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HomeMy WebLinkAboutMin - City Council - 1986 - 10/02 - RegularALLEN CITY COUNCIL REGULAR SESSION OCTOBER 2, 1986 Present: Donald P. Rodenbaugh, Mavor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Rex Womack Jim Wolfe Jim Pendleton Jack Pennington City Staff: Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 6:30 p.m. on Thursday, October 2, 1986, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Mayor Rodenbaugh adjourned the regular session of the Allen City Council into Executive Session at 6:32 p.m. Executive Session (Agenda Item II) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(f) and (g), the Allen City Council convened into Executive Session at 6:33 p.m. in the Conference Room of the Allen Municipal Annex in order to discuss matters pertaining to property and personnel. The Executive Session was adjourned at 7:50 p.m. The Allen City Council reconvened back into their regular session at 7:58 p.m. on Thursday, October 2, 1986, in the Council Chambers of the Allen Municipal Annex. CONSENT AGENDA (Agenda Item III) MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, 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 September 18, 1986 - Regular Session. B. Authorization to city staff to pay bills associated with the 1979 Capital Improvement Program as follows: 4410, There were no bills to be paid at this time. C. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Black & Veatch Engineers $ 3,955.33 Construction of Stacy Road Pump Station (Second Delivery Point) - Engineering Services in Connection with Preliminary Engineering, Preparation of Drawings and Specifications and Contract Administration - Period: August, 1986 XS ALLEN CITY COUNCIL OCTOBER 2, 1986 Page 2 CONSENT AGENDA (cont'd) (Agenda Item III) 2. Casco Industries $ 7,989.50 Fire Apparatus Equipment for Pumper for Fire Department Period: September, 1986 3. Dallas Landscape Systems, Inc. $ 28,362.54 (101 Landscape & Installation for Main Street Project - Phase I Period: To Oct. 1, 1986 - Application No. 2 4. Delta Lighting Systems, Inc. $ 27,274.00 Street Lighting for Main $ 29,100.00 Street Project - Phase I Period: 9/12 & 9/16/86 Invoices: 5573 & 5573/1 5. SWA Group $ 1,333.10 Streetscape Project - Main Street Project - Phase I - Professional Services Period: 8/1 thru 8/31/86 6. SWA Group $ 213.07 Streetscape Project - Main Street Project - Phase I - Reimbursable Expenses Period: 8/1 thru 8/31/86 7. General Homes Corporation $ 64,455.93 Street Improvements to Story Park/School Site - Malone Drive/Edelweiss Dr. Paving - Invoice No. 2 8. Graham Associates $ 2,697.50 Right -of -Way Mapping for Street Improvements to McDermott Drive (F.M. 2170) - Engineering Services Period: Thru Play 20, 1986 9. Price "Barracade" and Signal Company, Inc. $ 282.21 Traffic Signals and Signs for Main Street Project Period: 9/3/86 Invoice No. 11640 10. Gohmann Asphalt & Construction $ 1,419.4C 1986 Asphalt Overlay Program - Allenwood Drive - Hot Asphalt Mix Period: 9/10 - 9/15/86 D. Set November 6, 1986 as the Public Hearing Date on a Request for Permanent Zoning of Shopping Center "SC" on 2.583 Acres of Land owned by Collin County, Located West of U.S. 75 and South of F.M. 2170. The motion carried. End of Consent Agenda ALLEN CITY COUNCIL OCTOBER 2, 1986 Page 3 Resolution No. 750-10-86(R): A Resolution of the City of Allen, Collin County, Texas, Approving the Proposed Zoning on a 144.012 Acre Tract of Land, Directing City Staff to Work With Applicant on Resolving Six Specific Platters Pertaining to Subject Property, and Directing City Staff to Prepare Appropriate Ordinance(s) Upon the Finalizing of the Six Platters. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for Permanent Zoning of "SC" Shopping Center, "MF" Multi -family with 18 Units to the Acre, Garden Home, "R-4" Single Family Residential and "CF" Community Facilities on 144.012 Acres of Land Located at the Southeast Corner of Stacy Road and State Highway 5 as Requested by Hunt Properties and Consider an Ordinance Establishing Permanent Zoning on 135.867 Acres of Land to "SC, "PIF, "R-4, and "CF" and Consider an Ordinance Zoning 8.141 Acres to Garden Home with an Effective Date to Coincide with the Planned Amendment to the Com- prehensive Zoning Ordinance to Include a Garden Home District." Jack Hatchell, traffic engineer with Barton-Aschman Associates, Inc., presented to and spoke before the Council on this request for permanent zoning, Mr. Hatchell advised the Council that the following representatives were present on behalf of this request: Jim Parker, representing the Hassie Hunt Estate, Don Dillard, 2M Oaths -of -Office to Newly Appointed and Reappointed Members of the Parks and Recreation Board and the Board of Adjustment/Sign Control Board (Agenda Item IV -A) City Secretary Marty Hendrix administered the oath -of -office to the following newly appointed and reappointed members of the Parks and Recreation Board and the Board of Adjustment/ Sign Control Board: Parks & Recreation Board Ray Lewis - Place No. 1 Board of Adjustment/Sign Control Board George Chrisman - Place No. 2 John Karlsruher - Place No. 4 Board of Adjustment Galen Clay - Alternate No. 2 Plaque -of -Appreciation to Helen Johnson for Service to the Park Board (Agenda Item IV -B) Mayor Rodenbaugh presented a plaque -of -appreciation to Helen Johnson for her six years of service to the Parks and Recreation Board. Public Hearing: Request for Permanent Zoning of Shopping Center, Multi -Family With 18 Units to the Acre, Garden Home, "R-4" Single Family Residential and Community Facilities on 144.012 Acres Location: Southeast Corner of Stacy Road and State Highway 5 Requestor: Hunt Properties (Agenda Item V-A) and Resolution No. 750-10-86(R): A Resolution of the City of Allen, Collin County, Texas, Approving the Proposed Zoning on a 144.012 Acre Tract of Land, Directing City Staff to Work With Applicant on Resolving Six Specific Platters Pertaining to Subject Property, and Directing City Staff to Prepare Appropriate Ordinance(s) Upon the Finalizing of the Six Platters. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for Permanent Zoning of "SC" Shopping Center, "MF" Multi -family with 18 Units to the Acre, Garden Home, "R-4" Single Family Residential and "CF" Community Facilities on 144.012 Acres of Land Located at the Southeast Corner of Stacy Road and State Highway 5 as Requested by Hunt Properties and Consider an Ordinance Establishing Permanent Zoning on 135.867 Acres of Land to "SC, "PIF, "R-4, and "CF" and Consider an Ordinance Zoning 8.141 Acres to Garden Home with an Effective Date to Coincide with the Planned Amendment to the Com- prehensive Zoning Ordinance to Include a Garden Home District." Jack Hatchell, traffic engineer with Barton-Aschman Associates, Inc., presented to and spoke before the Council on this request for permanent zoning, Mr. Hatchell advised the Council that the following representatives were present on behalf of this request: Jim Parker, representing the Hassie Hunt Estate, Don Dillard, 2M ALLEN CITY COUNCIL OCTOBER 2, 1986 Page 4 Public Hearing: Request for Permanent Zoning of Shopping Center, Multi -Family With 18 Units to the Acre, Garden Home, "R-4" Single Family Residential and Com- munity Facilities on 144.012 Acres Requestor: Hunt Properties (Agenda Item V-A) and Resolution No. 750-10-86(R) (cont'd) representing Hunt Properties, Roy Wilshire, representing PAWA- Winkelmann & Associates, Inc., Rick Horn, planner, and Ray Noah, attorney. Mr. Hatchell reviewed with the Council the location of the property, provided a historic perspective of the proposed development of this site and how it progressed to the proposed zoning being requested. Mr. Hatchell reviewed the location of the retail tract and pointed out how it will also be in a location to serve the City of Fairview. Mr. Hatchell reviewed the other tracts showing the location of the multi -family, garden homes, "R-4" Single Family Residential, and the Community Facilities tract. Mr. Hatchell then reviewed the results of the traffic analysis study and advised that the developer has agreed to participate in the improvements to the intersections of State Highway 5 and Stacy Road and of State Highway 5 and Exchange Parkway. Mr. Hatchell also advised the Council that the developer was willing to work with the city on a landscape plan for the Community Facilities site in order to enhance the area since it will be located adjacent to the shopping center site. Mayor Rodenbaugh opened the public hearing. With no one wishing to speak either for or against this request for permanent zoning, Mayor Rodenbaugh closed the public hearing. The Planning and Zonina_ Commission, at their regular meeting held on August 28, 1986, recommended to the City Council approval of the request with the following modifications: 1. Details of the necessary right-of-way and easements should be defined. 2. Further information from COG as to pro -rata formula for off-site construction of the traffic intersection improvements. 3. Provisions for Tract 4 to be in a separate submission to be adopted as a separate ordinance after the amendment to the Comprehensive Zoning Ordinance establishing a "Gil" district. 4. The land use plan should become an attachment and a part of the ordinance approving this zoning restricting the 14F-2 to 18 units per acre, 200 units maximum. Bill Petty, Director of Community Development, spoke before the Council on the improvements to be made to the intersections of Stacy Road and State Highway 5 and Exchange Parkway and State Highway 5 and the agreement by the developer to participate in those costs. 299 ALLEN CITY COUNCIL OCTOBER 2, 1986 Page 5 Public Hearing: Request for Permanent Zoning of Shopping Center, Multi -Family _ With 18 Units to the Acre, Garden Home, "R-4" Single Family Residential and Com- munity Facilities on l7, 144.012 Acres Requestor: Hunt Properties (Agenda Item V-A) and Resolution No. 750-10-86(R) (cont'd) At the Council's request, Don Dillard, representing Hunt Properties, spoke before the Council on the suggestion that Hunt Properties work with the city to provide for an appealing landscape plan for the community facilities property, which will be the location of the Stacy Road Pump Station and ground storage tank. There was further discussion on the participation in the intersection improvements and participation by the developer on what portions and when the funds would be placed in escrow. There was also discussion on the fact that at the present time there did not exist in the city's Comprehensive Zoning Ordinance a "Garden Home" district. Therefore, this portion of the permanent zoning request had been submitted separately and the developer was aware that the zoning on this particular tract of land would be approved under a separate ordinance which could not be brought forth for approval until the city's zoning ordinance had been amended to allow for this particular district. The developer had also indicated that they would develop the garden home district in accordance with the guidelines that the city approved for garden homes. MOTION: A motion was made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton to adopt Resolution No. 750- 10-86(R), approving the proposed zoning on the 144.012 acres of land as submitted, directing city staff to work with applicant on resolving six specific matters pertaining to subject property, and directing city staff to prepare appropriate ordinance(s) upon the finalizing of the six specific matters. The six specific matters are: 1. The land use plan shall become an attachment and a part of the ordinance approving this zoning and shall restrict the MF -2 to 18 units per acre, 200 units maximum. 2. The dollar amounts of the pro -rata participation in the appropriate sections of the intersections shall be based upon estimates by the city engineer at the time of platting. 3. The zoning of the "Garden Home" district will have to be approved in a separate ordinance and will �y have to meet the requirements of the "Garden Home" district as will be approved in the city's zoning ordinance. This "Garden Home" permanent zoning ordinance on the subject property shall be placed on the City Council's Consent Agenda. 4. There will be a dedicated easement from the property owner, handled under a separate instrument, relative to water line construction and services where needed in that area. "4 ALLEN CITY COUNCIL OCTOBER 2, 1986 �pi Public Hearing: Request for Permanent Zoning of Shopping Center, Multi -Family With 18 Units to the Acre, Garden Home, "R-4" Single Family Residential and Com- munity Facilities on 144.012 Acres Requestor: Hunt Properties (cont'd)(Agenda Item V-A) and Resolution No. 750-10-86(R) (cont'd) The dedication of the deed for six acres of land for the community facility property shall be con- summated under a separate deed instrument and shall be delivered to the city or the city's agent. 6. Both the city and the applicant shall jointly pursue, in a cooperative manner, the obtaining of a court order dismissing all litigation existing between the entities and a refund of the funds that the city has advanced in that regard. The Council voted 7 - 0 in favor of the motion. The motion carried. Public Hearing: Request for Permanent Zoning of "PD" Planned Development on 148.19 Acres of Land Location: South of S.H. 121, North of Ridgeview Drive and East and West of Stacy Road Requestor: Allen 121 Center - Wines/Shaddock & Cook (Agenda Item V -B) and Ordinance No. 751-10-86: 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) Classifi- cation to Permanent Zoning of "PD" (Planned Development) No. 40, Said Tract of Land Being Described as Follows: Approximately 148.19 Acres of Land Lying in the H. Seaborn Survey, and the R. F. Clements Survey, Abstract No. 879, Collin County, Texas; Providing for Use Regulations, Pro- viding 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; Pro- viding for a Severability Clause; and Providing for the Effective Date of Said Ordinance. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for Permanent Zoning of "PD" Planned Development on 148.19 Acres of Land Located South of State Highway 141, North of Ridgeview Drive and East and West of Stacy Road as Requested by Allen 121 Center, Wines/Shaddock and Cook and Consider an Ordinance Establishing Permanent Zoning of Planned Development." am ALLEN CITY COUNCIL OCTOBER 2, 1986 Page 7 Public Hearing: Request for Permanent Zoning of "PD" Planned Development on 148.19 Acres of Land Requestor: Allen 121 Center - Wines/Shaddock & Cook (Agenda Item V -B) and Ordinance No. 751-10-86 (cont'd) Pat Atkins, with Don Tipton Engineering, presented to and spoke before the Council on this request for permanent zoning of Planned Development on 148.19 acres. Mr. Atkins introduced other representatives present, those being Doug Stewart, traffic engineer, Bill Shaddock, Peter Shaddock, and Bill Wines, the property owners. Mr. Atkins presented the land use plan of the property anc reviewed the location of the property with the Council. Mr. Atkins then presented a large map of the comprehensive plan neighborhood districts and reviewed the proposed uses of the subject property. Mr. Atkins reviewed the floor area ratio of the commercial districts and the proposed height of the office buildings, and advised of the development criteria. Mr. Atkins also reviewed the traffic analysis for this site. Mayor Rodenbaugh opened the public hearing. With no one wishing to speak either for or against this request, Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on July 24, 1986, recommended to the City Council approval of the Planned Development request as revised. The Council discussed the floor area ratio and the traffic level to be expected on State Highway 121. MOTION: Upon a motion made by Councilman Pendleton and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve this request for permanent zoning of Planned Development in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 751-10-86, as captioned previously. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:47 p.m. The meeting reconvened at 9:01 P.M. Approval of the Linear Park Greenbelt Study (Agenda Item VI) and Resolution No. 752-10-86 (R): A Resolution of the City Council, City of Allen, Collin County, Texas, Adopting the Attached Greenbelt/ Linear Park Study as an Amendment to the 1985 Comprehensive Plan for the City of Allen, Texas, and Directing That It Be Placed Into Use by the Appropriate Boards and Commissions and City Staff. Mark Thornton, Director of Parks and Recreation, spoke before the Council on the Linear Park/Greenbelt Study. PTdm ALLEN CITY COUNCIL OCTOBER 2, 1986 Page 8 Approval of the Linear Park/Greenbelt Study (cont'd) and Resolution No. 752-10-86(R)(cont'd) (Agenda Item VI) Mr. Thornton also advised that David Morgan, consultant with Albert Halff & Associates, who did the study was also present to answer any questions posed by the Council. Mr. Thornton then provided a brief overview of the contents of the study and the implementation of the plan. Mr. Thornton advised the Council that on August 19th, the Greenbelt/Linear Park Study Steering Committee voted to recommend approval of the study to the Parks and Recreation Board. On September 29th, the Parks and Recreation Board recommended approval of the study. On October 2nd, the Planning and Zoning Commission reviewed and approved the study, with the attachment of an executive summary to be forwarded to the City Council. Copies of the executive summary were distributed to the City Council for their review and discussion. After reviewing the statements made by the Planning and Zoning Commission in the executive summary, the Council discussed paragraphs 1, 9, and 10. There was further discussion on the location in the document on the actual recommendations of the study and how they were voted upon by the Steering Committee, the intent of the time frame for the construction of paths being from one to five years and when this time period was to start, and the flexibility of the document. There was considerable discussion by the Council on the use of this document and the flexibility of it and the fact that it will be adopted as an amendment to the Comprehensive Plan. MOTION: Upon a motion made by Councilman Pennington and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the Linear Park/Greenbelt Study as presented and in accordance with the recommendation of the Parks & Recreation Board and the Greenbelt/Linear Park Steering Committee and to recognize the executive summary presented by the Planning and Zoning Commission, with the exception of paragraph 1; and to adopt Resolution No. 752-10-86(R), as captioned previously. The motion carried. Consider a Request for a Special Permit for a Sign Overhanging a Portion of the Main Street Sidewalk (Agenda Item VII) David McCormick, building owner of 109 W. Main Street, spoke before the Council on his request to erect a sign on the front of his new building which would extend over the sidewalk on Main Street approximately 3 feet. He explained that because the sign extended over public property, a special permit had to be obtained from the City Council. The Council discussed with Mr. McCormick the location of the sign and if the sign was going to be lighted. Mr. McCormick advised that the sign would not be lighted. There was also discussion with city staff as to why the Council would consider action on this item rather than the Sign Control Board. 'aa ALLEN CITY COUNCIL OCTOBER 2, 1986 Page 9 Consider a Request for a Special Permit for a Sign Overhanging a Portion of the Main Street Sidewalk (cont'd) (Agenda Item VII) MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve the request for a special permit to allow a sign to overhang the public sidewalk in front of 109 W. Main Street. The motion carried. Review Specifications and Authorize Bids for Ford Park Phase II (Agenda Item VIII) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the specifications for construction of Phase II to Ford Park. Using a site plan of the park, Mr. Thornton reviewed the facilities to be added to the park. Those new facilities are three multi-purpose courts, four tennis courts (two lighted), nineteen picnic tables, one mile of jogging trail, and an additional soccer field. Mr. Thornton advised the Council that the bidding document had been prepared to reflect priorities as established by the Texas Parks and wildlife Department Grant Program, with the additional items as alternate bid items to allow flexibility of the city's available funds. The funds available for Ford Park Phase II total $547,800. Estimates for the project, as developed by the engineering firm, range from $500,000 to $750,000 depending on the market conditions. Mr. Thornton advised that part of the plan for Phase II consisted of a concession stand with restrooms. The Council discussed with Mr. Thornton if the facility would have doors on the restrooms and if they would be kept locked during certain time periods. It was suggested that the restroom facilities be built without doors so that they could continuously be used. Mr. Thornton also advised the Council of recent discussions he had had with the Athletic Director at Allen High School regarding the building of restrooms at the new football stadium at Ford Middle School and the city also using those facilities. Mr. Thornton advised the Council that it was the city staff's recommendation that the specifications be approved and authorization be given to city staff to solicit bids for construction of Phase II of Ford Park. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve the specifications and authorize the receipt of bids for the construction of Phase II of Ford Park in accordance with the recommendation of city staff, as stated. The motion carried. Resolution No. 753-10-86(R): A Resolution Designating the Allen American the Official Newspaper of the City of Allen, Collin County, Texas, for the Fiscal Year 1986 - 87. (Agenda Item IX) MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve and adopt Resolution No. 753-10-86(R), as captioned above. The motion carried. 1Q7 Le L ALLEN CITY COUNCIL OCTOBER 2, 1986 Ordinance No. 754-10-86: An Ordinance of the City of Allen, Collin County, Texas, Providing for Outside Watering and Landscape Irrigation; Repealing Ordinance No. 711-7-86; Declaring an Emergency; Providing for an Effective Date; Providing a Penalty for Violation Hereof; Providing for Severability and Publication of the Caption Hereof. Page 10 (Agenda Item X) Ernie Hoback, Director of Public Works, spoke before the Council on the proposed ordinance which would allow the Mayor to impose certain water restriction hours. MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Pennington, the Council voted 7 - 0 to approve and adopt Ordinance No. 754-10-86, as captioned above. The motion carried. Update on Proposed Allen Heights Bridge and County Participation (Agenda Item XI -A) Bill Petty, Director of Community Development, spoke before the Council on the construction to be done to the Allen Heights Bridge and of the county's participation in the project. This item was received as a matter of information. There was no action taken on this item. Update on Tax Reform Impacts on Tax Exempt Bonds (Agenda Item XI -B) Michael Stanger, Administrative Assistant to the City Manager, spoke briefly before the Council on an update of information he had prepared on the tax reform impacts on tax exempt bonds. 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 XI -C) Councilman Pendleton asked city staff for an update on the completion of the landscaping for Main Street and when the contract is expected to be completed. Mark Thornton, Director of Parks and Recreation, spoke before the Council on this item. Councilman Wolfe commended Richard Carroll, Police Chief, on helping a handicapped individual who was stranded on State Highway 5 with car trouble. Adjournment Mayor Rodenbaugh adjourned the regular session of the Allen City Council back into executive session at 10:28 p.m. ALLEN CITY COUNCIL OCTOBER 2, 1986 Executive Session Page 11 In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(g), the Allen City Council convened into executive session at 10:30 p.m. on Thursday, October 2, 1986, in the Conference Room of the Allen Municipal Annex, in order to discuss matters pertaining to personnel. The executive session was adjourned at 11:45 p.m. These minutes approved on the 16th day of October 1986. Marty Hen C, CITAS ECRETARY/ 29t