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HomeMy WebLinkAboutMin - City Council - 1986 - 04/17 - RegularCITY OF ALLEN ANNEXATION PUBLIC HEARING APRIL 17, 1986 37.418 Acres Present: Jon McCarty, City Manager In accordance with Article 970(a), V.A.T.C.S., the public hearing was called to order by City Manager Jon McCarty at 1:01 p.m. on Thursday, April 17, 1986, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Manager McCarty advised that the 37.418 acres of land out of the Francis Dosser Survey, Abstract No. 280, Collin County, Texas, has been requested to be annexed into the Allen city limits by the property owner, R.D. Stringfellow. City Manager McCarty advised that the prepared service plan for the 37.418 acres was available for public review. Mr. McCarty reviewed the location of the property, being west of U.S. 75, north of Stacy Road and east of County Road 150. City Manager McCarty opened the public hearing. With no one wishing to speak either for or against this annexation request, City Manager McCarty closed the public hearing. The public hearing was adjourned at 1:15 p.m. These minutes reviewed and approved on this the 17th day of April, 1986. iai ALLEN CITY COUNCIL REGULAR SESSION APRIL 17, 1986 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Rex Womack Jim Wolfe Jim Pendleton Jack Pennington 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, April 17, 1986, 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 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of April 3, 1986 - Regular Session. B. Approval of City Council Minutes of April 10, 1986 - Called - Special Session. C. Authorization to city staff to pay bills associated with the 1979 Capital Improvement Program as follows: Kenneth Maun, Collin County $178.74 Tax Assessor/Collector Delinquent County and Collin County Community College Taxes for City -owned Property D. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Black & Veatch Engineers $36,630.44 Contract for Engineering for Second Delivery Point (Stacy Road Pump Station) - Engineering Services in Connection with Preliminary Engineering, Pre- paration of Drawings and Spec- ifications and Contract Admin- istration for Water Distribution Improvements, Including a Ground Storage Tank, Pumping Station, and Distribution Mains - Project No. 12815 - Period: March, 1986 1311 ALLEN CITY COUNCIL APRIL 17, 1986 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 2. Graham Associates, Inc. $ 685.00 Engineering Services Connected with Preparing Field Notes and Plat for Filing School/City Site on Malone Road Le 3. Southwestern Laboratories $ 647.60 Test and trip charge on March 14 and 15, 1986 for Phase I of Main Street Project 4. Graham Associates, Inc. $ 6,230.00 Contract for Phase I - Main Street Project - Construction Staking Period: March 18, 1986 5. Graham Associates, Inc. $ 2,177.50 Contract for Phase I - Main Street Project - Engineering Design and Contract Administration, Includes Coordination to Achieve Work of SWA Architect Period: Thru March 18, 1986 E. Schedule of Taxes Receivable as of March 31, 1986. F. Resolution No. 693-4-86(R): A Resolution by the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1985 Tax Rolls and a Refund Issued for Overpayment of 1985 Taxes. G. Set May 15, 1986 as Public Hearing Date to Consider a Specific Use Request for a Private Stables Located East of State Highway 5 and North of the First United Methodist Church, as requested by Don Jones, property owner. The motion carried. End of Consent Agenda Grand Award Winner of the Sesquicentennial Poster Contest (Agenda Item Iii) Charlie Barnard, Chairman of the city's Sesquicentennial Committee, spoke before the Council on the poster contest held for Allen school children for a design that depicted the "Spirit of the Sesquicentennial". Mr. Barnard advised that the committee had reviewed all of the posters entered in the contest and had selected the grand award winner. Mayor Rodenbaugh advised that the grand award winner was Mika Witkowski, 8th grade student at Ford Middle School, and Mr. Barnard unveiled the winning poster. Mayor Rodenbaugh advised that a proclamation had been prepared to be presented to Mika. The proclamation was read by City Secretary Marty Hendrix. Mayor Rodenbaugh and Mr. Barnard presented Mika with the proclamation and congratulated her on winning the contest. lag ALLEN CITY COUNCIL APRIL 17, 1986 Page 3 Public Hearing: Request to Annex 37.418 Acres of Land Location: West of U.S. 75, North of Stacy Road and East of County Road 150 Requestor: R. D. Stringfellow, Property Owner (Agenda Item IV -A) Mayor Rodenbaugh read the request into the record as follows: Public Hearing to Consider a Request to Annex 37.418 Acres of Land Located West of U.S. 75, North of Stacy Road and East of County Road 150 as Requested by Property Owner, R. D. Stringfellow." Mr. J. T. Dunkin, land planner and representing the property owner, spoke before the Council on behalf of this annexation request. Mr. Dunkin pointed out the location of the 37.418 acres of land out of the Francis Dosser Survey, Abstract No. 280, Collin County, Texas, on a plat of the property and the location map. City Manager Jon McCarty advised the Council that in accordance with State Law, the first public hearing was held by the city staff at 1:00 p.m. on Thursday, April 17, 1986, in the Council Chambers of the Allen Municipal Annex. Minutes of those proceedings had been prepared and furnished to the City Council for their review. He also advised that the service plan for the subject property had been prepared and was available for public inspection. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this request for annexation. The Mayor closed the public hearing. Mayor Rodenbaugh announced that there would be no action taken on this request at this time. The annexation ordinance would be prepared and presented to the City Council at their regular meeting to be held on Thursday, May 15, 1986, for consideration of adoption. Public Hearing: Request for Permanent (Agenda Item IV -B) 1.14 Zoning on 83.1830 Acres of Land for Flood Plain - Light Industrial (FP -LI) Zoning: Agricultural - Open Space Location: West Side of S.H. 5, South of Texet Drive, North of Rowlett Creek Requestor: Thomas Blakeley, repre- senting Molsen Family and Ordinance No. 694-4-86: An Ordinance of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance of the City of Allen, as Heretofore Amended, so as to Establish Permanent Zoning, To -Wit: "FP -LI" Flood Plain - Light Industrial, on the Following Described Tract of Land: Approximately 83.1830 Acres of Land in the MCBane Jamison Survey, Abstract No. 491, the T. G. Kennedy Survey, Abstract No. 500, and the Jeremiah Muncy Survey, Abstract No. 621, Situated in Collin County, Texas, and Beina Located West of State Highway 5, North of Rowlett Creek, South of Texet Drive and East of the Southern Pacific Rail- road Tracks; Providing for a Penalty (Agenda Item IV -B) 1.14 ALLEN CITY COUNCIL APRIL 17, 1986 Page 4 Public Hearing: Request for Permanent Zoning on 83.1830 Acres of Land for Flood Plain - Light Industrial (FP -LI) Requestor: Thomas Blakeley, repre- senting Molsen Family (Agenda Item IV -B) and Ordinance No. 694-4-86: 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 an Effective Date. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for Permanent Zoning on 83.1830 Acres of Land for Flood Plain - Light Industrial Located on the West Side of State Highway 5, South of Texet Drive, and North of Rowlett Creek and Consider an Ordinance Establishing Permanent Zoning of Flood Plain - Light Industrial." Thomas Blakeley, attorney and representing the property owners, the Molsen Family, presented to and spoke before the Council on the request for permanent zoning of the 83.1830 acres of land. Using a copy of the comprehensive land use map, Mr. Blakeley reviewed the location of the property, advised of the proposed use in the city's comprehensive master plan and pointed out the amount of flood plain area located on the site. He advised the Council of the property owner's request that the land be zoned so that the property could be sold. 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 March 13, 1986, recommended to the City Council approval of the request as submitted. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wilson, the Council voted 7 - 0 to approve the request for permanent zoning of FP -LI on the 83.1830 acres in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 694-4-86, as captioned previously. The motion carried. Consideration of an Appeal by Utal Development Company for a Variance to the City Street Design Standards (Agenda Item V) Pete Boecher, with Jones and Boyd and representing the property owners, Utal Development Company, spoke before the Council on a request by Utal Development Company to use brick paving and logo design on certain major thoroughfares adjacent to their Suncreek Addition planned on the west side of U.S. 75, south of McDermott. Using an artist's rendering of the landscaping and design of the brick pavers, Mr. Boecher explained to the Council that Utal Development wanted to use the brick pavers on the major thoroughfares to indicate cross -walks, to place their unique development logo design in the street and to use the brick pavers in the tips of the medians on the thoroughfares. IdS ALLEN CITY COUNCIL APRIL 17, 1986 Page 5 Consideration of an Appeal by Utal Development Company for a Variance to the City Street Design Standards (cont'd) (Agenda Item V) Mr. Beecher reviewed the artist renderings of the six different entrances into the development and explained that the locations were on Hedgecoxe Road, Alma Drive, and Suncreek Boulevard at McDermott. Mr. Beecher explained to the Council that he was requesting approval of these entrance designs because upon review of this request by city staff, they had been advised that city staff would not approve of the use of the brick pavers on the major thoroughfares. Mr. Boecher explained that the use of the brick pavers would enhance the look of the development as well as save the city maintenance costs in not having to repeatedly paint in the cross walks on the thoroughfares. The Council discussed with city staff what action they were considering at this meeting and what the city staff recommendation was on this item. Bill Petty, Director of Community Development, spoke before the Council on the findings determined by city staff as follows: 1. Even though the brick paver designs are attractive, the Suncreek logo should not be allowed in city streets, and subject the city to maintenance of the commercial advertisement. 2. A city-wide design standard should dictate a consistent design for intersection of major thoroughfares. 3. Brick paver design standards of this multitude require a great deal more maintenance over the life of the roadway than does traditional paving standards adopted by the city. The additional maintenance results in further costs to all areas of the city, rather than just those affected. 4. McDermott Drive (F.M. 2170) is a State Farm to Market Roadway and there has been no substantiation that these paving standards would satisfy the State of Texas design standards for highway con- struction. Mr. Petty advised that the city staff's recommendation was that the landscape and screening design standards at major and secondary entrances be allowed, and that the brick paver crosswalks, for the benefit of aesthetic view be allowed on interior streets within the development; and that the commercial logo and brick paver sidewalks be denied within intersections of major thoroughfares. The Council discussed with city staff and Mr. Boecher the fact that approval of the use of the brick pavers on one side of the major thoroughfares would also force the property owners on the other side of the thoroughfares to use them and complete the designs; how not approving of the use of the brick pavers would effect the development; if there was a proven record on the maintenance of the brick pavers; the use of the brick pavers strictly in the development and not on the major thoroughfares; the fact that a portion of this request lies in the City of Plano and they would have to approve that portion of the request; and the city's design standards for streets would have to be changed if this was approved in order to be consistent. ia4, ALLEN CITY COUNCIL APRIL 17, 1986 Page 6 Consideration of an Appeal by Utal Development Company for a Variance to the City Street Design Standards (cont'd) (Agenda Item V) MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, the Council voted 7 - 0 to approve the city staff's recommendation which stated that the landscape and screening design standards at major and (4111, secondary entrances be allowed, and that the brick paver crosswalks for the benefit of aesthetic view be allowed on interior streets within the development; that the brick pavers be denied within the intersections of major thoroughfares; and commercial logos be denied within all city streets; and that this motion shall also serve as a policy position of the City Council on all other similar requests throughout the City. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:39 p.m. The meeting reconvened at 8:98 p.m. Approval of an Architectural Firm Selected to Design Municipal Facilities and Authorize Staff to Enter Into Negotiations for Architectural Services (Agenda Item VI) Mayor Rodenbaugh advised the Council that presentations by the architectural firms had been reviewed by the Council on April 15, 1986. City Manager Jon McCarty recognized city staff members who participated in the architect selection process and commended them on their work. Those individuals being, Richard Carroll, Chief of Police, Barbara Buehler, Library Director, Ron Gentry, Fire Chief, and Michael Stanger, Administrative Assistant to the City Manager. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve of the architectural firm of William H. Hidell to design the municipal facilities and site and to authorize city staff to enter into negotiations for those architectural services. The motion carried. At this time, City Manager Jon McCarty spoke before the Council on some research that he and city staff had conducted on the use of a construction manager in the upcoming construction on the police and courts building, new library and renovation to the central fire station. Mr. McCarty explained the job responsibilities of a con- struction manager and the complexities of hiring one. He advised of talking with several construction management firms and some of the advantages to the city with the use of a con- struction manager. The Council discussed with Mr. McCarty the need for a construction manager when the architect can oversee the project, how the hiring of a construction manager will benefit the city in terms of costs of the projects, if other cities use this concept in their construction, if there is duplication of work between the construction manager and the architect, when the construction manager would come to work and how his fee would be determined. ia: ALLEN CITY COUNCIL APRIL 17, 1986 Page 7 Approval of an Architectural Firm Selected to Design Municipal Facilities and Authorize Staff to Enter Into Negotiations for Architectural Services (cont'd) (Agenda Item VI) After the discussions by the Council on the use of a construction manager, City Manager Jon McCarty advised that the issue would be discuss with the architect for the municipal facilities and a recommendation would be brought forward at a future date. Resolution No. 695-4-86(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Determing a Public Necessity Exists to Acquire a 5.974 Acre Tract of Land and to Authorize the City Manager and the Law Offices of Earl Luna, Inc., to Institute Necessary Administrative Proceedings or Any Other Actions Required to Obtain Fee Simple Ownership of the Site for a Second Delivery Point and Ground Storage Facility. (Agenda Item VII) The proposed resolution determines that a 5.974 acre tract of land out of the James T. Roberts Survey, Abstract No. 777, located south of Stacy Road and east of State Highway 5, is needed to be acquired by the City of Allen for the location of the city's Second Delivery Point and Ground Storage Facility and authorizes the City Manager and the Law Offices of Earl Luna, Inc., to institute the necessary administrative proceedings in order to acquire this property from the property owner, Hassie Hunt Exploration Company. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Wolfe, the Council voted 7 - 0 to adopt Resolution No. 695-4-86(R), as captioned above. The motion carried. Consider Action on Rules and Regulations for Pool Operations at the Municipal Swimming Pool Located at Ford Park (Agenda Item VIII -A) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the proposed rules and regulations for operation of the municipal swimming pool located at Ford Park. The Council discussed with Mr. Thornton various aspects of the proposed rules and regulations regarding one bounce on the diving board, the area to be used in application of these rules being the entire area enclosed in the fence, not just the swimming pool area, definition of "acts of physical affection", that no rafts or floats can be brought into the pool, and that some of the rules will have to be interpreted by the pool personnel. The Council also discussed that the wording "except during specified times" should be added at the end of some of the rules and regulations because some of them are allowed under certain circumstances. Mr. Thornton advised that the Parks and Recreation Board, at their regular meeting held on April 14, 1986, recommended to the City Council approval of the rules and regulations as presented. 112 ALLEN CITY COUNCIL APRIL 17, 1986 Consider Action on Rules and Regulations for Pool Operations at the Municipal Swimming Pool Located at Ford Park (cont'd) (Agenda Item VIII -A) The Council discussed the fact that the Parks and Recreation Board should be given the authority by the City Council to approve the rules and regulations and the selection of programming for the pooloperation rather than the Council so that when changes are necessary they will not have to be brought before the Council for approval. The Council discussed placing that authority in the proposed ordinance setting the fee schedules. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pennington, the Council voted 7 - 0 to direct the Parks and Recreation Board to structure the appropriate rules and regulations and programming for the city's municipal swimming pool located at Ford Park and that this direction be reflected in the appropriate fee ordinance to be brought back for approval at a later date. The motion carried. Consider Action on Fees and Charges Related to the Municipal Swimming Pool Located at Ford Park (Agenda Item VIII -B) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the proposed ordinance levying the fees for the use of the municipal swimming pool located at Ford Park. The Council discussed with Mr. Thornton changing the fee structure to charge non-residents a higher fee, how difficult it is to regulate who lives in Allen and who doesn't on a daily basis, how the fees were determined and what costs for maintenance are they suppose to cover, if the fees are similar to what other adjacent cities are charging at their municipal pools, and is the planning principal in the establishment of the fees to eventually make the swimming pool self-sustaining. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, the Council voted six (6) for and one (1) opposed, with Councilman Pendleton casting the negative vote, to approve the proposed fees for the use of the municipal swimming pool located at Ford Park, with the appropriate ordinance to be brought back at a future date reflecting those fees. The motion carried. Review Items for Programming Relating to the Municipal Swimming Pool Located at Ford Park (Agenda Item VIII -C) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the proposed programming of the municipal 440, pool facilities. Mr. Thornton advised of the hours of operation, the use of the pool for the city's day camp program, Red Cross swimming days, swim team for Allen, teen night, and family night. K11 ALLEN CITY COUNCIL APRIL 17, 1986 Page 9 Review Items for Programming Relating to the Municipal Swimming Pool Located at Ford Park (cont'd) (Agenda Item VIII -C) The Council discussed with city staff the hours of operation, the need to open up the pool more to general admission with less emphasis on the special swim nights for various groups, and the fact that the Parks and Recreation Board will determine the appropriate programming for the pool and it can always be changed depending on the demand. Action on this item was handled under Agenda Item VIII -A, on page 8. Quarterly Financial Report - Period Ending March 31, 1986 (Agenda Item IX) Charlotte Smith, Finance Director, presented to and spoke before the Council on the quarterly financial report for the period ending March 31, 1986. Mrs. Smith reviewed with the Council the reports showing statement of revenues, expenditures/expenses; the statement of revenues for the general fund; the statement of expenditures of the general fund; the statement of revenues for the water and sewer fund and the statement of expenses for the water and sewer fund. The Council briefly discussed various aspects of the reports. This item was received as a matter of information. There was no action taken on this item. Annual Council Photograph (Agenda Item X -A) City Secretary Marty Hendrix advised the Council that their annual photograph was tentatively scheduled to be taken at 7:00 p.m. on Thursday, May 1, 1986. This item was received as a matter of information. There was no action taken on this item. Municipal Advisory Council Report (Agenda Item X -B) City Manager Jon McCarty reviewed various statistical data with the City Council that was reflected in a document titled "Texas Municipal Reports" prepared by the Municipal Advisory Council of Texas,dated January 9, 1986. The information was regarding the city's bond indebtedness for their general obligation bonds and for the water and sewer revenue bonds. City Manager Jon McCarty pointed out in particular information on page 2 of the document and advised of the city k considering refinancing their current bonds for lower interest rates, to restructure the debt, and in order to change portions of the bond ordinances especially those pertaining to debt service requirements in the water and sewer fund. Mr. McCarty then explained to the Council the need recently to have the water and sewer fund audited in order to obtain a new bond rating and this would have to continue, thus causing two financial audits each year. The only way to eliminate this is to refinance the 1972 revenue bonds in order to change a portion of the bond ordinance relating to the fiscal year requirements for debt service coverage. Mr. McCarty advised that city staff is now talking with the city's bond agent regarding the above items. V61 ALLEN CITY COUNCIL APRIL 17, 1986 Page 10 Municipal Advisory Council Report (cont,d) (Agenda Item X -B) This item was received as a matter of information. There was no action taken on this item. Collin County Public Officials Association Meeting (Agenda Item X-C) Mayor Rodenbaugh advised of the upcoming meeting of the Collin County Public Officials Association in McKinney on April 24th at 6:30 p.m. at the Holiday Inn and asked the Council if anyone was planning to attend. Mayor Rodenbaugh, Mayor Pro Tem Farmer, and Councilman Pendleton advised that they were planning 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 -D) City Secretary Marty Hendrix advised the Council that the plaques -of -appreciation to the outgoing Council Members had not been presented at this meeting due to the fact that both gentlemen were out of town and could not attend this meeting. She advised that they would be presented at the Council Meeting to be held on May 1st, except Gary Koch could not attend that meeting either and had requested that it be mailed to him. Mayor Pro Tem Farmer asked city staff it there was any current status on H. R. 3838. City Manager McCarty advised the Council of what information he had. Adjournment MOTION: upon a motion made by Councilman Wilson and seconded by Councilman Wolfe, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:45 p.m. on Thursday, April 17, 1986. The motion carried. These minutes approved on the 1st day of 1986. Marty Hendrix, ITY SECRETARY , Donald P. Rodenbaugh, MAYOR' IEA The Council briefly discussed holding a reception for an outgoing Council Member who had served several years on the Council as to whether it was appropriate at this time and if it would set a precedent. City Manager Jon McCarty advised the Council that he had been told by Southwestern Bell Telephone Company that the new number 5 Western Electric Digital Switch had been delivered to the site in Allen. He also advised of the installation of 24 additional long distance lines or loops which will serve Allen, so that when the new switch is installed the city will have numerous more capabilities on the phone system. Mayor Pro Tem Farmer asked city staff it there was any current status on H. R. 3838. City Manager McCarty advised the Council of what information he had. Adjournment MOTION: upon a motion made by Councilman Wilson and seconded by Councilman Wolfe, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:45 p.m. on Thursday, April 17, 1986. The motion carried. These minutes approved on the 1st day of 1986. Marty Hendrix, ITY SECRETARY , Donald P. Rodenbaugh, MAYOR' IEA