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HomeMy WebLinkAboutMin - City Council - 1987 - 05/07 - RegularCITY OF ALLEN ANNEXATION PUBLIC HEARING MAY 7, 1987 60.0033 Acres Present: City Staff: Marty Hendrix, City Secretary These minutes reviewed and approved on this the 7th day of MAY, 1987. Marty Hendrix, C, City Secretar In accordance with Article 970(a), V.A.T.C.S., the public hearing was called to order by City Secretary Marty Hendrix at 1:00 p.m. on Thursday, May 7, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Secretary Marty Hendrix advised that the 60.0033 acres of land out of the Francis Dosser Survey, Abstract No. 280, and the George Phillips Survey, Abstract No. 701, Collin County, Texas, has been requested to be annexed into the Allen city limits by the property owner, Ray W. Washborne, S.R.E. Ltd. City Secretary Marty Hendrix advised that the property was located north of Stacy Road, west of U.S. 75 and south of the extension of Ridgeview Drive. She also advised that the prepared service plan for the 60.0033 acres was available for public review. v City Secretary Hendrix opened the public hearing. No one appeared to speak either for or against this annexation request. Ms. Hendrix closed the public hearing. The public hearing was adjourned at 1:15 p.m. These minutes reviewed and approved on this the 7th day of MAY, 1987. Marty Hendrix, C, City Secretar NO ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1987 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Bobby Glass Jim Pendleton Jim Wolfe 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 7:30 p.m. on Thursday, May 7, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) At the request of Councilman Wolfe, Consent Agenda Item "E" was removed for individual consideration. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, the Council voted 7 - 0 to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of April 16, 1987 - Regular Session. B. Approval of City Council Minutes of April 29, 1987 - Called - Special Workshop Session. C. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Architectural Utilities $ 70,490.00 Project No. 50-002-1 Construction of Ford Park - Phase II - Application No. 4 Period: 4/30/87 2. Jim Lea and Associates $ 12,124.00 Project No. 50-002-6 Construction of Ford Park - Phase II - Bleachers and Transport Trailer Period: 4/17/87 3. SWA Group $ 1,302.22 Project No. 50-003-2 Construction of Sesquicentennial Park - Professional Services - Reimbursable Expenses $ 96.06 Period. 3/1/87 - 3/31/87 ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1987 Page 2 6. Goodbrand Construction, Inc. $ 53,862.20 Project No. 90-001-1-A Construction of Stacy Road Pump Station (Second Delivery Point) - Estimate No. 8 Period: 3/25/87 - 4/25/87 7. Law Offices of Earl Luna, P.C. $ 1,867.50 Project No. 90-002-6 Construction of 2 MG Elevated Water Storage Tower - Fees for legal inter- pretation of the status of the 1.79 acre site for the 2MG Elevated Water Tower after foreclosure Period: During March, 1987 CONSENT AGENDA (cont'd) (Agenda Item II) 4. Hidell Architects $ 7,751.08 Project No. 55-001-3 Construction of New Library Building - Architectural Services - Period: 4/16/87 Reimbursable Expenses 9. Hidell Architects Period: During March, 1987 tarl Construction of new Police and 5. Goodbrand Construction, Inc. $ 148,725.35 Courts Building - Architectural Project No. 90-001-1-A Services Construction of Stacy Road Pump Period: During April, 1987 Station (Second Delivery Point) - 10. Marriott Construction, Inc. Estimate No. 7 Project No. 75-003-1 Period: 2/25/87 - 3/25/87 6. Goodbrand Construction, Inc. $ 53,862.20 Project No. 90-001-1-A Construction of Stacy Road Pump Station (Second Delivery Point) - Estimate No. 8 Period: 3/25/87 - 4/25/87 7. Law Offices of Earl Luna, P.C. $ 1,867.50 Project No. 90-002-6 Construction of 2 MG Elevated Water Storage Tower - Fees for legal inter- pretation of the status of the 1.79 acre site for the 2MG Elevated Water Tower after foreclosure Period: During March, 1987 8. Corrosion Consulting and Inspection Services $ 2,925.00 Project No. 90-001-6 Construction of Stacy Road Pump Station - Testing and inspection of the paint system used on the 2MG tank Period: 4/16/87 9. Hidell Architects $ 11,153.44 Project No. 40-001-3 Construction of new Police and Courts Building - Architectural Services Period: During April, 1987 10. Marriott Construction, Inc. $ 126,794.07 Project No. 75-003-1 Construction of Jupiter Road from F.M. 2170 to White Oak - Estimate No. 4 Period: 3/26/87 - 4/25/87 11. Marriott Construction, Inc. $ 5,134.75 Project No. 90-004-01 Construction of Jupiter Road from F.M. 2170 to White Oak - 12" water line installation - Estimate No. 4 Period: 3/26/87 - 4/25/87 D. Review a Sign Variance Request Granted to Shelley Investments, Inc. The motion carried. End of the Consent Agenda ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1987 Page 3 Ordinance No. 790-5-87: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 671-1-86, and a- mending Planned Development Zon- ing Ordinance No. 507-5-84, to Include the Attachment of Exhibit "E", Amended Approved Concept Plan, Land Use, and Area Regulations for Development of the 356.7 Acres of Land out of the 408.57 Acre Tract Located in the G.W. Ford Survey, Abstract No. 328, and the R.C. Whisenant Survey, Abstract No. 1012, Collin County, Texas, Presently Delineated on the Official Zoning Map as Planned Development No. 22; Providing for a Penalty; Providing for an Effective Date; and Providing (Consent Agenda for Publication of the Caption. Item E) Councilman Jim Wolfe advised the Council that he had requested that this item be removed from the Consent Agenda for individual consideration and discussion. He pointed out to the Council the city staff's comments in the agenda packet which stated that the 50 lots to be 8,000 sq. ft. along the open space area were produced by reducing the number of 6,000 sq. ft. lots and not be reducing any of the smaller lot sizes. He added that the minimum dwelling unit size also had not been changed from the 1300 sq. ft. size on the 8,000 sq. ft. lots. Mr. Wolfe advised the Council that he wondered if that had been the intention of the motion on the approval of this request. Pat Atkins, with Don Tipton Engineering and representing the property owner, Bethany 409 Venture, spoke before the Council on the location of the 50 lots containing 8,000 sq. ft. He also provided the reasoning behind taking out just the 6,000 sq. ft. lots, which was that those 6,000 sq. ft. lotswere in the location of the area along the open space. He also advised the Council that the 1300 sq. ft. minimum dwelling unit size had been maintained in order to keep the house sizes in that district consistent. There was discussion by the Council on the intent of the motion to approve this request, the number of 6,000 sq. ft. lots that had originally been in this plan and how many existed after the reduction, the minimum house size in the 8,000 sq. ft. lots on the other side of the creek, and that there should be an understanding that it was not the intention of the Council that a 1,300 sq. ft. dwelling unit be built on an 8,000 sq. ft. lot. In further discussion on the intent of the original approving motion, Mayor Pro Tem Farmer advised the developers that there should be an understanding that the minimum dwelling unit size for the 8,000 sq. ft. lots should be consistent in district 3. Mr. Atkins advised that the minimum dwelling unit size in the other 8,000 sq. ft. lots was 1450 to 1750 sq. ft. The Council concluded with the developers that the 8,000 sq. ft. lots would have a minimum dwelling unit size of 1450 to 1750. Mayor Pro Tem Farmer also briefly discussed with city staff if the other concerns regarding this property had been resolved and city staff indicated to the Council that they had been. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve and adopt Ordinance No. 790-5-87, as captioned previously, and per the discussions that all concerns regarding this property had been resolved and that the 8,000 sq. ft. lots be consistent with 1450 to 1750 sq. ft. minimum dwelling unit sizes in district 3. The motion carried. ".i ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1987 Public Hearing: Request for a Specific Use Permit to Allow a Church Facility in Existing Bethany Plaza Shopping Center Zoning: Shopping Center "SC" Location: 717 South Greenville Requestor: Allen Church of Christ and Ordinance No. 791-5-87: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen as Heretofore Amended so as to Attach a Specific Use Permit for a Church There- fore Restricting Suite 115 of the Bethany Plaza Shopping Center, A Multi -use Structure Located in the Bethany Plaza Shopping Cen- ter Addition to the City of Allen, Collin County, Texas, out of the William Perrin and R. Sewell Surveys, Abstracts No. 708 and 875; Presently Delineated on the Of- ficial Zoning Map as "SC" Shopping Center; Providing for a Termination of the Use; Providing for a Penalty; Providing for an Effective Date; and Providing for Publi- cation of the Caotion. Page 9 (Agenda Item III -A) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for a Specific Use Permit to Allow a Church Facility in the Exist- ing Bethany Plaza Shopping Center Located at 717 South Greenville as Requested by the Allen Church of Christ and Consider an Ordinance Approving the Specific Use Permit." Don Webb, member of the Allen Church of Christ, spoke before the Council on the church's request to lease space in the Bethany Plaza Shopping Center at 717 S. Greenville in order to hold their services. Mr. Webb advised of the hours of operation for the church. Mr. Webb also spoke before the Council on their appearance before the Planning and Zoning Commission and the concerns stated by the other tenants regarding the parking problems that could exist between the parishioners and customers for the other stores. Mr. Webb also advised the Council of the change in ownership of the property and the church's follow-up with the new ownership to insure that their request for a lease was still valid. Mayor Rodenbaugh opened the public hearing. No one appeared 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 April 9, 1987, recommended to the City Council approval of the request, with the stipulation that the church will request their parishioners not to park in the first line of parking spaces to the abutting property owners, and to include that this Specific Use Permit will terminate when this Allen Church of Christ vacates the property. The Council discussed with Mr. Webb and city staff what act or action would terminate the church's use of the property and what final authority would state that the church had vacated the property. The Council also discussed with city staff the Planning and Zoning Commission's finding that stated, "The lease could ease the tax burden of all the tenants," and what that statement meant since churches are tax exempt. ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1987 Page 5 Public Hearing: Request for a Specific Use Permit to Allow a Church Facility in Existing Bethany Plaza and Ordinance No. 791-5-87 (cont'd) MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve this request as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 791-5-87, as cap- tioned previously. The motion carried. Public Hearing: Request to Annex 60.0033 Acres of Land into the City Location: North of Stacy Road, West of U.S. 75, and South of the Extension of Ridgeview Drive Requester: S.R.E. Limited (Agenda Item III -B) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Annex 60.0033 Acres of Land Located North of Stacy Road, West of U.S. 75, and South of the Extension of Ridgeview Drive as Requested by Property Owner, S.R.E. Limited." Mike Hoffman, with J. T. Dunkin & Associates and representing the property owner, spoke before the Council on this request to annex 60.0033 acres of land into the corporate limits of Allen. City Secretary Marty Hendrix advised the Council that a public hearing had been held at 1:00 p.m. in the Council Chambers on Thursday, May 7, 1987. Ms. Hendrix stated that the minutes of those proceedings had been prepared and were provided to the Council for their review. She also advised that the service plan for the property had been prepared and was available for public review. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this annexation request. Mayor Rodenbaugh closed the public hearing. Mayor Rodenbaugh advised that there would be no action taken on this annexation request at this time. He stated that the annexation ordinance would be considered by the Allen City Council at their regular meeting to be held on June 4, 1987. Select Paint Color and Logo for the 2 MG Elevated Water Storage Tank (Agenda Item IV) Ernie Hoback, Director of Public Works, spoke before the Council on the need to select a color and a logo design for the 2 MG elevated water storage tank to be constructed on the west side of U.S. 75, north of Rowlett Road, and to consider any additional lighting for the tank. Mr. Hoback reiterated for the Council the concerns of the residents of Kitty Hawk Airport regarding the visibility of the tank for aircrafts during the day and the lighting of the tank at night. He also advised of contacting the FAA regarding any requirements that the city had to meet since this water tower would be in the flight pattern of the Kitty Hawk Airport. They had advised him that there were no special regulations on the city. ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1987 Select Paint Color and Logo for the 2 MG Elevated Water Storage Tank (cont'd) Page 6 (Agenda Item IV) Mr. Hoback then presented a slide presentation of the various types of water towers in other cities and how they had been painted, lighted, and what logos had been used. Mr. Hoback advised the Council of the additional costs for two-tone painting of the tower and any additional lighting that might �+ be placed around the pedestal of the tank. The Council discussed the additional lighting and the high cost involved. Mr. Hoback advised the Council that it was the city staff's recommendation that the proposed color be white or off-white and that the city's flag design be used as the logo on the tank, in the red and blue colors. The Council discussed with city staff the type of alkyd enamel and silicone alkyd paints used to paint the existing tanks and how they had a tendency to turn a chalky color after several years. It was suggested by Councilman Pendleton that city staff research the use of urathane paints as to the cost and the durability and perhaps consider the use of that type of paint on the water tower. Mr. Hoback advised that he would have the engineering firm check into this matter. It was also recommended by the Council that Mr. Hoback request a letter from the FAA stating the same facts that were told to him in their telephone conversation regarding the Kitty Hawk Airport and that there were no special requirements to be placed on the city for the water tower as to visibility. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, the Council voted 7 - 0 to approve (101 the city staff's recommendation that the 2 MG water storage tank be painted a white color, with the city's flag as the logo design on the tank, that no additional lighting be added at this time, and that the city staff proceed with obtaining information on the urathane paint for Council's consideration. The motion carried. Mayor Rodenbaugh recessed the regular meeting of the Allen City Council at 8:25 p.m. The meeting reconvened at 8:34 p.m. Tabled Item: Consider Awarding Bid for Vibratory Roller (Agenda Item V) City Manager Jon McCarty spoke before the Council on this item and the review of the bid specifications, the review of the information provided by the bidders on their bid sheets, and contact with cities and contractors that perform asphalt over- lays to see what specifications are important in a street roller. Tom Glab, City Engineer, distributed to the Council a comparison of the specifications from the companies that had submitted bids and then explained to the Council this spread sheet. The Council reviewed the bid spread sheet and discussed with the city staff if this was the same bid that had been recommended previously and if roller would meet the requirements of the city. The city staff recommendation was to award the bid to J. I. Case for the Model 252 Vibratory Roller in the amount of $16,675.00 MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pennington, the Council voted 7 - 0 to approve the award of the bid to J. I. Case for the Model 252 Vibratory Roller in the amount of $16,675.00, in accordance with the city staff's recommendation. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1987 Legislative Update Page 7 (Agenda Item VI -A) Michael Stanger, Administrative Assistant, distributed to the City Council a current status list of the legislative packet pending before the state legislature and reviewed it briefly with the Council. 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 VI -B) City Manager Jon McCarty advised the Council of the need to meet with the Planning and Zoning Commission on May 14th to continue discussions on the proposed changes to the city's Zoning Ordinance. Mr. McCarty advised that the recommended date for the next meeting was Thursday, May 14th, at 7:30 p.m. in the Council Chambers, since there were no items to be placed on the agenda for the regular meeting of the Planning and Zoning Commission. After a brief discussion on the meeting date and time, it was the consensus of the Council that the workshop be held on the recommended date and time. City Manager Jon McCarty advised the Council of information that he had received which indicated that Quest Medical was going to redeem the bonds that were issued by the Allen Industrial Development Corporation to build their new facilities in Allen. Mr. McCarty advised that he had contacted the Vice -President of Quest Medical concerning this matter. He had been advised that Quest Medical's business had just not been what they had expected it to be at this time and they would not be building their new facilities in Allen at this time. Quest Medical did still own the property and would be holding on to it just in case their business did improve. Mr. McCarty advised the Council that the bonds had to be used within two years of issue and they had been issued in 1985. The Council discussed with the City Manager how long a period of time is involved and how the procedure is handled if the bonds have to be requested again, since the pro- cedure has been changed. This item was received as a matter of information. City Manager Jon McCarty provided background information on the issuance of the city's 1986 general obligation bonds and the fact that in the bond sales process, the city can determine an optional redemption date which the city can use to call back their bonds before maturity. Mr. McCarty advised that the "par call" date that had originally been considered by the city was for a 12 -year period of time and then it had been changed to a 10 -year period. The city's bond agent had recently discovered that the official statement for the bonds showed the correct par call date, however, the city's bond ordinance still shows the 12 -year par call date. Mr. McCarty advised the Council that at this time this situation was not causing the city to lose money, however, if the city were to redeem the bonds between 1996 and 1998, then in that event the city could lose money if the interest rates are lower than are being paid based on the 1986 General Obligation bond sale. The Council discussed this situation with city staff and directed the City Manager to keep a close look on this parti- cular situation and to notify them if there were any changes in the market conditions. This item was received as a matter of information. Mayor Rodenbaugh advised the Council that the Council - appointed North Texas Municipal Water District Committee needed to hold a meeting to discuss certain items. Mayor Rodenbaugh advised that the members of that committee consisted of himself, Mayor Pro Tem Farmer, and Jack Pennington. Mayor Rodenbaugh advised that the recommended date for the meeting was Tuesday, May 12, 1987 at 7:00 p.m. at the Allen Municipal Annex. The other members concurred on the proposed meeting date and time. ALLEN CITY COUNCIL REGULAR SESSION MAY 7, 1987 Page 8 Items of Interest to the Council (cont'd) (Agenda Item VI -B) Mayor Rodenbaugh advised the Council of a request from Mr. Wedgeworth, the Publisher of The Allen American, regarding the city's soliciting license and the fact that the costs of obtaining a solicitor's license for the newspaper to solicit subscriptions was prohibitive and the number of days that a person can go out and solicit is also inconvenient. He �r was appearing before the Council requesting exception to the requirements of the ordinance. The Council discussed with city staff the requirements of the ordinance, the cost of the licenses, the exemptions from the cost of the license, and the intent of the ordinance. After discussion on Mr. Wedgeworth's request, the City Council directed the City Secretary to check into the amending of the ordinance in order to permit newspaper soliciting. Mayor Pro Tem Farmer discussed with Mr. Wedgeworth the article that appears in the newspaper that is written by the School Superintendent, Dr. Davenport, and if the city would be allowed to participate in that way. Mayor Pro Tem Farmer suggested that the Mayor or the City Manager submit articles for the newspaper at some time in the future. Authorize Execution of a Contract with Harvey Moore for Consulting Services Relating to Police/Courts and Library Buildings (Agenda Item VII) City Manager Jon McCarty advised the Council that he had not had an opportunity to finalize the contract with Mr. Moore (`oe for consideration of this item. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wolfe, the Council voted 7 - 0 to table this item until a later time. The motion carried. Adjournment MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wolfe, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 9:25 p.m. on Thursday, May 7, 1987. The motion carried. These minutes approved on the 21st day of MAY 1987 APPROVED: Le Donald P. Rodenbaugh, MAYOR .--- ATTEST: Marty Hendrix, , CITY SECRETARY ^.�