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HomeMy WebLinkAboutMin - City Council - 1982 - 07/15 - RegularPROPOSED USE HEARING" REVENUE SHARING FUNDS FY 1982 - 83 BUDGET July 15, 1982 7:00 P.M. Present: Jon McCarty, City Manager Marty Hendrix, City Secretary City Manager Jon McCarty called the "Proposed Use Hearing" to order at 7:00 p.m, on Thursday, July 15, 1982, at Rountree Elementary School, 800 E. Main Street, Allen, Texas. There were approximately 32 people in attendance at the meeting. Approximately 25 of the people present were from the Allen's Senior Citizens Group. City Manager McCarty read the following public notice for the "Proposed Use Hearing" into the record as follows: City of Allen Public Notice "Proposed Use Hearing" for Revenue Sharing Funds Notice is hereby given that the City Manager of the City of Allen, Texas, will conduct a "Proposed Use Hearing" for Revenue Sharing Funds for the Fiscal Year 1982 - 83 on Thursday, July 15, 1982, at 7:00 p.m., at Rountree Elementary School, 800 East Main Street. An estimated balance of $4,399.00 from the 1981 - 1982 funds and $60,000.00 projected for 1982 - 1983 will be considered for the purchase of Capital Outlay items for the City of Allen. All interested citizens may submit written or oral comments concerning the use of the Revenue Sharing Funds for the Fiscal Year 1982 - 1983 at the "Proposed Use Hearing". Mr. McCarty advised that this notice had been published in "The Allen American" on Monday, July 5, 1982. City Manager McCarty provided those present with background information on federal revenue sharing funds, procedures involved in obtaining the funds, how the funds are received by the City of Allen during the year, and how the City of Allen uses the funds. Mr. McCarty opened the Public Hearing. The following persons spoke before the City Manager with requests for use of the revenue sharing funds: Mrs. Lucille Brazeal, 100 Boyd Street, President of the Senior Citizens Group of Allen, presented the request for the Senior Citizens as follows: Advertising $ 192.00 Portable Record Player & Microphone, and records $ 300.00 Wiring at present facilities $ 400.00 Miscellaneous items $ 200.00 Newsletter $ 100.00 Microwave Oven $ 385.00 Three (3) Tables $ 150.00 loci "PROPOSED USE HEARING" REVENUE SHARING FUNDS FY 1982 - 1983 BUDGET July 15, 1982 - 7:00 p.m. Page 2 Telephone (@ $27.00 a month) $ 325.08 Activity Fund (for recreation & speakers, etc.) $ 500.00 TOTAL $2,552.08 Mrs. Brazeal explained each of the budget items requested and provided written copies of this proposed budget for the record. Mr. McCarty discussed with Mrs. Brazeal some of the various items that had been requested, particularly the wiring needed at the existing facilities at the old middle school. Mr. Bill Brombacher, 408 Pebblebrook, requested that the funds be used to pay for the part of the sprinkler system in Reed Park which had been taken out of the con- tract due to limited funds. The cost of the sprinkler system was approximately $30,000. Mr. Bob Outman, 570 Bell Drive, Director of Community Education Services with the Allen Independent School Dis- trict, spoke in favor of the funds requested by the Senior Citizens Group. Mrs. Thelma Marion, 406 W. Coats, spoke in favor of the funds requested by the Senior Citizens Group. Mr. Melvin Gant, 406 Anna, spoke in favor of the funds requested by the Senior Citizens Group. 40/ Mayor Mickey Pierson spoke in regards to the wiring at the old middle school facilities and asked that the City Staff look into the wiring problem and see what work needs to be done. Mr. Pete Ford, 408 Coats Drive, thanked Don Rodenbaugh for the refrigerator he had donated to the Senior Citizens Group. Mrs. Irene MCGlathery, Rt. 2, Allen, asked that the City donate some property to the Senior Citizens so that a Community Center can be constructed. City Manager McCarty summarized the requests from the individuals who spoke regarding the use of revenue sharing funds. Mr. McCarty discussed with the Senior Citizens the length of the use of the present facility at the old middle school. With no one else wishing to provide oral or written testimony at the public hearing, City Manager McCarty closed the Public Hearing. The meeting adjourned at 7:25 p.m. Marty Hendri , CITY SECRETARY !o$ ALLEN CITY COUNCIL Regular Session July 15, 1982 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Don Rodenbaugh Dennis Offutt Absent: Ward Paxton 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 7:33 p.m. on Thursday, July 15, 1982, at the Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) [ MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman Rodenbaugh, the Council voted 6 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of Minutes of July 1, 1982 - Regular Session B. Authorization to City Staff to pay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. Waller Spears, Inc. $ 10,677.10 Contract No. FS 8023 - Service Center/City Hall Annex Payment No. 2 2. Brockette/Davis/Drake, Inc. $ 1,638.40 Contract No. FS 8023 - Service Center/City Hall Annex Consulting Engineers Fees for Surveying 3. Fisher & Spillman Architects $ 158.62 Contract No. FS 8023 - Service Center/City Hall Annex - additional services for fuel facility studies in December, 1981 4. Marriott Brothers, Inc. $ 8,596.39 Contract No. 810206B - Sprinkler System on Municipal Complex Soccer Fields Payment No. 1 End of Consent Agenda ALLEN CITY COUNCIL July 15, 1982 Page 2 Public Hearing: Variance Request to Sign Ordinance for Use of Advertising Pennants & Banners John Tanner Auto Sales Federal & Allen Drives (Agenda Item III -A) Acting in the capacity of the Sign Control Board, the City Council considered the following request. Mayor Pierson read the request into the record as follows: "Request by John Tanner Auto Sales for variance to the Sign Ordinance for use of advertising banners and pen- nants on a continual basis." Due to a possible conflict of interest regarding this request, Mayor Pierson abstained from consideration of this request and turned the meeting over to Mayor Pro Tem Farmer. John Tanner, with John Tanner Auto Sales, spoke before the Council on his request for a variance to the City of Allen Sign Regulations Ordinance No. 374-10-81, Section III, paragraph D(1), to allow the use of advertising banners and pennants at his place of business, John Tanner Auto Sales located at the intersection of Federal and Allen Drives, on a continual basis. Mayor Pro Tem Farmer opened the public hearing. No one appeared to speak either for or against the request for a variance. Mayor Pro Tem Farmer closed the public hearing. The Council discussed with Mr. Tanner the type of pennants to be used, the use of the pennants and banners and the necessity of keeping them neat in appearance, where they would be placed on the business, impact of this use on the surrounding residential neighborhood, any complaints received on the use of them, and the consideration of establishing a time frame for the use of them at this business. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman Rodenbaugh, the Council voted three (3) for and two (2) opposed, with Councilmen Offutt and McClure casting the negative votes and Mayor Pierson abstaining from voting, to grant the variance request to the City of Allen's Sign Regulations Ordinance to allow the use of advertising banners and pennants at the John Tanner Auto Sales, located at Federal and Allen Drives, on a continual basis. The motion carried. Mayor Pro Tem Farmer turned the meeting back to Mayor Pierson. Public Hearing: Variance Request to Sign Ordinance for Height and Face Size for McDonald's Cor- poration, located west of U.S. 75 and south of F.M. 2170 (Agenda Item III -B) Acting in the capacity of the Sign Control Board, the City Council considered the following request. Mayor Pierson read the request into the record as follows: "Request from McDonald's Corporation for Variance to the Sign Ordinance as to Height and Face Size." 1011 ALLEN CITY COUNCIL July 15, 1982 Page 3 Public Hearing: Variance Request to Sign Ordinance from (continued) McDonald's Corporation (Agenda Item III -B) Mr. Charlie O'Reilly, Owner/Operator of the McDonald's Restaurant to be located west of U. S. 75 and south of F.M. 2170, spoke before the Council on his request for two (2) variances to the City of Allen Sign Regulations Ordinance No. 374-10-81, Section III, paragraph F(1), in order to erect a McDonald's freestanding pole sign at a height of 74' and with a face size of 394 square feet. Regulations of the Sign Ordinance state that a sign may not be more than 40 feet in height and with a face size of not more than 128 square feet. Mr. O'Reilly advised that the permitted size and height allowed by the Sign Ordinance could not be seen at this location and without the requested variances he would suffer a hardship. Mayor Pierson opened the public hearing. Mr. Bill Haupt, 624 Roaming Road, spoke before the Council in favor of this variance request. With no one else wishing to speak either for or against this request, the public hearing was closed by Mayor Pierson. The Council discussed with Mr. O'Reilly the need for this height and size, the use of a billboard sign to direct traffic to the McDonald's location, the structure of the sign, and the variances granted by other cities for these signs. MOTION: Upon a motion made by Councilman Daugherty and seconded by Mayor Pro Tem Farmer, the Council voted four (4) for and two (2) opposed, with Councilmen Offutt and McClure casting the negative votes, to grant the two (2) variance requests for the McDonald's Corporation freestanding pole sign at a height of 74' and a face size of 394 square feet, to be located west of U. S. 75 and south of F. M. 2170. The motion carried. Public Hearing: Texas Power & Light Company Rate Increase Request Filed on February 12, 1982 (Agenda Item III -C) and Ordinance No. 395-7-82: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Approving Rate Schedules to be Charged by Texas Power and Light Company in the City of Allen, Texas, Providing for Such Schedules, Other Conditions, Severability and Repeal of Conflicting Ordinances. City Manager McCarty advised that the Texas Power & Light Company had submitted their rate increase request on February 12, 1982 for an increase of $188,000,000 per annum, amounting to a 26.65% increase in base rates. The effective date of the rate increase was suspended for 120 days by Resolution No. 384-3-82(R). The City of Allen, working through the Texas Municipal League with other cities, then intervened in the rural rate case and hired a consultant who filed a submission to the Public Utilities Commission. A settlement had been reached by all parties concerned. Thus, the City Staff's recommendation was to hold the public hearing and consider the proposed ordinance establishing the rates and schedules for Texas Power and Light. Jerry Lockhart, Manager of Texas Power & Light Company, spoke before the Council regarding the settlement in the rate case, advised of the Public Utility Regulatory Act, the responsibility of the Public Utilities Commission, the work done on the negotiations of a settlement and the results of the settlement. 109 ALLEN CITY COUNCIL July 15, 1982 Page 4 n9 Public Hearing: Texas Power & Light Company Rate Increase Request (Agenda Item III -C) Mayor Pierson opened the public hearing on the rate increase request. The following individual spoke in opposition to the rate increase request: Bill Haupt, 624 Roaming Road With no one else wishing to speak either for or against the request, Mayor Pierson closed the public hearing. The Council discussed with Mr. Lockhart the percentage of increase between the summer rates and winter rates, why commercial costs are more than residential costs, results if this request was denied, the fact of whether construction work in progress is included in a rate increase request, and why the rates are higher in the summer and not evenly distributed all year round. MOTION: Upon a motion made by Councilman Offutt and seconded by Councilman Daugherty, the Council voted two (2) for and four (4) opposed, with Mayor Pierson and Council Members Farmer, Rodenbaugh and McClure casting the negative votes, to deny the rate increase request from Texas Power & Light Company. The motion failed. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted four (4) for and two (2) opposed, with Councilmen Daugherty and Offutt casting the negative votes, to adopt Ordinance No. 395-7-82 approving the rate charges. The motion carried. Mayor Pierson recessed the regular meeting of the Allen City Council at 9:02 p.m. The meeting reconvened at 9:11 p.m. Approval of a Temporary Subdivision Sign for Fox & Jacobs in Timberbend I, Lot 1, Block F, 1301 Crestwood (Agenda Item IV) Acting in the capacity of the Sign Control Board, the City Council would consider the following request. Mayor Pierson read the request into the record as follows: "Consider a request for temporary subdivision sign in the Timberbend I Addition." Steve Hannigan, with Keenan -Yates Advertising, Inc., repre- senting Fox & Jacobs, spoke before the Council on this request. The request was to erect an 8' x 12' double-faced subdivision sign at a height of 15 feet, to be located in the Timberbend I Addition, on Lot 1 of Block F, being 1301 Crestwood Court. The sign would advertise the model homes by Fox & Jacobs. Per the regulations of the Sign Regulations Ordinance No. 374-10-81, a permit can only be granted for a six-month period of time for this classification of sign. Bill Petty, Building Official, advised the Council that the sign met all of the requirements of the Sign Ordinance. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Daugherty, the Council voted 6 - 0 to approve the temporary subdivision sign for Fox & Jacobs for a 6 -month period, ending January 15, 1983, at the requested location. The motion carried. n9 ALLEN CITY COUNCIL July 15, 1962 Page 5 Ordinance No. 396-7-82: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 369-10-81 to Include the Attachment of Exhibit "A" as the Approved Site Plan for Develop- ment of Lot 1, Mr. Quik Addition II, as Delineated on the Official Zoning Map as a Portion of PD -SC No. 4; Pro- viding for a Penalty, Providing for an Effective Date; and Providing for Pub- lication of the Caption. (Agenda Item V-A) Ordinance No. 397-7-82: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 373-10-81 to Include the Attachment of Exhibit "A" as the Approved Site Plan for Develop- ment of Lot 2, Molsen Addition, as Delineated on the Official Zoning Map as a Portion of PD -GB No. 8; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. _ (Agenda Item V -B) Ordinance No. 398-7-62: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 372-10-81 to Include the Attachments of Exhibit "A", Approved Site Plan, and Exhibit "B", Use Regulations, for Development of 44+ Acres of Land as Delineated on the Official Zoning Map as PD-TH No. 7; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. (Agenda Item V -C) Ordinance No. 399-7-82: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 367-10-81 to Include the Attachment of Exhibit "C" as the Approved Site Plan for Develop- ment of Lot 1, Block 1, Tract 3, Green- wood Valley Planned Unit Development as Delineated on the Official Zoning Map as a Portion of PD No. 2; Presently Zoned Community Facilities; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. (Agenda Item V -D) Mayor Pierson advised that the proposed ordinances were zoning matters pertaining to planned developments, which had been approved at prior public hearings. Ordinance No. 396-7-82 pertained to an animal hospital, Ordinance No. 397-7-82 per- tained to a McDonald's Restaurant, Ordinance No. 398-7-82 per- tained to a development by Fox & Jacobs for single-family resi- dential homes, courtyard homes, cluster homes, and townhouse development, and Ordinance No. 399-7-82 pertained to the Church of the Jesus Christ of Latter Day Saints. The final action to be taken on these matters is to adopt the proposed ordinances in order to amend the appropriate planned development ordinance to include the site plans for the development of the various tracts. /!O ALLEN CITY COUNCIL July 15, 1982 Page 6 Ordinance No. 396-7-82 (Agenda Item V-A) Ordinance No. 397-7-82 (Agenda Item V -B) Ordinance No. 398-7-82 (Agenda Item V -C) Ordinance No. 399-7-82 (continued) (Agenda Item V -D) MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Daugherty, the Council voted 6 - 0 to adopt Ordinances No. 396-7-82, 397-7-82, 398-7-82, and 399-7-82 as captioned previously. The motion carried. Approval of Change Work Order on Contract for 24" Water Line with Cullum Construction Company (Agenda Item VI -A) City Manager McCarty advised the City Council of the work done on the 24" water line along Bethany Road and the work done to obtain all of the easements in order to construct the 24" line in that area. All of the easements had been previously obtained except for one small piece of property. That easement has been recently obtained, thus the remaining 50' portion of the water line can now be completed. Since Cullum Construction Company had to move off of the site before the remaining easement could be obtained, a change work order in the amount of $2,000 is required to complete this project. The City Council discussed the necessity of this small 50' portion of the water line and why the easement took so long to obtain. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 6 - 0 to approve ,r the Change Work Order to the contract for the 24" water line constructed by Cullum Construction Company in the amount of $2,000. The motion carried. Consideration of Change Work Order to Contract with Transamerican Builders on Construction of Reed Park (Agenda Item VI -B) City Manager McCarty advised the Council that the information on this change work order was not available at this time and he requested that the Council table this item. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Daugherty, the Council voted 6 - 0 to table this item until the next regular City Council meeting of August 5, 1982. The motion carried. Tax Report - June 30, 1982 (Agenda Item VII -A) Walter Curtis, Tax Assessor -Collector, presented to and spoke before the Council on the Schedule of Taxes Receivable as of June 30, 1982. Mr. Curtis also advised the Council of the amount of exemptions that can be granted to individuals who are 65 years of age and older, with figures for the loss in tax revenues for granting of various percentages. The Council discussed the receipt of the approved tax roll, and the granting of an additional 4 percent in exemptions for 65 years of age and older. There was no action taken on this item. ALLEN CITY COUNCIL July 15, 1982 Page 7 Police Report - June, 1982 (Agenda Item VII -B) Police Chief Richard Carroll presented to and spoke before the Council on the Consolidated Summary of Activities of the Allen Police Department for the month of June 1982. Chief Carroll advised the Council that this form had been changed and reviewed the changes with the Council. In discussions with Chief Carroll on this report, Mayor Pierson asked that the quarterly report be prepared as a com- parison of the activities that occurred in 1981 to those of 1982. There was no action taken on this item. Filming of Council Meeting for Private Showing (Agenda Item VII -C) City Manager McCarty advised the Council of the new video equipment that had been made available to the City of Allen's Library. Mr. McCarty advised also of the various uses for the equipment and requested that perhaps an initial use of the equipment could be to film a Council Meeting and show the film to the Council in a private showing. The Council discussed the various uses of this equipment and advised the City Manager that they were agreeable to the filming of one of their meetings for a private showing to the Council. Adjournment MOTION: Upon a motion made by Councilman Rodenbaugh and �r seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 10:05 p.m. into executive session. The motion carried. Executive Session 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 10:10 p.m, to discuss matters pertaining to real estate. The executive session was adjourned at C 1982. These minutes approved on the 5th day of August M ckey Pierson, Marty Hendri , CITY SECRETARY Iia