Loading...
HomeMy WebLinkAboutMin - City Council - 1988 - 10/06 - RegularALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 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 WORKSHOP SESSION - 6:45 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 6:45 p.m. on Thursday, October 6, 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. There was no discussion on any of those items. Mayor Farmer reviewed Agenda Item V, Oaths -of -Office and Plaques -of - Appreciation. Mayor Farmer discussed with the City Secretary who was going to be present at the meeting to receive their oaths -of -office and who was going to be present to receive their plaques -of -appreciation. Mayor Farmer then reviewed Agenda Item VI, Public Hearing to Consider a Request for a Specific Use Permit to Relocate an Environmental Laboratory in the Central Business District. The Council discussed with city staff if the use was the same as previously submitted; if appropriate inspections had been done on the new proposed location by the Fire Marshal, the Water Commis- sion, and the Environmental Protection Agency, to insure that there was proper code enforcement in certain areas of concern. Mayor Farmer reviewed Agenda Item VII, Request to Appear by Bud Marts. Mayor Farmer advised the Council of the request to appear by Bud Marts and what his request appeared to entail. The Council discussed the reasoning behind hearing of this request and that it was not the normal practice of the Council to listen to a sales pitch for the city to purchase a product. It was pointed out that Mr. Marts was a resident of Allen and was allow to appear on the agenda due to this factor. City Secretary Marty Hendrix advised the Council of her conversation with Mr. Marts earlier in the week regarding his appearance and the amount of time that would be allotted to him for his presentation. There was further discussion by the Council on this request, what department heads had met with Mr. Marts and what the results of those meetings had been, and what he actually wanted the Council to do on this request. Mayor Farmer reviewed Agenda Item VIII, Review Proposals and Award a Contract for Police and Fire Radio Console. The Council discussed the amount of the contract to be awarded and what this included. City Manager Jon McCarty advised the Council of the amount of the contract to be awarded and that some of the additional add-on features were being purchased. There was a discussion by the Council on how this particular item could be done ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 1988 Page 2 WORKSHOP SESSION - 6:45 P.M. Discussion of Consent Agenda and Regular Agenda Items (cont'd) (Agenda Item II) with proposals rather than the competitive bidding process. The City Manager pointed out that computer equipment and radio equipment could be handled in this manner according to the state law bidding procedure. Mayor Farmer then reviewed Agenda Item IX, Resolution Supporting the Texas Good Roads Amendment. City Manager Jon McCarty briefly reviewed the proposed resolution and provided background information on this issue. There was discussion by the Council on what the revenue generating factor was in this issue, how the funds were to be used in relation to roadway improvements, and if this resolution would effect the state funds and how they can be used. There was further review and discussion on this issue and the background information provided on it. Mayor Farmer reviewed Agenda Item X, Report of the Council Standing Committees. The Mayor discussed with the Council how the reports will be presented by the various subcommittee chairmen. Mayor Farmer reviewed Agenda Item XI -A, City Chat Articles. Mayor Farmer briefly reviewed the list of upcoming articles and pointed out who would be responsible for writing each of the articles. Mayor Farmer reviewed Agenda Item XI -B, City Telecommunications Plan. Councilman Wolfe advised that he was ready to make a progress report on this plan to the Council during the regular session. He also advised that he would provide a status report on the city's telephone Extended Area Service issue. There was a brief discussion on the fact that the local newspaper had been advised of the suit filed by Southwestern Bell Telephone against the Public Utility Commission. Items of Interest to the Council (Agenda Item III) •Bill Petty, Director of Community Development, spoke before the Council on the recent approval of the specific use permit and site plan for the Goodyear Tire Store to be built on Main Street between the tennis courts of the Allen High School and the Green Light Auto Store. Mr. Petty advised that the property owner was not aware that the city would not allow an additional curb cut for this site, since the broker for the property had handled the zoning change request. Thus, the broker has returned to the city and advised that a curb cut is needed due to the need for a turning area by large delivery trucks. Mr. Petty further explained that the broker on the property had conducted a traffic study to determine an appropriate location for the additional curb cut. Mr. Petty had reviewed that location and explained it to the Council and other proposals for a location of the curb cut which would best meet the safety requirements for turning in that heavy traffic area. Mr. Petty pointed out that the time limit was real short on this request since the property was soon to be foreclosed on and they were trying to sell the property. Mr. Petty pointed out that this change to the site plan could be resolved by the city staff rather than taking it back to the Planning and Zoning Commission and City Council if it was considered a minor adjustment to the site plan. Mr. Petty advised that he was looking for some direction from the Council on this matter. There was further discussion by the Council on if the building location would have to be changed and the possible location of the curb cut. In a consensus of the Council, they directed that the city staff proceed with dealing with this issue as long as all of the safety requirements are met. -City Secretary Marty Hendrix advised the Council of the upcoming Texas Municipal League Conference to be held in Dallas on November 3 - 5 and advised that if any of the Council were interested in attending the conference or any of the other activities, then they should contact her. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 1988 Page 3 WORKSHOP SESSION - 6:45 P.M. Discussion of Consent Agenda and Regular Agenda Items (cont'd) (Agenda Item II) Mayor Farmer reviewed with the City Manager the items to be discussed under the Executive Session. With no further discussion, the workshop session of the Allen City Council was adjourned at 7:28 p.m. Annex, One Butler Circle, Allen, Texas. 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, October 6, 1988, in the Council Chambers of the Allen Municipal CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilman Pendleton and seconded by Mayor Pro Tem Wilson, 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 September 1, 1988 - Regular Session. B. Approval of City Council Minutes of September 6, 1988 - Called - Special Session. C. Approval of City Council Minutes of September 15, 1988 - Regular Session. D. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Allen Independent School District $50,795.48 CIP Project No. 50-002-6/ 50-004-6 Reconciliation Project Funding - Ford Park & Story Park Period: Thru August 2, 1988 2. Metro Appraisal Service, INc. $1,800.00 CIP Project No. 75-002-6 Construction of Main Street Phase II & III - Enhancement Study Period: Thru September 22, 1988 3. Grabam Associates $262.50 CIP Project No. 75-002-2 Construction of Main Street - Phase II & III - Right -of -Way Acquisition - Testimony in Commendation Hearing on Young Oil Company Property Period: Thru September 20, 1988 4. Authorization to City Manager to $2,600.00 Execute Final Payment to Malachi Corporation - CIP Project No. 60-002-1 - Renovation of Central Fire Station - Application No. 9 Period: Thru May 25, 1988 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 1988 Page 4 CONSENT AGENDA (cont'd) (Agenda Item IV) S. Ken Nelson & Company $4,950.00 CIP Project No. 40-001-6 Construction of Police & Courts Building - Telephone System Consulting Period: Thru August 31, 1988 6. TMC Foundations $60,930.45 CIP Project No. 40-001-1 Construction of Police and Courts Building - Application No. 10 Period: 7/31/88 - 8/31/88 7. SWA $178.55 CIP Project No. 75-002-2 Construction of Main Street - Phases II & III - Streetscape Design Reimbursable Expenses Period: 7/1/88 - 7/31/88 8. Black & Veatch $2,000.00 CIP Project No. 40-001-2/ 55-001-2 - Construction of Municipal Complex Infrastructure - Engineering Services Period: Thru August, 1988 9. Glenn Thurman, Inc. $91,955.26 CIP Project No. 35-001-1 Construction of Municipal Complex Infrastructure - Contractor Estimate No. 3 Period: Thru September 23, 1988 $8,767.50 10. Gregory Gradall CIP Project No. 70-002-6 Mustang Branch Creek - Contracted Labor and Equipment Period: Thru September 20, 1988 E. Approve Specifications and Authorize Solicitation of Bids for Three Replacement Police Department Vehicles. F. Resolution No. 881-10-88(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Designa- ting the Allen American the Official Newspaper of the City of Allen, Collin County, Texas. G. Ordinance No. 882-10-88: An Ordinance of the City Council of the City of Allen, Texas, Amending Chapter 9, "Motor Vehicles and Traffic", Article V, "Operation of Vehicles", Division 2, "Speed and Regulations", Section 9-137, of the Allen Code of Ordinances, and Article VI, Division 2, and Section 1-46, "Speed in School Zones; Signs in School Zones", of the Allen Vehicle and Traffic Code, Ordinance 259, as Previously Amended by Ordinance No. 340 and 820-10-87, of the City of Allen, Texas; Altering Established Zones; Altering Prima Maximum Speed Limits Established in Such Zones During Certain Periods on School Days; Defining Such Periods and "School Days"; Making It Unlawful to Pass Within School Zones; Providing Penalty Clauses, Severability Clauses and an Effective Date. The motion carried. End of Consent ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 1988 Page 5 Items Related to City Boards: Administer Oaths -of -Office to Appointed and Reappointed Members of the Board of Adjustment, Sign Control Board and Parks and Recreation Board (Agenda Item V-A) City Secretary Marty Hendrix administered the oath -of -office to the following newly appointed and reappointed members of the following boards: Parks & Recreation Board Ray Lewis - Place No. 1 Sign Control Board Valree Cox - Place No. 4 Board of Adjustment Lonnie Thomas - Alternate Place No. 2 Due to the fact that other newly appointed and reappointed members of the above referenced boards could not attend the Council Meeting, this record shall reflect that oaths -of -Office were administered to Ray Smith, Place No. 2, and John Karlsruher, Place No. 4, on the Board of Adjustment at their called - special meeting held on October 4, 1988. Oaths -of -Office will be administered to Richards Saunders, Place No. 3, Dan Easter, Place No. 5, and Tom Clark, Place No. 7, on the Parks and Recreation Board at their regular meeting to be held on Tuesday, October 11, 1988. Oaths will be administered to Barbara Eubanks and George Chrisman on an appointment basis. Plaques -of -Appreciation to Outgoing Members of the Board of Adjustment and Sign Control Board (Agenda Item V -B) Mayor Farmer advised that plaques -of -appreciation were to be presented to the following individuals for their service to the various city boards. However, since none of the individuals were present at the meeting, the plaques would be sent to them: Board of Adjustment Ed Lynge April, 1987 - September, 1988 Les Garrett April, 1987 - September, 1988 Sign Control Board Bruce Kleinschmidt April, 1987 - September, 1988 Public Hearing: Request for a Specific Use Permit to Relocate an Environmental Laboratory in Zoning: Central Business District Location: 200 Nest Belmont Suites A and B Requestor: Kendall Brown (Agenda Item VI) and ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 1988 Page 6 Ordinance No. 883-10-88: An Ordinance of the City of Allen, Collin County, Texas, Amiending the Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as Heretofore Amended so as to Attach a Specific Use Permit for a Scientific Laboratory, Therefore Restricting Suite A and B of 200 W. Belmont, a Multi -Use Structure Located in the Reitinger-White Addition to the City of Allen, Presently Delineated on the Official Zoning Map as a Portion of the Central Business District; Providing for Stipulations; Providing for Exhibit "A" Floor Plan; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. (Agenda Item VI) Mayor Farmer read the request into the record as follows: "Public Hearing to Consider a Request for a Specific Use Permit to Relocate an Environmental Laboratory in the Central Business District to 200 West Belmont, Suites A and B as Requested by Kendall Brown and Consider an Ordinance Approving the Specific Use Permit." Mr. Kendall Brown, owner, was present to answer any questions that were posed by the Council. Mayor Farmer opened the public hearing. No one appeared to speak either for or against the request. Mayor Farmer closed the public hearing. The Planning and Zoning Commission, at their regular meeting held on August 18, 1988, recommended to the City Council approval of the request, with the following stipulations: 1. The Specific Use Permit for environmental laboratory use shall terminate with the vacancy by Mr. Brown of his business. 2. The laboratory space shall not expand further than is indicated on the floor plan submitted showing Suites A and B at 200 W. Belmont. 3. The City of Allen Sewer Ordinance must be satisfied. 4. All requirements of the City of Allen, State of Texas, and North Texas Municipal Water District must be satisfied. There was a brief discussion on the issue that the move was needed for expansion of the business, therefore, the business must be doing well. Mr. Brown advised that it was doing well. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Glass, the Council voted seven (7) for and none (0) opposed to approve the request as submitted, in accordance with the recommendation of the Planning and Zoning Commission, as stated; and to approve and adopt Ordinance No. 883-10-88, as captioned previously. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 1988 Page 7 Request to Appear by Bud Marts Regarding Sale of a Product to the City (Agenda Item VII) Austin (Bud) Marts, 511 Northridge, Allen, Texas, was present to speak to the Council on the sale of a product to the city. Mayor Farmer advised Mr. Marts that it is not usually the policy of the Council to deal with administrative issues of the city. Mayor Farmer pointed out that the Council deals with the policy issues and that Mr. Marts was being allowed to appear before the Council because he was a resident of Allen. Mr. Marts spoke before the Council on his request to sell to the city a product called "Energy Release", which is an anti -friction metal conditioner. He provided background information on the history of company that manufac- tures this product. He advised the Council on the testing of this product, the documentation that he has of the effectiveness of the product and various individuals who have tried the product. Mr. Marts also advised of the deadends that he had run into trying to deal with the city's department heads on his product. There was discussion by the Council with Mr. Marts regarding his liability insurance and what it covered, where the product is manufactured, the name of the supervisor for Collin County who is trying out this product for use by the county, and who in the City of Plano is trying this product. At this time City Manager McCarty advised of the city's participation in the Texas Innovation Group and pointed out that the city's Director of Public Works, Tom Glab, had sent the product to this Group to be tested to see if it was effective. Mr. Marts stated that the product did not need to be Coe tested again. Mayor Farmer advised Mr. Marts that this was the position of the city in the matter at this time. That the city had sent off the product to be tested and would wait to hear the results from the Texas Innovation Group. Mayor Farmer extended appreciation to Mr. Marts for his presentation. This item was received as a matter of information. There was no action taken on this item. Review Proposals and Award a Contract for Police and Fire Radio Console (Agenda Item VIII) Police Chief Richard Carroll spoke before the Council on the mailing out of specifications to 13 companies and of the receipt of two proposals for the radio console equipment and the receipt of two "no bids". Chief Carroll pointed out the base proposal from Motorola Communications, Inc., was $54,655, and that Console Systems, Inc., had submitted a proposal of $93,354. Therefore, Chief Carroll advised that the recommendation was to accept the proposal of Motorola Communications, Inc. Chief Carroll stated that an add- on alternate had been negotiated to bring the total to the recommended amount of $55,462. Chief Carroll advised that the budget for this item was $25,000 in the Police Department's budget and $25,000 in the Fire Depart- ment's budget and that additional monies were available from the police and courts building contingency budget. There was discussion by the Council on why there was this low number of proposals returned. Chief Carroll spoke to the uniqueness of the particular type of radio console equipment and that it was software driven, thus eliminating some potential proposals. The Council also discussed if this new equipment would be installed in the new police and courts building. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 1988 Page 8 Review Proposals and Award a Contract for Police and Fire Radio Console (cont'd) (Agenda Item VIII) 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 the city staff's recommendation to award the proposal to Motorola Communications in the amount of $55,462, and to authorize the city manager to execute a contract to purchase this equipment in the amount specified, all in accordance with the city staff's recommendation. The motion carried. Resolution No. 884-10-88(R): A Resolution of the City Council of the City of Allen, Texas, Supporting the "Good Roads Amendment" to the Texas State Constitution, and Calling on Voters in the City of Allen, Texas, to Support Said Amendment in the November, 1988, General Election; and Providing for an Effective Date. (Agenda Item IX) Mayor Farmer advised the Council of the contents of the proposed resolution. He stated that it provides that all highway funds which are paid to the State of Texas from the Federal Highway Trust Fund will be deposited in the Highway Trust Fund of the state and will determine how these funds can be spent for roadway improvements. Mayor Farmer pointed out that this resolution related to federal funds and not state funds. MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Wolfe, the Council voted seven (7) for and none (0) opposed to approve and adopt Resolution No. 884-10-88, as captioned previously. The motion carried. Report of the Council Standing Committees - Development (Agenda Item X -A) Councilman Jim Wolfe provided to the Council an updated work plan for his Council Development Subcommittee, consisting of he and Councilman Glass. He advised that this subcommittee proposed to meet on the second and fourth Thursdays of the month during the lunch hour. He proposed that the Mayor and Council review their work plan and provide any additional suggestions they felt were necessary. This item was received as a matter of information. There was no action taken on this item. Report of the Council Standing Committees - Services (Agenda Item X -B) Mayor Pro Tem Wilson distributed to the Council the work plan for his Council Services Subcommittee, consisting of he and Councilman Pendleton. He advised of their meeting to prioritize the fist of topics and that they would be meeting on alternating Wednesday evenings at 7:00 p.m. He also encouraged the Council to review their list of topics and provide any input necessary. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 1988 Page 9 Report of the Council Standing Committees - Finance/Administration (Agenda Item X-C) Councilman Womack advised the Council of a meeting of his subcommit- tee, being the Finance/Administration subcommittee. Councilman Womack stated that topics had been developed, but he did not have written document to distribute to the Council at this time. Councilman Womack advised that his subcommittee would be meeting on an as needed basis. This item was received as a matter of information. There was no action taken on this item. Mayor Farmer commended all of the Council Members on their work thus far on their various subcommittees. City Chat (Agenda Item XI -A) Mayor Farmer advised the Council and staff of upcoming articles for the "City Chat" articles in "The Allen American". This item was received as a matter of information. There was no action taken on this item. City Telecommunimtions Plan (Agenda Item XI -B) Councilman Wolfe spoke before the Council on the fact that Southwestern Bell Telephone had filed suit in district court against the Public Utility Commission for the ruling that they had issued in Allen's telephone Extended Area Service case due to the issue of loss toll revenues. Councilman Wolfe distributed to the Council a copy of the plaintiff's original petition in the cause. Councilman Wolfe advised that the rates that the Public Utility Commission approved for Allen were not adequate in Southwestern Bell's opinion to recover the revenues that were being loss from the long distance calls that will no longer be made. Councilman Wolfe pointed out the necessity of the city to intervene in this case to insure that the city's interest is covered in this case. There was discussion by the Council on if the Council has to take formal action to become an intervener in this case, the need for this issue to be discussed with the city's attorney in Austin, and the need for a consensus vote from the Council on the need to pursue this issue with the attorney. It was concluded by the Council that this was an important issue to be discussed with the attorney in Austin. Councilman Wolfe then advised the Council of the status of the telecom- munications study being conducted by Ken Nelson and Company, a consultant. Mr. Wolfe stated that a report had been submitted to the Council subcommit- tee, the subcommittee has reviewed and accepted the study, and the recom- mendation in the study was that the city obtain a plexar system. Mr. Wolfe stated that before the next Council meeting, the city staff and subcommittee would bring forth a recommendation for action by the Council. He advised that Southwestern Bell Telephone Company can provide the equipment for this system. He also pointed out that timing is a major issue in this matter due to the listings in the telephone directory. 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 XI -C) -Mayor Farmer advised of the upcoming meeting of the Texas Municipal League Conference to be held on November 3 - 5, 1988 in Dallas. -Mayor Farmer recognized Frank Trevino, a student at Collin County Community College, who was present at this meeting in connection with Ids local government course. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 6, 1986 Page 10 Executive Session (Agenda Item XII) 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 8:37 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,Texas, in order to discuss matters pertaining to Council employee evaluations, report on personnel actions and right-of-way acquisition. The Executive Session was adjourned at 10:28 p.m. Reconvene to Adjourn (Agenda Item XIII) The Allen City Council reconvened into regular session at 10:30 p.m. on Thursday, October 6, 1988 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Pendleton, 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. The motion carried. These minutes approved on the 20th day of October , 1988. APPROVED: Farmer, MAYOR ATTEST: Marty Hendrix, CM9, CITY SECRETARY