Min - 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
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Marty Hendrix CITY SECRETARY