Min - City Council - 1981 - 05/07 - RegularALLEN CITY COUNCIL
Regular Session
May 7, 1981
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Glenn Andrew
Ward Paxton
Richard L. Chumbley
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called to
order by Mayor Pierson at 7:30 p.m. on Thursday, May 7, 1981, at
Rountree Elementary School, 800 E. Main Street.
CONSENT AGENDA
(Agenda Item II)
Upon a motion made by Councilman McClure and seconded by
Councilman Daugherty, the Council voted 7 - 0 to approve and adopt
all items on the Consent Agenda as recommended and as follows:
A.
Minutes of April 16, 1981 - Regular Session
B.
Minutes of April 28, 1981 - Called - Special
Session
C.
Notification of Acceptance by Lone Star Gas
Company
of the Amendment to the Franchise Ordinance,
being
Ordinance No. 330.
D.
Set date for Public Hearing for May 21, 1981
to
consider a zoning special exception request
to erect
a subdivision sign in a residential area.
E.
Set date for Public Hearing for May 21, 1981
to consider
a request for a zoning special exception to
maintain a
subdivision sign in a residential area.
F.
Set date for Public Hearing for May 21, 1981
to
consider a proposed annexation of property located
at 800 E. Main Street.
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CONSENT AGENDA (cont'd) (Agenda Item II)
G. Resolution No. 341: Authorizing the Submission of
an Application to the Texas Criminal Justice Division
Requesting Third Year Law Enforcement Assistance
Administration Funds and Designating the City Manager
to Act in Behalf of the City of Allen in Applying for
These Funds.
H. Authorization to City Staff to pay the following bills
associated with the 1979 - 82 Capital Improvements
Program:
1. W.H.F. Electrical Contractors, Inc. $ 11,137.70
Contract No. 800502 - Lighting
Construction at Hillside Park and
Jupiter Road Park
2. Wisenbaker, Fix & Associates:
a. Engineering Services 126.00
b. Preparation of Plans & Specs 1,800.00
WFA #1230, Alley G off of Ola Lane
3. Texas Contractor 261.90
Notice to Bidders
4. S. R. Davies 8,266.50
Contract No. 800704 - Piping at
Hillside Park Pump Station
5. Neumann Company Contractors, Inc. 29,947.50
Contract No. 800703 - Painting of
Hillside Park Water Storage Tanks
6. Ronald E. Fix and Associates:
a. Contract 800703, Inspection Fee 1,200.00
for March, 1981
b. Contract 800704, Engineering Fee 66.66
C. Contract No. 810207B, Water Line C
for Bethany Road - Plans & Specs 3,136.00
d. Contract No. 810207, Water Line B
for Bethany Road - Plans & Specs 1,402.64
e. Contract No. 800703, Engineering Fee 237.00
for April, 1981
f. Contract No. 800502, Engineering Fees
and Inspection Fees - March & April, 322.30
1981
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Public Hearing: Exchange Park Development (Agenda Item III -A)
Rezoning of 40 Acres
Henry Wetzel Survey
Abstract No. 1026
Mayor Pierson read the request into the record as follows:
"A zoning change request on 40 acres located at the northeast
corner of Highway 5 and Exchange Parkway from LR, R16, and
a portion of R4 to GB -PD (General Business - Planned Develop-
ment)."
The Planning and Zoning Commission recommended approval of the
request as presented.
Irving Hill, representing the property owners, spoke before the
Council on behalf of the request. Mr. Hill presented an abstract plan
showing the proposed development for the GB -PD zoning request, being
a cluster of eight retail buildings to make up a retail shopping area
and with an office building located to the north, having either one,
�+ two or three stories, and showing parking and landscaping.
Mr. Hill also reviewed with the Council drawings showing the
existing parcels of land involved in the proposed rezoning, being
13 acres zoned R-16, 8 acres zoned LR and 75 acres zoned R4. The
drawings also included the proposed rezoning, being one parcel
zoned GB -PD containing 40 acres and the remaining R4 parcel containing
56 acres.
Mayor Pierson opened the Public Hearing.
There was considerable discussion on the rezoning request
being premature with respect to development of this particular area,
and with no real definite development plans being presented. Other
areas discussed were the existing zoning to the east, west and south,
and the need by the Council to look at the entire area north of
Exchange Parkway as to the zoning existing now and for the future.
It was pointed out that the City was presently working on the new
Zoning Ordinance and the existing zoning could be subject to change.
Ching Mao, one of the property owners of this site, spoke before
the Council on the need for the zoning change in order to find
interested investors for the retail shopping center and office
building, then a definite plan for development could be accomplished.
With no one else appearing to speak either for or against the
request, Mayor Pierson closed the Public Hearing.
Upon a motion made by Mayor Pro Tem Farmer and seconded by Council-
man Andrew, the Council voted 7 - 0 to deny the zoning change request.
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Public Hearing: Lots 1 & 1B, Block 8 (Agenda Item III -B)
Whisenant Addition
Rezoning from R16 to OS
402 & 404 W. McDermott
Mayor Pierson read the request into the record as follows:
"A zoning change request located at 402 and 404 W. McDermott
from R16 to OS (Office Service)."
James Griffin, real estate agent and owner of the property,
spoke before the Council on behalf of this request. Mr. Griffin
presented a site plan of the existing building (presently a residential
duplex), showing the proposed customer parking area in the front of
the building, the proposed employee parking area on a lot in the rear
of the building, and also showing the front elevation of the building
with proposed renovation to the garage area. Mr. Griffin would have
his real estate office at this location.
Mayor Pierson advised that the Planning and Zoning Commission
had recommended approval of the request to OS, with the provisions
that PD be attached to allow site plan approval regarding parking.
Building Official Bill Petty spoke before the Council on the
number of required parking spaces, being seven (7), and advised
the Council on matters concerning the employee parking area in the
rear of the building and the access to it from the alley.
Mayor Pierson opened the Public Hearing.
There was a brief discussion on the front parking area and
turn around area and the exact location of the property.
With no one appearing to speak either for or against the request,
Mayor Pierson closed the Public Hearing.
Upon a motion made by Councilman Andrew and seconded by Council-
man McClure, the Council voted 7 - 0 to approve the rezoning request
as presented, being from R16 to OS (Office Service).
Public Hearing: Special Exception Use (Agenda Item III -C)
Extension Request -
Allen Rentals & Sales
203 E. Main Street
Mayor Pierson read the request into the record as follows:
"Special exception extension request to obtain an outdoor com-
mercial use in a local retail district for the purpose of
displaying equipment to advertise and with an accessory use
of small engine repair located at 203 E. Main Street."
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Dale Burton, the proponent, spoke before the Council on behalf
of this request. Mr. Burton advised that he is requesting an
extension of two (2) years for the accessory use of small engine
repair at this location and the allowance for the display of equipment
for advertising purposes extension of one (1) year, in order that
both special exception uses may expire in 1983.
Mayor Pierson opened the Public Hearing.
Mr. R. K. Cavin, property owner at 300 E. Main, spoke before
the Council against this request.
Upon Council's request, City Manager Jon McCarty advised that
City Hallhad not received any complaints against this business.
Mr. Burton also advised that he had talked with several of the
adjoining property owners and they had no objections to his business.
With no one else appearing to speak either for or against the
request, Mayor Pierson closed the Public Hearing.
Upon a motion made by Councilman Chumbley and seconded by
Councilman Paxton, the Council voted 7 - 0 to approve the extension
of the special exception uses as requested, being two (2) years for
'( the accessory use of small engine repair and one (1) year for the
display of equipment for advertising purposes until May 7, 1983.
Review of Bids and Bid Alternates (Agenda Item IV)
and Consider Awarding a Contract
for Construction of the Fire Station
Jim Bullock, with Fisher Spillman Architects, presented the
Council with the bid tabulation sheets of all bids received at
bid opening held on April 30, 1981; bid comparisons of the two
lowest bidders, being Grice-Camp and Division Products; total
project costs; and project references on the two lowest bidders.
Mr. Bullock also presented a drawing of the Fire Station with
color -coded identification of the proposed alternates for this
project. He reviewed with the Council the comparison of the two
lowest bidders and the proposed alternate bids for the project.
There was considerable discussion on the funds available for
the entire project, construction days indicated by the two low
bidders, project references for the two low bidders, penalty
clauses in contracts to insure timely completion of projects, and
availability of construction materials for the project.
The City Council also reviewed a letter from the City Attorney
pertaining to awarding the contract to the lowest bidder.
Bob Camp, with Grice-Camp, spoke before the Council on his
proposed bid and the working days indicated in the bid.
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{ Ron Howard and Jim Groce, with Division Products, spoke before
the Council on their proposed bid and the number of working days
indicated in their bid.
After discussion, Councilman Paxton made a motion to award the
construction contract for the Fire Substation in the total of
$352,000 to the apparent low bidder, being Grice-Camp. The motion
was seconded by Councilman Daugherty.
In further discussion, Mayor Pro Tem Farmer made a motion to
amend the main motion to table the award of the bid until
the next regular Council meeting, being May 21, 1981. The motion
was seconded by Councilman Chumbley.
Discussion continued and Tom Johnson, property owner at
705 Concord, spoke before the Council on his concern for the delay
in awarding the bid and the need for a Fire Substation on the east
side of Allen.
The Council voted three (3) for and four (4) opposed to award
the construction contract for the Fire Substation in the total of
$352,000 to the apparent law bidder, being Grice-Camp, with Council
Members Farmer, Andrew, McClure and Chumbley casting the negative
votes.
The Council voted four (4) for and three (3) opposed to table
the awarding of the bid until the next regular Council meeting,
being May 21, 1981, with Mayor Pierson, Councilman Paxton and
Councilman Daugherty casting the negative votes.
Mayor Pierson recessed the regular session of the Allen City
Council at 9:21 p.m. The meeting reconvened at 9:41 p.m.
Presentation and Adoption of the (Agenda Item V)
1980-85 Capital Improvements Program
City Manager Jon McCarty spoke briefly before the Council
on the consideration of the Capital Improvements Program and
that the Council had been provided with the recommendations of
the Planning & Zoning Commission, Parks & Recreation Board and
Library Board. Maps of each year's projects had also been provided
to them.
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Ron Fix, City Engineer, spoke before the Council on the 1980
85 Capital Improvements Program and reviewed each year's program
for construction of City buildings, parks, streets, water and
sewer projects as they appeared in the booklet.
Council discussed various items in the program, being land
purchases for additional fire station sites and water towers,
flexibility of the program in regard to street repairs, the grant
for the Jupiter Road bridge, adjustments to be made as a result
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of the assessment program for street paving, and a need for a
City policy on assessments for street paving.
Upon a motion made by Mayor Pro Tem Farmer and seconded by
Councilman Chumbley, the Council voted 7 - 0 to adopt as a general
guide the 1980 - 85 Capital Improvements Program as presented by
Ron Fix.
Approval of Revised Construction (Agenda Item VI -A)
Drawings on Bethany Drive
Ron Fix, City Engineer, presented to the Council the estimated
paving costs and a construction drawing of the proposed Bethany
Drive project, from U. S. 75 to State Highway 5, east to Jupiter
Road.
There was discussion on the pro rata costs by the property
owners along Bethany Drive. City Manager Jon McCarty reviewed
with the Council a map of the property owners.
Upon a motion made by Councilman Andrew and seconded by Mayor
Pro Tem Farmer, the Council voted 6 - 0 to approve the revised
construction drawings on Bethany Drive from U. S. 75 to State
Highway 5, east to Jupiter Road. (Councilman Chumbley was out of
the room.)
Authorization of Development of (Agenda Item VI -B)
Construction Drawings on Butler
and Pebblebrook Drive
Ron Fix, City Engineer, presented to the Council the estimated
paving costs and a map showing the proposed paving projects for
Butler Drive and Pebblebrook Drive.
There was discussion among the Council on the paving assessment
of the property owners.
Upon a motion made by Councilman Andrew and seconded by Council-
man McClure, the Council voted 7 - 0 to authorize the development
of construction drawings on Butler and Pebblebrook Drives.
It was also the consensus of the Council that the City Staff
proceed with working on a policy procedure for the assessment of
property owners for street paving in the City of Allen.
Authorization to City Engineer (Agenda Item VII -A & B)
to Proceed with Development of
Plans and Specifications on
Reed Park, Walden Park and
Rolling Hills Park
Ron Fix, City Engineer, presented to the Council the project
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schedules, estimated costs, and site drawings of Reed Park,
Walden Park and Rolling Hills Park, showing the layout of park
facilities including playground areas, landscaping, tennis courts,
ball fields, etc., where appropriate.
The Council discussed construction and lighting of tennis courts
in Reed Park, the gazebo structure in Walden Park, and creek in
Rolling Hills Park.
Upon a motion made by Councilman McClure and seconded by Council-
man Paxton, the Council voted 7 - 0 to authorize the City Engineer
to proceed with the plans and specifications for Reed Park, Walden
Park and Rolling Hills Park.
Approval of Extension of Water
Line to Fire Substation
(Agenda Item VIII)
City Manager Jon McCarty presented a drawing of the proposed
extension of the water line to the Fire Substation. The water
line being located on Allen Heights Drive, running north to
Exchange Parkway and west to the Fire Substation site. He updated
the Council on the cost sharing of the water line with the other
developers in that area and the use of the contractor currently
working there, being Congrove Construction Company.
Upon a motion made by Councilman Chumbley and seconded by
Councilman Daugherty, the Council voted 7 - 0 to approve the
extension of the water line from Allen Heights Drive to the Fire
Substation site.
Tax Report - April 30, 1981
(Agenda Item IX -A)
Walter Curtis, Tax Assessor -Collector, presented to the
Council a schedule of taxes receivable as of April 30, 1981.
There was no action taken on this item.
Update on the (Agenda Item IX -B)
Merit Pay Plan
City Manager Jon McCarty updated the Council on the status
of the merit pay plan for the City of Allen employees, being that
evaluations had been completed by department heads of their employees
and merit pay given to appropriate employees. The City Manager
had one department head evaluation to complete. Mayor Pierson
advised the Council that evaluations had to be completed on Council
appointed employees.
There was no action taken on this item.
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Authorization to Execute
John Deere Water Line
Easement on Bethany Drive
(Supplemental
Agenda Item -A)
City Manager Jon McCarty advised the Council that the City
had received an easement from the John Deere Company for the 20'
wide water line easement, running from the Southern Pacific Rail-
road Tracks to U. S. 75, in connection with the Bethany Drive
construction project.
Upon a motion made by Councilman Daugherty and seconded by
Councilman Paxton, the Council voted 7 - 0 to authorize the City
Manager to execute the water line easement with John Deere Company.
Authorization to Execute
Letter of Intent with
Exxon Enterprises on Water
Line along Bethany Drive
(Supplemental
Agenda Item -B)
City Manager Jon McCarty advised the Council that a letter
of intent between the City of Allen and Exxon Enterprises had
been prepared regarding the construction of a 24" water line
along Bethany Drive to be constructed at Exxon's expense.
Upon a motion made by Councilman Andrew and seconded by
Councilman McClure, the Council voted 7 - 0 to authorize the
execution of the letter of intent between the City of Allen and
Exxon Enterprises.
Approval of the Low Bidder
for the 24" Water Line (Supplemental
Along Bethany Drive Agenda Item -C)
City Manager Jon McCarty advised that Regional Utilities
of Irving, Texas, had been the lower bidder on the 24" water
line construction project along Bethany Drive to Exxon's property.
Upon a motion made by Councilman Daugherty and seconded by
Councilman Andrew, the Council voted 7 - 0 to approve the low
bidder of Regional Utilities to construct the 24" water line
along Bethany Drive.
Upon a motion made by Councilman Andrew and seconded by
Councilman McClure, the Council voted 7 - 0 to adjourn into
Executive Session at 12:05 a.m.
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The Executive Session was adjourned at 12:45 a.m.
The minutes approved the 21st day of May , 1981
Marty Hendrix, CITY SECRETARY
Mickey Pierson, MAYOR
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