Min - City Council - 1985 - 02/21 - RegularALLEN CITY COUNCIL
REGULAR SESSION
February 21, 1985
Present;
Donald P. Rodenbaugh, Mayor
Council Members;
Joe Farmer, Mayor Pro Tem (arrived at 7:35 p.m.)
Jim McClure
Rex Womack
Jim Wolfe
Ward Paxton
Gary Koch
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
The regular session of the Allen City Council was called
to order by Mayor Rodenbaugh at 7:30 p.m. on Thursday, February 21,
1985, in the Council Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas.
CONSENT AGENDA
(Agenda Item II)
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Koch, the Council voted 6 - 0 (with
Mayor Pro Tem Farmer being absent) to approve and
adopt all items on the Consent Agenda as recommended
and as follows:
A. Approval of City Council Minutes of February 7,
1985 - Regular Session.
B. Authorization to city staff to pay bills associated
with the 1979 - 82 Capital Improvements Program
as follows:
Schrickel, Rollins & Associates, Inc. $ 7,640.00
Professional Services for Feasibility
Studies of Ford Park Development -
September - December, 1984
C. Set March 21, 1985 as the Public Hearing Date on
a Request to Establish Permanent Zoning on
Approximately 41 Acres of Land Located at the
Southwest Corner of F.M. 2170 and F.M. 2551.
D. Consolidated Summary of Activities for the Allen
Police Department - January, 1985.
E. Schedule of Taxes Receivable as of January 31, 1985.
F. Resolution No. 586-2-85(R): A Resolution of
the City Council of the City of Allen, Collin
County, Texas, Authorizing an Adjustment to the
1983 Tax Roll and a Refund Issued for Overpayment
of 1983 Taxes.
The motion carried.
End of Consent Agenda
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ALLEN CITY COUNCIL
February 21, 1985
Resolution No. 587-2-85(R): A
Resolution of the City Council of
the City of Allen, Collin County,
Texas Authorizing the Submission
of an Application to the Texas
Criminal Justice Division Requesting
Funding for Continuation of Crime
Prevention; Allocating City Funds
for Its Participation; and Desiqnating
the City Manager to Act in Behalf of
the City of Allen in Applying for
These Funds.
and
Application for Information System
Page 2
(Agenda Item III)
Police Chief Richard Carroll presented to and spoke before
the Council on the proposed resolution requesting funding for
the continuation of the crime prevention officer.
Chief Carroll advised the Council that the crime prevention
officer had been partially funded by the state for one and one-
half years now and the proposed request for funding was a con-
tinuation grant for five years. This was the third year of
funding of this project. Chief Carroll advised that the total
amount for consideration in this qrant would be $16,411. The
city's portion of that cost would be $6,393.
Chief Carroll advised the Council that he was also
requesting authorization to make application for funding for
an information system in the form of a computer system consisting
of hardware and software. Chief Carroll advised that the
proposed cost of the system would be $47,632, with the city's
portion of the cost to be $23,323.
Chief Carroll provided background information on the
computer hardware equipment now existing in the Police Department,
the need to replace it, how the new computer equipment would
be used and the automation needed in the Police Department,
the type of hardware equipment to be purchased and the type of
software to be purchased.
Chief Carroll advised that the city staff's recommendation
was that authorization be granted by the City Council to make
application to the Criminal Justice Division for the proposed
funds for the Crime Prevention Officer program and the computer
system program.
The Council discussed with Chief Carroll the availability
of funds through the Association of Municipal Court Judges and
Court Clerks as another funding mechanism for the computer,
whether the city can lease the equipment or if it has to be
purchased outright, if the city owns the existing equipment, if
installation is included in the proposed costs, and if the same
vendor would be providing the hardware and software for the system.
MOTION: Upon a motion made by Councilman Wolfe and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
adopt Resolution No. 587-2-85(R), as captioned above;
and to authorize the submission of an application for
funding of the computer system program in accordance with
the city staff's recommendation, as stated. The motion
carried.
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ALLEN CITY COUNCIL
February 21, 1985 Page 3
Progress Report on Main
Street Project and Authorization
for Design Engineering of Phase
One (Agenda Item IV)
City Manager Jon McCarty spoke before the Council on the
Main Street project and the design engineering for Phase One
of the project.
Using a drawing, Mr. McCarty reviewed the back of the curb
line for the new roadway, location of the new roadway and the
right-of-way needed for the alignment of the new roadway from
U.S. 75 to Main Street. He pointed out the additional need for
right-of-way on Allen Drive on the west side, which is where
the Library and the Central Fire Station are located.
Mr. McCarty then presented drawings of cross sections of
Allen Drive, McDermott Drive and Main Street. Mr. McCarty pointed
out the amount of paving, width of medians, areas for parking
and location of paving and sidewalks on Main Street.
Mr. McCarty then reviewed the location of the roadway on
McDermott east of Allen Drive, advised of the right-of-way
needed on the north side of the roadway for the new alignment,
reviewed the location of the roadway east of Dogwood, and
advised of the right-of-way needed to complete the roadway
to State Highway 5.
Mr. McCarty advised that the engineers would be providing
the city with a separate right-of-way map, a vertical curb map,
and a utilities map, which will conclude the preliminary
engineering work on this project.
City Manager McCarty advised that it was the city staff's
recommendation that the City Council authorize the design
engineering of Phase One of the Main Street project, which
would be about the intersection of Allen Drive and McDermott
Drive, along Allen Drive to the intersection of Main Street,
then along Main Street to the intersection of Cedar Drive.
Mr. McCarty explained to the Council the transition planned
in the roadway at the curve of McDermott and Allen Drive while
construction is being done.
Mr. McCarty discussed with the Council the timeframe of
Phase Two and Phase Three of the Main Street project.
MOTION: Upon a motion made by Councilman Womack and seconded
by Councilman McClure, the Council voted six (6) for
and one (1) opposed, with Councilman Paxton casting
the negative vote, to authorize the design engineering
of Phase One of the Main Street project, in accordance
with the city staff's recommendation, as stated. The
motion carried.
Resolution No. 588-2-85(R): A Resolution
of the City of Allen, Collin County,
Texas, Opposing the Retroactive Rate
Increases Implemented by General
Telephone Company of the Southwest on
Foreign Exchange Lines and Requestinq
That the Public Utilities Commission
Vacate Their Order Allowing These Rate
Changes (Agenda Item V)
City Manager Jon McCarty advised the Council of several
telephone calls which had been received from Allen residents
regarding their large telephone bills on their foreiqn exchange
(FX) telephone lines.
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February 21, 1985
Page 4
Resolution No. 588-2-85(R) (cont'd) (Agenda Item V)
City Manager McCarty advised the Council of several
people he had contacted regarding these large bills, and
provided the Council with background information on the approval
of the access tariff change for General Telephone by the Public
Utilities Commission and the ability of General Telephone
Company to backbill customers with the foreign exchange lines
for usage back to September 26, 1984. He advised of the methods
used when a rate increase request is heard before the PUC and
when a tariff change is requested. Mr. McCarty also advised of
the action taken by the City of Rockwall to obtain relief in
this matter.
Mr. McCarty advised the Council of his conversations with
Don Butler, the attorney for the Texas Municipal League, and
the action that Mr. Butler had pursued upon notification of the
situation existing on the FX lines.
City Manager McCarty advised the Council that General
Telephone Company had been calling the customers with FX lines
and advising of the increases. Mr. McCarty then provided the
Council with a copy of a letter that had been sent out by
General Telephone Company to customers that they were unable
to reach by telephone.
Mayor Rodenbaugh advised the Council of his conversation
with Ms. Jo Anne Reed, General Manager -Division Operations -
North Central Division of General Telephone Company, and that
she provided the letter for the Council's information.
Mayor Rodenbaugh advised the Council of the calls he had
received regarding this matter and provided some examples of
the charges that customers were receiving in their bills.
Mayor Rodenbaugh also advised of the amount of usage he had
been billed for his business FX line and compared it to some
residential FX lines that were being billed for higher usage.
The Council briefly discussed this tariff increase and
the problems that have occurred with it.
City Manager McCarty advised the Council of the proposed
resolution, which would show opposition to the retroactive
rate increases implemented by General Telephone Company, and
reviewed it with the Council.
There was considerable discussion by the Council with city
staff on the involvement of the city attorney in this situation
and his ability to file an injunction to stop this backbilling
temporarily. The Council also discussed obtaining from
General Telephone, in writing, the fact that if a customer
terminates his FX line now, then he will not be charged for the
backbilling.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
approve and adopt Resolution No. 588-2-85(R), as
captioned previously; and to direct the city attorney
to identify whatever injunctive relief or restraint
that the city can impose here in court and advise
the Council of it. The motion carried.
The Council briefly discussed notifying other cities involved
in this same situation of the action taken by the Council.
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ALLEN CITY COUNCIL
February 21, 1985
Page 5
Mayor Rodenbaugh recessed the regular session of the Allen
City Council at 8:52 p.m. The meeting reconvened at 9:05 p.m.
Mayor Rodenbauqh advised that he had another item to be
considered as a part of Agenda Item V, that being the appointment
of some Council Members to serve with him on a Telephone Committee.
Mayor Rodenbaugh advised the Council that last week he
had appointed two members of the Council to serve with him
on the Telephone Committee as a matter of expediency when the
problems arose regarding the FX lines. Mayor Rodenbaugh
advised that he had appointed Councilman Jim Wolfe and Councilman
Rex Womack to serve on that committee with him and requested
affirmation from the Council on those appointments.
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Koch, the Council voted 7 - 0 to approve
the appointment of Mayor Rodenbaugh, Councilman Womack
and Councilman Wolfe to the Telephone Committee. The
motion carried.
Review Standard and Uniform
Building Code Comparisons (Agenda Item VI -A)
Bill Petty, Director of Community Development, spoke before
the Council on a recent survey conducted by the North Central
Texas Council of Governments on the cities that use the
Uniform Building Code and the cities that use the Southern
Standard Building Code.
Mr. Petty provided the Council with a list of the results
of this survey, which showed that 618 were using the Uniform
Building Code and 268 are still using the Southern Standard
Building Code.
Mr. Petty advised that his staff has reviewed the Uniform
Building Code and have found several ways in which this code
would be beneficial to the city. One important area was the
training of building officials and code inspectors. Mr Petty
stated that all of the training sessions held in this region
are with the use of the Uniform Building Code (DEC).
Mr. Petty advised the Council that the city staff was
going to propose that the city change from the Southern
Building Code to the Uniform Building Code and that it would
not reduce any of the city's standards.
Mr. Petty stated that the city staff would proceed with
the preparation of an ordinance, unless the Council posed
an objection.
The Council dicussed with Mr. Petty what code the City
of Richardson used and how many years had the cities been
using the UBC.
This item was received as a matter of information. There
was no action taken on this item.
Calendar for Upcoming
Council Meetings (Agenda Item VI -B)
City Manager Jon McCarty reviewed with the Council some
of the upcoming meetings that they would be attending. Those
meetings were:
Wednesday, February 27th - Action Committee
Tuesday, March 5th - Action Committee
ALLEN CITY COUNCIL
February 21, 1985
Page 6
Calendar for Upcoming
Council Meetings (cont'd) (Agenda Item VI -B)
Wednesday, March 6th - Action Committee
Tuesday, March 12th - Capital Improvement Program
Study Committee
(10i dates
McCarty also reviewed with the Council the upcoming
dates on the city's Council Election Calendar.
The Council briefly discussed the two public hearings
that will be held on the Comprehensive Plan on March 5th and 6th.
This item was received as a matter of information. There
was no action taken on this item.
Mayor Rodenbaugh recessed the regular session of the
Allen City Council into Executive Session at 9:15 p.m.
Executive Session (Agenda Item VII)
In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings
Law), Section 2(g), the Allen City Council convened into Executive
Session at 9:17 p.m. on Thursday, February 21, 1985, in the
Conference Room of the Allen Municipal Annex, to discuss the
appointment to fill an unexpired term of office on the Planning
and Zoning Commission, Place No. 1.
The Executive Session was adjourned at 9:30 p.m.
The Council reconvened into regular session at 9:33 p.m.
in the Council Chambers of the Allen Municipal Annex.
Consider Appointment of
a Replacement to Place
No. 1 on the Planning and
Zoning Commission (Agenda Item VIII)
Mayor Rodenbaugh opened the floor for nominations to
Place No. 1 on the Planning and Zoning Commission.
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Wolfe, the Council voted 7 - 0 to appoint
Douglas Braun to Place No. 1 on the Planning and Zoning
Commission by acclamation. The motion carried.
General Discussion
The Council briefly discussed the results of the joint
meeting with the City of Plano held on February 19th, and
the information that had been gained from the meeting.
Adjournment
MOTION: Upon a motion made by Councilman McClure and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
adjourn the regular session of the Allen City Council
at 9:35 p.m. on Thursday, February 21, 1985. The
motion carried.
v
ALLEN CITY COUNCIL
February 21, 1985
These minutes approved on the 7th day of
1985.
Marty Hendrix, CITY SECRETARY
March
Donald P. Rodenbauqh, MAYS
Paqe 7
c,