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HomeMy WebLinkAboutMin - City Council - 1982 - 04/15 - RegularALLEN CITY COUNCIL Regular Session April 15, 1982 Present: Mickey Pierson, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Don Rodenbaugh Ward Paxton Absent• Rex Womack City Staff• Jon McCarty, City Manager Marty Hendrix, City Secretary Newly Elected Council Member Dennis Offutt The regular session of the Allen City Council was called to order by Mayor Pierson at 7:31 p.m. on Thursday, April 15, 1982 at Rountree Elementary School, 800 E. Main Street. Mayor Pierson advised all present that Item III on the Council Agenda would be the first item of business at the meeting. Canvass of Election Returns for Place No. 6 on the City Council (Agenda Item III -A) Mayor Pierson advised that due to a request from Rex Womack, a recount of the ballots cast for Place No. 6 in the April 3, 1982 City Council Election was held on Monday, April 12, 1982. The results of the recount had been presented to the Mayor in the form of a letter from the recount committee. The Council had been provided with copies of the recount results as follows: Name of Candidate Number of Votes Rex Womack 424 Dennis Offutt 451 Mayor Pierson read the results of the recount as shown above, and the City Council reviewed the results. (Agenda Item III -B) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to adopt Resolution No. 387-4-82(R), declaring the results of the recount for all ballots cast for Place No. 6 which showed Dennis Offutt was duly elected to Place No. 6 on the Allen City Council. The motion carried. 53 Resolution No. 387-4-82(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Declaring the Results of a Recount for All Ballots Cast for in the Regular Place No. 6 City Council Election held on April 3, 1982 (Agenda Item III -B) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman McClure, the Council voted 6 - 0 to adopt Resolution No. 387-4-82(R), declaring the results of the recount for all ballots cast for Place No. 6 which showed Dennis Offutt was duly elected to Place No. 6 on the Allen City Council. The motion carried. 53 ALLEN CITY COUNCIL April 15, 1982 Oath -of -Office to Newly Elected Councilman to Place No. 6 Page 2 (Agenda Item III -C) City Secretary Marty Hendrix administered the oath -of - office to Dennis Offutt, newly elected Councilman to Place No. 6 on the Allen City Council. r The City Secretary also presented to Mr. Offutt the Certificate of Election showing the number of votes received. Dennis Offutt took his chair on the City Council. Approval of Cost for Recount of Votes for Place No. 6 (Agenda Item III -D) City Secretary Marty Hendrix advised the Council that per the Texas Election Law, Article 9.38a, Subdivision 10, the costs for the recount were figured using the maximum hourly rate for election judges and clerks, being $4.00 per hour. The recount committee consisted of three (3) members who worked for a total of two and one-half hours each for a total of $10.00 per person. Additional costs included sending out two (2) certified letters to the opposing candidates concerned in the recount for a cost of $2.70. The total costs for the recount being $32.70. Mrs. Hendrix further advised that Mr. Womack had deposited $50.00 with the City upon his request for the recount,and the remaining $17.30 would be reimbursed to him. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Daugherty, the Council voted 7 - 0 to approve the costs of the recount to be a total of $32.70. The motion carried. Election of Mayor Pro Tem on the Allen City Council (Agenda Item III -E) Mayor Pierson opened the floor for nominations for Mayor Pro Tem on the Allen City Council. Councilman McClure nominated Councilman Joe Farmer. Councilman Paxton nominated Councilman H. R. Daugherty. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Councilman Offutt, the Council voted five (5) for, none (0) opposed, and with two (2) abstentions from Councilmen Farmer and Daugherty, that the nominations cease. The motion carried. In the order of their nominations, Mayor Pierson polled the votes of the Council Members for each nominee, with Council- man Joe Farmer receiving three (3) votes and Councilman H. R. Daugherty receiving two (2) votes. Council Members Farmer and Daugherty abstained from voting. Mayor Pierson advised that Councilman Joe Farmer was re- elected as Mayor Pro Tem. Special Appearance by Bob Alderson, Manager, of the Collin County Farmers Mr. Bob Alderson, Manager of the new Collin County Farmers Market, presented to the City Council small baskets of vegetables and invitations to a preview of the facilities,located on F.M. 2170, one mile west of U. S. 75, on Monday, April 26, 1982. Mr. Alderson advised that the grand opening of the Farmers Market would be on Saturday, May 1, 1982. There was no action taken on this item. 5� ALLEN CITY COUNCIL April 15, 1982 Page 3 CONSENT AGENDA (Agenda Item II) At the request of City Manager McCarty, item "C" was removed from the Consent Agenda for individual consideration. At the request of Councilman Paxton, items "D" and "E" were removed from the Consent Agenda for individual consideration. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Daugherty, the Council voted 7 - 0 to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Minutes of April 1, 1982 - Regular Session B. Minutes of April 8, 1982 - Called - Special Session F. Set Public Hearing date for May 20, 1982 on an amendment to the Comprehensive Zoning Ordinance to include the presently unlisted use of "arcade". The motion carried. Authorization to City Staff to Pay Bills Associated with the 1979 - 82 Capital Improvements (Consent Agenda Program Item - II -C) City Manager McCarty advised the Council that in the bill to Morton Realty Company for the charges on the water line to the new Fire Station, located on Exchange Parkway, there was a correction. The bill indicates that Murray Development will refund the City for their costs in the water line, however, Murray Development has already put up their portion of the costs. Approval of the payment would be in the amount of $4,052.48 for the City's portion of the water line. MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Daugherty, the Council voted 7 - 0 to authorize the City Staff to pay bills associated with the 1979 - 82 Capital Improvements Program as follows: 1. Morton Realty Company $ 4,052.48 Contract with Congrove Const. Co. for construction of water line located on Exchange Parkway 2. Omega Construction Company $48,217.50 Contract No. 8024.01 - Con- struction of Fire Station No. 2 Payment No. 6 The motion carried. Set Public Hearing Date for May 6, 1982 on a Request for Site Plan Approval by (Consent Agenda / Fox & Jacobs for TH-PD No. 7 Item - II -D) r AND Set Public Hearing Date for May 6, 1982 on Zoning Amendment Request on 9 acres by Robert Burkart, from MF -1 to MF -2, (Consent Agenda located on Park Place & Jupiter Road Item - II -E) Councilman Paxton had requested that these items be removed from the Consent Agenda. He advised the Council of his concern that the objectives and plans for development, in general, for the City are not well enough established at the present time. Mr. Paxton further advised that he is very interested in seeing those get clarified before the Council gets too much further along with any zoning changes. $S S� ALLEN CITY COUNCIL April 15, 1982 Page 4 (Consent Agenda Setting Public Hearing Dates (continued) Items II -D & E) The Council discussed Councilman Paxton's concerns and discussed calling a work shop session to review and address some of the issues on planning and development of the City of Allen for the future. ^" MOTION: Upon a motion made by Councilman Paxton and seconded �y by Councilman Daugherty, the Council voted 7 - 0 to table the two public hearing requests, one being for site plan approval on TH-PD No. 7 as requested by Fox & Jacobs and the other being a zoning amendment request on 9 acres of land, located on Park Place and Jupiter Road, from MF -1 to MF -2 as requested by Robert Burkart. The motion carried. Awarding Contract for Construction of the Service Center/City Hall Annex (Agenda Item IV) City Manager McCarty advised that there was a correction to be made on the bid tabulation sheet presented to the Council. The figures for Tegrus should be corrected to read $568,000 for the City and $884,000 for the School under the heading of Base Bids - Separate. Jim Bullock, with Fisher -Spillman Architects, spoke before the Council on the bidding process, the bids received, and provided a brief update for the new Council Members on the plans for the Service Center/City Hall Annex. _ Mr. Bullock advised that the apparent low bidder had been Pogue/Fermenter for both the City and the School projects, however, it had been determined that they had left out the cost of the fire sprinkler for both projects. Mr. Bullock read a letter from Pogue/Permeater stating that they did make !/ an error, advising of the costs for the sprinkler systems, and askingfor consideration. Mr. Bullock advised that due to legal requirements of the bidding process, it appears that this bid would not be acceptable. Mr. Bullock pointed out that the next low bidder for the City's project was Waller -Spears in the amount of $539,327.00. Mr. Bullock provided the Council with references on projects that Waller -Spears had constructed and they had received favorable comments. Mr. Bullock also advised the Council that alternates had been listed in the bidding process and one or all could be deleted from the bid cost to reduce the amount of the contract. City Manager McCarty advised the Council that the legal requirements of the bidding process had been reviewed,and it had been determined that the Pogue/Permenter bid would not be acceptable. Based upon these findings, the City Staff's recommendations were to: 1. Allow Pogue/Permenter to withdraw their bid 7 proposal from consideration. 2. Award to the next low bidder, being Waller - Spears, and authorize the City Manager to execute contracts using the base bid of $539,327.00, less Alternates Number 7 and 8 (hydraulic lift and roof screens - $18,582.00), for the reduced base bid amount of $520,745.00. 3. Approve the following project budget: a. Funds to be used from the Service Center and City Hall Bond Propositions: S� ALLEN CITY COUNCIL April 15, 1982 Page 5 Awarding of Contract for Construction of Service Center/City Hall Annex (cont'd) (Agenda Item IV) Construction $488,889 Fees 29,333 Other (survey & platting) 1,800 Contingencies (3.5%) 17,000 Total City Hall/Service Center Bond Funds to be Budgeted $537,017 b. Funds to be used from Street Bond Proposition: Construction $ 31,861 Fees 1,912 Other (staking & platting) 500 Contingencies (3.5%) 1,000 Total Street Bond Funds to be Budgeted $ 35,273 Combined Budget Total $572,290 Funds for this project are presently available from the following sources: Street Bond Funds -$35,273, Service Center Bond Funds -$210,000, City Hall Bond Funds -$270,000, and Interest • earned on idle funds of the Service Center and City Hall Additions J i� Bond Propositions -$57,017. 4. Preparation and execution of contract documents are contingent on action of the AISD Board of Trustees to enter into a contract on their warehouse at the same time. The City Council discussed the construction of Butler Circle and the bond funds appropriated for payment, as well as the bid tabulations and the difference between the base bids for the separate projects as opposed to the base bids for the projects combined. The discussion also included the lowest bidder for the school's project, being Tegrus. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to award the contract to Waller -Spears per the City Staff's recommendations as presented above. The motion carried. Consideration of an Ordinance Imposing an Occupational Tax, Permit, License and Regulations for Coin -Operated Machines (Agenda Item V) Bill Petty, Building Official, spoke before the Council on -TAW the proposed ordinance for regulation, licensing and permitting of coin-operated machines. He advised of the research and drafting of the ordinance by City Staff and the proposed adoption of this ordinance to coincide with the adoption of the amendment to the Comprehensive Zoning Ordinance for the "arcade" use. The public hearing on the "arcade" use is schedule for the Council meeting of May 6, 1982. Mr. Petty reviewed the ordinance with the City Council and pointed out sections which had not been specified by State Law. The City Council discussed various aspects of the ordinance. ALLEN CITY COUNCIL April 15, 1962 Page 6 Consideration of an Ordinance Imposing an occupational Tax, Permit, License and Regulations for Coin -Operated Machines (cont'd) (Agenda Item V) City Staff advised that the proposed ordinance was for the City Council's review and input prior to consideration of adoption at the May 20, 1982 Council meeting-. The Council'. can r, contact the City Staff with any comments they may have. There was no action taken on this item. Resolution No. 388-4-82(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Endorsing the Schedule of Thoroughfare Projects Prepared by the Collin County Transportation Committee, Requesting the State Highways and Public Transportation Commission Incorporate the Projects into the State Thoroughfare Plan, and Approving Those Proposed Projects Marked "Immediate" for Immediate Construction. (Agenda Item VI) Mayor Pierson advised the Council of the work done by the Collin County Transportation Committee on the proposed 20 - year Thoroughfare Plan. He also reminded the Council of the important upcoming meeting before the State Highways and Public Transportation Commission to be held in Austin on April 22, 1982, and encouraged the Council Members to attend. Mayor Pierson advised the Council that at the present time he and the City Manager would be going to the meeting. Since only one bid had been received, Chief Carroll recom- mended that the City reject that bid and readvertise for another bid opening to be held on April 20, 1982. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to reject the bid from Trinity Roofing Systems, Inc., and to proceed with another bid opening. The motion carried. j SS The Council had been provided with copies of the first .Nme draft of this presentation to be made by Collin County Com- missioner Jerry Hoagland. The Council reviewed this draft presentation and the prepared draft proposal of the 20 -year plan for highways in Collin County. The Council discussed the input the City of Allen had made in the preparation of this document, as well as the priority schedule of construction of certain highways and the improvements to be made. Other areas of discussion were the funds available for the construction of state and federal highways and the input of the local communities as to exact details of improvements and the alignment of certain highways. The Council reviewed the proposed resolution supporting the proposed 20 -year plan for highways in Collin County. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Resolution No. 388-4-82(R). The motion carried. Reroofing of the Police Department Building (Agenda Item VII) Police Chief Richard Carroll advised the City Council that / bids had been opened for the reroofing of the Police Department Building located at 101 Butler. Only one bid had been received by the City from the Trinity Roofing Systems Incorporated in the amount of $5,540.00. Since only one bid had been received, Chief Carroll recom- mended that the City reject that bid and readvertise for another bid opening to be held on April 20, 1982. MOTION: Upon a motion made by Councilman Paxton and seconded by Councilman Rodenbaugh, the Council voted 7 - 0 to reject the bid from Trinity Roofing Systems, Inc., and to proceed with another bid opening. The motion carried. j SS ALLEN CITY COUNCIL April 15, 1982 Page 7 Police Report - March 1982 & First Quarter of 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 as of March, 1982, as well as the first quarter of 1982. As requested by the Council, Chief Carroll provided figures from the first quarter of 1981 in order to provide figures for some comparisons to be made. Chief Carroll reviewed with the Council the comparison of the figures and answered questions pertaining thereto. There was no action taken on this item. General Discussion The Council discussed the date and time for holding a work shop session to review and discuss planning and development in the City. The Council also discussed with the City Staff ,fiat materials needed to be provided for the work shop session. It was the consensus of the Council to call the work shop session for Monday, April 19, 1982, at 7:30 p.m. at Rountree Elementary School, if those facilities are available. Adjournment MOTION: Upon a motion made by Councilman Daugherty and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council into Executive Session at 9:52 p.m. Executive Session In accordance with Article 6252-17 (Open Meeting Law), Section 2(f), the Allen City Council convened into Executive Session at 9:55 p.m. to discuss matters pertaining to real estate. The Executive Session was adjourned at 10:50 p.m. These minutes approved on the 6th day of May 1982. Marty Hendrix, ITY SECRETARY /Z B. Pierson, MAYOR 51