Min - City Council - 2000 - 05/18 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 18, 2000
Present:
Stephen Terrell, Mayor
Councilmembers•
Doug Gallagher, Mayor Pro Tem
Lonnie Thomas
Richard Buchanan
Susan Bartlemay
Kenneth Fulk
Melissa Owen
City Staff:
Peter H. Vargas, City Manager
Judy Momson, City Secretary (absent)
Pete Smith, City Attorney
Shelley George, Assistant City Secretary
Call to Order and Announce a Ouorum is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order
by Mayor Terrell at 7:19 p.m. on Thursday, May 18, 2000, in the Council Chambers of the Allen Public Library,
Two Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included:
• Presentation Regarding the Schematic Program for the Expansion to the Police Facility
• Presentation Regarding the Landscape Development Plans for Main Street East
Pledee of Alleeiance
Public Recoenition
1. Citizens' Comments.
2. Presentation by Dr. Tom Ward Recognizing the Paramedic of the Year.
Dr. Tom Ward presented the Paramedic -of -the -Year Award to Fire Fighter/Paramedic Darren Thomas.
3. Presentation by Dr. Tom Ward Recognizing the Emergency Medical Technician of the Year.
Dr. Tom Ward presented the EMT -of -the -Year Award to Fire Fighter/EMT Randy Norman.
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4. Presentation of a Proclamation to Chief Ron Gentry, Assistant Chief Michael Hagood and the
Allen Fire Department Recognizing Emergency Medical Services (EMS) Week.
5. Presentation of a Proclamation to the Honor Guard of the Allen Police Department Recognizing
National Police Memorial Week.
6. Presentation of a Proclamation to the Animal Control Department Recognizing Bite Prevention
Week.
7. Presentation of a Proclamation to the Community Services Department Recognizing National
Public Warks Week.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to approve and adopt all items on the
consent agenda as follows:
8. Approve Minutes of the May 4, 2000, Regular Meeting.
9. Approve Minutes of the May 11, 2000, Special Called Meeting.
10. Approve an Ordinance Incorporating the Reorganization Plan as Submitted by the City Manager.
Ordinance No. 1831-5-00: An Ordinance of the City Council of the City of Allen, Collin County,
Texas, Amending the Code of Ordinances, by Amending Chapter 2, Article VII Administrative
Departments, by Adding Division 12, Section 2-211 Creating the Department of Building and Code
Compliance, and Establishing Duties and Responsibilities; by Amending Section 2-191 Renaming the
Planning Department to the Planning and Development Department and Establishing Duties and
Responsibilities; Providing a Severability Clause; Providing a Repealing Clause; and Providing an
Effective Date.
11. Approve an Ordinance Revising the Rate Schedule for TXU Electric as Determined by the Public
Utility Commission.
Ordinance No. 1832-5-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Approving Revised Rate Schedules for TXU Electric Company Providing Conditions Under Which Such
Rate Schedules May be Changed, Modified, Amended or Withdrawn; and Providing for an Effective
Date.
12. Authorize Execution of a Contract with Pad Systems, Inc., for the Purchase of the EMS
(Emergency Medical Services) Pen -Based Data Collection System for an Amount not to Exceed
$121,000.
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Council authorized the City Manager to execute a contract with Pad Systems, Inc., for the purchase of an
EMS Pen -Based Data Collection System for an amount not to exceed $121,000.
13. Award Bid and Authorize Execution of a Contract with Mario Sinacola and Sons, Inc., for a Unit
Price Contract of $6,227,137.45, Reallocate the $700,000 Surplus of 1996 and 1998 Bonds from the
McDermott Drive Project to this Project and Set a Budget for this Project at $9,573,000 for the
Construction of Stacy Road from SH 121 to CR 196.
Council authorized the City Manager to execute a contract with the low bidder, Mario Sinacola and Sons,
hic., for the construction of Stacy Road from SH 121 to CR 196 for a unit price contract of
$6,227,137 45 Council authorized the reallocation of the $700,000 surplus of 1996 and 1998 Bonds
from the McDermott Drive project to be used for the completion of this project and set a total project
budget at $9,573,000.
14. Receive Tax Assessor -Collector's Reports for March 2000, April 2000 and May 2000.
15. Receive CIP (Capital Improvement Program) Status Report.
The motion carred.
16. Authorize Execution of a Tax Collection Services Agreement with Collin County.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute a Tax
Collection Services Agreement with Collin County authorizing the County to provide property
tax collection services for the City of Allen at a cost of $0.75 per parcel of property and a one-
time conversion cost of $0 50 per parcel. The motion carred.
17. Approve Certification of Outstanding Tax Levy as of May 11, 2000.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to approve the Certification of Outstanding Tax
Levy as of May 11, 2000, as required due to the changeover in the collection of the City's
property taxes from Allen Independent School District to Collin County. The motion carried.
18. TABLED ITEM: Adopt an Ordinance Granting a Change in Zoning of 50± Acres of Land from
Agriculture/Open Space to Planned Development No. 88 Containing Shopping Center and Single
Family Residential Uses for Allen Exchange J.V. on Property Located at the Northeast Comer of
Exchange Parkway and Malone Road.
MOTION: Upon a motion made by Councilmember Bardemay and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed to remove this item from the table. The motion
carred.
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MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Thomas, the
Council voted seven (7) for and none (0) opposed to deny the zoning request for 503 acres of
land from Agnculmre/Open Space to Planned Development No. 88 containing Shopping Center
and Single Family Residential Uses. The motion carried.
19. CONTINUATION: Conduct a Public Hearing and Consider Approval of an Ordinance Granting
a Change in Zoning to Authorize a Revised Specific Use Permit for a Gasoline Station with a
Convenience Store on 1± Acres of Land Located at 1019 South Greenville Avenue as Requested by
Mr. Quik Addition No. 2.
Mayor Terrell stated that the public hearing was still open and asked for anyone speaking either for or
against the request to do so at flus time.
With no one speaking, Mayor Terrell closed the public hearing.
Ordinance No. 1833-5-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Amending the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously Amended,
by Amending Specific Use Permit No. 54 to Allow a Fueling Station Subject to Special Condibons for
Property Zoned Planned Development No. 4 and Being Further Described in Exhibit "A" Attached Hereto;
Providing for Special Conditions; Providing for the Approval of the Site Plan Attached Hereto as Exhibit
"B"; Providing a Repealing Clause; Providing a Severability Clause; Providing a Savings Clause; Providing
a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; and
Providing an Effccbve Date.
MOTION: Upon a motion made by Councilmember Gallagher and a second by Councilmember Owen, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1833-5-00
as previously captioned to revise Specific Use Permit No. 54 to allow a gasoline station with a
convenience store on property located at 1019 Greenville Avenue. The motion Gamed.
20. Conduct a Public Hearing and Consider Approval of an Ordinance Granting a Zoning Change by
Granting a Specific Use Permit for a Dry Cleaners on 0.583 Acres of Land Located on Ash Drive
between Belmont Drive and McDermott Drive as Requested by Dry Clean World.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to
do so at this time.
With no one speaking, Mayor Terrell closed the public hearing.
Ordinance No. 1834-5-00: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Amending the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, as Previously Amended,
by Granting Specific Use Permit No. 76 for a Retail Dry Cleaners/Laundry with Pick -Up Facilities with
Special Conditions for 0.588 Acres of Land Zoned Central Business District Located in Tinct 202 of the
Railroad Reservation in the James L. Read Survey, Abstract No. 758, City of Allen, Collin County,
Texas, and Being Further Described in Exlubn "A" Attached Hereto; Providing for Approval of the Site
Plan Attached Hereto as Exhibit "B"; Providing a Repealing Clause; Providing a Severability Clause;
ALLEN CITY COUNCIL
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? MAY 18, 2000
PAGES
Providing for Special Conditions; Providing a Savings Clause; Providing a Penalty of Fine not to Exceed the
Sum of Two Thousand Dollars ($2,000) for Each Offense; and Providing an Effective Date.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Counmlmember Thomas, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1834-5-00
as previously captioned to grant Specific Use Permit No. 76 with conditions for a retail dry
cleaners/laundry with pickup facilities with the following amendments: 1) All equipment,
including fans and chilling and refrigeration units, shall be roof mounted with appropriate
screening; 2) Dumpsters shall be appropriately screened so they are not visible from Belmont
Drive while providing appropriate access for Community Waste Disposal trucks; and, 3) The
outside facade of the building shall be 100% brick. The motion carred.
Other Business
21. Calendar
• May 20 — Business Expo/Joe Farmer Recreation Center
• May 20 — 2012 CelebrationlDallas
• May 25 — Joint Workshop with Planning and Zoning Commission
• May 29 — Allen Arts Fest
• June 1 — 34th Annual General Assembly Meeting/NCTCOG
• June 5, 12, 19, 26 — Summer Sounds Outdoor Concerts17:30 PM
Hillside Amphitheater/Bethany Lakes Park
• June 23 — Planning and Zoning for Public Officials and Attorneys/Presented by The Southwestern
Legal Foundation
• August 24 — TENTATIVE Triad Meeting/Council, Chamber of Commerce, Allen ISD
22. Items of Interest
• Proposal from Community Waste Disposal (CWD) for Contract Amendment
• Property Maintenance of Closed Chevron Station at SH 5 and Main Street
The regular session recessed at 9:57 p.m.
Executive Session
In accordance with The Texas Local Govemmen[ Code, Legal, Section 551.071, Property, Section 551 072,
Personnel, Section 551.074, the Allen City Council convened into Executive Session at 10:10 p.m. on Thursday,
May 18, 2000, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas, in
order to continue discussing matters pertaining to:
���^^^ • Pending Litigation - Pursuant to Section 551.071 of the Texas Government Code to Seek Legal Advice
E j Regarding: Cause No. 380-2046-99, Anchor Companies vs. City of Allen
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• Personnel - Pursuant to Section 551.074 of Texas Government Code to Discuss Issues Involving Officer and
Employee and the Position, duties, responsibilities and appointment of Mayor Pro Tem
The Executive Session adjourned at 11:02 p in. on Thursday, May 18, 2000.
23. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 11:02 p.m. on Thursday, May 18, 2000, in the
Council Chambers of the Allen Public Library. The following action was taken on items discussed during
Executive Session.
Pending Litigation - Pursuant to Section 551.071 of the Texas Government Code to Seek Legal
Advice Regarding: Cause No. 380-2046-99, Anchor Companies vs. City of Allen
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) opposed to authorize the City Manager to execute a
contract with Anchor Companies to settle pending litigation with the City of Allen. The motion
carried.
�j • Personnel - Pursuant to Section 551.074 of Texas Government Code to Discuss Issues Involving
Er7 Officer and Employee and the Position, duties, responsibilities and appointment of Mayor Pro Tem
Councilmember Thomas nominated Councilmember Gallagher for the designated place of Mayor Pro
Tem.
MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Buchanan, the
Council voted seven (7) for and none (0) opposed that nominations cease and that Doug
Gallagher be elected by acclamation to the designated place of Mayor Pro Tem on the Allen City
Council. The motion carred.
Adjourn
MOTION: Upon a motion made by Councilmember Buchanan and a second by Mayor Pro Tem Gallagher,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 11.10 p.m. on Thursday, May 18, 2000. The motion carred.
These minutes approved on the 1 st day of June, 2000.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Ju y Morri t , CMC/AAE, CITY SECRETARY