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HomeMy WebLinkAboutMin - City Council - 1996 - 03/21 - RegularALLEN CITY COUNCIL REGULAR MEETING MARCH 21, 1996 Pte: Joe Farmer, Mayor Lonnie Thomas David Kerr Doug Gallagher Mike Nichols Steve Terrell David Bishop City Staff: Jon McCarty, City Manager (absent) Michael Stanger, Assistant City Manager Judy Morrison, City Secretary 1 IJU M 1 l i e' e With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:40 p.m. on Thursday, March 21, 1996, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. lisiLamsI I41 There was no open Council discussion. (Agenda Item II) Discussion of Consent Agenda and Re Igt agenda Items (Agenda Item II) Mayor Fanner began the review of the Consent Agenda items. Discussion was held regarding Agenda Item XI, Power Line Placement on Bethany Road. Discussion was held regarding options for the power line placement on Bethany Road. The Council has a choice of (1) not to intervene or (2) to intervene in this situation and provide an option for the homeowners. An intervention plan might include the homeowners providing 50 % of the funding to TU Electric for power line placement underground. This would be approximately $65,000 The Council would then need to operationalize this concept in a very ALLEN CITY COUNCIL WORKSHOP SESSION MARCH 21, 1996 PAGE 2 detailed effort by ordinance or resolution for future requests. There would need to be a specific ending date and a cashier's check in the City Secretary's office by that date in order to enforce this option. If a check is not in the City Secretary's office by a certain date. the City would not intervene with TU Electric and they would continue with overhead power lines. Discussion was held regarding Agenda Item X, Consider Ordinances Effecting Voluntary Annexations of Properties Located Generally East and West of FM 2551 and South of Bandy Lane. Discussion was held regarding the three items to include Allen ETI, Parker ETJ and Lucas ETJ. Information was distributed indicating the City of Lucas received Council of Government (COG) figures showing the population in Lucas to be 2,650. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:30 p.m. on Thursday, March 21, 1996. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:34 p in on Thursday, March 21, 1996 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Administration of Oath -of -Office and Presentation of Certificate -of -Appointment to Newly Appointed Member to Place No. 1 of the Allen City Council (Agenda Item IV) City Secretary Judy Morrison administered the Oath -of -Office to Lonrde Thomas, newly appointed member of the Allen City Council, Place No. 1. Mayor Farmer presented Councilmember Thomas with a Certificate -of - Appointment. Election of Mayor Pro Tem (Agenda Item V) If a vacancy of a Mayor Pro Tem occurs, the Allen City Council is authorized by the City Charter to elect from among themselves a Mayor Pro Tem. Councilmember Kerr nominated Councilmember Mike Nichols as Mayor Pro Tem for the Allen City Council With no other nominations from the floor, a motion was made. MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Bishop, the Council voted six (6) for and none (0) opposed with Councilmember Nichols abstaining that nominations cease and that Mike Nichols be elected by acclamation to the designated place of Mayor Pro Tem on the Allen City Council. The motion carried. CONSENT AGENDA (Agenda Item VI) MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows. A Approve Minutes of March 7, 1996, Regular Meeting. ALLEN CITY COUNCIL REGULAR SESSION MARCH 21, 1996 PAGE B. Authorize City Manager to Sign Lease Agreements for Antenna Lease on Rowlett Water Tower. Council authorized the City Manager to execute two three-year lease agreements with PageMart for an antenna lease on Rowlett Water Tower. PageMart will pay $550 per month for the six-year period. The payments will begin when construction begins. Adopt an Ordinance Confirming the City Council's Action of Much 7, 1996, to Rezone 457.9 Acres of Land Located in the Henry Wetsel Survey, Abstract No. 1026; L K Pegues Survey, Abstract No. 702; Lewis Wetsel Survey, Abstract No. 978; James Reed Survey, Abstract No 758; Further Described as Being Located North and South of Exchange Blvd., between US 75 and SH 5, from Residential -4, Multi -Family -2, Office and Planned Development No 21 (Commercial) to a Mixed Use Planned Development Including Shopping Center, Single Family, Multi -Family, and Community Facilities Uses. Ordinance No. 1409-3-96: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, to Change the Zoning from Residential -4, Multifamily -2, Office and Planned Development No. 21 to a Mixed Use FloodPlain Planned Development No. 58 (FP -PD -58) including Shopping Center, Single Family, Multifamily, and Community Facilities on the Following - Described Tract of Land; 457 9 Acres in the Henry Weisel Survey, Abstract No. 1026, L K Pegues Survey, Abstract No 702, Lewis Weisel Survey, Abstract No 978, James Reed Survey, Abstract No. 758, City of Allen, Collin County, Texas; Providing for Exhibit "A" Land Use Plan; Providing for Exhibit "B" Area and Use Regulations; and Exhibit "C" Legal Description, Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. D Adopt an Ordinance Confirming the City Council's Action of March 7, 1996, to Attach Zoning on an 85 01 Acre Tract of Land Out of the Simon Burns Survey, Abstract 92, Collin County, Texas; Further Described as Being Located North of Bandy Lane (Bethany Drive) Between Allen Heights Drive and Malone Drive (East of Bethany Lakes Park). Ordinance No. 1410-3-96: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, to Change the Zoning From Agriculture Open Space (A -O) to Residential R-5® and Community Facilities (CF) Zoning on the Following -Described Tract of Land: 85.01 Acres in the Simon Bums Survey, Abstract No. 92, City of Allen, Collin County, Texas; Providing for Exhibit "A" Land Use Plan; Providing for Exhibit "B" Development Standards, and Exhibit "C" Legal Description, Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause, and Providing for the Effective Date of Said Ordinance. ALLEN CITY COUNCIL REGULAR SESSION MARCH 21,19% PAGE 4 Adopt an Ordinance Confirming the City Council's Action of March 7, 1996, to Attach a Specific Use Permit with Site Plan Approval to Allow a Service Station as an Accessory Use to a Convenience Store in Planned Development No. 1 in the Allen Heights Shopping Center Located at the Northwest Corner of Main Street and Allen Heights Drive. Ordinance No. 1411-3-96: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 by Amending Ordinance No. 260, Planned Development No 1 (PD No 1), as Previously Amended, Approving a Specific Use Permit and Site Plan for a Service Station as an Accessory Use to a Convenience Store on the Following -Described Tract of Land: a Portion of the Allen Heights Shopping Center Addition, City of Allen, Collin County; Providing for Exhibit "C" Site Plan; and Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance F Adopt a Resolution Accepting Payment for Taxes on the Property Located at 1206 Cordova Drive. Resolution No. 1412-3-96(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Accepting Payment for Taxes on the Property Located at 1206 Cordova Drive. G Set Public Hearing Date for April 4, 1996 on a Request to Create a Reinvestment Zone for Purpose of Offering Ad Valorem Tax Abatement. H. Set Public Hearing Date for April 18, 1996 on a Request to Expand the Area Allowed for an Auto Laundry with Gasoline Sales as an Accessory Use and Attach an Additional Specific Use Permit for an Office Showroom/Warehouse with Site Plan Approval. L Set Public Hearing Date for April 18, 1996 on a Request to Allow Mini -Warehouses by Specific Use Permit with Site Plan Approval. J. Declare a Vacancy on the Parks and Recreation Board, Place No. 7 K. Tax Report. B. Approve Bills Associated with the 1985 and 1994 Capital Improvement Program as follows: 1. Commercial Finish Group $96,583.25 For. Hillside Theatre Completion 1994 Bond Funds �"' Period: February 1996 1 C H ALLEN CITY COUNCIL REGULAR SESSION MARCH 21. 1996 PAGE 5 2. Clark Condon Associates $16,29745 For. Cottonwood Park 1994 Park Bonds Period: March 1996 3. Southern Telecom & Computer Systems $2,494.90 For. Upgrade Automated System 1985 Interest Earned Bond Funds Period: January & February 1996 4 FOT DataCom Integrated Systems $1,557.90 For. Installation of Computer Cables 1994 Bonds Period: March 6, 1996 5. FOT DataCom $1,143.61 For Ree Center Data Cables/Hub 1994 Bonds Period: Through March 13, 1996 6. All -Tex Paving, Inc. $50,164.20 For. Whisenant Curb/Gutter 1994 Street Bonds Period: January 31, 1996 7 TU Electric $29,209.00 For: Allen Heights Street Light Installation 1995 Existing Street Bond Funds Period: March 1996 8 K & S Utility Contractor $2,375.00 For: FM 2170 Water Line Lowering 1985 Existing Street Bond Funds Period March 8, 1996 9 A "New Deal" Irrigation $14,900.00 For. Irrigation at Hillside Theatre 1994 Bond Funds Period: Through February 27, 1996 10. Dean Electric $11,100.00 For Irrigation at Hillside Theatre 1994 Bond Funds Period: Through February 28, 1996 ALLEN CITY COUNCIL REGULAR SESSION MARCH 21, 1996 PAGE 6 11. Thomas Brothers Grass S4,99200 For: Sod for Hillside Theatre 1994 Bond Funds Period: Through February 29, 1996 The motion carried. End of Consent Agenda Council Committee Rept (Agenda Item VII) Services: Update on animal shelter Library survey cards Recreation Center grand opening Large user water rates Minimal manning utilization printout for fire station Finance/Administration: Personnel for Information System Coordinator Spring Planning Session Twin Creeks Facilities Agreement Denton County Electric Co-op and Grayson County Electric Co-op Joint Chamber meeting Development: Building standards update Water line replacement on Meadow Mead Roadway project status Alternative transportation Subcommittee requested to contact highway department regarding concrete barricades or separation walls along US 75 during construction Joint P&Z/Council meeting — March 25 at 7.30 p in in the Library Meeting Room Mayor's: Current Council agenda Personnel services Programming for Recreation Center opening Citizen's Comments (Agenda Item VI) Allen High School is co -sponsoring the Moses Hogan Chorale in concert Friday evening at 7:30 p.m. Everyone is welcome to attend. I PAGE 7 There will be a resequencing of the items on the agenda this evening. Since public hearings have already been held on these items, comments will be held to a minimum. Request to Appear by Heidi L. Smalley to Discuss 19% "Trash Off" Day and Consider Authorizing Fundraising at Joe Farmer Recreation Center (Agenda Item IX) Heidi L. Smalley presented information to the Council regarding the upcoming "Trash Off" and "EardiFest" at Bethany Lakes Park. The Allen Environmental Action League is requesting that all "Trash Off' participants receive free entrance to the "EanhFest" and those not participating be charged $1 entry fee per family The entry fee proceeds will go directly to the wildflower planting project at the Joe Farmer Recreation Center. Ms. Smalley had questions regarding dumpster availability during the "Trash Off' and was directed by Council to contact Staff and the Parks Board regarding these items. The Parks Board will be updated on this request. Another item Ms. Smalley presented to the Council was the enforcement of the Property Maintenance Ordinance and how builders' trash is dealt with. Bill Petty, Director of Community Development, addressed the issue of enforcement of construction debris. The Property Maintenance Officer is concerned with compliance more than citations since citations are very difficult to deal with in a situation such as this. Home builders are notified with regard to violations of Property Maintenance Ordinance No. 1205-10-93 with stipulations required of them. There was no Council action taken on this nem Power Line Placement on Bethany Road (Agenda Item XI) A great deal of discussion on this item has already taken place among Staff, the Ad Hoc Committee and TU Electric Mayor Pro Tem Nichols gave a report on the meeting that was held earlier this week. This TU Electric project began about a year ago The property owners bought homes with the understanding in that subdivision that overhead power Imes would not be present along the roadway However, the City's franchise with TU Electric allows placement of overhead lines along thoroughfares. The City of Allen has two options before it: (1) the City will not intervene and TU Electric will continue with the placement of overhead lines; or (2) payment would be made for underground lines. The recommendation of the Ad Hoc Committee was going to be that the City would not interfere; however. the Committee has discussed the situation further and feels it may have a workable solution. The proposal presented to the citizens in this area would be that the City and the citizens would share in the cost of burying the lines. The shared costs would be 50/50 — not to exceed $130,000 or approximately $65,000 for each side. The cable would he buried along the median of Bethany and there will be a 30 -day time limit. One cashier's check for $65,000 will need to be delivered to the City Secretary's office by 5:00 p.m. on April 22 by the property owners. If TU Electric finds the actual cost is less than $130,000, an equal rebate will be made to each parry Should the money not arrive in the City Secretary's office by April 22, the City would not interfere with TU Electric but would allow them to proceed with the overhead lines. ALLEN CITY COUNCIL REGULAR SESSION MARCH 21, 1996 I PAGE 7 There will be a resequencing of the items on the agenda this evening. Since public hearings have already been held on these items, comments will be held to a minimum. Request to Appear by Heidi L. Smalley to Discuss 19% "Trash Off" Day and Consider Authorizing Fundraising at Joe Farmer Recreation Center (Agenda Item IX) Heidi L. Smalley presented information to the Council regarding the upcoming "Trash Off" and "EardiFest" at Bethany Lakes Park. The Allen Environmental Action League is requesting that all "Trash Off' participants receive free entrance to the "EanhFest" and those not participating be charged $1 entry fee per family The entry fee proceeds will go directly to the wildflower planting project at the Joe Farmer Recreation Center. Ms. Smalley had questions regarding dumpster availability during the "Trash Off' and was directed by Council to contact Staff and the Parks Board regarding these items. The Parks Board will be updated on this request. Another item Ms. Smalley presented to the Council was the enforcement of the Property Maintenance Ordinance and how builders' trash is dealt with. Bill Petty, Director of Community Development, addressed the issue of enforcement of construction debris. The Property Maintenance Officer is concerned with compliance more than citations since citations are very difficult to deal with in a situation such as this. Home builders are notified with regard to violations of Property Maintenance Ordinance No. 1205-10-93 with stipulations required of them. There was no Council action taken on this nem Power Line Placement on Bethany Road (Agenda Item XI) A great deal of discussion on this item has already taken place among Staff, the Ad Hoc Committee and TU Electric Mayor Pro Tem Nichols gave a report on the meeting that was held earlier this week. This TU Electric project began about a year ago The property owners bought homes with the understanding in that subdivision that overhead power Imes would not be present along the roadway However, the City's franchise with TU Electric allows placement of overhead lines along thoroughfares. The City of Allen has two options before it: (1) the City will not intervene and TU Electric will continue with the placement of overhead lines; or (2) payment would be made for underground lines. The recommendation of the Ad Hoc Committee was going to be that the City would not interfere; however. the Committee has discussed the situation further and feels it may have a workable solution. The proposal presented to the citizens in this area would be that the City and the citizens would share in the cost of burying the lines. The shared costs would be 50/50 — not to exceed $130,000 or approximately $65,000 for each side. The cable would he buried along the median of Bethany and there will be a 30 -day time limit. One cashier's check for $65,000 will need to be delivered to the City Secretary's office by 5:00 p.m. on April 22 by the property owners. If TU Electric finds the actual cost is less than $130,000, an equal rebate will be made to each parry Should the money not arrive in the City Secretary's office by April 22, the City would not interfere with TU Electric but would allow them to proceed with the overhead lines. ��� ALLEN CITY COUNCIL REGULAR SESSION MARCH 21, 1996 PAGE 8 At some point, the Staff, Council and the Ad Hoc Committee will develop an ordinance or resolution dealing with this particular topic to address similar situations that might arise in the future. It is anticipated this process would deal with existing lines in residentially zoned areas. This proposal would come forward to Council at a later date for action. This overhead power line has been in TU Electric's plans for three to four years. The person who told the home buyers there would never be overhead power lines in the area was certainly out of line Because of the unique aspect of this situation and in order to protect the future of our community, we need to exercise focused judgment in the parameters of this particular plan. The resident at 723 Cottonwood Bend was concemed regarding future needs of TU Electric and how that may affect the homeowners with regard to additional lines needed in the future. TU Electric representative Joe Bilbo indicated rather than taking one six-inch conduit down the median, they may consider taking two conduits to have a spare line if additional power were needed in the future. Tom Baird, 737 Fairlawn Street, agreed the cost of underground cable is very great. He would like to see the overhead power Imes down the center of the street. The Ad Hoc Committee will continue receiving comments for the next 30 days when this "tune period" ■" expires. Any comments will be directed to them regarding options for solutions to the problem. Lindsey Stewman queried TU Electric officials regarding timing for the bidding information. Since these lines are not required only for this subdivision, concern was raised regarding the amount of money being footed by this subdivision. Don Copenhaver agreed that when the homes were built, all of this information should have been laid on the table for home buyers. Kelly Smith, 724 Cottonwood Bend, asked that TU Electric submit bids and return the fatal totals to them by April 22. The homeowners were informed that there will be a strict accounting of all costs involved. John C. Howell, 743 Ridgemont Drive, Allen, TX requested that the power lines be placed down the center median. Homeowners expressed pleasure with the compromise that the City has come up with and requested that there may need to be a clarification on overhead placement of the lines. MOTION: Upon a motion by Councilmember Kerr and a second by Mayor Pro Tem Nichols, the Council voted seven (7) for and none (0) opposed to offer residents a 50/50 design cost capping at $130,000 to allow for buried power Imes to the median. That 50% is estimated to be $65,000 due by one cashier's check by 5.00 p in on April 22 to the City Secretary's office. Any rebate less than $130,000 will be shared equally among the participants. If no check has been received at the City Secretary's office by 5:00 p.m. April 22, the City will not intervene with TU Electric other than where the overhead power lines are placed. The motion carried �+ ALLEN CITY COUNCIL E, REGULAR SESSION L MARCH 21, 1996 PAGE Council requested that a contact person be established and that one certified check be presented to the City Secretary's office. Council took a brief recess Consider Ordinances Effecting Voluntary Annexations of Properties Located Generally East and West of FM 2551 and South of Bandy Lane (Agenda Item X) Acknowledgment was made that a letter had been received from the City of Lucas indicating population figures for January 1, 1996 to be 2,650 Council has participated in public hearings as required by law This annexation request is being broken up into three separate items including the Allen Extraterritorial Jurisdiction (ETJ), the Parker ETJ, and the Lucas ETJ Property Located in the Allen Extraterritorial Jurisdiction (Agenda Item X -A) An Ordinance of the City of Allen, Collin County, Texas, Annexing the El Hereinafter -Described Territory to the City of Allen, Texas, Approximately 64 Acres Located in the D. B. Hearne Survey, Abstract No. 427, 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 Inhabit- ants by all the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a Severability Clause; and Providing for the Effective Date of Said Ordinance. MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1413-3-96 as previously captioned. The motion carried. Properties Located in the Lucas Extraterritorial Jurisdiction (Agenda Item X-C) Ordinance No. 1414-3-96: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 253 Acres being the Following .1 Tracts: Parcel No. 2 Consisting of 85.2 Acres Located in the Ann S. Hurt Survey, Abstract No. 428 and the ALLEN CITY COUNCIL REGULAR SESSION MARCH 21, 1996 J. Lovelady Survey, Abstract No. 538; and Parcel No. 7 Consisting of 167.8 Acres Located in the Ann S. Hurt Survey, Abstract No. 428, 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 Inhabit- ants by all the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a Severability Clause; and Providing for the Effective Date of Said Ordinance. PAGE 10 MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councihnember Gallagher, the Council voted seven (7) for and none (0) opposed to DENY Ordinance No. 1414-3-96 as previously captioned based upon information received from Council of Governments (COG) declaring this property meligible because of population figures to be annexed by the City of Allen. The motion carried. r+, Properties Located in the Parker Extraterritorial Jurisdiction (Agenda Item X -B) Council discussion was held regarding portions of Parker that are within the Allen Independent School District (AISD) being an asset if annexed into the City of Allen. Discussion was also held regarding the desire to consider property rights of these property owners who have requested that the City of Allen annex their properties. Staff was asked to discuss the cost of the lift stations and the sewer to be provided to this area. The following individuals did not wish to speak but recorded opposition for Allen to annex property located in the Parker ETJ: Kim Maurer, 4205 Countryside Drive, Parker, TX 75002; Jim Goldblatt, 3705 Saddle Trail, Parker, TX 75002; Ken Teague, 7228 Moss Ridge Circle, Parker, TX 75002; Demos Drink, 5310 Estate Lane, Plano, TX 75094; and W R. Burkhalter, 7281 Moss Ridge, Parker, TX 75002. The following individuals did not wish to speak but recorded support for Allen to annex property located in the Parker ETJ Sue Donahue and George Taylor, 4412 Dillehay, Allen, TX 75002. Kent Maurer, 4205 Countryside Drive, Parker, TX spoke in opposition to this request because it provides an undefinable boundary of the two cities (Allen and Parker) if it were annexed E ALLEN CITY COUNCIL REGULAR SESSION MARCH 21, 1996 Ordinance No. 1415-3-96: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 846.897 Acres Being the Follow- ing Tracts: Parcel No. 3 Consisting of 355 Acres Located in the Am S. Hurt Survey, Abstract No. 428 and the A. J. Tucker Survey, Abstract No. 910; Parcel No. 4 Consisting of 118.06 Acres Located in the A. J. Tucker Survey, Abstract No. 910; Parcel No. 5 Consisting of 40.29 Acres Located in the A. J. Tucker Survey, Abstract No. 910; Parcel No. 6 Consisting of 220.82 Acres Located in the A. J. Tucker Survey, Abstract No. 910, the Martin Hearne Survey, Abstract No. 425, and the S. Donaldson Survey, Abstract No. 278; Parcel No. 8 Consisting of 49.852 Acres Located in the Martin Hearme Survey, Abstract No. 425; Parcel No. 9 Consisting of 20.246 Acres Located in the M. Hearne Survey, Abstract No. 426; and parcel No. 10 Consisting of 42.629 Acres Located in the Martin ��!! Hearne Survey, Abstract No. 425, and the M. Hearne Survey, Abstract No. 426, 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 Privi- leges 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. PAGE 11 MOTION: Upon a motion made Councilmember Kerr and a second by Councilmember Gallagher, the Council voted three (3) for and fon (4) opposed with Mayor Farmer, Mayor Pro Tem Nichols and Councilmembers Thomas and Bishop casting the negative votes to annex properties 3, 4A, 4B, 5 and part of 6 that is located within the Allen ISD in the Parker ETJ. The motion failed. MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Bishop, the Council voted four (4) for and three (3) opposed with Councilmembers Kerr, Gallagher and Terrell casting the negative votes to DENY Ordinance No. 1415-3-96 as previously captioned. The motion carried. Council took a brief recess. ALLEN CITY COUNCIL REGULAR SESSION MARCH 21, 1996 PAGE 12 Consider Recommendation of Sign Control Board to Amend Sign Regulations Ordinance Regarding Class 6 Freeway Sims and Fees for Sign Plans (Agenda Item XII) At the request of Council, the Sign Control Board reviewed Class 6 sign section of the Sign Regulation Ordinance and are recommending the following changes to the ordinance: 1. The 40 -foot height of freeway signs should be measured either from the property, the service road, or the principal lanes of the freeway, whichever allows the greater height. 2. Billboards shall require a murimum separation of 2,000 feet on the same side of the freeway, and 500 feet on the opposite side of the freeway 3. On-site Class 6 signs shall be allowed an increase in size from 120 square feet to 150 square feet. 4. The fee for Sign Plans for retail, commercial, industrial and office districts should be changed to $300. Ordinance No. 1416-3-96: An Ordinance of the City of Allen, Collin County, Texas, Amending Sign Regula- tions; Ordinance No. 1198-9-93, as Previously Amended, so as to Regulate Construction, Repair, Placement, Heights, Area, and Maintenance of Signs in the City of Allen; Providing for Exhibit "A" Amending Section 3, and Exhibit "B" Amending Section 7; Providing for a Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500); Providing for a Severability Clause; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1416-3-96 as previously captioned and in accordance with Sign Control Board recommendation. The motion carried. Adopt an Ordinance Amending Section 9, and Sections 6-60.1 of Allen Code of Ordinances to Discontinue Residential Subscription Grass and Leaf Pickup by Browning Ferris Industries (BFI) Effective November 1 1996 (Agenda Item XIII) The collection of grass and leaf subscription service is no longer cost effective for BFI. Since this request is reasonable and justified, the City Council and Staff agrees that their request to stop this service after this year's growing season on November 1, 1996 is within reason. BFI has been asked to include in their letter to the residents now receiving this service possible options such as lawn service carry -off, mulching and backyard composting I ALLEN CITY COUNCIL REGULAR SESSION MARCH 21, 1996 Ordinance No. 1417-3-96: An Ordinance of the City of Allen, Collin County, Texas, Amending Solid Waste Ordinance No. 1216-1-94 and Allen Code of Ordi- nances Chapter 6, "Health and Environment," Article III, "Solid Waste," Sections 6-60.1 and 6-60.3 to Discontinue the Optional Subscription Service for the Collection of Grass Clippings and Leaves and the Rates and Charges for Grass and Leaves Only, thus not Effecting Special Collection Rates; and Providing for an Effective Date. PAGE 13 MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve Ordinance No 1417-3-96 as previously captioned The motion carried. Consider Authorizing an Agreement for Personnel Services (Agenda Item XIV) Due to the skill and needs of a professional Information Systems Coordinator, Staff desires to use the services of a professional search firm to fill this position. MOTION: Upon a motion made by Mayor Pro Tem Nichols and a second by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to authorize Staff to hue an Information Systems (IS) Coordinator through the services of a professional search firm at a rate not to exceed 25% of the annual salary as recommended by the Finance/ Administration Subcommittee The motion carried. Other Business Calendar March 23 March 25 7:30 p.m. March 29 & 30 April 17 7:00 p in Items of Interest (Agenda Item XVII) (Agenda Item XVII -A) Joe Farmer Recreation Center opening Joint P&Z/Council Spring Planning Session Joint P&Z/Council Public Hearing for Zoning Ordinance (Agenda Item XVII -B) The Municipal Messenger is on schedule to be delivered to citizens prior to early voting which begins April 15. A revised schedule for review and adoption of the zoning ordinance was distributed to Council showing a joint public hearing to be held Wednesday, April 17, beginning at 7:00 p.m. ALLEN CITY COUNCIL REGULAR SESSION MARCH 21, 1996 PAGE 14 MOTION: Upon a motion made by Councilmember Kerr and a second by Mayor Pro Tem Nichols, the Council voted seven (7) for and none (0) opposed to adopt the revised schedule for review and adoption of the Zoning Ordinance The motion carried. Executive Session (Agenda Item XV) In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 10:40 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to litigation and personnel. The Executive Session was adjourned at 11.30 p.m. Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item XVI) The Allen City Council reconvened into regular session at 11.31 p.m. on Thursday, March 21, 1996, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. Adjourn (Agenda Item XVIII) MOTION: Upon a motion made by Councilmember Kerr and a second by Mayor Pro Tem Nichols, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11.32 p.m on Thursday, March 21, 1996. The motion carried These minutes approved on the 4th day of Aord , 1996. APPROVED: oe Farmer, MAYOR nvrIW19M o Yn ' J Morr' �n, CMC, CITY SECRETARY