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Min - City Council - 1983 - 03/03 - RegularALLEN CITY COUNCIL REGULAR SESSION March 3, 1983 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Don Rodenbaugh Ward Paxton Dennis Offutt City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Executive Session In accordance with Article 6252-17 (Open Meeting Law), V.A.T.C.S., Section 2(e), the Executive Session was called to order by Mayor Pierson at 6:30 p.m. on Thursday, March 3, 1983, at Rountree Elementary School, 800 E. Main Street, in order to discuss legal matters. The Executive Session was adjourned at 7:25 p.m. Regular Session The regular session of the Allen City Council was called to order by Mayor Pierson at 7:32 p.m. on Thursday, March 3, 1983, at Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Daugherty, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of February 17, 1983 Minutes - Regular Session B. Authorization to City Staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Fisher & Spillman Architects, Inc. $ 3,511.06 Contract No. FS 8023 - Construction of Service Center/City Hall Annex Architectural Services - Construction �y Phase 2. Gohmann of Texas (2 bills) $ 260.19 Contract No. 800705R - Construction $ 143.01 of Butler, Bethany Road & Pebble - brook Drive Asphalt for railroad crossing 3. Ronald E. Fix & Associates $ 630.00 Contract No. 821004 - Construction of Park Place Drive - Construction Staking The motion carried. End of Consent Agenda ALLEN CITY COUNCIL March 3, 1983 Page 2 Presentation of Plaque -of -Appreciation to Jack Decatur, Place No. 2, Planning and Zoning Commission Member (Agenda Item III) Mayor Pierson presented a plaque -of -appreciation to Jack Decatur, resigning member of the Planning and Zoning Commission, Place No. 2, for his dedicated service to the city. Col Winston Stallings, resigning member of the Planning and Zoning Commission, Place No. 6, was not present to receive his plaque -of - appreciation. Ordinance No. 431-3-83: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter - Described Territory to the City of Allen, Texas, a Total of 635.403 Acres of Land, More or Less, Out of the Jonathan Phillips Survey, Abstract No. 719, the G. W. Eastes Survey, Abstract No. 301, the George Phillips Survey, Abstract No. 701, the Joseph Dixon Survey, Abstract No. 276, the Henry Wetzel Survey, Abstract No. 1026, the F. C. Wilmeth Survey, Abstract No. 999, and the L. K. Peques Survey, Abstract No. 702, Collin County, Texas, and Extending the Boundary Limits of the City so as to Include Said Hereinafter - Described Property Within the City Limits and Granting to all Inhabitants and Owners of Said Property All of the Rights and Privileges of Other Citizens and Binding all Inhabitants by All the Ordinances, Acts, Resolutions and Regula- tions of Said City; Providing a Sever- ability Clause; and Providing for the Effective Date of Said Ordinance. (Agenda Item IV) Mayor Pierson advised the City Council that this proposed annexation ordinance pertained to the annexation of 635.403 acres of land lying north of Rowlett Road, west and adjacent to U.S. 75 and south of State Highway 121, at the request of the property owners. Mayor Pierson advised that the two public hearings on this annexation request had been held on February 3, 1983, one hearing was held on site and the other at the regular meeting of the City Council. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman Offutt, the Council voted 7 - 0 to adopt Ordinance No. 431-3-83, as captioned above. The motion carried. Public Hearing: Establishing Permanent Shopping Center Zoning & Site Plan Approval on 66.7 Acres of Land, Southwest Corner of U. S. 75 and S. H. 121 (Agenda Item V) and Ordinance No. 432-3-83: 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: "SC" Shopping Center, on the Following -Described Tract ALLEN CITY COUNCIL March 3, 1983 Page 3 Ordinance No. 432-3-83 (cont'd): (Agenda Item V) of Land: Approximately 66.70 Acres of Land, More or Less, Out of the Jonathan Phillips Survey, Abstract No. 719, Collin County, Texas, Located Approximately 1600 Feet Southwest of the Intersection of State Highway 121 and U. S. Highway 75; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00) for Each Offense; and Declaring an Emergency. Mayor Pierson read the request into the record as follows: "Public Hearing on a request to establish permanent zoning and site plan approval on 66.7 acres of land located at the southwest corner of U. S. 75 and S. H. 121." Mr. Sam Reaves, Reaves and Sweeney Engineering and Planning Consultants and representing Belz Enterprises Development, presented to and spoke before the Council on the request for permanent zoning of "Shopping Center" and the proposed site plan for the manufacturers' outlet mall shopping center. Mr. Reaves reviewed the site plan which showed the 408,000 sq. ft. mall building, the road to connect U. S. 75 and State Highway 121 on the south end of the mall site, the parking areas, fire lanes, the perimeter road around the mall site, the ingresses/ egresses to the mall building, the areas to be landscaped, and the location of several outlots on this site to be developed at a later date. Mr. Reaves' presentation also included information about other malls constructed by the Belz Investment Company, Inc., in other parts of the country and Mr. Reaves presented photographs for the Council's review of a mall recently constructed in Orlando, Florida. Mayor Pierson opened the public hearing. No one appeared to speak either for or against this request. Mayor Pierson closed the public hearing. Mayor Pierson advised that this request consisted of two items, one being the approval of permanent zoning of "shopping center" and the other item being the approval of the site plan for the mall. Mayor Pierson advised that the Planning and Zoning Commission had recommended, at their meeting of February 10, 1983, approval of the permanent zoning of "shopping center" and approval of the site plan for the mall as presented. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Ordinance No. 432-3-83, as captioned previously, establishing the permanent zoning of shopping center in accordance with ( the recommendation of the Planning and zoning Commission, as stated. The motion carried. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the site plan as presented and in accordance with the recommendations of the Planning and Zoning Commission, as stated. The motion carried. ALLEN CITY COUNCIL March 3, 1983 Page 4 Replat of Enterprises Addition (Agenda Item VI) Mayor Pierson advised the City Council that InteCom, Inc., is proposing an addition to their local facility which will consist of a 192,000 square foot building. The existing building and its developed area will remain under the ownership of Exxon Corporation, while the new facility will be under the separate ownership of InteCom, Inc., therefore requiring a replat of this property to establish a new property line between the two facilities and establishing two buildable lots. David Kincaid, representing InteCom, Inc., presented to and spoke before the Council on the replat of the Enterprises Addition No. 1. The replat contained Block 1, Lots 1 and 2. Mr. Kincaid reviewed the replat for the Council. The replat showed the existing building; the proposed building with two walkways constructed to connect with the existing building; utility easements; fire lane easements; the streets of Intecom Drive and Enterprise Boulevard,which will connect back to the service road of U. S. 75; and areas used for parking, and showed the exterior boundaries of the property. Mr. Kincaid also advised of the exterior construction of the new building and the use of the walkways and what the new building will be used for. Mayor Pierson advised the Council that the Planning and Zoning Commission had recommended, at their meeting of February 24, 1983, approval of this replat as presented. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Daugherty, the Council voted 7 - 0 to approve the replat for Enterprises Addition No. 1 as presented, and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Resolution No. 433-3-83(R): A Resolution of the City Council of the City of Allen, Texas, Authorizing the Submission of an Application to the Texas Criminal Justice Division Requesting Funds and Designating the City Manager to Act in Behalf of the City of Allen in Applying for These Funds. (Agenda Item VII) Police Chief Richard Carroll provided background information on the criminal justice grants and advised that the proposed resolution was to be submitted for grants for the continuation of the juvenile officer funding, a tape logger and a repeater system. Chief Carroll also advised of the percentages participation by the city and the criminal justice and the need for these grants for these particular items. Chief Carroll reviewed the process by which the grant applications are reviewed and approved. The City Council briefly discussed with Chief Carroll the priority listing of the items for the grants and if that was [ important issue. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Daugherty, the Council voted 7 - 0 to adopt Resolution No. 433-3-83(R) as presented. The motion carried. As a matter of information, City Manager McCarty advised the Council that the city staff was in the process of doing a study on the additional city services that will be needed for the manufacturers' outlet mall site, and that those findings would be forthcoming at the next regular City Council meeting. ALLEN CITY COUNCIL March 3, 1983 Page 5 Tax Report - February 28, 1983 (Agenda Item VIII -A) Walter Curtis, Tax Collector, presented to and spoke before the Council on the Schedule of Taxes Receivable as of February 28, 1983. 4WTheCouncil briefly discussed various items regarding this report, which were the comparison of receipt of payments this year as compared to last year, the filing of three tax suits, and the breakout of penalty charges on this report. This item was received as a matter of information. There was no action taken on this item. Update on Service Center/ City Hall Annex (Agenda Item VIII -B) City Manager Jon McCarty advised the City Council of the com- pletion of the new Service Center/City Hall Annex and the proposed move in date of March 25th. Mr. McCarty also stated that the first Council Meeting to be held in the new facility is proposed for April 7th. City Manager McCarty encouraged the Council to tour the new facilities and advised that the dedication ceremony would take place at a later date. This item was received as a matter of information. There was no action taken on this item. Update on the Wilson Creek Wastewater Treatment Plant (Agenda Item VIII -C) City Manager McCarty advised the City Council of the status of the request by the North Central Texas Municipal Water District for a permit to construct the Wilson Creek Wastewater Treatment Plant and the pending action by the board. Mr. McCarty also advised that the Water District is planning on requesting a federal grant to help fund this project which will take additional time before construction will commence. The cities that will be using this facility would like to see the District go forward with construction without a grant. The City of Plano has already written a letter to the District stating their view. Mr. McCarty advised that the cities have requested that the Water District provide some statistics showing the funds that need to be provided without grant funding compared with the use of grant funding. The Council discussed alternative sites if this permit is turned down, the indication that this permit will be granted, the recent expansion of the treatment plant at Los Rios in Plano and the long term plans for expansion of it until the other site is constructed. City Manager McCarty advised the Council that this item would be brought back for their review and consideration when the infor- mation from the Water District has been provided. This item was received as a matter of information. There was no action taken on this item. General Discussion: City Manager Jon McCarty advised the City Council of his recent conversations with Beltz Enterprises regarding the financing of the construction of the utilities to serve the proposed manufacturers' outlet mall site to be located at U. S. 75 and S. H. 121. With the Council's approval, Beltz Enterprises advised that they plan on waiting just a short period of time to secure the financing due to the economy indications that the interest rates may drop. ALLEN CITY COUNCIL March 3, 1983 Page 6 General Discussion (continued): City Manager McCarty advised the Council that the City Staff had checked with various financial experts, and it appeared that the interest rates may drop and action by Beltz Enterprises would have to be taken quickly to secure the financing at the lower rate. The City Council indicated no objections to waiting to secure the lower interest rate for this financing. City Manager McCarty also advised the Council that he is recommending a fixed three (3) year loan, with option for extending it in one (1) year increments for a period of three (3) years, at a floating interest rate for the payback plan with Heitz Enterprises. This will be finalized at a later date. Councilman Rodenbaugh brought up for discussion the question of whether the City of Allen was going to meet with the North Texas Municipal Water District regarding the city becoming a member of the district. City Manager McCarty advised that such a meeting would be forthcoming. Mayor Pierson advised the Council that the Main Street Study Committee had been selected, with the following individuals appointed to that committee: Mike Williams Dr. A. E. Vita Ed Lynge David Williams Liz Moseley Emerson L. Porter Willette Rosson The first meeting of this committee has been scheduled for Tuesday, March 15th. ■+, City Manager McCarty advised the Council of the improvements to the Hillside Ball Fields and the existing need to use Hillside for practice for the women's teams. The City Council posed no objections to the use of those fields for that practice. Mayor Pro Tem Farmer advised of the upcoming Collin County Public Officials Meeting to be held on Thursday, March 10, 1983 at the old McKinney County Club and encouraged the Council Members to attend. Adjournment: MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 8:35 p.m. The motion carried. These minutes approved on the 17th day of March 1983. M. B. Pierson, MAYOR 1 1 Marty Hendrix, I YSECRETARY :(-