48.00 house Zoning and Amend the Site Plan on Property Contract for Construction of Located East of Jupiter Road and North and South Ford Park Swimming Pool and B. Goldsteen, representing Bob Burkhart. Athletic Fields - Notice to Set September 19, 1985 as Public Hearing Dates on a Request to Annex 180.17 Acres of Land Bidders Located North of Stacy Road, West of U. S. 75 4. The Dallas Morning News $ 328.86 requested by Bryan B. Bush. Contract for Construction of Review the Minutes and Approve a Sign Variance Granted by the Sign Control Board for a sign Ford Park Swimming Pool and on an existing structure located on Bray Central, Athletic Fields - Notice to by Poole Lake Partners I, Ltd. Bidders motion carried. End of Consent Agenda. 5. Gohmann of Texas $3,342.41 Zoning on 21+ Acres from Street Overlay Program by AO to FP -O and FP -SC Location: Southeast Corner of City - asphalt - Invoices Requester: F.M. 2170 and S.H. 5 Cambridge Companies (Agenda Item III) 7846, 7831, 7810, dated August, 1985. E. Set October 3, 1985 as Public Hearing Date on a Specific Use Permit for Mini -Warehouses and a Guard Residence in the Central Business District on 2.874 Acres of Land Located North of Proposed Boyd Street, South of East Coats, East of North Ash, and West of North Cedar, as requested by Brian McCall of H. C. Joint Venture. Ordinance No. 627-9-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81, as Previously Amended, so as to Change the Following - Described Tract of Land from "AO" (Agricultural - Open Space) Classification to FP -SC (Flood Plain - Shopping Center) and FP -0 (Flood Plain - Office), Said Tract of Land Being Described as Follows: M" F. Set October 3, 1985 as Public Hearing Date on a Request to Amend Zoning on Planned Development No. 16 to Include Approximately 4 Acres of Town- house Zoning and Amend the Site Plan on Property Located East of Jupiter Road and North and South of Park Place Drive, as requested by Dr. Joel B. Goldsteen, representing Bob Burkhart. G. Set September 19, 1985 as Public Hearing Dates on a Request to Annex 180.17 Acres of Land Located North of Stacy Road, West of U. S. 75 Including a Portion of Cottonwood Creek, as requested by Bryan B. Bush. H. Review the Minutes and Approve a Sign Variance Granted by the Sign Control Board for a sign on an existing structure located on Bray Central, on the tract known as Allen Crossing, as requested by Poole Lake Partners I, Ltd. The motion carried. End of Consent Agenda. Public Hearing: Request for Permanent Zoning on 21+ Acres from Zoning: AO to FP -O and FP -SC Location: Southeast Corner of Requester: F.M. 2170 and S.H. 5 Cambridge Companies (Agenda Item III) and Ordinance No. 627-9-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81, as Previously Amended, so as to Change the Following - Described Tract of Land from "AO" (Agricultural - Open Space) Classification to FP -SC (Flood Plain - Shopping Center) and FP -0 (Flood Plain - Office), Said Tract of Land Being Described as Follows: M" ALLEN CITY COUNCIL SEPTEMBER 5, 1985 Public Hearing: Request for Permanent Zoning on 21± Acres Zoning: from AO to FP -O and FP -SC Requestor: Cambridge Companies (cont'd) (Agenda Item III) and Ordinance No. 627-9-85: (continued) Approximately 21.2474 Acres of Land Lying in the David Wetsel Survey, Abstract No. 997 and the William Perrin Survey, Abstract No. 708, Collin County, Texas; Providing for a Land Use Plan; Providing for a Penalty of Fine Not to Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. Page 3 Mayor Rodenbaugh read the request into the record as follows: "Public Hearing on a Request for Permanent Zoning on Approximately 21 Acres of Land from Agriculture - Open Space (AO) to Flood Plain - Office (FP -0) and Flood Plain - Shopping Center (FP -SC), Located at the South- east Corner of F.M. 2170 and State Highway 5 and Con- sider an Ordinance Changing the Zoning." Mr. Miles Minton, representinq the Cambridge Companies, spoke before the Council on behalf of this request. Mr. Minton provided background information on the Cambridge Company and some of their projects in the metroplex. Using a map of the property, Mr. Minton explained the zoning existing on the property and the requested zoning change and the reasoning for the placement of the office zoning and the shopping center zoning in the locations indicated on the map. He also reviewed the major thorough- fares in the area and explained the ingress/egress to the sites, advised of some of the proposed uses in the shopping center and advised of the building area of the shopping center and office park. Mr. Minton also pointed out the location of the flood plain area and how it would be incor- porated in this development. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this request for permanent zoning. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on August 8, 1985, recommended to the City Council approval of the permanent zoning request amended to restrict the office area to one story garden offices. At this time Rod Black, with PAWA Traffic Engineering Firm, spoke before the Council on the traffic study done for this proposed zoning. The Council discussed the traffic flow on Jupiter Road and F.M. 2170 and the indication in the traffic study of the left turn lane on F.M. 2170 into this development. 07.1.1 ALLEN CITY COUNCIL SEPTEMBER 5, 1985 Page 4 Public Hearing: Request for Permanent Zoning on 21± Acres Zoning: from AO to PP -0 and FP -SC Requestor: Cambridge Companies (Agenda Item III) and Ordinance No. 627-9-85: (cont'd Bill Petty, Director of Community Development, spoke before the Council on the traffic situation on F.M. 2170 and the proposal for the left turn lane on F.M. 2170. The Council also discussed with Mr. Minton the fact that no development was going to take place in the flood plain area. There was also a clarification of the map which showed a 2.5480 acre tract of land west of State Highway 5 and south of F.M. 2170 and if that property was a part of the zoning request. Mr. Minton advised that he did own that property but it was not a part of the zoning request. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton, the Council voted 6 - 0 to approve the request for permanent zoning on the 21± acres of land from AO to FP -O and FP -SC with the restriction of the office area to one story garden offices, in accordance with the Planning and Zoning Commission's recommendation, as stated; and to adopt Ordinance 627-9-85, as captioned previously. The motion carried. At this time, Mayor Rodenbauqh advised that consideration of Agenda Item VII -F "Items of Interest to the Council" would be placed before the Council. Items of Interest to the Council (Agenda Item VII -F) Mr. Jerry Caton, 404 Ola Lane, had submitted a written request to appear before the Council regarding his high water bill for the month of July, 1985. At this time, Mr. Caton spoke before the Council on the $100.00 water bill he had received for the month of July and that his normal watering habits had not been such to warrant that amount. He advised that the city had reread his meter and was told the results were the same. Then, without his permission, the city had taken out his old meter and put in a new meter and did not advise him that they were going to do that. He advised the Council that he felt the situation was not handled in a proper manner. The Council discussed with Mr. Caton the amount of water he uses normally each day, if he was charged for the meter change out or the testing of the meter. Ernie Hoback, Director of Public Works, spoke before the Council on the events regarding Mr. Caton's. water bill as performed by the city's Water and Sewer Department employees for the meter reread, the meter change out, Mr. Caton having an older model meter, the meter testing out correctly, and Mr. Caton being given a new water meter. The Council discussed with Mr. Caton and Mr. Hoback the different types of water meters, various things that can cause a higher than normal water bill during the summer months, what Mr. Caton's normal water usage was at his present residence and at another residence where Mr. Caton had previously lived. Charlotte Smith, Finance Director, spoke before the Council on Mr. Caton's water bill and advised that the month of July was the only month to be so high. 103 ALLEN CITY COUNCIL SEPTEMBER 5, 1985 Page 5 Items of Interest to the Council (cont'd) (Agenda Item VII -F) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Koch, the Council voted 6 - 0 to adjust Mr. Caton's water billing account to 25,000 gallons consumption for July, 1985. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen f City Council at 8:37 p.m. The meeting reconvened at 8:48 p.m. (v, At this time, Mayor Rodenbaugh return to the regular items on the agenda. Authorization to Execute a Contract Amending the Existing Contract Con- cerning Financing of the West Side Utilities - Belz Factory Outlet Mall Water Line (Agenda Item IV -A) City Manager Jon McCarty advised that Jimmie Williams, the Finance Director for Belz, was present to discuss the proposed contract with the Council. Ernie Hoback, Director of Public Works, spoke before the Council on the materials that had been furnished to the Council regarding this proposed contract. Mr. Hoback advised that the Council had been provided with the agreement, the cost breakdown of the construction of the water line, Security Agreement, UCC -1 Form with Westinghouse Credit Corporation, Description of Collateral, the February 14, 1983 Agreement between the city and Belz, a transcript of the April 5, 1983 City Council Meeting on the discussions of the Belz Water Line, Notice to Proceed on the capital project and the proposed pro rata ordinance. At this time, Councilman Rex Womack stated that he had thoroughly reviewed the above documents and he pointed out various areas in the agreement document that needed clarification or changing. Those areas were the total cost of the project was indicated at $1,296,902.04, but there was a question of whether the city had agreed to pay for Belz's supervision on the project, being in the amount of $9,609.20. On page 2 of the agreement, Mr. Womack pointed out that the promissory note referenced as "Exhibit B" was not included in the materials provided. Mr. Womack advised that the wording, in paragraph 2 on page 2, "under rates as may be provided in any other instrument or note evidencing the indebtedness to Developer for original or replacement funds, to the extent that the aforesaid note to Westinghouse Credit Corporation may be discharged, accelerated or satisfied."should not be in the agreement document. He advised that the paragraph 4 on page 4 of the agreement should be changed so that the paragraph does not say "all pro rata fees will be pay back to developer" because the costs for the line could be paid back by the sales tax revenues. He stated that paragraph 9 on page 6 of the agreement should be eliminated because he did not believe that the city could execute a financing statement. Mr. Womack also pointed out that the UCC 1 Statement shown in the materials meant that Westinghouse Credit Corporation had a lien on this water line and the possibility could exist that the city could pay off the water line costs to Belz and Belz not pay back the loan to Westinghouse Credit Corporation and the lien could continue on the water line. Mr. Womack recommended that Belz obtain a UCC 3 Statement to release the lien on the water line. Mr. Womack also recommended that the city not act on this agreement until all of the referenced documents had been sent to the City Attorney for review and clearance by him. FIZ ALLEN CITY COUNCIL SEPTEMBER 5, 1985 Page 6 Authorization to Execute a Contract Amending the Existing Contract Con- cerning Financing of the West Side Utilities - Belz Factory Outlet Mall Water Line (continued) (Agenda Item IV -A) Jimmie Williams, Finance Director with Belz, spoke before the Council on the comments made by Councilman Womack and reviewed the various concerns and provided clarification on t some of the areas that were questionable. Mr. Williams also indicated that he felt sure he would be able to obtain the UCC 3 Statement from Westinghouse Credit Corporation. Mr. Williams stated that if the UCC 3 Statement could not be obtained the agreement would have to be rewritten so that the city would pay them directly. There was considerable discussion by the Council with Mr. Williams on the points Councilman Womack had made and on the amount of the interest to be paid to Belz in this agreement and what the city agreed to in the original agreement made in February of 1983. The Council also discussed with city staff why payments had not already been made to Belz for the water line based upon the original agreement when the city had been receiving the sales tax revenues. City Manager Jon McCarty spoke before the Council on the payments to Belz and advised that the formula for the approp;fate payments had not been finalized, therefore, the city had not made any payments to them as of this date. After further discussion, City Manager McCarty reviewed again with the Council the results of their discussions and the changes to be made to the agreement. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to authorize the execution of the agreement pending the following modifications: On Page 2: The promissory note referenced in paragraph 2 needs to be attached as "Exhibit B", In paragraph 2 after the figure "($196,783.33)" the following words should be inserted: "accrued through December 31, 1989)". On Page 9: In paragraph 9 the last sentence, another be added to read: "In any will not pay back any more amount of the construction at the end of sentence should case, the city than the original costs plus interest." On Page 5: In paragraph 6, the fifth line down, the word "reports" should be added after tenant; and that Belz Investment Company will obtain a UCC 3 Form from Westinghouse Credit Corporation before the proposed agreement is executed and, if it is not obtained the proposed agreement will have to be changed again and be brought back to the Council for consideration. In addition, the agreement document will be reviewed and thoroughly checked by the City Attorney before it is executed, with paragraph 9 on page 6 of the agreement to be deleted if the City Attorney determines that the city cannot execute a financial statement. Also, the city on< ALLEN CITY COUNCIL SEPTEMBER 5, 1985 Page 7 Authorization to Execute a Contract Amending the Existing Contract Con- cerning Financing of the West Side Utilities - Belz Factory Outlet Mall Water Line (continued) (Agenda Item IV -A) staff is directed to start making payments to Belz Investment Company in accordance with the formula agreed upon and with the payment being made out of the city's water and sewer fund. The motion carried. Ordinance No. 628-9-85: An Ordinance of the City of Allen Establishing a Pro Rata Charge as a Prerequisite to Utilizing the Capacity of Specified Water Line; Providing a Severability; Providing a Penalty and Providing for an Effective Date of this Ordinance (Selz Outlet Mall Water Line). (Agenda Item IV -B) MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve and adopt Ordinance No. 628-9-85, as captioned above. The motion carried. Consider Awarding Bid for Purchase and Removal of Three Houses in the McDermott Right -of -Way (Agenda Item V) Bill Petty, Director of Community Development, spoke before the Council on the solicitation of bids, and the bid opening held on August 26, 1985 at 2:00 p.m. and the fact that the city did not receive any bids to remove the three houses on McDermott. Mr. Petty advised the Council of the options available to the city at this point, being to change the bid specifications and readvertise for bids, advertise them individually and hope that the city will receive some bids, the city can have them torn down and the debris carried away, or consider a proposal that has been submitted by J. J. Greene, Inc., for disposal of the houses. Mr. Petty reviewed the proposal that had been submitted by J. J. Greene, Inc., for removal of the houses and the changes in the proposal as compared to the bid specifications. Mr. Petty also advised of the cost estimates for the city's tearing down the houses and having to haul away the debris. Mr. Petty also pointed out the time frame for trying to accomplish this so that the street construction can begin. Mr. Petty advised that it was the city staff's recommendation that the city go forward with the proposal as submitted by the J. J. Greene, Inc., and that the city staff prepare a contract to be entered into by the city and the J. J. Greene, Inc., to insure that the project is completed. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Pendleton, the Council voted 5 - 0 (with Councilman Koch being absent) to accept the proposal as submitted by the J. J. Greene, Inc., and to direct city staff to prepare and execute a contract based upon the bid specifications as amended by the letter from the J. J. Greene, Inc., to dispose of the three houses in the McDermott Right -of -Way. The motion carried. 1N- ALLEN CITY COUNCIL SEPTEMBER 5, 1985 Review Specifications and Authorize Solicitation of Bids for the City of Allen's Official Newspaper (Agenda Item VI) Before consideration of this item, Mayor Rodenbaugh advised that he would be abstaining from the consideration of this item due to a possible conflict of interest and advised that he had filed the appropriate conflict of interest statement with the City Secretary prior to the Council meeting. Mayor Rodenbaugh turned the Council meeting over to Mayor Pro Tem Farmer. At this time let the record also reflect that Councilman Gary Koch had left the Council meeting and he would not return. Councilman Koch had also filed the appropriate conflict of interest statement with the City Secretary prior to the Council meeting. City Secretary Marty Hendrix reviewed with the Council the bid specifications for the receipt of bids for the city's official newspaper. Ms. Hendrix advised that the city had to bid the newspaper this year due to the fact that there were two newspapers in Allen that could qualify under state law as the city's official newspaper. Ms. Hendrix pointed out to the Council that a question had been raised regarding a portion of the City Charter, Section 10.05 "Personal Interest", which would have to be considered in the award of the bid for the city's official newspaper. Ms. Hendrix advised that a legal opinion would have to be obtained regarding this matter and the Council Ar would be advised of that legal opinion as soon as possible. Ms. Hendrix stated that it was the city staff's recom- mendation that the Council approve the specifications and authorize the receipt of bids, pending the legal opinion, for the city's official newspaper. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted four (9) for, none (0) opposed, and two (2) abstentions from Mayor Rodenbaugh and Councilman Koch, to approve the spec- ifications and authorize the receipt of bids for the city's official newspaper, pending the legal opinion, in accordance with the city staff's recommendation, as stated. The motion carried. Mayor Rodenbaugh returned to his place on the Council bench and Mayor Pro Tem Farmer turned the meeting back over to Mayor Rodenbaugh. Appointments to Boards and Commissions (Agenda Item VII -A) City Secretary Marty Hendrix advised the Council of the information that had been provided to them for consideration for the upcoming appointments to be made at the Council meeting Le on September 19th. Ms. Hendrix advised of the addition of another data sheet, provided the names of the individuals who had indicated that they did not want to be reappointed, advised of the upcoming appointment for the City Health Officer position, and discussed with the Council the appointment of a member to the Parks and Recreation Board for a limited one year term of office rather than the two year term of office. Ms. Hendrix advised that consideration of the appointments to the Parks and Recreation Board and the Board of Adjustment/ Sign Control Board would be before the Council at the next meeting both in an executive session and at the regular session. This item was received as a matter of information. There was no action taken on this item. 201 ALLEN CITY COUNCIL SEPTEMBER 5, 1985 Page 9 Review Calendar for Main Street Assessment Process (Agenda Item VII -B) Bill Petty, Director of Community Development, provided the Council with information showing the assessment procedure under state law and reviewed those procedures with the Council. Mr. Petty then reviewed the proposed calendar with the Council on the assessment procedure process and pointed out that the city staff recommended that the Council hold the public hearing on the street assessment on October 14th rather than at the Council's regular meeting. This item was received as a matter of information. There was no action taken on this item. Consider Temporary Paving During Main Street Construction (Agenda Item VII -C) Bill Petty, Director of Community Development, spoke before the Council on several requests from local merchants to have some paving done to accomodate customer parking during the Phase I construction of Main Street. Mr. Petty advised that the areas included portions of Austin by Allen Lumber Company and the alleyway next to Tony's Meat Market. Mr. Petty stressed that this would be a temporary paving job to facilitate needs for the construction and would not become an ongoing street maintenance project for the city. The Council discussed with Mr. Petty those areas that were to be temporarily paved and the fact that the city did not want this to become a maintenance problem and at what point would the city limit areas to be paved. Mr. Petty reviewed again the areas to be considered for the temporary paving. Those areas were specified as the east side of Austin Street, north of F.M. 2170 (Main Street), the east and west sides of Austin Street, south of F.M. 2170 down to Belmont, and the alley next to Tony's Meat Market. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 5 - 0 to authorize the city staff to proceed with the temporary paving of the specified sites stated by city staff, those areas being the east side of Austin Street, north of F.M. 2170 (Main Street), the east and west sides of Austin Street, south of F.M. 2170 down to Belmont, and the alley next to Tony's Meat Market; and that the city was not to pave any private property; and that it should be noted that the city is responding to a need at this time due to the construction of Main Street and that these areas will not be continually maintained by the city. The motion carried. Items Related to the Schedule on the Sale of Bonds (Agenda Item VII -D) City Manager Jon McCarty advised the Council of the status of the audit on the water and sewer fund and that a preliminary schedule had been prepared for the bond rating trip to New York and for the sale of the bonds. Mr. McCarty advised that the sale of the bonds has been scheduled for Monday, September 3Q, 1985 at 7:30 p.m. The trip to New York has been scheduled for any time between Monday, September 16th through Wednesday, September 18th. Mr. McCarty stated that the city staff was proposing that the Council leave for New York on Sunday, September 15th and return on Tuesday, September 17th in order to have time for the two bond presentations. ]nR ALLEN CITY COUNCIL SEPTEMBER 5, 1985 Page 10 Items Related to the Schedule on the Sale of Bonds (cont'd) (Agenda Item VII -D) The Council discussed the proposed dates and who would be able to go on the trip to New York and having a meeting the next week to go over the presentations to be made to the bond rating agencies. It was concluded that the city staff should proceed with the plans for the trip to New York on the 15th, 16th, and 17th of September and the members of the Council who could attend would notify the City Manager as soon as possible so that reservations could be made. This item was received as a matter of information. There was no action taken on this item. Joint City Council/City Employee Party (Agenda Item VII -E) City Secretary Marty Hendrix advised the Council that she had heard that there was an interest to hold a joint City Council and city employee party rather than the City Council and Boards/Commission Members annual Christmas Party. Ms. Hendrix requested some input on that idea and some suggestions on what type of social function it should be. There was a brief discussion by the Council on that idea and it was concluded that the city would continue with the annual Christmas Party for the Council and the Boards and Commission Members. This item was received as a matter of information. There was no action taken on this item. Items of Interest to the Council (Agenda Item VII -F) City Manager Jon McCarty reminded the Council of the upcoming public hearing on the proposed tax rate for FY 1985 - 86 scheduled for Tuesday, September 10, 1985, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex. Adjournment MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 5 - 0 to adjourn the regular session of the Allen City Council at 11:35 p.m. on Thursday, September 5, 1985. The motion carried. These minutes approved on the 19th day of September 1985. Donald P. Rodenbaugh MAYOR �M cj-A-g, Marty Hendrix, 6iTY SECRETARY