Min - City Council - 2001 - 05/17 - RegularPresent:
Stephen Terrell, Mayor
Councilmembers:
Melissa Owen, Mayor Pro Tem
Debbie Stout
Richard Buchanan
Bill Petty
Susan Bartlemay (absent)
Kenneth Fulk
City Staft:
Peter H. Vargas, City Manager
Judy Morrison, City Secretary
Peter G. Smith, Attorney
Call to Order and Announce a Quorum is Present
With a quomm of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:08 p.m. on Thursday, May 17, 2001, in the Council Chambers of the Allen City
Hall, One Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included:
• Briefing Regarding the Strategic Planning Issues.
• Briefing Regarding the Right -of -Way Management Ordinance.
Pledite of Alleaiance
1. Citizens' Comments.
2. Presentation of a Plaque -of -Appreciation to Ms. Kay McKenna, Former Board Member of the
Keep Allen Beautiful Board.
3. Presentation by Dr. Tom Ward Recognizing the Paramedic of the Year.
4. Presentation by Dr. Tom Ward Recognizing the Emergency Medical Technician of the Year.
5. Presentation of Proclamations from the Office of the Mayor.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 17, 2001
Present:
Stephen Terrell, Mayor
Councilmembers:
Melissa Owen, Mayor Pro Tem
Debbie Stout
Richard Buchanan
Bill Petty
Susan Bartlemay (absent)
Kenneth Fulk
City Staft:
Peter H. Vargas, City Manager
Judy Morrison, City Secretary
Peter G. Smith, Attorney
Call to Order and Announce a Quorum is Present
With a quomm of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:08 p.m. on Thursday, May 17, 2001, in the Council Chambers of the Allen City
Hall, One Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included:
• Briefing Regarding the Strategic Planning Issues.
• Briefing Regarding the Right -of -Way Management Ordinance.
Pledite of Alleaiance
1. Citizens' Comments.
2. Presentation of a Plaque -of -Appreciation to Ms. Kay McKenna, Former Board Member of the
Keep Allen Beautiful Board.
3. Presentation by Dr. Tom Ward Recognizing the Paramedic of the Year.
4. Presentation by Dr. Tom Ward Recognizing the Emergency Medical Technician of the Year.
5. Presentation of Proclamations from the Office of the Mayor.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 17, 2001
PAGE
• Presentation of a Proclamation to Chief Ron Gentry, Assistant Chief Mike Hagood, Captains
and Firefighters of the Allen Fire Department Proclaiming May 20-26, 2001, as Texas
Emergency Medical Services Week.
• Presentation of a Proclamation to Officer Vikki Francis, Animal Control Supervisor, on
behalf of the Animal Control Department, Proclaiming May 20-26, 2001, as Bite Prevention
Week.
• Presentation of a Proclamation to Mr. Steve Massey, Director of Community Services, on
behalf of the Community Services Department, Proclaiming May 20-26, 2001, as National
Public Works Week.
• Presentation of a Proclamation to Captain Robert Flores, on behalf of the Police Department,
Proclaiming May 21-28,2001, as Buckle Up Allen Week.
• Presentation of a Proclamation to Mr. John Lersch, President, and Ms. Kimberly Kollar,
President -Elect of the National Management Association, Boeing North American Leadership
Association, Proclaiming June 3-9, 2001, as Management Week.
• Presentation of a Proclamation to Mr. Tim Bates, President, Ms. Susan Kimbrell, Board
member, and Ms. Heather Fink, Secretary, of the Alcatel USA Leadership Association,
National Management Association, Chapter #280, Proclaiming June 3-9, 2001, as
Management Week.
Consent Aeenda
MOTION: Upon a motion made by Councilmember Falk, the Council removed the following item from
the consent agenda:
12. Adopt a Resolution Supporting the City of McKinney in its Efforts to Invest in the Development
of the McKinney Municipal Airport.
MOTION: Upon a motion made by Councilmember Folk and a second by Councilmember Buchanan, the
Council voted six (6) for and none (0) opposed to approve and adopt all remaining items on the
consent agenda as follows:
6. Approve Minutes of the April 26, 2001, Special Called Meeting.
7. Approve Minutes of the May 3, 2001, Regular Meeting.
8. Approve Minutes of the May 10, 2001, Special Called Meeting.
9. Adopt an Ordinance Adopting Amendments in the Allen City Charter as a Result of Approved
Charter Amendments.
ORDINANCE NO. 1941-5-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING THE AMENDMENTS TO THE HOME RULE
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 17, 2001
PAGE
CHARTER APPROVED BY THE VOTERS OF THE CITY OF ALLEN AT AN ELECTION HELD
ON MAY 5,2001; AND PROVIDING FOR AN EFFECTIVE DATE.
10. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and
Traffic," Establishing a Speed Limit of 25 miles -per -hour on Cedar Drive between St. Mary
Drive and Exchange Parkway and Establishing a Speed Limit of 20 miles -per -hour on Allen
Station Park Drive.
ORDINANCE NO. 1942-5-01 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 9-135(a), TO ESTABLISH THE
MAXIMUM PRIMA FACIE SPEED LIMIT FOR CEDAR DRIVE AND ALLEN STATION PARK
DRIVE, OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN;
PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
11. Adopt an Ordinance Amending the Cade of Ordinances, Chapter 9, "Motor Vehicles and
Traffic," Establishing a Speed Limit of 45 miles -per -hour within the City Limits on SH 5
between Chaparral Road and Stacy Road.
1 ORDINANCE NO. 1943-5-01: 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 9-135(a), TO ESTABLISH THE
MAXIMUM PRIMA FACIE SPEED LIMIT FOR STATE HIGHWAY 5 (GREENVILLE AVENUE)
WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN; PROVIDING FOR A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
13. Adopt a Resolution to End the NorthSTAR Experiment at the Completion of the Existing
Contract and Return Local Control Over Public Mental Health Services to Community MHMR
(Mental Health Mental Retardation) Center Trustees.
RESOLUTION NO. 1945-5-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, REQUESTING PARTICIPATION IN THE
TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION
NORTHSTAR PILOT PROGRAM BE TERMINATED; REQUESTING LOCAL CONTROL
OVER PUBLIC MENTAL HEALTH SERVICES TO THE COMMUNITY MHMR CENTER
TRUSTEES BE REINSTATED; AND PROVIDING AN EFFECTIVE DATE.
14. Confirmation of Execution of a Contract with Site Concrete, as an Emergency Purchase, in the
Amount of $33,530 for the Initial Phase of Improvements to the Main Street (FM 2170) and
Malone Road Intersection.
City Council authorized the City Manager to execute a contract with Site Concrete for the Initial Phase
of Improvements to the Main Street (FM 2170) and Malone Road Intersection for an amount not to
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 17, 2001 PAGE 4
exceed $33,830
15. Consider Approval of an Expenditure Regarding the Utility Oversize in the Lost Creek Phase H
Subdivision.
City Council authorized the City Manager to use impact fee funds for the wastewater and water utility
upsize, as a component of the Lost Creek Phase R Subdivision, for an amount not to exceed $210,270
from the Water Impact Fee Fund and $26,170 from the Wastewater Impact Fee Fund.
16. Authorize Execution of Contracts with Nextel of Texas, Inc., for the Following:
A. Execute a Five-year Contract in the Amount of $15,000 per Year for Placement of a
Cellular Antenna on the Custer Water Tower.
B. Execute a Five-year Contract in the Amount of $15,000 per Year for Placement of a
Cellular Antenna on the Bethany Water Tower.
City Council authorized the City Manager to execute contracts with Nextel of Texas, hie., for five-year
term contracts with an option for five additional five-year terms at $15,000 per year with a rate increase
of 15% each term, for a cellular antenna to be placed on the Custer Water Tower and the Bethany
Water Tower
1 17. Authorize Execution of a Contract for Professional Services with Rome Engineers, Inc., in the
Amount of $16,653.50 for Construction Materials Engineering and Testing for the Police
Building Expansion Project.
City Council authorized the City Manager to execute a contract with Rune Engineers, Inc., to perform
the Construction Materials Engineering and Testing for the Police Building Expansion project in the
amount of $16,653.50.
18. Authorize Execution of a Contract for Professional Services with Engineered Air Balance Co.,
Inc., in the Amount of $16,800 for Air Testing and Balancing for the Police Building Expansion
Project.
City Council authorized the City Manager to execute a contract for professional services with
Engineered Air Balance Cc , Inc., to perform the Air Testing and Balancing for the Police Building
Expansion project in the amount of $16,800.
19. Authorize Execution of a Contract for Professional Engineering Services with GBW Engineers,
Inc., in the Amount of $326,661 for the Design of Bethany Drive Widening from Four -lanes to
Six -lanes from US 75 to Allen Heights Drive and an 18 -inch Waterline Extension from US 75 to
Jupiter Road.
City Council authorized the City Manager to execute a contract with GBW Engineers, Inc, for
professional engineering services for the design of Bethany Drive widening to a six -lane divided road
from US 75 to Allen Heights Drive and an 18" waterline extension from US 75 to Jupiter Road in the
amount of $326,661.
20. Receive the CIP (Capital Improvement Program) Status Report.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 17, 2001
1 The motion carried.
PAGE 5
12. Adopt a Resolution Supporting the City of McKinney in its Efforts to Invest in the Development
of the McKinney Municipal Airport.
RESOLUTION NO. 19445-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE CITY OF MCKINNEY IN ITS EFFORTS
TO INVEST IN THE DEVELOPMENT OF THE MCKMNEY MUNICIPAL AIRPORT; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Fulk and a second by Mayor Pro Tem Owen, the
Council voted six (6) for and none (0) opposed to approve and adopt Resolution No.
1944-5-01(R) as previously captioned. The motion carried.
21. Conduct a Public Hearing and Adopt an Ordinance Granting a Specific Use Permit to a
Restaurant with a Private Club for TwoRows Restaurant on 13 Acres of Land Located North of
the Northeast Corner of Bethany Drive and 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.
With no one speaking, Mayor Terrell closed the public bearing.
ORDINANCE NO. 1946-5-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING DISTRICT MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE
PERMIT NO. 85 FOR A RESTAURANT WITH PRIVATE CLUB ON PROPERTY ZONED
PLANNED DEVELOPMENT NO. 68, AND BEING FURTHER DESCRIBED IN EXHIBIT "A";
ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS, PROVIDING FOR
APPROVING OF THE SITE PLAN, BUILDING ELEVATIONS, FLOOR PLAN, AND
LANDSCAPE PLAN ATTACHED HERETO AS EXHIBITS `B," "C," "D," AND "E"
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 Petty and a second by Councilmember Buchanan, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1946-5-01
as previously captioned The motion carried
22. Adopt a Resolution Establishing Rates and Fees for Solid Waste Collection/Recycling Services.
RESOLUTION NO. 1947-5-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES AND RATES FOR SOLID WASTE
COLLECTION SERVICES; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 17, 2001
PAGE
MOTION: Upon a motion made by Councilmember Buchanan and a second by Mayor Pro Tem Owen, the
Council voted six (6) for and none (0) opposed to adopt Resolution No. 1947-5-01(R) as
previously captioned. The motion carred.
23. Adopt a Resolution Approving the Articles of Incorporation and Bylaws of the Cities
Aggregation Power Project, Inc.
RESOLUTION NO. 1948-5-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE ARTICLES OF INCORPORATION AND
BYLAWS OF CITIES AGGREGATION POWER PROJECT, INC, A POLITICAL SUBDIVISION
CORPORATION, ACCEPTING MEMBERSHIP IN SAID CORPORATION; APPOINTING A
REPRESENTATIVE TO SERVE ON BEHALF OF CITY OF ALLEN; APPROVING PAYMENT OF
AN INITIAL MEMBERSHIP FEE; AND PROVIDING AN EFFECTIVE DATE,
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Petty, the
Council voted six (6) for and none (0) opposed to adopt Resolution No. 1948-5-01(R) as
previously captioned. The motion carred.
24. Authorize the City Manager to Execute the Necessary Documents Regarding Negotiations and
Purchase of Property for Parkland. Refer to Executive Session
25, TABLED ITEM: Appoint a Member to the North Texas Municipal Water District Board for a
Two-year Term Effective June 1, 2001, through May 31, 2003.
Other Business
26. Calendar.
• May 19—Employee Day at the Park/Ford Park/4-8 p.m.
• May 28—City Offices Closed/Memorial Day Observed
• June 30—Allen USA
• August 10-12—Council Budget Workshop
27. Items of Interest.
In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072,
Personnel, Section 551.074; Staff Presentations, Section 551.075; the Allen City Council convened into
Executive Session at 8:07 p.m. on Thursday, May 17, 2001, in the Council Conference Room, One Allen Civic
Plaza, Allen, Texas, in order to continue discussing matters pertaining to.
• Personnel – Discussion Concerning Appointment of a Public Officer, to wit: Representative to the
North Texas Municipal Water District (NTMWD) Board of Directors.
• Property – Discussion Concerning Negotiations for the Purchase of Property for Parkland.
The Executive Session was adjourned at 9:25 p in on Thursday, May 17, 2001
28. Reconvene and Consider Action on Items Discussed during Executive Session.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 17, 2001
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• Personnel — Discussion Concerning Appointment of a Public Officer, to wit. Representative to the
North Texas Municipal Water District (NTMWD) Board of Directors.
• Property — Discussion Concerning Negotiations for the Purchase of Property for Parkland.
No action was taken.
Adiourn
MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 9:26 p.m. on Thursday, May 17, 2001. The motion carred
These minutes approved on the 7s' day of June, 2001,
ATTEST:
Judf Morriso, CMC/AAE, CITY SECRETARY
A
APPROVED:
Stephen Terrell, MAYOR