Min - City Council - 1981 - 12/03 - RegularALLEN CITY COUNCIL
Regular Session
December 3, 1981
PRESENT:
Mickey Pierson, Mayor
Council Members:
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Glenn Andrew
Ward Paxton
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
Newly Appointed Council Member:
Rex Womack
In accordance with Article 6252-17 (Open Meetings Law),
V.A.T.C.S., Section 2(g), the City Council convened into
Executive Session at 6:30 p.m. on Thursday, December 3, 1981,
at Rountree Elementary School, 800 E. Main Street, to discuss
matters pertaining to personnel.
The Executive Session was adjourned at 7:20 p.m.
The regular session of the Allen City Council was called
to order by Mayor Pierson at 7:33 p.m. on Thursday, December 3,
1981 at Rountree Elementary School, 800 E. Main Street.
Mayor Pierson recognized several students in the audience
who were from Miss Chandler's VOE Class at the Allen Senior
High School.
Request to Appear Before the Council
for Presentation of a Petition for
Appointment of Jack Decatur to the
Vacancy on the Allen City Council (Agenda Item II)
No one was present to appear before the City Council on
this item.
There was no action taken on this item.
ALLEN CITY COUNCIL
December 3, 1981 Page 2
Appointment to Place No. 6
on the Allen City Council (Agenda Item III)
Mayor Pierson advised of Councilman Richard Chumbley's
resignation from the Council, effective November 18, 1981, and
read Section 2.04 of the Allen City Charter regarding appointments
to fill vacancies on the Council.
Mayor Pierson advised that it would take a majority of the
remaining Council Members to appoint an individual to fill the
vacancy, that majority being four (4) votes.
Mayor Pierson opened the floor for nomination to Place No. 6
on the City Council.
Councilman Andrew nominated Jim Wolfe.
Councilman Paxton nominated Jack Decatur.
MOTION: With no further nominations, a motion was made by Council-
man Daugherty and seconded by Mayor Pro Tem Farmer that
the nominations cease. The Council voted 6 - 0 in favor
of the motion.
In order of their nominations, Mayor Pierson polled the votes
of the Council Members for each nominee, with Jim Wolfe receiving
three (3) votes and Jack Decatur receiving three (3) votes.
Mayor Pierson advised of the three (3) to three (3) tie vote
for the appointment to Place No. 6, thus no one receiving a majority
vote of four.
Again, Mayor Pierson opened the floor for nominations to
Place No. 6 on the City Council.
Mayor Pro Tem Farmer nominated Rex Womack.
Councilman Paxton nominated Jack Decatur.
MOTION: With no further nominations, a motion was made by Council-
man McClure and seconded by Councilman Andrew that the
nominations cease. The Council voted 6 - 0 in favor of
the motion.
In the order of their nominations, Mayor Pierson polled the
votes of the Council Members for each nominee, with Rex Womack
receiving four (4) votes and Jack Decatur receiving two (2) votes.
i
j Mayor Pierson advised Rex Womack, receiving a majority of
' the votes of the remaining Council Members, was the newly appointed
Council Member to Place No. 6, to serve the remaining term of office
until April of 1982.
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ALLEN CITY COUNCIL
December 3, 1981 Page 3
Oath -of -Office to Newly
Appointed Councilman in
Place No. 6 - Rex Womack (Agenda Item III)
City Secretary Marty Hendrix administered the Oath -of -Office
to Rex Womack, the newly appointed Councilman for Place No. 6.
Councilman Womack took his place on the Council.
Presentation of Plaque -of -
Appreciation to Richard Chumbley,
Resigning Councilman to Place No. 6 (Agenda Item IV)
Mayor Pierson presented a plaque -of -appreciation to Richard
Chumbley, resigning Councilman for Place No. 6, for his dedicated
service on the Allen City Council from April, 1979 through November,
1981.
Mayor Pierson recessed the regular meeting of the Allen City
Council at 7:46 p.m. in order to provide Councilman Womack an
opportunity to briefly review the Council agenda. The meeting
was reconvened at 7:55 p.m.
CONSENT AGENDA (Agenda Item V)
Upon a motion made by Councilman Andrew and seconded by
Councilman Daugherty, the Council voted 7 - 0 to approve and
adopt all items on the Consent Agenda as recommended and as
follows:
A. Minutes of November 19, 1981 - Regular Session
B. Authorization to City Staff to pay bills associated
with the 1979 - 82 Capital Improvements Program as
follows:
1. Mason -Johnston & Associates, Inc. $ 845.00
Repair of Cottonwood Creek Sewer
Line - Pipeline Investigation
2. Ronald E. Fix & Associates $4,572.16
Contract No. 800705R
Construction of Bethany, Pebble -
brook and Butler Drive
Engineering & Staking Fees
3. Austin Paving Company $26,756.66
Contract No. 800705R
Construction of Bethany, Pebble -
brook and Butler Drive
Payment No. 3
ALLEN CITY COUNCIL
December 3, 1981
Page 4
Appointments to Terms of
Office on the Planning & Zoning
Commission - Place No. 2, 4, & 6;
and Parks & Recreation Board,
Place No. 3 (Agenda Item VI)
Mayor Pierson advised of the positions on the Planning and
Zoning Commission to which appointments were to be made, those
being Place No. 2, Place No. 4, and Place No. 6 due to expiring
terms of office. He also advised that Place No. 3 on the Parks
and Recreation Board was being considered for an appointment due
to the resignation of Wendell Housley.
Mayor Pierson advised at this time that the Executive Session
scheduled for the end of the meeting had been cancelled, since the
Executive Session held earlier had given the Council sufficient
time to discuss personnel matters.
Mayor Pierson opened the floor for nominations to Place No. 2
on the Planning and Zoning Commission.
Councilman Paxton nominated Tom Inkman for reappointment to
Place No. 2 on the Commission.
MOTION: With no further nominations, Mayor Pro Tem Farmer made a
motion that the nominations cease. The motion was seconded
by Councilman Daugherty and the Council voted 7 - 0 in
favor of the motion.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
reappoint by acclamation Tom Inkman to Place No. 2 on
the Planning and Zoning Commission for another two year
term of office to expire in June, 1983.
Mayor Pierson opened the floor for nominations to Place No. 4
on the Planning and Zoning Commission.
Council Andrew nominated Carol Henry for reappointment to
Place No. 4 on the Planning and Zoning Commission.
Councilman Daugherty nominated Gary Koch to Place No. 4.
MOTION: With no further nominations, a motion was made by Council-
man Andrew and seconded by Councilman McClure that the
nominations cease. The Council voted 7 - 0 in favor of
the motion.
In the order of their nominations, Mayor Pierson polled the
votes of the Council Members for each nominee, with Carol Henry
receiving three (3) votes and Gary Koch receiving four (4) votes.
Mayor Pierson advised Gary Koch, receiving a majority of the
votes, was the newly appointed Commissioner to Place No. 4 on the
Planning and Zoning Commission for a two year term of office to
expire in June, 1983.
ALLEN CITY COUNCIL
December 3, 1981 Page 5
Appointments to Terms of Office
on the Planning & Zoning Commission
to Place No. 2, 4, & 6; and Parks
& Recreation Board, Place No. 3 (cont'd) (Agenda Item VI)
Mayor Pierson opened the floor for nominations to Place No. 6
on the Planning and Zoning Commission.
Councilman Paxton nominated Don Lewis.
Councilman Andrew nominated Carol Henry.
Mayor Pro Tem Farmer nominated Larry Larsen.
MOTION: Upon a motion made by Councilman Andrew and seconded by
Councilman Daugherty, the Council voted 7 - 0 that the
nominations cease.
In the order of their nominations, Mayor Pierson polled the
votes of the Council Members for each nominee, with Don Lewis
receiving three (3) votes, Carol Henry receiving three (3) votes,
and Larry Larsen receiving one (1) vote.
With no one receiving a majority of the votes, Mayor Pierson
reopened nominations to Place No. 6.
Councilman Andrew nominated Carol Henry.
Councilman Paxton nominated Don Lewis.
MOTION: Upon a motion made by Councilman McClure and seconded by
Councilman Daugherty, the Council voted 7 - 0 that the
nominations cease.
In the order of their nominations, Mayor Pierson polled the
votes of the Council Members for each nominee, with Carol Henry
receiving three (3) votes, Don Lewis receiving three (3) votes,
and with one (1) abstention vote from Mayor Pro Tem Farmer.
With no one receiving a majority of the votes, Mayor Pierson
opened the floor for discussion of appointments to the Commission.
The Council discussed the candidates' qualifications and
the geographic coverage of the City of Allen of the Commissioners
and the candidates being considered for appointment.
With no further discussion, Mayor Pierson opened the floor
for nominations to Place No. 6 on the Planning and Zoning Commission.
Councilman Andrew nominated Carol Henry.
Mayor Pro Tem Farmer nominated Larry Larsen.
Councilman Paxton nominated Don Lewis.
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ALLEN CITY COUNCIL
December 3, 1981
Page 6
Appointments to Terms of Office
on the Planning & Zoning Commission
to Place No. 2, 4, & 6; and Parks
& Recreation Board, Place No. 3 (cont'd) (Agenda Item VI)
MOTION: Upon a motion made by Councilman Andrew and seconded by
Councilman Daugherty, the Council voted 7 - 0 that the
nominations cease.
In the order of their nominations, Mayor Pierson polled
the votes of the Council Members for each nominee, with Carol
Henry receiving three (3) votes, Larry Larsen receiving one (1)
vote and Don Lewis receiving three (3) votes.
Due to the fact that no one received a majority of the votes
to be appointed to Place No. 6, Mayor Pierson moved on to the
consideration of an appointment to Place No. 3 on the Parks and
Recreation Board. The vacancy on Place No. 3 was due to the
resignation of Wendell Housley.
Mayor Pierson opened the floor for nominations to Place No. 3
on the Parks & Recreation Board.
Councilman McClure nominated Russell Bratcher.
Councilman Andrew nominated Larry Reeves.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by
Councilman Womack, the Council voted 7 - 0 that the
nominations cease.
In the order of their nominations, Mayor Pierson polled the
votes of the Council Members for each nominee, with Russell Bratcher
receiving four (4) votes and Larry Reeves receiving three (3) votes.
Mayor Pierson advised Russell Bratcher, receiving a majority
of the votes, was the newly appointed member to the Parks and
Recreation Board to Place No. 3, to serve the remaining term of
office until September, 1982.
The consideration of appointment to Place No. 6 was taken up
again by the City Council.
Mayor Pierson opened the floor for nominations.
Councilman Paxton nominated Don Lewis.
Councilman Andrew nominated Carol Henry.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman McClure, the Council voted 7 - 0 that the
nominations cease.
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ALLEN CITY COUNCIL
December 3, 1981
Page 7
Appointments to Terms of Office
on the Planning & Zoning Commission
to Place No. 2, 9, & 6, and Parks
& Recreation Board, Place No. 3 (cont'd) (Agenda Item VI)
In the order of their nominations, Mayor Pierson polled the
votes of the Council Members for each nominee, with Don Lewis
receiving two (2) votes and Carol Henry receiving five (5) votes.
Mayor Pierson advised that Carol Henry, receiving a majority
of the votes, was reappointed to the Planning and Zoning Commission
to Place No. 6 for a two year term of office which expires on
June of 1983.
Public Hearing: Request for Variance to the
Sign Ordinance for 300 Sq. Ft.
Class Six Freeway Sign -
Texoma Advertising Company (Agenda Item VII)
The City Council, acting in the capacity of the Sign Board
of Appeals, conducted the following public hearing on the variance
request.
Mayor Pierson read the request into the record as follows:
"Public Hearing on a variance request to the Sign Ordinance
as requested by Texoma Advertising Company."
Jimmy Mitchell, President of Texoma Advertising Company,
spoke before the Council on behalf of this request.
Mr. Mitchell presented a location map of the area his sign
company serves, a drawing of the proposed structure of the 300
square foot sign, proposed advertising on the sign, samples of
other types of advertising messages, and pictures of the various
types of signs his company produces.
Mr. Mitchell requested that a variance be granted to him in
order to construct a 300 square foot (12' x 25') Class Six Freeway
advertising sign to be located in the shopping center zoning
district at the corner of Highway 75 and McDermott. The 300 square
foot sign is a standardized size that his company produces.
Mr. Mitchell advised that he felt this sign would provide better
visibility to traffic travelling on Highway 75 rather than the 128
square foot sign size allowed by the City of Allen Sign Ordinance.
The City Council discussed with Mr. Mitchell the committee
work and review done on the development of the Sign Ordinance
and the recent adoption of the Ordinance. They also discussed
with Mr. Mitchell various larger development signs located throughout
Allen which have been erected on specific use permits of a temporary
nature.
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ALLEN CITY COUNCIL
December 3, 1981
Page 8
Public Hearing: Request for Variance to
the Sign Ordinance from
(continued) Texoma Advertising Company (Agenda Item VII)
Mayor Pierson opened the public hearing. No one appeared
to speak either for or against the request. The public hearing
was closed.
MOTION: Upon a motion made by Councilman Andrew and seconded
by Council McClure, the Council voted 7 - 0 to deny
the request for a variance to the Sign Ordinance.
Legislative Update Presented by
Police Chief Richard Carroll
(Agenda Item VIII)
Chief of Police Richard Carroll spoke before the Council on
the following bills adopted by the 67th State Legislative affecting
the Police Department and the City of Allen: House Bill 360,
House Bill 43, House Bill 154, House Bill 197, House Bill 258,
House Bill 790, House Bill 1681, House Bill 1743, Senate Bill 211,
Senate Bill 242, Senate Bill 269, Senate Bill 306, Senate Bill 372,
Senate Bill 430, Senate Bill 544, Senate Bill 914, House Bill 1321,
House Bill 733, and Senate Bill 127.
The Council discussed with Chief Carroll various aspects of
the new laws and several interpretations of the new laws.
There was no action taken on this item.
Mayor Pierson recessed the Council meeting at 9:09 p.m. The
meeting reconvened at 9:16 p.m.
Award of Bid on the Police Pro-
fessional Liability Insurance
(Agenda Item IX -A)
Linda Midtling, Director of Finance, spoke before the Council
on the City Staff's recommendations for award of the bid for the
police professional liability insurance, after having contacted
the prospective bidders regarding the specification requirements
which had been bid. Ms. Midtling reviewed with the Council the
specifications and advised that the Kenneth Murchison Agency and
the Texas Police Association had met all of the bid specifications,
whereas, the Carl Gilliland Agency had not met all of the spec-
ification requirements. Based on their findings, the City Staff's
recommendation was to award the bid to the Kenneth Murchison Agency
in the amount of $3,525.00 for the police professional liability
insurance, with their bid being the apparent low bid and meeting
all specification requirements.
The City Council briefly discussed the specifications; City
Staff's recommendations at the last Council Meeting; the amount
of the bids received by the prospective bidders; and the specific
areas of the specifications not included in the Carl Gilliland
Agency's bid.
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ALLEN CITY COUNCIL
December 3, 1981
Award of Bid on the Police Pro-
fessional Liability Insurance (cont'd)
Page 9
(Agenda Item IX -A)
MOTION: Upon a motion made by Councilman Andrew and seconded by
Councilman Paxton, the Council voted six (6) for, and
with one (1) abstention from Councilman Womack, to
award the bid to the Kenneth Murchison Agency in the
amount of $3,525.00 for the police professional liability
insurance per City Staff's recommendations.
Award of Bid for Two (2)
Police Replacement Vehicles
(Agenda Item IX -B)
Police Chief Richard Carroll spoke before the Council on
the bid received for two Chevrolet Malibu Classic police cars.
Since only one bid was received from the six bid notices sent out,
Chief Carroll explained that he had done a price comparison with
several other cities to see how the bid compared to what other
cities are receiving, and the bid appears to be quite reasonable.
Chief Carroll also advised that Chevrolet has phased out the
Malibu for 1982 and replaced it with a Malibu Classic.
The Council briefly discussed with Chief Carroll the bid
and the engine capacity of the Malibu Classic.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Andrew, the Council voted 7 - 0 to award
the bid to Carter Chevrolet in the amount of $9,626.61
each for two Chevrolet Malibu Classics for replacement
vehicles for the Police Department.
Tax Report - November 30, 1981 (Agenda Item X -A)
Walter Curtis, Tax Assessor -Collector, presented to and
spoke before the Council on the Schedule of Taxes Receivable
as of November 30, 1981.
The Council briefly reviewed. the schedule.
There was no action taken on this item.
City Offices - Floating Holiday (Agenda Item X -B)
City Manager Jon McCarty advised the Council that the City
Hall would be closed for Christmas Eve as the employees had
elected to use the floating holiday at that time.
There was no action taken on this item.
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ALLEN CITY COUNCIL
December 3, 1981
Page 10
General Discussion
City Manager Jon McCarty advised the Council of the status
of the construction of the InteCom facility and that a tentative
date of December 15th had been set for a certificate of occupancy.
He further advised of problems with the sewer line connection
for that facility, however, they are being worked out at the present
time. Also, Mr. McCarty advised of the acceptance of the sewer
line by the City of Allen in the near future.
Councilman Andrew advised of a compliment he had received
on the Allen Police Department for their service to a citizen
of an adjoining community.
Mayor Pierson also advised of a letter of commendation to
the Police Department that he had been copied on.
Bill Petty, Building Official, presented to the Council
copies of the new Zoning Map and reviewed the index with the
Council.
Councilman Daugherty asked about the status of the hiring
of a street superintendent and how street complaints were handled.
He was advised that a street superintendent had recently been
hired; and the Council discussed proposed procedures for the handling
of complaints. City Manager McCarty advised of the complaint pro-
cedure on garbage collection.
Adjournment
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman McClure, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 9:47 p.m.
1981.
These minutes approved on the 17th day of December
Mckey Pierson, MAYOR
M� ti . iT tiE c7J�G
Marty Hendrix CITY SECRETARY
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