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Min - City Council - 2001 - 06/07 - RegularALLEN CITY COUNCIL REGULAR MEETING JUNE 7, 2001 Present: Stephen Terrell, Mayor Councilmembers: Melissa Owen, Mayor Pro Tem Debbie Stout Richard Buchanan Bill Petty Susan Bartlemay (absent) Kenneth Fulk City Staff: Peter H. Vargas, City Manager Judy Morrison, City Secretary Peter G. Smith, 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 7:07 p.m. on Thursday, June 7, 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 Change of City Council Meeting Dates. • Briefing Regarding Proposed Membership/Facility Use Fees for the Don Rodenbaugh Natatorium. Pledge of Allegiance 1. Citizens' Comments. John Cahill, 633 Valley View Drive, Allen, Texas, expressed concern regarding voter participation. He recommended the Council partner with the School District and Chamber to form a "Citizen Awareness Council " This group should consist of neutral members of our community • Presentation by Ms. Susan Bernard and the Leadership Allen XII Class Regarding the Proposed Teen Center Project. Consent Agenda 1, A ALLEN CITY COUNCIL REGULAR MEETING JUNE 7, 2001 I WX"*4 MOTION: Upon a motion made by Councdmember Buchanan and a second by Counedmember Fulk, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the consent agenda as follows 2. Approve Minutes of the May 17, 2001, Regular Meeting. 3. Adopt an Ordinance Adopting and Enacting Supplement No. 13 to the Code of Ordinances for the City of Allen. ORDINANCE NO. 1949-6-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NUMBER 13 TO THE CODE OF ORDINANCES; PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY; PROVIDING A REPEAL OF CERTAIN ORDINANCES; PROVIDING EXCEPTIONS TO REPEAL, PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. 4. Authorize Execution of a Professional Services Contract with Motorola, Inc., for the Upgrade and Relocation of the Police Department Dispatch Center for an Amount not to Exceed $195,522. City Council authorized the City Manager to execute a professional services contract with Motorola, Inc., for the Police Department Dispatch Center Upgrade and Relocation Project per the City of Allen Request for Offers #01-05-17-41189 in an amount not to exceed $195,522. 5. Authorize Execution of a License Agreement with TXU Electric to Install Mounting Hardware and Banners on Utility Poles Owned by TXU Electric within the City Limits. City Council authorized the City Manager to execute an agreement with TXU Electric to place banners on selected TXU light poles. 6. Authorize Execution of a Facilities Agreement with Wynne -Jackson, Inc., Regarding the Waterford Trails Subdivision. City Council authorized the City Manager to execute a facilities agreement with Wynne -Jackson. Inc., regarding the Waterford Trails Subdivision. Construction of Watters Road Special Assessment Fund $226,872.00 Transportation Impact Fee Revenue from Subdivision $124,754.00 Total Construction Cost of Watters Road $351,626.00 City participation in utility oversize along Watters $38,136 56 from Water Bonds Construction of 12 -inch waterline along Curtis $0 00 (Developer funds) Construction of the West Half of Curtis $0 00 (Developer funds) Grand Total $389,762.56 Since Watters Road is an impact fee street, the cost to the developer to construct Watters Road will be credited against the transportation impact fees assessed to the Waterford Trails Subdivision. Conversely, Curtis Lane is not considered an impact fee street. Consequently, the paving ALLEN CITY COUNCIL REGULAR MEETING JUNE 7, 2001 PAGE improvements to half of Curtis Lane will be at the developer's expense. The waterline installed along Curtis Lane will initially be at the developer's expense, however, they will be reimbursed 50% of their construction cost through pro -rata fees applied to adjacent land owners when they develop their property. 7. Receive the Summary of Property Tax Collections as of April 2001. S. Receive the CIP (Capital Improvement Program) Status Report. The motion carried. 9. Adopt an Ordinance Approving the Management of Public Rights -of -Way. ORDINANCE NO. 1950-6-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADDING ARTICLE IB MANAGEMENT OF PUBLIC RIGHTS-OF-WAY TO CHAPTER 13, IN ORDER TO ADMINISTER AND REGULATE THE USE OF PUBLIC RIGHTS-OF-WAY IN THE PUBLIC INTEREST, HEALTH, SAFETY AND WELFARE, PROVIDING FOR THE ISSUANCE AND REGULATION OF CONSTRUCTION PERMITS, PROVIDING A REPEALING CLAUSE; �+ PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A ! SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE L SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE, MOTION: Upon a motion made by Councilmember Stout and a second by Mayor Pro Tem Owen, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1950-6-01 as previously captioned The motion carred. Staff was asked to develop a standard operating procedure to more clearly define what is to be included in the plan and profile for use by utilities and contractors. 10. Adopt Resolutions Authorizing the City Manager to Initiate Eminent Domain Proceedings, if Necessary, for Acquisition of Property for the Roadway Improvements to the Following: A. RESOLUTION NO. 1951-6-O1(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF STREET RIGHT-OF-WAY FOR ANGEL PARKWAY AS DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-WAY, AND PROVIDING AN EFFECTIVE DATE. B. RESOLUTION NO. 1952-6-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF STREET RIGHT-OF-WAY FOR MALONE ROAD AS DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO ALLEN CITY COUNCIL REGULAR MEETING JUNE 7, 2001 PAGE 4 FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-WAY, AND PROVIDING AN EFFECTIVE DATE MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Stout, the Council voted six (6) for and none (0) opposed to adopt Resolution Nos. 1951-6-01(R) and 1952-6-01(R) as previously captioned. The motion carred. 11. 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. 12. Calendar. • Jane 28-29—The Southwestern Legal Foundation's Municipal Legal Studies Center • Jane 30—Allen USA Ce/ebrahomBusmess Expo • July 4—City Offices Closed • July 9, 16, 30—Summer Sounds Concert/7:30 p m./Joe Farmer Recreation Center • August 10-12—Council Budget Workshop • August 13—Tentative TRIAD Meeting 13. 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 8:15 p.m on Thursday, June 7, 2001, in the Council Conference Room, One Allen Cmc 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. The Executive Session was adjourned at 9.02 p.m. on Thursday, June 7, 2001, 14. Reconvene and Consider Action on Items Discussed during Executive Session. No action was taken. 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 9:05 p.m. on Thursday, lune 7, 2001 The motion carried. ALLEN CITY COUNCIL REGULAR MEETING JUNE 7, 2001 These minutes approved on the 21" day of June, 2001. 04 tl Y*3M J y McnWison, CMC/AAE, CITY SECRETARY 11 APPROVED: Stephen Terrell, MAYOR PAGES