Min - City Council - 1981 - 05/21 - RegularALLEN CITY COUNCIL
Regular Session
May 21, 1961
Present:
Mickey Pierson, Mayor
Council Members:
Jim McClure
H. R. Daugherty
Glenn Andrew
Ward Paxton
Absent:
Joe Farmer, Mayor Pro Tem
Richard L. Chumbley
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S.,
Section 2g, the Allen City Council met in Executive Session at 6:30 p.m.
on Thursday, May 21, 1981, at Rountree Elementary School to discuss
matters pertaining to personnel.
The regular session of the Allen City Council was called to order
by Mayor Pierson at 7:30 p.m. on Thursday, May 21, 1981, at the
Rountree Elementary School, 800 East Main Street.
Mayor Pierson read a "thank you" note received from the
Gentry T. Jones (former Mayor for Allen) family in appreciation
for flowers sent by the City for Mr. Jones' funeral.
CONSENT AGENDA
(Agenda Item II)
Upon a motion made by Councilman Paxton and seconded by Council-
man Daugherty, the Council voted 5 - 0 to approve and adopt all items
on the Consent Agenda as recommended and as follows:
A. Minutes of May 7, 1981 - Regular Session
B. Minutes of May 11, 1981 - Called - Special Session
C. Set date for Public Hearing for June 4, 1981 to consider
a rate increase request from Lone Star Gar Company dated
March 19, 1981.
D. Set date for Public Hearing for June 4, 1981 to consider
a request to annex 30 acres of land located east of
Jupiter Road and south of Park Place Drive, being the
site of the W. E. "Pete" Ford Middle School.
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ALLEN CITY COUNCIL
May 21, 1981
CONSENT AGENDA (cont'd)
Page 2
E. Ordinance No. 340: Amending Article VI, Division 2
and Section 1-46, "Speed in School Zones; Signs in
School Zones", of the Allen Vehicle and Traffic Code,
Ordinance 259, as Previously Amended by Ordinances Nos.
274, 309 and 329, of the City of Allen, Texas; Altering
Established Zones; Altering Prima Facie Maximum Speed
Limits Established in Such Zones During Certain Periods
on School Days; Defining Such Periods and "School Days";
Making It Unlawful to Pass within School Zones; Pro-
viding Penalty Clauses, Severability Clauses and an
Effective Date. (This ordinance establishes the 20 mph
speed limit for the Gene M. Reed Elementary School.)
Public Hearing: Special Exception Use (Agenda Item III -A)
12' x 26' Subdivision Sign
Fox & Jacobs - Timberbend I
Mayor Pierson read the request into the record as follows:
"Zoning special exception use to construct a subdivision sign
in the Timberbend Subdivision."
Delores Weaver, with the Weaver Company, spoke before the Council
on behalf of Fox & Jacobs in regard to this request. She advised
that there presently exists in the Oak Hill Subdivision a 12' x 26'
double faced, at a height of 30', subdivision advertising sign for
the Fox & Jacobs' Accent homes. Ms. weaver is requesting that the
sign be moved and placed in the Timberbend I Subdivision, on Lot 9,
located on the corner of Allen Heights Drive and Crestwood Court.
Mayor Pierson opened the Public Hearing. No one appeared to
speak either for or against the request. The Public Hearing was
closed.
There was a brief discussion on the requirements for screening
of the ground lights used to illuminate those types of subdivision
advertising signs and also the number of subdivision signs Fox &
Jacobs presently has in that area and at what locations.
Upon a motion made by Councilman Andrew and seconded by Council-
man McClure, the Council voted four (4) for and one (1) opposed, with
Mayor Pierson casting the negative vote, to deny the special exception
use request. The motion carried and the request was denied.
Public Hearing: Extension of Special (Agenda Item III -B)
Exception Use
10' x 20' Subdivision Sign
Goodman Homes - High Meadows II
Mayor Pierson read the request into the record as follows:
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May 21, 1981
Page 3
Public Hearing: Extension of Special (Agenda Item III -B)
cont'd Exception Use -
Goodman Homes
"Zoning special exception use to maintain a subdivision sign
in the High Meadows II Subdivision."
The proponent was not present to speak before the Council on
behalf of the request.
Mayor Pierson opened the Public Hearing. No one appeared to
speak either for or against the request. The Public Hearing was
closed.
Upon a motion made by Councilman Andrew and seconded by Council-
man McClure, the Council voted 5 - 0 to table this request until the
next regular Council meeting.
Public Hearing: Annexation of 8.00 Acres (Agenda Item III -C)
David Wetsel Survey
Abstract No. 977
800 E. Main Street
Mayor Pierson read the request into the record as follows:
"Consideration of annexation of 8 acres located at 800 E.
Main Street."
Mayor Pierson advised that the City of Allen had received a
letter from Dr. Horn, Superintendent of the Allen Independent School
District, advising them that the School Board of Trustees approved
a resolution requesting annexation of the 8 acres of land presently
being the D. L. Rountree Elementary School Site, 800 E. Main Street,
into the city limits of the City of Allen.
Mayor Pierson advised the Council of the annexation proceedings
schedule.
Mayor Pierson opened the public hearing. No one appeared to
speak either for or against the request. The Public Hearing was
closed.
There was no action taken on this item.
Request to Appear from Bob Spradlin
to Discuss Soccer Fields
(Agenda Item IV)
Mr. Bob Spradlin, 913 Wandering Way, read the petition request
into the record as follows:
"We the undersigned City tax payers of Allen do hereby petition
for improvement of soccer fields in the City of Allen, Texas.
We believe the quality of such fields should be brought up to
at least the playing quality of the City baseball playing fields."
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May 21, 1981
Page 4
Bob Spradlin - Soccer Fields (cont'd) (Agenda Item IV)
Mr. Spradlin presented to the City Council the signed petitions
containing approximately 400 signatures.
Mr. Spradlin spoke before the Council on the poor conditions
of the soccer fields in the City of Allen, the need for mowing,
the lack of needed fences for the fields, the need for lighted
fields, and Mr. Spradlin questioned the use of balled trees left
for an extended period of time at the Hillside Park.
Other City of Allen citizens who spoke before the Council in
regard to this matter were:
Tom Johnson, 705 Concord
Richard Poland, 900 Meadowmead
Roger Humphreys, 909 Wandering Way
Joe Murphy, 915 Roaming Road
Jerry Branum, 905 Valleyview Drive
Wendell Housley, 812 Cypress Drive, Chairman of the Parks &
Recreation Board, also spoke before the Council and advised of the
meeting between the Parks & Recreation Board and the Allen S_oorts
Authority regarding the soccer fields.
There was considerable discussion by the Council with the
citizens present on the condition of the fields and the need for
mowing, leveling, grading, planting new sod and watering of the
soccer fields in Allen.
It was the consensus of the City Council that in order for
the City Staff and Council to answer and/or reply to all the
questions made by the citizens at this meeting, the citizens should
submit in writing all of their questions and/or comments to the
City Manager. The City Manager would in turn research the questions
and provide the interested parties with a written reply in the form
of a letter. The letters would be reviewed by the City Council and
the Park and Recreation Board.
Consideration of Items Related
to the Issuance of $500,000 in
Water & Sewer Revenue Bonds (Agenda Item V)
Ordinance No. 345: Authorizing the Issuance of $500,000 "City of
Allen, Texas, Waterworks and Sewer System Revenue Bonds, Series
1981, dated June 1, 1981, as Authorized by the General Laws of
the State of Texas, Particularly Article 1111 et seq., V.A.T.C.S.;
Prescribing the Form of Said Bonds and the Form of the Interest
Coupons; Pledging the Net Revenues of the City's Combined Waterworks
and Sanitary Sewer System to the Payment of the Principal of and
Interest on Said Bonds; Enacting Provisions Incident and Related
to the Subject and Purpose of This Ordinance; and Providing an
Effective Date.
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May 21, 1981 Page 5
Water & Sewer Revenue Bonds (cont'd) (Agenda Item V)
J. D. Buchanan, bond agent, presented the proposed ordinance
and a summary of the debt requirement for the $500,000 Water &
Sewer System Revenue Bonds and spoke before the Council on the bonds.
City Manager Jon McCarty pointed out that these bonds would
be used to fund the 24" water line from McDermott to Bethany Road
and the raising of the elevated Hillside Water Tank.
Upon a motion made by Councilman Andrew and seconded by Councilman
McClure, the Council voted 5 - 0 to adopt Ordinance No. 345.
Mayor Pierson recessed the regular session at 8:44 p.m. The
meeting reconvened at 9:00 p.m.
Consideration of Awarding a
Contract on the McDermott to
Bethany Road Water Line (Agenda Item VI)
Ron Fix, City Engineer, presented to the Council the bid
tabulation sheets for the bids received on the Bethany Road Water
Line, Contract No. 810207B. He reviewed the bids received with the
Council and advised that he recommended award of the bid to the
lowest bidder, being Cullum Construction Company in the amount of
$199,290.00, with 75 days for construction.
Upon a motion made by Councilman McClure and seconded by Council-
man Daugherty, the Council voted 5 - 0 to award the contract for
the water line to Cullum Construction Company in the amount of
$199,290.00 as recommended by the City Engineer.
Consideration of Action on
the Proposed Farmers Market
(Agenda Item VII)
Mayor Pierson advised that he, City Manager Jon McCarty, Collin
County Judge Nathan White and Collin County Commissioner Howard Thornton
had met to discuss the Farmers Market. From that meeting the
City had drafted a letter agreement to the Collin County Commissioners
regarding the provisions for operation of the Collin County Farmers
Market within the City of Allen's extraterritorial jurisdiction.
The Commission had reviewed the letter, made some revisions and
returned the letter agreement to the Council for their review and
consideration.
City Manager Jon McCarty reviewed the revised letter agreement
with the City Council and pointed out the revisions.
There was discussion with the Chief of Police, Richard Carroll,
on state law requirements for police protection in that area by the
Allen Police Department.
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May 21, 1981 Page 6
Proposed Farmers Market (cont'd) (Agenda Item VII)
Upon a motion made by Councilman Paxton and seconded by Council-
man Daugherty, the Council voted four (4) for and one (1) opposed,
with Councilman McClure casting the negative vote, to enter into
the letter agreement with the Collin County Commissioners as revised.
Consideration of a Moratorium
on Zoning Amendment Requests
(Agenda Item VIII)
Resolution No. 344: Placing a Moratorium on Review of All Zoning
Amendment Requests Received by the City Council or By the Planning
and Zoning Commission; and Setting the Effective Date for the
Moratorium to Begin on Friday, May 22, 1981.
Mayor Pierson advised the Council that there was a definite
need for the moratorium on zoning requests while the City was in
the process of reviewing and adopting a new Zoning Ordinance and
map. A proposed resolution had been prepared for the Council
to determine the number of days needed for the moratorium.
There was a brief discussion on the number of days needed
for the moratorium.
Upon a motion made by Councilman Andrew and seconded by
Councilman Daugherty, the Council voted 5 - 0 to adopt Resolution
No. 344, declaring a moratorium on the review of zoning amendments
by the City Council and the Planning and Zoning Commission for a
period of 90 days.
Approval of Plans & Specifications
and Authorization for Bids on Reed Park (Agenda Item IX -A)
Ron Fix, City Engineer, presented to the Council the plans,
specifications, and a site plan of Reed Park, showing the proposed
lighted tennis courts, playground, baseball field, soccer field,
parking area, and landscaping.
There was discussion on the lighted tennis courts and the
proposed surface and construction, the possibility of lighting
the soccer fields in the future, review of the grant application
by the Texas Parks and Wildlife Department, and City Manager
McCarty advised the Council of the survey done by the state on
the number of lighted tennis courts needed for a community the
size of Allen.
Upon a motion made by Councilman Andrew and seconded by
Councilman McClure, the Council voted 5 - 0 to approve the plans
and specifications for Reed Park and authorize the receipt of bids,
subject to approval of the plans and specifications by the Texas
Parks and Wildlife Department.
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May 21, 1981 Page 7
Approval of Plans & Specifications
and Authorization for Bids on Walden
Park and Rolling Hills Park (Agenda Item IX -B)
Ron Fix, City Engineer, presented to the Council the plans,
specifications, and a site plan of each for Walden Park and Rolling
Hills Park showing the playground areas, landscaping, etc.
After a brief discussion on the completion time for construction of
the parks, a motion was made by Councilman Daugherty and seconded by
Councilman Paxton to approve the plans and specifications and
authorize the receipt of bids on Walden and Rolling Hills Parks. The
Council voted 5 - 0 in favor of the motion.
Approval of Plans & Specifications
and Authorization for Receipt of Bids
for Street Construction for Bethany
Road, Pebblebrook and Butler Drive (Agenda Item IX -C)
Ron Fix, City Engineer, presented to the Council the plans,
specifications, and drawings of the proposed street construction
for Bethany Drive, Pebblebrook and Butler Drive.
Mr. Fix explained that the construction on Bethany Drive would
be from U. S. 75 to State Highway 5 and from State Highway 5 to
Jupiter Road. Street construction on Pebblebrook would be the
entire existing street. Construction on Butler would be in three
parts, that being from Main Street to Belmont, from Belmont to the
entrance of the new proposed Service Center/City Hall Annex, and
from the entrance to the south property line.
There was considerable discussion on the establishment of a
street assessment policy before any further street construction
is done in Allen. City Manager McCarty advised the Council that
he felt an outline for an assessment policy could be ready for
their review at the Council meeting of June 9, 1981.
There was further discussion on the timetable for construction
of Bethany Road, Butler Road in all three phases and Pebblebrook
and the cost of funding this street construction project.
Upon a motion made by Councilman Paxton and seconded by
Councilman Daugherty, the Council voted two (2) for and three (3)
opposed, with Mayor Pierson, Councilman McClure and Councilman
Andrew casting the negative votes, to table this item until the
issues of an assessment policy for property owners can be addressed.
The motion failed.
There was further discussion on the need to proceed with the
authorization to receive bids on the street construction for all
of the proposed streets.
Upon a motion made by Councilman Andrew and seconded by
Councilman McClure, the Council voted 5 - 0 to approve the plans
and specifications and authorize the receipt of bids for Bethany
Drive and Butler Drive, and the construction of Pebblebrook Drive
to be an optional item.
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May 21, 1981
Page 8
Authorization to Enter Into a
Contract on a Water & Sewer
Rate Study (Agenda Item X)
City Manager Jon McCarty spoke before the Council on the scope
of the proposed study and the items to be considered in the water
and sewer rate study. He further advised that he had received
several proposals from various companies, those being URS (formerly
Forrest & Cotton); Shimek, Jacobs & Finklea; Bill R. MCMorries; and
Joe M. Nall & Associates. The cost of such a study could be from
$5,000 to $15,000.
There was discussion on the company being required to present
their data with quality display materials that are easily understood.
City Manager McCarty advised that the consultant would have
at least one, or perhaps two, work shops with the Council and a
public hearing would be held on their results.
Upon a motion made by Councilman Paxton and seconded by
Councilman Dauaherty, the Council voted 5 - 0 to authorize the
City Manager to enter into a contract for a water and sewer rate
study.
Police Activity Report (Agenda Item XI -A)
City Council briefly reviewed the Police Department's Summary
of Activities for the month of April, 1981.
There was no action taken on this item.
Report on the North Texas Municipal (Supplemental Agenda
Water District Sewer Construction Projects Item XI -B)
City Manager Jon McCarty advised the Council of the status
of the facility plan for the wastewater treatment facility proposed
to be located in the City of Lucas' extraterritorial jurisdiction.
He further advised that there has been scheduled a public hearing
on June 26, 1981 where the North Texas Municipal Water District
will receive testimony on the proposed wastewater treatment plant.
Prior to that hearing, a resolution would be prepared for the
Council's consideration,stating the City of Allen's support for
this project.
There was considerable discussion on the position the City
of Allen should take at this time. It was pointed out that the
opinion of the citizens of Allen on this proposed project and at
the proposed location should be taken into consideration before
the City Council makes a final decision.
In further discussion, it was the consensus of the Council
that a newspaper article be written concerning this controversial issue,
including a request for input from the citizens be made to the
Mayor and City Council on how the citizens felt about the proposed
facility and the proposed location.
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ALLEN CITY COUNCIL
May 21, 1981
Ordinance No. 346: Authorizing the Entry
Into an Execution of a Contract Between
the City of Allen, Texas, and Exxon Cor-
poration, a New Jersey Corporation, Relative
to the Construction of a Water Line In,
About and to Certain Property Owned by Exxon
Corporation Lyina Within the Boundary Limits
of the City; Providing for a Credit to Exxon
Corporation for Future Assessments Levied by
the City Against the Particular Piece of
Property Described Herein and Owned by Exxon
Corporation; and Providing for the Effective
Date of Said Ordinance.
Page 9
(Supplemental Agenda
Item XII)
City Manager Jon McCarty advised the Council of the proposed
ordinance and contract to be entered into with Exxon Corporation
on the construction of the water line along Bethany Road.
Upon a motion made by Councilman Andrew and seconded by
Councilman Paxton, the Council voted 5 - 0 to adopt Ordinance
No. 346.
General Discussion
Mayor Pierson advised the Council that they should be thinking
of names of individuals that they would like to serve on the Board
for the Collin County Farmers Market, perhaps one member being from
the Allen City Council. Council Members were to contact those
individuals to see if they would serve and contact the City Manager's
Office with names of those interested individuals.
Upon a motion made by Councilman Daugherty and seconded by
Councilman McClure, the Council voted 5 - 0 to adjourn the regular
session at 11:18 p.m.
These minutes approved on the
Marty Hen�ix CITY SECRETARY
4th day of June , 1981.
Y'I. \
Mic ey Terson, MAYOR
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