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HomeMy WebLinkAboutMin - City Council - 1983 - 05/19 - RegularA A ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1983 Present• Mickey Pierson, Mayor Council Members• Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Don Rodenbaugh Ward Paxton (arrived at 7:34 p.m.) 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 7:30 p.m. on Thursday, May 19, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle. Oath -of -Office to Newly Appointed Alternate No. 2 to Zoning Board of Adjustment (Agenda Item II) City Secretary Marty Hendrix administered the oath -of -office to George Chrisman, the newly appointed Alternate No. 2 on the Zoning Board of Adjustment. CONSENT AGENDA (Agenda Item III) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of April 28, 1983 City Council Minutes - Called - Special Workshop Session with the North Texas Municipal Water District. B. Approval of May S, 1983 City Council Minutes - Called - Special Emergency Session. C. Approval of May 5, 1983 City Council Minutes - Regular Session. D. Authorization to City Staff to pay bills associated with the Capital Improvements Program for 1979 - 1982 as follows: 1. Omega Construction Company $ 17,032.50 Contract No. FS 8024 - Con- struction of Fire Station No. 2 Payment No. 8 2. "The Allen American" $ 86.40 Contract No. 820503C - Jupiter Road Bridge Utilities Relocation Notice to Bidders Advertising ALLEN CITY COUNCIL May 19, 1983 Page 2 CONSENT AGENDA (cont'd) (Agenda Item III) 3. McFarland Electrical Contractors $ 1,076.98 Hillside & Jupiter Road Base- ball Fields Improvements Work done on field lights 4. Marriott Brothers, Inc. $ 3,201.00 Contract No. 810206B - Con- struction of Sprinkler System for Municipal Complex Soccer Fields - Payment No. 5 - Final 5. Safety Markings $ 246.75 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex -- Installation of 21 6' curb stops for parking lot. 6. Silverthorne Corporation $ 3,510.00 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex - 9 Chairs for Council Chambers DA A 7. Fisher & Spillman Architects, Inc. $ 1,170.47 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex - Architectural Services on project thru completion of construction. E. Set Public Hearing Date for June 16, 1983 for Zoning Change and Site Plan Approval on 10 Acres of land located 1' miles north of F.M. 2170 and west of State Highway 5 as requested by the Saint Jude Catholic Mission. The motion carried. End of Consent Agenda Replat of .749 Acre Tract owned by Dr. E. T. Boon (Agenda Item IV) Bill Petty, Director of Community Development, presented to and spoke before the Council on the replat of a .749 acre tract of land, owned by Dr. E. T. Boon. The tract was all of Lots 1, 2, 3, 4, and 5, of Block 28 of the revised map of Allen, and located on North Allen Drive, south of Coats Drive, north of Boyd Drive, and east of the U. S. Post Office. Mr. Petty reviewed the replat with the Council and advised that Dr. Boon is requesting replatting of the property into one buildable lot for the purpose of constructing a dental office and clinic. The Planning and Zoning Commission, at their meeting of May 12, 1983, had recommended that this replat be approved as submitted. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the replat of the .749 acre tract as submitted and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. ALLEN CITY COUNCIL May 19, 1983 Page 3 Ordinance No. 438-5-83: An Ordinance of the City of Allen, Collin County Texas, to Protect the Public Health, Safety, and Welfare of the Citizens of Allen by Repealing City Ordinance No. 38; by Declaring it Unlawful to Allow Weeds and Grass to Grow to a Height in Excess of 12" Within the City; by Declaring it Unlawful to Per- mit the Accumulation of Objectionable, Unsanitary or Unsightly Material on any Real Property; Providing for Cer- tain Agricultural Exemptions from Height Restrictions; Providing for the Abate- ment of Violations of this Ordinance; Providing for a Penalty for Violation of this Ordinance; Providing for an Effective Date; and Providing for Pub- lication of the Caption Hereof. (Agenda Item V) Mayor Pierson advised that the proposed ordinance had been reviewed and redone taking into consideration the previous dis- cussions by the City Council. Municipal Court Judge, Spencer Kopf, spoke before the Council on the proposed ordinance and the need for the ordinance in the city for not only controlling of high grass and weeds, but to control the accumulation of objectionable, unsanitary materials that are fire hazards. Mr. Kopf presented to the Council photographs showing a residence in his neighborhood that had a large amount of wood stacked in piles, several large piles of dirt, and other un- sightly matter with overgrown weeds and grass. Bob Acker, Fire Marshal, spoke before the Council on the proposed ordinance and answered questions posed by the Council on the ordinance. The Council discussed the high fees that the City will charge if they have to do the mowing of properties and that the fee sche- dule will be an amendment to this ordinance, the portion of the ordinance pertaining to the exemption of large agricultural tracts, the separation of the enforcement of the grass and weeds portion of the ordinance from the enforcement of the unsightly and un- sanitary materials portion of the ordinance, how the enforcement will be handled, and the city maintaining their property. City Secretary Marty Hendrix read the ordinance caption into the record as shown previously. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Ordinance No. 438-5-83 as presented. The motion carried. Consideration of a Request from Media Systems, Inc., the Franchi- see of the Cable System for the City of Allen, Requesting an As- signment of the Cable Services to Communications Services, Inc. (Agenda Item VI) City Manager Jon McCarty advised the Council that the repre- sentative from Media Systems, Inc., was not present at the meeting to speak before the Council on this request. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to table this item. The motion carried. //C ALLEN CITY COUNCIL May 19, 1983 Page 4 Chief Carroll and the Crime Prevention Officer, Ed Stevens, discussed with the City Council the Neighborhood Watch Program, how it is organized, the cost participation of the residents in the neighborhoods, and the costs for the signs and installation. The Council discussed the city perhaps paying for the signs rather than the residents, the placement of the signs in the neighborhoods, the amount of time it takes to order and receive the signs, the area of the neighborhoods to be included in the crime watch program, and how many total neighborhood areas will be included in this program for the city. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to approve the sign proposed by city staff. The motion carried. Ordinance No. 439-5-83: An Ordinance of the City of A len, Collin County, Texas, Amending Section 5, Paragraph A(1), of Ordinance No. 306 of the City of Allen, Texas; and Providing for an Effective Date. (Agenda Item VII) Mayor Pierson advised the Council of the need to change the Parks & Recreation Board meeting night due to the conflict arising from the fact that the new facilities will be used for the scheduling of all of the city's boards and commissions' meetings, and the Parks & Recreation Board and the Planning and Zoning Commission meet on the same night. City Manager McCarty advised that since the Parks & Recreation Board's meeting night is set by ordinance, the proposed ordinance will amend the existing ordinance to read: "(1) Regular Meetings: The Parks and Recreation Board shall establish the regular meetings of the Board which shall be held in a public place with public notice as pre- scribed by law." The Parks & Recreation Board, at their meeting of April 28, 1983, recommended that their regular meetings shall take place on the second Monday of each month. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Paxton, the Council voted 7 - 0 to adopt Ordinance No. 439-5-83 as presented. The motion carried. Selection of Sign Design for Neighborhood Watch Program (Agenda Item VIII) Police Chief Richard Carroll presented to the Council the handout brochure on the Neighborhood Watch Program, and advised that in connection with this program a sign design will be pro- posed for their consideration and approval. Chief Carroll presented three designs of Neighborhood Watch Program signs, those used by the City of Plano, the City of Richardson, and a sign from the State Farm Fire & Casualty Insurance Company. Chief Carroll advised of the costs of the signs and that installation will be done with the assistance of the city's Street Department. Chief Carroll recommended that the proposed sign design for the City of Allen consist of the "eye" symbol with the burglar in the window design on the interior of the eye in a two-color format. Thus, this design is a combination of the three designs presented and would be unique to the City of Allen. Chief Carroll and the Crime Prevention Officer, Ed Stevens, discussed with the City Council the Neighborhood Watch Program, how it is organized, the cost participation of the residents in the neighborhoods, and the costs for the signs and installation. The Council discussed the city perhaps paying for the signs rather than the residents, the placement of the signs in the neighborhoods, the amount of time it takes to order and receive the signs, the area of the neighborhoods to be included in the crime watch program, and how many total neighborhood areas will be included in this program for the city. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to approve the sign proposed by city staff. The motion carried. ALLEN CITY COUNCIL May 19, 1983 Page 5 Resolution No. 440-5-83(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Amending Resolution No. 436-4-83(R) to Correct an Error in a Refund Issued for Overpayment of 1982 Taxes. (Agenda Item IX) Mayor Pierson advised the Council of the proposed resolution making a correction in a refund issued for overpayment of 1982 taxes. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adopt Resolution No. 440-5-83(R) as presented. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 8:49 p.m. The meeting reconvened at 9:03 p.m. At this time, Mayor Pierson moved an item up on the agenda. Approval of Easement and Authorization to Amend the Pro Rata Contract on the West Side Sewer System (Agenda Item XI) Mayor Pierson advised the Council of his meetings with Bill Campbell, with Allen Management Corporation, regarding the easement for the construction of water and sewer lines for the west side utilities that will service the Manufacturers' Outlet Mall Site and the amendment to the pro rata contract dated v March 10, 1980 with Allen Management Corporation. Mr. Campbell was present and provided to the Council a copy of the proposed amendment to the pro rata contract with Allen Management Corporation. Mayor Pierson explained to the Council the contents of the proposed amendment to the contract with Allen Management Corporation. The contents stating that the city shall be permitted to use up to (but not in excess of) 48 of the capacity of the sewer main and related facilities (as presently installed and situated on the west side of U. S. 75) to provide sanitary sewer service up to (but not in excess of) 75 acres of land which includes the proposed outlet mall and four existing residential structures, and that any property which is situated west of a certain line shall not be permitted to utilize the sewer main and related facilities without the Allen Management Corporation's prior written consent. Mayor Pierson also advised that the amendment contained a section that stated after the Cottonwood Creek Sewer System is extended so that it can serve the area west of U. S. 75, the city will promptly cause all flow of sewage into the sewer main and related facilities from any and all land situated within the 75 serviced acres to cease; and that all pro -rata charges received by the city from the owners of the 75 serviced acres shall be placed in a special fund established by the city to finance the city's construction of the extension of the Cotton- wood Creek Sewer System. There was considerable discussion between the City Council and Mr. Campbell regarding various aspects of the proposed amendment to the pro rata contract and the city's position in this matter and Allen Management's position in this matter. il-a ALLEN CITY COUNCIL May 19, 1983 Page 6 H. B. 355 - Pay of Election Officials Approval of Easement and Authorization to Amend the Pro Rata Contract on the West Side Sewer System (cont'd) (Agenda Item XI) MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the easement and the amendment to the pro rata contract on the West Side Sewer System and to authorize execution of these documents, subject to review of these documents by the Mayor and the city staff on the contents per the discussions held. The motion carried. Mayor Pierson returned to the next regular item on the City Council's agenda. Legislative Report (Agenda Item X) City Manager Jon McCarty advised the Council that this item would be a continuation of the city staff's reporting on pending legislation that could have an impact on the City of Allen. Walter Curtis, Tax Collector, spoke before the Council on the following legislative bills, advising of the status of the bill and the impact it could have on the Tax Department: H. B. 813 - Replacement of the Tax Appraisal District with the County and the County Commissioners Court H. B. 1551 - Exempting Bank Stock H. B. 1624 - Limiting Agricultural Exemptions H. B. 1997 - Tax Roll Back Elections The Council discussed various aspects of these bills with Mr. Curtis. Bill Petty, Director of Community Development, spoke before the Council on the following bills, advising of the status of the bill and the impact it could have on the Community Development Department: H. B. 632/S. B. 287 - Pothole Bill H. B. 296 - Electrical Examining & Licensing Act H. B. 1563 - Composition of City Planning Commission H. B. 843/S. B. 364 - Prohibiting City Limitations on Mobile Homes The Council discussed various aspects of these bills with Mr. Petty. Marty Hendrix, City Secretary, spoke before the Council on the following bills, advising of the status of the bill and the impact it could have on the City Council: S. B. 995 - Open Meeting Law & Open Record Act Amendments S. B. 1044/H. B. 1749 - Conflicts of Interest: City Officials H. B. 1697 - City Services to Newly Annexed Areas H. B. 168 - Bingo: Council -Initiated Bingo Elections H. B. 355 - Pay of Election Officials ALLEN CITY COUNCIL May 19, 1983 Page 7 Legislative Report (continued) (Agenda Item X) H. B. 555 - Repeal of On-site Annexation Public Hearings H. B. 4 - Limit Number of Elections Per Year The Council discussed various aspects of these bills with Mrs. Hendrix. City Manager Jon McCarty spoke before the Council on several aspects of Governor white's tax plan and several bills pertaining to utilities rate increases and requests for such. The City Council discussed how the city would communicate their feelings on the bills presented and discussed. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to authorize the City Manager to communicate their position to the Legislative Delegation and to authorize the City Manager to provide input in behalf of the city, when necessary, in response to bills or amendments to bills that the Council has not yet taken an official position on. The motion carried. Appointments to the Planning & Zoning Commission (Agenda Item XII -A) City Secretary Marty Hendrix advised the City Council that appointments to Places No. 2, 4, and 6 on the Planning and Zoning Commission would be forthcoming in the month of June. In accordance with the appointment procedure, the openings will be advertised and data sheets received from interested residents and the Council will have an opportunity to make nominations at the June 2nd Council Meeting, with final appointments to be made at the June 16th meeting. The Council discussed the upcoming appointments and the making of nominations to those positions and scheduled an informal reception for Thursday, June 2nd, at 6:00 p.m., at the Allen Municipal Annex in order to meet residents interested in serving on a city board or commission and to visit with members of the boards and commissions. The Council also discussed the consideration of members of other city boards being interested in serving on the Planning and Zoning Commission. This item was received as a matter of information. There was no action taken on this item. Police Report - April, 1983 (Agenda Item XII -B) Police Chief Richard Carroll presented to and spoke before the Council on the Consolidated Summary of Activities for the Allen Police Department for the period ending April, 1983. The Council briefly reviewed the report. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL May 19, 1983 Imm Allen Industrial Development Corporation (Agenda Item XII -C) City Manager Jon McCarty advised the Council that EPCOR has requested that the Allen Industrial Development Corporation issue a bond resolution in order for EPCOR to obtain industrial revenue bonds. Mr. McCarty advised that the Allen Industrial Development Corporation will be holding their meeting in the Council Chambers on Thursday, June 2, 1983, before the regular Council Meeting to consider this request and this item will be on the City Council's agenda that evening also. This item was received as a matter of information. There was no action taken on this item. General Discussion: City Manager McCarty advised the Council of a situation existing in the city regarding the removal of the Anderson Grain and Storage Buildings and the pending litigation of such between the lessee and lessor. Mr. McCarty advised that the city will become involved in this situation since these buildings were a nonconforming use and once they have been removed they cannot be placed back on the property. This particular situation will have to be reviewed by city staff and legal counsel to determine appropriate action by the city and could be forthcoming in the near future. Councilman Paxton advised the Council of a telephone call from a resident in the Hillside Subdivision complaining about baseballs hitting their home. The Council discussed the effectiveness of the improvements that have been made at the Hillside Baseball Fields and the city staff regulating the games to see how effective the improvements are for keeping balls away from the adjacent residences, and if a curfew time was established for when the field lights were to be turned off for these fields. Councilman Womack brought up for discussion the consideration of the City Council not voting on a public hearing item the night the public hearing is held. The Council discussed various aspects of this suggestion and perhaps setting up guidelines for the holding of public hearings. Adjournment MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 11:92 p.m. The motion carried. These minutes approved on the 2nd day of June 1983. 1. B. Pierson, MAYOR �K� Marty Hendrix CITY SECRETARY