Min - City Council - 1985 - 12/05 - RegularALLEN CITY COUNCIL
REGULAR SESSION
DECEMBER 5, 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 7:38 p.m. on Thursday,
December 5, 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 Koch and seconded
by Mayor Pro Tem Farmer, 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 November 21,
1985 - Regular Session.
B. Authorization to city staff to pay bills associated
with the 1979 Capital Improvement Program as follows:
Hannah Construction Co. $79,377.00
Contract for Construction
of Ford Park - Swimming Pool
and Ball Fields -
Application No. 2 - Period:
10-17-85 - 11-16-85
C. Authorization to city staff to pay bills associated
with the 1985 Capital Improvement Program as
follows:
1. The SWA Group $ 865.21
Contract for Streetscape for
Main Street Construction -
Reimbursable Expenses - Period:
10/1/85 - 10/31/85
2. The SWA Group $ 5,238.96
Contract for Streetscape for
Main Street Construction -
Professional Services Rendered
for 10/1/85 - 10/31/85
3. Huitt-Zollars $ 2,187.73
Project: Second Delivery Point
Survey of 5.979 acres of land
located 800 feet east of S.H.S,
south of Stacy Road. Period:
9/23/85 - 10/26/85
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ALLEN CITY COUNCIL
DECEMBER 5, 1985
Page 2
CONSENT AGENDA (cont'd) (Agenda Item II)
4. F & S Partners, Inc. $ 9,387.57
Professional Services
Rendered during 2/1/85 -
6/30/85 for City of Allen
Bond Issue - 1985
D. Set January 2, 1985, as Public Hearing Date on a
Request to Amend Zoning on 356.57 Acres of Land
Out of Planned Development No. 22 and Consider Site
Plan Approval, as requested by Pat Atkins, with
Don Tipton Engineering.
The motion carried.
End of Consent Agenda
Resolution No. 662-12-85(R):
Resolution of the City Council
Approving the Issuance of Bonds
By the Allen Industrial Develop-
ment Corporation to Finance a
Project for Quest Medical, Inc.,
Following Public Hearing. (Agenda Item III)
Mayor Rodenbaugh advised that Michael R. Schulman, with
Johnson and Swanson Law Firm, would be appearing before the
Council on this agenda item. At this time, Mr. Schulman
distributed copies of the proposed resolution to the Council.
Mayor Rodenbaugh advised the Council that any member that
(�" had any financial interest, or had any relatives with a
40� financial interest, should so declare this at this time, sign
an affidavit for the City Secretary, and remove themselves
from consideration of this item. There were no Council Members
that had any financial interest in this particular request.
Mr. Schulman then spoke before the Council on the actions
taken thus far by the Allen Industrial Development Corporation
on this request for the issuance of industrial revenue bonds
by Quest Medical, Inc. Mr. Schulman advised that MBank of
Dallas had agreed to purchase the bonds in the amount of
$6,565,000 and the Allen Industrial Development Corporation
had issued a resolution to go forth with the issuance of
those bonds. Mr. Schulman also advised that a public hearing
was held prior to the action taken by the Development Corporation.
He then explained the action to be taken by the City Council on
this request.
Mr. Brad Lerner, with Hutchinson, Price, Boyle and Brooks,
counsel for the Allen Industrial Development Corporation, spoke
before the Council on the correctness of the documents to
be considered for this request.
Mayor Rodenbaugh advised that Mary Macaulay, with First
Southwest Corporation, was also present to answer any questions
posed by the Council.
The Council discussed with Mr. Lerner how the pending
federal tax legislation might affect the issuance of these
industrial revenue bonds, and if this type of funding would
still be available after the first of the year.
D w.
ALLEN CITY COUNCIL
DECEMBER 5. 1985
Page 3
Resolution No. 662-12-85(R) (cont'd) (Agenda Item III)
The Council discussed with city staff the number of times
the Council had acted upon requests for industrial revenue bonds,
if the formulation of the development corporation would stay
the same pending changes in state law and federal legislation,
the fact that the city cannot be held liable financially for
the issuance of these bonds, and clarification that the amount
of the bonds is $6,565,000 and not the amount shown in the
loan agreement which indicated $7,000,000.
F. Robert Merrill, III, the Vice President of Finance
for Quest Medical, Inc., spoke before the Council on the
correct amount of the bonds being requested and the reason
for the difference in the figures. He also advised of the
time period for construction.
Council discussed with Mary Macaulay, with First South-
west Company, the contents of a letter from First Southwest
and an explanation of a statement made in the letter.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman McClure, the Council voted
7 - 0 to approve the action of the Allen Industrial
Development Corporation and to adopt Resolution
No. 662-12-85(R), as captioned previously. The
motion carried.
Public Hearing: Request for Specific
Use Permit and Site
Plan Approval on
.623 Acres of Land
for Automotive Lube
and Oil Change
Facility
Zoning: Shopping Center -
Allen Towne Center
Location: Northeast Corner
of State Highway 5
and Jupiter Road
Requestor: Peter Kavanaugh for
Masterplan (Pit Stop) (Agenda Item IV -A)
and
Ordinance No. 663-12-85: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Comprehensive Zoning
Ordinance No. 366-10-81, of the City
of Allen, as Heretofore Amended so as
to Allow a Specific Use Permit for
an Automotive Lube and Oil Change
Facility for Tract 5 of the Allen Towne
Center Addition to the City of Allen
as Recorded by Plat, Cabinet E,
Drawers 139 and 140 M.R.C.C.T. of the
Deed Records, Collin County, Texas,
Presently Delineated on the Official
Zoning Map as "SC" Shopping Center
Zoning, Providing for Attachment of
Exhibit "A" as the Approved Site Plan;
Providing for a Penalty; Providing for
an Effective Date; and Providing for
Publication of the Caption.
Mayor Rodenbaugh read the request into the record as follows:
CQ'1
ALLEN CITY COUNCIL
DECEMBER 5, 1985
Page 4
Public Hearing: Request for Specific
Use Permit and Site
Plan Approval on
.623 Acres of Land
for Automotive Lube
and Oil Change
Facility
Requestor: Peter Kavanaugh for
Masterplan (Pit Stop) (Agenda Item IV -A)
and
Ordinance No. 663-12-85 (cont'd)
"Public Hearing on a Request for Specific Use Permit and
Site Plan Approval on .623 Acres of Land to Allow an
Automotive Lube and Oil Change Facility in the Allen
Towne Center Located Adjacent to S. H. 5 and North of
F.M. 2170 and Consider an Ordinance Approving the
Specific Use Permit and Site Plan."
Mr. Peter Kavanaugh, with Masterplan and representing
Pit Stop U.S.A., presented to and spoke before the Council
on this request for site plan approval and a specific use
permit. Mr. Kavanaugh presented the site plan of the
property and reviewed the location, being the northeast
corner of State Highway 5 and Jupiter Road. The site
plan showed the location of the oil change facility on the
site, ingress/egress to the property, parking lot areas,
and landscaping, dumpster location, and fire lanes.
Mr. Kavanaugh described the type of business to be
conducted at this location. He explained that this was
a quick service type facility that would change automobile
fluids, such as motor oil, lubricate your car, and change
out filters while the customer remained in his car. He
pointed out that there would not be any major car repair
or a gasoline purchase at this facility.
Mr. Kavanaugh advised that since this facility is
located next to the Allen Senior High School, he had
made contact with the superintendent of the school to
obtain his input and concerns for this facility. He
then reviewed the details of their conversations.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this request.
Mayor Rodenbaugh closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting held on October 10, 1985, recommended to the City
Council approval of the request as presented.
The Council discussed with Mr. Kavanaugh the proposed
entrance to the facility, how the cars would be stacked
for access to the facility, a concern for traffic stacking
onto Jupiter Road, the closeness of the exit to the inter-
section of Jupiter Road and State Highway 5, the need to
designate the entrance and exit to this facility, how the
oil would be collected from the cars and how it would be
disposed of, how the oil products would be stored in the
facility, what the screening construction of the dumpster
would consist of and the need to have it be made of brick
or masonry, and the use of the design of the exit to deter
people from trying to enter the facility off of State Highway
5. The Council also discussed that this facility was to
be used only for the changing of any car fluids and filters
and for lubrication of the automobile.
PM
ALLEN CITY COUNCIL
DECEMBER 5. 1985
Page 5
Public Hearing: Request for Specific
Use Permit and Site
Plan Approval on
.623 Acres of Land
for Automotive Lube
and Oil Change
Facility
Requester: Peter Kavanaugh for
Masterplan (Pit Stop) (Agenda Item IV -A)
and
Ordinance No. 663-12-85 (cont'd)
MOTION: Upon a motion made by Councilman Koch and seconded
by Mayor Pro Tem Farmer, the Council voted six (6)
for and one (1) opposed, with Councilman Womack
casting the negative vote, to approve the request
for a specific use permit and site plan approval,
in accordance with the recommendation of the Planning
and Zoning Commission, with the additional stipulation
that the screening around the dumpster be of masonry
construction, with wooden gate, and to adopt Ordinance
No. 663-12-85, as captioned previously. The motion
carried.
Public Hearing: Request to Amend
Ordinance No. 664-12-85: An Ordinance of
the City of Allen, Collin County, Texas,
Amending "PD" Planned Development
Zoning Ordinance No. 465-10-83 by Amending
the Site Plan to Include the Attachment of
Exhibit "D" Approved Site Plan for Deve-
lopment of an Additional .335 Acres of
Land Located in the Lewis Weisel Survey,
Abstract No. 978, Presently Delineated
on the Official Zoning Map as a Portion
of "PD" No. 14, Providing for a Penalty;
Providing for an Effective Date; and
Providing for Publication of the Caption
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Request to Amend the Site Plan for
Planned Development No. 14 to Include an Additional
Office Building on .335 Acres of Land Located West
of State Highway 5 and North of F.M. 2170 and
Consider an Ordinance Amending Planned Development
No. 14 and Attaching a Site Plan as Exhibit "A"."
Mr. Thomas Bilich, with Thomas Bilich & Associates, and
representing Larry Francisco with the Exchange Group, spoke
before the Council on behalf of this request.
PEI
Site Plan for
Planned Development
No. 14 to Include
an Additional
Office Building on
.335 Acres of Land
Zoning:
Planned Development No. 14
Location:
West of S.H. 5 and
North of F.M. 2170
Requestor:
Exhange Group (Agenda Item IV -B)
and
Ordinance No. 664-12-85: An Ordinance of
the City of Allen, Collin County, Texas,
Amending "PD" Planned Development
Zoning Ordinance No. 465-10-83 by Amending
the Site Plan to Include the Attachment of
Exhibit "D" Approved Site Plan for Deve-
lopment of an Additional .335 Acres of
Land Located in the Lewis Weisel Survey,
Abstract No. 978, Presently Delineated
on the Official Zoning Map as a Portion
of "PD" No. 14, Providing for a Penalty;
Providing for an Effective Date; and
Providing for Publication of the Caption
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Request to Amend the Site Plan for
Planned Development No. 14 to Include an Additional
Office Building on .335 Acres of Land Located West
of State Highway 5 and North of F.M. 2170 and
Consider an Ordinance Amending Planned Development
No. 14 and Attaching a Site Plan as Exhibit "A"."
Mr. Thomas Bilich, with Thomas Bilich & Associates, and
representing Larry Francisco with the Exchange Group, spoke
before the Council on behalf of this request.
PEI
ALLEN CITY COUNCIL
DECEMBER 5, 1985
Public Hearing: Request to Amend
Site Plan for
Planned Development
No. 14 to Include
an Additional Office
Building on .335 Acres
Requestor: Exchange Group (Agenda Item IV -B)
and
Ordinance No. 664-12-85 (cont'd)
Mr. Bilich explained that the additional office building
would contain 3,325 square feet and using the site plan,
showed the location of the building in relation to the
existing building on the site, the proposed parking lot area,
landscaping, and utility easements on the site.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this request. Mayor
Rodenbaugh closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting held on October 24, 1985, recommended to the City
Council approval of this request as presented.
Bill Petty, Director of Community Development, spoke
before the Council on the request and the utilities to be
placed on the property.
The Council briefly discussed the Planning and Zoning
Commission recommendation and the marking of the fire lane
on the property.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman Pendleton, the Council voted
7 - 0 to approve the request for amendment of the
site plan for Planned Development No. 14 in accordance
with the recommendation of the Planning and Zoning
Commission, as stated; and to adopt Ordinance No.
664-12-85, as captioned previously. The motion carried.
Authorization for Execution
of a Contract for Engineering
on the Second Water Delivery
Point (Agenda Item V)
City Manager Jon McCarty advised the Council that repre-
sentatives from Black and Veatch Engineers -Architects were
present. Those individuals were Chuck Duncan and Gary Talmage..
Mr. McCarty pointed out that Black and Veatch Engineers - Architects
is the firm that was selected by the Council to do the engineering
work for the city's Second Water Delivery Point and that a contract
for those services had been prepared for the Council's review
and consideration. Mr. McCarty stated that a draft of the contract
had been sent to the Council and a final document had been just
recently prepared.
Mr. McCarty then reviewed with the Council the changes in
the final document as compared to the draft document. He
pointed out changes made on pages C-2, C-4, C-5, C-6 and A-1.
Mr. McCarty advised that the contract document had been
reviewed by the City Attorney and that the city staff's recom-
mendation was that the City Council authorize execution of this
final contract document.
►:WMA
ALLEN CITY COUNCIL
DECEMBER 5, 1985
Authorization for Execution
of a Contract for Engineering
on the Second Water Delivery
Point (continued)
Page 7
(Agenda Item V)
The Council discussed with city staff the definition and
length of the professional liability insurance provided for
in the contract.
The Council discussed with city staff the fact that the
City Attorney prepared the assignment rather than their attorneys,
the size of the trucks that will be used for residential collection,
the fact that Moore Industrial will not have an office in Allen
and will have a McKinney telephone number rather than an Allen
telephone number, where the trucks will be serviced, and how
residents will find out about the new service being provided
by Moore.
Mr. Marchetti and Mr. Ventures advised the Council that
they would be sending out letters to all customers regarding
the change in the service and placing ads in the local newspapers.
MOTION: Upon a motion made by Councilman Pendleton and
seconded by Councilman Koch, the Council voted 7 - 0
to authorize the city staff to execute the contract
with Black and Veatch Engineers - Architects for the
engineering services on the Second Water Delivery
Point in accordance with the city staff's recom-
mendation. The motion carried.
Mayor Rodenbaugh recessed the regular session of the
Allen City Council at 8:39 p.m. The meeting reconvened at
8:59 p.m.
Authorizing the Assignment of the
Contract with GSX, Inc., for Solid
Waste Collection and Disposal to
Moore Industrial Disposal, Inc. (Agenda Item VI)
City Manager Jon McCarty advised the Council that repre-
sentatives from GSX, Inc., and Moore Industrial Disposal, Inc.,
were present to speak to the Council on the assignment of
the solid waste contract from GSX, Inc., to Moore Industrial
Disposal. Mr. McCarty then introduced Denny Marchetti, with
GSX, Inc., and Cornell Ventures, with Moore Industrial Disposal.
Denny Marchetti spoke before the Council on the request
by GSX, Inc., to assign their solid waste collection contract
to Moore Industrial Disposal and the various problems that they
had incurred which made this request necessary at this time.
Those problems were not being able to find an alternate disposal
site and the costs incurred by using the McKinney Land Fill,
the need for a request to raise the rates for the solid waste
collection in the city, the location of their main facility
to south of Dallas and the amount of travel time it takes
to service Allen, and the fact that GSX has not achieved the
amount of growth that they had anticipated in the north Dallas
area.
Cornell Ventures, with Moore Disposal, spoke before the
Council on accepting of the assignment of the solid waste
contract for the city and the amount of years that this company
has been in business and the number of areas that Moore services
in Collin County.
City Manager McCarty then advised the Council of some
additional information prepared on this assignment by city
staff and he distributed the prepared information to the
Council. City Manager McCarty then read the assignment
E
prepared by the City Attorney.
The Council discussed with city staff the fact that the
City Attorney prepared the assignment rather than their attorneys,
the size of the trucks that will be used for residential collection,
the fact that Moore Industrial will not have an office in Allen
and will have a McKinney telephone number rather than an Allen
telephone number, where the trucks will be serviced, and how
residents will find out about the new service being provided
by Moore.
Mr. Marchetti and Mr. Ventures advised the Council that
they would be sending out letters to all customers regarding
the change in the service and placing ads in the local newspapers.
ALLEN CITY COUNCIL
DECEMBER 5, 1985
Page 8
Authorizing the Assignment of the
Contract with GSX, Inc., for Solid
Waste Collection and Disposal to
Moore Industrial Disposal, Inc. (cont'd) (Agenda Item VI)
There was further discussion by the Council with the
two representatives regarding the types of trucks to be used
for commercial collection, when Moore Industrial would began
service in Allen, if the commercial dumpsters would be changed
out or stay the same, and if the service would be interrupted
when Moore Industrial takes over service.
Mr. Ventures and Mr. Marchetti advised the Council that
Moore Industrial would began service around January 1, 1986
and that there would be no interruption of solid waste collection
service.
The Council discussed with city staff the legality of
the assignment of the contract and why the city did not just
go out for bids again for solid waste collection service.
City Manager McCarty explained the contents of the
contract to the Council and there was further discussion
on what position the city should consider to take at this time.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Womack, the Council voted 7 - 0 to
approve the assignment of the solid waste disposal
contract from GSX, Inc., to Moore Industrial Disposal.
The motion carried.
aqa
Review Bids and Authorize
Purchase of a Portable Building
for the Police Department (Agenda Item VII)
Police Chief Richard Carroll spoke before the Council
on the solicitation of bids, receipt of bids, the bid opening
held on December 2, 1985, and the tabulation of bids for
the purchase of a portable building for the Allen Police
Department.
Chief Carroll advised of the type of portable building
that was bid which would contain 432 square feet and would
have room for two offices, a restroom, and heating and air
conditioning. Chief Carroll advised that the Parks and
Recreation Department would utilize the building after the
Police Department moves into their new building.
Chief Carroll stated that three bids had been mailed
out and only one bid received from Ramtech in the amount
of $10,644.00. Thus, city staff was recommending that
the bid be awarded to Ramtech.
The Council discussed with city staff what staff would
be located in the portable building, how the Parks and Recreation
Department would utilize the portable building and where,
f
what the plan is for the Police Department building when they
move to new facilities, and how the purchase of this building
will be financed.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to
approve the award of the bid to Ramtech in the amount
of $10,644.00 for the 18' x 24' portable building for
use by the Police Department, in accordance with the
recommendation of city staff, as stated. The motion
carried.
aqa
ALLEN CITY COUNCIL
DECEMBER 5, 1985
Page 9
Review Staff Research and
Consider Approving a Process for
Development of Controls on
Private Clubs Within the City. (Agenda Item VIII)
Bill Petty, Director of Community Development, spoke before
the Council on the research compiled by city staff regarding
private clubs and a proposed process for developing controls
for private clubs in the city.
Mr. Petty advised that information had been obtained
from the cities of Garland, Plano, Carrollton, Rockwall,
and Irving and that some of the common provisions had been:
1. Geographic regulation
2. Food/beverage ratio
3. Operational regulations
4. Minimal seating requirements
5. Site plan and interior design requirements
Mr. Petty stated that the city staff's recommendation
was that members from the City Council and the Planning and
Zoning Commission be appointed to a subcommittee to study
the information provided and state law and prepare a recom-
mendation to be considered by the Planning and Zoning Com-
mission and the City Council.
There was considerable discussion by the Council on
whether the city staff should just prepare an ordinance
and bring it back for consideration, what position the
city should take if requests come before the city for
consideration before a policy on private clubs is completed,
the Council and the Planning and Zoning Commission working
together in a workshop to review the information, setting
an early date for a meeting on this process, why it has
taken so long to bring this information to the Council for
consideration, and scheduling the meeting for January since
this time of the year is so busy.
It was the consensus of the City Council that a meeting
be scheduled for a workshop session of the City Council and
the Planning and Zoning Commission for Tuesday, January 7,
1986, at 7:00 p.m., at the Municipal Annex,to review the
information and discuss the process for private clubs in
the city. City Council also directed the city staff to
provide the Planning and Zoning Commission with the infor-
mation that the Council had been provided and any other
information that the city staff could obtain. City Staff
is to also draft a formal ordinance to be reviewed and dis-
cussed at this workshop session.
Selection Process for
City Flag (Agenda Item IX -A)
City Secretary Marty Hendrix advised the Council that
the idea of a city flag had been presented at the Council's
budget retreat in August. Ms. Hendrix stated that the
city staff was recommending that the flag be made a part
of the Sesquicentennial Celebration in 1986 and be presented
some time during that year. The city staff was also recom-
mending that the Sesquicentennial Committee be contacted and
have someone do a flag design or designs and then make a
recommendation to the Council on the design of the city flag.
In discussion on this process, it was the consensus of
the City Council that the Sesquicentennial Committee proceed
with the soliciting of a design(s) and make a recommendation
to the City Council on the design of a city flag to be pre-
sented during the Sesquicentennial Celebration in 1986.
7g21
ALLEN CITY COUNCIL
DECEMBER 5, 1985 Page 10
Items of Interest to the Council (Agenda Item IX -B)
City Manager Jon McCarty advised the Council that of the
two remaining easements needed for the A.S.A.P. Sewer Line
on the west side of U.S. 75, Mrs. Margaret McDermott had
signed her easement and presented it to the city. The remaining
easement from Richard James had not been received and the
City Attorney has not been able to reach an agreement with him,
therefore, the City Attorney has proceeded with initiating the
procedures for eminent domain to obtain that easement.
Executive Session
(Agenda Item X)
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 7 - 0 to
adjourn into Executive Session at 10:40 p.m. on
Thursday, December 5, 1985. The motion carried.
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 at 10:42 p.m. on Thursday, December 5,
1985, in the Conference Room of the Allen Municipal Annex,
One Butler Circle, Allen, Texas, in order to discuss matters
pertaining to personnel.
The Executive Session was adjourned at 12:06 p.m.
Reconvene into
Regular Session
(Agenda Item XI)
The Allen City Council reconvened into regular session
at 12:07 p.m, on Thursday, December 5, 1985, in the Council
Chambers of the Allen Municipal Annex, One Butler Circle,
Allen, Texas.
Adjournment
MOTION: Upon a motion made by Councilman Koch and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 12:08 p.m. on Thursday, December 5, 1985. The
motion carried.
1985. These minutes approved on the 19th day of December
tea,. L..(
Marty Hendrix, It
TY SECRETARY
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