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HomeMy WebLinkAboutMin - City Council - 1984 - 01/19 - RegularALLEN CITY COUNCIL REGULAR SESSION JANUARY 19, 1984 Present: Mickey Pierson, Mayor Council Members• Joe Farmer, Mayor Pro Tem Rex Womack Don Rodenbaugh Ward Paxton Dennis Offutt Absent• Jim McClure 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, January 19, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman Rodenbaugh 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: A. Approval of City Council Minutes of January 5, 1984 - Regular Session. B. Authorization to City Staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Wilhide Incorporated $3,011.00 Contract No. FS 8023 - 181.49 Construction of Service Center/ City Hall Annex - Office Fur- nishings - Chairs/Conference Table for Council Chambers and Lunchroom 2. Wilhide Incorporated $1,475.01 Contract No. FS 8023 - Construction of Service Center/ City Hall Annex - Office Fur- nishings - Folding Tables for Lunchroom and Council Chambers 3. Marquette Lease Services, Inc. $ 765.75 Contract No. 13216 - Lease/Purchase of Telephone System for Allen Municipal Annex - January 1984 /V ALLEN CITY COUNCIL JANUARY 19, 1984 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 4. Shimek, Jacobs & Finklea $ 431.48 Services through November 30, 1983 - in connection with report, olans and specifica- tions on Bank Protection of f Rowlett Creek near Cotton- wood Creek Sewer Crossing S. Blackwell & Associates, Inc. $3,760.00 Professional services through December 31, 1983 - in con- nection with investigation of future water system requirements and preparation of final report 6. Uvalde Construction Company $14,760.00 Contract No. 821004 - Construction of Park Place Drive - Payment No. 8 7. Ronald E. Fix & Associates $ 2,030.97 Contract No. 821004 - Construction of Park Place Drive - Inspection, Engineering and Construction Staking - 11/25/83 - 12/25/83 C. Set February 16, 1984 as Public Hearing Date on Consideration of Approval of Site Plan for Kinder Care Learning Center on 1.25 Acres of Land Located 200' North of F.M. 2170 and West and Adjacent to Fountain Park Drive. D. Set February 16, 1984 as Public Hearing Date on Request by Allen Bowl for a Special Use Permit to Allow an Arcade. E. Schedule of Taxes Receivable as of December 31, 1983. The motion carried. End of Consent Agenda. Report on New Conflict of Interest Law by City Attorney (Agenda Item III) City Attorney Don Crowder spoke before the Council on an interpretation of the new conflict of interest law. Mr. Crowder reviewed in detail Article 988b, Vernon's Texas Civil Statutes, the Conflicts of Interest law. The Council discussed briefly various aspects of the new law and reviewed the definition of the word "elected" as it is used in this law. This item was received as a matter of information. There was no action taken on this item. /j ALLEN CITY COUNCIL JANUARY 19, 1984 Page 3 Approval of Preliminary and Final Plat on Pete Ford Medical Addition Location: 1.3 Acres on Federal Drive Between Main Street and Belmont Street Requestor: Allen Medical Joint Venture (Agenda Item IV) At this time, Mayor Pierson advised the Council that in accordance with Article 988b, V.T.C.S., the Conflicts of Interest Statute, he would be abstaining from consideration of this request and had filed the proper executed affidavit with the City Secretary. Mayor Pierson turned the meeting over to Mayor Pro Tem Farmer. Bill Petty, Director of Community Development, advised the Council that the plat met all of the city's requirements and that the engineer has approved the plat as presented. Larry Cates, engineer representing the Allen Medical Joint Venture, presented to and spoke before the Council on the Preliminary and Final Plat for the Pete Ford Medical Addition located on 1.30± acres of land out of the William Perrin Survey, Abstract No. 708, also being a part of Lot 3 in Block 9 in the J. M. Whisenant Addition. Mr. Cates advised of the location of the property, the need to construct a 400' waterline to the site, and the need for a pro rata agreement with the city to recoup some of the cost of the line. The plat showed the boundaries of the property, utility and right-of-way easements, street easements, and street location. The Council discussed the street right-of-way indicated for Main Street and Belmont and if that was enough for future street improvements. Mayor Pro Tem Farmer advised that the Planning and Zoning Commission, at their meeting of January 12, 1984, had recommended approval of the Preliminary and Final Plat for the Pete Ford Medical Addition. MOTION: Upon a motion made by Councilman Offutt and seconded by Councilman Womack, the Council voted five (5) for, none (0) opposed, and one (1) abstention, with Mayor Pierson abstaining from the vote, to approve the Preliminary and Final Plat for the Pete Ford Medical Addition as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Mayor Pro Tem Farmer turned the meeting back over to Mayor Pierson. Police Report - 1983 Annual Report (Agenda Item V) Police Chief Richard Carroll presented four charts showing various statistics for the years of 1981/1982/1983 for comparison. The first chart showed the vehicles impounded, animal calls, and non -criminal calls. The second chart showed the property stolen and property recovered, D.W.I.'s, arrests, and citations. The third chart showed the number of accidents at certain locations in the city. The fourth chart showed a comparison of the statistics for theft, burglary, motor vehicles, vandalism, miscellaneous assault, and felony assault. The Council reviewed the charts and discussed with Chief Carroll the impact of the car insurance liability law and the new D.W.I. laws. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL JANUARY 19, 1984 Page 4 Award of Bid on Street Equipment - Underfired Asphalt Dispenser Road Repair Kettle for the Community Development Department (Agenda Item VI) Bill Petty, Director of Community Development, spoke before the Council on the receipt of bids for an underfired asphalt r dispenser road repair kettle for the Community Development Department. Due to the fact that this particular type of equipment is a specialty item, only one bid was received from the four companies that were sent the specifications. Mr. Petty advised the Councilthat it was the city staff's rec am endation to award the bid to Ross Machinery Company in the amount of $7,894.00, and to purchase the two optional items of a double LP Bottle Rack in the amount of $80.00 and insulation for the kettle in the amount of $465.00. The total amount of the bid to be $8,439.00, with the purchase of this item to be made with 1982-83 Revenue Sharing funds. Resolution No. 486-1-84(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Ordering an Election to be Held on April 7, 1984, for the Purpose of Electing Three (3) Members of the City Council (Places No. 2, 4, and 6) and the Mayor's Place to the City Council to Hold Office for a Period of Two Years; Designating Location of Polling Place; and Ordering Notices of Election to be Given as Prescribed by Law in Connection with such Election. (Agenda Item VII) City Secretary Marty Hendrix reviewed the proposed resolution calling the City Council Election for April 7, 1984 with the City Council and advised that the appointment of the election officials would be forthcoming as there still existed vacancies in the election judge, alternate judge and two clerk positions. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Paxton, the Council voted 6 - 0 to adopt Resolution No. 486-1-84(R) as captioned above. The motion carried. The Council briefly discussed with Mr. Petty the filling of the bottles and the need for the double LP Bottle Rack. MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the award of the bid to Ross Machinery Company in the amount of $8,439.00 for the purchase of an underfired asphalt dispenser road repair kettle and the two optional items of a double LP bottle rack and insultation for the kettle, with funds from the 1982- 1983 Revenue Sharing Budget, in accordance with the city staff's recommendation, as stated. The motion carried. Resolution No. 486-1-84(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Ordering an Election to be Held on April 7, 1984, for the Purpose of Electing Three (3) Members of the City Council (Places No. 2, 4, and 6) and the Mayor's Place to the City Council to Hold Office for a Period of Two Years; Designating Location of Polling Place; and Ordering Notices of Election to be Given as Prescribed by Law in Connection with such Election. (Agenda Item VII) City Secretary Marty Hendrix reviewed the proposed resolution calling the City Council Election for April 7, 1984 with the City Council and advised that the appointment of the election officials would be forthcoming as there still existed vacancies in the election judge, alternate judge and two clerk positions. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Paxton, the Council voted 6 - 0 to adopt Resolution No. 486-1-84(R) as captioned above. The motion carried. ALLEN CITY COUNCIL JANUARY 19, 1984 Page 5 Ordinance No. 487-1-84: An Ordinance Establishing a Program of Comprehensive Emergency Management Which Includes the Mitigation, Preparedness Response and Recovery Phases of Civil Preparedness; Acknowledging the Office of Emergency Management Director; Authorizing the Appointment of an Emergency Management Coordinator; and Providing the Duties and Responsibilities of Those Offices; Identifying an Operational Organization; Granting Necessary Powers to Cope With All Phases of Emergency Management Which Threaten Life Property in the City of Allen; Authorizing Cooperative and Mutual Aid Agreements for Relief Work Between This and Other Cities and Counties and for Related Purposes; Prohibiting Unauthorized Warning and All -Clear Signals and Making Violations a Misdemeanor Punishable By Fine Not to Exceed $1000.00. (Agenda Item VIII) John Lawson, Fire Marshal, spoke before the Council on the proposed ordinance and the need for this ordinance in order to update the emergency management program. Mr. Lawson advised the Council of the current warning systems in the city, the location of the sirens, the use of radios in the public schools, the location of the emergency operations center in the Police Department, and the need for designated shelters in the city. Mr. Lawson reviewed the Texas Emergency Management Act and reviewed in detail the proposed ordinance. The Council discussed with Mr. Lawson the need for the designated shelters in the city in case of emergencies, the emergency warning sirens and how they are used, and various means to make the public more aware of the emergency manage- ment system and the operation. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Rodenbaugh, the Council voted 6 - 0 to adopt Ordinance No. 487-1-84 as captioned above. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 9:07 p.m. The meeting reconvened at 9:19 p.m. Review Establishment of Procedures for Right -of -Way Acquisition and Construction of Main Street (Agenda Item IX) City Manager Jon McCarty review in detail with the City Council the steps that needed to be taken to implement the initial phases of the Main Street Study, which was approved by the City Council on November 3, 1983. Mr. McCarty advised that those steps included a contract with Collin County for administering the street project which was approved as part of the county's bond program, negotiating for right-of-way with the property owners, property management of the property that the city will acquire, the method of funding for construction of these street improvements, negotiations with the State Department of Highways and Public Transportation (S.D.H.P.T.), and proceeding with the engineering for the project. 13 ALLEN CITY COUNCIL JANUARY 19, 1989 Page 6 Review Establishment of Procedures for Construction of Main Street (cont'd) (Agenda Item IX) Mr. McCarty advised the Council that the city staff's recommendations were; A. Approve the concept of the city administering this project. B. Authorize city staff to contact property owners, establish a schedule for right-of-way acquisition and hire a property appraiser. C. Authorize initial negotiation with property owners. This recognizes that the existing property use, unless specifically authorized otherwise, will continue up to the time of street construction. D. Approve conceptually the funding formula that the participants (i.e., city, county, S.D.H.P.T., and commercial property owners) will share in the cost of construction. Amounts and percentages will be formalized after detailed engineering is complete. E. Authorize negotiations with the S.D.H.P.T. to: 1. Get assurances of state participation in this and other projects; 2. Get the state to agree to accelerate certain projects; 3. Arrive at a funding level for the state. There was considerable discussion by the City Council with city staff on the negotiating of right-of-way for the city and the fact that the city should hire someone to do it and not use the city staff; discrepancies in the proposed formula for the funding of construction of Main Street and the purchase of right-of-way and the resale of the excess land purchased; the negotiations needed with the S.D.H.P.T. for their funds; what the total cost of this project is now anticipated to be; the need for a financial plan showing the funds that are available, those that are needed, and a time frame for how they will be expended; and making a review of Phase I of the recommendation and the monies needed for that as a starting point. In further discussion, the Council recommended that this item be placed on the Council's agenda perhaps every other meeting or every third meeting in order to keep up with the status of the work being done on this project. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted five (5) for and one (1) opposed, with Councilman Paxton casting the negative vote, to authorize the city staff to proceed with their recommendations modified as follows: A. Approval of the concept of the city administering this project, with city staff to bring back a contract to be entered into with Collin County. B. Authorize city staff to gather additional informa- tion from property owners in order to establish a schedule for right-of-way acquisition and hire a property appraiser. ALLEN CITY COUNCIL JANUARY 19, 1984 Page 7 Review Establishment of Procedures for Construction of Main Street (cont'd) (Agenda Item IX) C. Authorization to city staff for initial explora- tion with property owners on the anticipated cost to acquire the right-of-way. This recog- nizes that the existing property use, unless specifically authorized otherwise, will continue up to the time of street construction. D. Authorization to city staff to begin negotiations with S.D.H.P.T. to: 1. Get assurances of state participation in this and other projects; 2. Get the state to agree to accelerate certain projects; 3. Arrive at a funding level for the state. The motion carried. Proposed North Texas Municipal Water District Interceptors (Agenda Item X -A) City Manager McCarty advised the City Council that several major issues would be forthcoming to the Council for their review and consideration regarding the location of trunk lines to the new Wastewater Treatment Plant to be located at Wilson Creek. In addition, there will be information on the method of construction and ownership of the lines. This item was received as a matter of information. There was no action taken on this item. General Discussion City Manager Jon McCarty advised the Council of a meeting with representatives of the Allen Independent School District and the Lovejoy School District that had been held recently regarding future planning for growth of these entities. There was considerable discussion by the City Council on a proposed joint meeting to be held by the City Council with the Allen Independent School District and the Lovejoy School District regarding future planning for growth and the concerns of the Lovejoy School District in regards to the Omni Homes development. Mr. McCarty advised the City Council that a proposed joint meeting was being planned for the City Council and the Allen Independent School District for late February. Mr. McCarty advised the City Council that through an agreement with the North Central Council of Governments, the cw city is involved in an urban fellowship program wherein the city can obtain an intern to work for the city on a part-time basis, if the City Council is agreeable to continue with this program. By concensus, the Council agreed to continue with this program. Mayor Pro Tem Farmer asked about the amount of sales tax revenue received by the city for the quarter and if there was a considerable increase. JJ ki ALLEN CITY COUNCIL JANUARY 19, 1984 General Discussion Page 8 City Manager McCarty advised the Council of the resigna- tion of the Finance Director, Carol Maier, to be effective February 24, 1984. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 11:21 p.m. The motion carried. These minutes approved on the 2nd day of February 1984. M. B. Pierson, MAYOR Marty Hendrix, CITY SECRETARY