Min - City Council - 1983 - 09/01 - RegularALLEN CITY COUNCIL
Regular Session
September 1, 1983
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called
to order by Mayor Pierson at 7:33 p.m. on Thursday, September 1,
1983, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item II -A)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 6 - 0 to approve
and adopt all items on the Consent Agenda as recommended
and as follows:
A. Approval of the August 12, 13, 14, 1983 City Council
Minutes - Lake Texoma Budget Retreat
B. Approval of August 18, 1983 City Council Minutes -
Regular Session
C. Approval of August 25, 1983 City Council Minutes -
Called - Special Session
D. Authorization to City Staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program
as follows:
1. L. E. Delekta, Inc. $ 80,231.94
Contract No. 820503C - Con-
struction of the Utilities
for Jupiter Road Bridge
Payment No. 2
2. Uvalde Construction Company $104,535.18
Contract No. 821004 - Con-
struction and Paving of
Park Place Drive - Payment
No. 5
3. Ronald E. Fix & Associates $ 3,846.75
a. Contract No. 821004 -
Construction and Paving
of Park Place Drive -
Inspection Fee and
Engineering Fee
S4
Present:
Mickey Pierson
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Don Rodenbaugh
Ward Paxton
Dennis Offutt
Absent:
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 7:33 p.m. on Thursday, September 1,
1983, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item II -A)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 6 - 0 to approve
and adopt all items on the Consent Agenda as recommended
and as follows:
A. Approval of the August 12, 13, 14, 1983 City Council
Minutes - Lake Texoma Budget Retreat
B. Approval of August 18, 1983 City Council Minutes -
Regular Session
C. Approval of August 25, 1983 City Council Minutes -
Called - Special Session
D. Authorization to City Staff to pay bills associated
with the 1979 - 1982 Capital Improvements Program
as follows:
1. L. E. Delekta, Inc. $ 80,231.94
Contract No. 820503C - Con-
struction of the Utilities
for Jupiter Road Bridge
Payment No. 2
2. Uvalde Construction Company $104,535.18
Contract No. 821004 - Con-
struction and Paving of
Park Place Drive - Payment
No. 5
3. Ronald E. Fix & Associates $ 3,846.75
a. Contract No. 821004 -
Construction and Paving
of Park Place Drive -
Inspection Fee and
Engineering Fee
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ALLEN CITY COUNCIL
September 1, 1983
Page 2
Consent Agenda (continued): (Agenda Item II)
3. Ronald E. Fix & Associates (cont'd):
Public Hearing: Zoning Change Request
6 Acres - from R-4
to SC
Location: Southeast Corner of
F.M. 2170 and Malone Rd.
Requestor: Willard McDaniel, Inc. (Agenda Item III)
and
Ordinance No. 453-9-83(R): An Ordinance
of the City of Allen, Collin County, Texas,
Amending the Comprehensive Zoning Ordinance
of the City of Allen, As Heretofore, Amended,
So As to Change the Following -Described
Tract of Land from "R-4" Residential Dis-
trict Classification to "SC" Shopping Center
District Classification, Said Tract of Land
Being Described as Follows: Being an
Approximate 6 Acre Tract Located in the
McBain Jamison Survey, Abstract No. 491, in
the City of Allen, Texas; Providing for a
Penalty of Fine Not to Exceed the Sum of
Two Hundred Dollars ($200.00) for Each
Offense; and Declaring an Emergency. (Agenda Item III)
Mayor Pierson read the request into the record as follows:
"Public Hearing on a Zoning Change Request on approximately
Six (6) Acres of Land Located at the Northwest Corner of
Chapparal Road and Jupiter Road."
Myles Minton, with Cambridge Development, presented to and
spoke before the Council on behalf of this zoning change request.
/9j
b. Contract No. 820503C - $ 3,650.33
Construction of Utilities
for Jupiter Road Bridge -
Inspection & Engineering Fee
L4.
Collin County $85,225.00
Project - Allen Heights &
Jupiter Road - Shoulderwork
and Seal Coat
E.
Set September 15, 1983 as Public Hearing Date
on a Request to Annex 1.8298 Acres of Land
Located West of State Highway 5 between Thoreau
Lane and High Meadow Drive.
F.
Set October 6, 1983 as Public Hearing Date on
a Request to Rezone 34.7005 Acres Located at
the Southeast Corner of the Intersection of
F.M. 2170 and Malone Road.
G.
Resolution No. 452-9-83A(R): A Resolution
Adjusting the 1982 & 1980 Tax Rolls of the
City of Allen, Collin County, Texas.
Resolution No. 452-9-83B(R): A Resolution
Adjusting the 1982 Tax Roll of the City of
Allen, Collin County, Texas.
The
motion carried.
End of Consent
Agenda
Public Hearing: Zoning Change Request
6 Acres - from R-4
to SC
Location: Southeast Corner of
F.M. 2170 and Malone Rd.
Requestor: Willard McDaniel, Inc. (Agenda Item III)
and
Ordinance No. 453-9-83(R): An Ordinance
of the City of Allen, Collin County, Texas,
Amending the Comprehensive Zoning Ordinance
of the City of Allen, As Heretofore, Amended,
So As to Change the Following -Described
Tract of Land from "R-4" Residential Dis-
trict Classification to "SC" Shopping Center
District Classification, Said Tract of Land
Being Described as Follows: Being an
Approximate 6 Acre Tract Located in the
McBain Jamison Survey, Abstract No. 491, in
the City of Allen, Texas; Providing for a
Penalty of Fine Not to Exceed the Sum of
Two Hundred Dollars ($200.00) for Each
Offense; and Declaring an Emergency. (Agenda Item III)
Mayor Pierson read the request into the record as follows:
"Public Hearing on a Zoning Change Request on approximately
Six (6) Acres of Land Located at the Northwest Corner of
Chapparal Road and Jupiter Road."
Myles Minton, with Cambridge Development, presented to and
spoke before the Council on behalf of this zoning change request.
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ALLEN CITY COUNCIL
September 1, 1983
Page 3
Public Hearing: Zoning Change Request
from R-4 to SC on
6 Acres of Land and
Ordinance No. 453-9-83 (R) (continued) (Agenda Item III)
Mr. Minton presented a survey plat of the 6.079 acre tract
of land, located at the northwest corner of Chapparal Road and
Jupiter Road, in the MCBain Jamison Survey, Abstract 491, pre-
sently zoned R-4 (Residential) and advised of request to rezone
this property to SC (Shopping Center).
Mr. Minton reviewed the location of the property in relation
to adjoining properties, their zoning, the thoroughfares at this
location, the development of this property into a small retail
strip of stores with perhaps a grocery store, and advised of the
demand and desirability of this zoning at this location.
Mayor Pierson opened the public hearing. The following
individual spoke before the Council in favor of the request:
Charles Moore, 921 Autumn Lake
With no one else appearing before the Council to speak in
regard to this request, the public hearing was closed by
Mayor Pierson.
The Council discussed the location of this property and
reviewed again the adjacent properties and their zoning desig-
nation.
The Planning and Zoning Commission, at their meeting of
July 28, 1983, recommended to the City Council that this request
be approved as presented and noted that the location of the
request was at a major intersection of a proposed six lane and
four lane thoroughfare.
MOTION: Upon a motion made by Councilman McClure, and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve the zoning change request as presented and in
accordance with the recommendation of the Planning and
Zoning Commission, as stated; and to adopt Ordinance
No. 453-9-83, as captioned previously. The motion carried
Tabled Item: Request for Rezoning
on Approximately 409 Acres of Land
Located Adjacent and East of Jupiter
Road, Adjacent and North of Chapparal
Road, Adjacent and West of Cottonwood
Creek, Adjacent and South of Park
Place Drive. (Agenda Item IV -A)
The action on the above referenced request was tabled at the
August 18, 1983 City Council Meeting. The question before the
Council being to approve the request with the elimination of
Tracts 11 (Office), 12 (Shopping Center) and Tract 5 (Garden Homes),
and to extend Tract 10 (Single Family) into the area previously
occupied by Tract 11 and extend Tract 6 (Single Family) into the
areas previously occupied by Tracts 5 and 12, with the inclusion
of the Planning and Zoning Commission's recommendation for site
plan approval on each tract, and to adopt a Planned Development
Ordinance incorporating those changes.
Mayor Pierson advised the City Council of the motions taken
on this item at the last City Council Meeting and the research
done by the City Attorney regarding parliamentary procedure on
this item and the actions that are available to the Council con-
cerning the tabled question.
Mayor Pierson read the request into the record as follows:
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ALLEN CITY COUNCIL
September 1, 1983
Page 4
Tabled Item: Request for Rezoning
(cont'd) 409 Acres of Land (Agenda Item IV -A)
"Tabled Item: Request for Rezoning on Approximately 409 Acres
of Land Located Adjacent and East of Jupiter Road, Adjacent
and North of Chapparal Road, Adjacent and West of Cottonwood
Creek, Adjacent and South of Park Place Drive."
Mayor Pierson then called for a motion to remove the question
from the table. Being no motion to remove the question from the
table, Mayor Pierson declared the question dead.
Mayor Pierson opened the floor for another motion.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by
Councilman Rodenbaugh, the Council voted 6 - 0 to place
the original request, as recommended by the Planning and
Zoning Commission, on the City Council Agenda for their
regular meeting to be held on Thursday, September 15, 1983.
The motion carried.
Tabled Item: Consider Adoption
of a Resolution Establishing
Boundaries Between the Cities
of Allen and Lucas (Agenda Item IV -B)
This item was tabled at the City Council Meeting of
August 18, 1983.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by
Councilman McClure, the Council voted 6 - 0 to remove the
referenced item from the table. The motion carried.
City Manager McCarty spoke before the Council on the proposed
resolution prepared by the City of Lucas, which would establish
boundaries between the City of Allen and the City of Lucas on five
feet east of the center line of F.M. 1378 to Rock Ridge Road to
F.M. 2170 and then to F.M. 2551.
Mr. McCarty advised that he had discussed this resolution
with the Mayor of Lucas, Milton Gosney, and had reached certain
agreements with regard to the placement of the boundary lines on
the roads in order that the City of Allen would have the roads so
that they could be maintained and improved in the future in
accordance with the city's thoroughfare plan.
Mr. McCarty stated that a new proposed resolution would be
redrafted in a contract with the City of Lucas regarding the
boundaries between the two cities, and it will be brought back
before the Council for their consideration at a later date.
The Council discussed the need and desirability to have and
maintain the roads, types of construction for these roads for the
future, and the use of pro rata costs with the City of Lucas on
the improvements made to these roads.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Paxton, the Council voted 6 - 0 to direct
the City Staff and the Mayor to proceed with the needed
consultations with the appropriate officials in Lucas and
bring forth a resolution for the Council's consideration.
The motion carried.
Consider Action on Lone Star
Gas Company's Residential
Conservation Services Program (Agenda Item V)
Mike Schweikhard, Manager of Lone Star Gas Company, spoke
before the Council on the 1978 Federal Legislation regarding the
conservation services program, which consists of a mandated program
requiring that Lone Star Gas Company provide energy audits to its
residential customers.
157
ALLEN CITY COUNCIL
September 1, 1983
Page 5
Consider Action on Lone Star Gas
Company's Residential Conservation
Services Program (continued) (Agenda Item V)
Mr. Schweikhard advised that these audits are paid for by a
surcharge to all Lone Star Gas Company customers.
The Council discussed with Mr. Schweikhard the surcharge, how
it would be administered, why it wasn't a part of the monthly
billing, when it would be initially charged, and what would happen
if the Council delayed action on this item.
Mr. Charles Fetes, with the Dallas Office of Lone Star Gas
Company and the person in charge of this program, spoke before
the Council on the surcharge, the costs that will be covered
with those monies, the initial costs of the program, equipment
that had to be purchased for the program, training for gas
company officials to conduct the audits, notification to the
gas customers regarding the audits, and the continuation of the
audits per the legislation, and the number of audits that have
been conducted for Allen as well as for the entire Lone Star Gas
Company areas.
The Council discussed various aspects of this surcharge and
the city staff's recommendation that no action be taken on this
request. No action by the City Council would result in Lone Star
Gas Company initiating the surcharge with the October billings.
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Councilman McClure, the Council voted five (5) for
and one (1) opposed, with Councilman Paxton casting the
negative vote, to take no action on this item in
accordance with the city staff's recommendation. The
r motion carried.
Mayor Pro Tem Farmer requested that the city write a letter
signed by the Mayor, to the appropriate congressional representa-
tive stating the city's discontent with the law as it now exists.
Mayor Pierson recessed the regular session of the Allen
City Council at 8:30 p.m. The meeting reconvened at 8:40 p.m.
First Reading of Ordinance: To
Annex Approximately 130 Acres of
Land Located Adjacent and South
of F.M. 2170, Adjacent and East
of Allen Heights Drive, and West
of the Greengate Addition (Agenda Item VI -A)
City Secretary Marty Hendrix read the proposed annexation
ordinance into the record as follows:
"An Ordinance of the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described Territory to the City
of Allen, Texas, Approximately 130 Acres Located in the
John Davis Survey, Abstract No. 255, and the Simon Burns
Survey, Abstract No. 92, Collin County, Texas, and
Extending the Boundary Limits of the City so as to
Include Said Hereinafter -Described Property Within the
City Limits and Granting to All Inhabitants and Owners
of Said Property All of the Rights and Privileges of
Other Citizens and Binding All Inhabitants by All the
Ordinances, Acts, Resolutions and Regulations of Said
City; Providing a Severability Clause; and Providing for
the Effective Date of Said Ordinance."
There was no action taken on this item.
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ALLEN CITY COUNCIL
September 1, 1983
First Reading Ordinance: To Annex
Approximately 183 Acres of Land
Located Adjacent and South of
Exchange Parkway, Adjacent and
East of Timberbend Trail, Adjacent
and West of Malone Road and North
of F.M. 2170.
Page 6
(Agenda Item VI -B)
City Secretary Marty Hendrix read the proposed annexation
ordinance caption into the record as follows:
"An Ordinance of the City of Allen, Collin County„ Texas,
Annexing the Hereinafter -Described Territory to the City of
Allen, Texas, Approximately 183 Acres Located in the Peter Fisher
Survey, Abstract No. 324, Recorded in Volume 397, Page 355, of
the Deed Records of Collin County, Texas, and Extending the
Boundary Limits of the City so as to Include Said Hereinafter -
Described Property Within the City Limits and Granting to All
Inhabitants and Owners of Said Property All of the Rights and
Privileges of Other Citizens and Binding all Inhabitants by
All the Ordinances, Acts, Resolutions and Regulations of Said
City; Providing a Severability Clause; and Providing for the
Effective Date of Said Ordinance."
There was no action taken on this item.
Consider Authorizing Appropriation
of Funds for the Construction of
Rolling Hills and Walden Parks (Agenda Item VII)
Mark Thornton, Director of Parks and Recreation, spoke before
the Council on the background of the development of Rolling Hills
and Walden Parks and the planning stages for the sites.
Mr. Thornton reviewed with the Council the various items to
be included in each park site and the comparison of costs with
previous costs estimates. He also advised of the funds available
in the park dedication fund and how the work will be accomplished.
Working with the city staff, the Parks and Recreation Board,
at their regular meeting on August 8, 1983, made the following
recommendations to the City Council for the development of Rolling
Hills and Walden Parks:
Begin and complete Rolling Hills first and during
this construction plan the development of Walden
Park.
Use $18,630.53 of Park Dedication Funds and no more
than $10,000 of Park Bond Funds for Rolling Hills
and recommend at a later date the amount of Bond
Funds for Walden Park.
Develop Rolling Hills with the items listed below:
1. Security Lighting (2)
2. Big Toy
3. Swing Set
4. Play Area Pit with Gravel
5. Sidewalk along Glenwick
6. Bridge
7. Sidewalk to Bridge
8. Fence Along North & West Side
9. Picnic Tables (2)
10. Benches (3)
11. Trees (15)
12. Complete Auto -irrigation System
13. Park Sign
14. Trash Receptacles (2)
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ALLEN CITY COUNCIL
September 1, 1983 Page 7
Consider Authorizing Appropriation
of Funds for the Construction of
Rolling Hills and Walden Parks (cont'd) (Agenda Item VII)
d. Contract all work which cannot be done "in-house"
such as any warranty related construction,
irrigation, earth work, concrete, lighting, etc.
e. Perform all work with city personnel when possible.
f. Follow the schedule listed to coordinate contracted
jobs and work done by city personnel. Contract each
job separately to hold down costs.
1. Installation of irrigation.
2. Installation of the bridge.
3. Construction of pit, lighting, sidewalks, Big Toy
4. Installation of benches, tables, trash receptacles
plant material, and park signs.
The Council briefly discussed the development of these parks
and the funds appropriated to do the job.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 6 - 0 to
authorize the appropriations of funds for the construction
of Rolling Hills and Walden Parks in accordance with the
recommendations of the Parks and Recreation Board, as
stated. The motion carried.
Consider Authorizing Street Bond
Funds to Reconstruct Jupiter
Road North of F.M. 2170 (Agenda Item VIII)
Bill Petty, Director of Community Development, spoke before
the Council of the work done by the city with the county on the
reconstruction of the shoulders on Allen Heights from F.M. 2170 to
Park Place Drive and on Jupiter Road from F.M. 2170 to Chaparral
Road. Construction also included the filling of pot holes and
the seal coating process on these roads, with a cost of $82,000.
In addition, Mr. Petty advised that with the Council's
approval, work was also done on the portion of Jupiter Road,
north of F.M. 2170 to Highway 5,to serve the heavy traffic
going to the Allen Senior High School, with a cost of $3,225.00.
Mr. Petty advised that it was the city staff's recommendation
that authorization for additional funding in the amount of $3,225.00
for reconstruction of Jupiter Road, north of F.M. 2170 to S.H. 5,
be approved by the Council, and that authorization of the expenditure
of $85,225 and that same amount to be escrowed for payment to
Collin County for this total project.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Councilman Offutt, the Council voted 6 - 0 to approve
the expenditures as recommended by the city staff, as
stated. The motion carried.
ALLEN CITY COUNCIL
September 1, 1983
Resolution No. 454-9-83(R):
A Resolution of the City Council of
the City of Allen, Texas, Supporting
the Need for and Desirability of the
Development of a Comprehensive Plan
for the City, Committing to Undertake
and Complete the Master Plan During the
Upcoming Fiscal Year and Directing the
City Staff to Research and Review
Alternate Sources of Funding for
Financing the Comprehensive Plan and
Developing a Plan Outline for Council
Page 8
(Agenda Item IX)
City Manager Jon McCarty presented to and spoke before the
Council on the proposed resolution supporting the need for and
desirability of the development of a comprehensive plan for the
city.
Gary Koch, member of the Planning and Zoning Commission,
spoke before the Council on the needs of the comprehensive plan
for the planning process for the city and all of the development
that the city is experiencing and will continue to have in the future.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 6 - 0 to adopt
Resolution No. 454-9-83(R) as captioned above. The
motion carried.
Review Bids on Solid
Waste Collection (Agenda Item X)
City Manager Jon McCarty advised of the bid opening process
for solid waste collection and the number of bids received, who
the bidders are, and reviewed the spread sheet of the costs bid
for the various items.
Mr. McCarty advised that due to the detail of this bid,
further review of the bid tabulations needed to be made as well
as references checked on the bidding companies. Therefore, the
award of the bid would be forthcoming at the next City Council
meeting after all of this information had been compiled.
Mr. McCarty stated that it was the city staff's recommendation
at this time that the Council eliminate Browning Ferris Industries
and AIDS Disposal from further consideration since they are the
two highest bidders and in order that their bid bonds may be returned.
The Council discussed the disparity in proposed rates for
commercial collection, the definition of a roll -off container,
and why there was a large amount of difference in the charges
in those rates.
MOTION: Upon a motion made by Councilman Offutt and seconded
by Councilman Rodenbaugh, the Council voted 6 - 0
eliminate Browning Ferris Industries and AIDS Disposal
from further consideration in accordance with the recom-
mendation of the city staff, as stated. The motion
carried.
Tax Report - August 31, 1983 (Agenda Item XI -A)
Walter Curtis, Tax Collector/Assessor, presented to the
Council the Schedule of Taxes Receivable as of August 31, 1983.
The Council briefly reviewed the schedule.
This item was received as a matter of information. There
was no action taken on this item.
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ALLEN CITY COUNCIL
September 1, 1983
Page 9
Update on Status of
Codification Conference (Agenda Item XI -B)
City Secretary Marty Hendrix advised the Council of the
recent meeting with a representative of the Municipal Code
Corporation regarding the codification of the city's ordinances,
the review process, and the results of the conference.
Ms. Hendrix stated that the next process is to typeset
the code, send it to the city for review, and the final hardbound
copies would be prepared and ready probably the first part of
1984.
This item was received as a matter of information. There
was no action taken on this item.
Reservations for TML
Conference (Agenda Item XI -C)
Mayor Pierson advised the City Council that reservations
for the Texas Municipal League Conference to be held in
Houston on October 7, 8, & 9, 1983 needed to be sent in, therefore,
any Council Member interested in going should advise the City
Secretary and arrangements would be made.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion
Mayor Pierson advised the Council of the hospitalization of
Councilman Womack and how he is feeling.
Adjournment into Executive Session
MOTION: Upon a motion made by Councilman Rodenbaugh and seconded
by Mayor Pro Tem Farmer, the Council voted 6 - 0 to
adjourn the regular session of the Allen City Council
into executive session at 9:31 p.m. The motion carried.
Executive Session
In accordance with Article 6252-17, (Open Meeting Law)
V.A.T.C.S., Section 2(g), the Allen City Council convened into
executive session to discuss matters pertaining to personnel.
Adjournment
The Allen City Council adjourned the executive session at
9:50 P.M.
These minutes approved on the 15th day of September
1963.
M. "BP,-e-,L,,nMAYOR
arty Hen riz, CITY SECRETARY
.7 01