Min - City Council - 1983 - 02/17 - RegularALLEN CITY COUNCIL
REGULAR SESSION
February 17, 1983
Present:
Mickey Pierson, Mayor
4; Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Don Rodenbaugh
Ward Paxton
Dennis Offutt
City Staff•
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called
to order by Mayor Pierson at 7:31 p.m. on Thursday, February 17,
1983, at Rountree Elementary School, 800 E. Main Street.
CONSENT AGENDA (Agenda Item II)
MOTION: Upon a motion made by Councilman McClure and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
approve and adopt all items on the Consent Agenda as
recommended and as follows:
A. Approval of February 3, 1983 Minutes - Regular
Session
B. Approval of February 9, 1983 Minutes - Executive
Session
C. Approval of February 12, 1983 Minutes - Called -
Special Session
D. Authorization to City Staff to pay bills
associated
with the 1979 - 1982 Capital Improvements Program
as
follows:
1.
Waller -Spears, Inc.
$ 40,342.50
Contract No. FS 8023 - Con-
struction of Service Center/
City Hall Annex - Payment No. 9
2.
Hooper Engineering Laboratories
$ 66.00
Contract No. FS 8023 - Con-
struction of Service Center/
City Hall Annex - Concrete
Cylinders Testing
3.
G. M. Geer, Engineer
$ 100.00
Contract No. FS 8023 - Con-
struction of Service Center/
City Hall Annex - Staking of
i
south and west line of new
v
Service Center/City Hall Annex
4.
"The Allen American"
$ 52.00
Contract for New Telephone
System for new Service Center/
City Hall Annex - Notice to
Bidders
ALLEN CITY COUNCIL
February 17, 1983 Page 2
CONSENT AGENDA (continued) (Agenda Item II)
5. Ronald E. Fix & Associates $ 337.00
Review of Collin Square Final
Plat and Engineering Plans
E. Set Public Hearing Date for March 17, 1983 for
consideration of a Zoning amendment from Agriculture -
Open Space (AO) to Planned Development Multifamily
(PD -MF) on property located immediately north of the
Cottonwood Creek Shopping Center, west of State High-
way 5.
The motion carried.
End of Consent Agenda
Accept Resignation of Planning
and Zoning Commission Member,
Place No. 6 (Agenda Item III -A)
Mayor Pierson advised the City Council of the letter of
resignation from Mr. Winston B. Stallings, Place No. 6, on the
Planning and Zoning Commission.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
accept the resignation of Winston B. Stallings from the
Planning and Zoning Commission, Place No. 6. The motion
carried.
Appointments to Place No. 2 and
Place No. 6 on the Planning and
Zoning Commission (Agenda Item III -B)
Mayor Pierson advised of the two existing vacancies on the
Planning and Zoning Commission for Places No. 2 and 6 resulting
from the resignations of Jack Decatur and Winston B. Stallings.
Mayor Pierson advised that these terms of office were due to
expire in June of 1983.
Mayor Pierson opened the floor for nominations to Place
No. 2 on the Planning and Zoning Commission.
MOTION: A motion was made by Councilman Offutt and seconded
by Councilman Paxton to table action on this item
until the next regular City Council Meeting. The
Council voted three (3) in favor of the motion and
four (4) opposed to the motion, with Mayor Pierson,
Mayor Pro Tem Farmer, Councilman Rodenbaugh and
Councilman McClure casting the negative votes. The
motion failed.
Mayor Pierson opened the floor for nominations to Place
No. 2 on the Planning and Zoning Commission.
Councilman Rodenbaugh nominated Glenn Andrew.
Councilman Paxton nominated George Chrisman.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman McClure, the Council voted 7 - 0 that the
nominations cease. The motion carried.
In the order of their nominations, Mayor Pierson polled the
votes of the Council Members for each nominee, with Glenn Andrew
receiving four (4) votes and George Chrisman receiving three (3)
votes.
Mayor Pierson advised that Glenn Andrew, receiving a majority
of the votes of the City Council, was the newly appointed member
to Place No. 2 on the Planning and Zoning Commission, to serve
the remaining term of office until June of 1983. .,13
ALLEN CITY COUNCIL
February 17, 1983 Page 3
Appointments to Place No. 2 and
Place No. 6 on the Planning and
Zoning Commission (continued) (Agenda Item III -B)
Mayor Pierson opened the floor for nominations to Place No. 6
on the Planning and Zoning Commission.
Councilman Paxton nominated Mike Hill.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Rodenbaugh, the Council voted 7 - 0 that
the nominations cease and that Mike Hill be appointed
by acclamation to Place No. 6 on the Planning and Zoning
Commission. The motion carried.
Mayor Pierson advised that Mike Hill's term Of office would
expire in June of 1983.
Mayor Pierson advised that the oaths -of -office would be
administered at the City Hall by the City Secretary in order
that these new members can serve in their capacities as soon as
possible.
Public Hearing: Zoning Amendment Change -
Land Zoned TH and CF to
MF -1 to Coincide with
Realignment of Park Place
Drive, east of Jupiter Road (Agenda Item IV)
and
Ordinance No. 928-2-83: An Ordinance of the
City of Allen, Collin County, Texas, Amending
the Comprehensive Zoning Ordinance of the
City of Allen, as Heretofore Amended, So As
to Change the Following -Described Tract of
Land from the Current Zoning District Clas-
sifications of "TH" Townhouse and "CF" Com-
munity Facilities to "MF -1" Multi -Family
District Classification, Said Tract of Land
Being Described as Follows: Approximately
6.5 Acres, More or Less, Out of the David
Wetzel Survey, Abstract 977, Collin County,
Texas; Providing for a Penalty of Fine Not
to Exceed the Sum of Two Hundred Dollars
($200.00) for Each Offense; and Declaring
an Emergency. (Agenda Item IV)
Mayor Pierson read the request into the record as follows:
"Public Hearing on a Zoning Amendment on land zoned TH
and CF to MF -1 to coincide with the realignment of
Park Place Drive east of Jupiter Road."
Mayor Pierson advised of the City Council's initiation of
this zoning amendment and referring it to the Planning and Zoning
Commission for their recommendations.
Mayor Pierson advised that the Planning and Zoning Commission,
at their meeting of January 13, 1983, had recommended approval of
this zoning amendment to coincide with the realignment of Park
Place Drive east of Jupiter Road.
Mayor Pierson opened the public hearing. No one appeared to
speak either for or against this request. Mayor Pierson closed
the public hearing.
44
ALLEN CITY COUNCIL
February 17, 1983
Page 4
Public Hearing: Zoning Amendment Change
Land Zoned TH and CF to
MF -1 to Coincide with
Realignment of Park Place
Drive, east of Jupiter Road
and Ordinance No. 428-2-83 (continued) (Agenda Item IV)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to adopt
Ordinance No. 428-2-83 as captioned previously. The
motion carried.
Annual Report by Chairman of
Parks & Recreation Board (Agenda Item V)
Ron Workman, Chairman of the Parks and Recreation Board,
presented the annual report of the Parks and Recreation Board
as required by Section 4(L) of Ordinance No. 306.
Mr. Workman's presentation consisted of activities during
the past year and the Board's proposals for the coming year.
Mayor Pierson expressed appreciation to the Board for all
of its work.
This item was received as a matter of information. There
was no action taken on this item.
Recommendations to Collin
County Commissioners' Court
Concerning the Proposed Collin
County Bond Program (Agenda Item VI)
City Manager Jon McCarty advised of the presentation at
the last Council Meeting given by Clarence Daugherty, Director
of Public Works for Collin County, on the proposed capital improve-
ment projects for the bond program and the subcommittees' recom-
mendations on them. The Commissioners' Court is requesting input
back to them on those items and the city staff has provided some
recommendations for the Council's consideration.
City Manager McCarty handed out the proposed recommendations
which consisted of the Council's action taken on February 12, 1983
regarding the Collin County Farmers' Market, recommendations on
the proposed county fire training facility, and recommendations
on the cost of construction of certain roads and a prioritized
list of the proposed county projects falling within the City of
Allen.
The Council discussed the appointment of the citizens com-
mittee to make recommendations on the routing of F.M. 2170.
Mayor Pierson advised the Council that five individuals had
accepted appointment to that committee, those being Liz Moseley,
Mike Williams, Ed Lynge, Emerson Porter, and Willette Rosson.
Two additional individuals were to be appointed, making it a
seven member committee, with the City Manager to serve as the
ex -officio member.
The Council also discussed the action taken on the Farmers'
Market and the forwarding of that action to the Collin County
Commissioners for their review at the workshop session on the
Farmers' Market, the outcome of the Commissioners workshop session
on the Farmers' Market, the recommendations on the fire training
facility, the priority listing of the roads in the City of Allen
for repair, the recommendation on the funding of the street repair
and construction, and whether any other comments or input were
needed for the other items in the proposed bond program.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
submit the information provided by the city staff on
recommendations for the Farmers' Market, the county fire
training facility and the streets and thoroughfares as
per the request of the County Commissioners. The motion ,�Z
carried.
ALLEN CITY COUNCIL
February 17, 1983 Page 5
Approval of the By -Laws for the
City of Allen Library Board (Agenda Item VII -A)
Mrs. Barbara Buehler, Library Director, presented to and
spoke before the Council on the By -Laws prepared by the Library
Board for the Council's review and approval.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Offutt, the Council voted 7 - 0 to
approve the By -Laws for the Library Board as presented.
The motion carried.
Mrs. Buehler then introduced the Library Board Members
in attendance at this meeting, being Gayle Boon, the Chairperson
of the Library Board, and Eileen Tollett, the Secretary of the
Library Board.
Ordinance No. 929-2-83: An Ordinance
o£ the City of Allen, Texas, Establishing
a Schedule of Fines to be Levied for
Overdue Library Materials, Damaged
Library Materials, and Lost Library
Materials; and, Providing for Appropriate
Procedures to be Followed in Those Cases
Where Overdue Library Materials Have Not
Been Returned. (Agenda Item VII -B)
Mrs. Barbara Buehler, Library Director, presented to and
spoke before the Council on the proposed ordinance which would
establish a schedule of fines to be levied for overdue library
materials, damage to library materials, and for lost library
materials.
MOTION:
Upon a motion made by Councilman Daugherty and seconded
by Councilman Rodenbaugh, the Council voted 7 - 0 to
adopt Ordinance No. 929-2-83 as captioned above. The
motion carried.
Mayor Pierson recessed the regular session of the Allen City
Council at 8:17 p.m. The meeting reconvened at 8:26 p.m.
Approval of Specifications and
Authorization to Receive Bids
for a Truck for the Water and
Sewer Department (Agenda Item VIII)
Ernie Hoback, Water and Sewer Superintendent, reviewed briefly
the specifications for a mini pick-up truck with the City Council.
The Council briefly discussed the specifications and the
meaning of using the "plus" and "minus" signs in describing certain
body specifications.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman McClure, the Council voted 7 - 0 to approve
the specifications and authorize the receive of bids for
a mini pick-up truck for the Water and Sewer Department.
The motion carried.
Update on the Industrial
Foundation (Agenda Item IX)
Mayor Pierson advised the City Council of the establishing
of an Industrial Foundation, which is a non-profit corporation,
with the purpose of encouraging industrial development in the
City of Allen. This foundation was organized through the
Industrial Committee of the Allen Chamber of Commerce.
Mayor Pierson advised of the foundation's Board of Directors,
and the Council had been provided with minutes of their first
meeting, articles of incorporation, and the by-laws for the
foundation.
ALLEN CITY COUNCIL
February 17, 1983
Page 6
Update on the Industrial
Foundation (continued) (Agenda Item IX)
Mayor Pierson advised of various methods of funding
and the ultimate goals of the foundation to develop an
industrial park which would initially cater specifically
to smaller industries employing between five and fifty people.
The Council discussed various aspects of this foundation
and the development of an industrial park.
This item was received as a matter of information. There
was no action taken on this item.
Central Business District Report (Agenda Item X)
Bill Petty, Director of Community Development, spoke before
the Council on the work to be done towards establishing a central
business district zoning for the City of Allen.
He advised the City Council of the research done in this
area and some points that needed to be included in this type
of zoning, perhaps licensing of businesses, and various efforts
that can be used to reach this goal.
Mr. Petty then advised the City Council of the existing
need for the interpretation of retail uses in the downtown
district prior to the establishment of a central business
zoning district.
Mr. Petty advised that the Planning and Zoning Commission
had recommended, at their meeting of February 10, 1983, that in
keeping with the original intent of allowable retail uses in
the downtown district and precedents set by the Planning and
Zoning Commission and City Council at 203A E. Main, the City
Staff should be allowed to interpret general retail uses as
compatible uses in the downtown district under Section 3.01(L),
paragraph 2(j) of the Comprehensive Zoning Ordinance for an
interim period of time until the City of Allen does establish
a central business zoning district.
The City Council discussed with city staff the timeframe
as to when the central business zoning district might be achieved
in ordinance form, and the interpretation of general retail uses,
and a workshop session with the Planning and Zoning Commission to
establish goals for such zoning.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Rodenbaugh, the Council voted 7 - 0 to
authorize the city staff to interpret general retail
uses as compatible uses in the downtown district under
Section 3.01(L), paragraph 2(j) of the Comprehensive
Zoning Ordinance for an interim period of time until
the City of Allen establishes a central business zoning
district, in accordance with the recommendation of the
Planning and Zoning Commission, as stated. The motion
carried.
Police Report - January, 1983 (Agenda Item XI)
Police Chief Richard Carroll presented to and spoke before
the Council on the Consolidated Summary of Activities of the
Allen Police Department for the month of January, 1983.
This item was received as a matter of information. There
was no action taken on this item.
ALLEN CITY COUNCIL
February 17, 1983
Page 7
Ordinance No. 930-2-83: An Ordinance
Fixing and Determining the General
Service Rate to be Charged for Sales
of Natural Gas to Residential and Com-
mercial Consumers in the City of Allen,
Collin County, Texas; Providing for the
Manner in Which Such Rate May be Changed,
Adjusted, and Amended; and Providing (Emergency Agenda
for a Schedule of Service Charges. Item XII)
Mayor Pierson advised of the action to date on the Lone
Star Gas rate increase request and the appeal to the Railroad
Commission.
City Manager Jon McCarty advised of the meeting with Lone
Star Gas Company and the negotiation of a settlement. Mr.
McCarty then reviewed the proposed ordinance showing the 2.33% rate
increase, with an effective date of February 1, 1983. Mr. McCarty
also advised that Lone Star Gas Company would not submit a request
for a rate increase for a period of one year from the adoption of
of this ordinance and there will be no retroactive -surcharges or
surcharges for attorney fees.
Mr. McCarty further advised that if the proposed ordinance
is adopted, then the Lone Star Gas Company will withdrawn their
appeal to the Railroad Commission.
Mr. Mike Schweikhard and Mr. Gilbert Rabbe, with Lone Star
Gas Company, were present at this meeting.
Mr. Rabbe spoke before the City Council on the negotiation
of the rate increase request and the need to maintain the good
working relationship between the city and Lone Star Gas Company.
Mayor Pierson advised of the City Council's discussions
with Mr. Lou Nichols, attorney, and the need to negotiate with
Lone Star Gas Company and also the need to maintain the good
working relationship.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
adopt Ordinance No. 930-2-83 as presented and captioned
above. The motion carried.
Adjournment into
Executive Session
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 7 - 0 to adjourn
the regular session of the Allen City Council into Executive
Session at 9:15 p.m. The motion carried.
Executive Session
In accordance with Article 6252-17 (Open Meetings Law),
V.A.T.C.S., Section 2(g), the Allen City Council convened into
Executive Session at 9:25 p.m. to discuss matters pertaining to
personnel.
The Executive Session was adjourned at 10:10 p.m.
These minutes approved on the 3rd day of March
1983
7
Ii erson, MAYOR
Marty Hendrix, CITY SECRETARY