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HomeMy WebLinkAboutMin - City Council - 1984 - 07/05 - RegularALLEN CITY COUNCIL REGULAR SESSION JULY 5, 1984 Present• Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure Jim Wolfe Ward Paxton Dennis Offutt Absent• Rex Womack City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:35 p.m. on Thursday, July 5, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to approve and adopt all items on the Consent Agenda, as recommended and as follows: A. Approval of the City Council Minutes of June 21, 1984 - Regular Session. B. Authorization to city staff to pay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. Shimek, Jacobs & Finklea $ 949.42 Services through May 31, 1984, in connection with Bank Protection of Rowlett Creek near Cottonwood Creek Sewer Crossing 2. The Allen American $ 57.60 Rowlett Creek Bank Protection Project - Notice to Bidders 3. Ronald E. Fix & Associates $ 1,440.02 Contract No. 821004 - Construction of Park Place Drive - Inspection Fees and Engineering Fees for Period 5/25/82 - 6/25/84 4. Uvalde Construction Company $27,429.88 Contract No. 821004 - Construction of Park Place Drive - Payment No. 14 Note: Payment to the Allen Independent School District for development costs is reflected in Agenda Item VI on page 4. 199 ALLEN CITY COUNCIL July 5, 1984 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) C. Ordinance No. 525-7-84: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -described Territory to the City of Allen, Texas, Approximately 436.721 Acres Located in the James Wilcox Survey, Abstract No. 2027, David Nix Survey, Abstract No. 668, Michael Lee Survey, Abstract No. 543, Collin County, Texas, and Extending the Boundary Limits of the City 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 Providing for the Effective Date of Said Ordinance. D. Set July 19, 1984, as the Public Hearing Dates on a Request to Annex 139.148 Acres Located North of F.M. 2170 and West of Malone Road. E. Set August 2, 1984, as the Public Hearing Date on a Request to Rezone Approximately 179 Acres to PD (Planned Development) and Establish Permanent Zoning of PD (Planned Development) on 45 Acres Located at the Northwest Corner of F.M. 2170 and U.S. 75. The motion carried. End of Consent Agenda Oaths -of -Office to Reappointed Members of the Planning and Zoning Commission and the Library Board and Newly Appointed Member to the Planning and Zoning Commission. (Agenda Item III) City Secretary Marty Hendrix administered the oath -of -office to the following reappointed members of the Planning and Zoning Commission: Jim Pendleton - Place No.l Jerry Wilson - Place N0.3 Bobby Glass - Place No.S and to the newly appointed member, John Garcia, Place No. 2. Ms. Hendrix advised the City Council that Wayne Armand, Place No. 7, on the Planning and Zoning Commission had received his oath -of -office on July 2nd in the City Secretary's office, since he was unable to attend this meeting. Ms. Hendrix advised that the reappointed members of the Library Board were unable to attend this meeting, therefore, Mrs. Nell Box, Place No. 2, had received her oath -of -office in the City Secretary's office earlier today, and Andy Kelly, Place No. 4, would be receiving his oath -of -office sometime next week at city hall. ALLEN CITY COUNCIL July 5, 1984 Page 3 Public Hearing: Request by Texas Utilities Electric Company for a Rate Increase in the City of Allen and Consider Adjusting Those Rates (Agenda Item IV) and Ordinance No. 526-7-84: An Ordinance of the City of Allen, Collin County, Texas, Approving Rate Schedules to be Charged by the Texas Utilities Electric Company Within the City of Allen, Providing for Schedules, Conditions, Severability and Repeal of any Conflicting Ordinances James Nelson, Manager of the Allen Office of the Texas Utilities Electric Company (TUEC), spoke before the City Council on the rate increase request in the amount of approximately $304.2 million per year plus an increase in fuel expense included in rates in the amount of $157.9 million, which was filed with the City of Allen on March 9, 1984. Using a flip chart, Mr. Nelson's presentation included a review of the increase in kilowatt hour costs, the cost of Commanche Peak Plant, the cost of electricity on a national average, the costs of certain fuels, the load reduction factors, and cost of electricity in other cities in the form of a price comparison. Mr. Nelson advised the Council that he understood the city staff's recommendation was the adoption of a proposed ordinance which would approve a decrease in the rate request in the amount of $30,806,000. The Council discussed with Mr. Nelson the large rate increase request, what TUEC is doing to reduce their costs, how long it has been since the last rate increase request, the separation of the fuel increase request from the rate increase request, when the Comanche Peak Plant is to be "on-line", average growth of power generation, the average number of customer users, the life expectancy of TUEC equipment, what current equipment is being used and what fuel will be used. Mayor Rodenbaugh opened the public hearing on the rate increase request by TUEC. No one appeared to speak either for or against the request. Mayor Rodenbaugh closed the public hearing. The Council continued discussion on the amount of increase to the homeowners in this rate increase request, number of customer classifications that TUEC has, the portion of costs that relate to residents that live in unincorporated areas, the Public Utilities Commission's recommendation and ruling in certain rate cases, the recommendation of the Texas Municipal League for the reduced rates, and to not approve any type of an increase. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted five (5) for and one (1) opposed, with Councilman Paxton casting the negative vote, to approve and adopt Ordinance No. 526-7-84 as captioned previously. The motion carried. ALLEN CITY COUNCIL July 5, 1984 Page 4 Acceptance of the 1982-83 Annual Fiscal Year Audit (Agenda Item V) Brent Lewis, Finance Director, spoke before the Council on the completion of the 1982-83 Annual Fiscal Year Audit and introduced the representative from the city's auditing firm, Larry Mullin with Peat, Marwick, Mitchell and Company. CW Mr. Mullin spoke before the Council on the audit process, the reasoning behind the delay in the completion of the audit for the Fiscal Year 1982-83, and methods to alleviate that problem in next year's audit. Mr. Mullin advised the Council that the Management Letter was in draft form and would be reviewed with the city staff next week to clear up some areas. The letter would then be coming before the Council at their Council meeting on August 2, 1984. Referencing the audit, Mr. Mullin reviewed Exhibit 1, Exhibit 2, Exhibits 3, 4 and 5, and advised of some of the problems that had been incurred. Mr. Mullin advised the Council of the auditing firm's various finding opinions and that the City of Allen had received an unqualified opinion. There was discussion by the City Council with Mr. Mullin on the contents of the Management Letter and when it was anticipated it would be completed and presented to the Council; the definition of the "enterprise fund" and use of depreciation in that fund. There was also discussion on the need to complete the audit in a timely manner and to make a commitment in that regard to see that it is accomplished. MOTION: upon a motion made by Councilman Wolfe and seconded by Councilman Offutt, the Council voted 6 - 0 to accept the 1982-83 Annual Fiscal Audit as prepared by Peat, Marwick, Mitchell and Company. The motion carried. In further discussion, it was recommended that an ad-hoc committee made up of Council Members meet with the auditing firm towards the completion of the Fiscal Year 1983 - 84 audit. Authorize Items Related to the Sale and Purchase of Land with the Allen Independent School District (Agenda Item VI) City Manager Jon McCarty advised the Council of the agreement between the city and the Allen Independent School District to purchase from each other parcels of land. He advised the city had agreed to purchase approximately 15-1/2 acres from the School District for Ford Park. The School District had agreed to purchase approximately 5.2 acres from the city for their Service Center/Warehouse facility. Mr. McCarty advised that some development costs had been incurred and a final reconciliation of those costs had been completed by the City Manager and the School Superintendent. Mr. McCarty advised the Council that the city staff's recommendation was that the Council declare the 5.2 acres of Lot 1 of the Allen City Complex Addition excess property and direct that it be published in the city's newspaper of record; that the Council authorize the City Manager to execute the appropriate documents for the sale of this property to the School District; that the city purchase the 15.5 acres of land for Ford Park; and that the city pay to the Allen Independent School District $122,642.80 to equal the accounts between the two jurisdictions. acol ALLEN CITY COUNCIL July 5, 1984 Page 5 Authorize Items Related to the Sale and Purchase of Land with the Allen Independent School District (cont'd) (Agenda Item VI) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to r declare the 5.2 acres of Lot 1 of the Allen City Complex Addition as excess property and to direct that it be published in the city's newspaper of record in accordance with the city staff's recommendation, as stated. The motion carried. MOTION: Upon a motion made by Councilman Wolfe and seconded by Mayor Pro Tem Farmer, the Council voted 6 - 0 to authorize the City Manager to execute the appropriate contracts and other documents for the sale of this 5.2 to the School District, to purchase the 15.5 acres from the School District, and to pay to the Allen Independent School District $122,642.80 to equal the accounts between the two jurisdictions, in accordance with the city staff's recommendation, as stated. The motion carried. CABLE TV Legislation (Agenda Item VII -A) City Manager Jon McCarty advised the Council of information received from the Texas Municipal League regarding federal legislation concerning regulation of cable television and that rate control regulations of cable television will be kept at the local level. This item was received as a matter of information. There was no action taken on this item. Boards and Commissions Roster (Agenda Item VII -B) City Manager McCarty advised the Council that updated boards and commissions rosters would be provided to the Council, per the Mayor's request. This item was received as a matter of information. There was no action taken on this request. General Discussion Mayor Rodenbaugh reminded the Council of the upcoming meeting of the Oversight Committee, composed of the City Council, Planning and Zoning Commission, and the appointed subcommittees to work on the Comprehensive Planning Process, scheduled for Monday, July 9, 1984, at Boyd Elementary School. Mayor Rodenbaugh encouraged all Council Members to attend this meeting and be prepared to work with the subcommittees. City Manager McCarty handed out to the Council a letter from Lewis F. McLain, Jr., Administrative and Fiscal Consulting Services, 2300 Highland Village Road, Suite 240, Lewisville, Texas 75067, regarding a proposal for professional services to the City of Allen regarding the water and sewer rate study to be conducted. The City Council reviewed the proposal and City Manager McCarty reviewed two important features of the proposal, being the approach to the study and the financial plan in a format that the city can use now and for the future. a03 ALLEN CITY COUNCIL July 5, 1984 General Discussion Page 6 Brent Lewis, Finance Director, spoke before the Council on some research he had done on the bond agent, as the Council had requested at their pre -budget workshop held on July 2nd. Mr. Lewis advised of the preference of the bond agent to place the bonds rather than bidding them; advised of other clients of Mr. Buchanan's; contacts with other cities regarding placement or bidding of bonds; the additional time needed to bid bonds; and that the bond agent would be at the next Council meeting with the appropriate papers to proceed with the sale of bonds. Adjournment MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman McClure the Council voted 6 - 0 to adjourn the regular session of the Allen City Council at 9:36 p.m. on Thursday, July 5, 1984. The motion carried. These minutes approved on the 19th day of July , 1984. Donald P. Rodenbaugh, MAYOR Marty Hendrixi SECRETARY ao4-