Loading...
HomeMy WebLinkAboutMin - City Council - 1987 - 06/18 - RegularALLEN CITY COUNCIL REGULAR SESSION JUNE 18, 1987 Present• Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Bobby Glass Jim Wolfe Jim Pendleton Jack Pennington 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 6:30 p.m. on Thursday, June 18, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Mayor Rodenbaugh adjourned the regular session of the Allen City Council into Executive Session at 6:31 p.m. Executive Session (Agenda Item II) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(e), 2(f), and 2(g), the Allen City Council convened into Executive Session at 6:32 p.m. on Thursday, June 18, 1987, in the Conference Room of the Allen Municipal Annex, in order to discuss matters pertaining to legal, property and personnel. The Executive Session was adjourned at 7:25 p.m. The Allen City Council reconvened into their regular session at 7:30 p.m. on Thursday, June 18, 1987, in the Council Chambers of the Allen Municipal Annex. Consider Appointment to Alternate, Place No. 2 on the Board of Adjust- ment and Consider Appointments to Places No. 2, 4, and 6 on the Planning and Zoning Commission and Ordinance No. 796-6-87: An Ordinance of the City of Allen, Collin County, Texas, Amending Section 2(e), "Establishment of Library Board", of Ordinance No. 418- 11-82, and the City of Allen Code of Ordinances, Chapter 7, "Library", Article II, "Library Board", Section 7-16(5), By Providing for Extension of Ap- pointed Terms Under. Extraordin- arV Circumstances (Agenda Item III -A) (Agenda Item III -B) (Agenda Item III -C) ALLEN CITY COUNCIL REGULAR SESSION JUNE 18, 1987 Page 2 Library Board Place Consider Appointment to the 1 - Gayle Boon Place Board of Adjustment (cont'd) (Agenda Item III -A) Place and 5 - Eileen Tollett Place Consider Appointment on the 7 - Donald Nugent Planning and Zoning Commis- sion (cont'd) (Agenda Item III -B) and Ordinance No. 796-6-87 (cont'd) (Agenda Item III -C) and Resolution No. 797-6-87(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Providing for a Special One -Term Extension for Two Library Board Mem- bers (Agenda Item III -D) MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Pennington, the Council voted 7 - 0 to appoint the following individuals to the subject places: Planning & Zoning Commission Place No. 2 - John Garcia Place No. 4 - Eileen Karlsruher Place No. 6 - Charles Lee Board of Adjustment Alternate - Place No. 2 - Ray Smith Library Board Place No. 1 - Gayle Boon Place No. 3 - Gretchen Bullock Place No. 5 - Eileen Tollett Place No. 7 - Donald Nugent and to approve and adopt Ordinance No. 796-6-87 and Resolution No. 797-6-87(R), as captioned previously. The motion carried. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wolfe, the Council voted 7 - 0 to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of June 4, 1987 - Regular Session. B. Authorization to city staffto pay bills associated with the 1985 Capital Improvement Program as follows: 1. Gohmann Asphalt $ 1,859.80 Project No. 70-001-06 Street Overlay Program - Hot Asphalt Mix for Overlay on Sandy Trail Period: 6/4/87 & 6/5/87 ALLEN CITY COUNCIL REGULAR SESSION JUNE 18, 1987 CONSENT AGENDA (cont'd 2. Acquisition Associates Project No. 75-002-5 Right -of -Way Acquisition - Main Street Phase II and III - Acquisition/Negotia- tion & Appraisal Services Period: 5/4/87 - 6/4/87 3. Graham Associates Construction of Main Street Phase I - Preparing Environmental Assessment for McDermott Drive Period: Thru: 5/19/87 4. Hidell Architects Project No. 55-001-3 Construction of New Library Building - Architectural Services - Reimbursable Expenses Period: During May 1987 5. Case Power and Equipment Project No. 70-001-06 Purchase of Steel Drum Vibratory Roller for the Street Department Period: 5/29/87 Page 3 (Agenda Item IV) $ 1,850.00 $ 80.00 $ 12,400.00 74.33 $ 16,675.00 Paz 6. Gohman Asphalt $ 2,844.22 Project No. 70-001-06 Street Overlay Program - Hot Asphalt Mix for Overlay on Sandy Trail and Sycamore Creek Period: 5/26, 5/27, & 6/2/87 7. Malachi Corporation $ 13,717.35 Project No. 60-002-1 Addition & Renovation of Central Fire Station - Application No. 3 Period: 5/25/87 8. Hidell Architects $ 600.00 Project No. 60-002-3 Addition & Renovation of Central Fire Station - Architectural Services - Reimbursable Expenses 90.00 Period: During May 1987 9. Hidell Architects Project No. 40-001-3 Construction of Police and Courts Building - Architectural Services - Reimbursable Expenses 820.28 Period: During May 1987 10. G. M. Geer, Engineer $ 1,845.00 Project No. 40-001-2 55-001-2 Municipal Complex Development - Surveying Services Period: 4/14/87 Paz ALLEN CITY COUNCIL REGULAR SESSION JUNE 18, 1987 Page 4 CONSENT AGENDA (cont'd) (Agenda Item IV) 11. Black and Veatch Engineers $ 3,000.00 Project No. 90-002-2 Construction of 2 MG Elevated Water Storage Tank - Engineer- ing Services Period: May 1987 12. Black and Veatch Engineers $ 802.89 Project No. 90-003-2 Water System Supervisory Control and Telemetry - Engineering Services Period: May 1987 13. Schrickel Rollins & Assoc. $ 7,016.00 Project No. 50-002-1 Construction of Ford Park Phase II - Professional Services Period: 6/12/87 C. Schedule of Taxes Receivable as of May 31, 1987 D. Set July 16, 1987 as the Public Hearing Date on a Request to Establish Permanent Zoning of "FP -PD" Flood Plain - Planned Development to Include Corridor Commercial Uses of Retail and Office and Light Commercial Uses on 95.62 Acres of Land Located South of Stacy Road and East and West of U.S. 75 as Requested by Mrs. Doyle K. Stacy, Mrs. Thomas P. Wood and Dr. Dovle S. Stacy. E. Approve Specifications and Authorize Bidding for Playground Equipment for Ford and Story Parks. F. Approve Specifications and Authorize Bidding for Playground Construction for Ford and Story Parks. G. Declare the Rosco Street Roller to be Excess Material and Authorize its Sale at a Public Auction. The motion carried. End of The Consent Agenda Award Employee Tenure Pins and Certificates (Agenda Item V) Mayor Don Rodenbaugh and City Manager Jon McCarty presented 5 -year tenure pins and certificates to the following employees: Judy Morrison - City Manager's Office Barbara Buehler - Library Kevin Broce - Fire Department Craig Gillis - Fire Department Kenneth Lindsey - Fire Department Mayor Rodenbaugh and City Manager McCarty expressed their appreciation to the employees for their service to the city. 1]4 ALLEN CITY COUNCIL REGULAR SESSION JUNE 18, 1987 Page 5 Request to Appear: Kenny McGowan, Baseball Commissioner, Allen Sports Association, Regarding the Use of Hillside Park for a Baseball Tournament (Agenda Item VI) Mr. Kenny McGowan, Baseball Commissioner with the Allen Sports Association, spoke before the Council on a request to use the Hillside Baseball Fields for a baseball tournament for youth in the Mustang League (9 and 10 year olds) and the Bronco League (11 and 12 year olds). Mr. McGowan advised the Council that the tournament would be scheduled for July 18th through the 24th and the hours would be 10:30 a.m, to 10:30 p.m. on Monday through Friday and 9:00 a.m. to 10:30 p.m. on Saturday. Mr. McGowan assured the Council that the tournament would be supervised by ASA officials and that parking would be watched carefully and that the lights would be turned off at 10:30 p.m. Mr. McGowan advised the Council that they were making this re- quest because of the overwhelming number of players in the pro- gram and the need for additional fields to play on. The Council discussed with Mr. McGowan the number of teams proposed to play in the tournament, discussed with city staff the condition of the large net at Hillside, and pointed out various concerns stated by residents living next to the fields, which have been a large concern in past years. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Glass, the Council voted 7 - 0 to approve the request as submitted by Mr. Kenny McGowan. The motion carried. Presentation of the Collin County ILOpen Space Plan and Resolution No. 798-6-87(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Supporting the Collin County Open Space Plan (Agenda Item VII) Don Proeschel, Chairman of the Parks and Recreation Board and a member of the Collin County Open Space Board, spoke briefly before the Council on the work on the Collin County Open Space Plan, the importance of it for Collin County, and the need for the city to support the plan so that it can be implemented appropriately. Mark Thornton, Director of Parks & Recreation, distributed to the City Council a summary of the plan as prepared by the Parks and Recreation Board and a proposed resolution showing the city's support of the plan, and briefly reviewed them. The Council discussed with Mr. Proeschel the goals of the Open Space Board in regard to the 1987 goals regarding the acquisition and development of the county's blackland prairies and the large amount of bond monies that would be needed to purchase that large amount of land in Collin County. There was also discussion on if the state would be involved in this parti- cular project or even the federal government in order to get addi- tional funding. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pennington, the Council voted 7 - 0 to approve and adopt Resolution No. 798-6-87(R), as captioned previously. The motion carried. 1317 ALLEN CITY COUNCIL REGULAR SESSION JUNE 18, 1987 Page 6 Consider Establishing a Local "Adopt -A -Highway" Program (Agenda Item VIII) Mark T the Council state and t involved in that he had "Keep Texas programs to hornton, Director of Parks & Recreation, spoke before on the "Adopt -A -Highway" Program sponsored by the ie interest by several local organizations to be this type of program for Allen. Mr. Thornton advised talked with the county representative on the Beautiful" programs and about bringing some of the Allen. Mr. Thornton further stated that he discovered only rural highways apply to the state program and not state highways lo- cated within cities. Therefore, the city can implement its own "Adopt -A -Highway" program for areas in the city, as is done in the City of Plano. Mr. Thornton explained that several adult organizations had indicated an interest in this program for various locations within the city, such as the intersection of F.M. 2170 and State Highway 5. Mr. Thornton stated that he had prepared a hold harmless release form and a program contract which outlines what the city and the sponsoring organization will provide and what is required from each group on an annual basis. He advised that the organization would be responsible for four collection dates per year at their adopted location and the city would pro- vide them with the needed trash bags, safety vests, and appro- priate signs for their work at the location. Mr. Thornton pointed out that it is a very low cost program for the city and very worthwhile as the work by the organizations will eliminate the unsightly trash problems the city experiences at several intersections. The Council discussed with city staff if Central Expressway (U.S. 75) was to be used in this program, and Mr. Thornton indicated that it would not be part of the program; what actual thoroughfares would be part of this program; if the Parks Department had defined what areas should be included in this program; and that the high trash areas would be targeted in the program initially. There was further discussion on the need for the Parks Depart- ment to approve of the plan submitted by the organizations and to coordinate the hours of collection, with the collection to be com- pleted before dusk; to coordinate these collections with the Police Department so that they will be aware of when the organizations are doing the trash pick-ups; if there was to be an age limitation or if youth groups would be allowed to participate with appropriate adult supervision; who will make the signs; how much will they cost, and where will the "Adopt -A -Highway" Program signs be placed. There was also discussion on if this type of program could be carried over to include the park areas, and Mr. Thornton indicated that that might be a consideration later on depending on how this "Adopt -A -Highway" program works out and how much area can be covered. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, the Council voted 7 - 0 to approve the "Adopt -A -Highway" Program for the City of Allen as presented by city staff. The motion carried. Consider an Ordinance Authorizing Collection of Local Sales Tax on Telecommunications Services (Agenda Item IX) Michael Stanger, Administrative Assistant to the City Manager, spoke before the Council on the proposed ordinance for the collection of a local sales tax on telecommunication services. Mr. Stanger ex- plained the new state law whereby telecommunications services are no longer exempt from all local sales tax, the required procedures that are to be followed by the city in order to adopt the appropriate tax- ing ordinance, the telecommunications services that are taxable under this statute, and the fiscal impact on the city with this additional tax money. ALLEN CITY COUNCIL REGULAR SESSION JUNE 18, 1987 Page 7 Consider an Ordinance Authorizing Collection of Local Sales Tax on Telecommunications Services (cont'd) (Agenda Item IX) There was considerable discussion by the City Council with city staff on the timing of adopting the proposed ordinance particularly as it relates to the city's request for Extended Area Service and if this tax should be considered after EAS has been determined or if it should be considered up front at this time. There was further discussion on the timing of the tax if the city delays action on it until perhaps next year, what areas are impacted and especially what type of income could be generated from cable television and is cable television impacted. City staff indicated to the Council that they were not sure whether cable television was included and to what extent since the law was not very clear on that particular issue. There was further discussion by the Council on the need for more clarification as to what exact telecommunications services are involved and if cable television is impacted and the need to also wait until after the state's special legislative session in order to determine what kinds of sales taxes will be implemented by the state. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wolfe, the Council voted 7 - 0 to table this item until the first Council meeting immediately following the adjournment of the second special session of the 70th Texas Legislature. The motion carried. Approve Specifications and Authorize Solicitation of Bids for Concessions at Ford Park (Agenda Item X) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the specifications and solicitation of bids for concessions at Ford Park and the reason for the need to sell Concessions at Ford Park from the newly constructed concessions building. Mr. Thornton pointed out the specifications were rather simple and they merely contained the amount of percentage the city would receive from the gross sales after taxes, with a minimum of a certain amount to be guaranteed to the city per year. Mr. Thornton pointed out the minimum acceptable bid was 158 of gross or $2400 per year guaranteed. Mr. Thornton then reviewed with the Council the proposed concession contract as a matter of information. The city staff's recommendation was that the City Council approve the specifications and authorize the solicitation of bids for the concession contract for Ford Park concessions. The Council discussed with Mr. Thornton if the amount of revenues received was related to the number of items included in the consession; the limitation of the concession building in providing certain items to the public, such as hamburgers; the need to change the date of July 31, 1987 in the bid specifications and the contract to July 31, 1988; making certain changes to the contract as follows: Adding a paragraph for "Entirety of Agreement", Adding a statement to reflect the legal fees to be paid if the city had to pursue the breach of this contract, Adding a severability clause, ALLEN CITY COUNCIL REGULAR SESSION JUNE 18, 1987 Page 8 Approve Specifications and Authorize Solicitation of Bids for Concessions at Ford Park (cont'd) (Agenda Item X) 4. Strengthening the paragraph regarding financial accountability to include that the contract require that the contractor present to the city's Finance Director accounting records and information and that they both agree on the financial reports. There was further discussion on what was meant by "after taxes" in relation to the percentage of gross receipts after taxes and if that does pertain to sales tax or other taxes and the need to clarify what taxes are involved here; if the $2,400 per year minimum percentage amount is prorated during the year, and the need to clarify that item in the contract in a prorated amount, with at least a one-half year's minimum payment required. The Council also discussed with city staff the matter of perhaps including the local fast food chains to bid in this concession process since they already make hamburgers on their premises and they can perhaps transport them to the park site. MOTION: Upon a motion made by Councilman Pendleton and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the specifications and authorize the solicitation of bids for concessions at Ford Park, in accordance with the city staff's recommendations, as stated. The motion carried. Mayor Rodenbaugh adjourned the regular session of the Allen City Council at 9:01 p.m. The meeting reconvened at 9:10 p.m. Update on Budget Revenues and Expenditures (Agenda Item XI) City Manager Jon McCarty advised the Council that a monthly report on the city's revenues and expenditures had been included in their packets and basically it continues to reflect the revised budget figures as previously submitted by city staff. He indicated to the Council that there were no significant changes to report at this time. This item was received as a matter of information. There was no action taken on this item. Capital Improvement Program Bond Sale Schedule (Agenda Item XII -A) City Manager Jon McCarty advised the Council that this item was just a matter of information to the Council in that the city staff would be bringing forth some information on a schedule to be considered regarding additional bond sales for capital improvements. Mr. McCarty advised the Council that this item would be brought forth for review at the called - special workshop session to be held on Saturday, June 27, 1987, at 9:00 a.m., at the Allen Municipal Annex. This item was received as a matter of information. There was no action taken on this item. Legislative Update (Agenda Item XII -B) Michael Stanger, Administrative Assistant to the City Manager, distributed to the Council a status report of current legislation and reviewed it with the Council particularly as it pertains to the legislative package that the city supported. He advised that the legislation regarding the "Open Meetings Law" and "Capital Impact Fees" were passed even though the city had been opposed to those two bills. ALLEN CITY COUNCIL REGULAR SESSION JUNE 18, 1987 Page 9 Legislative Update (cont'd) (Agenda Item XII -B) This item was received as a matter of information. There was no action taken on this item. Items of Interest to the Council (Agenda Item XII -C) City Secretary Marty Hendrix reminded the City Council of the Collin County Public Officials Meeting to be held on Thursday, June 25th, and that the city had also scheduled a workshop session for that evening. City Secretary Marty Hendrix advised the Council of the upcoming 69th Conference of the National League of Cities to be held in Las Vegas on December 12th through 16th and encouraged any Council Member interested in attending to contact her for further information. The Council briefly discussed the upcoming Council and city employee summer party at Ford Park Swimming Pool to be held on Saturday, July 25th. Adjournment MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wilson, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 9:23 p.m. on Thursday, July 18, 1987. The motion carried. These minutes approved on the 2nd day of 1987. ATTEST: Vlsulielthai JULY M ""L , &V\- Marty om/y v.Marty Hendrix, MC, CITY SECRETARY