Min - City Council - 1983 - 06/16 - RegularALLEN CITY COUNCIL
REGULAR SESSION
June 16, 1983
Present:
Mickey Pierson, Mayor
4' Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Don Rodenbaugh
Ward Paxton
Dennis Offutt
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
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 7:00 p.m., on Thursday, June 16, 1983, in
the Conference Room of the Allen Municipal Annex, 1 Butler Circle,
to discuss matters pertaining to personnel.
f( J The Executive Session was adjourned at 7:33 p.m.
Regular Session
The regular session of the Allen City Council was called
to order by Mayor Pierson at 7:34 p.m. on Thursday, June 16, 1983,
in the Council Chambers of the Allen Municipal Annex, 1 Butler
Circle.
CONSENT AGENDA (Agenda Item II)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to
approve and adopt all items on the Consent Agenda as
recommended and as follows:
A. Approval of June 2, 1983 City Council Minutes - Regular
Session
B. Authorization to City Staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program as
follows:
Manufacturer's Outlet Center $644.29
Contract No. FS 8023 - Con-
struction of Service Center/
City Hall Annex - Plants for
landscaping
C. Set Public Hearing Date for July 7, 1983 on Assessment
of Demolition Costs to William Bryce Lank.
The motion carried.
End of Consent Agenda
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ALLEN CITY COUNCIL
June 16, 1983 Page 2
Accept Letter of Resignation of
Park Board Member (Agenda Item II -
4 III -A)
Mayor Pierson advised of the letter of resignation from Park
and Recreation Board Member Russell Bratcher. Mayor Pierson stated
that the city had asked Mr. Bratcher to continue his service on the
Board until September in order that this vacancy can be considered
at the time when the other appointments are being made and Mr. Bratcher
had agreed.
MOTION: Upon a motion made by Councilman McClure and seconded by
Councilman Offutt, the Council voted 7 - 0 to accept the
resignation of Russell Bratcher, member of the Parks and
Recreation Board - Place No. 3, effective October 1, 1983.
The motion carried.
Appointments to Places No. 2, 4,
and 6 on the Planning & Zoning
Commission (Agenda Item III -B)
Mayor Pierson opened the floor for nominations to Place No. 2
on the Planning and Zoning Commission.
Councilman McClure nominated Glenn Andrew.
Councilman Paxton nominated Wayne Austin.
MOTION: Upon a motion made by Mayor Pro Tem Farmer 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
Council Members with Glenn Andrew receiving five (5) votes and
Wayne Austin receiving two (2) votes. With Glenn Andrew receiving
the majority of the votes cast, Mayor Pierson advised that Glenn
Andrew was reappointed to Place No. 2 on the Planning and Zoning
Commission for a 2 -year term of office to expire in June, 1985.
Mayor Pierson opened the floor for nominations to Place No. 4
on the Planning and Zoning Commission.
Councilman McClure nominated Gary Koch.
MOTION: There being no other nominations made, Councilman Paxton
made a motion to reappoint Gary Koch by acclamation to
Place No. 4 on the Planning and Zoning Commission. The
motion was seconded by Mayor Pro Tem Farmer. The Council
voted 7 - 0 in favor of the motion. The motion carried.
Mayor Pierson advised that Gary Koch was reappointed to Place
No. 4 on the Planning and Zoning Commission for a 2 -year term of
office to expire in June, 1985.
Mayor Pierson opened the floor for nominations to Place No. 6
on the Planning and Zoning Commission.
Councilman Paxton nominated George Chrisman.
Councilman Womack nominated Jack Pennington.
v MOTION: Upon a motion made by Councilman Offutt and seconded by
Councilman Rodenbaugh, the Council voted 7 - 0 that the
nominations cease. The motion carried.
In the order of their nominations, Mayor Pierson polled the
Council Members with George Chrisman receiving three (3) votes and
Jack Pennington receiving four (4) votes. With Jack Pennington
receiving a majority of the votes cast, Mayor Pierson advised that
Jack Pennington had been appointed to Place No. 6 on the Planning
and Zoning Commission for a 2 -year term of office to expire in
June, 1985.
ALLEN CITY COUNCIL
June 16, 1983 Page 3
Consideration of Appointment to Fill
an Unexpired Term on the Parks Board (Agenda Item III -C)
Mayor Pierson advised that since Mr. Bratcher had agreed to
serve on the Parks and Recreation Board until September, 1983,
there was no action needed on this item at this time.
Public Hearing: Zoning Change & Site
Plan Approval
10 acres
St. Jude Catholic Church (Agenda Item IV)
and
Ordinance No. 442-6-83: An Ordinance of the
City of Allen, Collin County, Texas, Amending
Comprehensive Zoning Ordinance No. 366-10-81,
as Previously Amended, So As to Change the
Following Described Tract of Land From AO
(Agricultural Open Space) Classification to
PD (Planned Development) No. 9, Said Tract of
Land Being Described as Follows: Being a
10 Acre Tract of Land Situated in the Henry
Wetsel Survey, Abstract No. 1026, and Being a
Part of a 98.104 Acre Tract of Land in Collin
County, Texas; Providing for Use Regulations;
Providing for a Site Plan; Providing Special
Utility Allowances; Providing for a Penalty
of Fine not to Exceed the Sum of Two Hundred
Dollars ($200.00) for each Offense; Providing
a Severability Clause; and Providing for the
Effective Date for Said Ordinance. (Agenda Item IV)
Councilman Rodenbaugh abstained from consideration of this
item due to a possible conflict of interest.
Mayor Pierson read the request into the record as follows:
"Public Hearing on a Zoning Change and Site Plan
Approval on 10 Acres Located 1.5 Miles North of
F.M. 2170, West of State Highway 5, as requested
by St. Jude Catholic Mission."
Paul M. Deeley, architect for this project, presented to and
spoke before the Council on the zoning change request and the site
plan approval.
Mr. Deeley presented the site plan showing the location of
the church building, parking lot areas, and ingress and egress
to the property.
Mr. Deeley advised that the zoning change request was to
change approximately 1.65 acres presently zoned Shopping Center
(SC), approximately 5.71 acres of R-5 (Residential) and approximately
2.63 acres of MF -1 (Multi -family) to CF -PD (Community Facility -
Planned Development) in order to build the church on this site.
4411V is
Deeley also pointed out the major problem with this site
is that the water and sewer utilities are not presently extended
to this property, and therefore, this request also includes special
utility allowances.
Mr. Deeley presented tothe Council the proposed use regulations,
height regulations, area regulations, and the special utility
allowances.
Mr. Deeley also presented for the Council's review photographs
showing a model of the proposed church building.
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ALLEN CITY COUNCIL
June 16, 1983
Page 4
Public Hearing: Zoning Change & Site
Plan Approval
10 acres
St. Jude Catholic Church
and Ordinance No. 442-6-83 (continued) (Agenda Item IV)
Mayor Pierson opened the public hearing. No one appeared to
speak either for or against this request. Mayor Pierson closed
the public hearing.
Mayor Pierson advised that the Planning and Zoning Commission,
at their meeting of May 12, 1983, had recommended approval of the
Planned Development to include the site plan, use, height, and
area regulations, and the special utility allowances as submitted
by the St. Jude Catholic Church.
The City Council discussed the approximate distance from a
city water line to this property, time frame for extension of
water to this property, the special utility allowances, adequate
water pressure, and the statement regarding holding the city
harmless for requiring adequate fire protection until such time
as the on-site utilities are connected to the city's system.
Mayor Pierson advised that a ordinance had been prepared
for this zoning change and site plan approval for the Council's
consideration.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Mayor Pro Tem Farmer, the Council voted 6 - 0 - 1, with
one abstention by Councilman Rodenbaugh, to approve this
request in accordance with the recommendations of the
Planning and Zoning Commission as stated, and to adopt
Ordinance No. 442-6-83, as captioned previously. The
motion carried.
Review of Annual Audit Management
(Agenda Item V)
Mayor Pierson advised of the receipt of the annual audit
management letter prepared by Ross & Kerby, Inc., the company
who prepared the annual audit.
The Council briefly discussed the contents of the letter and
the suggestions made by the auditors.
It was the consensus of the City Council that the City Manager
prepare a response to this letter and present the response letter
to the City Council at their next regular meeting for their review.
This item was received as a matter of information. There
was no action taken on this item.
Consideration of the Logo Design (Agenda Item VI)
The City Secretary Marty Hendrix presented the new proposed
logo design and the existing emblem for the Council's review.
The City Secretary advised the Council of the responses received
pertaining to the new proposed logo design and keeping the existing
emblem and read the responses received.
Dale Holt, 607 N. Bush, spoke before the Council on the city
keeping the existing emblem design.
Liz Moseley, 729 Bush, spoke before the Council on the city
keeping the existing emblem design.
In discussion, each Council Member expressed his opinion on
the new design and maintaining the use of the existing emblem.
ALLEN CITY COUNCIL
June 16, 1983
Page 5
Consideration of the Logo Design (cont'd) (Agenda Item VI)
MOTION: Upon a motion made by Councilman Paxton and seconded by
Mayor Pro Tem Farmer, the Council voted 7 - 0 to adopt
the existing emblem, being the State of Texas with the
word "Allen" pointing to a star in the state, as the
Official logo for the City of Allen. The motion carried.
Review of the Proposed 1984 Budget
for the Central Appraisal District
of Collin County (Agenda Item VII)
Mayor Pierson advised of the receipt of the proposed 1984
budget from the Central Appraisal District of Collin County and
that the City of Allen's portion of the budget was $18,897.
The Council discussed if this budget and the costs for Allen
were relative to what the city paid last year, the present members
of the Board of Directors of the Appraisal District and how the
members are appointed, and city staff providing a comparison of
this proposed budget with the budget presented last year.
In further discussion, it was the consensus of the Council
that city staff research this item, making a comparison of the
increases/decreases between this proposed budget and last year's
budget, and report back to the Council with those figures.
This item was received as a matter of information. There
was no action taken on this item.
Report of the Council Subcommittee on Meet-
ing with Cable Television Representatives (Agenda Item VIII -A)
Mayor Pro Tem Farmer advised the Council of the meeting held
with the representatives of the cable television company, Cablevision,
the potential new owners of the company, Allen City Council Sub-
committee, and representatives from the City of McKinney, who
has the same cable television company.
Mayor Pro Tem Farmer advised that the main discussion centered
on the transfer of the ownership of the cable television company to
the new owners and the action needed from the Councils to approve
that request. Other issues of importance discussed were the four
educational channels that the initial company had agreed to provide,
which as of this date had not been accomplished, the immediate
action that the cable company would take in regard to that issue,
and the new owner's position in regard to that matter. The other
area of discussion centered around the reputation and financial
standing of the new owner, with the city managers of Allen and
McKinney to check into these aspects and report back their findings.
Mayor Pro Tem Farmer advised that consideration of the request
for transfer of ownership of the cable television company would
probably be scheduled for the July 7th City Council agenda.
The Council discussed the initial company not meeting all
of the commitments it had originally proposed when the city granted
the franchise agreement and the possibility of revoking of the
franchise.
Council Members Womack and Offutt, also members of the
subcommittee, provided their insights of the discussions at the
meeting.
The Council discussed the potential of the new owners meeting
the commitments of the franchise agreement which had not been
initiated; the reation of the new owners indicating that they
would only provide the services presently being provided;
ALLEN CITY COUNCIL
June 16, 1983
Page 6
Report of the Council Subcommittee on
Meeting with Cable Television
Representatives (cont'd) (Agenda Item VIII -A)
the type of equipment the company maintains and if it is up-to-date;
problems the city has incurred with the cable television company on
the installation of equipment, poor service, breakdown of trans-
mission during bad weather; how many citizens in Allen actually have
cable television, and the transfer of ownership to the new company
being advantageous for the city.
In further discussions, the Council directed that the City
Attorney review the request to transfer ownership and look into
the action to be taken by the Council on whether this should be
approved and if not, what would the consequences be.
This item was received as a matter of information. There
was no action taken on this item.
Police Report - May 1983 (Agenda Item VIII -B)
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 May, 1983.
The Council discussed with Chief Carroll the city having only
one animal control officer at the present time; the house watch
program and how it is conducted; a recent accident on the service
road of U.S. 75 and Bethany Road and the speed limits on the service
road and the location of yield signs in that area and the need for
a stop sign; and also the need for a traffic light on State Highway 5
and Bethany Road.
Chief Carroll advised the Council of the initiation of the
"Neighborhood Watch Program" and the responses the Police Department
is getting from interested residents for the program.
Chief Carroll also advised of the success of the "puppet
program" and the continued work with this program to increase
awareness of certain safety programs with children.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion
City Manager Jon McCarty advised the Council that the county
is close to selling the first two years of bonds authorized by the
voters in the recent bond election. Clarence Daugherty, the Public
Works Director for Collin County, had contacted Mr. McCarty and
asked what portion of those funds should be set aside by the County
for their portion of participation in projects earmarked for Allen.
Mr. McCarty advised that he had told Mr. Daugherty of the
Main Street Study Committee and that funds should be set aside for
street improvements for Main Street. Mr. Daugherty advised that in
the first year $300,000 would be set aside for the purchase of
right-of-way and the second year $1,000,000 would be set aside for
the design and construction of the routing of Main Street.
Adjournment
MOTION: Upon a motion made by Councilman McClure and seconded by
Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn
the regular session of the Allen City Council at 9:20 p.m.
The motion carried.
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