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HomeMy WebLinkAboutMin - City Council - 1985 - 10/03 - RegularALLEN CITY COUNCIL REGULAR SESSION OCTOBER 3, 1985 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Jim Wolfe Jim Pendleton Absent: Gary Koch 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 7:34 p.m. on Thursday, October 3, 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 Mayor Pro Tem Farmer and seconded by Councilman Pendleton, 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 September 19, 1985 - Regular Session. B. Authorization to city staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Gohmann of Texas $ 8,093.42 Street Overlay Program by City - Invoices No. 8035, 8098, 8086, 8135, 8146, 8123, 8110 - dated September, 1985, for asphalt. C. Set October 17, 1985 as Public Hearings Date on a Request to Annex 147.679 Acres of Land Located South of Rowlett Road, East of F.M. 2478 and North of West Rowlett Creek as requested by Jeffrey A. Barnes representing Don F. Jones. i D. Set October 17, 1985 as Public Hearings Date on a Request to Annex 27.303 Acres of Land West of U. S. 75, North of Rowlett Creek and Southwest of Watters Branch as requested by William D. Parson, Cambridge Companies. The motion carried. End of Consent Agenda vi ALLEN CITY COUNCIL OCTOBER 3, 1985 Oaths -of -Office to Reappointed and Newly Appointed Members of the Parks and Recreation Board and the Board of Adjustment/Sign Control Board Page 2 (Agenda Item III -A) City Secretary Marty Hendrix administered the oath -of - office to the following individuals on the city's boards: NAME PLACE/BOARD Don Proeschel Place No. 1 - Parks & Recreation Board John Cahill Place No. 3 - Board of Adjustment/Sign Control Board Harold Biggs Place No. 5 - Board of Adjustment/Sign Control Board Carolyn Latimer Alternate No. 1 - Board of Adjustment Galen Clay Alternate No. 2 - Board of Adjustment Ms. Hendrix advised the Council that the oath -of -office had been administered to Rick Alexander, Place No. 1 on the Board of Adjustment/Sign Control Board, on September 27, 1985 since he could not attend the Council meeting. She added that the oaths for the remainder of the Parks and Recreation Board Members would be administered at the Parks Board meeting, or in her office. Those members are Mickey Christakos and Helen Johnson. Plaques -of -Appreciation Presented to Outgoing Members of the Board of Adjustment/Sign Control Board (Agenda Item III -B) Mayor Rodenbaugh presented a plaque -of -appreciation to Don Rirkindoll, outgoing member of the Board of Adjustment/ Sign Control Board, Place No. 3, for his service to that Board from October .1982 to September 1985. Mayor Rodenbaugh also advised that a plaque was to be presented to Carol Henry, outgoing member of the Board of Adjustment/Sign Control Board, Place No. 5, for her service to that Board from October 1982 to October 1985, but she was not in attendance at the meeting. Mayor Rodenbaugh advised that her plaque would be sent to her. Public Hearing: Request to Amend Planned Development No. 16 to Include an Additional 4.07 Acres of TH Zoning and Site Plan Approval on the 4.07 Acres Location: East of Jupiter Road and North and South of Park Place Drive Requestor: Bob Burkart and Ordinance No. 641-10-85: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 472-11- 83, and Amending the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as Heretofore Amended, so as to Change the Following Described (Agenda Item IV -A) 02� CITY OF ALLEN OCTOBER 3, 1985 Page 3 Ordinance No. 641-10-85: Tract of Land from "PD" Planned Development No. 16 and "TH" Townhouse Classification to "PD" Planned Development No. 34; Said Tract of Land Being Described as Follows: Approximately 25.95 Acres Out of the David Wetzel Survey, Abstract No. 977, Recorded in Volume 683, Page 784, Deed Records of Collin County, Texas; Providing for Use Regulations; Providing for a Site Plan; Pro- viding 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 (Agenda Item IV -A) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Amend Planned Development No. 16 to Include an Additional 4.07 Acres of Townhouse Zoning and a Request for Site Plan Approval on 4.07 Acres of Land Located East of Jupiter Road and North and South of Park Place Drive and Consider an Ordinance Establishing Planned Development No. 34 and Attaching the Approved Site Plan." Dr. Joel Goldsteen, representing Bob Burkart, spoke before the Council regarding this zoning change request. Dr. Goldsteen presented a site plan showing the total 25.95 acres of land and advised the Council of the incorrect field notes when the property was originally zoned and the need to add an additional one acre to the tract. Mr. Goldsteen then reviewed the request for zoning change advising of the proposed configuration in the townhouse districts of two units per row rather than the six units per row, that an additional 16 units have been added to accommodate the one acre correction of error in the survey, and that the minimum average square footage of the multi -family area be 850 square feet. He also advised that it was the developer's request that the area that had been previously utilitized for a storm drainage ease- ment be put underground to city standards to allow for a fire lane to be constructed in this easement. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this zoning change request. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular session held on August 22, 1985, recommended to the City Council approval of the request for zoning change with the following stipulations: The existing drainage easement running north and south across the property be converted to underground drainage. No structures be constructed within the 100 -year flood plain. ALLEN CITY COUNCIL OCTOBER 3, 1985 Page 4 Public Hearing: Request to Amend Planned Development No. 16 to Include an Additional 4.07 Acres of TH Zoning and Site Plan Approval Requester: Bob Burkart (cont'd) (Agenda Item IV -A) and Ordinance No. 641-10-85: (cont'd) The Council discussed with Dr. Goldsteen the deletion of the word "proposed" on page 4 of the use regulations so that it read "unit mix" and not "proposed unit mix". There was also discussion on the changing of the general requirements of the original zoning request and whether these were indeed suppose to be the same and brought forward as they were approved with the original zoning request. Dr. Goldsteen clarified that the general requirements were to stay the same as in the original zoning requests. There was a brief discussion on the agreement between the city and the developer on the paving of Park Place Drive and the developer's reimbursement to the city for that paving at the time of platting of this property and what the status of that agreement was at this time. Bill Petty, Director of Community Development, spoke before the Council on the open space requirements as they relate to townhouse zoning. He also advised of the open space requirements regarding planned developments and how (`/, they are calculated. Mr. Petty also spoke to the reference noted in the use regulations as to a change in the building materials as allowed in the city's zoning ordinance, and what those materials were in this proposed zoning change request. In further discussion, it was pointed out to Dr. Goldsteen that there should also be another inclusion under "Building Regulations" for the townhouses from the uses listed in the original zoning change, that being that the dwelling units may be converted to condominium ownership at alater date. If they are converted, then prior to any conversions, the Condominium Owners Association legal documents shall be sub- mitted to the City of Allen for review. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton, the Council voted five (5) for and one (1) opposed, with Councilman McClure casting the negative vote, to approve the zoning change request in accordance with the recommendation of the Planning and Zoning Commission, as stated; and with the stipulations that the "General Regulations" from the original zoning change be the "General Regulations" for this approved zoning change and that included under "Building Regulations" for the townhouses there will be added the following paragraph: "b. Dwelling units may be converted to condominium ownership at a later date. Prior to any con- versions, the Condominium owners Association legal documents shall be submitted to the City of Allen for review."; and to adopt Ordinance No. 641-10-85, as captioned previously. The motion carried. ')zw 4 CITY OF ALLEN OCTOBER 3, 1985 Page 5 Public Hearing: Request for Site Plan Approval and Specific Use Permit for Mini -Warehouses and a Guard Residence on 2.874 Acres Zoned: Central Business District Location: South of Coats Drive, West of Cedar and East of Ash Requester: Brian McCall (Agenda Item IV -B) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing on a Request for Site Plan Approval and a Specific Use Permit for Mini -Warehouses and a Guard Residence on 2.87 Acres Currently Zoned C.B.D. (Central Business District) Located South of Coats, West of Cedar and East of Ash and Consider an Ordinance Auth- orizing the Specific Use Permit." Brian McCall, property owner, spoke before the Council on behalf of this request for site plan approval and a specific use permit. This request consisted of seven (7) mini -warehouse buildings located on the 2.87 acres, with a guard residence located at the entrance off of East Coats Street. The buildings represented 53,100 square feet in warehouse space. Mr. McCall spoke before the Council on the land- scaping of this site and advised of the type of fencing to be used. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this request for site plan approval and specific use permit. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on August 22, 1985, recommended to the City Council approval of the request for site plan approval and specific use permit with modification to the fire lane as recommended by the Fire Marshal. The Council discussed with Mr. McCall the number of mini -warehouses that would be constructed in this develop- ment. Mr. McCall advised that there would be a total of 450 mini -warehouse units but that they would not be built all at one time. This development would be built in phases as the need for mini -warehouses is needed in the city. There was considerable discussion by the Council on this use in the Central Business District, the large number of units in this development, the fact that mini -warehouse units are located across from this location, the phasing of the development, and whether this use should be at this location within the Central Business District. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton, the Council voted three (3) for and three (3) opposed, with Council Members McClure, Womack and Wolfe casting the negative votes, to approve the request for site plan approval and a specific use permit. The motion failed due to the tie vote. 2,S ALLEN CITY COUNCIL OCTOBER 3, 1985 Page 6 Public Hearing: Request for Site Plan Approval and Specific Use Permit for Mini -Warehouses and Guard Residence on 2.874 Acres Requestor: Brian McCall (cont'd) (Agenda Item IV -B) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted five (5) for and one (1) opposed, with Councilman Pendleton casting the negative vote, to direct Mr. McCall to take into consideration the comments made by the Council at this meeting and to allow him to resubmit his request to the Council at a later date. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:45 p.m. The meeting reconvened at 9:00 p.m. Request to Appear by Jim Templin Regarding Speed Limit on Butler (Agenda Item V) Mr. Jim Templin, 304 S. Butler, spoke before the Council on the existing speed limit on Butler Drive and advised that he had observed city vehicles, city employees and other individuals speeding on that street. He stated that he had contacted the Police Department and they had set up a radar check several times but the individuals could see the officer doing the check so it was not effective. Mr. Templin also advised that there were approximately 20 children living in the area and his main concern was that someone might hit a child. He requested that the Council consider changing the speed limit from 30 mph to 20 mph. Mayor Rodenbaugh advised Mr. Templin that the Council would take his request under consideration. Mayor Rodenbaugh requested that the city staff and the Police Department look into the matter and provide a report back to the Council. There was no action taken on this item. Resolution No. 642-10-85(R): A Resolution of the City Council of the City of Allen, Texas, Approving and Authorizing the City Manager to Enter Into an Agreement With the City of Plano That Would Allow the Transfer of the 7.5 mgd Water Pipeline Capacity in the North Plano Pipeline to the City of Plano. (Agenda Item VI) City Manager Jon McCarty reviewed the proposed resolution with the Council regarding an agreement with the City of Plano that would allow the transfer of the 7.5 mgd water pipeline capacity in the North Plano Pipeline from the City of Allen to the City of Plano. Mr. McCarty referenced a letter from Carl W. Riehn, Executive Director of the North Texas Municipal Water District, regarding the need for approval of the transfer and the city's request for the use of the capacity in the McKinney Pipeline by the Board of Directors of the North Texas Municipal Water District. Mr. McCarty stated that it might be that the city would relinquish the capacity in the Plano Pipeline before the Board has approved the use of the capacity in the McKinney Pipeline, however, that should pose no problem to the city. MR ALLEN CITY COUNCIL OCTOBER 3, 1985 Page 7 Resolution No. 642-10-85(R) (cont'd) (Agenda Item VI) The Council discussed with the City Manager the fact that the city would never need the capacity in the Plano Pipeline for any further development of Allen and if this action was just a straight transfer from one city to another of a responsibility of the capacity of that line and that Allen would not receive any benefit from the action. Mr. McCarty advised the Council of the three proposed delivery points for the city for the future and that those needs would not be from the capacity of the Plano Pipeline. Mr. McCarty also advised that there would not be any con- sideration given to the city for the transfer of the line. The Council also discussed the 5 MGD capacity in the McKinney Pipeline and if that was the maximum amount that the city could obtain from that line and just how long would that capacity be good for in the future development. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 6 - 0 to approve and adopt Resolution No. 642-10-85(R), as captioned previously. The motion carried. Award of Bid for Newspaper Advertising for Fiscal Year 1985 - 86 and Resolution No. 643-10-85(R): Resolution Designating The Coe Allen American the Official Newspaper of the City of Allen, Collin County, Texas. (Agenda Item VII) City Secretary Marty Hendrix advised the Council of the bid opening held on September 26, 1985, at 2:00 p.m., for the city's official newspaper for the fiscal year 1985 - 86. Ms. Hendrix stated that a no bid was received from The Allen Leader due to a possible conflict of interest. Ms. Hendrix advised that a bid had been received from The Allen American and she advised of the various amounts bid for the types of classified advertising that the city does each year. Ms. Hendrix advised the Council that the city staff's recommendation was that the bid be awarded to The Allen American and that The Allen American be designated as the city official newspaper for the -fiscal year 1985 - 86. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted 6 - 0 to approve the bid as submitted by The Allen American and to approve and adopt Resolution No. 643-10-85 R), as captioned previously, in accordance with the city staff's recommendation, as stated. The motion carried. Ordinance No. 644-10-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 592-3-85 by Amending Exhibit "A" (Building Permit Fees) Attached Thereto, Providing for a Severability Clause, Providing a Penalty for Violation of This Ordinance, Providing for the Publication of the Caption Hereof, and Providing for an Effective (Agenda Item VIII) �n ALLEN CITY COUNCIL OCTOBER 3, 1985 Page 8 Ordinance No. 644-10-85 (cont'd) (Agenda Item VIII) Bill Petty, Director of Community Development, presented to and spoke before the Council on the new building permit fees. Mr. Petty reviewed the building permit fees of some other cities in comparison with the City of Allen. The Council discussed with Mr. Petty how long the fees would be effective and various aspects of the proposed fees. They also discussed when these fees would go into effect, if approved, and if developments already in progress would be effected. Mr. Petty distributed copies of the proposed ordinance to the Council for review. The Council also discussed with city staff the possibility of the development of certain policies or procedures whereby the staff could proceed with the changing of fees without having to receive Council's action each time this is needed. In this discussion, it was pointed out that all fees are established by a city ordinance and the ordinances have to be acted upon by the City Council. MOTION: Upon a motion made by Councilman Pendleton and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve and adopt Ordinance No. 644-10-85, as captioned previously. The motion carried. Approval of Specifications and Authorization to Solicit Bids for Three (3) Police Replacement Vehicles (Agenda Item IX -A) Police Chief Richard Carroll presented to and spoke before the Council on the bid specifications for three (3) replacement vehicles for the Allen Police Department. Chief Carroll advised the Council that the specifications for the vehicles were identical to those from the previous year. Chief Carroll advised that the city staff's recommendation was that the City Council approve the specifications as pre- sented and to authorize the receipt of bids for the vehicles. The Council discussed the possibility of the city staff researching the need for the Council's action on the approval of the specifications and receipt of bids to see if this step was necessary or if perhaps it can be placed on the Consent Agenda for consideration. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to approve the specifications and authorize the solicitation of bids for three (3) police replacement vehicles, in accordance with the city staff's recommendation, as stated. The motion carried. O2A A ALLEN CITY COUNCIL OCTOBER 3, 1985 Approval of Specifications and Authorization to Solicit Bids for a Tractor for the Parks and Recreation Department Page 9 (Agenda Item IX -B) Mark Thornton, Director of Parks and Recreation Department, presented to and spoke before the Council on the specifications for a tractor for the Parks and Recreation Department. Mr. Thornton advised that it was the city staff's recommend- ation that the City Council approve the specifications and authorize the receipt of bids for a tractor. The Council briefly discussed how long this tractor would serve.the city's needs. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the specifications and authorize the solicitation of bids for a tractor for the Parks and Recreation Department. The motion carried. TML Conference (Agenda Item X -A) City Secretary Marty Hendrix advised the Council of the upcoming Texas Municipal League Conference to be held on October 31 - November 2, 1985, in San Antonio. Ms. Hendrix advised that the advance registration needed to be sent in and requested that members of the Council interested in attending should notify her of their plans to attend. 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 X -B) Councilman Womack requested a status report on the obtaining of the easements for the ASAP sewer line from the remaining property owners of McDermott, Williams, and James. Councilman Womack also requested a status report on the contract with Belz Outlet Mall. City Manager Jon McCarty advised the Council that the city had not heard from the representatives of the Belz Outlet Mall regarding the obtaining of the UCC 3 Statement as of this date. The city had been in contact with Belz and at this time technically the status is an unfinished contract. City Manager McCarty advised of conversations with Mrs. Frances Williams regarding the obtaining of the easement on her property for the ASAP sewer line and he stated that she was to sign the easement tomorrow. Mrs. McDermott had stated earlier that she would sign the same easement document that is agreed to by Mrs. Williams. Mr. McCarty stated that the easement on Mr. James' property has been turned over to the City Attorney. The City Attorney has tried to contact Mr. James but as of this date has not been able to contact him. since Mr. James seems to travel quite a lot. Mayor Pro Tem Farmer asked about the status of the con- demnation proceedings that the AISD is contemplating on a school site and wondered if the city would also be involved in that proceedings. D 2 ALLEN CITY COUNCIL OCTOBER 3, 1985 Page 10 Items of Interest to the Council (cont'd) (Agenda Item X -B) City Manager McCarty advised that the school district is gathering information now to proceed with the condemnation. He added that he would have to talk with the School Superintendent to see if it would be a benefit to have the city join in on this proceeding. If that is the case, then Mr. McCarty stated that he would bring forth a recommendation for the Council's consideration in the matter. The Council briefly discussed how ad valorem taxes are determined on a mini -warehouse at the request of Mayor Pro Tem Farmer. Mayor Pro Tem Farmer advised the Council of the recognition recently received by the Allen Independent School District Board of Trustees as the outstanding School Board in the State of Texas. Mayor Pro Tem Farmer added that their presentation submitted to received the award was outstanding and the Council should try to see it as it contained information on the city's and the school's joint participation in various projects. Mayor Pro Tem Farmer suggested that the Council show their congratulations to the Board of Trustees in the form of a resolution. In further discussion by the Council on this item, it was suggested that the city hold a reception for the School Board and have the presentation shown and invite the public to attend. It was concluded that the City Manager would talk with the Superintendent to see what plans were being done for this recognition and if the plans that the city had talked about were agreeable to the school district. Resolution No. 645-10-85(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Regarding the Docketing of a Request for Extended Area Service Before the Public Utilities Commission of Texas. (Agenda Item X-C) City Manager Jon McCarty spoke before the Council on the proposed resolution regarding the docketing of a request for Extended Area Service (EAS) before the Public Utility Commission of Texas. Mr. McCarty advised of some information that had been provided to the Council. Those items were a letter from Don Price with the Public Utility Commission (PUC), the PUC rules concerning EAS, a copy of a letter written by Mr. McCarty to Mr. Price delineating the agenda for the upcoming meeting with the PUC,and a copy of the Southwestern Bell traffic use study. Mr. McCarty reviewed a portion of the resolution that states that the City of Allen, on behalf of the telephone users within the city, expresses its readiness to bear the entire cost of providing the requested EAS. He also reviewed a portion of the rules which states that the city must express its readiness to bear the entire cost of providing the requested EAS service in writing. Mr. McCarty also pointed out a flow chart of the process which had been prepared by Councilman Wolfe and advised that further steps in the process would be discussed in the upcoming meeting with the PUC and telephone companies on October 16, 1985. Mr. McCarty then reviewed portions of the traffic use study completed by Southwestern Bell on the number of calls placed from Allen to the Dallas area. 246 ALLEN CITY COUNCIL OCTOBER 3, 1985 Page 11 Resolution No. 645-10-85(R) (cont'd) (Agenda Item X-C) Mr. McCarty advised that the city staff's recommendation was that the City Council consider adopting the proposed resolution. Mayor Rodenbaugh then advised the Council that the Telephone Subcommittee of the Council had reviewed all of the materials to date and recommended to the Council to proceed with trying to obtain the Extended Area Service. The Council briefly discussed if the costs for the service had been calculated as of this date, and how certain portions of the telephone traffic use study had been calculated. MOTION: Upon a motion made by Councilman Pendleton and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve and adopt Resolution No. 645-10-85(R), as captioned previously, and in accordance with the city staff's recommendation and the Telephone Subcommittee's recommendation, as stated. The motion carried. 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 10:25 p.m. on Thursday, October 3, 1985. The motion carried. These minutes approved on the 3rd day of October 1985. MCITY SECRETARY SECRETARY � P Eoug2h_ -ems i Donald P. Rodenbaugh, MAYO ')U(