HomeMy WebLinkAboutMin - City Council - 1982 - 05/20 - RegularALLEN CITY COUNCIL
Regular Session
May 20, 1982
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Don Rodenbaugh
Ward Paxton
Dennis Offutt
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
In accordance with Article 6252-17 (Open Meetings Law),
V.A.T.C.S., Section 2(g), the Allen City Council met in Executive
Session at 7:00 p.m, on Thursday, May 20, 1982, at Rountree
Elementary School, 800 E. Main Street, to discuss matters per-
taining to personnel. The Executive Session was adjourned at
7:20 p.m.
The regular session of the Allen City Council was called to
order by Mayor Pierson at 7:31 p.m. on Thursday, May 20, 1982, at
Rountree Elementary School, 800 E. Main Street.
CONSENT AGENDA
(Agenda Item II)
MOTION: 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. Approval of Minutes of May 6, 1982 - Regular Session
B. Approval of Minutes of May 10, 1982 - Special Workshop
Session
C. Set Public Hearing Date for June 17, 1982 on Con-
sideration of Site Plan Approval for the Church
of the Latter Day Saints on Approximately 5 Acres
of land, located east of Hillside Park and south
of F.M. 2170.
The motion carried.
End of Consent Agenda
Presentation of Plaque -of -Appreciation
to Carol Henry, Outgoing Member of
Planning & Zoning Commission, Place No. 6 (Agenda Item III -A)
Mayor Pierson presented a plaque -of -appreciation to Carol Henry,
a member of the Planning and Zoning Commission, Place No. 6, who
recently resigned and thanked Mrs. Henry for her service to the
City of Allen since November, 1979.
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ALLEN CITY COUNCIL
May 20, 1982
Page 2
Appointment to Place No. 6 on
Planning & Zoning Commission (Agenda Item III -B)
Mayor Pierson advised that due to Carol Henry's resignation
from the Planning and Zoning Commission, Place No. 6, an appoint-
ment was to be made to fill the unexpired term of office. The
term will expire in June of 1983.
Mayor Pierson opened the floor for nominations.
Councilman Rodenbaugh nominated Winston B. Stallings.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Offutt, the Council voted 7 - 0 that the
nominations cease. The motion carried.
Upon the polling of the Council Members by Mayor Pierson,
the Council voted 7 - 0 in favor of electing Winston B. Stallings
by acclamation to Place No. 6 on the Planning and Zoning Commission.
Mayor Pierson advised that Winston B. Stallings was the newly
appointed member to Place No. 6 on the Planning and Zoning Com-
mission, with his term of office to expire in June of 1983.
Public Hearing: Amendment to Zoning Ordinance
to Allow Use of "Arcade" and
Delineate Zoning Districts (Agenda Item IV)
and
Ordinance No. 392-5-82: An Ordinance of
f the City of Allen, Collin County, Texas,
+� Determining the Appropriate Classification
for the Presently Unlisted Use of Arcade,
Defining the Term Arcade, Defining Coin -
Operated Machines, Defining Principle Use,
Defining Property Where Exhibited; Amending
the Comprehensive Zoning Ordinance No.
366-10-81, as Heretofore Amended, to
Supplement Section 3.01(R) and Allow by
Specific Use Permits in 3.01(M) the Use of
Arcade; to Delineate the Districts Within
Which Such Use Shall be Permitted; Ordaining
Other Matters on the Subject; and Providing
a Penalty Clause, a Severability Clause,
and an Effective Date.
Mayor Pierson read the item into the record as follows:
"Public Hearing on consideration of an amendment to the
Zoning Ordinance to allow the use of "arcade" and to
delineate the zoning districts for such use."
Bill Petty, Building Official, read the proposed ordinance
caption into the record as shown above, and advised that the
Planning and Zoning Commission recommended approval of the
amendment to the Zoning Ordinance to allow use of "arcade"
and to delineate zoning districts for such use.
Mr. Petty gave a brief synopsis of the ordinance and
advised that the use of arcades in the proposed ordinance
would be permitted by right in planned development (PD) zoning
districts and by specific use permit in shopping center (SC)
zoning districts.
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ALLEN CITY COUNCIL
May 20, 1982 Page 3
Public Hearing: Arcade Use and
and Zoning Districts
Ordinance No. 392-5-82 (cont'd) (Agenda Item IV)
Mayor Pierson opened the Public Hearing. No one appeared
to speak either for or against the proposed ordinance. The
Public Hearing was closed.
Councilman Offutt advised the Council of his discussions
with residents of Allen regarding arcades in the city and stated
his reasons for opposition to this type of use. His preference is
to totally prohibit arcades in the City of Allen.
The Council had a lengthy discussion on the proposed zoning
restrictions for arcade use and the need for them in the city,
since the City of Allen has none at the present time.
There was also considerable discussion on the prohibiting
of arcades in the city altogether, the State Law regarding the
permitted uses of arcades and coin-operated machines, the social
problems which are associated with arcades, allowing the arcades
in shopping center districts, and the restrictiveness of the
proposed ordinance for the city.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman McClure, the Council voted six (6) for and
one (1) opposed, with Councilman Offutt casting the
negative vote, to adopt Ordinance No. 392-5-82 as
presented and in accordance with the recommendations of
the Planning and Zoning Commission. The motion carried.
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Ordinance No. 393-5-82: An Ordinance
of the City of Allen, Collin County, Texas,
Providing for the Regulation, Supervision,
Controlling, and Licensing of owners of
Coin -Operated Skill and/or Pleasure Machines,
Defining Terms, Providing for the Levying of
an Occupation Tax on Such Machines; Ordaining
Other Matters on the Subject; and Providing
a Penalty Clause, a Severability Clause, and
an Effective Date. (Agenda Item V)
Bill Petty, Building Official, read the proposed ordinance
caption into the record as shown above.
Mr. Petty reviewed with the Council the proposed ordinance
pertaining to the regulations, permitting, licensing, levying
of an occupation tax, and hours and days of operation of the
machines.
The City Council discussed with City Staff the possibility
of receiving taxes based on the revenues of the machines; the
distance requirement of 300' from a church, school, hospital,
or residential area; the age limitation for children playing
the machines; the hours of operation for establishments which
have coin-operated machines; prohibiting the playing of the
machines on Sunday; and being able to permit machines already
in use in the city.
MOTION: Upon a motion made by Councilman Offutt and seconded
by Councilman Paxton, the Council voted five (5) for
and two (2) opposed, with Mayor Pro Tem Farmer and
Councilman Rodenbaugh casting the negative votes, to
amend the proposed ordinance by prohibiting the playing
of the coin-operated machines on Sunday. The motion
carried.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
adopt Ordinance No. 393-5-82 as amended. The motion
carried.
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ALLEN CITY COUNCIL
May 20, 1982
Page 4
Mayor Pierson recessed the regular session of the Allen City
Council at 8:49 P.M. The meeting reconvened at 9:02 p.m.
Approval of Replat - Part of
Block 18, Old Donation Addition
Allen State Bank, 202 W. Main St. (Agenda Item VI)
Kevin Moran, architect representing Allen State Bank, spoke
before the Council on the request to replat six (6) separate lots
and an abandoned alley, owned by the Allen State Bank, 202 W. Main
Street, into one (1) lot of record.
Mr. Moran advised the Council that the replat would consist
of combining Lots 4, 5, 6, 7 and the west half of Lots 3 and 8
and an abandoned alley, all in Block 18 of the Old Donation
Addition, into one (1) lot of record. This replat is needed for
the following reasons:
1. Future expansion of the bank facilities would not
be allowed over the inside lot line under the
requirements set out in Section 2.03 of the City
of Allen Zoning Ordinance.
2. To correct an error of many years past, where
the construction of the bank facilities had
been allowed to build across building lines
and property lines.
3. To record, by an approved plat, the abandonment
of a portion of an alley.
Bill Petty, Building Official, spoke before the Council on
the reasons that this replat request was needed and advised that
.the Planning and Zoning Commission recommended that this replat
of Block 18, Old Donation Addition, be approved as presented.
The Council briefly discussed the request for replat and
if there were any reasons why this replat should not be done.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
approve the replat of part of Block 18, Old Donation
Addition, as requested by the Allen State Bank, and
in accordance with the recommendations of the Planning
and Zoning Commission. The motion carried.
Approval of Replat - Part of
Block 17 - Old Donation Addition
Carl Gilliland Insurance Company
200 Boyd Street (Agenda Item VII)
Carl Gilliland, of Carl Gilliland Insurance Company, presented
to and spoke before the Council on the replat of Lots 1, 2, 9 and
10 of Block 17, Old Donation Addition, into one (1) lot of record.
Mr. Gilliland advised the Council that the replat would con-
sist of combining Lots 1, 2, 9 and 10 and an abandoned alley, all
in Block 17 of the Old Donation Addition, into one (1) lot of
record. This replat is needed for the following reasons:
1. If the interior lot lines are removed, it will
allow proposed construction to proceed to within
the building lines of the outer perimeter of the
tract of land.
2. To record, by an approved plat, the abandonment
of a portion of an alley.
Bill Petty, Building Official, spoke before the Council on
the reasons that this replat request was needed and advised that
the Planning and Zoning Commission recommended that this replat
of Block 17, Old Donation Addition, be approved as presented.
RM
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ALLEN CITY COUNCIL
May 20, 1982 Page 5
Approval of Replat - Part of
Block 17 - Old Donation Addition
Carl Gilliland Insurance Company
200 Boyd Street (cont'd) (Agenda Item VII)
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman Rodenbaugh, the Council voted 7 - 0 to
approve the replat of part of Block 17, Old Donation
Addition, as requested by Carl Gilliland, and in accordance
with the recommendations of the Planning and Zoning Com-
mission. The motion carried.
Set Public Hearing Date for
June 17, 1982 on a Request
for Site Plan Approval from
Fox & Jacobs for TH-PD No. 7
(Tabled Item) (Agenda Item VIII -A)
and
Set Public Hearing Date for
June 17, 1982 on a Request
for Zoning Amendment on 9 Acres,
from MF -1 to MF -2, from Robert
Burkart (Tabled Item) (Agenda Item VIII -B)
Mayor Pierson read these requests into the record as follows:
"Set June 17, 1982 as the Public Hearing date for site
plan approval from Fox & Jacobs for TH-PD No. 7; and
Set June 17, 1982 as the Public Hearing date on a
request for a zoning amendment on 9 acres, located at
Park Place and Jupiter Road, from MF -1 to MF -2, from
Robert Burkart."
These two (2) items were tabled at the City Council Meetings
of April 15, 1982 and May 6, 1982.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
remove these requests from the table and to set the
public hearing dates on these requests for June 17, 1982.
The motion carried.
Approval of the Appointment of
Barbara Buehler as Library Director (Agenda Item IX)
Mayor Pierson advised the Council that an individual had
been selected by the City Manager to fill the position of Library
Director.
City Manager McCarty introduced Barbara Buehler as the
Library Director designee. Mr. McCarty advised the Council of
the City Charter procedure for appointment of Library Director
and the selection process for the position, with recommendations
from the Library Board. In addition, he presented Mrs. Buehler's
qualifications, educational background and work experience.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve
the appointment of Barbara Buehler as Library Director
for the City of Allen. The motion carried.
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ALLEN CITY COUNCIL
May 20, 1982
Page 6
Street Department Update (Agenda Item X)
Tom Caldwell, Street Superintendent, spoke before the Council
on the status of the Street Department.
Mr. Caldwell advised of the hiring of the employees for the
department, buying equipment needed to start street repair, the
work the department has done to date, and the status of work to
be done.
Mr. Caldwell provided the Council with pictures of streets
in the city before and after they had been repaired, as well as
the logging -in procedure of calls for repairs or service. The
Street Department is responsible for street repair, drainage
problems, street lights, stop signs and street signs, and trim-
ming of shrubbery around street and stop signs in the city.
The City Council reviewed the pictures and the log of calls
for service or repair and discussed briefly various aspects of
the Street Department with Mr. Caldwell.
Mr. Caldwell advised the Council that a complete inventory
for all the streets in Allen is near completion and will be
available for use in the preparation of the capital improvements
program for the prioritizing of streets to be repaired.
There was
no
action taken on
this item.
Police Report
- April,
1982
(Agenda
Item
XI -A)
Police Chief Richard Carroll presented to and spoke before
the Council on the Allen Police Department Consolidated Summary
of Activities for the month of April, 1982.
The Council briefly reviewed this report.
Chief Carroll also updated the Council on the completion of
the reroofing of the Police Department Building at 101 Butler.
Chief Carroll advised the Council that the policies and pro-
cedures manual for the Police Department has been completed.
This manual spells out the goals and objectives of the Police
Department as well as provides directives for the officers in
performing their duties. A copy of the manual may be reviewed
at the department for those Council Members who might be inter-
ested in seeing it.
There was no action taken on this item.
Planning and Development
Workshop (Agenda Item XI -B)
City Manager Jon McCarty advised the Council that this item
had been placed on the agenda in order that the Council may set
another workshop session to discuss planning and development in
the City of Allen. He further advised of the status of the work
being done by the City Staff on research items requested by the
City Council for their use at the next planning and development
workshop session. Those projects consisting of:
To prepare a square footage chart of existing
house sizes within the City of Allen and to
categorize them as they would apply to each
of the residential zoning districts.
To provide some research of basic policy state-
ments for planning and development for the
categories outlined by the City Council at
their last meeting, such as residential, industrial
commercial, open space (recreational) and general
procedures.
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ALLEN CITY COUNCIL
May 20, 1982
Page 7
It was the consensus of the City Council that since the
water rate study has a definite effect on the budget preparation,
this workshop session should coincide with the preliminary budget
workshop session usually held in June.
There was no action taken on this item.
North Central Texas Council of
Governments Spring General
Assembly Meeting & Workshop (Agenda Item XI -D)
Mayor Pierson advised the Council of the upcoming Assembly
Meeting and Workshop by the North Central Texas Council of
Governments to be held on Thursday, June 3, 1982, in Arlington,
Texas. The Mayor encouraged the Council Members to attend this
Ll meeting and workshop if possible.
There was no action taken on this item.
Adjournment
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to adjourn
into Executive Session at 10:05 p.m. The motion carried.
Planning and Development
Workshop (continued) (Agenda Item XI -B)
3. Also, the City Staff has included doing some
comparisons of design standards required in
the City of Allen with those of surrounding
communities, in order to provide some development
costs for the Council's information.
Mr. McCarty stated that at this time these projects would
not be completed in time for an upcoming workshop session.
The Council discussed holding the workshop even though the
materials from the City Staff are not available, as well as the
number of other meetings that will be forthcoming with the
water rate study, budget preparation, etc.
It was the consensus of the City Council to set a called -
special workshop session for 6:30 p.m. on Wednesday, June 2, 1982,
at Rountree Elementary School, if those facilities are available,
in order to continue the discussions on the planning and develop-
ment in the city.
Water Rate Study (Agenda Item XI -C)
Mayor Pierson advised that the Council had received copies
of the Water and Sewer Rate Study performed by Joe M. Nall and
Associates of Dallas. A workshop session needed to scheduled
by the Council in order to review the water and sewer rate study
in detail with the consultant.
Councilman Rodenbaugh provided for the Council's review a
chart of residential water rates for cities surrounding Allen,
which showed the rates in gallons, the number of years since
the last increase, and cost per household in gallons.
There was considerable discussion among the Council on the
various workshop sessions that needed to be scheduled to discuss
this topic, as well as the planning and development in the city,
the upcoming budget and a special meeting with the North Texas
Municipal Water District for consideration of the City of Allen
becoming a member city to the district.
It was the consensus of the City Council that since the
water rate study has a definite effect on the budget preparation,
this workshop session should coincide with the preliminary budget
workshop session usually held in June.
There was no action taken on this item.
North Central Texas Council of
Governments Spring General
Assembly Meeting & Workshop (Agenda Item XI -D)
Mayor Pierson advised the Council of the upcoming Assembly
Meeting and Workshop by the North Central Texas Council of
Governments to be held on Thursday, June 3, 1982, in Arlington,
Texas. The Mayor encouraged the Council Members to attend this
Ll meeting and workshop if possible.
There was no action taken on this item.
Adjournment
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to adjourn
into Executive Session at 10:05 p.m. The motion carried.
ALLEN CITY COUNCIL
May 20, 1982
Executive Session
Page 8
In accordance with Article 6252-17 (Open Meetings Law),
V.A.T.C.S., Section 2(f), the Allen City Council convened
into Executive Session at 10:10 p.m. in order to discuss matters
pertaining to property.
1982.
The Executive Session was adjourned at 11:45 p.m.
The minutes approved on the 3rd day of June
A A L)
M. B. Pierson, MAYOR
IA V �VX/ V�-t N`M/ .
Marty Hendrix, ITY SECRETARY