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Min - City Council - 1987 - 07/02 - RegularALLEN CITY COUNCIL REGULAR SESSION JULY 2, 1987 Present: Donald P. Rodenbaugh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Bobby Glass Jim Wolfe Jim Pendleton Jack Pennington Citv Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary At 7:00 p.m. on Thursday, July 2, 1987, the Allen City Council convened in order to have their annual Council photograph taken for the 1986 - 87 Council and the 1987 - 88 Council. The regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:36 p.m. on Thursday, July 2, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, 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 17, 1987 - Called - Special Workshop Session. B. Approval of City Council Minutes of June 18, 1987 - Regular Session. C. Approval of City Council Minutes of June 25, 1967 - Called - Special Workshop Session. D. Authorization to city staff to pay bills associated with the 1985 Capital Improve- ment Program as follows: 1. Harvey G. Moore, Architect $ 2,000.00 Project No. 40-001-3A Construction of Police and Courts Building - Architect- ural Advisory Services Period: 6/15/87 2. Architectural Utilities $ 55,147.50 Project No. 50-002-1 Construction of Ford Park Phase II - Application No. 6 Period: 6/30/87 3. Goodbrand Construction, Inc. $ 74,490.65 Project No. 90-001-1-A Construction of Stacy Road Pump Station - Estimate No. 10 Period: 5/25/87 - 6/25/87 ,w ALLEN CITY COUNCIL REGULAR SESSION JULY 2, 1987 CONSENT AGENDA Page 2 4. Graham Associates $ 1,430.00 Project No. 75-003-2 Construction of Jupiter Road - Engineering Services Related to Construction Staking for Paving and Construction Administration Period: Thru: 5/19/87 5. Graham Associates $ 9,030.18 Project No. 75-002-2 Construction of Main Street Phases II and III - Design of McDermott Drive Period: Thru: 5/19/87 6. Graham Associates $ 1,130.00 Project No. 75-002-2 Construction of Main Street Phases II and III - Surveying for Design of McDermott Drive Period: Thru: 5/19/87 7. Marriott Construction $ 62,427.00 Project No. 75-003-1 Construction of Jupiter Road - Estimate No. 6 Period: 5/26/87 - 6/25/87 8. Marriott Construction $ 2,536.50 Project No. 75-003-1 Construction of Jupiter Road Water Line - Estimate No. 6 Period: 5/26/87 - 6/25/87 The motion carried. End of The Consent Agenda Administer Oaths -of -Office to Reappointed Members of the Planning and Zoning Commission and the Library Board (Agenda Item III) The City Secretary Marty Hendrix administered the oaths -of - office to the following individuals reappointed to two-year terms of office on the Planning and Zoning Commission: Eileen Karlsruher - Place No. 4 Charles Lee - Place No. 6 The City Secretary also administered the oath -of -office to Gayle Boon, Place No. 1, on the Library Board, who was appointed by the Council for another two-year term of office. At this time, Mayor Rodenbaugh also presented to Councilman Bobby Glass, the newest Council Member, a City of Allen lapel pin which is similar to the tenure pins given to City of Allen employees. Request to Appear by Ed Lynge Representing the Allen Cemetery Association (Agenda Item IV) Ed Lynge, President of the Allen Cemetery Association, spoke before the Council on a request by the Cemetery Association to turn the cemetery property over to the city permanently for the city to operate and maintain. „z ALLEN CITY COUNCIL REGULAR SESSION JULY 2, 1987 Page 3 Request to Appear by Ed Lynge Representing the Allen Cemetery Association (cont'd) (Agenda Item IV) Mr. Lynge introduced to the Council a committee from the Allen Cemetery Association that had been selected to prepare the request. Those members were Mrs. Dale Holt, Mrs. Thelma Marion, Mr. L. C. Summers, Mrs. Elizabeth Anderson and Mrs. Betty Millhouse. Mr. Lynge advised the Council of the development of the cemetery site back in 1899 and of the formation of the Allen Cemetery Association and how it has been used and maintained over the past years. He provided information on the creation of the endowment fund, the collection of dues for the association, how the grave sites are arranged in lots, the problems with locating people who own some of the lots, obtaining funds for maintenance, and maintaining the property. Mr. Lynge reviewed the items to be considered in their request as follows: 1. That the City of Allen will immediately assume administration of the Cemetery Endowment Fund, the current balance of which is $17,225.00. The principal of the Endowment Fund will forever remain intact. The interest earned, however, may be used by the city for administration and maintenance of the cemetery grounds on a level equal to that accorded all other Allen city parks. 2. That the city will permit the Association to complete construction of the fence surrounding the cemetery. The east end is to be completed. The Association will utilize its fence fund, asking for private donations as necessary. 3. That the Association will accept guidance from the city regarding future sales of lots. That $200.00 of each sale is allotted to the Endowment Fund at present. 4. The City would permit individual lot owners to beautify and improve their lots in addition to the city maintenance. The city will allow the Association to maintain administration of the traditional Decoration Day. 5. That the above request be incorporated permanently into the City of Allen policy, whether by ordinance or special act of the City Council. Mrs. Dale Holt spoke before the Council on the work that she has been doing to get a historical marker for the cemetery and advised that she believes the cemetery will receive one in May of 1988. The Council discussed with Mr. Lynge and committee members present just how many members were in the Allen Cemetery Associa- tion at the present time and how many of the members were active participants. Mrs. Thelma Marion spoke before the Council on the problems that they have collecting donations and money to maintain the existing graves and to use for decorations on Decoration Day and the trouble with keeping the cemetery maintained. The Council discussed with Mr. Lynge how much of the total cemetery area is occupied and what lots are open to sell, what is meant by the word "guidance" in their request, and when the Allen Cemetery Association wanted the city to take over the requested responsibilities. ALLEN CITY COUNCIL REGULAR SESSION JULY 2, 1987 Page 4 Request to Appear by Ed Lynge Representing the Allen Cemetery Association (cont'd) (Agenda Item IV) There was considerable discussion by the Council on the city's position in this matter and that various areas would have to be researched by the city staff working with the city attorney. Areas of concern that were discussed were using tax money to maintain this private property and what the legal- ities are, what type of legal document should be prepared, could the city be given this property outright and how does the city sell the lots. In conclusion, it was pointed out that there were numerous areas that needed to be clarified in this matter by city staff and the city attorney before any action could be taken by the City Council. Mayor Rodenbaugh and the City Council directed the city staff to proceed with the research on this project and to work with Mr. Lynge and the committee members on any questions that arose during the research process. Review and Approve Specifications for Police and Courts Building and Authorize Solicitation of Bids (Agenda Item V) Richard Carroll, Chief of Police, spoke before the Council on the specifications prepared for the solicitation of bids for the construction of the new Police and Courts building. Chief Carroll stated that the specifications had been reviewed by the necessary individuals and agencies involved in this project. Chief Carroll provided a brief overview of specifications and stated that there were two add alternates which were (1) the installation of a watch change canopy on the rear of the building, and (2) to install fixtures, bars, doors and furnish- ings in two (2) male cells and one (1) female cell. There was also a deduct alternate which was to change from steel to alu- minum storefront windows. Chief Carroll pointed out that $2,050,000 in bonds had been approved for this project, with the following proposed budget: Engineering/Architects $ 174,000 Site Preparation 175,000 Construction 1,425,000 Landscaping 17,000 Equipment/Furniture 84,000 Contingencies 175,000 Total $ 2,050,000 The city staff recommended that the City Council approve the specifications and authorize the receipt of bids for this project. Chief Carroll introduced Denelle Wrightson, with Hidell Architects, and she spoke before the Council on the solicitation of bids, the bid opening date and time, the pre-bid conference with the potential bidders, and advised that the timing on this bid solicitation was very good as the market was very competitive and they expected a lot of bidders on this project. The Council also discussed with city staff if the plans and specifications had been reviewed by Harvey Moore, the consulting architect on this project, and what his comments had been and what his role in this project was now and in the future. "Ir ALLEN CITY COUNCIL REGULAR SESSION JULY 2, 1987 Page 5 Review and Approve Specifications for Police and Courts Building and Authorize Solicitation of Bids (cont'd) (Agenda Item V) Chief Carroll pointed out that considerable work had been done on the jail area and considerable review made by various individuals in order to include all needs for a jail facility. MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Wolfe, the Council voted 7 - 0 to approve the specifications and to authorize the receipt of bids for the new Police and Courts Building, in accordance with the recommendations of the city staff, as stated. The motion carried. Mayor Rodenbaugh recessed the meeting at 8:34 p.m. The meeting reconvened at 8:45 p.m. Ordinance No. 799-7-87; An Ordinance of the City of Allen, Collin County, Texas, Abandoning a Portion of a Sanitary Sewer Easement Located on a Tract of Land Situated in the G. W. Ford Survey, Abstract No. 328, Further Being Part of Cottonwood Bend North Phase Two, an Addition to the City of Allen, as Recorded in Cabinet F, Page 751, of the Deed Records of Collin County, Texas; Providing for Exhibits "A" and "B"; Providing for a Severability Clause; and Providing for an Effective Date. (Agenda Item VI) Tom Glab, City Engineer, spoke before the Council on the proposed ordinance which would abandon a portion of a sanitary sewer easement located in the Cottonwood Bend North Phase II Subdivision. Mr. Glab pointed out to the Council that the 21" sanitary sewer trunk line had been re-routed and the 30' wide existing sanitary sewer easement was no longer needed by the city. Mr. Glab stated that it was the city staff's recom- mendation that the proposed ordinance be adopted as presented. MOTION: Upon a motion made by Councilman Pendleton and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve and adopt Ordinance No. 799-7-87, as captioned previously. The motion carried. Approval of the 1987 - 88 Fiscal Year Budget Calendar (Agenda Item VII) City Manager Jon McCarty reviewed with the Council the proposed budget calendar and pointed out specifically the dates for the budget retreat, public hearing on the budget, public hearing on the tax rate, if needed, and the Council meeting to adopt the city's budget document. The Council briefly discussed the number of public hearings held on the budget, the public hearing to be held on the tax rate, if needed, and the dates for those hearings. MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Pennington, the Council voted 7 - 0 to approve the 1987 - 88 Fiscal Year budget calendar as presented. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION JULY 2, 1987 Page 6 Central Appraisal District Budget (Agenda Item VIII -A) City Manager Jon McCarty advised the Council that information had been provided to them on the Collin County Central Appraisal District 1988 Budget and from the information provided, it appeared that the city's estimated share of the budget was $34,541.00. This item was received as a matter of information. There �j was no action taken on this item. Filing of Contribution and Expenditure Statements for Officeholders (Agenda Item VIII -B) City Secretary Marty Hendrix advised the Council that the semi-annual statements of contributions and expenditures for officeholders were due in her office by 5:00 p.m. on July 15, 1987. She added that the period of time covered would include either since the last filing made on January 15, 1987 or for those in the election, since May 4, 1987. 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 VIII -C) Mayor Rodenbaugh advised the Council that recently Southwestern Bell Telephone Company had notified their customers that there was a need to change the area codes around the metro- plex area due to the increase in customers. He had received correspondence from the President of Southwestern Bell Telephone t Company which stated that the area code for the Allen area will l not be changed but will remain "214". City Council discussed with city staff the status of the city's request for EAS (Extended Area Service) and if the administrative law judge had made any findings in the case. City Manager Jon McCarty advised that the findings were due by the end of June but there still had been no word on them. The Council discussed how much this will delay the recommen- dation of the Public Utility Commission and even the vote by the telephone customers on the question of EAS in the city. The following group of individuals spoke before the Council on their concerns for the development of Fountain Park V Sub- division and their understanding that the property had been sold by Don Bass to Berkshire Homes, who in their opinion was a "tract home" builder. They expressed their concerns regarding the tract homes since their homes were custom homes; the fact that they feel the tract homes will devaluate their properties; what can the city do about this situation; why developers aren't restricted in the city to build and complete one subdivision before other subdivisions are started; why the city doesn't regulate who the developers are in the city; and other miscellaneous questions re- garding the enforcement of the deed restrictions for Fountain Park Subdivision, the location of the contruction trailer, the signs erected by Don Bass advertising custom homes, and questions on the city's proposed environmental ordinance. The individuals that spoke before the Council were: Joe Rush, 913 Spring Brook Drive Duane Schrodt, 721 Sycamore Creek Mike Davidson, 801 Sycamore Creek Sam Commisa, 906 Springbrook Drive J. R. Varnell, 808 Springbrook Drive The Council answered questions posed by the above individuals and had lengthy discussions on their concerns and the position of the city officials in this matter and their limitations in this matter. The statements made by the individuals were received as a matter of information. There was no action taken on their requests. ALLEN CITY COUNCIL REGULAR SESSION JULY 2, 1987 Adjournment Page 7 MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 10:51 p.m. on Thursday, July 2, 1987. The motion carried. These minutes approved on the 16th day of JULY 1987. APPROVED: ATTEST: Marty Hendrix, MC, CITY SECRETARY