Min - City Council - 1983 - 07/07 - RegularALLEN CITY COUNCIL
REGULAR SESSION
July 7, 1983
Present:
Mickey Pierson, Mayor
Council Members:
Jim McClure
Rex Womack
Don Rodenbaugh
Ward Paxton
Dennis Offutt (arrived at 7:34 p.m.)
Absent:
Joe Farmer, Mayor Pro Tem
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
i15
The regular session of the Allen City Council was
called
to order by Mayor Pierson at 7:31 p.m, on Thursday, July
7, 1983,
in the Council Chambers of the Allen Municipal Annex,
1 Butler
Circle.
Le
Oaths -of -Office to Reappointed and
Newly Appointed Members for Places
No. 2, 4, and 6 on the Planning
and Zoning Commission (Agenda
Item II -A)
City Secretary Marty Hendrix administered the oath
-of -office
to the newly appointed and reappointed members of the
Planning
and Zoning Commission as follows:
Glenn Andrews - Place No. 2
Gary Koch - Place No. 4
Jack Pennington - Place No. 6
Plaque -of -Appreciation to Outgoing
Member of the Planning & Zoning
Commission (Agenda
Item II -B)
Mayor Pierson presented a plaque -of -appreciation
to the
outgoing member of the Planning and Zoning Commission,
being
Michael Hill, Place No. 6.
CONSENT AGENDA (Agenda
Item III)
At the request of City Manager McCarty, item "D"
on the Consent
Agenda was removed for individual consideration.
MOTION: Upon a motion made by Councilman Paxton and seconded
by
Councilman Rodenbaugh, the Council voted 6 -
0 to
approve and adopt all remaining items on the
Consent
Agenda as recommended and as follows:
A. Approval of June 16, 1983 City Council Minutes
-
Regular Session
B. Authorization to City Staff to pay bills
associated
with the Capital Improvements Program for
1979 - 1982
as follows:
i15
ALLEN CITY COUNCIL
July 7, 1983
Page 2
CONSENT AGENDA (continued) (Agenda Item III)
1. Ronald E. Fix & Associates:
a. Contract No. 821004 - Con- $2,750.00
struction of Park Place Drive
Engineering Services for
June - inspection fee
b. Contract No. 820503C - Con-
struction of Utilities for
Jupiter Road Bridge
Engineering Services - con-
struction staking & inspection
2. Marquette Lease Services, Inc.
Contract No. 13216 - Lease
Purchase of Telephone System
for Allen Municipal Annex
C. Set August 4, 1983 as Public Hearing Date
for a Zoning Change Request on 41 Acres of
Land at the Southeast Corner of F.M. 2170
and Malone Road.
The motion carried.
End of Consent Agenda
$ 765.75
Set July 27, 1983 as the Public
Hearing Date for the Proposed
Use Hearing for Revenue Sharing (Consent Agenda
Funds Item III -D)
This item had been removed from the Consent Agenda at the
request of City Manager Jon McCarty.
Mr. McCarty advised the Council that the scheduled date for
the proposed use hearing for revenue sharing funds needed to be
corrected from July 27th to July 21st, which is the next regular
City Council meeting.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Womack, the Council voted 6 - 0 to approve
the change in date from July 27th to July 21st for the
Proposed Use Hearing for Revenue Sharing Funds.
The motion carried.
Public Hearing: Zoning Change Request
5.328 Acres of Land
from R-3 (residential)
to TH (Townhouse)
West of Jupiter Road
Bridge
by Clark & Iva Fishel (Agenda Item IV -A)
and
I8L
Em
ALLEN CITY COUNCIL
July 7, 1983
Ordinance No. 443-7-83: 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 "R-3" Residential District
Classification to "TH" Townhouse District
Classification, Said Tract of Land Being
Described as Follows: 5.328 Acres Located
in the David Wetsel Survey, Abstract No.
977, Collin County, Texas, and Being Further
Described as Fronting the West Side of Jupiter
Road and Adjacent to the Southern Boundary of
the Jupiter Road Bridge; Providing for a
Penalty of Fine Not to Exceed the Sum of
Two Hundred Dollars ($200.00) for Each
Offense; and Declaring an Emergency.
Page 3
(Agenda Item IV -A)
Mayor Pierson read the request into the record as follows:
"Public Hearing to consider a request for a zoning change
from Clark and Iva Fishel on 5.328 acres of land located
west of Jupiter Road and South of the Jupiter Road Bridge
from R-3 (Residential) to TH (Townhouse)."
Mr. Clyde Marrs, 302 Keith Drive, representing Clark &
Iva Fishel, spoke before the Council on behalf of this request.
Mayor Pierson opened the public hearing. No one appeared
to speak either for or against the request. Mayor Pierson
closed the public hearing.
The Council discussed with Mr. Marrs the timeframe for
development of the property, if the proposed use of development
was similar to development on the property located west of this
property, the proposed ingress and egress to this property, and
the density of this development.
The Planning and Zoning Commission, at their meeting of
May 26, 1983, recommended that this zoning change request
be approved as presented.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Rodenbaugh, the Council voted five (5)
for and one (1) opposed, with Councilman McClure
casting the negative vote, to approve the zoning change
request, in accordance with the recommendation of the
Planning and Zoning Commission, as stated; and to
adopt Ordinance No. 443-7-83 as captioned previously.
Public Hearing: Amendment to Zoning
Ordinance No. 368-10-81
by Charles Forbes on
Property Located West of
S.H. 5, East of Southern
Pacific Railroad; North
of Bethany Drive
and
Ordinance No. 444-7-83: An Ordinance of
the City of Allen, Collin County, Texas,
Amending Section 4, Paragraph c, of
Ordinance No. 368-10-81 of the City of
Allen, Texas; and Providing for an
Effective Date.
(Agenda Item IV -B)
ALLEN CITY COUNCIL
July 7, 1983
Page 4
Public Hearing: Amendment to Zoning
Ordinance No.
368-10-81 and
Ordinance No. 444-7-83 (continued) (Agenda Item IV -B)
Mayor Pierson read the request into the record as follows:
(40,
"Public Hearing to consider an amendment to Zoning
Ordinance No. 368-10-81 from Charles Forbes on
property located west of State Highway 5, east of
the Southern Pacific Railroad and north of Bethany
Road."
Mr. Stan Itzkowitz, representing Mr. Charles Forbes, spoke
before the Council on behalf of this request.
Mr. Itzkowitz advised that Mr. Forbes is requesting an
amendment to Section 4-C of the Planned Development Ordinance
No. 368-10-87to allow building permits to be issued in the
light industrial zoned area upon the letting of the contracts
for streets and utilities within the R-3 residential area
located to the north of the property. The present stipulation
on the ordinance states that certificates of occupancy for the
single family residential zoning area located to the north must
be issued on 758 of the single family dwellings in such area
prior to the issuance of any building permits in the Area 1,
light industrial.
Mr. Itzkowitz further advised that based upon the present
R-3 zoning, approximately 87 single family dwellings could be
built, however, Steve Goodman of Goodman Homes, the potential
buyer of this residential district, has proposed to reduce this
density and develop only 30 one -acre or more sized lots.
Mr. Steve Goodman, with Goodman Homes, spoke before the
Council on his proposed development of the R-3 (residential)
zoned property into 30 one -acre homes and the potential market
for these types of homes in the City of Allen.
Mr. Charles Forbes, owner of the property, spoke before
the Council regarding this request.
Mayor Pierson read the recommendations of the Planning
and Zoning Commission from their meeting of May 26, 1983, that
being to recommend that the City Council amend PD Ordinance
No. 368-10-81, Section 4-C to include a provision that should
the 35 acre R-3 residential tract located immediately north
of the light industrial area of PD 3 develop into a large lot
subdivision totally platted and to approximately 30 one -acre
lots, that the requirement for 758 certificate of occupancies
be changed to read "1008 of all streets and utilities to be
accepted by the City of Allen prior to issuance of any building
permits in the Light Industrial area contained within PD No. 3."
Mayor Pierson opened the public hearing. The following
individuals either spoke against the request and/or asked
/- questions pertaining to this request:
Paul Parker, 202 Keith Drive
Bill Kolander, 307 Keith Drive
Mrs. E. L. Smith, 198 Keith Drive
Katherine Watts, 300 Keith Drive
Marilyn Kolander, 307 Keith Drive
Monroe Polk, 204 Lynge
Mayor Pierson closed the public hearing.
There was considerable discussion among the Council on the
building of the 30 one -acre lot homes, maintaining the existing
requirements of the ordinance, including in the request a certain
percentage of houses to be built before the industrial area can
be granted a building permit, and various aspects that were pre-
sented by the individuals speaking against this request.
i3e
ALLEN CITY COUNCIL
July 7, 1983
Page 5
Public Hearing: Amendment to Zoning
Ordinance No.
368-10-81 and
Ordinance No. 444-7-83 (continued) (Agenda Item IV -B)
MOTION: A motion was made by Councilman Paxton to amend the
Zoning Ordinance No. 368-10-81 to state that in the
event that the property is properly platted for the
tow approximate one -acre lots, that the percentage of
certificates of occupancy that have to be granted be
reduced to 308, thus requiring a total number of 10
houses out of the 35. The motion was seconded by
Councilman Offutt. The Council voted two (2) in favor
of and four (4) opposed, with Council Members Womack,
McClure, Rodenbaugh and Mayor Pierson casting the
negative votes. The motion failed.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Womack, the Council voted four (4) for
and two (2) opposed, with Council Members Paxton and
Offutt casting the negative votes, to adopt Ordinance
No. 444-7-83, as captioned previously, and in accordance
with the recommendations of the Planning and Zoning
Commission, as stated. The motion carried.
Public Hearing: Assessment of
Demolition Costs on Property Owned
by William Brice Lank (Agenda Item IV -C)
City Manager Jon McCarty advised the City Council that
the residence owned by William Brice Lank, known as Lot 4,
Block E, Whisenant Addition, located at 612 Hefner Drive,
was involved in a major fire and explosion on August of 1982.
Following that incident, the structure was determined to be an
uninhabitable and dangerous structure and posted as such by the
office of the Building Official. On several occasions, the
city had contacted Mr. Lank to have the structure removed with
no response. So after failure to demonstrate any intent of
compliance by Mr. Lank, the city, through powers and duties
of the building code, had the structure demolished and removed.
Ttose expenses amounted to $3,350.00, $50.00 for engineering
inspection by consulting engineer and $3,300.00 for demolition
and removal of structure by the Allen Development Company.
The city is now trying to recoup those expenses according to
the provisions of Ordinance No. 290 0£ the City of Allen.
Mr. McCarty advised the Council that it was city staff's
recommendation that failure on the part of William Brice Lank
to reimburse the city for those costs incurred, being $3,350.00,
that the City Council should levy a special assessment against
the property in the way of a lien, therefore,guaranteeing the
city's recuperation of funds expended when the property is sold.
City Manager McCarty further advised that Mr. Lank had
been notified of the actions to date by due process and no
reply had been received.
The Council briefly discussed the situation.
Mayor Pierson opened the public hearing. Mr. Lank did not
appear nor anyone to speak in his behalf. Mayor Pierson closed
the public hearing.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Womack, the Council voted 5 - 0, with
Councilman Rodenbaugh being out of the room, to approve
the recommendations of the city staff, as stated above,
and place a special assessment against the property in
the way of a lien in the amount of $3,350.00. The
motion carried.
Mayor Pierson recessed the regular session of the Allen
City Council at 8:57 p.m. The meeting reconvened at 9:12 p.m.
iJ 9
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman Paxton, the Council voted 6 - 0 to adopt
Resolution No. 445-7-83(R) as captioned above. The
motion carried.
Approval of Final Plat -
Fountain Park VI Subdivision (Agenda Item VI)
Buddy Shepherd, with Starnes & Associates, presented to and
spoke before the Council on the final plat for Fountain Park VI
Subdivision.
Mr. Shepherd advised of the location of the subdivision,
being east of Roaring Springs Drive,and containing 136 lots
for residential development with the same characteristics as
the existing subdivisions in Fountain Park.
The Planning and Zoning Commission, at their meeting of
June 23, 1983, recommended approval of the Final Plat for
Fountain Park VI, contingent upon the satisfactory solution of
the city staff's recommendation to obtain an easement from the
eastern property owner and provide a temporary turnaround at
the end of Sycamore Creek.
The city staff further recommended that the plat be
approved by the City Council with the stipulation that it
not be filed with the county for record until the required
easements are in place on the adjacent property to the east.
ALLEN CITY COUNCIL
July 7, 1983 Page 6
Resolution No. 445-7-83(R): A
Resolution of the City Council of
the City of Allen, Collin County,
Texas, Approving the Assignment
of the "Community Antenna Tele-
vision System" to Communications
Services, Inc. (Agenda Item V)
Mayor Pierson advised the Council of the request by
Media Systems, Inc. to transfer the cable television franchise,
Ordinance No. 291, from Media Systems, Inc., to Communications
Services, Inc.
Mayor Pierson further advised that the council subcommittee
had met with the representatives of the cable companies and
individuals from the City of McKinney, who have the same cable
company, and had provided input on this request as well as the
City Managers of Allen and McKinney.
Mr. George Gunter, President of Media Systems, Inc., spoke
before the Council on behalf of this request.
Mr. Richard L. Thiessen, Vice President of Communications
Services, Inc., also spoke before the Council on this request.
There was considerable discussion between the City Council
and the cable television representatives on the particular areas
of the franchise agreement which had not been implemented such
as the educational channels; the work being done to implement
the educational channels and the trouble with the transmission
from Region 10 to Allen; the location of the disc in Wylie and
equipment to be provided at the various schools; the follow-up
being done on areas where cables have not been properly buried;
the poor quality of the pictures received from the cable; the
action of Communications Services to improve upon the areas of
concern; if the franchise can be revoked and how it can be done;
and payment of delinquent taxes for the past two years by the
cable company.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman Paxton, the Council voted 6 - 0 to adopt
Resolution No. 445-7-83(R) as captioned above. The
motion carried.
Approval of Final Plat -
Fountain Park VI Subdivision (Agenda Item VI)
Buddy Shepherd, with Starnes & Associates, presented to and
spoke before the Council on the final plat for Fountain Park VI
Subdivision.
Mr. Shepherd advised of the location of the subdivision,
being east of Roaring Springs Drive,and containing 136 lots
for residential development with the same characteristics as
the existing subdivisions in Fountain Park.
The Planning and Zoning Commission, at their meeting of
June 23, 1983, recommended approval of the Final Plat for
Fountain Park VI, contingent upon the satisfactory solution of
the city staff's recommendation to obtain an easement from the
eastern property owner and provide a temporary turnaround at
the end of Sycamore Creek.
The city staff further recommended that the plat be
approved by the City Council with the stipulation that it
not be filed with the county for record until the required
easements are in place on the adjacent property to the east.
ALLEN CITY COUNCIL
July 7, 1983 Page 7
Approval of Final Plat -
Fountain Park VI Subdivision (cont'd) (Agenda Item VI)
The Council briefly discussed the final plat on the ingress/
egress to the subdivision and the recommendations of the city
staff and the Planning and Zoning Commission regarding the
requirement for the easements.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman McClure, the Council voted 6 - 0 to
approve the Final Plat for Fountain Park VI Subdivision
in accordance with the recommendations of the Planning
and Zoning Commission, as stated, and in accordance with
the city staff's recommendation, as stated. The motion
carried.
Mayor Pierson recessed the regular session of the Allen
City Council at 10:21 p.m. The meeting reconvened at 10:38 p.m.
At this time, Councilman Don Rodenbaugh advised of the
good work by the Allen Police Department during a recent burglary
at his appliance store.
Resolution No. 446-7-83(R): A
Resolution of the City Council of
the City of Allen, Texas, Concurring
with the Texas State Library and
Archives Commission's Designation
of Nicholson Memorial Library as
Major Resource Center for the North-
east Texas Library System, and Pro-
w:... viding for the Membership of the
(v Allen Public Library in That System. (Agenda Item VII)
Mrs. Barbara Buehler, Library Director, presented to and
spoke before the Council on the proposed resolution and provided
background information on the reasoning behind the request for
a change.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Rodenbaugh, the Council voted 6 - 0
to adopt Resolution No. 446-7-83(R) as captioned above.
The motion carried.
Also at this time, Mrs. Buehler advised the Council of a
letter received from a resident regarding an incident that
occurred while he was using the library facilities and his
dissatisfaction with what happened. Mrs. Buehler stated how
she would respond to his letter and keep an incident like that
from happening again.
It was the consensus of the Council that Mrs. Buehler
had handled the incident properly and that the Mayor write
to the individual advising of the receipt of his letter and
that Mrs. Buehler would be writing to him.
Consideration of Items Relating
to Soliciting Bids and Contracting
for Solid Waste Collection for
the City of Allen (Agenda Item VIII)
City Manager Jon McCarty advised the Council of the pre-
paration of the proposed contract and ordinance for solid waste
collection based upon the major issues discussed at a previous
Council meeting and the input received from the Council at that
time.
City Manager McCarty reviewed with the Council the proposed
contract for solid waste collection. The Council discussed
that the commercial pickups needed to be detailed with perhaps
providing for a minimum amount of service guaranteed, that the
containers be kept closed, a starting time and stopping time
for solid waste pickup each day, and provisions for clean up of
spillage with a time limit. ��,
ALLEN CITY COUNCIL
July 7, 1983
Page 8
Consideration of Items Relating to
Soliciting Bids and Contracting for
Solid Waste Collection for the
City of Allen (continued) (Agenda Item VIII)
City Manager Jon McCarty reviewed the proposed ordinance
with the Council for the contracting and collection of solid
waste in the City of Allen.
The Council discussed with Mr. McCarty the collection of
monies for solid waste collection, charging a fee for the city's
collection of the monies, time frame for the contract with
terms for extension if service is good, placing a time limit on
when the garbage can be placed outside for collection and being
able to enforce that provision, and various other aspects of
the ordinance.
This item was received as a matter of information. There
was no action taken on this item.
City Manager McCarty advised the Council that the contract
and ordinance would be redrafted based upon the discussions
presented at this meeting.
Tax Report - June 30, 1983 (Agenda Item IX -A)
The Council reviewed the Schedule of Taxes Receivable as
of June 30, 1983 and briefly discussed the figures shown.
This item was received as a matter of information. There
was no action taken on this item.
Status Report on the Central
Business District Committee (Agenda Item IX -B)
Councilman Don Rodenbaugh advised of the work of the Central
Business District Committee and their progress of completion of
a final draft for review by the Council and the Planning and
Zoning Commission.
Mr. Rodenbaugh advised that the next steps would be to
hold a joint meeting with both bodies to review the draft,
make revisions if they were needed, set a public hearing date,
send out notices to all property owners in Allen, and finally
hold a joint public hearing and take action on the central
business district zoning.
This item was received as a matter of information. There
was no action taken on this item.
Adjournment into Executive Session
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Offutt, the Council voted 6 - 0 to
adjourn into Executive Session at 12:03 a.m, on Friday,
July 6, 1983. The motion carried.
Executive Session (Agenda Item X)
In accordance with Article 6252-17 (Open Meetings Law),
V.A.T.C.S., Section 2(f), the Allen City Council convened into
Executive Session at 12:06 a.m. on Friday, July 8, 1983, in
the Conference Room of the Allen Municipal Annex, to discuss
matters pertaining to real estate.
The Executive Session was adjourned at 12:25 a.m. on
Friday, July 8, 1983.
ALLEN CITY COUNCIL
July 7, 1983
Page 9
At 12:28 a.m. on Friday, July 8, 1983, the Allen City
Council reconvened into regular session to consider the next
agenda item.
Consideration of Accepting a
Donation of Property from
A. E. Vita (Agenda Item XI)
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman Paxton, the Council voted 6 - 0 to
accept dedication of approximately 1/2 acre of land
from A. E. Vita, out of the J. L. Reed Survey,
Abstract No. 758, located off of Allen Drive.
The motion carried.
Adjournment
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted 6 - 0 to
adjourn the regular session at 12:35 a.m. on Friday,
July 8, 1983. The motion carried.
These minutes approved on the 21st day of JULY
1983.
11r1a, k�
Marty Hendr , CITY SECRETARY
L
M. S. Pierson, MAYOR
/' 4