Min - City Council - 1985 - 03/21 - RegularCITY OF ALLEN
ANNEXATION PUBLIC HEARING
MARCH 21, 1985
160.77 Acres
Present:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
In accordance with Article 970(a), V.A.T.C.S., the public
hearing was called to order by City Manager Jon McCarty at
1:12 p.m. on Thursday, March 21, 1985, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
City Manager Jon McCarty advised that the 160.77 acres
of land out of the Mary Standifer Survey, Abstract No. 612,
Collin County, Texas, had been requested to be annexed into
the Allen city limits by John B. (Ben) Whisenant, property
owner.
City Manager McCarty reviewed the location of the property,
being north of Rowlett Road, East of County Road 146 and west
of Watters Branch.
City Manager McCarty advised that the prepared service
plan for the 160.77 acres was available for public review.
City Manager McCarty opened the public hearing. With no
one wishing to speak either for or against this annexation
request, City Manager McCarty closed the public hearing.
The public hearing was adjourned at 1:18 p.m.
These minutes reviewed and approved on this the 21st day
of March, 1985.
1cCarty, ity D nager
Marty Hendrix, ity Secretary
CITY OF ALLEN
ANNEXATION PUBLIC HEARING
MARCH 21, 1985
20.2038 Acres
Present:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
In accordance with Article 970(a), V.A.T.C.S., the public
hearing was called to order by City Manager Jon McCarty at
1:06 p.m. on Thursday, March 21, 1985, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
City Manager Jon McCarty advised that the 20.2038 acres
of land out of the Thomas G. Kennedy Survey, Abstract No. 500,
Collin County, Texas, had been requested to be annexed into
the Allen city limits by Charles Forbes, property owner.
City Manager McCarty reviewed the location of the property,
being west of U.S. 75 and north of Rowlett Creek and east of
Watters Branch.
City Manager McCarty advised that the prepared service plan
for the 20.2038 acres was available for public review.
City Manager McCarty opened the public hearing. With no
one wishing to speak either for or against this annexation
request, City Manager McCarty closed the public hearing.
The public hearing was adjourned at 1:11 p.m.
These minutes reviewed and approved on this the 21st day
of March, 1985.
( la'� .Jon 1cCarty, !-PTY MAt `AGER
Marty Hendrix, CITY SECRETARY 1
L
(07
ALLEN CITY COUNCIL
REGULAR SESSION
March 21, 1985
M
Present•
Donald P. Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Rex Womack
Jim Wolfe
Ward Paxton (arrived at 7:45 p.m.)
Gary Koch
Absent•
Jim McClure
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 7:34 p.m, on Thursday,
March 21, 1985, 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 Mayor Pro Tem Farmer and
seconded by Councilman Koch, the Council voted
5 - 0, with Councilman Paxton being absent, to
approve and adopt all items on the Consent Agenda
as recommended and as follows:
A. Approval of City Council Minutes of March 7, 1985 -
Regular Session.
B. Authorization to city staff to pay bills associated
with the 1979 - 1982 Capital Improvement Program
as follows:
1. Marriott Brothers, Inc. $ 193.20
Contract for Street Asphalt
Overlay Program - March, 1985
2. Gohmann of Texas $ 2,876.18
Contract for Street Asphalt
Overlay Program - Hot Mix
Cold Lay - January - February,
1985 - Invoices No. 6372, 6394,
6408, 6507, 6528, 6570, 6586
3. Graham Associates, Inc. $12,184.43
Engineering Services for
Main Street Project for Items
4, 6, 7 and 8 of the Proposal -
February 19, 1985
4. Graham Associates, Inc. $ 735.00
Engineering Services for
Main Street Project - Alignment
at U.S. 75 and McDermott Dr. -
February 19, 1985
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ALLEN CITY COUNCIL
March 21. 1985
CONSENT AGENDA (cont'd)
Set April 18, 1985
Zoning Request on
FP -O (Flood Plain
U.S. 75, North of
Watters Branch, as
Page 2
(Agenda Item II)
as Public Hearing Date on a
Approximately 20 Acres for
- Office) Located West of
Rowlett Creek and East of
requested by Charles Forbes.
Consolidated Summary of Activities for the Allen
Police Department - February, 1985.
The motion carried.
End of Consent Agenda
Resolution No. 593-3-85(R):
A Resolution of the City
Council, City of Allen,
Collin County, Texas, Adopting
the Attached as the Official
Comprehensive Plan for the
City of Allen, Texas, and
Directing That It Be Placed
Into Use by the Appropriate
Boards and Commissions and
Citv Staff.
(Agenda Item III)
City Manager Jon McCarty advised the Council that they had
been provided with copies of the proposed comprehensive plan,
the recommendations of the Planning and Zoning Commission
regarding the plan, and the comments that had been made at
the public hearings on the comprehensive plan with the
Planning and Zoning Commission's responses to those comments.
(See Attachment No. 1)
Mr. McCarty advised that if the Council's pleasure was
to adopt the Comprehensive Plan at this time, city staff
recommended prior to that action that the Council consider
the responses to the comments made at the public hearings
and act upon those in an official response which can be
made a part of the record for adoption of the plan.
The Council briefly discussed the comments made at the
public hearings and the responses to those comments recommended
by the Planning and Zoning Commission.
City Manager McCarty, for information to the audience
present at this meeting, advised that the City Council and
the Planning and Zoning Commission had held joint public
hearings on the Comprehensive Plan on March 5th and 6th.
City staff had compilated the comments and questions presented
at those public hearings in order that responses could be made
by the Planning and Zoning Commission and the City Council.
The Council discussed with the City Manager what the
dissemination had been to date on the responses to the com-
ments made at the public hearings. Mr. McCarty advised that
several of the people that had been at the public hearings
were present at the Planning and Zoning Commission meeting
and heard their prepared responses. However, nothing in
writing had been sent to any of the participates. Mr. McCarty
further stated that upon action by the City Council, it had
been intended that responses would then be made to all
participates involved.
At this time, Mr. Robert Johnson, resident on State
Highway 121, requested to speak before the Council regarding
what he had understood to be a request made by the residents
of the Kitty Hawk Airport Homeowners Association to expand
their airport. He stated that he was opposed to that request
and advised that the airport was a nuisance to other residences
in that area. He added that there was another lady in the
audience that would also support his statements.
ALLEN CITY COUNCIL
March 21, 1985
Page 3
Resolution No. 593-3-85(R)(cont'd) (Agenda Item III)
Mayor Rodenbaugh advised Mr. Johnson that the residents
of Kitty Hawk had not requested expansion of their airport
during the public hearings, but requested recognition of
their airport on the land use plan.
The Council pointed out that the Planning and Zoning
Commission had recommended that the airport not be shown on
the land use plan, but shown as a private airport in the
Comprehensive Zoning Ordinance.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Koch, the Council voted 5 - 0, with
Councilman Paxton being absent, to approve of the
responses recommended by the Planning and Zoning
Commission as the official responses to be dis-
seminated to the participants in the March 5th
and March 6th public hearings on the Comprehensive
Plan. The motion carried.
City Manager McCarty advised the Council that a resolution
had been prepared for the adoption of the Comprehensive Plan.
The Planning and Zoning Commission, at their regular
meeting held on March 14, 1985, recommended to the City
Council approval of the City of Allen's Comprehensive Plan
1985. Also, that the proposed future land use map is intended
to be a general guideline and a flexible planning tool to
allow for changing needs of our city, and to allow for
planned development, and that it is not a zoninq document.
The Council briefly discussed the work on the Compre-
hensive Plan.
MOTION: Upon a motion made by Councilman Womack and seconded
by Mayor Pro Tem Farmer, the Council voted 5 - 0,
with Councilman Paxton being absent, to approve
and adopt Resolution No. 593-3-85(R), as captioned
previously; in accordance with the recommendation
of the Planning and Zoning Commission, as stated.
The motion carried.
Ordinance No. 594-3-85: 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 on 76.188
Acres of Land, More or Less, in the
Following -Described Tracts of Land,
to -wit: Tract No. 1 - "LR" (Local
Retail) on 6 Acres of Land; Tract
No. 2 - "TH" (Townhouse) on 11.79
Acres of Land; Tract No. 3 - "R-4"
(Residential) on 27 Acres of Land;
Tract No. 4 "R-3" (Residential)
on 25 Acres of Land, Tract No. 5 -
"R-2" (Residential) on 5 Acres of
Land, Out of the William Snyder
Survey, Abstract No. 821, Collin
County, Texas, Located at the
Northeast Corner of Malone Road
and Proposed Bethany Road; Providing
for a Penalty of Fine Not to Exceed
the Sum of One Thousand Dollars
($1,000.00) for Each Offense; Providing
for an Effective Date; and Providing for
Publication of a Caption. (Agenda Item IV)
7A
ALLEN CITY COUNCIL
March 21,1985
Ordinance No. 594-3-85 and
Page 4
Resolution No. 595-3-85(R): A Resolution
of the City Council of the City of Allen,
Collin County, Texas, Adopting Certain
Voluntary Deed Restrictions on Approximately
27 Acres of Land Located at the Northeast
Corner of Malone Road and Proposed Bethany
Road, and Providing the City of Allen the
Authority to Withhold Certificates of
Occupancy Necessary for the Lawful Use of
the Property Until Such Restrictions are
Fully Complied With. (Agenda Item IV)
Mayor Rodenbaugh read the request into the record as follows:
"Tabled Item: Consider a Request for Permanent Zoning
on 76.188 Acres of Land to LR (Local Retail), R-2,
R-3, R-4 (Residential), and TH (Townhouse) Located at
the Northeast Corner of Bandy Lane and Malone Road,
and Consider an Ordinance Zoning the Property and a
Resolution Approving Voluntary Deed Restrictions."
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Koch, the Council voted 6 - 0 to remove
this item from the table for consideration. The
motion carried.
Mr. Dwayne Brinkley, land planner and agent for Terra
Investments, Inc., presented the site plan showing the 76.188
acres of land located in the William Snyder Survey, Abstract
No. 821, Collin County, Texas.
The Planning and Zoning Commission, at their regular meeting
held on January 10, 1985, recommended to the City Council
approval of the site plan as submitted.
The Council discussed briefly with Mr. Brinkley a
clarification on a statement he had made regarding 80%
of this neighborhood district contained low density
residential development; that the action that the Council
takes on this request will also determine the zoning to
be placed on the small strip of land located between this
subject property and the High Point Estates; and opposition
to this request stated by Councilman Paxton. There was
also a brief comment made regarding the residents of High
Point Estates who had opposed this request and how they
felt about the plan as it has now been submitted.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Wolfe, the Council voted five (5)
for and one (1) opposed, with Councilman Paxton
casting the negative vote, to approve the request
as presented and in accordance with the recommendation
of the Planning and Zoning Commission, as stated; to
adopt Ordinance No. 594-3-85, as captioned previously;
and to adopt Resolution No. 595-3-85(R), as captioned
previously. The motion carried.
Public Hearing: Request for Permanent
Zoning on 41.644 Acres
Zoning: for R-4, R-3, TH and SC
Location: Southwest Corner of
Intersection of F.M.
2170 and F.M. 2551
Requestors: Harry Seeligson &
Roger C. Sullivan (Agenda Item V-A)
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ALLEN CITY COUNCIL
March 21, 1985
Page 5
Public Hearing: Request for Permanent
Zoning on 41.644 Acres
Requesters: Harry Seeligson &
Roger C. Sullivan (cont'd) (Agenda Item V-A)
and
Consideration of an Ordinance Establishing
Permanent Zoning and a Resolution
Establishing Deed Restrictions for the
Townhouse Zone
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request for Permanent
Zoning on 41.644 Acres for R-4, R-3 (Residential),
TH (Townhouse), and SC (Shopping Center) located at
the Southwest Corner of the Intersection of F.M. 2170
and F.M. 2551 and Consider an Ordinance Establishing
Permanent Zoning and a Resolution Establishing Deed
Restrictions for the Townhouse Zone."
Mr. Frank Polma, with R -Delta Engineering and representing
the property owners, presented to and spoke before the Council
on this request for permanent zoning on the 41.644 acres of
land out of the William Snyder Survey, Abstract No. 821,
Collin County, Texas.
Mr. Polma presented the site plan showing 8.47 acres of
Townhouse, 3.86 acres of R-3 Residential zoning, 12.59 acres
of R-4 Residential zoning and 16.72 acres of Shopping Center
zoning. Mr. Polma advised the Council of their work with
the Planning and Zoning Commission and with the residents
of High Point Estates on this development.
Mr. John Frieble, traffic engineer, spoke before the
Council on :the traffic impact study that had been prepared
for this site.
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 February 14, 1985, recommended to the City
Council approval of the zoning change request as revised
subject to the R-5 zoning being changed to R-4.
The Council discussed the large amount of shopping center
shown in this development, that this large shopping center
is not needed at that location due to the low density in
population in that area, the layout of the zoning districts
is in a strip fashion which is not appealing, and the retail
area should be reduced and the R-3 Residential zoning district
should be increased.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 in
favor of denying this request for permanent zoning
as presented. The motion carried and the request
was denied.
Public Hearing: Request to Annex
20.2038 Acres of
Land
Location: West of U.S. 75,
North of Rowlett
Creek, and East of
Watters Branch
Requester: Charles Forbes (Agenda Item V -B)
Jim Rushing, resident of Kitty Hawk, requested that the
land be pointed out on the city's aerial photograph.
With no one wishing to speak either for or against this
request, Mayor Rodenbaugh closed the public hearing.
Mayor Rodenbaugh advised that there was no action needed
on this item at this time.
Consideration of the annexation ordinance would be brought
forth to the City Council at their regular meeting to be held
on Thursday, April 18, 1985.
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ALLEN CITY COUNCIL
March 21, 1985 Page 6
Public Hearing: Request to Annex
20.2038 Acres
Requester: Charles Forbes (Agenda Item V -B)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request to Annex 20.2038
Acres of Land Located West of U.S. 75, North of Rowlett
Creek and East of Watters Branch."
Mayor Rodenbaugh advised the Council that Mr. Stan Itzkowitz,
representing Charles Forbes, had been at the meeting but was
ill and had to leave.
City Manager Jon McCarty advised the Council of the location
of the 20.2038 acres, being west of U.S. 75, north of Rowlett
Creek and east of Watters Branch, in the Thomas G. Kennedy Survey,
Abstract No. 500, Collin County, Texas.
City Manager Jon McCarty advised the Council that in
accordance with state law, the first public hearing was held
by city staff at 1:00 p.m. on Thursday, March 21, 1985. Minutes
of those proceedings had been furnished to the Council for their
review. The service plan had also been prepared and was
available for public review.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this request. The public
hearing was closed.
Mayor Rodenbaugh advised that there was no action needed on
this item at this time.
Consideration of the annexation ordinance would be brought
forth to the City Council at their regular meetinq to be held
on Thursday, April 18, 1985.
Public Hearing: Request to Annex
160.77 Acres
Location: North of Rowlett
Road, East of
County Road 146
and West of Watters
Branch
Requester: John B. (Ben) Whisenant (Agenda Item V -C)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request to Annex 160.77
Acres of Land Located North of Rowlett Road, East of
County Road 146 and West of Watters Branch."
John B. (Ben) Whisenant spoke before the Council on behalf
of this annexation request, being 160.77 acres of land out of
the Mary Standifer Survey, Abstract No. 812, Collin County, Texas.
Mayor Rodenbaugh opened the public hearing.
Jim Rushing, resident of Kitty Hawk, requested that the
land be pointed out on the city's aerial photograph.
With no one wishing to speak either for or against this
request, Mayor Rodenbaugh closed the public hearing.
Mayor Rodenbaugh advised that there was no action needed
on this item at this time.
Consideration of the annexation ordinance would be brought
forth to the City Council at their regular meeting to be held
on Thursday, April 18, 1985.
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ALLEN CITY COUNCIL
March 21, 1985
Page 7
Approval of Site Plan: Office
Development on Lots A, B, C, D,
& E, Reitinger-White Addition
Zoning: CBD
Location: West of Butler St.,
North of Belmont,
and East of Main St.
Requester: John Reitinger (Agenda Item VI)
John Reitinger, property owner, presented to and spoke before
the Council on the request for site plan approval for Lots A, B,
C, D, and E, of Block 19, of the Reitinger-White Addition, located
at the northwest corner of Butler and Belmont Streets, for the
development of five (5) small commercial lots, with a 1,300 sq. ft.
office building to be constructed on each of these five adjacent lots.
Mr. Reitinger advised of the on -street parking along Belmont
Street and of the paving of the alley located behind the proposed
buildings in order to provide access to the parking located to
the rear of the buildings.
The Council discussed with Mr. Reitinger the construction of
sidewalks on Butler Street per the requirements of the Subdivision
Ordinance.
The Council reviewed the site plan in more detail as to the
location of the alley and where it comes out on Butler Street and
Main Street, the areas shown to be landscaped, the sidewalks located
on Belmont Street and what the adjacent properties were to this
location.
The Planning and Zoning Commission, at their regular meeting
held on March 19, 1985, recommended approval of the site plan as
submitted.
MOTION: Upon a motion made by Councilman Wolfe and seconded by
Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve
the site plan as presented, in accordance with the
recommendation of the Planning and Zoning Commission, as
stated, and to add the construction of sidewalks per the
requirements of the Subdivision Ordinance. The motion carried.
Approval of Site Plan &
Landscape Plan: Shopping Center on
Lots 1 and 2, Block 1, Old Donation
Zoning: Central Business District
Location: Southeast Corner of
U.S. 75 and McDermott Dr.
Requester: Sibley & Wolfe (Agenda. Item VIZ)
Stephen Harrison, General Counsel for Sibley & Wolfe presented
to and spoke before the Council on the site plan for Lots 1 and 2,
Block 1 of the Old Donation Addition, being 12± acres out of the
William Perrin Survey, Abstract No. 708, Collin County, Texas,
located at the southeast corner of McDermott Drive and U.S. 75
(Federal Drive). The land is presently zoned Central Business District.
Using the site plan, Mr. Harrison explained the layout of the
retail buildings on the site, which included a. grocery store, and
four separate retail shopping center buildings which faced towards
the intersection of McDermott and U.S. 75. Mr. Harrison also
pointed out the parking lot areas, ingress/egress to the property,
and a loop road to be constructed behind this shopping center area
which would primarily serve the city's property and not the shopping
center.
74
Mr.
Harrison advised of the work with the Planning and
Zoning
Commission
on this commercial site, advised that this site,
due to its
location,
lent itself to a commercial area, and pointed out
another
important
aspect that influenced this site plan development
was
that the
city owned property to the south of this site.
Using the site plan, Mr. Harrison explained the layout of the
retail buildings on the site, which included a. grocery store, and
four separate retail shopping center buildings which faced towards
the intersection of McDermott and U.S. 75. Mr. Harrison also
pointed out the parking lot areas, ingress/egress to the property,
and a loop road to be constructed behind this shopping center area
which would primarily serve the city's property and not the shopping
center.
74
ALLEN CITY COUNCIL
March 21, 1985
Approval of Site Plan &
Landscape Plan: Shopping Center on
Lots 1 and 2, Block 1, Old Donation
Requester: Sibley & Wolfe (cont'd) (Agenda Item VII)
At this time, Gary Cunningham, architect, spoke before
the Council on the details of the appearance of the shopping
center buildings and the areas to be landscaped and the types of
plantings to be used in the landscaping.
Mr. Cunningham pointed out on the site plan a driveway
through the shopping center towards the city's property in order
to create a vista focusing towards the city's property.
Mr. Cunningham advised that a clock tower would be built at
the end of the proposed driveway with additional landscaping to
provide a focal point towards the city's property.
Mr. Cunningham then presented several artist's renderings
of the front elevations of the retail shopping center buildings,
of the rear of the buildings, and a total front view of the
shopping center area. Using these renderings, Mr. Cunningham
explained about the construction of a covered pedestrian arcade
in front of the retail buildings, advised of the exterior con-
struction of the buildings and how they will appear and the
colors that will be used, explained about the type of signage
that will be allowed onthe buildings and where it will be
located, pointed out the location of the screening wall to
screen this property from the city's property and explained the
construction of the wall and the use of landscaping to also enhance
the appearance of it.
Mr. Cunningham then presented the landscape plan for the
shopping area and advised in detail of the types of plantings
that will be used in the plan.
Mr. Harrison advised the Council that the major tenant of
this shopping center would be the grocery store chain and they
would determine the course of development of this property, which
could begin immediately or within 18 months.
Mr. Harrison also introduced Mr. Gary Teague, engineer on
this project, if the Council had any questions that pertained
to the engineering.
The Planning and Zoning Commission, at their regular meeting
held on March 19, 1985, recommended to the City Council approval
of the site plan as submitted and approval of the landscape plan
as submitted.
lq
There was considerable discussion by the City Council on the
placement of this shopping center with a major grocery store chain
at this location and the major impact it will have on the layout
of the city's property; the major investment that the city has made
in its property and the need to determine what the layout of it
will be before other property develops in that area.; the city's
facilities having to perhaps face the back of a grocery store; the
this tract of land
fact that there exists a drainage problem on
that will affect the city's property; and the description of how
this area should be developed as referenced in the recently
adopted Comprehensive Plan for the city; and the city working with
property owners and developers in this area to create a unique design
that will provide identity for the city.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Councilman Wolfe, the Council voted four (9) for and two
(2) opposed, with Mayor Rodenbaugh and Councilman Koch
casting the negative votes, to deny this request for site
plan approval in view of the fact that it is in conflict
with the Comprehensive Plan that was just adopted by the
city. The motion carried .and the request was denied.
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ALLEN CITY COUNCIL
March 21, 1985
Page 9
Mr. Thornton advised the Council of the presentation of
the RFP as a matter of information in August of 1983, the
selection of the Study Committee to review the document, and
the recommendation of the Parks and Recreation Board on the
RFP. Mr. Thornton advised that the RFP contained three
categories, those are research and analysis, planning and
implementation and presentation. Mr. Thornton advised that
the requested action on this item was approval of the RFP
and authorization to solicit for proposals on the study.
Mr. Thornton also advised that the funding of this study
will be through private donations. Mr. Thornton stated that as
of this date, the city had received $82,500 for the project.
He then advised of the following contributions to the project:
McDermott Foundation $50,000
Bass Development $ 7,000
Baker Development $ 7,000
Tomlin Development $ 7,000
Utal Development $ 7,000
Campbell Properties $ 4,500
Mr. Thornton added that Folsom Investments had committed to
providing $7,000 also, thus bringing the total to $89,500.
The Parks and Recreation Board, at their regular meeting
held on March 11, 1985, recommended to the City Council that
they review and approve the Request for Proposal for the Green-
belt/Linear Park Study, authorize the solicitation of proposals
and the expenditure of funds for the study.
Mayor Rodenbaugh advised that he had a discussion with
Mr. Stan Itzkowitz, representing Charles Forbes, and he had
also committed that Mr. Forbes would be sending in $7,000
for the study.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Womack, the Council voted 6 - 0 to
approve the Request for Proposal for the Greenbelt/
Linear Park Study, and to authorize the solicitation
of proposals for the study, and the expenditures of
the funds for the Parks and Recreation Board, as stated.
The motion carried.
Award of Bid for
Modular Type I
Ambulance for Fire
Department (Agenda Item IX)
Ron Gentry, Fire Chief, presented to and spoke before the
Council on the solicitaion of bids, the receipt of bids, and
the tabulation of bids for a Modular Type I Ambulance for the
Allen Fire Department.
7b
Mayor Rodenbaugh recessed
the regular session of
the Allen
City Council at 9.40 p.m. The
meeting reconvened at
9:46 p.m.
Approval of the Greenbelt
Study Committee's Request
for Proposal and Authorization
to Solicit for Proposals
(Agenda
Item VIII)
Mark Thornton, Director of
Parks and Recreation,
spoke
before the Council on the Greenbelt/Linear
Park Study
Request
for Proposal (RFP).
Mr. Thornton advised the Council of the presentation of
the RFP as a matter of information in August of 1983, the
selection of the Study Committee to review the document, and
the recommendation of the Parks and Recreation Board on the
RFP. Mr. Thornton advised that the RFP contained three
categories, those are research and analysis, planning and
implementation and presentation. Mr. Thornton advised that
the requested action on this item was approval of the RFP
and authorization to solicit for proposals on the study.
Mr. Thornton also advised that the funding of this study
will be through private donations. Mr. Thornton stated that as
of this date, the city had received $82,500 for the project.
He then advised of the following contributions to the project:
McDermott Foundation $50,000
Bass Development $ 7,000
Baker Development $ 7,000
Tomlin Development $ 7,000
Utal Development $ 7,000
Campbell Properties $ 4,500
Mr. Thornton added that Folsom Investments had committed to
providing $7,000 also, thus bringing the total to $89,500.
The Parks and Recreation Board, at their regular meeting
held on March 11, 1985, recommended to the City Council that
they review and approve the Request for Proposal for the Green-
belt/Linear Park Study, authorize the solicitation of proposals
and the expenditure of funds for the study.
Mayor Rodenbaugh advised that he had a discussion with
Mr. Stan Itzkowitz, representing Charles Forbes, and he had
also committed that Mr. Forbes would be sending in $7,000
for the study.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Womack, the Council voted 6 - 0 to
approve the Request for Proposal for the Greenbelt/
Linear Park Study, and to authorize the solicitation
of proposals for the study, and the expenditures of
the funds for the Parks and Recreation Board, as stated.
The motion carried.
Award of Bid for
Modular Type I
Ambulance for Fire
Department (Agenda Item IX)
Ron Gentry, Fire Chief, presented to and spoke before the
Council on the solicitaion of bids, the receipt of bids, and
the tabulation of bids for a Modular Type I Ambulance for the
Allen Fire Department.
7b
ALLEN CITY COUNCIL
March 21, 1985 Page 10
Award of Bid for Modular
Type I Ambulance for Fire
Department (cont'd) (Agenda Item IX)
Chief Gentry advised of the receipt of the following bids:
Gasoline Diesel
Road Rescue No Bid $47,786
Collins Ambulance $43,865 $44,965
Summers Ambulance $41,880 $43,780
Superior Remount $41,378 $43,378
Chief Gentry advised of contacts that he had made with
other cities regarding the reliability of diesel fire equipment
and maintenance on the equipment. He then reviewed in detail
the bid tabulation sheet which showed the bid prices, the
delivery dates and warranties.
Chief Gentry advised that the amount budgeted for the
first year's lease/purchase was $10,000. He stated that the
city staff's recommendation was to award the bid to the low
bidder, which is Superior Remount, Inc., in the amount of
$43,378, for the purchase of a diesel Modular Type I Ambulance
and that the lease be funded through Texas American Bank of
Allen.
11
The Council briefly discussed with Chief Gentry contacting
the local banks for quotations on loans, the number of miles
that the ambulance is run per year, if this was the first
piece of diesel equipment that the city has purchased, and
if the city has the title to the equipment in a lease/purchase
agreement or if the bank retains the title.
v
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Koch, the Council voted 6 - 0 to award
the bid to the low bidder, being Superior Remount,
Inc., in the amount of $43,378, for a diesel Modular
Type I Ambulance for the Fire Department and that
the lease/purchase agreement be funded through Texas
American Bank of Allen in accordance with the recom-
mendation of the city staff, as stated. The motion
carried.
Approval of Specifications and
Authorization to Solicit Bids
for a 5 -Gang Reel Mower for
the Parks and Recreation Department (Agenda Item X)
Mark Thornton, Director of Parks and Recreation Department,
spoke before the Council on the specifications for a 5 -gang
pull -type reel mower.
Mr. Thornton advised that this equipment would be used
primarily on the athletic fields and would be used in con-
junction with the existing John Deere tractor.
Mr. Thornton advised that the city staff's recommendation
was that the City Council approve the specifications as pre-
sented and authorize the solicitation of bids for the 5 -gang
reel mower.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 6 - 0 to approve
the specifications and authorize the receipt of bids
for the 5 -gang reel mower for the Parks and Recreation
Department, in accordance with the city staff's recom-
mendation, as stated. The motion carried.
11
ALLEN CITY COUNCIL
March 21, 1985
Page 11
IN
Authorize the Issuance of
Ballots for April 6, 1985
City Council Election (Agenda Item XI)
City Secretary Marty Hendrix advised the City Council that
in accordance with the requirements of the Texas Election Laws,
Article 6.09(a) and (b), the issuance of the ballots for the
subject election is to be "entered of record by the clerk in
the minutes of the City Council", indicating the number of ballots
delivered for use in absentee voting and the range of serial
numbers on those ballots and on the ballots delivered for use
at the regular polling place on election day.
Ms. Hendrix advised that the ballots would be issued as
follows:
Polling Place Serial Numbers
Absentee - City Hall 001 - 100
Regular - Rountree 101 - 1800
Elementary School
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman Wolfe, the Council voted 6 - 0
to approve the issuance of ballots for the April 6,
1985 City Council Election in accordance with the
city staff's recommendation, as stated. The motion
carried.
At this time let this record also reflect that the number
of ballots obtained for the Allen City Council Election on
April 6, 1985 meets and exceeds the requirements as set forth
in Article 6.09, paragraph (a), of the Texas Election Laws,
which sets forth the following formula for the minimum number
of ballots required for an election:
Number of Votes Cast in Last Corresponding
Election (April 7, 1984 City Council Election) 431
Divided by: Number of Registered Voters in 4,545
the Last Corresponding Election
Equals: Percentage of Voters Who Votes in = 98
the Last Corresponding Election
Number of Registered Voters for April 6, 1985 5,725
City Council Election x
Multiplied by: Percentage of Voters Who Voted .09
in the Last Corresponding Election
Equals: Number of Ballots = 515
X
Then Take 258 of Number of Ballots .25
Equals: Additional Ballots Needed = 129
Add the Two Together: +515
Total Minimum Number of Ballots Needed 644
for Election
IN
ALLEN CITY COUNCIL
March 21, 1985
Page 12
City Manager Jon McCarty advised the Council of the pro-
posed resolution opposing any rate increase by Southwestern
Bell Telephone Company until significant improvements are
made in the telephone equipment serving the City of Allen.
Mr. McCarty advised that the Council -appointed telephone
committee, consisting of Mayor Rodenbaugh, Councilman Wolfe
and Councilman Womack, had not had an opportunity to review
the proposed resolution, however, they had directed that
the resolution be prepared.
Mr. McCarty advised the Council that Councilman Jim Wolfe
will be appointed by the Texas Municipal League to serve on
the steering committee that will be working on the defense
for the rate increase being requested by Southwestern Bell
Telephone Company. He explained that with this action, the
city will have a higher level of participation and visibility
in this upcoming rate increase request.
Mayor Rodenbaugh advised that after the telephone com-
mittee had reviewed the request for a rate increase by
Southwestern Bell, they had voted unanimously to come forward
with the recommendation for the proposed resolution that was
presented to the Council.
Councilman Wolfe pointed out that the committee felt all
three actions were necessary, those being joining the Texas
Municipal League in opposing this rate increase, having a
representative on the steering committee of TML, and adoption
of the proposed resolution in opposition to the rate increase
until the city has received the up-to-date equipment that is
needed.
MOTION: Upon a motion made by Mayor Pro Tem and seconded by
Councilman Paxton, the Council voted 6 - 0 to approve
and adopt Resolution No. 596-3-85(R), as captioned
previously. The motion carried.
Update on Removal and Reinternment
of Gravesite Along F.M. 2170 (Agenda Item XIII -A)
Bill Petty, Director of Community Development, spoke before
the Council on a unique situation existing on a tract of land
located at the northwest corner of the intersection of F.M. 2170
and Allen Heights Drive. Mr. Petty advised that this area is
located in Planned Development No. 1 and is zoned for retail
use. The property is now owned by Allen Plaza Joint Venture,
who wishes to develop this area.
Mr. Petty stated that the unique situation existing on this
property is that a grave site from the turn of the century,
consisting of what is believed to be two infant children, is
located on this property and immediately adjacent to the state
right-of-way of F.M. 2170. He further advised that when this
property is platted, the city will require an additional 10 feet
of right-of-way for future widening of F.M. 2170, therefore,
-I9
Resolution No. 596-3-85(R): A
Resolution of the City Council
of the City of Allen, Collin
County, Texas, Opposing Any
Rate Increase by Southwestern
Bell Telephone Company Until
Such Time That Significant
Improvements are Made in the
Telephone Equipment Serving
the City of Allen and Requesting
That the Texas Public Utilities
Commission Defer Any Such
Consideration of a Rate Increase
Until Such Improvements Have
Been Completed (Agenda Item XII)
City Manager Jon McCarty advised the Council of the pro-
posed resolution opposing any rate increase by Southwestern
Bell Telephone Company until significant improvements are
made in the telephone equipment serving the City of Allen.
Mr. McCarty advised that the Council -appointed telephone
committee, consisting of Mayor Rodenbaugh, Councilman Wolfe
and Councilman Womack, had not had an opportunity to review
the proposed resolution, however, they had directed that
the resolution be prepared.
Mr. McCarty advised the Council that Councilman Jim Wolfe
will be appointed by the Texas Municipal League to serve on
the steering committee that will be working on the defense
for the rate increase being requested by Southwestern Bell
Telephone Company. He explained that with this action, the
city will have a higher level of participation and visibility
in this upcoming rate increase request.
Mayor Rodenbaugh advised that after the telephone com-
mittee had reviewed the request for a rate increase by
Southwestern Bell, they had voted unanimously to come forward
with the recommendation for the proposed resolution that was
presented to the Council.
Councilman Wolfe pointed out that the committee felt all
three actions were necessary, those being joining the Texas
Municipal League in opposing this rate increase, having a
representative on the steering committee of TML, and adoption
of the proposed resolution in opposition to the rate increase
until the city has received the up-to-date equipment that is
needed.
MOTION: Upon a motion made by Mayor Pro Tem and seconded by
Councilman Paxton, the Council voted 6 - 0 to approve
and adopt Resolution No. 596-3-85(R), as captioned
previously. The motion carried.
Update on Removal and Reinternment
of Gravesite Along F.M. 2170 (Agenda Item XIII -A)
Bill Petty, Director of Community Development, spoke before
the Council on a unique situation existing on a tract of land
located at the northwest corner of the intersection of F.M. 2170
and Allen Heights Drive. Mr. Petty advised that this area is
located in Planned Development No. 1 and is zoned for retail
use. The property is now owned by Allen Plaza Joint Venture,
who wishes to develop this area.
Mr. Petty stated that the unique situation existing on this
property is that a grave site from the turn of the century,
consisting of what is believed to be two infant children, is
located on this property and immediately adjacent to the state
right-of-way of F.M. 2170. He further advised that when this
property is platted, the city will require an additional 10 feet
of right-of-way for future widening of F.M. 2170, therefore,
-I9
ALLEN CITY COUNCIL
March 21, 1985
Page 13
on
Update on Removal and
Reinternment of Gravesite
Along F.M. 2170 (Agenda Item XIII -A)
the grave sites would then be totally within the right-of-way
and would be the responsibility of the city or the state.
Mr. Petty explained that Mr. Sam Beasley, representing
the property owners, was present at this meeting and explained
of his previous conversations with Mr. Beasley regarding this
matter and the work that Mr. Beasley had done to found out about
the history of the grave site, the legal proceedings of having
received a court order to move the graves to Turrentine, Jackson
and Morrow Cemetery and placed in the baby land with appropriate
new markers.
Using a site plan, Mr. Petty reviewed the location of the
grave site and then advised of some additional work that had
been done by other interested parties that has now produced
information showing that there may be some additional graves
at this site amounting to perhaps three additional graves, thus
making the total of five grave sites to be relocated.
Mr. Petty reviewed the location of F.M. 2170 and explained
the construction that would have to be done to widen F.M. 2170
and how all of that will affect the grave sites. He also
pointed out the two areas, based on the field notes from the
original deeds and the notes from a survey, of where the graves
might be located.
Councilman Womack advised the Council of the concern he
had for this area several years ago and the work he had done
in the title search of the property. He went over the various
property owners of this land and explained that originally
the grave site had been reserved, however, that had disappeared
over the years as the land changed hands. Councilman Womack
also added that he was familiar with the area and the markers
had disappeared and been moved since several years ago. He
added he felt every effort should be made to locate the graves
and that they be moved in a professional manner and with dignity.
The Council discussed who legally owned the grave site area
when it had been reserved and how that ownership had disappeared
over the years with the transfer of the property.
Mr. Petty then explained the various options to be considered
in this situation, that is, finding the exact location of the
grave sites and having them moved with dignity to an appropriate
cemetery with new markers and by instrument from the courts, or
they can be left at this location and the area marked off and
kept maintained.
Mr. Petty discussed with Mr. Beasley if he would be agreeable
to moving the graves if there were five involved and he indicated
that he would.
By consensus, the Council directed city staff to work with
Mr. Beasley in determining the exact location of the graves and
the number involved, and having them moved with dignity and
placed in an appropriate cemetery with new markers.
This item was received as a matter of information. There
was no action taken on this item.
on
ALLEN CITY COUNCIL
March 21, 1985
Page 14
Marty Hendrix, City Secretary
fIC
Collin County Public
Officials Association Meeting (Agenda Item XIII -B)
City Manager Jon McCarty advised the Council of the upcoming
meeting of the Collin County Public Officials Association meeting
to be held on Thursday, March 28, 1985, at the Cafe Ritz in
McKinney. He requested that the Council Members notify him
if they were interested in attending.
This item was received as a matter of information. There
was no action taken on this item.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Wolfe, the Council voted 6 - 0 to
adjourn the regular session of the Allen City Council
into Executive Session at 10:41 p.m. on Thursday,
March 21, 1985. The motion carried.
Executive Session (Agenda Item XIV)
In accordance with Article 6252-17, V.A.T.C.S. (Open
Meetings Law), Sections 2(f) and 2(g), the Allen City Council
convened into Executive Session at 10:45 p.m. on Thursday,
March 21, 1985, in the Conference Room of the Allen Municipal
Annex, One Butler Circle, Allen, Texas, in order to discuss
matters pertaining to right-of-way purchase on the Main Street
project and personnel merit reviews.
The Executive Session was adjourned at 11:15 p.m.
Reconvene into
Regular Session (Agenda Item XV)
(
The Allen City Council reconvened into regular session
at 11:18 p.m. on Thursday, March 21, 1985, in the Council
Chambers of the Allen Municipal Annex, One Butler Circle,
Allen, Texas.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0
to adjourn the regular session of the Allen City
Council at 11:20 p.m, on Thursday, March 21, 1985.
The motion carried.
These minutes approved on the 4th day of April
1985.
Marty Hendrix, City Secretary
fIC