Min - City Council - 1981 - 12/17 - RegularALLEN CITY COUNCIL
Regular Session
December 17, 1981
PRESENT:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Glenn Andrew (arrived at 7:36 p.m.)
Ward Paxton
Rex Womack
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 7:32 p.m. on Thursday, December 17, 1981,
at Rountree Elementary School, 800 E. Main Street.
CONSENT AGENDA
(Agenda Item II)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 6 - 0 (with
Councilman Andrew being absent) to approve and adopt
all items on the Consent Agenda as recommended and as
follows:
A. Minutes of December 3, 1981 - Regular Session
B. Set the Public Hearing date for January 7, 1982
on a request for Site Plan approval for an animal
hospital to be located on Lot 1, Mr. Quik Addition
No. 2, located adjacent to Highway 5 between the
Allen National Bank and the Mr. Quik Convenience
Store.
Oath -of -Office to Russell Bratcher,
Newly Appointed Member to Place No. 3
on the Parks & Recreation Board (Agenda Item III)
City Secretary Marty Hendrix administered the oath -of -office
to Mr. Russell Bratcher, newly appointed member to Place No. 3
on the Parks & Recreation Board.
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ALLEN CITY COUNCIL
December 17, 1981 Page 2
Presentation of Plaques -of -
Appreciation to Joe Moseley,
Planning & Zoning Commission,
and Wendell Housley, Parks &
Recreation Board (Agenda Item IV)
Mayor Pierson presented a plaque -of -appreciation to
Joe Moseley, outgoing member to Place No. 6 on the Planning and
Zoning Commission, for his service on the Commission from
August, 1977 until November 1982.
Mayor Pierson also recognized Wendell Housley's service,on
Place No. 3 of the Parks & Recreation Board from October, 1980
until November, 1981, with a plaque -of -appreciation. Mr. Housley
had resigned from the Board and was unable to attend the meeting.
Consideration of an Application
from Texas Power & Light to
Establish a Procedure for Approval
of Payments to Affiliates in Con-
nection with the Fuel Cost Adjustment
Factor Schedule, and (Agenda Item V)
Resolution No. 376-12-81(R): Suspending the Effective Date of
the Proposed Revisions of the Fuel Cost Factor Tariff Schedule
of Texas Power & Light Company for 120 Days from January 13, 1982;
Providing That the Rates of Said Public Utility Shall Remain
Unchanged During the Period of Suspension; and Providing Notice
Hereof to Said Public Utility.
Mr. Jerry Lockhart, Manager of Texas Power & Light, spoke
before the Council on the application and statement of intent
from Texas Power & Light to amend its tariff to establish a pro-
cedure for approval of payments made by it to affiliates in
connection with the fuel cost factor tariff schedule.
City Manager Jon McCarty presented copies of correspondence
from the Texas Municipal League to the City Council regarding
the entry of judgement by the district court in the affiliated
transactions case and the filing of the new fuel adjustment clause
by companies.
Mr. McCarty also spoke before the Council on this item and
explained why the suit had been filed by various cities against
the fuel adjustment clauses of Texas Power & Light and TESCO.
He advised that it was the City Staff's recommendation that the
proposed revisions be suspended for 120 days commencing from
January 13, 1982,as proposed in a resolution,in order to review
the proposed procedure.
ALLEN CITY COUNCIL
December 17, 1981
Page 3
Application from Texas Power &
Light to Establish a Procedure
for Approval of Payments to
Affiliates in Connection with
the Fuel Cost Adjustment Factor
Schedule and Resolution 376-12-81(R) (cont'd) (Agenda Item V)
The Council discussed with Mr. Lockhart the expiration date
of the 120 days suspension, the 70 day cycle involved in the
proposed procedure of notification to the cities, how the fuel
cost adjustment factor will be handled during the 120 days sus-
pension, and the margin of error projected in forecasting the
factor.
MOTION: Upon a motion made by Councilman Andrew and seconded by
Councilman McClure, the Council voted 7 - 0 to adopt
Resolution No. 376-12-81(R), suspending the proposed
revisions of the fuel cost factor tariff schedule for
120 commencing from January 13, 1982.
Appearance by Representative of
Allen Independent School District
Community Education Advisory Council
Regarding the Draft Traffic Engineering
Study (Agenda Item VI -B)
Joe Fields, representative of the AISD Advisory Council,
spoke before the Council on the purpose and the goals of his
organization as well as his committee's recommendations to be
taken under consideration for inclusion in the traffic engineering
study recently conducted by PAWA, Inc. Specifically, the committee
is concerned with the school children traveling to and from the
Windridge Addition to Boyd Elementary School along Jupiter Road.
Mr. Fields presented to the Council copies of the enrollment
at Boyd Elementary, dated January 15, 1980 and February 23, 1981,
and a roster of the members of the Allen Community Education
Advisory Council.
Mr. Fields went on to elaborate on the observations the
committee members had made on the traffic in that area going to
and from Boyd Elementary and reviewed a section of the draft
traffic engineering study with the Council regarding areas marked
as dangerous traffic areas. Mr. Fields advised that the committee's
recommendations for temporary solutions to the problem were to
perhaps build up the shoulders on Jupiter Road or just widen Jupiter
Road in that particular hazardous area. A permanent solution would
be of course to build a sidewalk in that area.
In closing, Mr. Fields asked for Council's consideration of
studying this area as a priority for the capital improvements
program, the consideration of the construction of a sidewalk in
that area being built in view of the major improvement which
will be done to Jupiter Road at some point; and request that PAWA
consider Jupiter Road in the Windridge Addition in their study as a
potentially dangerous area.
ALLEN CITY COUNCIL
December 17, 1981
Page 4
Appearance by Representative of
AISD Community Education Advisory
Council Regarding the Draft Traffic
Engineering Study (continued) (Agenda Item VI -B)
The Council discussed with Mr. Fields the designation of the
dangerous areas as shown in the draft traffic engineering study,
construction of an asphalt sidewalk as a temporary measure, cost
estimates of the sidewalk being around $16,000, the right-of-way
acquisitions needed for improvements in that area, current 1981
attendance figures at Boyd Elementary School, location of the
school zones in that area, and the possibility of the Allen Com-
munity Education Advisory Council providing a volunteer safety
program in that area until action has been taken for some type of
solution to the problem.
Mayor Pierson advised Mr. Fields that his comments and re-
commendations would be taken under advisement by the City Council.
There was no action taken on this item.
Review of the Draft Traffic
Engineering Study Conducted
by PAWA, Inc. (Agenda Item VI -A)
City Manager Jon McCarty spoke before the Council on the
draft traffic engineering study by providing background information
on it, stating the purpose and scope of the study, and reviewing
with the Council various areas of the study as prepared by PAWA,
Inc.
The review included traffic counts conducted on various
streets in the City, the major thoroughfare plan in the compre-
hensive plan as compared to the proposed thoroughfare plan in the
study, high accident and hazardous locations on streets in the
City, school zones, proposed implementation plan and the major
recommendations of the study.
The Council discussed how the traffic counts were conducted,
the realignment of Alma Road (in Plano) to intersect with Bethany
Road, and the realignment of Chaparral Road.
It was the consensus of the City Council that since this is
such an extensive document, some time must be given for Council
Members to thoroughly review it and,after the first part of 1982,
hold a work shop with the consultant to discuss the document. The
date for the work shop is to be determined at a later date.
In addition, Councilman Paxton requested that City Staff study
the problem of school traffic in the Windridge Addition to Boyd
Elementary School and by the Council Meeting of January 7, 1982,
present their recommendations on some temporary solutions to the
problem.
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ALLEN CITY COUNCIL
December 17, 1981 Page 5
Mayor Pierson recessed the regular session of the Allen City
Council at 8:55 p.m. The meeting reconvened at 9:10 p.m.
Consideration of Action Related to an
Annexation Request for 44 Acres, Located
North of Exchange and East of Highway 5 (Agenda Item VII)
City Manager Jon McCarty advised of the annexation request
submitted to the City of Allen on property located north of
Exchange Parkway and east of State Highway 5, containing 44 acres.
Due to the new legislation on the annexation of property
by municipalities passed by the 67th Legislature, Mr. McCarty
advised that City Staff recommended tabling of this request until
the Council Meeting of January 21, 1982 in order that the new
procedures and service plan can be developed by the City Staff
and processed through the Planning and Zoning Commission for their
recommendations.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman Womack, the Council voted 7 - 0 to table
the annexation request until the Council Meeting of
January 21, 1982.
Report on Proposed Fee Schedule
for Parks & Recreation Use (Agenda Item VIII)
John Oland, Director of Parks & Recreation, spoke before the
Council on the proposed fee schedule developed by the Parks and
Recreation Board and advised of the motion made by the Parks and
Recreation Board to recommend a $7.50 fee fcr non-residents and a
$2.50 fee for residents of Allen for team sports per season for
each player in order to raise $10,000 in revenues. The maximum
fees would be $67.50 (non-residents) and $22.50 (residents) per
family.
Mr. Uland further reviewed the number of participants in
team sports, being approximately 2,700 players (2025 residents
and 675 non-residents) and how the 3 to 1 ratio in fees had
been determined.
The Council discussed with Mr. Uland the fact that it was
not their intention to charge residents of Allen a fee, just non-
residents, for use of the City's park and recreation facilities.
City Manager Jon McCarty reviewed with Council Members the
incremental costs calculations of preparing the City's recreational
facilities for league play for sports such as soccer, football,
softball and baseball, arriving at a figure of $12,070.20. Thus,
to cover these expenses, fees to residents as well as non-residents
had been determined.
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ALLEN CITY COUNCIL
December 17, 1981 Page 6
Report on Proposed Fee Schedule
for Parks & Recreation Use (cont'd) (Agenda Item VIII)
There was considerable discussion among the Council on the
clarification of what type of proposed fees were to be charged
to nonresidents and not charged to residents of Allen. In
addition, Council discussed how the figure for participants in
team sports was obtained, the cost of additional park and recre-
ational facilities borne by the taxpayers of Allen to provide
facilities for use by nonresidents, clarification of the term
"incremental costs", those incremental costs being charged to
participants of league play whether they be residents or non-
residents, and development of a surcharge to non-residents for
use of the City's park and recreational facilities.
It was the consensus of
and the Parks and Recreation
on the proposed fees to incl
for nonresidents for use of
facilities and that estimate
fees determined from such to
league play, whether they be
the City Council to direct City Staff
Board to revise their recommendations
ade a proposed surcharge be established
the City's park and recreational
I incremental costs be calculated and
be charged to participants of all
residents or nonresidents.
The following persons in the audience spoke before the Council
on their opinion of the proposed surcharge to nonresidents and
participants of league play paying fees to cover incremental costs:
Howard Trammel, 902 Daisy, from the Allen Sports Association Board
Tom Johnson, 705 Concord, Soccer Commissioner, Allen Sports
Association
Bob Outman, Member of the Parks & Recreation Board, 570 Bell Dr.
Steve Dahlbo, 815 Lake Highland
Bob Clynch, 502 Ola Lane, President of Allen Sports Association
Board
Bert Nettles, 910 Circle Cove
In conclusion, Mayor Pierson advised the members of the Allen
Sports Association that the Park and Recreation Board meetings were
open to the public,and that if the Association could provide additional
information or statistics on participants of league play to help the
Board in their future recommendations, they could contact the Board.
There was no action taken on this item.
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ALLEN CITY COUNCIL
December 17, 1981
Approval of Plans and Specifications
and Authorization to Receive Bids on
Reed Park
Page 7
(Agenda Item IX)
Ron Fix, City Engineer, presented to and spoke before the
Council on the revisions made to the plans and specifications
for Reed Park.
The Council discussed with Mr. Fix the holding of a prebid
conference with the potential bidders on the project in order
to thoroughly review all the specifications and answer any
questions that may arise.
The Council discussed with the City Manager the status of
collecting the bid bond from the Forward Corporation, who had
been awarded the contract for Reed Park but had decided not
to enter into the contract for construction of the park. During
the discussion, it was the consensus of the City Council that
the City Attorney proceed with obtaining the bid bond from the
Forward Corporation. City Manager McCarty advised the Council
of the stipulations of the bid bond submitted by Forward and
the amount of the bond, which will depend on the award of the
contract to another bidder.
The Council discussed the various bonds on this project,
those being a bid bond, performance bond and a payment bond.
In the discussion, it was recommended by the Council that the
City Staff look into using a bid bond form with terminology
that would be beneficial to the City's position in a contract.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 7 - 0 to approve
the plans and specifications and authorize the receipt
of bids for Reed Park.
Legislative Update - Presented by
Bob Acker, Civil Defense Director
(Agenda Item X)
Bob Acker, Civil Defense Director, spoke before the Council
on House Bill 36 regarding the amendments to the Texas Disaster
Act of 1975, wherein the plan has now been changed to the Emer-
gency Management Plan,in connection with the federal program,
and his title has been changed to the Emergency Management Director.
Mr. Acker reviewed the requirements for participation, local
resources, power of the governor to combine jurisdictions and
penalities for violation.
Mr. Acker provided the Council with copies of Annex "A" of
the Emergency Warning Plan as revised on January 1, 1980.
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ALLEN CITY COUNCIL
December 11, 1111 Page 8
Legislative Update - Bob Acker (cont'd) (Agenda Item X)
The Council discussed with Mr. Acker various aspects of the
legislation and specifically, providing more information on the
Emergency Management Plan and warning signals to the citizens
of Allen, as well as what the citizens are to do in the case
of civil defense emergencies.
There was no action taken on this item.
Discussion of Procedure on Zoning
Request of 855+ Acres from Del Morton (Agenda Item XI -A)
City Manager Jon McCarty advised the Council of the recent
request for planned development zoning on 855+ acres of land
from Del Morton, located north of Chaparral Road, east of
Jupiter Road and west of Allen Heights Road. This request is
now pending before the Planning and Zoning Commission. Due
to the great impact of this large piece of property to the City
of Allen, the Planning and Zoning Commission has called a work-
shop to review the plan in great detail and has passed along an
invitation to the City Council to attend.
There was a lengthy discussion among the Council Members
on the impact of this development to the City of Allen, the
procedure for reviewing this request, the use of consultants
on this type of project, and the timeframe for consideration
of this request.
There was no action taken on this item.
City of Allen Membership Approval
to the Allen Chamber of Commerce (Agenda Item XI -B)
Mayor Pierson advised that it had been pointed out to him
that the City of Allen was not a member of the Chamber of
Commerce, although the City had worked with the Chamber on
several projects in the pass.
The Council briefly discussed that it would be beneficial
for the City to become a member of the Chamber of Commerce.
MOTION: Upon a motion made by Councilman Andrew and seconded by
Councilman Paxton, the Council voted 7 - 0 to approve
of the City of Allen joining the membership of the Allen
Chamber of Commerce.
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ALLEN CITY COUNCIL
December 17, 1981
Roofing of the Police
Department Building
Page 9
(Agenda Item XI -C)
Police Chief Richard Carroll spoke before the Council on the
leaking of the roof at the building where the Police Department
is located. This building had just recently been renovated on
the interior and the leaking room is causing damage to some of
the new interior. Chief Carroll advised that he had a roofing
company look at the roof,and they provided a cost estimate to
repair it for $5,000 to $6,000.
Council discussed the necessity of repairing the roof now
and how much damage has been caused, and the continuing damage
if the roof is not repaired soon.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Councilman Andrew, the Council voted 7 - 0 to authorize
the City Staff to proceed with the repair of the roof
of the Police Department building and appropriate funds
to cover the cost of the repair.
Police Report - November, 1981
(Agenda Item XI -D)
Police Chief Richard Carroll presented to and spoke before the
Council on the Summary of Activities of the Police Department for
the period ending November, 1981.
There was no action taken on this item.
Update on Service Center/
City Hall Annex
(Agenda Item XI -E)
City Manager Jon McCarty advised the Council that the
finalization of the plans for the Service Center/City Hall
Annex would be forthcoming to them for review probably at
a meeting in January, 1982. Hopefully, the plans for the
School District facilities would be completed by that time
in order that both facilities could be reviewed.
There was no action taken on this item.
Adjournment
MOTION: Upon a motion made by Councilman Andrew and seconded by
Councilman McClure, the Council voted 7 - 0 to adjourn
the regular session of the Allen City Council into the
Executive Session at 12:15 a.m.
In accordance with Article 6252-17 (Open Meeting Law),
V.A.T.C.S., Section 2(g), the Council convened into Executive
Session at 12:17 a.m. to discuss matters pertaining to real
estate.
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ALLEN CITY COUNCIL
December 17, 1981 Page 10
The Executive Session was adjourned at 12:35 a.m.
These minutes approved on the 7th day of January
1982.
Micley Pierson, MAYOR
SAA
Marty Hendrx CITY SECREiTARY
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