Min - City Council - 2003 - 07/22 - Regular71
ALLEN CITY COUNCIL
17 Diet" II\ -140131 ell II Iere]
JULY 22, 2003
Present
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bardemay
Jeff McGregor
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Peter a 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 7:20 p.m. on Tuesday, July 22, 2003, 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 Proposed Business Diversity Policy/Program
• Briefing on the Design Plan for the New Central Library
Pledee of Alleeiance
Public Recoenition
Citizens' Comments.
Presentation by Judge Ron Harris Regarding Upcoming Bond Issues, Air Quality Issues, and
Transportation Issues Concerning Collin County and Its Cities.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2003 PAGE 2
IConsent Auenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Bartlemay, the Council voted seven (7) for and none (0) opposed to remove the following
item from the consent agenda:
9. Adopt an Ordinance Amending the Code of Ordinances by Repealing Section 10-1(c) of Article
1 of Chapter 10, "Offenses -Miscellaneous" to Reflect Changes in State Law Effective
September 1, 2003, that Prohibits a Person Duly Licensed by the State of Texas from Carrying
a Concealed Handgun on the Premise of any Municipal Court or Offices Utilized by the Court.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout,
the Council voted seven (7) for and none (0) opposed to approve and adopt all remaining
items on the consent agenda as follows.
3. Approve Minutes of the July 8, 2003, Regular Meeting.
4. Motion to Cancel the August 12, 2003, City Council Meeting.
5. Adopt an Ordinance Extending the Franchise to Denton County Electric Cooperative, Inc.
d/b/a CoSery Electric until January 30, 2004, for Operating and Maintaining their Electric
Distribution System in the City of Allen.
ORDINANCE NO. 2188-7-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, EXTENDING UNTIL JANUARY 30, 2004, THE
FRANCHISE GRANTED TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., D/B/A
COSERV ELECTRIC TO OWN, OPERATE, AND MAINTAIN AN ELECTRIC DISTRIBUTION
SYSTEM IN THE CITY OF ALLEN; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
6. Adopt an Ordinance Extending the Franchise to Grayson -Collin County Electric Cooperative,
Inc. until January 30, 2004, for Operating and Maintaining their Electric Distribution System
in the City of Allen.
ORDINANCE NO. 2189-7-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, EXTENDING UNTIL JANUARY 30, 2004, THE
FRANCHISE GRANTED TO GRAYSON-COLLIN COUNTY ELECTRIC COOPERATIVE, INC.,
TO OWN, OPERATE, AND MAINTAIN AN ELECTRIC DISTRIBUTION SYSTEM IN THE
CITY OF ALLEN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
7. Adopt an Ordinance Extending the Franchise to TXU Gas Distribution until January 30, 2004,
for Operating and Maintaining their Gas Distribution System in the City of Allen.
���^^^ ORDINANCE NO.
2190-7-03:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
`?, ALLEN, COLLIN
COUNTY,
TEXAS, EXTENDING UNTIL JANUARY
30,
2004, THE
LA FRANCHISE GRANTED
TO
TXU GAS DISTRIBUTION, A DIVISION
OF
TXU GAS
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2003
PAGE
COMPANY, TO OWN, OPERATE, AND MAINTAIN A GAS DISTRIBUTION SYSTEM IN THE
CITY OF ALLEN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
S. Adopt an Ordinance Denying TXU Gas Company's Request to Change Rates for the City of
Allen as part of the Statewide Gas Utility System.
ORDINANCE NO. 2191-7-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DENYING TXU GAS COMPANY'S REQUEST TO
CHANGE RATES IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE
GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT
REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING
AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; PROVIDING FOR NOTICE OF THIS ORDINANCE TO TXU GAS COMPANY, AND
PROVIDING AN EFFECTIVE DATE
10. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and
Traffic," Establishing a Speed Limit on Designated Portions of Allen Heights Drive, Charleston
Drive, McCoy Court, and Stablerun Drive as School Zones for Marion Elementary School.
ORDINANCE NO. 2192-7-03: 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 9-137(b) TO ADD SUBSECTION
(16), DESIGNATING CERTAIN PORTIONS OF ALLEN HEIGHTS DRIVE, CHARLESTON
DRIVE, STABLERUN DRIVE AND MCCOY COURT AS SCHOOL ZONES FOR MARION
ELEMENTARY SCHOOL WITH A MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY (20)
MILES PER HOUR FOR MOTOR VEHICLES, PROVIDING A REPEALING CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILFFY 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. Adapt an Ordinance Approving a Request for Abandonment of the Right -of -Way on Property
Known as the Old Bethany Road Alignment.
ORDINANCE NO. 2193-7-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN
OLD BETHANY ROAD WITHIN TRACT 2-9 OF ABSTRACT NO. 500 AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE
REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED,
PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF ALLEN, TEXAS, AGAINST
DAMAGES ARISING OUT OF THE ABANDONMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT; AND
PROVIDING FOR AN EFFECTIVE DATE
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2003
PAGE
12. Adopt a Resolution Authorizing the City Manager to Accept a State Homeland Security Grant
from the United States Department of Homeland Security, Office of Domestic Preparedness, in
the Amount of $235,013.
RESOLUTION NO. 2194-7-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, TO ACCEPT A STATE HOMELAND SECURITY
GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, OFFICE
OF DOMESTIC PREPAREDNESS IN THE AMOUNT OF $235,013; AND PROVIDING AN
EFFECTIVE DATE.
13. Adopt Resolutions Approving the Amended Bylaws of Various City Boards and Commissions
as Required by Ordinance No. 2155-4-03:
A. Adopt a Resolution Approving the Amended Bylaws of the Allen Arts Alliance.
RESOLUTION NO. 2195-7-03(Rl: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDMENT TO
THE BYLAWS OF THE ALLEN ARTS ALLIANCE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
B. Adopt a Resolution Approving the Amended Bylaws of the Community Development
Corporation.
RESOLUTION NO. 2196-7-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDMENT TO
THE BYLAWS OF THE ALLEN COMMUNITY DEVELOPMENT CORPORATION;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
14. Authorize Execution of a Professional Services Agreement, Software License Agreement,
Support Maintenance Agreement and Issue a Purchase Order to Selectron Technologies, Inc.
for the Purchase of the Interactive Voice Response System (IVR) for 545,000.
Council authonzed the City Manager to execute a Professional Services Agreement, Software
License Agreement, Support Maintenance Agreement and issue a Purchase Order to Selectron
Technologies Inc. for the purchase of the Interactive Voice Response System for $45,000.
15. Authorize Execution of Professional Services Contracts for Medical Direction and Continuing
Education for the Fire Department:
A. Authorize Execution of a Contract with Questcare for the Provision of EMS Medical
Control.
B. Authorize Execution of a Contract with Columbia Medical Center of Plano Subsidiary,
L.P., d/b/a Medical Center of Plano for the Provision of Continuing Education.
Council authorized the City Manager to execute two professional services contracts — a
contract with Questcare for the provision of EMS Medical Control with the Allen Fire
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2003
PAGE
Department and a contract with Columbia Medical Center of Plano Subsidiary, L.P , d/b/a
Medical Center of Plano for the provision of continuing education for the Allen Fire
Department.
16. Award Bid and Authorize Execution of a Contract with Jim Bowman Construction Co., L.P.
for Construction of Phase II of the Various Alley Rehabilitation Projects for an Amount not to
Exceed $383,557 and to Reestablish a Project Budget of $436,646.
Council authorized the City Manager to execute a contract with Jim Bowman Construction Co., LT
to construct the Various Alley Rehabilitations Project Phase II for an amount not to exceed $383,557
and to reestablish a project budget at $436,646.
17. Receive the Proposed City Budget for Fiscal Year 2003-2004 and the Proposed 2004-2008
Capital Improvement Program.
18. Set August 26, 2003, as the Public Hearing Date Regarding the City Budget in Accordance with
Article IV, Section 4.04 of the City Charter.
19. Set August 26, 2003, as the Public Hearing Date Regarding the City Tax Rate in Accordance
with the Texas Truth -in -Taxation Statute.
20. Receive the CIP (Capital Improvement Program) Status Report.
The motion camed.
Regular Agenda.
21. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning for Planned
Development No. 68 to Allow a Service Station/Convenience Store and an Automobile Car
Wash as an Accessory to Main Use, or a Bank or Another Type of Financial Institution and a
Specialty Coffee Shop Business Located on It Acres of Land Located at the Northeast Corner
of US 75 and Bethany Drive.
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. 2197-7-03: 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 GRANTING
A CHANGE IN ZONING FOR TRACT 1 OF PLANNED DEVELOPMENT NO. 68, ORDINANCE
NO. 1615-7-98, AS AMENDED, TO ADD SERVICE STATION/CONVENIENCE STORE AS A
PERMITTED USE AND AUTOMOBILE CAR WASH AS AN ACCESSORY USE OR IN LIEU OF
SUCH USES TO ALLOW A BANK OR ANOTHER TYPE OF FINANCIAL INSTITUTION AND A
SPECIALTY COFFEE SHOP BUSINESS SERVING MAINLY COFFEE/ESPRESSO DRINKS
WITH DRIVE-THROUGH AND WALK-UP SERVICE AS A PERMITTED USE FOR 1.1932±
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2003
PAGE
ACRES OUT OF THE WILLIAM PERRIN SURVEY, ABSTRACT NO 708; BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A REVISED CONCEPT
PLAN ATTACHED AS EXHIBIT `B"; PROVIDING FOR A REPEALING CLAUSE; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 Bartlemay and a second by Councilmember
McGregor, the Council voted seven (7) for and none (0) opposed to approve and adopt
Ordinance No. 2197-7-03 as previously captioned. The motion carred.
22. Approve the Site Selection for the Senior Citizens Recreational Facility.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout,
the Council voted seven (7) for and none (0) opposed to approve the site located at the
northeast comer of Cedar Drive and St. Mary Drive as the site for the construction of the
Senior Citizens Recreational Facility. The motion carried
Other Business.
23. Calendar.
• August 5 — National Night Out
• August 13-15 — 6th Annual Texas Transportation Summit
• August 15-17 — Council Budget Workshop
24. Items of Interest.
Council continued discussion from the workshop session regarding the outside design of the
performance hall to be located at the new public library building. Council directed the City Manager
to revisit the design of the performance hall with the Library Oversight Committee and to discuss
possible alternatives It was noted that changes in the fagade might delay the bid process for the
project.
The regular session recessed at 8:18 p.m.
Executive Session. (As needed)
In accordance with The Texas Local Government Code, Legal, Section 551.07L Property, Section 551.072;
Personnel, Section 551.074; Staff Presentations, Section 551.075; the Allen City Council convened into
Executive Session at 8:30 p.m. on Tuesday, July 22, 2003, in the Council Conference Room, 305 Century
Parkway, Allen, Texas, in order to continue discussing matters pertaining to:
• Briefing Regarding Risk/Vulnerability Assessment of City Infrastructure
The Executive Session adjourned at 9:15 p in on Tuesday, July 22, 2003.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 22, 2003 PAGE 7
11 25. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 9:18 p.m. on Tuesday, July 22, 2003, in
the Council Chambers of the Allen City Hall. No achon was taken
Adjourn
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 9:19 p.m. on Tuesday, July 22, 2003. The motion carried.
These minutes approved on the 266 day of August, 2003.
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Stephen Terrell, MAYOR
ATTEST:
Shelley B. Georg C, CITY WRETARY