Min - City Council - 1981 - 06/18 - RegularALLEN CITY COUNCIL
Regular Session
June 18, 1981
Present:
Mickey Pierson, Mayor
Council Members•
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Glenn Andrew
Ward Paxton
Richard L. Chumbley
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 7:30 p.m. on Thursday, June 18, 1981 at
Rountree Elementary School, 800 E. Main Street.
CONSENT AGENDA (Agenda Item II)
Upon a motion made by Councilman Andrew and seconded by Council-
man Chumbley, the Council voted 7 - 0 to approve all items on the
Consent Agenda as recommended and as follows:
A. Minutes of June 4, 1981 - Regular Session
B. Authorization to City Staff to pay bills associated
with the 1979 - 82 Capital Improvements Program as
follows:
1. Ross & Kirby, Inc., Certified $660.00
Public Accountants
Examination of Revenue Funds,
Receipts & Disbursements,
12 month period to April 30, 1981
2. Murray Development Company - $10,192.82
Sanitary Sewer Line to new
Fire Station No. 2
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ALLEN CITY COUNCIL
June 18, 1981
Page 2
Presentation
and Consider
Action
on the Street
Assessment
Policy
(Agenda Item
III)
City Manager Jon McCarty reviewed the state laws governing
assessments by city governments, procedures to be followed, policies
of other local cities; presented cost figures as examples of assess-
ments by adjoining property owners on a proposed street paving project;
gave advantages and disadvantages of street assessments, advised of
time periods allowed for payments of street assessments; and posed
considerations which the City Council could adopt as a policy for
street assessments.
Since there were several residents in attendance wishing to
speak before the Council on the proposed street assessment policy,
the following residents were allowed to speak before the Council and/or
pose questions to the Council and City Manager on the proposed street
assessment policy:
Rex Womack, 911 Pebblebrook, spoke before the Council in
opposition to a street assessment policy in residential
neighborhoods.
At the request of William G. Campbell, 807 Pebblebrook,
the City Secretary read a letter from Leo Hollon, 815
Pebblebrook, into the record, which was in opposition to
residential street assessment. (See Attachment No. 1)
Other residents speaking in opposition to a street assessment
policy for residential areas and/or posing questions pertaining
thereto were:
William G. Campbell, 807 Pebblebrook
David Binns, 806 Pebblebrook
Betty MCMenamy, property owner on Butler Road
William D. Kapka, 909 Meadowmeade
Frank J. Pieczynski, 712 Pebblebrook
Dennis Tarrillon, 717 Pebblebrook
Theresa Cales, 810 Pebblebrook
Jim Bob Chriesman, 812 Pebblebrook
Terry Atwell, 900 Federal Drive
The Council discussed and answered questions regarding the
street assessment policy as proposed, also the handling of the
street repairs at the present time, the original construction of
Pebblebrook Drive, the assessment of commercial property and the
repair of existing streets by petitioning of the adjoining property
owners and assessment for that repair by the adjoining property
owners.
Upon a motion made by Councilman Chumbley and seconded by
Councilman McClure, the Council voted 7 - 0 to deny the paving
assessment policy as presented by City Staff.
In further discussion, it was the consensus of the Council
that City Staff look into the development of an assessment policy
for commercial property and assessment of property owners who
want to petition for improvement of their streets. vn
ALLEN CITY COUNCIL
June 18, 1981
Page 3
Presentation and Consider Action
on the Street Assessment Policy (Agenda Item III)
Barbara Gentry, 615 Hefner, and Pam Eaton, 306 Ellis, asked
further questions on street assessment policies and procedures.
Mayor Pierson recessed the regular session at 9:15 p.m. The
meeting reconvened at 9:28 p.m.
Resolution No. 348: Concerning the
Wastewater Treatment Facility Proposed
by the North Texas Municipal Water
District (Agenda Item IV)
Councilman Paxton advised the Council that he had conducted
a telephone poll with the residents of Allen on their opinion of
the proposed site for the wastewater treatment plant. He had
selected at random, from the voters' registration list, a total
of 156 residents, who had indicated the following responses:
20 residents were for the proposed site
63 residents were against the proposed site
73 residents had no position on the matter
Council discussed various points of consideration which were
presented at the called - special meeting held on June 17, 1981.
Rex Womack, Allen resident and member to the Citizens Advisory
Committee, spoke before the Council on the work of the committee and
their recommendations.
Mayor Pierson advised that the North Texas Municipal Water
District had requested the City of Allen show their support for the
project, the City of Lucas had requested the City of Allen express
opposition to the project site, and the City Staff had prepared a
resolution stating that the City Council would defer any action on
the proposed treatment plant site until all of the evidence has been
reviewed by the Citizens Advisory Committee and a recommendation is
brought forth.
Mayor Pierson read the proposed Resolution No. 348 into the
record.
Upon a motion made by Councilman Daugherty and seconded by
Councilman Chumbley, the Council voted five (5) for and two (2)
opposed, with Councilman Paxton and Councilman Andrew casting
the negative votes, to adopt Resolution No. 348.
Mayor Pierson further advised that he planned to attend the
public hearing to be held on June 26, 1981 and would present the
adopted resolution.
ALLEN CITY COUNCIL
June 18, 1981
Page 4
+ Review Specifications and Authorize
Staff to Seek Bids on Computer Hard-
ware and Software System (Agenda Item V)
Jon McCarty advised that upon the recommendation of the City
Council, the City Staff had undertaken the project of the need
for a computer system and what would be reguired,and the City
Staff had prepared their findings and recommendations, which were
to be presented at this time.
Bob Acker, Fire Marshall, and Linda Midtling, Finance Depart-
ment, spoke before the Council on the computer information which
they had compiled, as well as the specifications which they had
prepared for the letting of bids.
Council discussed with City Staff various areas of their
report, such as the specifications, the training to be provided,
the service agreement, security access to files, different computer
terminology, the type of software program for municipalities,
types of programs other cities used, the use of a consultant to
determine the City of Allen's particular needs, and perhaps the
need for a prebid conference with the prospective vendors that
are interested in bidding on the computer.
After considerable discussion, it was the consensus of the
City Council to proceed with the bidding process, however, the
City Staff would work out specifics with a Council -appointed
committee of Council Members Joe Farmer, Glenn Andrew, Ward Paxton,
and Jim McClure as to perhaps the use of a consultant and in
interviewing prospective vendors.
Accept Resignation and Appoint
Replacement on the Allen
Industrial Board
(Agenda Item VI)
Upon a motion made by Councilman Andrew and seconded by Council-
man Chumbley, the Council voted 7 - 0 to accept Councilman Paxton's
resignation from the Allen Industrial Board with appreciation.
Mayor Pierson advised that he would like to submit the name
of Betty Jones, Manager of Southwestern Bell and a resident of Allen,
as a nominee to replace Mr. Paxton, however, he wanted an opportunity
to talk with her to see if she would be amenable to serving on this
board.
There were no other nominees suggested.
There was no action taken on this item.
Review the Proposed Thoroughfare
and Land Use Plan for the City of
Plano
(Agenda Item VII)
City Manager Jon McCarty presented to the Council the preliminary
thoroughfare plan for the City of Plano and pointed out various
extensions of streets and how they would relate to the City of Allen.
ALLEN CITY COUNCIL
June 18, 1981 Page 5
Review of Proposed Thoroughfare
and Land Use Plan for the City
of Plano (cont'd) (Agenda Item VII)
Various streets pointed out were Carpenter (in Plano) connecting
with Chaparral Road (in Allen), the extension of Highway 5 being
rerouted, Los Rios Boulevard, and Hedgecoxe Road.
It was the consensus of the Council and City Staff that the
preliminary thoroughfare plan of the City of Plano was in agreement
with the master plan of thoroughfares for the City of Allen.
There was no action taken on this item.
First Reading of the Ordinance
Annexing Approximately 30 Acres
of Land, Located East of Jupiter
and South of Park Place Drive (Agenda Item VIII)
Mayor Pierson read the proposed annexation ordinance caption
into the record as follows:
"An Ordinance of the City of Allen, Collin County, Texas,
Annexing to the City of Allen, Texas, a Total of 30.85
Acres of Land Out of the G. W. Ford Survey, Abstract
No. 328, in Collin County, Texas, and Extending the
Boundary Limits of the City so as to Include Said Herein-
after -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.
Police Activity Report - May 31, 1981 (Agenda Item IX -A)
The City Council reviewed briefly the police activity for
the month ending in May 31, 1981 with Police Chief Richard Carroll.
There was no action taken on this item.
Review of the Park Board Minutes (Agenda Item IX -B)
John Uland, Director of Parks and Recreation Department,
presented the minutes of the Park Board Meeting of June 11, 1981
to the City Council. He advised of the action taken by the Park
Board on the soccer fields, and he advised of the request by the
Allen Sports Authority on the need of soccer fields for the coming
soccer season.
Mr. Uland updated the Council on the leasing of some additional
land to be used as soccer fields and the use of work parties,made
up of Allen residents,to bring this land into shape to be used as
fields.
ALLEN CITY COUNCIL
June 18, 1981 Page 6
Review of Park Board Minutes (cont'd) (Agenda Item IX -B)
Council also discussed with Mr. Uland the playground equipment
at the old middle school, which had been obtained by the Jaycees
and given to the City, and what would become of the equipment.
Mr. Uland is to check into the use of the equipment with the School
District and report back to the Council.
Update on Bethany Drive Paving
and Right -of -Way Acquisition (Agenda Item IX -C)
City Manager Jon McCarty presented a color -coded plat showing
the existing Bethany Road and the proposed realignment, along with
the property located east of U.S. 75 and west of the Southern Pacific
Railroad. He advised the Council of the right-of-ways which are
to be obtained from the adjoining property owners, those being
John Deere, Exxon Corporation and Charles Forbes.
It was the consensus of the City Council to authorize the
City Manager to proceed with entering into the right-of-way agree-
ments with the appropriate property owners.
Cablevision Hookup Date (Agenda Item IX -D)
Bob Acker, Fire Marshall, updated the City Council on the
services available to the City in regard to the cable television
franchise with Cablevision. It can be used in such areas as
public safety, public service announcements, televising the
Council meetings, etc.
The Council discussed various aspects of cable television.
There was no action taken on this item.
Mr. William Kapka, 909 Meadowmeade, spoke before the Council
on various problems he had with the cable television company.
Water & Sewer Rate
Study Update (Agenda Item IX -E)
City Manager Jon McCarty advised that Mr. Joe N. Null had
been selected as the consultant for the City of Allen to do the
water and sewer rate study.
There was no action taken on this item.
General Discussion
An Allen resident living on Thoreau Lane discussed with the
Council and the City Manager the recent back-up of the sewer system
into several of the residents on Thoreau Lane. The gentleman
discussed with the Council the liability of the City of Allen in
the incident and what preventive measures were going to be taken
by the City to preclude this from happening again.
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ALLEN CITY COUNCIL
June 18, 1981
Page 7
General Discussion (cont'd)
The Council also discussed the recent heavy rains and the
large amount of water on various streets in the City of Allen,
such as Allen Heights Drive.
With no further discussion, a motion was made by Councilman
Daugherty and seconded by Councilman McClure to adjourn the
regular session at 12:05 a.m. The Council voted 7 - 0 in favor
of the motion.
These minutes approved on the 2nd day of JULY , 1981.
Mick`son, MAYOR
Marty Hendrix, ITY SECRETARY '
11
ATTACHMENT TO MINUTES OF JUNE 18, 1981
TO ARMS, TO ARMS - THE CITY STAFF IS COMING!
..-ear Euitor:
,, repressive as taxation without representation is, so it is with street repair assessment,
a preponderance of justification, substantiation and representation. If the property
on Pebblebrook can be forced into unfair debt, so can the other Allen property owners!
--eit and appreciate your concern and backing of our objection and opposition to the
..,rook Street resurfacing and especialiv the manner in which it is recommended to be
a:.erd - by the property owners on Pebblebrook.
.c you members of the city council:
1. Who is the person, or persons, that originally suggested Pebblebrook be repaved?
There is nothing wrong with the street that a good cost effective, preventive
maintenance program could not remedy. Had such a program been in effect, the
two inch and four inch "chug -holes" would not have grown into two foot and four
loot ones!! (It is noted that these holes have been "temporarily" repaired in the
past few days, which is several months too late!)
i. Where is the major damage to the stre:..? Only :rom Greenville Avenue (Highway
5) to Sycamore Creek Road, that is, the first north -south street east of the new
high school baseb!1 diamond and grounds. And who was it that caused and
zggrevated the chug -hole problem to an almost unnavigable -by -car condition?
Why, the city and/or the city contractor(s) who built the baseball facilities! First
came the large, heavy dirt hauling vehicles for the cut and fill, then the off-site
hauling of the excess dirt and deleterious material, followed by the on-site hauling
of sand for the diamond and the sand, concrete and materials required for paving
the parking lot. Heavily loaded truck, trucks, trucks! And this work was preceded
by a cut across Pebblebrook near Hieh:va; Z,"
_ -7-4c Presume, a sewer and/ue
water line) which was improperly repaired as to soil stabilization and blacktop
application. So why should we Pebblebrook residents be required to pay for a tax -
supported city project that was extremely detrimental to the integrity of the
street?
(ANO CG wS Y0.VtT O,.I
Of special note and importance is the fact that during the pavingiof the new
streets and several homes south of Pebblebrook to FM 2170, the majority of the
hauling and concrete work was performed by trucks, that used Pebblebrook as the
main access thoroughfare and they also contributed neavily to Pebblebrook's
deterioration. The street was never buil[ to carry such truck traffic! What is the
liability of the contractor(s) who caused this damage? What is their involvement
in sharing costs of street repairs with the city using our tax money?
ATTACHMENT TO MINUTES OF JUNE 18, 1981
If you take a P. ::.Onu..our of Petiole: w,: .....:nat it is no more in need
of a total, costly raj)aving job than a. s2cal. sttaet in this area. I believe
you will vote "NO" h—nssment and epa.ir."l.
Who are the of the city coa.:il staff% llo yc_ mlave'o0% faith and trust
in their professional abilities? Any private interests? oa:gh their recun-
mendation, use the trust the voters bestowed on yor, and vote your conscience as
if you lived on Peoblebrook.
Leo A -,ion
815 Pebolebrook
Allen, Texas 75002
I