Min - 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