Min - City Council - 1985 - 10/03 - RegularALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 3, 1985
Present:
Donald P. Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Jim Wolfe
Jim Pendleton
Absent:
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 7:34 p.m. on Thursday,
October 3, 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 Pendleton, the Council
voted 6 - 0 to approve and adopt all items on
the Consent Agenda as recommended and as follows:
A. Approval of City Council Minutes of September 19,
1985 - Regular Session.
B. Authorization to city staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program
as follows:
1. Gohmann of Texas $ 8,093.42
Street Overlay Program by
City - Invoices No. 8035,
8098, 8086, 8135, 8146,
8123, 8110 - dated September,
1985, for asphalt.
C. Set October 17, 1985 as Public Hearings Date on a
Request to Annex 147.679 Acres of Land Located
South of Rowlett Road, East of F.M. 2478 and
North of West Rowlett Creek as requested by
Jeffrey A. Barnes representing Don F. Jones.
i
D. Set October 17, 1985 as Public Hearings Date
on a Request to Annex 27.303 Acres of Land
West of U. S. 75, North of Rowlett Creek and
Southwest of Watters Branch as requested by
William D. Parson, Cambridge Companies.
The motion carried.
End of Consent Agenda
vi
ALLEN CITY COUNCIL
OCTOBER 3, 1985
Oaths -of -Office to Reappointed and
Newly Appointed Members of the Parks
and Recreation Board and the Board
of Adjustment/Sign Control Board
Page 2
(Agenda Item III -A)
City Secretary Marty Hendrix administered the oath -of -
office to the following individuals on the city's boards:
NAME
PLACE/BOARD
Don Proeschel
Place No. 1 - Parks &
Recreation Board
John Cahill
Place No. 3 - Board of
Adjustment/Sign Control
Board
Harold Biggs
Place No. 5 - Board of
Adjustment/Sign Control
Board
Carolyn Latimer
Alternate No. 1 - Board
of Adjustment
Galen Clay
Alternate No. 2 - Board
of Adjustment
Ms. Hendrix advised the Council that the oath -of -office
had been administered to Rick Alexander, Place No. 1 on the
Board of Adjustment/Sign Control Board, on September 27, 1985
since he could not attend the Council meeting. She added that
the oaths for the remainder of the Parks and Recreation Board Members
would be administered at the Parks Board meeting, or in her
office. Those members are Mickey Christakos and Helen Johnson.
Plaques -of -Appreciation Presented
to Outgoing Members of the Board
of Adjustment/Sign Control Board (Agenda Item III -B)
Mayor Rodenbaugh presented a plaque -of -appreciation to
Don Rirkindoll, outgoing member of the Board of Adjustment/
Sign Control Board, Place No. 3, for his service to that
Board from October .1982 to September 1985.
Mayor Rodenbaugh also advised that a plaque was to
be presented to Carol Henry, outgoing member of the Board
of Adjustment/Sign Control Board, Place No. 5, for her
service to that Board from October 1982 to October 1985,
but she was not in attendance at the meeting. Mayor Rodenbaugh
advised that her plaque would be sent to her.
Public Hearing: Request to Amend
Planned Development
No. 16 to Include
an Additional 4.07
Acres of TH Zoning
and Site Plan Approval
on the 4.07 Acres
Location: East of Jupiter Road
and North and South of
Park Place Drive
Requestor: Bob Burkart
and
Ordinance No. 641-10-85: An Ordinance
of the City of Allen, Collin County,
Texas, Repealing Ordinance No. 472-11-
83, and Amending the Comprehensive
Zoning Ordinance No. 366-10-81 of the
City of Allen, as Heretofore Amended,
so as to Change the Following Described
(Agenda Item IV -A)
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CITY OF ALLEN
OCTOBER 3, 1985 Page 3
Ordinance No. 641-10-85:
Tract of Land from "PD" Planned
Development No. 16 and "TH"
Townhouse Classification to "PD"
Planned Development No. 34; Said
Tract of Land Being Described as
Follows: Approximately 25.95
Acres Out of the David Wetzel
Survey, Abstract No. 977, Recorded
in Volume 683, Page 784, Deed
Records of Collin County, Texas;
Providing for Use Regulations;
Providing for a Site Plan; Pro-
viding 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 (Agenda Item IV -A)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request to Amend Planned
Development No. 16 to Include an Additional 4.07 Acres
of Townhouse Zoning and a Request for Site Plan Approval
on 4.07 Acres of Land Located East of Jupiter Road and
North and South of Park Place Drive and Consider an
Ordinance Establishing Planned Development No. 34 and
Attaching the Approved Site Plan."
Dr. Joel Goldsteen, representing Bob Burkart, spoke before
the Council regarding this zoning change request.
Dr. Goldsteen presented a site plan showing the total
25.95 acres of land and advised the Council of the incorrect
field notes when the property was originally zoned and the
need to add an additional one acre to the tract. Mr. Goldsteen
then reviewed the request for zoning change advising of the
proposed configuration in the townhouse districts of two units
per row rather than the six units per row, that an additional
16 units have been added to accommodate the one acre correction
of error in the survey, and that the minimum average square
footage of the multi -family area be 850 square feet. He also
advised that it was the developer's request that the area
that had been previously utilitized for a storm drainage ease-
ment be put underground to city standards to allow for a fire
lane to be constructed in this easement.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this zoning change
request. Mayor Rodenbaugh closed the public hearing.
The Planning and Zoning Commission, at their regular
session held on August 22, 1985, recommended to the City
Council approval of the request for zoning change with
the following stipulations:
The existing drainage easement running
north and south across the property be
converted to underground drainage.
No structures be constructed within the
100 -year flood plain.
ALLEN CITY COUNCIL
OCTOBER 3, 1985
Page 4
Public Hearing: Request to Amend
Planned Development
No. 16 to Include
an Additional 4.07
Acres of TH Zoning
and Site Plan Approval
Requester: Bob Burkart (cont'd) (Agenda Item IV -A)
and
Ordinance No. 641-10-85: (cont'd)
The Council discussed with Dr. Goldsteen the deletion
of the word "proposed" on page 4 of the use regulations
so that it read "unit mix" and not "proposed unit mix".
There was also discussion on the changing of the general
requirements of the original zoning request and whether
these were indeed suppose to be the same and brought
forward as they were approved with the original zoning
request. Dr. Goldsteen clarified that the general
requirements were to stay the same as in the original
zoning requests.
There was a brief discussion on the agreement between
the city and the developer on the paving of Park Place
Drive and the developer's reimbursement to the city for
that paving at the time of platting of this property and
what the status of that agreement was at this time.
Bill Petty, Director of Community Development, spoke
before the Council on the open space requirements as they
relate to townhouse zoning. He also advised of the open
space requirements regarding planned developments and how
(`/, they are calculated. Mr. Petty also spoke to the reference
noted in the use regulations as to a change in the building
materials as allowed in the city's zoning ordinance, and what
those materials were in this proposed zoning change request.
In further discussion, it was pointed out to Dr. Goldsteen
that there should also be another inclusion under "Building
Regulations" for the townhouses from the uses listed in the
original zoning change, that being that the dwelling units
may be converted to condominium ownership at alater date.
If they are converted, then prior to any conversions, the
Condominium Owners Association legal documents shall be sub-
mitted to the City of Allen for review.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman Pendleton, the Council
voted five (5) for and one (1) opposed, with
Councilman McClure casting the negative vote,
to approve the zoning change request in
accordance with the recommendation of the
Planning and Zoning Commission, as stated; and
with the stipulations that the "General Regulations"
from the original zoning change be the "General
Regulations" for this approved zoning change and
that included under "Building Regulations" for the
townhouses there will be added the following
paragraph:
"b. Dwelling units may be converted to condominium
ownership at a later date. Prior to any con-
versions, the Condominium owners Association
legal documents shall be submitted to the City
of Allen for review.";
and to adopt Ordinance No. 641-10-85, as captioned
previously. The motion carried.
')zw
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CITY OF ALLEN
OCTOBER 3, 1985 Page 5
Public Hearing: Request for Site
Plan Approval and
Specific Use Permit
for Mini -Warehouses
and a Guard Residence
on 2.874 Acres
Zoned: Central Business District
Location: South of Coats Drive,
West of Cedar and East
of Ash
Requester: Brian McCall (Agenda Item IV -B)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing on a Request for Site Plan Approval and a
Specific Use Permit for Mini -Warehouses and a Guard
Residence on 2.87 Acres Currently Zoned C.B.D. (Central
Business District) Located South of Coats, West of
Cedar and East of Ash and Consider an Ordinance Auth-
orizing the Specific Use Permit."
Brian McCall, property owner, spoke before the Council
on behalf of this request for site plan approval and a specific
use permit.
This request consisted of seven (7) mini -warehouse
buildings located on the 2.87 acres, with a guard residence
located at the entrance off of East Coats Street. The
buildings represented 53,100 square feet in warehouse
space. Mr. McCall spoke before the Council on the land-
scaping of this site and advised of the type of fencing
to be used.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this request for
site plan approval and specific use permit. Mayor Rodenbaugh
closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting held on August 22, 1985, recommended to the City
Council approval of the request for site plan approval
and specific use permit with modification to the fire lane
as recommended by the Fire Marshal.
The Council discussed with Mr. McCall the number of
mini -warehouses that would be constructed in this develop-
ment.
Mr. McCall advised that there would be a total of 450
mini -warehouse units but that they would not be built all
at one time. This development would be built in phases
as the need for mini -warehouses is needed in the city.
There was considerable discussion by the Council on
this use in the Central Business District, the large number
of units in this development, the fact that mini -warehouse
units are located across from this location, the phasing
of the development, and whether this use should be at this
location within the Central Business District.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman Pendleton, the Council
voted three (3) for and three (3) opposed, with
Council Members McClure, Womack and Wolfe casting
the negative votes, to approve the request for site
plan approval and a specific use permit. The
motion failed due to the tie vote.
2,S
ALLEN CITY COUNCIL
OCTOBER 3, 1985
Page 6
Public Hearing: Request for Site
Plan Approval and
Specific Use Permit
for Mini -Warehouses
and Guard Residence
on 2.874 Acres
Requestor: Brian McCall (cont'd) (Agenda Item IV -B)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman Womack, the Council voted
five (5) for and one (1) opposed, with Councilman
Pendleton casting the negative vote, to direct
Mr. McCall to take into consideration the comments
made by the Council at this meeting and to allow
him to resubmit his request to the Council at a
later date. The motion carried.
Mayor Rodenbaugh recessed the regular session of the
Allen City Council at 8:45 p.m. The meeting reconvened
at 9:00 p.m.
Request to Appear by
Jim Templin Regarding
Speed Limit on Butler (Agenda Item V)
Mr. Jim Templin, 304 S. Butler, spoke before the Council
on the existing speed limit on Butler Drive and advised that
he had observed city vehicles, city employees and other
individuals speeding on that street. He stated that he had
contacted the Police Department and they had set up a radar
check several times but the individuals could see the officer
doing the check so it was not effective. Mr. Templin also
advised that there were approximately 20 children living in
the area and his main concern was that someone might hit a
child. He requested that the Council consider changing the
speed limit from 30 mph to 20 mph.
Mayor Rodenbaugh advised Mr. Templin that the Council
would take his request under consideration. Mayor Rodenbaugh
requested that the city staff and the Police Department look
into the matter and provide a report back to the Council.
There was no action taken on this item.
Resolution No. 642-10-85(R): A
Resolution of the City Council
of the City of Allen, Texas,
Approving and Authorizing the
City Manager to Enter Into an
Agreement With the City of
Plano That Would Allow the
Transfer of the 7.5 mgd Water
Pipeline Capacity in the North
Plano Pipeline to the City of
Plano. (Agenda Item VI)
City Manager Jon McCarty reviewed the proposed resolution
with the Council regarding an agreement with the City of Plano
that would allow the transfer of the 7.5 mgd water pipeline
capacity in the North Plano Pipeline from the City of Allen to
the City of Plano.
Mr. McCarty referenced a letter from Carl W. Riehn,
Executive Director of the North Texas Municipal Water District,
regarding the need for approval of the transfer and the city's
request for the use of the capacity in the McKinney Pipeline
by the Board of Directors of the North Texas Municipal Water
District. Mr. McCarty stated that it might be that the city
would relinquish the capacity in the Plano Pipeline before the
Board has approved the use of the capacity in the McKinney
Pipeline, however, that should pose no problem to the city.
MR
ALLEN CITY COUNCIL
OCTOBER 3, 1985
Page 7
Resolution No. 642-10-85(R) (cont'd) (Agenda Item VI)
The Council discussed with the City Manager the fact that
the city would never need the capacity in the Plano Pipeline
for any further development of Allen and if this action was
just a straight transfer from one city to another of a
responsibility of the capacity of that line and that Allen
would not receive any benefit from the action.
Mr. McCarty advised the Council of the three proposed
delivery points for the city for the future and that those
needs would not be from the capacity of the Plano Pipeline.
Mr. McCarty also advised that there would not be any con-
sideration given to the city for the transfer of the line.
The Council also discussed the 5 MGD capacity in the
McKinney Pipeline and if that was the maximum amount that
the city could obtain from that line and just how long would
that capacity be good for in the future development.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 6 - 0 to
approve and adopt Resolution No. 642-10-85(R), as
captioned previously. The motion carried.
Award of Bid for Newspaper
Advertising for Fiscal
Year 1985 - 86
and
Resolution No. 643-10-85(R):
Resolution Designating The
Coe Allen American the Official
Newspaper of the City of
Allen, Collin County, Texas. (Agenda Item VII)
City Secretary Marty Hendrix advised the Council of
the bid opening held on September 26, 1985, at 2:00 p.m.,
for the city's official newspaper for the fiscal year
1985 - 86. Ms. Hendrix stated that a no bid was received
from The Allen Leader due to a possible conflict of interest.
Ms. Hendrix advised that a bid had been received from The
Allen American and she advised of the various amounts bid
for the types of classified advertising that the city does
each year.
Ms. Hendrix advised the Council that the city staff's
recommendation was that the bid be awarded to The Allen
American and that The Allen American be designated as the
city official newspaper for the -fiscal year 1985 - 86.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Pendleton, the Council voted 6 - 0
to approve the bid as submitted by The Allen American
and to approve and adopt Resolution No. 643-10-85 R),
as captioned previously, in accordance with the
city staff's recommendation, as stated. The motion
carried.
Ordinance No. 644-10-85: An
Ordinance of the City of Allen,
Collin County, Texas, Amending
Ordinance No. 592-3-85 by Amending
Exhibit "A" (Building Permit Fees)
Attached Thereto, Providing for
a Severability Clause, Providing
a Penalty for Violation of This
Ordinance, Providing for the
Publication of the Caption Hereof,
and Providing for an Effective
(Agenda Item VIII)
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ALLEN CITY COUNCIL
OCTOBER 3, 1985
Page 8
Ordinance No. 644-10-85 (cont'd) (Agenda Item VIII)
Bill Petty, Director of Community Development, presented
to and spoke before the Council on the new building permit
fees.
Mr. Petty reviewed the building permit fees of some other
cities in comparison with the City of Allen.
The Council discussed with Mr. Petty how long the fees
would be effective and various aspects of the proposed fees.
They also discussed when these fees would go into effect,
if approved, and if developments already in progress would
be effected.
Mr. Petty distributed copies of the proposed ordinance
to the Council for review.
The Council also discussed with city staff the possibility
of the development of certain policies or procedures whereby
the staff could proceed with the changing of fees without
having to receive Council's action each time this is needed.
In this discussion, it was pointed out that all fees are
established by a city ordinance and the ordinances have to
be acted upon by the City Council.
MOTION: Upon a motion made by Councilman Pendleton and
seconded by Mayor Pro Tem Farmer, the Council
voted 6 - 0 to approve and adopt Ordinance No.
644-10-85, as captioned previously. The motion
carried.
Approval of Specifications and
Authorization to Solicit Bids
for Three (3) Police Replacement
Vehicles (Agenda Item IX -A)
Police Chief Richard Carroll presented to and spoke
before the Council on the bid specifications for three (3)
replacement vehicles for the Allen Police Department.
Chief Carroll advised the Council that the specifications
for the vehicles were identical to those from the previous
year.
Chief Carroll advised that the city staff's recommendation
was that the City Council approve the specifications as pre-
sented and to authorize the receipt of bids for the vehicles.
The Council discussed the possibility of the city staff
researching the need for the Council's action on the approval
of the specifications and receipt of bids to see if this step
was necessary or if perhaps it can be placed on the Consent
Agenda for consideration.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 6 - 0 to
approve the specifications and authorize the solicitation
of bids for three (3) police replacement vehicles,
in accordance with the city staff's recommendation, as
stated. The motion carried.
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ALLEN CITY COUNCIL
OCTOBER 3, 1985
Approval of Specifications
and Authorization to Solicit
Bids for a Tractor for the
Parks and Recreation Department
Page 9
(Agenda Item IX -B)
Mark Thornton, Director of Parks and Recreation Department,
presented to and spoke before the Council on the specifications
for a tractor for the Parks and Recreation Department.
Mr. Thornton advised that it was the city staff's recommend-
ation that the City Council approve the specifications and authorize
the receipt of bids for a tractor.
The Council briefly discussed how long this tractor would
serve.the city's needs.
MOTION: Upon a motion made by Councilman McClure and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve the specifications and authorize the solicitation
of bids for a tractor for the Parks and Recreation
Department. The motion carried.
TML Conference (Agenda Item X -A)
City Secretary Marty Hendrix advised the Council of the
upcoming Texas Municipal League Conference to be held on
October 31 - November 2, 1985, in San Antonio. Ms. Hendrix
advised that the advance registration needed to be sent in
and requested that members of the Council interested in
attending should notify her of their plans to attend.
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 X -B)
Councilman Womack requested a status report on the
obtaining of the easements for the ASAP sewer line from
the remaining property owners of McDermott, Williams, and
James. Councilman Womack also requested a status report
on the contract with Belz Outlet Mall.
City Manager Jon McCarty advised the Council that the
city had not heard from the representatives of the Belz
Outlet Mall regarding the obtaining of the UCC 3 Statement
as of this date. The city had been in contact with Belz
and at this time technically the status is an unfinished
contract.
City Manager McCarty advised of conversations with
Mrs. Frances Williams regarding the obtaining of the
easement on her property for the ASAP sewer line and
he stated that she was to sign the easement tomorrow.
Mrs. McDermott had stated earlier that she would sign
the same easement document that is agreed to by Mrs.
Williams. Mr. McCarty stated that the easement on Mr. James'
property has been turned over to the City Attorney. The
City Attorney has tried to contact Mr. James but as of this
date has not been able to contact him. since Mr. James seems
to travel quite a lot.
Mayor Pro Tem Farmer asked about the status of the con-
demnation proceedings that the AISD is contemplating on a
school site and wondered if the city would also be involved
in that proceedings.
D 2
ALLEN CITY COUNCIL
OCTOBER 3, 1985
Page 10
Items of Interest to the Council (cont'd) (Agenda Item X -B)
City Manager McCarty advised that the school district is
gathering information now to proceed with the condemnation.
He added that he would have to talk with the School Superintendent
to see if it would be a benefit to have the city join in on
this proceeding. If that is the case, then Mr. McCarty stated
that he would bring forth a recommendation for the Council's
consideration in the matter.
The Council briefly discussed how ad valorem taxes are
determined on a mini -warehouse at the request of Mayor Pro Tem
Farmer.
Mayor Pro Tem Farmer advised the Council of the recognition
recently received by the Allen Independent School District Board
of Trustees as the outstanding School Board in the State of
Texas. Mayor Pro Tem Farmer added that their presentation
submitted to received the award was outstanding and the Council
should try to see it as it contained information on the city's
and the school's joint participation in various projects.
Mayor Pro Tem Farmer suggested that the Council show their
congratulations to the Board of Trustees in the form of a
resolution. In further discussion by the Council on this
item, it was suggested that the city hold a reception for
the School Board and have the presentation shown and invite
the public to attend. It was concluded that the City Manager
would talk with the Superintendent to see what plans were
being done for this recognition and if the plans that the
city had talked about were agreeable to the school district.
Resolution No. 645-10-85(R):
A Resolution of the City Council
of the City of Allen, Collin
County, Texas, Regarding the
Docketing of a Request for
Extended Area Service Before the
Public Utilities Commission of
Texas. (Agenda Item X-C)
City Manager Jon McCarty spoke before the Council on the
proposed resolution regarding the docketing of a request for
Extended Area Service (EAS) before the Public Utility Commission
of Texas.
Mr. McCarty advised of some information that had been
provided to the Council. Those items were a letter from
Don Price with the Public Utility Commission (PUC), the PUC
rules concerning EAS, a copy of a letter written by Mr. McCarty
to Mr. Price delineating the agenda for the upcoming meeting
with the PUC,and a copy of the Southwestern Bell traffic use
study.
Mr. McCarty reviewed a portion of the resolution that
states that the City of Allen, on behalf of the telephone
users within the city, expresses its readiness to bear the
entire cost of providing the requested EAS. He also reviewed
a portion of the rules which states that the city must express
its readiness to bear the entire cost of providing the requested
EAS service in writing. Mr. McCarty also pointed out a flow
chart of the process which had been prepared by Councilman Wolfe
and advised that further steps in the process would be discussed
in the upcoming meeting with the PUC and telephone companies
on October 16, 1985.
Mr. McCarty then reviewed portions of the traffic use
study completed by Southwestern Bell on the number of calls
placed from Allen to the Dallas area.
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ALLEN CITY COUNCIL
OCTOBER 3, 1985
Page 11
Resolution No. 645-10-85(R) (cont'd) (Agenda Item X-C)
Mr. McCarty advised that the city staff's recommendation
was that the City Council consider adopting the proposed
resolution.
Mayor Rodenbaugh then advised the Council that the
Telephone Subcommittee of the Council had reviewed all of
the materials to date and recommended to the Council to
proceed with trying to obtain the Extended Area Service.
The Council briefly discussed if the costs for the
service had been calculated as of this date, and how
certain portions of the telephone traffic use study had
been calculated.
MOTION: Upon a motion made by Councilman Pendleton and
seconded by Mayor Pro Tem Farmer, the Council
voted 6 - 0 to approve and adopt Resolution
No. 645-10-85(R), as captioned previously, and
in accordance with the city staff's recommendation
and the Telephone Subcommittee's recommendation,
as stated. The motion carried.
Adjournment
MOTION: Upon a motion made by Councilman McClure and
seconded by Councilman Womack, the Council
voted 6 - 0 to adjourn the regular session of
the Allen City Council at 10:25 p.m. on Thursday,
October 3, 1985. The motion carried.
These minutes approved on the 3rd day of October
1985.
MCITY SECRETARY SECRETARY
� P Eoug2h_ -ems i
Donald P. Rodenbaugh, MAYO
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