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HomeMy WebLinkAboutMin - City Council - 1983 - 01/20 - RegularALLEN CITY COUNCIL REGULAR SESSION January 20, 1983 Present• Mickey Pierson, Mayor Council Members• Joe Farmer, Mayor Pro Tem (arrived at 7:40 p.m.) Jim McClure H. R. Daugherty Don Rodenbaugh Ward Paxton Dennis Offutt City Staff: Jon McCarty, City Manager Shirley Haning, Acting for the City Secretary The regular session of the Allen City Council was called to order by Mayor Pierson at 7:30 p.m., on Thursday, January 20, 1983, at Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) At the request of City Manager McCarty, item "B." was removed from the Consent Agenda for individual consideration. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted 6 - 0 (with Mayor Pro Tem Farmer being absent) to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approval of December 7, 1982 Minutes - Called - Special Workshop Session - City Council/Planning & Zoning Commission B. Approval of January 13, 1983 Minutes - Called - Special Emergency Meeting D. Resolution No. 426-1-83(R): A Resolution of the City of Allen, Collin County, Texas, Ordering an Election to be Held on April 2, 1983, for the Purpose of Electing Three (3) Members of Council (Places No. 1, 3, and 5) to the City Council to Hold Office for a Period of Two Years; Designating Location of Polling Place; Designating Officers for Such Election; and Ordering Notices of Election to be Given as Prescribed By Law in Connection With Such Election. E. Authorization to City Staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Texas Power & Light Company $ 1,052.20 Contract for Construction of Exchange Parkway - Providing Electrical Service to Three Customers 2. Texas Contractor $ 207.90 Contract No. 821004 - Construction to Park Place Bid Advertising ALLEN CITY COUNCIL January 20, 1983 Page 2 CONSENT AGENDA (continued) (Agenda Item II) 3. Ethridge Lehew & Associates $ 300.00 Contract No. 821004 - Construction of Park Place - Preparation of Field Notes for Park Place 4. Waller -Spears, Inc. $42,201.00 Contract No. FS 8023 - Con- struction of the Service Center/ City Hall Annex Payment No. 8 5. Hooper Engineering Laboratories, Inc. $ 257.00 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex Construction Materials Testing 6. Ronald E. Fix & Associates: a. Contract No. 821004 - Con- $ 4,4643.93 struction of Park Place Drive Engineering and Preparation of Plans and Specifications for Park Place East b. water & Sewer Utilities for $ 1,200.00 West Side Development - Preparation of Preliminary Report F. Set Public Hearing Date of February 17, 1983 on a zoning amendment on property presently zoned Town- house (TH) and Community Facilities (CF) to be changed to Multi -Family -1 (MF -1) to coincide with the realignment of Park Place Drive at Jupiter Road. The motion carried. End of Consent Agenda Approval of Minutes of (Consent Agenda January 6, 1983 - Regular Session Item II -B) City Manager Jon McCarty referenced page 1 of the January 6, 1983 City Council Minutes,Consent Agenda Item "B2", and advised that he would like to add wording to clarify the expenditure of the $4,234.00. The wording to state that, "$2,929.00 was payment to Texas Power and Light Company and $1,305.00 was payment to Waller -Spears, Inc." MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Rodenbaugh, the Council voted 6 - 0 (with Mayor Pro Tem Farmer being absent) to approve the minutes of the January 6, 1983 Regular Session with the additional wording as requested by the City Manager. The motion carried. Approval of the Preliminary & Final Plat - Pebblebrook Village Shopping Center (Agenda Item III) Bill Petty, Director of Community Development, spoke before the Council regarding the preliminary and final plat for Pebble - brook Village Shopping Center, being a 2 acre tract of land out of the Peter Wetzel Survey, Abstract No. 990, located at the southeast corner of Pebblebrook and State Highway 5, and zoned Planned Develop- ment - Shopping Center No. 6. Mr. Petty advised that this plat met all of the city's code and platting requirements. ALLEN CITY COUNCIL January 20, 1983 Page 3 Preliminary & Final Plat - Pebblebrook Village Shopping Center (cont'd) (Agenda Item III) Bill Minyard, with M & M Realty Company, presented the pre- liminary and final plat for the Pebblebrook Village Shopping Center. The plat showed a location map of the property, the exterior boundaries of the property, fire lane easements, utility easements and access easements. The Planning and Zoning Commission, at their meeting of January 13, 1983, recommended approval of this preliminary and final plat as submitted. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure, the Council voted 6 - 0 (with Mayor Pro Tem Farmer being absent) to approve the preliminary and final plat for the Pebblebrook Village Shopping Center as submitted, and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Approval of the Preliminary and Final Plat - Greenwood Valley Installment I (Agenda Item IV) Bill Petty, Director of Community Development, spoke before the Council in regard to the preliminary and final plat for Greenwood Valley Installment I submitted by E-Systems, which is a 97.879 acre tract of land out of the J. A. Taylor Survey, Abstract No. 908, located at the intersection of Allen Heights Drive and F.M. 2170, and zoned Planned Development No. 2. Mr. Petty explained that the plat is to subdivide the com- mercial tract of land into two (2) blocks (Block A and Block B) and to dedicate the 100' right-of-way for the realignment of Allen Heights Drive on the south side of F.M. 2170. Mr. Petty advised that the Planning and Zoning Commission, at their meeting of January 13, 1983, recommended approval of this plat, with the stipulation that the wording appearing on the plat in Blocks A and B "to be divided as needed, minimum width 50 feet" be deleted. Mr. Petty added the plat had been revised by E-Systems to delete that wording and that the plat meets all of the city's code and platting requirements. Mr. Charles Crouch, engineer and representing E-Systems, presented the preliminary and final plat for Greenwood Valley Installment I. The plat showed the exterior boundaries of Blocks A and B, utility easements and street right-of-way ease- ments, and a location map of the property. The Council briefly discussed the alignment of old Allen Heights Drive with the proposed new realignment. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the preliminary and final plat for Greenwood Valley Installment I in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Consider Action Related to Lone Star Gas Rate Increase Request (Agenda Item V) Mayor Pierson advised that since the City Council had taken action on December 16, 1982 to deny Lone Star Gas Company's request for a rate increase, Lone Star Gas Company has filed and appeal with the Railroad Commission. ALLEN CITY COUNCIL January 20, 1983 Page 4 Consider Action Related to Lone Star Gas Rate Increase Request (cont'd) (Agenda Item V) City Manager Jon McCarty advised the Council of the appeal process and the steps to be taken when an appeal is filed with the Railroad Commission. City Manager McCarty also explained the various options open to the city in preparation for a defense before the Railroad Com- mission, such as the hiring of a team of experts to provide pre- trial testimony and the costs for their services. The Council discussed the specific timeframe for the pre- trial hearing, submission of testimony, if the City Attorney had provided any input on this matter and how it should be handled, what direction the city should take and how the city staff should proceed. Based on the discussion, the Council directed the City Manager to seek advice from the City Attorney on this hearing and how it should be handled. If it is so determined that an expert in this field is required, the city staff should seek out qualified individ- ual(s) and get estimated costs for services. Also, the City Manager is to contact Mr. Bill McMorries, consultant in the rate increase request, and seek his opinion on the results of this hearing and his advice on the direction the city should take. This item was received as a matter of information. There was no action taken on this item. Review of Solid Waste and Disposal Contract with Southern Sanitation (Agenda Item VI) City Manager Jon McCarty reviewed with the Council various aspects of the existing contract and franchise with Southern Sanitation for the solid waste collection in the City of Allen, which was entered into in July of 1978 and will expire in July of 1983. Mr. McCarty advised of some of the areas that are important issues in the preparation of a new contract for solid waste col- lection and requested input from the Council regarding such. The Council discussed the number of companies that are avail- able today who might be interested in a contract for solid waste collection in the City of Allen, the amount of equipment and per- sonnel needed to conduct this function, the need for the city to contract for a landfill site, the amount of revenues received as compared to the expenditures, contacting references for information on solid waste collection companies, and perhaps changes in the way the garbage is collected. Based on the discussion, the Council directed the city staff to see what other companies might be available for solid waste collection services in this area, contacting references to check on services, providing data on costs of several pieces of equipment and personnel to man equipment, providing figures on revenues received for solid waste collection, and any other data which might be pertinent. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL January 20, 1983 Page 5 Ordinance No. 427-1-83: An Ordinance of the City of Allen, Collin County, Texas, Creating a New Administrative Department to be Known as the Depart- ment of Community Development Consistent with Sections 3.05 and 3.06 of the City Charter; Creating a Position to be Known as Director of the Department of Community Development; Combining Certain Ongoing Functions of the City Within the Department of Community Development; and Providing for an Effective Date (Agenda Item VII -A) City Manager Jon McCarty advised of the proposed ordinance which provides for a reorganization of combining the Street Services Department, the planning and zoning function, and the Code Enforcement Department into one department to be known as the Department of Community Development, with the creation of a director for this department. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Daugherty, the Council voted 7 - 0 to adopt Ordinance No. 427-1-83, as captioned above. The motion carried. Appointment of Director of Community Development (Agenda Item VII -B) Mayor Pierson advised the Council that with the creation of the new Department of Community Development, the City Manager had selected Bill Petty to the position of Director of Community Development. Bill Petty spoke before the Council on this new reorganization and his position as director. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 7 - 0 to confirm the appointment of Bill Petty as the Director of Com- munity Development in accordance with the recommendation of the City Manager. The motion carried. City Manager Jon McCarty then provided the Council with an organizational chart which showed the alignment of the various departments prior to the reorganization and with the new reorgan- ization, showing the addition of one new personnel,that being a Planning Coordinator. Mr. McCarty explained this new reorganization alignment to the Council and the establishing of the additional personnel. Mayor Pierson recessed the regular session of the Allen City Council at 8:50 P.M. The meeting reconvened at 9:00 p.m. Police Report - Annual Report 1982 (Agenda Item VIII -A) Police Chief Richard Carroll presented to and spoke before the Council on the 1982 Annual Consolidated Summary of Activities for the Allen Police Department, as well as providing a comparison with the 1981 Annual Report. Chief Carroll advised of several new programs within the Police Department, those being the "Neighborhood Watch Program" and a Muppett Program to promote prevention of drug and alcohol abuse. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL January 20, 1983 Page 6 West Side Annexations (Agenda Item VIII -B) City Manager Jon McCarty presented a map showing the properties on the west side of U. S. 75 on which the city has received requests for annexations. Mr. McCarty advised the Council of the property owners and where their properties are located. The Council discussed the annexation of the corner piece of property located adjacent to the intersection of State Highway 121 and U. S. 75, which is not included in these requested annexations. Mr. McCarty also provided the Council with copies of newspaper articles from the "McKinney Courier Gazette" and "The Dallas Morning News" regarding the action of the McKinney City Council on their proposed annexation of property located within the City of Allen's extraterritorial jurisdiction. Mr. McCarty advised the Council of another meeting that had been held with the developers of the proposed outlet shopping mall to be located near the intersection of State Highway 121 and U. S. 75 regarding the plans for development of the site, with those plans still being in the preliminary stages. The Council briefly discussed these annexation requests and expressed their appreciation to the Mayor and McKinney City Council for their action in regard to the boundary agreement between the City of McKinney and the City of Allen and the elimination of their annexation of the tract of land south of State Highway 121 and west of U. S. 75. It was recommended by Mayor Pro Tem Farmer that a letter be written to the Mayor and McKinney City Council expressing this appreciation. Councilman McClure requested that the record show appreciation also to Mayor Pierson, Councilman Rodenbaugh and City Manager McCarty for their work in reaching the agreement with the City of McKinney in a prompt and agreeable manner. City Manager McCarty requested that the City Council allow the city staff to set the public hearing dates for the planning, zoning, and platting process for the proposed outlet shopping mall project. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted 7 - 0 to authorize the city staff to set the public hearing dates for the planning, zoning and platting process for the proposed Belz Enterprises outlet shopping mall project. The motion carried. Adjournment into Executive Session MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council into Executive Session at 9:30 P.M. The motion carried. Executive Session (to,' In accordance with Article 6252-17 (Open Meetings Law), V. A. T. C. S., Section 2(e), the Allen City Council convened into Executive Session at 9:35 p.m. to discuss matters pertaining to real estate negotiations. The Executive Session was adjourned at 10:45 p.m. ALLEN CITY COUNCIL January 20, 1983 Page 7 Acquisition of Property for Ford Park Site (Agenda Item IX) MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Daugherty, the Council voted 7 - 0 to authorize the City Manager to complete the negotiations and acquire, by purchase, two tracts of land to be known as Ford Park. The motion carried. Adjournment MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:55 p.m. The motion carried. 1983. These minutes approved on the 3rd day of February M. B. Pierson, MAYOR Marty Hendrix, ITY SECRETARY ' A