Min - City Council - 1983 - 02/03 - RegularALLEN CITY COUNCIL
REGULAR SESSION
February 3, 1983
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Don Rodenbaugh
Ward Paxton
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 7:31 p.m. on Thursday, February 3,
1983, 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 Rodenbaugh, the Council voted 7 - 0 to
approve and adopt all items on the Consent Agenda as
recommended and as follows:
A. Approval of January 20, 1983 Minutes - Regular
Session
B. Authorization to City Staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program
as follows:
1. Texas Power & Light Company $55,049.00
Contract No. 800705R - Con-
struction of Bethany Road, Butler
Drive, & Pebblebrook Drive -
Installation of 25 street lights
along Bethany Road with underground
facilities
2. Joe Barton King $ 780.00
Hillside Ball Park - Preliminary
planning for backstop and netting
for period of October 22, 1982 -
January 31, 1983
3. Ronald E. Fix & Associates $ 1,983.49
Contract No. 800705R - Con -
IL struction of Bethany Road,
Butler Drive & Pebblebrook
Drive - Final Billing -
Engineering Fee and Inspection
Fee for December & January
4. Austin Paving Company $82,912.26
Contract No. 800705R - Con-
struction of Bethany Road,
Butler Drive & Pebblebrook
Drive - Payment No. 16
The motion carried.
End of Consent Agenda
ALLEN CITY COUNCIL
February 3, 1983
Page 2
Public Hearing: Requests for Annexation
for 635.403 acres of land
West of U. S. 75, north
of Rowlett Road and south
of State Highwa 121 (Agenda Item III)
Mayor Pierson read the request into the record as follows:
"Public Hearing on a Request for Annexation of land north
of Rowlett Road and south of State Highway 121 and west
of U. S. 75."
City Manager Jon McCarty presented a map showing the
location of the properties and advised that the following
individuals had requested annexation into the Allen city limits:
E-Systems, Inc. - 217.261 acres
Doyle Samuel Stacy - 30 acres & 8B.7 acres
Dorothy Stacy Wood
Glen W. Pete fish - 149.904 acres
Veda S. Stacy - 97.394 acres
Charles B. Key - 52.144 acres
City Manager Jon McCarty advised that an on-site public
hearing had been held at 11:30 a.m. on this date at the inter-
section of Stacy Road and U. S. 75, and minutes of that hearing
had been provided to the City Council.
i Mayor Pierson opened the public hearing on the annexation
requests. No one appeared to speak either for or against the
requests. Mayor Pierson closed the public hearing.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman McClure, the Council voted 7 - 0 to approve
the annexation requests. The motion carried.
City Manager McCarty advised the Council that an annexation
ordinance would be forthcoming at a future Council meeting to
complete the annexation process of these properties.
Review of the Proposed Collin
County Bond Program (Agenda Item IV)
Clarence Daugherty, Director of Public Works for Collin
County, spoke before the City Council on the initiation of the
subcommittees for input on the proposed bond program, the recom-
mendations of the subcommittees and the review of those recom-
mendations and a request for input from the City of Allen on
these items.
Mr. Daugherty presented the proposed capital improvement
projects for the bond election program which consisted of the
renovation of the old Collin County Courthouse; renovation of
the old county jail; renovation of the Plano Subcourthouse;
health services; improvements to the county jail; construction
of a fire/police facility and a central maintenance facility;
construction of road, bridges and thoroughfares; providing for
open space, a youth park, junior livestock facility and the
Farmers' Market.
The Council discussed with Mr. Daugherty the tax impact
to county residents with the passage of all of these proposed
bond projects, the current bond indebtness by the county, how
much is needed for bond retirement, why May 7th was chosen as
the election date, leasing out office area in the old courthouse
to the private business sector, the proposal to purchase additional
land for the Farmers' Market site, input on the roads and highways
projects and the funding, the timeframe that input is needed back
ALLEN CITY COUNCIL
February 3, 1983
Page 3
Review of the Proposed Collin
County Bond Program (Agenda Item IV)
to the Collin County Commissioners especially on the Farmers'
Market proposal, the number of people on the subcommittee,
who they were and how the recommendations were compiled.
City Manager McCarty advised that this item would be placed
Von the City Council's agenda for their meeting of February 17, 1983
in order to provide for some written input back to the Collin
County Commissioners' Court on these bond proposals from the City
Council.
This item was received as a matter of information.
There was no action taken on this item.
Review of Information on Lone
Star Gas Rate Appeal (Agenda Item V)
City Manager Jon McCarty advised the City Council of the
action to date on the Lone Star Gas rate increase request, the
appeal to the Railroad Commission and advised of the date set
for the pre-trial hearing, being February 29th.
Mr. McCarty advised that he had talked with the consultant,
Mr. Bill McMorries, and Mr. McMorries had provided various options
available to defend the Council's action of denying the rate increase
request. Mr. McCarty reviewed those options with the Council.
Mr. McCarty then reviewed with the City Council the issues
pointed out and stressed by the City Council when the rate increase
request was denied and that those issues could be presented by
the City Council in testimony before the Railroad Commission at
the pre-trial hearing.
Mr. McCarty advised the Council that Lone Star Gas Company
had contacted him about meeting with the City Council to work
out a suitable arrangement so that the case does not have to
go the Railroad Commission.
Mr. McCarty also advised that the City Attorney had advised
that he did not feel comfortable defending this case before the
Railroad Commission and offered the names of several others with
experience in this field and the estimated costs for services.
The Council discussed with City Staff the fact that the
estimated costs for counsel services for defense in this hearing
were too exorbitant, why the city attorney did not feel comfortable
handling this case, had the City Staff contacted the suggested
counsels proposed by the city attorney, whether the City Council
should again meet with Lone Star Gas Company to try and work out
a settlement, a suggestion that City Staff contact attorney Lou
Nichols to handle this case, consult with Mr. Nichols on asking
for a delay in filing the pre-trial testimony, consulting with
Mr. Nichols as to the approach to take in this case and meeting
with the City Council on such, and perhaps seeking an answer as
to why the Railroad Commission even considers hearing a case
which requests only a 5% increase in rates.
The Council discussed appointing a Council Committee to
meet with Mr. Nichols in order to discuss the proper approach
for defense in this matter, with Mayor Pierson and Mayor Pro
Tem Farmer volunteering to meet with Mr. Nichols. All Council
Members who can be available were invited to attend also.
It was the consensus of the City Council to direct the
City Manager to contact Mr. Lou Nichols to see if he would
handle this case, consult with him on the request for delaying
the pre-trial testimony, consult with him on meeting again with
Lone Star Gas Company to work out a settlement, and arrange a
meeting as soon as possible to work out the details.
ALLEN CITY COUNCIL
February 3, 1983 Page 9
Mayor Pierson recessed the regular session of the Allen City
Council at 9:03 P.M. The meeting was reconvened at 9:12 p.m.
Approval of Items Related to the
Collin Square Residential Develop-
ment and Attachment of Documents
to Planned Development No. 7 (Agenda Item VI -A)
Mayor Pierson advised that the Planning and Zoning Commission,
at their meeting of January 27, 1983, recommended approval of the
preliminary landscape plan, declarations of covenants, restrictions
and conditions, and the homeowners' agreement as satisfying the
requirement of Planned Development No. 7, Section 2(a), for
Phase I of Collin Square.
Marilyn Putnam, with Fox & Jacobs, spoke before the Council
on the preparation of the homeowners' agreement, the declaration
of covenants, restrictions and conditions, and the preliminary
landscape plan; and the work with the Planning and Zoning Com-
mission on these documents and review of them by the City Attorney.
There was considerable discussion between the City Council
and Mrs. Putnam on Article IV "Rights of the City", in the home-
owners' agreement regarding whether the city would ever want to
maintain the common areas of this development, with the City
Council stressing that the city would not want to take on that
responsibility.
MOTION: Upon a motion made by Councilman McClure and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
approve the preliminary landscape plan, the homeowners'
agreement, and the declarations of covenants, restrictions
and conditions to be made a part of Planned Development
No. 7, Section 2(a), for Phase I of Collin Square, in
accordance with the recommendations of the Planning and
Zoning Commission, as stated. The motion carried.
Approval of Final Plats for
Phase I, II, III for Collin
Square Residential Development (Agenda Item VI -B)
Tom Cravens, with Fox & Jacbos, presented to and spoke before
the Council on the three (3) final plats for Phases I, II, and III
of the Collin Square residential development.
Mr. Cravens explained that Phase I contains the cluster homes,
Phase II contains the single family and duplex development and
Phase III contains the courtyard additions.
Mr. Cravens also reviewed the streets running through the
development, the cul-de-sac streets, fire lanes, and open space.
He advised that the sewer system was being upgraded and a new
lift station would be provided, as well as clearing of the
creek area, trying to maintain the tree line on the west side of
this development, and the timeframe for construction.
The Council discussed with Mr. Cravens the dedicated streets
in the cluster home development, the fact that the private drives
would be owned by the homeowners' association and would be maintained
by that association, as well as the sewer lines and water lines.
The Planning and Zoning Commission recommended to the City
Council that these three (3) final plats be approved as submitted
at their meeting held on January 27, 1983.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
approve the three (3) Finals Plats for Phases I, II, and
III of the Collin Square residential development as sub-
mitted and in accordance with the recommendation of the
Planning and Zoning Commission as stated. The motion
carried.
�j
ALLEN CITY COUNCIL
February 3, 1983
Page 5
Consideration of Items Related
to the Use of Hillside Softball
Fields (Agenda Item VII)
Mark Thornton, Director of Parks and Recreation, provided the
Council with a brief background of the problems experienced at
the Hillside softball fields, the meetings held with residents
and softball players and coaches to receive input and try and
find solutions to those problems, and then he presented the
may' city staff recommendations.
Mr. Thornton presented a design for a barrier netting to be
constructed to keep foul balls from hitting adjacent homes and
provided a sample of the net. Other recommendations included a
backstop extension, rules to solve the parking problem, restrictions
of pedestrian traffic in alley, no alcohol beverages, additional
maintenance for litter, restrictions for men's league and tournament
play at Hillside, as well as some improvements to Hillside Park to
include a general clean up, erosion/drainage control along alley,
painting and repairing the concession stand and storage building,
and establishing an open and ongoing communication with residents
and players and the city to address the problems as they arise.
Ron Workman, Chairman of the Parks & Recreation Board, spoke
before the Council on the various aspects of the city staff's
recommendations.
The following individuals spoke before the Council regarding
they opinion of the city staff's recommendations:
Charles Jones, 929 Meadow Mead (a resident near Hillside Park)
Priscilla Jones, 929 Meadow Mead
Steve Meek, 415 Allenwood Drive (representing the Eagle
Sports Center and the
players and coaches)
There was considerable discussion among the City Council
and city staff on the recommendations and approaching other
alternatives to try and solve the problems at Hillside Park, some
of those being the use of the Jupiter Road fields, buying lights
for the Allen High School field and using it for play, contracting
with the Toxins Rod and Gun Club and using their fields for play,
the use of Reed Park field, removing men's and co-ed play from
Hillside and utilizing it for only women's and children's leagues,
and proposed improvements at Hillside and the new rules to be
imposed there.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Offutt, the Council voted four (4) for
and three (3) opposed, with Mayor Pierson, Mayor Pro
Tem Farmer, and Councilman Rodenbaugh casting the
negative votes, to reject the city staff's recommendations.
The motion carried and the recommendations were rejected.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Daugherty, the Council voted six (6) for
and one (1) opposed, with Mayor Pro Tem Farmer casting
the negative vote, to direct the city staff to bring
back cost estimates on bringing the Jupiter Road fields
in line for league play; costs to light the Allen High
School field, costs and availability of contracting for
use of the Texins Rod and Gun Club fields for play; an
estimated timeframe in which all of this work can be
accomplished, as well as bringing back improvements pro-
posed for the Hillside Park, to be accomplished in a
timely manner for Council's review. The motion carried.
ALLEN CITY COUNCIL
February 3, 1983
Page 6
Mayor Pierson recessed the meeting at 11:10 p.m. The meeting
reconvened at 11:22 p.m.
Review of Agreement on Utilities
for the West Side Development of
the Factory Outlet Mall Site (Agenda Item VIII)
Mayor Pierson advised the City Council that he had written
in their behalf a letter to the Mayor and City Council of McKinney
regarding their action on the proposed annexation of the factory
mall site and a copy had been provided to the Council.
City Manager Jon McCarty presented a site plan of the approx-
imately 66 acre tract of land showing the proposed location of
the factory outlet mall, parking area, ingresses/egresses to the
facility and a major road connecting the service road for U. S. 75
and State Highway 121.
Mr. McCarty then presented a map showing the proposed water
and sewer lines to this mall site, being a 24" line running up
U. S. 75 from McDermott to Stacy Road then a 12" line along the
southern boundary of the mall site. He then explained where the
nearest sewer line and lift station were located and how those
utilities would be provided to this site.
Mr. McCarty advised that the developer was willing to pay
for all off-site costs for construction of these utilities as
long as they can be reimbursed for those expenditures.
Mr. McCarty then reviewed the proposed agreement drawn up
between the City of Allen and Belz Enterprises which spelled out
the construction to be done for the utilities and the terms for
repayment of those costs.
The Council discussed with Mr. McCarty the terms of the
agreement in regard to paying back the expenditures using the
pro -rata costs in addition to using sales tax revenues, various
aspects relating to the pro -rata costs to be paid by future
developers, what portion of the salestax revenues would be used
to make payment to developer and what timeframe would be estab-
lished for payback, whether the cost to carry would be passed
on through the pro -rata costs, and whether the city would be
setting a precedent by handling this development in this manner.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 7 - 0 to author-
ize the execution of the agreement between Belz Corporation
and the City of Allen providing for the construction of
utilities to their proposed development at the southwest
corner of U. S. 75 and State Highway 121. The motion
carried.
Award of Bid on Construction
of Park Place Drive (Agenda Item IX)
Mr. Fix advised that it was the city staff's recommendation to
award the bid to the low bidder, being Uvalde Construction in the
amount of $227,419 for the base bid,which is west Park Place Drive,
and in the amount of $402,186 for a 37' street for east Park Place
Drive which is Alternate No. 1.
City Manager Jon McCarty reviewed with the City Council the
amount of available funds to pay for this street project and the
status of obtaining the right-of-way on Park Place East for con-
struction of the 37' wide street.
Ron Fix, City Engineer,
presented the
bid
tabulations received
for the construction of Park
Place Drive,
east
and west, and advised
the Council had the bids were
let and the
plans
for construction
of Park Place Drive.
Mr. Fix advised that it was the city staff's recommendation to
award the bid to the low bidder, being Uvalde Construction in the
amount of $227,419 for the base bid,which is west Park Place Drive,
and in the amount of $402,186 for a 37' street for east Park Place
Drive which is Alternate No. 1.
City Manager Jon McCarty reviewed with the City Council the
amount of available funds to pay for this street project and the
status of obtaining the right-of-way on Park Place East for con-
struction of the 37' wide street.
ALLEN CITY COUNCIL
February 3, 1983
Page 7
Award of Bid on Construction
of Park Place Drive (cont'd) (Agenda Item IX)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to award
the contract to the Uvalde Construction Company, being
the low bidder, in the amount of $227,419 for construction
of Park Place West (base bid); and in the amount of
$402,186 for construction of Park Place East (Alternate
No. 1) at a 37' width, with the option that if the right-
of-ways for the 37' width cannot be negotiated, the city
staff can proceed with the construction of the 21' width.
The motion carried.
Award of Bid on Phone System
for New Municipal Annex (Agenda Item X)
City Manager Jon McCarty advised the Council of the bids
received on the phone system, briefly reviewed the criteria
included in the bid specifications, and advised that the city
staff's recommendation was to award the bid to Communications
Corporation of America for a lease/purchase agreement in the
amount of $782.63 per month for a period of 60 months.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman Offutt, the Council voted 7 - 0 to award
the bid to Communications Corporation of America for a
lease/purchase agreement in the amount of $782.63 per
month for a period of 60 months in accordance with the
city staff's recommendations. The motion carried.
Review of Quarterly
�.Financial Report (Agenda Item XI)
Linda Midtling, Finance Director, presented to and spoke
before the Council on the quarterly financial report, which
included income statements of general and water/sewer funds
for the quarters ended December 31, 1981 and 1982; Revenues
for the quarters ended December 1981 and 1982; Department
Expenditures compared to Budget for quarter ended December 31,
1982; and the Departmental Expenditures for the quarters ended
December 1981 and 1982.
The City Council briefly discussed various aspects of
these statements.
Ms. Midtling advised the Council of the work being done on
the audit for the city.
This item was received as a matter of information. There
was no action taken on this item.
Review and Comment on Greenwood Valley
Draft Environmental Impact Statement (Agenda Item XII)
City Manager Jon McCarty advised the Council of the recom-
mendations of the Planning and Zoning Commission concerning
the draft of the Environmental Impact Statement for Greenwood
Valley done by the U. S. Department of Housing and Urban Deve-
lopment.
Mayor Pierson advised the Council of the background of this
study and why it had been completed.
The Planning and Zoning Commission recommendations were:
1. Except for the concerns outlined in the minutes of
their meeting held on January 27, 1983 regarding the
study, the Commission stated that in their opinion the
result of the study is reasonably clean.
G
ALLEN CITY COUNCIL
February 3, 1983 Page 8
Review and Comment on Greenwood Valley
Draft Environmental Impact Statement (cont'd) (Agenda Item XII)
2. In the opinion of the Commission, the FHA provides
the lowest interest rates and best form of financing
for projects of this nature.
3. The Planning and Zoning Commission, after review of
the draft and areas of concern related to sewer capabilities,
strongly encourages HUD, EPA, and other affected state
and federal agencies to expedite the approval of the pro-
posed North Texas District Sewer Treatment Plan, known
locally as the Wilson Creek Site for a sewer treatment
plant.
The Planning and Zoning Commission has requested that the
City staff submit a copy of this review to the North Central Texas
Council of Governments and request that this review be taken into
full consideration prior to the preparation of the final draft.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to
accept the recommendations of the Planning and Zoning
Commission as stated above. The motion carried.
Accept the Resignation of a
Planning & Zoning Commission
Member - Place No. 2
(Agenda Item XIII)
Mayor Pierson advised the City Council of the letter of
resignation from Mr. Jack Decatur, Place No. 2 on the Planning
and Zoning Commission.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
accept the resignation of Jack Decatur from the Planning
and Zoning Commission, Place No. 2. The motion carried.
Tax Report - January 31, 1983
(Agenda Item XIV -A)
Walter Curtis, Tax Assessor/Collector, presented to and
spoke before the Council on the Schedule of Taxes Receivable
as of January 31, 1983.
This item was received as a matter of information. There
was no action taken on this item.
High Grass and Weeds Ordinance (Agenda Item XIV -B)
City Manager Jon McCarty advised the City Council that the
city staff would be bring back for their review an ordinance
dealing with high grass and weeds.
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 City Council of the upcoming
Collin County Public Officials Meeting and Annual Banquet to be
held on Friday, February 11, 1983 and encouraged all members to
attend.
32
ALLEN CITY COUNCIL
February 3, 1983 Page 9
Adjournment
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman McClure, the Council voted 7 - 0 to
adjourn the regular meeting of the Allen City Council
at 12:41 a.m. The motion carried.
1983. These minutes approved on the 17th day of February
12
M. B. Pierson, MAYOR
Marty Hendrix, C TY SECRETARY
A