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Min - City Council - 1983 - 10/06 - RegularALLEN CITY COUNCIL REGULAR SESSION October 6, 1983 Present: Mickey Pierson, Mayor 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 The regular session of the Allen City Council was called to order by Mayor Pierson at 7:33 p.m. on Thursday, October 6, 1983, 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 Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of the September 6, 1983 City Council and Planning and Zoning Commission Minutes - Called - Special Joint Meeting. B. Approval of the September 15, 1983 City Council Minutes - Regular Session. C. Authorization to City Staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Communications Corporation of America $ 370.00 Contract No. 13216 - Lease -Purchase of Telephone System for Allen Municipal Annex - Charges for Call Waiting Feature of System 2. Manufacturer's Outlet Center $ 353.58 Contract No. FS 8023 - Construction of Service Center/City Hall Annex Landscaping of Building - Bark Mulch 3. Wilhide, Inc. $ 3,236.00 Contract No. 39805 - Modular Furniture for Service Center/ City Hall Annex - Receptionist Desk Unit J37 ALLEN CITY COUNCIL October 6, 1983 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 4. James Kilbane $ 30.38 Contract No. 39805 - Modular Furniture for Service Center/ City Hall Annex - Installation of Receptionist Desk Unit and Lighting 5. DeShazo, Starek & Tang $ 3,500.02 Contract No. J83093 - Engineering Services - Allen Main Street Alignment Consultant Fees from August 1 - 31, 1983 6. Ronald E. Fix and Associates: a. Contract No. 821004 - Con- $ 925.88 struction of Park Place Drive - Inspection and Engineering Fees b. Contract No. 820503C - Con- $ 2,923.69 struction of Utilities for Jupiter Road Bridge - Inspection, Surveying, Staking, and Engineering Fee 7. Uvalde Construction Company $ 6,345.00 Contract No. 821004 - Con- struction of Park Place Drive - Payment No. 6 8. L. E. Delekta, Inc. $ 17,153.55 Contract No. 820503C - Con- struction of Utilities for Jupiter Road Bridge - Payment No. 3 D. Ordinance No. 462-10-83: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter - Described Territory to the City of Allen, Texas, Approximately 1.8298 Acres Lying in the Lewis Wetsel Survey, Abstract No. 978, and Being Generally Described as West of State Highway 5, Between the Intersections of Thoreau Lane and High Meadow Drive, 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 Inhabitants by All of the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a Severability Clause; and Pro- viding for the Effective Date of Said Ordinance. E. Resolution No. 463-10-83: Resolution Designating "The Allen American' the Official Newspaper of the City of Allen, Collin County, Texas. F. Set November 3, 1983 as the Public Hearing Date on a Request to Rezone to PD (Planned Development) and Approve the Site Plan for a 4.251 Acre Tract of Land Located at the Intersection of Bethany Road and U.S 75. air ALLEN CITY COUNCIL October 6, 1983 Page 3 CONSENT AGENDA (cont'd) (Agenda Item II) G. Set October 20, 1983 as Public Hearing Date on an Annexation Request of 179.04 Acres of Land Located West of U.S. 75, North of F.M. 2170, and South of Rowlett Road. H. Set November 3, 1983 as Public Hearing Date on a Request to Rezone to PD (Planned Development) and Site Plan Approval on 20.595 Acres of Land Located Adjacent to Park Place Drive and East of Jupiter Road. The motion carried. End of Consent Agenda Oaths -of -Office to Newly Appointed and Reappointed Members of the Parks and Recreation Board, Zoning Board of Adjustment/Sign Control Board (Agenda Item III -A) City Secretary Marty Hendrix administered the oath -of -office to the following newly appointed and reappointed members of the Parks and Recreation Board and the Zoning Board of Adjustment/ Sign Control Board: Ron Workman, Place No. 2 - Parks & Recreation Board Wayne Austin, Place No. 3 - Parks & Recreation Board Bob Outman, Place No. 4 - Parks & Recreation Board Don Kirkindoll, Place No. 3 - Zoning Board of Adjustment/ Sign Control Board Don Lewis, Place No. 5 - Zoning Board of Adjustment/Sign Control Board Mayor Pierson advised that Rick Alexander, Place No. 1 on the Zoning Board of Adjustment/Sign Control Board, could not be present at this meeting to receive his oath -of -office and it would be administered to him at the city hall. Plaque of Appreciation to Russ Bratcher, Member of the Parks and Recreation Board (Agenda Item III -B) Mayor Pierson advised that Russ Bratcher, due to illness, could not attend this meeting to receive his plaque of appreciation, therefore, the plaque would be sent to him. Accept Resignation of a Planning and Zoning Commission Member - Larry Larsen Place No. 7 (Agenda Item III -C) Mayor Pierson advised of the resignation letter received from Larry Larsen, Place No. 7, on the Planning and Zoning Com- mission. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 to accept the resignation letter from Larry Larsen with a note of "thanks" for his service to the Commission. The motion carried. Mayor Pierson advised that the appointment to fill this vacancy would be made at the next regular Council meeting. Individuals interested in submitting a data sheet should contact the City Secretary. ALLEN CITY COUNCIL October 6, 1983 Page 4 Public Hearing: Rezoning Request of 34.7005 Acres from Zoning: R-2 (Residential) to R-3, R-4 (Residential) and LR (Local Retail) Location: Located at Southeast Corner of Malone Road _ and F.M. 2170 Requestor: Robert L. Carr (Agenda Item IV -A) and Ordinance No. 464-10-83: An Ordinance of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as Heretofore Amended, so as to Change the Zoning Classification on 34.7005 Acres Out of the Following - Described 41.7105 Acre Tract of Land from R-2 (Residential) District Clas- sification to 5.19 Acres of R-3 (Resi- dential) District Classification; 27.6433 Acres to R-4 (Residential) District Clas- sification, and 2.0472 Acres to LR (Local Retail) District Classification. Said Tract of Land Being Described as Follows: Approximately 41.7105 Acre Tract Located in the William Snider Survey, Abstract No. 821, Collin County, Texas; Further Described as Being the Southeast Corner of F.M. 2170 and Malone Road; 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 of Said Ordinance. (Agenda Item IV -A) Mayor Pierson read the request into the record as follows: "Public Hearing on a request to rezone 34.7005 acres from R-2 (Residential) to R-3, R-4 (Residential) and LR (Local Retail), located at the southeast corner of Malone Road and F.M. 2170." Buddy Sheperd, with Starnes and Associates and representing the requestor, spoke before the Council of behalf of this request for rezoning. Mr. Sheperd provided some background information on this request and pointed out the fact that this request was a revision of a previous rezoning request which was denied by the Council. Mr. Sheperd presented a map showing the location of the property and showing the various areas to be rezoned as follows: LR (Local Retail)- 2.0472 Acres R-4 (Residential)- 27.6433 Acres R-3 (Residential)- 5.19 Acres and with 7.01 Acres to remain zoned R-2 (Residential) of the total 41.7105 acres of land. Mayor Pierson opened the public hearing. No one appeared to speak either for or against the request for rezoning. Mayor Pierson closed the public hearing. aU ALLEN CITY COUNCIL October 6, 1983 Page 5 Public Hearing: Rezoning Request 34.7005 Acres and Ordinance No. 464-10-83 (cont'd) (Agenda Item IV -A) The Planning and Zoning Commission, at their meeting of August 25, 1983, had recommended to the City Council that this rezoning request be approved as presented. The Council briefly discussed the location of the property and the distance of the end of the R-2 (Residential) zoning from the southern boundary of the property. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the rezoning request in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 464-10-83, as captioned previously. The motion carried. Public Hearing: Site Plan Approval 4.12 Acres Location: Located North of Park Place Drive, 1327 feet east of Jupiter Road and Adjacent to West Boundary of Hillside Village No. 8 Requestor: Dr. Joel B. Goldsteen (Agenda Item IV -B) Mayor Pierson read the request into the record as follows: "Public Hearing on a request for site plan approval on 4.12 acres of land, located north of Park Place Drive, 1327 feet east of Jupiter Road and adjacent to the west boundary of Hillside Village No. 8." Dr. Joel B. Goldsteen, the requestor, presented to and spoke before the Council on the request for site plan approval of the 4.12 acres of land. Dr. Goldsteen presented the site plan showing a townhouse development on the 4.12 acres of land, which contained 2B town- houses at a density of 6.8 units per acre. The site plan also included the public street around the property, open space, alleys, utility easements and the boundaries of the property. Dr. Goldsteen also advised of the location of the carports and garages and the landscaped areas and stated that this would be Phase I of the Park Place development, which would also include additional townhouses and multi -family dwellings. a4/ The Council discussed with Dr. Goldsteen the distance from F.M. 2170 to this development, the location of Ford Middle School to this development, the height restriction on a screening fence, and the location of the screening fence. Mayor Pierson opened the public hearing. No one appeared to speak either for or against this request. Mayor Pierson (v closed the public hearing. The Council continued their discussion on the density of this development, the ingress/egress to this development, the location of the alleys, present zoning on this property, and the construction of the garages and the number of parking spaces for cars. The Planning and Zoning Commission, at their meeting of September 8, 1983, recommended to the City Council approval of the site plan as presented. a4/ ALLEN CITY COUNCIL October 6, 1983 Page 6 Public Hearing: Permanent Zoning of PD (Planned Develop - Zoning: ment) and Site Plan Approval - 1.829 Acres Location: Located West of S.H. 5 between Thoreau Lane and Highmeadow Drive Requestor: Exchange Group, Inc. (Agenda Item IV -C) and Ordinance No. 465-10-83: 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 Establish Permanent Zoning, To -Wit: "PD" Planned Development No. 14, on the Following -Described Tract of Land: Approx- imately 1.8298 Acres of Land, More or Less, Out of the Lewis Wetsel Survey, Abstract No. 978, Collin County, Texas; Providing for Use Regulations; Providing for a Site Plan; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. (Agenda Item IV -C) Mayor Pierson read the request into the record as follows: "Public Hearing on a request for permanent zoning of PD (Planned Development) and site plan approval to coincide with annexation of 1.829 acres of land, located west of State Highway 5 between Thoreau Lane and High Meadow Drive." Bill Jones, representing the Exchange Group, spoke before the Council on behalf of the request to permanently zone the 1.829 acres of land to Planned Development to include the use of office showroom. Mr. Jones advised that this land had been annexed into the city with the adoption of Ordinance No. 462-10-82, adopted under the Consent Agenda at this meeting, and presented the site plan for the development of this property for an office showroom. The site plan showed the location of the building on the property, parking area, landscaped areas, fire lane, and ingress/egress to the site. Mr. Jones also presented an artist's rendering of the exterior of the building. Mayor Pierson opened the public hearing. No one appeared to speak either for or against the request. Mayor Pierson closed the public hearing. Public Hearing: Site Plan Approval 4.12 Acres Requestor: Joel B. Goldsteen (cont'd) (Agenda Item IV -B) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to approve the site plan request as presented the recommendation of the Planning and in accordance with and Zoning Commission, as stated. The motion carried. Public Hearing: Permanent Zoning of PD (Planned Develop - Zoning: ment) and Site Plan Approval - 1.829 Acres Location: Located West of S.H. 5 between Thoreau Lane and Highmeadow Drive Requestor: Exchange Group, Inc. (Agenda Item IV -C) and Ordinance No. 465-10-83: 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 Establish Permanent Zoning, To -Wit: "PD" Planned Development No. 14, on the Following -Described Tract of Land: Approx- imately 1.8298 Acres of Land, More or Less, Out of the Lewis Wetsel Survey, Abstract No. 978, Collin County, Texas; Providing for Use Regulations; Providing for a Site Plan; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. (Agenda Item IV -C) Mayor Pierson read the request into the record as follows: "Public Hearing on a request for permanent zoning of PD (Planned Development) and site plan approval to coincide with annexation of 1.829 acres of land, located west of State Highway 5 between Thoreau Lane and High Meadow Drive." Bill Jones, representing the Exchange Group, spoke before the Council on behalf of the request to permanently zone the 1.829 acres of land to Planned Development to include the use of office showroom. Mr. Jones advised that this land had been annexed into the city with the adoption of Ordinance No. 462-10-82, adopted under the Consent Agenda at this meeting, and presented the site plan for the development of this property for an office showroom. The site plan showed the location of the building on the property, parking area, landscaped areas, fire lane, and ingress/egress to the site. Mr. Jones also presented an artist's rendering of the exterior of the building. Mayor Pierson opened the public hearing. No one appeared to speak either for or against the request. Mayor Pierson closed the public hearing. ALLEN CITY COUNCIL October 6, 1983 Page 7 Public Hearing: Permanent Zoning of Planned Development on 1.829 Acres - Exchange Group, Inc., and Ordinance No. 465-10-83 (continued) (Agenda Item IV -C) The Council discussed with Mr. Jones regulations on parking spaces for an office showroom with the use of electronic parts assembly as a business at that location. Bill Petty, Director of Community Development, reviewed with the Council the parking requirements for businesses at this location. The Council discussed how the parking requirements can be regulated, how various uses at this location will need a specific use permit to operate at that location, and how the lack of adequate parking can cause problems.to a development. The Planning and Zoning Commission, at their meeting of September 8, 1983, recommended to the City Council that the request for permanent zoning of Planned Development and the site plan be approved as presented. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 7 - 0 to approve the request for permanent zoning of Planned Development and the site plan as presented and in accordance with the recommendations of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 465-10-83, as captioned previously. The motion carried. Public Hearing: Annexation of 97.96 Acres of Land Location: Located at the Northeast Corner of the Intersection of Malone Road and F.M. 2170 Requestor: Omni Homes (Agenda Item IV -D) Mayor Pierson read the request into the record as follows: "Public Hearing on a request to annex 97.96 acres of land located at the northeast corner of the intersection of Malone Road and F.M. 2170." Mayor Pierson advised of the location of the property requested - to be annexed into the city limits. Mayor Pierson opened the public hearing. No one appeared to speak either for or against the annexation request. Mayor Pierson closed the public hearing. There was no action taken on this item. The annexation ordinance would be forthcoming at the November 3, 1983 City Council meeting. Ordinance No. 466-10-83: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 366-10-81 so as to Add a Central Business District Classification, Esta- blishing Allowable Uses Under Said District by Amending the Schedule of Uses, Changing Zoning Classifications Within the Boundaries of the Central Business District to "CBD" by Amending the Zoning Map, and Establishing Requirements for Site Plan Approval Through the Public Hearing Process by Amending Section 2.09, Site Plan Approval; Providing a Saving Clause; Providing Injunctive Relief; Providing for a Penalty of Fine Not (Agenda Item V) _)āœ“3 ALLEN CITY COUNCIL October 6, 1983 Page 8 Ordinance No. 466-10-83 (cont'd): (Agenda Item V) To Exceed the Sum of Two Hundred Dollars ($200.00) for Each Offense; and Pro- viding an Effective Date. Councilman Don Rodenbaugh spoke before the Council on the changes recommended by the Central Business District Base Committee in the form of the proposed ordinance. Mayor Pierson commended the base committee on their work in developing the Central Business District and the regulations. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Ordinance No. 466-10-83 establishing the Central Business District Zoning Classification, as captioned previously. The motion carried. Approval of Final Plat - 37.54 Acre Glen Hollow Addition (Agenda Item VI) Jim Bell, with Fox and Jacobs, spoke before the Council on the final plat of the 37.54 acre Glen Hollow Addition, located at the northwest intersection of Chapparal Road and Jupiter Road. Mr. Bell presented the final plat showing the location of the lots, the streets in the addition, the boundaries of the properties, etc. Mayor Pierson advised that the Planning and Zoning Commission, at their meeting of September 22, 1983, had recommended approval of the plat for the Glen Hollow Addition as presented. The Council discussed with Mr. Bell the paving of Jupiter Road, Chapparal Road and Ridgemont. There was considerable discussion on the construction of Jupiter Road and how it will be widened. Bill Petty, Director of Community Development, spoke before the Council on the construction of Jupiter Road. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to approve the Final Plat for the Glen Hollow Addition as presented and in accordance with the recommendation of of the Planning and Zoning Commission, as stated. The motion carried. Approval of Specifications and Authorization to Receive Bids on Police Vehicles (Agenda Item VII -A) Police Chief Richard Carroll spoke before the Council on the specifications for the purchase of two (2) police vehicles. Chief Carroll discussed with the Council the discontinuance of the Chevrolet Malibus and the manufacturers that can be expected to bid on these vehicles according to the proposed specifications. The Council also discussed the comparison of maintenance costs to be included in the bid comparison and if the bid included the vehicle being in road -ready condition. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to approve the specifications and authorize the receipt of bids for the two (2) police vehicles. The motion carried. 2y4 ALLEN CITY COUNCIL October 6, 1983 Page 9 Approval of Specifications and Authorization to Receive Bids on Communication Equipment (Agenda Item VII -B) Police Chief Richard Carroll spoke before the Council on the specifications for the purchase of communication equipment. Chief Carroll advised that this project cost was to be equally shared by the City of Allen and the Criminal Justice Division. The Council had previously approved a resolution authorizing the application for funding of this equipment. Chief Carroll advised that Bob Acker, Fire Marshal, had prepared the specifications for the communication equipment and could discuss with the Council the technical details of the specifications. The Council discussed the repeater system to be installed on existing equipment and the need for it in order to provide radio communications between the base station and the new outlet mall. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the specifications and authorize the receipt of bids for the communication equipment for the Police Department. The motion carried. At this time, City Manager Jon McCarty advised that he had received a resignation from Bob Acker, Fire Marshal, to be effective on Friday, October 21, 1983. Mr. McCarty commended Mr. Acker for his eight years of employment with the City of Allen and the exemplary service as the Fire Marshal. The City Council also added their appreciation for his work for the city. Authorization to Purchase Tape Logging Equipment for the Police Department (Agenda Item VII -C) Police Chief Richard Carroll spoke before the Council on the purchase of tape logging equipment through an open contract, which is held by Dictaphone Corporation, with the Houston Area Council of Governments. Chief Carroll advised that by purchasing the equipment in this manner there is a cost saving factor of approximately $3,000. This project also will be funded jointly by the city and the Criminal Justice Division. The Council had previously approved a resolution authorizing the application for the funding with the Criminal Justice Division. There was considerable discussion by the City Council on the purchase of this tape logging equipment using this method of pur- chase rather than the bidding process and whether this method would satisfy the state requirements for the purchase of capital items by a municipality. Further discussion also included whether this cost included the installation of the equipment and the warranty. City Manager McCarty advised the Council that the Houston Area Council of Governments had taken bids on the tape logging equipment and Central Council of Governments can enter into interlocal agree- ments with municipalities for the purchase of that equipment. Thus, Mr. McCarty advised that the provisions of the state law requirements for the bidding process have been met. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the authorization to purchase the tape logging equipment for the Police Department from the Houston Area Council of Governments in accordance with the city staff's recom- mendation. The motion carried. ,1115 .2V( ALLEN CITY COUNCIL October 6, 1983 Page 10 Resolution No. 467-10-83(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Approving the Participation of the City of Allen in the Greater Dallas - Fort Worth Regional Law Enforcement Interlocal Assistance Agreement. (Agenda Item VII -D) Police Chief Richard Carroll spoke before the Council on the proposed resolution which if adopted would approve the City of Allen's participation in a mutual assistance agreement for law enforcement agencies in the greater Dallas -Fort Worth area. Chief Carroll provided background information on the establishing of this agreement and how it would operate and affect the Allen Police Department. The Council discussed other cities involved in this agreement, how this agreement would affect the city's professional liability insurance, how a determination will be made and by whom on whether the Allen Police Department should assist other cities in certain instances, and several other aspects of the proposed agreement. There was considerable discussion by the Council with Chief Carroll on the portion of the agreement stating "to provide additional law enforcement officers to protect health, life and property against riot, unlawful assembly accompanied by the use of force and violence, and during times of natural disaster or man-made calamity", and what types of crimes could be included in that statement and what exactly that statement meant. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adopt Resolution No. 467-10-83(R), approving the participation of the City of Allen in the Greater Dallas - Fort Worth Regional Law Enforcement Interlocal Assistance Agreement. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 9:06 p.m. The meeting reconvened at 9:20 p.m. Recommendation to the Collin County Commissioner's Court Concerning the Collin County Farmer's Market (Agenda Item VIII) Councilman Don Rodenbaugh, member of the Collin County Farmer's Market Board, spoke before the Council on the proposal of the extension of the Collin County Farmer's Market for another season and the expansion of the facility with the addition of 14 stalls. Councilman Rodenbaugh also pointed out the letter agreement between the City of Allen and the Collin County Commissioners regarding the Farmer's Market and the City of Allen's need to made a recommendation on the extension of the market for another season, the market remaining at this location, or moving to another location and where another suitable location might be. There was considerable discussion by the City Council on the market location now not being a suitable location, finding another location in the City of Allen or elsewhere for a permanent site; if constructed at another location in Allen, the building meeting all of the building code and subdivision requirements, not expanding the facility for just one more season, and whether to extend the market for another season at that location. Glen Renfro, Building Superintendent for Collin County, spoke before the Council on the Farmer's Market and the proposal for operation of the market for another year and the expansion of the facility for the additional 14 stalls. .2V( ALLEN CITY COUNCIL October 6, 1983 Page 11 Mayor Pierson advised that the city staff has been in contact with the School District and the name of Donnie Higgins has been raised as a potential nominee. The Council discussed the vacancies to be filled on the board, authorizing the city staff to work with the school district to make the nomination, meeting the October 15th deadline for nominations, and considering other individuals for nomination. Councilman Womack submitted the names of Bob Curtis and Ward Paxton for consideration as nominees also. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 7 - 0 to direct the city staff to work with the school district in the selection of the nominee to the Collin County Appraisal District Board of Directors and the casting of the 75 votes. The motion carried. J0 Recommendation to the Collin County Commissioners' Court Concerning the Collin County Farmers' Market (cont'd) (Agenda Item VIII) The Council continued discussion on the existing location of the .market not being suitable, the potential development of the west side of U.S. 75, conditions of the letter agreement with the county which could terminate the market at that location, finding another site for the market in Allen, the probability that there is not another suitable site in the City of Allen for the market, the high costs of land in the city at this time, the extension of the Farmers' Market for another season, thus giving the county time to look for another location and to see if the market can prove to be profitable, and the county con- sidering a location in the extraterritorial jurisdiction of the city for a permanent facility. Other discussion included the expansion of the market facilities for another season being a decision to be made by the Collin County Commissioners, what the Farmers' Market Board's recommendation was in this matter, the members of the Farmers' Market Board at this time, and what action the Council should take regarding the Farmers' Market in order to provide input back to the County Commissioners. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Womack, the Council voted six (6) for and one (1) opposed, with. Mayor Pierson casting the negative vote, to modify the agreement with the county to allow the Farmers' Market to operate through 1989 at the existing location and then the operation at that site be eliminated. The motion carried. Consider Nominations to the Collin County Central Appraisal District Board of Directors (Agenda Item IX) Mayor Pierson advised the Council that a request has been received from the county to submit nominations for members to the Collin County Appraisal District Board of Directors. The City of Allen is entitled to 75 votes, which is determined by the amount of taxes collected by the city in the previous tax year. Mayor Pierson advised that in the pass the city has worked closely with the School District and the City of Plano and their school district to get a member on the board. Mayor Pierson advised that the city staff has been in contact with the School District and the name of Donnie Higgins has been raised as a potential nominee. The Council discussed the vacancies to be filled on the board, authorizing the city staff to work with the school district to make the nomination, meeting the October 15th deadline for nominations, and considering other individuals for nomination. Councilman Womack submitted the names of Bob Curtis and Ward Paxton for consideration as nominees also. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 7 - 0 to direct the city staff to work with the school district in the selection of the nominee to the Collin County Appraisal District Board of Directors and the casting of the 75 votes. The motion carried. J0 ALLEN CITY COUNCIL October 6, 1983 Page 12 Selection of Auditor to Conduct the 1982 - 83 Fiscal Year Audit (Agenda Item X) Mayor Pierson advised the Council of the interview process which was conducted with several auditing firms by he and the City Manager. The firms interviewed were Kissinger, Pingleton, f (fir' and Williams and Peat, Marwick, and Mitchell. City Manager McCarty handed out to the Council the proposals for their services and the comparison between the two firms. Mayor Pierson reviewed with the Council the proposals and advised that it was the city staff's recommendation that the firm of Peat, Marwick and Mitchell be selected as the auditor to conduct the 1982 - 83 fiscal year audit. The Council discussed the amount of funds appropriated for the payment to the auditor in the FY 1983 - 84 budget, the number of hours for extra service be limited, and that the city staff be prepared to present records and financial materials when the auditor begins in order to provide ai.time-saving element. MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the selection of the firm of Peat, Marwick and Mitchell as the auditor to conduct the 1982 - 83 fiscal year audit in accordance with the recommendation of the city staff. The motion carried. Tax Report - September 30, 1983 (Agenda Item XI -A) Walter Curtis, Tax Collector -Assessor, presented to and spoke before the Council on the Schedule of Taxes Receivable as of September 30, 1983. Mr. Curtis discussed with the Council the collection rate and the work being done to send out the 1983 tax statements. This item was received as a matter of information. There was no action taken on this item. Wilson Creek Wastewater Treatment Plant (Agenda Item XI -B) City Manager Jon McCarty advised the Council of the current status of the discharge permit for the Wastewater Treatment Plant to be located at Wilson Creek. Mr. McCarty advised that the hearing examiner has issued his findings in the matter and a copy of it was available for anyone interested in reading it. The examiner's findings were to issue the permit under certain stip- ulations. Mr. McCarty advised the Council of the four parties that had made recommendations for the issuance of the discharge permit and reviewed those recommendations briefly with the Council. Mr. McCarty advised that the Texas Water Commission will be conducting a public hearing on Thursday, November 3, 1983, in Austin and will have before them the four recommendations and will be making a decision on them. City Manager McCarty encouraged the Council to attend that public hearing in Austin to show the city's interest in the determination of this issue. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL October 6, 1983 Page 13 Discuss Schedule for Main Street Designation (Agenda Item XI -C) City Manager McCarty reminded the City Council of the recom- mendation of the Main Street Study Committee that a public hearing be held on the proposal for the alignment of Main Street, if the Council found no problems with their recommendation after the review and discussion of it at the September 29th meeting. Since timing is an important issue in this matter, it is recommended that the City Council proceed with the holding of that public hearing, however, it has also been recommended that the Main Street Study Committee conduct a public meeting to explain what this proposal consists of and to answer any questions that may be raised by citizens in this matter. The public meeting is to be scheduledprior to the public hearing in order to receive as much input on this major project as can be done. City Manager McCarty advised that the exact dates for both of the meetings had yet to be determined at this time. The Council discussed the relationship between the deve- lopment of Main Street and other accesses to be provided in the city to handle the traffic, that streets and thoroughfares needed to be looked at to provide additional east/west access, and determination of a date to hold the public hearing and that the Main Street Study Committee hold a public meeting prior to the public hearing in a timely manner to provide public notice. By consensus, the Council set the public hearing on the proposal for the alignment of Main Street for the Council meeting of Thursday, November 3, 1983. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:55 p.m. The motion carried. These minutes approved on the 20th day of October , 1983. , M. B.'ViErrson, MAYOR 1 ` r Marty Hen ri , CITY SECRETARY c1q Jāœ“5