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HomeMy WebLinkAboutMin - City Council - 1982 - 02/04 - RegularALLEN CITY COUNCIL WORK SHOP SESSION February 4, 1982 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Glenn Andrew Ward Paxton Rex Womack City Staff: Jon McCarty, City Manager Linda Midtling, Finance The work shop session on the annual audit was called to order by Mayor Pierson at 6:30 p.m. on Thursday, February 4, 1982 at Rountree Elementary School, 800 E. Main Street. The Council and the City Staff reviewed the annual audit for the Fiscal Year of October 1, 1980 through September 30, 1981 as prepared by Ross and Kerby, Inc. The Council discussed with the City Staff various aspects of the audit. The work shop session was recessed at 7:25 p.m. These minutes approved on the 18th day of February 1982. Marty HencLrlxb CITY SECRETARY /VIZL- Pierson, MAYOR IU ALLEN CITY COUNCIL Regular Session February 4, 1982 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Glenn Andrew Ward Paxton Rex Womack 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 7:39 p.m. on Thursday, February 4, 1982 at Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) At the request of Councilman Andrew, item "A" was removed from the Consent Agenda for individual consideration. At the request of City Manager McCarty, item "B" was removed from the Consent Agenda for individual consideration. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman McClure, the Council voted 7 - 0 to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: C. Set Public Hearing date for March 4, 1982 on a request for a zoning change from MF -1 to LR, located on property at 300 E. Main, proponent - Richard K. Cavin, Zoning Case No. Z12-16-81-5. D. Set Public Hearing date for March 4, 1982 on a request for a zoning change from MF -1 (9 acres) and TH (2 acres) to MF -2, located at the corner of Jupiter Road and the future Park Place, proponent - Robert Burkart, Zoning Case NO.Zll-16-81-2. End of Consent Agenda Approval of Minutes - January 21, 1982 (Consent Agenda Regular Session Item II -A) Councilman Andrew requested that an addition be made to Agenda Item III -B, Approval of Plans & Specifications and Authorization to Receive Bids for Service Center/City Hall Complex, on page 2, of the January 21, 1982 regular session minutes. That addition being Mayor Pro Tem Farmer's request of the architect, Fisher - Spillman, to do a careful cost analysis, between now and the time the Council will review the bids, as to what real dollar values the City will be talking about on construction in this project of a temporary nature. MOTION: Upon a motion made by Councilman Andrew and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the January 21, 1982 regular session minutes as corrected. The motion carried. 1'�' ALLEN CITY COUNCIL February 4, 1982 Page 2 Authorization to City Staff to Pay Bills Associated with the 1979 - 82 Capital Improvements (Consent Agenda Program Item II -B) City Manager McCarty advised the Council that an additional bill from Texas Contractor in the amount of $253.80 for the advertising of bids on construction of Reed Park be included for their consideration of payment. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted 7 - 0 to authorize the City Staff to pay the following bills associated with the 1979 - 82 Capital Improvements Program: 1. Shimek, Jacobs & Finklea $ 3,909.90 Repair to Cottonwood Creek Sewer Line - Engineering Fees 2. H. B. Zachary Company $77,057.83 Repair to Cottonwood Creek Sewer Line - construction Estimate No. 1 3. Flygt Corporation $ 408.00 Repair to Cottonwood Creek Sewer Line - Rental of Equipment 4. Flygt Corporation $ 749.25 Repair to Cottonwood Creek Sewer Line - Rental of Equipment 5. Ronald E. Fix & Associates $ 4,871.21 Contract No. 800705R Construction of Bethany Road, Pebblebrook and Butler Drive Engineering & Staking Fees 6. Austin Paving Company $56,246.40 Contract No. 800705R Construction of Bethany Road, Pebblebrook and Butler Drive Payment No. 5 7. Texas Contractor $ 253.80 Contract No. 810206R Construction of Reed Park Advertising of Bids The motion carried. Public Hearing - Annexation of 43.975 acres (Agenda Item III) Located north of Exchange Parkway at Intersection of Allen Heights Drive Mayor Pierson read the request into the record as follows: "Public Hearing on annexation of approximately 44 acres of land, located north of Exchange at the intersection of Allen Heights Drive." City Manager McCarty presented minutes to and spoke before the Council on the on-site public hearing held on the property at 3:00 p.m. on February 4, 1982. No one appeared to speak either for or against the annexation of the property. Mayor Pierson advised that these new procedures were being done to comply with the new municipal annexation act adopted by the 67th Session of the State Legislature. ALLEN CITY COUNCIL February 4, 1982 Page 3 Public Hearing - Annexation of (continued) 43.975 acres (Agenda Item III) Mayor Pierson opened the public hearing. No one appeared to speak either for or against the annexation of the property. Mayor Pierson closed the public hearing. City Manager McCarty advised that the annexation ordinance would be prepared and would be placed on the City Council Agenda for the regular session on February 1B, 1982. There was no action taken on this item. Appearance by Don Rodenbaugh Concerning the Collin County Farmer's Market (Agenda Item IV) Don Rodenbaugh, member of the Collin County Farmer's Market Board, appeared before the City Council to provide the Council with an up-to-date report on the status of the Collin County Farmer's Market. Mr. Rodenbaugh referenced a letter from Judge White, with a copy of the rules of operation for the market attached, which had been provided each of the Council Members. Mr. Rodenbaugh reviewed those rules with the Council and providedthem with two (2) changes which had been made in the rules. Mr. Rodenbaugh advised the Council of the opening date of the market, being May 1st; the hiring of a Market Manager; erection of directional signs on the highway to direct traffic to the location; the construction of the market stalls; types of produce to be sold; operating hours, rotation of the stalls by the farmers; length of time during the year when the market will be open; and the work done by the Collin County Farmer's Market Board. Mr. Rodenbaugh presented the City Manager with an information packet containing copies of the Board's minutes, as well as correspondence, for the City's files. The Council discussed with Mr. Rodenbaugh various aspects of the rules of operation, providing space for the local farmers on a first served basis, definition of the types of produce which can be sold, the amount of traffic to and from the market area, whether large 18 -wheel vehicles would be allowed in the market area, the definition of "hawking" of goods, and the responsibilities of the Market Board and which County agency they report to, that being the Collin County Commissioners. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Andrew, the Council voted 7 - 0 to approve the Collin County Farmer's Market Rules of Operation. The motion carried. Ordinance No. 378-2-82: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Designating a Polling Place to be Used in Conducting the 1982 and All Future Municipal Elections, Ordaining Other Matters Incident and Related Thereto; and Providing an Effective Date. (Agenda Item V-A) Ordinance No. 379-2-82: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Ordering an Election to be Held on April 3, 1982, for the Pur- pose of Electing Three (3) Members of the Council (Places No. 2, 4, and 6) and the Mayor's Place to the City Council to Hold Office for a Period of Two Years; Designating Locations of Polling Places; Appointing Officers for Such Election; and Ordering ID= ALLEN CITY COUNCIL February 4, 1982 Page 4 Ordinance No. 379-2-82 (continued): Notices of Election to be Given as Prescribed By Law in Connection With Such Election. (Agenda Item V -B) City Secretary Marty Hendrix advised the Council of the up- coming City Council Election to be held on Saturday, April 3, 1982 as well as the change of the City's election polling place from the City Hall, 302 W. McDermott, to Rountree Elementary School, 800 E. Main Street. Mrs. Hendrix advised the Council that permission had been received from the School District to use the School's facilities. The change was needed in order to provide more space to conduct the election process as well as to provide the citizens of Allen with a joint polling place with the School District. The City Secretary read the ordinance captions into the record as shown above. MOTION: Upon a motion made by Councilman Andrew and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Ordinances No. 378-2-82 and 379-2-82 as presented. The motion carried. Consideration of a Request from the City of Lucas to Release the City of Allen's ETJ on Property Located West of Rock Ridge Road (Agenda Item VI) City Manager McCarty advised the City Council of the request received from the Mayor of the City of Lucas regarding the waiving of the City of Allen's extraterritorial jurisdiction on property located west of Rock Ridge Road, owned by Mr. and Mrs. Robert Allen. Mr. and Mrs. Allen have requested annexation into the city limits of Lucas. Mr. McCarty further advised that he had requested a legal description of the property as well as a location map from the City of Lucas and had received copies. The Council was provided with copies and they reviewed the location with the City Manager. The City Manager advised the Council of types of actions which could be taken on this request. Mr. McCarty advised the Council that City Staff's recom- mendation was to reject the request due to several factors. Those factors were waiving of the ETJ and disannexation of the portion of Rock Ridge Road would cause a gap in the City of Allen's strip annexation on Rock Ridge Road; from a planning standpoint, it is best to maintain city limits on major thoroughfares; and a legal question would be raised as to the effectiveness of the strip annexation in that area if there was a gap in it. Mr. McCarty read to the City Council that portion of the City Charter, Section 1.01B, paragraph (3), pertaining to disannexation of property by the City. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman Womack, the Council voted 7 - 0 to deny the request. The motion carried. Mayor Pierson recessed the regular session of the Allen City Council at 8:41 p.m. The meeting reconvened at 8:50 p.m. ALLEN CITY COUNCIL February 4, 1982 Page 5 Consideration of Awarding a Contract for Construction of Reed Park (Agenda Item VII) City Engineer, Ron Fix, presented to and spoke before the Council on the tabulation of the bids received on the construction of Reed Park. Mr. Fix advised that there were six (6) bidders on the project, with the low bidder being Transamerican Builders, Inc., in the amount of $283,999 and the next lowest bidder being Ed A. Wilson Company in the amount of $285,000. Mr. Fix reviewed the base bid items as well as the seven (7) items which were bid as alternates. Since the bids came in over the original budget figure of $215,290, the City Staff's recom- mendation was to award the bid to the lowest bidder for the base bid and five (5) of the alternates, leaving out the sprinkler system for the park area outside of the two playing areas. City Manager McCarty advised the Council of the budget funds available for this project. The Council discussed with the City Engineer the references obtained on the two lowest bidders, amount of steel used in the construction of the tennis courts, the pre-bid conference held with potential bidders, the large amount of discrepancies in the bids received for line items in the base bid and the total calendar days for completion of the project, how the specifications were prepared and how clear were they to the potential bidders, the shortage of budget funds for this construction project and where additional funding will be appropriated, the types of bonds required on this project, elimination of the landscaping in the park to reduce the amount of the contract, and the potential use of St. Mary's Park site. Mr. Glen Struther, from the Ed A. Wilson Company, spoke before the Council on park construction projects that his company has accomplished and some of the reasoning behind why certain items in the base bid were bid the way they were. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Womack, the Council voted six (6) for and one (1) opposed to award the bid for construction of Reed Park to the low bidder, being Transamerican Builders, Inc., in the amount of $321,241.00, per the City Staff's recommendation. Councilman Daugherty cast the negative vote. The motion carried. Ordinance No. 380-2-82: An Ordinance of the City of Allen, Collin County, Texas, Providing an Additional Penalty to Defray Costs of Collection of Certain Delinquent Property Taxes; Providing for a Tax Lien to Attach to the Property on Which the Tax is Imposed; Providing that Attorney's Fees May Not Be Recovered in a Suit to Collect Delinquent Taxes Subject to the Penalty; Providing Notice of the Delinquency and of the Penalty to the Property Owner; Providing a Sever - Ability Clause and an Effective Date. (Agenda Item VIII) Walter Curtis, Tax Collector -Assessor, advised the City Council that the proposed ordinance was prepared in accordance with House Bill 30 passed by the 67th Legislature regarding attorneys' fees of fifteen (15) percent can be imposed in order to collect delinquent 1981 property taxes. The City Secretary read the ordinance caption into the record as shown above. /4 ALLEN CITY COUNCIL February 4, 1982 Page 6 There was a brief dicussion by the Council on the tax receipts. There was no action taken on this item. Nominations for the 1982 Board of Review (Agenda Item X -B) City Manager McCarty advised the Council of a letter received from the Central Appraisal District of Collin County regarding nominees to serve on the 1982 Board of Review, formerly known as the Board of Equalization. Nominations are needed by February 22, 1962. It was the consensus of the City Council that the City Staff contact the School District to see what their recommendations for nominees might be, as well as the City Council to contact the City Staff if they have any nominees before the next scheduled City Council meeting. There was no action taken on this item. W -M Ordinance No. 380-2-82 (continued): (Agenda Item VIII) MOTION: Upon a motion made by Councilman Andrew and seconded by Councilman Womack, the Council voted 7 - 0 to adopt Ordinance No. 380-2-82. The motion carried. Consideration of Proposed Changes in the Subdivision Ordinance (Agenda Item IX) City Manager McCarty advised the Council that the Planning and Zoning Commission had recommended to the City Council the following changes be made to amend the City of Allen's Sub- division Ordinance: 1. Delete Section 2.06, requiring park land dedication due to the fact the courts had determined that this requirement by municipalities is unconstitutional. 2. Amend Section 3.04 - 5A in part by deleting the words "registered professional engineer" and replacing them with "registered pro- fessional land surveyor", in order to comply with recent changes in State Law. 3. To require sidewalks in all future residential and industrial developments. Bill Petty, Building Official, spoke before the Council on these proposed changes. The Council discussed the need for sidewalks in all future residential areas and industrial developments and the cost factors involved in requiring such. It was also pointed out the need for sidewalks to protect school children traveling to and from the community's schools. It was the consensus of the City Council for City Staff to proceed with a proposed ordinance making the above referenced amendments to the Subdivision Ordinance. Tax Report - January 31, 1962 (Agenda Item X -A) Walter Curtis, Tax Assessor -Collector, presented to and spoke before the Council on the Schedule of Taxes Receivable as of January 31, 1982. Mr. Curtis had shown on the report the 1981 Tax Levy of $853,161.75 and the collections for November, December and January in the amount of $579,129.74, representing 67.888. There was a brief dicussion by the Council on the tax receipts. There was no action taken on this item. Nominations for the 1982 Board of Review (Agenda Item X -B) City Manager McCarty advised the Council of a letter received from the Central Appraisal District of Collin County regarding nominees to serve on the 1982 Board of Review, formerly known as the Board of Equalization. Nominations are needed by February 22, 1962. It was the consensus of the City Council that the City Staff contact the School District to see what their recommendations for nominees might be, as well as the City Council to contact the City Staff if they have any nominees before the next scheduled City Council meeting. There was no action taken on this item. W -M ALLEN CITY COUNCIL February 4, 1982 Page 7 Acceptance of the Annual Audit (Agenda Item X-C) Mayor Pierson advised that the City Staff had requested another work shop session on the annual audit. MOTION: Upon a motion made by Councilman Andrew and seconded by Councilman Daugherty, the Council voted 7 - 0 to table the acceptance of the annual audit. The motion carrier General Discussion: Councilman Womack asked that the City Staff and/or Parks and Recreation Board undertake a study of St. Mary's Park site and make recommendations on the potential use as a park site or what the best use of the property might be. City Manager McCarty advised the Council of the quarterly meeting of the Firemen's and Fire Marshalls' Association to be held on Tuesday, February 9, 1982, at Rountree Elementary School and that they were all invited to attend. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Andrew, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:09 p.m. These minutes approved on the 18th day of February 1982. M Led Marty Hendrix, CITY SECRETARY L x i, L M. B. Pierson, MAYOR *n