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HomeMy WebLinkAboutMin - City Council - 1988 - 06/02 - RegularALLEN CITY COUNCIL REGULAR SESSION JUNE 2, 1988 Present: Joe Farmer, Mayor Council Members: Rex Womack Jerry Wilson, Mayor Pro Tem Bobby Glass Jim Wolfe Jim Pendleton Gary Edstrom City Staff• Jon McCarty, City Manager Marty Hendrix, City Secretary RECEPTION FOR PROSPECTIVE BOARDS AND COMMISSION APPOINTEES - 6.30 P.M. At 6:30 p.m., on Thursday, June 2, 1988, the Allen City Council convened to hold an informal reception for candidates for the upcoming appointments to the city's boards and commission. After the City Council met and talked with the candidates, the city staff provided presentations on the Planning and Zoning Commission, Parks and Recreation Board, and the Library Board. The reception was concluded by 7:30 p.m WORKSHOP SESSION - 7:00 P.M. With a quorum of the Council Members present, the workshop session of the Allen City Council was called to order by Mayor Farmer at 7:00 p.m. on Thursday, June 2, 1988, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. City Secretary Marty Hendrix advised the Council that there was a correction to be made to the May 19th Council Minutes on page 12, regarding the approval of the amendments to the bylaws and local regulations of the Allen Industrial Development Corporation. Ms. Hendrix stated that according to the paper- work from the attorney's office on this approval, a resolution number was to have been adopted for that approval. Ms. Hendrix advised that the minutes had been corrected to reflect that resolution number and she distributed the corrected minute page to the Council. Mayor Farmer reviewed Agenda Item V-A, "Review Bids and Consider Awarding Contracts on the Municipal Complex Infrastructure". City Manager Jon McCarty advised that the bids had been reviewed, advised that reference ` contacts made, and advised that it was the determination of the city staff that the bid should be awarded to the lowest and best bidder, being Glenn Thurman, Inc. City Manager McCarty advised that he and Mark Thornton, Director of Parks and Recreation, had met with representatives of Glenn Thurman, Inc., to point out the city position in this matter. There was discussion by the Council on the budget of this project and how the $529,250 budget figure related to the $580,000 original estimated budget figure. ALLEN CITY COUNCIL REGULAR SESSION JUNE 2, 1988 Page 2 WORKSHOP SESSION - 7:00 P.M. (cont'd) (Agenda Item II) Mayor Farmer moved on to the review of Agenda Item V -B, "Furniture for the Police and Courts Building". City Manager Jon McCarty advised the Council that due to a discrepancy in the bidding process, the city staff was recommending that the bids should be rejected and this project should be rebid. Mayor Farmer reviewed Agenda Item VI, "Approve a Resolution Establish- ing a Policy for Sewer and Lateral Lines". City Manager Jon McCarty drew a diagram for the City Council to explain what was contained in the proposed resolution regarding the maintaining of lateral sewer lines. Mr. McCarty explained what area of the line the city would be responsible for and what area of the line the property owner would be responsible for. Mr. McCarty advised that the city would install, at the property owner's request and expense, a two-way cleanout in the area of the line located near the curb area. There was considerable discussion by the Council on the responsibility of the city, the responsibility of the property owner, the cost for installation of the cleanout and what the city would charge for this service, who would maintain the cleanout, and who would be liable for damage to the cleanout. Items of Interest to the Council (Agenda Item III) There were no items of interest to discuss at this time. The workshop session was recessed into the regular session at 7:28 p.m. REGULAR SESSION - 7:30 P.M. With a quorum of the Council Members present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:30 p.m. on Thursday, June 2, 1988, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of May 19, 1988 - Regular Session. B. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Southwestern Laboratories $177.75 CIP Project No. 70-001-8 1988 Asphalt Street Rehabilitation Program - Street Core Testing Period: Thru May 18, 1988 2. Professional Service Industries, Inc. $163.00 CIP Project No. 40-001-2 Construction of Police and Courts Building - Testing and Inspection Period: Thru April 30, 1988 3. Knox Company $219.00 CIP Project No. 55-001-6 Existing Library Building - Fire Safety Key Box Period: Thru May 1988 L ALLEN CITY COUNCIL REGULAR SESSION JUNE 2, 1988 CONSENT AGENDA (cont'd) 4. SVA Concrete Company CIP Project No. 50-004-2 Construction of Story Park Retainage Payment Period: Thru May 1988 5. Weyerhaeuser CIP Project No. 50-004-2 Construction of Story Park Bermuda Seed Period: Thru May 10, 1988 6. "The Allen American" CIP Project No. 50-004-2 Advertising for Bidding Story Park Period: Thru April 30, 1988 7. Black & Veatch CIP Project No. 90-002-2 2 MG Elevated Water Tower Engineering Services Period: Thru April 1988 8. Hidell Architects CIP Project No. 60-002-2 CIP Project No. 40-001-2 CIP Project No. 55-001-2 Construction of Municipal Complex Site - Professional Architectural Services Period: Thru March 26, 1988 Page 3 (Agenda Item IV) $835.55 $439.05 $32.40 $2,058.57 $3,549.39 Ordinance No. 857-6-88: An Ordinance of the City of Allen, Collin County, Texas, Amending the Municipal Agreement Between the State of Texas and the City of Allen by Amending Ordinance No. 636-9-85, Providing for the Main- tenance of Certain State Highways and/or Portions of State Highways in the City of Allen, Collin County, Texas, Hereby Referred to as Municipal Maintenance Project, and Author- izing the Mayor of the City or Other Authorized City Official to Execute and Affix the Corporate Seal and Attest Same. A Certain Agreement Between the City and the State of Texas; Providing for the Maintenance and the Use of Said Maintenance Project; Declaring an Emergency; and Providing That the Ordinance Shall be Effective From and After Its Passage. The motion carried. End of the Consent Agenda TABLED ITEM: Review Bids and Authorize Contract for Municipal Complex Infrastructure (Agenda Item V-A) MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Pendleton, the Council voted seven (7) for and none (0) opposed to remove this item from the table for consideration. The motion carried. Mark Thornton, Director of Parks and Recreation, spoke before the Council on the tabulation of the bid results for the construction of the municipal complex infrastructure, which included the extension of Bonham and Allen Drives, the drainage retention pond, and the lighting and landscaping of ALLEN CITY COUNCIL REGULAR SESSION JUNE 2, 1988 TABLED ITEM: Review Bids and Authorize Contract for Municipal Complex Infrastructure (cont'd) Page 4 (Agenda Item V-A) the streets and pond. Mr. Thornton distributed to the City Council a letter from Black & Veatch Engineers, regarding the reference checks and qualifica- tions on the apparent three lowest bidders. Those bidders being: Bitter Creek Construction Glenn Thurman, Inc. Ed Bell Construction Company $472,877.11 $494,250.00 $501.510.11 Mr. Thornton stated that based upon the results of the findings by Black & Veatch, the city staff was recommending to the City Council award of the bid to the lowest and best bid, being that of Glenn Thurman, Inc., in the amount of $494,250.00, that the Council authorize the execution of the contract in that amount, and that the Council approve the following proposed budget for this project: Proposed Budget - Municipal Complex Infrastructure REVENUE SOURCES: 1985 Police Bonds $175,000 1985 Library Bonds $200,000 Interest Earned $251,950 Total $626,950 ENGINEERING COSTS: 1. Site Study and Engineering $14,000 2. Drainage, Specifications $75,500 3. Surveying $6,500 4. GeoTech $1,700 Total $97,700 CONSTRUCTION COSTS: 1. Contract Amount (paving, streetscape, $494,250 retention pond, utilities) 2. Contingencies (7$) $35,000 Total $626,950 MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Glass, the Council voted seven (0) for and none (0) opposed to award the bid to the lowest and best bidder, being Glenn Thurman, Inc., in the amount of $494,250; to authorize the City Manager to execute the contract in that amount, and to approve the project budget as presented, all in accordance with the recommendations of the city staff, as stated. The motion carried. Review Bids and Consider Awarding Contract far Furniture for the Police and Courts Building (Agenda Item V -B) Mayor Farmer opened the floor for a motion on this item. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Glass, the Council voted seven (7) for and none (0) opposed to reject all bids and to authorize the rebidding of the furniture for the Police and Courts Building. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION NNE 2, 1988 Page 5 Resolution No. 858-6-88(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Establishing a Policy for Maintenance of Sewer Laterals; and Approval of the Statement of Policy Regarding Sewer System Maintenance and Installation of Two -Nay Clcenouts (Agenda Item VI) At the Mayor's request, City Manager Jon McCarty presented this item to the Council and drew a diagram showing the position of a house, the street, curb, right-of-way area, and the location of the lateral sewer line running from the house to the street. Mr. McCarty explained what the current policy was regarding the city's responsibility for maintaining lateral sewer lines and at what location, the problems that the homeowners are experiencing with locating clogged up sewer lines and what the proposed resolution would clarify. He explained what area of the lateral sewer line the city would be responsible for and what area of the line the property owner would be responsible for. Mr. McCarty advised that the city would install, at the property owner's request and expense, a two-way cleanout on the property line located near the curb area. There was considerable discussion by the Council on the responsibility of the city, the responsibility of the property owner, the cost for installation of the cleanout and what the city would charge for this service, and who would maintain the cleanout. The Council also discussed how the cleanout would appear on the property line. The Council discussed further the need for additional wording in the statement of policy in order to clarify what was required. Mayor Farmer suggested that in paragraph "B" of the policy the wording should be changed to state: "Upon the request of the property owner and at the expense of the property owner or person in control of the property . ". There was further discussion by the Council on who can use the two-way cleanout, the fact that Le the city will maintain the two-way cleanout and the need for the city to consider requiring that all newly built homes should have this additional cleanout installed. MOTION: Upon a motion made by Councilman Wolfe and seconded by Mayor Pro Tem Wilson, the Council voted seven (7) for and none (0) opposed to approve and adopt Resolution No. 858-6-88(R), as captioned previously; to approve the statement of policy, with the additional wording to be added by city staff per the discussion by the Council; and that this item to be brought back as an information item to the Council. The motion carried. Ordinance No. 859-6-88: An Ordinance of the City of Allen, Texas, Amending Section 1-40 of the Allen Vehicle and Traffic Code, Ordinance No. 259, as Previously Amended by Ordinance Nos. 309, 482-12-83 and 724-8-86, and Chapter 9, "Motor Vehicles and Traffic", Article V, "Operation of Vehicles", Division 2, "Speed Regulations", Section 9-135 of the Allen Code of Ordinances; Altering the Prima Facie Speed Limits Established for Vehicles Under the Provisions of Section 169(b) of Article 6701d, Vernon's Texas Civil Statutes, Upon Jupiter Road and Bethany Drive or Parts Thereof Within the Corporate Limits of the City of Allen, As Set Out in This Ordinance; and Providing Penalty Clauses, Severability Clauses and an Effective Date. (Agenda Item VII) Bill Petty, Director of Community Development, spoke before the Council on the proposed ordinance. Mr. Petty distributed to the Council copies of ALLEN CITY COUNCIL REGULAR SESSION JUNE 2, 1988 Page 6 Ordinance No. 859-6-88 (cent'd) (Agenda Item VII) the ordinance, a copy of the engineering and traffic investigation, and a speed zone strip map. Using an enlarged copy of the speed zone map, Mr. Petty advised of the designated speed zones along Bethany Road and Jupiter Road, based upon the results of the engineering and traffic investigation. Mr. Petty also pointed out inadequacies in the road construction of Bethany and the resulting 35 mph limit just east of U.S. 75. The Council discussed with city staff the inadequacies in the form of the lack of stacking for the left turn lanes. MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Wolfe, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 859-6-88, as cap- tioned previously. The motion carried. Extended Area Service (Agenda Item VIII -A) Councilman Jim Wolfe, Chairman of the Council's Telephone Subcommittee, brought the Council up-to-date on the recent happenings on the city's Extended Area Service (EAS) case. Mr. Wolfe advised that he, Councilman Pendleton, and the City Manager had gone to Austin to meet with the city's attorneys regarding various questions and the plan on the EAS balloting process and the city's position in the campaigning effort. Councilman Wolfe advised the Council that hand collection of the ballots had been determined by the attorneys to be permissible. Other suggestions included the following: 1. That the promotional activities should be handled by private groups. 2. The attorneys cautioned the Council that any and all of the campaign materials distributed by the Council or groups needed to contain accurate information. 3. The attorneys advised that the plan for handling the ballots needs to be reviewed by the Public Utility Commission staff and by the representatives of Southwestern Bell. 4. The attorneys suggested that the city prepare a comprehensive detailed plan to be put in writing. 5. The attorneys pointed out to the Council that in the Rockwall EAS case all of the City Council, not just the EAS Subcommittee, was involved and active in the process. 6. Councilman Wolfe advised that a resolution should be used to designate other departments that will be working with the City Manager in this process. 7. The Council's EAS Subcommittee would be developing the promo- tional plan. The Council discussed if there was an update on the issuance of the final order and when it was to be issued. Mr. Wolfe advised that a draft of the final order had been sent out to all parties. Southwestern Bell Telephone had not replied to the draft document. The attorneys had advised that the Public Utility Commission staff would being waiting a reasonable amount of time to receive any comments they may have, then go forward with the final order. There was further discussion by the Council on if the attorneys provided any suggestions on if certain wordage could be used on the envelopes. ALLEN CITY COUNCIL REGULAR SESSION NNE 2, 1988 Page 7 Extended Area Service (cont'd) (Agenda Item VIII -A) Councilman Pendleton also advised that there had been discussion on if the telephone companies could issue negative mailouts or statements in their bills discouraging people to vote on this issue or confusing customers on this issue. Mr. Pendleton stated that the attorneys would be taking a hard position in matters like that and advised they would check into how those situations could be handled. The Council discussed what actually starts the clock for the balloting process, what are the things that the city ought to be doing before the ballot is mailed out, and how the telephone label lists can be used. This item was received as a matter of information. There was no action taken on this item. U. S. 75 Amenities Study (Agenda Item VIII -B) Mark Thornton, Director of Parks and Recreation, spoke before the Council on a recent study and a draft report that was completed regarding amenities that would be placed along U. S. 75 upon completion of the construction. Mr. Thornton stated that he had requested copies of the draft report to be send to the Council as a matter of information. Mayor Farmer suggested that if any Council Members were interested in getting a copy of the report, then Mr. Thornton should be advised. This item was received as a matter of information. There was no action taken on this item. Mayor Farmer adjourned the regular session of the Allen City Council into Executive Session at 8:28 p.m. Items of Interest to the Council (Agenda Item VIII -C) -Councilman Jim Pendleton reminded the City Council of the upcoming annual luncheon sponsored by the North Central Texas Council of Govern- ments to be held on June 10, 1988 and asked if any other Council Members would be attending. -As a matter of information, Mayor Farmer advised the individuals in the audience that appointments to the city's boards and commission would be taking place at the next Council meeting to be held on June 16, 1988. Executive Session (Agenda Item IX -A & B) In accordance with Article 6252-17, V.A.T.0-.S. (Open Meetings Law), Sections 2(f) and 2(g), the Allen City Council convened into Executive Session at 8:35 p.m., in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas, in order to discuss matters pertaining to personnel regarding appointments to the city's boards and commission and to discuss matters pertaining to real estate negotiations for the special use facility acquisition. The Executive Session was adjourned at 10:25 p.m. Reconvene (Agenda Item X) The Allen City Council reconvened into regular session at 10:28 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. ALLEN CITY COUNCIL REGULAR SESSION NNE 2, 1988 Page 8 Consideration of Items Related to Vacancies and Appointments to Boards and Commissions (Agenda Item XI) A letter from the Chairman of the Parks and Recreation Board, Don Proeschel, had been delivered to the City Council regarding the lack of attendance by Carol Laakso, Place No. 6, the Parks and Recreation and the need for the Council to declare her position vacant. The City Secretary had also advised the City Council of a telephone conversation that she had with Gretchen Bullock, Place No. 6 on the Library Board, regarding her request to resign from the Library Board due to the fact that she and her husband would be moving. Mayor Farmer opened the floor for a motion on these items. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Womack, the Council voted seven (7) for and none (0) opposed to accept the resignation of Gretchen Bullock, Place No. 3, on the Library Board; to declare Place No. 6 on the Parks and Recreation Board vacant per the letter submitted by the Chairman of the Parks and Recreation Board; and to appoint Council Members Bobby Glass, Gary Edstrom and Rex Womack as the Council's Interview Committee and to direct that this committee bring back their recommendations regarding the appointments at the City Council meeting to be held on June 16, 1988. The motion carried. Adjourn MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Glass, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:30 p.m. on Thursday, June 2, 1988. The motion carried. These minutes approved on the 16th day of June , 1988. APPROVED: JA Farmer, MAYOR ATTEST: `a, k, i IV(JV\-W� Marty Hendrix, C, CITY SECRETARY