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Min - City Council - 1988 - 04/07 - RegularFA 04 ADEINY WLKe7IRfiTO1 REGULAR SESSION APRIL 7, 1988 Present: Joe Farmer, Mayor Council Members: Rex Womack Jerry Wilson, Mayor Pro Tem Bobby Glass Jim Wolfe Jim Pendleton Jack Pennington 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 6:48 p.m., on Thursday, April 7, 1988, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Other city staff in attendance was Mark Thornton, Director of Parks and Recreation. Discussion of Consent Agenda Regular Agenda Items (Agenda Item II) Mayor Farmer advised the Council that this was the first of the proposed workshop sessions that will be held prior to the regular Council meeting for the purpose of reviewing the upcoming agenda. Mayor Farmer advised the Council that he had reviewed the agenda and had noted by each agenda item how much time he felt they would take and advised the Council of his estimates. Mayor Farmer began the review with the Consent Agenda. There was no discussion needed on this item. Mayor Farmer moved on to Agenda Item V, the public hearing on a request to amend the zoning of "PD -SC", Planned Development - Shopping Center No. 5. There was no discussion on this item. Mayor Farmer opened the floor for discussion on Agenda Item VI, which was the ordinance providing for the City of Allen to assume trusteeship for the Allen Cemetery. Councilman Wolfe noted that he would like to acknow- ledge during the meeting that the city is taking over the cemetery at the request of the Allen Cemetery Association. The Council discussed further that since the cemetery will be see from Main Street after the construction of Phases II and III, the city needs to work to improve the looks of the front entrance. Mark Thornton, Director of Parks and Recreation, advised the Council that the Alien Cemetery Association had advised him that they were going to use their beautification fund to improve the entrance gate to the cemetery. There was also discussion by the Council with city staff on the portion of the ordinance that referred to the special account that will be established for this facility. Mayor Farmer pointed out to the staff that all revenue sources should noted in the ordinance under the section that refer- ences revenue sources, i.e., gifts, grants, and donations. There was further discussion on the endowment fund and whether or not it can be used as a funding source. City staff advised that the endowment fund cannot be used, only the interest from the fund. ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 Page 2 Discussion of Consent Agenda Regular Agenda Items (cont'd) (Agenda Item II) Mayor Farmer opened the floor for discussion on Agenda Item VII, re- garding the ordinance containing rate increases for sanitation services as proposed by BFI Waste Systems. Councilman Jack Pennington, Chairman of the Solid Waste Subcommittee, advised that he would be making a recommen- dation of the committee at the Council meeting. Mayor Farmer opened the floor for discussion on Agenda Items VIII -A, VIII -B, VIII -C, and Agenda Item IX. There were no comments to be made by the Council on those items at this time. Mayor Farmer opened the floor for discussion on Agenda Items X -A and B, regarding the vacancy on the Planning and Zoning Commission and the Parks and Recreation Board. Mayor Farmer advised the Council that these two agenda items were to accept resignations in Place No. 1 on the Planning and Zoning Commission and Place No. 5 on the Parks and Recreation Board and to direct the city staff as to when the appointments should be filled. There was discussion by the Council on the upcoming appointments to be made to the Planning and Zoning Commission and the Library Board during the month of May and that these appointments could be delayed until that appointment process. Mayor Farmer opened the floor for discussion on Agenda Item XI, regarding the response to the Examiner's Report on Allen's Telephone Extended Area Service Request. Councilman Jim Wolfe advised the Council that as Chairman of the Telephone Subcommittee, he would be making a report to the Council on the status of the city's position in the EAS case. Mayor Farmer moved on to items listed under Agenda Item XII. The first item was the meeting with the North Texas Commission. Mayor Farmer asked which members of the Council would be able to attend this meeting and asked that reservations be made by the City Secretary. Councilman Pendleton advised he had obtained directions to their offices and would provide the City Secretary with the directions so which she could send them to the Council Members. Councilman Jim Wolfe and City Manager McCarty advised that they both had vans, if the Council wanted to car pool over to the North Texas Commission's office. Council Member Jerry Wilson advised that he would not be able to attend. The Council moved on to the next item, being the calendar. City Manager Jon McCarty advised the Council that he would be advising the Council of important upcoming dates for Council meetings and other activities. The city staff advised that the next item concerning the County Open Space Recommendation would be handout materials from the Collin County Bond Committee on their bond prepositions for the upcoming bond election. Mayor Farmer moved onto the next item which was listed as Administra- tive Report. City Manager Jon McCarty advised the Council that this was a report from the Finance Director, Charlotte Smith, regarding the status of the purchasing study conducted by Charles Binford. Mayor Farmer advised the Council that the next item, "Comanche Peak Nuclear Plant Visit" had been placed on the agenda due to a letter from Richard Saunders, Senior Customer Service Representative of Texas Utility Electric, inviting the Mayor and City Council to take a tour of the Comanche Peak Nuclear Plant. The Council discussed their interest in taking a tour and that they would like to consider it the latter part of the summer or the first part of the fall. It was concluded in the discussion that the City Manager would respond to Mr. Saunder's letter and advise him of the Council's interest to tour the facility at some future date. Mayor Farmer asked the City Manager what items he might have under the next agenda item, "Items of Interest to the Council". City Manager ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 Page 3 Discussion of Consent Agenda Regular Agenda Items (cont'd) (Agenda Item II) McCarty advised the Council that one item consisted of if the Council should consider or would consider establishing a policy on naming a city building or portions of the building in honor of someone who had made a substantial donation to the city. There was discussion by the Council on if the city had any policy in place on this type of request, and that the city staff should research this item and make a recommendation to the Council. City Manager McCarty advised the Council also that there exists a situation on Hawthorne where they are doing the asphalt overlay program and discovered that a portion of that street will need construction work done on the sub -base before the asphalt can be placed on the street. City staff will be presenting this to the Council as a matter of information, with approval of the additional funds for this work to be placed before the Council for action at their meeting to be held on April 21, 1988. Items of Interest to the Council (Agenda Item III) There were no items of interest to discuss at this time. The workshop session was recessed into the regular session at 7:28 p.m. 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, April 7, 1988, in the Council Chambers of the Allen Municipal t" Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Wolfe, 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 17, 1988 - Regular Session. B. Approval of City Council Minutes of March 25 & 26, 1988 - Called - Special Planning & Workshop Session. C. Approval of City Council Minutes of March 29, 1988 - Called - Special Session. D. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Black & Veatch $409.04 CIP Project No. 90-002-2 Construction of 2MG Elevated Water Tower - Engineering Services Period: Thru February 1988 2. Hidell Architects $3,782.51 CIP Project No. 55-001-3 Construction of Library Building - Architectural Services Period: Thru February 29, 1988 ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 CONSENT AGENDA (cont'd) Page 4 (Agenda Item IV) $4,162.45 $402.00 $22,737.20 $875.00 $27.00 $14.40 $18,574.40 $7,500.00 $28,877.32 3. Hidell Architects CIP Project No. 40-001-1 Construction of Police and Courts Building - Architectural Services Period: Thru February 29, 1988 4. Professional Service Industries CIP Project No. 40-001-1 Construction of Police and Courts Building - Construction Testing and Inspection Period: Thru February 29, 1988 5. Malachi Corporation CIP Project No. 60-002-1 Renovation to Central Fire Station - Change Orders - Application No. 8 Period: Thru October 1987 6. Scott Rice of Texas CIP Project No. 60-002-6 Renovation to Central Fire Station - Conference Table Period: Thru March 30, 1988 7. The Allen American CIP Project No. 70-001-08 Legal Notice to Bidders - Asphalt Streets Rescarification Program Period: Thru February 29, 1988 8. The Allen American CIP Project No. 50-004-2 Legal Notice to Bidders - Story Park Phase II Construction Period: Thru February 29, 1988 9. SVA Concrete CIP Project No. 50-004-2 Construction of Story Park - Phase II - Site and Irrigation Work Payment No. 1 Period: Thru February 29, 1988 10. Black & Veatch Engineers CIP Project No. 40-001-2/ 55-001-1 Municipal Complex Infrastructure - Design/Engineering for Allen Drive and Bonham Drive Period: Thru February, 1988 11. Southern Mechanical Plumbing, Inc. CIP Project No. 90-005-1 Construction Main Street Phases II & III - Relocation of Utilities Estimate No. 4 Period: 2/26/88 to 3/25/88 Page 4 (Agenda Item IV) $4,162.45 $402.00 $22,737.20 $875.00 $27.00 $14.40 $18,574.40 $7,500.00 $28,877.32 ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 Page 5 CONSENT AGENDA (cont'd) (Agenda Item IV) E. Ordinance No. 846-4-88: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately 21.6106 Acres Located in the Francis Dosser Survey, Abstract No. 280, and the George Phillips Survey, Abstract No. 701, Collin County, Texas, and Extending the Boundary Limits of the City so as to Include Said Hereinafter -Described Property Within the City Limits and Granting to All Inhabitants and Owners of Said Property All of the Rights and Privileges of Other Citizens and Binding All Inhabitants by All the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a Severability Clause; and Providing for the Effective Date of Said Ordinance. The motion carried. End of Consent Agenda Public Hearing: Request to Amend the Zoning of Planned Development - Shopping Center No. 5 to Include a Specific Use Permit for an Automotive Lube and OH Change Facility with Site Plan Approval Location: North of F.M. 2170, Approximately 635 Feet West of Fountain Park Drive Requester: G ✓E M Investments (Agenda Item V) and Ordinance No. 847-4-88: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance 829-11-87 of the City of Allen as Heretofore Amended an as to Attach a Specific Use Permit for an Automotive Lube and OH Change Facility, Providing for a Master Development Plan and Site Plan, Providing for Conditions, for Property Presently Delineated on the Official Zoning Map as "PD -SC No. 5" Planned Development - Shopping Center No. 5; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. Mayor Farmer read the request into the record as follows: "Public Hearing on a Request to Amend the Zoning of "PD -SC" Planned Development - Shopping Center No. 5 to Include a Specific Use Permit for an Automotive Lube and Oil Change Facility with Site Plan Approval on Property Located North of F.M. 2170 Approximately 635 Feet West of Fountain Park Drive and Consider an Ordinance Amending "PD -SC No. 5" to Include Specific Use Permit and to Attach the Site Plan." Mike Mitchell, representing G & W Investments, spoke before the Council on the request for a specific use permit for the automotive lube and oil change facility. ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 Page 6 Public Rearin¢: Request to Amend the Zoning of Planned Development - Shopping Center No. 5 to Include a Specific Use Permit for an Automotive Lube and Oil Change Facility with Site Plan Approval Location: North of F.M. 2170, Approximately 635 Feet West of Fountain Park Drive Requestor: G & M Investments (cont'd) (Agenda Item V) and Ordinance No. 847-4-88 (cont'd) Mayor Farmer read the recommendations of the Planning and Zoning Commission as follows and asked Mr. Mitchell if he was aware of the stipulations: The Planning and Zoning Commission, at their regular meeting held on February 25, 1988, recommended to the City Council approval of the request for a specific use permit and site plan approval with the following stipula- tions: 1. At the time of development, the plan shall meet engineering requirements of the city; specifically, the addition of the required fire hydrant; 2. When the car wash is relocated, one curb cut will be elimin- ated; the specific one to be decided at the city's option at the time of site plan approval. Mayor Farmer opened the public hearing. No one appeared to speak either for or against the request. Mayor Farmer closed the public hearing. 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 request as presented for a specific use permit with site plan approval for an automotive lube and oil change facility in accordance with the recommendations of the Planning and Zoning Commission, as stated; and to adopt Ordinance No. 847-4-88, as captioned previously. The motion carried. Ordinance No. 848-4-88: An Ordinance of the City Council, City of Allen, Collin County, Texas Signifying the City of Allen's Intention to Act as Trustee of the Allen Cemetery; To Assume Administration of the Allen Cemetery Endowment Fund, Provide Perpetual Care of the Allen Cemetery's Grounds, and the Establish- ment of a Special Account to Maintain the Funds Received and Expended. (Agenda Item VI) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the proposed ordinance that would signify the City of Allen's intention to act as trustee of the Allen Cemetery and to assume all of the ALLEN CITY COUNCU, REGULAR SESSION APRU. 7, 1988 Page 7 Ordinance No. 848-4-88 (cont'd): (Agenda Item VI) administrative responsibilities related thereto. Mr. Thornton advised the Council that the Parks and Recreation Board, at their regular meeting held on March 14, 1988, recommended to the City Council that they adopt the proposed ordinance giving the city responsibility for the cemetery, by establishing a special fund to cover the maintenance and administration that does not negatively affect the current Parks and Recreation budget and proposed programs. Mayor Farmer advised that the Council wanted the record to show that at Ed Lynge and Dale Holt, representing the Allen Cemetery Association, did appear before the Allen City Council on July 2, 1987 requesting that the City of Allen take over the responsibilities for the operation of the cemetery and the proposed ordinance is in response to that request. Mayor Farmer further requested that the board members of the Allen Cemetery Association work with city staff in order to provide for a smooth transition period. At this time, Mayor Farmer asked the representatives present from the Allen Cemetery Association if they had any comments on the proposed ordinance. Dale Holt, Secretary of the Association, advised that she had not even seen the ordinance and had not been notified of this meeting. Mayor Farmer requested that the City Council pass over this item at this time in order to allow the city staff to review with the members present the proposed ordinance and the Council will return to this item later in the meeting. Consider an Ordinance Containing Rate Increases for Sanitation Services as Proposed by BPI Waste Systems (Agenda Item VII) Mayor Farmer passed over this item at this time since the representative from BFI Waste Systems was not present. Consider Items Related to Parks and Recreation: Award Bid for Turf Mower (Agenda Item VIII -A) On March 3, 1988 the City Council authorized the solicitation of bids for a 72" out -front mower for the Parks and Recreation Department. The bids were opened on Monday, April 4, with the following bids submitted: Jacobsen Turf & Commercial 3 Wheel $7,889.00 4 Wheel $8,572.00 Dallas Turf Equipment $8,260.00 Watson Distributing Company $7,650.00 Mayor Farmer advised that the recommendation of the city staff was to award the bid to Watson Distributing Company in the amount of $7,650 for a Cushman 807D 72" out -front mower. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Pennington, the Council voted seven (7) for and none (0) opposed to approve the award of the bid to Watson Distri- buting Company in the amount of $7,650 for a Cushman 807D 72" out -front mower, in accordance with the recommendation of the city staff, as stated. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 Consider Items Related to Parks and Recreation: Consider a Policy Esta- blishing Fees and Cbarges for Pmgrams Within the Parks and Recreation Depart- ment Page 8 (Agenda Item VIII -B) Since the Director of Parks and Recreation was not available for a presentation on this agenda item, Mayor Farmer opened the floor for discussion on this item by the City Council. The Council discussed if the policy should provide for a section that will allow for people to participate in parks and recreation programs who are financially unable to participate. There was further discussion on what terminology could be used to define what "financially unable" means. City Manager Jon McCarty advised that a policy regarding this had originally been in the proposed document but had been removed due to the difficulty of defining "financially unable". There was further discussion on the need to include this in the policy and that research needed to be done by city staff on creating a definition for "financially unable", perhaps contacting the school district to see how they handle that type of situation. Mayor Farmer discussed with city staff what type of action the Council would be taking with the approval of this document and was advised that this would be a policy statement by the Council and should be handled through the adoption of a resolution. Mark Thornton, Director of Parks and Recreation, had returned to the meeting and advised that since this would be a portion of the Parks and Recreation Department's procedure manual, he was proposing to adopt a resolution at the time the manual was complete. There was further discussion by the City Council with city staff on how the fees had been determined and if the fee structure included maintenance of facilities. There was considerable discussion on this topic and whether fees cover cost for recreation programs as well as maintenance of park facilities. In further review of the policy document, city staff was asked to clarify Section 8.0 "Charges for Charitable (non -sponsored) Activities" and what it meant; what was meant by "revolving fund" and does it limit the department. There was considerable discussion on paragraph (4), on page 3, regarding fees for nonresidents, how those fees can be enforced, the need for city staff to look at their records to see how many nonresidents participate in the city's programs, and if participation by nonresidents limits participation by residents. There was further discussion by the City Council with Mr. Thornton on the use of the words "will" versus "may be" throughout the policy document and if that is the correct terminology, or if it all should be "may be". There was discussion on page 7, paragraph (b) , Section 7. 1, regarding the use of the word "unreasonable" and if it should be "reasonable". The Council discussed with city staff the areas in the policy that would required insurance. Mayor Farmer advised city staff that he felt that the proposed document needed to be redone showing actual policy statements, with an addendum of the explanation of those policy statements. He added that the format of the proposed document did not highlight the policy statements that are being made. There was further discussion on the reference to the revolving fund and the Council discussed that any references to set of financial accounts, etc., did not need to be placed in this policy document. The financial operation and organization should be treated separately from the policy statements and can be handled in the internal budgeting process. There was additional discussion on the charitable "sponsored" and "non - sponsored" definitions and how they differed. ALLEN CITY COUNCIL REGULAR SESSION APRIL 7. 1988 Page 9 Consider Items Related to Parks and Recreation: Consider a Policy Esta- blishing Fees and Charges for Programs Within the Parks and Recreation Depart- ment (cont'd) (Agenda Item VIII -B) The Council discussed the action to be taken on this policy, if a Council subcommittee needed to be appointed to work with the city staff on this, or if the city staff could rework the policy and bring it back to the Council for review and approval. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Pennington, the Council voted seven (7) for and none (0) opposed to table the policy establishing fees and charges for programs with in the Parks and Recreation Department, with the city staff to rework the policy in accordance with the discussion held during the meeting. The motion carried. At this time Mayor Farmer returned to Agenda Item VI. Ordinance No. 848-4-88: An Ordinance of the City Council, City of Allen, Collin County, Texas Signifying the City of Allen's Intention to Act as Trustee of the Allen Cemetery; To Assume Administration of the Allen Cemetery Endowment Fund, Provide Perpetual Care of the Allen Cemetery's Grounds, and the Establishment of a Special Account to Maintain the Funds Received and Expended. (Agenda Item VI) Mayor Farmer asked members of the Allen Cemetery Association if they had any comments on the proposed ordinance that would signify the City of Allen intention to act as trustee of the Allen Cemetery and to assume administration of it. The president of the board advised the Council that he felt the city was doing a good job. There was further discussion by the City Council with the members of the association regarding work that they proposed to do to the stone entrance to the cemetery and Mr. Lynge advised that they had planned to use their beautification fund to rework the stone entrance at the main entrance on Dogwood and create exits only at the east and west gates. The City Council expressed their appreciation to the board members for the work and care that they have done on the cemetery for many years. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Wolfe, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 848-4-88, as captioned previously. The motion carried. Ordinance No. 849-4-88: An Ordinance Amending the City of Allen Code of Ordinances, Chapter 6, "Health and Environment," Article III, "Solid Waste," Section 6-58, "Same -Fees," and Amending Ordinance No. 468-10-83, Section 2.05, "Residential Collection Fees," as Amended, By Approving a Rate Increase, Amending the City of Allen Code of Ordinances, Chapter 6, "Health and Environment," Article III, "Solid Waste," Section 6-60, (Agenda Item VII) ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 Page 10 Ordinance No. 849-4-88 (cont'd): "Same - Fees," and Amending Section 207, "Commercial Collection Fee," as Amended, by Adopting an Attarh,nunt "A" and Attached to and Made a Part of Said Ordinance; Providing for an Effective Date_ (Agenda Item VII) Councilman Jack Pennington, Chairman of the Council Subcommittee on Solid Waste, spoke before the Council on the recommendations of the committee regarding the rate increase as requested by BFI Waste Systems. Councilman Pennington advised that the subcommittee had worked with city staff and representatives of BFI to reach a negotiation. Councilman Pennington advised that the proposed rate would be $6.38 per residential collection and that the commercial rates are increased an average of 6$. Councilman Pennington also advised that BFI had agreed to not request another rate increase for a period of two years, with the exception that if regulations now under consideration by the EPA effect dramatic increases in landfilling costs. Councilman Pennington advised the Council of the National Resource Conservation and Recovery Act (RCRA) and that the proposed rules have the potential for increasing disposal costs 200$ to 700$. Councilman Pennington advised that the recommendation of the subcom- mittee is to adopt the proposed ordinance reflecting the new rates. There was considerable discussion by the Council on the RCRA and when their new rates could be placed on the landfill operations. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Pendleton, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 849-8-88. The motion carried. Mr. Harold Smith, with BFI Waste Systems, extended his appreciation to the Council for their action and working with the city staff and Council subcommittee. Mayor Farmer recessed the regular session of the Allen City Council at 8:43 p.m. The meeting reconvened at 8:50 p.m. Consider Items Related to Parks and Recreation: Consider Recreation Program Expansion and Procedures for the Swim Team (Agenda Item VIII -C) Mark Thornton, Director of Parks and Recreation, spoke before the Council on part of the policy for fees and charges which establishes a procedure for new programs to be established on a 100$ break even situation by sharing the revenue at an 80-20$ split with a contracted instructor. Mr. Thornton pointed out to the Council that one program to be established under this format is the Summer Swim Team. Mr. Thornton reviewed with the Council the success of this program last year with a volunteer coach, however, there was a need to restructure this program with the 80-20% funding split in order to further develop the program and to sustain paid qualified instructors/coaches. The Council discussed with city staff how long the swimming season lasts, how the split was determined, and just who's program the Summer Swim Team belongs to. Mr. Thornton explained to the Council that it is the city's program as the city establishes the rules, employment of the coach is on a contract basis, and city will collect the fees to pay the individual. ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 Page 11 Consider Items Related to Parks and Recreation: Consider Recrcation Program Expansion and Procedures for the Swim Team (cont'd) (Agenda Item VIII -C) Mr. Thornton explained that the Parks and Recreation Board recommended to the City Council approval of restructuring of the Swim Team Program to a paid instructor program, with the proposed 80-20% funding split. 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 restructuring of the Swim Team Program to a paid instructor, with a 100$ break even funding at a 80-20$ split, in accordance with the recommendation of Parks and Recreation Board, as stated. The motion carried. Review Specifications and Consider Author tion of Solicitation of Bids for Site Development of the Municipal Complex (Agenda Item IX) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the construction and design of the street and streetscape for the extension of Allen Drive from McDermott through the municipal complex site and the construction of the north/south street called Bonham Drive, to be located on the west side of the new library building. Using various engineer drawings and site drawings, Gary Talmadge, with Black and Veatch Engineers, reviewed with the Council the location of the streets, the landscaping and ornamental street lighting to be used in the streetscape design, and the location of the first phase of the retention pond. Mr. Talmadge reviewed with the Council the construction of the pond and advised that it would be used to collect water run-off from the municipal site as well as the adjacent commercial site. Mr. Talmadge pointed out that this would be the first phase of construction on the pond, which will eventually contain two tiers. It would also contain a fountain so that the water sitting in the pond would not stagnate. Mr. Talmadge reviewed the construction design for the streets, Allen Drive and Bonham Drive. He also advised of the location of the landscaping along Allen Drive, the location of the sidewalks, the placement of trees, the ornamental street lighting, and the locations of the water and sanitary sewer lines in this area, and the location of the street pavers. The Council discussed with city staff and Mr. Talmadge the lighting fixtures on the ornamental street lights and if the wattage or fixture could provide for a softer lighting effect, and what can be done about the street pavers and their tendency to be very slick when it rains. Mr. Thornton provided the Council with the following proposed budget on this project: ENGINEERING COSTS: Site Study (plat, preliminary engineering) $14,000.00 Design Engineering $75,500.00 Surveying $6,500.00 Geotech $1,700.00 SUBTOTAL $97,700.00 ALLEN CITY COUNCD. REGULAR SESSION APRIL 7, 1988 Review Specifications and Consider Authorization of Solicitation of Bids for Site Development of the Municipal Complex (cont'd) CONSTRUCTION COSTS: Street Paving Drainage, piping, inlets (street drainage only) Water Lines Sanitary Sewer Retention Pond, Sidewalks Lighting Landscaping Irrigation Piping, Fountain SUBTOTAL SUBTOTAL TOTAL CONTINGENC TOTAL Page 12 (Agenda Item III) $145,000.00 $55,000.00 $60,000.00 $25,000.00 $130,000.00 $55,000.00 $470,000.00 $50,000.00 $22,500.00 $37,500.00 $110,000.00 $677,700.00 $30,000.00 $707,700.00 Mr. Thornton explained the proposed budget and advised that the streetscape items, lighting, landscaping, and irrigation, as well as the street paving and sidewalks are being bid as add-on alternates on this project. City Manager Jon McCarty spoke before the Council on their need to also include the approval of the budget in their action on this item. Mr. McCarty advised what the original budget had contained when the police and courts and library buildings were being planned, the increase in this project with the inclusion of the streetscape design and the retention pond, the availability of the additional funds accumulated for the interest earned on idle funds that can be used in this project, and pointed out again which items were going to be bid as add-on alternates. Mr. McCarty advised that it was the city staff's recommendation that the City Council approve the specifica- tions and authorize the receipt of bids on this project and to approve the budget. There was discussion by the Council on the use of the funds that are accumulated from interest earned on idle funds and that in the past the city had used those to retire some of its debt service and what about that policy. City Manager Jon McCarty advised the Council of how those funds have been used in the past. There was considerable discussion on the use of the bond funds available for this project, the use of the interest earned monies, and whether those items should be bid as separate items or in the project altogether. There was further discussion on whether the Council should consider this as an entire project, with all items considered as a total package and not split off the items as separate add-on alternates. 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 specifications, to authorize the receipt of bids on this project as presented by city staff, and to approve the proposed budget as presented. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION APRIL 7. 1988 Page 13 Accept Letter of Resignation from Ken Browning, Chairman of the Planning 6 Zoning Commission (Agenda Item X -A) Mayor Farmer advised the Council that they had acknowledged the receipt of Mr. Browning's letter at their last Council meeting and as a matter IL of formality they were to accept the letter of resignation at this time. Mayor Farmer also advised that the Council was to direct the city staff as to when to proceed with the appointment to that vacancy. MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Pennington, the Council voted seven (7) for and none (0) opposed to accept, with regret, the letter of resignation from Ken Browning, Place No. 1 on the Planning and Zoning Commis- sion; and to direct the city staff to proceed with the filling of this vacancy during the month of May when other appointments will be made by the Council. The motion carried. Acknowledge Vacancy in Place No. 5 on the Parks and Re tion Board (Agenda Item X -B) Mayor Farmer advised the Council that Gary Edstrom had filed for Place No. 6 on the City Council, thus creating a vacancy in his place on the Parks and Recreation Board. Due to the fact that Mr. Edstrom had not submitted a letter of resignation from the Parks and Recreation Board and due to the requirements of the City Charter, the Council has to acknowledge this vacancy in the Council minutes. Mayor Farmer advised that in the time that has passed since the agenda was prepared, Mr. Edstrom bas presented aletter of resignation from his Place No. 5 on the Parks and Recreation Board, thus the Council can accept his letter of resignation and acknowledge this vacancy. MOTION: Upon a motion made by Councilman Pennington and seconded by Councilman Pendleton, the Council voted seven (7) for and none (0) opposed to accept, with regret, the letter of resignation from Gary Edstrom, Place No. 5 on the Parks and Recreation Board, and acknowledge that a vacancy does exists in Place No. 5 on the Parks and Recreation Board; and to direct the city staff to proceed with the filling of this vacancy during the upcoming appointments to be made during the month of May. The motion carried. Consider Response to the Rsaminnr's Report on Allen's Telephone Extended Area Service Request (Agenda Item XI) Councilman Jim Wolfe, Chairman of the Council's Subcommittee on Telephone Service, distributed to the Council a letter from the city's attorneys in Austin regarding the city's position in the Extended Area Service (EAS) case pending before the Public Utility Commission. Councilman Wolfe advised the Council of the contents of the ruling presented by the Administrative Law Judge involved in the city's case and of the negative implications of it as to the city not being allowed EAS. Mr. Wolfe then advised the Council that the letter from the attorneys advised against any type of advertisements, publicity or lobbying of the Public Utility Commission. He advised further that the city's hearing before the Public Utility Commission would be held on May 4 and that all the city will be able to do is have the attorney provide the city's response to the ruling which will last about 15 minutes before the Commission. The city can gather up a lot of people to attend the hearing, but no one but the attorney will be permitted to provide input. There was discussion by the Council on what they and citizens of Allen can do in this situation. Councilman Wolfe advised that he and the members of the Council committee are recommending that a lot of people be en- couraged to travel to Austin on May 4 to attend the hearing and show our support for EAS. ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 Page 14 Consider Response to the Examiner's Report on Allen's Telephone Extended Area Service Request (Agenda Item XI) There was considerable discussion by the Council on the ruling made by the Administrative Law Judge, who would be the contingent that would be going to Austin on May 4, what time did everyone have to be there, would transportation be provided by buses, etc. This item was received as a matter of information. There was no action taken on this item. Meeting with the North Texas Commission (Agenda Item XII -A) Mayor Farmer reminded the Council Members of their meeting with the North Texas Commission to be held on April 13, 1988, at 8:00 a.m., at their offices located on Freeport Parkway, near DFW Airport. He advised that the City Secretary will be sending out directions to the offices. This item was received as a matter of information. There was no action taken on this item. Calendar (Agenda Item XII -B) City Manager Jon McCarty advised the Council of the following dates for their calendars: Monday, April 18, 1988 - Called - Special Workshop Session for the Water & Sewer Rate Study Thursday, April 21, 1988 - Regular Meeting Saturday, May 4, 1988 - EAS Hearing in Austin Saturday, May 7, 1988 - City Council Election This item was received as a matter of information. There was no action taken on this item. Collin County Open Spare Re %a mendations (Agenda Item XII -C) Mark Thornton, Director of Parks and Recreation, distributed to the Council the recommendations from the committee working on the bond proposals for the Collin County Open Space Plan. This item was received as a matter of information. There was no action taken on this item. Administrative Report - Purchasing Study (Agenda Item XII -D) Charlotte Smith, Director of Finance, distributed to the Council copies of the purchasing study and recommendations made by Charles Binford, a financial management consultant. Mrs. Smith briefly advised that the city staff was in agreement with Mr. Binford's findings and would be developing policies per his recommendations. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCU. REGULAR SESSION APRIL 7. 1988 Page 15 Comanche Peak Nuclear Plant visit (Agenda Item XII -E) Mayor Farmer advised the Council that the City Manager would respond to the letter sent to the Mayor regarding a trip for the Mayor and the Council to visit the Comanche Peak Nuclear Plant and that the letter would indicate the Council's interest to visit the facilities at some date in the future. 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 XII -F) -City Manager Jon McCarty advised the Council that a inquiry had been made by the Library Board as to if the city had a policy for the naming of their public buildings or portions of the buildings if a substantial donation had been received from an individual for the facility or contents of the facility. Mr. McCarty advised that the city did not at this time have a policy, but per the directions of the Council during the workshop session, the city staff would research this type of policy and bring forth a recommenda- tion to the Council for their consideration. This inquiry had been made at this time in anticipation of the construction of the new library building. -City Manager Jon McCarty advised the Council that the city was involved in the asphalt rescarification of certain streets in the city and had found during the work that the sub -base on Hawthorne would need work before the rescarification could be accomplished. With this discovery, there would be need for the appropriation of additional funds to cover these additional construction expenses. Mr. McCarty pointed out to the Council that if the Council was in favor of providing for the improvements in the sub -base on Hawthorne, the city staff would proceed with this construction since the company was working on Hawthorne and that a formal agenda item would be placed on the Consent Agenda for the next meeting. It was the consensus of the Council to proceed with this request. With no additional items of interest to be discussed by the Council, Mayor Farmer adjourned the regular session of the Allen City Council at 10:14 p.m. in order to convene into Executive Session. Executive Session (Agenda Items XIII-A,B,C) 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 10:20 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas, in order to discuss matters pertaining to Main Street property acquisition, personnel reorganization, and pending litigation. The Executive Session was adjourned at 11:49 p.m. Reconvene to to Adpurn (Agenda Item XIV) The Allen City Council reconvened back into regular session at 11:52 p.m. in the Council Chambers of the Allen Municipal Annex. MOTION: Upon a motion made by Councilman Wolfe 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 11:53 p.m. on Thursday, April 7, 1988. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION APRIL 7, 1988 These minutes approved on the 21st day of April, 1988. N J Farmer, MAYOR ATTEST! Marty Hendrix, CMN, CITY SECRETARY Page 16