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Min - City Council - 1983 - 10/20 - RegularALLEN CITY COUNCIL REGULAR SESSION October 20, 1983 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Don Rodenbaugh Ward Paxton Dennis Offutt City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Executive Session In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S., Section 2(g), the Allen City Council convened into Executive Session at 7:00 p.m. on Thursday, October 20, 1983, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to discuss matters pertaining to personnel. The Executive Session adjourned at 7:25 p.m. Regular Session The regular session of the Allen City Council was called to order by Mayor Pierson on Thursday, October 20, 1983 at 7:38 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item III) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of the October 6, 1983 City Council Minutes - Regular Session B. Authorization to City Staff to pay bills associated with the 1979 - 82 Captial Improvements Program as follows: 1. Marquette Lease Services, Inc. $ 765.75 Contract No. 13216 - Lease/Purchase of Telephone System for Allen Municipal Annex - October, 1983 The motion carried. End of Consent Agenda ALLEN CITY COUNCIL October 20, 1983 Page 2 Appointment to Fill an Unexpired Term to Place No. 7 on the Planning & Zoning Commission (Agenda Item IV -A) Mayor Pierson advised of the vacancy in Place No. 7 on the Planning and Zoning Commission due to the resignation of Larry Larsen. The unexpired term is due to expire in June of 1984. Mayor Pierson opened the floor for nominations to that place. Mayor Pro Tem Farmer nominated Wayne Armand. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 that the nominations cease and that Wayne Armand be appointed by acclamation to Place No. 7 on the Planning and Zoning Commission. The motion carried. Mayor Pierson advised that Mr. Wayne Armand had been appointed to Place No. 7 on the Planning and Zoning Commission, with his term of office to expire in June of 1984. Appointment of Chairman and Secretary to the Sign Control Board (Agenda Item IV -B) Mayor Pierson advised the Council that it was the responsi- bility of the Council to appoint the Chairman and Secretary of the Sign Control Board at this time since the officers' service runs concurrently with the terms of office. The Chairman had been Rick Alexander and the Secretary had been Don Kirkindoll, whose terms had expired in September of 1983. Those individuals had been reappointed to the Sign Control Board for a two year term of office. Now There was discussion by the Council on the appointment of the officers of the Sign Control Board as compared to the appointment of the officers for the Zoning Board of Adjustment, the officers now serving on the Board of Adjustment, why the Council has to appoint the Sign Control Board officers, and making the officers of both boards the same since they serve in a dual capacity. Mayor Pierson opened the floor for nominations for the Chairman and Secretary for the Sign Control Board. Mayor Pro Tem Farmer nominated Don Kirkindoll as the Chairman and John Karlsruher as the Secretary. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 that the nominations cease and that Don Kirkindoll be appointed as the Chairman and John Karlsruher as the Secretary to the Sign Control Board by acclamation. The motion carried. Appointment to Alternate No. 2 on the Board of Adjustment Mayor Pierson advised the Council that with the appointment of Wayne Armand to the Planning and Zoning Commission, that now left a vacancy in Place No. 2 on the Board of Adjustment/Sign Control Board. Mayor Pierson opened the floor for nominations to Place No. 2 on the Board of Adjustment/Sign Control Board. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted 7 - 0 to appoint George Chrisman to Place No. 2 on the Board of Adjustment/ Sign Control Board, to replace Wayne Armand, with the term of office to expire in September of 1984. The motion carried. j5B ALLEN CITY COUNCIL October 20, 1983 Page 3 Plague -of -Appreciation to Bob Acker, Fire Marshal (Agenda Item V) Mayor Pierson presented a plaque -of -appreciation to Bob Acker, who was resigning from the city and had served as Assistant Fire Marshal, Fire Marshal and Emergency Preparedness Coordinator since his first appointment in May of 1975. Mayor Pierson extended the appreciation of the Council and city staff for the work Mr. Acker had done. Public Hearing: Annexation of Land 179.04 Acres - Location: Located West of U.S. 75, North of F.M. 2170 and South of Rowlett Road Requestor: OPUBCO Properties, Inc./ Sibley & Wolff (Agenda Item VI) Mayor Pierson read the request into the record as follows: "Public Hearing on a Request to Annex 179.04 Acres of Land Located West and Adjacent to U.S. 75, North and Adjacent to F.M. 2170, and South and Adjacent to Rowlett Road." Doyle Patterson, with Weir & Associates, representing the requestor, presented a large scale drawing of the property, an aerialphoto showing its location and spoke before the Council regarding the annexation of the land into the City of Allen. Mayor Pierson opened the public hearing. A representative of the OPUBCO Properties, Inc., also briefly spoke before the Council on annexation of this property. With no one else wishing to speak either for or against this request, Mayor Pierson closed the public hearing. There was no action taken on this item. The annexation ordinance will be forthcoming to the Council at the November 17th meeting. Approval of a Combination Preliminary & Final Plat on 1.829 Acres, Located West of S.H. 5 between Thoreau Lane and High Meadow Drive (Agenda Item VII) Bill Jones, with the Exchange Group, Inc., presented to and spoke before the Council on the preliminary and final plat on 1.829 acres of land out of the Lewis Wetzel Survey, Abstract No. 978, located as fronting on the west side of State Highway 5, and extending approximately from the intersection of Thoreau Lane to north side of High Meadow Drive intersections. Mr. Jones also presented for the Council's review a grading plan of the property and a water and sewer plan showing the utility easements on the property. Mayor Pierson advised that the Planning and Zoning Commission, at their meeting of October 13, 1983, had recommended approval of this preliminary and final plat as presented. Bill Petty, Director of Community Development, spoke before the Council on the city staff's review of the plat and that the plat met all of the city's code and platting requirements. a 54 ALLEN CITY COUNCIL October 20, 1983 Page 4 aG0 Approval of a Combination Preliminary & Final Plat - 1.829 Acres (continued) (Agenda Item VII) There was considerable discussion by the Council with Mr. Jones and Robert Pittman on the portion of the property, a small triangular piece, which was not included in the platting of this property; how the water and sewer lines would be con- structed; how the adjoining property to the south would connect to those lines; and who would be responsible for the construction of utilities on the portion of the property creating a gap in the utilities, why the small piece of land was not platted, and why the piece of land was not useful to this development. Bill Petty, Director of Community Development, spoke before the Council on the construction of the utilities to service this property and the adjoining property to the south if it was developed. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 7 - 0 to approve the combination preliminary and final plat for the 1.829 acres of land as presented and in accordance with the recommendation of the Planning and Zoning Commission, as stated. The motion carried. Review for Approval the Proposed Outline of the Rowlett Creek Corridor Study (Agenda Item VIII) Ron Workman, Chairman of the Parks and Recreation Board, presented to and spoke before the Council on the "Request for Proposal" for the Planning Policies and Development Alternatives for Protection and Management of the Rowlett Creek Flood Plain and Environs Within the City of Allen. Mr. Workman provided background information on the work by the Parks and Recreation Board on the outline preparation for the request for proposal and the work with the consultant, James Mertes. Mr. Workman advised that the Parks and Recreation Board, at their regular meeting on August 8, 1983, recommended approval of the Rowlett Creek Study Request for Proposal, and at a joint meeting of the Parks and Recreation Board and the Planning and Zoning Commission on September 19, 1983, a recommendation was made by both bodies that the City Council review and approve the Rowlett Creek Study Request for Proposal. There was considerable discussion by the Council with Mr. Workman on the date that the city would go out for bids with the request for proposal, timeframe for receipt of the proposals, when the decision had to be made on someone to do the study, the anticipated cost of the study, how the study would be funded, and timeframe for completion of this project. There was a brief discussion on the action to be taken by the Council and the reasoning of the request for proposal before the Council. It was concluded that the request for proposal was a draft document for the Council's review and approval. If changes were needed, then recommendations for those changes should be made and the final document would be prepared. It was the consensus of the City Council that the city staff and the Parks and Recreation Board proceed with the preparation of the final document in order to proceed with the authorization to seek bids on the Rowlett Creek Corridor Study. There was no action taken on this item. aG0 ALLEN CITY COUNCIL October 20, 1983 Page 5 Ordinance No. 468-10-83: An Ordinance Pre- scribing Regulations Governing Garbage and Refuse in the City of Allen; Defining Terms; Prescribing Regulations for Garbage Recepta- cles; Establishing Collection Fees; Estab- lishing Collecting Agent; Prescribing for Regulation Governing Permits; Establishing Prohibited Acts; Providing for a Penalty of no More than One Thousand Dollars ($1,000.00) for the Violations of this Ordinance; Pro- viding for Repeal of Conflicting Ordinances; Providing for a Severability Clause; Providing for the Publication of the Caption of this Ordinance and an Effective Date Hereof. (Agenda Item IX) City Manager McCarty advised the Council of the finalization of the proposed ordinance prescribing regulations governing garbage and refuse in the city and the contract to be entered into between the city and SCA, Inc., of Dallas, who was awarded the bid for solid waste collection in the city. Mr. McCarty advised that the only significant change was that the date of initial collection by SCA would begin on December 1, 1983. The Council discussed the possibility of the discontinuance of service by Southern Sanitation before the December 1st date and if SCA was prepared to begin pick-up of solid waste immediately. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 to adopt Ordinance No. 468-10-83, as captioned above, and to authorize the execution of the contract with SCA, Inc. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 8:42 p.m. The meeting reconvened at 8:52 p.m. Approval of Specifications and Authorization to Receive Bids for an Underfired Asphalt Dispenser - Road Repair Kettle for the Street Department (Agenda Item X -A) Bill Petty, Director of Community Development, presented to and spoke before the Council on the specifications for the under - fired asphalt dispenser - road repair kettle. Mr. Petty advised how the piece of equipment would be bene- ficial to the Street Department and how it is used, and that funds for this equipment would be made through the use of revenue sharing funds out of the 1982 - 83 budget. Mr. Petty advised that the city staff's recommendation was to approve the specifications and authorize the receipt of bids for this equipment. The Council briefly discussed various aspects of the specifi- cations, the anticipated cost of this equipment, the street equip- ment to be purchased with bond funds in this year's budget and the need to sell bonds to receive those monies. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to approve the specifications and authorize the receipt of bids for an underfired asphalt dispenser - road repair kettle per the city staff's recommendation. The motion carried. At this time the Council discussed the status of the construc- tion of Park Place Drive; why it had not been completed, especially the portion running east of the Ford Middle School Site to Allen Heights Drive; when it was anticipated that it would be completed; and why the contractors had left the site to return at a later date. ALLEN CITY COUNCIL October 20, 1983 Page 6 Discussion on Status of Park Place Drive Construction (Cont'd) City Staff discussed with the Council the need to obtain two additional right-of-ways before construction can take place on the east portion of Park Place Drive, and the anticipated date for the contractor to return to the site and complete that project. i� Approval of Specifications and v Authorization to Receive Bids on a Tractor and Riding Mowers - Parks Department (Agenda Item X -B) Mark Thornton, Director of Parks & Recreation, presented to and spoke before the Council on the specifications for the tractor and the riding mowers. Mr. Thornton reviewed the specifications and advised that this equipment would be purchased on a lease/purchase or purchase plan for four to five years, and funding of the 1983 - 84 budget would be with the use of revenue sharing funds. Mr. Thornton advised that the city staff's recommendation was to approve the specifications and authorize the receipt of bids for this equipment. The Council discussed with Mr. Thornton the purchase of two riding mowers with a 50" cutting width rather than the purchase of one riding mower with a 72" cutting width and the productivity that can be achieved. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the specifications and authorize the receipt of bids for a tractor and riding mowers in accordance with the recom- mendations of city staff, as stated. The motion carried. Police Report - September, 1983 and Quarterly Report - July - September, 1983 (Agenda Item XI -A) Police Chief Richard Carroll presented to the Council the Consolidated Summary of Activities of the Allen Police Department for the month of September, 1983 and the Quarterly Report of July - September, 1983. This item was received as a matter of information. There was no action taken on this item. Public Meeting by the Main Street Study Committee (Agenda Item XI -B) City Manager Jon McCarty advised the City Council of the public meeting to be held by the Main Street Study Committee on Thursday, October 27, 1983, at 7:00 p.m. in the cafetorium of Rountree Elementary School, 800 E. Main Street, in order to present their recommendation on the alignment of Main Street through the city and to answer questions posed by citizens on the recommendation. Based upon the outcome of this public meeting, Mr. McCarty advised that the public hearing on the proposal of the Main Street Study Committee would be held at the City Council Meeting of Thursday, November 3, 1983; or if additional information or work is requested and has to be prepared, thenthe public hearing will be placed on the Thursday, November 17, 1983 City Council Agenda. This item was received as a matter of information. There was no action taken on this item. X62 ALLEN CITY COUNCIL October 20, 1983 Page 7 Wilson Creek Wastewater Treatment Plant (Agenda Item XI -C) City Manager Jon McCarty advised the Council of the upcoming public hearing to be held in Austin, Texas at 10:00 a.m. on Thursday, November 3, 1983, in regard to the discharge permit for the Wilson Creek Wastewater Treatment Plant. Mr. McCarty advised of the participation of the interested communities and the need for representation from the City of Allen to attend this public hearing and plans for the trip to Austin. This item was received as a matter of information. There was no action taken on this item. General Discussion Councilman Rodenbaugh brought up for discussion the franchise agreement between the City of Allen and Southwestern Bell Telephone. Councilman Rodenbaugh requested that the city staff flag that franchise for the year 2000 in order to allow the city to take some action before the franchise is renewed for another 20 years. The Council discussed the need for updated equipment in the city, action needed to get Southwestern Bell to provide that equipment, lack of action by Southwestern Bell to meet the city's needs, the condition of the existing equipment in the city, etc. Councilman McClure asked about the status of the annexation reports to the State Comptroller's Office. City Secretary Marty Hendrix advised that the maps were to be prepared to be sent. Councilman McClure asked about the status of the city staff's preparing an ordinance for requirement of business licenses within the city and bringing before the Council for their review and action. City Manager McCarty advised that the city staff will work on that and perhaps bring a recom- mendation before the Council during the month of November. Councilman Womack advised that he had talked with Glen Renfro, Building Superintendent for Collin County, regarding the Collin County Commissioners' reaction to the city's recom- mendation on the Farmers' Market. Mr. Renfro advised that the city needed to write a letter to the Commissioners' Court advising of their action and recommendation on the Farmers' Market. It was concluded that the city staff would provide a letter to the Collin County Commissioners' referencing the minutes of that meeting since they had been approved. aL3 Adjournment into Executive Session MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council into Executive Session at 9:40 p.m. The motion carried. Executive Session (Agenda Item XII) In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S., Section 2(g), the Allen City Council convened into Executive Session at 9:45 p.m. on Thursday, October 20, 1983, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to discuss matters pertaining to personnel. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn the Executive Session at 10:35 p.m. and reconvene into Regular Session. The motion carried. aL3 ALLEN CITY COUNCIL October 20, 1983 Page 8 Reconvene and Consider Action on Items Discussed in Executive Session Relating to Salaries of Council - Appointed Employees (Agenda Item XIII) The Allen City Council reconvened into regular session at 10:38 p.m. on Thursday, October 20, 1983, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted 7 - 0 to approve the new salary levels for the three Council -appointed employees, being the City Manager, City Secretary and Tax Assessor/Collector. The motion carried. Adjournment MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 7 - 0 to adjourn the regular session at 10:50 p.m. The motion carried. These minutes approved on the 3rd day of November 1983. Marty ftendrixb CITY SECRETARY d M. B. Pierson, MAYOR a6'�