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Min - City Council - 1981 - 09/17 - RegularALLEN CITY COUNCIL Regular Session September 17, 1981 PRESENT: Mickey Pierson, Mayor Council Members Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Glenn Andrew Ward Paxton Richard Chumbley 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, September 17, 1981 at Rountree Elementary School, 800 E. Main Street. CONSENT AGENDA (Agenda Item I) At the request of City Manager McCarty, Consent Agenda Item "E" was removed for individual consideration. Upon a motion made by Councilman Daugherty and seconded by Councilman Chumbley, the Council voted 7 - 0 to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Minutes of August 27, 1981 - Called - Special Session B. Minutes of September 1, 1981 - Called - Special Session C. Minutes of September 3, 1981 - Regular Session D. Minutes of September 8, 1981 - Called - Special Session End of Consent Agenda is ALLEN CITY COUNCIL September 17, 1981 Page 2 Set Public Hearing Date for Consideration of Glen Hollow (Agenda Item II) Addition Revised Site Plan Approval (Consent Agenda Item E) City Manager Jon McCarty advised the Council that the public hearing date needed to be set for October 15, 1981, rather than October 1st as shown on the agenda, in order to meet the publication requirements of at least 15 days notice. Upon a motion made by Councilman Andrew and seconded by Council- man McClure, the Council voted 7 - 0 to set the public hearing date for October 15, 1981 for consideration of approval of the Glen Hollow Addition Revised Site Plan. Public Hearing: Zoning Variance Request (Agenda Item III) 305 W. Main Street Johnny Caplinger Reduction of Rear Yard Building Line Mayor Pierson read the request into the record as follows: "Public Hearing on a zoning variance request to reduce the rear yard building line at 305 W. Main Street." Mayor Pierson advised that Johnny Caplinger at 305 W. Main Street is requesting to build a detached garage in the rear yard of his residency, thus requiring a variance for the rear yard building line of 8', as opposed to the 10' required by the Zoning Ordinance. Mr. Caplinger was not present to speak before the Council on this request. Mayor Pierson opened the public hearing. No one appeared to speak either for or against this variance request. The public hearing was closed. Council briefly discussed the location of Mr. Caplinger's home and the surrounding properties. Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Paxton, the Council voted 7 - 0 to approve the zoning variance request of a rear yard building line of 8 feet. Certification of the 1981 Tax Roll (Agenda Item IV -A) City Manager Jon McCarty advised the Council that the Collin County Appraisal District had advised the City of Allen that the current total value for all of the property in the City of Allen for 1981 is $234,628,089.00. is L ALLEN CITY COUNCIL September 17, 1981 Certification of the 1981 Tax Roll (cont' Page 3 (Agenda Item IV -A) City Manager McCarty further provided the cost breakdown of that figure for the land values, improvements on the land, real estate value, business personal property, personal property, and deductions for agriculture use exemption, disabled veterans exemption, and over 65 exemption. Mayor Pierson advised the Council that these figures were con- firmed over the telephone by Don Caldwell, with the Collin County Appraisal District, and a letter would be forthcoming. Upon a motion made by Councilman Andrew and seconded by Council- man Chumbley, the Council voted 7 - 0 to approve the certification of the 1981 Tax Roll at $234,628,089.00. Ordinance No. 360: An Ordinance of the City Council 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, 1981 and Ending September 30, 1982; and Providing an Effective Date for This Ordinance. (Agenda Item IV -B) Mayor Pierson read through a recap sheet of the amounts of each department's budget which had been reduced and the percentage of decrease from the original proposed budget. He also advised of the increase proposals for the revenue budget by the addition of recreation usage fees, an interfund transfer of funds, and reported increased figures for revenue sharing funds. The Council discussed with City Manager McCarty the budget reduction in the Civil Defense budget, due to notification that grant funds would be made available to the City to cover certain costs, and discussion of a transfer of funds to the Tax Department. Upon a motion made by Councilman Chumbley and seconded by Councilman McClure, the Council voted six (6) for and one (1) opposed, with Councilman Paxton casting the negative vote, to adopt Ordinance No. 360 setting the tax rate at 36C per $100 valuation. ALLEN CITY COUNCIL September 17, 1981 Page 4 Ordinance No. 361: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Approving and Adopting the Budget and Setting Appro- priations for the Fiscal Year Beginning October 1, 1981 and Terminating Sep- tember 30, 1982. (Agenda Item IV -C) Upon a motion made by Councilman Andrew and seconded by Mayor Pro Tem Farmer, the Council voted six (6) for and one (1) opposed, with Councilman Paxton casting the negative vote, to adopt Ordinance No. 361, with the Budget attached as Exhibit "A". Consideration of Adopting Ordinance Repealing Ordinance No. 52 "Defining and Regulating Itinerant Merchants, Vendors, and Peddlers" and Establishing Fees and Regulations for Solicitors and Peddlers (Agenda Item V) Mayor Pierson advised that at the request of the Allen Jaycees, the Council had directed the City Staff to review and recommend appropriate changes to the existing Ordinance No. 52, which regulates vendors, peddlers and solicitors in the City of Allen, and to provide some leniency towards nonprofit civic organizations in the City of Allen. City Manager McCarty reviewed the new proposed ordinance with the City Council pointing out appropriate changes made to provide leniency for civic organizations and some additional changes from the previous Ordinance No. 52. The City Secretary, Marty Hendrix, read the proposed ordinance caption into the record as follows: "An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 52 of the City of Allen, Texas; Defining and Regulating Itinerant Merchants, Itinerant Vendors, Peddlers, and Persons Selling or Taking Orders for Goods, Wares, Merchandise, Services, Photographs, Newspapers, Magazines, or Subscriptions to Newspapers or Magazines; Providing for a License and a License Fee; Exempting Those Engaged in Interstate Commerce from License Fees, But Requiring Such Persons to Register With the City Secretary; and Providing Penalties for the Violation of This Ordinance, Including a Fine of Not Less Than $5.00 Nor More Than $200.00; Providing 1 for the Publication of the Caption of This Ordinance and Providing for an Effective Date Hereof." ALLEN CITY COUNCIL September 17, 1981 Page 5 Consideration of Adopting Ordinance - "Vendors, Peddlers, and Solicitors (cont'd) (Agenda Item V) The Council reviewed the ordinance and discussed various pro- posed changes to the ordinance and other aspects, such as the elimination of the $25.00 registration fee for nonprofit civic organizations; the need for a "time definition" for each soliciting or selling event; the fact that this ordinance would not pertain to nonprofit groups such as the March of Dimes, the Cysti Fibrosis Foundation, etc.; the participation by the residents of Allen in asking solicitors at their doors if they have registered with the City; and having the various civic groups in the community review the proposed ordinance and receive their input on the requirements. Upon a motion made by Councilman Andrew and seconded by Council- man Daugherty, the Council voted 7 - 0 to table the proposed ordinance for further review and revisions per the discussion by the Council. Consideration of Appointments to the Parks & Recreation Board for Expiring Terms of Office for Places No. 2 and 4 (Agenda Item VI) Mayor Pierson advised the Council that appointments to Place No. 2, occupied by Ron Workman, and Place No. 4, occupied by Jerry Owen, were expiring as of October 1, 1981. These places were for terms of office for an initial one year period, with further appointments for two year terms, thus providing a rotating basis for the places on the Parks & Recreation Board. John Uland, Director of Parks & Recreation, advised the Council that Jerry Owen had indicated that he did not wish to be reappointed to the Board,and Mr. Workman had not decided whether he would like to serve again. The Park Board had not made any recommendations on persons to fill the positions. City Manager Jon McCarty advised the Council that this item was on the agenda so that Council could decide on the methodology for making appointments to the Parks & Recreation Board. The appointments would need to be made by the next Council meeting, being October 1, 1981. After a brief discussion, it was the consensus of the Council that City Staff contact Mr. Workman to see if he would like to continue his appointment on the Board, and also Council Members should call the City Manager with suggested names for the appointments prior to the next Council meeting. The Parks & Recreation Board should also submit their recommendations, if any. Mayor Pierson advised those in the audience if they were interested in serving on this Board they should contact the City Hall. u D ALLEN CITY COUNCIL September 17, 1981 Page 6 Awarding the Bid on the Fire Department Suburban Vehicle (Agenda Item VII) Ron Gentry, Fire Chief, spoke before the Council on the bids received on the suburban vehicle to be used as a backup ambulance and other auxiliary uses. Those bids received being from Friendly Chevrolet in the amount of $11,396.14 and Carter Chevrolet in the amount of $11,251.64. Chief Gentry recommended awarding the bid to the low bidder, being Charter Chevrolet. The Council discussed with Chief Gentry the delivery time for the vehicle, number of bids sent out to automobile dealerships, the budget funds available to pay for the vehicle, including the third seat option in the bid, the cost of the lights, siren and radio equipment, and the changes in the specifications of the mirrors and gas tanks. Upon a motion made by Councilman Andrew and seconded by Council- man McClure, the Council voted 7 - 0 to award the bid to Carter Chevrolet in the amount of $11,251.64, including the option item of the third seat. Resolution No. 362: A Resolution of the City of Allen Showing Items on the 1975 thru 1980 Tax Rolls to be Cancelled or Adjusted. (Agenda Item VIII) Walter Curtis, Tax Assessor -Collector, advised the Council that all means had been used to collect the taxes shown in the proposed resolution and with no results. Therefore, Mr. Curtis recommended the Council adopt the resolution in order to cancel the shown amounts from the tax rolls for the years 1975 thru 1980. The Council reviewed the resolution and briefly discussed the list of uncollectable accounts with the Tax Assessor. Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Paxton, the Council voted 7 - 0 to adopt Resolution No. 362, cancelling the amounts shown in the resolution from the tax rolls for the years 1975 thru 1980. Police Activity Report - August, 1981 (Agenda Item IX -A) Police Chief Richard Carroll reviewed briefly with the City Council the Police Activity Report for August, 1981. The Council discussed the accidents occurring in the City as well as animal control calls. There was no action taken on this item. MM ALLEN CITY COUNCIL September 17, 1981 Page 7 Collin Count Paving Policy County g y (Agenda Item IX -B) Mayor Pierson advised the Council of his thoughts on the paving policy as submitted by the Collin County Commissioners to the City of Allen and his subsequent conversation with Collin County Com- missioner Jerry Hoagland regarding same. The Council briefly discussed a joint effort on the part of the City of Allen Street Department working with the County in a cost saving effort to maintain the streets in the City of Allen by perhaps using County equipment and personnel. There was no action taken on this item. Bethany Road Update (Agenda Item IX -C) City Manager McCarty updated the Council on the status of the street construction for Bethany Road to be done by Austin Paving Company, as well as the work to be done on Butler and Pebblebrook. There was no action taken on this item. General Discussion: City Manager McCarty asked the Council to consider a date for another workshop with the Planning and Zoning Commission to review the new proposed Zoning Ordinance, Zoning Map and Sign Ordinance. It was the consensus of the City Council to call the workshop for Monday, September 21, 1981 at 7:00 p.m. at Rountree Elementary School. At the request of Councilman Paxton, the City Manager updated the Council on the status of the contracts with adjacent property owners along Bethany Road, from State Highway 5 to Jupiter Road, for paving costs of Bethany Road. 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 8:40 p.m. These minutes approved on the 1st day of /--)October 1981. Mickey MAYOR i�� Ick SECRETARY Marty Hendrix CITY SECRETARY