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HomeMy WebLinkAboutMin - City Council - 1988 - 11/17 - RegularALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 17, 1988 Present- Joe Farmer, Mayor Council Members: Rex Womack Bobby Glass Jim Wolfe Gary Edstrom Absent: Jerry Wilson, Mayor Pro Tem Jim Pendleton City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary WORKSHOP SESSION - 6:30 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 7:10 p.m. on Thursday, November 17, 1988, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. 4 Discussion of Consent Agenda and Regular Agenda Items (Agenda Item H) Mayor Farmer began the review of the Consent Agenda items. There was no discussion on any of the Consent Agenda items. Mayor Farmer reviewed Agenda Item VII, Audiences, and discussed with the City Manager what was to occur under this item. City Manager McCarty pointed out that the Allen 4-H Club would be attending the Council meeting and had requested to be recognized at this time. Mayor Farmer reviewed Agenda Item VIII, Annual Report of the Park Board presented by the Chairman. There was no discussion on this item. Mayor Farmer reviewed Agenda Item IX, Review Bids and Authorize Award of a Contract of Police Vehicles. City Manager McCarty advised the Council that circumstances had changed since the city staff recommendation had been placed in their agenda packets. Mr. McCarty advised that Police Chief Richard Carroll had been contacted by the lowest bidder, being E1 Dorado Chevrolet, and they had advised him that they had made a mistake on their bid document and were requesting to be withdrawn at this time. City Manager McCarty advised the Council that the Police Chief would be making a presentation on this matter during the Council meeting. Mayor Farmer reviewed Agenda Item X, Authorize City Manager to co Request Certain Franchise Fee Payments. Councilman Rex Womack, member of the Financel Administration Subcommittee, spoke before the Council on the fact that the City of Allen had entered into an agreement with several other cities to have an audit done of their franchise fees. The audit has been completed and the subcommittee had been working with the city staff in review of the audit. It was pointed out that it appeared that TU Electric and Lone Star Gas owed the city small amounts of money, however, South- western Bell Telephone Company owes to the City of Allen approximately $80,642 in franchise fees that they feel are not a part of the franchise ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 17, 1988 Page 2 WORKSHOP SESSION - 6:30 P.M. Discussion of Consent Agenda and Regular Agenda Items (cont'd) (Agenda Item II) ordinance and should not be paid. Mr. Womack stated that the city staff and the subcommittee feel that the $80,642 should be pursued for collection in a direct manner, Le, asking for payment of it. The Council also discussed the letter from Lone Star Gas Company that was included in the packet. The letter contained information on an energy partnership program by Lone Star Gas Company. Through this program, Lone Star Gas would charge their customers a maximum surcharge of 3.5t per MCF and use the money to rebate customers who buy certain high efficiency gas appliances and equipment. It was pointed out that Lone Star Gas had filed this request with the Texas Railroad Commission for consideration on a state wide basis. Councilman Womack advised that the subcommittee had just briefly reviewed this letter and was not in a position to make a recommen- dation on it. The Council briefly discussed the letter and the fact that the electric company already did this type of thing and it placed the gas company at a disadvantage. It was pointed out that this was just an item for information and no action on the part of the Council was needed at this time unless the Council wanted to intervene in this case that they were opposed to it. Mayor Farmer reviewed Agenda Item XI -A, Updated Standing Committee Assignments. There were no reports to be made at this time. Mayor Farmer reviewed Agenda Item XI -B, Collin County Public Officials Association. This item was a matter of information to the Council regarding the Collin County Public Officials Association meeting that was being held on this same night. Mayor Farmer reviewed Agenda Item XI -C, Items of Interest to the Council. City Manager Jon McCarty advised the Council that the appointment of Municipal Court Judge Raymond Robinson was due to expire in January of 1989. Mr. McCarty pointed out he was not sure which Council subcommittee would be reviewing that appointment. Mayor Farmer advised that he would be dealing with that appointment. City Secretary Marty Hendrix advised the Council that the new members of the Allen Industrial Development Corporation, being Rex Womack, Bobby Glass and Gary Edstrom, needed to sign the bank account papers for the corporation. At this time, Councilman Jim Wolfe spoke before the Council on the work of the Development Subcommittee and the discussions on the update to the city's comprehensive plan document. He advised the Council that the subcommittee needed to get a consensus of the Council on how to proceed with the update. Mr. Wolfe stated that the subcommittee needed to know if the priority should be placed on doing the survey and getting it out as soon as possible, or begin the work on the update to the plan and fit the survey into the process somewhere. There was considerable discussion on the survey being part of the comprehensive planning process and just where the survey should be pursued. There was also discussion on the time frame for the completion of the comprehensive plan update. Mr. Wolfe also advised the Council of a letter that had been received from the city's attorney in Austin regarding their fees for the work on the city's intervention in the case involving Southwestern Bell Telephone versus the Public Utility Commission regarding the rates to be charged in Allen's Extended Area Service. Mr. Wolfe pointed out that a consensus from the ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 17, 1988 Page 3 WORKSHOP SESSION - 6:30 P.M. Discussion of Consent Agenda and Regular Agenda Items (cont'd) (Agenda Item H) Council was needed regarding the contents in the letter for the work on the intervention in the EAS case. Due to the time factor, Mayor Farmer advised that the City Council would reconvene into the Workshop Session after the Regular Session in order to continue discussion on Workshop Session Agenda Items IV, Proposed Donation to the Police Department, and V, Items of Interest to the Council. The workshop session of the Allen City Council was adjourned at 7:32 p.m. REGULAR SESSION - 7:30 P.M. CONSENT AGENDA (Agenda Item VI) MOTION: Upon a motion made by Councilman Edstrom and seconded by Councilman Glass, the Council voted five (5) 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 November 3, 1988 - Regular Session. B. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Hidell Architects $1,133.00 CIP Project No. 40-001-3 Construction of Municipal Complex Infrastructure - Architectural Services Period: Thru October 31, 1988 2. TMC Foundations $46,747.95 CIP Project No. 40-001-1 Construction of Police and Courts Building - Contractor - Change Order No. 1 - Application No. 12 Period: Thru October 31, 1988 3. Bartex, Inc. $192,058.20 CIP Project No. 55-001-1 Construction of Library Building - Contractor - Application No. 5 Period: Thru October 27, 1988 4. Trinity Engineering $647.00 CIP Project No. 35-001-3 Construction of Municipal Complex Infrastructure - Inspection and Testing Period: Thru October 25, 1988 5. Professional Service $144.00 CIP Project No. 90-002-6 Construction of 2MG Elevated Water Storage Tank - Inspection and Testing Period: Thru September 30, 1988 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 17, 1988 Page 4 CONSENT AGENDA (cont'd) (Agenda Item VI) 6. Southern Mechanical $10,663.12 CIP Project No. 90-005-1 Construction of Main Street Phase II & III Utility Relocation Contractor - Application No. 9 Period: Thru September 30, 1988 C. Set December 15, 1988 as the Public Hearing Date on a Request to Amend Exhibit D of Planned Development No. 12 Extending Time for the Construction of Certain Thorough- fares as Requested by Bass Development Company. Resolution No. 890-11-88(R): A Resolution of the City Council of the City of Allen, Texas, Designating the City Manager to Act For and On Behalf of the City of Allen I\in Applying to the United States Department of Education for Funding Through the LSCA Title VI Grant Program, and Certifying That the City of Allen Will Comply With the Regulations, Policies, Guidelines and Requirements of Said Program. The motion carried. End of Consent A¢enda Audiences (Agenda Item VII) ( Mayor Farmer advised that Venda McFarlin and members of the Allen 4-H Club were present at the Council Meeting. Mayor Farmer asked the group to step forward and be recognized. Venda McFarlin introduced the adult manager and assistant manager and explained about the activities of the club. Then each of the 4-H members introduced themselves. Most of the nine (9) members present were officers in the club. Mayor Farmer extended appreciation to the club for its attendance at the meeting. Annual Report of the Park Board Preaented by the Chairman (Agenda Item VIII) Don Proeschel, Chairman of the Parks and Recreation Board, distributed to the Council a copy of his annual report and presented the contents of the report to the Council. Mr. Proeschel's report contained an update on the purchase of the special use facility, construction of Ford Park Phase II, the success of the open gym program, the status of the hiring of a new Parks and Recreation Director, the success of the summer programs and attendance at Ford Pool, the defeat of the open space bond proposition for Collin County, the renovations to Reed Park, construction of Story Park and Cottonwood Bend Park, development of fees for lighting the practice fields, proposal for development of an archery range, status of the sesquicentennial park project and plans to develop it at this time, update on the Senior Citizens activities, maintenance of the Allen Cemetery, status of teen recreation programs, participation in the sports leagues, the participation in the Allen Country Fair, and the parks and recreation needs in the city. Mayor Farmer commended Mr. Proeschel and the members of the Parks and Recreation Board on their work and service to the city. This report was received as a matter of information. There was no action taken on this item. C ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 17, 1988 Page 5 Review Bids and Authorize Award of Contract for Police Vehicles (Agenda Item ]EK) Richard Carroll, Chief of Police, spoke before the Council on the solicitation of bids, the bid opening and the tabulation of the bid results for the purchase of three (3) police replacement vehicles for the Police Depart- ment. The three apparent low bidders being: 1. E1 Dorado Chevrolet ($12,838.22 per unit) $ 88,514.66 2. Ray Chevrolet ($13,703.33 per unit) $41,109.99 3. Bob Tomes Ford ($13,792.00 per unit) $41,376.00 Chief Carroll advised the Council that after he had prepared the bid tabulations and the city staff's recommendation, he heard from the apparent low bidder, being El Dorado Chevrolet in McKinney, Texas. They were requesting that their bid be withdrawn, as a mistake had been made on their bid document. Thus, with the lowest bid being withdrawn, Police Chief Carroll advised that he had reviewed the next two lowest bids. Chief Carroll advised that the city's current fleet is Ford vehicles and there would be additional costs involved to prepare the Chevrolet vehicles to meet the fleet demands. Thus, the city staff was recommending that the bid withdrawal from El Dorado Chevrolet be honored by the city and that the bid be awarded to the lowest and best bid, being to Bob Tomes Ford in the amount of $13,792 per unit for a total cost of $41,376.00 for the purchase of three (3) replacement vehicles. Chief Carroll also advised the Council as a matter of information about the extended warranty to be purchased on the vehicles. The Council discussed with Chief Carroll the bid to be withdrawn by E1 Dorado Chevrolet, the amount of the extended warranty and what was covered under it, and if these were replacement vehicles or new vehicles to be added to the fleet. MOTION: Upon a motion made by Councilman Wolfe and seconded by Coun- cilman Edstrom, the Council voted five (5) for and none (0) opposed to approve the award of the bid to the lowest and best bidder, being Bob Tomes Ford in the amount $41,376.00 ($13,792 per unit), in accordance with the city staff's recommendation. The motion carried. Authorize City )banger to Request Certain Franchise Fee Payments (Agenda Item X) Councilman Rex Womack spoke before the Council on the recommendation of the Finance/Administration Subcommittee. Councilman Womack advised the Council to authorize the City Manager to pursue collection of the franchise payments due to the city from the recent audit of franchise fees performed by the Municipal Administrative Services, Inc. The audit covered a period of five years and disclosed that the city is due a refund of $99 from TU Electric, $938 from Lone Star Gas Company, and $80,642 from Southwestern Bell Telephone Company. The Council discussed with the city manager how he would approach requesting these payments. Mr. McCarty advised the Council that he would provide the companies with a copy of the audit results and would then send ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 17, 1988 Page 6 Authorize City Manager to Request Certain Franchise Fee Payments (cont'd) (Agenda Item X) to them a letter requesting payment of the outstanding fees as reflected in the audit document. There was further discussion by the Council on the question of whether Southwestern Bell Telephone had not paid in certain categories in all cities or just the cities in the audit, and if city staff has contacted other cities to see how they are going to approach this matter. Charlotte Smith, Finance Director, spoke before the Council on the information that she had obtained from the City of Richardson regarding their stand in this matter. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Edstrom, the Council voted five (5) for and none (0) opposed to authorize the City Manager to request payment of certain franchise fees that are reflected in a recent audit conducted by Municipal Administrative Services, Inc., that are due to the city from TU Electric, Lone Star Gas Company and Southwestern Bell Telephone Company. The motion carried. Updated Standing Committee Assignments (Agenda Item XI -A) Councilman Wolfe advised that he had no specific reports to make at this time for the Development Subcommittee. They had been meeting on a regular basis and covering a lot of information. Councilman Rex Womack advised the Council that the Finance/ Administra- tion Subcommittee had recently met and reviewed a policy for the use of city facilities, but had nothing to report on the policy at this time. Mayor Farmer pointed out that the two members of the Services Subcom- mittee were absent from the meeting and so there would be no report for that committee. This item was received as a matter of information. There was no action taken on this item. Collin County Public Officals Association (Agenda Item XI -B) Mayor Farmer pointed out that this was just a notice of their meeting, which was being held this evening. Mayor Farmer advised of the meeting held last month that he had attended and the presentation made by Sam Johnson on the upcoming legislative session. 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) Councilman Jim Wolfe extended congratulations on behalf of the city and the City Council to the Allen Eagle Escadrille for their winning first place in the State 4AAAA District UIL Competition. With no further discussion, Mayor Farmer adjourned the regular session of the Allen City Council at 8:10 p.m. in order to reconvene back into the workshop session to be followed by the Executive Session. The workshop session of the Allen City Council was called to order by Mayor Farmer at 8:15 p.m. on Thursday, November 17, 1988, in the Con- ference Room of the Allen Municipal Annex. Mayor Farmer returned to Agenda Item IV. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 17, 1988 Page 7 Proposed Donation to the Police Department (Agenda Item IV) Chief Carroll spoke before the Council on a donation that made been made by Dr. Anthony Vita to the Allen Police Department. The donation had been used exercise equipment with an estimated value by Dr. Vita of $10,000. Dr. Vita had provided $5,000 and with the other $5,000 to be raised in other private donations. This equipment was to be placed in the exercise room of the new police and courts building. There was considerable discussion by the Council with city staff on the donation of this equipment to the police department, if it was to be considered as a donation to the police association, police department, or the City of Allen. It was concluded after a lengthy discussion, that the donation would be considered as a donation to the City of Allen, with the City Manager and Chief of Police to pursue the raising of private donations to fund the remaining $5,000. Mayor Farmer then moved on to Agenda Item V under the workshop session. Items of Interest to the Council (Agenda Item V) There was further discussion by the Council on the question regarding the conducting of the survey during the comprehensive planning process and a consensus of the Council that the subcommittee proceed with the work on the update to the plan and the survey document. With no further discussion in the workshop session, the Allen City Council adjourned the workshop session at 10:14 p.m. on Thursday, November 17, 1988. Executive Session (Agenda Item XII) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2(g), the Allen City Council convened into Executive Session at 10:15 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas, in order to discuss matters pertaining to personnel. Those matters were related to Council employee work programs and the Parks and Recreation Director vacancy. The Executive Session was adjourned at 11:10 p.m. Reconvene to Adpurn (Agenda Item XIII) The Allen City Council reconvened into regular session at 11:12 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Edstrom, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Alien City Council at 11:12 p.m. The motion carried. These minutes approved on the 1st day of December , 1988. APPROVED: I / P / Jod Farmer, MAYOR ATTEST: Marty Hendrix, Cr, CITTY—SECRETAR