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HomeMy WebLinkAboutMin - City Council - 1982 - 09/16 - RegularALLEN CITY COUNCIL Regular Session September 16, 1982 Present: Mickey Pierson, Mayor Council Members• Jim McClure H. R. Daugherty Don Rodenbaugh Dennis Offutt Absent• Joe Farmer, Mayor Pro Tem Ward Paxton City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary In accordance with Article 6252-17 (Open Meetings Law), V.A.T.C.S., Section 2(q), the Allen City Council met in Executive Session at 6:30 p.m. on Thursday, September 16, 1982, at Rountree Elementary School, 800 E. Main Street, to discuss matters per- taining to personnel. The Executive Session was adjourned at 7:25 p.m. The regular session of the Allen City Council was called to order by Mayor Pierson at 7:31 p.m. on Thursday, September 16, 1982, at Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) Mayor Pierson advised that the additional emergency -posted agenda item captioned "Consideration of a Resolution on Submission of an Application for Grant Funds for Crime Scene Search Equipment" would be considered as a part of the Consent Agenda. MOTION: Upon a motion made by Councilman Offutt and seconded by Councilman McClure, the Council voted 5 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of September 2, 1982 Minutes - Regular Session B. Authorization to City Staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Waller - Spears, Inc. $ 47,790.00 Contract No. FS 8023 - Construction of Service Center/City Hall Annex Payment No. 3 2. Hooper Engineering Laboratories, Inc. $ 287.74 Contract No. FS 8023 - Construction of Service Center/City Hall Annex - Testing Charges ALLEN CITY COUNCIL September 16, 1982 Page 2 MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted 5 - 0 to appoint the following individuals to the Board of Adjustment, with terms to commence on October 1, 1982 and terms to expire for Places No. 1, 3, and 5 on September 30, 1983 and for Places 2, 4 and Alternates 1 and 2 to expire on September 30, 1984: Place No. 1 - Rick Alexander Place No. 2 - Wayne Armand Place No. 3 - Don Kirkindoll Place No. 4 - John Karlsruher Place No. 5 - Don Lewis Alternate No. 1 - Carol Henry Alternate No. 2 - Rex Womack The motion carried. Iqa CONSENT AGENDA (continued) (Agenda Item II) 3. Marriott Brothers, Inc.$ 2,095.63 Contract No. 810206B - Construction of Sprinkler System at Municipal Complex Soccer Fields Payment No. 3 4. Transamerica Builders, Inc. $ 27,195.72 Contract No. 810206R - Construction of Reed Park - Payment No. 6 C. Resolution No. 413-9-82(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing the Submission of an Application to the Texas Criminal Justice Division Requesting Funding for Crime Scene and Identification Equipment; Allocating City Funds for Its Participation; and Designating the City Manager to Act in Behalf of the City of Allen in Applying for These Funds. The motion carried. End of Consent Agenda Appointments to Places on the Parks & Recreation Board (Agenda Item III -A) Mayor Pierson advised that the appointments to expiring terms of office for Places No. 1, 3, and 5 on the Parks and Recreation Board were to be considered at this time. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Daugherty, the Council voted 5 - 0 to reappoint the following individuals to another two year term of office on the Parks and Recreation Board, with terms to commence on October 1, 1982 and to expire on September 30, 1984: Place No. 1 - David Morgan Place No. 3 - Russell Bratcher Place No. 5 - Helen Johnson The motion carried. Appointments to Places on .the Newly Established Board of Adjustment/Sign Control Board (Agenda Item III -B) Mayor Pierson advised that the appointments to the newly established Board of Adjustment would be considered at this time. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted 5 - 0 to appoint the following individuals to the Board of Adjustment, with terms to commence on October 1, 1982 and terms to expire for Places No. 1, 3, and 5 on September 30, 1983 and for Places 2, 4 and Alternates 1 and 2 to expire on September 30, 1984: Place No. 1 - Rick Alexander Place No. 2 - Wayne Armand Place No. 3 - Don Kirkindoll Place No. 4 - John Karlsruher Place No. 5 - Don Lewis Alternate No. 1 - Carol Henry Alternate No. 2 - Rex Womack The motion carried. Iqa Ordinance No. 410-9-82: An Ordinance of the City of Allen, Collin County, Texas, Approving and Adopting the Budget and Setting Appropriations for the Fiscal Year Beginning October 1, 1982, and Terminating September 30, 1983; Amending Section I of Ordinance No. 297, Which had Previously Amended Section I of Ordinance No. 173 of the City of Allen, Texas; Approving and Adopting Ambulance Service Fees for Resident and Non -Resident Users; and Providing for an Effective Date. (Agenda Item IV -B) N3 ALLEN CITY COUNCIL September 16, 1982 Page 3 Appointments to Newly Established Board of Adjustment/Sign Control Board (cont'd) (Agenda Item III -B) Mayor Pierson advised that appointments to the newly esta- blished Sign Control Board and the appointed officers were to be considered at this time. 4 MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 5 - 0 to designate the appointees of the Board of Adjustment for Places No. 1, 2, 3, 4 and 5 to serve in a dual capacity as the Sign Control Board, with concurrent terms of office, and with the officers designated as follows: Rick Alexander - Chairman Wayne Armand - Vice Chairman Don Kirkindoll - Secretary The motion carried. Appointment to City Health Officer (Agenda Item III -C) Mayor Pierson advised that appointment to the City's Health Officer would be considered at this time. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 5 - 0 to reappoint Dr. Anthony E. Vita as the City Health Officer for another one year term of office, commencing on October 1, 1982 and expiring on September 30, 1983. The motion carried. Ordinance No. 409-9-82: An Ordinance of the City of Allen, Collin County, Texas, Setting, Fixing, and Adopting the Tax Rate for the City of Allen, Texas, for the Fiscal Year Beginning October 1, 1982, and Ending September 30, 1983; and Pro- viding an Effective Date for This Ordinance. (Agenda Item IV -A) City Manager McCarty advised the Council that based upon a recent updating of the property appraisals for the City of Allen by the Collin County Appraisal District, the proposed tax rate had been changed from the proposed 35.50 to 35.20 as reflected in the proposed ordinance and in keeping within the 3% limitation. The Council discussed the appraised values, which have been changed from $296 million to $298.7 million; the receipt of an approved certified tax roll, and if any bond indebtness for the sale of bonds had been calculated into the proposed tax rate figure. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 5 - 0 to adopt Ordinance No. 409-9-82, setting a 35.20 tax rate on each $100.00 valuation of property in the City of Allen. The motion carried. Ordinance No. 410-9-82: An Ordinance of the City of Allen, Collin County, Texas, Approving and Adopting the Budget and Setting Appropriations for the Fiscal Year Beginning October 1, 1982, and Terminating September 30, 1983; Amending Section I of Ordinance No. 297, Which had Previously Amended Section I of Ordinance No. 173 of the City of Allen, Texas; Approving and Adopting Ambulance Service Fees for Resident and Non -Resident Users; and Providing for an Effective Date. (Agenda Item IV -B) N3 ALLEN CITY COUNCIL September 16, 1982 Page 4 Ordinance No. 410-9-82 (continued) (Agenda Item IV -B) City Manager McCarty reviewed with the Council the proposed ordinance adopting the Fiscal Year 1982 - 1983 Budget and advised that in accordance with the change in the tax appraisals of property in the City of Allen and the reduction in the proposed tax rate, certain items in the proposed FY 1982 - 1983 Budget document had been changed accordingly. He stated that those changes were found on pages showing the combined summary, contingencies and reserves, revenue projections for the general fund, the tax structure and debt service fund. There were no changes in the City Departments' budgets. Mayor Pierson also added that the proposed ordinance included the raising of the tax exemption for persons 65 years of age or older from $12,000 to $15,000 and provided for an increase in ambulance services provided by the City of Allen Fire Department to $40.00 for resident users and $60.00 per call for non-resident users, with an additional $5.00 per call in the event oxygen is used. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 5 - 0 to adopt Ordinance No. 410-9-82, setting the budget appropriations beginning October 1, 1982 and terminating on September 30, 1983, and with appropriate budgetary amendments as presented by the City Manager. The motion carried. Ordinance No. 411-9-82: An Ordinance of the City of Allen, Texas, Repealing Ordinances No. 193, 211, and 228, of the City of Allen, Texas; Providing for Rates to be Charged for Water and Sewer Service; Providing for Collection of Such Rates; Providing for Disconnection of Service; Providing for Water and Sewer Tap Rates; Providing for Penalty of Violation of This Ordinance; Providing for a Deposit Fee, and Interest Thereon; Pro- viding for Temporary Water and Sewer Connection Fee; Providing for Meter Setting Charge; and Providing for a Penalty Clause, a Severability Clause and an Effective Date. (Agenda Item IV -C) City Manager Jon McCarty reviewed with the City Council the proposed ordinance which will provide for new charges for water and sewer rates, with a 23.58 increase in the water rates and a reduction in sewer rates of approximately 9.68; a new billing schedule to accommodate cycle billing, charges for reconnect services for delinquent accounts, increase charge for deposits, increase charges for tap fees, the inclusion of temporary con- nection charges, and a one-time meter setting charge. The Council discussed with the City Staff the present minimum water and sewer rates in comparison with the proposed new rates and the justifications for the increases, as well as the amount of increase needed to cover bond debt service and the fact that the water and sewer fund must be self-supporting and that it cannot be subsidized. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman Offutt, the Council voted 5 - 0 to adopt Ordinance No. 411-9-82, providing for new water and sewer rates. The motion carried. /qq ALLEN CITY COUNCIL September 16, 1982 Page 5 Appearance by Bobby Tod Concerning Cluster Mailboxes (Agenda Item V) Mr. Bobby Tod, Allen area resident and manufacturer of residential mailboxes, spoke before the Council regarding the use of cluster mailboxes in residential subdivisions and to advise the Council of the problems connected with the use of them. Mr. Tod provided the Council with an additional article from "The Home & Apartment Builder" which stated that the cluster mailboxes were another industry problem. Mayor Pierson advised Mr. Tod that this item had been dis- cussed at a City Council meeting back in 1973,and at that time it had met with a lot of opposition from the residents of Allen. The Council considered this item as a matter of information. There was no action taken on this item. Review of the Capital Improvements Program (Agenda Item VI) City Manager Jon McCarty spoke before the Council and pro- vided background information on the bond election of 1979 at which time the voters authorized $6.88 million in general obligation bonds for nine (9) propositions. The City has sold $2 million in bonds in October of 1979 and $2 million in May of 1981. Thus, there is now a $2.88 million balance in bonds to be sold from the original authorization. Using overhead transparencies, Mr. McCarty reviewed with the Council the approved capital improvement projects either in progress or complete and the amount of bond funds expended on them. Those projects include various street improvements for a total of $1,750,000; Service Center/City Hall Annex for a total of $772,290; Police Facilities for a total of $120,000; Fire Facilities for a total of $390,000; Library Facilities for a total of $190,000; and various park projects for a total of $870,000. During this review,the Council discussed with the City Manager the grass in Reed Park, the broken water fountain, the number of dead trees or trees in shock and how and when these items would be taken care of by the contractor. Mr. McCarty continued the presentation of the proposed capital improvement projects, showing the project, the amount of available bond funds, and the estimated cost of the projects. Those projects included various streets, City Hall facilities, fire fighting facilities, and various park and recreation facilities. During this review, the Council discussed the construction of Park Place, Jupiter Road and the repair of the shoulders of this road, and needed signalization on F.M. 2170 and on Highway 5 at Bethany Road. J. D. Buchanan, with Schneider, Bernet & Hickman, Inc., and the City's Bond Agent, spoke before the Council on the potential sale of the remaining $2.88 million in general obligation bonds. Mr. Buchanan reviewed various charts showing the present debt requirement of the City and the debt requirements of the new bonds, if they were sold,and using a 12% interest rate. He also reviewed charts showing economic impact of the sale of the bonds with the tax rate needed to pay the debt requirements, and charts showing the interest that can be earned on the bond funds during the construction of the projects. IL{S ALLEN CITY COUNCIL September 16, 1982 Page 6 Review of the Capital Improvements Program (cont'd) (Agenda Item VI) The Council discussed with Mr. Buchanan the fluctuating interest rates in the bond market, the time frame required for using the bond funds after the sale, time frame for selling bonds after the authorization by the election, amount of time needed by bond agent to prepare for the sale of the bonds, and obtaining a better bond rating for the City of Allen. By consensus, the City Council set a called - special work- shop session for Thursday, September 23, 1982 at 7:30 p.m. in order to review and discuss the bond sale and the proposed capital improvements program further. Councilman Rodenbaugh requested that the City Staff prepare figures of bond funds to be encumbered to pay for capital improve- ments projects which are still in progress. Councilman Offutt advised that he would like to meet with the City Manager to have an indebt review of the entire bond process and how it relates to the capital improvements program. Mayor Pierson recessed the regular session of the Allen City Council at 9:10 p.m. The meeting reconvened at 9:25 p.m. Ordinance No. 412-9-82: An Ordinance of the City Council of the City of Allen, Texas, Revising the Fuel Adjustment Clause of Texas Power and Light Company in the City of Allen, Providing for an Effective Date for Such Fuel Adjustment Clause Rate Schedule, and Providing Conditions Under Which Such Fuel Adjustment Clause Rate Schedule May be Changed, Modified, Amended or Withdrawn. (Agenda Item VII) City Manager Jon McCarty provided the Council with a brief background on the history of the controversy regarding the fuel adjustment clause used by the Texas Utilities Company, and advised the outcome of the final judgement is shown in "Exhibit I" of the proposed ordinance and the procedure for review of the fuel adjust- ment clause has been prepared in "Exhibit II" of the proposed ordinance. Jerry Lockhart, General Manager of Texas Power & Light Company, spoke before the Council on the review procedure used for the fuel adjustment clause and how it would be implemented. The Council briefly discussed with Mr. Lockhart the effect of this on the consumer, if any. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Rodenbaugh, the Council voted 5 - 0 to adopt Ordinance No. 412-9-82. The motion carried. Texas Power & Light Notice to the Public Utility Commission (Agenda Item XI -C) (This item was moved up on the agenda.) At this time, Mayor Pierson asked Mr. Lockhart to speak before the Council on the application filed with the Public Utility Com- mission regarding the consolidation of Dallas Power & Light Company, Texas Electric Service Company, and the Texas Power & Light Company. 14U1 ALLEN CITY COUNCIL September 16, 1982 Page 7 Mr. Fix advised that eight (8) bids had been received, with the apparent low bidder being L. E. Delekta, Inc., at a cost of $23,602 with 30 calendar days for construction. Mr. Fix had checked on references for the lower bidder and had received favorable comments on the work done by the company. City Manager McCarty advised the Council that the City Staff would also recommend the reduction of the proposed project costs so that they are reflected as follows: Construction of 12" Water Line $23,602.00 Engineering & Inspection Fees 1,652.00 Contingencies 2,000.00 Total Estimated Cost $27,254.00 MOTION: Upon a motion made by Councilman Offutt, and seconded by Councilman Daugherty, the Council voted 5 - 0 to award the contract for the construction of the 12" water line on Exchange Parkway to L. E. Delekta, Inc., in the amount of $23,602 with 30 calendar days for construction, and to approve the reduced estimated project costs as per the recommendation of the City Manager. The motion carried. Amending the Bethany Road, Butler Drive and Pebblebrook Drive Construction Project Budget (Agenda Item IX) City Manager McCarty advised the Council of the background on the funding of the construction project of Butler Drive, Pebblebrook Drive and Bethany Road,and the amount of voluntary assessments received from adjacent property owners along Bethany Road which reduced the amount of the City's obligation in the costs of paving Bethany Road. Per the accountant's recommendation, the allocated costs should be approved and noted in the City's official records. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 5 - 0 to approve the project budget costs for the Bethany Road, Butler Drive and Pebblebrook Drive construction as follows: 147 Texas Power & Light Notice to Public Utility Commission (cont'd) (Agenda Item XI -C) Mr. Jerry Lockhart, General Manager of Texas Power & Light Company, spoke briefly before the Council on the consolidation of the referenced companies into a single electric utility com- pany to be known as Texas Utilities Electric Company, with no changes in local service and no changes in rates. The Council considered this item as a matter of information and there was no action taken on it. Awarding of Contract for Construction of Exchange Drive 12" Water Line (Agenda Item VIII) Ron Fix, City Engineer, presented to and spoke before the Council on the tabulation of bids received for the construction of the 12" water line on Exchange Parkway, from in front of Fire Station No. 2 westward to tie onto an existing water main just east of Roaring Springs. Mr. Fix advised that eight (8) bids had been received, with the apparent low bidder being L. E. Delekta, Inc., at a cost of $23,602 with 30 calendar days for construction. Mr. Fix had checked on references for the lower bidder and had received favorable comments on the work done by the company. City Manager McCarty advised the Council that the City Staff would also recommend the reduction of the proposed project costs so that they are reflected as follows: Construction of 12" Water Line $23,602.00 Engineering & Inspection Fees 1,652.00 Contingencies 2,000.00 Total Estimated Cost $27,254.00 MOTION: Upon a motion made by Councilman Offutt, and seconded by Councilman Daugherty, the Council voted 5 - 0 to award the contract for the construction of the 12" water line on Exchange Parkway to L. E. Delekta, Inc., in the amount of $23,602 with 30 calendar days for construction, and to approve the reduced estimated project costs as per the recommendation of the City Manager. The motion carried. Amending the Bethany Road, Butler Drive and Pebblebrook Drive Construction Project Budget (Agenda Item IX) City Manager McCarty advised the Council of the background on the funding of the construction project of Butler Drive, Pebblebrook Drive and Bethany Road,and the amount of voluntary assessments received from adjacent property owners along Bethany Road which reduced the amount of the City's obligation in the costs of paving Bethany Road. Per the accountant's recommendation, the allocated costs should be approved and noted in the City's official records. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman McClure, the Council voted 5 - 0 to approve the project budget costs for the Bethany Road, Butler Drive and Pebblebrook Drive construction as follows: 147 ALLEN CITY COUNCIL September 16, 1982 Amending the Bethany Road, Butler Drive and Pebblebrook Drive Construction Project Budget (cont'd) Total Cost Costs to be Paid By: Page 8 (Agenda Item IX) City of Allen $ 193,752.00 Bank of Texas 31,599.00 Charles Forbes 596,390.00 Exxon, Inc. 155,980.00 D.L.M., Inc. 278,245.00 The motion carried. $1,255,966.00 Approval of Health Insurance Carrier for City of Allen Employees (Agenda Item X) Bill Petty, Building Official and Chairman of the Employees Insurance Committee, presented to and spoke before the Council on the study of health insurance benefits and premium payments by the employee insurance committee and advised of their findings. Mr. Petty stated that based upon the comparison of benefits and premium payments of Transamerica Occidential (the city's existing insurance company), Texas Municipal League, Traveler's, Banker's Life, and Aetna Life, the insurance committee recommended the city changing to Banker's Life Insurance Company and recom- mended the city change the insurance anniversary date from March 1st to October 1st to coincide with the city's fiscal year for budgetary reasons. The City Council discussed with Mr. Petty and Mr. Willie Jacobs, the insurance agent, the disability coverage benefits; pre-existing conditions; the City Staff to look at all disability coverage, sick leave and comp time benefits to establish policy on disability benefits; and Mr. Jacobs provided a breakdown of the costs in the premium payment that covers the life insurance, hospitalization, disability, etc. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 5 - 0 to approve the recommendation of the City Staff to change the insurance anniversary date to October 1st and to change insurance companies from Transamerica Occidential Life to Banker's Life Insurance Company, with the City Staff to work out details of disability benefits and policies regarding such. The motion carried. City Manager McCarty advised the Council that per dis- cussions held at the budget retreat, the City Staff would also begin studying the additional benefit of providing dental insurance for the city employees and would perhaps bring forth some recom- mendations to the Council at a later time during the year. Police Report - August, 1982 (Agenda Item XI -A) 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 August, 1982. The Council briefly reviewed the report with Chief Carroll. There was no action taken on this item. M ALLEN CITY COUNCIL September 16, 1982 Tax Report Page 9 (Agenda Item XI -B) Walter Curtis, Tax Assessor/Collector advised the Council that the certified tax roll had not been received,and based upon the accuracy of the one the city receives, it is anticipated that the tax statements will be prepared the middle of October and sent out to property owners the latter part of October. There was no action taken on this item. Councilman Rodenbaugh asked if a growth evaluation had been prepared by the Tax Office for the coming year and was advised that this type of report is done later on during the year and was not available at this time. Fixed Assets Study (Agenda Item XI -D) Linda Midtling, Finance Director, spoke before the Council on a proposed fixed assets study to be done by an outside appraisal company on all of the fixed assets of the City of Allen. This approach is suggested, rather than in-house, due to the lack of records on the assets purchased by the city. Ms. Midtling advised that she had received a proposal from the American Appraisal Company in the amount of $2900 for the fixed assets study, to be funded partially from the FY 1981 - 82 budget and the FY 1982 - 83 budget. It was the consensus of the City Council that the City Staff proceed in obtaining the American Appraisal Company to do a fixed assets study for the City of Allen in the amount of $2900. Proposed High Grass and Weeds Ordinance (Agenda Item XI -E) City Manager McCarty advised the Council that the Fire Marshal is preparing a new proposed ordinance regulating high grass and weeds in the City and the maintenance of such. The Council discussed the proposed ordinance and the continual violations of the existing ordinance by the Railroad Company not keeping the grass and weeds cut along the railroad tracks in the city. Mr. McCarty advised that the proposed ordinance would be forthcoming at an upcoming Council meeting. There was no action taken on this item. General Discussion City Secretary Marty Hendrix advised the Council of the upcoming Texas Municipal League Conference to be held in Fort Worth on October 23rd through 26th. All Council Members interested in attending this conference should notify the City Secretary by September 30th in order that reservations can be made. Adjournment MOTION: upon a motion made by Councilman McClure and seconded by Councilman Offutt, the Council voted 5 - 0 to adjourn the regular session of the Allen City Council at 11:05 p.m. The motion carried. These minutes approved on the 7th day of October 1982. Pie son, MAYOR Marty Hendrix, 51TY SECRETARY lqf