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HomeMy WebLinkAboutMin - City Council - 1984 - 09/20 - RegularCITY OF ALLEN ANNEXATION PUBLIC HEARING SEPTEMBER 20, 1984 41.628 acres Present: City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary In accordance with Article 970(a), V.A.T.C.S., the public hearing was called to order by City Manager Jon McCarty at 1:00 p.m. on Thursday, September 20, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. City Manager Jon McCarty advised that the 41.628 acres of land out of the William Snider Survey, Abstract No. 821, Collin County, Texas, had been requested to be annexed into the Allen city limits by H. G. Seeligson and Robert C. Sullivan. City Manager McCarty reviewed the location of the property, being west of F.M. 2551 and south of F.M. 2170. City Manager McCarty advised that the prepared service plan for the 41.628 acres was available for public review. City Manager McCarty opened the public hearing. With no one wishing to speak either for or against this annexation request, City Manager McCarty closed the public hearing. The public hearing was adjourned at 1:10 p.m. These minutes reviewed and approved on this the 20th day of September, 1984. r� ;V ALLEN CITY COUNCIL REGULAR SESSION SEPTEMBER 20, 1984 Present: Donald P. Rodenbaugh, Mayor Council Members• Joe Farmer, Mayor Pro Tel Jim McClure Rex Womack Jim Wolfe Ward Paxton Gary Koch City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Executive Session In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(g), the Allen City Council convened into Executive Session at 6:30 p.m. on Thursday, September 20, 1984, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to discuss matters pertaining to personnel. The Executive Session was recessed at 7:30 p.m. Regular Session The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:34 p.m. on Thursday, September 20, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. At this time, Mayor Rodenbaugh advised that the regular session of the Allen City Council would recess in order that the City Council could reconvene into Executive Session in accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(g), in order to discuss personnel matters. The Council reconvened into Executive Session at 7:36 p.m. in the Conference Room of the Allen Municipal Annex. The Executive Session was adjourned at 7:58 p.m. The Allen City Council reconvened into the regular session at 8:00 p.m. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 5 - 0, with Council Members Wolfe and McClure being out of the room, to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of September 6, 1984 - Regular Session B. Approval of City Council Minutes of September 11, 1984 - Called Special Session ago ALLEN CITY COUNCIL September 20,1984 Page 2 CONSENT AGENDA (cont'd) C. Authorization to city staff to pay bills associated with the 1979 - 82 Capital Improvements Program as follows: Marquette Lease Services, Inc. $765.75 Contract No. 13216 - Lease/Purchase of Telephone System for Allen Municipal Annex - September, 1984 D. Set October 4, 1984, as Public Hearing Date on Request to Annex 76.017 Acres of Land Located North of Bandy Lane, East of Malone Road and West of F.M. 2551. E. Set October 4, 1984, as Public Hearing Date on a Request to Annex 56.8619 Acres of Land Located West of F.M. 2551 and South of F.M. 2170. F. Set October 19, 1984, as Public Hearing Date on a Request to Rezone Approximately 50 Acres of Land from R-2 (Residential) to R-5 (Residential) Located West of Timberbend Addition, South of Reed Park, and East of the Fountian Park Addition. G. Resolution No. 545-9-84(R): A Resolution of the City of Allen, Collin County, Texas, Authorizing the Adjustment to the 1983, 1982 f and 1980 Tax Rolls. H. Consolidated Summary of Activities of the Allen Police Department for August, 1984. Appointments to Parks and Recreation Board (Agenda Item III -A) Mayor Rodenbaugh advised the Council that there were six places on the Parks and Recreation Board to be filled with appointments. Those Places were 1, 3, 4, 5, 6, and 7. Appointments to Place 1, 3, and 5 were for expiring terms of office, the appointment to Place 4 was due to a resignation from Bob Outman, and Places 6 and 7 were newly established places on the board. Mayor Rodenbaugh opened the floor for nominations to those places. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Koch, the Council voted 7 - 0 to appoint the following individuals by acclamation to those respective places, with the following terms of office: NAME PLACE TERM David Morgan Place No. 1 9/30/86 Ken Browning Place No. 3 9/30/86 Mickey Christakos Place No. 4 9/30/85 Gary Edstrom Place No. 5 9/30/86 Helen Johnson Place No. 6 9/30/85 Robert (Clint) Miller Place No. 7 9/30/86 The motion carried. ALLEN CITY COUNCIL September 20, 1984 Page 3 Consider Appointments to Library Board (Agenda Item III -B) Mayor Rodenbaugh advised the Council that there was a vacancy in Place No. 4 on the Library Board due to the resignation of Andy Kelly. Mayor Rodenbaugh opened the floor for nominations to that place. Councilman McClure nominated Betty Matthews to Place No. 4. MOTION: Upon a motion made by Councilman Koch and seconded by Councilman Wolfe, the Council voted 7 - 0 that the nominations cease and the Betty Matthews be appointed by acclamation to Place No. 4, with an expiring term of office on June 30, 1986. The motion carried. Consider Appointments to Board of Adjustments/ Sign Control Board (Agenda Item III -C) Mayor Rodenbaugh advised the Council that there were three places on the Board of Adjustments/Sign Control Board to be filled with appointments, and two alternate places on the Board of Adjustment to be filled with appointments. Those places were 2, 4, 5, and Alternates 1 and 2. Places 2, 4, and Alternates 1 and 2 were expiring terms of office, and Place 5 had a vacancy due to the resignation of Don Lewis. Mayor Rodenbaugh opened the floor for nominations to those respective places. Councilman Wolfe nominated the following individuals to the respective places: Carol Henry - Place No. 5 John Cahill - Alternate No. 1 Harold Biggs - Alternate No. 2 Councilman Womack nominated the following individuals to the remaining places: George Chrisman - Place No. 2 John Karlsruher - Place No. 4 MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Wolfe, the Council voted 7 - 0 that the nominations cease and the following individuals be appointed by acclamation: NAME PLACE TERM George Chrisman Place No. 2 9/30/86 John Karlsruher Place No. 4 9/30/86 Carol Henry Place No. 5 9/30/85 John Cahill Alternate Place No.l 9/30/86 Harold Biggs Alternate Place N0.2 9/30/86 The motion carried. ALLEN CITY COUNCIL September 20, 1984 Page 4 Consideration of Appointment to City Health Officer (Agenda Item III -D) Mayor Rodenbaugh advised the Council that appointment of the City Health Officer was to be considered at this time due to the expiring term of office. Mayor Rodenbaugh opened the floor for nominations. Mayor Pro Tem Farmer nominated Dr. Anthony Vita. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 7 - 0 to reappoint Dr. Anthony Vita as the City Health Officer for another term of office, which will expire in September of 1985. The motion carried. Consideration of Appointment to Municipal Court Judge (Agenda Item III -E) Mayor Rodenbaugh advised the Council that appointment of the Municipal Court Judge was to be considered at this time due to the expiring term of office. Mayor Rodenbaugh opened the floor for nominations. Councilman Koch nominated Spencer Kopf. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wolfe, the Council voted 7 - 0 to reappoint Spencer Kopf as the Municipal Court Judge for another two year term of office, which will expire in September of 1986. The motion carried. Tabled Item: Request to Establish Permanent Zoning of PD (Planned Development) on 434± Acres of Land Location: Southwest Corner of F.M. 2170 and U.S. 75 Requestor: Tomlin Properties (Agenda Item IV) and Ordinance No. 546-9-84: 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, so as to Establish Permanent Zoning, To -wit: "PD" Planned Development No. 26, on the Following -Described Tract of Land: Approximately 434 Acres of Land, More or Less, Out of the Michael Lee Survey, Abstract No. 543, the James Wilcox Survey, Abstract No. 1017, and the David Nix Survey, Abstract No. 668, Collin County, Texas; Providing for Use Regulations; Providing for a Concept Land Use Plan; 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. ,�93 ALLEN CITY COUNCIL September 20, 1984 Page 5 Tabled Item: Request to Establish Permanent Zoning of PD on 434± Acres Requestor: Tomlin Properties (cont'd) (Agenda Item IV) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to remove this item from the table for consideration. The motion carried. Dave Dennison, with Tomlin Properties, presented to the Council the revised land use plan and revised land use regulations and reviewed in detail those changes. Mr. Dennison advised that Tract 1 had been delineated on the land use plan as Tracts 1A, 1B, 1C, 1D and 1E, with A, B, and E as commercial districts and C and D as office districts. Starting on Page 2 of the land use regulations, Mr. Dennison reviewed the land use regulations. He indicated that in paragraph gg, the wording should be added "shall be allowed by specific use only". He then reviewed the area regulations for these tracts. Mr. Dennison advised of the addition of paragraph 4(4) on page 3 adding the requirement for the 25' landscape buffer along F.M. 2170, and that it had been added in the general standards of development. Mr. Dennison then reviewed the provisions for floor area ratios, the use of flood plain area inthefloor area ratio calculations, the identification of Tract 3B for the community facilities tract and the inclusion of a metes and bounds description of that property; the density of the minimum dwelling size for apartments listed on page 10; the medium density residential of the two-family dwellings in Tract 5B on F.M. 2170; and the density of Tract 8 for single-family residential development. Mr. Dennison advised that there was a correction on page 15 in paragraph 1 which read "292 units" rather than the 320 units. There was considerable discussion by the Council with Mr. Dennison on the additional requirement of the 100' building set -back line along F.M. 2170 and particularly as it pertained to the two-family residential tract and the single-family residential tracts along F.M. 2170. There was also discussion on the placement of a residential street within that 100' building set -back area, the 100' set -back requirement starting from the street right-of-way of F.M. 2170, and the consideration of this question at the time of platting and not as part of the zoning request. Mr. Dennison continued his presentation and indicated that the tracts of land in this development and as shown on the land use plan had been described in new metes and bounds descriptions which were located at the end of the land use regulations. The Council discussed with Bill Petty, Director of Community Development, the 100' building set -back requirement for this development in comparison to the Willard Baker tract, and Mr. Petty advised that this requirement had been placed on their land use map. Mr. Petty advised that to include it in this zoning action, it would just need to be simply stated that the city will require a 100' building set -back from the street right-of-way of F.M. 2170. 2p(� ALLEN CITY COUNCIL September 20, 1984 Page 6 Tabled Item: Request to Establish Permanent Zoning of PD on 434± Acres Requester: Tomlin Properties (cont'd) (Agenda Item IV) In further discussion on this request, the Council reviewed the changes to paragraph gg on page 2; adding the wording for the 100' building set -back requirement; changing of the wording on page 1, paragraph 2(b) to read "new boat sales or repairs"; and designating the community facilities tract as the park site to be dedicated to the City of Allen. The Council had further discussion on the need for widening of F.M. 2170 at the intersection of U.S. 75 and the needed street improvements on Bethany Road before this development should be approved; the use of the term "hardship" on certain tracts pertaining to the 25' landscape area requirement and which governmental body would act on that hardship case; and the question of just dedicating the park land to the city rather than to the city and the school district. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted six (6) for and one (1) opposed, with Councilman Paxton casting the negative vote, to approve the zoning request on the 434± acres of land, with the following amendments to the land use regulations: 1. Page 1 - Paragraph 2b. changed to read "Used Boat Sales with new Boat Dealership only". 2. Page 2 - Paragraph gg changed to read "Such uses may be permitted under Section 2.06 of the Zoning Ordinance for Specific Uses in the General Business District shall be allowed by specific use only." 3. Page 8 - Paragraph 2 - Tract 3-B: The purpose of this tract is to place land into public use for a park. The tract will be dedicated to the City of Allen at the time adjacent land is platted and developed, or at an earlier time if requested by the City of Allen. 4. Page 15 - Paragraph 1 changed to read "General: This Tract shall be developed for single-family, detached dwellings, together with the allowed incidential and accessory uses. The maximum number of dwellings shall not exceed two hundred ninety two (292) units in this tract." 5. A 100' building set -back fromthe right-of-way of F.M. 2170 will be stipulated at the time of platting on all property along F.M. 2170. and to adopt Ordinance No. 546-9-84, revised with these amendments. The motion carried. (1101 Public Hearing: Request to Annex 41.628 Acres Location: South of F.M. 2170 and West of F.M. 2551 Requester: H. G. Seeligson and Robert C. Sullivan (Agenda Item V) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing on a Request to Annex 41.628 Acres of Land Located South of F.M. 2170 and West of F.M. 2551." arc ALLEN CITY COUNCIL September 20, 1984 Paqe 7 Public Hearing: Request to Annex 41.628 Acres Requester: H. G. Seeligson and Robert C. Sullivan (cont'd) (Agenda Item V) Mr. Frank Polma, with R -Delta Engineers, spoke before the Council on this request for annexation of 41.628 acres of land out of the William Snider Survey, Abstract No. 821, Collin County, Texas. Mayor Rodenbaugh opened the public hearing. With no one wishing to speak either for or against this request, Mayor Rodenbaugh closed the public hearing. The Council discussed with Mr. Polma and city staff the location of the property and its' contiguousness to the existing city limits. City Manager Jon McCarty advised the Council that in accordance with state law, the first public hearing was held by city staff at 1:00 p.m. on Thursday, September 20, 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. The annexation ordinance would be before the Council for their consideration at their regular meeting on October 18, 1984. There was no action taken on this item. Ordinance No. 547-9-84: An Ordinance of the City of Allen, Collin County, Texas, Setting, Fixing, and Adopting the Tax Rate for the City of Allen, Texas, for the Fiscal Year Beginning October 1, 1984; and Ending September 30, 1985; and Providing for an Effective Date for this Ordinance. (Agenda Item VI -A) City Manager Jon McCarty distributed to the Council summary sheets of the proposed fiscal year 1984 - 85 budget, as presented to the Council during the budget process with adjustments that had been made based on the results given to the city by the Central Appraisal District. City Manager McCarty did highlight some areas of the budget for the Council and pointed out that these areas had been indicated as important in the recent citizens' survey questionnaire for the comprehensive planning process. Additional funds have been provided for the street improvements, emergency services protection, the comprehensive planning process, and computerization of certain city functions. Mr. McCarty pointed out that this budget represents a 2.5C increase in the tax rate. Councilman Paxton discussed with the Council his opposition to raising the tax rate. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted six (6) for and one (1) opposed, with Councilman Paxton casting the negative vote, to adopt Ordinance No. 547-9-84, setting the tax rate for the Fiscal Year 1984 - 85 at 42.50 per $100.00 valuation. The motion carried. atim ALLEN CITY COUNCIL September 20, 1984 Page 8 Ordinance No. 548-9-84: An Ordinance of the City of Allen, Collin County, Texas, Approving and Adopting the Budget and Setting Appropriations for the Fiscal Year Beginning October 1, 1984, and Terminating September 20, 1985; and Providing for an Effective Date. (Agenda Item VI -B) The Council briefly discussed the proposed ordinance which would approve setting the appropriations for the FY 1984 - 85 budget and the inclusion of the setting of ambulance fees within the same ordinance. The Council also discussed the finalized budget figures and what they represented. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Koch, the Council voted six (6) for and one (1) opposed, with Councilman Paxton casting the negative vote, to adopt Ordinance No. 548-9-84 as presented. The motion carried. Resolution No. 549-9-84(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Amending Certain Policies and Procedures as they Pertain to City Employee Benefits Including Disability Insurance, Overtime Pay and Compensatory Time and Amending the City's Personnel Policies and Procedures Manual Accordingly. (Agenda Item VI -C) City Manager McCarty distributed the proposed resolution which amended certain policies and procedures as they pertain to the city employee benefits including disability insurance, overtime pay and compensatory time. City Manager McCarty reviewed the proposed changes in the policies and procedures in the referenced areas. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Paxton, the Council voted 7 - 0 to approve and adopt Resolution No. 549-9-84(R) as presented. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 9:12 p.m. The meeting reconvened at 9:20 p.m. Consideration of a Request to be Allowed to Circulate Petition in City Parks (Agenda Item VII) Harold Weaver, 557 Northridge Drive, spoke before the Council on a request to circulate petitions in city parks. The petitions indicated an interest in having competative soccer sanctioned in the Allen High School for the school year 1985 - 86. Mr. Weaver advised that they are requesting to circulate the petitions on the soccer fields located behind the Allen Municipal Annex and Reed Park during the rest of September and through November 1, 1984. v The Council discussed if this request would stand apart from other requests to circulate petitions, the effects of approving this request, and the intent of the ordinance when it was adopted. A copy of the entire ordinance was obtained for the Council to review. The Council reviewed the ordinance and discussed this request, and the reasoning behind the request. MOTION: Upon a motion made by Mayor Pro Tem Farmer, and seconded by Councilman Paxton, the Council voted 7 - 0 to approve the request to circulate the petitions as presented by Mr. Weaver. The motion carried. .19/7 ALLEN CITY COUNCIL September 20, 1984 Page 9 Approval of Independent Audit Engagement Letter for FY 1983 - 84 with Peat, Marwick & Mitchell (Agenda Item Viii) Brent Lewis, Finance Director, presented a schedule of events for the fiscal year audit for 1983 - 84 with the auditing firm of Peat, Marwick & Mitchell, and reviewed that schedule with the Council. City Manager McCarty reminded the Council of the appointment of the Council Committee that would be meeting with the auditing firm on the conduct of this audit. The Council discussed the fee being charged for the audit in the amount of $16,000.00. MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the independent audit engagement letter for the FY 1983 - 84 audit with the firm of Peat, Marwick and Mitchell. The motion carried. Classification of Certain Sewer Equipment and Authorization for Sale of Subject Equipment (Agenda Item IX) City Manager Jon McCarty advised the Council of two old pumps and motors that were removed from the Hillside Sewer Lift Station when the Eastside Sewer Interceptor line was installed and the need to classify them as excess property in order to sell them. They are not compatible with any of the city's existing equipment and the City of Dallas has indicated an interest in purchasing this equipment. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Womack, the Council voted 7 - 0 to classify the two pumps and motors as excess equipment and to another interested city or as scrap metal. The motion carried. Action Committee Update and Subcommittee Appointments (Agenda Item X -A) Mayor Pro Tem Joe Farmer advised the Council of the work at the last Oversight Committeemeeting held on Spetmeber 18th and the presentation of the survey results. He also advised of the finalizing of the contract with the planning consultants for the comprehensive plan, being Harland Bartholomew and Associates. Mayor Pro Tem Farmer advised of the upcoming meeting on October 2nd and of the meetings of the individual subcommittees between now and October 2nd. Mayor Pro Tem Farmer reminded the Council that there had been a change in the chairman/vice chairman role on one of the subcommittees. It was to appoint Gary Koch, then a member of Planning and Zoning Commission, as the chairman of the Trans- portation Subcommittee, with Councilman Ward Paxton as the vice chairman. Now that Mr. Koch has been appointed to the Council, with the resignation of Councilman Dennis Offutt, it creates a problem where two Council Members are serving as chairman and vice chairman of one subcommittee and two new Planning and Zoning Commisssion Members are chairman and vice chairman of the Parks and Recreation Subcommittee. `M, ALLEN CITY COUNCIL September 20, 1989 Page 10 Action Committee Update and Subcommittee Appointments (cont'd) (Agenda Item X -A) Mayor Pro Tem Farmer discussed with the Council changing the chairmen and vice chairmen to the original format or just leaving them the way they are now. It was the consensus of the Council that the chairmen and vice chairmen should just be left the way they are now. This item was received as a matter of information. There was no action taken on this item. Main Street Committee Report (Agenda Item X -B) Mayor Rodenbaugh advised the Council that they have met and with the city staff's assistance have obtained copies of assessment policies in other cities and have consulted with the city engineer on an assessment policy. However, the committee is still not ready to bring forth a final document for the Council's review. City Manager Jon McCarty advised the Council that the committee had discussed with the city engineer the contract for the preliminary design work for improvements to Main Street. The Council discussed the need to finalize the assessment policy and proceed with the work on Main Street. Several Council Members indicated that they had received inquiries from the citizens as to when the work would begin. This item was received as a matter of information. There was no action taken on this item. Use of City Easement by North Texas Municipal Water District (Agenda Item X-C) As a matter of information City Manager Jon McCarty advised the Council of the upcoming constructionofthe 92" McKinney Parallel Water Line and the location of the line beginning at the intersection of F.M. 2170 and F.M. 1378. He stated that the preliminary engineering had shown the line to be located on the north side of the roadway. However, since some problems would be incurred by placing the line in that location, the North Texas Municipal Water District is considering the use of the city's existing 30' easement located on the Southside of the roadway. Mr. McCarty stated that there is now existing in that easement an 18" water line located on the north end of the easement. In a preliminary review of the situation, it appears that the NTMWD water line could be placed in that easement as well as another water line that might be needed by the City of Allen in the years to come. The Council discussed briefly the location of the water line in the west portion of the city and how it will effect development in that area. City Manager Jon McCarty advised the Council that if it is determined that the District wants to use this easement, an item would be brought back for the Council's consideration at a later date. This item was received as a matter of information. There was no action taken on this item. 69 ALLEN CITY COUNCIL September 20, 1984 Page 11 General Discussion Mayor Rodenbaugh advised the Council of a situation regarding a nonconforming bill board sign which had been purchased by Shelley Realtors located on the west side of U. S. 75. Mr. Marvin Shelley then had the sign painted and repaired not knowing that the sign was a nonconforming sign. The city notified him of that fact and advised that the sign would have to come down. He has requested an appearance before the Sign Control Board for a variance, and in the time period before his appearance before the board, has requested that the sign be left up. City staff has advised him that in accordance with the sign control ordinance, the sign would have to be taken down. Bill Petty, Director of Community Development, spoke before the Council on the city staff's enforcement of the sign control ordinance and the ordinance being specific as to the action that has to be taken. There was considerable discussion by the Council on this particular request and the fact that this should be handled administratively. There was no action taken on this request. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:02 p.m. on Thursday, September 20, 1984. The motion carried. These minutes approved on the 4th day of OCTOBER , 1984. r• o' Marty Hendrix O CITY SECRETARY