Min - City Council - 2002 - 05/16 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 2002
Present:
Stephen Terrell, Mayor
Councilmembers:
Melissa Owen, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Richard Buchanan (absent)
Bill Petty
Susan Bartlemay
Kenneth Fulk
Jeff McGregor
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 14 p.m. on Thursday, May 16, 2002, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop
included:
• Discussion Regarding Historical Significance of Certain Buildings in the Allen City Limits.
Pledee of Alleeiance
Adopt a Resolution Declaring the Updated Results of the May 4, 2002, General and Special
Election.
RESOLUTION NO. 2044-5-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DECLARING THE RESULTS OF THE GENERAL
ELECTION OF THE CITY OF ALLEN HELD MAY 4, 2002, FOLLOWING A RECOUNT FOR
THE OFFICE OF CITY COUNCILMEMBER PLACE 2; AND PROVIDING AN EFFECTIVE
DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 2002
PAGE
LMOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Owen,
the Council voted six (6) for and none (0) opposed to approve and adopt Resolution No.
2044-5-02(R) as previously captioned. The motion carried.
There were no changes in the electron returns in the recount of the Mayor's positron
2. Administer Oaths -of -Office and Present Certificates -of -Election to Mayor Terrell and
Councilmembers Obermeyer, Bartlemay, and McGregor.
City Secretary Judy Morrison administered the Oaths -of -Office to re-elected Mayor Steve Terrell and
Councdmember Susan Bartlemay, Place No. 4, and newly elected Councilmembers Ross Obermeyer,
Place No. 2, and Jeff McGregor, Place No. 6 Ms. Morrison presented the Certificate -of -Election to
Mayor Terrell. Mayor Terrell presented the Certificates -of -Election to Councilmembers Obermeyer,
Bartlemay and McGregor and offered congratulations to those individuals. The newly elected Mayor
and Councilmembers took their places at the Council bench.
Administer Oath -of -Office and Present Certificate -of -Appointment to Mr. Richard Kessler,
Newly Appointed Member of the Community Development Corporation Board.
City Secretary Judy Morrison administered the Oath -of -Office to Mr. Richard Kessler, newly
appointed member of the Community Development Corporation Board Mayor Terrell presented the
Certificate -of -Appointment to Mr. Kessler and offered congratulations.
Public Recoanition
Citizens' Comments.
Presentation of Proclamations from the Office of the Mayor.
• Presentation of a Proclamation to Representatives of the Friends of the Library Regarding their
Participation with the Smithsonian Exhibit/Listening to the Prairie: Fanning in Nature's Image.
• Presentation of a Proclamation to Representatives of the Allen Heritage Guild Regarding their
Participation with the Smithsonian Exhibit/Listening to the Prairie: Fanning in Nature's Image.
• Presentation of a Proclamation to Steve Massey, Director of Community Services, and John
Baumgartner, Director of Engineering, on behalf of the Community Services and Engineering
Departments, Proclaiming May 19-25, 2002, as Motional Public Works Week.
• Presentation of a Proclamation to Captain Robert Flores, Public Information Officer for the
Police Department, on behalf of the Police Department, Proclaiming May 20 -June 2, 2002, as
Click It or Ticket Weeks in the City of Allen.
• Presentation of a Proclamation to Kenneth Elsbury, Boeing North American Leadership
Association, Proclaiming June 2-8, 2002, as Management Week.
• Presentation of a Proclamation to Officers of the Senior Center and Beth Vogel, Seniors Program
Coordinator for the Allen Senior Center, Proclaiming May 2002 as Older Americans'Month.
r" Due to a
tragedy in
the Fire Department, the
following items will be conducted at the
June 11, 2002, regular
■L meeting.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 2002 PAGE 3
6. Presentation by Dr. J. Tom Ward, Jr., Recognizing the Paramedic of the Year.
7. Presentation by Dr. Tom Ward, Jr., Recognizing the Emergency Medical Technician of the
Year.
8. Presentation by Mayor Terrell to Dr. J. Tom Ward, Jr., Recognizing his Twelve Years of
Service to the Allen Fire Department as the Emergency Medical Service Medical Director.
Consent Aeenda
MOTION: Upon a motion made by Councdmember Stout and a second by Councilmember Petty, the
Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda
as follows:
Approve Minutes of the May 2, 2002, Regular Meeting.
10. Approve Minutes of the May 9, 2002, Special Called Meeting to Canvass Election.
it. Adopt a Resolution Approving and Authorizing Publication of Notice of Intention to Issue
Certificates of Obligation.
RESOLUTION NO. 2045-5-0IIRI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND AUTHORIZING PUBLICATION
OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND PROVIDING
AN EFFECTIVE DATE.
Staff noted that Exhibit "A" should be amended to read June 25 rather than June 18.
12. Adopt a Resolution Authorizing Execution of an Interlocal Cooperation Agreement with the
City of Plano to Provide Automatic Aid between the Allen and Plano Fire Departments.
RESOLUTION NO. 2046-5-02(Rl: 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 PLANO, TEXAS, TO PROVIDE AUTOMATIC AID BETWEEN THE
ALLEN AND PLANO FIRE DEPARTMENTS; AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
13. Adopt a Resolution Authorizing Execution of an Interlocal Cooperation Agreement with Collin
County Community College to Designate a Cable Broadcast Channel for Educational
Programming.
RESOLUTION NO. 2047-5-02(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 COLLIN COUNTY COMMUNITY COLLEGE DISTRICT, ALLOWING THE
DISTRICT TO BROADCAST EDUCATIONAL PROGRAMMING THROUGH THE CABLE
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 2002
PAGE
SYSTEM; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN
EFFECTIVE DATE.
14. Adopt a Resolution Supporting the Energy Efficiency Goals Established in Senate Bill 5 of the
77" Legislative Session of 2001, State of Texas.
RESOLUTION NO. 2048-5-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, RESOLVING TO SUPPORT THE ENERGY
EFFICIENCY GOALS ESTABLISHED IN SENATE BILL 5 OF THE 77m LEGISLATIVE
SESSION OF 2001, STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE.
15. Authorize Execution of a Professional Services Contract with C. Sean Black, M.D., as the
Medical Director for the Emergency Medical Services System (EMS Medical Director) for the
Allen Fire Department in the Amount of $24,000 Annually with an Option to Renew on an
Annual Basis for a Period of Three Years.
Council authorized the City Manager to execute a professional services contract with C. Sean Black,
M.D., as the Medical Director for the Emergency Medical Services System (EMS Medical Director)
for the Allen Fire Department in the amount of $24,000 annually with an option to renew on an
annual basis for a period of three years.
16. Authorize Execution of a Construction Contract with Jim Bowman Construction Company,
L.P., the Lowest and Best Bidder, for an Amount not to Exceed $71,997 for the Construction of
the 63 -foot Brookside Pedestrian Bridge.
Council authorized the City Manager to execute a Construction Contract with Jim Bowman
Construction Company, L.P., the lowest and best bidder, for an amount not to exceed $71,997 for the
construction of the 63 -foot Brookside Pedestrian Bridge,
17. Authorize Execution of a Professional Services Contract with Carter & Burgess, Inc. to
Perform a Comprehensive Hydraulic and Erosion Study on the "Unnamed Tributary" of
Rowlett Creek for an Amount not to Exceed $51,448.
Council authorized the City Manager to execute a professional services contract with Carter &
Burgess, hic. to perform a comprehensive hydraulic and erosion study on the "Unnamed Tributary"
of Rowlett Creek for an amount not to exceed $51,448.
18. Authorize Execution of a Change Order with Emerson Partners, Inc., and Emerson Farm
Company, Ltd. for the Cost to Construct a Large Diameter Water Main along West Bethany
Drive for $339,581.14, Execute a Professional Services Agreement with Huff Associates, Inc. to
Design the Waterline for $26,800 and Adjust the Budget for this Project to $5,646,216.41.
Council authorized the City Manager to execute a change order with Emerson Partners, Inc. and
Emerson Farm Company, Ltd. for the cost to construct a large diameter water main along West
Bethany Drive for $339,581.14, execute a professional services agreement with Halff Associates,
EInc. to design the waterline for $26,800 and adjust the budget for this project to $5,646,216.41.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 2002 PAGE 5
f 19. Accept Resignation from Ms. Lesa Stelez, Keep Allen Beautiful Board, Place No. 3.
20. Set June 25, 2002, as the Date for a Public Hearing to Consider Amending Land Use
Assumptions, the Capital Improvement Plan and Impact Fees Pursuant to Chapter 395 of the
Texas Government Code.
21. Receive the CIP (Capital Improvement Program) Status Report.
The motion carred
22. Adopt an Ordinance Amending Article III Itinerant Merchants, Peddlers, Etc. of Chapter 8,
Licenses and Business Regulations, of the Code of Ordinances of the City of Allen and Adopt a
Resolution Establishing Fees.
ORDINANCE NO. 2049-5-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 8, ARTICLE IB TO ESTABLISH
REGULATIONS FOR PEDDLERS AND SOLICITORS, PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE,
RESOLUTION NO. 2050-5-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, REPEALING RESOLUTION NO. 1753-8-99(R) AND
ESTABLISHING PERMIT FEES AND OTHER CHARGES FOR SOLICITOR'S PERMITS
AUTHORIZED BY CHAPTER 8, ARTICLE IB OF THE CODE OF ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2049-5-02 and Resolution No. 2050-5-02(R) as previously captioned. The motion carred.
23. Adopt a Resolution Adopting the Six Cities Trail Plan.
RESOLUTION NO. 2051-5-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING THE SIX CITIES TRAIL PLAN,
SUPPORTING COOPERATIVE DEVELOPMENT STRATEGIES; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2051-5-02(R)
as previously captioned. The motion camed.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 2002
Other Business
24. Calendar.
• May 18—Employee Day at the Park/Ford Park/1 1:00 a in. – 3:00 p.m.
• May 27—City Offices Closed in Observance of Memorial Day
• June 6—Keep Allen Beautiful Corporate Challenge
• June 1 I and 25—Council Meeting Dates for June
• June 29—Allen USA/Allen Station Park
• August 16-18—Budget Worskhop/Tanglewood on Texoma
25. Items of Interest.
The regular session recessed at 8:08 p in
Executive Session
PAGE
In accordance with the Texas 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 8:23 p.m. on Thursday, May 16, 2002, in the Council Conference Room, Allen Civic
v Consultation with City Attorney Regarding Public Utility Commission Docket No.
25310/Appeal of Reliant Resources, Inc. of City of Allen Ordinance No. 2007-12-01, SOAH
Docket No. 473-02-1558
i+ Public Utility Commission Docket No. 25429, SOAH Docket No. 473-02-1833/Appeal of
Oncor of City of Allen Ordinances
The Executive Session adjourned at 8:45 p.m. on Thursday, May 16, 2002.
26. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 8:47 p.m. on Thursday, May 16, 2002, in
the Council Chambers of the Allen City Hall. No action was taken on items discussed during
Executive Session.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 8:50 p.m. on Thursday, May 16, 2002. The motion carred.
Plaza, 305
Century Parkway, Allen, Texas,
in order to
continue discussing matters pertaining to:
Legal–Pursuant to Section 551.071
of the
Texas Government Code to Discuss:
v Consultation with City Attorney Regarding Public Utility Commission Docket No.
25310/Appeal of Reliant Resources, Inc. of City of Allen Ordinance No. 2007-12-01, SOAH
Docket No. 473-02-1558
i+ Public Utility Commission Docket No. 25429, SOAH Docket No. 473-02-1833/Appeal of
Oncor of City of Allen Ordinances
The Executive Session adjourned at 8:45 p.m. on Thursday, May 16, 2002.
26. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 8:47 p.m. on Thursday, May 16, 2002, in
the Council Chambers of the Allen City Hall. No action was taken on items discussed during
Executive Session.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 8:50 p.m. on Thursday, May 16, 2002. The motion carred.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 16, 2002
These minutes approved on the 1 I a day of June, 2002.
APPROVED:
x4c, Ea9
Slephentferrell, MAYOR
Ely 61 x[.`7101
L� I&-Iii.LA!'1—
J�CMC/AAE, CITY SECRETARY
PAGE