HomeMy WebLinkAboutMin - City Council - 1984 - 08/16 - RegularCITY OF ALLEN
ANNEXATION PUBLIC HEARING
AUGUST 16, 1984
300.68 acres
Present:
City Staff:
Jon McCarty, City Manager
Judy Morrison, Acting on behalf of the City Secretary
Guest:
Dennis R. McDaniel, Austin Fairchild, A Texas Corporation
Janiva Toler-Hardage, Austin Fairchild, A Texas Corporation
In accordance with Article 970(z), V.A.T.C.S., the public
hearing was called to order by City Manager Jon McCarty at
1:00 p.m. on Thursday, August 16, 1984, in the Council Chambers
of the Allen Municipal Annex, One Butler Circle, Allen, Texas.
City Manager Jon McCarty advised that the 300.68 acres
of land out of the J. J. Driggers Survey, Abstract No. 274,
the Shadrick Jackson Survey, Abstract No. 489, the D. M. Tucker
Survey, Abstract No. 914, and the Mary Standifer Survey,
Abstract No. 812, had been requested tobeannexed into the
Allen city limits by Dennis R. McDaniel, with Austin Fairchild
Corporation, and Patrick Duprez.
City Manager McCarty reviewed the location of the property,
being south of State Highway 121, north and south of Rowlett
Road, and east of F.M. 2178. Mr. McCarty advised that 258.356
acres belonged to the Austin Fairchild Corporation and that
42.327 acres belonged to Patrick Duprez.
City Manager McCarty opened the public hearing.
Mr. Dennis R. McDaniel and Ms. Janiva Toler-Hardage of
Austin Fairchild Corporation, were present to represent the
owners of the property for the proposed annexation.
With no one else wishing to speak either for or against
this annexation request, City Manager McCarty closed the public
hearing.
The. public hearing was adjourned at 1:08 p.m.
These minutes reviewed and approved on this the 16th day
of August, 1984.
J7 arty, TY 14TGER
J y M rison, Acting on behalf
of the City Secretary
-� 4D
ALLEN CITY COUNCIL
REGULAR SESSION
August 16, 1984
Present:
Donald P. Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Jim Wolfe
Ward Paxton
Gary Koch, newly appointed Council Member
City Staff•
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called to
order by Mayor Rodenbaugh at 7:30 p.m. on Thursday, August 16, 1984,
in the Council Chambers of the Allen Municipal Annex, One Butler
Circle, Allen, Texas.
Oath -of -Office to Newly Appointed
Councilman, Place No. 6 (Agenda Item II -A)
City Secretary Marty Hendrix administered the oath -of -office
to Gary Koch, newly appointed Council Member for Place No. 6.
Plaque -of -Appreciation to Resigning
Councilman, Place No. 6 Dennis Offutt (Agenda Item II -B)
Since Mr. Offutt was not present at the meetinq at this
time, Mayor Rodenbaugh passed over this item.
CONSENT AGENDA (Agenda Item III)
As requested by City Manager Jon McCarty, 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 Koch, the Council voted 7 - 0 to approve
and adopt all the remaining items on the Consent Agenda
as recommended and as follows:
A. Approval of City Council Minutes of August 2, 1984 -
Regular Session
B. Approval of City Council Minutes of August 6, 1984 -
Called - Special Session
D. Ordinance No. 534-8-84: An Ordinance of
the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described Territory
to the City of Allen, Texas, Approximately
139.148 Acres Located in the Peter Fisher
Survey, Abstract No. 324, Collin County,
Texas, and Extending the Boundary Limits
of the City so as to Include Said Hereinafter -
Described Property within the City Limits and
Granting to all Inhabitants and Owners of Said
Property all of the Rights and Privileges of
Other Citizens and Binding all Inhabitants by
all the Ordinances, Acts, Resolutions and
Regulations of Said City; Providing a
Severability Clause; and Providing for the
Effective Date of Said Ordinance.
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ALLEN CITY COUNCIL
August 16, 1984
Page 2
CONSENT AGENDA (cont'd) (Agenda Item III)
E. Authorization to city staff to pay bills associated
with the 1979 - 82 Capital Improvement Program as
follows:
1. Marquette Lease Services, Inc. $ 765.75
Contract No. 13216 - Lease/
Purchase of Telephone System
for Allen Municipal Annex -
August 1984
2. Texas Power & Light Company $2,045.00
Contract No. 821004 -
Construction of Park Place Dr. -
Difference in cost for underground
street lights on Park Place Drive
3. Craig Olden, Inc. $3,280.86
Contract for Hank Protection for
Rowlett Creek at Cottonwood Creek
Aerial Crossing - Estimate No. 1 -
July 1 - 31, 1984.
F. Schedule of Taxes Receivable as of July 31, 1984
G. Consolidated Summary of Activities of the Allen
Police Department as of July, 1984.
The motion carried.
End of Consent Agenda
Set September 2, 1984 as Public
Hearing Dates for a Request to
Annex 376.98 Acres of Land
Located South of Stacy Road, North
of Exchange and West of Malone
Road (Consent Agenda Item C)
City Manager Jon McCarty advised the Council that this item
needed to be corrected to reflect the date of September 6, 1984,
rather than September 2, 1984, which would be the next regular
Council meeting date.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by
Councilman McClure, the Council voted 7 - 0 to approve
the correction to September 6, 1984 as the public
hearing dates on the annexation request of 376.98 acres
of land. The motion carried.
Donation of $50,000
for Greenbelt/Linear
Park Study
At this time, Mayor Rodenbaugh advised the Council that a
special request to appear before the Council had been made by the
McDermott Family. The Mayor asked Ms. Mary McDermott to make
her presentation to the Council.
Mary McDermott, on behalf of her mother, Mrs. Margaret McDermott,
appeared before the Council and presented to the Mayor a check in
the amount of $50,000 from the Eugene McDermott Foundation to
be used for the Greenbelt/Linear Park Study for flood plain
management.
Ms. McDermott then read a letter from Mrs. Eugene McDermott
to the Council. (see Attachment No. 1)
Mayor Rodenbaugh thanked the McDermott Family for this gift
and for their support in the community.
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ALLEN CITY COUNCIL
August 16, 1984 Page 3
TABLED ITEM: Consider a Request to
Establish Permanent Zoning of PD
(Planned Development) on Approximately
434 Acres of Land Located at the
Southwest Corner of F.M. 2170 and
U.S. 75 (Agenda Item IV)
Mayor Rodenbaugh advised the Council that the requestor,
Mr. Dave Dennison with Tomlin Properties, had requested that this
item remain tabled and that he would not be at this meeting.
There was no action taken on this item.
TABLED ITEM: Consider a Request to Rezone
Approximately 179 Acres of Land from
PD No. 17 to PD (Planned Development)
and to Permanently Zone Approximately
45 Acres of Land PD (Planned Development)
Located at the Northwest Corner of
F.M. 2170 and U.S. 75. (Agenda Item V)
Since the requestor was not present at the meeting at this
time, Mayor Rodenbaugh passed over this item.
Public Hearing: Request to Annex
Location: 300.68 Acres South
of S.H. 121, North
and South of Rowlett
Road and East of
F.M. 2478
Requestor: Austin - Fairchild Corp.
Patrick Duprez (Agenda Item VI -A)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to consider a Request to Annex 300.68 Acres
of Land Located South of S.H. 121, North and South of
Rowlett Road, and East of F.M. 2478."
Ms. Janiva Toler-Hardage of Austin Fairchild Corporation
spoke before the Council on this annexation request of 300.68 acres
of land out of the J.J. Driggers Survey, Abstract No. 274, the
Shadrick Jackson Survey, Abstract No. 489, the D.M. Tucker Survey,
Abstract No. 914, and the Mary Standifer Survey, Abstract No. 812.
The Austin Fairchild Corporation owns 258.356 acres of land in
this request and the remaining 42.327 acres belong to Patrick
Duprez.
Mayor Rodenbaugh opened the public hearing. No one appeared
to speak either for or against this annexation request. Mayor
Rodenbaugh closed the public hearing.
City Manager advised that in accordance with state law,
the first public hearing was held by city staff at 1:00 p.m. on
Thursday, August 16, 1984. Minutes of those proceedings had been
furnished to the Council for their review. The service plan had
been prepared and was available for public review.
Consideration of the annexation ordinance would be brought
forth to the City Council at their regular meeting to be held on
September 6, 1984.
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ALLEN CITY COUNCIL
August 16, 1984
Page 4
Public Hearing: Request to Establish
Permanent Zoning of
Zoning: R-4, R-5, TH, MF -2
LR and 0 on 138± Acres
Location: North of F.M. 2170
and West of Malone
Road
Requester: Bass Development Co. (Agenda item VI -B)
and
Ordinance No. 535-8-84: 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
Establish Permanent Zoning on 139
Acres of Land, More or Less, in the
Following -described Tracts of Land, to
wit: "LR" Local Retail on 7.3 Acres of
Land, "O" Office on 16.2 Acres of Land,
"MF -2" Multi -family on 8 Acres of Land,
"TH" Townhouse on 10.9 Acres of Land,
"R-5" Single-family Residential on
46.0 Acres of Land, "R-4" Single-family
Residential on 50.7 Acres of Land, Out
of the Peter Fisher Survey, Abstract
No. 324, Collin County, Texas, Located
at the Intersection of F.M. 2170 and
Malone Road; Providing for a Penalty
of Fine not to Exceed the Sum of One
Thousand Dollars ($1,000.00) for Each
d Offense; and Declaring an Emergency.
E and
Resolution No. 536-8-84(R): A Resolution
of the City Council of the City of Allen,
Collin County, Texas, Adopting Certain
Voluntary Deed Restrictions on Approximately
139 Acres of Land Located at the Northwest
Corner of the Intersection of F.M. 2170
and Malone Road, and Providing the City of
Allen the Authority to Withhold Certificates
of Occupancy Necessary for the Lawful Use
of the Property Until Such Restrictions
are Fully Complied With.
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to consider a Request to Establish Permanent
Zoning of R-4, R-5 (Residential), TH (Townhouse), MF -2
(Multi -family), LR (Local Retail), and 0 (Office) on
Approximately 139 Acres of Land Located North of F.M. 2170
and West of Malone Road."
Don Bass, with Bass Development Company, presented to and spoke
before the Council on this zoning request on the 139 acres of land
located in the Peter Fisher Survey, Abstract No. 324, of Collin
County.
Using the proposed zoning plan of the property, Mr. Bass
reviewed the location of the property and advised of the zoning
on the adjacent properties.
Mr. Bass then reviewed the proposed zoning districts on the
139 acres,outlined the thoroughfares for this development, the
densities of the development, and reviewed in detail the deed
restrictions to be attached to development on this tract of land.
ALLEN CITY COUNCIL
August 16, 1984
Page 5
Public Hearing: Request to Establish
Permanent Zoning of
R-4, R-5, TH, MF -2,
LR and O
Requestor: Bass Development Co. (Agenda Item VI -B)
and
Ordinance No. 535-8-84 and
Resolution No. 536-8-84(R)
Mayor Rodenbaugh opened the public hearing. No one appeared
to speak either for or against this request. Mayor Rodenbaugh
closed the public hearing.
The Planning and Zoning Commission, at their regular meeting
of July 12, 1984, recommended to the City Council approval of this
zoning request and adoption, by resolution, of the volunteered
deed restrictions.
Bill Petty, Director of Community Development, spoke before
the Council on the deed restrictions, advised of the research on
this type of deed restrictions by city staff, handed out prepared
policies which pertain to deed restrictions that are to be tied
to developments, and reviewed those policies.
The Council then discussed with city staff and Mr. Bass the
administration of the deed restrictions and the burden it may
place on city staff for enforcement of the deed restrictions.
MOTION: Upon a motion made by Mayor Pro Tem. Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to approve
the zoning request as presented and in accordance with the
recommendation of the Planning and Zoning Commission,
as stated; and to adopt Ordinance No. 535-8-84, as
captioned previously, establishing the zoning on this
property. The motion carried.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Wolfe, the Council voted 7 - 0 to approve
and adopt Resolution No. 536-8-84(R), as captioned
previously, adopting the voluntary deed restrictions for
this development. The motion carried.
Mayor Rodenbaugh recessed the regular session of the Allen
City Council at 8:11 p.m. The meeting reconvened at 8:24 p.m.
At this time Mayor Rodenbaugh returned to Agenda Item V.
At this time, Mayor Don Rodenbaugh advised the Council that
in accordance with Article 988b, V.A.T.C.S., the Conflicts of
Interest Statute, he would be abstaining from consideration of
this request and had filed the proper executed affidavit with
the City Secretary. Mayor Rodenbaugh turned the meeting over
to Mayor Pro Tem Farmer.
Councilman Gary Koch also advised the Council that in
accordance with the conflicts of interest statute, he would also
be abstaining from consideration of this request and had filed
the proper executed affidavit with the City Secretary. Both
Mayor Rodenbaugh and Councilman Koch stepped down from the
bench.
ALLEN CITY COUNCIL
August 16, 1984
TABLED ITEM: Request to Rezone
Page 6
Zoning: Approximately 179
Acres from PD No. 17
to PD (Planned Development)
and to permanently Zone
45 Acres
Location: Northwest Corner of F.M. 2170
and U.S. 75
Requester: Shelley Realtors (Agenda Item V)
and
Ordinance No. 537-8-84: 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,and Repealing
Ordinance No. 481-12-83 (Planned Development
No. 17) so as to Change a 179 Acre Tract of
Land out of the W.J. Jackson Survey,
Abstract No. 484, the William Perrin
Survey, Abstract No. 708, the A.B. Perrin
Survey, Abstract No. 713, and the John
Fyke Survey, Abstract No. 325, from the
Current Zoning District Classification of
Planned Development No. 17 to Planned
Development No. 27; and to Establish
Permanent Zoning, to -wit: "PD" Planned
Development No. 27 on an Additional 45
Acre Tract of Land out of the Catherine
Parsons Survey, Abstract No. 711;
Providing for a Land Use Plan, Providing for
Use Regulations; Providing for a Penalty of
Fine not to Exceed the Sum of One Thousand
Dollars ($1,000.00) for Each Offense
Providing for a Severability Clause; and
Providing for the Effective Date of Said
Ordinance.
MOTION: Upon a motion made by Councilman Wolfe and seconded by
Councilman McClure, the Council voted 5 - 0 to remove
this item from the table for consideration. The motion
carried.
Marvin Shelley, with Shelley Realtors, spoke before the Council
on this planned development request, and of the clients that had
indicated an interest in development on this property.
Craig Curry, with Nelson Engineering, spoke before the Council
on the changes that had been made to the proposed planned
development plan from the discussions at the Council meeting
of August 2, 1984. Mr. Curry explained that those changes included
changes in the floor area ratios, the deletion of the zoning
designation of "high tech", and changes in the permitted use
regulations.
Mr. Curry then handed out new use regulations to the Council
and reviewed in detail the use regulations and the changes that
had been made on the zoning designations from "high tech" to
PD -CO, and PD -C.
There was considerable discussion by the Council on the
accessory uses listed in the use regulations and how they would
be determined for certain uses; the construction of the thoroughfares
for this development and in particular the construction of the
widening of the underpass of McDermott (F.M. 2170) at U.S. 75 and
whether they would participate in the cost of this improvement;
and the recommendations of the Planning and Zoning Commission
concerning the construction of an eight lane thoroughfare at that
location.
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ALLEN CITY COUNCIL
August 16, 1984
TABLED ITEM: Request to Rezone
Page 7
179 Acres from
PD No. 17 to PD and
Permanently Zone
45 Acres to PD
Requestor: Shelley Realtors (cont'd) (Agenda Item V)
and
Ordinance No. 537-8-84:
The Planning and Zoning Commission, at their meeting of
June 28, 1984, had recommended to the City Council that the planned
development be approved as presented with the following stipulations:
1. The addition of the words "no outside storage" beside
Plumbing Shop on page 15 of the use regulations.
2. The changing of the word "minimum" to "maximum" on
page 19 of the use regulations.
3. The inclusion of an addendum of the traffic consultant
with a recommendation of the eight lane divided
thoroughfare between Watters and U. S. 75 as an addition
at a future date.
4. The chanqing of the name of Shelley Drive to Watters
Drive.
City Manager Jon McCarty spoke before the Council on the needed
improvements to McDermott and who would participate in that project.
MOTION: A motion was made by Councilman Wolfe and seconded by
Councilman McClure to approve the request for rezoning
from PD No. 17 to Planned Development No. 27 and to
permanently zone 45 acres to PD No. 27 in accordance with
the recommendation of the Planning and Zoning Commission,
as stated; and with the following stipulations:
1. Accessory uses in PD -G0, PD-OC,:.PD-C and PD -CO
are to be defined at the time of site plan submission.
2. Right-of-way for F.M. 2170 (McDermott Road) of
120' to 140' for an eight lane thoroughfare is to be
defined by the City of Allen at the time of platting
of this property;
and to adopt Planned Development Ordinance No. 537-8-84,
as captioned previously. The Council voted four (4) for,
one (1) opposed, with Councilman Paxton casting the
negative vote, and with two (2) abstentions from Mayor
Rodenbaugh and Councilman Koch. The motion carried.
At this time, Mayor Pro Tem Farmer returned to Item VI -C
on the Agenda.
Mayor Rodenbaugh and Councilman Koch also abstained from
consideration of this zoning request.
Public Hearing: Request to Establish
a4l
Permanent Zoning of
Zoning:
FP -PD on 127.50 Acres
Location:
West of U.S. 75,
Adjacent and West of
Watters Branch, and
North of F.M. 2170
Requester:
Shelley Realtors -
Bray Central II (Agenda Item VI -C)
and
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ALLEN CITY COUNCIL
August 16, 1984
Page 8
Public Hearing: Request to Establish
Permanent Zoning on
127.50 Acres
Requestor: Shelley Realtors
Bray Central II (cont'd) (Agenda Item VI -C)
and
Ordinance No. 538-8-84: 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 Establish
Permanent Zoning, to -wit: "PD" Planned
Development No. 28, on the Following -
described Tract of Land: Approximately
127.50 Acres of Land, More or Less,
Conveyed by E. Molsen as Recorded in
Volume 580, Page 213, of the Collin
County Deed Records, Located in the
Catherine Parson Survey, Abstract No. 711,
Collin County, Texas; Providing for a
Property Description; Providing for a
Land Use Plan; Providing for a Land Use
Regulation; Providing for a Penalty of
Fine not to Exceed the Sum of One
Thousand Dollars ($1,000.00) for Each
Offense; Providing for a Severability
Clause; and Providng for an Effective
Date.
Mayor Pro Tem Farmer read the request into the record as
follows:
"Public Hearing to Consider a Request to Establish Permanent
Zoning of FP -PD (Flood Plain - Planned Development) on
127.50 Acres of Land Located West of U.S. 75, Adjacent and
West of Watters Branch, and North of F.M. 2170."
Craig Curry, with Nelson Engineering, presented to and spoke
before the Council on this request to establish permanent zoning
of Flood Plain - Planned Development on the following tracts of
land, with the following planned development zoning designations:
Tract "A-1" Planned Development - Townhouse
Tract "A-2" Planned Development - Townhouse
Tract "B-1" Planned Development - Multi -family
Tract "B-2" Planned Development - Multi -family
Tract "C-1" Planned Development - Garden Office
Tract "D-1" Planned Development - Commercial
Mr. Curry presented the land use plan and advised of the
location of the property, the thoroughfares around and through
the property, reviewed in detail the use regulations and each of
the zoning district classifications, and pointed out the flood
plain areas and the considerations being made in those areas.
The Council discussed with Mr. Curry the open space area
calculation and if the flood plain area had been considered in that
total figure.
Mayor Pro Tem Farmer opened the public hearing.
Mary McDermott spoke before the Council on the 100' set -back
building requirement, with landscaping and berms, that had been
part of the Willard Baker project, and requested that this also
be used on this development.
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ALLEN CITY COUNCIL
August 16, 1984,
Page 9
Public Hearing: Request to Establish
Permanent Zoning of
127.50 Acres
Requestor: Shelley Realtors -
Bray Central II (cont'd) (Agenda Item VI -C)
and
Ordinance No. 538-8-84 (cont'd)
Mrs. Frances Williams, general partner of Montgomery Farms,
expressed her concerns with the needed construction for the
underpass of U.S. 75 at McDermott (F.M. 2170) and that this
needed to be completed before any more development on the west
side of U.S. 75.
With no one else wishing to speak either for or aqainst this
request, Mayor Pro Tem Farmer closed the public hearing.
The Planning and Zoning Commission, at their regular meeting
of July 12, 1984, recommended to the City Council approval of this
request, with the following stipulations:
1. The last paragraph under "lot area" on page 5 of the
use regulations should read 3,000 square feet and 2,250
square feet.
2. The first paragraph on Page 6 of the use regulations
under the "lot width" should read 30 feet.
The following paragraph under "lot depth" should read
110 feet.
3. The "height regulations" on page 15 of the use regulations
should read "no building shall exceed 45 feet or 3 stories
in height, with the deletion of the remaining portion of
the paragraph.
4. The development plan should show the north/south
thoroughfare to be named Watters Drive and not Shelley
Drive.
5. The overall zoning title of PD should be changed to FP - PD
(Flood Plain - Planned Development).
The Council discussed the density of the townhouse development
and the frontage of the townhouse units, the density of the multi-
family, the 100' building set -back along McDermott to Watters Road
in keeping with the adjacent property, the lot widths in the
townhouse development, the minimum floor area of the multi -family
district being changed, and the construction and widening of
the underpass on McDermott at U.S. 75.
MOTION: A motion was made by Councilman McClure and seconded by
Councilman Womack to approve the request for Flood Plain -
Planned Development on the 127.50 acres of land in
accordance with the recommendations of the Planning and
Zoning Commission, as stated; with the following
stipulations:
1. Set backs and berms are to be consistent with
the adjoining property to the west along F.M. 2170
(McDermott) as follows:
(a) A 100' set -back for building line from
dedicated right-of-way for F.M. 2170.
(b) Within the 100' set -back for building line,
the first 25' of that area will be bermed
and landscaped according to City of Allen
specifications.
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ALLEN CITY COUNCIL
August 16, 1984
Page 10
_Public Hearing: Request to Establish
Permanent Zoning of
127.50 Acres
Requestor: Shelley Realtors
Bray Central II (cont'd) (Agenda Item VI -C)
and
Ordinance No. 538-8-84 (cont'd)
2. PD-TH Planned Development Townhouse Residential
District Regulations will be changed as follows:
(a) This district will provide for 6 dwelling
units per gross acre.
(b) Lot Area - No building shall be constructed
on any lot less than four thousand (4,000)
square feet. Such lots shall have a minimum
buildable area of two thousand five hundred
(2,500) square feet.
(c) Lot Width - The width of the lot shall not
be less than thirty-five (35) feet at the
front street building line.
3. PD -MF - Planned Development Multi -Family Residential
District Regulations will be changed as follows:
Minimum Floor Area Distribution:
700 square feet or greater -- 58
800 square feet or greater -- 508
900 square feet or greater -- 208
1000square feet or greater -- 158
1100 square feet or greater -- 108
and to adopt Flood Plain - Planned Development Ordinance
No. 538-8-84, as captioned previously. The Council voted
four (4) for, one (1) opposed, with Councilman Paxton
casting the negative vote, and with two (2) abstentions
from Mayor Rodenbaugh and Councilman Koch. The motion
carried.
Mayor Pro Tem Farmer recessed the regular session of the Allen
City Council at 9:56 p.m. The meeting reconvened at 10:05 p.m.
Mayor Rodenbaugh and Councilman Koch returned to their places
on the Council bench.
Ordinance No. 539-8-84: An Ordinance (Agenda Item VII)
of the City of Allen, Collin County,
Texas, Regulating the Discharge of
Industrial Wastes into the Sanitary
Sewers of the City; Establishing a
Permit System; Establishing a System
of Charges for Services Rendered;
Regulating Unsewered and Miscellaneous
Discharges; Repealing Ordinance No. 77;
Providing for a Penalty Not to Exceed
Two Hundred Dollars ($200.00) for
Each Offense; and Declaring and
Emergency.
Ernie Hoback, Director of Public Works, presented to and spoke
before the Council on the proposed ordinance that would regulate
the discharge of industrial waste into the sanitary sewer system
of the city.
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ALLEN CITY COUNCIL
August 16, 1984
Page 11
Ordinance No. 539-8-84 (cont'd) (Agenda Item VII)
Dolan McKnight, Wastewater Systems Manager with the North
Texas Municipal Water District, was present to answer any
technical questions.
Mr. Hoback explained about the outdatedness of the city's
existing ordinance that regulates discharge of industrial waste and
(`, advised of the changes in the law and the need to conform to the
E.P.A. Standards and to satisfy the requirements of the N.T.M.W.D.
for safe plant operation.
The Council discussed with Mr. Hoback the restrictiveness of the
ordinance, the penalty for violation of this ordinance, the
surcharge fee, how the city can stop violators, how the industries
in the city would be monitored year to year, how oil and grease are
disposed of, reports that have to be filed with the State from
industries regarding wastewater disposal, if tests are being
conducted now to see if certain chemicals are being disposed of in
the sanitary sewers, and how the N.T.M.W.D. monitors their plant.
The Council discussed with Mr. Hoback a periodic check on the
city's industries in order to check to see that they are in
compliance with this ordinance.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by
Councilman Womack, the Council voted 7 - 0 to adopt
Ordinance No. 539-8-84, as captioned previously. The
motion carried.
At this time, Mayor Rodenbaugh returned to Agenda Item II -B.
Plaque -of -Appreciation to Resigning
Councilman, Place No. 6, Dennis Offutt (Agenda Item II -B)
Mayor Rodenbaugh presented a plaque -of -appreciation to Dennis
Offutt, resigning Councilman in Place No. 6 on the Allen City
Council and expressed the Council's appreciation for his service
on the Council from April of 1982 through July of 1984.
Financial Report (Agenda Item VIII)
Brent Lewis, Finance Director, presented a summary of the
financial statements for the period ending June 1984. For the
period June, 1984 and 1983, that summary contained the income
statements of the general and utility funds; revenues; income
statement for utility fund showing separate water and sewer accounts;
departmental expenditures; departmental expenditures compared to
budget; total budget percentages by department; percentage to fund
budget by revenue category; and percentages to total budget by
expenditure categories.
This item was received as a matter of information. There was
no action taken on this item.
Establish Main Street
Thoroughfare Priority (Agenda Item IX)
Mayor Rodenbaugh advised of the work of the Council -appointed
committee concerninq the prioritization of construction of the
Main Street thoroughfare, their report at the budget retreat,
and their request that this item come before the Council for
further deliberation and action.
It is the recommendation of the city staff that the Council
establish the Main Street project between U.S. 75 and S.H. 5 as a
priority for immediate action and to authorize the city staff to work
with the Council -appointed committee regardinq plans for right-of-way
acquisition, selection of a consulting engineer and development of
a financing program.
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ALLEN CITY COUNCIL
August 16, 1984
Page 12
Establish Main Street
Thoroughfare Priority (cont'd) (Agenda Item IX)
There was considerable discussion by the Council on which
portion of Main Street that needs to be improved, the availability
of funds from the state to help fund part of this project and the
city's need to approach the state for participation, the need for
the total elements of the financing program before the project
is started, what right-of-way will be purchased initially, and
the initiation of an assessment program to help fund this project.
MOTION: Upon a motion made by Councilman Koch and seconded by
Councilman Womack, the Council voted six (6) for and
one (1) opposed, with Councilman Paxton casting the
negative vote, that the portion of Main Street between
U.S. 75 and State Highway 5 be established as a priority
for immediate action and that the city staff work with
the Council -appointed committee regarding plans for
right-of-way acquisition, selection of a consulting engineer
and development of a financing program in accordance with
the city staff's recommendation, as stated. The motion
carried.
In further discussion on this item, there was considerable
interest by the Council to develop the financing program and make
an approach to the state to seek funds from them for this project.
In addition, there was considerable discussion on the establishing
of an assessment policy with a formula to determine the costs that
will be assessed. It was the consensus of the Council, that
an assessment policy and elements of the financial program would be
prepared by city staff and the Council -appointed committee within
30 days and brought back for the Council's consideration.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 7 - 0 to adopt
Resolution No. 540-8-84(R), as captioned above. The
motion carried.
Review Budget Calendar (Agenda Item X -B)
City Manager McCarty reviewed with the Council the upcoming
dates for public hearings on the city's FY 1984 - 85 Budget and
Revenue Sharing and the tax rate.
Mr. McCarty advised that the public hearing onthe budget
and revenue sharing would be held on Thursday, August 23rd, at
Lw 7:00 p.m. The tax rate public hearing had been scheduled for
Tuesday, September 11th.
This item was received as a matter of information. There
was no action taken on this item.
16;L
Resolution No. 540-8-84(R): A Resolution
by the City Council, of the City of Allen,
Collin County, Texas Certifying and
Approving the 1984 Tax Roll as Approved
by the Collin County Appraisal Review
Board
(Agenda
Item X -A)
City Manager Jon McCarty advised the
Council of the
proposed
resolution certifying and approving the 1984
Tax Roll in
the amount
of $430,434,734 for total assessed value,
$497,040,137
in total
market value, and $77,801,586 in total new property.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 7 - 0 to adopt
Resolution No. 540-8-84(R), as captioned above. The
motion carried.
Review Budget Calendar (Agenda Item X -B)
City Manager McCarty reviewed with the Council the upcoming
dates for public hearings on the city's FY 1984 - 85 Budget and
Revenue Sharing and the tax rate.
Mr. McCarty advised that the public hearing onthe budget
and revenue sharing would be held on Thursday, August 23rd, at
Lw 7:00 p.m. The tax rate public hearing had been scheduled for
Tuesday, September 11th.
This item was received as a matter of information. There
was no action taken on this item.
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ALLEN CITY COUNCIL
August 16, 1984 Page 13
Set September 11, 1984 as
Public Hearing on the Proposed
Tax Rate (Agenda Item X-C)
City Manager McCarty handed out to the Council a sample of
the notice to be published in the newspaper regarding the public
hearing on the tax rate and reviewed briefly the state law regarding
the calculation of the effective tax rate.
City Manager McCarty advised the Council that with the
proposed budget for FY 84 - 85, the calculation of the effective
tax rate had been a 5.188 increase, thus the public hearing would
have to be held. This public hearing on the tax rate had been
scheduled for Tuesday, September 11, 1984, at 7:30 p.m.
The Council discussed the proposed tax rate and the need for
the public hearing.
MOTION: Upon a motion made by Councilman McClure and seconded by
Councilman Wolfe, the Council voted six (6) for and one
(1) opposed, with Councilman Paxton casting the negative
vote, to set Tuesday, September 11, 1984, at 7:30 p.m.,
in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas, as the date, time and place
for the public hearing on the tax rate. The motion carried.
Authorize Contracting on the
Design and Engineering of
Ford Park
(Agenda Item XI)
Mark Thornton, Director of Parks and Recreation, spoke
before the Council on the contracting with an engineering firm
to begin the design and engineering on phase one of Ford Park.
Mr. Thornton advised the Council that the city staff had
contacted several consulting firms and had requested a list of
similar projects from each consultant that were similar to the
Fork Park project. City staff then reviewed those finished
projects and determined the top two firms that have the experience
in the development of athletic facilities, which were Johnson,
Johnson, and Roy, Inc., and Schrickel, Rollins and Associates, Inc.
Mr. Thornton then advised the Council that after further
review, the city staff's recommendation to the Council was that
the city contract with Schrickel, Rollins, and Associates, Inc.,
for the final design work, engineering, bid specifications and
to oversee portions of the construction of Ford Park.
Mr. Thornton explained that in more detail their work would
be to review and finalize the design for Ford Park, prepare
engineering for the swimming pool, bath house, and the combination
softball/soccer fields.
Mr. Thornton presented the original drawing of Ford Park and
reviewed the areas that were being considered in phase one of
construction and pointed out that in the review and final design
of the park that several locations of the facilities may be
changed in order to make the best use of the land.
The Council discussed with Mr. Thornton the location of the
ballfields and the layout of the fields, the cost figure for the
consultant, and how the consultant will be involved in the project
as far as overseeing the construction of it, how the funding from
the state grant will be received, when the construction of the
tennis courts will take place and being very careful who the
contractor is on that project, and the role of the Parks and
Recreation Board in this project.
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ALLEN CITY COUNCIL
August 16, 1984
Page 14
Authorize Contracting on the
Design and Engineering of
Ford Park (cont'd) (Agenda Item XI)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by
Councilman McClure, the Council voted 7 - 0 to authorize
the contracting for the design and engineering of Ford
Park in accordance with the recommendation of the city
koi staff, as stated. The motion carried.
Review Comprehensive
Plan Calendar
(Agenda Item XII -A)
Bill Petty, Director of Community Development, spoke before
the Council on the mailing of the survey questionnaire for the
comprehensive planning process and handed out to the Council a
revised comprehensive plan calendar showing the upcoming dates of
the comprehensive planning process.
Mr. Petty then reviewed that calendar with the Council.
City Manager McCarty advised the Council that the proposals
from the planning consultants would be sent to the Council for
their review about a week before the meeting scheduled to select
the planning consultant.
The Council discussed holding another meeting of the Action
Committee after the August 30th meeting in order to discuss in
more detail the upcoming work of the subcommittees with the
planning consultant and their direction in the comprehensive planning
process. It was determined that that could be discussed at the
August 30th meeting.
This item was received as a matter of information. There
was no action taken on this item.
Report on Plano Boundary
Discussions (Agenda Item XII -B)
Mayor Rodenbaugh advised the Council that the boundary
agreement had been taken to the City of Plano for their review
and approval and a point of clarification needed to be made in
this agreement to the Council.
Mayor Rodenbaugh advised the Council that the City of Plano
in their thoroughfare plan had intended to move the location of
the intersection of Custer Road (F.M. 2478) further east in
order to eleviate the necessity for a bridge over the creek at the
existing location. With this move, the City of Allen would be
giving away some additional land to the City of Plano in the
boundary agreement. Another consideration will be if Frisco and
McKinney will agree to the moving of the north portion of F.M. 2478
to meet up with this new alignment.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion
City Manager Jon McCarty advised. the Council of the upcoming
meeting of the Collin County Public Officials Association to be
held on Thursday, August 23rd, at 6:30 p.m., at the Harvey House
in Plano.
City Manager McCarty advised the Council that the Council -
appointed committee that is to work on the Lone Star Gas rate
increase request was now minus a member since the resignation
of Dennis Offutt. Therefore, Mr. McCarty requested that another
member of the Council be appointed to fill that vacancy.
aq
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ALLEN CITY COUNCIL
August 16, 1984 Page 19
General Discussion (cont'd)
Mayor Pro Tem Farmer volunteered to serve on that committee.
City Manager McCarty advised that the committee would be meeting
with him on Monday, August 21st, at 5:00 p.m., at the Allen
Municipal Annex.
Mayor Rodenbaugh recessed the regular session of the Allen
City Council at 11:50 p.m. in order to convene into Executive
Session.
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 11:54 p.m. on Thursday, August 16,1984, in
the Conference Room of the Allen Municipal Annex, One Butler Circle,
Allen, Texas, in order to discuss personnel matters.
The Executive Session was adjourned at 12:05 a.m. The
Allen City Council reconvened into regular session.
Consider Appointment to
Place No. 4 on the Planning
and Zoning Commission
(Agenda Item IX)
Mayor Rodenbaugh advised the Council that Place No. 4 on
the Planning and Zoning Commission was vacant due to the
appointment of Gary Koch to the City Council.
Mayor Rodenbaugh opened the floor for nominations to Place
No. 4 on the Planning and Zoning Commission.
Councilman Jim Wolfe nominated Scott Hoover.
MOTION: Upon a motion made by Councilman Womack and seconded by
Mayor Pro Tem Farmer, the Council voted 7 - 0 that the
nominations cease and that Scott Hoover be appointed by
acclamation to Place No. 4 on the Planning and Zoning
Commission. The motion carried.
Mayor Rodenbaugh advised that Scott Hoover had been appointed
to the Planning and Zoning Commission, with his unexpired term of
office to expire in June of 1985.
Adjournment
MOTION: Upon a motion made by Councilman McClure and seconded by
Councilman Womack, the Council voted 7 - 0 to adjourn
the regular session of the Allen City Council at 12:13 a.m.
on Friday, August 17, 1984. The motion carried.
These minutes approved on the 6th day of September , 1984.
1 1V�vvvvW
Marty Hendrix, ITY SECRETARY
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ATTACHMENT TO MINUTES OF AUGUST 16, 1984
The Eugene McDermott Foundation
3808 Enda Aven:e , Dallas.IMM 75206
August 16, 1984
The Honorable Don Rodenbaugh
Mayor, City of Allen
Allen, Texas 75002
Dear Don:
It gives Trustees of The Eugene McDermott Foundation
great pleasure to enclose a check in the amount of $50,000
to the City of Allen for the Rowlett Creek Study for Flood
Plain Management. This grant must be deposited before
August 31, 1984.
It is our wish that the professional selected for this
important program must possess qualifications of the highest
National caliber. Before your final decision in the selection
process of the Rowlett Creek Plan Consultant, Mary and I would
appreciate an opportunity for us --since we are involved and
interested --to review the qualifications of your nominees.
I understand matching grants from the State might be
co available to supplement such a study. Surely, the Allen
taxpayers and citizens deserve and would benefit from any
and all additional financial support for the project.
As a concerned citizen, I urge the City Council not to
grant further zoning for the West End of Allen until a master
plan is complete. How can thoughtful and correct decisions
be made until street, sewer lines, and flood plain boundaries
are finalized?
I am cognizant this will inconvenience developers, also
the pressure every member of your Staff receives from these
people. But it is obvious your decisions concerning this
area will affect the future of Allen for years to come. We
who have lived in and loved this community hope all growth
will be deliberately planned and well considered so our City
will evolve with distinction.
I want to thank you again for all the courtesies you
have given my family now and in the past thirty years.
With warm regards,
Mrs. Eugene McDermott
President
MMMCD/pb
cc: Members of the Allen City Council
W_