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HomeMy WebLinkAboutMin - City Council - 1983 - 07/21 - RegularALLEN CITY COUNCIL Regular Session July 21, 1983 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Rex Womack (arrived at 7:33 p.m.) Don Rodenbaugh Ward Paxton Absent: Jim McClure 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 7:31 p.m, on Thursday, July 21, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle. CONSENT AGENDA: (Agenda Item II) At the request of City Manager McCarty, items "H" and "J" were removed from the Consent Agenda for individual consideration. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 4 - 0 (with Councilman Womack being absent at this time) to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approval of June 30, 1983 City Council Minutes - Budget Workshop Session. B. Approval of July 7, 1983 City Council Minutes - Regular Session. C. Authorization to City Staff to pay bills associated with the Capital Improvements Program for 1979 - 1982 as follows: 1. Marquette Lease Services, Inc. $ 765.75 Contract No. 13216 - Lease Purchase of Telephone System for Allen Municipal Annex 2. Uvalde Construction Company $ 4,072.50 Contract No. 821004 - Construction of Park Place Drive - Payment No. 3 D. Set August 4, 1983, as Public Hearing Date on a Request for Annexation of 182.9089 Acres of Land Located Adjacent and South of Exchange Parkway, Adjacent and East of Timberbend Trail, Adjacent and West of Malone Road and North of F.M. 2170, Said Public Hearing to be Held Beginning at 11:00 A.M. on the Site of Proposed Annexation. 147 ALLEN CITY COUNCIL July 21, 1983 Page 2 CONSENT AGENDA (continued) (Agenda Item II) E. Set August 4, 1983, as Public Hearing Date on a Request for Annexation of 182.9089 Acres of Land Located Adjacent and South of Exchange Parkway, Adjacent and East of Timberbend Trail, Adjacent and West of Malone Road and North of F.M. 2170 Beginning at 7:30 p.m. at the City Council Chambers, One Butler Circle. F. Set August 4, 1983 as the Public Hearing Date on a Request to Annex 130 Acres Located Adjacent and South of F.M. 2170, Adjacent and East of Allen Heights and West of the Greengate Addition, Said Public Hearing to Begin at 12:00 Noon on the Site of the Proposed Annexation. G. Set August 4, 1983 as the Public Hearing Date on a Request to Annex 130 Acres Located Adjacent and South of F.M. 2170, Adjacent and East of Allen Heights and West of the Greengate Addition, Said Public Hearing to Begin at 7:30 p.m. in the City Council Chambers, One Butler Circle. I. Set August 18, 1983 as Public Hearing Date on a Request to Rezone 12.8 Acres of Land from AO (Agriculture Open Space) to PD (Planned Development), Said Land is Located Adjacent and West of State Highway 5 and Adjacent and North of Cottonwood Creek Shopping Center. K. Set August 18, 1983 as Public Hearing Date on a Request to Rezone Land Presently Zoned LR, R-5, AO, and R-4 to PD (Planned Development), Being Approximately 409 Acres Located North of Chapparal Road, Adjacent and East of Jupiter Road, Adjacent and West of Cottonwood Creek and South of Park Place Drive. L. Set July 26, 1983 as a Joint Planning and Zoning Com- mission and City Council Workshop Meeting to Consider Recommendations from the CBD (Central Business District) Base Committee. The motion carried. End of Consent Agenda. Set August 18, 1983 as Public Hearing Date on a Request to Establish Per- manent Zoning PD (Planned Development) on 182.9089 Acres of Land Located Adjacent and South of Exchange Parkway, Adjacent and East of Timberbend Trail, Adjacent and West of Malone Road and (Consent Agenda North of F.M. 2170. Item II -H) and Set August 18, 1983 as Public Hearing Date on a Request to Rezone 15 Acres of Land from LR (Local Retail) to PD (Planned Development) and Establish Permanent Zoning on Approximately 130 Acres for PD (Planned Development) Zoning, Said Tracts of Land Located Adjacent and South of F.M. 2170 and Adjacent and East of Allen (Consent Agenda Heights Drive. Item II -J) City Manager Jon McCarty had requested that these two items be removed from the Consent Agenda for individual consideration. City Manager McCarty read the two Consent Agenda Items "H" and "J" into the record as captioned above. ALLEN CITY COUNCIL Page 3 July 21, 1983 Set August 18, 1983 as Public Hearing Date on Request to Establish Permanent (Consent Agenda Zoning PD on 182.9089 Acres of Land (cont'd) Item II -H) and Set August 18, 1983 as Public Hearing Date on a Request to Rezone 15 Acres of Land from LR to PD and Establish (Consent Agenda Permanent Zoning PD on 130 Acres of Land Item II -J) City Manager McCarty advised the City Council that in item "H" the 182.9089 acres of land had to be annexed into the city limits before final zoning action can be taken on the property. The same also being true on the 130 acres of land in item "J". According to State Law, the final annexation action could not be accomplished until September 15th, therefore, the City Council had the option of holding the public hearings for zoning at that time in order to coordinate the zoning with the annexation pro- ceedings. Gregory Boyd, of Jones and Boyd Engineering, spoke before the Council on the need to hold the public hearing on the 182.9089 acres of land on August 18th so that they would have the blessing of the City Council on the zoning, since the sale of this property is contingent upon the zoning of the property. City Manager McCarty explained to Mr. Boyd that the zoning of the property is not finalized until an ordinance is adopted establishing the zoning and that cannot be accomplished until the annexation of the property in the form of an ordinance is completed. The City Council, at their meeting of August 18th, F. could only act upon the recommendations of the Planning and Zoning Commission. The Council discussed the need to establish an understanding that the annexation and zoning of property should be coordinated and that the developers be advised of that fact when requesting annexation and zoning of property in the future. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 5 - 0 to set the public hearing dates for Consent Agenda Items "H" and "J" on September 15, 1983. The motion carried. Approval of Specifications and Authorization to Solicit Bids for Solid Waste Collection within the City of Allen (Agenda Item III) City Manager Jon McCarty presented to and spoke before the City Council on the contract documents for solid waste collection within the City of Allen. Mr. McCarty reviewed with the Council the Notice to Bidders, Instructions to Bidders, the proposal forms and the changes made in the contract document for solid waste collection per discussions by the City Council at previous meetings. The City Council and City Manager reviewed and discussed various aspects of the contract including the length of years of the contract, minimum collection for commercial accounts, scheduled holidays, point of contact in the city, "red tag system" for notification to citizens as to why garbage was not picked up, provisions for rate increase requests, insurance requirements, and definition of ownership of solid waste. ALLEN CITY COUNCIL July 21, 1983 Page 4 Approval of Specifications and Authorization to Solicit Bids for Solid Waste Collection Within the City of Allen (cont'd) (Agenda Item III) City Manager McCarty and the City Council reviewed the proposed ordinance for solid waste collection. Mr. McCarty advised the Council of their options to either go out for bids for solid waste collection or negotiate a contract for solid waste collection. He advised of the State Law of 23.68(a) of Vernon's Annotated Civil Statutes regarding the bidding process or the negotiation of a contract for solid waste collection. Mr. McCarty advised the Council that city staff's recommendation was to go out for bids for solid waste collection. The Council continued discussion on the provisions of the contract and the ordinance regarding the use of large commercial containers and availability of such, the City of Allen working towards an agreement with the City of McKinney for the use of the landfill rather than the contractor, the form of the proposal for submission of the bids, the number of pickup points for the city to be collected, the city attorney approving the insurance company, and the definition of dead animals weighing less than 10 pounds, and the penalty clause being too open-ended. It was the consensus of the Council to include provisions in the contract for the contractor to provide the larger commercial containers if an approved route to the landfill for the larger vehicles is subsequently designated by the City of McKinney, and to provide for a more defined penalty clause in the ordinance. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 5 - 0 to approve the specifications and authorize receipt of bids for solid waste collection within the City of Allen per the presentation and recommendation of the city staff. The motion carried. City Manager advised the City Council of the confirmation with Southern Sanitation, the existing solid waste contractor, that they will continue their collection of the city's solid waste until the bid is awarded. The existing contract with Southern Sanitation is due to expire the end of July, 1983. City Manager McCarty advised that the rates for the continued collection may vary but that issue will be brought forth at a later date. Police Report - June, 1983 and Second Quarter - April, May & June, 1983 (Agenda Item IV -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 June, 1983, and the Second Quarterly Report for the months of April, May and June of 1983. The Council briefly reviewed those reports and discussed with Chief Carroll the status of the traffic situation on the service road of U.S. 75 at the intersection of Bethany Road and the status of the Neighborhood Watch Program. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL July 21, 1983 Page 5 Update on Main Street Study Committee (Agenda Item IV -B) City Manager McCarty advised the City Council of the status of the work being done by the Main Street Study Committee and their work with the consultant and the process they are working on. City Manager McCarty advised the Council that if time is available at the next regular City Council Meeting on August 4th, he would like the consultant to appear before the Council to provide information on the process and procedures they have followed in assisting the Main Street Committee with their work. This item was received as a matter of information. There was no action taken on this item. Consider Participation Through Texas Municipal League on the Rate Increase Request From Southwestern Bell (Agenda Item IV -C) Mayor Pierson advised the City Council of the June 24, 1983 request of Southwestern Bell for another rate increase with the Public Utility Commission. The request is for a $1.7 billion per annum increase (an increase of approximately 76.36%). The Council discussed the public hearings held in various cities regarding this rate increase, the granting of the franchise with Southwestern Bell, the large amount of this increase request, and the City of Allen's previous participation with the Texas Municipal League on these rate increase requests. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 5 - 0 to approve the participation with the Texas Municipal League on the rate increase request from Southwestern Bell in the amount on $332.56. The motion carried. General Discussion Mark Thornton, Director of the Parks and Recreation Department, spoke before the Council on the 1983 Summer/Fall Softball Season. Mr. Thornton advised the City Council of the shortening of the summer/fall softball season and the scheduling problems and the need to schedule overflow games at the Hillside Fields. The Council discussed with Mr. Thornton the need to abide by the curfew rules and other rules established for those fields and the use of those fields to stay at a minimum due to the problems occuring there previously. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Womack, the Council voted 5 - 0 to adjourn the regular session of the Allen City Council at 8:50 p.m. The motion carried. These minutes approved on the 9th day of August 1983. M. B. i rson, MAYOR M Marty Hendri>� CITY SECRETAR 151 PROPOSED USE HEARING" REVENUE SHARING FUNDS FY 1983 - 84 BUDGET JULY 21, 1983 7:00 P.T- Present: Jon McCarty, City Manager Marty Hendrix, City Secretary Council Members: Mickey Pierson, Mayor Don Rodenbaugh 15.2 City Manager Jon McCarty called the "Proposed Use Hearing" to order by 7:00 p.m. on Thursday, July 21, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle, Allen, Texas. There were approximately 12 people in attendance at the meeting. Approximately 9 people in attendance were from the Senior Citizens Group. 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. City Manager McCarty advised those present that an estimated balance of $1,628 in revenue sharing funds remained from the 1982 - 83 funds, and the city would receive in the fiscal year 1983 - 84 an estimated balance of $56,000. City Manager McCarty advised that he had received a written request from the Senior Citizens Group (see copy attached) for revenue sharing funds in the amount of $5,545.00. City Manager McCarty opened the public hearing. The following persons spoke before the City Manager with requests for the use of revenue sharing funds. Lucille Brazeal, 100 Boyd Drive, spoke in behalf of the Senior Citizens request for funds. Marie Cundiff, 103 Belmont, spoke in behalf of the Senior Citizens request for funds. Pete Ford, 408 Coats Drive, spoke in behalf of the Senior Citizens request for funds. With no one else wishing to provide oral or written testimony on the use of revenue sharing funds, City Manager McCarty closed the public hearing. 15.2 "PROPOSED USE HEARING" REVENUE SHARING FUNDS July 21, 1983 Page 2 City Manager McCarty advised that the request from the Senior Citizens Group would be taken into consideration in the budget preparation. The next scheduled public hearing on the revenue sharing budget would be held on or about August 25, 1983. The meeting was adjourned at 7:11 p.m. 1983. These minutes approved on the 9th day of August ATTEST: APPROVED: Marty Hendrix, y ITY SECRETARY L CITY OF ALLEN 302 W. MCDERMOTT ALLEN. TEXAS 75002 ATTACHMENT NO. 1 TO "PROPOSED USE HEARING" MINUTES of July 21, 1983 SENIOR CITIZENS PROPOSED 1983-184 BUDGET Phone $ 400.00 Advertising 225.00 Newsletter(7) 120.00 Tables(5) 300.00 Chairs(20) 400.00 Humidifyer(2) 250.00 Activity Fund 500.00 Garbage Disposal 200.00 Custodial Supply 50.00 P.E. Equipment 300.00 Sign 100.00 Miscl. 200.00 Gas 500.00 Electricity 1,500.00 Van Fund 500.00 $5,545.00 302 W. MCDERMOTT • 214-7273336 • 214.424-751 P MAL 14G l W 1 /5V