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Min - City Council - 1980 - 11/20 - RegularREGULAR SESSION ALLEN CITY COUNCIL November 20, 1980 Present: Mayor M.B. Pierson Councilmen: Rex Womack, Joe Farmer, Richard Chumbley, Jim McClure, Glenn Andrew and H.R. Daugherty. The regular meeting of the Allen City Council was called to order by Mayor M.B. Pierson. Motion Chumbley Second Farmer to approve the minutes of the November 6 meeting. Motion carried 7 for 0 against. Ronny Crockett appeared to discuss the possible construction of mini warehouses west of Highway 75, an item which had been tabled from the November 6 meeting. After some discussion with Mr. Crockett regarding type of construction, a motion was made by Womack to approve the P & Z recommendations, which consisted of 7 requirements. The motion died for lack of a second. After some clarification questions regarding the preliminaries of the seven requirements as recommended by the City Engineer and P&Z, a motion was then made by Daugherty to table until Mr. Crockett can further access the total cost factor, and then request to appear again. Motion seconded by Chumbley. Motion carried 5 for 2 against. (Pierson and Womack) Two requests were made; that Mr. Crockett check into the cost of tilt up construction and he meet back with the staff for clarification before returning to the council. Ward Paxton requested to appear before the council for interpretation of the City Charter and zoning ordinance. Questions were asked relating to zoning change requests, to their frequency, effect to property owners more than 200' away, number of votes required to overrule P&Z and an interpretation of PD zoning. He asked that they consider imposing a frequency situation on tracts and consider adding to the new zoning ordinance. Mr. Paxton was hopeful that the council would consider this request for the next meeting. Property owners from 1108-1112 Sandy Trail appeared to request an appeal to allow fencing of a drainage and utility easement in the High Meadow II Addition. Their request would allow them to utilize and maintain that portion of their property that lies in that easemnt. Jimmy Eaton, Dr. of Public Works, had denied their request as this drainage easement takes care of the runoff from Roaring Springs as well as from the surround ing area to Exchange Blvd. Motion Chumbley Second McClure to deny the request. Motion carried 7 for 0 against. The Firearms Ordinance #321 was read for the second time. Speaking for the passage of this ordinance was Carolyn Smith and Jack Stein. Motion Womack Second Chumbley to adopt Ord. 0321, AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, MAKING IT UNLAWFUL, EXCEPT WHERE A SPECIAL PERMIT IS OBTAINE FOR ANY PERSON TO FIRE OR SHOOT OR CAUSE TO BE FIRED OR SHOT ANY FIREARM, RIFLE, SHOTGUN, AUTOMATIC RIFLE, REVOLVER, PISTOL OR ANY WEAPON DESIGNATED FOR THE PURPOSE OF FIRING OR DISCHARGING A SHELL OR CARTRIDGE, WHETHER SUCH IS BLANK OR LIVE AMMUNITION, WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING AN EXCEPTION FOR PEACE OFFICERS WHILE IN THE PERFORMANCE OF THEIR OFFICIAL DUTY; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS; AND PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE. Motion carried 7 for 0 against. 2. Nov. 20. cont. 53 The wood shingle ordinance was read for the first time, with a presentation from Bob Acker, Fire Marshall, who gave the staff's reasons for recommending Class C treated shingles over total banning. Mike Caldwell, National Forest Products, Bill Graham, Red Cedar Shingles, Jon Goodman, Goodman Homes, and a roofer voiced their objections to the banning of wood shingles. Motion Andrew Second Farmer to have the second reading December 4. Motion carried 7 for 0 against. The amended inflow and infiltration study was presented by Charles Wilmut. Motion Andrew Second Daugherty to approve entering into a contract with Gutierrez, Smouse, Wilmut and Associates for the services described in their proposal, to authorize the City Manager to take that action, and for the amount not to exceed $46,673, (10% contingency) with funds to be provided from 1st year Capital Improvement General Obligation Bonds. Motion carried 7 for 0 against. The Planning and Zoning Commission had requested that the council consider hiring an appraiser to estimate the effect on property values of area within 200' of the proposed zoning change at Bethany and west of Highway 5 and south of Keith Dr. Motion McClure Second Womack to deny the request. Motion carried 7 for 0 against. A recommendation from Planning and Zoning regarding street parking on Coats and Boyd was considered by the council. Carl Gilliland was present to answer questions regarding his plan for constructing an office and provisions for parking. Motion McClure Second Chumbley to table in accordance with Mr. Gilliland's request,for further advisement and study by the City Engineer and Mr. Gene Geer, his engineer. Motion carried 7 for 0 against. Jimmy Eaton requested that he be able to seek bids for a pick up for the Water and Sewer Department. Motion Daugherty Second Chumbley to grant this authorization to advertise for bids. Motion carried 7 for 0 against. The City Manager presented the final budget for 1st year Capital Improvements Program, in the amount of $2,076,121. Motion Andrew Second McClure to adopt this budget. Motion carried 7 for 0 against. The bill from Newman, Dahlberg and Partners, Inc. for consulting services for the land planning study on the land involved in the proposed zoning change west of Hwy 5, north of Bethany and south of Keith Dr., was presented to the council for payment. Motion Andrew Second Womack to pay the bill in the amount of $3,984.98 to Myrick Newman, Dahlberg and Partners from escrow funds. Motion carried 7 for 0 against. Motion Womack Second Daugherty to pay J.W. Reed, Allen Land Venture, $2200 for their share of pro rata on the water line from Highway 5 to Jupiter Rd. Motion carried 7 for 0 against. Fox and Jacobs had tied into the line at Bethany Rd. Motion Daugherty Second Andrew to adjourn into Executive Session to discuss property. Motion carried 7 for 0 against. A 3. Nov. 20, cont. After reconvening into regular session again a motion was made by Daugherty Second McClure to authorize the City Manager to negotiate purchase of property for fire substation. Motion carried 7 for 0 against. Motion Daugherty Second McClure to adjourn. Motion carried 7 for 0 against. These minutes read and approved this the � day of & hJ , 1980. M.B. Pierson, Mayor Juanelle Dalsing, City 'ecretary