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Min - City Council - 1985 - 11/21 - RegularA CITY OF ALLEN ANNEXATION PUBLIC HEARING NOVEMBER 21, 1985 262.614 Acres Present• Jon McCarty, City Manager Marty Hendrix, City Secretary Guest: Mike Hoffman, with J. T. Dunkin & Associates, Inc. In accordance with Article 970(a), V.A.T.C.S., the public hearing was called to order by City Manager Jon McCarty at 1:10 p.m. on Thursday, November 21, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Manager Jon McCarty advised that the 262.614 acres of land out of the Henry Brandenburg Survey, Abstract No. 110, the J. W. Parsons Survey, Abstract No. 705 and the Catherine Parsons Survey, Abstract No. 711, Collin County, Texas, had been requested to be annexed into the Allen city limits by Denny Holman, Folsom Investments, Inc., property owner. City Manager McCarty reviewed the location of the property, being north and south of Rowlett Road and adjacent to Watters Branch. Mr. Mike Hoffman, with J. T. Dunkin & Associates, Inc., was present at the public hearing to represent Folsom Investments. Inc. City Manager McCarty advised that the prepared service plan for the 262.614 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 1:15 p.m. These minutes reviewed and approved on this the 21st day of November , 1985. anL CITY OF ALLEN ANNEXATION PUBLIC HEARING NOVEMBER 21, 1985 103.5339 Acres Present: Jon McCarty, City Manager Marty Hendrix, City Secretary Guest: Mike Hoffman, with J. T. Dunkin and Associates In accordance with Article 970(a), V.A.T.C.S., the public hearing was called to order by City Manager Jon McCarty at 1:00 p.m. on Thursday, November 21, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Manager Jon McCarty advised that the 103.5339 acres of land out of the F. Dosser Survey, Abstract No. 280, Collin County, Texas, had been requested to be annexed into the Allen city limits by James M. Brown, the property owner. City Manager McCarty reviewed the location of the property, being southeast of State Highway 121, north of Stacy Road and west of U. S. 75. (. City Manager McCarty advised that the prepared service �✓ plan for the 103.5339 acres was available for public review. Mr. Mike Hoffman, with J. T. Dunkin & Associates, Inc., was present at the public hearing to represent Mr. Brown. 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 1:09 p.m. These minutes reviewed and approved on this the 21st day of November , 1985. J M Cary, CIT t NAGER \r "" i Marty Hendrix, LyrY SECRETARY a'7C ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 21, 1985 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure (arrived at 7:35 p.m.) 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 7:31 p.m. on Thursday, November 21, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) Mayor Rodenbaugh advised the Council that Consent Agenda Item II -C had a typographical error in it and the caption should read: Authorize Payment of Bills Associated With the 1985 Capital Improvement Program." MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wolfe, the Council voted 6 - 0, with Councilman McClure being absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve City Council Minutes of November 7, 1985 - Regular Session. B. Authorization to city staff to pay bills associated with the 1979 Capital Improvement Program. There were no bills to be paid at this time. C. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Standard & Poor's Corporation $ 4,200.00 Analytical Services Rendered in Connection with $4,500,000 GO Bonds dated Sept. 1, 1985 2. Standard & Poor's Corporation $ 5,000.00 Analytical Services Rendered in Connection with $2,800,000 W & S Revenue Bonds dated Sept. 1, 1985 3. Moody's Investors Service $ 3,000.00 Analytical Services Rendered in Connection with $2,800,000 W & S Revenue Bonds dated Sept. 1, 1985 a-1 (6 CITY OF ALLEN NOVEMBER 21, 1985 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 4. Moody's Investors Service $ 3,000.00 Analytical Services Rendered in Connection with $4,500,000 GO Bonds dated Sept. 1, 1985 5. Peat Marwick Mitchell & Co. $18,350.00 Professional Services: Examination of the separate financial statements of the Water & Sewer Enterprise Fund for the 12 -month period ended August 31, 1985 Accounting assistance rendered for the period from 8/19/85 to 9/17/85 relating to cash and investment accounts performed by staff accountant 6. Midwest Bank Note Company $ 1,823.00 Charges in connection with Issuance of $4,500,000 GO Bonds dated Sept. 1, 1985 and $2,800,000 W & S Revenue Bonds dates Sept. 1, 1985 7. Schneider, Bernet & Hickman $25,110.21 Financial Advisory Fee - $2,800,000 W & S Revenue Bonds - dated Sept. 1, 1985, plus reimbursable expenses for New York Bond Rating Trip 8. Schneider, Bernet & Hickman $19,475.00 Financial Advisory Fee - $4,500,000 GO Bonds dated Sept. 1, 1985 D. Schedule of Taxes Receivable as of October 1, 1984 - September 30, 1985 - Annual Report Schedule of Taxes Receivable as of October 31, 1985 E. Set December 19, 1985 as Public Hearing Date on a Request to Amend Planned Development No. 19 to Include a Site Plan, Located South of F.M. 2170, East of Jupiter Road, and West of Hillside Village, as requested by J. T. Dunkin, agent and planner for Greycliffe. F. Set December 19, 1985 as Public Hearing Date on a Request to Amend Planned Development No. 3 for a Specific Use Permit for Gasoline Sales and for Site Plan Approval, Located at the Northwest Corner of Bethany and State Highway 5, as requested by Nelson Corporation, agent for 7-11 stores. G. Approval of Specifications and Authorization to Solicit Bids for Two (2) Maintenance 1/2 - Ton Pickup Trucks for the Parks and Recreation Department and the Community Development Depart- ment. The motion carried. End of Consent Agenda ALLEN CITY COUNCIL NOVEMBER 21, 1985 Page 3 Public Hearing: Request to Annex 103.5339 Acres of Land Location: Southeast of S.H. 121, North of Stacy Road and West of U.S. 75 Requestor: James M. Brown (Agenda Item III -A) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing on a Request to Annex 103.5339 Acres of Land Located Southeast of State Highway 121, North of Stacy Road and West of U.S. 75." James M. Brown, property owner, presented a plat of the subject property and spoke before the Council on this request for annexation. City Manager Jon McCarty advised the Council of the public hearing held at 1:00 p.m. on Thursday, November 21, 1985, and that minutes of those proceedings had been prepared and copies had been provided to the Council for their review. Mr. McCarty also advised that the service plan for this property had 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 for annexation. Mayor Rodenbaugh closed the public hearing. Mayor Rodenbaugh advised that no action would be taken on this annexation request at this time. Be stated that the consideration of the annexation ordinance would be forthcoming for consideration by the City Council at their regular meeting to be held on Thursday, December 19, 1985. Public Hearing: Request to Annex Four Tracts of Land Containing 262.614 Acres of Land Location: North and South of Rowlett Road Adjacent to Watters Branch Requester: Folsom Investments (Agenda Item III -B) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing on a Request to Annex Four Tracts of Land Containing 262.614 Acres of Land Located North and South of Rowlett Road Adjacent to Watters Branch." Dennis Simms, with J. T. Dunkin & Associates and representing Folsom Investments, spoke before the Council on this annexation request and presented plats of the property and advised of the location of the property. City Manager Jon McCarty advised the Council of the public hearing held at 1:10 p.m. on Thursday, November 21, 1985, and that minutes of those proceedings had been prepared and copies had been provided to the Council for their review. Mr. McCarty also advised that the service plan for this property had been prepared and was available for public review. ALLEN CITY COUNCIL NOVEMBER 21, 1985 Page 4 Public Hearing: Request to Annex Four Tracts of Land Containing 262.614 Acres Requestor: Folsom Investments (cont'd) (Agenda Item III -B) Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this annexation request. Mayor Rodenbaugh closed the public hearing. The Council briefly discussed with the City Manager the contents of the service plan and the number of years referenced in the service plan before services had to be provided to this area. Mayor Rodenbaugh advised that no action would be taken on this annexation request at this time. He stated that the annexation ordinance would be forthcoming for consideration by the City Council at their regular meeting to be held on Thursday, December 19, 1985. Annual Report of the Chairman of Parks and Recreation Board (Agenda Item IV) Donald Proeschel, Chairman of the Parks and Recreation Board, presented the report of the Parks and Recreation Board for the period May, 1984 through September, 1985. Mr. Proeschel provided copies of his report to the Council for their reference. During his report, Mr. Proeschel introduced Mr. Jim Allen, who has volunteered to be leader of the Explorer Post sponsored by the Parks and Recreation Department for Allen's teenagers. Mayor Rodenbaugh extended the Council's appreciation to Mr. Proeschel for his report and the work of the Parks and Recreation Board. This item was received as a matter of information. There was no action taken on this item. Authorize a Water Connection for Kittyhawk Residents (Agenda Item V) Ernie Hoback, Director of Public Works, spoke before the Council on a request made by residents of Kittyhawk, a residential development located in Allen's extraterritorial jurisdiction. Mr. Hoback introduced Mr. Mark Hicks, who was representing the residents of Kittyhawk in this request. Mr. Hoback advised that at the intersection of Raintree Circle and Watters Road in the Raintree Subdivision, a 12" water line was being constructed. Using a sketch, Mr. Hoback showed the Council that the residents of Kittyhawk wanted to construct a temporary 4" water line to the edge of their property from the 12" water line. The residents of Kittyhawk would then construct a water system for their development and were requesting to obtain a meter box on the temporary water line where it would be the city's responsibility to just read the meter once a month and bill a resident, Mark Hicks, for the monthly water bill. The total cost of this request would be at the expense of the residents of Kittyhawk and they would be responsible for obtaining an easement from Folsom Investments for the placement of the temporary water line from the 12" line to the edge of their property. NO ALLEN CITY COUNCIL NOVEMBER 21, 1985 Page 5 Authorize a Water Connection for Kittyhawk Residents (cont'd) (Agenda Item V) Mr. Hicks spoke before the Council on this request and advised of working with Folsom Investments to obtain the temporary easement for the 9" water line to their property. The Council discussed with Mr. Hicks the location of the water meter box from the main 12" line, what would happen when this residential development is annexed to the city and what will become of the water system and what will be expected of the city at that time, and why this request was not placed in a document format. There was further discussion on the documentation of this request and whether it should be in a contract form or an agreement form. It was pointed out that it was felt that a documentation of this request needed to be done so that all parties understood their responsibilities and so that the residents understood that the city did not have to accept this water system when the property became part of the corporate city limits. Mr. Hicks reviewed with the Council what should be contained in a letter from the residents of Kittyhawk to the City of Allen in order to document this request. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Koch, the Council voted 7 - 0 to authorize the water connection for the Kittyhawk residents pending the receipt by city staff of the documentation of the request per the discussions by the City Council. The motion carried. Receive Recommendation from the Council Subcommittee Concerning the Selection of an Engineering Firm for Design of the Second Delivery Point and Authorize Staff to Enter Into Negotiations for Engineering Services (Agenda Item VI) Mayor Rodenbaugh advised the Council of the work of the subcommittee of the City Council concerning the selection of an engineering firm for the design of the Second Delivery Point. The subcommittee members had been Mayor Rodenbaugh, Councilman Pendleton, and Mayor Pro Tem Farmer. Mayor Rodenbaugh stated that the selection process had been a difficult one and that there were several good presentations. Mayor Rodenbaugh advised that the subcommittee had reached a decision and was ready to make a recommendation to the City Council. At this time, Mayor Rodenbaugh asked if the City Council would like to convene into executive session for further deliberation in this matter. The City Council Members requested to hear the recommendation of the subcommittee and forego the need for an executive session. Mayor Rodenbaugh advised that it was the subcommittee's recommendation that the authorization be given to the city staff to proceed with the negotiation for engineering services with the firm of Black and Veatch for the design of the Second Delivery Point. Councilman Pendleton and Mayor Pro Tem Farmer also advised the Council of the commendable work of the city staff on this selection process and the competitive pre- sentations by the prospective engineering firms. Crn ALLEN CITY COUNCIL NOVEMBER 21, 1985 Receive Recommendation from the Council Subcommittee Concerning the Selection of an Engineering Firm for Design of the Second Delivery Point and Authorize Staff to Enter Into Negotiations for Engineering Services (continued) Page 6 (Agenda Item VI) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Wolfe, the Council voted 7 - 0 to authorize the city staff to enter into negotiatins with the engineering firm of Black and Veatch for the design of the Second Delivery Point, in accordance with the recommendation of the Council Subcommittee, as stated. The motion carried. Consider Policy for the Escrow of Certain Funds for Development Along F.M. 2170 and State Highway 5 (Agenda Item VII) Bill Petty, Director of Community Development, spoke before the Council on the city's current development policies which require developer participation on major six -lane divided arterials of installation,or escrow of funds in lieu of, two exterior lanes, storm drainage, one-half median landscaping, irrigation, lighting, and sidewalks. Mr. Petty explained that these requirements have been different in the past for F.M. 2170 and State Highway 5 because they have always been considered state highway projects. Mr. Petty stated that now that these roadways are going to be improved, with the city to develop F.M. 2170 and with the State to develop State Highway 5, he felt there was a need at this time to take at look at these roadways and determine what developer participation policies should be considered. Mr. Petty explained that this was a major consideration at this time since there are four major developments along State Highway 5. Mr. Petty advised that since the city was doing the development of F.M. 2170 and had required a 258 assessment along Phase I of the improvements, the city staff was recom- mending that an assessment policy be maintained for the improvements to F.M. 2170. Mr. Petty further advised that since the State Highway Department will be constructing the improvements to State Highway 5 and will include storm drainage, the city staff is recommending that escrow funds be collected for median landscaping, irrigation, street lighting, and sidewalks. The escrow of funds would not include the storm drainage or paving of the street section. Mr. Petty advised that city staff was requesting that the City Council provide the city staff with some policy direction in this matter so that a policy could be formulated in order that city staff can be consistent in handling matters pertaining to these two roadways and to recognize that the two roadways should be treated differently. M ALLEN CITY COUNCIL NOVEMBER 21, 1985 Page 7 Consider Policy for the Escrow of Certain Funds for Development Along F.M. 2170 and State Hiahwa 5 (cont'd) (Agenda Item VII) There was considerable discussion by the Council on the proposed methods of assessment and escrowing of funds, the amount of the assessments, how the 508 had been determined ``• for the escrow of funds by property owners on the median improvements, and not determining a dollar amount for the assessment at this time. In summary, Mr. Petty reviewed again for the Council what the city staff was requesting. Mr. Petty advised that on State Highway 5, from Chaparral Road to Exchange Parkway, to authorize the city staff to develop a policy and bring it before the Council that would allow the city to require, upon development, the escrow of funds for the sidewalks, one-half of the median improvements, which would include landscaping, irrigation, street lighting and signalization. Then on State Highway 5, from Exchange Parkway to Stacy Road, Mr. Petty advised that the participation would be collected upon construction by means of assessment. Mr. Petty then stated that on F.M. 2170 from U.S. 75 to F.M. 2551 that the participation would also be collected upon construction by means of assessment at 258 of the cost of the total project as was done on Phase I of the Main Street Project. The Council discussed the alignment of F.M. 2551 and Rock Ridge Road and it was pointed out to city staff that the proposed policy statement should perhaps not state a certain roadway, but the city's ultimate city limits. There was further discussion and clarification on the proposal by the city staff and also discussion on the place- ment of underground utilities on these roadways and including those costs in the escrow of funds. City staff provided the Council with information on the estimated costs for under- ground utilities and of comments they had received from the utility companies regarding the costs and the maintenance of the lines. In further discussion, Mr. Petty advised the Council that he was also requesting the authorization of the Council to proceed with the implementation of the proposed policy at this time because there were several development projects pending before him now. In discussion by the Council, it was the consensus of the City Council that the city staff proceed with the drafting of the proposed policy for escrowing of funds for State Highway 5 and the assessment of funds for F.M. 2170 in the form of a resolution for their consideration, per the discussions by the Council at this meeting; and to authorize the city staff to proceed with the implementation of the proposed policy as discussed by the City Council at this meeting. At this time the Mayor moved to Agenda Item VIII -B. Items of Interest to the Council (Agenda Item VIII -B) Bill Petty, Director of Community Development, advised the Council of an emergency situation existing on Windsor Drive in the Windridge Subdivision. Mr. Petty explained that the storm drain that runs under the street has a leak in the seal of the pipes and that seal has broken thus causing the storm drainage pipes to move. Mr. Petty pointed out that this is the same situation that occurred last year on Ridgemont in this same subdivision. ncn ALLEN CITY COUNCIL NOVEMBER 21, 1985 Page 8 Items of Interest to the Council (cont'd) (Agenda Item VIII -B) Mr. Petty advised the Council that he had contacted four contractors to obtain cost estimates for this repair work. Of the four contractors contacted, one company will not do the work, one company has not called back, one company gave an estimate of $9,314.00, and the last company gave an estimate of $5,515.00. Mr. Petty requested that the Council recognize this as an emergency situation and authorize the city staff to proceed with this repair work as soon as possible. The Council discussed with city staff the possibility of this happening again somewhere in this subdivision and if the city had any idea of this same situation existing elsewhere in this subdivision. It was the consensus of the City Council that this problem be recognized as an emergency situation and that the city staff proceed with the repair of the storm drain as soon as possible. Mr. Petty advised the Council of the results of a meeting that he had attended at the State Highway Department today. Mr. Petty stated that beginning the first week of December, the State Highway Department would be putting in a new automated signalization at the intersection of F.M. 2170 and State Highway 5. This new signalization would be on arms rather than the cable type existing there now. Mr. Petty also advised that the highway department would be providing more stacking area for turning lanes but would not be extending any of the shoulders. Mr. Petty advised that this work would take about 30 days and this work would mean that another major intersection in Allen will be difficult to travel through until the work is finished. The Council discussed with Mr. Petty if the highway department was considering the placement of signalization at any other intersections in Allen. Mr. Petty stated that at this time they were not, however, the city was collecting data to request that they consider signlization at Jupiter Road and F.M. 2170 and also to consider the speed limits on F.M. 2170 east of Allen Heights Drive. The Council discussed with Mr. Petty if the highway department had considered providing more left turn lanes along State Highway 5 for several of the shopping centers being constructed along that area or did the city have to wait until State Highway 5 was totally reconstructed. Mayor Pro Tem Farmer recommended to city staff that some signs be erected along the Main Street construction advising of the funding of the project with bond funds. Mr. Petty advised that city staff was working on about six of those types of signs now. Councilman Wolfe also stated that a blinking light was needed at the railroad track. At this time, Mayor Rodenbaugh returned to Agenda Item VIII -A. City's Boards/Commission/ Council Banquet in December (Agenda Item VIII -A) City Secretary Marty Hendrix advised the Council of the time and date of the banquet, being Monday, December 16, 1985, at 6:30 p.m., at the Harvey Hotel in Plano. This item was received as a matter of information. There was no action taken on this item. 7R7. ALLEN CITY COUNCIL NOVEMBER 21, 1985 Page 9 Executive Session (Agenda Item IX) The City Council did not convene into executive session. Consider Action Related to Items Discussed in Executive Session (Agenda Item X) Council did not convene in Since the City to executive session, this agenda item was not considered. Adjourn (Agenda Item X) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Koch, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 9:14 p.m. on Thursday, November 21, 1985. The motion carried. 1965. These minutes approved on the 5th day of December V Marty nendrix, TY SECRETARY A VIVA