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Min - City Council - 1987 - 10/15 - RegularALLEN CITY COUNCIL REGULAR SESSION OCTOBER 15, 1987 Present• Donald P. Rodenbauqh, Mayor Council Members: Joe Farmer, Mayor Pro Tem Jerry Wilson Bobby Glass Jim Wolfe Jim Pendleton Jack Pennington City Staff• Jon McCarty, City Manager Marty Hendrix, City Secretary With a quorum of the City Council present, the regular session of the Allen City Council was called to order by Mayor Rodenbaugh at 7:30 p.m. on Thursday, October 15, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item II) At the request of City Secretary Marty Hendrix, Consent Agenda Item IIA was removed from the Consent Agenda for to individual consideration. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Wilson, the Council voted 7 - 0 to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: B. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. SWA Group $ 50.00 Project No. 75-002-2 Main Street Design - Professional Services - Reimbursable Expenses $ 362.10 Period: August 1987 2. SWA Group $ 267.18 Project No. 50-003-2 Fountain Design Concepts - Professional Services - Reimbursable Expenses $ 106.32 Period: August 1987 3. Jim Streetly $ 300.00 Project No. 50-004-6 Malone Road Improvements - Paint Fence/Bill Beaty Period: 10/10/87 4. Hidell Architects $ 3,107.61 Project No. 55-001-3 Library Facilities - Architectural Services Period: September 1987 0a1 . ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 15, 1987 Page 2 CONSENT AGENDA (cont'd) (Agenda Item II) 5. Hydrostorage, Inc. $ 462,370.69 Project No. 90-002-1 Construction of 2MG Elevated Water Tower - Pay Estimate No. 2 Period: 8/20/87 - 9/20/87 6. Acquisition Assoc. $ 1,140.00 Project No. 75-002-5 Main Street, Phases 2 & 3 - Right -of -Way Acquisition Period: September 1987 7. Lectric Safety Lites $ 2,763.50 Project No. 75-001-6 Main Street Phase 1 - Striping/Buttons Period: September 1987 8. Marriott Construction $ 24,017.60 Project No. 75-003-1 City Street Projects - Construction - Estimate No. 9 Period: 8/26/87 - 9/25/87 9. SVA Concrete Company $ 12,014.65 Project No. 50-004-1 Construction of Story Play- ground Period: 10/10/87 C. Schedule of Taxes Receivable as of September 30, 1987 D. Ordinance No. 822-10-87: An Ordinance by the City Council, City of Allen, Collin County, Texas, Authorizing an Adjustment to the 1986, 1985, and 1984 Tax Rolls and Approving a Supplement to the 1986 Tax Roll. E. Approval of Specifications and Authorization to Solicit Bids for Replacement Vehicles for the Police Department. The motion carried. End of the Consent Agenda Approval of City Council Minutes (Consent Agenda of October 1, 1987 - Regular Session Item II -A) City Secretary Marty Hendrix advised the City Council that the minutes of the City Council meeting held on October 1, 1987 needed to be corrected on page 6 regarding the motion on the nomination of Don Higgins to the Appraisal District Board of Directors. A corrected page 6 was distributed to the City Council. Ms. Hendrix explained that this motion did not include the casting of the 110 votes to elect Mr. Higgins, as originally shown in the minutes. The motion was just to nominate Mr. Higgins to that Board at this time. Action to elect members to that board would follow later in the year. MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Wolfe, the Council voted 7 - 0 to approve the City Council Minutes of October 1, 1987, with the corrected page 6 to reflect just the nomination of Don Higgins to the Appraisal District Board of Directors. The motion carried. �Zc ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 15, 1987 Page 3 Public Hearing: Reschedule to November 5, 1987, a Request to Amend the Specific Use Permit at the Allen Bowl in Order to Move the Location of the Exist- ing Arcade Within the time Facility Location: 1011 South Greenville Requester: First Federal Savings (Agenda Item III) and Consideration of an Ordinance Amending the Specific Use Permit Mayor Rodenbaugh read the request into the record as follows: "Public Hearing: Reschedule to November 5, 1987, a Request to Amend the Specific Use Permit at the Allen Bowl in order to Move the Location of the Existing Arcade Within the Facility Located at 1011 South Greenville Avenue as Requested by First Federal Savings and Loan of Hutchison, Kansas and Consider an Ordinance Amending the Specific Use Permit." It was pointed out to the Council that the proponent had failed to post the appropriate zoning change request sign on the property in accordance with the requirements of the Zoning Ordinance, therefore, the public hearing needed to be rescheduled. The proponent had been notified of sign requirements and the need to reschedule the hearing. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, the Council voted 7 - 0 to approve the rescheduling of the public hearing on the request to amend the Specific Use Permit at the Allen Bowl. The motion carried. Consideration of Awarding Bids for Microcomputer Systems (Agenda Item IV) Michael Stanger, Administrative Assistant to the City Manager, spoke before the Council on the solicitation of bids, receipt of bids, the bid opening held on October 1, 1987, and the tabulation of the bid results. Mr. Stanger pointed out to the Council that the bids had been received in three parts. Part I was for the microcomputers, which included the key boards, monitors and the processing units. Part II consisted of the printers, and Part III consisted of an Apple MacIntosh IT micro- computer, Apple peripherals and software. Mr. Stanger referenced the bid tabulation sheet and advised that the apparent low bidder had appeared to be Seabrook Computers for Part I. He pointed out that in reviewing the bid results, it had been determined that this computer would not carry a 12 MHz processor, which was required in the specifi- cations. He also pointed out that the bid did not indicate what brand or model of computers that they were bidding. Mr. Stanger then advised that the second lowest bidder was Texas Microcomputers. Mr. Stanger advised that the city staff's recommendation was to award Part I of the bid to Texas Microcomputers in the amount of $15,923.00 for ten microcomputer systems. He advised of the capa- bilities of the computer, contacts made with the company as to warranty and service, and references from other entities on the quality of this computer. I v_ ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 15, 1987 Page 4 Consideration of Awarding Bids for Microcomputer Systems (cont'd) (Agenda Item IV) Mr. Stanger then spoke before the Council on Part II of the bidding processing, being the printers. Mr. Stanger pointed out to the Council that the specifications for the printers had been written broadly by intent to allow many printer technologies to be bid. Dot matrix, daisywheel and heat transfer printers were bid by the companies. Mr. Stanger went on to explain that during the bidding process, city staff had reviewed all of these tech- nologies and determined that a heat transfer technology would best suit the city's requirements and that the IBM Quietwriter was the most desirable and pointed out its advantages. Mr. Stanger advised the Council that the city staff's recommendation was to award Part II of the bid to Computerland in the amount of $7,716.00 for five letter - quality printers. Mr. Stanger presented to the Council the bid results on Part III of the bidding processing, being the Apple Macintosh II Graphics Microcomputer, the Apple Laserwriter Plus Printer and the Apple Applications Software. Mr. Stanger advised that Computerland and Radio Shack offered alternative brands, but in the city staff's opinion, they did not match the overall power, versatility, and ease-of-use provided by the Apple. Mr. Stanger advised the Council that the city staff's recommendation was to award Part III of the bid to Businessland in the amount of $9,935.00 for the Apple MacIntosh II Graphics Microcomputer, the Apple Laserwriter Plus Printer and the Apple Applications Software. At the City Manager's request, Mr. Stanger then reviewed the computer acquisition budget as follows: BID BUDGET Hardware Expenses $33,574.50 $39,800.00 Other Expenses Not Bid: Software 1,200.00 Supplies 500.00 Furniture 1,400.00 Hardware Anticipated Later: $ 6,500.00 (5) PC/AT's 7,960.00 (2) Dot Matrix Printers 500.00 $45,134.50 $46,300.00 The Council discussed with city staff item 13 shown on the bid tabulation sheet and what it represented; how long was the optional extended warranty, if purchased; who manufactures the Texas Microcomputer's product and where is their business location; the size of the company; who the references are; if the local business office was responsible for the maintenance on the equip- ment; if the bid included item 13 on the bid tabulation; why the line in the bid tabulation for item 16 "Demo Unit Test" was left (Moe blank; if any IBM hardware was bid in Part I; and how many units were included in the Part I bid. There was further discussion by the Council with city staff on the process for determining the appropriate printer for the city to purchase. It was pointed out that perhaps if the deter- mination had been made in the beginning to purchase the IBM Quiet - writer Printer, then the companies would have just bid that printer and the prices may have been less than those bid. City Manager Jon McCarty suggested to the Council that since the purchase of the printers would not fall under the state requirements of the bidding process, the Council could reject all of the bids for the printers �z� ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 15, 1987 Page 5 Consideration of Awarding Bids for Microcomputer Systems (cont'd) (Agenda Item IV) and city staff could simply get quotations on this particular printer and see if the price might be less than what was bid. The Council discussed further that the city staff check into the pricing of the IBM Quietwriter Printer to see if the price bid was appropriate or if the printers could be purchased at a lower price. The Council then discussed with city staff the difference between the Apple system and the Tandy system, and what staff person would be using this equipment. There was further discus- sion on the manufacturer's warranty on the units and if they were honored if the company selling the computers to the city goes bankrupt. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wolfe, the Council voted 7 - 0 to award the bid for Part I to Texas MicroComputer in the amount of $15,923.00 for ten microcomputer systems units, to award the bid to Computerland in the amount of $7,716.00 for five IBM Quietwriter Printers based on the city staff's research that this price represents the most advantageous price to the city; and to award the bid for Part III to Businessland in the amount of $9,935.50 for the Apple Macintosh II Microcomputer, the Apple Laser - writer Plus Printer and the Apple Applications Software, all in accordance with the city staff's recommendation, as stated. The motion carried. Ordinance No. 823-10-87: An Ordinance of the City of Allen, Collin County, Texas, Abandoning all Right, Title and Interest in and to a Portion of the Boyd Street Right -of -Way Situated in the City of Allen and Being a Survey of Part of Boyd Street (Balamo Street) as Shown on the Revised Map of Allen Recorded in Volume 6, Page 162, Collin County Deed Records, and Being Described by Metes and Bounds in Exhibit "A" Herein; Quitclaiming all Right, Title and Interest of the City in Such Right -of -Way to Abutting Pro- perty Owners to the Extent of the City of Allen's Interest; Authorizing the City Manager to Execute any Documents Deemed Necessary; and Providing an Effective Date. (Agenda Item V) Before discussion on this item, Mayor Rodenbaugh advised the Council that he had a conflict of interest in this agenda item and had completed the appropriate conflict of interest statement, filed it with the City Secretary, and would now turn the meeting over to Mayor Pro Tem Farmer. Mayor Rodenbaugh L stepped down from the Council bench. Bill Petty, Director of Community Development, spoke before the Council on the proposed ordinance that would abandon a portion of the Boyd Street right-of-way. Mr. Petty reiterated for the Council the approval by the Planning and Zoning Commission and the Council of the concept for abandonment of a portion of Boyd Street between Ash and Cedar on February 19, 1987. He pointed out that this was based upon a planning attempt to create a visible develop- ment site from Main Street via Birch Street with dedication of additional properties to create a turn -around for the right-of-way. a3 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 15, 1987 Ordinance No. 823-10-87 (cont'd) Mr. Petty then presented a site plan pointed out the area to be abandoned and of the ordinance. Mr. Petty advised that of the ordinance would not be until such and Zoning Commission approves the final of the right-of-way for Birch Street. (Agenda Item V) of the street and reviewed the contents the effective date time as the Planning plat for dedication Page 6 The Council discussed with city staff the number of individual property owners involved in this situation; if they are all aware of the redesign of the street and the abandonment of the right-of- way; and if the street would be designed so that a fire truck can turn around in this area. The Council also questioned what the disadvantages of doing this would be. At the Council's request, Mr. Petty reviewed how the street right-of-way exists at the present time and how it will be changed with the abandonment. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, the Council voted 6 - 0 to approve and adopt Ordinance No. 823-10-87, as captioned previously. The motion carried. Mayor Rodenbaugh returned to his place on the Council Bench. Authorization to Use Park Bond Funds for Reed Park Repair (Agenda Item VI) Mr. Thornton advised the Council that some of the problems have resulted from the poor design of the electrical system and the use of undersized wiring. Mr. Thornton explained to the Council that the work needed at Reed Park could be accomplished with the use of funds that were not used on the playground construction of Ford and Story playgrounds. He advised that the estimates for the repairs are as follows: Irrigation $1,000 Electrical 4,000 Miscellaneous 1,000 $6,000 Mr. Thornton advised that the city staff's recommendation was that the City Council authorize the expenditure for Reed Park repairs to be paid for from the 1985 Park Bond funds for Ford Park. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted 7 - 0 to authorize the expenditure of $6,000 for the repairs needed at Reed Park as outlined by city staff, which would be paid for from 1985 Park Bond funds for Ford Park, in accordance with the city staff's recom- mendation, as stated. The motion carried. At this time, City Manager Jon McCarty advised the City Council of a conversation that he had had with Dr. Davenport, the Superintendent of the Allen Independent School District, regarding the city's interest in a joint city/school district oversized gymnasium at the new Vaughn Elementary School. Mr. McCarty stated that the School's architect was in the process of completing the design drawings for the new school and if the city was interested in the oversized gymnasium project, then the school district would have the architect complete the drawings for that also. Due to the time factor, a decision was needed on z9 Mark Thornton, Director of Parks and Recreation, spoke before the Council on the maintenance problems that had been experienced at Reed Park over the last several years. Those problems ranged from the functioning of the irrigation system, the security lighting over the entire vandalism over the past four years. park, to damage done by Mr. Thornton advised the Council that some of the problems have resulted from the poor design of the electrical system and the use of undersized wiring. Mr. Thornton explained to the Council that the work needed at Reed Park could be accomplished with the use of funds that were not used on the playground construction of Ford and Story playgrounds. He advised that the estimates for the repairs are as follows: Irrigation $1,000 Electrical 4,000 Miscellaneous 1,000 $6,000 Mr. Thornton advised that the city staff's recommendation was that the City Council authorize the expenditure for Reed Park repairs to be paid for from the 1985 Park Bond funds for Ford Park. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pendleton, the Council voted 7 - 0 to authorize the expenditure of $6,000 for the repairs needed at Reed Park as outlined by city staff, which would be paid for from 1985 Park Bond funds for Ford Park, in accordance with the city staff's recom- mendation, as stated. The motion carried. At this time, City Manager Jon McCarty advised the City Council of a conversation that he had had with Dr. Davenport, the Superintendent of the Allen Independent School District, regarding the city's interest in a joint city/school district oversized gymnasium at the new Vaughn Elementary School. Mr. McCarty stated that the School's architect was in the process of completing the design drawings for the new school and if the city was interested in the oversized gymnasium project, then the school district would have the architect complete the drawings for that also. Due to the time factor, a decision was needed on z9 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 15, 1987 Page 7 Authorization to Use Park Bond Funds for Reed Park Repair (cont'd) (Agenda Item VI) this idea as soon as possible. City Manager McCarty requested input from the Council on this concept and if there were any concerns. Mr. McCarty went on to explain that he was not re- questing a total decision on the matter but an indication of whether the city would be willing to help pay for the architectural design drawings for the oversized gymnasium at this time. A decision of whether the city would be interested in participating in this project would be determined at a later date by action of the Council. Mr. McCarty advised that one of the considerations that the city would have to make would be perhaps the elimination of the full gym at the proposed recreation center if the city participated in the oversized gym at Vaughn Elementary School. There was considerable discussion by the Council on this concept, what costs would be involved in this project, how much time access the city would have to the gym with the school district, if the city should reduce the size of the gym at the recreation center, problems the city has at the present time on the use of gym facilities, and other concerns. It was the consensus of the Council that the city would support the completion of architectural design drawings of the oversized gym for use in making a determination on whether the city wants to participate in this project. The final deter- mination on the joint project would be after further study and review and by action of the Council. The Council also discussed with city staff the status of having all of the street lights on Main Street repaired and in full operating order. Mark Thornton, Director of Parks and Recreation, spoke before the Council on the damage to the lights, status of the parts being reordered, and the time frame as to when all of the lights will be in operation. The Council also discussed with Mr. Thornton the status of the appraisals being done on the Texan Rod and Gun Club. Mr. Thornton advised that the appraisals should be completed within the next couple of weeks. Acceptance of Letter of Resignation from Ed Uyttebroek, Place No. 6 on the Library Board (Agenda Item VIZ) Mayor Rodenbaugh advised the Council of the letter of resignation from Ed Uyttebroek, Place No. 6 on the Library Board. MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Wolfe, the Council voted 7 - 0 to accept with regret the letter of resignation from Ed Uyttebroek, Place No. 6, on the Library Board. The motion carried. County Bond Committee (Agenda Item VIII -A) City Manager Jon McCarty advised the Council that he had �r talked with Clarence Daugherty, Director of Public Works for Collin County and staff support to the County Bond Committee, regarding the initial meeting of the bond committee and if additional individuals could be appointed to the committee. Mr. McCarty stated that additional individuals can be appointed to the committee and that the initial meeting was just to break into sub- committees for the bond program. Councilman Wolfe submitted an individual's name to be included on the committee. This item was received as a matter of information. There was no action taken on this item. non ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 15, 1967 Page 8 Items of Interest to the Council (Agenda Item VIII -B) Mayor Rodenbaugh advised the Council of the "birthday party" to be held for the city's public library which was scheduled for Saturday, October 17, from 10:00 a.m. until 4:00 p.m. Mayor Rodenbaugh encouraged members of the Council to attend this function. City Manager Jon McCarty advised the Council that Councilman Jerry Wilson had been elected to the Board of Directors of the Allen Chamber of Commerce and advised of the progress of the city staff's work on the economic development program being developed for the city/school district/chamber. City Manager Jon McCarty advised the Council that the meeting date for the joint meeting of the City of Allen with the City of Plano had been changed from the month of October to November. The exact date had not been determined at this time, however, the dates of November 10 and November 18 had been suggested to the City of Plano. As soon as word has been received from the City of Plano, the Council would be notified. City Manager Jon McCarty reminded the Council of the dedication for the Wilson Wastewater Treatment Plant to be held on Friday, October 16, 1987, at 10:00 a.m., and encouraged members of the Council to attend. Mayor Pro Tem Joe Farmer advised the city staff that copies of the draft of the comprehensive zoning ordinance had been delivered to the Council and he had gotten another Council Member's copy and wondered if it would make any difference since he had already marked on his copy. He pointed out some areas in the proposed ordinance that he felt needed to be discussed and some thought given to per- haps changing. The first area was section 5 on page 119 stating, "Negative Recommendations; Written Protest - An amendment, supple- ment, or change shall not become effective except by favorable vote of three-fourths (3/4) of all members of the Council." Mayor Pro Tem Farmer wondered if "all members of the Council" meant the total seven. He also pointed out that 3/4 of 7 was equal to 5.25 members. He wondered if that section shouldn't be changed to state a specific number of the Council rather than that percentage and if that option was available to the Council. Mayor Pro Tem Farmer then questioned the contents of paragraph b, of section 5, on page 119 which states, "If written protest is filed by owners of 20 per cent of the area of land: (1) within the site of the proposed change, or (2) within 200 feet of all boundaries of the site." Mayor Pro Tem Farmer also brought up for discussion if the time for the Council Meetings could be changed from 7:30 p.m. to 6:30 p.m. when there is a change from day light savings time or was the time factor regulated by the city's charter. City Manager Jon McCarty advised Mayor Pro Tem Farmer and the Council that the three-fourths vote of the Council on written protests had come from state law and the three-fourths vote was 6 members of the Council. He advised that the city staff had I' checked into this before and it was the interpretation of the attorney that six members of the Council had to be present to be able to consider a protest and approve the request. The Council discussed the possibility of a vacancy on the Council or perhaps two vacancies and what would occur in this situation. It was sug- gested that city staff check and see if the wording "seated members of the Council" could be added to the section, thus changing the amount of the percentage needed for approval. City Manager Jon McCarty also advised Mayor Pro Tem Farmer that the paragraph b, of section 5, was also a section that was taken from state law and technically one person could file a written protest to the city. d41 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 15, 1987 Page 9 Items of Interest to the Council (cont'd) (Agenda Item VIII -B) City Manager McCarty then advised the Council and Mayor Pro Tem Farmer that the dates of the Council meetings had been established by the city's charter, however, the time was just a matter of tradition and could be changed if the Council so desired. Mayor Pro Tem Farmer spoke in favor of changing the time to 6:30 p.m., however, other Council members did not indicate a desire to change the time. Mayor Rodenbaugh pointed out to the Council the need to review the draft of the proposed new zoning ordinance and to bring forth any areas that need to be looked at such as Mayor Pro Tem Farmer had done. Mayor Rodenbaugh requested that the city staff check into the areas brought up by Mayor Pro Tem Farmer to see if there was any possibility of changing them. Mayor Rodenbaugh asked the Council if there were any comments or questions on the letter submitted to the Mayor from the Malachi Corporation regarding the recent award of the construction contract for the police and courts building. There were no comments or questions. City Secretary Marty Hendrix advised the Council of the upcoming meeting of the Collin County Public Officials to be held on Thursday, October 29, at the Holiday Inn in McKinney and encouraged members of the Council to attend. Ms. Hendrix advised that the speaker was James Muns, a member of the Texas Turnpike Authority, and he would be talking about the completion of the Dallas North Tollway. Mayor Rodenbaugh advised the Council that he had heard that the tollway was now finished to Frankfort Road in Plano. Mayor Rodenbaugh pointed out that at the CCPOA meeting it might be a good idea to bring up the subject of Amendment 5 which would be on the November ballot. This amend- ment would allow the Turnpike Authority to work with certain entities of a specific population to develop roadways. City Manager Jon McCarty advised the Council of conversations he had with a representative from the Authority regarding roadway con- struction and the need for the amendment passage. Adjournment MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Wilson, the Council voted 7 - 0 to adjourn the regular session of the Allen City Council at 9:23 p.m. on Thursday, October 15, 1987. The motion carried. 1987. These minutes approved on the 5th APPROVED: day of NOVEMBER ,1(ATTvT^E\ST::' Marty Hendrix, 514C, CITY SECRETARY a4.A.