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HomeMy WebLinkAboutMin - City Council - 1983 - 02/17 - RegularALLEN CITY COUNCIL REGULAR SESSION February 17, 1983 Present: Mickey Pierson, Mayor 4; 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 The regular session of the Allen City Council was called to order by Mayor Pierson at 7:31 p.m. on Thursday, February 17, 1983, at Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of February 3, 1983 Minutes - Regular Session B. Approval of February 9, 1983 Minutes - Executive Session C. Approval of February 12, 1983 Minutes - Called - Special Session D. Authorization to City Staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Waller -Spears, Inc. $ 40,342.50 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex - Payment No. 9 2. Hooper Engineering Laboratories $ 66.00 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex - Concrete Cylinders Testing 3. G. M. Geer, Engineer $ 100.00 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex - Staking of i south and west line of new v Service Center/City Hall Annex 4. "The Allen American" $ 52.00 Contract for New Telephone System for new Service Center/ City Hall Annex - Notice to Bidders ALLEN CITY COUNCIL February 17, 1983 Page 2 CONSENT AGENDA (continued) (Agenda Item II) 5. Ronald E. Fix & Associates $ 337.00 Review of Collin Square Final Plat and Engineering Plans E. Set Public Hearing Date for March 17, 1983 for consideration of a Zoning amendment from Agriculture - Open Space (AO) to Planned Development Multifamily (PD -MF) on property located immediately north of the Cottonwood Creek Shopping Center, west of State High- way 5. The motion carried. End of Consent Agenda Accept Resignation of Planning and Zoning Commission Member, Place No. 6 (Agenda Item III -A) Mayor Pierson advised the City Council of the letter of resignation from Mr. Winston B. Stallings, Place No. 6, on the Planning and Zoning Commission. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Daugherty, the Council voted 7 - 0 to accept the resignation of Winston B. Stallings from the Planning and Zoning Commission, Place No. 6. The motion carried. Appointments to Place No. 2 and Place No. 6 on the Planning and Zoning Commission (Agenda Item III -B) Mayor Pierson advised of the two existing vacancies on the Planning and Zoning Commission for Places No. 2 and 6 resulting from the resignations of Jack Decatur and Winston B. Stallings. Mayor Pierson advised that these terms of office were due to expire in June of 1983. Mayor Pierson opened the floor for nominations to Place No. 2 on the Planning and Zoning Commission. MOTION: A motion was made by Councilman Offutt and seconded by Councilman Paxton to table action on this item until the next regular City Council Meeting. The Council voted three (3) in favor of the motion and four (4) opposed to the motion, with Mayor Pierson, Mayor Pro Tem Farmer, Councilman Rodenbaugh and Councilman McClure casting the negative votes. The motion failed. Mayor Pierson opened the floor for nominations to Place No. 2 on the Planning and Zoning Commission. Councilman Rodenbaugh nominated Glenn Andrew. Councilman Paxton nominated George Chrisman. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 7 - 0 that the nominations cease. The motion carried. In the order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Glenn Andrew receiving four (4) votes and George Chrisman receiving three (3) votes. Mayor Pierson advised that Glenn Andrew, receiving a majority of the votes of the City Council, was the newly appointed member to Place No. 2 on the Planning and Zoning Commission, to serve the remaining term of office until June of 1983. .,13 ALLEN CITY COUNCIL February 17, 1983 Page 3 Appointments to Place No. 2 and Place No. 6 on the Planning and Zoning Commission (continued) (Agenda Item III -B) Mayor Pierson opened the floor for nominations to Place No. 6 on the Planning and Zoning Commission. Councilman Paxton nominated Mike Hill. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 that the nominations cease and that Mike Hill be appointed by acclamation to Place No. 6 on the Planning and Zoning Commission. The motion carried. Mayor Pierson advised that Mike Hill's term Of office would expire in June of 1983. Mayor Pierson advised that the oaths -of -office would be administered at the City Hall by the City Secretary in order that these new members can serve in their capacities as soon as possible. Public Hearing: Zoning Amendment Change - Land Zoned TH and CF to MF -1 to Coincide with Realignment of Park Place Drive, east of Jupiter Road (Agenda Item IV) and Ordinance No. 928-2-83: An Ordinance of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance of the City of Allen, as Heretofore Amended, So As to Change the Following -Described Tract of Land from the Current Zoning District Clas- sifications of "TH" Townhouse and "CF" Com- munity Facilities to "MF -1" Multi -Family District Classification, Said Tract of Land Being Described as Follows: Approximately 6.5 Acres, More or Less, Out of the David Wetzel Survey, Abstract 977, Collin County, Texas; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00) for Each Offense; and Declaring an Emergency. (Agenda Item IV) Mayor Pierson read the request into the record as follows: "Public Hearing on a Zoning Amendment on land zoned TH and CF to MF -1 to coincide with the realignment of Park Place Drive east of Jupiter Road." Mayor Pierson advised of the City Council's initiation of this zoning amendment and referring it to the Planning and Zoning Commission for their recommendations. Mayor Pierson advised that the Planning and Zoning Commission, at their meeting of January 13, 1983, had recommended approval of this zoning amendment to coincide with the realignment of Park Place Drive east of Jupiter Road. Mayor Pierson opened the public hearing. No one appeared to speak either for or against this request. Mayor Pierson closed the public hearing. 44 ALLEN CITY COUNCIL February 17, 1983 Page 4 Public Hearing: Zoning Amendment Change Land Zoned TH and CF to MF -1 to Coincide with Realignment of Park Place Drive, east of Jupiter Road and Ordinance No. 428-2-83 (continued) (Agenda Item IV) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Ordinance No. 428-2-83 as captioned previously. The motion carried. Annual Report by Chairman of Parks & Recreation Board (Agenda Item V) Ron Workman, Chairman of the Parks and Recreation Board, presented the annual report of the Parks and Recreation Board as required by Section 4(L) of Ordinance No. 306. Mr. Workman's presentation consisted of activities during the past year and the Board's proposals for the coming year. Mayor Pierson expressed appreciation to the Board for all of its work. This item was received as a matter of information. There was no action taken on this item. Recommendations to Collin County Commissioners' Court Concerning the Proposed Collin County Bond Program (Agenda Item VI) City Manager Jon McCarty advised of the presentation at the last Council Meeting given by Clarence Daugherty, Director of Public Works for Collin County, on the proposed capital improve- ment projects for the bond program and the subcommittees' recom- mendations on them. The Commissioners' Court is requesting input back to them on those items and the city staff has provided some recommendations for the Council's consideration. City Manager McCarty handed out the proposed recommendations which consisted of the Council's action taken on February 12, 1983 regarding the Collin County Farmers' Market, recommendations on the proposed county fire training facility, and recommendations on the cost of construction of certain roads and a prioritized list of the proposed county projects falling within the City of Allen. The Council discussed the appointment of the citizens com- mittee to make recommendations on the routing of F.M. 2170. Mayor Pierson advised the Council that five individuals had accepted appointment to that committee, those being Liz Moseley, Mike Williams, Ed Lynge, Emerson Porter, and Willette Rosson. Two additional individuals were to be appointed, making it a seven member committee, with the City Manager to serve as the ex -officio member. The Council also discussed the action taken on the Farmers' Market and the forwarding of that action to the Collin County Commissioners for their review at the workshop session on the Farmers' Market, the outcome of the Commissioners workshop session on the Farmers' Market, the recommendations on the fire training facility, the priority listing of the roads in the City of Allen for repair, the recommendation on the funding of the street repair and construction, and whether any other comments or input were needed for the other items in the proposed bond program. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Daugherty, the Council voted 7 - 0 to submit the information provided by the city staff on recommendations for the Farmers' Market, the county fire training facility and the streets and thoroughfares as per the request of the County Commissioners. The motion ,�Z carried. ALLEN CITY COUNCIL February 17, 1983 Page 5 Approval of the By -Laws for the City of Allen Library Board (Agenda Item VII -A) Mrs. Barbara Buehler, Library Director, presented to and spoke before the Council on the By -Laws prepared by the Library Board for the Council's review and approval. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the By -Laws for the Library Board as presented. The motion carried. Mrs. Buehler then introduced the Library Board Members in attendance at this meeting, being Gayle Boon, the Chairperson of the Library Board, and Eileen Tollett, the Secretary of the Library Board. Ordinance No. 929-2-83: An Ordinance o£ the City of Allen, Texas, Establishing a Schedule of Fines to be Levied for Overdue Library Materials, Damaged Library Materials, and Lost Library Materials; and, Providing for Appropriate Procedures to be Followed in Those Cases Where Overdue Library Materials Have Not Been Returned. (Agenda Item VII -B) Mrs. Barbara Buehler, Library Director, presented to and spoke before the Council on the proposed ordinance which would establish a schedule of fines to be levied for overdue library materials, damage to library materials, and for lost library materials. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to adopt Ordinance No. 929-2-83 as captioned above. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 8:17 p.m. The meeting reconvened at 8:26 p.m. Approval of Specifications and Authorization to Receive Bids for a Truck for the Water and Sewer Department (Agenda Item VIII) Ernie Hoback, Water and Sewer Superintendent, reviewed briefly the specifications for a mini pick-up truck with the City Council. The Council briefly discussed the specifications and the meaning of using the "plus" and "minus" signs in describing certain body specifications. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 7 - 0 to approve the specifications and authorize the receive of bids for a mini pick-up truck for the Water and Sewer Department. The motion carried. Update on the Industrial Foundation (Agenda Item IX) Mayor Pierson advised the City Council of the establishing of an Industrial Foundation, which is a non-profit corporation, with the purpose of encouraging industrial development in the City of Allen. This foundation was organized through the Industrial Committee of the Allen Chamber of Commerce. Mayor Pierson advised of the foundation's Board of Directors, and the Council had been provided with minutes of their first meeting, articles of incorporation, and the by-laws for the foundation. ALLEN CITY COUNCIL February 17, 1983 Page 6 Update on the Industrial Foundation (continued) (Agenda Item IX) Mayor Pierson advised of various methods of funding and the ultimate goals of the foundation to develop an industrial park which would initially cater specifically to smaller industries employing between five and fifty people. The Council discussed various aspects of this foundation and the development of an industrial park. This item was received as a matter of information. There was no action taken on this item. Central Business District Report (Agenda Item X) Bill Petty, Director of Community Development, spoke before the Council on the work to be done towards establishing a central business district zoning for the City of Allen. He advised the City Council of the research done in this area and some points that needed to be included in this type of zoning, perhaps licensing of businesses, and various efforts that can be used to reach this goal. Mr. Petty then advised the City Council of the existing need for the interpretation of retail uses in the downtown district prior to the establishment of a central business zoning district. Mr. Petty advised that the Planning and Zoning Commission had recommended, at their meeting of February 10, 1983, that in keeping with the original intent of allowable retail uses in the downtown district and precedents set by the Planning and Zoning Commission and City Council at 203A E. Main, the City Staff should be allowed to interpret general retail uses as compatible uses in the downtown district under Section 3.01(L), paragraph 2(j) of the Comprehensive Zoning Ordinance for an interim period of time until the City of Allen does establish a central business zoning district. The City Council discussed with city staff the timeframe as to when the central business zoning district might be achieved in ordinance form, and the interpretation of general retail uses, and a workshop session with the Planning and Zoning Commission to establish goals for such zoning. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to authorize the city staff to interpret general retail uses as compatible uses in the downtown district under Section 3.01(L), paragraph 2(j) of the Comprehensive Zoning Ordinance for an interim period of time until the City of Allen establishes a central business zoning district, in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Police Report - January, 1983 (Agenda Item XI) Police Chief Richard Carroll presented to and spoke before the Council on the Consolidated Summary of Activities of the Allen Police Department for the month of January, 1983. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL February 17, 1983 Page 7 Ordinance No. 930-2-83: An Ordinance Fixing and Determining the General Service Rate to be Charged for Sales of Natural Gas to Residential and Com- mercial Consumers in the City of Allen, Collin County, Texas; Providing for the Manner in Which Such Rate May be Changed, Adjusted, and Amended; and Providing (Emergency Agenda for a Schedule of Service Charges. Item XII) Mayor Pierson advised of the action to date on the Lone Star Gas rate increase request and the appeal to the Railroad Commission. City Manager Jon McCarty advised of the meeting with Lone Star Gas Company and the negotiation of a settlement. Mr. McCarty then reviewed the proposed ordinance showing the 2.33% rate increase, with an effective date of February 1, 1983. Mr. McCarty also advised that Lone Star Gas Company would not submit a request for a rate increase for a period of one year from the adoption of of this ordinance and there will be no retroactive -surcharges or surcharges for attorney fees. Mr. McCarty further advised that if the proposed ordinance is adopted, then the Lone Star Gas Company will withdrawn their appeal to the Railroad Commission. Mr. Mike Schweikhard and Mr. Gilbert Rabbe, with Lone Star Gas Company, were present at this meeting. Mr. Rabbe spoke before the City Council on the negotiation of the rate increase request and the need to maintain the good working relationship between the city and Lone Star Gas Company. Mayor Pierson advised of the City Council's discussions with Mr. Lou Nichols, attorney, and the need to negotiate with Lone Star Gas Company and also the need to maintain the good working relationship. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adopt Ordinance No. 930-2-83 as presented and captioned above. The motion carried. Adjournment into Executive Session MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Paxton, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council into Executive Session at 9:15 p.m. The motion carried. Executive Session In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S., Section 2(g), the Allen City Council convened into Executive Session at 9:25 p.m. to discuss matters pertaining to personnel. The Executive Session was adjourned at 10:10 p.m. These minutes approved on the 3rd day of March 1983 7 Ii erson, MAYOR Marty Hendrix, CITY SECRETARY