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Min - City Council - 1994 - 06/16 - RegularCITY OF ALLEN ANNEXATION PUBLIC HEARING JUNE 16, 1994 Present: City Staff: Bill Petty, Director of Community Development Judy Morrison, City Secretary In accordance with V T C. A., Local Government Code, Chapters 42 and 43, the public hearing was called to order by Director of Community Development, Bill Petty, at 1:00 p.m. on Thursday, June 16, 1994, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Bill Petty, Director of Community Development advised that an Application for Annexation had been submitted by C. W Kendall IB with Kendall Land Corporation/Kendall Securities Corporation on May 17, 1994 requesting the City of Allen to annex approximately 57.566 acres of land immediately south of FM 2170 and east of Custer Road. ■ j Mr. Petty advised that the prepared service plan for the 57.566± acres was available for its public review Mr. Petty opened the public hearing. No one appeared to speak either for or against this annexation request. Mr Petty closed the public hearing. The public hearing was adjourned at 1:10 p.m. These minutes reviewed and approved on the 16th day of June, 1994. APPROVED: Bill Petty, DIRECTOR COMMUNITY DEVELOPMENT ATTEST: J y Mo •ison, CMC, CITY SECRETARY ALLEN CITY COUNCIL REGULAR MEETING JUNE 16, 1994 Present: Joe Farmer, Mayor Councilmembers: 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 - 6:00 P.M. With a quomm of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 6:15 p.m. on Thursday, June 16, 1994, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Oven Council Discussion (Agenda Item II) Staff has requested that Consent Agenda Items H and I be removed from the Consent Agenda and the public hearing date be scheduled for July 21 instead of July 7, 1994. The Texas Department of Transportation (TXDOT) meeting scheduled with Mr. Huffman has been rescheduled for June 20, 1994 at the District 18 Offices. Representatives of our legal staff and the TML insurance group will be present for the Executive Session to discuss the lawsuit status report. Residents at "The Woods" intend to come before the Council with a gated -entry request in the near future. I ALLEN CITY COUNCIL WORKSHOP SESSION t JUNE 16, 1994 Discussion of Consent Agenda and Reeular Aeenda Items PAGE 2 (Agenda Item III) Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda Item III, Consent Agenda, Item G, Consider a Resolution to Waive Water and Sewer Impact Fees for Twin Creeks Park. The Impact Fees for water and sewer would be approximately $2,100. Discussion was held regarding Agenda Item V, Presentation of Employee Tenure Pins. There will be several employees present tonight for their tenure pins and certificates. Discussion was held regarding Agenda Item VIII, 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. This item is not ready to be removed from the table. Discussion was held regarding Agenda Item IX, Request to Appear: Terri Cheakm Requesting the Use of Bethany Lakes Pavilion for a Concert Benefiting Allen Community Outreach. This concert benefiting the Allen Community Outreach will be a fund raiser with a request for donations and entails a concert, possible sale of merchandise, and various interest items. It was suggested in the long range plan to study this type of issue to possibly be handled by Staff if it meets basic criteria. This may be placed under the subcommittee structure for further study in the future. Discussion was held regarding Agenda Item X, Public Hearing on a Request to Annex a 57.566± Acre Tract of Land Located South of FM 2170 and East of Custer Road as Requested by C. W Kendall III. Staff held a public hearing at 1:00 p.m. this afternoon. No one was present at that public hearing. Discussion was held regarding Agenda Item XI, Approve a Resolution Authorizing Execution of Contract with the Texas Department of Transportation on the Exchange Parkway Construction. This contract with the Texas Department of Transportation delineates certain responsibility of the City of Allen in exchange for funding with the Texas Department of Transportation. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:00 p.m. on Thursday, lune 16, 1994 Executive Session In accordance with The Texas Government Code, Legal, Section 551.071, the Allen City Council convened into Executive Session at 7'00 p.m in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to lawsuit status report. The Executive Session was recessed at 7:20 p.m. Reconvene The Allen City Council reconvened into regular session at 7:32 p.m. on Thursday, June 16. 1994, in the Council Chambers of the Allen Municipal Annex There was no action taken on items discussed during Executive Session. ALLEN CITY COUNCIL WORKSHOP SESSION 1 JANE 16, 1994 REGULAR SESSION - 7:30 P.M. PAGE 3 With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:32 p.m. on Thursday, June 16, 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 H, Set July 7, 1994 as the Public Hearing Date on an Appeal by Douglas Properties of the Planning and Zoning Commission Decision on the Shadows Lakes North Phase Il Zoning Request and Item I, Set July 7, 1994 as the Public Hearing Date on an Appeal of the Planning and Zoning Commission Decision by Bass Development on the Cottonwood Square Zoning Request, be removed from the Consent Agenda MOTION: Upon a motion made by Councilmember Kerr and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approve Minutes of June 2, 1994, Regular Meeting. B Approve Minutes of Allen City Council/AISD Joint Meeting, May 26, 1994. C. Approve Minutes of Allen City Council Capital Improvement Program (CIP) Community Information Meeting June 9, 1994 D Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: Harte Hanks Community Newspaper $6976 For: South Fountain Gate Sidewalk 1985 Street Bond Funds Period: Thm April 24, 1994 E Tax Report. F Award Bid and Authorize Purchase of a Tractor from Collin County Ford of McKinney for a purchase price of $16,853 for Parks and Recreation Department. G. Consider a Resolution to Waive Water and Sewer Impact Fees for Twin Creeks Park. Resolution No. 1259-6-94(R): A Resolution of the City Council for the City of Allen, Collin County, Texas, Waiving all Water and Sewer Impact Fees for the Eleven Acre, Twin Creeks Park; Providing for an Effective Date. J Consider Authorizing a Temporary Amendment to the Site Plan Allowing a Portable Building During Construction of the Latter Day Saints Church Addition. ALLEN CITY COUNCIL REGULAR SESSION .LUNE 16, 1994 The motion carried. PAGE 4 H. Set July 7, 1994 as the Public Hearing Date on an Appeal by Douglas Properties of the Planning & Zoning Commission Decision on the Shadow Lakes North Phase II Zoning Request. Set July 7, 1994 as the Public Hearing Date on an Appeal of the Planning & Zoning Commission Decision by Bass Development on the Cottonwood Square Zoning Request. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to reschedule the public hearing date on an appeal by Douglas Properties of the Planning & Zoning Commission decision on the Shadow Lakes North Phase II zoning request and the appeal of the Planning & Zoning Commission decision by Bass Development on the Cottonwood Square zoning request to July 21, 1994 instead of July 7, 1994. The motion carried. End of Consent Aeenda Presentation of Employee Tenure Pins (Agenda Item V) City Manager Jon McCarty presented tenure pins and Mayor Joe Partner presented Certificates -of - Appreciation to the following employees for their tenure with the City of Allen. 15 YEAR 5 YEAR Jon McCarty Robert Tanner LaDOnm Peek 10 YEAR Bobby Gaddis Rhoda Savage Michael Stiles Stephen Seals, Jr. Sharon Tollenaar Linhan Davis Danny Ewton William Dowtin Mark Watts David Gardner Sue Witkowski Douglas Mazey Tom Keener William Beaty Scott Martinet Rex Parker Mark Meyer Council Committee Reports (Agenda Item VI) Finance/Administration: No report ALLEN CITY COUNCIL REGULAR SESSION JUNE 16, 1994 PAGE 5 Services: Will be meeting tomorrow morning regarding the Allen Recreation Facility and next week to address issues from the Police Department, the Library and the Fire Department Development: Study of encroachment of zoning verification waivers Exchange Parkway contract Economic Development update TXDOT meeting lune 20, 1994 Dallas Regional Mobility Council update Ozone update information Mayor's: Review of current agenda Municipal Messenger schedule Community unity strategic issue Mayor Farmer introduced the new editor for the Allen American, Brenda Welchlin. ■��I Citizen's Comments (Agenda Item VII) There were no citizen's comments. Tabled Item (Agenda Item VIII) Consider a Resolution Authorizing Execution of a Contract for Batting Cages in Ford Park and Initiating Zoninz in the Form of a Specific Use Permit This item was not removed from the table. Request to Appear: Terri Cheakas Requesting the Use of Bethany Lakes Pavilion for a Concert Benefitine Allen Community Outreach (Agenda Item IX) The Allen Community Outreach is requesting Council authorization for a concert at Bethany Lakes Park on July 4 from 11:00 a.m. to 8:00 p.m. with monies from donations being "ear -marked" for school supplies Terri Cheakas, 400 W Boyd, and Sue McClain, President of Community Outreach Board, were present to request this authorization. ALLEN CITY COUNCIL REGULAR SESSION JUNE 16, 1994 PAGE 6 MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to authorize the use of Bethany Lakes Pavilion as requested by the Allen Community Outreach on July 4 from 11:00 a.m. to 8:00 p.m. with Staff support directed through the Parks Department. The motion carried. Public Hearing on a Request to Amex a 57.566} Acre Tract of Land Located South of PM 2170 and East of Custer Road as Reauested by C. W. Kendall 111 (Agenda Item X) A voluntary annexation request by C. W Kendall III for approximately 57.566} acres of land south of FM 2170 and east of Custer Road has been received. A public hearing has been conducted by Staff at 1:00 this afternoon with no one present to speak either for or against the request. Mayor Fanner read the request into the record as follows: "Public Hearing on a Request to Annex 57 566± Acre Tract of Land Located South of FM 2170 and East of Custer Road as Requested by C. W Kendall IIL" Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request ���... to do so at this time. With no one speaking either for or against the request, Mayor Farmer closed the public hearing. There was no action taken on this item at this time. Approve a Resolution Authorizing Execution of Contract with the Texas Department of Transportation on the Exchange Parkway Construction (Agenda Item XI) The Exchange Parkway project from US 75 to SH 5 is 80% funded by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). The City of Allen is required to pay for 20% of TXDOT's review costs payable upon execution of the agreement and the total construction costs payable at the time of bidding of the project. The City is required to provide funding, prepare the preliminary engineering and design plans, acquire the necessary right-of-way, provide relocation assistance, prepare right-of-way description and value determination, accomplish the adjustment of utilities, condemn property, provide certifications, provide environmental mitigation and provide any other necessary items as required by the state. Resolution No. 1260-6-94(R): A Resolution of the City Council of the City of Allen, Coffin County, Texas, Committing to Provide Required Funding for the Development and Construction of the Exchange Parkway Project; Authorizing the City Manager to Execute a Contract with the Texas Department of Transportation; Providing for an Effective Date. 3 ALLEN CITY COUNCIL REGULAR SESSION JUNE 16, 1994 PAGE 7 MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1260-6-94(R) as previously captioned and authorize City Manager Jon McCarty to enter into a contract with the Texas Department of Transportation. The motion carried. Other Business (Agenda Item NIT) Calendar (Agenda Item XII -A) June 20 2:30 p in - 4:00 p.m. TXDOT meeting June 22 8:00 P.M. Budget workshop June 27 7.00 p.m. Canvass the election Items of Interest (Agenda item XII -B) There were no items of interest. Discuss Review Procedure for Vision 2000 Development Standards (Agenda Item XII -C) The Economic Development Board has met with property owners who fall within the "study area" and have incorporated their ideas into the Vision 2000 Development Standards. Now the Economic Development Board is asking for direct input from the Council. It is intended that this be an official document but not a legal document for the City On the 92 -acre property, Economic Development Board will incorporate these as deed restrictions. How these requirements or development standards will affect other property owners along US 75 is yet to be determined. The Council requested to see the document prior to a workshop being set up with the Economic Development Board. The Mayor's Subcommittee will arrange for a workshop date and come back to Council with a possible date for that workshop in the future. Executive Session In accordance with The Texas Government Code, Legal, Section 551.071, the Allen City Council reconvened into Executive Session at 8:37 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to lawsuit status report. The Executive Session was adjourned at 11.21 p.m. Reconvene The Allen City Council reconvened into regular session at 11.22 p.m. on Thursday, June 16, 1994, in the Council Chambers of the Allen Municipal Annex. There was no action taken on items discussed during Executive Session. ALLEN CITY COUNCIL J REGULAR SESSION 1 JUNE 16, 1994 Adiourn PAGE S (Agenda Item )[II) MOTION: Upon a motion made by Mayor Pro Tem Lilly 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 11.23 p.m., on Thursday, June 16, 1994. The motion carried. These minutes approved on the 7th day of July , 1994. ATTEST: dy Mo ' on, CMC, CITY SECRETARY I APPROVED: Jue Farmer, MAYOR