HomeMy WebLinkAboutMin - City Council - 1982 - 05/06 - RegularALLEN CITY COUNCIL
Regular Session
May 6, 1982
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty (arrived at 7:40 p.m.)
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 7:31 p.m. on Thursday, May 6, 1982,
at Rountree Elementary School, 800 E. Main Street.
Presentation of Plaques -of -Appreciation
to Outgoing Council Members (Agenda Item II)
This item was passed over since the outgoing Council
Members had not arrived at the Council Meeting.
Consent Agenda (Agenda Item III)
MOTION: Upon a motion made by Councilman McClure and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve and adopt all items on the Consent Agenda as
recommended and as follows (Councilman Daugherty was
absent at this time):
A. Minutes of the April 15, 1982 - Regular Session
B. Minutes of the April 19, 1982 - Called - Special
Work Shop Session
C. Minutes of the April 29, 1982 - Called - Special
Work Shop Session
D. Authorization to City Staff to pay bills associated
with the 1979 - 82 Capital Improvements Program as
follows:
1. Ronald E. Fix and Associates:
a. Contract No. 810708 - Raising of $ 1,382.50
the Hillside 500,000 Gallon
�- Elevated Water Storage Tank
Engineering Fees - April, 1982
b. Contract No. 810206R - Construc- $ 1,924.18
tion of Reed Park - Engineering
and Surveying - April, 1982
C. Contract No. 800705R - Construc- $ 5,874.34
tion of Bethany, Butler, &
Pebblebrook
Engineering Fees - April, 1982
2. Service Enterprise Corporation $ 85,500.00
Contract No. 810708 - Raising of
Hillside 500,000 Gallon Elevated
Water Storage Tank - Payment No. 1
ALLEN CITY COUNCIL
May 6, 1982
Page 2
Consent Agenda (continued) (Agenda item III)
3. Austin Paving Company $ 54,369.43
Contract No. 800705R -
Construction of Bethany, Butler,
& Pebblebrook - Payment No. 8
4. Transamerican Builders, Inc. $140,993.64
Contract No. 810206R -
Construction of Reed Park -
Payment No. 2
5. H. B. Zachry Company $ 4,442.17
Rowlett Creek Sewer Aerial
Crossing Replacement - Estimate
No. 2 & Final
6. Barton Company, Inc. $ 697.00
Bronze Plaque - Fire Station
No. 2
7. Robert D. Porcher Associates, Inc. $ 2,350.00
Appraisal of three (3) tracts
of land for Ford Park
The motion carried.
�5
End of Consent Agenda
Public Hearing: Site Plan Approval
.896 Acre Tract
McDonald's Corporation (Agenda Item IV)
Mayor Pierson read the request into the record as follows:
"Public Hearing on a request for site plan approval on
.896 acres of land, located at the southwest corner of
U. S. 75 and F.M. 2170."
Mr. Dana Shirley, with the McDonald's Corporation, presented
to and spoke before the Council on the site plan for the
McDonald's Restaurant. The site plan showed the building location
on Lot 2, with parking lot, access from the service road, as well
as a 20' wide access from F.M. 2170. Mr. Shirley also presented
a landscaping plan for this facility.
Mayor Pierson advised that the Planning and Zoning Commission
had recommended approval of the site plan request as submitted.
Mayor Pierson opened the public hearing. No one appeared to
speak for or against this request. The public hearing was closed.
The City Council discussed with Mr. Shirley the location of
the playground facility and what type it would be, the location
of the restaurant in relation to the Texas Power & Light power
lines and the safety factors involved, the 20' access from
F.M. 2170, and when construction was to commence on this site.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman Offutt, the Council voted 7 - 0 to approve
the site plan as presented and in accordance with the
recommendation of the Planning and Zoning Commission.
Presentation of Plaques -of -Appreciation
to Outgoing Council Members Rex Womack
and Glenn Andrew (Agenda Item II)
Mayor Pierson presented plaques -of -appreciation to Glenn
Andrew for his service on the City Council from April, 1978 -
April, 1982 and to Rex Womack for his service on the City Council
from December, 1981 - April, 1982.
�5
There was a lengthy discussion among the Council on the
need for the speed bumps, establishing a policy for them, what
percentage of the residents along an alley should sign a petition
requesting them, who should be required to pay for them, what type
ALLEN CITY COUNCIL
May 6, 1982 Page 3
Approval of Preliminary and Final Plat
Molsen Addition - 24.341 Acres of Land (Agenda Item V)
City Manager Jon McCarty advised the Council that this
preliminary and final plat for the Molsen Addition contained
24.341 acres of land, of which the McDonald's Corporation has
purchased under two (2) acres. McDonald's Corporation is pro-
posing to plat their property into two (2) lots with the restaurant
to be built on Lot 2, being a .896 acre tract of land out of the
24.341 acres.
Mr. Dana Shirley, with McDonald's Corporation, presented
to and spoke before the Council on the preliminary and final
plat for the Molsen Addition, located at the southwest corner
of U. S. 75 and F.M. 2170 and fronting on the west side of the
west access to U. S. Highway 75.
Mr. Shirley explained that the plat contained all required
utility easements, drainage easements, building setback lines,
the T.P. & L. powerline easement, and a 40' easement for street
right-of-way on the west property line.
Mayor Pierson read the recommendation of the Planning and
Zoning Commission, which was approval of the preliminary and
final plat as submitted.
The Council discussed with Mr. Shirley the location on the
plat of the Texas Power & Light power substation; the break in
the 40' easement by the location of the power substation and if
the 40' easement would continue across that property; the location
of the restaurant under the power line and meeting all safety
requirements; and the water and sewer service to the McDonald's
s
site.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to approve
the preliminary and final plat for the Molsen Addition as
presented, and in accordance with the recommendation of
the Planning and Zoning Commission.
Appearance by Thomas Dingman on a
Request for Speed Bumps in Alley (Agenda Item VI)
Mr. Thomas Dingman spoke before the Council on his request
for the installation of speed bumps in the alley between Red
Oak Street and Bethany Road. Mr. Dingman advised of the con-
tinual speeding of cars through the alley, ignoring the 10 mile
per hour speed limit, and the near mishaps of children almost
getting hit by cars.
The Council advised Mr. Dingman that they have not approved
of speed bumps in the pastdue to various problems with them and
at the present time there is no established policy for the
installation of speed bumps in the City.
The Council discussed the pros and cons of speed bumps and
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establishing a policy for the consideration of installation of
speed bumps in certain areas.
Mr. Dingman had presented the Council with a petition requesting
the speed bumps, which had been signed by 11 residents along the
subject alley. He also advised that they had talked to the people
speeding in the alley but there was no lasting effect.
City Staff advised the Council of the policies in other
cities, such as Richardson and Plano. City Manager McCarty
advised the Council of the various types of speed bumps, the
costs, some of the problems incurred with the installation of
them, and the question of liability for them.
There was a lengthy discussion among the Council on the
need for the speed bumps, establishing a policy for them, what
percentage of the residents along an alley should sign a petition
requesting them, who should be required to pay for them, what type
ALLEN CITY COUNCIL
May 6, 1982
Page 4
Appearance by Thomas Dingman on a
Request for Speed Bumps in Alley (cont'd) (Agenda Item VI)
of speed bumps should be used, the location and number of speed
bumps needed for the subject alley, and using it as a trial
situation to determine how effective the speed bumps will be
to slow down the speeding traffic.
1' MOTION: Upon a motion made by Councilman Paxton and seconded
'Noe' by Councilman Daugherty, the Council voted 7 - 0 to
approve one (1) speed bump in the alley between Red
Oak Street and Bethany Road on a trial basis, with
the City of Allen bearing the costs in this installation.
The motion carried.
It was the consensus of the City Council that the residents
observe how effective the speed bump is at slowing down the
speeding traffic and report back to the Council at a future date.
Also, the City Staff will continue to delve into the costs,
information on liability, policies, and types of speed bumps
available.
Set Public Hearing Date on June 3, 1982
on a Request for Site Plan Approval by
Fox & Jacobs for TH-PD No. 7 (Tabled Item) (Agenda Item VII -A)
and
Set Public Hearing Date on June 3, 1982
on a Request for a Zoning Amendment on
9 Acres of Land from MF -1 to MF -2, as
Requested by Robert Burkart (Tabled Item) (Agenda Item VII -B)
These items were tabled at the City Council Meeting of
April 15, 1982.
Councilman Paxton advised
(2) more workshop sessions on
the City of Allen before these
the City Council.
that he would like to have two
the planning and development of
zoning items were considered by
The Council discussed Councilman Paxton's request, the time
necessity of hearing the two zoning requests, and appropriate
dates for holding other workshop sessions.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Offutt, the Council voted six (6) for
and one (1) opposed, with Mayor Pierson casting the
negative vote, to table these items until the next
regular City Council meeting of May 20, 1982. The
motion carried.
Mayor Pierson recessed the regular session of the Allen
City Council at 8:37 p.m. The meeting reconvened at 8:50 p.m.
Acceptance of Resignation of
Planning and Zoning Commission
Member Carol Henry from Place (Agenda Item VIII)
No. 6 on the Commission
Mayor Pierson read the resignation letter from CarolHenry,
Planning and Zoning Commission Member - Place No. 6,
to the
Council.
MOTION: Upon a motion made by Councilman
Daugherty tedand se0connded
by Councilman Rodenbaugh,
the to
accept with regret the resignation of Carol Henry from
Place No. 6 on the Planning and Zoning Commission. The
motion carried.
Resolution No. 390-5-82(R): A Resolution
of the City Council of the City of Allen,
Collin County, Texas, Accepting an Assign-
ment of Easements and All Improvements
Located Within Said Easements from Allen
Management Corporation Pursuant to and in
Accordance with a Facilities Agreement
Between the City of Allen and Allen Manage-
ment Corporation. (Agenda Item X)
City Manager McCarty providelcopies and advised of a
letter from the attorneys for the Allen Management Corporation
regarding the assignment of all easements, improvements, sewer
lines, pump stations and all other improvements constructed
pursuant to the subject facilities agreement between the City
of Allen and Allen Management Corporation.
Mr. McCarty presented the proposed resolution with the
assignment attached and advised that upon execution of the
assignment, the City would be accepting the easements and all
improvements located within the said easements in accordance
with the facilities agreement.
The Council discussed the inspections of the line, number
of lift stations and locations, and the maintenance bond on this
project.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to adopt
Resolution No. 390-5-82(R). The motion carried.
M
ALLEN CITY COUNCIL
May 6, 1982 Page 5
ordinance No. 389-5-82: An Ordinance
of the City Council of the City of
Allen, Collin County, Texas, Establishing
a Pro Rata Charge as a Prerequisite to
Utilizing the Capacity of a Specified
Sanitary Sewer Line; Providing a Sever-
ability, Providing a Penalty and Declaring
an Emergency. (Agenda Item IX)
f
Mayor Pierson advised that in March, 1980, the City had
entered into a facilities agreement with the Allen Management
Corporation to construct a sanitary sewer system serving
approximately 2500 acres of land on the west side of U. S.
Highway 75 in or adjacent to the City of Allen. Upon completion
of the system, the City would adopt an ordinance establishing
the fees and charges for tying onto the system.
City Manager McCarty advised the Council of the proposed
ordinance and the pro rata costs identified in the ordinance.
Those costs are for the "base area" which shall be $318.14 per
acre and for the "expansion area" shall be $464.53 per acre.
Mr. McCarty also provided the Council with copies and
advised that the costs for the construction and engineering
of the west side sewer system had been determined by Shimek,
Jacobs, and Finklea, Consulting Engineers, on this project.
The Council discussed how much area would be served by
this system and the capacity of it. They also reviewed the
prepared maps showing the west side sewer line location, the
areas designated as the "base area" and the areas designated
as the "expansion area".
MOTION: Upon a motion made by Councilman McClure and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
adopt pro rata Ordinance No. 389-5-82. The motion
carried.
Resolution No. 390-5-82(R): A Resolution
of the City Council of the City of Allen,
Collin County, Texas, Accepting an Assign-
ment of Easements and All Improvements
Located Within Said Easements from Allen
Management Corporation Pursuant to and in
Accordance with a Facilities Agreement
Between the City of Allen and Allen Manage-
ment Corporation. (Agenda Item X)
City Manager McCarty providelcopies and advised of a
letter from the attorneys for the Allen Management Corporation
regarding the assignment of all easements, improvements, sewer
lines, pump stations and all other improvements constructed
pursuant to the subject facilities agreement between the City
of Allen and Allen Management Corporation.
Mr. McCarty presented the proposed resolution with the
assignment attached and advised that upon execution of the
assignment, the City would be accepting the easements and all
improvements located within the said easements in accordance
with the facilities agreement.
The Council discussed the inspections of the line, number
of lift stations and locations, and the maintenance bond on this
project.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to adopt
Resolution No. 390-5-82(R). The motion carried.
M
ALLEN CITY COUNCIL
May 6, 1982
Page 6
Approval of Waterline Extension on
Exchange Parkway and Authorization
to Contract for Street Construction
on Exchange Parkway (Agenda Item X)
Ron Fix, City Engineer, presented engineering plans to the
Council on the proposed extension of the 12" waterline on
If Exchange Parkway from Fire Station No. 2 westward to tie onto
,M%/ an existing water main just east of Roaring Springs.
Mr. Fix advised the Council that from an engineering stand-
point and a cost standpoint, it would be preferable to extend
the waterline at this time before the street improvements are
done. This construction would "loop" the water system.
City Manager McCarty advised that the City Staff's recom-
mendation was to authorize the extension of the waterline using
Cullum Construction Company and adding this as a change work
order to the Bethany Road waterline contract that the City presently
has with the company. If this is not possible, then the City
would solicit bids for the construction of the waterline. Water
bond funds currently exist for payment of this construction.
City Manager McCarty then reviewed the proposed street
construction of Allen Heights and Exchange Parkway, using color -
coded maps showing the existing paving, paving to be done and
what portion the City would be responsible for funding. He
advised that the street improvements were being done by three
entities, those being the City of Allen, Fox & Jacobs and Del
Morton. Fox & Jacobs would be taking bids on this street project.
The street paving would include two lanes, 22' of paving on
Allen Heights from F.M. 2170 to Exchange Parkway and along
Exchange Parkway from Allen Heights to Highway 5.
Mr. McCarty stated that the City is now in the process of
obtaining right-of-way from the adjoining property ewers along
Exchange Parkway for the street improvements and advised that
City Staff's recommendation was to authorize a contract between
the City and Fox & Jacobs concerning the construction of the
City's portion of Exchange Parkway, with the City Council's
approval of the low bidder prior to authorizing construction
on this project.
The Council discussed with the City Staff plans for the
street improvements for Exchange Parkway, obtaining the necessary
right-of-way, costs of both projects, fund availability for both
projects, portion of Exchange Parkway that the City will be
responsible for funding, and location of the waterline to be
extended.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Mayor Pro Tem Farmer, the Council voted 7 - 0 to
authorize the extension of the waterline on Exchange
Parkway and the contract for street improvements per
the City Staff's recommendations referenced above.
The motion carried.
f Approval of Plans and Authorization to
Receive Bids on the Water Sprinkler
System for the Soccer Fields (Agenda Item XI)
Ron Fix, City Engineer, and John Uland, Director of Parks
and Recreation, presented to and spoke before the Council on the
plans and specifications for a water sprinkler system for the
nine (9) new soccer fields which are located on the 33 acres of
land owned by the City, being south of McDermott and east of
U. S. Highway 75.
They advised that the plans and specifications were for
manual or automatic water systems. The sprinkler system would
be funded from park dedication funds.
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ALLEN CITY COUNCIL
May 6, 1982
Page 7
Approval of Plans and Authorization
to Receive Bids on the Water Sprinkler
System for the Soccer Fields (cont'd) (Agenda Item XI)
The Council discussed the plans and specifications for
the water sprinkler system. During the discussion, it was
the consensus of the City Council that as an alternate to this
f, bid, a line be added to run up to the back of the City Service
Center/City Hall Annex.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman McClure, the Council voted 7 - 0 to
approve the plans and specifications and authorize the
receipt of bids on the water sprinkler system for the
soccer fields as presented. The motion carried.
Award of a Contract for the
Reroofing of the Police Department
Building - 101 S. Butler (Agenda Item XII)
Police Chief Richard Carroll presented the bid tabulations
on bids recently received for reroofing the Police Department
Building located at 101 S. Butler.
Chief Carroll advised that after reviewing the bid tabu-
lations and checking on references for the bidders, the City
Staff's recommendation is to award the bid to the lowest bidder,
being Advanced Roofing in the amount of $2,725.00. He further
advised that the total maximum amount that could be expected
for this contract could be $2,275 for the reroofing, $2,016 for
roof decking (if it needs to be replaced), and $350 in contin-
gencies.
s
The Council briefly discussed the bid tabulations.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
award the contract to the lowest bidder, being Advanced
Roofing in the amount of $2,275 or for the maximum
amount if the decking has to be replaced, per the
City Staff's recommendations. The motion carried.
Resolution No. 391-5-82(R): A Resolution
of the City Council of the City of Allen,
Collin County, Texas, Endorsing and Sup-
porting a Proposal of the North Texas
Municipal Water District to Locate a
Wastewater Treatment Facility at a Location
Known Locally as the Wilson Creek Site in
Collin County, Texas. (Agenda Item XIII)
Mayor Pierson advised the Council of the original resolution
which had been adopted by the City Council supporting the actions
of the Citizens Advisory Committee. He then updated the Council
on the status of the hearings before the Texas Water Resources
Commission by the North Texas Municipal Water District for the
discharge permit for the Wilson Creek Wastewater Treatment Plant
i to be located in the extraterritorial jurisdiction of the City
of Lucas.
Rex Womack, member of the Citizens Advisory Committee from
the City of Allen, spoke before the Council on the purpose of
this committee, their findings, their recommendations and their
actions in regard to the Wilson Creek Wastewater Treatment Plant.
The Council discussed with Mr. Womack various aspects of
the proposed location for this plant and also the use of the
remaining land on the site for use as a solid waste disposal site.
ALLEN CITY COUNCIL
May 6, 1982 Page 8
Resolution No. 391-5-82(R) (cont'd) (Agenda Item XIII)
Mayor Pierson read into the record a letter from Mr. Pete
Ford, who was also a member of the Citizens Advisory Committee
for a time. In his letter, Mr. Ford recommended in favor of
supporting the proposed site at Wilson Creek.
E The Council continued their discussion on the proposed
,M%/ resolution showing support for the Wilson Creek site, and
discussed further the costs for this project, other sites
that might be more appropriate, the work of the Citizens
Advisory Committee, and the effect on the surrounding com-
munity.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted five (5) for
and two (2) opposed, with Council Members Paxton and
Daugherty casting the negative votes, to adopt
Resolution No. 391-5-82(R). The motion carried.
Tax Report - April 30, 1982
(Agenda Item XIV -A)
Bob Curtis, Appraiser in the Tax Department, presented to
the City Council the Schedule of Taxes Receivable as of April 30,
1982.
The City Council reviewed the schedule with Mr. Curtis and
discussed the interest on delinquent taxes.
There was no action taken on this item.
Review of Arcade Ordinance (Agenda Item XIV -B)
Bill Petty, Building Official, spoke before the Council
on the proposed "arcade" ordinance,scheduled for public hearing
at the next regular City Council meeting,which would designate
appropriate use and zoning districts for such use. He also
advised that the ordinance for the permitting, licensing, and
regulating of the coin-operated machines was prepared to be
put in final form and would also be before the City Council
at the next regular City Council meeting, that being May 20, 1982.
There was no action taken on this time.
Appointment of Voting Representative
to the North Central Texas Council
of Governments (Agenda Item XIV -C)
City Manager McCarty advised that Mayor Pierson has been
the voting representative to the North Central Texas Council
of Governments (NCTCOG) in the past and it is time to appoint
or reappoint an individual from the Council as the voting
representative.
It was the consensus of the City Council to reappoint the
Mayor as the voting representation to NCTCOG.
Dedication Ceremonies for
Fire Station No. 2
(Agenda Item XIV -D)
Fire Chief Ron Gentry advised the City Council that Thursday,
June 3, 1982, prior to the Council meeting, had been designated
for the dedication ceremonies and open house of the new Fire
Station No. 2, located at 1100 Exchange Parkway. The proposed
hours would be 6:00 p.m. - 7:00 p.m.
The Council briefly discussed the proposed date and time
and by consensus agreed that date would be appropriate.
Fire Chief Gentry further stated that invitations would be
sent out, refreshments would be served and that one of the
older Volunteer Firemen would be asked to speak, as well as the
Mayor.
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ALLEN CITY COUNCIL
May 6, 1982
Page 9
Dedication Ceremonies for
Fire Station No. 2 (cont'd) (Agenda Item XIV -D)
There was no action taken on this item.
General Discussion
�,. Mayor Pierson advised the Council of the upcoming Institute
for Mayors and Council Members to be held in Austin on June 5 - 7,
1982 and requested for those wishing to attend to notify the City
Staff that they will be going in order to make reservations.
Mayor Pierson advised the Council of the status of the
pending litigation with the City of Fairview over the boundary
dispute. At this time, the cities are trying to negotiate a
compromise and the Mayor has been asked to appoint a committee
from the Allen City Council to draft a counter proposal for con-
sideration by the entire Council for settlement of the boundary
dispute with Fairview. Mayor Pierson appointed Council Members
Paxton, McClure, Rodenbaugh and Mayor Pro Tem Farmer as the
Council committee.
Adjournment
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 10:31 p.m. The motion carried.
These minutes approved on the 20th day of May
1982.
r
Terson, MAYOR
Marty Hendrix, WTY SECRETARY
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