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HomeMy WebLinkAboutMin - City Council - 1987 - 10/01 - RegularALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Bobby Glass 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 7:30 p.m. on Thursday, October 1, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pennington, 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 17, 1987 - Regular Session B. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Professional Services $ 139.00 Industries, Inc. Project No. 90-002-6 Testing of Materials - 2 MG Elevated Water Tower Period: 8/31/87 2. Black & Veatch Engineers $ 3,000.00 Project No. 90-002-2 Design, Drawings, Specs. - 2 MG Elevated Water Tower Period: August 1987 3. Black & Veatch Engineers $ 567.00 Project No. 90-002-2 Resident Engineering Services - 2MG Elevated Water Tower (ov Period: August 1987 4. Marrs Fence Company $ 1,185.00 Project No. 50-004-6 Story Park - Malone Road Fence Period: September 1987 5. Atec Associates $ 1,684.00 Project No. 40-001-2 55-001-2 Municipal Complex Infra- structure - Geotechnical Services Period: 8/31/87 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) C. Set November 5, 1987, as the Public Hearing Date on a Request for a Specific Use Permit and Site Plan Approval on a Tract of Land Located at the Southwest Corner of F.M. 2170 and S.H. 5 as Requested by The Meara Company. D. Resolution No. 819-10-87(R): A Resolution Designating the Allen American the Official Newspaper of the City of Allen, Collin County, Texas. E. Ordinance No. 820-10-87: An Ordinance of the City of Allen, Texas, Amending Chapter 9, "Motor Vehicles and Traffic", Article V, "Operation of Vehicles", Division 2, "Speed and Regulations", Section 9-137, of the Allen Code of Ordinances, and Article VI, Division 2, and Section 1-46, "Speed in School Zones; Signs in School Zones", of the Allen Vehicle and Traffic Code, Ordinance 259, as Previously Amended by Ordinance No. 340, of the City of Allen, Texas; Altering Established Zones; Alter- ing Prima Maximum Speed Limits Established in Such Zones During Certain Periods on School Days; Defining Such Periods and "School Days"; Making it Unlawful to Pass Within School Zones; Providing Penalty Clauses, Severa- bility Clauses and an Effective Date. The motion carried. End of the Consent Agenda Oaths -of -Office to Newly Appointed and Reappointed Members of the Parks and Recreation Board, Board of Adjustment and Sign Control Board (Agenda Item III -A) City Secretary Marty Hendrix administered the oath -of -office to the following newly appointed and reappointed members of the Parks and Recreation Board, Board of Adjustment, and Sign Control Board: Parks and Recreation Board Helen Johnson - Place No. 4 Tom Clark - Place No. 7 Board of Adjustment Galen Clay - Place No. 1 Bill Roberge - Place No. 3 Tom Visage - Place No. 5 Sign Control Board 1eC Sheila Curtis - Place No. 1 Randall Leverett - Place No. 3 1eC ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Oaths -of -Office for Parks and Recreation Board, Board of Adjustment and Sign Control Board (cont'd) Page 3 (Agenda Item III -A) Other newly appointed and reappointed members had received their oaths -of -office at the City Secretary's Office. Those individuals were Donald Proeschel, Place No. 2, Parks and Recreation Board; Harold Biggs, Place No. 5, Sign Control Board; and Carol Laakso, Place No. 6, Parks and Recreation Board. Plaques -of -Appreciation to Outgoing Members of the Parks and Recreation Board, Board of Adjustment and Sign Control Board (Agenda Item III -B) Mayor Rodenbaugh presented plaques -of -appreciation to the following individuals for their dedicated service to the City of Allen while serving on the various boards: Parks and Recreation Board Mickey Christakos - Place No. 9 Board of Adjustment John Cahill - Place No. 3 Sign Control Board DeWayne Dyer - Place No. 3 Mayor Rodenbaugh also advised that a plaque -of -appreciation was also to be presented to Clint Miller, Place No. 7, on the Parks and Recreation Board, however, he was not at the meeting. Mayor Rodenbaugh advised that his plaque would be forwarded to him. Public Hearing: Request to Amend "PD-TH" Planned Development -Townhouse No. 7 to Allow 6 Foot Fences on Property Ad- jacent to Common Green- belt Areas Location: South of Ridgemont and West of Collin Drive Requestor: Collin Square Homeowners Association (Agenda Item IV -A) and Ordinance No. 821-10-87: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 398-7-82 as De- lineated on the Official Zoning Map as PD-TH No. 7; Providing for Amendment to the Declaration of Covenants, Restrictions, and Conditions to Allow Six (6) Foot Fences Around Dog Runs and Patio Areas on Properties Adjacent to a Common Greenbelt Subject to the Review of the Fire Department; Providing for a Penalty; Providing for an Effective Date; and Provid- ing for Publication of the Caption. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Amend "PD-TH" Planned Development - Townhouse No. 7 to Allow 6 Foot Fences on Property Adjacent to Common Greenbelt Areas ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Page 4 Public Hearing: Request to Amend "PD-TH" No. 7 Requestor: Collin Square Home- owners Association (cont'd) (Agenda Item IV -A) and Ordinance No. 821-10-87 (cont'd) as Requested by the Collin Square Homeowners Association, Located South of Ridgemont and West of Collin Drive and Consider an Ordinance Amending Planned Development - Townhouse No. 7." Bill Petty, Director of Community Development, spoke before the Council on the background of the property involved in the subject request. Mr. Petty pointed out when the property had been zoned and the inclusion of the deed restrictions and covenants as part of the zoning on the property thereby allowing enforcement by the City of Allen. Mr. Petty advised that fences had been al- lowed on the properties located along the common greenbelt area, but the maximum height was 4 feet. The homeowners association is requesting permission to allow 6 foot fences on those lots. Mr. Petty advised of the request before the Planning and Zoning Commission. Mr. Petty pointed out the concerns of the Fire Depart- ment regarding the 6 foot fences and their henderance to fire fight- ing on these properties. Mr. Petty advised that the Planning and Zoning Commission directed the city staff to work with the home- owners to reach a compromise on this request. Based upon that compromise, the Planning and Zoning Commission, at their regular meeting held on August 27, 1987, recommended to the City Council that the Collin Square Homeowners Association be allowed a change in the deed restrictions to include the wording that fences be allowed adjacent to common greenbelt at a height of 6 feet around dog runs and patio areas only, subject to the review and approval fae of the Fire Department. Mr. Petty advised that this recommendation had been based upon what the Planning and Zoning Commission had assumed was a compromise that would be acceptable to the homeowners associations through their representative, Mr. Randall Leverett, the President of the Collin Square Homeowners Association. After the Planning and Zoning meeting, Mr. Leverett had advised city staff that this compromise was not acceptable to all parties involved, thus the request to the City Council is different from the recom- mendation that was brought forth from the Planning and Zoning Commission. Mr. Randall Leverett, the President of the Collin Square Homeowners Association, spoke before the Council on the request of the homeowners to allow the construction of 6 foot fences on the properties that are adjacent to the common greenbelt areas and pointed out the areas on a site plan. Mr. Leverett distributed to the Council copies of a letter from Haag Engineering Company, (consulting engineer for Association), regarding their opinion in this matter that the 6 foot fences would not be a fire hazard. Mr. Leverett went on to advise the Council that he felt the fire- fighting of these homes would be from the front of the house rather than the rear and thus the 6 foot fences were not a hazard. Fire Chief Ron Gentry spoke before the Council on this request and from a fire fighting aspect. He advised of the fire fighting techniques used to fight fires in these cluster townhomes and the problems that the fire fighters can incur with the con- struction of 6 foot fences around each of these properties. The Council discussed with Chief Gentry the use of the common greenbelt areas during a fire fighting event and if the fire trucks can be driven upon those areas; if a fire fighter would climb over a 6 foot fence or break through it, how the water lines would be layed if the fences are present; and if this request would be for wooden and masonry fences as referenced in the existing deed restrictions. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Page 5 Public Hearinq: Request to Amend "PD-TH" No. 7 Requestor: Collin Square Home- owners Association (cont'd) (Agenda Item IV -A) and Ordinance No. 821-10-87 (cont'd) Mr. Leverett spoke again before the Council on the use of the common greenbelt areas and the location of the fire hydrants. He also pointed out to the Council that when this addition was originally approved the Fire Department had approved the layout of the subdivision and the size of the cul-de-sac streets. He pointed out again that the deed restrictions already allow 4 foot fences and just two additional feet is being requested by the homeowners. Mayor Rodenbaugh opened the public hearing on this request: The following individuals spoke before the Council in favor of this request: Jerry Wingfield, 1204 Collin Drive Russell Wright, 1220 Collin Drive With no one else wishing to speak either for or against this request, Mayor Rodenbaugh closed the public hearing. The Council discussed with city staff and the requesters the safety of the fire fighters in this situation if the 6 foot fences are approved; if 1008 of the people in the homeowners association had signed the petitions for the 6 foot fences; to clearly point out to the homeowners association that their request is for an additional two feet of fencing which may cause a delay to the fire fighting capabilities to these townhomes; and to eliminate the masonry fences in this request and make it just for wooden fences. There was further discussion on the use of hinged fence sections that could be removed in case of a fire. City Manager Jon McCarty spoke before the Council and the requesters on comments that had been made by individuals during the public hearing regarding the city being involved in decisions regarding the homeowners association. Mr. McCarty suggested that based on the performance of the homeowners association, that it is time for the city staff to look at amending the Planned Development ordinance to exclude the city's involvement. The City Council committed that this would be a good idea. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pennington, the Council voted 7 - 0 to amend the recommendation of the Planning and Zoning Commission to approve the request for the 6 foot fences on properties adjacent to the common greenbelt areas, consisting of 41 designated lots, and to amend the ordinance to reflect that the fences be wooden structures; and to approve and adopt the Ordinance as captioned pre- viously, reflecting the contents of the motion. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:58 p.m. The meeting reconvened at 9:05 p.m. »u, ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Page 6 Reschedule to November 5, 1987, Consideration of a Request to Permanently Zone 3.5530 Acres of Land From Agriculture Open Space to Flood Plain - Shopping Center, Located South of F.M. 2170 and West of Angel Drive as Requested by Joe Marchman and Associates, and Consider an Ordinance Permanently Zoning this Property to Flood Plain - Shopping Center. (Agenda Item IV -B) City Manager Jon McCarty advised the Council that the requester, Joe Marchman and Associates, had failed to post the appropriate zoning change request sign on the property ten days prior to the public hearing, and thus the require- ments of the Zoning Ordinance had not been met for the scheduled public hearing. Mr. McCarty stated that the requestor had been notified of this situation and he had been agreeable to rescheduling the date of the hearing. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Wilson, the Council voted 6 - 0 (with Councilman Pendleton being out of the room) to re- schedule to November 5, 1987 the request to permanently zone 3.5530 acres of land from Agriculture Open Space to Flood Plain - Shopping Center, located south of F.M. 2170 and west of Angel Drive. The motion carried. Consider Nominations to the Central Appraisal District of Collin County Board of Directors (Agenda Item V) City Manager Jon McCarty advised the Council that it was time for the taxing entities within Collin County to select the Appraisal District Board of Directors. He pointed out that the directors will serve for a two-year term, beginning on January 1, 1988. Mr. McCarty stated that Don Higgins, a resident of Allen, had been serving on the board and was willing to continue to serve if nominated. Mr. McCarty pointed out that the city had 110 votes to cast in this election and in the past had combined their votes cast with the Allen Independent School District in order to get a person "elected" to the board from the Allen area. Mr. McCarty advised the Council that the city staff's recom- mendation was to nominate Don Higgins to the Appraisal District Board of Directors with the Allen Independent School District. MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Glass, the Council voted 7 - 0 to nominate Don Higgins to the Appraisal District Board of Directors with the Allen Independent School District, in accordance with the city staff's recommendation, as stated. The motion carried. Report of the Legislative Subcommittee Concerning Proposed Constitutional Amendments (Agenda Item VI) Mayor Pro Tem Joe Farmer, Chairman of the Legislative Subcommittee of the Council, advised the Council that they had been provided with a list of the constitutional amendments that will appear on the November 3, 1987 ballot. Mayor Pro Tem Farmer pointed out that items 9 through 8, 17, 19 and 23 were being supported by the Texas Municipal League. Dr. Farmer advised the Council that one of the subcommittee's recommendations was that ]19 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Page 7 Report of the Legislative Subcommittee Concerning Proposed Constitutional Amendments (cont'd) (Agenda Item VI) the Mayor or his voting delegate to the Texas Municipal League Conference, being Councilman Jim Pendleton, be authorized to vote in favor of those constitutional amendments at the Texas Municipal League Conference to be held on October 8, 9 and 10th in Forth Worth. Mayor Pro Tem Farmer then advised that the second area of recommendation was that special emphasis and study be given by the City Council and the community to the following amendments: No. 3 - "Limiting school tax increases on the residence homestead of the surviving spouse of an elderly person if the surviving spouse is at least 55 years of age." No. 14 - "Giving the state a limited right to appeal in criminal cases." No. 26 - "The State Board of Education shall be composed of members who are appointed from districts instead of elected, with equal representation from throughout the State of Texas." Mayor Pro Tem Farmer advised that the final recommendation was that copies of a booklet titled "Analyses of Proposed Constitutional Amendments and Referenda Appearing on the November 3, 1987, Ballot" be copied for each of the Council Members. Mayor Pro Tem Farmer pointed out that this booklet was very informative and gave the pros and cons of each proposed amendment. Mayor Rodenbaugh accepted the recommendations of the Legislative Subcommittee and thanked the members of the subcommittee and city staff for the update and the information. This item was received as a matter of information. There was no action taken on this item. Extended Area Service (Agenda Item VII -A) City Manager Jon McCarty advised the City Council that he had made some contacts in Austin and had found out that a new hearings examiner had been appointed to the city's Extended Area Service case. He stated that after preliminary review of the materials associated with Allen's case, it appears that a ruling may be forthcoming by November lat. Mr. McCarty also advised the Council that he had been told that some of the other cases that were being heard had a statute governing a time limit that their cases had to be resolved and since Allen's didn't, Allen's case had been placed at the end of the line. In further discussions, Mr. McCarty stated that commission officials recog- nized that too much time had lapsed in the Allen case and that a ruling needed to be submitted. Mr. McCarty advised that he did not know as of this date who had been appointed as the hearings examiner but would advise the Council when he found out more information. Mr. McCarty also stated that he had contacted the city's attorneys in Austin to advise them to get involved in the case again and to provide any additional information that the hearings examiner might need. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Page 8 with Plano City Council (Agenda Item VII -B) City Manager Jon McCarty advised the Council that city staff had been working on the scheduling of a joint meeting between the City of Allen and the City of Plano in order to discuss items of mutual interest. He stated that the proposed dates for that meeting were either October 13, 1987 or October 20, 1981. He advised one item of discussion would be thoroughfares and the alignment of such on the east side of U.S. 75. The Council discussed the most appropriate date for the meeting and it was concluded that it should be scheduled for Tuesday, October 13, 1987. City Manager McCarty advised that it would be a dinner meeting at the Holiday Inn in Plano. Items of Interest to the Council (Agenda Item VII -C) Councilman Pendleton requested that City Manager McCarty send out a memo to the Council regarding what transpired at the meeting being held this evening by the Collin County Bond Com- mittee and what items were discussed at the meeting. City Manager McCarty advised that he had requested that several of the city's department heads attend the meeting and point out to the committee's chairmen that Thursday night was not a convenient meeting night for the City of Allen. He advised that he would report back to the Council any information that he obtained from the department heads in attendance at the meeting. Councilman Wolfe also requested that the city staff check to see if the membership on this committee or its subcommittees had been closed to membership or if additional interested individuals could still be appointed. Richard Carroll, Chief of Police, spoke before the Council on the negotiation of the contract with TMC for the construction of the new police and courts building. Chief Carroll distributed to the Council a revised contract budget reflecting the new figures per the negotiations. Chief Carroll advised that Council Members Wilson and Pendleton had worked with city staff on the negotiation process and changes made to the plans did not cause any adverse effect to the architectural structure or materials to be included in the building. Councilman Pendleton spoke before the Council on his interest to keep change orders to a minimum on this contract, to see that the changes made did not effect the appearance or the quality of the building as originally planned, or that any of the changes would present additional maintenance costs. Councilman Wilson advised of his concerns regarding maintenance and the effects on the materials and appearance of the building, however, he pointed out that the city staff had stated those changes would not effect those items. There was further discussion by the Council with city staff on this project and the success of the review of the plans and the ability to make changes without loosing the quality of the building and the needs by the Police Department. It was pointed out in the discussion that in the future, the city should look at the inclusion of the construction manager during the design process as well as the construction process. Bill Petty, Director of Community Development, spoke before v the Council on the recent negotiations between Bass Development Company and homeowners in the Fountain Park Estates Subdivision. One of the items in that negotiation was the construction of an identification sign for Fountain Park Estates to be located at the intersection of F.M. 2170 and Roaring Springs to be built by Bass Development Company. Mr. Petty passed around a picture of an existing sign for this subdivision and advised the Council that the proposed subdivision sign would look similar to this. Mr. Petty advised that the sign and landscaping would be main- tained by the city, thus it would be built to city standards. The Council briefly discussed the size of the sign, who would maintain it and who was to benefit from it. 23� ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Page 9 Items of Interest to the Council (cont'd) (Agenda Item VII -C) Mr. Petty then advised the Council of the completion of the draft of the new proposed zoning ordinance and advised that the next stage in the process would be the joint public hearing of the Allen City Council and the Planning and Zoning Commission. Mr. Petty advised that the two proposed dates for that hearing were Wednesday, November 4, 1987 and Wednesday, November 11, 1987. The Council discussed with city staff the most appropriate date for the joint public hearing. It was concluded that Wednesday, November 4, 1987, would be the date of the called - special joint public hearing at 7:30 p.m., if this date did not conflict with the holding of Municipal Court in the Council Chambers. Councilman Jerry Wilson asked the city staff about the status of the economic development program and what progress had been made to date on the finalizing of the agreement and the establishment of the economic development committee. City staff reported that research was being done on economic develop- ment policies in other cities to see how they had been established. Councilman Wilson stated that he would continue to ask about the status of economic development until it is in progress. Councilman Jim Wolfe asked city staff about what maintenance work was being done on Pebblebrook Drive at this time. City staff advised that the construction work was the hook up of a sewer line to service the concession stand at the baseball fields for the School District. This line had to be taken under Pebblebrook Drive to hook up to existing line on the north side of Pebblebrook Drive. Mayor Rodenbaugh advised the Council of an invitation that he had received from the Board of Directors of the North Texas Municipal Water District regarding the dedication of the Wilson Creek Regional Wastewater Treatment Plant on October 16, 1987 and also for a reception at the Willowbend Polo Club for the Texas Water Commission on October 15, 1987 to meet one of its new directors. Mayor Rodenbaugh encouraged all of the Council Members to attend. Mayor Rodenbaugh advised the Council that he had received a letter from the President of Region 13 for the Texas Municipal League requesting that the city appoint a voting representative for the upcoming Texas Municipal League Conference to be held in Fort Worth. Mayor Rodenbaugh advised that since Councilman Jim Pendleton was the only Council Member attending the Conference, he asked Mr. Pendleton if he would be the city's voting represen- tative. Councilman Pendleton indicated that he would be glad to do it. Mayor Rodenbaugh advised the Council that he had received another letter from the President of Region 13 of the Texas Municipal League regarding the nominations for a representative to serve on the Board of Directors of the Texas Municipal League. Mayor Rodenbaugh advised that the two nominees were Ron Harris, Mayor Pro Tem of Plano, and a Councilman from the City of Lancaster. Mayor Rodenbaugh advised the Council that he had reviewed the profiles of the gentlemen and he recommended to the Council that the city cast its vote for Ron Harris. He advised that both men are highly qualified, however, since Plano is a neighboring city, he felt Allen's interests could best be served by Mr. Harris. The Council concluded that the city's vote be cast for Mr. Harris. Adjournment MOTION: Upon a motion made by Councilman Wolfe and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:00 p.m. on Thursday, October 1, 1987. The motion carried. ]21 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 1, 1987 Page 10 1987. These minutes approved on the 15th day of OCTOBER APPROVED: ATTEST: C� Marty Hendrix, C15C, CITY SECRETARY/ L � z2