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HomeMy WebLinkAboutMin - City Council - 1987 - 08/20 - RegularALLEN CITY COUNCIL REGULAR SESSION AUGUST 20, 1987 Present• Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Bobby Glass Jim Wolfe Jim Pendleton Jack Pennington 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 7:39 p.m. on Thursday, August 20, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Mayor Pro Tem Farmer, and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve as presented all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of July 30, 1987 - Called - Special Workshop Session. B. Approval of City Council Minutes of August 6, 1987 - Regular Session. C. Approval of City Council Minutes of August 7, 8, & 9, 1987 - Budget Retreat Workshop Session. D. Authorization to city staff to pay bills associated with the 1985 Capital Improve- ment Program as follows: 1. Black & Veatch Engineers $ 3,464.51 Project No. 90-003-2 Design of the Water System Supervisory Control and Telemetry - Engineering Services Period: 8/6/87 2. Black & Veatch Engineers $ 1,007.20 Project No. 90-002-2 Construction of 2MG Elevated Water Tower - Resident Engineering Services Period: 8/6/87 3. Black & Veatch Engineers $ 3,000.00 Project No. 90-002-2 Construction of 2MG Elevated Water Tower - Engineering Services Period: 8/6/87 ALLEN CITY COUNCIL REGULAR SESSION AUGUST 20, 1987 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 4. Hidell Architects $ 3,100.00 Project No. 55-001-3 Design Development of New Library Facility - Architectural Services - Reimbursable Expenses $ 12.40 Period: July, 1987 5. Graham Associates $ 16,588.50 Project No. 75-002-2 Engineering Design for Main Street Phases II and III Period: Thru: 7/21/87 6. Graham Associates $ 2,040.00 Project No. 75-003-2 Construction of Jupiter Road - Staking and Contract Admini- stration Period: Thru: 7/21/87 7. Hidell Architects $ 4,760.00 Project No. 40-001-3 Construction of Police and Courts Building - Architect- ural Services - Reimbursable Expenses $ 637.43 Period: July, 1987 8. The Allen American $ 34.20 Project No. 50-002-6 Ford Park - Phase II - Advertisement for Bids Period: July, 1987 9. The Allen American $ 97.20 Project No. 40-001-6 Police & Courts Building - Advertisement for Bids Period: July, 1987 E. Schedule of Taxes Receivable as of July 31, 1987. F. Ordinance No. 803-8-87: An Ordinance by the City Council of the City of Allen, Collin County, Texas, Certifying the 1987 Tax Roll as Approved and Certi- fied by the Collin County Appraisal Review Board. The motion carried. End of the Consent Agenda Ordinance No. 804-8-87: An Ordinance of the City of Allen, Collin County, Texas, Disannexing 8.614 Acres of Land Out of the Simpson M. Pulliam Survey, Abstract No. 707, and the George White Sur- vey, Abstract No. 993, From the City of Allen, Collin County, Texas, So as to Exclude Said Property From The City Limits; and Providing a Severability Clause and an Effective (Agenda Item III) Dr. Joel Goldsteen, with JIG Planners, Inc., and representing the proponents, Gihon Financial Corporation, spoke before the Council on the request to disannex 8.614 acres from the corporate city limits of Allen in order that this property may be annexed by the City of Plano. Mr. Goldsteen explained to the Council that this request was being made due to an understanding between the City of Allen and the City of Plano regarding the realignment of Custer Road (F.M. 2478). ALLEN CITY COUNCIL REGULAR SESSION AUGUST 20, 1987 Page 3 Ordinance No. 804-8-87 (cont'd) (Agenda Item III) Mayor Rodenbaugh also spoke before the Council on the re- alignment of Custer Road and the boundary agreement that the City of Allen has with the City of Plano. The Council discussed with city staff if this disannexation request was in total agreement with all of the other communities involved in this situation. City Manager Jon McCarty spoke before the Council on the fact that the intersection of Custer Road and State Highway 121 repre- sents the boundaries of four cities. The northeast corner is McKinney, the southeast is Allen, the southwest is Plano, and the northwest corner is Frisco. Mr. McCarty advised that all of the entities have been involved in the realignment of Custer Road with State Highway 121 and concur with the proposal. Mr. McCarty also stated that in an agreement between Plano and the State Department of Highways and Public Transportation, the State will construct F.M. 2478 from Legacy to McDermott and the City of Plano will con- struct F.M. 2478 from McDermott to S.H. 121. Collin County will also probably participate in the construction costs since multiple jurisdictions are involved. Mr. McCarty stated that the City of Allen's involvement at this point in this process will be to assist in the acquisition of right-of-way for the proposed alignment. MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Pennington, the Council voted 7 - 0 to approve the request for disannexation of the 8.614 acres and to adopt Ordinance No. 804-8-87, as captioned pre- viously. The motion carried. Ordinance No. 805-8-87: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 364, Sections 2 Through 14, and Chapter 8, "Licenses and Business Regulations", Article III, "Itinerant Merchants, Peddlers, Etc.", Divisions 1 and 2, of the City of Allen Code of Ordi- nances; Defining and Regulating Itinerant Merchants, Itinerant Vendors, Peddlers, and Persons Selling or Taking Orders for Goods, Wares, Merchandise, Services, Photo- graphs, Newspapers, Magazines, or Subscriptions to Newspapers or Maga- zines; Providing for a License, a License Fee and Identification Card Fee; Exempting Those Engaged in Interstate Commerce from License Fees But Requiring Such Persons and/ or Organizations to Register with the City Secretary; Providing for a Pen- alty Clause, a Severability Clause, Publication of the Caption, and an Effective Date. (Agenda Item IV) City Secretary Marty Hendrix spoke before the Council on the proposed new solicitor's license. Ms. Hendrix reviewed with the Council several typographical errors that had been discovered in the ordinance as proposed and advised of the correct wording. Ms. Hendrix reviewed with the Council the changes that had been made in the new ordinance as opposed to the existing ordinance. Those areas were the inclusion of licensing for mobile vendors; inclusion for a time period as to when the permit should be issued ALLEN CITY COUNCIL REGULAR SESSION AUGUST 20, 1987 Ordinance No. 805-8-87 (cont'd) (Agenda Item IV) Page 9 by the city; additional application information; solicitation period changed to six months; change in fees charged; addition of an appeal process; charitable solicitation being totally separated from the direct seller/merchant solicitation, and the supervision of minors who are soliciting. The Council discussed with city staff the wording on page 9 �r of the ordinance under Section 13, Registration Fee", the placement of a period after the word refunded and deleting the rest of the wording in the first sentence. The Council also discussed with city staff the memorandum from the Chief of Police regarding the inclusion of mobile vendors in this ordinance. The City Secretary explained to the Council that "mobile vendors" had been included in this solicitation ordinance as well as the environmental health ordinance and explained the requirements for mobile vending as pro- posed in the ordinance. There was considerable discussion by the Council on Section 20 of the proposed ordinance regarding the supervision of minors who are soliciting and whether the age limit of 13 was an appropriate limit or if it should be lowered, if this section was necessary with all of the school children that are out soliciting for various charitable events, and if this ordinance would pertain to that type of soliciting. There was further discussion on the city being able to enforce this ordinance on that type of soliciting situation. The Council discussed with city staff this section of the ordinance and city staff expressed their desire to leave this section in the ordi- nance and give it a trial to see if it can work. If it cannot be effective, change can be made at a later date. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wilson, the Council voted 7 - 0 to approve and adopt ordinance No. 805-8-87, as presented, as captioned previously, and including the editorial changes presented and discussed as noted. The motion carried. Resolution No. 806-8-87(R): A Resolution of the City Council of the City of Allen, Texas, Approving and Adopting the "School Crossing Traffic Safety Program" as Recommended; Ap- proving a Procedure for Evalua- ting New Crossing Guard Locations, Approving a Procedure for Funding and Staffing the Safety Program, Providing Areas of No Parking Adjacent to Crosswalks. (Agenda Item V) Tom Glab, City Engineer, spoke before the Council on the proposed resolution regarding the school traffic safety program and the issues that had been raised at the last Council meeting. Mr. Glab reviewed how the expenses would be shared equally between the City of Allen and the school district. He pointed out that work done by in-house forces would not be shared. Mr. Glab ad- vised that the signs indicating the school zone times would also include the hours of 11:00 a.m. to 1:00 p.m. for the kindergarten children leaving school, however, there would not be a crossing guard for this time period. Mr. Glab advised the Council that items that would be ready when the schools opened on September 1st were that crosswalks and new signage would be in place and perhaps the flashing school zone lights. The school district was advertising for school crossing guards at this time. He also pointed out that an ordinance was not needed for the enforcement of the "no parking" near school zones as it was covered under the traffic code, and that those signs would also be in place. The times for "no parking" would only be during school zone hours. ALLEN CITY COUNCIL REGULAR SESSION AUGUST 20, 1987 Page 5 Resolution No. 806-8-87(R) (cont'd) (Agenda Item V) The Council briefly discussed with city staff the need for the hours of the kindergarten children leaving school and if other cities included those hours. The Council commended the city staff on the work that they had done on this project and the ability to get the job done on a fast track basis. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve and adopt Resolution No. 806-8-87(R), as captioned previously. The motion carried. Receive Revenue and Expenditure Update (Agenda Item VI) Charlotte Smith, Finance Director, presented tothe Council the revenue and expenditure reports for the General Fund and the Water and Sewer Fund for the period ending July 31, 1987. Mrs. Smith advised the Council that the report was being made in order to compare the revised budget to the actual revenues and expenditures made during that period of time. Mrs. Smith pointed out to the Council various aspects of the report regarding collection of taxes, the amount of sales tax collected to date, the amount of franchise taxes collected, and the overall status of the building permits, police fines, and recreation fees. This report was received as a matter of information. There was no action taken on this item. Appointments to Boards & Commission: Council - Appointed Interview Committee (Agenda Item VII -A(1)) City Secretary Marty Hendrix advised the Council that expiring terms of office were forthcoming for certain places on the Parks and Recreation Board, the Board of Adjustment and the Sign Control Board. Ms. Hendrix pointed out to the Council that a Council Interview Committee needed to be appointed in order to conduct the interviews for the upcoming appointments. After a brief discussion by the Council, Council Members Jack Pennington and Bobby Glass volunteered to serve on that committee. Collin County Bond Program Committee (Agenda Item VII -A(2)) City Manager Jon McCarty distributed to the Council a letter from Charles Belew and Ed Mahon, Co -Chairpersons of the Capital Improvements Program Committee of Collin County, regarding volunteers from the city to serve on various subcommittees for the $59 million bond program for Collin County for capital improve- ments. Mr. McCarty encouraged members of the Council to partici- pate in this project or to contact and appoint other interested citizens to the various committees. There was discussion by the Council on the formation of the various subcommittees, their duties and responsibilities, when the subcommittees would meet and how long this process would take. Council Members Jim Pendleton and Jim Wolfe volunteered to serve on the subcommittees. Mr. Pendleton preferred to work on the Infrastructure Committee and Mr. Wolfe preferred to work on the Buildings Committee. There was further discussion on the need to have an individual to serve on all of the committees and discussion by the Council to seek out individuals who might be interested in working on these various committees. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL REGULAR SESSION AUGUST 20, 1987 Page 6 New and Unlisted Zoning Ordinance Uses (Agenda Item VII -B) Tom Keener, Development Coordinator, spoke before the Council on the city's existing arcade ordinances, i.e., for licensing of arcades and proper zoning districts for arcades. Mr. Keener dis- tributed to the Council copies of Ordinance No. 392-5-82, which determines the appropriate classification of zoning for arcade uses, and copies of Article II "Coin -Operated Machines" (Ordinance No. 393-5-82), out of the city's Code of Ordinances, which regulates the licensing of coin-operated machines and arcades. Mr. Keener advised the Council of a recent situation where a request for an arcade came to the city staff and the requestor contended that the arcade use was a "commercial indoor amusement" which should be allowed as a use by right in a shopping center district. Presently, the arcade zoning use only allows arcades in a shopping center dis- trict with a specific use permit or in a Planned Development district as a use by right. In order to eliminate this problem in the future, Mr. Keener explained to the Council that city staff had proposed the inclusion of the arcade ordinances in the new proposed zoning ordinance. He then stated that the Planning and Zoning Commission had been advised of this proposal and they were in concurrence with this proposal. After a brief discussion, it was the consensus of the City Council that the city staff proceed with the inclusion of the arcade ordinances in the new proposed zoning ordinance. Mr. Keener then presented the Council with a copy of a letter sent to Ken Browning, Chairman of the Planning and Zoning Commission, from Jeffrey A. Langston with Paragon Group, regarding Metroplex Gymnastics and the fact that they were a new and unlisted use of "gymnastics" and needed to be an allowable use in an industrial district due to the need for a tall ceiling height. Mr. Keener advised the Council that when their request to locate in Allen came to city staff, he had denied their request as he had considered them as a "health use or health club" and they could only locate in a shopping center district. Mr. Keener advised that the allowable space in a shopping center district is not compatible to their re- quirements for gymnastics. Mr. Keener stated that the Planning and Zoning Commission's recommendation on this situation was to treat this request as a new and unlisted use to be placed in the zoning ordinance as an allowable use in the industrial district. After reviewing the letter, Mayor Pro Tem Farmer pointed out that they also wanted to use the facility for telemarketing their business and would that be an allowable use in an industrial district. The Council discussed with city staff why the industrial district was needed for this use and if telemarketing was permissible. In further discussion on this new and unlisted use, it was the consensus of the City Council that the Planning and Zoning Commission be directed to review this new use and make a recommendation for it in the proposed zoning ordinance and the district where it would be allowable. Mr. Keener then advised the Council that in the review of the Zoning Ordinance, city staff had also looked at the existing fees charged in relation to the zoning ordinance and for platting pur- poses. Mr. Keener advised the City Council that the platting fees for final plats, preliminary plats and revised plats were comparable with other surrounding cities and did not need to be changed. Mr. Keener pointed out to the Council that zoning filing fees and site plan filing fees did need to be changed. Mr. Keener distributed to the Council the filing fee comparison for zoning and site plans from other cities and reviewed those costs with the Council. The Council discussed with city staff the amount of time it takes to process a zoning request, why certain cities place a cap on their fees, what costs the city is trying to pay for with these zoning filing fees, how specific use permits are considered as to ALLEN CITY COUNCIL REGULAR SESSION AUGUST 20, 1987 Page 7 New and Unlisted Zoning Ordinance Uses (cont'd) (Agenda Item VII -B) zoning fees and especially those that are placed in existing structures as opposed to those placed in new structures, and the use of the word in describing the fee schedules as "comparable" rather than "competitive" when comparing the fees of Allen to other cities. There was further discussion by the Council on points to be considered on establishing the fees. Those points were: (1) to encourage occupancy of existing structures over construction of new structures; (2) to place a cap on the large zoning requests rather than it being open ended; and (3) basic costs need to be determined by city staff and based upon that determination, the minimum costs need to be calculated. There was further discussion on the calculation of the minimum costs and the items that could be included should be staff's time, and other supplemental items such as legal notices in the newspaper, time to look up property owners within the 200' radius, letters sent out to adjacent property owners, etc. The Council also discussed with city staff the cal- culation and time spent on the review of a planned development district as compared to a straight zoning district. There was lengthy discussion on the specific use permit and calculation of it separately if requested in an existing structure as opposed to building a new structure on raw land. In conclusion on the discussion, it was the consensus of the City Council that the city staff proceed with the fee changes taking into consideration the points as discussed previously and the dis- cussion on the specific use permits. Items of Interest to the Council (Agenda Item VII -C) Mayor Rodenbaugh advised the Council of the progress of Bill Petty, Director of Community Development, and his recuperation after open-heart surgery. Councilman Jerry Wilson asked the city staff if there had been any work done on the economic development agreement and the estab- lishing of the economic development committee. City staff advised the Council of the status of that project to date which was just the organization of the committee and the drafting of the agreement. Mayor Rodenbaugh advised the Council of the recent activities of the Senior Citizens Group in the form of a luau and how success- ful it was and how well the city staff did in decorating the facili- ties and planning the activities. Councilman Bobby Glass commended the City Secretary Marty Hendrix on being elected as the President of the North Central Texas Municipal Clerks Association. Adjournment MOTION: Upon a motion made by Councilman Jerry Wilson and seconded by Mayor Pro Tem Joe Farmer, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:00 p.m. on Thursday, August 20, 1987. The motion carried. Rc. ALLEN CITY COUNCIL REGULAR SESSION AUGUST 20, 1987 Page 8 1987. These minutes approved on the 3rd day of SEPTEMBER ATTEST: Marty Hendrix, T C, CITY SECRETAR F" 6-41 APPROVED: .. •WIN