Min - 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
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Jon McCarty, City Manager
Judy Morrison, City Secretary
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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
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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
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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
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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
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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.
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ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 4, 1996
Discuss Issues Related to the
Pro sed Half -Cent t s Tax Election
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(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
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APPROVED:
%�'60 9vA
ce Farmer, MAYOR
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