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HomeMy WebLinkAboutMin - City Council - 1995 - 04/06 - RegularALLEN CITY COUNCIL REGULAR MEETING APRIL 6, 1995 Present: Joe Farmer, Mayor Councilmern : Kevin Lilly, Mayor Pro Tem David Kerr David Bishop Mike Nichols Steve Terrell Sharon Hamner City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Farmer at 633 p.m. on Thursday, April 6, 1995, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Oven Council Discussion (Agenda Item II) Discussion was held regarding the Belz Outlet Mall as an economic development possibility Additional discussion will be held regarding the upcoming Spring Planning Session during other business of the regular meeting. Council was informed that L. C. Summers is in the North Texas Rehabilitation Center and appears to be in critical shape with cancer of several major organs. Council was informed that the wife of an Allen firefighter attempted suicide recently and is in critical condition. A letter was distributed to Council regarding a fee charge at a recent softball tournament. It was suggested that the author of the letter also pen a similar letter to the Allen American so that the citizens are aware that the City had no responsibility regarding this item. ALLEN CITY COUNCIL WORKSHOP SESSION APRIL 6, 1995 Discussion of Consent Agenda and Reindar Aeenda Items PAGE 2 (Agenda Item III) Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Agenda Item IV, Consent Agenda, Item D, Tabled Item: Set April 20, 1995, as a Public Hearing Date for a Request to Amend the Current Zoning for Morningside. Although there has not been any progress on this item, it was felt that the City needed to take a lead and set the public hearing date for May 4. Discussion was held regarding Agenda Item VI, Citizen's Comments. It was suggested that citizens are becoming increasingly more concerned about the Watters Crossing entrance. Public Works Director George Conner indicated that contact has been made to the Texas Department of Highways and the construction of the signal is in the program with the department along with several others in the area. The Development Subcommittee was asked to put this on their "punch list" and see if the City could find somebody to help with construction in order to make this a safer intersection. However, James Huffman needs to be notified regarding our intent regarding Watters Crossing. Council was informed of a private swim program in Allen which has had contact with our City due to a complaint last year. The City Manager was requested to look into the situation to see if there is indeed a problem and to see how it can be resolved. Council was also notified that someone may be at the Council meeting tonight to discuss a possible noise ordinance. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed at 7:25 p.m. on Thursday, April 6, 1995. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Farmer at 7:35 p in on Thursday, April 6, 1995 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item IV) MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the Consent Agenda with an administrative change regarding Agenda Item IV, Consent Agenda, Item D, Set April 20, 1995, as a request to amend the current zoning for Morningside. An administrative change has been made in the date of the public hearing to conform to state law to be held on May 4, 1995 as recommended and as follows: A. Approve Minutes of Much 15, 1995, Regular Meeting. ALLEN CITY COUNCIL REGULAR SESSION APRIL 6, 1995 PAGE 3 B. Approve and Award Bid to Frazer, Inc. for an Amount of $78,220 for New Ambulance. Council authorized Staff in accordance with Services Subcommittee recommendation to award the bid for a new ambulance to Frazer, Inc., Houston, Texas, for an amount not to exceed $78,220. C. Approve an Ordinance Adopting and Enacting Supplement Number 7 to the Code of Ordinances. Ordinance No. 1327-495: An Ordinance of the City of Allen, Collin County, Texas, Adopting and Enacting Supplement Number 7 to the Code of Ordinances for the City of Allen; Providing a Severability Clause; Providing a Penalty for Such Violation Thereof; and Providing When Such Supplements and this Ordinance Shall Become Effective. D Tabled Item: Set April 20, 1995, as a Public Hearing Date for a Request to Amend the Current Zoning for Morningside. An administrative change was made to schedule the public hearing date for a request to amend the current zoning for Morningside to be held May 4, 1995 to conform to state law E. Award Bid of $82,403 30 and Authorize the City Manager to Enter into a Contract with Bill Hazelwood, Inc. for Installation of Water Main for TRW Complex. Council authorized City Manager Jon McCarty to enter into a contract with Bill Hazelwood, Inc. for installation of a water main for TRW complex with a bid of $82,403.30. F Authorize City Staff to pay bills associated with the 1985 Capital Improvement Program as follows 1. Kimley Horn & Associates, Inc. $7,905.00 For: McDermott Alignment Study Street Assessments Period: Than February 28, 1995 2. Kimley Horn & Associates, Inc. $7,995.75 For: Exchange Parkway Alignment Street Assessments Period: February 22, 1995 3. Southern Telcom & Computer Systems $2,494.90 For: Library Additions 1985 Interest Earned Bond Funds Period: April 1995 ALLEN CITY COUNCIL REGULAR SESSION APRIL 6, 1995 PAGE 4 4. Ameritech $3,245.00 For: Library Automation 1985 Interest Earned Bond Funds Period: March 1995 5. Commercial Finish Group $271,001.92 For Recreation Building Facilities 1992 Park Bonds Period: Thru April 1, 1995 G. Award Bid of $20,825 and Authorize the City Manager to Enter into a Contract with Dodson Contractors for City Hall Interior Improvements. Council authorized City Manager Jon McCarty to enter into a contract with Dodson Construction for City Hall Interior Improvements with a bid of $20,825. H. Award Bid of $91,680 and Authorize the City Manager to Enter into a Contract with Sperling Company for Utility Bids for the Bethany Lakes Recreation Facility Council authorized City Manager Jon McCarty to enter into a contract with Sperling Company for water and sewer utilities for Bethany Lakes with a bid amount of $91,680. I. Approve an Order Tolling the Rate Filing by TCI Cablevision of North Texas. In accordance with Ordinance No. 1218-2-94, Staff recommends that the Council "toll' the proposed maximum rates opposed by TCI for 90 days. Council Committee Reports (Agenda Item V) Development: No report Services: r Allen Recreation Center and Pavilion r Juvenile Delinquency Reduction Program Finance/Administration: r Purchase of park land property through third -party trust r Spring Planning Session Billing for ambulance transport TCI Cable L ALLEN CITY COUNCIL REGULAR SESSION APRIL 6, 1995 PAGE 5 Mayor's: Council agenda Highway Commission report Gated communities Grant award for police department Spring Planning Session Citizen's Comments (Agenda Item VI) Phil Hamilton, 409 Ellis, Allen, Texas, spoke before the Council regarding quality of life in Allen and the need for a noise ordinance. Mr. Hamilton was informed that Staff will consider this item. Randy Hindman, 924 Hawthorne, Allen, Texas, spoke before the Council regarding a drainage issue off SH 5 which causes electrical power in his area to go off when it rains. Transformer cables seem to be under water due to improper drainage. City Manager Jon McCarty was informed of this item and will research it with Staff. Rod Parr, 914 Wandering Way, Allen, Texas, spoke before the Council regarding numerous items including noise, retail, 1/20 sales tax, car wash, and BFI. Janet Tilford, 711 Pebblebrook Drive, Allen, Texas, spoke before the Council regarding her inability to provide swim lessons in her backyard pool for residents due to certain City requirements dealing with parking and health. The City Manager will research this item and get back with her. Consider Resolution Supporting Collin County Bond Proer of Election May 6. 1995 (Agenda Item VII) The last successful Collin County Bond Program was held in 1983. A committee with representatives from Allen including E. T Boon, Jack Pennington, Jerry Wilson, and Don Brazeal reviewed projects for the Collin County Bond Program. Among those projects for Allen is partial funding for FM 2170 both east and west. This is a major program for the City of Allen. Resolution No. 1328-4-95(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Supporting the Bond Program Called by the Commissioner's Court for May 6, 1995. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1328-4-95(R) as previously captioned and in accordance with Mayor's Subcommittee recommendation. The motion carried. Council took a brief recess. ALLEN CITY COUNCIL REGULAR SESSION APRIL 6, 1995 PAGE 6 Review and Approve Contract for Consultant Services with RAM Software Systems. Inc. for the Police Communications System (Agenda Item VIII) This communication system upgrade is a CIP project approved in the 1994 bond program. As part of this process, a computer consultant is needed to assist with the design of the system, preparation and review of RFP(s) and overseeing the installation of equipment and software. This system would build a basic groundwork for future "in car" computer or display models If, however, further services are needed beyond the scope of this contract, the Council will see the information again and be able to review and approve such an addition. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Nichols, the Council voted seven (7) for and none (0) opposed to authorize the City Manager to enter into an agreement with RAM Software, Inc for consulting services for the communication system upgrade CIP project. The motion carried. Consider Juvenile Delimmencv Reduction Plan (Agenda Item IX) Police Chief Richard Carroll distributed an outline being used this evening for the Juvenile Delinquency Reduction Program. It has been determined that crimes typically committed by juveniles has risen significantly over the past two years. Many of these crimes have occurred at a time that could be impacted by a curfew At the present time, many cities already have a curfew ordinance similar to the one being proposed by the City of Allen. There are definite "pros" and "cons" for all parties involved including juveniles, parents, citizens and the police department. A citizens' committee was formed to research this information which included a cross-section of the community including high school students Several conclusions reached by the committee are listed below JUVENILES — Positive Juveniles would have less opportunity to have unsupervised and idle time that often leads to criminal conduct. JUVENILES — Negative Juveniles will see this ordinance as a form of tyranny against them. They will perceive their rights as being violated. Juveniles could incur costs due to fines for violations. PARENTS — Positive Parents will need to take a more active role in the behavior of their youth. Parents could have greater information concerning their youths' whereabouts and activities. PARENTS -- Negative Parents could be held responsible for the behavior of their youth. Parents might incur costs based upon the behavior of their juveniles. Parents might perceive that their youth have been labeled and targeted. CITIZENS — Positive Citizens might perceive a greater sense of security Citizens would perceive the ordinance as an expedient means to thwart juvenile crime. 1 CITIZENS -- Negative Citizens might perceive a lack of application of other laws due to the initial enforcement of a curfew ALLEN CITY COUNCIL E'! REGULAR SESSION APRIL 6, 1995 PAGE 7 POLICE -- Positive It might gain a greater morale among officers by providing another tool to use against juvenile crime. It might provide a greater positive perception of the police department by the citizens. POLICE -- Negative Complaints against officer might increase due to the enforcement of the ordinance. Key points of the ordinance were reviewed, point by point. The Council was informed that Dallas has an ordinance nearly identical to the one before them tonight which was tested in court and has been upheld. It was stressed that discretion would be used in dealing with the juveniles. Once a potential violation is observed, the police department will evaluate their options and deal with it in an appropriate manner which might include: send juvenile directly home, transport juvenile home and contact parents, request parents to retrieve juvenile at location, issue citation and take juvenile home, actual detention and arrest and require parents to pick up. Martha McKee, 603 Bush, Allen, Texas, spoke in opposition to the curfew ordinance stating her right as a parent to allow her child longer than the normal curfew hours would be violated. Her authorization would break the law and go against stipulations in the curfew ordinance. Kathy Chenoweth, 213 Wildwood, Allen, Texas, spoke in opposition to the ordinance and indicated she did not appreciate 'lumping" the minority problem students in with the "good" kids. She felt parents needed the latitude to reward good students with additional freedom. Carolyn Latimer, 212 Nob Hill, Allen, Texas, spoke in opposition to the ordinance and indicated she felt that we needed more community involvement on this issue before adopting it. Joe Chenoweth, 213 Wildwood, Allen, Texas, spoke in opposition to the ordinance and distributed a research paper his son had done on the subject on a recent date. Police Chief Richard Carroll reviewed the juvenile Justice recommendations with the Council. Although many years ago most of the juvenile offenses dealt with minor property crimes, the same is not true today The average stay today of the Texas Youth Commission is three to six months and even then, these are mostly violent offenders. The rule, rather than the exception, is that they are returned to their parents with little consequence of their actions. It was agreed that something definitely needs to be done regarding the juvenile justice reform. Resolution No. 1329-495(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Concluding that the Current Juvenile Justice System is in Need of Reform and Supporting the Recommendation of the Texas Police Chief's Association Regarding Juvenile Justice Reforms. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Bishop, the Council voted seven (7) for and none (0) opposed to approve Resolution No. 1329-495(R) as previously captioned and in accordance with Services Subcommittee recommendation. The ' motion carried ALLEN CITY COUNCIL REGULAR SESSION APRIL 6, 1995 PAGE 8 Information was presented to the Council regarding the "First Offender Program" which is designed to redirect the juvenile's behavior pattern, to provide an alternative sentencing structure to the established court setting, and to establish values for the repayment of debt to society The juvenile must be a first offender and be a willing participant of this program. It was suggested that community service be used as punishment in lieu of a fine for an attempt of criminal trespass, criminal mischief, disorderly conduct (except fighting), theft and truancy The following offenses will receive a referral for drug counseling which include minor in possession, possession of drug paraphernalia, and public intoxication. These offenses will receive a referral for conflict resolution counseling which include assault and disorderly conduct (fighting). This is designed to redirect one's behavior. Discussion was held regarding the City's liability during a community service project and the fact that the judge is not really involved in the offense but rather the police department. A comment was made regarding current court-appointed volunteers and the difference it does make in the person's life to turn them around and give them some self-assurance and self-confidence. It was agreed that this item needed to be studied in more detail. Council discussed the original curfew ordinance and had comments and queries regarding business establishment responsibilities, guardians, interstate travel, which organizations might be responsible for the minors. Council requested to see the exceptions in other city ordinances and how they are able to deal with the "good" kids in the community It was also suggested that additional public input be held for citizens' comments. A question was posed as to the City of Allen actually having a juvenile delinquency problem by looking at the statistics of the juveniles in custody and the juvenile crime. The ordinance itself does not allow or stipulate for any discretion and this matter needs to be clarified The ordinance also needs to be gender neutral. Council chose to take no action on the ordinance establishing curfew for minors or the "first offender" program as presented this evening. Further discussion in detail has been requested on each of these items. Council took a brief recess. Other Business Presentation to Highway Commission (Agenda Item X) (Agenda Item X -A) Mayor Pro Tem Lilly indicated that detailed work for a presentation to the commission would be upcoming involving community support. Legislative Report (Agenda Item X -B) Michael Stanger, Assistant to the City Manager, reviewed Ashley's Laws, unfunded mandates, telecommunications and HB 663 regarding requirement of majority of the registered voters to repeal civil service within a community 11 ALLEN CITY COUNCIL REGULAR SESSION APRIL 6, 1995 PAGE 9 Calendar (Agenda Item X-C) April 7 & 8 Spring Planning Session April 17 Early voting Items of Interest (Agenda Item X -D) There were no items of interest. Executive Session (Agenda Item XI) In accordance with The Texas Local Government Code, Personnel, Section 551.074, the Allen City Council convened into Executive Session at 11 40 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to vacancies on Planning and Zoning Commission and other personnel appointments. The Executive Session was adjourned at 1:03 a.m. Reconvene (Agenda Item XII) The Allen City Council reconvened into regular session at 1:04 a.m. on Friday, April 7, 1995, in the Council Chambers of the Allen Municipal Annex. The Boards and Commission Interview Committee placed the following names as a slate of nominations for the specific places on the following board. Plannine and Zoning Commission Place No. 1 - Susan Banlemay Place No. 5 - Bruce Heller Both terms expire September 30, 1995. MOTION: Upon a motion made by Councilmember Hamner and seconded by Councilmember Kerr, the Council voted seven (7) for and none (0) opposed that the nominations cease and that the slate of individuals previously nominated be appointed by acclamation to the designated places on the Planning and Zoning Commission. The motion carried Adiourn (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Nichols and seconded by Councilmember Terrell, the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council at 1.10 a in. on Friday, April 7, 1995 The motion carried. ALLEN CITY COUNCIL REGULAR SESSION APRIL 6, 1995 These minutes approved on the 20th day of April , 1995 APPROVED: �C£P �Layu.Gc� `Joe Farmer, MAYOR ITM �- JuorrisdW CMC, CITY SECRETARY PAGE 10