HomeMy WebLinkAboutMin - City Council - 1984 - 02/16 - RegularALLEN CITY COUNCIL
REGULAR SESSION
February 16, 1984
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Ward Paxton
Dennis Offutt
Absent:
Don Rodenbaugh
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 16,
1984, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item II)
At the request of City Manager McCarty, Consent Agenda
Item "C" was removed from the Consent Agenda for individual
consideration.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 6 - 0 to approve
and adopt all remaining items on the Consent Agenda as
recommended and as follows:
A. Approval of City Council Minutes of February 2, 1984 -
Regular Session
B. Authorization to City Staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program
as follows:
1. Upbeat, Inc. $ 160.53
Contract No. FS 8023 - Con-
struction of Service Center/
City Hall Annex - Three (3)
Chrome Ashtrays/Trash Receptacles
for Lobby Area
2. Marquette Lease Services, Inc. $ 765.75
Contract No. 13216 - Lease/
Purchase of Telephone System
for Allen Municipal Annex -
February, 1984
D. Set March 1, 1984 as Public Hearings Date on a
Request to Annex Approximately 377 Acres of Land
Lying West of U. S. 75, North and Adjacent to
F.M. 2170 and South and Adjacent to Rowlett Road.
E. Schedule of Taxes Receivable as of January 31, 1984
F. Consolidated Summary of Activities of the Allen Police
Department - January, 1984
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ALLEN CITY COUNCIL
February 16, 1984
Page 2
CONSENT AGENDA (continued) (Agenda Item II)
The motion carried.
End of Consent Agenda
Set March 15, 1984 as Public Hearing
Date on a Request to Zone Approximately
775 Acres to PD (Planned Development)
located West of U. S. 75, Adjacent to
Watters Road Beginning at F.M. 2170 (Consent Agenda
and Extending North of Rowlett Road. Item II -C)
City Manager Jon McCarty advised the Council of a letter
from Mr. Denny Holman, Executive Vice President of Folsom
Investments, Inc., requesting that the public hearing date
on their zoning request of 775 acres of land be scheduled
March 15, 1984, rather than the April 5th date on which annexation
of a portion of this property would be complete.
Mr. McCarty reminded the Council that in the past it has
been the Council's direction that the zoning of the property
occur concurrently with the annexation of the property.
The Council discussed the letter and the request, and the
statement in the letter that the Planning and Zoning Commission
had set the public hearing date for April 5th.
Mr. Bill Petty, Director of Community Development, advised
the Council that the Planning and Zoning Commission did not
make a recommendation that the zoning be scheduled on April 5th,
that the date of April 5th had been determined to be the earliest
date on which annexation of the portion of the request could be
completed.
Council discussed an earlier situation where a similar
request had been received and the Council directed that the
zoning public hearing be held at the time the annexation was
completed.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
set the public hearing date for April 5, 1964 on a
request to zone approximately 775 acres to PD
(Planned Development), located west of U. S. 75, adjacent
to Watters Road beginning at F.M. 2170 and extending
north of Rowlett Road. The motion carried.
Public Hearing: Request to Establish
Permanent Zoning of
Zoning: Planned Development -
97.96 Acres of Land
Location: Northeast Corner of
Malone Road and
F.M. 2170
Requester: Omni Homes (Agenda Item III -A)
Mayor Pierson advised of a letter from Donald P. Herzog,
with Omni Homes, requesting that the public hearing on their
request be rescheduled due to the fact that the requirements
of Section 4.03(6) of the Comprehensive Zoning Ordinance had
not been met. That requirement being that a sign has to be
posted on the property advising of the public hearing and
the request for zoning change ten (10) days before the public
hearing.
ALLEN CITY COUNCIL
February 16, 1984
Page 3
Public Hearing: Request to Establish
Permanent Zoning of
Planned Development -
97.96 Acres
Requestor: Omni Homes (cont'd) (Agenda Item III -A)
MOTION: Upon a motion made by Councilman Womack, and seconded
by Councilman Paxton, the Council voted 6 - 0 to
reschedule the public hearing for Thursday, March 15,
1984, on the request to establish permanent zoning of
Planned Development on 97.96 acres of land located at
the northeast corner of Malone Road and F.M. 2170. The
motion carried.
Public Hearing: Site Plan Approval for
.539 Acres of Land
Location: 100' North of F.M. 2170
Adjacent to Fountain
Park Drive
Requestor: Kindercare Learning Center (Agenda Item III -B)
and
Ordinance No. 491-2-84: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Planned Development Zoning
Ordinance No. 370-10-81 to Include the
Attachments of Exhibit "C", Approved
Site Plan, and Exhibit "D", Approved
Landscape Plan for Development of a
.539 Acre Tract out of the Peter
Wetsel Survey, Abstract No. 990, and
Being Part of a 1.25 Acre Tract of Land
Conveyed to E. T. Boone, Jr., and
Richard Skibill, October, 1980, as
Recorded in Volume 1316, Page 79, of
the Collin County Deed Records, Presently
Delineated on the Official Zoning Map
as a Portion of PD -SC No. 5; Providing
for a Penalty; Providing for an Effective
Date; and Providing for Publication of
the Cantion.
Mayor Pierson read the request into the record as follows:
"Consider Approval of a Site Plan for Kindercare Learning
Center on 1.25 Acres of Land Located 100' North of
F.M. 2170 and Adjacent to Fountain Park Drive."
Mr. Bill Petty, Director of Community Development, advised
the Council of the request for approval of the site plan for
a day care center and the location of the property within the
city.
Mr. Merdoc Smith, representative of the Kindercare Learning
Center, presented to and spoke before the Council on the request
for approval of a site plan for the Kindercare Learning Center
on .539 acres of land out of the Peter Wetsel Survey, Abstract
No. 990, located 100' north of F.M. 2170 and adjacent to
Fountain Park Drive.
Mr. Smith reviewed the site plan and landscape plan, which
showed the location of the day care center building on the property,
the swimming pool area, parking spaces, ingress/egress to the
site, boundaries of the property, playground area, utility lines
to the property, and the plants and shrubs for landscaping.
Mr. Smith advised of the type of day care center that
Kindercare operates and some of the types of programs.
Mayor Pierson opened the public hearing. No one appeared
to speak either for or against the request. Mayor Pierson closed
the public hearing.
ALLEN CITY COUNCIL
February 16, 1984 Page 4
Public Hearing: Site Plan Approval for
.539 Acres of Land
Requestor: Kindercare Learning Center
and
Ordinance No. 491-4-84 (continued) (Agenda Item III -B)
The Council discussed with Mr. Smith the security fencing
around the pool area and around the property and the proposed
use of the pool as a teaching aide and recreational use.
The Planning and Zoning Commission, at their meeting of
January 12, 1984, recommended to the City Council that this
site plan for the Kindercare Learning Center be approved as
presented.
MOTION: Upon a motion made by Councilman Offutt and seconded
by Councilman McClure, the Council voted 6 - 0 to
approve the site plan for the Kindercare Learning
Center on .539 acres of land, in accordance with the
recommendation of the Planning and Zoning Commission,
as stated; and to adopt Ordinance No. 491-4-84 as
captioned previously. The motion carried.
Approval of Preliminary Site Plan -
Professional Building for
Dr. E. T. Boon
Location: Southwest Intersection of
Allen Drive & Coates Drive
Requestor: Dr. E. T. Boon (Agenda Item IV)
and
Resolution No. 490-2-84(R): A
Resolution of the City Council of
the City of Allen, Collin County,
Texas, Establishing Allen Drive as
Future Thoroughfare for Vehicular
Traffic and Prohibiting Onstreet
Parking to Satisfy Onsite Parking
Requirements for Development in
the Central Business District
Bill Petty, Director of Community Development, advised
the Council that normally a site plan of a building of this
type in the Central Business District would be reviewed and
approved by the City Staff, however, this was brought forward
to Council, through the Planning and Zoning Commission, due
to a requirement for on -street parking for the proposed building
and thus a rededication of the required right-of-way to allow
for on -street parking.
Mr. Petty provided background information on the abandonment
of a small triangular shape piece of the right-of-way of Coats
Drive at the intersection of Allen Drive to square up property
owned by Dr. Boon some years ago. At this time, Dr. Boon wishes
to build an office building on this property which would require
on -street parking along Coats Drive which would not be allowed
under the Central Business District regulations since the street
right-of-way had been abandoned and the street does not have
an 80' right-of-way. Thus, Dr. Boon wishes to rededicate the
right-of-way to make the total right-of-way for Coats Drive
along this property the 80' width and allow for on -street parking.
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ALLEN CITY COUNCIL
February 16, 1984
Page 5
Approval of Preliminary Site Plan -
Professional Building -
Dr. E. T. Boon and
Resolution No. 490-2-84(R) (continued) (Agenda Item IV)
Mr. Petty advised that the Planning and Zoning Commission,
at their meeting on February 9, 1984, recommended to the City
Council approval of the request, but also addressed the issue
of on -street parking along Allen Drive. Their recommendation
was approval of the Preliminary Site Plan submitted by
Dr. E. T. Boon to allow for rededication of right-of-way along
Coats Drive and to allow on -street parking along Coats Drive
only, and further that Allen Drive be designated as a future
thoroughfare to prevent on -street parking requests.
Joe Barton King, architect representing Dr. Boon, presented
the site plan showing the location of the building on the property
and the parking areas and reviewed with the Council the triangular
piece of street right-of-way which would be rededicated to the
city in order to provide for the on -street parking on Coats Drive.
Mr. King also advised that Dr. Boon was amenable to the no on -street
parking on Allen Drive.
The Council discussed the realignment of Coats Drive
when the right-of-way was rededicated and when the city had
abandoned this right-of-way previously.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Paxton, the Council voted 6 - 0 to
approve the Preliminary Site Plan for Dr. E. T. Boon
as submitted and in accordance with the recommendation
of the Planning and Zoning Commission, as stated.
The motion carried.
Mayor Pierson advised the Council that the Planning and
Zoning Commission's recommendation of the designation of Allen
Drive as a thoroughfare to prevent on -street parking was put in
the form of a resolution.
Mr. Petty reviewed the proposed resolution with the Council
and explained what the resolution contained.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Paxton, the Council voted 6 - 0 to
adopt Resolution No. 490-2-84(R) as captioned previous-
ly, and in accordance with the recommendation of the
Planning and Zoning Commission, as stated. The motion
carried.
Resolution No. 492-2-84(R): A
Resolution of the City Council,
City of Allen, Collin County, Texas,
Authorizing the City Manager to
Execute an Agreement, a Release
of Lien, and Other Documents
Associated with the Partial Payment
of a Paving Assessment on Property
Located at the Southeast Intersection
of State Highway 5 and Exchange Parkway. (Agenda Item V)
City Manager McCarty advised the Council that they had
recently approved a site plan and preliminary and final plat
on approximately .2 acre tract of land out of a 4.4 acre tract
of land owned by Brian Crow.
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ALLEN CITY COUNCIL
February 16, 1984
M— 'moi
Resolution No. 492-2-84(R)(cont'd) (Agenda Item V)
Mr. McCarty reminded the Council that there presently
exists a paving lien on this property in the amount of
$15,925.00 and $4,782.98 in interest, for a total of $20,707.98,
which Mr. Crow owes the city and advised that he would pay upon
the sale of the .2 acre tract of land. Mr. Crow has advised
the city that he will only be able to pay the $15,925.00 and
LV is willing to sign another real estate lien note for the
remaining $4,782.98 plus interest. Thus, if the City Council
approves of the proposed resolution, the city would receive
the $15,925.00 and release the lien on the .2 acre tract of
land and maintain a lien on the remainder of the property which
is approximately 4.2 acres.
Mr. McCarty advised the Council that the city attorney
had prepared the appropriate documents for execution, being
an agreement for the payment of the $4,762.98, plus interest,
and a release of lien note. The city staff's recommendation
was that the City Council adopt the proposed resolution authorizing
the execution of these documents allowing for a partial payment
of the paving assessment owed by Brian Crow on property located
at the southeast intersection of State Highway 5 and Exchange
Parkway.
The Council discussed with City Manager McCarty the
documents prepared by the City Attorney and Councilman Womack
recommended reviewing another method for accomplishing the
same thing, that being to accept the partial payment, execute
a partial release, and keep the balance of the lien on the
remaining property. Thus, the city keeps it's position with
its existing lien and does not run the risk of being dropped
back to another position, if other liens exist on the property.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
adopt Resolution No. 492-2-84(R), as captioned previously,
with the city staff to work out the appropriate
documents to be prepared and executed. The motion
carried.
Ordinance No. 493-2-84: An Ordinance
of the City of Allen, Collin County,
Texas, Amending the Approved Fiscal
Year 1983 - 1984 Budget by Including
Additional Funds for the Purchase of
Water Meters, Declaring a Public
Necessity and an Emergency. (Agenda Item VI)
Ernie Hoback, Director of Public Works, spoke before the
Council on the proposed ordinance that would approve the
additional funds for the purchase of additional 3/4" water
meters in the amount of $19,500 to meet the increasing needs
of residential development.
The Council discussed with Mr. Hoback the number of meters
needed and how they are
purchased.
by Mayor Pro Tem Farmer
and seconded
MOTION: Upon a motion
made
by Councilman
Womack, the Council voted 6 -
0 to adopt
Ordinance No.
493-2-84, as captioned above.
The motion
carried.
ALLEN CITY COUNCIL
February 16, 1984
Page 7
City Manager Jon McCarty provided the Council with back-
ground information on the suit brought by a number of banks
contesting the method by which banks were assessed for the
purposes of ad valorum taxes by cities, counties and school
districts. He then advised of the status of payment of taxes
by Allen's banks; handed out literature on the status of
bankstock tax settlements issued by the Texas City Attorney's
Association on settlements through the state; advised of the
meetings between the city, the school district and the three
Allen banks regarding this matter; and provided several points
of agreement and contention between the banks and the taxing
jurisdictions.
Mr. McCarty also brought to the Council's attention several
other issues that have not been answered and the options that
the Council has to consider in this matter.
In regard to two of the options, action would have to be
taken by the Council and City Manager McCarty provided the
Council with a opinion from the city attorney regarding what
constitutes a quorum of the Council when several members own
bankstock.
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Update on West Side
Utilities (Agenda Item VII -A)
City Manager McCarty advised the Council of a recent meeting
held by representatives of the parties concerned in the west side
utilities construction, those being the general counsel for Belz
Enterprises, Inc., the bonding company, Onyx Construction Company,
the engineer on the project, and the city.
Mr. McCarty advised that an agreement was not reached at
that meeting to enable the bonding company to take over the project
and see that it is completed, however, an agreement is pending.
Mr. McCarty advised that the payment to the farmers for
crop damage due to construction was discussed at this meeting
and it was found to be consider an allowance under the contract
and would be taken care of once an agreement had been reached.
Mr. McCarty stated that he was concerned about the timing of
reaching an agreement and the payment for those damages.
The Council discussed with Mr. McCarty the need to com-
municate with the property owners on the meetings being held
and the status of receiving their payments during this whole
process.
This item was received as a matter of information. There
was no action taken on this item.
Main Street Property Owners'
Meeting (Agenda Item VII -B)
Mayor Pierson advised the Council of the notice of the
scheduled meeting of the Main Street property owners and the
list of those individuals, which had been sent to the Council.
City Manager McCarty advised the Council that the meeting
was scheduled for Tuesday, February 21, 1984, and if the
Council was interested,they were encouraged to attend.
Based on the meeting with those individuals, the City
Manager advised that he would then proceed to prepare a
schedule for the acquisition of that property.
This item was received as a matter of information. There
was no action taken on this item.
Update on Bank
Stock Issue (Agenda Item VII -C)
City Manager Jon McCarty provided the Council with back-
ground information on the suit brought by a number of banks
contesting the method by which banks were assessed for the
purposes of ad valorum taxes by cities, counties and school
districts. He then advised of the status of payment of taxes
by Allen's banks; handed out literature on the status of
bankstock tax settlements issued by the Texas City Attorney's
Association on settlements through the state; advised of the
meetings between the city, the school district and the three
Allen banks regarding this matter; and provided several points
of agreement and contention between the banks and the taxing
jurisdictions.
Mr. McCarty also brought to the Council's attention several
other issues that have not been answered and the options that
the Council has to consider in this matter.
In regard to two of the options, action would have to be
taken by the Council and City Manager McCarty provided the
Council with a opinion from the city attorney regarding what
constitutes a quorum of the Council when several members own
bankstock.
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ALLEN CITY COUNCIL
February 16, 1984
Marty Hendrlx,�CI�ECRETARY
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Update on Bank
Stock Issue (cont'd) (Agenda Item VII -C)
The Council discussed various aspects of the bank stock
issue.
Mayor Pierson requested that city staff provide the City
Council with copies of the offers proposed by the banks.
This item was received as a matter of information. There
was no action taken on this item.
Collin County Public
Officials Association Meeting (Agenda Item VII -D)
City Manager Jon McCarty advised the City Council that the
Collin County Public Officials Association would be holding
a meeting on Thursday, February 23, 1984, and if anyone was
interesting in attending, they should contact his office.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion
Mayor Pierson advised the City Council that a resignation
letter from Don Rodenbaugh, Councilman Place No. 4, had been
received on this date. Councilman Rodenbaugh was resigning
from Place No. 4 on the Council in order to declare his
candidacy for the Mayor's Place in the upcoming City Council
Election to be held on Saturday, April 7, 1984.
Mayor Pierson advised the Council, that according to the
City Charter, a replacement will have to be appointed to
Place No. 4 until the election is held.
The Council briefly discussed this vacancy.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 6 - 0 to
accept the resignation of Don Rodenbaugh, Councilman
Place No. 4. The motion carried.
Mayor Pierson recognized Mr. James Nelson, representative
with Texas Power and Light Company, who is new to the Allen area.
Adjournment
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 6 - 0 to
adjourn the regular session of the Allen City Council
at 9:02 p.m. on Thursday, February 16, 1984. The
motion carried.
These minutes approved on the lst day of MARCH
1984.
i
M. B. Pierson, MAYOR
Marty Hendrlx,�CI�ECRETARY
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