Min - City Council - 1983 - 11/17 - RegularALLEN CITY COUNCIL
REGULAR SESSION
November 17, 1983
Present:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
Rex Womack
Don Rodenbaugh
Ward Paxton
Absent•
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, November 17,
1963, in the Council Chambers of the Allen Municipal Annex, One
Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item II)
At the request of Mayor Pierson, Item II -B "Authorize
Payment of Bills Associated with the Capital Improvements
Program", was removed from the Consent Agenda for individual
consideration.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 6 - 0 to approve
and adopt all remaining items on the Consent Agenda as
recommended and as follows:
A. Approval of City Council Minutes of November 3,
1983 - Regular Session
C. Ordinance No. 475-11-83: An Ordinance of the City
of Allen, Collin County, Texas, Annexing the
Hereinafter -Described Territory to the City of
Allen, Texas, Approximately 179.04 Acres Located
in the W. J. Jackson Survey, Abstract No. 484, and
the William Perrin Survey, Abstract No. 708, 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.
The motion carried.
End of Consent Agenda
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ALLEN CITY COUNCIL
November 17, 1983
Page 2
Authorization to Pay Bills
Associated with the 1979 - 82
Capital Improvements Program (Consent Agenda
Item II -B)
Mayor Pierson asked for clarification of the bill
to be
paid in the amount of $726.50 to Barton Graphics, Inc.
City Manager Jon McCarty advised the Council that
the bill
pertained to a ground sign for the Allen Municipal Annex
which
had to have the lettering corrected.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and
seconded
by Councilman Rodenbaugh, the Council voted 6
- 0 to
approve Consent Agenda Item II -B as recommended
and as
follows:
A. Ronald E. Fix & Associates:
1. Contract No. 821004 - Construction
$ 845.27
of Park Place Drive - Inspection
Fee and Engineering Fee
2. Contract No. 820503C - Construction
$2,325.82
of Utilities for Jupiter Road
Bridge - Inspection Fee and
Engineering Fee
B. Barton Graphics, Inc.
$ 726.50
Contract No. FS 8023 - Construction
of Service Center/City Hall Annex -
Ground Sign for Allen Municipal
Annex and AISD Warehouse Building
C. Cummings Surveying Enterprises:
1. Contract No. 821004 - Construction
$ 150.00
of Park Place Drive - Staking for
November 3, 1983
2. Contract No. 820503C - Construction
$ 260.00
of Utilities for Jupiter Road
Bridge - Staking on Jupiter Road
Bridge Easements
D. DeShazo, Starek & Tang, Inc.
$1,000.16
Contract No. J83093 - Engineering
Services - Allen Main Street
Alignment Consultant Fees from
September 1 - September 30, 1983
E. Marquette Lease Services, Inc. $ 765.75
Contract No. 13216 - Lease/
Purchase of Telephone System for
Allen Municipal Annex -
November, 1983
The motion carried.
Oath -of -Office to John Cahill,
Alternate No. 2 on Board of
Adjustment (Agenda Item III)
City Secretary Marty Hendrix administered the oath -o£ -office
to John Cahill, newly appointed Alternate No. 2 on the Board of
Adjustment.
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ALLEN CITY COUNCIL
November 17, 1983
Page 3
Introduction of New City Staff
At this time, City Manager Jon McCarty introduced to the
City Council, Mrs. Carol Maier, the newly appointed Finance
Director, and Mr. John Lawson, the newly appointed Fire Marshal/
Emergency Preparedness Coordinator.
On behalf of the Allen City Council, Mayor Pierson welcomed
these individuals into the employment of the city.
Site Plan Approval - 2.5 Acres
Proposed Shopping Center Site
Location: Southeast Corner of
Jupiter Road &
F.M. 2170
Requestor: Dal -Tex Development Co. (Agenda Item IV)
Jon C. Carpenter, architect, presented to and spoke before
the Council on the site plan for the Eagle Plaza Shopping Center
to be located on 2.5 acres of land located at the southeast
corner of Jupiter Road and F.M. 2170.
Mr. Carpenter reviewed the site plan which showed the
location of the two retail shopping buildings, open space for a
gazebo building, parking spaces, landscaped areas, and ingresses/
egresses from Jupiter Road and F.M. 2170 to the shopping center.
Mr. Carpenter also presented an artist's rendering of the shopping
center and explained about the construction of the buildings and
the exterior treatments.
Mr. Keith Clowe and Steve Clowe, the developers, were also
present to answer questions posed by the City Council.
The Council discussed the amount of square footage in each
of the retail shopping center buildings, the total number of
parking spaces for this center, the two-way traffic proposed for
around the gazebo building, the location of the ingresses/
egresses off of F.M. 2170 in comparison to the driveways for the
Allen High School, located across from this development.
Bill Petty, Director of Community Development, advised that
this site plan met all of the criteria required by the city and
that it contained a lot of open space for a shopping center
development.
The Council discussed the additional need for right-of-way
from this development for the future improvements to Jupiter
Road and F.M. 2170.
The Planning and Zoning Commission, at their meeting of
November 10, 1983, recommended to the City Council that the site
plan for the Eagle Plaza Shopping Center be approved as
presented.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Mayor Pro Tem Farmer, the Council voted 6 - 0 to
approve the site plan for the Eagle Plaza Shopping
Center as presented and in accordance with the recom-
mendation of the Planning and Zoning Commission, as
'stated. The motion carried.
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ALLEN CITY COUNCIL
November 17, 1983
Page 4
Approval of Preliminary & Final Plat
Cottonwood Creek Multifamily Complex -
12.8 Acres
Location: West of S.H. 5 and
North of Cottonwood
Creek Shopping Center
Requestor: Weston Blair (Agenda Item V)
Bill Petty, Director of Community Development, spoke before
the Council on the need for off-site and oversize requirements
for sewering of this project. Mr. Petty's presentation included
the construction of a sewer line up the Cottonwood Creek; land
uses to be served by the sewer and the expected capacity of the
line; the size of the line needed to serve those uses; the
construction of other sewer lines and where they will be located;
and the costs for construction of the oversize line.
There was considerable discussion between the Council and
the city staff on the existing size of the lines in that area,
the oversize requirements needed in that area, the additional
costs for such lines and how this will affect Mr. Blair's
development.
Mr. Weston Blair presented to and spoke before the Council
on the preliminary and final plat for the 12.8 acres for the
Cottonwood Creek Multifamily Complex, located west of State
Highway 5 and north of the Cottonwood Creek Shopping Center.
The Planning and Zoning Commission., at their meeting of
November 10, 1983, had recommended to the City Council that the
Preliminary and Final Plat for the Multifamily Complex be
approved as presented.
Mr. Blair advised the Council of his dilemma with having to
provide the additional costs of putting in an oversized sewer
line, and the Council discussed the situation with him.
City Manager Jon McCarty advised the Council that the city
staff's recommendation was that the City Council take appro-
priate action on the preliminary and final plat, that the Council
approve the construction of a 36" sewer line from F.M. 2170 to
the northern end of this 12.8 acre development, and to direct
city staff to work with Mr. Blair on a recommendation for the
funding of construction of this sewer line, and to bring back
the recommendation at the next City Council meeting.
MOTION: Upon a motion made by Councilman Paxton and seconded by
Councilman McClure, the Council voted 6 - 0 to approve
the Preliminary and Final Plat of the Multifamily
Complex in accordance with the recommendation of the
Planning and Zoning Commission, as stated; and to
approve the construction of a 36" sewer line from
F.M. 2170 to the northern end of the 12.8 acre tract
and to direct city staff to work with Mr. Blair on a
recommendation for the funding of construction of the
oversize sewer line in accordance with city staff's
recommendation, as stated. The motion carried.
Mayor Pierson recessed the regular session of the Allen
City Council at 8:42 p.m. The meeting reconvened at 9:00 p.m.
Award of Bid and Authorization
to Purchase 50HP Diesel Tractor
for Parks & Recreation Department (Agenda Item VI -A)
Mark Thornton, Director of Parks and Recreation Department,
presented to and spoke before the Council on the preparation of
bids, receipt of bids, bid tabulations and recommendation of the
award of the bid for a 50 HP Diesel Tractor for the Parks and
Recreation Department.
ALLEN CITY COUNCIL
November 17, 1983 Page 5
Award of Bid and Authorization
to Purchase 50HP Diesel Tractor
for Parks & Recreation Department (cont'd) (Agenda Item VI -A)
Mr. Thornton advised the Council that the city staff recom-
mended that the bid be awarded to Dallas Turf Equipment for a
John Deere Model 2240 in the amount of $13,914.00, to be paid
in the amount of $2,782.80 this year and for a period of four
years.
The Council discussed with Mr. Thornton the warranty of
the tractor and the interest rate on the financing of this
equipment.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Womack, the Council voted 6 - 0 to award
the bid to Dallas Turf Equipment for a John Deere
Model 2240 in the amount of $13,914.00, to be paid in
the amount of $2,782.80 beginning this year and for a
period of four more years in accordance with the
recommendation of the city staff, as stated. The
motion carried.
Award of Bid and Authorization
to Purchase Two Riding Mowers,
One Grass Catcher, and One
Rotary Broom Attachment for the
Parks & Recreation Department (Agenda Item VI -B)
Mark Thornton, Director of Parks and Recreation Department,
presented to and spoke before the Council on the preparation of
the bids, receipt of bids, bid tabulations and the recommendation
of the award of the bid for two riding mowers, one grass catcher,
and one rotary broom attachment for the Parks and Recreation
Department.
Mr. Thornton advised the Council that the city staff recom-
mended that the bid be awarded to Dallas Turf Equipment for two
(2) Gravely Pro Master Model 50 Riding Mowers ($4,200.00 each),
one grass catcher ($975.00) and one rotary broom attachment
($975.00), for a total amount of $10,350.00.
The Council discussed with Mr. Thornton the pay -back plan
for the mowers and the financing for this equipment.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman Rodenbaugh, the Council voted 6 - 0 to
award the bid to Dallas Turf Equipment for the purchase
of two (2) Gravely Pro Master Model 50 Riding Mowers,
a grass catcher and a rotary broom attachment, for a
total amount of $10,350.00 in accordance with the
recommendation of the city staff, as stated. The motion
carried.
Ordinance No. 476-11-83: An Ordinance
of the City of Allen, Collin County,
Texas, Amending Ordinance No. 411-9-82
of the City of Allen, Texas; Providing
for Fees for Capital Improvements to
the City's Water and Sewer System;
Providing for Collection of Such Fees;
Providing for a Penalty Clause; a
Severability Clause and an Effective
Date. (Agenda Item VII)
Ernie Hoback, Director of Public Works, presented to and
spoke before the Council on the proposed ordinance to establish
fees for capital improvements to the city's water and sewer
system.
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ALLEN CITY COUNCIL
November 17, 1983
Page 6
Ordinance No. 476-11-83: Providing
for Fees for Capital Improvements
to the Water & Sewer System (cont'd) (Agenda Item VIII
Mr. Hoback reviewed the ordinance with the Council and
advised of the research and work done to establish the proposed
fees. For comparison, Mr. Hoback also reviewed the fees charged
by other cities and provided information on the amount of fees
which could be collected in certain developments now under
construction in the city.
There was considerable discussion on the proposed rates
being too high in comparison to other cities in the area, when
the fees will go into effect and how they will be collected,
the formula established to determine the proposed rates, and
clarification of mobile home fees and single family detached
and attached.
MOTION: Upon a motion made by Councilman Womack and seconded by
Mayor Pro Tem Farmer, the Council voted 6 - 0 to adopt
Ordinance No. 476-11-83 as captioned above. The motion
carried.
Ordinance No. 477-11-83: An Ordinance
of the City of Allen, Collin County,
Texas, Amending the Sign Regulations
Ordinance No. 374-10-81, Section 10-5,
by Requiring that the Sign Control
Board Elect Its Own officers;
Providing for a Penalty Clause, a
Severability Clause, and an Effective
Date. (Agenda Item VIII)
Mayor Pierson advised the Council of the proposed ordinance
which would allow the Sign Control Board to appoint their own
officers and be consistent with the appointment of other boards/
commissions' officers in the city.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Womack, the Council voted 6 - 0 to adopt
Ordinance No. 477-11-83, as captioned above. The motion
carried.
Discuss Proposed Business
Licensing Ordinance (Agenda Item IX)
Bill Petty, Director of Community Development, spoke before
the Council on the research and work recently done in order to
establish business licensing in the city.
Mr. Petty advised the Council of the state law requirements
regarding business licensing and proposed several methods of
imposing the business licensing requirement. Those methods were
tying it to the operation of certain types of businesses and
requiring the examination or testing of workers to insure
qualified people are working for businesses, such as auto repair,
etc.; tying it to the issuance of the certificate of occupancy
to insure that a business is located in a properly zoned area
and the building meets the code requirements; and tying it to an
annual inspection process.
The Council discussed with city staff various aspects of
the proposed methods and the problems with the use of two of
them. It was determined that tying the business license to the
issuance of the certificate of occupancy and raising the cost of
the certificate of occupancy would be the preferable way.
By consensus, the Council directed the city staff to proceed
with the drafting of the ordinance per the discussions at this
meeting.
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ALLEN CITY COUNCIL
November 17, 1983
Page 7
Police Report - October, 1983 (Agenda Item X -A)
Police Chief Richard Carroll presented to and spoke before
the Council on the Consolidated Summary of Activities for the
Allen Police Department for October, 1983.
This item was received as a matter of information. There
was no action taken on this item.
Clarification on Office Requirement
for Solid Waste Contractor (Agenda Item X -B)
City Manager McCarty advised the Councilof the portion of
the solid waste collection ordinance which stated in part that
an office in the city would be provided by the contractor.
In negotiation of the contract with SCA, the new contractor
for solid waste, it was agreed upon that an Allen telephone line
with an answering service would suffice for this requirement.
Mr. McCarty just wanted to clarify that agreement with the
Council before the initiation of the contract effective on
December 1, 1983.
This item was received as a matter of information. There
was no action taken on this item.
General Discussion
City Manager Jon McCarty advised the Council of the issuance
of the discharge permit, by the hearing examiner, for the Wilson
Creek Wastewater Treatment Plant and of the stringent require-
ments placed on the plant for operation.
City Manager McCarty stated that the city .will be meeting
with the North Texas Municipal Water District regarding the plant
and how the recent action will affect the city in cost and
service.
Adjournment
MOTION: Upon a motion made by Councilman Womack and seconded by
Councilman McClure, .the Council voted_6 - 0 to adjourn
the regular session at 10:19 p.m. The motion carried.
These minutes approved on the 1st day of December ,
1983.
/L'
Pierson, MAYOR
Marty Hendrix, CITY SECRETARY
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