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Min - City Council - 1992 - 11/19 - RegularPresent: Joe Farmer, Mayor Councilmembers Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols (absent) 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 6:35 p.m. on Thursday, November 19, 1992, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item VI) Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Consent Agenda Item VI, Item E, Approve the Appraisals on Parcels No. 9, 10, 11, 23, 27 and 28, for FM 2170 East Row Acquisitions and Authorize City Manager to Approve the Balance of the Appraisals. This approach in dealing with appraisals is a standard practice throughout municipalities. Discussion was held regarding Agenda Item VII, Council Committee Reports. Clarification was sought regarding a statement in the Development Subcommittee minutes regarding special events such as the Matrix held at the water tower every Wednesday night. The Matrix referred to here is the bicycling club held each week at the water tower. A question was also raised regarding the employee survey and the purpose of such a survey. ALLEN CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1992 Present: Joe Farmer, Mayor Councilmembers Kevin Lilly, Mayor Pro Tem Mickey Christakos David Bishop Mike Nichols (absent) 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 6:35 p.m. on Thursday, November 19, 1992, in the Lunch Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Discussion of Consent Agenda and Regular Agenda Items (Agenda Item VI) Mayor Farmer began the review of the Consent Agenda items. Discussion was held regarding Consent Agenda Item VI, Item E, Approve the Appraisals on Parcels No. 9, 10, 11, 23, 27 and 28, for FM 2170 East Row Acquisitions and Authorize City Manager to Approve the Balance of the Appraisals. This approach in dealing with appraisals is a standard practice throughout municipalities. Discussion was held regarding Agenda Item VII, Council Committee Reports. Clarification was sought regarding a statement in the Development Subcommittee minutes regarding special events such as the Matrix held at the water tower every Wednesday night. The Matrix referred to here is the bicycling club held each week at the water tower. A question was also raised regarding the employee survey and the purpose of such a survey. ALLEN CITY COUNCIL WORKSHOP SESSION NOVEMBER 19, 1992 PAGE 2 Development Subcommittee also held another recent meeting at which time they discussed time lines in their work plan, subdivision fencing possibilities, a recent Collin County air transportation meeting attended by Councilmembers Sharon Hamner and Kevin Lilly, and an approaching meeting with the Clear Lake Homeowner's Association. Discussion was held regarding Agenda Item VIII, Citizen's Comments. It was unclear whether an audience would be present tonight. Discussion was held regarding Agenda Item IX, Consider an Ordinance Amending the Animal Control Ordinance. A brief discussion was held regarding the lack of vaccine for pot-bellied pigs against rabies. With no further discussion on the agenda, the workshop session of the Allen City Council was adjourned at 7:25 p.m. on Thursday, November 19, 1992. REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was called to order by Mayor Farmer at 7:35 p.m. on Thursday, November 19, 1992, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. CONSENT AGENDA (Agenda Item V) MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve Minutes of November 5, 1992, Regular Meeting. Approve Minutes of November 2, 1992, Council Workshop Meeting. Authorize city staff to pay bills associated with the 1985 Capital Improvement Program as follows: 1. JADTEC Computer Group $ 4,526.10 For: Light Pens, Readers, Power Supplies for Library Automation Interest Earned Bond Funds Period: November 1992 2. Southern Telecom & Computer Systems $10,614.31 For: Multiplexers and Modems for TelecommunicationsLibraryAutomation Interest Earned Bond Funds Period: November 1992 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 19, 1992 PAGE 3 3. Dynix, Inc. $ 1,318.00 For: Patron Barcodes and Materials Barcodes Library Automation Interest Earned Bond Funds Period: November 1992 4. Acquisition Associates $ 9,875.00 For: Appraisal and Review for Parcels 9, 10,11,23,24,26,27,28 1985 Street Bond Funds Period: Thru November 9, 1992 5. Iron Mountain Forge $ 4,335.88 For: Picnic Table for Pavilion Area at Bethany Lakes Park 1985 Park Bond Funds Period: Thru November 17, 1992 6. Rodenbaugh's $ 107.50 For: Replace Carpet Pieces where Doors Widened at Senior Citizens Bldg. Interest Bond Funds Period: November 11, 1992 D. Tax Report. E. Approve the Appraisals on Parcels No. 9, 10, 11, 23, 27, and 28, for FM 2170 East Row Acquisitions and Authorize City Manager to Approve the Balance of the Appraisals. The motion carried. End of Consent A¢enda Council Committee Reports (Agenda Item VII) Services: • Library Meeting Room policy • Specifications for fire apparatus procedures • Employee survey • Recycling rebate • Police Department alarm • Allen Substance Abuse Prevention office • Additions to the work plan including renewal of medical contract with Dr. Ward and developing a plan for stolen library materials A I ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 19, 1992 PAGE 4 Development: Zoning ordinance review • CIP • Thoroughfare participation • TRW update Finance/Administration: • Reviewed the strategic plan as developed during the budget retreat Mayor's: • Municipal Judge position • Subcommittees are to name someone for the interview process Citizen's Comments (Agenda Item VIII) There were no citizen's comments. Consider an Ordinance Amending the Animal Control Ordinance (Agenda Item IX) Police Chief Richard Carroll reviewed the animal control ordinance and its development in the City of Allen. The number one issue of the animal control ordinance throughout all municipalities is the control of rabies. Police Chief Carroll reviewed certain recent state law changes redefining vicious dogs, requiring cities with the population of 25,000 or more to have a spay/neuter program, and the requirement of providing an approved quarantine facility for an animal that has bitten while running at large. Chief Carroll also reviewed several new changes in the ordinance specific to the City of Allen. Chief Carroll pointed out the original ordinance does not have a provision for pot-bellied pigs. However, a provision has been provided for the Council's review which restricts pot-bellied pig issues. Problems the Police Department sees with the allowance of the pot-bellied pig issue is that the animal shelter is not now equipped to handle livestock. It was built to handle basically cats and dogs. Another associated problem is that the fact that no rabies vaccine has been developed at this time. Danny Meek, 1104 Lawn Meadow Drive, Allen, Texas, spoke before the Council in favor of pot-bellied pigs. Other items of discussion regarding the ordinance included allowing cats and dogs to run free on public or private property. L ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 19, 1992 PAGE 5 Ordinance No. 1144-11-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Chapter 3, "Animals and Fowl," of the Allen Code of Ordinances; and Providing for an Effective Date. MOTION: A motion was made by Councilmember Bishop to approve Ordinance No. 1144- 11-92 as presented by Staff and Services Subcommittee without a provision for pot-bellied pigs. Due to a lack of a second, the motion failed. Discussion was held regarding a section provided from Staff regarding requirements on keeping pot-bellied pigs in the City of Allen. MOTION: Upon a motion made by Councilmember Christakos and seconded by Mayor Pro Tem Lilly, the Council voted four (4) for and two (2) opposed with Councilmembers Hamner and Bishop casting the negative votes to increase the weight limitation for pot-bellied pigs within the city from 65 pounds to 100 pounds when fully grown. The motion carried. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos, the Council voted four (4) for and two (2) opposed with Councilmember Bishop and Mayor Farmer casting the negative votes to allow for the owner of a pot-bellied pig to be charged $10 for every day or fraction of a day that an animal is quarantined. The motion carried. MOTION: Upon a motion made by Councilmember Christakos and seconded by Mayor Pro Tem Lilly, the Council voted five (5) for and one (1) opposed with Councilmember Bishop castingthe negative vote to provide specific quarantine practices in accordance with state health department regulations as part of the ordinance regarding requirements on keeping pot-bellied pigs. The motion carried. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Lilly, the Council voted six (6) for and none (0) opposed to make it unlawful for the owner to permit either willfully or through failure to exercise the care and control any such dog or animal to urinate or defecate upon any public or private property and to hold the owner responsible for the removal of any excreta deposited by his animal on public or private property. The motion carried. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Christakos, the Council voted four (4) for and two (2) opposed with Councilmembers Hamner and Bishop casting the negative votes to approve Ordinance 1144-11-92 with all previous amendments. The motion carried. ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 19, 1992 PAGE 6 Approve a Resolution Implementing a New Policy on the Use of the Library Meeting Room (Agenda Item X) The Services Subcommittee has reviewed the policy regarding the use of the library meeting room and has recommended that Council approve the policy as written. Barbara Lecheler, Chairman of the Library Board, contacted Staff and indicated that she felt the policy was a reasonable compromise although the Library Board had not met to consider it, she did as Chairman review the policy. Discussion was held regarding the diagram on the wall which designated which tables were to be left and how the meeting room was to remain after use. This diagram may be changed without coming back to Council and study needs to be done to allow for optimum use. Services Subcommittee was commended on the development of this library meeting room plan. Resolution No. 1145-11-92(R): A Resolution of the City Council of the City of Allen, Collin County, Texas, Repealing Resolution #1106- 6-92(R) and Establishing a Policy Governing the Use of the Library Meeting Room by Members of the Public and Local Organizations; Setting Fees for Such Use; and Delineating Rules and Responsibilities. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos, the Council voted six (6) for and none (0) opposed to approve Resolution 1145-11-92(R) with a change in Item VI, General Rules of Use of the Policy, to read "Any damages will be charged to the individual or group making use of the meeting room and will be based upon cost of cleaning products, supplies and services required to repair the damages. Any appeals by users who find such charges to be unfair must be made in writing within ten (10) days to the City Manager. " The City Attorney will be contacted with regard to an indemnification clause and will be included in the policy if necessary. The motion carried. Adopt an Ordinance Amending the Alarm Ordinance to Include a $25.00 Registration Fee (Agenda Item XI) Police Chief Richard Carroll reviewed with the Council the need for a $25.00 registration fee for an alarm system permit. Due to the increased police service needed for the administration of alarm registrations, decreasing available patrol time due to false alarms, and most importantly, increasing the load for dispatch personnel, it was felt this fee would help offset some of those costs ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 19, 1992 PAGE 7 Craig Isaac, 824 Fawn Valley, Allen, Texas, spoke in favor of the $25.00 registration fee for alarm systems. He felt the fee was reasonable, that it would allow for quality installation and would allow all citizens and businesses to defray the cost of security service. Mr. Isaac felt it would be helpful to be able to access any record keeping information that might be available regarding various security companies. Due to the present system being used by the Allen Police Department, vendor information would not be readily available. Discussion was held regarding the security company actually being registered with the City and collecting this registration fee for the City. This is not now done in any surrounding municipalities. However, this might be something the City of Allen could review in the future. Ordinance No. 1146-11-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 1049-9-91 and Article IV, Chapter 8, of the Allen Code of Ordinances so as to Provide for an Annual Permit Fee of $25.00; Providing for a Severability Clause; and Providing for an Effective Date. MOTION: Upon a motion made by Councilmember Christakos and seconded by Councilmember Bishop, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1146-11-92 in accordance with Staff and Services Subcommittee recommendation. The motion carried. Approve Bid and Award Contract for Purchase of Police Department Vehicles (Agenda Item XII) A total of 25 requests for bids were mailed to area car dealers and financial institutions. Three bids were received, all of which were from Ford dealers. Low bid mune in from Prestige Ford with a purchase price for new vehicles at $13,500 each. The lease/purchase plan allows for lease payments of $8,969.46 per vehicle. This is well within the department budget of $54,000. This will allow for a savings of $4,530.54. MOTION: Upon a motion made by Mayor Pro Tem Lilly and seconded by Councilmember Terrell, the Council voted six (6) for and none (0) opposed to authorize Staff to purchase three (3) vehicles from Prestige Ford at a cost of $13,500 a piece and the lease/purchase of three (3) additional vehicles, a lease payment cost of $8,969.46 each for a total of $49,469.46. The vehicles will be Crown Victories. The motion carried. 11 ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 19, 1992 PAGE 8 Approve a Resolution for the City of Allen to Enter into an Interlocal Agreement with Houston - Galveston Area Council to Purchase Fire Equipment (Agenda Item XIII) In 1985 bond funds were approved to purchase a pumper and an aerial ladder for the Fire Department. The pumper was purchased in 1987; however, the aerial was not purchased. Although funds are not sufficient to purchase an aerial ladder at this time, we do have enough funds to purchase two (2) new pumpers to replace the older ones that are now in service. By entering into an interlocal agreement with the Houston -Galveston Area Council, the City can purchase the type of fire equipment that is suited for our area and at the same cost savings as the bid process. Resolution No. 1147-11-92(R): A Resolution of the City Council of the City of Allen, Collin County, Tums, Authorizing the City Manager to Purchase Vehicles Through the Houston -Galveston Area Council. MOTION: Upon a motion made by Councilmember Bishop and seconded by Councilmember Christakos, the Council voted six (6) for and none (0) opposed to approve mn Resolution No. 1147-11-92(R) in accordance with Services Subcommittee f` recommendation to enter into an interlocal agreement with the Houston - Galveston Area Council and to authorize the purchase of two (2) pumpers within a total budget of $327,000. The motion carried. Other Business (Agenda Item XIV) Calendar (Agenda Item XIV -A) There was no discussion regarding the calendar. ASAP Annual Work Program (Agenda Item XIV -B) Staff has prepared a yearly ASAP activities proposal which was reviewed by the ASAP Steering Committee but was not approved due to the personnel changes in the department. Items of Interest (Agenda Item XIV -C) • City Manager Jon McCarty reported a water leak at the library in the fire system line. • Judy Morrison, City Secretary, reminded the Council of the City of Allen Employees' Christmas party to be held December 11. I ALLEN CITY COUNCIL REGULAR SESSION NOVEMBER 19, 1992 Executive Session PAGE 9 (Agenda Item XV) In accordance with Article 6252-17, V.A.T.C.S. (Open Meetings Law), Sections 2(g), the Allen City Council convened into Executive Session at 11:23 p.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss matters pertaining to the Municipal Court Judge position. The Executive Session was adjourned at 11:59 p.m. Reconvene (Agenda Item XV) The Allen City Council reconvened into regular session at 12:00 a.m. on Friday, November 20, 1992, in the Council Chambers of the Allen Municipal Annex. Ad Dorn (Agenda Item XVI) MOTION: Upon a motion made by Councilmember Christakos and seconded by Mayor Pro Tem Lilly, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 12:01 a.m. , on Friday, November L20, 1992. The motion carried. These minutes approved on the 3rd day of December , 1992. APPROVED: Jbe Farmer, MAYOR ATTEST: BIT