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HomeMy WebLinkAboutMin - City Council - 1982 - 02/18 - RegularL PARdmilw"WhW4141"k 4M WORK SHOP SESSION February 18, 1982 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Rex Womack Absent: Glenn Andrew Ward Paxton City Staff: Jon McCarty, City Manager Linda Midtling, Finance Guest: Chuck Ross, Ross & Kerby, Inc. The work shop session on the annual audit was called to order by Mayor Pierson at 6:30 p.m, on Thursday, February 18, 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. Mr. Chuck Ross, of Ross & Kerby, Inc., spoke before the Council on the audit report, as well as answered questions posed by Council Members. The Council discussed with the City Staff and Mr. Ross various aspects of the audit. The work shop session was adjourned at 7:25 p.m. These minutes approved on the 4th day of MARCH 1982. Marty Hendrix, CITY SECRETARY rZ, son, MAYOR ALLEN CITY COUNCIL Regular Session February 18, 1982 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Ward Paxton (arrived at 9:16 p.m.) Rex Womack 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 7:31 p.m. on Thursday, February 18, 1982 at Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) / At the request of Mayor Pro Tem Farmer, item "B" was removed t from the Consent Agenda for individual consideration. �►" MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 5 - 0 to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Minutes of the February 4, 1982 - Regular Session The motion carried. End of Consent Agenda Authorization to City Staff to Pay Bills Associated with the 1979 - 82 (Consent Agenda Capital Improvements Program Item II -B) Mayor Pro Tem Farmer asked for clarification of the dollar amounts shown in Invoice No. 712 (in the amount of $912.85) and Invoice No. 713 (in the amount of $1,390.62) from Fisher & Spillman Architects, Inc., relating to the construction project of Fire Station No. 2. ` City Manager Jon McCarty advised the $912.85 amount repre- sented architectural services on the project through the contractor's default, and the $1,390.62 represented architectural services rendered on the project from October 1, 1981 through December 31, 1981, which the City would be reimbursed for by the bonding company. The Council discussed these figures with the City Manager and if additional costs were to be incurred as a result of the default by the contractor. City Manager McCarty advised that there would not be any additional costs incurred by the City. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 5 - 0 to approve for payment the following bills: 09 ALLEN CITY COUNCIL February 18, 1982 Page 2 Authorization to City Staff to Pay Bills Associated with the 1979 - 82 (Consent Agenda Capital Improvements Program (cont'd) Item II -B) 1. Fisher & Spillman Architects, Inc. $ 912.85 Project No. FS 8024 - Construction of Allen Fire Station No. 2 2. Fisher & Spillman, Architects, Inc. $1,390.62 Project No. FS 8024.01 - Construction of Allen Fire Station No. 2 The motion carried. Appearance Before the Council by Jack Evans Concerning the Allen Swim Club (Agenda Item III -A) Jack Evans, President of the Board of Directors of the Allen Swim Club, spoke before the Council regarding the possibility of selling the Allen Swim Club and to see if the City of Allen would be interested in purchasing the property. Mr. Evans advised that the 40' x 60' pool is 11 years old and has a bad leak which cannot be corrected without extensive reconstruction. Proposals have been taken on the repair of the pool and the costs would be approximately $38,000. The repair work would entail the building of an entire new pool inside the existing pool structure. At this time, a majority of the club membership does not want to put out any more money for the repair of the pool, however, they do want a pool facility in the City of Allen. Mr. Evans stated that the property includes one acre of land, located at Ash and McDermott Streets, with the pool and an outbuilding. The outbuilding contains the office, locker room, restrooms, and pump room. The estimated cost of the property would be approximately $41,000, which represents the membership fees placed in the club. There is an easement on the property from the Southern Pacific Transportation Company for public road purposes granted in May, 1970, to the City of Allen for the proposed extension of Ash Drive. Mr. Evans advised that in order to sell the property, it would take a majority vote, or 518, of the active membership of the club. There exists now an active membership of 130, with 75 - 80 nonactive members. The Council discussed with Mr. Evans the capacity of the pool; the condition of the outbuilding, fences, and other items on the property; construction of the new pool within the existing pool; what repairs had been done previously on the pool; the projection date for the construction of a municipal pool at Ford Park; and if the Parks and Recreation Board had been made aware of this request. It was noted that the Parks Board had not reviewed this request. With no further discussion on this item, Mayor Pierson advised Mr. Evans that the City Council would take his request and the information he provided under advisement. There was no action taken on this item. ]J ALLEN CITY COUNCIL February 18, 1982 Page 3 Mayor Pierson suggested to Vice Chairman Wolfe that the Com- mission consider using the expertise of citizens serving on the various Boards/Commissions of the City as well as other citizens, who have shown interest, to review the plans for the 855 acres of planned development and provide input. Acceptance of the Annual Audit for Fiscal Year September, 1980 thru October, 1981 as prepared by Ross & Kerby, Inc. (Agenda Item IV) Mayor Pierson advised that the Council had two (2) work shop sessions on review of the audit prepared by Ross & Kerby, Inc., for the Fiscal Year of September 30, 1980 through October 31, 1981. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 5 - 0 to accept the Audit Report prepared by Ross & Kerby, Inc., for the Fiscal Year September 30, 1980 through October 31, 1981. The motion carried. ]G' Appearance Before the Council by Jim Wolfe, Vice Chairman of the Planning and Zoning Commission, Regarding Need for Consultant Assistance Relating to the 855 Acre Request for Planned Development (Agenda Item III -B) Jim Wolfe, Vice Chairman of the Planning and Zoning Commission, appeared before the Council and presented the Planning and Zoning Commission's request for the need for consultant assistance relating to the 855 acres of planned development from the Willard McDaniel, Inc., and Cambridge Companies. Mr. Wolfe advised the Council of the three (3) work shop sessions that the Commission has had with the proponents and the results of the sessions. Mr. Wolfe referred the Council to the request for consulting assistance, which he had prepared, and advised that the request for assistance was two -fold. One of the needs was for the con- sultant to review and update District 4 of the Comprehensive Plan, and the other need was for the consultant to attend a 4 -hour work shop session with the Commission to answer questions and provide input regarding such areas as density, zoning, etc. There was considerable discussion by the Council with Mr. Wolfe on just what the exact work to be done by the consultant would be and the types of questions or input the Commission would request at the work shop session. Further discussion included whether a consultant was needed to provide input regarding the 855 acre development, whether the consultant should review the planned development request for the 855 acres, the need for updated statistics in the Comprehensive Plan for District 4 and also the entire Plan, and the use of a citizens' committee to review this development as suggested by Councilman Paxton. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted four (4) for and one (1) opposed, with Councilman Daugherty casting the negative vote, to approve the request for consultant assistance as requested by the Planning and Zoning Commission. The motion carried. Mayor Pierson suggested to Vice Chairman Wolfe that the Com- mission consider using the expertise of citizens serving on the various Boards/Commissions of the City as well as other citizens, who have shown interest, to review the plans for the 855 acres of planned development and provide input. Acceptance of the Annual Audit for Fiscal Year September, 1980 thru October, 1981 as prepared by Ross & Kerby, Inc. (Agenda Item IV) Mayor Pierson advised that the Council had two (2) work shop sessions on review of the audit prepared by Ross & Kerby, Inc., for the Fiscal Year of September 30, 1980 through October 31, 1981. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 5 - 0 to accept the Audit Report prepared by Ross & Kerby, Inc., for the Fiscal Year September 30, 1980 through October 31, 1981. The motion carried. ]G' ALLEN CITY COUNCIL February 18, 1982 Page 4 Mayor Pierson recessed the regular session of the Allen City Council at 8:36 p.m. The meeting reconvened at 8:51 p.m. Consideration of an Ordinance Defining Use of Coin Operated Amusement Machines Use of "Arcade" and Other Related Matters (Agenda Item V-A) Bill Petty, Building Official, spoke before the Council on the proposed ordinance. The proposed ordinance would determine the appropriate classification for the presently unlisted use of "arcade", define the term "arcade", define coin operated machines, define principle use, define property where exhibited, allow use by specific use permit, and delineate the districts for such use. Mr. Petty advised the Council of the background work done on the preparation of the proposed ordinance, what other municipalities in the metroplex are doing on this type of use, pending litigation on some ordinances, and reviewed the require- ments for coin operated amusement machines as stated in State Law under Article 8814 of Vernon's Annotated Civil Statutes. There was considerable discussion by the Council with City Staff regarding the definition of "principle use", the proposed ordinance as opposed to State Law requirements, the licensing and collection of the occupation tax on these types of machines and an ordinance needed for such, and the need for the City Attorney's opinion as to the essence of the ordinance. Mr. Petty advised the Council that the City Staff was working on an ordinance to license and tax the machines as well as providing other means of restricting the use of them. It was the consensus of the City Council that further review and consideration of the proposed ordinance by the City Council was needed, therefore, consideration of the ordinance should be placed on the agenda of the next regular Council meeting. There was no action taken on this item. Resolution No. 381-2-82(R): A Resolution of the City of Allen, Texas, Determining the Existence of a Public Necessity Requiring the Imposition of a 90 -Day Moratorium, During Which No Permit for Construction or Certificate of Occupancy for Use of an Arcade Shall be Issued; Providing for Imposition of Such 90 -Day Moratorium, and for Extension Thereof, If Necessary, and Providing an Effective Date. (Agenda Item V -B) Bill Petty, Building Official, advised the Council that since the continued review of the proposed ordinance defining the use of "arcade" was needed by the Council, and the time needed by the City Staff to prepare an ordinance for the licensing and taxing of the coin operated machines, a proposed resolution had been prepared to provide for a 90 -day moratorium during which no permit for construction or certificate of occupancy would be issued for use of an "arcade". The Council briefly discussed the proposed resolution. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 6 - 0 (with Councilman Paxton arriving at 9:16 p.m.) to adopt Resolution No. 381-2-82(R). The motion carried. of_ ALLEN CITY COUNCIL February 18, 1982 Page 5 Ordinance No. 382-2-82: An Ordinance of the City of Allen, Collin County, Texas, Repealing Section 2.06, Park Dedication, of the City of Allen, Texas, Subdivision Regulations, Ordinance No. 273; Amending Section 3.04-5A, by Requiring That a Final Plat Bear the Seal of a Licensed Land Surveyor, Registered m the State of Texas; and Amending Section 4.08-3, by Requiring Sidewalks in All Residential and Industrial Districts; Pro- viding a Penalty Clause, a Severability Clause, and an Effective Date. (Agenda Item VI) Bill Petty, Building Official, advised the Council that the amendments to the Subdivision Ordinance, as discussed at the last Council Meeting, had been made in the form of a proposed ordinance for their consideration. The Council briefly discussed the proposed ordinance. The City Secretary read the caption into the record as shown above. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Paxton, the Council voted 6 - 0 to adopt Ordinance No. 382-2-82 as presented. The motion carried. Award of Bids for 25,000 G.V.W. Truck and Bed and 2 Ton Tandem Steel Asphalt Roller for the Street Maintenance Department Tom Caldwell, Street Superintendent, the bid tabulations on bids received for and bed as well as the 2 -ton tandem steel were four (4) bids received for the truck bids received for the asphalt roller. (Agenda Item VII) presented to the Council the 25,000 G.V.W. truck asphalt roller. There and bed and three (3) Mr. Caldwell advised that the City Staff recommendations were to award the contractsto the low bidders,being Mahany International for the 25,000 G.V.W. truck and bed in the amount of $20,265.00 and to Hi -Way Machinery Company of Dallas for the asphalt roller in the amount of $8,360.50. The purchase of this equipment would be based upon a 36 -month lease/purchase for the truck and bed and a 24 -month lease/purchase for the roller, using revenue sharing funds as appropriated in the budget. The Council discussed with Mr. Caldwell the budgeted figures for these items, the delivery date of the equipment and the lease/ purchase arrangements. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to award the bids for the 25,000 G.V.W. truck and bed to Mahany International in the amount of $20,265 and to Hi -Way Machinery Company of Dallas for the asphalt roller in the amount of $8,360.50, per City Staff recommendations. First Reading of Annexation Ordinance of 43.975 Acres of Land, Located North of Exchange Parkway and at Intersection of Allen Heights Drive (Agenda Item VIII) The City Secretary read the ordinance caption into the record as follows: "An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, a Total of 43.975 Acres of Land, More or Less, Out of the James T. Roberts Survey, Abstract No. 777, and Extending the Boundary Limits of the City _�h ALLEN CITY COUNCIL February 18, 1982 Page 6 First Reading of Annexation Ordinance of 43.975 Acres of Land (cont'd) (Agenda Item VIII) 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 Pro- viding for the Effective Date of Said Ordinance." There was no action taken on this item. City Manager McCarty advised that this ordinance would appear on the next Council agenda for final adoption. Consideration of Appointing a Nominee to Serve on the 1982 Board of Review (Agenda Item IX) Mayor Pierson advised the Council that the School Board of Trustees had suggested three (3) names of individuals to be considered as the nominee to serve on the Board of Review. The individuals were Leland MCJunkins, Jim Wolfe and Xellis Melton. Mayor Pierson stated that none of the individuals had been con- tacted to see if they would be interested in serving on this board. Councilman Womack, having served on this board last year, advised the Council that it takes considerable time to serve as a member to this board, and that he would like to see someone who has been on a municipal committee/board/commission to serve on that board. Councilman Womack placed three individuals into consideration as the nominee to the board, those being Jerry Carson, Howard Snider and Ilene Tollett. Councilman Daugherty placed Pete Ford into consideration for appointment as the nominee. The Council discussed the three names suggested by the School District and how much time was needed by an individual to serve in that capacity. MOTION: Upon a motion made by Councilman Paxton and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to authorize the City Staff and the Mayor to contact all the suggested individuals and see who might be interested in serving on this board and to work with the School Board of Trustees to make a decision on the final nominee. Legislative Update by City Manager Jon McCarty (Agenda Item X) City Manager Jon McCarty spoke before the Council on several miscellaneous pieces of legislation that were passed by the 67th Session of the State Legislature affecting municipalities. City Manager McCarty's review of the laws included: S.H. 211, which amends the Penal Code concerning the tampering with equipment of or the unauthorized use of services of public communication, etc. H.B. 1814, which relates to change order on City's con- struction projects. S.B. 858, which concerns the requirement of counties, cities, and towns to file copies of their budgets with the State Comptroller. ALLEN CITY COUNCIL February 18, 1982 Page 7 Legislative Update by City Manager Jon McCarty (cont'd) (Agenda Item X) S.B. 978, which amends the Development Corporation Act of 1979. H.B. 1815, which relates to the deposit and investment of retainage withheld on construction projects. H.B. 2368, which requires cities to submit certain contracts to competitive bidding. There was no action taken on this item. Police Report - January, 1982 (Agenda Item XI -A) Chief of Police Richard Carroll presented to and spoke before the Council on the Allen Police Department's Consolidated Summary of Activities for the month of January, 1982. The Council briefly discussed this summary with Chief Carroll, specifically the figures shown for false burglar alarms. There was no action taken on this item. Update on Status of West Side Sewer System (Agenda Item XI -B) City Manager McCarty advised the Council that the City had entered into a contract with the Allen Management Corporation, in March of 1980, to provide that the Corporation construct a sewer system to serve approximately 2500 acres of land on the west portion of the city. Upon successful completion of the construction, the City would accept the system and adopt a pro rata ordinance to allow the Corporation to receive some of the costs back for the construction of the system. Per a letter provided to the Council, the consulting engineers of Shimek, Jacobs & Finklea had advised Allen Management Corporation that the construction had been completed. Mr. McCarty advised the Council that the City's inspectors had been making inspections on the system and there were just a few minor things that needed to be completed before the City would be ready to accept the system and prepare the necessary pro rata ordinance. The City is asking that all the filed ease- ments for the line be provided and that the easements form a continuous line from the beginning to the end, as well as the certification from the engineers that the sewer line is in the easements provided to the City. Mr. McCarty added that Intecom has tied into the new sewer line system. There was no action taken on this item. Council Communications (Agenda Item XI -C) City Manager McCarty advised the Council that changes would be forthcoming in the materials provided by the City Staff in the Council's agenda packet in an effort to provide the Council with more meaningful and useful information. An additional item to be added to the packets as a "for your information" item would be "progress reports" on various construction projects and other items that the Council has taken action upon. The "progress reports" would provide the status of the items or projects. Mr. McCarty advised the Council that the City Staff would appreciate any comments that the Council might have after they have seen the new formats. There was no action taken on this item. av ALLEN CITY COUNCIL February 18, 1982 Other Discussion: Page 8 Councilman Womack advised the Council that he would like to see the Council consider appointing a Charter Review Committee to review the City Charter, specifically to change the qualifications for individuals seeking election to the City Council, being Section 2.02, on page 4. Councilman Paxton advised that he would like to see that Committee also consider changing the portion of the Charter regarding a candidate winning by a majority of the votes cast rather than the plurality which exists now in the Charter. Mayor Pierson advised the Council that he would be attending a meeting in Austin on Tuesday, March 16, 1982 with the Texas Highway Commission regarding Collin County's presentation of their 20 -year plan for realignment of the County's thoroughfares. Mayor Pierson extended an invitation to the other Council Members to attend this meeting if it would be convenient. Mayor Pro Tem Farmer requested that the City Staff use the "progress reports" to be initiated as a means to also provide the City Council with timely updates on pending legislation coming before the State Legislature in their 68th Session. Adjournment: MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 10:35 p.m. The motion carried. 1981. These minutes approved on the 4th day of MARCH M. B. Pierson, MAYOR Marty Hendrix& CITY SECRETARY �0