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HomeMy WebLinkAboutMin - City Council - 1982 - 12/16 - RegularALLEN CITY COUNCIL REGULAR SESSION December 16, 1982 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Don Rodenbaugh Ward Paxton Dennis Offutt 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 7:35 p.m. on Thursday, December 16, 1982, at Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman Offutt, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of November 29, 1982 Minutes - City Council/ Planning & Zoning Commission Called - Special Workshop Session B. Approval of December 2, 1982 Minutes - Executive Session, Workshop Session, and Regular Session C. Approval of a Contract between the City of Allen and Lone Star Gas Company for gas service to the City's Service Center/City Hall Annex and the Allen Indepen- dent School District's Warehouse buildings located on Butler Circle. D. Authorization to City Staff to pay bills associated with the 1979 - 1982 Capital Improvements Program as follows: 1. Ronald E. Fix & Associates: a. Contract No. 820503A - Con- $ 370.02 struction of 12" Water Line on Exchange Parkway - Engineering Fee for September and Field Layout b. Contract No. 820503C - Con- $ 120.00 struction of Jupiter Road Bridge Engineering for relocation ease- ments - revised descriptions of Jupiter Road Bridge 2. Waller -Spears, Inc. $78,483.60 Contract No. FS 8023 - Con- struction of Service Center/ City Hall Annex Building Payment No. 7 aoa, ALLEN CITY COUNCIL December 16, 1982 Page 2 CONSENT AGENDA (continued) (Agenda Item II) E. Resolution No. 423-12-82(R): A Resolution of the City Council of the City of Allen, Texas, Authorizing the City Manager to Execute an Agreement Between the City and the Southern Pacific Transportation Company Concerning Construction of Signal Devices and the Grade Crossing at Bethany Drive in the City of Allen, Texas. F. Set Public Hearing Date for January 6, 1982 for con- sideration of a request for site plan amendment approval for the First National Bank. The motion carried. End of Consent Agenda Oaths -of -Office to Newly Appointed Members of the Library Board (Agenda Item III) City Secretary Marty Hendrix advised the Council that three of the members of the Library Board could not attend this meeting to receive their oaths -of -office. Those members were Linda Cravens, Eileen Tollett, and Nell Box. These oaths -of -office would be administered at the City Hall at a later date. City Secretary Marty Hendrix administered the oath -of -office to other members of the Library Board, being Gayle Boon and Andy Kelly. Consideration of the Rate Increase (40/ Request from Lone Star Gas Company (Agenda Item IV) This item was tabled at the City Council meeting of November 4, 1982. City Manager Jon McCarty advised the Council that information had been furnished by Lone Star Gas Company in response to various questions posed by the City Council at the public hearing held on November 4, 1982. Mr. McCarty then provided a brief review to date of the actions by the City Council on the rate increase request filed by Lone Star Gas Company on August 6, 1982. Mike Schweikhard, Manager of Lone Star Gas Company, was present to answer any questions, along with Nancy Umbach, Director of Community Services for Lone Star Gas Company. Mayor Pierson advised that Lone Star Gas Company's rate increase request had been a 5.738 increase. The Mayor advised that Mr. Bill McMorries, the city's consultant on this rate case, had recommended a 1.518 increase, with the exclusion of construction work in progress, and a 2.338 increase, with the inclusion of con- struction work in progress. There was considerable discussion between the City Council and Mr. Schweikhard and Ms. Umbach on the effect of the increase in the base rate with the fuel adjustment cost. Mr. Schweikhard and Ms. Umbach explained the relationship and the formula for arriving at the rate increase, as well as explaining that the 5.738 increase represented the rate of return that Lone Star Gas Company needed. At the Council's request, City Manager McCarty advised that the City Staff's recommendation was to accept the consultant's recommendation of a 1.518 increase in base rates. 103 ALLEN CITY COUNCIL December 16, 1982 Page 3 Consideration of the Rate Increase Request from Lone Star Gas Company (cont'd) (Agenda Item IV) The City Staff reviewed with the City Council the process that results if the rate increase request is denied, and that Lone Star Gas Company can proceed with this rate increase request to the Railroad Commission for consideration. The Council discussed the high rate of return that they felt Lone Star Gas is requesting and the need in these economic times to cut back on costs. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Daugherty, the Council voted 7 - 0 to deny the Lone Star Gas Company's rate increase request. The motion carried and the request was denied. Approval of Preliminary and Final Plat for Rodenbaugh South Addition (Agenda Item V) Councilman Rodenbaugh abstained from consideration of this item and stepped out of the room due to a conflict of interest. Gary Rodenbaugh presented to and spoke before the Council on the preliminary and final plat for the Rodenbaugh South Addition, located at the northwest corner of Butler Drive and Butler Circle. Mr. Rodenbaugh advised that he owns this tract of land and wants to sell off the portion that contains the house, thus re- quiring the subdivision of this tract and the need for the pre- liminary and final plat showing the division into two lots. Mr. Rodenbaugh explained that the plat showed the exterior boundaries of the two lots. Lot 1 contains the one story frame house, garage building and gravel driveway, and is zoned R-5 residential zoning. This is the lot he plans to sell. Lot 2 is vacant property at this time. Mayor Pierson advised that the Planning and Zoning Commission had recommended approval of the preliminary and final plat for the Rodenbaugh South Addition as submitted. MOTION: Upon a motion made by Councilman Offutt and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to approve the preliminary and final plat for the Rodenbaugh South Addition as submitted, and in accordance with the recommendation of the Planning and Zoning Commission as stated. The motion carried. Councilman Rodenbaugh returned to his place on the Council. Determination of an Allowable Use in a Local Retail Zone (Agenda Item VI) Bill Petty, Director of Community Development, advised the Council that Mr. Mason Farmer, 337 E. Polk in Richardson, had purchased the property located at 203A E. Main Street in Allen to open a retail store dealing in special interest items such as plumbing supplies, heating and air conditioning, and sprinkler system parts. Mr. Farmer has requested that these uses be included under the allowable uses in a local retail zoning district of hardware store. Thus, with this type of request for a new or unlisted use, Mr. Petty advised that the Planning and Zoning Com- mission and City Council must review and act upon this request to make the determination concerning the classification of such use and if it is appropriate in the zoning district. RMA ALLEN CITY COUNCIL December 16, 1982 Page 4 Police Report - November, 1982 (Agenda Item VIII -A) Police Chief Richard Carroll presented to and spoke before the Council on the Consolidated Summary of Activities for the Allen Police Department for the month of November, 1982. The Council discussed with Chief Carroll the number of recent burglaries in the city and the solving of the cases. This item was received as a matter of information. There was no action taken on this item. 2ns Determination of an Allowable Use in a Local Retail Zone (cont'd) (Agenda Item VI) Mr. Petty advised that the Planning and Zoning Commission had recommended that this use be considered a valid use under the local retail zoning classification. Mr. Mason Farmer was present to answer questions regarding his request. The Council discussed with Mr. Farmer this type of business and the fact that there would be no outside storage of items. The Council discussed the definition of the local retail zoning classification and the permitted uses under it, and the areas in the city designated as such. The Council recommended to the City Staff that research be done on the local retail zoning classification and the areas in the city designated as such, with perhaps thoughts for a better zoning classification or a more distinct zoning district for the existing central business district. The Council also discussed the fact that there could not be any outside storage on the subject property; and a prior concern for traffic and parking problems for the Main Street businesses was pointed out and discussed pertaining to this property. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the request as a valid use in the local retail zoning classification, and in accordance with the recom- mendation of the Planning and Zoning Commission, as stated. The motion carried. Mayor Pro Tem Farmer requested that the record reflect that he is not related to Mr. Mason Farmer. Approval of Engineering for Park Place East (Agenda Item VII) Jean Blakney, with Ronald E. Fix & Associates which is the City's Engineer, spoke before the Council on the engineering for Park Place East. Ms. Blakney presented a color -coded aerial photo showing the three portions of Park Place Drive, and indicated the portion to be engineered. She also handed out to the Council the estimated cost for a 37 foot wide street and for a 21 foot wide street, with the estimated project schedule. The Council briefly discussed with the City Staff the obtaining of the right-of-way in order to construct the 37 foot wide street and the status of the construction of the west portion of Park Place. MOTION: Upon a motion made by Councilman McClure and seconded by t. Councilman Daugherty, the Council voted 7 - 0 to authorize the City Engineer to proceed with the engineering for construction of Park Place East. The motion carried. Police Report - November, 1982 (Agenda Item VIII -A) Police Chief Richard Carroll presented to and spoke before the Council on the Consolidated Summary of Activities for the Allen Police Department for the month of November, 1982. The Council discussed with Chief Carroll the number of recent burglaries in the city and the solving of the cases. This item was received as a matter of information. There was no action taken on this item. 2ns ALLEN CITY COUNCIL December 16, 1982 Contribution and Expenditure Statements Page 5 (Agenda Item VIII -B) City Secretary Marty Hendrix advised the Council that per the requirements of Article 14.07 of the Texas Election Law, political contributions and expenditures that have not been previously reported for 1982 need to be reported by office holders on the contribution and expenditure statements and filed by January 15, 1983. The forms are available from the City Secretary upon request. This item was received as a matter of information. There was no action taken on this item. Youth Center (Agenda Item VIII -C) City Manager Jon McCarty advised the Council of an upcoming project proposed by the Community Education Advisory Council Task Force for a Youth Center. They are proposing a facility to be designated as a Youth Center with various planned activities, and they are interested in the city's participation in such a facility. This proposal is in the very early stages of development with the defined details to be worked out. The Task Force wanted the City Council to be aware of their work in this area and that they would be coming before the Council at some future date to ask for the city's participation in the Youth Center project. This item was received as a matter of information. There was no action taken on this item. Hillside Softball Damage (Agenda Item VIII -D) City Manager Jon McCarty advised the Council that two residents had filed claims with the city's liability insurance company in regard to damage to their property resulting from the softball games held at Hillside Park. At this time, the insurance company has indicated to the city staff that proof of negligence on the city's part has not been proven, thus the claims have not been paid. He further advised that he has requested that the insurance company reconsider these claims, and they have responded by indicating that a claims adjustor would be sent out to further review the two claims. There was considerable discussion between the City Council and the city staff on what types of liability insurance the city has and just what types of claims are covered, the need to see that these types of damages are covered by the city, a need to review the liability insurance coverage the city has as compared to what other municipalities use, if additional liability coverage might be required to handle claims such as the subject claims, how the facts justifying the claims were gathered and verified, how the existing claims can be resolved, the handling of future claims, and proper payment of the claims. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Paxton, the Council voted 7 - 0 to authorize the city staff to pay the two submitted claims out of the general fund upon justification of the claims, with pay- ment to be made payable jointly to the individual filing the claim and the company doing the repair work; and to direct the city staff to begin a review of the city's liability insurance to detail the types of coverage cur- rently provided. The motion carried. ALLEN CITY COUNCIL December 16, 1982 Adjournment: Page 6 MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 9:18 p.m. The motion carried. 1983. These minutes approved on the 6th day of January 1/1, M. B. Pierson, MAYOR rt ityd Marty Hendrix, ITY SECRETARY Qb')