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HomeMy WebLinkAboutMin - City Council - 1990 - 04/05 - RegularALLEN CITY COUNCIL REGULAR MEETING APRIL 5, 1990 Present: Joe Farmer, Mayor Council Members: Rex Womack (Arrived 6:52 p.m.) Jerry Wilson, Mayor Pro Tem Bobby Glass Jim Wolfe Alan Fyke Gary Edstrom City Staff: Jon McCarty, City Manager Judy Morrison, 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 6:47 p.m. on Thursday, April 5, 1990, 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. Discussion was held regarding Item G, Authorize Solicitation of Bids for a Replacement Vehicle for the Public Works Department. Questions were raised regarding the new meter replacement program and how the electronic meter reading device will affect the number of meter readers and the number of vehicles needed for that particular department. Money is available for this item through the capital outlay and vehicle maintenance funds. There was no further discussion on this item. Mayor Farmer reviewed Agenda Item VI, Public Hearing on a Request to Change Zoning from Planned Development No. 30 to Light Industry for Lot 1, Block A of the Texet Addition, 1022 and 1024 South Greenville Avenue, as Requested by Citizens Against Crime, Inc., and Consider an Ordinance Effecting this Change. This property is located at the Texet site. The current structure would be protected as nonconform- ing. Restaurant use would no longer be allowed; however, a restaurant/ private club could be allowed under an SUP. There was no further discussion on this item. 0 Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer reviewed Agenda Item VII, Consider Items Related to a Radio Communication System. The timing of the contract for radio communications and the authorization for solicitation of bids for radio equipment is very important. The number of equipment sets were discussed as well as the possible vendors. Several bid specifications will be sent out; however, only one vendor will actually be able to meet all specifications. Council is being asked to authorize staff and Services Subcommittee to complete the bid solicitation process including authorization for equipment contract which is not the usual procedure for items going to bid. Discussion was held regarding the wording in paragraph two of the proposed contract giving the City of McKinney "sole discretion" to determine whether a violation has been committed and after a correction has been made that it is corrected "to the satisfaction" of the City of McKinney. The city attorneys of the two entities are to review this wording to the satisfaction of both entities. If the FCC has certain requirements and regulations with regard to this particular wording, the City of Allen will concede accordingly. There was no further discussion on this item. No other items were discussed during the Workshop Session. Council Committee Reports: Finance/Administration (Agenda Item III -A) This agenda item was passed over. There was no discussion on this agenda item. Council Committee Reports: Development (Agenda Item III -B) This agenda item was passed over. There was no discussion on this agenda item. Council Committee Reports: Services (Agenda Item III -C) This agenda item was passed over. There was no discussion on this agenda. Items of Interest to the Council (Agenda Item IV) This agenda item was passed over. There was no discussion on this agenda item. With no further discussion, the workshop session of the Allen City Council was adjourned at 7:36 p.m. on Thursday, April 5, 1990. 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 7:40 p.m. on Thursday, April 5, 1990, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. A E ALLEN CITY COUNCIL REGULAR SESSION APRIL 5, 1990 PAGE 3 CONSENT AGENDA (Agenda Item V) MOTION: Upon a motion made by Councilman Fyke 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 March 15, 1990 - Regular Meeting. B. Approval of City Council and City Boards Minutes of March 19, 1990 - Special Called Joint Meeting. C. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Petco Utilities, Inc. $4,622.26 For: High Point Estates Sewer 1985 Water & Sewer Bond Funds Period: March 1 - 31, 1990 2. H & S Utilities, Inc. $11,137.58 For: Lucas 2M Ground Reservoir Painting 1985 Water & Sewer Bond Funds Period: Feb. 26 - March 25, 1990 3. Roadrunner Traffic Supply $33.75 For: Main Street Phases II & III 1985 Street Bond Funds Period: Thru March 9, 1990 4. Sherwin Williams $20.38 For: Main Street Phases II & III 1985 Street Bond Funds Period: Thru Feb.2, 1990 5. The SWA Group $1,357.82 For: Main Street Phases II & III (Landscape Design). 1985 Street Bond Funds Period: Thru January, 1990 6. Black & Veatch $118.00 For: Water System Telemetry 1985 Water & Sewer Bond Funds Period: Thru Jan. 19, 1990 7. Graham Associates, Inc. $1,562.50 For: Main Street Phases II & III 1985 Street Bond Funds Period: Thru March 20, 1990 ALLEN CITY COUNCIL REGULAR SESSION APRIL 5, 1990 CONSENT AGENDA PAGE 4 (Agenda Item V) 8. Graham Associates, Inc. $15,311.00 For: FM2170 East (Engineering Design) 1985 Street Bond Funds Period: Thru Mar. 20, 1990. 9. M & M Lighting $6,650.00 For: Main Street Phases I1 & III 1985 Street Bond Funds Period: Thru Mar. 29, 1990 10. B. I. Interiors $2,000.00 For: New Library Building. 1985 Library Bond Funds Period: Thru March, 1990 11. Lloyd, Gosseling, Ryan & Fowler, P. C. $145.30 For: Professional Services Special Use Facility. 1985 Park Bond Funds Period: Thru Feb. 28, 1990 12. Corwin Engineering, Inc. $1,000.00 For: High Point Sewer Estates. 1985 Water/Sewer Bond Funds Period: March - April, 1990 D. Set May 3, 1990 as the Public Hearing Date on a Request to Amend Planned Development Shopping Center No. 5 by Amending the Existing Site Plan and Expand the Specific Use Permit for a Plant Nursery, as Requested by Joe Barton King E. Set May 3, 1990 as the Public Hearing Date on a Request to Amend Planned Development Shopping Center No. 4 by Approving a Site Plan with Specific Use Permit for an Auto Laundry, as Requested by Joe Barton King. F. Resolution No. 976-4-90(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Adopting the Standard Specifications Public Works Construction - North Central Texas, Published by North Central Texas Council of Governments as the Public Works Construction Specifications for the City. G. Authorize Solicitation of Bids for a Replacement Vehicle for the Public Works Department. H. Approve Specifications for a Heart Monitor and Defibrillator and Authorize Staff to Solicit Bids. ALLEN CITY COUNCIL REGULAR SESSION APRIL 5, 1990 CONSENT AGENDA PAGE 5 (Agenda Item V) I. Approve Specifications and Authorize Staff to Solicit Bids for Contracting Turf Maintenance of City Properties. J. Confirm a Variance Granted by the Sign Control Board for an Off - Site Sign to Allentown Office Park. K. Authorize the Mayor to Execute an Agreement with the North Texas Municipal Water District for a Wastewater Pretreatment Program. L. Schedule of Taxes Receivable as of February 28, 1990. Public Hearing and Ordinance No. 977-4-90 (Agenda Item VI) Public Hearing: Public Hearing on a Request to Change Zoning from Planned Development No. 30 to Light Industry for Lot 1, Block A of the Texet Addition, 1022 and 1024 S. Greenville Avenue, as Requested by Citizens Against Crime, Inc., and Consider an Ordinance Effecting this Change. and Ordinance No. 977-4-90: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as Heretofore Amended, so as to Change the Current Zoning for Planned Development No. 30 to Light Industrial on the Following Described Tract of Lane: Lot 1, Block A of the Texet Addition, Recorded in Cabinet C, Slot 582 of the Map Records of Collin County, Texas, and Being Further Described as Located at 1022 and 1024 S. Greenville, Allen, Texas; Providing for a Penalty of Fine Not to Exceed the Sum of One Thousand Dollars (;1,000.00) for Bach Offense; Providing for a Severability Clause; and Providing for an Effective Date. ALLEN CITY COUNCIL REGULAR SESSION APRIL 5, 1990 PAGE 6 Public Hearing and Ordinance No. 977-4-90 (Agenda Item VI) Mayor Farmer read the request into the record as follows: "Consider a Request to Change Zoning from Planned Development No. 30 to Light Industry for Lot 1, Block A of the Texet Addition, 1022 and 1024 South Greenville Avenue, as Requested by Citizens Against Crime, Inc., and Consider an Ordinance Effecting this Change." Bill Petty, Director of Community Development briefly discussed this request. When Texet originally platted their Light Industrial property, it was platted into several lots, including Lot 1. After Texet's operation began on Lot 2, they requested that Lot 1 be rezoned to Planned Development, which would include the construction of two buildings. At this time, LI zoning is in conformance with the City's Comprehensive Land Use Plan. The current allowable use of office is allowable under LI zoning and a restaurant/ private club is allowed under an SUP. The following are findings of the Planning and Zoning Commission: 1. The area is surrounded on three sides by Light Industrial zoning. 2. The property was originally zoned Light Industrial. 3. The Comprehensive Plan shows this property to be used for Light Industrial use. 4. The 50 -foot variance to the front yard parking setback would be protected as nonconforming. All other requirements for LI districts are met. 5. The Light Industrial designation would return more flexibility to this area than the PD that exists. 6. Although a restaurant would not be allowed under LI zoning, a restaurant/private club would still be allowed, but only by a SUP. Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. With no one speaking either for or against the request, Mayor Farmer closed the public hearing. Mr. Jerry Aris, representing the firm Citizens Against Crime, Inc., expressed his appreciation to work with the City of Allen in this venture. He discussed the history of his company and the programs it supports along with funding for its expansion. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Glass, the Council voted seven (7) for and none (0) opposed to approve Ordinance No. 977-4-90 as previously captioned as recommended by the Planning and Zoning Commission, which would change the existing zoning classification of PD Planned Development No. 30 to LI Light Industrial. The motion carried. ALLEN CITY COUNCIL �! REGULAR SESSION ® APRIL 5, 1990 PAGE 7 P Authorize Execution of a Radio Leese Space Contract (Agenda Item VII -A) Richard Carroll, Chief of Police, discussed the radio system license agreement to lease a portion of the City of McKinney's 800 MHz radio system for use by the City of Allen departments. Prior discussion was held regarding the use of discretionary language in the contract. MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Fyke, the Council voted seven (7) for and none (0) opposed according to Services Committee and staff recommendation, that the attached contract be approved with the understanding the City Manager meet with City legal counsel and with that of McKinney legal counsel to clarify paragraph number two to the City's best interest, to remove the discretionary language in that paragraph, if at all possible. The motion carried. Approve Specification, Authorize Solici- tation of Bids and Authorize Award of Contract to Purchase Radio Equipment (Agenda Item VII -B) Richard Carroll, Cbief of Police, indicated the importance, both fiscally and operationally, to coordinate the arrival of the new equipment to coincide with the arrival of the new vehicles. This would avoid additional cost and inconvenience of installing old equipment within weeks of the arrival of the new radios. The total cost of the project is set at approximately $180,000 which has been previously set aside in bond funds. The equipment will not only be an upgrade from what has been used in the past, but it will also be most suited to each vehicular need. If there is an unacceptable remedy for the contract previously discussed, the Services Committee would not proceed with this award of bid. MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Fyke, the Council voted seven (7) for and none (0) opposed according to the Services Committee and Staff recommendation, that the attached specifications be approved for radio equipment, staff be authorized to solicit bids, and staff and the Services Committee be authorized to review the proposals and award a contract for the best bid in an amount not to exceed $180,000 for City of Allen radio equipment. The motion carried. Consider an Expenditure from Street Bond Funds to Repair the Bethany Read Storm Sewer (Agenda Item VIII) Dave Whitehead, Director of Public Words discussed the process to improve the Bethany Road storm sewer between Jupiter Road and Hillside. The joints will be repaired to avoid further failure of the road in the following manner. Provide "Ram -neck" into every joint from inside the pipe. Excavate in the worst locations (15) from above and grout the outside of the joint. ALLEN CITY COUNCIL REGULAR SESSION APRIL 5, 1990 PAGE 8 Consider an Expenditure from Street Bond Funds to Repair the Bethany Road Storm Sewer (Agenda Item VIII) Remove the failed section of pavement and replace with new pavement. Items No. 1 and 2 can be completed by City equipment and manpower and will be completed for approximately $22,000. The cost of paving the failed area will be approximately $35,000 and should be contracted out after all settling is completed. The money for the drainage repair will be allocated from the Asphalt Overlay bond funds and work will begin as soon as possible. Money for the street repair will be prioritized with other projects and the street will be temporarily patched until all settlement of sub -base is completed. This item was received as a matter of information. There was no action taken on this item. Consider a Schedule of Fees to Cbarge for Summer Recreation Programa (Agenda Item IX) Discussion was held related to the process for setting the fees and the Council role in this process. The City Attorney will be consulted as to the setting of fees by ordinance and should that procedure be necessary a consent agenda item can be brought forth at a future date. MOTION: Upon a motion made by Councilman Edstrom and seconded by Councilman Wolfe, the Council voted six (6) for and none (1) opposed, with Councilman Fyke casting the negative vote, to approve the fee schedule for summer programs as presented, according to staff and the Park Board recom- mendation, but Council, next year, will consider a policy for establishing fees for Parks and Recreation programs. The motion carried. Consider Capital Improvements Projects for Fiscal Year 1989-90 Using Remaining Bond Funds (Agenda Item X) There was no action taken on this item. Calendar (Agenda Item XI -A) The date for the Quarterly Subcommittee Meeting was discussed. The City Manager is to formally invite the new Councilmember to this meeting. Ed Voss, Parks and Recreation Program Coordinator, discussed the fee structure for summer programs offered through the Parks and Recreation Department. The fees attached are being recommended by the Park Board as an attempt to "close the gap" between the cost to operate the program compared to revenues generated by the program. Discussion was held related to the process for setting the fees and the Council role in this process. The City Attorney will be consulted as to the setting of fees by ordinance and should that procedure be necessary a consent agenda item can be brought forth at a future date. MOTION: Upon a motion made by Councilman Edstrom and seconded by Councilman Wolfe, the Council voted six (6) for and none (1) opposed, with Councilman Fyke casting the negative vote, to approve the fee schedule for summer programs as presented, according to staff and the Park Board recom- mendation, but Council, next year, will consider a policy for establishing fees for Parks and Recreation programs. The motion carried. Consider Capital Improvements Projects for Fiscal Year 1989-90 Using Remaining Bond Funds (Agenda Item X) There was no action taken on this item. Calendar (Agenda Item XI -A) The date for the Quarterly Subcommittee Meeting was discussed. The City Manager is to formally invite the new Councilmember to this meeting. ALLEN CITY COUNCIL REGULAR SESSION APRIL 5, 1990 PAGE 9 Meet the Candidates Luncheon (Agenda Item XI -B) The Allen Chamber of Commerce is sponsoring a "Meet the Candidate" lunch at their General Meeting to be held Tuesday, April 17, 12:00 noon at Christ the Servant Lutheran Church. MDA Bike Tour (Agenda Item XI -C) The MDA Bike Tour has been cancelled. Staff is looking at some event that may coincide with the Country Fair to be held in September. Subcommittee Reports (Agenda Item XI -D) • Finance/Administration A joint tax committee meeting was held and several items of interest were discussed. Tax receipts are to be deposited daily. Rather than using a hand and a computerized system, only a computerized system will be used in the future to insure speed of deposits. A single tax statement will include both City and School taxes. Tax statements are to be mailed October 1. • Development 37% of the surveys have been returned at this date. The overlay of SH 5 is being pursued with the State Highway Department and the City Manager's office. Several options are being considered at this time. If there is any way the Council may aid the effectiveness of the City Manager's request to the Highway Department, they would like to do so. • Services A meeting will be held Tuesday, April 10 at 7:00 p.m. to discuss the HCA contract. Solid waste disposal will be another topic for discussion at that time. Items of Interest to Council (Agenda Item XI -E) The Trash Off was a success this past weekend due to the efforts of several groups and individuals in the area. The City Manager complimented the Parks Department who assisted citizens unload their trash at the dumpsters which were made available for large and bulky items. Bill Petty, Director of Community Development, distributed a design to be constructed as the entryway for Allen on McDermott. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL REGULAR SESSION L111 APRIL 5, 1990 Items of Interest to Council PAGE 10 (Agenda Item XI -E) Mr. Petty also distributed information regarding the temporary closing of Main Street between Butler and Austin for the 1990 Country Fair and Community Outreach Summerfest as requested by the Main Street merchants. The following guidelines are to be followed: 1. Liability insurance must be provided to protect the City. 2. Written consent from 100% of all merchants located in this block to be obtained. 3. Booths with electrical would be limited to two booths at each street light location where a receptacle is located, thus eliminating any and all extension cords lying across walkways or pedestrian paths. 4. Although booths would be allowed across the alley intersections on both the north and south side of Main Street, the alleys themselves must remain clear and unobstructed for emergency access. Council interjected caution with regard to booths and vendors so they were represents - live of what the City could endorse. Mr. Petty also distributed for information only, single family permit information. Adjourn (Agenda Item XII) MOTION: Upon a motion made by Councilman Fyke and seconded by Mayor Pro Tem Wilson, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:37 p.m., on Thursday, April 5, 1990. The motion carried. These minutes approved on the 19th day of April, 1990. APPROVED: b.n Jd, Wilson, MAYOR PRO TEM ATTEST: Ju Morrison, CITY Skgigr