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Min - City Council - 1987 - 04/16 - RegularALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1987 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson (arrived at 7:40 p.m.) Bobby Glass Jim Pendleton Jim Wolfe Jack Pennington 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 7:33 p.m. on Thursday, April 16, 1987, 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 Pennington and seconded by Councilman Wolfe, the Council voted 6 - 0 (with Councilman Wilson being absent) to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of April 2, 1987 - Regular Session. B. Approval of City Council Minutes of April 9, 1987 - Called - Special Session. C. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Malachi Corporation $ 28,903.72 Project No. 60-002-1 - Addition and Renovation of Central Fire Station - Application No. 1 Period: 3-25-87 2. Hidell Architects $ 401.18 Project No. 60-002-3 - Addition and Renovation of Central Fire Station - Architectural Services - Reimbursable Expenses Period: During March, 1987 3. Hidell Architects $ 21,772.11 Project No. 40-001-3 Construction of New Police & Courts Building - Architectural Services - Reimbursable Expenses Period: During March, 1987 ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1987 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 4. Graham Associates $ 1,215.00 Project No. 90-004-2 Construction of Jupiter Road from F.M. 2170 to White Oak - Engineering, Design and Con- struction surveying of the 12 inch water line on Jupiter Road Period: Thru: 3/17/87 5. Black & Veatch Engineers $ 3,405.44 Project No. 90-003-2 Water System Supervisory Control and Telemetry - Engineering Services Period: Month of March, 1987 6. Black & Veatch Engineers $ 3,533.03 Project No. 90-001-2 Construction of Stacy Road Pump Station (Second Delivery Point) - Engineering Services Period: Month of March, 1987 7. Black & Veatch Engineers $ 12,500.00 Project No. 90-002-2 Construction of 2MG Elevated Water Storage Tower - Engineering Services in Connection with Design, Preparation of Drawings, Specifi- cations and Construction Admini- stration o PeMonth of March, 1987 Period: : 8. SWA Group $ 1,371.91 Project No. 50-003-2 Construction of Sesquicentennial Park - Professional Services - Reimbursable Expenses Period: 2/1/87 - 2/28/87 9. ATI Environmental Services $ 2,445.00 Project No. 50-002-6 Purchase of Special Use Facility - Texan Rod & Gun Club - Park Site Soil Contamination Investigation Period: 3/10/87 10. Acquisition Associates $ 15,222.00 Project No. 75-002-5 Right -of -Way Acquisition - Main Street Phase II and III - Acquisition/Negotiation & Appraisal Services Period: 2/23/87 - 4/4/87 11. Graham Associates $ 1,987.50 Project No. 75-002-2 Construction of Main Street - Phases II and III - Engineering Design of McDermott Drive from S.H. 5 to U.S. 75 Period: Thru: 3/17/87 12. Graham Associates $ 855.00 Project No. 75-002-2 Construction of Main Street - Phases II and III - Engineering Services Relating to Preparing Plats for Folsom Property of SH 5 and F.M. 2170 Period: Thru: 3/17/87 .T. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1987 Page 3 CONSENT AGENDA (cont'd) 13. Graham Associates $ 15,302.50 Project No. 75-002-2 Construction of Main Street - Phases II and III - Surveying for Design of McDermott Drive Period: Thru: 3/17/87 14. Graham Associates $ 2,845.00 Project No. 25-003-2 Construction of Jupiter Road from F.M. 2170 to White Oak - Engineering Services Related to Construction Administration and Construction Staking Period: Thru: 3/17/87 D. Schedule of Taxes Receivable as of March 31, 1987. E. Set May 7, 1987 as the Public Hearings Date on a Request to Annex 60.003 Acres of Land Located North of Stacy Road, West of U.S. 75 and South of the Extension of Ridgeview Drive as Requested by S.R.E. Limited. The motion carried. End of the Consent Agenda Oath -of -Office to Re -Elected Councilman, Place No. 1, and Presentation of Certificate of Election (Agenda Item III -A) City Secretary Marty Hendrix administered the oath -of -office to Joe Farmer, re-elected Councilman to Place No. 1 on the Allen City Council. Mayor Rodenbaugh presented Mr. Farmer with his certificate of election and congratulated him on his election to his sixth term of office. Oaths -of -Office to Newly Appointed Members of the Zoning Board of Adjustment (Agenda Item III -B) City Secretary Marty Hendrix administered the oaths -of -office to the following newly appointed members of the Zoning Board of Adjustment. Board of Adjustment Place No. 1 - Galen Clay Place No. 2 - Ed Lynge Place No. 5 - Tom Visage Alternate Place No. 1 - Les Garrett Select North Central Texas Council of Governments Voting Representative (Agenda Item III -C) City Manager Jon McCarty advised the Council it was time to appoint a voting representative to the North Central Texas Council of Governments. He pointed out that Councilman Jim Pendleton was the representative last year. The Council briefly discussed with Mr. Pendleton his interest in serving as the representative again this year. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pennington, the Council voted 7 - 0 to nominate and appoint by acclamation Councilman Jim Pendleton as the voting representative to the North Central Texas Council of Governments. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1987 Page 4 Public Hearing: Request to Amend the Zoning in Tracts 3, 4 and 5 in Planned Devel- opment No. 22 to "FP -PD" Flood Plain - Planned Development Location: South of Bethany Road, North of Chaparral, East of Cottonwood Creek, West of Allen Heights Requestor: Bethany 409 Venture (Agenda Item IV) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request to Amend the Zoning in Tracts 3, 4 and 5 in Planned Development No. 22 to "FP -PD" Flood Plain - Planned Development, Including the Elimination of Existing Twin-plex Lots, an Overall Net Increase of 68 Dwelling Units, and Reducing Certain Dwelling Unit Sizes and Lot Require- ments on Property Located South of Bethany Road, North of Chaparral, East of Cottonwood Creek and West of Allen Heights Drive, as Requested by Bethany 409 Venture and Consider an Ordinance Amending the Zoning on Planned Development No. 22." Pat Atkins, with Don Tipton Engineers and representing the property owners, presented to and spoke before the Council on this request. Mr. Jim Douglas, with Bethany 409 Venture, was also present at this meeting. Using a large aerial of the City of Allen, Mr. Atkins reviewed the location of Heritage Park Addition, advised of devel- tol opment and of the construction of roadways in that area. Using a color -coded zoning map, Mr. Atkins pointed out the existing zoning on the property located in Planned Development No. 22. He then presented a zoning map with the proposed changes and explained to the Council the request was to place the "Flood -Plain - Planned Development" designation on Tracts 3, 4 and 5 of Planned Develop- ment No. 22, to eliminate the existing twin-plex lots on 12 acres of land and to reduce certain dwelling unit sizes and lot require- ments resulting in an overall increase in dwelling units by 68 for a total of 1339 maximum units. There was a reduction in the 8,000 sq. ft, single family dwelling unit lots to 5,000 to 6,000 sq. ft. lots. Mr. Atkins then presented a concept plan of the layout of the building lots per the requested zoning change. He pointed out the flood plain areas and the proposed street outlays. He advised the concept plan was just a matter of information. 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 meeting held on March 12, 1987, recommended to the City Council approval of the proposal with the stipulations that prior to platting, the flood plain study would be completed and any loss of land would result in a loss of lots rather than reducing lot sizes, and that prior to the shopping center tracts in this Planned Development being developed, the traffic study would be completed requiring Chaparral and Bethany traffic to be maintained at an LOS C. There was considerable discussion on the density existing in the current zoning and the proposed zoning change, if the zero lot line homes were needed in this area, and if eliminating the twin-plex homes and decreasing some of the 8,000 square foot lots was a good trade off. Bill Petty, Director of Community Development, Spoke before the Council on the traffic analysis study done on this property and advised of the traffic concerns along Bethany Road. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1987 Page 5 Public Hearing: Request to Amend the Zoning in Tracts 3, 4 and 5 in Planned Devel- opment No. 22 to "FP -PD" Flood Plain - Planned Development Location: South of Bethany Road, North of Chaparral, East of Cottonwood Creek, West of Allen Heights Requester: Bethany 409 Venture (cont'd) (Agenda Item IV) Pat Atkins and Jim Douglas spoke again before the Council on the request and provided further information and clarification on portions of the request. Bill Petty, Director of Community Development, spoke before the Council on the city's flood plain management study and his discussions with the developer on the number of lots that could be lost as a result of the study. The Council discussed further the number of zero lot line homes that had already been approved in the city, the location of the jogging path in this proposed development, and the need to put back in some 8,000 square foot lots. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:26 p.m. The meeting reconvened at 8:49 p.m. Mr. Atkins advised the Council that they would amend their proposal to include some 50 lots containing 8,000 sq. ft. to be placed along the greenbelt area. With this change, the number of 5,000 to 6,000 sq. ft. lots would be reduced. There was further discussion by the City Council on the adoption of the proposed zoning ordinance and the fact that action needed to be held on it until certain areas of concern regarding this property had been cleared up. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wilson, the Council voted six (6) for and one (1) opposed, with Councilman Wolfe casting the negative vote, to approve the zoning request as pre- sented and in accordance with the recommendation of the Planning and Zoning Commission, as stated, with the stipulation that 50 lots of 8,000 sq. ft. would be put back in the plan with the lots to be located along the greenbelt area and that the zoning ordinance be held until all matters on this property had been cleared up and all fees paid. The motion carried. Review Quarterly Financial Report and Receive a Budget Update (Agenda Item V) City Manager Jon McCarty advised the Council that in the Council agenda packet information had been provided on the quarterly financial reports for the period ending March 31, 1987. Those reports included a summary statement of revenues/expenditures/ expenses for the city, statement of revenues for the general fund, statement of expenditures for the general fund, statement of revenues for the water and sewer fund, and a statement of expenses for the water & sewer fund. Mr. McCarty advised that the Finance Director, Charlotte Smith, would answer any questions regarding these statements. City Manager Jon McCarty advised the Council of the recent review of the city's operating budget and the fact that at the present time, with all factors considered, the city would be looking at a $260,000 to $280,000 shortfall. Mr. McCarty pointed out to the Council that the revenue shortages could be seen in the sales tax, building permits and reimburseable expenses. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1987 Page 6 Review Quarterly Financial Report and Receive a Budget Update (cont'd) (Agenda Item V) Mr. McCarty recommended to the City Council that a workshop session be held to review necessary budget cuts in order to deal with the expected shortfall. Mr. McCarty recommended the meeting dates of April 27, 28 or 29. After a brief discussion by the City Council, it was the consensus of the Council that a meeting be held on Wednesday, April 29th, at 7:00 p.m. at the Allen Municipal Annex. The Council also requested that citystaff provide information on the status of the capital improvement projects and bond expenditure for the workshop session. Consider Amendment to the Contract with Architectural Utilities for Ford Park, Phase II Construction (Agenda Item VT) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the construction of a restroom/concession building to be an amendment with the current construction con- tract for Ford Park, Phase II. Mr. Thornton explained to the Council that the restroom/concession building had been bid as an alternate in the original construction contract but was omitted due to the high per square foot construction cost. Mr. Thornton advised that the architects had revised the building plans for the restroom/concession building and reduced the size of the building. Also, some of the original proposed amenities had been eliminated. Using a floor plan of the build- ing, Mr. Thornton reviewed it with the City Council. He advised that with the changes in the building, the current contractor at Ford Park had submitted a proposal for the construction and the proposed estimate to construct the building was $66,000 or $73.33 per square foot. Mr. Thornton added that the approved budget for this project was $65,000. Mr. Thornton advised the Council that the city staff's recommendation was to amend the contract with Architectural Utilities, to include the construction of the restroom/concession building for the amount of $66,000. He added that if the bidding process was performed, the cost of the project would go over the $1,000 overage already projected. He also stated that by amending the current construction contract with Architectural Utilities, the building would be constructed in a timely manner and at an acceptable quality level as shown in the current work at Ford Park - Phase II. The Council discussed with Mr. Thornton when the building would be completed, what amenities had been eliminated, how the accessibility to the restrooms would be handled, and when the concession area would be ready to use. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton, the Council voted 7 - 0 to authorize the City Manager to execute the appropriate documents to amend the contract with Architectural Utilities in order to construct the restroom/concession building for the cost of $66,000 as a part of Ford Park Phase II construction. The motion carried. Authorization to Execute a Contract with SWA Group to Prepare Design and Construction Documents for Main Street, Phases II and III (Agenda Item VII) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the proposed contract with the SWA Group to prepare design and construction documents for Main Street - Phases II and III. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1987 Page 7 Authorization to Execute a Contract with SWA Group to Prepare Design and Construction Documents for Main Street, Phases II and III (cont'd) (Agenda Item VII) Using the large street layout drawing originally prepared for the McDermott/Allen Drive/Main Street construction project, Mr. Thornton explained to the Council the original proposed concept for landscaping along McDermott from U.S. 75 to State Highway 5. Mr. Thornton advised that the original concept would be looked at and perhaps revised. Mr. Thornton advised that the street lighting along McDermott would be the standard street lights as those used along Bethany Road from U.S. 75 to State Highway 5. There was discussion by the Council on the proposed land- scaping and street lighting. Mr. Thornton advised that it was the city staff's recom- mendation to authorize the execution of a contract with the SWA Group to perform the design and construction documents necessary for the landscaping of Phase II and III of the Main Street/McDermott Drive Project. Mr. Thornton pointed out the preliminary estimates for the project costs were $233,000, with the fees proposed by SWA being $21,500, which would include re- imbursable expenses. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pennington, the Council voted 7 - 0 to authorize the City Manager to execute the contract with the SWA Group to perform the design and construction documents necessary for the landscaping of Phase II and III of the Main Street/McDermott Drive Project, in accordance with the city staff's recommendation, as stated. The motion carried. Tabled Item: Consideration of Award of Bid on the Roller for the Street Department (Agenda Item VIII -A) City Manager Jon McCarty advised the Council that he had not had an opportunity to work with the City Engineer on the bid tabulations for the roller for the Street Department, therefore, he requested that this item be left on the table. There was no action taken on this item. Legislative Program (Agenda Item VIII -B) Michael Stanger, Administrative Assistant to the City Manager, spoke before the Council on the status of the current legislation pending before the Texas Legislature. Mr. Stanger provided the Council with some handout infor- mation showing bills, the status of the City Council on the bill, and the status of the bill in the legislature. Mr. Stanger re- viewed the information with the Council and provided any additional information that he had obtained on the contents of the bills, specifically the "open meetings law". The Council discussed with city staff the reasoning behind the proposed bill that would place all collections of taxes as the responsibility of the Central Appraisal District. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1987 Annual Council Photograph City Secretary Marty Councilman Jerry Wilson had photograph be changed from first meeting in June. It that the annual photograph Meeting. Collin County Public Officials Association Page 8 (Agenda Item VIII -C) Hendrix advised the Council that requested that the Council's the first meeting in May to the was the consensus of the Council be taken at the June 4th Council (Agenda Item VIII -D) Mayor Pro Tem Farmer reminded the City Council of the upcoming meeting of the Collin County Public Officials Associa- tion to be held on Thursday, April 23, at 6:30 p.m. at the Holiday Inn in McKinney and encouraged Council Members to attend. He advised that the program would be a legislative update on important bills pertaining to municipalities and school districts. 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 VIII -E) Councilman Jim Wolfe discussed with the Council and the city staff the possibility of grooving the street pavers located on the curve where McDermott Drive turns into Allen Drive. The city staff advised that they would check into the matter. Councilman Wolfe stated that he had noticed that his automobile's rear tires had a tendency to slide on the pavers and wondered if anyone else had noticed this happening to them. Mayor Rodenbaugh adjourned the regular session of the Allen City Council into Executive Session at 9:54 p.m. Executive Session (Agenda Item IX) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2f and 2g, the Allen City Council convened into executive session at 10:00 p.m. in the Conference Room of the Allen Municipal Annex in order to discuss matters pertaining to personnel and property. The executive session was adjourned at 11:45 p.m. The Allen City Council reconvened into regular session at 11:47 p.m. in the Council Chambers of the Allen Municipal Annex. Council Employees Merit Pay Plan (Agenda Item X -A) MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Glass, the Council voted 7 - 0 to authorize the Mayor to instruct merit pay be provided to the City Manager and City Secretary based on the discussions held in the executive session. The motion carried. Proposal. for Main Street Right -of -Way Acquisition (Agenda Item X -B) MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Glass, the Council voted five (5) for, one (1) opposed, with Councilman Pendleton casting the negative vote, and one (1) abstention from Councilman Pennington, to refuse the offer of right-of-way purchase tendered by Allen National Bank and to continue the original offer for the whole property and to authorize the Mayor and City Manager to discuss other considerations with the property owner. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION APRIL 16, 1987 Adjourn Page 9 MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pennington, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 11:58 p.m. on Thursday, April 16, 1987. These minutes approved on the 7th day of MAY 1987. APPROVED: ATTEST: N'\G,i-A)�v\ Marty Hendrix, VC, CITY SECRETARY