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HomeMy WebLinkAboutMin - City Council - 1996 - 01/04 - RegularALLEN CITY COUNCIL REGULAR MEETING JANUARY 4, 1996 Joe Farmer, Mayor (absent) Kevm Lilly, Mayor Pro Tem David Kerr Doug Gallagher (absent) Mike Nichols (absent) Steve Terrell David Bishop citxStBf[c Jon McCarty, City Manager Judy Morrison, City Secretary I J 1910 31 M4101 A 1 ' With a quonun of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Pro Tem Lilly at 6:31 p.m. on Thursday, January 4, 1996, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. (Agenda Item ID City Manager Jon McCarty, George Conner, Director of Public Works, and Jimmy Knipp, Superintendent of Public Works, presented a tenure pin and Certificate -of -Appreciation to the wife of Roger Booth who passed away prior to his receiving of those items. A lawsuit has been filed with the Police Department which will be discussed during the Executive Session. Bdl Petty, Director of Community Development, reviewed possible proposed properties to be annexed into the City of Allen. The properties in question as presented which totaled approxunately 683 square acres is land that may presently or very near in the future require City services. It would only be a matter of time before these services would be requested by the City Through comprehensive planning and zoning, this property could be developed in an orderly manner if it were within the City of Allen. Annexation of this land would also protect adjoining property owners in the community The only down -side to a unilateral annexation is the possibility if r ALLEN CITY COUNCIL i WORKSHOP SESSION JANUARY 4, 1996 PAGE 2 services are not provided within the prescribed amount of time, owners may request disannexation at which time annexation could not reoccur for five (5) years. Council did not feel this was a real possibility Discussion was held regarding the intent of the Council to actually annex all the ETJ south of FM 2170 between US 75 and Custer Road. A meeting will be set up with Mrs. McDermott to possibly include the Mayor, Mayor Pro Tem, and Councilmember Terrell to discuss the City's intent. Staff will proceed with the paperwork to include the entire southwest side of the City Discussion was held regarding trash pick-up schedule for Mondays due to the holiday schedule whereby trash was actually picked up on Saturday Citizens were not properly notified and Staff was encouraged to address this problem in the future so that BFI customers will be notified of proper trash pick-up days Council was informed that Wmdsong Apartments have received building plans — this apartment complex is located north of Brookshire's on SH 5. Discussion of Consent Agenda and RegWar Agenda Items (Agenda Item II1) Mayor Pro Tem Lilly began the review of the Consent Agenda items. It was suggested by Council that TU Electric be included in the "boring" project under US 75 to use the casing or a similar casing for electrical wiring underneath US 75 Discussion was held regarding Agenda Item V, Council Committee Reports There will be no Council committee reports this evening. Discussion was held regarding Agenda Item, VI, Citizen's Comments. There may be an individual here to discuss blocking of streets and roller blading in the street. Discussion was held regarding Agenda Item VII, Tabled Item: Consider Fire Code Amendments. Council suggested that the Board of Adjustment review the sprinkler portion of the Fire Code Amendments and return to Council with a report at a later date. Discussion was held regarding Agenda Item VIII, Consider an Ordinance Regulating Firearms in City Facilities. The ordinance regulating firearms prohibits all firearms in the City facilities other than peace officers, prohibits City employees to bring handguns to City facilities, and defines who is able to carry handguns in City parks. Discussion was held regarding Agenda Item IS, Discuss Issues Related to the Proposed Half -Cent Sales Tax Election Council will review the proposed one-half cent sales tax election but will discuss it at a later date. With no further discussion on the agenda, the workshop session of the Allen City Council was recessed /i"1 at 7:27 p.m. on Thursday. January 4, 1996 ALLEN CITY COUNCIL REGULAR MEETING JANUARY 4, 1996 PAGE 3 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 Pro Tem Lilly at 7.38 p.m. on Thursday, January 4, 1996 in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas CONSENT AGENDA (Agenda Item IY) MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Bishop, the Council voted four (4) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A Approve Minutes of December 21, 1995, Regular Meeting. B. Approve Bid and Authorize Execution of a Contract to Construct a Water Line Under US 75 to Bethany Council authorized the City Manager to execute a contract with Murray Construction Co. in the amount of $321,008 40 and authorize an additional $15,000 of Water and Sewer Bond Funds for this project The new budget for this project will be $361,515. E C. Tax Report D Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement Program as follows. 1. RAM Software Systems, Inc. $748.75 For Review proposals, etc. 1994 Bonds Period: November 28 -December 12, 1995 2. Kimley Horn & Associates, Inc. $253 77 For: Exchange Parkway West Alignment Study Street Assessments Period November 30, 1995 3. XIT Paving & Construction, Inc. $105,823.91 For Paving & Drainage Improvements for Allen Heights Drive 1985 Existing Street Bond Funds Period: December 30, 1995 4. Haire Hanks Community Newspaper $8250 For: Advertising Construction on Whisenant Project Street/Drainage Bonds Period. through November 28. 1995 ALLEN CITY COUNCIL REGULAR MEETING JANUARY 4, 1996 PAGE 4 5 Hinkley & Barfield, Inc. $5,800.00 For. Engineering and Survey Services for Preparation of Construction Documents Water/Sewer Bonds Period: thm November 7, 1995 6. Espey, Huston & Associates, Inc. $79,498.62 For: FM 2170 (US 75 to Custer Road) Engineering Services Facility Agreement (Twin Creeks) Period. November 19 - December 16, 1995 7 Signs Direct, Inc. $225.00 For. Construction on Whisenant Project Street/Drainage Period: November 3, 1995 8. Hunter Associates, Inc. $3,852.23 For: Field Study and Professional Engineering Services for Allen Heights Drive 1985 Existing Street Bond Funds Period. November 30 - December 21, 1995 9 Hinkley & Barfield, Inc $2,150.00 For: Engineering and Survey Services for Preparation Of Construction Documents. Water/Sewer Bonds Period: November 7 - December 20, 1995 10. Collin County Tax Assessor Collector $126.68 For. Taxes Paid for Carter and Martin Tracts 1985 Existing Street Bond Funds Period: December 20, 1995 11. Allen Tax Office $801.99 For: Taxes Paid for Carter and Martin Tracts 1985 Existing Street Bond Funds December 20, 1995 12. Texas Commerce Bank $15000 For 1995 Water and Sewer Bond Sale Agent Acceptance Fee 1995 Water and Sewer Bonds Period: October 1995 ALLEN CITY COUNCIL REGULAR MEETING JANIZARY 4, 1996 PAGE 5 13. H L. Zumwalt Construction $28,973.05 For: Ford Park Renovations 1994 Park Bonds Period. December 6, 1995 14. A New Deal Irrigation $6,097.00 For: Irrigation System Double Check Repairs 1994 Park Bonds Period September 27, 1995 The motion carried. End of Consent Attenda Council Corninittee Reports (Agenda Item V) There were no Council committee reports City Manager Jon McCarty and Mayor Pro Tem Lilly presented a tenure pin and a Certificate -of - Appreciation to Ron Gentry, Fire Chief, for his 25 years of service to the City of Allen. Citizen's Comment (Agenda Item VI) Garland Hines, 1203 Sandy Creek, Allen, Texas, requested assistance from the City regarding blocking the street with hockey goals to play hockey on roller skates in the 1000 block of Sandy Creek. The City Manager was instructed by Council to resolve this situation and to report to Mr. Hines and the Council the resolution of this issue (Agenda Item VII) MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Bishop, the Council voted four (4) for and none (0) opposed to remove Agenda Item VII, Tabled Item: Consider Fire Code Amendments from the table. The motion carried. Due to the complexity of this issue, Council requested the Board of Adjustment to study the sprinklered provision in the ordinance, receiving input from citizens and cities alike, and bring a report back to the Council at a later date. Although this is generally outside the realm of their specific duties of Board of Adjustment members, since they are a lay -board appointed by the Council and would not be making a specific decision or recommendation but merely bringing back their findings to the Council, it was felt this would be an appropriate issue for the Board of Adjustment to review — the Council will designate the Board of Adustment as the "Building Standards Committee " In this capacity, Councilmembers agreed that Mayor Pro Tem Lilly, Ron Gentry, Fire Chief, and the Services Subcommittee should present guidelines to the Board of Adjustment so that they are Ell informed as to what issues need to be resolved. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 4, 1996 PAGE 6 MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Bishop, the Council voted four (4) and none (0) opposed to retable this item and to request the Board of Adjustment study and review the sprinklered provision and report back to the Council on or before the second Council meeting of April. The motion carried. Consider an Ordinance Regulating Firearms in City Facilities (Agenda Item VIII) Since the 74th Legislature passed the Texas Concealed Weapons Act which allows for the carrying of concealed handguns by persons who have met the requirements of the law, the City of Allen felt it was necessary to restrict in certain circumstances the carrying of those firearms The ordinance presented this evening would allow for the carrying of a Firearm by a licensed concealed handgun holder. In City parks, however, it would not allow firearms in City parks by people not licensed to be a holder of a concealed weapon. The ordinance would also prohibit the carrying of firearms to any City facility including concealed handgun licensees (CHL). Ordinance No. 1388-1-96: An Ordinance of the City of Allen, Collin County, Texas, Amending City of Allen Ordinance No. 321, Codified as Section 10-1, Fire- arms, of Chapter 10 of the Allen Code of Ordinances, to Prohibit Carrying a Firearm in a City Building; Revising Subsection (3) of Section 11-39 of Chapter 11, Parks and Recreation, of the Allen Code of Ordi- nances to Allow Possession of Concealed Handguns in City Parks Only by Persons Duly Licensed to Carry Concealed Handguns by the State of Texas in Accor- dance with the Provisions of the Texas Concealed Weapons Act; and Providing a Severability Clause; a Penalty Clause, and an Effective Date. MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Kerr, the Council voted four (4) for and none (0) opposed to approve Ordinance No. 1388-1-96 as previously captioned and in accordance with Services Subcommittee recommendation. The motion carried. MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Bishop, the Council voted four (4) for and none (0) opposed to amend the City of Allen Policies and Procedures' Manual to read: "No employee, other than a peace officer, is permitted to carry any type of fuearm or weapon on his or her person at a City work site, in any City building, in any City -owned vehicle, or in any vehicle while conducting City business unless the weapon is used in conjunction with the type of City service provided and it is approved by the department head. This section applies regardless of whether or not the person is duly licensed by the State of Texas to carry a concealed handgun." as previously stated and in accordance with Services Subcommittee recommendation. The motion carried. I I ALLEN CITY COUNCIL REGULAR MEETING JANUARY 4, 1996 Discuss Issues Related to the Pro sed Half -Cent t s Tax Election PAGE 7 (Agenda Item IX) A sample copy of the ordinance calling a half -cent sales tax election was distributed to Council. Council was instructed to retain the information in the packet this evening and to review the proposed projects for use of the half -cent sales tax. Since several members of Council were not present this evening, this item will be discussed at a later date. There was no Council action taken on this item. Other Business Calendar January 25 6'00 p.m. February 17 6'00 p.m. Items of Interest Joint AISD/Council meeting Chamber Banquet at Southfork There were no items of interest (Agenda Item X) (Agenda Item X -A) (Agenda Item X -B) (Agenda Item XI) In accordance with The Texas Local Government Code, Legal, Section 551.071, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 8:15 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to personnel reorganization. The Executive Session was adjourned at 9:37 p.m. Reconvene (Agenda Item XII) The Allen City Council reconvened into regular session at 938 p.m. on Thursday, January 4, 1996, in the Council Chambers of the Allen Municipal Annex There was no action taken on items discussed during Executive Session. Adiourn (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Kerr and a second by Councihnember Bishop, the Council voted four (4) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9:39 p.m. on Thursday, January 4, 1996 The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 4,19% These minutes approved on the 18th day of January, 1996. ATTEST: J dy Ma •Isom, CMC, CITY SECRETARY I I APPROVED: %�'60 9vA ce Farmer, MAYOR PAGE 8