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HomeMy WebLinkAboutMin - City Council - 1981 - 12/03 - RegularALLEN CITY COUNCIL Regular Session December 3, 1981 PRESENT: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Glenn Andrew Ward Paxton City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Newly Appointed Council Member: Rex Womack In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S., Section 2(g), the City Council convened into Executive Session at 6:30 p.m. on Thursday, December 3, 1981, at Rountree Elementary School, 800 E. Main Street, to discuss matters pertaining to personnel. The Executive Session was adjourned at 7:20 p.m. The regular session of the Allen City Council was called to order by Mayor Pierson at 7:33 p.m. on Thursday, December 3, 1981 at Rountree Elementary School, 800 E. Main Street. Mayor Pierson recognized several students in the audience who were from Miss Chandler's VOE Class at the Allen Senior High School. Request to Appear Before the Council for Presentation of a Petition for Appointment of Jack Decatur to the Vacancy on the Allen City Council (Agenda Item II) No one was present to appear before the City Council on this item. There was no action taken on this item. ALLEN CITY COUNCIL December 3, 1981 Page 2 Appointment to Place No. 6 on the Allen City Council (Agenda Item III) Mayor Pierson advised of Councilman Richard Chumbley's resignation from the Council, effective November 18, 1981, and read Section 2.04 of the Allen City Charter regarding appointments to fill vacancies on the Council. Mayor Pierson advised that it would take a majority of the remaining Council Members to appoint an individual to fill the vacancy, that majority being four (4) votes. Mayor Pierson opened the floor for nomination to Place No. 6 on the City Council. Councilman Andrew nominated Jim Wolfe. Councilman Paxton nominated Jack Decatur. MOTION: With no further nominations, a motion was made by Council- man Daugherty and seconded by Mayor Pro Tem Farmer that the nominations cease. The Council voted 6 - 0 in favor of the motion. In order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Jim Wolfe receiving three (3) votes and Jack Decatur receiving three (3) votes. Mayor Pierson advised of the three (3) to three (3) tie vote for the appointment to Place No. 6, thus no one receiving a majority vote of four. Again, Mayor Pierson opened the floor for nominations to Place No. 6 on the City Council. Mayor Pro Tem Farmer nominated Rex Womack. Councilman Paxton nominated Jack Decatur. MOTION: With no further nominations, a motion was made by Council- man McClure and seconded by Councilman Andrew that the nominations cease. The Council voted 6 - 0 in favor of the motion. In the order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Rex Womack receiving four (4) votes and Jack Decatur receiving two (2) votes. i j Mayor Pierson advised Rex Womack, receiving a majority of ' the votes of the remaining Council Members, was the newly appointed Council Member to Place No. 6, to serve the remaining term of office until April of 1982. 111 ALLEN CITY COUNCIL December 3, 1981 Page 3 Oath -of -Office to Newly Appointed Councilman in Place No. 6 - Rex Womack (Agenda Item III) City Secretary Marty Hendrix administered the Oath -of -Office to Rex Womack, the newly appointed Councilman for Place No. 6. Councilman Womack took his place on the Council. Presentation of Plaque -of - Appreciation to Richard Chumbley, Resigning Councilman to Place No. 6 (Agenda Item IV) Mayor Pierson presented a plaque -of -appreciation to Richard Chumbley, resigning Councilman for Place No. 6, for his dedicated service on the Allen City Council from April, 1979 through November, 1981. Mayor Pierson recessed the regular meeting of the Allen City Council at 7:46 p.m. in order to provide Councilman Womack an opportunity to briefly review the Council agenda. The meeting was reconvened at 7:55 p.m. CONSENT AGENDA (Agenda Item V) Upon a motion made by Councilman Andrew and seconded by Councilman Daugherty, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Minutes of November 19, 1981 - Regular Session B. Authorization to City Staff to pay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. Mason -Johnston & Associates, Inc. $ 845.00 Repair of Cottonwood Creek Sewer Line - Pipeline Investigation 2. Ronald E. Fix & Associates $4,572.16 Contract No. 800705R Construction of Bethany, Pebble - brook and Butler Drive Engineering & Staking Fees 3. Austin Paving Company $26,756.66 Contract No. 800705R Construction of Bethany, Pebble - brook and Butler Drive Payment No. 3 ALLEN CITY COUNCIL December 3, 1981 Page 4 Appointments to Terms of Office on the Planning & Zoning Commission - Place No. 2, 4, & 6; and Parks & Recreation Board, Place No. 3 (Agenda Item VI) Mayor Pierson advised of the positions on the Planning and Zoning Commission to which appointments were to be made, those being Place No. 2, Place No. 4, and Place No. 6 due to expiring terms of office. He also advised that Place No. 3 on the Parks and Recreation Board was being considered for an appointment due to the resignation of Wendell Housley. Mayor Pierson advised at this time that the Executive Session scheduled for the end of the meeting had been cancelled, since the Executive Session held earlier had given the Council sufficient time to discuss personnel matters. Mayor Pierson opened the floor for nominations to Place No. 2 on the Planning and Zoning Commission. Councilman Paxton nominated Tom Inkman for reappointment to Place No. 2 on the Commission. MOTION: With no further nominations, Mayor Pro Tem Farmer made a motion that the nominations cease. The motion was seconded by Councilman Daugherty and the Council voted 7 - 0 in favor of the motion. MOTION: Upon a motion made by Councilman Daugherty and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to reappoint by acclamation Tom Inkman to Place No. 2 on the Planning and Zoning Commission for another two year term of office to expire in June, 1983. Mayor Pierson opened the floor for nominations to Place No. 4 on the Planning and Zoning Commission. Council Andrew nominated Carol Henry for reappointment to Place No. 4 on the Planning and Zoning Commission. Councilman Daugherty nominated Gary Koch to Place No. 4. MOTION: With no further nominations, a motion was made by Council- man Andrew and seconded by Councilman McClure that the nominations cease. The Council voted 7 - 0 in favor of the motion. In the order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Carol Henry receiving three (3) votes and Gary Koch receiving four (4) votes. Mayor Pierson advised Gary Koch, receiving a majority of the votes, was the newly appointed Commissioner to Place No. 4 on the Planning and Zoning Commission for a two year term of office to expire in June, 1983. ALLEN CITY COUNCIL December 3, 1981 Page 5 Appointments to Terms of Office on the Planning & Zoning Commission to Place No. 2, 4, & 6; and Parks & Recreation Board, Place No. 3 (cont'd) (Agenda Item VI) Mayor Pierson opened the floor for nominations to Place No. 6 on the Planning and Zoning Commission. Councilman Paxton nominated Don Lewis. Councilman Andrew nominated Carol Henry. Mayor Pro Tem Farmer nominated Larry Larsen. MOTION: Upon a motion made by Councilman Andrew and seconded by Councilman Daugherty, the Council voted 7 - 0 that the nominations cease. In the order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Don Lewis receiving three (3) votes, Carol Henry receiving three (3) votes, and Larry Larsen receiving one (1) vote. With no one receiving a majority of the votes, Mayor Pierson reopened nominations to Place No. 6. Councilman Andrew nominated Carol Henry. Councilman Paxton nominated Don Lewis. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Daugherty, the Council voted 7 - 0 that the nominations cease. In the order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Carol Henry receiving three (3) votes, Don Lewis receiving three (3) votes, and with one (1) abstention vote from Mayor Pro Tem Farmer. With no one receiving a majority of the votes, Mayor Pierson opened the floor for discussion of appointments to the Commission. The Council discussed the candidates' qualifications and the geographic coverage of the City of Allen of the Commissioners and the candidates being considered for appointment. With no further discussion, Mayor Pierson opened the floor for nominations to Place No. 6 on the Planning and Zoning Commission. Councilman Andrew nominated Carol Henry. Mayor Pro Tem Farmer nominated Larry Larsen. Councilman Paxton nominated Don Lewis. �.r ALLEN CITY COUNCIL December 3, 1981 Page 6 Appointments to Terms of Office on the Planning & Zoning Commission to Place No. 2, 4, & 6; and Parks & Recreation Board, Place No. 3 (cont'd) (Agenda Item VI) MOTION: Upon a motion made by Councilman Andrew and seconded by Councilman Daugherty, the Council voted 7 - 0 that the nominations cease. In the order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Carol Henry receiving three (3) votes, Larry Larsen receiving one (1) vote and Don Lewis receiving three (3) votes. Due to the fact that no one received a majority of the votes to be appointed to Place No. 6, Mayor Pierson moved on to the consideration of an appointment to Place No. 3 on the Parks and Recreation Board. The vacancy on Place No. 3 was due to the resignation of Wendell Housley. Mayor Pierson opened the floor for nominations to Place No. 3 on the Parks & Recreation Board. Councilman McClure nominated Russell Bratcher. Councilman Andrew nominated Larry Reeves. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 7 - 0 that the nominations cease. In the order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Russell Bratcher receiving four (4) votes and Larry Reeves receiving three (3) votes. Mayor Pierson advised Russell Bratcher, receiving a majority of the votes, was the newly appointed member to the Parks and Recreation Board to Place No. 3, to serve the remaining term of office until September, 1982. The consideration of appointment to Place No. 6 was taken up again by the City Council. Mayor Pierson opened the floor for nominations. Councilman Paxton nominated Don Lewis. Councilman Andrew nominated Carol Henry. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 7 - 0 that the nominations cease. Q1_ ALLEN CITY COUNCIL December 3, 1981 Page 7 Appointments to Terms of Office on the Planning & Zoning Commission to Place No. 2, 9, & 6, and Parks & Recreation Board, Place No. 3 (cont'd) (Agenda Item VI) In the order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Don Lewis receiving two (2) votes and Carol Henry receiving five (5) votes. Mayor Pierson advised that Carol Henry, receiving a majority of the votes, was reappointed to the Planning and Zoning Commission to Place No. 6 for a two year term of office which expires on June of 1983. Public Hearing: Request for Variance to the Sign Ordinance for 300 Sq. Ft. Class Six Freeway Sign - Texoma Advertising Company (Agenda Item VII) The City Council, acting in the capacity of the Sign Board of Appeals, conducted the following public hearing on the variance request. Mayor Pierson read the request into the record as follows: "Public Hearing on a variance request to the Sign Ordinance as requested by Texoma Advertising Company." Jimmy Mitchell, President of Texoma Advertising Company, spoke before the Council on behalf of this request. Mr. Mitchell presented a location map of the area his sign company serves, a drawing of the proposed structure of the 300 square foot sign, proposed advertising on the sign, samples of other types of advertising messages, and pictures of the various types of signs his company produces. Mr. Mitchell requested that a variance be granted to him in order to construct a 300 square foot (12' x 25') Class Six Freeway advertising sign to be located in the shopping center zoning district at the corner of Highway 75 and McDermott. The 300 square foot sign is a standardized size that his company produces. Mr. Mitchell advised that he felt this sign would provide better visibility to traffic travelling on Highway 75 rather than the 128 square foot sign size allowed by the City of Allen Sign Ordinance. The City Council discussed with Mr. Mitchell the committee work and review done on the development of the Sign Ordinance and the recent adoption of the Ordinance. They also discussed with Mr. Mitchell various larger development signs located throughout Allen which have been erected on specific use permits of a temporary nature. ,On ALLEN CITY COUNCIL December 3, 1981 Page 8 Public Hearing: Request for Variance to the Sign Ordinance from (continued) Texoma Advertising Company (Agenda Item VII) Mayor Pierson opened the public hearing. No one appeared to speak either for or against the request. The public hearing was closed. MOTION: Upon a motion made by Councilman Andrew and seconded by Council McClure, the Council voted 7 - 0 to deny the request for a variance to the Sign Ordinance. Legislative Update Presented by Police Chief Richard Carroll (Agenda Item VIII) Chief of Police Richard Carroll spoke before the Council on the following bills adopted by the 67th State Legislative affecting the Police Department and the City of Allen: House Bill 360, House Bill 43, House Bill 154, House Bill 197, House Bill 258, House Bill 790, House Bill 1681, House Bill 1743, Senate Bill 211, Senate Bill 242, Senate Bill 269, Senate Bill 306, Senate Bill 372, Senate Bill 430, Senate Bill 544, Senate Bill 914, House Bill 1321, House Bill 733, and Senate Bill 127. The Council discussed with Chief Carroll various aspects of the new laws and several interpretations of the new laws. There was no action taken on this item. Mayor Pierson recessed the Council meeting at 9:09 p.m. The meeting reconvened at 9:16 p.m. Award of Bid on the Police Pro- fessional Liability Insurance (Agenda Item IX -A) Linda Midtling, Director of Finance, spoke before the Council on the City Staff's recommendations for award of the bid for the police professional liability insurance, after having contacted the prospective bidders regarding the specification requirements which had been bid. Ms. Midtling reviewed with the Council the specifications and advised that the Kenneth Murchison Agency and the Texas Police Association had met all of the bid specifications, whereas, the Carl Gilliland Agency had not met all of the spec- ification requirements. Based on their findings, the City Staff's recommendation was to award the bid to the Kenneth Murchison Agency in the amount of $3,525.00 for the police professional liability insurance, with their bid being the apparent low bid and meeting all specification requirements. The City Council briefly discussed the specifications; City Staff's recommendations at the last Council Meeting; the amount of the bids received by the prospective bidders; and the specific areas of the specifications not included in the Carl Gilliland Agency's bid. I GY u LI ALLEN CITY COUNCIL December 3, 1981 Award of Bid on the Police Pro- fessional Liability Insurance (cont'd) Page 9 (Agenda Item IX -A) MOTION: Upon a motion made by Councilman Andrew and seconded by Councilman Paxton, the Council voted six (6) for, and with one (1) abstention from Councilman Womack, to award the bid to the Kenneth Murchison Agency in the amount of $3,525.00 for the police professional liability insurance per City Staff's recommendations. Award of Bid for Two (2) Police Replacement Vehicles (Agenda Item IX -B) Police Chief Richard Carroll spoke before the Council on the bid received for two Chevrolet Malibu Classic police cars. Since only one bid was received from the six bid notices sent out, Chief Carroll explained that he had done a price comparison with several other cities to see how the bid compared to what other cities are receiving, and the bid appears to be quite reasonable. Chief Carroll also advised that Chevrolet has phased out the Malibu for 1982 and replaced it with a Malibu Classic. The Council briefly discussed with Chief Carroll the bid and the engine capacity of the Malibu Classic. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Andrew, the Council voted 7 - 0 to award the bid to Carter Chevrolet in the amount of $9,626.61 each for two Chevrolet Malibu Classics for replacement vehicles for the Police Department. Tax Report - November 30, 1981 (Agenda Item X -A) Walter Curtis, Tax Assessor -Collector, presented to and spoke before the Council on the Schedule of Taxes Receivable as of November 30, 1981. The Council briefly reviewed. the schedule. There was no action taken on this item. City Offices - Floating Holiday (Agenda Item X -B) City Manager Jon McCarty advised the Council that the City Hall would be closed for Christmas Eve as the employees had elected to use the floating holiday at that time. There was no action taken on this item. 166 ALLEN CITY COUNCIL December 3, 1981 Page 10 General Discussion City Manager Jon McCarty advised the Council of the status of the construction of the InteCom facility and that a tentative date of December 15th had been set for a certificate of occupancy. He further advised of problems with the sewer line connection for that facility, however, they are being worked out at the present time. Also, Mr. McCarty advised of the acceptance of the sewer line by the City of Allen in the near future. Councilman Andrew advised of a compliment he had received on the Allen Police Department for their service to a citizen of an adjoining community. Mayor Pierson also advised of a letter of commendation to the Police Department that he had been copied on. Bill Petty, Building Official, presented to the Council copies of the new Zoning Map and reviewed the index with the Council. Councilman Daugherty asked about the status of the hiring of a street superintendent and how street complaints were handled. He was advised that a street superintendent had recently been hired; and the Council discussed proposed procedures for the handling of complaints. City Manager McCarty advised of the complaint pro- cedure on garbage collection. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 9:47 p.m. 1981. These minutes approved on the 17th day of December Mckey Pierson, MAYOR M� ti . iT tiE c7J�G Marty Hendrix CITY SECRETARY .m