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Min - City Council - 1994 - 06/02 - RegularALLEN CITY COUNCIL REGULAR MEETING JUNE 2, 1994 Present - Joe Farmer, Mayor Councilinemben: Kevin Lilly, Mayor Pro Tem David Kerr David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager ` Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councdmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Fanner at 6:30 p.m. on Thursday, June 2, 1994, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Oven Council Discussion (Agenda Item 11) Police Chief Richard Carroll discussed a recent tragedy in the Police Department where an officer's wife committed suicide City Manager Jon McCarty informed the Allen City Council of an "open house/kick-off' for Arvida's development on July 21, 1994 The City Manager informed the Council that Arvida has asked certain fees be waived regarding park development. He is recommending that the inspection and pro -rata fees not be waived. However, the water impact fee could be considered since the City of Allen will eventually be owners of that property The City Manager also reviewed the solid waste issue with four months of space available in the Maxwell Landfill. Due to Environmental Protection Agency (EPA) requirements, North Texas Municipal Water District (NTMWD) is being required to provide additional provisions at the McKinney Landfill site. Details have not been completely worked out, but costs for landfill services in the future will increase greatly ALLEN CITY COUNCIL WORKSHOP SESSION .LUNE 2, 1994 PAGE 2 A meeting has been set up with James Huffman, District Engineer for TXDOT, to discuss issues pertinent to the development of the City of Allen, including FM 2170 East, SH 5, Exchange Parkway, US 75, FM 2170 West and SH 121 The City Manager will set up a meeting prior to this scheduled meeting to discuss and define the issues, roles and strategies of the role players. It was felt that the City needed to be intense in their discussions but not to alienate TXDOT A meeting is scheduled next week with Folsom Development to review a Fortune 5 Company employing 120-150 employees with a building of $10 million who is interested in moving to the City of Allen. It was noted that there may be a group forming within the City of Allen to oppose the current bond election. Discussion of Consent Agenda and Regular Aeenda Items (Agenda Item III) Mayor Farmer began the review of the Consent Agenda items. City Manager Jon McCarty requested that Agenda Item IV, Consent Agenda, Item C, Approve Abandonment of Water Line Easements, be removed from the Consent Agenda for further discussion Discussion was held regarding Agenda Item VII, Tabled Item: Consider a Resolution Authorizing Execution of a Contract for Batting Cages in Ford Park and Initiating Zoning in the Form of a Specific Use Permit. Due to a recent article in the Allen American, there stay be individuals present this evening to discuss the contract for batting cages However, this item will not be removed from the table. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:30 p.m. on Thursday, June 2, 1994. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7.38 p.m. on Thursday, lune 2, 1994 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) Mayor Pro Tem Lilly requested that Item C, Approve Abandonment of Water Line Easements, be removed from the Consent Agenda. MOTION: Upon a motion made by Councilmember Kerr and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve Minutes of May 19, 1994, Regular Meeting. ALLEN CITY COUNCIL REGULAR SESSION JUNE 2, 1994 PAGE 3 B. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: J.C. Evans $29,830.00 For: Utility Relocation McDermott/FM 2170 1985 Water & Sewer Bond Funds Period: Thru May 17, 1994 D Approve a Resolution Authorizing an Adjustment and Refund to the 1993 Tax Rolls. Resolution No. 1256-6-94(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing an Adjustment and Refund to the 1993 Tax Roll. E. Set July 7, 1994, as Public Hearing Date to Consider a Request to Rezone 59 2907 Acres from Residential (R-4) to Residential -Deed Restricted (R-5/DR) and 12.7060 Acres from Local Retail (LR) to Shopping Center (SC) as Requested by Land Advisors, Inc. F Set July 7, 1994, as Public Hearing Date to Amend Planned Development No 52 (PD - 52) by Reshaping the Existing District of Multi -Family, Shopping Center, and Single Family as Requested by John T Green. The motion carried. C. Approve Abandonment of Water Line Easements. Discussion was held regarding Agenda Item IV, Consent Agenda, Item C, Approve Abandonment of Water Line Easements. Mayor Pro Tem Lilly indicated further information would be provided by Public Works Director George Conner The City of Allen retains a 30 -foot wide water line easement along the south side of FM 2170 and the north side of Shadow Lakes North development. Lots 27, 28, 49 and 50 in Block A of Shadow Lakes North have the water line easement along their northern boundary making the lots too narrow to construct homes. The City of Allen has an 18" water line utilizing the northern 17.5 feet of the 30 -foot wide easement and after investigation feels that the City does not require the southern 12.5 foot portion of this easement. Ordinance No. 1257-6-94: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Abandoning Portions of a Water Line Easement Located on Tracts of Land Situated in the John Davis Survey, Abstract No. 255, and Further Being a Part of Lots 27, 28, 49 and 50 of Block A of Shadow Lakes North, an Addition to the City of Allen, as Recorded in Cabinet 1, Page 137, of the Deed Records of Collin County, Texas; Providing for Exhibits "A," "B," "C," and "D", Providing for a Severability i Clause; and Providing for an Effective Date. ALLEN CITY COUNCIL REGULAR SESSION 9 JUNE 2, 1994 PAGE 4 MOTION: Upon a motion made by Councilmember Hamner and seconded by Mayor Pro Tem Lilly, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1257-6-94 as previously captioned and in accordance with Planning and Zoning recommendation. The motion carried. End of Consent Aeenda Council Committee Reports (Agenda Item V) Finance/Administration: No report Services: Development: Mayor's: Allen Recreation Center Meeting set for June 8 Dallas Mobility Regional Coalition — 7:30 a.m. — Friday, June 3 Municipal Messenger Community forums scheduled Articles to be in Allen American Community groups are being contacted Citizen's Comments (Agenda Item VI) Rod Parr, 914 Wandering Way, spoke before the Council regarding the following items: WalMart leaving the City of Allen Trailer lights and registrations not current Balltield lights and age limitations Bethany Lakes Park — snakes and varmints City needs street sweepers Garbage pick-up needs adjustments Radar needed in Allen Electrical interruptions and 9-1-1 ALLEN CITY COUNCIL REGULAR SESSION JUNE 2, 1994 PAGE 5 Tabled Item: (Agenda Item VII) Consider a Resolution Authorizing Execution of a Contract for Batting Cages in Ford Park and Initiating Zoning in the Form of a Specific Use Permit This item was not removed from the table Set June 16, 1994 as Date for Public Hearings to Consider Annexation of a 57.566± Acre Tract of Land Located South of FM 2170 and East of Custer Road as Reauested by C. W. Kendall III (Agenda Item VIII) An application for annexation from C. W Kendall III has been received requesting the City of Allen to annex approximately 57.566± acres of land immediately south of FM 2170 and east of Custer Road. MOTION: Upon a motion made by Councdmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to set June 16, 1994 as the public hearings date to consider annexation of 57.566± acre tract of land located immediately south of FM 2170 and east of Custer Road as requested by C. W Kendall III. The motion carried Administer Oath -of -Office and Presentation of Certificate -of -Appointment to Reappointed Member of the Allen Sim Control Board (Agenda Item IX) City Secretary Judy Morrison administered the Oath -of -Office and Mayor Farmer presented a Certificate - of -Appointment to reappointed member of the Allen Sign Control Board Jeff Nolan, Place No 4, with term expiration of September 30, 1994. Other Business: (Agenda Item X) Calendar (Agenda Item X -A) Early Voting — June 6 thru lune 21 Election Day — June 25 Public Information Meetings — June 9, lune 14 and June 15 Items of Interest (Agenda Item X -B) Public Works Director George Conner provided a film for Council to view regarding the ozone issue The City of Allen will be taking pro -active steps in dealing with the ozone issue including share -riding, alternative fueled vehicles and four-day work weeks. ALLEN CITY COUNCIL REGULAR SESSION JUNE 2, 1994 Executive Session PAGE 6 (Agenda Item XI) In accordance with The Texas Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551,074, Staff Presentations, Section 551 075, the Allen City Council convened into Executive Session at 8:32 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to property purchase and sale. The Executive Session was adjourned at 10.43 p.m. Reconvene (Agenda Item XII) The Allen City Council reconvened into regular session at 10:44 p.m. on Thursday, June 2, 1994, in the Council Chambers of the Allen Municipal Annex. Resolution No. 1258-6-94(R): A Resolution Authorizing the Tax Assessor/Collector to Resell Property Owned by the City of Allen for Consideration of Less than Total Taxes Owed. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1258-6-94(R) as E previously captioned. The motion carried. Adjourn (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 1045 p.m., on Thursday, lune 2, 1994. The motion carried. These minutes approved on the 16th day of June , 1994. APPROVED: oe Farmer, MAYOR ATTEST: July Mor on, CMC, CITY SECRETARY