Min - City Council - 1985 - 10/17 - RegularCITY OF ALLEN
ANNEXATION PUBLIC HEARING
OCTOBER 17, 1985
147.679 acres
Present•
Jon McCarty, City Manager
Marty Hendrix, City Secretary
In accordance with Article 970(a), V.A.T.C.S., the
public hearing was called to order by City Manager Jon McCarty
at 1:00 p.m. on Thursday, October 17, 1985, in the Council
Chambers of the Allen Municipal Annex, One Butler Circle,
Allen, Texas.
City Manager McCarty advised that the 147.679 acres
of land out of the Jesse H. Gough Survey, Abstract No. 347,
and the Alfred Slack Survey, Abstract No. 654, Collin County,
Texas, had been requested to be annexed into the Allen city
limits by Jeffrey A. Barnes, representing Don F. Jones,
property owner.
Mr. McCarty reviewed the location of the property,
being south of Rowlett Road, east of F.M. 2478 and north
of West Rowlett Creek.
Mr. McCarty advised that the prepared service plan for
the property had been prepared and was available for public
review.
City Manager McCarty opened the public hearing. No
one appeared to speak either for or against this annexation
request. City Manager McCarty closed the public hearing.
The public hearing was adjourned at 1:08 p.m.
These minutes reviewed and approved on this the 17th day
of October, 1985.
Marty Hendrlxb CITY SECRETARY
CITY OF ALLEN
ANNEXATION PUBLIC HEARING
OCTOBER 17, 1985
27.303 acres
Present:
Son McCarty, City Manager
Marty Hendrix, City Secretary
In accordance with Article 970(a), V.A.T.C.S., the
public hearing was called to order by City Manager Son
McCarty at 1:10 p.m, on Thursday, October 17, 1985, in the
Council Chambers of the Allen Municipal Annex, One Butler
Circle, Allen, Texas.
City Manager McCarty advised that the 27.303 acres of
land out of the Thomas G. Kennedy Survey, Abstract No. 500,
had been requested to be annexed into the Allen city limits
by William D. Parsons, The Cambridge Companies, Inc.,
property owner.
Mr. McCarty reviewed the location of the property,
being southwest of Watters Branch and west of U. S. 75.
Mr. McCarty advised that the prepared service plan
for the property had been prepared and was available for
public review.
City Manager McCarty opened the public hearing. No
one appeared to speak either for or against this annexation
request. City Manager McCarty closed the public hearing.
The public hearing was adjourned at 1:16 p.m.
These minutes reviewed and approved on this the 17th
day of October, 1985.
F.EW
ALLEN CITY COUNCIL
REGULAR SESSION
OCTOBER 17, 1985
Present:
Donald P. Rodenbaugh, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Jim Wolfe
Jim Pendleton
Gary Koch
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
At this time Mayor Rodenbaugh returned to the Council's
regular agenda items.
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 City Council Minutes of September 30,
1985 - Called - Special Session.
B. Approval of City Council Minutes of October 3, 1985 -
Regular Session.
C. Authorization to city staff to pay bills associated
with the 1979 Capital Improvement Program as follows:
1. Graham Associates, Inc. $ 5,655.00
Contract for Construction of
Main Street - Phase I -
Engineering Design thru
September 24, 1985
A0
The regular session of the Allen City Council was called
to order by Mayor Rodenbaugh at 7:31 p.m, on Thursday, October 17,
1985, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
Mayor Rodenbaugh announced to the audience that there
would be a deviation in the order of the items on the Council's
agenda at this item. Mayor Rodenbaugh stated that Agenda Item
F
III would be considered at this time.
Presentation of the Sesquicentennial
Flag and Plaque to the Allen City
Council by Members of the Sesquicentennial
Committee (Agenda Item III)
Richard Saunders, member of the Allen Sesquicentennial
Committee, and other members of the committee, presented
the state's Sesquicentennial Flag to the Mayor and City
Council and presented the plaque recognizing the City of
Allen as a "Texas Independence Community" by the Texas 1986
Sesquicentennial Commission.
At this time Mayor Rodenbaugh returned to the Council's
regular agenda items.
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 City Council Minutes of September 30,
1985 - Called - Special Session.
B. Approval of City Council Minutes of October 3, 1985 -
Regular Session.
C. Authorization to city staff to pay bills associated
with the 1979 Capital Improvement Program as follows:
1. Graham Associates, Inc. $ 5,655.00
Contract for Construction of
Main Street - Phase I -
Engineering Design thru
September 24, 1985
A0
ALLEN CITY COUNCIL
OCTOBER 17, 1985 Page 2
CONSENT AGENDA (cont'd) (Agenda Item II)
2. Evaluation Associates $28,000.00
Professional Services -
Thoroughfare Project/Paving
Enhancement Study along
F.M. 2170, including portions
of Main Street and Allen
Drive from a point just west
of Anna Drive east to Dogwood
Drive.
Graham Associates, Inc. $ 2,520.00
Contract for Construction
of 8" Water Line along
Main Street - Construction
Staking of Water Line along
Main Street thru September 24,
1985.
D. Set November 7, 1985 as Public Hearing Date on
Request for Permanent Zoning of "SC" (Shopping
Center) on 6.1193 Acres of Land Located at the
-
Southwest Corner of Jupiter Road and F.M. 2170,
as requested by Cambridge Properties.
E. Set November 7, 1985 as Public Hearing Date on a
Request for Permanent Zoning of "CF" (Community
Facilities) and Approve the Site Plan on 27.303
Acres of Land Located North of Rowlett Creek and
West of U. S. 75, as requested by Cambridge
Development Company.
F. Schedule of Taxes Receivable as of September 30,
1985.
G. Ordinance No. 647-10-85: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the Here-
inafter -Described Territory to the City of Allen,
Texas, Approximately 180.170 Acres Located in the
Francis Dosser Survey, Abstract No. 280, and the
George Phillips Survey, Abstract No. 719, 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 the
Ordinances, Acts, Resolutions and Regulations of
Said City; Providing a Severability Clause; and
Providing for the Effective Date of Said Ordinance.
aur
End of Consent Agenda
Public Hearing: Request to Annex
9 Acres of
Land
Land
Location: East of F.M. 2478
and North of West
Rowlett Creek
Requestor: Jeffrey A. Barnes
for Don F. Jones (Agenda Item IV -A)
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing on a Request to Annex 147.679 Acres of
Land Located South of Rowlett Road, East of F.M. 2478
and North of West Rowlett Creek."
aur
ALLEN CITY COUNCIL
OCTOBER 17, 1985
Public Hearing: Request to Annex
147.679 Acres
Requestor: Jeffrey A. Barnes
for Don F. Jones
Page 3
(Agenda Item IV -A)
Jeffrey A. Barnes, representing property owner Don F. Jones, spoke
before the Council on behalf of this request for annexation of
147.679 acres into the city limits of Allen.
asp
Mayor Rodenbaugh opened the public hearing. No one appeared
to speak either for or against this annexation request. Mayor
Rodenbaugh closed the public hearing.
In accordance with state law, a public hearing was held
at 1:00 p.m, on Thursday, October 17, 1985, on this annexation
request and the City Council had been provided with a copy of
the minutes of that public hearing. The service plan for
the property had been prepared and was available for public
review.
There was no action taken on this item.
The consideration of the annexation ordinance would be
brought forth to the City Council at their regular meeting
to be held on November 7, 1985.
Public Hearing: Request to Annex
27.303 Acres of Land
Location: West of U. S. 75 and
North of Rowlett Creek
Requestor: Cambridge Companies (Agenda Item IV -B)
6
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing on a Request to Annex 27.303 Acres of Land
Located West of U. S. 75 and North of Rowlett Creek."
Pete Boecher, with Jones and Boyd and representing Cambridge
Companies, spoke before the Council on behalf of the request to
annex 27.303 acres of land into the Allen city limits.
Mayor Rodenbaugh opened the public hearing. No one appeared
to speak either for or against this annexation request. Mayor
Rodenbaugh closed the public hearing.
In accordance with state law, a public hearing was held
at 1:00 p.m. on Thursday, October 17, 1985, on this annexation
request and the City Council had been provided with a copy of
the minutes of that public hearing. The service plan for the
property had been prepared and was available for public review.
There was no action taken on this item.
The consideration of the annexation ordinance would be
brought forth to the City Council at their regular meeting
to be held on November 7, 1985.
Public Hearing: Request for Permanent
Zoning of "CF" and
Approval of Site Plan
on 65+ Acres of Land
Location: South of S.H. 121, and
West of U.S. 75
Requestor: Ridgeview Memorial Park (Agenda Item IV -C)
and
asp
Mr. Morrow presented the site plan of the Ridgeview
Memorial Park and explained that the city had recently
annexed this property into the Allen city limits and that
it was currently zoned AO (Agricultural - Open Space).
Mr. Morrow advised that they wanted to obtain permanent
zoning of CF (Community Facilities) and obtain site plan
approval in order to build mausoleums along the southern
boundary of their cemetery property.
Mr. Morrow presented an artist's rendering of the
proposed mausoleum buildings and advised of the proposed
construction of the buildings.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this request. Mayor
Rodenbaugh closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting held on September 12, 1985, recommended to the
City Council approval of this zoning request and site plan
approval as presented.
asi
ALLEN CITY COUNCIL
OCTOBER 17, 1985 Page 4
Public Hearing: Request for Permanent
Zoning of "CF" and
Approval of Site Plan
(cont'd) on 27.303 Acres of Land
and
Ordinance No. 648-10-85: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Comprehensive Zoning
Ordinance No. 366-10-81, of the City
of Allen as Previously Amended, so as
to Change the Following Described
Tract of Land from "AO" Agricultural
Open Space Classification to "CF"
Community Facilities; Said Tract of
Land Being Described as Follows:
Approximately 65 Acres of Land Situated
in Collin County, Texas, Being a Part
of the George Phillip Survey, and
Being a Resurvey of 60 Acres of Land
Conveyed by G. D. Johnson, Et Ux, to
J. C. Story, Et Ux, by Deed Recorded
in Volume 340, Page 231, of the Deed
Records of Collin County, Texas, Less,
However, That Portion of Said 60 Acres
Conveyed by J. C. Story, Et Ux, to the
State of Texas for Highway Purposes;
Providing for a Site Plan, Providing
for a Penalty of Fine Not to Exceed
the Sum of $1,000.00 For Each Offense,
Providing for a Severability Clause,
and Providing for the Effective Date
of Said Ordinance. (Agenda Item IV -C)
into
Mayor Rodenbaugh read the request the record as follows:
"Public Hearing to Consider a Request for Permanent Zoning
of "CF" (Community Facilities) and Approve the Site
Plan on Approximately 65 Acres of Land Located South of
State Highway 121, West of U. S. 75, and Consider an
Ordinance Establishing Permanent Zoning and Attaching
the Approved Site Plan."
Mr. Doyle Morrow, with Ridgeview Memorial Park, presented
to and spoke before the Council on this request for permanent
zoning on the 27.303 acres of land out of the George Phillip
Survey, Abstract No. 701, Collin County, Texas, located west
of U. S. 75 and south of State Highway 121.
Mr. Morrow presented the site plan of the Ridgeview
Memorial Park and explained that the city had recently
annexed this property into the Allen city limits and that
it was currently zoned AO (Agricultural - Open Space).
Mr. Morrow advised that they wanted to obtain permanent
zoning of CF (Community Facilities) and obtain site plan
approval in order to build mausoleums along the southern
boundary of their cemetery property.
Mr. Morrow presented an artist's rendering of the
proposed mausoleum buildings and advised of the proposed
construction of the buildings.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this request. Mayor
Rodenbaugh closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting held on September 12, 1985, recommended to the
City Council approval of this zoning request and site plan
approval as presented.
asi
ALLEN CITY COUNCIL
OCTOBER 17, 1985 Page 5
Public Hearing: Request for Permanent
Zoning of "CF" and
Approval of Site Plan
(cont'd) on 27.303 Acres of Land
and
Ordinance No. 648-10-85 (cont'd) (Agenda Item IV -C)
MOTION: Upon a motion made by Councilman Womack and seconded by
Councilman McClure, the Council voted 7 - 0 to approve
the request in accordance with the recommendation of
the Planning and Zoning Commission, as stated; and to
adopt Ordinance No. 648-10-85, as captioned previously.
The motion carried.
Public Hearing: Request to Change the
Permanent Zoning of
LR to SC on 3.67 Acres
Location: Northeast Corner of
Bethany Road and
S. H. 5
Requestor: Sam Beasley for
Bethany Plaza Shopping
Center (Agenda Item IV -D)
and
Ordinance No. 649-10-85: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Comprehensive Zoning
Ordinance No. 366-10-81, of the City
of Allen as Previously Amended, so as
to Change the Following Described
Tract of Land from "LR" Local Retail
to "SC" Shopping Center, Said Tract
of Land Being Described as Follows:
Approximately 3.67 Acres of Land Out
of the William Perrin Survey, Abstract
No. 708 and the R. Sewell Survey,
Abstract No. 875, Collin County, Texas;
Providing for a Penalty of Fine Not to
Exceed the Sum of $1,000.00 for Each
Offense, Providing for A Severability.
Clause, and Providing for the Effective
Date of Said Ordinance.
and
Mayor Rodenbauqh read the request into the record as follows:
"Public Hearing to Consider a Request to Change the Permanent
Zoning of "LR" (Local Retail) to "SC" (Shopping Center) on
3.67 Acres of Land Located at the Northeast corner of
Bethany Road and State Highway 5 and Consider an Ordinance
Rezoning the 3.67 Acres of Land and Consider a Resolution
Adopting Voluntary Deed Restrictions."
7��
Resolution No. 650-10-85(R): A Resolution
of the City of Allen, Collin County, Texas,
Adopting Certain Voluntary Deed Restrictions
on Approximately 3.67 Acres of Land Located
in the William Perrin Survey, Abstract No.
708, in the R. Sewell Survey, Abstract No.
875, Collin County, Texas, and Being Part
of the Bethany Plaza Shopping Center at the
Northeast Corner of Bethany Road and State
Highway No. 5; and Providing the City of
Allen the Authority to Withhold Certificates
of Occupancy Necessary for the Lawful Use of
the Property Until Such Restrictions Are
Fully Complied With.
Mayor Rodenbauqh read the request into the record as follows:
"Public Hearing to Consider a Request to Change the Permanent
Zoning of "LR" (Local Retail) to "SC" (Shopping Center) on
3.67 Acres of Land Located at the Northeast corner of
Bethany Road and State Highway 5 and Consider an Ordinance
Rezoning the 3.67 Acres of Land and Consider a Resolution
Adopting Voluntary Deed Restrictions."
7��
ALLEN CITY COUNCIL
OCTOBER 17, 1985 Page 6
Public Hearing: Request to Change the
Permanent Zoning of
"LR" to "SC" on 3.67 Acres
Requestor: Sam Beasley for
Bethany Plaza Shopping
(cont'd) Center (Agenda Item IV -D)
and
Ordinance No. 649-10-85 and
Resolution No. 650-10-85(R) (cont'd)
Sam Beasley, President of Ray Blanchard Companies, presented
to and spoke before the Council on this rezoning request on
3.67 acres of land from local retail to shopping center and
the reasoning behind the request for zoning change.
Mayor Rodenbaugh opened the public hearing. No one
appeared to speak either for or against this zoning change
request. Mayor Rodenbaugh closed the public hearing.
The Planning and Zoning Commission, at their regular
meeting held on September 12, 1985, recommended to the City
Council approval of the zoning change request with the addition
of the voluntary deed restrictions on this property against
commercial indoor amusement and movie theaters.
The Council discussed with Mr. Beasley whether the shopping
center building would be suitable for an indoor theatre, and the
list of uses that are allowed under the shopping center zoning
that are not allowed under the local retail zoning. Mr. Beasley
provided the Council with copies showing the allowable uses under
the shopping center zoning that are not permitted under the local
retail zoning.
Mr. Beasley explained to the Council the research that he
had done regarding the leasing of this commercial property
and that the market had indicated more need for lease space
under the shopping center zoning uses rather than the permitted
uses allowed under the local retail zoning.
The Council discussed the placement of the burden for
permitted uses on the developer by leaving the property zoned
local retail with the developer having to request the various
uses by a specific use permit rather than rezoning the property
to shopping center and having to adopt deed restrictions to
eliminate certain uses and placing the burden then on the
city to enforce the deed restrictions.
There was considerable discussion on the permitted uses
under the shopping center zoning district and some of the
proposed uses not being compatible at that location in the city,
the shopping center zoning being an appropriate zoning use at
that location, and the elimination of some of the proposed uses
under the shopping center zoning.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded by Councilman Koch, the Council voted six (6)
for and one (1) opposed, with Councilman Pendleton
casting the negative vote, to approve the zoning
change request; to adopt Ordinance No. 649-10-85,
as captioned previously; and to adopt Resolution No.
650-10-85(R), as captioned previously, with the deed
restrictions amended to restrict the use of the
property against indoor theatres, recreational and
entertainment uses, and building materials. The
motion carried.
IN
Resolution No. 652-10-85(R): A
Resolution of the City Council of the
City of Allen, Collin County, Texas
Adopting Certain Voluntary Deed
Restrictions on Approximately 3.7803
Acres of Land Located in the Peter
Fisher Survey, Abstract No. 324,
Block No. 12, City of Allen, Collin
County, Texas, and Being Part of the
Allen Heights Village Shopping Center
at the Northwest Corner of the Inter-
section of F.M. 2170 and Allen Heights
Drive; and Providing the City of Allen
the Authority to Withhold Certificates
of Occupancy Necessary for the Lawful
Use of the Property Until Such Restrictions
are Fully Complied With.
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request to Amend Planned
Development No. 1 to Allow for Shopping Center Uses on
3.7803 Acres of Land Located at the Northwest Corner of
the Intersection of F.M. 2170 and Allen Heights Drive
and Consider an Ordinance Amending P. D. No. 1 and Consider
a Resolution Adopting Voluntary Deed Restrictions."
ask
ALLEN CITY COUNCIL
OCTOBER 17, 1985 Page 7
Public Hearing: Request to Amend
Planned Development
No. 1 to Allow for
Shopping Center Uses
on 3.7803 Acres of
Land
Location: Northwest Corner of
the Intersection of
F.M. 2170 and Allen
Heights Drive
Requestor: Sam Beasley for the
Allen Heights Village
Shopping Center (Agenda Item IV -E)
and
Ordinance No. 651-10-85: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Comprehensive Zoning
Ordinance No. 366-10-81, of the City
of Allen as Previously Amended, by
Amending "PD" Planned Development
No. 1, by Amending the Land Use Plan
on Tract 6 so as to Change the
Restriction of "LR" Local Retail
Uses to "SC" Shopping Center Uses:
Said Tract of Land Being Described
as Follows: Approximately 3.7803
Acres of Land Situated in the Peter
Fisher Survey, Abstract No. 324,
Block 12, City of Allen, Collin
County, Texas, and Duly Platted as
Allen Heights Shopping Center Addition
to the City of Allen, Collin County,
Texas; Providing for a Penalty of Fine
Not to Exceed the Sum of $1,000.00
for Each Offense, Providing for a
Severability Clause, and Providing for
the Effective Date of Said Ordinance.
and
Resolution No. 652-10-85(R): A
Resolution of the City Council of the
City of Allen, Collin County, Texas
Adopting Certain Voluntary Deed
Restrictions on Approximately 3.7803
Acres of Land Located in the Peter
Fisher Survey, Abstract No. 324,
Block No. 12, City of Allen, Collin
County, Texas, and Being Part of the
Allen Heights Village Shopping Center
at the Northwest Corner of the Inter-
section of F.M. 2170 and Allen Heights
Drive; and Providing the City of Allen
the Authority to Withhold Certificates
of Occupancy Necessary for the Lawful
Use of the Property Until Such Restrictions
are Fully Complied With.
Mayor Rodenbaugh read the request into the record as follows:
"Public Hearing to Consider a Request to Amend Planned
Development No. 1 to Allow for Shopping Center Uses on
3.7803 Acres of Land Located at the Northwest Corner of
the Intersection of F.M. 2170 and Allen Heights Drive
and Consider an Ordinance Amending P. D. No. 1 and Consider
a Resolution Adopting Voluntary Deed Restrictions."
ask
ALLEN CITY COUNCIL
OCTOBER 17, 1985 Page 8
Public Hearing: Request to Amend
Planned Development
No. 1 to Allow for
Shopping Center Uses
on 3.7803 Acres
Requestor: Sam Beasley for Allen
Heights Village Shopping
(cont'dl Center (Agenda Item IV -E)
and
Ordinance No. 651-10-85 and
Resolution No. 652-10-85(R) (cont'd)
Sam Beasley, President of Ray Blanchard Companies, presented
to and spoke before the Council on this request to amend Planned
Development No. 1 to allow for shopping center uses and advised
that this change was being requested using the same criteria
on the previous zoning change request. That criteria was the
market survey of the need for commercial leasing for uses in
the shopping center zoning district rather than the uses
allowed under the local retail zoning.
Mayor Rodenbaugh opened the public hearing.
A5-
Tina Bailey, of Tina Bailey and Associates, leasing agent
for this commercial property, spoke before the Council on the
requests she receives for leasing commercial property in Allen
and that those uses are for shopping center zoning rather than
the local retail zoning uses.
with no one else wishing to speak either for or against
this request to amend Planned Development No. 1, Mayor Rodenbaugh
t.
(fir/
closed the public hearing.
The Planning and Zoning Commission, at their regular meeting
held on September 12, 1985, recommended to the City Council
approval of this request with the modification that voluntary
deed restrictions be filed to be enforced by the city against
commercial amusement uses, indoor theaters, hotels and motels
at this location.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Wolfe, the Council voted six (6) for and
one (1) opposed, with Councilman Pendleton casting the
negative vote, to approve the request to amend Planned
Development No. 1 to allow for shopping center uses on
3.7803 acres of land; to adopt Ordinance No. 651-10-85,
as captioned previously; and to adopt Resolution No.
652-10-85(R), as captioned previously, with deed
restrictions amended to include indoor theater uses,
recreational & entertainment uses, hotel/motel uses,
and building materials uses. The motion carried.
Mayor Rodenbaugh recessed the regular session of the Allen
City Council at 8:31 p.m. The meeting reconvened at 8:45 p.m.
Resolution No. 653-10-85(R): A
Resolution of the City Council
of the City of Allen, Texas,
Suspending the Operation of
Proposed Rate Increase Schedules
Filed by Lone Star Gas Company,
a Division of Enserch Corporation,
for a Period of Ninety (90) Days
Beyond the Date of Which Such
Schedules Would Otherwise Go
Into Effect and Denying Interim
Rate Relief. (Agenda Item V)
City Manager Jon McCarty advised the Council of the filing
on October 9, 1985, by Lone Star Gas Company with the City of
Allen, a rate increase request. This request asks for additional
revenue of $89,828 or 9.678 based on the test year ended 12/31/84.
A5-
ALLEN CITY COUNCIL
OCTOBER 17, 1985
Page 9
Resolution No. 653-10-85(R) (cont'd) (Agenda Item V)
as(,
Mr. McCarty advised that Lone Star Gas is again requesting a
summer/winter rate differential.
Mr. McCarty then reviewed the three options for action
to be taken by the City Council. Those actions are:
1. Do nothing and allow the rates proposed by Lone Star
Gas Company to take effect as proposed.
2. Suspend the rate increase for 90 days. Appoint a
Council subcommittee to meet with Lone Star Gas
representatives and formulate a recommendation for
full Council consideration.
3. Suspend the rate increase request and authorize
contracting with a consultant to study the Gas
Company request.
Mr. McCarty then reviewed the advantages and disadvantages
of the three proposed options. Mr. McCarty stated that it was
the city staff's recommendation that the Council select either
option 2 or 3, with a preference towards option 3 and adopt
the proposed resolution suspending the rate increase request.
The Council discussed the last rate increase request
that Lone Star Gas had submitted in 1984 and how the Council
Subcommittee course of action had worked in that case and
how the members of that committee felt about it.
The Council then discussed the use of the consultant
and how the city had also used that course of action on
several rate increase requests in the past; the need for
more clarification of the data submitted by Lone Star
Gas in a rate increase request; holding a workshop session
with the consultant prior to taking action on the rate
increase request; and the cost for the consultant's work.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
approve and adopt Resolution No. 653-10-85(R), as
captioned previously, and to direct city staff to
proceed with option 3 in accordance with the city
staff's recommendation, as stated. The motion
carried.
Consider Authorization for a
Facilities Agreement With
Bass Development Company for
Off -Site Paving of Bethany
Road. (Agenda Item VI)
Don Bass, with Bass Development Company, spoke before
the Council on his request for a facilities agreement with
the city in order to receive reimbursement of costs associated
with the off-site paving of the southern two lanes of Bethany
Road, east of Jupiter Road.
Mr. Bass explained that the city was requiring the completion
of Bethany to the intersection of Jupiter to provide for
circulation to the residential properties located in the Cotton-
wood Bend Development. Mr. Bass advised that he had tried to
enter into a friendly agreement with the commercial property
owners at the southeast corner of Bethany Road and Jupiter
Road in order to get the road completed but they had advised
him that they were not ready to develop the property at
this time and their lender would not pay for any street
improvements at this time. Therefore, Mr. Bass stated that
he is willing to place the funds in escrow immediately to
facilitiate the timely completion of the project in the
amount of $132,400 based upon a calculation submitted by
as(,
A
ALLEN CITY COUNCIL
OCTOBER 17, 1985
Page 10
Consider Authorization for a
Facilities Agreement With
Bass Development Company for
Off-site Paving of Bethany Road (cont'd) (Agenda Item VI)
Don Tipton Engineers. Mr. Bass added that he wanted to enter
into a facilities agreement with the city in order to receive
reimbursement for these costs at the time the commercial property
is developed and the property will have to put up its portion
of the street improvements.
The Council discussed with Mr. Bass if the right-of-way
for the street improvements had been obtained and that the
city will not be held liable for those costs if the property
is never developed.
Bill Petty, Director of Community Development, spoke before
the Council on the circumstances surrounding this facilities
agreement request.
Mr. Petty advised that it was the city staff's recommendation
that the City Council authorize the city staff to prepare a
facilities agreement with Bass Development Company whereby
they would proceed with the improvements to Bethany Road and
the city would hold the commercial property responsible for
reimbursement on those funds at the time that they develop.
Mr. Petty added that the city staff would further recommend
that the proposed facilities agreement would be brought before
the Council for their consideration at a future meeting.
MOTION: Upon a motion made by Councilman Pendleton and seconded
by Councilman Wolfe, the Council voted 7 - 0 to authorize
the city staff to prepare a facilities agreement with
Bass Development Company whereby they would proceed with
the improvements to Bethany Road and the city would hold
the commercial property responsible for reimbursement on
those funds at the time that they develop, and that
the facilities agreement be brought back before the
Council for their consideration at a future meeting,
in accordance with the city staff's recommendation, as
stated. The motion carried.
Report on Trip to the
Public Utility Commission
(Agenda Item VII -A)
City Manager Jon McCarty advised the Council of the meeting
in Austin on October 15, 1985, with members of the Public
Utility Commission, Southwestern Bell Telephone Company and
General Telephone Company, regarding the city's request for
Extended Area Service (EAS) and discussion on obtaining the
step by step process to follow to try and obtain the EAS.
Mr. McCarty provided information on the docketing of this
request with the Public Utility Commission and the timeframe
for the entire process taking approximately 300 days, with
another year before the EAS could be implemented in the city.
At this time, Council Members Wolfe and Womack and Mayor
Rodenbaugh, who also attended this meeting in Austin, gave
their views of the outcome of the meeting and what the city
can expect in this process.
The Council discussed the establishing of a plan of action
for this process and the importance of keeping the entire
Council informed as to steps in the process and the status
of the request for Extended Area Service.
This item was received as a matter of information. There
was no action taken on this item.
ALLEN CITY COUNCIL
OCTOBER 17, 1985
Page 11
Reception for Allen Independent
School District Board (Agenda Item VII -B)
City Manager Jon McCarty advised the Council that he had
contacted Superintendent Dr. John Horn with the AISD and the
city would be involved in a reception currently being planned
by the school district's PTA -PTO organizations. The date for
the reception is Sunday, October 20, 1985, at 3:00 p.m. to 5:00 p.m.,
in the commons area of the Allen High School.
The Council briefly discussed who would be able to attend
the reception and those who would not be able to attend would
express their congratulations and appreciation to the School
Board in a letter.
This item was received as a matter of information. There
was no action taken on this item.
Items of Interest to the Council (Agenda Item VII -C)
City Secretary Marty Hendrix advised the Council of the
upcoming meeting of the Collin County Public Officials Association
to be held on Thursday, October 24, 1985, at 6:30 p.m., at
the Holiday Inn in McKinney. Council Members Farmer, Womack
and Koch indicated that they would attend the meeting.
Mayor Rodenbaugh advised the Council of a town meeting
to be held by Representative Dick Armey on Saturday, November 16,
1985, in the Council Chambers, at 11:00 a.m., and encouraged
those interested to attend.
Mayor Rodenbaugh advised the Council of the importance of
Mayor Pro Tem Farmer also advised of some other legislation
pending to balance the national budget and reduce the expenditures
and that the bill is not uniform in its application in that some
federal programs are set aside from the legislation and others
are greatly effected. Mayor Pro Tem Farmer explained that both
of these issues will have an effect on the City of Allen if they
are passed.
Adjournment
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 10:00 p.m. on Thursday, October 17, 1985. The
motion carried.
These minutes approved on the 7th day of November
1985.
Donald P. Rodenbaugh, MAS
Marty Hendri CITY SECRETARY
1SA
the propositions that would be forthcoming on the ballot for
the November 5th General Election. Mayor Rodenbaugh stated
that several of the propositions were for water plans and
systems in the state. The Council discussed the proposed
propositions and if the city would take a stand on the
amendments. Mayor Rodenbaugh advised that he had a summary
of all of the propositions that he would furnish to the
Council if they were interested in them. Council Members
indicated that they would like to receive the information.
Mayor Pro Tem Farmer advised the Council of some pending
federal legislation regarding Social Security and Medicare/
Medicade and its application to the states' school districts
and how much this legislation would cost the school districts
if it passes as it is now written.
Mayor Pro Tem Farmer also advised of some other legislation
pending to balance the national budget and reduce the expenditures
and that the bill is not uniform in its application in that some
federal programs are set aside from the legislation and others
are greatly effected. Mayor Pro Tem Farmer explained that both
of these issues will have an effect on the City of Allen if they
are passed.
Adjournment
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Pendleton, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 10:00 p.m. on Thursday, October 17, 1985. The
motion carried.
These minutes approved on the 7th day of November
1985.
Donald P. Rodenbaugh, MAS
Marty Hendri CITY SECRETARY
1SA