Min - City Council - 2001 - 06/21 - RegularFII a Mali 111190111WEN 19
REGULAR MEETING
JUNE 21, 2001
Present
Stephen Terrell, Mayor
Councilmembers:
Melissa Owen, Mayor Pro Tem
Debbie Stout
Richard Buchanan
Bill Petty
Susan Bartlemay
Kenneth Falk
Citv 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 21, 2001, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop
included:
• Briefing Regarding Change of City Council Meeting Dates.
• Briefing Regarding the Schematic Planning for Malone Community Park.
Pledee of Allegiance
Citizens' Comments.
• Presentation of a Donation to Barbara Buehler, Library Director, and Morita Richards,
Children's Librarian, by Captain Mike Hagood, President of the Allen Kiwanis, on behalf of
the Kiwanis Club of Allen, for the Purchase of Books and Learning Materials for the
Children's Library.
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ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 21, 2001
Consent Aeenda
PAGE
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Buchanan, the
Council voted seven (7) for and none (0) opposed to approve and adopt all items on the consent
agenda as follows:
2. Approve Minutes of the June 7, 2001, Regular Meeting.
3. Adopt an Ordinance Reconfirming the Work Period for Fire and Police Departments within the
Classified Service According to the Fair Labors Standards Act.
ORDINANCE NO. 1953-6-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A WORK PERIOD FOR FIRE AND
POLICE DEPARTMENTS WITHIN THE CLASSIFIED SERVICE FOR THE CITY OF ALLEN,
TEXAS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
4. Adopt a Resolution Authorizing Participation with Other Cities Served by TXU Gas Distribution
in Administrative and Court Proceedings Involving TXU Gas Cost Reconciliation Matters
Related to a Filing made in the Summer of 2001.
RESOLUTION NO. 1954-6-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING INTERVENTION BEFORE THE
RAILROAD COMMISSION OF TEXAS IN GOD NO. 9180 OR A SUCCESSOR DOCKET,
AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY TXU GAS DISTRBUTION
IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING TXU GAS COST
RECONCILIATION MATTERS RELATED TO A FILING MADE IN THE SUMMER OF 2001 AS
DIRECTED BY A STEERING COMMITTEE OF CITIES; DESIGNATING A REPRESENTATIVE OF
THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF
REASONABLE RATE CASE EXPENSE.
5. Authorize Execution of a Contract for Professional Services with DMG-MAXIMUS, INC., to
Prepare a Water and Wastewater Cost of Service, Multi-year Financial Plan, and Rate Design
Study in the Amount of $29,500.
Council authorized the City Manager to execute a contract for professional services with DMG-
MAXIMUS, INC., to prepare a water and wastewater cost of service, multi-year financial plan, and rate
design study in the amount of $29,500.
6. Award Bid and Authorize Execution of a Construction Contract with J -N Construction, Inc., the
Lowest and Best Bidder, to Construct Phase II of the Allen Heights Water Transmission Line
Project for an Amount not to Exceed $1,140,642.60.
Council authorized the City Manager to execute a contract with J -N Construction, Inc., the lowest and
best bidder, to construct Phase 1I of the Allen Heights Water Transmission Line Project in an amount
not to exceed $1,140,642.60.
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ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 21, 2001
PAGE
7. Award Bid and Authorize Execution of a Contract with Global Advantage Services, Inc., the
Lowest and Best Bidder, for Phase I of the Sidewalk Construction Project along SH 5 for an
Amount not to Exceed $242,784 and Revise the Budget for SH 5 Improvements to $1,513,000
which Includes a Sidewalk Budget of $600,000.
Council authorized the City Manager to execute a contract with Global Advantage Services, Inc, the
lowest and best bidder, to construct Phase I of the State Highway 5 Sidewalk Project for an amount not
to exceed $242,784 and revise the budget for State Highway 5 Improvements to $1,513,000, which
includes a sidewalk budget of $600,000.
S. Authorize Execution of a Contract with Birkhoff, Hendricks & Conway, L.L.P., to Provide
Engineering Services for Phase II of the Mustang Creek Project for an Amount not to Exceed
$40,800.
Council authorized the City Manager to execute a contract for engineering services with Bukhoff,
Hendricks & Conway, L.L.P., for Phase B of the Mustang Creek Project for an amount not to exceed
$40,800.
9. Rejection of all Bids for Phase I of the Mustang Creek Landscape and Irrigation Project.
1 10. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
Reeular Aaenda
11. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development No. 34 by
Amending the Multi -family Development Regulations for 20t Acres of Land Located East of
Jupiter Road at Park Place as Requested by Crest Place Apartments/Crest Properties.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 1955-6-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING DISTRICT MAP, AS PREVIOUSLY AMENDED, TO
AMEND ORDINANCE NO. 641-10-85 PLANNED DEVELOPMENT DISTRICT NO. 34 FOR 20.3121
ACRES OF LAND, MORE OR LESS, LOCATED IN THE DAVID WETZEL SURVEY, ABSTRACT
NO. 977 RECORDED IN VOLUME 683, PAGE 784, DEED RECORDS OF COLLIN COUNTY,
TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A", BY AMENDING EXHIBIT `B"
OF ORDINANCE NO. 641-10-85 -'PD" MULTI -FAMILY RESIDENTIAL DISTRICT
REGULATIONS AND `PD" MULTI -FAMILY GENERAL REQUIREMENTS; AMENDING EXHIBIT
"C" CONCEPT PLAN, PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILfIY 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.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 21, 2001
PAGE
MOTION: Upon a motion made by Councdmember Bartlemay and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 1955-
6-01 as previously captioned The motion carred.
12. Conduct a Public Hearing and Adopt an Ordinance by Amending Planned Development No. 54
and Ordinance No. 1172-5-93 by Granting a Change in Zoning to Establish CC -PC -Corridor
Commercial -Private Club Zoning on 7f Acres of Land Located between US 75 and Bray Central
Drive, North of Village Way.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so.
With no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 1956-6-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING
PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93; BY GRANTING A CHANGE
OF ZONING FROM "TR" - TECHNOLOGY RESEARCH TO "CC -PC" - CORRIDOR
COMMERCIAL -PRIVATE CLUB ON TRACT 4A, 7.06 ACRES BEING A PART OF TRACT 3
FURTHER DESCRIBED IN EXHIBIT "A"; BY AMENDING TABLE IV -2, FLOOR AREA RATIO
REGULATIONS; PROVIDING A REPEALING CLAUSE; 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 Mayor Pro Tem Owen and a second by Councilmember Petty, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 1956-6-01 as
previously captioned The motion carred.
13. Conduct a Public Hearing and Adopt an Ordinance Amending the Thoroughfare Plan.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so.
Chansse Reaume, Director of the City of Allen Economic Development Corporation, spoke in support
of the recommendation of the Planning and Zoning Commission to remove Allen Drive as a collector
street from the Thoroughfare Plan.
With no one else speaking, Mayor Terrell closed the public hearing
ORDINANCE NO. 1957-6-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE 1998 COMPREHENSIVE PLAN AND
THOROUGHFARE PLAN, ORDINANCE NO. 1616-7-98, AS HERETOFORE AMENDED, BY
AMENDING TABLE 5 OF THE TRANSPORTATION ELEMENT AND PLATE 5 MAJOR
THOROUGHFARE PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 21, 2001
PAGE
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk, the
Council voted six (6) for and one (1) opposed with Councilmember Petty casting the negative
vote to adopt Ordinance No. 1957-6-01 as previously captioned. The motion carred.
14. 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.
See Item 17
15. Calendar.
• June 28-29—The Southwestern Legal Foundation's Municipal Legal Studies Center
• June 30—Allen USA Celebration/Business Expo
• July 4—City Offices Closed
• July 9, 16, 30—Summer Sounds Concert/7 30 p.m./Joe Farmer Recreation Center
• July 10—Allen Arts Association Volunteer Guild/7-8 p.m./City Hall Rotunda
• August 10-12—Council Budget Workshop
• September 17 NOTE CHANGE IN DATEITentative TRIAD Meeting
16. Items of Interest.
Executive Session
In accordance with The Texas Local Goveriunent 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 9:00 p.m. on Thursday, June 21, 2001, in the Council Conference Room, Allen Civic
Plaza, 305 Century Parkway, 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 9:22 p.m. on Thursday, June 21, 2001.
17. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Owen, the
Council voted seven (7) for and none (0) opposed to remove this item from the table. The
motion carred.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Buchanan, the
Council voted six (6) for and one (1) opposed with Mayor Terrell casting the negative vote, to
reappoint James Kerr on behalf of the City of Allen as a Member of the North Texas Municipal
L
Water District Board for a two-year terns effective June 1, 2001, through May 31, 2003. The
motion carred.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 21, 2001
PAGE
MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) opposed to adloum the regular session of the Allen
City Council at 9:28 p.m. on Thursday, June 21, 2001 The motion carried.
These minutes approved on the 5' day of July, 2001.
ATTEST:
Jtufy Mor on, CMC/AAE, CITY SECRETARY
F,
11
APPROVED:
Stephen Grrell, MAYOR