Min - City Council - 1985 - 08/15 - RegularALLEN CITY COUNCIL
REGULAR SESSION
August 15, 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
The regular session of the Allen City Council was called
to order by Mayor Rodenbaugh at 6:30 p.m. on Thursday, August 15,
1985, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
A. Approval of City Council Minutes of August 1, 1985 -
Regular Session
B. Authorization to city staff to pay bills associated
with the 1979 - 82 Capital Improvement Program as
follows:
1. Gohmann of Texas $14,911.26
Contract for Street Overlay
Program - Invoices 7553, 7718,
7729, 7705, 7689, 7681, 7642,
7656, 7622, 7595, 7608, 7631,
7779, 7755, 7741 - dated July,
1985, for asphalt
III
Mayor Rodenbaugh adjourned the regular session of the
Allen City Council into Executive Session at 6:31 p.m.
Executive Session (Agenda Item II)
In accordance with Article 6252-17, V.A.T.C.S. (Open
Meetings Law), Section 2(e), the Allen City Council convened
into Executive Session at 6:32 p.m. on Thursday, August 15,
1985, in the Conference Room of the Allen Municipal Annex,
One Butler Circle, Allen, Texas, in order to discuss matters
of a legal nature with the City Attorney.
The Executive Session was adjourned at 8:10 p.m.
Regular Session
The Allen City Council reconvened into regular session
at 8:13 p.m. on Thursday, August 15, 1985, in the Council
Chambers of the Allen Municipal Annex, One Butler Circle,
Allen, Texas.
CONSENT AGENDA (Agenda Item III)
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 recom-
mended and as follows:
A. Approval of City Council Minutes of August 1, 1985 -
Regular Session
B. Authorization to city staff to pay bills associated
with the 1979 - 82 Capital Improvement Program as
follows:
1. Gohmann of Texas $14,911.26
Contract for Street Overlay
Program - Invoices 7553, 7718,
7729, 7705, 7689, 7681, 7642,
7656, 7622, 7595, 7608, 7631,
7779, 7755, 7741 - dated July,
1985, for asphalt
III
ALLEN CITY COUNCIL
August 15, 1985
Page 2
I.
CONSENT AGENDA (cont'd) (Agenda Item III)
2. Graham Associates, Inc. $ 2,480.00
Contract for Construction
to Main Street - Phase I -
Engineering Design thru
July 23, 1985
3. Graham Associates, Inc. $ 450.00
Contract for Street
Resurfacing Program -
Engineering Services for
Preparation of Contract
Documents - January 22, 1985
4. Metro Stone Company $ 29.93
Contract for Street
Resurfacing Program -
15.75 tons of rock -
August 1, 1985
C. Schedule of Taxes Receivable as of July 21, 1985.
D. Set September 5, 1985, as Public Hearing Date on
a Request to Zone Approximately 21 Acres of Land
from AO (Agriculture - Open Space) to Flood Plain -
Office and Flood Plain - Shopping Center on Property
Located at the Southeast Corner of F.M. 2170 and
State Highway 5, as requested by Cambridge Company.
E. Authorization to Execute an Agreement Allowing the
City of Plano to Serve Water to Residents Within
the City of Allen Extraterritorial Jurisdiction -
Charles W. Fitzgerald and Gloria Beduhn, located
on Hedgecoxe Road near Custer Road.
The motion carried.
End of Consent Agenda
Request to Appear: Linda Schenck
Representing the Downtown
Revitalization Committee (Agenda Item IV)
Art Clifton, representing the Downtown Revitalization
Committee, spoke before the Council on the proposed construction
to Main Street and the willingness of the downtown merchants
to work with the city during the construction in order to
provide adequate parking for customers to the downtown businesses
and in order to provide signage directing the traffic.
Bill Petty, Director of Community Development, spoke
before the Council on the comments made by the Sign Control
Board regarding the allowable types of signs that can be
used during this construction phase and their willingness
to work with the downtown merchants.
This item was received as a matter of information. There
was no action taken on this item.
I.
ALLEN CITY COUNCIL
August 15, 1985
Page 3
Public Hearing:
Request to Rezone
60+ Acres of Land
Zoning:
from PD No. 2 and
PD No. 12 to FP -
PD
Location:
South of F.M. 2170,
East of Hillside
Lane and West of
Allen Heights Road
Requester:
Carnes Development (Agenda Item V)
and
Ordinance No. 625-8-85: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Planned Development
Zoning Ordinance No. 367-10-81 and
Planned Development Zoning Ordinance
No. 458-9-83 of the City of Allen,
as Heretofore Amended, so as to
Change a 60+ Acre Tract of Land Out
of the John Davis Survey, Abstract
No. 225, and the J. A. Taylor Survey,
Abstract No. 908, Collin County, Texas,
from the Current Zoning District
Classifications of Planned Development
No. 2 and Planned Development No. 12,
Respectively, to Flood Plain - Planned
Development No. 33; Providing for a
Land Use Plan; Providing for Land Use
Regulations as Established in PD No. 12;
Providing for a Preliminary Site Plan;
Providing for a Concept Plan for Land-
scape Development on Mustang Branch;
Providing for a Landscape Plan; 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.
191
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request to Rezone an Approx-
imate 60 Acre Tract of Land From Planned Development No. 2
and Planned Development No. 12 to Flood Plain - Planned
Development, Located South of F.M. 2170, East of Hillside
Lane and West of Allen Heights Road and Consider an
Ordinance Zoning this Approximate 60 Acre Tract to Flood
Plain Planned Development No. 33."
J. T. Dunkin, representing Carnes Development Company,
spoke before the Council on behalf of this request for a
zoning change.
Using a zoning map, Mr. Dunkin reviewed the existing
zoning on the property which consisted of Planned Development
No. 2 and Planned Development No. 12. The zoning uses in
those districts were shopping center, townhouse, multi -family,
dwellings, and office.
400,
residential R-5 homes, two-family
Mr. Dunkin then presented the requested zoning change
to Flood Plain - Planned Development, which included zoning
uses of shopping center, office,multi-family and patio homes.
Mr. Dunkin pointed out that in Tract D they were also requesting
uses for a convenience store and gasoline pump islands as a
part of the planned development.
191
ALLEN CITY COUNCIL
August 15, 1985 Page 4
Public Hearing: Request to Rezone
60+ Acres from
PD No. 2 and PD No. 12
to FP -PD
Requestor: Carnes Development
and
Ordinance No. 625-8-85 (cont'd) (Agenda Item V)
Mr. Dunkin reviewed the location of the flood plain area,
being 4.5 acres, and advised that the developer would be
retaining the land as an open space area for the multi -family
development. Mr. Dunkin then reviewed the summary of uses
contained in the planned development.
Mr. Dunkin presented the preliminary site plan for the
subject property, advised of the proposed landscaping on
the property and reviewed the ingress/egress to the site.
Mr. Dunkin presented the landscape development concept plan
for the Mustang Branch and reviewed it with the Council and
then presented the landscape plan for the portion of the
property that fronts along Allen Heights Drive.
Mr. Dunkin then referenced the recommendations of the
Planning and Zoning Commission. The Planning and Zoning
Commission, at their regular meeting held on June 27, 1985,
recommended to the City Council approval of the rezoning
request on the 60+ acres of land with the following amend-
ments:
1. Tract G must provide rear entry garages.
2. The Garden Office District at the corner of
Hillside Lane and F.M. 2170 should be limited
to two stories maximum height.
3. Reclamation of the flood plain should include
language stating that the engineering proposal be
carried through proper procedures as outlined
by FEMA standards with approval by the engineering
representatives of the City.
4. Proper screening to be required along Hillside
Lane behind Tract G and along Allen Heights
Drive where homes back up to the thoroughfare.
5. The developer's portion of Allen Heights Drive
should be completed to Hillside Lane before
any Certificate of Occupancy is issued for
structures in any tract within this request.
Mr. Dunkin advised that Carnes Development concurred
in the above amendments, except for the wording in item 5.
Mr. Dunkin explained that Mr. Carnes had a written agreement
with the adjoining property owner (Mr. Don Bass) which can
be initiated by either person to cause the paving of Allen
Heights along the Carnes' property line. Mr. Dunkin advised
that Mr. Carnes intends to pursue the paving of Allen Heights,
but requests that the approval of the zoning not tie occupancy
to the paving of the thoroughfare and construction on property
nctwithin his ownership.
Mayor Rodenbaugh opened the public hearing. No one appeared
to speak either for or against this rezoning request. Mayor
Rodenbaugh closed the public hearing.
1%
ALLEN CITY COUNCIL
August 15, 1985 Page 5
Public Hearing: Request to Rezone
60± Acres from
PD No. 2 and PD
No. 12 to FP -PD
Requestor: Carnes Development
and
Ordinance No. 625-8-85 (cont'd) (Agenda Item V)
The Council discussed with Mr. Dunkin a clarification on
the permitted uses in this planned development, the location
of the convenience store with gasoline pump island, the
portion of his presentation regarding the paving of Allen
Heights Road and the portion that is not owned by Carnes
Development, the location of the cul-de-sac streets and if
they run directly into the alleyway, the type of screening
behind the retail shopping center, the developer retaining
the floodway areas and being responsible for the maintenance
of that area, why a site plan wasn't prepared for Tract F to
see the layout of the 200 units of multi -family on the 12
acres, and the need to resolve the issue regarding the paving
of Allen Heights to provide continuous access from Hillside
Lane to the end of the existing pavement of Allen Heights
Drive.
Bill Petty, Director of Community Development, spoke
before the Council on the issue of paving Allen Heights
Drive and what the city had been requiring in the past
regarding this type of situation.
There was considerable discussion among the City Council,
city staff, Mr. Dunkin, and Mr. Carnes on the recommendation
of the Planning and Zoning Commission regarding the with-
holding of Certificates of Occupancy until the roadway is
in on Allen Heights, Mr. Carnes' agreement with Mr. Bass
on the development of the roadway and the assurance that the
roadway will be constructed, and the use of a facilities agree-
ment to insure that the roadway is constructed.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman McClure, the Council voted 7 - 0 to
approve the request for rezoning of the 60± acres
of land from PD No. 2 and PD No. 12 to FP -PD No. 33,
in accordance with the recommendations stated as
items 1 through 4 of the Planning and Zoning Commission;
that a facilities agreement be entered into by the
City of Allen and the developer prior to the platting
of the property, which would be a covenant running with
the land, which would specify the construction of the
portion of Allen Heights Drive from the present termination
point to Hillside Lane; and to adopt Ordinance No.
625-8-85, as captioned previously. The motion carried.
Mayor Rodenbaugh recessed the regular session of the Allen
City Council at 10:00 p.m. The regular session of the Allen
City Council reconvened at 10:12 p.m.
Ordinance No 626-8-85: An
Ordinance By the City Council
City of Allen, Collin County,
Texas, Certifying and Approving
the 1985 Tax Roll as Approved
by the Collin County Appraisal
Review Board (Agenda Item VI -A)
and
Set September 10, 1985 as
the Public Hearing Date for
a Proposed Tax Rate Increase (Agenda Item VI -B)
ALLEN CITY COUNCIL
August 15, 1985
Page 6
Ordinance No. 626-8-85 (cont'd) (Agenda Item VI -A)
and
Set September 10, 1985 as the
Public Hearing Date for a Pro-
posed Tax Rate Increase (cont'd) (Agenda Item VI -B)
Mayor Rodenbaugh advised that through discussions held at
the budget workshop and hours of review and work by the city
staff and City Council, the city was proposing to stay at the
42.50 per $100 valuation tax rate to fund the Fiscal Year 1985
86 Budget as proposed.
City Manager Jon McCarty distributed to the Council some
information prepared showing various residences in the city,
their 1984 taxable value, their 1984 taxes paid, their 1985
taxable value, and their 1985 proposed taxes. Mr. McCarty
reviewed that information with the Council.
Mr. McCarty also reviewed the notice to be placed in the
newpaper on the calculation of the effective tax rate, the
notice on the public hearing on the proposed tax rate, and
a notice to the homeowners regarding the interpretation of
the tax rate to their property.
Mr. McCarty advised that the proposed budget had been
prepared with a 44.51 tax rate, but revisions had been made
to stay within the 42.50 tax rate. Mr. McCarty also advised
that the publication of the calculation of the effective tax
rate would be republished based upon the revisions that had
been made.
Mr. McCarty advised that it was the city staff's recom-
mendation that the City Council set Tuesday, September 10,
1985, at 7:30 p.m., as the public hearing date on the tax
rate, that the City Council direct city staff to publish
the appropriate notice for that public hearing; that the
City Council direct city staff to republish the calculation
of the effective tax rate based upon the revisions; and that
the City Council approve the ordinance certifying and approving
the 1985 tax roll.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Koch, the Council voted 7 - 0 to adopt
Ordinance No. 626-8-85, as captioned previously; to
set Tuesday, September 10, 1985, at 7:30 p.m., in the
Council Chambers of the Allen Municipal Annex, as the
public hearing date on the proposed tax rate and to
direct city staff to publish appropriate notice of
public hearing; and to direct city staff to republish
the calculation of the effective tax rate, in
accordance with the city staff's recommendation, as
stated. The motion carried.
Review and Award of Bid on Ford
Park Swimming Pool and Athletic
Fields (Agenda Item VII)
Mark Thornton, Director of Parks & Recreation, spoke before
the Council on the solicitation of bids, receipt of bids, the
bid opening held on August 9, 1985 at 10:00 a.m., and the
bid tabulations for the construction of the Ford Park Swimming
Pool and Athletic Fields.
Mr. Thornton distributed to the Council copies of the bid
tabulation sheet, letters of reference on Hannah Construction
Company and the funds available for this project. Mr. Thornton
reviewed that information with the Council.
N4
ALLEN CITY COUNCIL
August 15, 1985 Page 7
Review and Award of Bid on Ford
Park Swimming Pool and Athletic
Fields (cont'd) (Agenda Item VII)
Mr. Thornton advised that it was the city staff's recom-
mendation that Alternate 2 for construction of the parking
lot be deleted. With the deletion of Alternate No. 2, the
bid results were as follows:
HANNAH CONSTRUCTION MISSION CONSTRUCTION
$685,000
$666,000
Base Bid 1
$ 90,800
$110,000
Base Bid 2
$370,000
$440,000
Base Bid 3
$ 10,000
$ 91900
Alt. No. 1
$ 49,000
$ 57,000
Alt. No. 3
$1,204,800
$1,282,900
Total
Mr. Thornton then reviewed the funding of this project with
bond monies and grant funds and advised that the city may have
to fund part of the cost with some of the funds from the 1985
Bond Program, if the grant funds are not made available from
the state.
Mr. Thornton advised that the city staff's recommendation
was to award the bid to the low bidder, being Hannah Construction,
in the amount of $1,204,800 for the construction of the Ford
Park Swimming Pool and Athletic Fields and to direct the city staff
to pursue the additional funds from the state in the form of
the grant.
The Council briefly discussed the funding of this project.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Womack, the Council voted 7 - 0 to
award the bid to the low bidder, being Hannah Con-
struction, in the amount of $1,204,800 for the con-
struction of the Ford Park Swimming Pool and Athletic
Fields and to direct the city staff to pursue the
additional funds from the state in the form of the
grant to fund a portion of this project, in accordance
with the recommendation of the city staff, as stated.
The motion carried.
Authorization of Landscape Design
for the Main Street Project Streetscape (Agenda Item VIII)
Mark Thornton, Director of Parks and Recreation, spoke
before the Council on the proposed agreement to be entered
into between the City of Allen and the SWA Group for the
landscape design for the Main Street Project Streetscape.
Using a large map of the proposed construction of Main Street,
Mr. Thornton reviewed the areas to be considered in the
streetscape. Mr. Thornton explained that the agreement
for the design is based upon the various phases of construction.
The total fee for design services is not to exceed $34,000, plus
$5,500 for electrical engineering, if needed.
Mayor Rodenbaugh advised that the subcommittee of the
Council for the Main Street Study met with city staff and
the SWA Group and was pleased with the results of their
proposal.
Mr. Thornton pointed out some of the work the SWA Group
had done in the Dallas area and advised that it was the city
staff's recommendation that the City Council authorize the
execution of the agreement with the SWA Group for the land-
scaping design services for the Main Street Project Streetscape.
199
ALLEN CITY COUNCIL
August 15, 1985
WSJ
Authorization of Landscape
Design for the Main Street
Project Streetscape (cont'd) (Agenda Item VIII)
The City Council discussed with city staff the definition
of "construction phase services" as referenced in the agreement
document.
MOTION: Upon a motion made by Councilman Koch and seconded by
Councilman Pendleton, the Council voted 7 - 0 to
authorize the execution of the agreement with the SWA
Group for the landscaping design services for the
Main Street Project Streetscape, in accordance with
the city staff's recommendation, as stated. The
motion carried.
Rowlett Creek Sewer Line
Construction Schedule (Agenda Item IX -A)
City Manager Jon McCarty reviewed with the Council a
letter that had been received from Bob Harper, with Willard R.
Baker Development Company, regarding the construction of the
ASAP sewer project and the proposed schedule for construction
of the line. Mr. Harper had pointed out in his letter the
importance of obtaining all of the easements for construction
of the line.
Mr. McCarty advised the Council of the notification from the
Cambridge Company on their easement and that the document was
being reviewed by the City Attorney and ASAP. before the city
accepted the easement.
The Council discussed with Mr. McCarty the status of
the remaining easements to be obtained on this project.
Mr. McCarty advised that the remaining easements that have
not been secured are with Mrs. Frances Williams, Mrs. Margaret
McDermott, and Mr. Richard James. Mr. A. V. Hamilton's easement
is pending execution of the easement document.
This item was received as a matter of information. There
was no action taken on this item.
Collin County Public
Officials Association (Agenda Item IX -B)
City Manager McCarty advised the Council of the upcoming
meeting of the Collin County Public Officials Association to
be held on Thursday, August 22, 1985, at the Holiday Inn in
McKinney, at 6:30 p.m. It was pointed out to the Council
that the public hearing on the city's budget was scheduled
for that evening. It was concluded by the Council that members
interested in attending could try to do so when the public
hearing was over.
This item was received as a matter of information. There
was no action taken on this item.
Items of Interest to the Council (Agenda Item IX -C)
City Secretary Marty Hendrix advised the Council of the
upcoming Texas Municipal League Conference to be held in
San Antonio on October 31st, November 1st and 2nd and requested
that the Council Members who wanted to attend let her know
so that reservations can be made.
1%
ALLEN CITY COUNCIL
August 15, 1985 Page 9
Items of Interest to the Council (cont'd) (Agenda Item IX -C)
Councilman Pendleton spoke before the Council on some
information he had obtained an legislation to be brought
forward in the U. S. Senate that would abolish the portion
of the Fair Labors Standard Act legislation that was brought
about from the Supreme Court recently. He added that he
had prepared copies for the Council Members to review but
had forgotten that material. He added that he had read
some information on the amount of money it would cost to
initiate the Act in local governments and he thought the
Council would be interested in the fact that legislation
could be forthcoming.
Adjournment
MOTION: Upon a motion made by Councilman McClure and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 10:47 p.m. on Thursday, August 15, 1985. The
motion carried.
These minutes approved on the 5th day of September
1985.
1�1 4
Marty Hendrix, TY SECRETARY
MIN N
M