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Min - City Council - 1983 - 11/03 - RegularALLEN CITY COUNCIL REGULAR SESSION November 3, 1983 Present: �r Mickey Pierson, Mayor (�I Council Members• Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Don Rodenbaugh Ward Paxton Dennis Offutt City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Pierson at 7:31 p.m. on Thursday, November 3, 1981 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) Councilman Rodenbaugh requested that the materials in the Council packet on the request for Planned Development of 179.04 acres be included again on the public hearing date of Thursday, December 1, 1983. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, 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 October 20, 1983 - Regular Session. B. Authorization to City Staff to pay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. Gutierrez, Smouse, Wilmut & Associates, Inc. $ 11,278.00 Project No. BG -132 - Outflow and Infiltration Study for City of Allen - Phase III 2. L. E. Delekta, Inc. $ 9,927.47 Contract No. B20503C - Con- structionof Utilities for Jupiter Road Bridge - Payment No. 4 C. Approval of Sign Control Board Minutes of October 11, 1983 and October 15, 1983 - Called - Special Meetings. D. Set December 1, 1983 as Public Bearing Date on a Request to Establish Permanent Zoning of PD (Planned Development) and Preliminary Site Plan Approval on a 179.04 Acre Tract of Land Located West and Adjacent to U. S. 75, South and Adjacent to Rowlett Road and North and Adjacent to F.M. 2170. „167 ALLEN CITY COUNCIL November 3, 1983 Page 2 CONSENT AGENDA (continued) (Agenda Item II) E. Set December 1, 1983 as Public Hearing Date on a Request for Site Plan Approval to Construct a Shopping Center on .9852 Acres Located at the Northeast Inter- section of Fountain Park Drive and F.M. 2170. F. Ordinance No. 469-11-83: An Ordinance of the City of Allen, Co in County, Texas, Annexing the Hereinafter - Described Territory to the City of Allen, Texas, Approximately 97.96 Acres Located in the Witsaul Fisher Survey, Abstract No. 323, 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 Regulations of Said City; Providing a Severability Clause; and Pro- viding for the Effective Date of Said Ordinance. The motion. carried. End of Consent Agenda Oath -of -Office to George Chrisman, Place No. 2, Board of Adjustment/ Sign Control Board (Agenda Item III -A) City Secretary Marty Hendrix administered the oath -of -office to George Chrisman, newly appointed member to Place No. 2 on the Board of Adjustment/Sign Control Board. Plaque -of -Appreciation to Larry Larsen, Place No. 7 on the Planning & Zoning Commission (Agenda Item III -B) Mayor Pierson presented a plaque -of -appreciation to Larry Larsen, outgoing member in Place No. 7 on the Planning and Zoning Commission, for his service to the city from June 17, 1982 until September 30, 1983. Appointment to Alternate No. 2 on the Board of Adjustment (Agenda Item III -C) Mayor Pierson advised of the vacancy now existing in Alternate No. 2 on the Board of Adjustment. Mayor Pierson opened the floor for nominations to that position. Councilman Rodenbaugh nominated John Cahill. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 that the nominations cease and that Mr. Cahill be appointed by acclamation. The motion carried. Mayor Pierson advised that Mr. Cahill was appointed as Alternate No. 2 on the Board of Adjustment to fill an unexpired term of office which will terminate in September of 1984. Public Hearing: Amending the Thoroughfare Plan and Authorizing Acquisition of Right -of -Way for Main Street Thoroughfare (Agenda Item IV -A) and ?LA ALLEN CITY COUNCIL November 3, 1983 Page 3 Public Hearing: Main Street Thoroughfare (continued) Plan (Agenda Item IV -A) and Resolution No. 470-11-83(R): A Resolution of the City Council, City of Allen, Collin County, Texas, Approving the Recommendation of the Main Street Study Committee Con- cerning the Alignment of Main Street from U.S. 75 to S.H. 5 and Amending the City's Existing Thoroughfare Plan to Include the Proposed Alignment, Requesting the Collin County Commissioner's Court to Release Funds for This Project, Authorizing the City Staff to Begin Acquisition of Right - of -Way in Accordance with the Plan, and Authorizing Use of Funds Released by the Collin County Commissioner's Court to Initiate Implementation of the Phasing of the Prosect. City Manager Jon McCarty advised the Council of the proposed resolution which approved the recommendation of the Main Street Study Committee concerning the proposed alignment of Main Street from U. S. 75 to State Highway 5, amended the city's existing thoroughfare plan to include this proposed alignment, requested that the Collin County Commissioner's Court release funds for this project, and authorized the city staff to begin acquisition of right-of-way in accordance with the plan and using the funds released by Collin County. Mr. McCarty advised that Mike Williams, Chairman of the Main Street Study Committee, and Mike Starek, with the firm of Starek, DeShazo, and Tang, were present to answer any questions. Mr. McCarty also advised the Council that the minutes of the public meeting held on Thursday, October 27, 1983, by the Main Street Study Committee were provided to them for their review. Mayor Pierson extended appreciation and gratitude to the Main Street Study Committee and the consultants on their work in making the proposed recommendation. Mike Williams, Chairman of the Main Street Study Committee, spoke briefly on the work of the committee and his appreciation to his committee members for their hard work. Mayor Pierson opened the public hearing on this item. The following individuals spoke before the Council on the proposed alignment for Main Street through the City of Allen and/or asked questions pertaining thereto: Louis Rogers, 305 McDermott, asked about the timeframe for the beginning of Phase I on the road construction, when the city would start acquiring property for the right-of-way and when the premises would have to be vacated. Leon Chumbley, 104 - 106 E. McDermott, asked about the proposed grade separation at the railroad and the means of access to the properties fronting on the underpass. 76S ALLEN CITY COUNCIL November 3, 1983 Page 4 Public Hearing: Main Street Thoroughfare Plan and Resolution No. 470-11-83(R) (Continued) (Agenda Item IV -A) John C. Jennings, 103 E. McDermott, asked about the homes on McDermott needed to provide right-of-way for the grade separation and also the means of providing access to properties located adjacent to the underpass and spoke against the need for an underpass at that location. Lola Cassady, properties on Cedar and McDermott, asked about the city's purchase of properties for the right-of-way and the timeframe for those purchases and when the tenants would be requested to vacate the premises. With no one else wishing to speak either for or against this item, Mayor Pierson closed the public hearing. City Manager McCarty reviewed the proposed resolution with the Council and pointed out the four sections contained in the resolution. There was considerable discussion on the proposed underpass to be located at the railroad crossing on McDermott by the City Council. Other discussion included the need for an overall study of other thoroughfares in the city to provide east/west access; an underpass to be located at another intersection in the city, not at the proposed location; a determination of the proposal of the underpass needing to be made at this time; a need for additional engineering information before a determination can be made on the need for the underpass at that location; and the fact that F.M. 2170 or Main Street is a major thoroughfare in Collin County. City Manager Jon McCarty spoke to the Council regarding the proposed grade separation and a timeframe for making a deter- mination on it. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Rodenbaugh, the Council voted six (6) for and one (1) opposed, with Councilman Paxton casting the negative vote, to adopt Resolution No. 470-11-83(R) as captioned previously. The motion carried. MOTION: A motion was made by Councilman Womack and seconded by Councilman Rodenbaugh to place an agenda item on the first regular City Council meeting to be held in March of 1984 for consideration of a grade separation, in accordance with the proposed thoroughfare plan, on McDermott and a decision made by the Council if there will be a grade separation at that location or not. The Council voted two (2) for and five (5) opposed, with Mayor Pro Tem Farmer, Council Members McClure, Rodenbaugh, Offutt and Paxton casting the negative votes, in favor of the motion. The motion failed. IL MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 that the City Council take the position that there will not be a grade separation on McDermott at the railroad. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 8:55 p.m. The regular session reconvened at 9:07 p.m. .J 70 ALLEN CITY COUNCIL November 3, 1983 Page 5 Public Hearing: Request to Rezone 4.251 Acres of Land Zoning: from LI to PD Location: Located North of Bethany Road, Approx. 240 Feet East of U.S. 75 Requestor: Nova Development Company (Agenda Item IV -B) and Ordinance No. 471-11-83: An Ordinance of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance of the City of Allen, as Hereto- fore Amended, so as to Change the Following - Described Tract of Land from "LI" Light Industrial Classification to "PD" Planned Development No. 15, Said Tract of Land Being Described as Follows: Approximately 4.251 Acres of Land, More or Less, Out of the William Perrin Survey, Abstract No. 708, Being a Part of Tract No. 6 North and Part of Tract No. 5 Conveyed to Charles A. Forbes, Trustee by Deed Recorded in Volume 1407, Page 342 of the Deed Records of Collin County, Texas; Providing for Use Regulations; Providing for a Site Plan; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. Mayor Pierson read the request into the record as follows: "Public Hearing to consider a request to rezone 4.251 acres of land from LI (Light Industrial) to PD (Planned Development), located north and adjacent to Bethany Road, approximately 240 feet east of U. S. 75." Mr. Juris Laivins, with Nova Development Company, presented to and spoke before the Council on the request to rezone 4.251 acres from LI to PD. Mr. Laivins presented a location map showing the subject property and the proposed site plan showing the placement of the buildings on the property, the parking area, and ingress/egress to the property off of Bethany Road. Mr. Laivins advised the Council of their request to use the area of the 100' set back for parking as well as a landscaped area. Mr. Laivins presented an artist's rendering of the proposed landscaped area and Mr. Laivins explained that it would be landscaped with a berm effect with the sidewalk running through the middle of it in a curved fashion. Mayor Pierson opened the public hearing. No one appeared to speak either for or against this request. Mayor Pierson closed the public hearing. Bill Petty, Director of Community Development, spoke before the Council on the 100' set -back requirement for buildings in an industrial -zoned area and Nova Development Company's request to differentiate from the set -back requirements to allow the placement of parking in that area. Mayor Pierson advised that the Planning and Zoning Com- mission, at their meeting of September 22, 1983, recommended to the Council that this request be approved as presented and the site plan be approved as presented. J 7/ ALLEN CITY COUNCIL November 3, 1983 Page 6 Public Hearing: Request to Rezone 4.251 Acres of Land from LI to PD and Ordinance No. 471-11-83 (cont'd) (Agenda Item IV -B) The Council discussed the number of parking spaces needed for this type of development, why a 100' set -back is needed in an industrial -zoned district, how another portion of this property will be developed located at the northeast corner of the inter- section of the service road and Bethany Road, maintenance of the sidewalk area within the landscaped area, if the parking could be placed in other areas, and the setting of a precedent if parking is allowed within the 100' set -back area. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted six (6) for and one (1) opposed, with Mayor Pro Tem Farmer casting the negative vote, to approve the rezoning request on the 4.251 acres from LI to PD No. 15 and the site plan as submitted in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 471-11-83, as captioned previously. The motion carried. Public Hearing: Request to Rezone 20.595 Acres of Land Zoning: from MF -1 and TH to PD Location: Located East of Jupiter Road and North and South of Park Place Drive Requestor: Dr. Joel B. Goldsteen (Agenda Item IV -C) and Ordinance No. 472-11-83: 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 Change the Following -Described Tract of Land from "MF -1" Multi -Family Classification and "TH" Townhouse Classifi- cation to "PD" Planned Development No. 16, Said Tract of Land Being Described as Follows: Approximately 20.595 Acres of Land, More or Less, Out of the David Wetsel Survey, Abstract No. 977, Recorded in Volume 683, Page 784, Deed Records of Collin County, Texas; Providing for Use Regulations; Providing for a Site Plan; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. Mayor Pierson read the request into the record as follows: "Public Hearing on consideration of a request to rezone 20.595 acres of land from MF -1 (Multi -family) and TH (Townhouse) to PD (Planned Development) located east and adjacent to Jupiter Road and lying adjacent and north and south of Park Place Drive." Dr. Joel B. Goldsteen, with Joel B. Goldsteen Planners, presented to and spoke before the Council on this request to rezone 20.595 acres of land from MF -1 and TH to Planned Development. ».) ALLEN CITY COUNCIL November 3, 1983 Page 7 Public Hearing: Request to Rezone 20.595 Acres of Land from MF -1 and TH to PD and Ordinance No. 472-11-83 (continued) (Agenda Item IV -C) Dr. Goldsteen presented the site plan for the planned development and reviewed it with the Council and advised of the amenities planned for this development, which include hot tubs, swimming pool, jogging path, spas, screening fence, and carports and garages. Dr. Goldsteen advised of the existing zoning on the property and the allowable densities and the proposed change in zoning and the proposed densities. Dr. Goldsteen reviewed the ingress/egress to the property and the interior streets and driveways and advised of the land- scaping for this development and reviewed the landscape plan. 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 the Planning and Zoning Com- mission, at their meeting of September 22, 1983, had recom- mended to the Council approval of this planned development and site plan, provided that the amenities of washer/dryer hook-ups, individual outdoor storage units, and fireplaces be added by the developer to this development. The Council discussed the exceptions of this development " as compared to the MF -1 zoning requirements regarding number of units and dwelling unit size; the use regulations for open space and the fact that there is a drainage area near the children's playground area and how it will be developed and maintained; the reasoning for the reduction in dwelling size; the recommendations of the Planning and Zoning Commission for the additional amenities; the change in construction materials for the use of stucco; the timeframe for construction of this development to begin; and the need to not deviate from the minimum dwelling size of 850 square feet. MOTION: A motion was made by Mayor Pro Tem Farmer and seconded by Councilman Rodenbaugh to approve the rezoning request from MF -1 and TH to Planned Development No. 16 and to approve the site plan as submitted, in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 472-11-83, as captioned previously. AMENDMENT TO MAIN MOTION: A motion was made by Councilman Paxton and seconded by Councilman Offutt that the request be approved with the minimum dwelling size to be maintained at 850 square feet for this development. The Council voted four (4) for and three (3) opposed, with Mayor Pro Tem Farmer, Councilman Rodenbaugh and Councilman Womack casting the negative votes, in favor of the motion. The amendment to the main motion carried. The Council voted 7 - 0 in favor of the main motion. The main motion carried. Request to Appear from Richard Thiessen and Ed Musser of Communications Services, Inc., to Discuss the Cable System Operation (Agenda Item V) Mr. Richard Thiessen, Vice President of Communications Services, Inc., appeared before the Council to introduce his associate, Mr. Ed Musser, Regional Manager for Communications Services, Inc., in the Allen area. a73 ALLEN CITY COUNCIL November 3, 1983 Page 8 Request to Appear from Richard Thiessen and Ed Musser - Communications Services, Inc., to Discuss Cable System Operation (cont'd) (Agenda Item V) Mr. Musser spoke before the Council on his company taking over the operation of the cable system in the city and how it has been operating for the last ninety days, the addition of a new sports channel, the location of the new office space in the Cottonwood Creek Shopping Center, the construction of the cable system in the Timberbend area and the moving back into the Fountain Park area for further construction, the placing of cable underground in certain areas which had been neglected by the other cable company, and the placement of the cable system at Rountree Elementary School. The Council briefly discussed with Mr. Musser the status of the quality of the picture on the educational channels and the status of raising the antenna on the water tower. This item was a matter of information. There was no action taken on this item. Approval of Preliminary and Final Plat on 1.693 Acres of Land, Located Adjacent and East of Federal Drive, West of Allen Drive and North of Ola Drive (Agenda Item VI) Mr. William Chester, spoke before the Council on the preliminary and final plat of 1.693 acres of land out of the W. J. Jackson Survey, Abstract No. 484, located east of Federal Drive and west of Allen Drive and north of Ola Lane. Mr. Chester advised that this property had not been platted in the past and his request was to plat the property into three lots. One of the lots contains the site of the existing Amfac Plumbing Supply Company on the south end, another lot contains the C & D Automotive Repair Shop on the north end, and the center lot is presently undeveloped at this time. Bill Petty, Director of Community Development, spoke before the Council on this proposed preliminary and final plat and the need to plat this property and that it will have to be replatted at a later date to establish the utility and fire lane easements when the center lot is developed. The Council discussed with Mr. Chester his plan for development of the center lot and the existing business of Amfac Plumbing Supply Company and the problems that have occurred with that business at that location. The Planning and Zoning Commission, at their meeting of October 27, 1983, recommended to the Council approval of this preliminary and final plat as submitted. MOTION: Upon amotion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to approve the preliminary and final plat for the 1.693 acres as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. ALLEN CITY COUNCIL November 3, 1983 Page 9 Review Bids and Award Contracts for Communications Equipment for Police Department (Agenda Item VII -A) Police Chief Richard Carroll presented to and spoke before the Council on the receipt of bids and bid tabulations for the communications equipment for the Police Department. Chief Carroll advised that it was the city staff's recom- mendation that the bid be awarded to General Electric for items number 1 thru 5 for a total of $19,736; and the bid for item number 6 be awarded to Motorola for $364.77. The Council briefly reviewed the tabulation sheet and discussed the interchangeability of the parts of these two dealers. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to award the bid to General Electric for items number 1 - 5 in the amount of $19,736 and to Motorola for item number 6 in the amount of $364.77 in accordance with the recommendation of city staff, as stated. The motion carried. Review Bids and Award Contract for Two Police Replacement Vehicles (Agenda Item VII -B) Police Chief Richard Carroll presented to and spoke before the Council on the receipt of bids and bid tabulations for the two Police replacement vehicles. Chief Carroll also advised the Council of his research in contacting other cities on the use of Chrysler and Chevrolet vehicles and their recommendations on such. Chief Carroll advised it was the city staff's recommendation that the bid be awarded to Doran Chevrolet for their Impala in the amount of $10,690.05 per vehicle. The Council briefly reviewed the tabulation sheet and discussed with Chief Carroll the maintenance of the vehicles by the dealer during the warranty period. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to award the bid to Doran Chevrolet for two (2) Impalas in the amount of $10,690.05 per vehicle, in accordance with the recommendation of city staff, as stated. The motion carried. Resolution No. 473-11-83(R): A Resolution of the City Council, City of Allen, Collin County, Texas, Casting Ballots for Positions on the Board of Directors, Collin County Tax Appraisal District (Agenda Item VIII) Mayor Pierson advised that it was time for the city to cast their ballots for a representative to the Board of Directors of the Collin County Tax Appraisal District and as in the past the city had worked with the School District to make a nomination and to cast the ballots. City Manager Jon McCarty advised of the Board Members now serving and reviewed with the Council the proposed resolution casting the 75 votes for Donnie Higgins. MOTION: Upon a motion made by Councilman Womack and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adopt Resolution No. 473-11-83(R) as captioned above, to cast the 75 votes for Donnie Higgins. The motion carried. J75 ALLEN CITY COUNCIL November 3, 1983 Page 10 Ordinance No. 474-11-83: An Ordinance of the City of Allen, Collin County, Texas, Waiving Its Extraterritorial Jurisdiction to and Over a Total of 310.085 Acres of Land Out of the Thomas G. Kennedy Survey, Abstract No. 500, and the Daniel Rowlett Survey, Abstract No. 738, Collin County, Texas, to the City of Plano, Texas, Providing that Said Territory May be Annexed to and Made Part of the City of Plano, Texas, Providing for Revocation of the Waiver, Relinquishment and Consent of the City of Allen, Herein, Contained if Annexation Proceedings of the City of Plano, Texas, for the Subject Property are not Completed Within 180 Days After Passage of This Ordinance, and Providing for an Effective Date (Agenda Item IX) City Manager Jon McCarty advised the Council of a request to release the city's extraterritorial jurisdiction on 310.085 acres of land which lies south of Rowlett Creek and west of U.S. 75 in order that it may be annexed into the City of Plano. An ordinance which would allow this was presented to the Council by the City Manager and reviewed. Mr. McCarty further advised that in consideration of the City of Allen releasing the ETJ (extraterritorial jurisdiction) the owners of the property have agreed to provide an easement and an option to the city to purchase four (4) acres of land to facilitate the second delivery point for water. There was considerable discussion on the purchase of this property, the cost per acre, the timeframe on the option to purchase this property, and the exact location of the four acre tract of land. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted six (6) for and None (0) opposed, with Mayor Pro Tem Farmer being out of the room, to adopt Ordinance No. 474-11-83, as captioned above, and to authorize the city staff to execute the contract. The motion carried. Tax Report - October 31, 1983 (Agenda Item X -A) Walter Curtis, Tax Assessor/Collector, presented to and spoke before the Council on the Schedule of Taxes Receivable as of October 31, 1983. Mr. Curtis advised the Council of the mailing of the tax statements and the collections to date. This item was received as a matter of information. There was no action taken on this item. Update on the Public Hearing of the Wilson Creek Wastewater. Treatment Plant (Agenda Item X -B) Mayor Pierson advised of the city's attendance at the public hearing on the discharge permit for the Wilson Creek Wastewater Treatment Plant held in Austin earlier on this date. Mayor Pierson advised of those in attendance and what occurred and that a decision would not be rendered until a later date. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL November 3, 1983 Page 11 Update on Jupiter Road Bridge and Park Place Drive East (Agenda Item X-C) City Manager Jon McCarty advised the Council of the receipt of the easements for right-of-way for Park Place Drive East and the contractor moving back on site to complete paving on that portion of the roadway. City Manager McCarty also advised of the status of the construction to the Jupiter Road Bridge in that the utilities had been completed, the old bridge had been removed and that construction on the new portion would be underway. The completion of the bridge would depend on the weather conditions. This item was received as a matter of information. There was no action taken on this item. Adjournment MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 11:00 p.m. on Thursday, November 3, 1983. The motion carried. These minutes approved on the 17th day of November , 1983. (S1141 A. i'L' Merson, MAYOR & Marty Hendri CITY SECRETARY 777