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HomeMy WebLinkAboutMin - City Council - 1987 - 11/05 - RegularALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Bobby Glass Jim Wolfe Jim Pendleton Jack Penninqton City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary With a quorum of the City Council present, the regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:30 p.m. on Thursday, November 5, 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 Councilman Pennington and seconded by Councilman Wilson, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of October 15, 1987 - Regular Session. B. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Black & Veatch $ 9,750.00 Project No. 40-001-2 55-001-2 Municipal Infrastructure - Engineering Services Period: September 1987 2. Rodenbaugh's Inc. $ 980.45 Project No. 60-002-6 Central Fire Station Renovation - Refrigerator and Dryer Period: September 1987 3. Malachi Corporation $ 49,888.38 Project No. 60-002-1 Central Fire Station Renovation - Construction Costs Period: September 1987 4. Hidell Architects $ 1,000.00 Project No. 60-002-3 Central Fire Station Renovation - Architectural Services Period: September 1987 a4l , ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 5. Marriott Construction $ 32,378.71 Project No. 75-003-1 Jupiter Road - Road Construction - Estimate No. 10 Period: 10/25/87 6. Graham Associates $ 160.00 Project No. 75-003-2 Jupiter Road - Construction Staking Period: September 1987 7. Graham Associates $ 21,642.50 Project No. 75-002-2 Main Street - Phases 2 & 3 - Engineering Design Period: September 1987 8. Graham Associates $ 1,075.00 Project No. 75-003-2 Jupiter Road - Staking & Contract Admin. Period: August 1987 9. Graham Associates $ 15,499.15 Project No. 75-002-2 Main Street - Phases 2 & 3 - Design Engineering Period: August 1987 10. Allen American $ 54.00 Project No. 90-005-6 Publication to Bidders - Relocation of Utilities - McDermott Period: September 1987 11. Black & Veatch $ 5,435.25 Project No. 90-003-2 Water System Supervisory Control and Telemetry - Engineering Services Period: September 1987 12. Black & Veatch $ 3,000.00 Project No. 90-002-2 2.0 MG Elevated Water Tower - Drawings, Specs., Construction Administration Period: September 1987 13. BJ's Park Products Project No. 50-002-6 $ 11,959.00 50-004-6 $ 9,387.00 Playground Equipment - Ford and Story Parks Period: 10/15/87 The motion carried. End of the Consent Agenda Presentation of Plaque -of - Appreciation to Ed Uyttebroek, Place No. 6 on the Library Board (Agenda Item III -A) Mayor Rodenbaugh advised that a plaque -of -appreciation was to be presented to Ed Uyttebroek for his services as a member of the Library Board, Place No. 6, however, Mr. Uyttebroek was not AIN ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 3 Presentation of Plaque -of - Appreciation to Ed Uyttebroek, Place No. 6 on the Library Board (cont'd) (Agenda Item III -A) able to attend this meeting. Mayor Rodenbaugh advised that the plaque would be forwarded to him, with the Council's appreciation. Consideration of an Appointment to Place No. 6 on the Library Board (Agenda Item III -B) Mayor Rodenbaugh pointed out to the Council that there was a need to pass over this appointment at this time and reconsider it later in the Council meeting after the executive session. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pennington, the Council voted 7 - 0 to table this item. The motion carried. Public Hearing: Request to Permanently Zone 3.553 Acres of Land from "AO" Agri- cultural - Open Space to "FP -SC" Flood Plain - Shopping Center Location: South of F.M. 2170 and West of Angel Drive Requester: Joe Marchman & Associates (Agenda Item IV -A) and Ordinance No. 824-11-87: An Ordinance of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance of the City of Allen, as Previously Amended, so as to Establish Permanent Zoning, To -Wit: "FP -SC" Flood Plain - Shopping Center, on the Following -Described Tract of Land: Approximately 3.55 Acres of Land in the Catherine Parsons Survey, Abstract No. 711, City of Allen, Collin County, Texas, and Being Part of that Certain 174.057 Acre Tract as Described to H. Molsen, DBA H. Molsen Company, by Deed Recorded in Volume 80, Page 213, Deed Records of Collin County, Texas, Said Tract of Land Further Described as Being all of that Certain 3.55 Acre Tract, Tract A, as Described to Murry Re- sources, Inc., and Nor -Tex Development Corporation by Deed Recorded in Volume 1963, Page 837, Deed Records of Collin County, Texas; Further Described as Being South of F.M. 2170 and West of Angel Drive; Providing for a Penalty of Fine Not to Ex- ceed the sum of one Thousand Dollars ($1,000) for Each Offense; Providing for a Severa- bility Clause; and Providing for the Effec- Mayor Rodenbaugh read the request into the record as follows: "Public Hearing - Rescheduled: Consider a Request to Permanently Zone 3.553 Acres of Land from "AO" Agricultural - Open Space to "FP -SC" Flood Plain - Shopping Center, Located South of F.M. 2170 and West of Angel Drive as Requested by Joe Marchman and Associates and Consider An Ordinance Perma- nently Zoning the Property to "FP -SC"." a 4 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 4 Public Hearing: Request to Permanently Zone 3.553 Acres of Land from "AO" to "FP -SC" Requestor: Joe Marchman & Associates (cont'd) (Agenda Item IV -A) and Ordinance No. 824-11-87 (cont'd) v Jim Lee, representing Joe Marchman and Associates, spoke before the Council on the zoning of the property. Mr. Lee presented a site plan of the request, showing the 3.5530 acre tract of land to be permanently zoned, the adjacent thoroughfares of Angel Drive on the east and McDermott Drive to the north, and an existing gravel roadway to the south of the property. Mr. Lee briefly reviewed the site plan and advised of the location of the property. Bill Petty, Director of Community Development, spoke before the Council on the dedication of street right-of-way for the improvements to F.M. 2170 (McDermott Drive) and for Angel Drive. He also pointed out that the property owners had purchased the property net of what was anticipated as future right-of-way. Since the right-of-way commitments have changed since the purchase of the property, there are small strips of land with undetermined ownership that lie east and south of the subject property. Mr. Petty advised that it had been the city staff's recommendation to the Planning and Zoning Commission that the zoning district be extended to the centerline of any proposed right-of-way or ease- ments to the east and west of this tract in an attempt to place responsibility of participation in costs of roadway or utility improvements in these areas by the owners at the time of develop- ment. Mr. Petty also pointed out that there was flood plain currently on the property, however, it had been suggested that the possibility exists that the flood plain could be removed with some adjustments to the drainage. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against this request for permanent zoning. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on August 27, 1987, recommended to the City Council approval of the proposal with the following amendments: (1) That the property line to the north at the time of site plan or platting shall include additional right-of-way of twenty (20) feet to accommodate F.M. 2170 (McDermott) widening, and (2) The zoning district to the east and south shall be extended to the centerline of the proposed thoroughfare streets or easements. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve the request as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 824-11-87, as captioned previously. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Public Hearing: (Rescheduled) Location: Zoning: Requester: Request to Amend Specific Use Permit at Allen Bowl in Order to Move the Location of Existing Arcade Within Facility 1011 South Greenville PD -SC No. 4 First Federal Savings and Loan of Hutchinson, Kansas and Ordinance No. 825-11-87: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 502-4-84 so as to Amend the Site Plan of the Existing Specific Use Permit for an Arcade within a Designated Area of the Allen Bowl Situated on an Approximate Four (4) Acre Tract of Land in PD -SC No. 4; Providing for a Severability Clause; Providing for a Penalty of Fine Not to Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; and Providing for an Effective Date. Page 5 (Agenda Item IV -B) Mayor Rodenbaugh read the request into the record as follows: "Public Hearing - Rescheduled: Consider a Request to Amend the Specific Use Permit at the Allen Bowl in Order to Move the Location of the Existing Arcade Within the Facility which is Located at 1011 South Greenville as Requested by First Federal Savings and Loan of Hutchinson, Kansas and Consider an Ordinance Approving the Amendment to the Specific Use Permit." Luis Benevides, Manager of the Allen Bowl, presented the floor plan of the Allen Bowl and spoke before the Council on the request to amend the specific use permit. Mr. Benevides reviewed the arcade's new location which use to be the restaurant area, and advised that there would be 11 video machines and four coin-operated pool tables, for a total of 15 machines. Mr. Benevides explained the old location of the arcade and the problems with visibility of the children in the arcade, the close proximity to an outside exit that children used to let other children in and out of the building, and other problems. Mr. Benevides pointed out that the new location resolved all of these problems. Mayor Rodenbaugh opened the public hearing. No one appeared to speak either for or against the request. Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on September 10, 1987, recommended to the City Council approval of the relocation of the arcade to the existing dining area with a �y maximum of 11 video games and 4 pool tables. Bill Petty, Director of Community Development, spoke before the Council on the request and advised that the arcade and the number of video machines proposed met all of the requirements of the city's video arcade ordinance. The Council discussed with city staff the recommendation of the Planning and Zoning Commission and if the motion of the Council should include the number of video games allowable in the arcade as reflected in the Planning and Zoning Commission's recommendation, or if it should just be 15 video machines as reflected in the pro- posed ordinance. ae7 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 6 Public Hearinq: Request to Amend (Rescheduled) Specific Use Permit at Allen Bowl in Order to Move the Location of Existing Arcade Within Facility Requester: First Federal Savings and Loan of Hutchinson, Kansas (cont'd) (Agenda Item IV -B) and Ordinance No. 825-11-87 (cont'd) MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Wilson, the Council voted 7 - 0 to approve the request to amend the specific use permit at the Allen Bowl in order to move the location of the existing arcade within the facility, and to adopt Ordinance No. 825-11-87, as captioned previously. The motion carried. Public Hearing: Request for a Specific Ordinance No. 826-11-87: An Ordinance ot the City of AllenCollin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen as Heretofore Amended so as to Attach a Specific Use Permit for a Tires, Batteries, and Accessories/ Auto Repair Facility, Therefore Re- stricting Tract 2 of a Tract of Land Located in the City of Allen, Collin County, Texas, Being 2.5480 Acres in the David Wetsel Survey, Abstract No. 977 and the William Perrin Survey, Abstract No. 708, Recorded in Volume 585, Page 116, and Volume 591, Page 159, of the Collin County Deed Re- cords, Subject to the Approval of Flood Plain Engineering; Presently Delineated on the Official Zoning Map as Central Business District; Providing for a Site Plan; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for a Specific Use Permit and Site Plan Approval on 2.548 Acres of Land for a Tire, Battery, and Accessories/Auto Repair Facility Located at the Southwest Corner of F.M, 2170 and S.H. 5, Currently Zoned "CBD" as Requested by The Meara Company on Behalf of Firestone, Inc., and Consider an Ordinance to Approve the Specific Use Permit and Site Plan." Use Permit and Site Plan Approval on 2.548 Acres of Land for a Tire, Battery, and Accessories/Auto Repair Facility Location: Southwest Corner of F.M. 2170 and State Highway 5 Zoned: Central Business District Requester: The Mears. Company for the Beacon Company for Firestone, Inc. (Agenda Item IV -C) and Ordinance No. 826-11-87: An Ordinance ot the City of AllenCollin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen as Heretofore Amended so as to Attach a Specific Use Permit for a Tires, Batteries, and Accessories/ Auto Repair Facility, Therefore Re- stricting Tract 2 of a Tract of Land Located in the City of Allen, Collin County, Texas, Being 2.5480 Acres in the David Wetsel Survey, Abstract No. 977 and the William Perrin Survey, Abstract No. 708, Recorded in Volume 585, Page 116, and Volume 591, Page 159, of the Collin County Deed Re- cords, Subject to the Approval of Flood Plain Engineering; Presently Delineated on the Official Zoning Map as Central Business District; Providing for a Site Plan; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Rodenbaugh read the request into the record as follows: "Public Hearing to Consider a Request for a Specific Use Permit and Site Plan Approval on 2.548 Acres of Land for a Tire, Battery, and Accessories/Auto Repair Facility Located at the Southwest Corner of F.M, 2170 and S.H. 5, Currently Zoned "CBD" as Requested by The Meara Company on Behalf of Firestone, Inc., and Consider an Ordinance to Approve the Specific Use Permit and Site Plan." ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 7 Public Hearing: Request for a Specific Use Permit and Site Plan Approval on 2.548 Acres of Land for a Tire, Battery, and Accessories/Auto Repair Facility Requester: The Mears Company/ Beacon Company/ Firestone, Inc. (cont'd) (Agenda Item IV -C) and Ordinance No. 826-11-87 (cont'd) Perry Snavely, representing The Meara Company on behalf of the Beacon Company for Firestone, Inc., spoke before the Council on this request. Mr. Snavely presented a site plan on the property which showed the location of the Firestone facility, with 10 bays and the retail area, the location of the parking lot, ingress/egress to State Highway 5 and F.M. 2170 (Main Street), and showing the flood plain area on the property. Bill Petty, Director of Community Development, spoke before the Council on this request and advised of the work that had been done with the proponents on this piece of property. Mr. Petty explained that a conceptual site plan had been reviewed by the Planning and Zoning Commission due to the fact that this site has been delineated in the city's Greenbelt/Linear Park Study as being in the fully developed flood plain area. The study does provide for reclamation of the property for development after an engineering study and flood plain management study has been conducted in accordance with the city's Greenbelt/Linear Park Study and the city's flood plain management ordinance. Based upon those finalized studies, then a final site plan can be developed and the location of the building and parking lots can be determined. Mr. Petty then advised of the criteria that must be met in the studies. Mr. Petty explained that on a request for a specific use permit, a site plan must accompany the request. In this parti- cular request, the site plan should be considered as a concept only until the final engineering and flood plain study are com- pleted prior to development. Upon completion of the engineering and study, then a site plan would be resubmitted based upon the results of those items. Mr. Petty also explained the comments made by the Director of Parks and Recreation Department after viewing the site. Mr. Petty explained to the Council that they could act upon the request for the specific use permit with a conceptual site plan and require that another site plan be brought back before the Council for approval after the engineering study and flood plain study are completed and before final development. There was discussion by the Council with city staff on this request, if it can be approved with a conceptual site plan, and if it is determined after the studies, that the land cannot be used, what will happen to the zoning on the property. Mayor Rodenbaugh opened the public hearing. Mrs. Dale Holt, 607 N. Bush Drive, and representing the Allen Cemetery Association, spoke before the Council in favor of this request. Peter Morgan, 417 E. Ellis Drive, spoke before the Council on this request and his concerns on the effects of this develop- ment on his adjacent property. He was specifically concerned about this development effecting the flow of the creek in that area and that he preferred that the trees and the creek area not be disturbed. 1Rii ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 8 Public Hearing: Request for a Specific Use Permit and Site Plan Approval on 2.548 Acres of Land for a Tire, Battery, and Accessories/Auto Repair Facility Requestor: The Meara Company/ Beacon Company/ Firestone, Inc. (cont'd) (Agenda Item IV -C) and Ordinance No. 826-11-87 (cont'd) Alex Orr, Attorney from McKinney, Texas, representing the property owners, spoke before the Council on what action the Council would be taking on this request and advised of the feelings of the property owners that there was a lack of cooperation from the city on their request due to the requirements that have to be met. Mr. Orr also advised that the taxes on the property were becoming a burden to the property owners and, therefore, they wanted to dispose of the property and needed the city's help in this matter. He also advised that they do not have the funds available to conduct the studies that are being suggested by the city. Mr. Orr also advised that he had been told that the Parks Board had reviewed this property and that Board may want to claim this site as park land. Bill Petty, Director of Community Development, spoke before the Council and Mr. Orr on the studies that were needed in accord- ance with the city's requirements and provided clarification on several of Mr. Orr's questions. With no one else wishing to speak either for or against this request for a specific use permit and conceptual site plan approval, Mayor Rodenbaugh closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on September 24, 1987, recommended to the City Council approval of the request with the following amendments: 1. Approval of the site plan is subject to any changes required from the flood plain engin- eering after the flood plain study is completed. 2. Right -of -Way of F.M. 2170 and State Highway 5 should be dedicated to meet the needs of the city. 3. The necessary fire plug and fire lanes will be delineated on the final site plan to meet the fire code. 4. Dumpster shall be screened on all four sides and built from materials satisfactory to the city. The Council pointed out that the property had been owned for 20 years by the present property owner, and this was the first time it had been before the Council for zoning consideration. Therefore it was their feeling that the city was not detering development of this site or being uncooperative in this request. The Council also discussed concerns on this site to be considered by the developer when a final site plan is developed after the appropriate studies. Those concerns were that since this is a highly visible piece of property at the intersection of S.H. 5 and F.M. 2170, that the fire lane be dropped to the back of the property in order that the bay doors can open to the back, thus also placing curb cuts on the back side of the property and further away from the intersection. Frw ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 9 Public Hearinq: Request for a Specific Use Permit and Site Plan Approval on 2.548 Acres of Land for a Tire, Battery, and Accessories/Auto Repair Facility Requestor: The Meara Company/ Beacon Company/ Firestone, Inc. (cont'd) (Agenda Item IV -C) and Ordinance No. 826-11-87 (cont'd) The Council also discussed how the parking spaces on this site were determined, the distance of the curb cuts from the intersection of the streets, if there was any outside storage in this request and how it was handled in the Central Business District, the direction of the traffic flow to this site, and a clarification again of the action to be taken on this request. For Mr. Orr's benefit, it was pointed out in the discussion that the actions by the city staff were not appropriate points of discussion during the public hearing process. MOTION: Upon a motion made by Councilman Pennington and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the request for the specific use permit with the stipula- tion that after an engineering study and flood plain management study are completed prior to development of this property, the site plan must return to the City Council for review; and to adopt Ordinance No. 826-11-87, as captioned previously, and incorporating the above stipulation. The motion carried. Mayor Rodenbaugh recessed the regular session of the Allen City Council at 8:20 p.m. The meeting reconvened at 8:40 p.m. Consider an Ordinance Repealing Ordinance No. 305 in Its Entirety and Establishing New Regulations on the Operation of Alarm Systems Within the City (Agenda Item V) Richard Carroll, Chief of Police, spoke before the Council on the new proposed alarm ordinance and pointed out the differences between the new ordinance and the existing alarm ordinance. Chief Carroll advised the Council that the existing ordinance did not allow for fees to be charged for false alarms and since this had become a major issue, there was a need to determine appropriate fees for false alarms. Chief Carroll pointed out the difference in false alarm fees for residential home and commercial businesses. Chief Carroll distributed to the Council a survey showing the requirements in other cities regarding false alarms and what other cities charged in fees. Chief Carroll advised of how re- sponses to alarms for residential homes differed from commercial businesses thus the determination for different false alarm fees. Chief Carroll then distributed to the Council a copy of the complaint form used by the Police Department on alarm calls. There was considerable discussion by the Council with city staff on the need for home registration by a permit fee and that it was not needed and where that requirement was in the proposed ordinance. It was clarified by the Administrative Assistant in the Police Department, Ed Stevens, that there was not a require- ment in the new ordinance for the permit fees and registration of home alarm systems. It was pointed out by Chief Carroll that Section 10 "Administrative Rules - Establishment" did allow the Police Chief to request registration of all alarm systems if it was needed to carry out the provisions of the new ordinance. aci ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 10 Consider an Ordinance Repealing Ordinance No. 305 in Its Entirety and Establishing New Regulations on the Operation of Alarm Systems Within the City (cont'd) (Agenda Item V) There was lengthy discussion on why home registrations were needed by the Police Department, that false alarm fees should be the same whether it is residential or commercial, that the secur- ity companies should be responsible for registering alarm systems with the Police Department for home alarm systems rather than the residents, the need to clarify the definition of "alarm system" on page 1 of the ordinance with the section on permits listed on page 2, the need to indicate on the police department brochure or City of Allen's Welcome to Allen brochure that the city has an alarm ordinance and charges for false alarms, the need for city staff to take the comments discussed and revise the proposed ordinance. It was the direction of the City Council that the city staff revise the proposed ordinance per the items discussed and bring it back for the Council's consideration at the next regular meeting. Those items being the same false alarm fee for both residential and commercial, no required registration permit fee for residential registration, that the definition of "alarm system" be clarified or adjusted to be compatible with the section on "permits". There was no action taken on this item. Ordinance No. 827-11-87: An Ordinance of the City of Allen, Collin County, Texas, Repealinq "Reserved Educational - 9 Channels" from Schedule "B" Which is Attached to Ordinance No. 291 and Article II, "Com- munity Antenna Television Sys- tem", Appendix A, "Franchises", of the Code of Ordinances, City of Allen, Texas; and Providing for an Effective Date. (Agenda Item VI) Ed Musser, the Regional Representative of Communications Services, Inc., spoke before the Council on the proposed ordinance which would amend the cable franchise ordinance to relinquish the four channels reserved for educational purposes. This request was being made by the cable television company based upon discus- sions between the cable television company, the Superintendent of the AISD, and Joe Farmer, Executive Director of the Region 10 Education Service Center. The Allen Independent School District had made use of the four educational channels, but now has con- structed reception apparatus to receive educational programming via the Regional Instructional Television Consortium. With the use of the reception apparatus, they no longer need the four edu- cational channels. Mr. Musser advised the Council of what types of programs are being considered to be placed on these available channels. The channels were 9, 8, 22 and 23. Mayor Pro Tem Farmer provided the Council with the background information on this item and what the school district will accom- plish with the use of their own reception apparatus. The Council briefly discussed with Mr. Musser the type of pro- gramming to be placed on the four channels and an interest to keep an educational program on one of the channels or more if possible. 687 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 11 Ordinance No. 827-11-87 (cont'd) (Agenda Item VI) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wolfe, the Council voted 7 - 0 to approve and adopt Ordinance No. 827-11-87, as captioned previously. The motion carried. Resolution No. 828-11-87(R): A Resolution of the City Council, City of Allen, Texas Casting Votes in the Selection Process for Members to the Board of Directors of the Appraisal District of Collin County. (Agenda Item VII) Jon McCarty, City Manager, spoke before the Council on the proposed resolution casting the city's 110 votes for Don Higgins as a member to the Board of Directors of the Collin County Appraisal District. MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Pennington, the Council voted 7 - 0 to approve and adopt Resolution No. 828-11-87(R), as captioned previously. The motion carried. Receive the Greenbelt/Linear Park Study and Establish a Price Per Copy for Resale (Agenda Item VIII) Mark Thornton, Director of Parks and Recreation, distributed to the City Council copies of the finalized Greenbelt/Linear Park Study for their reference. Mr. Thornton spoke before the Council on the need to establish a price for the document for resale. Mr. Thornton recommended to the City Council a price of $60.00 per copy. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted 7 - 0 to approve and establish the price of the Greenbelt/Linear Park Study at $60.00 each. The motion carried. Update on Allen Cemetery Research (Agenda Item IX -A) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the research he had conducted on questions that had been posed by the City Council when the Allen Cemetery Association requested that the city take over the cemetery at their regular meeting on July 2, 1987. Mr. Thornton presented to the Council statistics on the cemetery as to acreage, number of grave sites sold in old section, number of grave sites sold in new section, number of sites still available, and the configuration of the cemetery. Mr. Thornton distributed to the Council maps of how the cemetery is laid out and pointed out how many grave sites are available in each square shown on the map. Mrs. Dale Holt, of the Allen Cemetery Association, was also present to answer any questions. Mr. Thornton then reviewed with the Council the alternatives to consider in this request. Mr. Thornton advised that the first alternative for the city would be to deny the request. The second alternative would be for the city to take full control of the cemetery and advised that this action could be taken in the form of an ordinance. Mr. Thornton explained further that the city could add a 5C ad valorum tax on to the city's tax rate for main- tenance of the cemetery, a policy manual would have to be developed for operation of the cemetery, and by state law, the supervisor over the cemetery would have police power in maintaining the cemetery. Mr. Thornton explained that alternative 3 would be for ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 12 Update on Allen Cemetery Research (cont'd) (Agenda Item IX -A) the city not to take over the cemetery but assist with the main- tenance of it and include those maintenance costs in the budget document. This could be accomplished in that the city could contribute to the endowment fund on which interest is accummulated and used for the maintenance costs or the city can make an annual payment to the association to make up the difference between how much interest had been earned and the cost for the maintenance for one year. Mr. Thornton advised the Council that he had presented these alternatives to the Parks and Recreation Board for their review and advised of their concerns for additional funding and park maintenance personnel for this operation. Mr. Thornton provided various statistics on the amount of money that would be needed for maintenance of the cemetery if the city should decide to provide for that type of funding. Mr. Thornton pointed out that Dale Holt, as a member of the Cemetery Association, had applied for a historical marker for the cemetery and notification on it would be forthcoming in the next few months. There was discussion by the Council on the alternatives pre- sented by Mr. Thornton, their concerns regarding the funds needed for the maintenance of it and using city monies for a private entity. City Manager Jon McCarty advised the Council that this was just an update on the research that Mr. Thornton had conducted and that further study and analysis needed to be done on the alterna- tives that were presented before a final recommendation is brought forward. This item was received as a matter of information. There was no action taken on this item. Calendar (Agenda Item IX -B) City Manager Jon McCarty advised the Council of the important meeting dates that were forthcoming. Those dates were November 11, the public hearing on the new proposed zoning ordinance changes; November 18, the called - special joint meeting with the City of Plano at the Harvey Hotel in Plano; and the regular meeting to be held on November 19. This item was received as a matter of information. There was no action taken on this item. Items of Interest to the Council (Agenda Item IX -C) City Manager Jon McCarty spoke before the Council on the master plan for the municipal complex site and the upcoming construction of the police and courts building. Mr. McCarty advised that the Police Department was working on a groundbreaking ceremony for their building to be held on December 4. Using the master plan drawing, Mr. McCarty also advised of the engineering work being done which had been previously authorized by the Council. That work included the water and sewer lines, the 45' roadway along the back side of the site and a 24' portion of the roadway on the west side of the site. Also, the retention ponds have been engineered, with plans for one pond initially and perhaps two at a later date or an in- crease in the size of the first pond. He explained the depth of the pond and how the drainage facility will operate. He also pointed out that minimal landscaping will be done on the site, and two of the smaller soccer fields will be lost due to this construc- tion. xF ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Page 13 Items of Interest to the Council (cont'd) (Agenda Item IX -C) Mr. McCarty also advised the Council of the status of the work on the economic development program and the preparation of the memorandum of agreement for the entities to enter into for this program. Mr. McCarty stated that a flow chart was also being de- veloped to show the process. He also advised of members on the economic development committee. Councilman Jim Wolfe advised the Council and the city staff of his concerns for the lack of action from Austin on the city's re- quest for Extended Area Service. He felt the need for the City Manager to go to Austin and talk face to face with the city's attorneys and PUC staff members in order to find out where in the process the city stands and what can be done to move this item along in the process. There was considerable discussion by the Council on this item and the lack of the action by the administrative law judge in the city's case and the lack of notification to the city on where the case stands. The Council also discussed the reacti- vation of the Council's Telephone Subcommittee and members of that committee also going to Austin with the City Manager in this situa- tion. It was the consensus of the Council that affirmative action needs to be taken by the city as soon as possible in order to get an explanation of what is happening at this time. It was pointed out that Rowlett filed a law suit against the PUC in order to get due process, and perhaps this will have to be the stand that Allen has to take. At this time Mayor Rodenbaugh advised that the City Council would now adjourn into Executive Session at 11:00 p.m. Executive Session (Agenda Item X) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(e), 2(f), and 2(g), the Allen City Council convened into Executive Session at 11:05 p.m. in the lunchroom area of the Allen Municipal Annex on Thursday, November 5, 1967, in order to discuss matters pertaining to personnel, property and legal. The Executive Session was adjourned at 11:93 p.m. Reconvene to Regular Session for Purposes of Adjournment (Agenda Item XI) The regular session of the Allen City Council was reconvened at 11:96 p.m. in the Council Chambers of the Allen Municipal Annex. Items Related to the Library Board - Consideration of an Appointment to Place No. 6 (Agenda Item III -B) Mayor Rodenbaugh opened the floor for a motion to remove this item from the table. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted 7 - 0 to remove this item from the table. The motion carried. Mayor Rodenbaugh opened the floor for nominations to Place No. 6 on the Library Board. Councilman Pennington nominated Lisa Anne Howell to Place No. 6 on the Library Board. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted 7 - 0 that the nominations cease and that Lisa Anne Howell be appointed to Place No. 6 on the Library Board by acclamation. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 5, 1987 Adjournment Page 14 MOTION: Upon a motion made by Councilman Wilson and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 11:54 p.m. on Thursday, November 5, 1987. The motion carried. These minutes approved on the 19th day of November 1987. APPROVED: ATTEST: Marty Hendrix, 6MC, CITY SECRETARY SM