Min - City Council - 2000 - 08/17 - RegularALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 17, 2000
Present:
Stephen Terrell, Mayor
Councilmembers
Doug Gallagher, Mayor Pro Tem
Lonme Thomas (absent)
Richard Buchanan
Susan Bartlemay
Kenneth Fulk
Melissa Owen (absent)
City StafL•
Peter H. Vargas, City Manager
Judy Morrison, City Secretary
Pete Smith, City Attorney
Call to Order and Announce a Quorum 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 7:13 p in on Thursday, August 17, 2000, in the Council Chambers of the Allen City Hall,
One Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included:
• Mitigation Plan for Mustang Creek
• Briefing Regarding Filming and Cablecast of City Council Meeting
• Fallow -up Regarding the 2000 Budget Workshop
Public Recoenition
1. Citizens' Comments.
Consent Aeenda
MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Buchanan,
the Council voted five (5) for and none (0) opposed to approve and adopt all items on the consent
agenda as follows:
2. Approve Minutes of the August 3, 2000, Regular Meeting.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 17, 2000
PAGE
Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and Traffic,"
Article V, "Operation of Vehicles.' Division 2, 'Speed Regulations," Section 9-137(b), Designating
School Zones on Glendover Drive, Landsford Drive and Kenshire Court for the Kerr Elementary
School Site.
Ordinance No. 1861-"0: An Ordinance of the City Council of the City of Allen, Collin County, Texas,
Amending the Code of Ordinances, By Amending Chapter 9, "Motor Vehicles and Traffic," Article V,
"Operation Of Vehicles," Division 2, "Speed Regulations," Section 9-137(B), to Add Subsection (15) to
Designate Certain Portions of Kenshire Court, Clendover Drive and Landsford Drive as School Zones for
Kerr Elementary School With a Maximum Pnma Facie Speed Limit of Twenty (20) Miles Per Hour for
Motor Vehicles; Providing a Repealing Clause; Providing a Savings Clause; Providing a Severabihty Clause;
Providing for a Penalty of Fine not to Exceed the Sum of Two Hundred Dollars ($200) for Each Offense;
and Providing for an Effechve Date.
4. Adopt a Resolution Suspending the Proposed Effective Date of the Proposed Rate Schedules of
TXU Gas Distribution and Provide that the Rate Schedules of Said Company Shall Remain
Unchanged During the Period of Suspension.
Resolution No. 1862-"0(Rl: A Resolution of the City Council of the City of Allen, Collin County, Texas,
Suspending the Effective Date of the Proposed Rate Schedules of TXU Gas Distribution (fk.a. TXU Lone Star
Gas) to Pemvt the City Time to Study the Request and to Establish Reasonable Rates; Providing that the Rate
Schedules of Said Company Shall Remain Unchanged During the Period of Suspension; Approving
Cooperation With Other Cities Within the Northeast Metro Distribution System to Create a Steering
Committee; Providing for Notice Hereof to Said Company.
5. Adopt a Resolution Supporting the Efforts of the Texas Clean Air Working Group to Seek
Legislative Support in Reducing Mobile Source Emissions and Implementation of the State
Implementation Plan for the North Texas Nonattainment Area.
Resolution No. 1863-"0(Rl: A Resolution of the City Council of the City of Allen, Collin County, Texas,
Supporting the Efforts of the Texas Clean Air Working Group (TCAWG) to Seek Legislative Support in
Reducing Mobile Source Emissions, Creating Incentives for Commercial Emissions Reduction, and
Effective Implementation and Enforcement of the State Implementation Plan for the North Texas
Nonattamment Area.
6. Confirmation on a Variance to the Mid States Realty, LLC, as Approved by the Sign Control
Board, to Place a Class 5 Monument Sign Four Feet from the Property Line and Twenty-four Feet
from the Back of the Curb on the Goodyear Property Located at 1208 W. McDermott Drive.
7. Confirmation on a Variance to SPS Mann, as Approved by the Sign Control Board, to Allow an
Identification Sign at the Office Complex Located at 1504-1506 N. Greenville Avenue.
8. Accept Resignation from Ms. Lori Martens Fairchild and Declare a Vacancy in Place No. 3 of the
Allen Arts Alliance Board.
9. Receive the CIP (Capital Improvement Program) Status Report.
ALLEN CITY COUNCIL
REGULAR MEETING
E�1 AUGUST 17, 2000
The motion carred.
PAGE
10. TABLED ITEM: Award the Bid, Authorize Execution of a Contract with Jeske Construction
Company in the Amount of $539,359.60 for Mustang Creek Channel Improvements and Set a
Budget of $650,000.
MOTION: Upon a motion made by Mayor Pro Tem Gallagher and a second by Councilmember Bartlemay,
the Council voted five (5) for and none (0) opposed to remove the item from the table. The
motion carried.
MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Buchanan, the
Council voted five (5) for and none (0) opposed to authorize the City Manager to execute a
contract with the low bidder, Jeske Construction Company, in the amount of $539,359.60 for the
Mustang Creek Channel Improvements and to establish a budget of $650,000 to complete the
project The motion carred.
�11. Consider All Matters Incident and Related to Canvassing the Returns and Declaring the Results of
the Special Bond Election Held on August 12, 2000, Including the Adoption of a Resolution
Pertaining Thereto.
Resolution No. 1864-8-00(11): A Resolution of the City Council of the City of Allen, Collin County,
Texas, Canvassing the Returns and Declaring the Results of the Special Bond Election Held August 12,
2000.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Gallagher,
the Council voted five (5) for and none (0) opposed declining the results of the August 12, 2000,
Special Bond Election The motion carred.
12. Conduct a Public Hearing to Consider the Approval of an Ordinance Granting a Change in
Zoning by Granting Specific Use Permit No. 80 for a Restaurant with Private Club for Mimi's
Cafe, Situated on I± Acre Located at 810 West McDermott Drive in the Twin Creeks Village
Shopping Center, East of Bray Central Drive and Northwest of US 75.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to
do so at this time.
Ms. Monica Thompson spoke on behalf of the proponent and requested approval of the SUP
With no one else speaking, Mayor Terrell closed the public hearing.
Ordinance No. 1865-8-00: An Ordinance of the City Council of the City Of Allen, Collin County, Texas,
Amending the Allen Land Development Code Ordinance No 1845-6-00 and Zoning Map, as Previously
Amended, by Granting Specific Use Permit No 80 for Restaurant With Private Club With Special
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 17, 2000
PAGE
Conditions for the Property Zoned Planned Development No. 54, Being 1.2145 Acres, Lot 16, Block D of
Bray Central Addition, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached
Hereto, Providing for Approving of the Site Plan, Building Elevations and Floor Plan Attached Hereto as
Exhibits "B," "C" and "D" Respectively; Providing a Severability Clause; Providing a Savings Clause;
Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense;
and Providing for an Effective Date.
MOTION: Upon a motion made by Councilmember Buchanan and a second by Mayor Pro Tem Gallagher,
the Council voted five (5) for and none (0) opposed to adopt Ordinance No. 1865-8-00 as
previously captioned. The motion carred.
13. Conduct a Public Hearing to Consider the Approval of an Ordinance Granting a Change in
Zoning by Granting Specific Use Permit No. 81 for a Restaurant with Private Club for On the
Border Mexican Restaurant, Situated on It Acre Located in the Twin Creeks Village Shopping
Center, East of Bray Central Drive and Northwest of LIS 75.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to
do so at this time
Ms. Wendy Hunter spoke on behalf of the proponent and requested approval of the SUP
With no one else speaking, Mayor Terrell closed the public hearing.
Ordinance No. 1866-8-00: An Ordinance of the City Council of the City Of Allen, Collin County, Texas,
Amending the Allen Land Development Code, Ordinance No. 1845-6-00 and Zoning Map, as Previously
Amended, by Granting Specific Use Permit No. 81 for Restaurant With Private Club With Special
Conditions for Property Zoned Planned Development No. 54, Being 1.5164 Acres, Lot 13A, Block D of
Bray Central Addition, City of Allen, Collin County, and Being Further Described in Exhibit "A" Attached
Hereto; Providing for Approving of the Site Plan, Building Elevations and Floor Plan Attached Hereto as
Exhibits "B," "C" and "D" Respectively, Providing a Severability Clause, Providing a Savings Clause;
Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense;
and Providing for an Effective Date.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Falk, the
Council voted five (5) for and none (0) opposed to adopt Ordinance No. 1866-8-00 as previously
captioned. The motion carred.
14. Adopt a Resolution Authorizing an Interlocal Cooperation Agreement with the City of Parker for
Police and Fire Services at the Bolin Elementary School Site.
Resolution No. 1867-8-00(R): A Resolution of the City Council of the City of Allen, Collin County, Texas,
Approving the Terms and Conditions of an Interlocal Cooperation Agreement By and Between the City of
Allen, Texas, and the City of Parker, Texas, to Provide Police and Fire Services at the Bolin Elementary
School Site; Authonzing its Execution by the City Manager; and Providing an Effective Date.
ALLEN CITY COUNCIL
1 REGULAR MEETING
AUGUST 17, 2000
A
PAGE 5
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Bartlemay, the
Council voted five (5) for and none (0) opposed to adopt Resolution No 1867-8-00(R) as
previously captioned The motion earned.
15. Adopt a Resolution Authorizing an Interlocal Cooperation Agreement with the City of Plano for
Library Courier Services.
Resolution No. 1868-8-00(R): A Resolution of the City Council of the City of Allen, Collin County,
Texas, Approving the Terms and Conditions of an Interlocal Cooperation Agreement by and Between the
City of Allen and the City of Plano Providing the Terms and Conditions for the Library Courier Services
Between the Allen Public Library and Schimelpfenig Library in Plano; and Providing an Effective Date.
MOTION: Upon a motion made by Councilmember Folk and a second by Mayor Pro Tem Gallagher, the
Council voted five (5) for and none (0) opposed to adopt Resolution No 1868-8-00(R) as
previously captioned. The motion tamed.
Council requested cost comparison information for a private couner service.
Other Business
16. Calendar
• August 22 — Public Hearing on the Budget
• August 29 — Public Hearing on the Tax Rate
• September 11, 18, 25, October 2 — Autumn Rhvohms Fall Concert Series/7-9 p.m./Joe Farmer
Recreation Center Hillside Amphitheater
17. Items of Interest
Executive Session
The Executive Session was not held.
18. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Buchanan,
the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 7.52 p.m. on Thursday, August 17, 2000. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
AUGUST 17, 2000 PAGE 6
These minutes approved on the 7s' day of September, 2000.
ATTEST:
J y Mo son, CMC/AAE, CITY SECRETARY
A
APPROVED:
,-
Stephen rrell, MAYOR