Min - City Council - 1987 - 05/07 - RegularCITY OF ALLEN
ANNEXATION PUBLIC HEARING
MAY 7, 1987
60.0033 Acres
Present:
City Staff:
Marty Hendrix, City Secretary
These minutes reviewed and approved on this the 7th
day of MAY, 1987.
Marty Hendrix, C, City Secretar
In accordance with Article 970(a), V.A.T.C.S., the
public hearing was called to order by City Secretary Marty
Hendrix at 1:00 p.m. on Thursday, May 7, 1987, in the
Council Chambers of the Allen Municipal Annex, One Butler
Circle, Allen, Texas.
City Secretary Marty Hendrix advised that the 60.0033
acres of land out of the Francis Dosser Survey, Abstract No.
280, and the George Phillips Survey, Abstract No. 701,
Collin County, Texas, has been requested to be annexed into the
Allen city limits by the property owner, Ray W. Washborne,
S.R.E. Ltd.
City Secretary Marty Hendrix advised that the property
was located north of Stacy Road, west of U.S. 75 and south
of the extension of Ridgeview Drive. She also advised that
the prepared service plan for the 60.0033 acres was available
for public review.
v
City Secretary Hendrix opened the public hearing. No one
appeared to speak either for or against this annexation request.
Ms. Hendrix closed the public hearing.
The public hearing was adjourned at 1:15 p.m.
These minutes reviewed and approved on this the 7th
day of MAY, 1987.
Marty Hendrix, C, City Secretar
NO
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 7, 1987
Present:
Donald P. Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jerry Wilson
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 7:30 p.m. on Thursday, May 7,
1987, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item II)
At the request of Councilman Wolfe, Consent Agenda Item "E"
was removed for individual consideration.
MOTION: Upon a motion made by Councilman Pennington and seconded
by Councilman Wilson, the Council voted 7 - 0 to approve
and adopt all remaining items on the Consent Agenda as
recommended and as follows:
A. Approval of City Council Minutes of April 16, 1987 -
Regular Session.
B. Approval of City Council Minutes of April 29, 1987 -
Called - Special Workshop Session.
C. Authorization to city staff to pay bills associated
with the 1985 Capital Improvement Program as follows:
1. Architectural Utilities $ 70,490.00
Project No. 50-002-1
Construction of Ford Park -
Phase II - Application No. 4
Period: 4/30/87
2. Jim Lea and Associates $ 12,124.00
Project No. 50-002-6
Construction of Ford Park -
Phase II - Bleachers and
Transport Trailer
Period: 4/17/87
3. SWA Group $ 1,302.22
Project No. 50-003-2
Construction of Sesquicentennial
Park - Professional Services -
Reimbursable Expenses $ 96.06
Period. 3/1/87 - 3/31/87
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 7, 1987
Page 2
6. Goodbrand Construction, Inc. $ 53,862.20
Project No. 90-001-1-A
Construction of Stacy Road Pump
Station (Second Delivery Point) -
Estimate No. 8
Period: 3/25/87 - 4/25/87
7. Law Offices of Earl Luna, P.C. $ 1,867.50
Project No. 90-002-6
Construction of 2 MG Elevated Water
Storage Tower - Fees for legal inter-
pretation of the status of the 1.79
acre site for the 2MG Elevated Water
Tower after foreclosure
Period: During March, 1987
CONSENT AGENDA (cont'd) (Agenda
Item II)
4. Hidell Architects $
7,751.08
Project No. 55-001-3
Construction of New Library
Building - Architectural Services -
Period: 4/16/87
Reimbursable Expenses
9. Hidell Architects
Period: During March, 1987
tarl
Construction of new Police and
5. Goodbrand Construction, Inc. $
148,725.35
Courts Building - Architectural
Project No. 90-001-1-A
Services
Construction of Stacy Road Pump
Period: During April, 1987
Station (Second Delivery Point) -
10. Marriott Construction, Inc.
Estimate No. 7
Project No. 75-003-1
Period: 2/25/87 - 3/25/87
6. Goodbrand Construction, Inc. $ 53,862.20
Project No. 90-001-1-A
Construction of Stacy Road Pump
Station (Second Delivery Point) -
Estimate No. 8
Period: 3/25/87 - 4/25/87
7. Law Offices of Earl Luna, P.C. $ 1,867.50
Project No. 90-002-6
Construction of 2 MG Elevated Water
Storage Tower - Fees for legal inter-
pretation of the status of the 1.79
acre site for the 2MG Elevated Water
Tower after foreclosure
Period: During March, 1987
8. Corrosion Consulting and Inspection
Services
$ 2,925.00
Project No. 90-001-6
Construction of Stacy Road Pump
Station - Testing and inspection of
the paint system used on the 2MG tank
Period: 4/16/87
9. Hidell Architects
$ 11,153.44
Project No. 40-001-3
Construction of new Police and
Courts Building - Architectural
Services
Period: During April, 1987
10. Marriott Construction, Inc.
$ 126,794.07
Project No. 75-003-1
Construction of Jupiter Road from
F.M. 2170 to White Oak - Estimate
No. 4
Period: 3/26/87 - 4/25/87
11. Marriott Construction, Inc.
$ 5,134.75
Project No. 90-004-01
Construction of Jupiter Road from
F.M. 2170 to White Oak - 12" water
line installation - Estimate No. 4
Period: 3/26/87 - 4/25/87
D. Review a Sign Variance Request Granted
to Shelley
Investments, Inc.
The motion carried.
End of the Consent Agenda
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 7, 1987
Page 3
Ordinance No. 790-5-87: An
Ordinance of the City of Allen,
Collin County, Texas, Repealing
Ordinance No. 671-1-86, and a-
mending Planned Development Zon-
ing Ordinance No. 507-5-84, to
Include the Attachment of Exhibit
"E", Amended Approved Concept Plan,
Land Use, and Area Regulations for
Development of the 356.7 Acres of
Land out of the 408.57 Acre Tract
Located in the G.W. Ford Survey,
Abstract No. 328, and the R.C.
Whisenant Survey, Abstract No. 1012,
Collin County, Texas, Presently
Delineated on the Official Zoning
Map as Planned Development No. 22;
Providing for a Penalty; Providing
for an Effective Date; and Providing (Consent Agenda
for Publication of the Caption. Item E)
Councilman Jim Wolfe advised the Council that he had
requested that this item be removed from the Consent Agenda
for individual consideration and discussion. He pointed out
to the Council the city staff's comments in the agenda packet
which stated that the 50 lots to be 8,000 sq. ft. along the
open space area were produced by reducing the number of 6,000
sq. ft. lots and not be reducing any of the smaller lot sizes.
He added that the minimum dwelling unit size also had not been
changed from the 1300 sq. ft. size on the 8,000 sq. ft. lots.
Mr. Wolfe advised the Council that he wondered if that had
been the intention of the motion on the approval of this request.
Pat Atkins, with Don Tipton Engineering and representing
the property owner, Bethany 409 Venture, spoke before the Council
on the location of the 50 lots containing 8,000 sq. ft. He also
provided the reasoning behind taking out just the 6,000 sq. ft.
lots, which was that those 6,000 sq. ft. lotswere in the location
of the area along the open space. He also advised the
Council that the 1300 sq. ft. minimum dwelling unit size had been
maintained in order to keep the house sizes in that district
consistent.
There was discussion by the Council on the intent of
the motion to approve this request, the number of 6,000 sq.
ft. lots that had originally been in this plan and how many
existed after the reduction, the minimum house size in the
8,000 sq. ft. lots on the other side of the creek, and that
there should be an understanding that it was not the intention
of the Council that a 1,300 sq. ft. dwelling unit be built on
an 8,000 sq. ft. lot.
In further discussion on the intent of the original
approving motion, Mayor Pro Tem Farmer advised the developers
that there should be an understanding that the minimum dwelling
unit size for the 8,000 sq. ft. lots should be consistent in
district 3. Mr. Atkins advised that the minimum dwelling unit
size in the other 8,000 sq. ft. lots was 1450 to 1750 sq. ft.
The Council concluded with the developers that the 8,000 sq. ft.
lots would have a minimum dwelling unit size of 1450 to 1750.
Mayor Pro Tem Farmer also briefly discussed with city staff if
the other concerns regarding this property had been resolved and
city staff indicated to the Council that they had been.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
approve and adopt Ordinance No. 790-5-87, as captioned
previously, and per the discussions that all concerns
regarding this property had been resolved and that the
8,000 sq. ft. lots be consistent with 1450 to 1750 sq.
ft. minimum dwelling unit sizes in district 3.
The motion carried.
".i
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 7, 1987
Public Hearing: Request for a Specific
Use Permit to Allow a
Church Facility in
Existing Bethany Plaza
Shopping Center
Zoning: Shopping Center "SC"
Location: 717 South Greenville
Requestor: Allen Church of Christ
and
Ordinance No. 791-5-87: 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 Attach a
Specific Use Permit for a Church There-
fore Restricting Suite 115 of the Bethany
Plaza Shopping Center, A Multi -use Structure
Located in the Bethany Plaza Shopping Cen-
ter Addition to the City of Allen, Collin
County, Texas, out of the William Perrin
and R. Sewell Surveys, Abstracts No. 708
and 875; Presently Delineated on the Of-
ficial Zoning Map as "SC" Shopping Center;
Providing for a Termination of the Use;
Providing for a Penalty; Providing for an
Effective Date; and Providing for Publi-
cation of the Caotion.
Page 9
(Agenda Item III -A)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request for a Specific
Use Permit to Allow a Church Facility in the Exist-
ing Bethany Plaza Shopping Center Located at 717
South Greenville as Requested by the Allen Church
of Christ and Consider an Ordinance Approving the
Specific Use Permit."
Don Webb, member of the Allen Church of Christ, spoke
before the Council on the church's request to lease space in
the Bethany Plaza Shopping Center at 717 S. Greenville in order
to hold their services. Mr. Webb advised of the hours of
operation for the church.
Mr. Webb also spoke before the Council on their appearance
before the Planning and Zoning Commission and the concerns stated
by the other tenants regarding the parking problems that could
exist between the parishioners and customers for the other stores.
Mr. Webb also advised the Council of the change in ownership
of the property and the church's follow-up with the new ownership
to insure that their request for a lease was still valid.
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 April 9, 1987, recommended to the City Council
approval of the request, with the stipulation that the church
will request their parishioners not to park in the first line
of parking spaces to the abutting property owners, and to include
that this Specific Use Permit will terminate when this Allen
Church of Christ vacates the property.
The Council discussed with Mr. Webb and city staff what
act or action would terminate the church's use of the property
and what final authority would state that the church had vacated
the property. The Council also discussed with city staff the
Planning and Zoning Commission's finding that stated, "The lease
could ease the tax burden of all the tenants," and what that
statement meant since churches are tax exempt.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 7, 1987 Page 5
Public Hearing: Request for a Specific
Use Permit to Allow a
Church Facility in
Existing Bethany Plaza
and
Ordinance No. 791-5-87 (cont'd)
MOTION: Upon a motion made by Councilman Pennington and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
approve this request as presented and in accordance with
the recommendation of the Planning and Zoning Commission,
as stated; and to adopt Ordinance No. 791-5-87, as cap-
tioned previously. The motion carried.
Public Hearing: Request to Annex
60.0033 Acres of
Land into the City
Location: North of Stacy Road,
West of U.S. 75, and
South of the Extension
of Ridgeview Drive
Requester: S.R.E. Limited (Agenda Item III -B)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request to Annex
60.0033 Acres of Land Located North of Stacy Road,
West of U.S. 75, and South of the Extension of
Ridgeview Drive as Requested by Property Owner,
S.R.E. Limited."
Mike Hoffman, with J. T. Dunkin & Associates and representing
the property owner, spoke before the Council on this request to
annex 60.0033 acres of land into the corporate limits of Allen.
City Secretary Marty Hendrix advised the Council that a
public hearing had been held at 1:00 p.m. in the Council
Chambers on Thursday, May 7, 1987. Ms. Hendrix stated that the
minutes of those proceedings had been prepared and were provided
to the Council for their review. She also advised that the service
plan for the 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 annexation request. Mayor
Rodenbaugh closed the public hearing.
Mayor Rodenbaugh advised that there would be no action
taken on this annexation request at this time. He stated
that the annexation ordinance would be considered by the Allen
City Council at their regular meeting to be held on June 4, 1987.
Select Paint Color and
Logo for the 2 MG Elevated
Water Storage Tank (Agenda Item IV)
Ernie Hoback, Director of Public Works, spoke before the
Council on the need to select a color and a logo design for the
2 MG elevated water storage tank to be constructed on the west
side of U.S. 75, north of Rowlett Road, and to consider any
additional lighting for the tank.
Mr. Hoback reiterated for the Council the concerns of the
residents of Kitty Hawk Airport regarding the visibility of the
tank for aircrafts during the day and the lighting of the tank
at night. He also advised of contacting the FAA regarding any
requirements that the city had to meet since this water tower
would be in the flight pattern of the Kitty Hawk Airport. They
had advised him that there were no special regulations on the
city.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 7, 1987
Select Paint Color and
Logo for the 2 MG Elevated
Water Storage Tank (cont'd)
Page 6
(Agenda Item IV)
Mr. Hoback then presented a slide presentation of the
various types of water towers in other cities and how they
had been painted, lighted, and what logos had been used. Mr.
Hoback advised the Council of the additional costs for two-tone
painting of the tower and any additional lighting that might
�+ be placed around the pedestal of the tank. The Council discussed
the additional lighting and the high cost involved.
Mr. Hoback advised the Council that it was the city staff's
recommendation that the proposed color be white or off-white and
that the city's flag design be used as the logo on the tank, in
the red and blue colors.
The Council discussed with city staff the type of alkyd
enamel and silicone alkyd paints used to paint the existing
tanks and how they had a tendency to turn a chalky color after
several years. It was suggested by Councilman Pendleton that
city staff research the use of urathane paints as to the cost
and the durability and perhaps consider the use of that type
of paint on the water tower. Mr. Hoback advised that he would
have the engineering firm check into this matter. It was also
recommended by the Council that Mr. Hoback request a letter
from the FAA stating the same facts that were told to him
in their telephone conversation regarding the Kitty Hawk Airport
and that there were no special requirements to be placed on the
city for the water tower as to visibility.
MOTION: Upon a motion made by Councilman Pennington and seconded
by Councilman Wilson, the Council voted 7 - 0 to approve
(101 the city staff's recommendation that the 2 MG water storage
tank be painted a white color, with the city's flag as
the logo design on the tank, that no additional lighting
be added at this time, and that the city staff proceed
with obtaining information on the urathane paint for
Council's consideration. The motion carried.
Mayor Rodenbaugh recessed the regular meeting of the Allen
City Council at 8:25 p.m. The meeting reconvened at 8:34 p.m.
Tabled Item: Consider Awarding
Bid for Vibratory Roller (Agenda Item V)
City Manager Jon McCarty spoke before the Council on this
item and the review of the bid specifications, the review of
the information provided by the bidders on their bid sheets, and
contact with cities and contractors that perform asphalt over-
lays to see what specifications are important in a street roller.
Tom Glab, City Engineer, distributed to the Council a
comparison of the specifications from the companies that had
submitted bids and then explained to the Council this spread
sheet.
The Council reviewed the bid spread sheet and discussed
with the city staff if this was the same bid that had been
recommended previously and if roller would meet the requirements
of the city.
The city staff recommendation was to award the bid to
J. I. Case for the Model 252 Vibratory Roller in the amount of
$16,675.00
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Councilman Pennington, the Council voted 7 - 0 to
approve the award of the bid to J. I. Case for the
Model 252 Vibratory Roller in the amount of $16,675.00,
in accordance with the city staff's recommendation.
The motion carried.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 7, 1987
Legislative Update
Page 7
(Agenda Item VI -A)
Michael Stanger, Administrative Assistant, distributed
to the City Council a current status list of the legislative
packet pending before the state legislature and reviewed it
briefly with the Council.
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 VI -B)
City Manager Jon McCarty advised the Council of the need
to meet with the Planning and Zoning Commission on May 14th to
continue discussions on the proposed changes to the city's
Zoning Ordinance. Mr. McCarty advised that the recommended
date for the next meeting was Thursday, May 14th, at 7:30 p.m.
in the Council Chambers, since there were no items to be placed
on the agenda for the regular meeting of the Planning and Zoning
Commission. After a brief discussion on the meeting date and time,
it was the consensus of the Council that the workshop be held
on the recommended date and time.
City Manager Jon McCarty advised the Council of information
that he had received which indicated that Quest Medical was going
to redeem the bonds that were issued by the Allen Industrial
Development Corporation to build their new facilities in Allen.
Mr. McCarty advised that he had contacted the Vice -President of
Quest Medical concerning this matter. He had been advised that
Quest Medical's business had just not been what they had expected
it to be at this time and they would not be building their new
facilities in Allen at this time. Quest Medical did still own
the property and would be holding on to it just in case their
business did improve. Mr. McCarty advised the Council that the
bonds had to be used within two years of issue and they had
been issued in 1985. The Council discussed with the City Manager
how long a period of time is involved and how the procedure is
handled if the bonds have to be requested again, since the pro-
cedure has been changed. This item was received as a matter of
information.
City Manager Jon McCarty provided background information on
the issuance of the city's 1986 general obligation bonds and the
fact that in the bond sales process, the city can determine an
optional redemption date which the city can use to call back
their bonds before maturity. Mr. McCarty advised that the "par
call" date that had originally been considered by the city was for
a 12 -year period of time and then it had been changed to a 10 -year
period. The city's bond agent had recently discovered that the
official statement for the bonds showed the correct par call date,
however, the city's bond ordinance still shows the 12 -year par
call date. Mr. McCarty advised the Council that at this time
this situation was not causing the city to lose money, however,
if the city were to redeem the bonds between 1996 and 1998, then
in that event the city could lose money if the interest rates are
lower than are being paid based on the 1986 General Obligation
bond sale. The Council discussed this situation with city staff
and directed the City Manager to keep a close look on this parti-
cular situation and to notify them if there were any changes in
the market conditions. This item was received as a matter of
information.
Mayor Rodenbaugh advised the Council that the Council -
appointed North Texas Municipal Water District Committee needed
to hold a meeting to discuss certain items. Mayor Rodenbaugh
advised that the members of that committee consisted of himself,
Mayor Pro Tem Farmer, and Jack Pennington. Mayor Rodenbaugh
advised that the recommended date for the meeting was Tuesday,
May 12, 1987 at 7:00 p.m. at the Allen Municipal Annex. The other
members concurred on the proposed meeting date and time.
ALLEN CITY COUNCIL
REGULAR SESSION
MAY 7, 1987 Page 8
Items of Interest
to the Council (cont'd) (Agenda Item VI -B)
Mayor Rodenbaugh advised the Council of a request from
Mr. Wedgeworth, the Publisher of The Allen American, regarding
the city's soliciting license and the fact that the costs of
obtaining a solicitor's license for the newspaper to solicit
subscriptions was prohibitive and the number of days that
a person can go out and solicit is also inconvenient. He
�r was appearing before the Council requesting exception to
the requirements of the ordinance.
The Council discussed with city staff the requirements
of the ordinance, the cost of the licenses, the exemptions
from the cost of the license, and the intent of the ordinance.
After discussion on Mr. Wedgeworth's request, the City Council
directed the City Secretary to check into the amending of the
ordinance in order to permit newspaper soliciting.
Mayor Pro Tem Farmer discussed with Mr. Wedgeworth the
article that appears in the newspaper that is written by the
School Superintendent, Dr. Davenport, and if the city would
be allowed to participate in that way. Mayor Pro Tem Farmer
suggested that the Mayor or the City Manager submit articles
for the newspaper at some time in the future.
Authorize Execution of a Contract
with Harvey Moore for Consulting
Services Relating to Police/Courts
and Library Buildings (Agenda Item VII)
City Manager Jon McCarty advised the Council that he had
not had an opportunity to finalize the contract with Mr. Moore
(`oe
for consideration of this item.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Wolfe, the Council voted 7 - 0 to table
this item until a later time. The motion carried.
Adjournment
MOTION: Upon a motion made by Councilman Pennington and seconded
by Councilman Wolfe, the Council voted 7 - 0 to adjourn
the regular session of the Allen City Council at 9:25 p.m.
on Thursday, May 7, 1987. The motion carried.
These minutes approved on the 21st day of MAY
1987
APPROVED:
Le Donald P. Rodenbaugh, MAYOR .---
ATTEST:
Marty Hendrix, , CITY SECRETARY
^.�