Loading...
Min - City Council - 1988 - 10/20 - RegularALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 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 6:55 p.m. on Thursday, October 20, 1988, in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Other city staff in attendance included Bill Petty, Director of Community Development. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item II) Mayor Farmer began the review of the Consent Agenda items. Coun- cilman Pendleton requested that Consent Agenda Item VII -C be removed for individual consideration during the regular session. Mayor Farmer reviewed Agenda Item VIII, Oath -of -Office to Newly Appointed Members of the Board of Adjustment, Alternate Place No. 1. City Secretary advised that Barbara Eubanks would be present at the meeting and this would conclude the oaths to be administered from the appointments that were made in the month of September. There was no discussion on this item. Mayor Farmer reviewed Agenda Item IX, Ordinance Declaring the Necessity for Improvements to Main Street, Phases II and III. The Council discussed the proposed ordinance as the procedural process for the construc- tion of Main Street, discussed how the public hearing is conducted and who will attend the hearing. Mayor Farmer reviewed Agenda Item X, Ordinance Approving the Engineer's Role and Setting a Public Hearing Date for Assessment on Adjoining Property for Main Street, Phases II and III. Bill Petty, Director of Community Development, spoke before the Council on the public hearing to be held for this assessment process. The Council also discussed what type of presentation would be made on this item by Conrad Callicoatte, the consulting engineer on this project. City Manager Jon McCarty pointed out the property owners involved in this assessment and how much the city expected to obtain in assessment fees for the roadway improvements. Mayor Farmer reviewed Agenda Item XI, Resolution Authorizing the City to Intervene in a Case Styled, Southwestern Bell Telephone Company Versus the Public Utility Commission of Texas. City Manager McCarty spoke before the Council on the contents of the resolution. He advised of a conference call that had been made by the members of the Council's EAS Telephone Subcommittee, himself, and the city's attorney in Austin regarding this case. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 1988 WORKSHOP SESSION - 6:45 P.M. Page 2 Discussion of Consent Agenda and Regular Agenda Items (cont'd) (Agenda Item II) The Council also discussed if the Attorney General's Office had been contacted as to whether we should intervene in this case, what type of trial this will be whether by judge or a jury; and what type of information can be submitted in the trial. There was further discussion on the information from the city's attorney in Austin that in his opinion Southwestern Bell would not stop at this district court level, if the case is not overturned, but take it on to the next highest court. There was further discussion on the cost estimate for attorneys' fees for this intervening process and the fact that the attorney in Austin was to submit an estimate, just how far in court this issue will go, and the contents and quotes regarding this issue in an article that appeared in "The Allen American". The Council discussed with city staff what will happen if this case is overturned and returned to the Public Utility Commission and how the Public Utility Commission will deal with this case. There was considerable discus- sion on what this issue pertains to and if it is perhaps a constitutional issue. There was further discussion on what good it will do the city to intervene in this case and how the city would be involved in the trial. Mayor Farmer reviewed Agenda Item XII, Authorize Execution of a Contract for Telephone Service and Approve Specifications for Purchase of Telephone Equipment. Councilman Jim Wolfe, Chairman of the Council's Telephone Subcommittee, advised the Council that he would be making a recommendation for his subcommittee. There was no discussion on this item. Mayor Farmer reviewed Agenda Item XIII, Authorize Execution of a Facilities Agreement with the F.M. 2170 Limited Partnership. City Manager McCarty advised that the Director of Community Development would be making the presentation on this item. Mayor Farmer reviewed Agenda Item XIV -A, Council Subcommittee Reports, and advised that the various Council Subcommittee Chairmen would be making their reports on the work of the various subcommittees. Mayor Farmer reviewed Agenda Item XIV -B, Collin County Public Officials Association. He advised of the upcoming meeting. Mayor Farmer reviewed Agenda Item XIV -C, Items of Interest to the Council. City staff advised that they had a couple of items to discuss under this agenda item. Ford Park Concessions (Agenda Item III) City Manager Jon McCarty advised the Council of the problems that had occurred with the concessionaire for Ford Park, James Odell. Mr. McCarty pointed out that Mr. Odell had not paid the city their portion of the commission from the revenues he had received from operating the conces- sionaire for last year, which was approximately $1,000, in accordance with the contract entered into by the city and Mr. Odell. Mr. McCarty stated that the city had changed the lock on the concession building and confiscated Mr. Odell's equipment. Mr. McCarty advised that the city would pursue getting the money from Mr. Odell and would be looking at finding a new person to operate the concessionaire for next year. Update on Naming of the Municipal Complex (Agenda Item IV) Barbara Buehler, Library Director, spoke before the Council on the research that the city staff had conducted regarding historical themes that have affected the social and economic development of early Allen. This research had been done due to the fact that a name for the municipal complex site was needed as soon as possible, and none of the names suggested earlier in the year by the Library Board and Parks and Recreation Board had ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 1988 Page 3 WORKSHOP SESSION - 6:45 P.M. Discussion of Consent Agenda and Regular Agenda Items (cont'd) (Agenda Item II) been endorsed. She advised that those themes were the railroad, cotton trade, the cowboy, the Indian and geographic features. Mrs. Buehler suggested that the City Council pick one of the areas of interest and the city staff would research this area and bring forward a list of names under that particular topic for the Council's consideration in naming the municipal site. There was a brief discussion by the City Council on this suggestion and it was concluded that the Council needed time to review the list of themes and upon completion of that, they would bring forth their recommendation for the research at a future date. There was discussion by the Council with city staff on the work on this project and if the city had considered having a contest on the naming of this site. Council Committee Reports (Agenda Item V) There was not sufficient time to discuss this item during the workshop session. Items of Interest to the Council (Agenda Item VI) There was not sufficient time to discuss this item during the workshop session. 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 7:39 p.m. on Thursday, October 20, 1988, in the Council Chambers of the Allen Municipal Annex. CONSENT AGENDA (Agenda Item VII) At the request of Councilman Pendleton, Consent Agenda Item VII -C, was removed for individual consideration. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Glass, the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: A. Approval of City Council Minutes of October 6, 1988 - Regular Session. B. Authorization to city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. Acquisition Associates $2,025.00 CIP Project No. 75-002-5 Construction of Main Street - Phases II & III - Acquisition of Street Right -of -Way Period: Then September, 1988 2. John L. McCraw, Jr. CIP Project No. 75-002-5 $550.00 Construction of Main Street - Phases II & III - Acquisition of Street Right -of -Way - Special Commissioner in Condemnation Hearing for Street Right -of -Way Ac- quisition from Young Oil Company Period: Thru September 16, 1988 ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 1988 Page 4 CONSENT AGENDA (cont'd) (Agenda Item VU) 3. Luke Laman $550.00 CIP Project No. 75-002-5 Construction of Main Street - Phases II & III - Acquisition of Street Right -of -Way Special Commissioner in Condemnation Hearing for Street Right -of -Way Acquisition from Young Oil Company Period: Thru September 16, 1988 4. Jim Dilts $550.00 CIP Project No. 75-002-5 Construction of Main Street - Phases II & III - Acquisition of Street Right -of -Way - Special Commissioner in Condemnation Hearing for Street Right -of -Way Acquisition from Young Oil Company Period: Thru September 16, 1988 5. Bartex, Inc. $234,546.14 CIP Project No. 55-001-1 Construction of Municipal Complex Infrastructure - Change Orders Period: Thru September 27, 1988 6. TMC Foundations $39,531.31 CIP Project No. 40-001-1 Construction of Police & Courts �r Building - Contractor Period: Thru September 30, 1968 D. Schedule of Taxes Receivable as of September 30, 1988. E. Resolution No. 885-10-88(R): A Resolution by the City Council of the City of Allen, Collin County, Texas, Auth- orizing an Adjustment to the 1987 Tax Roll. The motion carried. End of Consent Agenda Resolution No. 886-10-88(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorising and Directing the City Manager to Enter a Plea of Appeal in the Name of the City of Allen, of the Amount of Damages Awarded in the Decision of Special Commissioners on the 16th Day of September, 1988, in the Condemna- tion Proceedings of the City of Allen, Texas, Vs. Joe B. Young, Inc., and Authorizing and Directing the City Manager to Deposit With the Court in the Name of the City of Allen, $390,000.00 and to Take (Consent Agenda Possession of the Condemned Property. Item VII -C) Councilman Pendleton advised the Council that he had requested that this item be removed for individual consideration due to the fact that he felt the city should not adopt this resolution, but should accept the offer that was rendered at the condemnation hearing and not spend any more money on this item. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 1988 Page 5 (Consent Agenda Resolution No. 886-10-88(R) (cont'd) Item VII -C) Mayor Farmer advised of the background information on the condemnation of property for street right-of-way which was owned by Joe B. Young, Inc., located at the corner of U. S. 75 and McDermott. Mayor Farmer advised of the award made by the special commissioners in the recent condemnation hearing in the amount of $390,000.00 to be paid by the city for this property. There was considerable discussion by the Council on the results of the award by the special commissioners at the condemnation hearing and the need for the city to try and get the award reduced. There was also discussion on the fact that in the next hearing the amount could be raised. The Council discussed going forward with the adoption of the resolution, when the land appraisals were done on the property, how much of the property was being taken for street right-of-way, and if a new appraisal would be done on the property before the next hearing. Bill Petty, Director of Community Development, spoke before the Council on the new appraisal, what the average payment per square foot was paid on the other parcels purchased in this right-of-way acquisition, the proposed damage to the property for taking of the right-of-way, and the elimination of the business at this location. There was further discussion by the Council on the market values in the city at the present time. MOTION: Upon a motion made by Councilman Wolfe and seconded by Councilman Wilson, the Council voted six (6) for and one (1) opposed, with Councilman Pendleton casting the negative vote, to approve and adopt Resolution No. 866-10-88(R). The motion carried. Oath -of -Office to Newly Appointed Member of the Board of Adjustment, Alternate Place No. 1 (Agenda Item VIII) City Secretary Marty Hendrix administered the oath -of -office to the newly appointed member to Alternate Place No. 1 on the Board of Adjustment, Barbara Eubanks. Ordinance No. 887-10-88: An Ordinance of the City of Allen, Collin County, Texas, Declaring the Necessity For and Offering the Paving Improvement of a Portion of Existing and Future F.M. 2170, Further Described as Being Portions of McDermott Drive, Dogwood Street, and Main Street, Said Portions Being Hereinafter Described and in the City of Allen, Collin County, Texas. Approving the Plans and Specifications for Such Work Authorizing the City Manager to Advertise for Bids, and Directing the Preparation of Estimates, Invoking the Procedure Provided by Article 1105(b) V.C.S.; Determining That a Part of the Costs Shall Be Borne By the Abutting Properties and the Owners Thereof; Providing for the Assessment of the Portion of the Costs to Be Borne by Property Owners, and For the Fixing of a Lien to Secure Payment of Such Assessments; Stating the Time and ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 1988 Page 6 Ordinance No. 887-10-88 (cont'd): Manner Proposed for Payment of All Such Costs; Authorizing the City Secretary to Cause a Notice of the Adoption of This Ordinance to Be Filed in the Land Records of Collin County, Texas; and Providing for an Effective Date. (Agenda Item IX) Bill Petty, Director of Community Development, spoke before the Council on the proposed ordinance which declared the necessity for and offered the paving improvement of a portion of the existing and future F. M. 2170, further described as being portions of McDermott Drive, Dogwood Street, and Main Street. Mr. Petty advised that the ordinance also approved the plans and specifications for the work; authorized the advertisement for bids, directed the preparation of estimates and invoked the procedure for the assessment of a portion of the costs to be borne by the adjoining property owners. Mr. Petty advised that the city staff's recommendation was to adopt the ordinance as presented. Mr. Petty advised that the city's consulting engineer, Conrad Callicoatte, with Graham Associates, was in the audience if the Council had any questions. The Council discussed with Mr. Callicoatte the design of the bridge crossing across Cottonwood Creek and what had been resolved in that matter, the phasing of the bridge construction, how the traffic would be routed on the bridge while it is under construction and how it will be routed for other parts of the roadway construction, the length of construction time for this project, and the proposed starting date. MOTION: Upon a motion made by Councilman Pendleton and seconded by Councilman Womack, the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 887-10-88, in accordance with the city staff's recommendation, and as captioned previously. The motion carried. Ordinance No. 888-10-88: An Ordinance of the City of Allen, Collin County, Texas, Approving and Adopting the Written Statement and Report of the Consulting City Engineer Showing the Estimates of the Total Cost of All Improvements, the Estimates of the Costs Per Front Foot Proposed to Be Assessed Against the Abutting Property and the Real and True Owners Thereof and the Estimates of Various Other Costs, for the Improving of a Portion of Existing and Future F.M. 2170 Containing Portions of McDermott Drive, Dogwood Street, and Main Street, in the City of Allen, Texas, Within the Limits Hereinbelow Described and of Other Matters Relating Thereto; Deter- mining and Fixing the Portion Said Costs and the Rate Thereof Proposed to be Assessed Against and Paid By Abutting Property, and the Real and True Owners Thereof and the Portion of Said Costs Proposed to be Paid by the City of Allen, Texas; Determining the Necessity of Levying an Assessment Against Said Abutting Property, and the Real and True Owners Thereof, for the Part ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 1988 of Said Costs Apportioned to Them; Ordering and Setting a Public Ordinance No. 888-10-88 (cont'd): Hearing at 7:09 O'Clock P.M. on the 10th Day of January, 1989, in the Page 7 City Council Chambers of the City Council in the Municipal Annex Building of Allen, Texas, as the Time and Place for the Hearing of the Real and True Owners of Said Abutting Property and All Others Interested in Said Abutting Property or in the Proceedings and Contracts Concerning Said Assessment and Improvements; Directing the City Secretary of � the City of Allen, Texas, to Give Notice of Said Hearing as Required by the Laws of the State of Texas and the Cbarter of This City; and Providing an Effective Date. (Agenda Item R) Bill Petty, Director of Community Development, spoke before the Council on contents of the proposed ordinance which contains the engineer's role and the cost estimates for construction; the schedule for the letting of bids on the project, the award of the bid, and the public hearing on the assessment. Mr. Petty advised the Council of the assessment to be rendered for this construction and the availability of budget funds from the county and the state to help with the cost of this construction. Mr. Petty advised of the preparation of the enhancement appraisal study. Mr. Petty advised that the city staff's recommendation was to adopt the ordinance as presented. Mr. Petty then reviewed the public hearing process and made a recom- mendation on several dates for the public hearing to be held. Those proposed dates were January 10, or 11 or 17. Conrad Callicoate, the city's consulting engineer, spoke before the Council on the engineer's role and the estimated construction cost as follows: Construction Cost Estimate $2,250,000.00 Add 10% Contingency 225,000.00 Subtotal $2,475,000.00 Estimated Landscaping Cost 346,201.00 Estimated Street Lighting 43,000.00 Railroad Crossing 300,000.00 Engineering and Architectural Fees 205,500.00 Total Estimated Cost $3,369,701.00 Mr. Callicoate advised that this cost did not include the improvements for Butler Drive, the portion which is south of Main Street and north of McDermott. Mr. Callicoate advised that this item was going to be bid as an add-on alternate and is estimated to cost around $34,000. The Council discussed with Mr. Callicoate if the portion of Butler was also going to be assessed. i Mayor Farmer reiterated the contents of the ordinance and discussed 4/ with the City Council the appropriate date and time for the public hearing on the street assessment. It was concluded by the Council that the hearing should be held at 7:00 p.m. on Tuesday, January 10, 1989. 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 and adopt Ordinance No. 888-10-88 to include the date of the public hearing to be Tuesday, January 10, 1989 at 7:00 p.m., in accordance with the city staff's recommendation, and as captioned previously. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 1988 Page 8 Resolution No. 889-10-88(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Authorizing the City's Legal Counsel to File for Intervenor Status in the Case of Southwestern Bell Telephone Company vs. Public Utility Commission of Texas in the District Court of Travis County, Texas, and to Direct the City Manager to Mork With Legal Council in All Matters Related Thereto. (Agenda Item XI) Mayor Farmer advised the Council of the contents of the proposed resolution which would place the City of Allen as an intervenor in the case of Southwestern Bell Telephone Company versus the Public Utility Commission. Councilman Jim Wolfe, Chairman of the Council's Telephone Subcommittee, spoke before the Council on the committee's unanimous recommendation that this resolution be adopted in order to protect the city's interest in this case and the implementation of Extended Area Service (EAS) in the City of Allen. Mayor Farmer advised of the Council Subcommittee's conversations with the city's attorney, Andy Kever, in Austin, on this matter. MOTION: Upon a motion made by Councilman Wolfe and seconded by Coun- cilman Pendleton, the Council voted for seven (7) for and none (0) opposed to approve and adopt Resolution No. 889-10-88(R). The motion carried. Authorize Execution of a Contract for Telephone Service and Approve Specifications for Purcbase of Telephone Equipment (Agenda Item XII) Police Chief Richard Carroll spoke before the Council on the proposed telephone system for the municipal complex site. Chief Carroll distributed handout information to the Council which contained information on the work that had been done as a result of the telecommunications study that had been conducted by Ken Nelson, the cost analysis for the proposed plexar system and equipment, a list of benefits of the new system, and the telephone listing of the departments with the new direct inward dialing numbers. Chief Carroll reviewed the documentation with the Council. There was considerable discussion by the Council on the cost of the equipment, the number of metro lines being reduced to four and how that number was determined, and the listing of the direct inward dialing numbers. Councilman Wolfe explained in detail the concept of the plexar system and its capabilities for the city as the city grows. There was considerable discussion on how the direct inward dialing system would work and the need for a central switchboard operator and the impact of the system on the departments and how the telephones will be answered. There was also considerable discussion on the telephone listings. The Council briefly discussed the recommendation to lease the equipment rather than out right purchase or the lease/purchase option. MOTION: Upon a motion made by Councilman Glass and seconded by Councilman Edstrom, the Council voted seven (7) for and none (0) opposed to authorize the city staff to negotiate and execute a contract with Southwestern Bell Telephone for the Plexar service and to authorize the city staff to execute a contract with Southwestern Bell Telecom for the leasing of necessary telephone equipment providing that both contracts be reviewed by the Council Telephone Subcommittee prior to the execution of the contracts by the City Manager. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 1988 Page 9 Mayor Farmer recessed the regular session of the Allen City Council at 9:01 P.M. The meeting reconvened at 9:11 p.m. Authorize Execution of a Facilities Agreement with the F. M. 2170 Limited Partnership (Agenda Item XIII) Bill Petty, Director of Community Development, spoke before the Council on the proposed facilities agreement for the offsite water and sewer construction and street improvements for "The Woods" Subdivision. Mr. Petty reviewed the contents of the facilities agreement and advised of the escrowing of funds for the roadway improvements. There was discussion by the Council regarding the accumulation of interest on the escrowed funds and how the city can do this and if this had been included on other facility agreements. MOTION: Upon a motion made by Councilman Womack and seconded by Councilman Wilson, the Council voted seven (7) for and none (0) opposed to authorize the city manager to execute the facilities agreement as presented with the F.M. 2170 Limited Partnership. The motion carried. Council Subcommittee Reports (Agenda Item XIV -A) Mayor Farmer advised that the Chairmen of the Council Subcommittees would now make their presentation on the activities of their various committees. Councilman Rex Womack advised that there was nothing to report at this time on the work of the Finance/Administration Subcommittee other than the information that had been sent out to the Council in their agenda packets. Councilman Jim Wolfe advised the Council of the recent meeting of the Development Subcommittee and the proposed document to be produced from the discussion at that meeting. Mayor Pro Tem Wilson advised the Council that they have scheduled a meeting for November 2 and will be discussing in depth the paramedic program. He advised that they will be having some guest speakers from the City of Plano Paramedic Program and from Plano General Hospital. He pointed out that another meeting had been scheduled for November 9 in order to discuss their second priority item, which is economic development. Mayor Pro Tem Wilson advised that members of the Economic Development Alliance will be present at that meeting. This item was received as a matter of information. There was no action taken on this item. Collin County Public Officials Association (Agenda Item XIV -B) City Secretary Marty Hendrix advised the Council of the upcoming meeting of the Collin County Public Officials to be held on Thursday, October 27, at 6:30 p.m, at the Holiday Inn in McKinney and encouraged the Council Members to attend and turn in their reservations to her. 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 XIV -C) •City Manager Jon McCarty advised the Council of the success of the recent United Way Campaign and reported that to date $81,315.00 had been raised in funds and this represented a 122% of the goal for this year. ALLEN CITY COUNCIL REGULAR SESSION OCTOBER 20, 1988 Page 10 Items of Interest to the Council (cont'd) (Agenda Item XIV -C) •City Manager McCarty advised the Council of an article that had appeared in a section of "The Dallas Morning News" regarding the Jupiter Road Water Corporation. Mr. McCarty advised of the location of the residents that were on this water system and that they were in the City of Plano, how the City of Allen had provided them with water for several years since the City of Plano does not have a water line in at area, how the City of Plano will now take over the water system, maintain it, read the meters and bill the customers for this water, and will purchase the water from the City of Allen. These items were received as a matter of information. There was no action taken on these items. Executive Session (Agenda Item XV) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Section 2 (e), (f), and (g), the Allen City Council convened into Executive Session at 9:30 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen,Texas, in order to discuss matters pertaining to the selection of the Parks and Recreation Director, purchase of the parks special use facility, and the City Council employee evaluations. The Executive Session was adjourned at 11:58 p.m. Reconvene and Consider Items Discussed During Executive (Agenda Item XVI) There were no items to be discussed or acted upon by the Council at this time. Adjourn The Allen City Council reconvened into regular session at 11:59 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. MOTION: Upon a motion made by Councilman Glass and seconded by Councilman Edstom, the Council voted seven (7)for and none (0) opposed to adjourn the regular session of the Allen City Council at 11:59 p.m. on Thursday, October 20, 1988. The motion carried. These minutes approved on the 2nd day of November, 1988. APPROVED: �6* �Qt.nttl_ J e Farmer, MAYOR ATTEST: N�ilV`� Marty Hendrix, C, CITY SECRET Y