Min - City Council - 2002 - 11/26 - RegularC
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 26, 2002
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Bill Petty (absent)
Susan Bartlemay
Jeff McGregor
City Staff:
Peter H Vargas, City Manager
Judy Morrison, City Secretary (absent)
Peter G. Smith, Attorney
Shelley George, Assistant City Secretary
Call to Order and Announce a Ouorum 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.m. on Tuesday, November 26, 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:
• Briefing Regarding the Concept Plan for the Allen Drive Streetscape
• Update from pro.forma architecture, Inc. Regarding Design Development of the new Central
Library and Civic Auditorium
• Discussion Regarding the Proposed "Cancer Wall of Hope"
Pledee of Alleeiance
• Junior Girl Scout Troup #543 lead the City Council and its guests in the Pledge of Allegiance.
Citizens' Comments.
• Tim Derider, Assistant Director
of Parks and Recreation, introduced
newly hired Parks Services
Manager Robert Townsend.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 26, 2002
PAGE
• Mr. Jim Wolfe, 1106 Timberline Lane, Allen, Texas, spoke on behalf of Councilmember Bill
Petty. He submitted Councilmember Petty's resignation from the City Council effective
immediately He expressed his appreciation to the citizens of Allen for their support allowing
him to represent them. Mr. Wolfe officially submitted Bill's letter to the Council. Mr. Wolfe
requested Council/Staff to check on the progress of naming a street after Bill Petty, as presented
dunng his retirement ceremony. Each Councilmember spoke along with the City Manager
2. Recognition of the Finance Department as the Recipient of the Certificate of Achievement for
Excellence in Financial Reporting for 1001.
Upon the request of Councilmember Obermeyer, the following item was removed from the consent agenda.
it.
Authorize Confirmation of a Variance for the Wal Mart Neighborhood Market Located at the
Southwest Corner of Exchange Parkway and Angel Parkway as Approved by the Sign Control
Board Regarding a Sign on the North Face of the Structure.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout,
the Council voted six (6) for and none (0) opposed to approve and adopt all remaining items
on the consent agenda as follows:
3.
Approve Minutes of the November 11, 2002, Special Called Meeting to Canvass the Election.
4.
Approve Minutes of the November 12, 2002, Regular Meeting.
5.
Adopt an Ordinance Adapting Supplement No. 3 to the Allen Land Development Code.
ORDINANCE NO. 2112-11-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NUMBER 3 TO THE ALLEN
LAND DEVELOPMENT CODE; PROVIDING FOR THE PRINTING THEREOF; PROVIDING A
REPEAL OF CERTAIN ORDINANCES, PROVIDING EXCEPTIONS TO REPEAL, PROVIDING
A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE.
6.
Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and
Traffic," Establishing a Speed Limit on Angel Parkway between Exchange Parkway and FM
2170; Bethany Drive between Allen Heights Drive and Malone Road; and Revising the Speed
Limit on Bethany Drive between US 75 and Alma Drive within the Corporate Limits of the
City.
ORDINANCE NO. 2113-11-02: 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 ANGEL PARKWAY BETWEEN
EXCHANGE PARKWAY AND FM 2170, AND BETHANY DRIVE BETWEEN ALLEN
HEIGHTS DRIVE AND MALONE ROAD; AND BY REVISING SPEED LIMIT ON BETHANY
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 26, 2002
PAGE
7. Adopt a Resolution Approving the Updates to the Parks, Recreation, and Open Space Master
Plan 2000-2010.
RESOLUTION NO. 2114-11-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT,"
ADOPTING MINOR UPDATES TO THE CITY OF ALLEN'S PARKS, RECREATION AND
OPEN SPACE MASTER PLAN 2000 — 2010, FOR THE PURPOSE OF REMAINING ELIGIBLE
IN THE TEXAS PARKS AND WILDLIFE DEPARTMENT'S GRANT PROGRAM REFERRED
TO AS THE TEXAS RECREATION AND PARKS ACCOUNT; AND PROVIDING AN
EFFECTIVE DATE.
8. Adopt a Resolution Requesting the Members of the 781h Legislative Session to Support the
Texas Parks and Wildlife Department in their Effort to Manage a Local Parks Grant Program.
RESOLUTION NO, 2115-11-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, REQUESTING THE MEMBERS OF THE 78TH
LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT THE TEXAS PARKS AND
WILDLIFE DEPARTMENT IN THEIR EFFORT TO MANAGE A FAIR AND JUST LOCAL
PARKS GRANT PROGRAM REFERRED TO AS THE TEXAS RECREATION AND PARKS
ACCOUNT, AND PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Adopting the First Amendment to the Interlocal Cooperation Agreement
between the City of Allen, City of Frisco, and City of Plano for a Joint Radio Communications
System for Public Safety and Municipal Government Services.
RESOLUTION NO. 2116-11-02(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
AND THE CITIES OF FRISCO AND PLANO, UNDER WHICH ALLEN, FRISCO AND PLANO
WILL OPERATE A JOINT RADIO COMMUNICATIONS SYSTEM FOR PUBLIC SAFETY AND
MUNICIPAL GOVERNMENT SERVICES, AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER, AND PROVIDING AN EFFECTIVE DATE.
10. Award Bid and Authorize Execution of a Contract with D&A Irrigation for the Installation of
the Stacy Road Pump Station Landscaping and Irrigation.
Council authorized the City Manager to execute a contract with D&A Irrigation for the installation of
the Stacy Road Pump Station landscaping and irrigation for an amount not to exceed $84,000.
DRIVE BETWEEN US 75 AND ALMA DRIVE WITHIN THE CORPORATE LIMITS OF THE
CITY OF ALLEN; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SEVERABILH Y
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.
7. Adopt a Resolution Approving the Updates to the Parks, Recreation, and Open Space Master
Plan 2000-2010.
RESOLUTION NO. 2114-11-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT,"
ADOPTING MINOR UPDATES TO THE CITY OF ALLEN'S PARKS, RECREATION AND
OPEN SPACE MASTER PLAN 2000 — 2010, FOR THE PURPOSE OF REMAINING ELIGIBLE
IN THE TEXAS PARKS AND WILDLIFE DEPARTMENT'S GRANT PROGRAM REFERRED
TO AS THE TEXAS RECREATION AND PARKS ACCOUNT; AND PROVIDING AN
EFFECTIVE DATE.
8. Adopt a Resolution Requesting the Members of the 781h Legislative Session to Support the
Texas Parks and Wildlife Department in their Effort to Manage a Local Parks Grant Program.
RESOLUTION NO, 2115-11-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, REQUESTING THE MEMBERS OF THE 78TH
LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT THE TEXAS PARKS AND
WILDLIFE DEPARTMENT IN THEIR EFFORT TO MANAGE A FAIR AND JUST LOCAL
PARKS GRANT PROGRAM REFERRED TO AS THE TEXAS RECREATION AND PARKS
ACCOUNT, AND PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Adopting the First Amendment to the Interlocal Cooperation Agreement
between the City of Allen, City of Frisco, and City of Plano for a Joint Radio Communications
System for Public Safety and Municipal Government Services.
RESOLUTION NO. 2116-11-02(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
AND THE CITIES OF FRISCO AND PLANO, UNDER WHICH ALLEN, FRISCO AND PLANO
WILL OPERATE A JOINT RADIO COMMUNICATIONS SYSTEM FOR PUBLIC SAFETY AND
MUNICIPAL GOVERNMENT SERVICES, AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER, AND PROVIDING AN EFFECTIVE DATE.
10. Award Bid and Authorize Execution of a Contract with D&A Irrigation for the Installation of
the Stacy Road Pump Station Landscaping and Irrigation.
Council authorized the City Manager to execute a contract with D&A Irrigation for the installation of
the Stacy Road Pump Station landscaping and irrigation for an amount not to exceed $84,000.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 26, 2002 PAGE 4
12. Authorize Execution to Purchase Various Vehicles through the Houston -Galveston Area
Council of Governments Cooperative Purchasing Program.
Council authorized the City Manager to purchase nineteen vehicles for several departments through
the Houston -Galveston Area Council of Governments Cooperative Purchasing Program in an amount
not to exceed $378,271.18
13. Receive the CIP (Capital Improvement Program) Status Report.
The motion carred.
IT. Confirmation of a Variance for the Wal Mart Neighborhood Market Located at the Southwest
Corner of Exchange Parkway and Angel Parkway as Approved by the Sign Control Board
Regarding a Sign on the North Face of the Structure.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Bartlemay, the Council voted six (6) for and none (0) opposed to table this matter to the next
meeting to allow City staff to bring comparisons of similar type businesses' signs. The
motion carred.
14. Adopt an Ordinance Establishing TXU Gas Distribution's Rates and Charges within the City
of Allen.
ORDINANCE NO. 2117-11-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, FINDING THAT TXU GAS DISTRIBUTION'S RATES
AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND
REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE
ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE
CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE
CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember
Obermeyer, the Council voted six (6) for and none (0) opposed to approve and adopt
Ordinance No. 2117-11-02 as previously captioned. The motion carried.
15. Adopt a Resolution Amending Re -Inspection Fees for Building, Electrical, Plumbing,
Mechanical and Concrete Work.
RESOLUTION NO. 2118-11-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING PERMIT AND INSPECTION FEES
FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL AND CONCRETE WORK; AND
PROVIDING AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 26, 2002
PAGE
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the
Council voted six (6) for and none (0) opposed to adopt Resolution No. 2118 -I1 -02(R) as
previously captioned. The motion earned.
Other Business
16. Calendar.
• November 28-29—City Offices Closed in Observance of Thanksgiving
17. Items of Interest.
The regular session recessed at 8:02 p.m
Executive Session
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 8:20 p.m. on Tuesday, November 26, 2002, in the Council Conference Room, Allen
Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to:
• Personnel–Pursuant to Section 551.074 of the Texas Government Code Regarding the Annual
Performance Review of the City Manager
The Executive Session adjourned at 9:08 p.m. on Tuesday, November 26, 2002.
18. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 9'10 p in. on Tuesday. November 26,
2002, in the Council Chambers of the Allen City Hall. No action was taken on items discussed
during Executive Session.
Adjourn
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bardemay,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 9 11 p.m on Tuesday, November 26, 2002. The motion carried.
I
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 26, 2002 PAGE 6
These minutes approved on the IO' day of December, 2002.
ATTEST:
_(� � rJ=ii�Gc7 CZ —
Judy orris CMCIMMCA, CITY SECRETARY
C
APPROVED:
Stephen Terrell, MAYOR