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Min - City Council - 1985 - 06/06 - RegularALLEN CITY COUNCIL REGULAR SESSION June 6, 1985 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Jim Wolfe Jim Pendleton Gary Koch City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary At 6:30 p.m. on Thursday, June 6, 1985, in the open -space office area of the Allen Municipal Annex, One Butler Circle, Allen, Texas, the City Council held an informal reception for prospective members to the city's boards and commissions and present members of the city's boards and commissions due to upcoming appointments on the city's boards and commissions. The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:34 p.m, on Thursday, June 6, 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 Councilman Pendleton and seconded by Councilman Koch, 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 May 16, 1985 - Regular Session. B. Authorization to city staff to pay bills associated with the 1979 - 1984 Capital Improve- ment Program as follows: Gohmann of Texas $ 2,831.76 Contract for Street Overlay Program - Invoices No. 7118 & �e 7193 for asphalt - May, 1985 C. Ordinance No. 612-6-85: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 100.171 Acres Located in the Francis Dosser Survey, Abstract No. 280, 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 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 Sever- ability Clause; and Providing for the Effective Date of Said Ordinance. ��z ALLEN CITY COUNCIL June 6, 1985 Page 2 Ordinance No. 613-6-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81 as Previously Amended, so as to Change the Following - Described Tract of Land from "AO" (Agricultural -Open Space) Classification to Establish Permanent Zoning To -Wit: "FP -PD No. 32" (Flood Plain - Planned Development No. 32), Said Tract of Land Being Described as Follows: Approximately 133.2 Acres of Land Lying in the J. H. Driggers Survey, Abstract No. 274, the Shadrick Jackson Survey, Abstract No. 489, and the D. M. Tucker Survey, Abstract No. 914, Collin County, Texas, Providing for Land Use Plan; Providing for Use Regulations; Providing for a Penalty of Fine Not to Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing on a Request for Permanent Zoning to FP -PD (Flood Plain - Planned Development) on 133.2 Acres of Land Located South of State Highway 121 and East of F.M. 2478 and Consider an Ordinance Adopting Permanent Zoning of FP -PD." Dennis McDaniel, President of Austin Fairchild Corporation, spoke before the Council on behalf of this request for permanent zoning of FP -PD on 133.2 acres presently zoned AO (Agriculture - Open Space) located in the J. J. Driggers Survey, Abstract No. 274, the Shadrick Jackson Survey, Abstract No. 489, and the D. M. Tucker Survey, Abstract No. 914, Collin County. Mr. McDaniel advised the Council of the reasoning for the zoning request, advised of the work with the Planning and Zoning Commission on this request and their recommendation, and how this request compares to the Comprehensive Plan of the city. Greg Boyd, with Jones & Boyd, engineers representing Austin Fairchild, presented to the Council the proposed permanent zoning change request. CONSENT AGENDA (cont'd) (Agenda Item II) The motion carried. End of Consent Agenda Public Hearing: Request for Permanent Zoning on 133.2 Acres to FP -PD (Flood Plain - Planned Development) Location: South of State Highway 121 and East of F.M. 2478 Requestor: Austin Fairchild Corp. (Agenda Item III) and Ordinance No. 613-6-85: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81 as Previously Amended, so as to Change the Following - Described Tract of Land from "AO" (Agricultural -Open Space) Classification to Establish Permanent Zoning To -Wit: "FP -PD No. 32" (Flood Plain - Planned Development No. 32), Said Tract of Land Being Described as Follows: Approximately 133.2 Acres of Land Lying in the J. H. Driggers Survey, Abstract No. 274, the Shadrick Jackson Survey, Abstract No. 489, and the D. M. Tucker Survey, Abstract No. 914, Collin County, Texas, Providing for Land Use Plan; Providing for Use Regulations; Providing for a Penalty of Fine Not to Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing on a Request for Permanent Zoning to FP -PD (Flood Plain - Planned Development) on 133.2 Acres of Land Located South of State Highway 121 and East of F.M. 2478 and Consider an Ordinance Adopting Permanent Zoning of FP -PD." Dennis McDaniel, President of Austin Fairchild Corporation, spoke before the Council on behalf of this request for permanent zoning of FP -PD on 133.2 acres presently zoned AO (Agriculture - Open Space) located in the J. J. Driggers Survey, Abstract No. 274, the Shadrick Jackson Survey, Abstract No. 489, and the D. M. Tucker Survey, Abstract No. 914, Collin County. Mr. McDaniel advised the Council of the reasoning for the zoning request, advised of the work with the Planning and Zoning Commission on this request and their recommendation, and how this request compares to the Comprehensive Plan of the city. Greg Boyd, with Jones & Boyd, engineers representing Austin Fairchild, presented to the Council the proposed permanent zoning change request. ALLEN CITY COUNCIL June 6, 1985 Page 3 Public Hearing: Request for Permanent Zoning on 133.2 Acres to FP -PD and Ordinance No. 613-5-85: (cont'd) (Agenda Item III) Mr. Boyd distributed to the Council a cross-section showing the height of the proposed office buildings on the site and how the height of the buildings would appear from the ground elevations on the property. Using a zoning plan map, Mr. Boyd reviewed the proposed zoning of Flood Plain - Planned Development on the 133.2 acres, showing Site A on 20.5 acres designated PD -Office; Site B on 41.4 acres designated as PD -Office and Site C on 42.4 Acres designated as PD -Office, with 28.9 acres in the flood plain. Mr. Boyd then distributed large aerial photographs of the site to the Council and explained the roadway alignment for the interior streets in this development. Mayor Rodenbaugh opened the public hearing. John Boyle, Route 1, Allen, Texas, spoke before the Council regarding this request for permanent zoning on the height of the office buildings and pointed out to the Council statements made in previous meetings on the height of office buildings in that area, advised the Council that they should be concerned with the building heights on the property adjacent to this propertywhich is owned by Oklahoma Publishing Company, and pointed out to the Council the amount of property being requested for restaurant development in this district. With no one else wishing 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 May 9, 1985, recommended to the City Council approval of the request for permanent zoning with the amend- ment that the maximum height for the main buildings shall be limited to thirty-six (36) feet above the highest natural ground elevation of this planned development district or a maximum of five (5) stories, whichever is least. There was discussion with Mr. Boyd on the set -back of this development from State Highway 121 and if the set -back requirements for this planned development district were con- sistent with set -back requirements the city's maintains on U.S. 75. Jack Hatchell, with Barton Aschman Associates, Inc., traffic engineers representing Austin Fairchild, spoke before the Council on the traffic study that had been prepared for this property. Using the Land Use Map of the city's Comprehensive Plan, Mr. Hatchell pointed out the location of Ridgeview Drive and Bethany Road as they will tie in on this property. There was considerable discussion by the Council with Mr. Boyd on the allowable land use for the construction of restaurants in this district; adding the inclusion of high quality light industrial uses to the land use regulations; the construction of the six -lane bridge over Rowlett Creek and when the developer would be responsible for that construction; if the flood plain areawould be dedicated to the city and if the developer was aware of the study currently underway on the flood plains in the city; the definition of "beverages" in the land use regulations; and construction of the streets in the development. Bill Petty, Director of Community Development, spoke before the Council on the comments made by the Planning and Zoning Com- mission on the construction of the bridge and when it was to be accomplished. ALLEN CITY COUNCIL June 6, 1985 Page 9 Public Hearing: Request for Permanent Zoning on 133.2 Acres for FP -PD and Ordinance No. 613-6-85: (cont'd) (Agenda Item III) There was considerable discussion with city staff and the developers on the bridge construction and the land available for the restaurant sites, and adding the light industrial uses. Mr. Boyd advised the Council that the developer was amenable to adding the LI (Light Industrial) zoning use to the land use regulations. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 to approve the request for permanent zoning from AO (Agriculture - Open Space) to FP -PD (Flood Plain - Planned Development) in accordance with the Planning and Zoning Commission's recommendation, as stated; and with the following amendments: 1. On page 2 of 3 of the Land Use Regulations the following should be added under Section 2 "Use Regulations", a. "Permitted Uses": "Light Industrial (LI) Uses as found in Section 3.01(0) of the Comprehensive Zoning Ordinance." 2. On page 2 of 3 of the Land Use Regulations the Section (15) aa. should be changed to read: "The retail sale of food and beverages is per- mitted to the extent that there will be no more than three (3) free standing restaurant sites along State Highway 121 and no more than six (6) restaurants sites in the entire Planned Development district. Specifically prohibited are drive-in and drive-through restaurants." 3. On page 3 of 3 of the Land Use Regulations, the Section 7.b. should be changed to read: "At or before the time of the platting of .the first tract in the district, a. facilities agreement will be executed to require funds to be escrowed by the developer for construction of the 6 -lane bridge over Rowlett Creek according to the acreage platted as a per- centage of the total 133.2 acres in percentages up to 508, at which time the city will require the developer to build the bridge and/or escrow funds for the balance of the 508. The ultimate 6 -lane bridge will be built in its entirety by the developers without the City of Allen's participation. This facilities agreement will be filed as a convenant running with the land." and to adopt Ordinance No. 613-6-85, as captioned previously. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:97 p.m. The meeting reconvened at 9:02 p.m. u,_ ALLEN CITY COUNCIL June 6, 1985 Page 5 Authorize Issuance of Ballots for the June 22, 1985 Bond Election (Agenda Item IV) City Secretary Marty Hendrix advised the City Council that in accordance with requirements of the Texas Election Laws, Article 6.09(a) and (b), the issuance of the ballots for the city's bond 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 for those ballots and for 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 Womack, the Council voted 7 - 0 to authorize issuance of the ballots for the June 22, 1985 Bond Election as recommended by the City Secretary. The motion carried. Amending a Contract with Cottonwood Bend Joint Venture Concerning Con- struction of Jupiter, Bethany, and Chaparral Roads and IL Approve Bids (Agenda Item V) Bill Petty, Director of Community Development, provided the Council with some background information on the contract that had been entered into between the city and the Cottonwood Bend Joint Venture concerning the construction of Jupiter, Bethany, and Chaparral Roads by joint participation. Mr. Petty distributed to the Council copies of a map showing the Cottonwood Bend Subdivision and the subject roadways and which sections the city would be responsible for funding and which sections the Cottonwood Bend Joint Venture would be responsible for funding. Mr. Petty reviewed the map and advised the Council of the cost estimates that had been presented for the construction of those roadways when the city entered the contract with the Cottonwood Bend Joint Venture and prior to solicitation of bids on these projects. Mr. Petty then distributed to the Council copies of the original contract with the Cottonwood Bend Joint Venture that was executed by the city on April 15, 1985. Mr. Petty advised the Council that bids had been received on these projects from M. E. Hicks Utility Contractors, Inc., Mario Sinacola & Sons, J. C. Boney Construction Company, and Don A. Tipton, Inc., is the consulting engineer on these projects. ALLEN CITY COUNCIL June 6, 1985 Page 6 Amending a Contract with Cottonwood Bend Joint Venture Concerning Con- struction of Jupiter, Bethany, and Chaparral Roads and Approve Bids (cont'd) (Agenda Item V) Mr. Petty distributed to the Council copies of booklets containing the bids received, summary of the estimated roadway costs and the participation costs for the city and the Cotton- wood Bend Joint Venture. Mr. Petty reviewed portions of the booklet with the Council. Using a large engineering drawing of the portion of Bethany Road to be improved from State Highway 5 to Jupiter Road, Mr. Petty explained the construction to take place on this portion of the roadway and pointed out the fact that the bid on this work had come in at $319,169.16 which was considerably higher than the estimated cost of $184,974.00. Mr. Petty then reviewed the improvements to be made to Chaparral Road and advised of the difference in the estimated cost, being $13,865.94, and the bid prices of $146,881.07. In summary, Mr. Petty reviewed the page "D" of the bid information booklet and pointed out the increases in the costs for improvements to Jupiter Road, Bethany Road Offsite, and Chaparral Road, with the total bid price being $889,019.23. Mr. Petty advised the Council that this meant an increase in the city's participation of around $160,000. Mr. Petty advised the Council that the city staff had been working on how the city can come up with the additional money for these road improvements. Mr. Petty advised the Council that there was a possibility that additional funding could be obtained from the use of county bond funds that had been designated for other projects. In order to reappropriate those funds, the city would have to meet with the county regarding this matter. Mr. Petty advised the Council that the city staff was recommending the following: That the City Council approve the low bidders as proposed, being M. E. Hicks Utility Contractors, Inc.; Mario Sinacola & Sons; and J. C. Boney Construction Company; That the City Council allow the City Manager to enter into the contract, after discussing the potential of the flexibility of the funding with the county, with the understanding and stipulation that if that flexibility is not there for some reason, or that funding is not there, that the city would eliminate its participation in the improvements to Chaparral Road at this time; That the contract be amended to include the new attachments of "Exhibit 1-A", "Exhibit 2-A", "Exhibit 3-A", and "Exhibit 4-A", dated May 18, 1985, as distributed to the Council; That the City Council authorize the City Manager to approve 108 of the contingencies of this total contract price. ALLEN CITY COUNCIL June 6, 1985 Page 7 Amending a Contract with Cottonwood Bend Joint Venture Concerning Con- struction of Jupiter, Bethany, and Chaparral Roads and Approve Bids (cont'd) (Agenda Item v) The Council discussed with city staff the funds that had been escrowed for improvements to Bethany Road, and if there was any other property along Bethany Road that would be assessed for additional funds for this improvement; that if Chaparral Road was eliminated there would still be a shortage of funds and where would the additional funds still come from; and what the 108 contingency figure represented in a dollar amount of the contract, and where would those funds be obtained. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Koch, the Council voted 7 - 0 to approve the following: 1. The low bidders, being M. E. Hicks Utility Contractors, Inc., Mario Sinacola & Sons, and J. C. Boney Construction Company; 2. To allow the City Manager to enter into the contract, after discussing the potential of the flexibility of the funding with the county, with the understanding and stipulation that if that flexibility is not there or the funding is not there, that the city will eliminate its participation in the improvements in Chaparral Road at this time; 3. That the contract be amended to include the new attachments of "Exhibits 1-A, 2-A, 3-A and 4-A" dated May 18, 1985; 4. To authorize the City Manager the ability to approve 108 of the contingencies of the total contract price, in accordance with the recommendation of the city staff, as stated. The motion carried. Report from the Planning and Zoning Commission Regarding Evaluation of Specific Use Permit Request for Gasoline Service (Agenda Item VI) Bill Petty, Director of Community Development, reminded the Council that they had requested that the Planning and Zoning Commission review the procedures regarding the place- ment of gasoline service facilities at major thoroughfares in the city. Mr. Petty then read the recommendations of the Planning and Zoning Commission, from their regular meeting held on May 23, 1985, into the record. Those recommendations being: Service stations or gasoline sales are allowed by right in only the GB and PD zoning districts. After extensive review of Section 2.06 Specific Use Permits, in the Comprehensive Zoning Ordinance, the Commission expressed that the current process is adequate to determine locations for these uses. The Commission expressed that they in the future need to pay closer attention to design and layout primarily for safety reasons such parking, unloading of gasoline from tankers, etc. IM ALLEN CITY COUNCIL June 6, 1985 Page 8 Report from the Planning and Zoning Commission Regarding Evaluation of Specific Use Permit Request for Gasoline Service (continued) (Agenda Item VI) This item was received as a matter of information. There was no action taken on this item. Approve Fiscal Year 1985 - 1986 Budget Calendar (Agenda Item VII) City Manager Jon McCarty presented the budget calendar for the 1985 - 86 Fiscal Year budget preparation process to the City Council and pointed out specifically the dates for the July 9th Budget Workshop by the Council and the budget retreat to be held on August 9th, 10th, and 11th. MOTION: Upon a motion made by Councilman Koch and seconded by Councilman Wolfe, the Council voted 7 - 0 to approve the 1985 - 86 Fiscal Year Budget Calendar as presented. The motion carried. Rowlett Creek Sanitary Sewer Easement Update (Agenda Item VIII -A) City Manager Jon McCarty advised the Council of the proposed construction of a sewer line along the Rowlett Creek corridor and the work by Utal Development and the Willard Baker Company to obtain the necessary easements for that sewer line. Mr. McCarty stated that there were some additional updates that had occurred since the status reports submitted in the Council's agenda packet and he would ask that Mr. Steve Kanoff, with Utal Develop- ment, provide the status report to the Council. At this time, Mr. Steve Kanoff, with Utal Development, spoke before the Council on the current status of obtaining the voluntary easements for the sewer line from property owners in the subject area. The status report was contained in a letter written to the Mayor and dated June 5, 1985, copies of which were provided to the City Council. Mr. Kanoff advised the Council that the engineering drawings of the line had been prepared and approved, that they were ready to go out on bids on the project, and that the only area which needed to be finalized was the easements for the sewer line. Mr. Kanoff pointed out the property owners that were not amenable to giving a voluntary sewer easement at this time and requested that the city get involved in this process and help to obtain those easements. In conclusion, Mr. Kanoff advised that they respectfully requested that the City Council consider,at their June 20th meeting, adopting the facilities agreement for the subject sanitary sewer line and commence the acquisition of the hold- out properties that Mr. Kanoff had indicated at this meeting. City Manager McCarty clarified a statement made in Mr. Kanoff's letter regarding the meeting of May 9, 1985 wherein all of the property owners or their representatives were in attendance and Mr. McCarty had advised them of the going forward with the facilities agreement and that the city staff would recommend to the City Council that the city intervene in obtaining the sewer easements, if they could not be obtained in a voluntary manner. mn ALLEN CITY COUNCIL June 6, 1985 Page 9 Rowlett Creek Sanitary Sewer Easement Update (cont'd) (Agenda Item VIII -A) Bob Harper, with Willard Baker Company, also spoke before the Council on the number of hours that have been spent to date on this project and trying to obtain the voluntary easements and the need for the city to intervene at this time to obtain the hold-out properties. The Council discussed with Mr. Kanoff a portion of the letter where conversations with Mrs. McDermott or her repre- sentatives had been left out; an acknowledgement from Mr. Kanoff that the city had not as of this date made a commitment to proceed with condemnation of the remaining properties; the need for a city staff recommendation before the city would intervene in this process; the need for the city staff to check into this matter to verify that all means have been used to voluntary obtain the needed easements and that this is a very sensitive matter which needs to be thoroughly thought out. In further discussion, it was concluded that the City Manager would make some contacts on his own with the property owners that had not agreed to the voluntary easements to see what progress can be made and bring forth a recommendation to the City Council at the June 20th meeting. This item was received as a matter of information. There was no action taken on this item. Appointments to Boards and Commissions (Agenda Item VIII -B) City Secretary Marty Hendrix advised the Council that the Council's boards and commissions notebooks had been distributed with information for their upcoming appointments to be made on June 20th to places on the Planning and Zoning Commission, the Parks and Recreation Board, and the Library Board. Ms. Hendrix also advised that changes had been made to the data sheet and information sheet for the Planning and Zoning Commission based upon discussions by the Council at their meeting of May 16th. Ms. Hendrix also advised the Council that there had been a good attendance at the reception held before the Council meeting and that Jack Pennington had requested to be considered for reappointment to the Planning and Zoning Commission and that David Medina had requested that his first priority for appointment would be to the Planning and Zoning Commission. The Council discussed the changes made to the data sheet and the information sheet and requested that an "average of 6 to 8 hours" be placed on the sheet to indicate the number of hours the members might work on the Planning and Zoning Commission. The Council also discussed variations v to be considered between the various boards and commissions and whether all requirements needed to be consistent for all of the city's boards and commissions. The Council requested that the requirement of being "an owner of real property" for a qualification for the Board of Adjustment be checked into as to why it is a requirement. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL June 6, 1985 Page 10 North Central Texas Council of Governments General Assembly (Agenda Item VIII -C) City Manager Jon McCarty advised the Council of the upcoming Eighth Annual Workshop for Mayors and Councilmembers to be held by the North Central Texas Council of Governments on Friday, June 14, 1985, in Arlington, and asked if any of the Council Members planned to attend. Councilman Jim Pendleton advised that he had planned to attend that workshop. This item was received as a matter of information. There was no action taken on this item. Executive Session (Agenda Item IX) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council into Executive Session at 10:24 p.m.. In accordance with Article 6252-17, V.A.T.C.S (Open Meetings Law), Section 2(g), the Allen City Council convened into Executive Session to discuss matters pertaining to personnel. The Executive Session was adjourned at 10:55 p.m. Consider Personnel Items Related to the Police Department and to (Agenda Items X -A the Fire Department and X -B) City Manager Jon McCarty advised the Council that the city staff was requesting that the City Council authorize the city staff to proceed with the personnel changes and additional authorizations that were referred to in the Executive Session for the Police Department and the Fire Department, and to bring back for the City Council's con- sideration any budget amendments that might be necessary to put those into effect. These minutes approved on the �0 day of 1985. Ay !'�� � . �. ..= •• Marty Hen ri , CITYHen , CI CR k0 MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to authorize the city staff to proceed with the personnel changes and additional authorizations that were referred to in the Executive Session for the Police Department and the Fire Department, and to direct the city staff to bring back for the City Council's consideration any budget amendments that might be necessary to put those into effect, in accordance with the city staff's recommendation, as stated. The motion carried. Adjournment MOTION: Upon a motion made by Councilman Koch and seconded by Councilman Wolfe, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 11: 05 p.m. on Thursday, June 6, 1985. The motion carried. These minutes approved on the �0 day of 1985. Ay !'�� � . �. ..= •• Marty Hen ri , CITYHen , CI CR k0