HomeMy WebLinkAboutMin - City Council - 1984 - 02/02 - RegularALLEN CITY COUNCIL
REGULAR SESSION
February 2, 1984
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Don Rodenbaugh
Ward Paxton
Dennis Offutt
Absent•
Jim McClure
Rex Womack
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, February 2,
1984, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item II)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Offutt, the Council voted 5 - 0 to
approve and adopt all items on the Consent Agenda as
recommended and as follows:
A. Approval of City Council Minutes of January 19,
1984 - Regular Session
B. Authorization to City Staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program
as follows:
1. W. W. Cannon Company, Inc. $ 257.07
Contract No. FS 8023 - Con-
struction of Service Center/
City Hall Annex - Metal
Cabinet for Storage of
Janitorial Supplies
2. Shimek, Jacobs & Finklea $ 373.15
Services through December 31,
1983, in connection with
report, plans and specifi-
cations on Bank Protection
of Rowlett Creek near Cotton-
wood Creek Sewer Crossing
3. Uvalde Construction Company $42,373.66
Contract No. 821004 - Con-
struction of Park Place
Drive - Payment No. 9
ALLEN CITY COUNCIL
February 2, 1984 Page 2
CONSENT AGENDA (cont'd) (Agenda Item II)
Ronald E. Fix & Associates $ 2,214.76
Contract No. 821004 - Con-
struction of Park Place Drive -
Inspection Fee, Engineering
Fee, and Construction Staking
for 12/25/83 through 1/25/84
C. Set March 1, 1984 as Public Hearing Date on a Zoning
Request by Future One Development on 13.6 Acres of
Land Presently Zoned MF -1 (Multi -Family) to PD
(Planned Development) Located East of Jupiter Road
North and West of Hillside Village Subdivision.
Cancel a Public Hearing Scheduled for February 16,
1984 on a Request for a Specific Use Permit to
operate an Arcade in a Designated Area of the Allen
Bowl.
The motion carried.
End of Consent Agenda
Approval of Replat of Lots 1 and 10
of Block B, Old Donation
Addition to One Buildable
Lot
Location: Northwest Corner of Coats
and Butler Drive
Requester: Richard Erickson (Agenda Item III)
Mr. Richard Erickson presented to and spoke before the
Council on the Replat of Lots 1 and 10 of Block B of the Old
Donation Addition, located at the northeast corner of the
intersection of Coats and Butler Drive.
Mr. Erickson advised the Council of the location of the
property and that this was a situation where the residential
structure on the property had been built across property
lines and the request was to remove the interior property
lines and establish the perimeter property lines of this
property into one buildable lot.
The Council discussed with Mr. Erickson the distance
that Butler Drive was constructed to that property.
Bill Petty, Director of Community Development, advised
the Council of the actual recorded right-of-way existing on
this property at the present time and the needed right-of-way
for Butler Drive, if the street is improved at a future date.
There was further discussion by the Council on the plans
for construction of Butler Drive in the future and if there
was enough street right-of-way available for construction.
The Planning and Zoning Commission, at their meeting of
January 26, 1984, had recommended to the City Council approval
of the replat as presented.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman Rodenbaugh, the Council voted
5 - 0 to approve the Replat of Lots 1 and 10 of
Block B, Old Donation Addition, to one buildable lot
as presented, and in accordance with the recommendation
of the Planning and Zoning Commission, as stated.
The motion carried.
ALLEN CITY COUNCIL
February 2, 1984
Page 3
Resolution No. 488-2-84(R): A Resolution
of the City Council of the City of Allen,
Collin County, Texas, Appointing the
Election Officials for the April 7, 1984
City Council Election, Setting the Rate
of Pay for the Election Officials, and
the Maximum Number of Election Clerks
for the Polling Place. (Agenda Item IV)
City Secretary Marty Hendrix advised the Council of the
proposed resolution appointing the election officials for the
April 7, 1984 City Council Election. Those individuals being:
Juanelle Dalsing Election Judge
Bob Curtis Alternate Election Judge
Margaret McBride Clerk
Marie Hefner Clerk
Lee Dell Tugger Clerk
Ruth Gilliland Clerk
Ms. Hendrix also advised that the judges and clerks would
be paid at the rate of $5.00 per hour, with the judge to
receive an additional $25.00 for the delivery of the ballots to
city hall. The resolution also set a maximum of seven clerks
to work at the polling place, if needed on election day.
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MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Offutt, the Council voted 5 - 0 to
adopt Resolution No. 488-2-84(R) as presented. The
motion carried.
Resolution No. 489-2-84(R): A Resolution
of the City of Allen, Collin
County,
Texas, Authorizing the Mayor of the City
of Allen to Execute an Agreement Establish-
ing the Ultimate City Limit Boundary Limits
Between the City of Allen and the City of
Lucas Collin County, Texas. (Agenda Item V)
Mayor Pierson advised the Council of the negotiations with
the City of Lucas to establish the ultimate city limit boundaries
between the City of Allen and the City of Lucas and that an
agreement had been reached.
City Manager Jon McCarty presented to the Council a map
marked with the agreed upon boundary running along the east
right-of-way line of F.M. 1378 to Rock Ridge Road; then along
the east right-of-way of Rock Ridge Road to intersection of
F.M. 2170; then along the south right-of-way line of F.M. 2170
to the intersection of F.M. 2551; then along the east right-of-
way line of F.M. 2551 to the intersection of Bandy Lane.
Mr. McCarty also advised that the agreement also required
each city to dedicate the necessary right-of-way to implement
the County's thoroughfare plan.'.
MOTION: Upon a motion made by Councilman Rodenbaugh and
seconded by Mayor Pro Tem Farmer, the Council voted
5 - 0 to adopt Resolution No. 489-2-84(R) as
presented. The motion carried.
Update on Parks and Recreation
Activities (Agenda Item VI)
Since Mark Thornton, Director of Parks and Recreation,had
not arrived at the Council meeting, Mayor Pierson moved on to
the next agenda item.
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ALLEN CITY COUNCIL
February 2, 1984
Page 4
Update on West Side Utilities (Agenda Item VII -A)
General Discussion
Mayor Pro Tem Joe Farmer brought up for general discussion
the situation existing with the taxing of bank stock, the pending
action of the Collin County Commissioner's Court in regard to
the three Allen Banks regarding that tax, and how it affects the
city's receipt of ad valorumtaxes.
Mayor Pierson and City Manager McCarty explained to the
Council the Supreme Court decision and the status of the current
situation existing with the three banks in Allen and a
determination of what taxes they will pay.
There was considerable discussion on the decision-making
process on a negotiated settlement between the city and the
banks on a formula for the taxes of the bank stock; who would
make it; and the definition of a quorum of the Council needed
to act on this item, especially since a majority of the Council
Members own bank stock.
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City Manager Jon McCarty advised the Council of the
problems now existing with the construction of the off-site
water and sewer utilities being done to service the
Manufacturer's Outlet Mall, which is being developed by Belz
Enterprises.
Mr. McCarty advised of the declaration of bankruptcy by
the construction company, Huscon; the termination of Huscon
from the project by Belz Enterprises; and the calling in of the
bonding company, U.S.F. & G., to take over the project.
Mr. McCarty advised of a scheduled meeting between those
parties and the city to see that this project is completed and
the appropriate payments made to all parties.
Mr. McCarty also advised of the problems incurred by the
property owners that the city obtained easements from to
construct the utilities and the need for reimbursement to those
individuals for crop loss due to the construction.
The Council discussed if a meeting was going to be set up
with the property owners involved and the bonding company; the
percentage of the project completed, and the percentage of the
outstanding bills which had been paid. The Council requested
that city staff continue to provide the Council with an update on
the status of the project and the resolving of the problems
incurred.
This item was received as a matter of information. There
was no action taken on this item.
New Employees (Agenda Item VII -B)
Bill Petty, Director of Community Development, advised the
Council of the interviewing process and selection of the
individual for the new position of Development Coordinator and
his work on the development of the update of the Comprehensive
Plan.
Mr. Petty introduced Tom Keener to the City Council, and
advised of his previous schooling and work. The Council
welcomed Mr. Keener to the city's employment.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion
Mayor Pro Tem Joe Farmer brought up for general discussion
the situation existing with the taxing of bank stock, the pending
action of the Collin County Commissioner's Court in regard to
the three Allen Banks regarding that tax, and how it affects the
city's receipt of ad valorumtaxes.
Mayor Pierson and City Manager McCarty explained to the
Council the Supreme Court decision and the status of the current
situation existing with the three banks in Allen and a
determination of what taxes they will pay.
There was considerable discussion on the decision-making
process on a negotiated settlement between the city and the
banks on a formula for the taxes of the bank stock; who would
make it; and the definition of a quorum of the Council needed
to act on this item, especially since a majority of the Council
Members own bank stock.
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ALLEN CITY COUNCIL
February 2, 1984 Page 5
General Discussion (cont'd)
In further discussion, the Council requested that City
Staff obtain a ruling from legal counsel on the number of
Council Members needed for a quorum to act on a decision.
Update on Parks and Recreation
Activities
(Agenda Item VI)
Mark Thornton, Director of Parks and Recreation, advised
the Council of the status of the land acquisition policy being
developed by the Parks and P.ecreation Board, which will identify
the goals of the Parks and Recreation Department, the types of
parks the city wants, the size and the various uses in the
parks, and future planning based on population and means of
acquisition.
Mr. Thornton then advised of the status of the Rowlett
Creek Corridor Study by the Parks and Recreation Board.
Mr. Thornton then provided the Council with an update
on the construction being done to Rolling Hills Park, the total
cost of the project and the completion date for the project.
Mr. Thornton presented slides showing the construction
work on the park by the city's Parks and Recreation Maintenance
personnel.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion
Mayor Pro Tem Farmer brought up for discussion the status
of the proposed meeting with the Lovejoy School District, the
Allen Independent School District with the City Council,
regarding future growth and concerns with the Omni Development.
Councilman Rodenbaugh advised that he had talked with the
President of the Lovejoy School Board and he had indicated they
needed to do a lot of work before they would be ready to discuss
future planning.
Adjournment
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 5 - 0 to
adjourn the regular session of the Allen City Council
at 8:48 p.m. on Thursday, February 2, 1984. The motion
carried.
1984.
These minutes approved on the 16th day of February
M. B. Pierson, MAYOR
�SECRETARY
Marty HndrixCI