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HomeMy WebLinkAboutMin - City Council - 1983 - 06/02 - RegularALLEN CITY COUNCIL Regular Session June 2, 1983 Present: City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Pro Tem Farmer at 7:30 p.m. on Thursday, June 2, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle. CONSENT AGENDA (Agenda Item II) At the request of Mayor Pro Tem Farmer, items "C" and "D" v were removed from the Consent Agenda for individual consideration. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 6 - 0 to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approval of May 19, 1983 City Council Minutes - Regular Meeting. B. Authorization to City Staff to pay bills associated with the Capital Improvements Program for 1979 - 1982 as follows: 1. Cummings Surveying Enterprises: a. Contract No. 820503C - Jupiter $ 570.00 Road Bridge Utilities - Layout Easement for Jupiter Road Widening b. Contract No. 820503C - Jupiter Road Bridge Utilities - $ 585.00 Boundary Survey of 5.1417 acres of land 2. Ronald E. Fix & Associates: a. Contract No. 821004 - Con- $ 3,933.95 struction of Park Place Drive Engineering Fee for May b. Contract No. 820503C - Jupiter $ 959.02 Road Bridge Utilities - Engineering Fee for May and Construction Staking 3. L. E. Delekta, Inc. $15,987.06 Contract No. 820503C - Jupiter Road Bridge Utilities - Payment No. 1 117 Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Don Rodenbaugh Ward Paxton Dennis Offutt Absent: Mickey Pierson, Mayor City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Pro Tem Farmer at 7:30 p.m. on Thursday, June 2, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle. CONSENT AGENDA (Agenda Item II) At the request of Mayor Pro Tem Farmer, items "C" and "D" v were removed from the Consent Agenda for individual consideration. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 6 - 0 to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approval of May 19, 1983 City Council Minutes - Regular Meeting. B. Authorization to City Staff to pay bills associated with the Capital Improvements Program for 1979 - 1982 as follows: 1. Cummings Surveying Enterprises: a. Contract No. 820503C - Jupiter $ 570.00 Road Bridge Utilities - Layout Easement for Jupiter Road Widening b. Contract No. 820503C - Jupiter Road Bridge Utilities - $ 585.00 Boundary Survey of 5.1417 acres of land 2. Ronald E. Fix & Associates: a. Contract No. 821004 - Con- $ 3,933.95 struction of Park Place Drive Engineering Fee for May b. Contract No. 820503C - Jupiter $ 959.02 Road Bridge Utilities - Engineering Fee for May and Construction Staking 3. L. E. Delekta, Inc. $15,987.06 Contract No. 820503C - Jupiter Road Bridge Utilities - Payment No. 1 117 ALLEN CITY COUNCIL June 2, 1983 Page 2 The Council briefly discussed the proposed public hearings date and the budget workshop session and advised the city staff that the budget workshop session should be changed to Thursday, June 30th. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted 6 - 0 to set the two public hearing dates on July 7, 1963 as proposed by the city staff and as referenced in the caption above. The motion carried. Resolution No. 441-6-83(R): A Resolution Approving Issuance by Allen Industrial Development Corporation of an Issue in the Amount of $4,500,000 of Allen Industrial Development Corp- oration Industrial Development Revenue Bonds (EPCOR Associates Project) Series 1983; Approving the Resolution of the Issuer Authorizing the Bonds, the Issuance of the Bonds Authorized Thereby and the Plan of Financing Approved Thereby and the Bond Documents. (Agenda Item III) Christine Youngs, with Hutchison, Price, Boyle & Brooks who are the bond counsel for the Allen Industrial Development Corporation, spoke before the Council on the proposed bond resolution, advised of the beginning of the request from EPCOR, Inc., (Texet) in November of 1982, and the public hearing held on this date by the Allen Industrial Development Corporation. Ile CONSENT AGENDA (cont'd) (Agenda Item II) 4. Uvalde Construction Company $40,056.66 Contract No. 821004 - Con- struction of Park Place Drive Payment No. 2 4 The motion carried. End of Consent Agenda Set July 7, 1983 as Public Hearing Date for Zoning Change on 5.328 Acres of Land West of Jupiter Road and South of F.M. 2170 from R-3 (Residential) to TH (Townhouse) as requested (Consent Agenda by Clark and Iva Fishel Item II -C) and Set July 7, 1983 as Public Hearing Date for Amendment to Section 4-C of Planned Development Ordinance (Consent Agenda No. 368-10-81 Item II -D) Mayor Pro Tem Farmer advised the Council that in addition to these two public hearings being. scheduled for the July 7th regular City Council meeting, the budget workshop session had also been scheduled'for that meeting which would result in a t �y very long meeting. City Manager McCarty advised the Council that the budget workshop session could be rescheduled for Thursday, June 30th if the Council so desired. The Council briefly discussed the proposed public hearings date and the budget workshop session and advised the city staff that the budget workshop session should be changed to Thursday, June 30th. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted 6 - 0 to set the two public hearing dates on July 7, 1963 as proposed by the city staff and as referenced in the caption above. The motion carried. Resolution No. 441-6-83(R): A Resolution Approving Issuance by Allen Industrial Development Corporation of an Issue in the Amount of $4,500,000 of Allen Industrial Development Corp- oration Industrial Development Revenue Bonds (EPCOR Associates Project) Series 1983; Approving the Resolution of the Issuer Authorizing the Bonds, the Issuance of the Bonds Authorized Thereby and the Plan of Financing Approved Thereby and the Bond Documents. (Agenda Item III) Christine Youngs, with Hutchison, Price, Boyle & Brooks who are the bond counsel for the Allen Industrial Development Corporation, spoke before the Council on the proposed bond resolution, advised of the beginning of the request from EPCOR, Inc., (Texet) in November of 1982, and the public hearing held on this date by the Allen Industrial Development Corporation. Ile ALLEN CITY COUNCIL June 2, 1983 Page 3 Resolution No. 441-6-83(R) (cont'd): (Agenda Item III) Ms. Youngs also advised the Council of the size of the industry, the type of product produced, and the location of the industry in the City of Allen. John Boyle, with Hutchison, Price, Boyle & Brooks, spoke before the Council on legal aspects of the issuance of the bonds. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 6 - 0 to adopt Resolution No. 441-6-83(R) as presented. The motion carried. Mayor Pro Tem Farmer recessed the regular session of the Allen City Council at 7:44 p.m. The regular session reconvened at 8:47 p.m. Request to Appear from Bill Powell Concerning the Powell Grain Company (Agenda Item IV) Don Crowder, City Attorney, spoke before the Council on the history behind the situation existing at the location of the Powell Grain Company, located between the railroad tracks and Ash Drive, just south of Belmont in the city; and the city potential involvement in this matter and actions that needed to be taken to resolve this situation. Bill Petty, Director of Community Development, advised the Council of the fact that a non -conforming use, being the grain scale and certain other equipment, had been removed from the site by Mr. Powell. According_: to_the_zoning ordinance, a non -con- forming use could not be brought back on the site. Mr. Petty read from the city's zoning ordinance regarding non -conforming uses. The Council discussed with Mr. Crowder and city staff the action that needed to be taken by the city and that no action could be taken until certain questions had been clarified. Mr. Gary Campbell, with Kennedy, Minshew, Campbell, Cain, & Seidlits who are representing Anderson Grain Corporation, spoke before the Council on the Anderson Grain Corporation leasing the equipment from Mr. Powell, the removal of the equipment by Mr. Powell, and the litigation resulting from such. Mr. Campbell discussed with the City Council, the City Attorney, and the city staff their position in this matter and their request that the equipment be returned to this site and meeting the requirements of the city's zoning ordinance; as well as several other issues which need to be resolved before this can be accomplished. Bill Petty, Director of Community Development, advised the Council of several health and safety concerns now existing on f the property which need to be resolved immediately. The Council discussed with Mr. Campbell those health and safety problems and the timeframe for cleaning up the site and correcting the hazards now existing there. The Council discussed with city staff, the City Attorney, and Mr. Campbell the need for a meeting between the parties involved to try and resolve some of the problems and the actions that can be taken by the city to see if the equipment can be placed back on the property per Anderson Grain Corporation's request. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL June 2, 1983 Approval of Final Plat on 8.096 Acres of Land - Day Addition, located west of Rockridge Road (Agenda Item V) Page 4 Bill Petty, Director of Community Development, presented the Final Plat of the Day Addition and advised the Council that this was a request for approval of the final plat on an 8.096 acre tract of land in the W. Fisher Survey, Abstract No. 323, located on the west side of Rockridge Road and outside of the corporate city limits of Allen, but contained within Allen's extraterritorial jurisdiction. Mr. Petty advised that the owner, Mr. Vernon Day, is requesting that the approximate 8 acres be platted into four (4) residential lots of approximately two (2) acres each for residential development. Mr. Petty advised the Council that two items had been added to the plat, those being an additional fire plug and additional right-of-way for Rockridge Road. The plat now meets all of the requirements of the City of Allen. The Council briefly discussed the areas located outside the corporate city limits in the ETJ and that these areas have to be approved by the city as well as the county. Councilman Womack suggested the description of this particular property be tied into the road in order to locate the property easier. Mayor Pro Tem Farmer advised the Council that the Planning f` and Zoning Commission, at their regular meeting of May 26, 1983, �+ recommended approval of the final plat as presented. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 6 - 0 to approve the Final Plat - Day Addition as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Mayor Pro Tem Farmer recessed the regular session of the Allen City Council at 8:43 p.m. The meeting reconvened at 8:55 p.m. At this time, Councilman Rodenbaugh left the meeting due to illness. Update on the Main Street Study Committee and Approval to Provide Funding for Consulting Engineer (Agenda Item VI) City Manager Jon McCarty advised the Council of the status of the work being done by the Main Street Study Committee and the responsibility of the committee to make a recommendation to the City Council on a route for a thoroughfare through the down- town area of Allen and ways to facilitate parking in the down- town area. City Manager McCarty advised the Council that it had been the recommendation of the committee that in order to accomplish their charge, they would like the assistance of a traffic/ transportation engineer to assist in answering such questions as projected traffic volumes, projected traffic destination, grade alignment, road curvature, construction phasing and other aspects. The Council discussed the financial costs of such a consultant, if funds were available for the consultant out of street bond funds, the timeframe for the completion of the work of the committee, and if a limit should be set by the Council on the amount of funds to be used for the consultant. City Manager McCarty advised the Council of the estimated figure being approximately $10,000 and that street bond funds were available. iJo ALLEN CITY COUNCIL June 2, 1983 Page 5 Update on the Main Street Study Committee and Approval to Provide Funding for Consulting Engineer (cont'd) (Agenda Item VI) MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Offutt, the Council voted 5 - 0 to authorize the assistance to the Main Street Study Committee for a consultant in the amount of $10,000, with the use of street bonds funds set aside in this amount. The motion carried. Approval of a Permit for Fund Raising Project in Reed Park (Agenda Item VII -A) Mark Thornton, Director of Parks & Recreation, spoke before the Council on a request from residents around Reed Park to have a fund raising project such as a "Trades -Day" in the park to raise money to purchase additional playground equipment for the park. Mr. Thornton advised the Council that this activity would be only open to the residents of Allen and not for commercial businesses to enter for the purpose of making a profit. The proposed date for the activity is June 25th. Council discussed with city staff the equipment to be purchased with the money made and if the equipment met the requirements of the city, as well as the city personnel installing the equipment, extending the time period to July 15th in case of rain on the pro- posed date, the commercial businesses' involvement in this activity, and this activity being a good idea to obtain additional equipment and involve the community in a project. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 5 - 0 to grant the permit for the "Trades -Day" activity in Reed Park. Thb motion carried. Update on Support Provided to the Senior Citizens of Allen (Agenda Item VII -B) Mark Thornton, Director of Parks & Recreation, spoke before the Council regarding the Senior Citizens Group, how it was organized, activities, and the involvement of the city and the school district and that the city will be taking over all responsibilities and support of the Senior Citizens Organization within the next few months. Mr. Thornton added that this responsibility will be primarily placed on the position of the Parks & Recreation Super- visor, which at this time is a part-time position and will require this person to begin working more on a full-time basis. This item was received as a matter of information. There was no action taken on this item. Status Report on the Use of the Hillside Softball Fields (Agenda Item VII -C) Mark Thornton, Director of Parks & Recreation, spoke before the Council on several areas of concern at the Hillside Softball Fields and the status of those concerns. Mr. Thornton advised of the current curfew problems with turning out the lights at Hillside and the complaints from adjacent residents. Mr. Thornton advised that the city was working with the Allen Sports Association in seeing that the lights were turned out and that the restrictions had been placed on ASA to monitor the lights and to see that the games were com- pleted_within a certain time. Mr. Thornton explained to the Council that a curfew had previously been discussed by the Council but no certain time had been set. /J/ ALLEN CITY COUNCIL June 2, 1983 Page 6 Status Report on the Use of the Hillside Softball Fields (cont'd) (Agenda Item VII -C) The Council discussed with city staff setting a curfew on lights out at the Hillside Softball Fields and discussed with an ASA representative the limitations that would be placed on _ the league play if the lights were turned out by 10:30 p.m. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Offutt, the Council voted 5 - 0 to establish a 10:30 p.m. curfew on lights out at the Hillside Softball Fields. The motion carried. Mr. Thornton advised the Council of the monitoring of the foul balls hit off of the Hillside Softball Fields onto adjacent residences and the degree of effectiveness the new improvements were providing to prevent the balls from going onto the adjacent properties. Mr. Thornton provided a sketch of the ballfield and the location of several residences and explained the monitoring system and the reason why four foul balls had gone over the new netting and backstop. The Council discussed with Mr. Thornton the continuation of the monitoring and that the objective of the improvements was to eliminate the balls on the adjacent residences altogether. This item was received as a matter of information. There was no action taken on this item. Approval of the Budget Calendar for Fiscal Year 1983 - 1984 (Agenda Item VIII) �+ City Manager Jon McCarty presented the proposed Budget Calendar for the Fiscal Year 1983 - 1984. As previously discussed by the Council, by consensus, the Pre -budget workshop session was to be changed to Thursday, June 30, 1983, with the other dates approved as presented. Review of Solid waste Collection Contract and Specifications (Agenda Item IX) City Manager Jon McCarty advised the Council of the research done by city staff on solid waste collection and the different approaches that can be taken in this area. Mr. McCarty introduced Buck Hubbard, Vice President of Operations with Southern Sanitation, who has the solid waste collection contract with the City of Allen at the present time. Mr. McCarty went on to explain the current status of solid waste collection in the city and the use of the McKinney Landfill to dispose of the waste, and the charges for solid waste collection and charges for the use of the McKinney Landfill. Using transparencies, Mr. McCarty presented an organization chart of sanitation services, objectives of the sanitation services, customer characteristics -- residential and commercial/industrial, proposed costs for the city's sanitation services if the city decided to take on those services, and the major issues the city has to consider when deciding on sanitation services. The Council discussed with city staff the entering into a contract for the solid waste collection, the use of a franchise fee to cover costs, commercial customer restrictions, use of plastic refuse bags, relationships with the McKinney Landfill, the rate increase review process, and the adoption of an ordinance to establish these items. ALLEN CITY COUNCIL June 2, 1983 Page 7 Review of Solid Waste Collection Contract and Specifications (cont'd) (Agenda Item IX) Based upon the discussions, the City Council, by consensus, directed the City Manager to proceed with finalizing a recom- mendation for the solid waste collection in the city. This item was received as a matter of information. There was no action taken on this item. Tax Report - May 31, 1983 (Agenda Item X -A) Walter Curtis, Tax Collector, presented to and spoke before the Council on the Schedule of Taxes Receivable as of May 31, 1983. The Council reviewed the schedule and discussed briefly with Mr. Curtis the collection rate figure, the roll back tax figures and the collection of back taxes. This item was received as a matter of information. There was no action taken on this item. Legislative Update (Agenda Item X -B) City Manager Jon McCarty advised the Council that at this time an update on the legislation that had passed was not available. This item was received as a matter of information. There was no action taken on this item. Central Business District Committee (Agenda Item X-C) v Mayor Pro Tem Farmer advised the Council of the work being done by the Central Business District Committee and the anticipated completion of their work. This item was received as a matter of information. There was no action taken on this item. General Discussion: Mayor Pro Tem Farmer advised the Council that he had meet with representatives of Media Systems, the cable television company, and discussed their request that was before the Council at their last regular meeting. Based on this meeting, Mayor Pro Tem Farmer recommended that a three-member committee of the Council be selected to review and discuss their proposed request and meet with representatives of the City of McKinney since they will be involved in this situation also. Councilman Rex Womack, Councilman Dennis Offutt and Mayor Pro Tem Farmer volunteered to serve on this committee and they set a meeting date of Wednesday, June 8, 1983, at 7:30 p.m., to meet with representatives of the City of McKinney regarding this item. ■ Mayor Pro Tem Farmer advised the city staff that legislation �V had been passed recently regarding revisions to the social security and that the city staff should be aware of it and how it will affect the city and the payments to social security. Per a request from "The Allen American", the Council set a meeting time of 6:30 p.m, on Tuesday, June 7, 1983, to have their picture taken for the "Newcomer's Edition" of the paper. City Secretary Marty Hendrix advised the Council of the upcoming Texas Municipal League Conference to be held in Houston in October and that reservations needed to be made for those Council Members interested in attending this conference. ALLEN CITY COUNCIL June 2, 1983 Page 8 Adjournment MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 5 - 0 to adjourn the regular session of the Allen City Council into Executive Session at 10:55 P.M. The motion carried. Executive Session In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S., Sections 2 (f) and 2(g), the Allen City Council convened into Executive Session at 11:00 p.m, to discuss matters pertaining to personnel and real estate. The Executive Session was adjourned at 11:45 p.m. 1983. These minutes approved on the 16th day of June �ESe Farmer, MAYOR PRO TEM Marty Hendrix, CITY SECRETARY J /J1