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Min - City Council - 1988 - 05/19 - RegularU N ild: iM YW&6163iI 21441 t REGULAR SESSION MAY 19, 1988 Present: Joe Farmer, Mayor Council Members: Rex Womack Jerry Wilson, Mayor Pro Tem Bobby Glass Jim Wolfe Jim Pendleton Gary Edstrom 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 6:45 p.m. on Thursday, May 19, 1988, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Other city staff in attendance were Charlotte Smith, Finance Director, Bill Petty, Director of Community Development, and Mark Thornton, Director of Parks and Recreation. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. There was no discussion needed on any of the items. Mayor Farmer reviewed Agenda Item VIII, Public Hearing and Consider Adoption of an Ordinance Amending Water and Sewer Rates. Charlotte Smith, Finance Director, spoke before the Council on the rates to be included in the ordinance. There was no discussion needed on this item. Mayor Farmer reviewed Agenda Item IX, Public Hearing on Request for Permanent Zoning of "PD -R2" (Planned Development - Residential) on 21.6106 Acres of land. The Council discussed the issue regarding the escrow of funds for the roadway improvements to F.M. 2170 and how that would be handled. City Manager McCarty advised the Council that a facilities agreement would be used to guarantee the escrow of funds for those improvements. The Council then discussed the use of the zoning designation "FP -PD" (Flood Plain - Planned Development) and why that designation had not been used for this zoning request since the property appeared to be located on the flood plain. City Manager McCarty explained to the Council how that zoning designation is used, and that a flood plain analysis is to be done on this property to determine if there is any flood plain area and that the designation of the flood plain area analysis would be tied to the platting process. Bill Petty, Director of Community Development, spoke before the Council on this zoning request and how the plat of the property could be brought back before the Council if flood plain is delineated on this property. There was further discussion by the Council on bringing back the plat before the Council since final approval on final plats had been delegated to the Planning and Zoning Commission. ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 WORKSHOP SESSION - 6:45 P.M. Page 2 Discussion of Consent Agenda and Regular Agenda Items (cont'd) (Agenda Item II) Mayor Farmer then reviewed for the Council the variances that are being requested on this property, the need for the flood plain study and the matter of open space. There was more discussion by the Council on the placement of the "FP" (Flood Plain) designation on this property and what effect it will have on this development in the future. Mayor Farmer then reviewed Agenda Item X, Approval of the Bids and Authorization to Enter a Contract for the Municipal Complex Infrastructure. City Manager McCarty advised the Council of the circumstances surrounding some problems with the lowest bidder and the bid bond that they had used in this bid process. Mr. McCarty then advised the Council of the next lowest bidder and that there had been some problems with them wanting to intervene in the reference check process on the lowest bidder and wanting copies of the lowest bidder's bid bond. City Manager McCarty advised the Council that he was going to recommend that this item be tabled in order that the city staff can do more research into the three lowest bidders in this process. Mayor Farmer then reviewed Agenda Items XB & XC, approval of the bids and authorization to enter a contract for the Fire Department siren project and the construction of Cottonwood Bend Park. There was discussion by the Council on the fact that only one bid was received on the Cottonwood Bend Park project and if that posed a problem. Mark Thornton, Director of Parks and Recreation, spoke before the Council on the solicitation of bids for this project and that several bidding documents had been sent out to other contractors, however, only one bid was received. He could not explain to the Council why the other contractors did not bid this simple contract. He added that the one bidder was a reliable contractor and had done other work for the city. Mayor Farmer reviewed Agenda Item XI, approval of the Amendments to the Bylaw and Local Regulations of the Allen Industrial Development Corporation, Appointments to the Board of Directors and review of corpora- tion expenditures. Councilman Rex Womack advised the Council that the Council -appointed members to the Board would be making a recommendation to the Council on this agenda item. Mayor Farmer then reviewed Agenda Item XII -A, Appraisal District Budget. There was no discussion on this item. Mayor Farmer reviewed Agenda Item XII -B, Consider Items Related to EAS (Extended Area Service). Councilman Jim Wolfe advised the Council that he would be presenting a recommendation of the Council -appointed Telephone Subcommittee on this agenda item. Mayor Farmer reviewed Agenda Item XII -C, Collin County Public Officials Association meeting. The Council briefly discussed that they were not able to attend this meeting since it was being held on this evening and that the topic, 911 service, was an important one. The Council discussed the fact that this association had changed their meeting night to the third Thursday of the month, thus representatives from Allen could not attend. City staff advised that they had notified the officers of that association that Allen would not be able to attend if it was continually held on that night. The Council also requested that the city staff found out if there were any handouts for that presentation on the 911 service and that the city receive a copy of it. Mayor Farmer reviewed Agenda Item XII -D, Items of Interest. City Manager McCarty advised that he had some information to present to the Council on the status of the work of the Economic Development Alliance. Mayor Farmer reviewed Agenda Items, XIII, XIV, and XV. There was no discussion on those items at this time. ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 WORKSHOP SESSION - 6:45 P.M. Page 3 Future Agenda Items: Site Plan on Project Facing Main Street (Agenda Item III) Bill Petty, Director of Community Development, spoke before the Council on a site plan that was in the planning stages that would be forthcoming to the Council for a project to be constructed on the cul-de-sac created on Birch Street which would be visible from Main Street. Mr. Petty explained that the developer had done a lot of engineering work and was planning to use this property for retail and an office/warehouse facility, with the overhead doors to be facing Main Street. Mr. Petty pointed out to the Council that this could be a concern since it will be visible from Main Street. At this time, Mr. Petty also pointed out to the Council that on the zoning request discussed earlier in the meeting, if the Council so desired to have the plat come back before the Council for review, the city staff would recommend that it be the preliminary plat, not the final plat. Items of Interest to the Council (Agenda Item IV) At this time, the City Secretary Marty Hendrix advised the Council that the publisher of "The Allen American", Wayne Wedgeworth had requested permission of the Council to use the city's flag design in an upcoming issue of a publication called "The Collin County Super Shopper" that would be promoting the local businesses in Allen. Ms. Hendrix had a copy of the publication and showed it to the Council. After a brief discussion, it was the conclusion of the Council that they had no objections to the flag design being used in this publication. Ms. Hendrix also advised the Council of the upcoming informal reception for candidates for appointments to boards and commissions that is usually held prior to the first Council meeting in June. Ms. Hendrix pointed out that the reception is usually held at 6:30 p.m. , with presentations by the city staff on the various boards to be conducted at 7:00 p.m. After a brief discussion by the Council, it was concluded that the reception would be held at 6:30 p.m., with the Council's workshop session to began at 7:00 p.m. while the city staff is conducting their presentations on the various boards and commissions. The Council discussed with the City Manager and the City Secretary if letters of appreciation had been sent out to the people that participated in the EAS Hearing in Austin and also to the city's attorney, the attorneys for the General Counsel and members of the Public Utility Commission. The City Manager and City Secretary advised that the letters had not been sent out as of this date, but would be sent out. The Council noted that the Chairman of the Public Utility Commission, Dennis Thomas, had submitted his resignation to that Commission. 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, May 19, 1988, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Oath of Office and Presentation of Certificate of Election to Councilman dim Wolfe, Place No. 4 (Agenda Item V) City Secretary Marty Hendrix administered the oath -of -office to Jim Wolfe, re-elected Councilman to Place No. 4 on the Allen City Council. Mayor Farmer presented Councilman Wolfe with his certificate of election from the May 7, 1988 City Council Election. ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 Page 4 CONSENT AGENDA (Agenda Item VI) MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Glass, the Council voted seven (7) for and none (0) apposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of May 5, 1988 - Regular Session. B. Approval of City Council Minutes of May 9, 1988 - Called Special Workshop Session. C. Approval of City Council Minutes of May 12, 1988 - Called Special Session. D. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Graham Associates $307.50 CIP Project No. 75-002-5 Construction of Main Street - Phases I1 & III - Engineering Services - Plat Preparation Period: Thru April 26, 1988 2. Graham Associates $1,105.00 CIP Project No. 75-002-2 Construction of Main Street - Phases II & III - Engineering Services - Butler Drive Design Period: Thru April 26, 1988 3. Graham Associates $1,144.45 CIP Project No. 75-002-2 Construction of Main Street - Phases II & III - Engineering Services Period: Thru April 26, 1988 4. Graham Associates $240.00 CIP Project No. 75-002-2 Construction of Main Street - Phases II & III - Engineering Services Period: Thru March 22, 1988 5. Graham Associates $1,230.00 CIP Project No. 75-002-2 Construction of Main Street - Phases II & III - Engineering Services - Preparation of Engineer Roll Period: Thru March 22, 1988 6. Acquisition Associates $740.00 CIP Project No. 75-002-5 Construction of Main Street - Phases II & III - Street Right -of - Way Acquisition - Property Negotiations Period: Thru May 1, 1988 ALLEN CITY COUNCIL REGULAR SESSION KAY 19, 1988 Page 5 CONSENT AGENDA (ennt'd) (Agenda Item VI) 7. Southwestern Laboratories $1,051.75 CIP Project No. 70-001-8 1988 Street Rehabilitation Program Asphalt Testing Period: Thru April 30, 1988 8. Southwestern Laboratories $408.88 CIP Project No. 70-001-8 1988 Street Rehabilitation Program Asphalt Testing Period: Thru April 21, 1988 9. MTrust $646.25 Account No. 03-45030 1988 General Obligation Bond Sale Acceptance Fee & Certificates Period: Thru May 5, 1988 10. "The Allen American" $68.40 CIP Project No. 55-001-3 Construction of the Library Building Notice to Bidders Period: Thru March 31, 1988 11. Hidell Architects $7,204.84 CIP Project No. 55-001-3 Construction of Library Building - Architectural Services Period: Thru April 25, 1988 12. TMC Foundations $151,084.12 CIP Project No. 40-001-1 Construction of Police & Courts Building - Application No. 6 Period: Thru April 30, 1988 13. Hidell Architects $1,682.50 CIP Project No. 40-001-3 Construction of Police & Courts Building - Architectural Services Period: Thru April 25, 1988 14. Pipe N Heads $465.93 Account No. 03-26-45020 Renovation to Reed Park - Irrigation Parts Period: Thru April 29, 1988 15. Tree Movers $400.00 CIP Project No. 50-004-2 Construction of Story Park - Tree Planting Period: Thru April 28, 1988 16. TU Electric $10.00 CIP Project No. 50-004-2 Construction of Story Park - Meter Hook -Up Period: Thru April 30, 1988 ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 CONSENT AGENDA 17. 18. 19. 20. 21. 22. 23. (cont'd) Royal Oaks Nursery CIP Project No. 50-004-2 Construction of Story Park - Landscaping Period: Thru April 26, 1988 Weyerhaeuser CIP Project No. 50-004-2 Construction of Story Park - Bermuda Seed Period: Thru April 28, 1988 Dustrol, Inc. CIP Project No. 70-001-8 1988 Asphalt Street Rehabilitation Program - Billing No. 7 Period: Thru May 6, 1988 Graham Associates CIP Project No. 90-005-6 Construction of Main Street - Phases II & III - Engineering Services for McDermott Road Period: Thru February 23, 1988 Graham Associates CIP Project No. 90-005-6 Construction of Main Street - Phases II & III - Engineering Services for McDemrott Road Period: March 22, 1988 Graham Associates CIP Project No. 90-005-6 Construction of Main Street - Phases II & III - Engineering Services for McDermott Road Period: April 26, 1988 Southern Mechanical CIP Project No. 90-005-1 Construction of Main Street - Phases II & III - Utility Relocation Billing No. 5 Period: Thru April 25, 1988 Page 6 (Agenda Item VI) $243.75 $889.00 $249,070.57 $7,050.00 $1,680.00 $1,542.50 $57,813.94 E. Schedules of Taxes Receivable as of March 31, 1988 and April 30, 1988. The motion carried. End of Consent Agenda Plaque of Appreciation to Jack Pennington, Outgoing Council Member in Place No. 6 (Agenda Item VII) Mayor Farmer presented a plaque of appreciation to outgoing Council Member Jack Pennington, Place No. 6, for his dedicated service to the citizens of Allen from April, 1986 to May, 1988, and extended the gratitude of the Council to Mr. Pennington for his work on the Council. ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 Page 7 Ordinance No. 854-5-88: An Ordinance of the City of Allen, Taxas, Repealing Ordinance No. 555-10-84 and All Pre- vious Ordinances in Conflict; Providing for the Rates to be Charged for Water and Sewer Service; Providing for Collec- tion of Such Rates; Providing for the Disconnection of Service; Providing for Water and Sewer Tap Rates; Providing for Penalty of Violation of This Ordi- nance; Providing for a Deposit Fee, and Interest Thereon; Providing for Temporary Water and Sewer Connection Fee; Pro- viding for a Meter Setting Charge; and Providing for a Penalty Clause, a Sever- ability Clause and an Effective Date. (Agenda Item VIII) Finance Director Charlotte Smith spoke before the Council on the need for the water and sewer rate increases as reflected in the proposed ordinance and based upon the study conducted by Lewis McLain, President of Ad- ministrative Fiscal Consulting Services. Mrs. Smith advised the Council that it was the city staff's recommenda- tion to the Council that the proposed ordinance be adopted as presented. Mayor Farmer opened the public hearing on the proposed water and sewer rate increase. With no one appearing to speak either for or against these rates, 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 and adopt Ordinance No. 854-5-88, as captioned previously, and in accordance with the city staff's recommendation, as stated. The motion carried. Public Hearing: Request for Permanent Zoning of "PD -R2" (Planned Development - Residential) on 21.6106 Acres Location: West of Rowlett Creek, South of F.M. 2170 and East of Custer Road Requestor: F.M. 2170 Limited Partnership (Agenda Item IR) and Ordinance No. 855-5-88: An Ordinance of the City of Allen, Collin County, Texas Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, so as to Establish Permanent Zoning, To -Wit: Flood Plain - Planned Development R-2 No. 47 "FP -PD R-2 No. 47", on the Following -Described Tract of Land: Approximately 21.6 Acres of Land, Mom or less, Out of the Daniel Yeaman Survey, Abstract No. 1041, Collin County, Texas; Providing for a Land Use Plan; Providing for Variances; Providing for a Flood Plain Study; Providing for Review and Recommendations on Preliminary Plat of Property; Providing for Execution of Facilities Agreement Prior to Approval of ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 Page 8 Ordinance No. 855-5-88: Final Plat; Providing for a Penalty of Fine Not to Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. Mayor Farmer read the request into the record as follows: "Public Hearing: Request for Permanent Zoning of "PD -R2" (Planned Development - Residential) on 21.6106 Acres of Land Located West of Rowlett Creek, South of F.M. 2170 and East of Custer Road as Requested by F.M. 2170 Limited Partnership and Consider an Ordinance Establishing Permanent Zoning of PD -R2." Mayor Farmer asked if the city staff had any input to provide on this request. There being none at this time, Mayor Farmer opened the public hearing. Robert Pope, representing the requester, F.M. 2170 Limited Partnership, spoke before the Council on this request for permanent zoning of "Planned Development - Residential R-2". Using a site plan of the property, Mr. Pope reviewed the location of the residential lots on the property, advised of the lot sizes, reviewed the variances being requested on the property, advised of the willingness to enter into facility agreements for the construction of utilities on this site and for escrow of funds for the street improvement to F.M. 2170 (McDermott Drive). Mr. Pope provided further information on the types of homes that would be built in this area and distributed to the Council an artist's rendering of a front elevation of one of the homes. Mr. Pope also advised the Council of the deed restrictions to be placed on the property. Mary McDermott Cook, adjacent property owner, spoke before the Council on her concerns regarding this development. Jim Harris, an attorney with Thompson and Knight representing the McDermott Family, spoke before the Council on additional concerns regarding the flood plain area and how this area is to be interpreted. Mr. Harris also requested that the "FP -PD" designation be placed on this property in the ordinance and that the Council require that the plat be brought back to them for final approval. Dr. Albert Halff, with Albert Halff and Associates and representing the McDermott Family, spoke before the Council on the issue regarding the flood plain area and the flood plain analysis that was needed on the property. With no one else wishing to speak either for or against this request, Mayor Farmer closed the public hearing. The Planning and Zoning Commission, at a special called meeting held on April 5, 1988, recommended to the City Council approval of the permanent zoning request and the voluntary amendment by the proponents to perform a flood plain study, and that the following negative and positive variances be allowed: 1. Lot Area: 30,000 Square Foot Minimum 2. Front Yard Setback: 50 Feet 3. Street Width: 27 Feet Without Curb and Gutter 9. Cul -de -Sac Length: 1200 Foot Maximum S. Drainage: Open 6. Facilities Agreement and Pro -Rate Ordinance for Off -Site Water and Sewer to be Determined by City Council. 7. Open Space Requirement: None ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 Page 9 Public Acerin ¢: Request for Permanent Zoning of "PD -R2" (Planned Development - Residential) on 21.6106 Acres Requestor: F.M. 2170 Limited Partnership (cont'd) (Agenda Item IX) and Ordinance No. 855-5-88 (cont'd) 8. Facilities Agreement for participation in F.M. 2170 to be determined by the City Council or city staff once a formula has been established as to what funding sources would be available. The Council discussed with Mr. Pope the details of the status of the flood plain analysis study to be done on this property and what the preli- minary results had been of that study as to how much drainage is on the property. Bill Petty, Director of Community Development, spoke before the Council on the issue of the flood plain study, the zoning designation of "FP -PD" and why it was not included on this property. There was considerable discussion by the Council with city staff on the issue of the flood plain study and the zoning designation of "FP -PD". Mr. Petty spoke before the Council on the platting process when flood plain has been determined and how the Parks and Recreation Board must 4W review the plat and the fact that the Council can request to review the preliminary plat. There was further review and discussion on the variances that were being requested on this site, the width of the street being adequate, the number of lots in this subdivision and if that will change due to the flood plain study; if the facilities agreement will be reached prior to the platting process; the size of the cul-de-sac street and if it is adequate to handle the fire fighting equipment. Again, there was discussion on the zoning designation of "FP" and if it should be included in the ordinance. At the Council's request, Albert Halff spoke before the Council on the size of the McDermott's Lake that was located to the north of this property. The Council discussed again the need to review the preliminary plat, via the Parks and Recreation Board, and that the plat would have the limits of the flood plain area delineated on it. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Edstrom, the Council voted seven (7) for and none (0) opposed to approve the recommendations of the Planning and Zoning Commission with the following stipulations: 1. The zoning request be reclassified to "Flood Plain - Planned Development - Residential" (FP -PD -R2); 2. That the preliminary plat be brought back before the Council, via the Parks and Recreation Board, with the flood plain appropriately delinated on it; 3. That the requester and the city finalize the appropriate facilities agreements for the utilities on the site and the escrow of funds for the improvements to F.M. 2170 prior to approval of the final plat; and ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 Page 10 Public Hearin>r: Request for Permanent Zoning of "PD -R2 - (Planned Development - Residential) on 21.6106 Acres Requester: F.M. 2170 Limited Partnership (cont'd) (Agenda Item IX) and Ordinance No. 855-5-88 (cont'd) MOTION (CONT'D): to approve and adopt Ordinance No. 855-5-88, as captioned previously, reflecting the above stipulations. The motion carried. Mayor Farmer recessed the regular session of the Allen City Council at 8:40 p.m. The regular session was reconvened at 8:55 p.m. Approve Bids and Authorise Contracting on Municipal Complex Infrastructure (Agenda Item X -A) City Manager Jon McCarty advised the Council that the city staff was requesting that this item be tabled so that the city staff could further review and research the three apparent low bidders. Those bidders being Bitter - creek Construction Company, Glen Thurman, Inc., and Ed Bell Construction. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Glass, the Council voted seven (7) for and none (0) ` opposed to table the approval of bids and authorization to �r execute a contract on the construction of the municipal complex infrastructure. The motion carried. Approval of Bids and Authorization to Execute Contract for the Fire Department Siren Project (Agenda Item X -B) Craig Gillis, Fire Marshal, spoke before the Council on the solicitation of bids, receipt of bids and bid opening held on April 14, 1988 for the installa- tion of a siren site at Story Elementary School, located on Malone Road. The three bids that were received are as follows: COMPANY EQUIPMENT & INSTALLATION Gifford Electric $6,031.00 (Base Bid) Ken's Communications $4,847.00 (Base Bid) Public Safety Common. $6,894.00 (Base Bid) Mr. Gillis advised that the original proposed budget on this project was $5,600.00 and that the city staff was proposing a new budget on this project. Mr. Gillis briefly reviewed the proposed budget for this project as (001 follows: BUDGET FOR SIREN REMOUNT CONSTRUCTION BASE $ 4,847.00 TU ELECTRIC SERVICE COST $ 917.00 CONTINGENCIES $ 300.00 TOTAL $ 6,064.00 ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 Page 11 Approval of Bids and Authorization to Execute Contract for the Fire Department Siren Project (cont'd) (Agenda Item X -B) Mr. Gillis explained that the city staff was not recommending inclusion of the two alternates that were also bid. Alternate No. 1 was the substitution of a wooden pole rather than a metal pole. Alternate No. 2 was the recon- ditioning of the siren, which has been in storage. The reconditioning is to be accomplished by city staff. Mr. Gillis advised that city staff was recommending to the City Council approval of the bid to the lowest most qualified bidder, being that of Ken's Communications in the amount of $4,847.00; authorization to execute a contract in that amount; and approval of the proposed amended budget as presented. 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 award of the bid to the lowest most qualified bidder, being Ken's Communications in the amount of $4,847.00; to authorize the city staff to execute a contract in that amount; and to approve the amended budget for this project as presented by city staff, all in accordance with the recommendations of city staff. The motion carried. Approval of Bids and Authorization to Executive Contract for the Construction of Cottonwood Rend Park (Agenda Item X-C) Mark Thornton, Director of Parks and Recreation, spoke before the Council on the solicitation of bids, receipt of one bid, and the bid opening �+ held on May 4, 1988 for the construction of Cottonwood Bend Park. This park site consists of four acres located in the Cottonwood Bend Subdivision. The construction will include a play area, play structure, picnic tables and benches. Mr. Thornton explained to the Council that three contractors had requested bid documents, however, only one bid had been received. Mr. Thornton advised that it was the city staff's recommendation that the bid be awarded to the only bidder, being SVA Concrete Company in the amount of $50,855; to authorize the city staff to execute a contract in that amount; and to approve the following proposed budget for this project: BUDGET FOR COTTONWOOD BEND PLAYGROUND CONTRACT AMOUNT $ 50,855.00 CONTINGENCIES - 5$ $ 2,542.00 TOTAL $ 53,397.00 MOTION: Upon a motion made by Councilman Glass and seconded by Mayor Pro Tem Wilson, the Council voted seven (7) for and none (0) opposed to approve the award of the bid to the only bidder, being SVA Concrete Company in the amount of $50,855; to authorize the city staff to execute a contract in that amount; and to approve the proposed budget for this project as presented by the city staff, all in accordance with the recommendations of the city staff. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 Page 12 Resolution No. 856-5-88(R): Approve Amendments to the Bylaws and Local Regulations of the Allen Industrial Development Corporation and Consider Appointments to the Board of Directors and Review Corporation Expenditures (Agenda Item XI) Councilman Rex Womack advised the Council that he, Councilman Bobby Glass, and Board Member Frank Dagger had meet and reviewed the new proposed bylaws and regulation for the Allen Industrial Development Corpora- tion. He advised that the recommendations were as follows: 1. That the bylaws and local regulations of the Allen Industrial Development Corporation be approved and that the three directors for the Allen Industrial Development Corporation be appointed from the City Council with terms of office for one (1) year. 2. That the Allen Industrial Development Corporation become a supporting member of the Allen Economic Development Alliance by paying $1,000 in membership dues. 3. That the Corporation donate the sum of $1,500 to the Alliance to be used in the EAS effort. Additionally, to get the community to support the EAS process and they would also provide $2.00 for every $1.00 that is raised, up to $1,000, to promote that process. He added that if the funds cannot be used for the EAS proposal, then it is recommended that the funds be returned to the Corporation and that they be used to promote economic development. There was discussion by the Council on the use of just three (3) board members rather than using then entire Council. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Glass, the Council voted seven (7) for and none (0) opposed to adopt the proposed bylaws and the local regulations of the Allen Industrial Development Corporation as amended by the Board of Directors, in the form of Resolution No. 856-5-88(R). The motion carried. 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 appoint by acclamation Councilman Rex Womack, Councilman Bobby Glass and Councilman Gary Edstrom as members to the Board of Directors of the Allen Industrial Development Corporation for one year terms of office. The motion carried. Appraisal District Bud¢et (Agenda Item XII -A) Mayor Farmer advised that the Council had been provided with infor- mation on the Central Appraisal District of Collin County's Budget for 1989. The amount to be allocated as Allen's share was $36,258. There was no discussion by the Council on this item. This item was received as a matter of information. There was no action taken on this item. ALLEN CITY COUNCIL REGULAR SESSION MAY 19. 1988 Page 13 Consider Items Related to EAS (Agenda Item XII -B) Councilman Wolfe distributed to the Council information that had been prepared by the Council Telephone Subcommittee regarding the Council's action, task assignments, unanswered questions and the schedule on the Extended Area Service (EAS) Ballot Effort. Councilman Wolfe reviewed the documents with the Council starting with the task assignments proposed for the Alliance Steering Committee, the City Council, the city staff and the EAS Subcommittee and various other com- munity groups. Mr. Wolfe pointed out the unanswered questions that the city has regarding this issue and the need to contact legal counsel regarding these after the order has been issued by the Public Utility Commission. Mr. Wolfe then reviewed the schedule of events beginning with the final order and ending with the balloting process. Mr. Wolfe then reviewed the Council's action to be taken in this matter. There was discussion by the Council on the proposed plans and what about the inclusion of public meetings on this issue. It was pointed out that the public meetings would not be necessary as all of the aspects of the EAS issue had been presented to the public. There was further discussion on the use of a telephone bank, when it is to be scheduled, and the use of the bank to call people who have not returned their ballot. There was further discussion on a special event to kick-off this balloting process. The Council commended the Telephone Subcommittee for their work. This item was received as a matter of information. There was no action taken on this item. Collin Coun�Public Officials Association (Agenda Item XII -C) This item was to announce the Collin County Public Officials Association meeting to be held on Thursday, May 19, 1988, at the Holiday Inn in McKinney. The program for this event was to be on the 911 service. 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 -D) -City Manager Jon McCarty advised the Council of the North Central Texas of Governments General Assembly Luncheon to be held on June 10, 1988 and requested that anyone interested in attending should turn in their reservations. He pointed out that the Council's representative, Councilman Jim Pendleton would be attending, however, it was open to all Council Members. Councilman Pendleton advised that also on that day there was a workshop session for new Council Members and it was a very informative workshop. -City Manager Jon McCarty advised the Council that city staff was going to present a brief outline of the status of the work of the Allen Economic Development Alliance. Michael Stanger, Assistant to the City Manager, spoke before the Council on the status of the work of the Alliance. He pointed out that the Alliance had held some educational sessions and were now ready to break up into study groups. Mr. Stanger pointed out that the Alliance felt a need to conduct a needs assessment of the community and had requested a proposal for such from LWFW, the consultant firm that the city used for the comprehensive plan. The needs assessment would include interviewing local business leaders, develop focus groups, mail out surveys to the local busi- nesses and to have a sample mailing to some Allen households. The Alliance would then use this information in their study groups. Mayor Farmer adjourned the regular session of the Allen City Council into Executive Session at 9:35 p.m. ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 Page 14 Executive Session (Agenda Item XIII) In accordance with Article 6252-17, V.A.T.0-.S. (Open Meetings Law), Section 2(f), the Allen City Council convened into Executive Session at 9:40 p.m., in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas, in order to discuss matters pertaining to real estate negotiations regarding the contract for the purchase of the special use facility know as the Texins' Rod and Gun Club. The Executive Session was adjourned at 10:48 p.m. Reconvene (Agenda Item XIV) The Allen City Council reconvened into regular session at 10:51 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Authorization to Execute A Contract for Purcbsse of Special Use Facility (Agenda Item XV) Mayor Farmer advised that the item before the Council was the authoriz- ation to execute a contract for the purchase of a special use facility, known as the Texins' Rod and Gun Club. Mayor Farmer advised that the floor was open for a motion on the matter. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Glass, the Council voted five (5) for and two (2) opposed, with Mayor Pro Tem Wilson and Councilman Pendleton casting the negative votes, to authorize the execution of the contract for the purchase of the special use facility known as the Texin's Rod and Gun Club in the amount of $930,000, with the following three stipulations: 1. That there be unconditional clean-up of the lead contamination on this site and adjacent property within a time limit; 2. That the fence around the facility be included in the contract price and that the other structures on the site be donated; 3. And that further the Mayor and City Manager be authorized to negotiate the disposition of the other structures. The motion carried. Adjourn MOTION: Upon a motion made by Mayor Pro Tem Wilson and seconded by Councilman Edstrom, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 10:53 p.m., on Thursday, May 19, 1988. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION MAY 19, 1988 These minutes approved on the 2ND day of JUNE , 1988. APPROVED: Jo •armer, MAYOR ATTEST: Marty Hendrix, C C, CITY SECRETARY A Page 15