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HomeMy WebLinkAboutMin - City Council - 1982 - 08/05 - RegularALLEN CITY COUNCIL Regular Session August 5, 1982 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Don Rodenbaugh Ward Paxton Absent: Dennis Offutt 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, August 5, 1982, at the Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to approve and adopt .all items on the Consent Agenda as recommended and as follows: A. Approval of the July 15, 1982 Minutes - Regular Session B. Approval of the July 22, 1982 Minutes - Called - Special Workshop Session C. Authorization to City Staff to pay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. Transamerican Builders, Inc. $65,736.99 Contract No. 810206R - Con- struction of Reed Park Payment No. 5 2. Austin Paving Company $60,447.49 Contract No. 800705R - Paving of Bethany Road, Butler Drive, and Pebblebrook Drive Payment No. 11 3. Hooper Engineering Laboratories $ 382.00 Contract No. FS 8023 - Service Center/City Hall Annex - Construction Testing 4. Ronald E. Fix & Associates: a. Contract No. 8102068 - Con- $ 1,394.32 struction of Reed Park Engineering & Inspection Fees for July, 1982 //S ALLEN CITY COUNCIL August 5, 1982 Page 2 CONSENT AGENDA (continued) (Agenda Item II) Public Hearing: Amending Zoning Ordinance No. 366-10-81 to Add Temporary Assessory Building Use and in Com- mercial Districts (Agenda Item III -A) and Ordinance No. 400-8-82: An Ordinance of the City of Allen, Collin County, Texas, Amending Section 3.08 of the Comprehensive Zoning Ordinance No. 366-10-81 to Include Temporary Accessory Buildings and Amending Section 2.07 of the Comprehensive Zoning Ordinance No. 366-10-81 to Include Temporary Accessory Buildings in Commercial Zoning Districts; Providing for Permit; Providing for Plan Review and Approval; Providing for Regulations; Providing for Time Duration; Providing for a Penalty Clause; a Sever- ability Clause; and an Effective Date. Mayor Pierson read the item into the record as follows: "Public Hearing on consideration of an ordinance amending the Comprehensive Zoning Ordinance to add temporary assessory buildings." No 4. Ronald E. Fix & Associates (continued): b. Contract No. 810206B - $ 90,26 Sprinkler System on Municipal Complex Soccer Fields - �" �r Engineering Fee for July, 1982 C. Contract No. 800705R - Paving $4,025.22 Bethany Road, Butler Drive & Pebblebrook Drive - Engineering, Inspection & Staking for July, 1982 d. Contract No. FS 8023 - Service $1,708.00 Center/City Hall Annex - Construction of Butler Circle Construction Staking e. Contract No. FS 8023 - Service $2,898.06 Center/City Hall Annex - Construction of Butler Circle - Services for grade and design D. Set September 2, 1982 for Public Hearing Date on a request from Gulf Oil Corporation for site plan approval for Lot 1, Molsen Addition, located in PD -GB No. 8. E. Set August 30, 1982 for Public Hearing Date on the Fiscal Year 1982 - 83 Budget for the City of Allen as required by Section 4.04 of the Allen City Charter. F. Set August 30, 1982 for Public Hearing Date on the Fiscal Year 1982 - 83 Revenue Sharing Budget. The motion carried. End of Consent Agenda Public Hearing: Amending Zoning Ordinance No. 366-10-81 to Add Temporary Assessory Building Use and in Com- mercial Districts (Agenda Item III -A) and Ordinance No. 400-8-82: An Ordinance of the City of Allen, Collin County, Texas, Amending Section 3.08 of the Comprehensive Zoning Ordinance No. 366-10-81 to Include Temporary Accessory Buildings and Amending Section 2.07 of the Comprehensive Zoning Ordinance No. 366-10-81 to Include Temporary Accessory Buildings in Commercial Zoning Districts; Providing for Permit; Providing for Plan Review and Approval; Providing for Regulations; Providing for Time Duration; Providing for a Penalty Clause; a Sever- ability Clause; and an Effective Date. Mayor Pierson read the item into the record as follows: "Public Hearing on consideration of an ordinance amending the Comprehensive Zoning Ordinance to add temporary assessory buildings." No ALLEN CITY COUNCIL August 5, 1982 Page 3 //? Public Hearing: Temporary Assessory Buildings and Ordinance No. 400-8-82 (continued) (Agenda Item III -A) Due to a possible conflict of interest regarding this item, Mayor Pierson abstained from consideration of this item and turned the meeting over to Mayor Pro Tem Farmer. Mayor Pro Tem Farmer opened the public hearing. No one appeared to speak either for or against the proposed ordinance amending the Comprehensive Zoning Ordinance. Mayor Pro Tem Farmer closed the public hearing. Bill Petty, Building Official, advised the Council on the background of a request from Allen National Bank regarding the use of a temporary assessory use in the form of a mobile structure until a larger structure for their bank can be constructed. At the present time, this use is not provided for in the zoning ordinance. Mr. Petty spoke before the Council on the proposed amend- ment to the Comprehensive Zoning Ordinance to include the tem- porary accessory buildings and to include temporary accessory buildings in commercial zoning districts. Mr. Petty advised that the Planning and Zoning Commission recommended that the proposed ordinance be approved. Mr. Petty reviewed the proposed ordinance with. the City Council and pointed out various aspects of it. There was considerable discussion between among the Council with Mr. Petty on the existing uses allowed by the Zoning Ordinance for assessory uses, definitions of temporary and permanent structures, limitation of this temporary accessory use for office districts, clarification of the time limits of 6 months and the 12 -month extension for the temporary permit, and requiring that the building permit has been granted and the permanent structure design has been completed prior to granting the 12 -month extension. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Paxton, the Council voted 5 - 0, with an abstention from Mayor Pierson, to adopt Ordinance No. 400-8-82, with a change in the wording of paragraph 7 of Section 2 to read in part as follows: "The duration of temporary accessory buildings permits shall be for a period of six (6) months with a limit of one (1) extension for a period of time not to exceed twelve (12) months, which may be granted on evidence presented by the requestor that the permanent structure design is complete and that a building permit has been granted." The motion carried. Mayor Pro Tem Farmer turned the meeting back over to Mayor Pierson at this time. Public Hearing: Approval of a Specific Use Permit for "Church" in PD -SC No. 6 and Approval of Site Plan for Grace Union Presbytery Church (Agenda Item III -B) and //? ALLEN CITY COUNCIL August 5, 1982 Page 4 Ordinance No. 401-8-82: 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 the Principal Use of "Church" Therefore Restricting the Northern Four (4) Acres Out of a 7.042 Acre Tract in the Lewis Wetzel Survey, Abstract No. 978, and Being Part of the Fountain Park First Section as Recorded in Volume 7, Page 68, of the Collin County Deed Records, Presently Delineated on the Official Zoning Map as PD -SC No. 6; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. (Agenda Item III -B) and Ordinance No. 402-8-82: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 371-10-81 to Include the Attachment of Exhibit "A" as the Approved Site Plan for Development of the Northern Four (4) Acres out of a 7.042 Acre Tract in the Lewis Wetzel Survey, Abstract No. 978, and Being Part of the Fountain Park First Section as Recorded in Volume 7, Page 68, of the Collin County Deed Records, Presently Delineated on the Official Zoning Map as a Portion of PD -SC No. 6; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the (Agenda Item III -B) Mayor Pierson read the request into the record as follows: "Public Hearing on consideration of a request from Grace Union Presbytery Church for the Specific Use Permit and Site Plan Approval." Chuck Hudson, representing the Grace Union Presbytery Church, spoke before the Council on this request. Mr. Hudson advised of the background of establishing the church and the status now of obtaining a minister. Mr. Hudson presented the site plan of the proposed church, showing the location of the church on the 4.00 acre site, with the parking lot and ingress/egress from State Highway 5. Mr. Hudson also presented a plan of the 4.00 acre site, showing the location east of State Highway 5 and north of Rivercrest, and also showing the easements on the property. Mr. Hudson advised that a specific use permit was required to allow "church" use in the Planned Development -Shopping Center No. 6. Mayor Pierson opened the public hearing. No one appeared to speak either for or against this request. Mayor Pierson closed the public hearing. Mayor Pierson advised that the Planning and Zoning Commission had recommended that the specific use permit and the site plan be approved as requested. The Council briefly discussed the request, and reviewed the location of adjoining residential properties. US ALLEN CITY COUNCIL August 5, 1982 Page 5 Public Hearing: Approval of Specific Use Permit and Site Plan - Grace Union Presbytery Church and Ordinances No. 401-6-82 and 402-6-82 (cont'd) (Agenda Item III -B) MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 6 - 0 to adopt Ordinance No. 401-8-82, approving the specific use per- mit for the use of "church" in PD -SC No. 6, and to adopt Ordinance No. 402-8-82, to attach the approved site plan for the Grace Union Presbytery Church to PD -SC No. 6, in accordance with the recommendations of the Planning and Zoning Commission as stated. The motion carried. Mayor Pierson recessed the meeting at 8:32 p.m. The meeting reconvened at 8:45 p.m. Approval of a Change Work Order on Contract with Transamerican Builders, Inc., for Construction of Reed Park (Agenda Item IV) This item was tabled at the City Council meeting of July 15, 1982. City Manager Jon McCarty advised the Council that the Change Work Order from Transamerican Builders, Inc., con- sisted of an extension of the number of calendar days for completion of the Reed Park project from June 4, 1982 to August 13, 1982, thus waiving the penalty requirements in the contract for noncompletion of the project within the 100 working days proposed in the bid. Mr. Dick Hightower, with Transamerican Builders, Inc., spoke before the Council on this request. Mr. Hightower presented to the Council a letter advising of his request and that the extension of the working days was necessitated by the fact that there had been so much rain during the months of March, April and May. The ground was too wet to permit the construction of the park. Mr. Hightower also provided a list of the dates of non -work and the amount of rain fall on those dates to substantiate his request for an extension. City Manager McCarty also advised that the specifications in the contract for disposing of debris on the site had to be changed from burning on the site to actually carrying off the debris. This situation also added additional time for completion of the project. The Council reviewed the information provided by Mr. Hightower, and dicussed with Mr. Hightower the status of the park project and if the project would be completed by the new requested date of August 13, 1982. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to approve the Change Work Order to the contract with Transamerican Builders, Inc., for construction of Reed Park to a completion date of August 13, 1982. The motion carried. Resolution No. 403-8-82(R): A Resolution of the City of Allen, Collin County, Texas, Approving Adjustments to the City of Allen Tax Rolls for the Years 1954, 1960, 1961, 1962, 1963, 1964, 1965, 1966, 1967, 1968, 1969, 1970, 1971, 1972, 1973, 1974, 1975, 1978, 1979, 1980, and 1981 (Agenda Item V) Walter Curtis, Tax Assessor/Collector, presented the pro- posed resolution to the City Council and advised that adjust- ments to the tax rolls were recommended since all efforts to contact the property owners had been taken but with no results. I!5 ALLEN CITY COUNCIL August 5, 1982 Page 6 Resolution No. 403-8-82(R) (continued) (Agenda Item V) The City Council reviewed the proposed resolution listing all of the property owners, account numbers, reason for adjust- ment and the amount of money to be removed from the tax roll for a certain year, and asked questions pertaining to such. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Rodenbaugh, the Council voted 6 - 0 to adopt Resolution No. 403-8-83(R), making the adjustments to the Tax Roll. The motion carried. Acknowledgement of Receipt of the FY 82 - 83 Proposed Budget for the City of Allen (Agenda Item VI) Mayor Pierson advised the Council that in accordance with the requirements of the Allen City Charter, the City Manager had prepared a proposed budget for the fiscal year 1982 - 1983 and had distributed copies to the City Council in a timely manner. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Daugherty, the Council voted 6 - 0 to acknowledge receipt of the Fiscal Year 1982 - 1983 Proposed Budget for the City of Allen. The motion carried. Tax Report - July 31, 1982 (Agenda Item VII -A) Walter Curtis, Tax Assessor/Collector, presented to and spoke before the Council on the Schedule of Taxes Receivable as of July 31, 1982, showing a 97.268 rate of collection. The Council reviewed the schedule and discussed it briefly. There was no action taken on this item. Police Report - Semiannual Report for 1982 (Agenda Item VII -B) Police Chief Richard Carroll presented to and reviewed with the Council the Semiannual Report of the Consolidated Summary of Activities for the Allen Police Department for 1982 and used in comparison the same semiannual report pre- pared in 1981. The Council discussed various aspects of the report with Chief Carroll in the review. There was no action taken on this item. Supplemental Information for Water & Sewer Rate Study completed by Joe M. Nall & Associates (Agenda Item VII -C) Mayor Pierson advised of the workshop session held on July 22, 1982 with Joe M. Nall and Associates on the Water and Sewer Rate Study that had been prepared for the City of Allen and the additional information that the Council had requested at that time. City Manager Jon McCarty distributed to the Council the changes, which included revisions to Exhibits 11 and 14, per their requests and prepared by Joe M. Nall and Associates. The Council reviewed the exhibits and City Manager McCarty advised of the changes. /Jn ALLEN CITY COUNCIL August 5, 1982 Page 7 Supplemental Information for Water & Sewer Rate Study (continued) (Agenda Item VII -C) City Manager McCarty also provided the Council with copies of the chart showing the rates for adjoining cities, prepared by Councilman Rodenbaugh, which had been changed by Joe M. Nall to reflect the changes made in the exhibits. Mayor Pierson advised that the Council would take this material as a matter of information and review it and prepare questions for discussion at the budget retreat. There was no action taken on this item. Progress and Evaluation Committee - for Collin County (Agenda Item VII -D) City Manager McCarty advised of Collin County establishing the Progress and Evaluation Committee to make recommendations concerning a bond program. This committee is made up of six subcommittees for various projects, and the Chairman of the Roads and Highways Subcommittee had written to the City of Allen requesting input for proposed street, highway, and road improvements for the next five years. The Council discussed the input to be provided, the proposal that had been done for the presentation to the State Department of Highways, and preparation of a response. It was the consensus of the Council that the City Staff prepare a response, based on previous work done in this regard, and submit to the City Council at the budget retreat for their review and consideration and place final action on the August 19th Council agenda. Lone Star Gas Company Rate Increase Request (Agenda Item VII -E) City Manager McCarty advised the Council that Lone Star Gas Company is requesting a 198 increase for the gate rates through the Railroad Commission. Although the City of Allen is not required to approve Lone Star's request for rate increase, this increase will still have an impact on Allen residents. Thus, the City Staff's recommendation, as has been done in the past, is to band together with other cities to challenge the request through the Texas Municipal League, with the City's share of the cost to be $332.56. There was considerable discussion among the Council in starting a trend to state opposition to these utility rate increases by appearance before the Railroad Commission, asking residents to write letters to their congressmen in opposition to such, soliciting support from other cities to show opposition, etc. There was also lengthy discussion on whether to join in with other cities through the Texas Municipal League, fight the rate increase request on an individual basis or use a combination of both to show opposition. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to authorize the participation of the City of Allen with the Texas Municipal League in the challenge of the Lone Star Gas gate rate increase request before the Railroad Commission and authorize the expenditure of $332.56 to cover the cost of the assessment. The motion carried. General Discussion Councilman Paxton expressed to the Council his desire to see that the City of Allen contact Southwestern Bell Telephone Company and pursue the installation of more modern equipment, i.e. touch tone telephones. ALLEN CITY COUNCIL August 5, 1982 General Discussion (continued) Page 8 The Council discussed the telephone services provided by Southwestern Bell and by consensus directed the City Staff to pursue the installation of modern equipment. City Manager McCarty advised the Council of the upcoming budget retreat for August 13, 14, and 15, 1982, and that an agenda packet of information would be forthcoming next week prior to the weekend. Mayor Pierson pointed out that a resignation from the Street Superintendent, Tom Caldwell, had been received by the City Manager. Adjournment: MOTION: Upon a motion made by Councilman Daugherty and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 10:35 p.m. The motion carried. These minutes approved on the 19th day of August 1982. M. B.zz- Pierson, MAYOR �� �A�WA" Marty Hendrix, CITY SECRETARY /aa