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Min - City Council - 1981 - 07/02 - Regularf:HiaBPtlIY WLKf111klP1p Regular Session July 2, 1981 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure (arrived at 7:33 p.m.) H. R. Daugherty Ward Paxton Richard L. Chumbley Absent: Glenn Andrew 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, July 2, 1981, at Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) Upon a motion made by Councilman Daugherty and seconded by Councilman Chumbley, the Council voted 6 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Minutes of June 17, 1981 - Called - Special Session B. Minutes of June 18, 1981 - Regular Session C. Ordinance No. 349: An Ordinance of the City of Allen, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, a Total of 8.00 Acres of Land, More or Less, and Out of the David Wetsel Survey, Abstract No. 977, Tract No. 1K, in 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. 0v ALLEN CITY COUNCIL July 2, 1981 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 1 D. Set date for "Proposed Use Hearing" for July 16, 1981 for consideration of use of Revenue Sharing Funds for the Fiscal Year 1981 - 82 Budget. Appearance by Vernon Hayes to Present Petitions on Proposed Location of Wastewater Treat- ment Plant at Wilson Creek Site (Agenda Item III) Vernon Hayes, 926 Wandering Way, appeared before the City Council and read the caption of the petitions into the record as follows: "We the undersigned residents of the City of Allen, Collin County, Texas, do hereby oppose the plan (Alternate C) as proposed by the North Texas Water Municipal District for the location of a water treatment facility and/or land- fill." Mr. Hayes presented the petitions to the Council and advised that they represented just a portion of the petitions being cir- culated at the present time. Mayor Pierson accepted the petitions and advised that the petitions would be on file in the City Secretary's Office and that the other petitions being circulated could be given to the City Secretary when they are completed. There was no action taken on this item. Review of Abandoned and Junk Vehicles Ordinance (Agenda Item IV) Chief of Police Richard Carroll reviewed with the Council the Texas State Laws on abandoned motor vehicles, as well as, the existing City Ordinances No. 80 and 132. Chief Carroll pointed out various discrepancies between State Law and the existing ordinances which need to be corrected in order for the Police Department to enforce the law. Chief Carroll proposed to the Council that the existing Ordinances No. 80 and 132 be repealed and a new "Abandoned and Junk Vehicle Ordinance" be adopted, and advised of what the new ordinance would contain. The Council discussed with Chief Carroll various aspects of the law, such as fees for handling the enforcement of the ordinance, penalty for violation, definition of various types of motor vehicles, use of the words "public hearing" as opposed to "hearing", City official who will conduct the hearing, and the law as it pertains to vehicles in garages. 01 t ALLEN CITY COUNCIL July 2, 1981 Page 3 Review of Abandoned and Junk Vehicles Ordinance (cont'd) (Agenda Item IV) Chief Carroll advised that the new proposed ordinance would be forthcoming at the next regular Council meeting. There was no action taken on this item. Review of the Status of the Jupiter Road Bridge (Agenda Item V) City Manager Jon McCarty updated the Council on the history of the grant program for the Jupiter Road Bridge project with the Texas State Department of Highways and Public Transportation, advised of the letter from the Highway Department authorizing the bridge replacement program, and pointed out the City's respon- sibilities in the project, being the acquisition of right-of-way, relocation and/or adjustment of utilities and services, provide 208 of the actual cost for the bridge replacement, and assume all maintenance responsibilities for the new structure. The Council discussed the construction schedule of the bridge replacement coinciding with the widening of Jupiter Road, funding of the project being with bond funds, and the fact that the bridge replacement has been in the Master Plan. Upon a motion made by Councilman Daugherty and seconded by Councilman Chumbley, the Council voted 7 - 0 to authorize the City Manager to execute the agreement for construction and mainte- nance,with the State Department of Highways and Public Transportation, for the Jupiter Road Bridge replacement project and authorization for City Staff to proceed with negotiations for additional right-of-way and preliminary engineering on water and sewer line relocations. Review and Authorize Engineering on Raising of the Hillside Water Tank (Agenda Item VI) Ron Fix, City Engineer, presented to the Council a project schedule and estimated project cost for the raising of the existing Hillside 500,000 gallon elevated water storage tank and reviewed the schedule and costs. The Council discussed the cost of building a new tank as com- pared to raising the existing tank, the plans for an additional water tank on the west side of U. S. 75 in the future, the better insurance key rate as a result of raising the tank, and how the raising of the tank will be accomplished. Upon a motion made by Councilman McClure and seconded by Councilman Farmer, the Council voted 7 - 0 to authorize the initiation of the engineering required for the raising of the Hillside Water Storage Tank. ALLEN CITY COUNCIL July 2, 1981 Page 4 Mayor Pierson recessed the regular session of the Allen City Council at 8:40 p.m. The meeting reconvened at 9:00 p.m. Authorize Execution of Contracts Related to the Acquisition of Right -of -Way on Bethany Road City Manager Jon McCarty presented showing the existing Bethany Road, the Road, and the adjacent property owners, Charles Forbes, and John Deere Company. (Agenda Item VII) to the Council a small plat proposed realignment of Bethany those being Exxon Corporation, Mr. McCarty reviewed the plat with the Council and provided an update on the agreements between the property owners for some land exchanges which will be closed on July 13th. At that time, the property owners involved will dedicate the right-of-way for the new proposed realignment of Bethany Road, the City of Allen will in turn abandon the old right-of-way of the existing Bethany Road (see proposed Ordinance No. 350), and commitments will be made as to the paving of Bethany Road (see proposed Resolution No. 351). Mr. McCarty reviewed the following proposed ordinance and resolution with the Council: Ordinance No. 350: Providing for the Abandonment of a Portion of Old Bethany Road, Comprising Approximately 1.7 Acres +, from U. S. Highway 75 (on the west) to a Specific Point East Thereof, in the City of Allen and County of Collin, Texas, Within the Limits Hereinafter More Fully Described; Providing for the Sale and Con- veyance Thereof to Charles A. Forbes, Trustee; Providing for the Terms and Conditions of the Abandonment and Conveyance Made Herein; and Providing an Effective Date. Resolution No. 351: Authorizing the Execution of Certain Contracts Concerning the Construction and Reconstruction of a Portion of Bethany Road in the City of Allen. The Council discussed with the City Manager the status of paving Bethany Road from the Southern Pacific Railroad Tracks to State Highway 5 and the verbal commitment of the adjacent property owners to pay for the paving of it. Two property owners had recently indicated their reluctance to pave that portion at this time due to the heavy financial burden it would impose upon them. There was further discussion on the status of the paving of Bethany Road from State Highway 5 to Jupiter Road and the continued extension of Bethany Road to Allen Heights Drive in the future as a major thoroughfare of the City of Allen and the development of property adjacent to it. ALLEN CITY COUNCIL July 2, 1981 Page 5 Authorize Execution of Contracts Related to Acquisition of Right - of -Way on Bethany Road (cont'd) (Agenda Item VII) Upon a motion made by Councilman Chumbley and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Ordinance No. 350 and Resolution No. 351 as presented. Tax Report - June 30, 1981 (Agenda Item VIII -A) Walter Curtis, Tax Assessor -Collector, presented to the Council the Schedule of Taxes Receivable as of June 30, 1981. The Council briefly reviewed the figures on the report. There was no action taken on this item. Request from Allen Sports Authority (Agenda Item VIII -B) Mayor Pierson advised the Council of the request from the Allen Sports Authority, in a letter dated June 12, 1981, to request a site on City -owned property to construct a 20' x 20' permanent building to house the equipment needed to carry on the Allen Sports Authority programs. The use of the portable building behind the Allen Library on McDermott is not adequate at this time. The ASA suggested the three (3) acre site where the large ground water storage tank exists, located at F.M. 1378 and 2170. City Manager Jon McCarty advised the Council of the require- ments that were needed for the approval of this site. The Council discussed the need for the building, the proposed site suggested by the ASA, the security problem at that site, the construction of the building, recommendation from the Parks and Recreation on the proposed site, and perhaps finding another location more suitable. It was the consensus of the Council to authorize the City Manager to work with the ASA Board on the details of a location for the building and the construction of the building and to advise the Parks & Recreation Board of this request and ask for their comments and/or recommendations as to a site for the building. General Discussion: Mayor Pierson advised the Council of the upcoming Collin County Public Officials Meeting to be held on Thursday, July 9, 1981 j and asked for the names of Council Members who would be attending. Mayor Pierson advised the Council of a breakfast to be held by the Regional Transportation Council in Dallas on Tuesday, July 7, 1981 at 7:30 a.m., and passed around the letter invitation for the Council Members to review. 00 ALLEN CITY COUNCIL July 2, 1981 General Discussion:(cont'd) Page 6 Mayor Pierson advised the Council of a meeting of the Soil Conservation Service Water Shed Planning Committee to be held on Tuesday, July 7, 1981 at 1:30 p.m. at the Collin County Commissioners Court. He advised that he would be attending that meeting with the City Manager. City Manager Jon McCarty advised the Council that a revised budget calendar had been included in their packets at the request of Councilman Daugherty. City Manager Jon McCarty advised the Council of the status of the Texas Power & Light Rate Case filed with the City of Allen on March 6, 1981. A Public Hearing on this rate case would be forthcoming in August. At the request of Mayor Pro Tem Farmer, the City Manager updated the Council on the status of the new proposed Zoning Ordinance and the meetings needed for review. The Council also discussed the existing moratorium on zoning cases, when it will expire, and perhaps the need to extend the moratorium until the new zoning ordinance is adopted. At the request of Councilman Paxton, the City Manager answered questions regarding the existing ordinance for cutting of tall grass and weeds, the enforcement of it, and the status of some properties in the City that are in violation of the ordinance. Councilman Paxton also requested the status of a study being done by City Staff on the drainage of water from the development of City -owned property for the City Service Center/City Hall Complex and how it will affect the adjacent residential properties. Councilman Chumbley requested that City Staff undertake a study on the costs of enlarging the covers on the top of backstops to prevent balls from coming into the stands. At the request of Councilman Paxton, the City Manager updated the Council on the status of the land obtained for use as temporary soccer fields. Councilman Paxton further requested that the City Staff provide a report on the costs of bringing existing soccer fields into proper condition, the number of fields (being soccer and baseball fields) needed to provide adequate support for the soccer and baseball programs and the costs involved. Mayor Pierson pointed out consideration needed to be given E also to the replacement of a community center for community meetings since the City Departments have taken over the existing community center. oz ALLEN CITY COUNCIL July 2, 1981 General Discussion:(cont'd) Page 7 Councilman Daugherty requested that consideration be given to establishing truck routes on plats for new subdivisions due to the large amount of damage to residential streets by large trucks or consideration of an ordinance to establish truck routes. With no further discussion, a motion was made by Councilman McClure and seconded by Councilman Paxton to adjourn the regular session of the Allen City Council at 10:28 p.m. The Council voted 7 - 0 in favor of the motion. These minutes approved this the 16th day of July , 1981. Marty Hendrix, CITY SECRETARY Mickey Pierson, MAYOR