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Home My WebLink AboutMin - City Council - 2002 - 10/08 - RegularALLEN CITY COUNCIL REGULAR MEETING OCTOBER S, 2002 Present: Stephen Terrell, Mayor Councilmembers: Kenneth Fulk, Mayor Pro Tem Debbie Stout Ross Obermeyer (absent) Bill Petty (absent) Susan Bartlemay 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 7.08 p.m. on Tuesday, October 8, 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 Water and Sewer Rate Charge. • Briefing Regarding the Schematic Roadway Plan involving Bethany Drive, SH 5, Exchange Parkway, and Main Street. Pledee of Alleeinnce 1. Citizens' Comments. 2. Briefing by Representatives from the Friends of the Library Regarding the Chocolate Orgy Membership Drive. 3. Administer Oaths -of -Office and Present Certificates -of -Appointment to the Newly Elected and Reappointed Members of Various City Boards and Commissions. 0 C C ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2002 Allen Arts Alliance Place No. 2 - Lisa Ellnch Place No 4 - Lauren Jones Place No. 5 - Susan Butler Board of Adjustment/Building and Standards Commission Place No. 2 - Alexander M. Kirk Place No. 4 - Robert Engle Alternate Place No. 2 - Michael Almassi Cable TV & Telecommunications Advisory Committee Place No 4 - Woodrow Anderson Allen Community Development Corporation Place No. 2 - Barbara Peary Place No. 4 - Lori Stitt Place No. 6 - Sue Johnson Keen Allen Beautiful Place No. 2 Place No 3 Place No. 4 Place No. 6 Library Board Place No. 2 Place No. 4 Place No. 6 Kurt Kizer Cynthia Ferguson Walter (David) Alexander Neal Friedman Donna Various Ruth Pringle Jo Long Parks and Recreation Board Place No. 2 - Rich Elder Place No. 4 - Carl Clemencich Place No. 6 - Joey Herald Planning and Zoning Commission Place No. 2 - Kenneth Harvey Place No. 6 - Rob Wendland Sign Control Board Place No 2 Place No. 4 Ed Spivey Melanie Jones City Health Officer E- Dr. John Connolly Expiration Date September 30, 2004 September 30, 2004 September 30, 2003 Expiration Date September 30, 2004 September 30, 2004 September 30, 2004 Expiration Date September 30, 2004 Expiration Date September 30, 2004 September 30, 2004 September 30, 2004 Excitation Date September 30, 2004 September 30, 2003 September 30, 2004 September 30, 2004 Expiration Date September 30, 2004 September 30, 2004 September 30, 2004 Expiration Date September 30, 2004 September 30, 2004 September 30, 2004 Expiration Date September 30, 2004 September 30, 2004 Expiration Date September 30, 2004 September 30, 2004 Expiration Date September 30, 2004 11AM" *4 6. Recognition of the Planning and Development Department as the Recipient of the Certificate of Achievement for Planning Excellence by Ms. Karen Walz, President of the Texas Chapter of the American Planning Association. 7. Presentation of a Proclamation by the Office of the Mayor to Assistant Chief/Fire Marshal Craig Gillis Proclaiming the Week of October 6-12, 2002, as Fire Prevention Week Consent Anemia MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt the consent agenda as follows: 8. Approve Minutes of the September 24, 2002, Regular Meeting. 9. Authorize Execution of the Compromise, Settlement and Release Agreement with Oncor for Gas and Electric Franchise Payments. Council accepted the terms of the Compromise, Settlement and Release Agreement with Oncor for gas and electric franchise payments and authorized the City Manager to sign same. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2002 PAGE 3 4. Award Plaques -of -Appreciation to Outgoing Members of the Various City Boards and Commissions. Cable TV & Telecommunications Advisory Committee Term Place No. 2 - Cut Johnson Oct. 1997 —Sept 2002 Economic Development Corporation Term Place No. 3 - E. T Boon March 1992 — Sept. 2002 Keeo Allen Beautiful Term Place No. 4 - Patricia Buckley June 1997 — Sept. 2002 Place No. 6 - Sheila Curtis May 2000 — Sept. 2002 Library Board Term Place No. 2 - Frank Snidow Oct. 1996 — Sept. 2002 Parks and Recreation Board Tenn Place No. 2 - Kevin Pierce Oct. 1996 — Sept. 2002 Place No. 6 - Anne Campbell July 1996 — Sept. 2002 Place No. 7 - Sheryl (Chen) Jones June 1996 — Sept. 2002 5. Presentation of the Recycling Alliance of Texas' Recognize the City's Partnership Efforts with Outstanding Recycling Special Event Award to Community Waste Disposal by Mr. Robert Medigovitch of Community Waste Disposal who is Representing the Recycling Alliance of Texas. 6. Recognition of the Planning and Development Department as the Recipient of the Certificate of Achievement for Planning Excellence by Ms. Karen Walz, President of the Texas Chapter of the American Planning Association. 7. Presentation of a Proclamation by the Office of the Mayor to Assistant Chief/Fire Marshal Craig Gillis Proclaiming the Week of October 6-12, 2002, as Fire Prevention Week Consent Anemia MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt the consent agenda as follows: 8. Approve Minutes of the September 24, 2002, Regular Meeting. 9. Authorize Execution of the Compromise, Settlement and Release Agreement with Oncor for Gas and Electric Franchise Payments. Council accepted the terms of the Compromise, Settlement and Release Agreement with Oncor for gas and electric franchise payments and authorized the City Manager to sign same. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2002 PAGE 4 10. Adopt an Ordinance Approving the Amendments to the Existing Gas Franchise Agreement with TXU Gas Company. ORDINANCE NO. 2096-10-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND TXU GAS COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. it. Adopt an Ordinance Approving the Amendments to the Existing Electric Franchise Agreement with Oncor Electric Delivery Company. ORDINANCE NO. 2097-10-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND ONCOR ELECTRIC DELIVERY COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE, 12. Adopt a Resolution Authorizing the Sale of General Obligation Refunding and Improvement Bonds, Series 2003. RESOLUTION NO. 2098-10-02tR1: A RESOLUTION RELATING TO THE REFINANCING OF CITY OF ALLEN, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 1992 AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. 13. Award Bid and Authorize Execution of a Contract with Texas Electric Utility Construction for the South Fountain Gate Drive Storm Sewer Relief System Project. Council authorized the City Manager to execute a contract with Texas Electric Utility Construction for the construction of the South Fountain Gate Drive Storm Sewer Relief Project for an amount not to exceed $227,758.27 14. Receive the Summary of Property Tax Collections as of August 2002. The motion carved. Regular Agenda �� 15. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development Code, Article VII, Section 7.09, by Amending the Sign Regulations. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER g, 2002 PAGE 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. 2099-10-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY ARTICLE VII, SECTION 7.09, BY AMENDING THE SIGN REGULATIONS REQUIREMENTS, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2099-10-02 as previously captioned. The motion carred. 16. Conduct a Public Hearing and Adopt an Ordinance Amending Appendix "A" to Add Definitions to the Allen Land Development Code. 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. 2100-10-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY AMENDING APPENDIX "A" TO ADD DEFINITIONS FOR ASSISTED LIVING CENTER, CONVALESCENT HOME, ELECTRONIC MANUFACTURING AND ASSEMBLY, HOSPICE, SELF -STORAGE, INDUSTRIAL, AND SELF -STORAGE, NEIGHBORHOOD; PROVIDING A SEVERABH,ITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No 2100-10-02 as previously captioned. The motion carred. 17. Conduct a Public Hearing and Adopt an Ordinance Amending Article IV Relating to the Commercial Corridor (CC) and Industrial Technology (IT) Districts, Principal and Accessory Uses of the Allen Land Development Code and Planned Development No. 54. 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. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2002 PAGE 6 MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2101-10-02 as previously captioned. The motion carried. 18. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development ! Code, Article VI, Section 6.01.5, Permitted Uses with a Specific Use Permit Relating to Neighborhood Self -Storage and Mini -Warehouses (Self -Storage, Industrial). 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. 2102-10-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CH Y OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING ARTICLE VI, SECTION 6.01.5, PERMITTED USES WITH A SPECIFIC USE PERMIT RELATING TO NEIGHBORHOOD SELF STORAGE AND MINI -WAREHOUSES (SELF -STORAGE, INDUSTRIAL); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2102-10-02 as previously captioned. The motion carred. 19. Consider Appointments to Fill Expiring Terms and Vacancies on the Allen Economic Development Corporation Board and the Parks and Recreation Board. ORDINANCE NO. 2101-10-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY AMENDING ARTICLE IV, SECTION 4.02.1, 4.08.15, 4.08.16 AND 4.15.3, DELETING "OT" — OFFICE TECHNOLOGY AND "TR" — TECHNOLOGY RESEARCH ZONING DISTRICTS AND AMENDING SECTIONS 4.20.2 AND 4 20 3 RELATING TO PERMITTED AND ACCESSORY USES IN "IT" — INDUSTRIAL TECHNOLOGY AND "CC" — CORRIDOR COMMERCIAL USES, BY AMENDING SECTION IV OF PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93, AS AMENDED, TO DELETE "OT" — OFFICE TECHNOLOGY AND "TR" — TECHNOLOGY RESEARCH ZONING DISTRICTS AND TO ADD "IT" — INDUSTRIAL TECHNOLOGY ZONING DISTRICT AND TO ESTABLISH PROVISIONS RELATING THERETO; BY AMENDING SECTION IV OF PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93, AS AMENDED, TO DELETE TABLE IV -1 SCHEDULE OF LAND USES AND TO REPLACE TABLE IV -2 WITH TABLE IV; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2101-10-02 as previously captioned. The motion carried. 18. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development ! Code, Article VI, Section 6.01.5, Permitted Uses with a Specific Use Permit Relating to Neighborhood Self -Storage and Mini -Warehouses (Self -Storage, Industrial). 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. 2102-10-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CH Y OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY AMENDING ARTICLE VI, SECTION 6.01.5, PERMITTED USES WITH A SPECIFIC USE PERMIT RELATING TO NEIGHBORHOOD SELF STORAGE AND MINI -WAREHOUSES (SELF -STORAGE, INDUSTRIAL); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to approve and adopt Ordinance No. 2102-10-02 as previously captioned. The motion carred. 19. Consider Appointments to Fill Expiring Terms and Vacancies on the Allen Economic Development Corporation Board and the Parks and Recreation Board. ALLEN CITY COUNCIL REGULAR MEETING OCTOBERS, 2002 PAGE 7 11 Refer to action taken under Agenda Item 22 Other Business 20. Calendar. • October 13—The Big Bash/Comedian Brent Thomas/Allen Public Library/1.30 p.m to 3 p m. • October 13-19—Teen Read Week/Allen Public Library • October 15—Free Home School Workshop/Allen Public Library/2'30 p in. to 3:30 p.m. • October 16—Chocolate Orgy Membership Celebration/Allen Public Library/7:30 p.m. • October 16-19—TML/Texas Municipal League Conference/Ft. Worth, Texas • October 25 ?6—Booville and Nights of Terror Haunted House/Joe Farmer Recreation Center • October 29—Trick-or-Treat 1 -Mile Fun Run and Costume Contest/Natatorium/6:45 p.m. • October 31—Trick or Treat at Puppet Town for Youngsters Ages 1-9/Allen Public Library/ 5 p in. to 6 15 p.m. 21. Items of Interest. • Everything Old is New Again/Texas Recycles Day/November 9/8:00 a.m. – 1:00 p.m./City Hall Parking Lot and Rotunda The regular session recessed at 8:40 p.m. Executive Session In accordance with the Texas Government Code, Legal, Section 551.071; Property, Section 551.072; Personnel, Section 551074: Staff Presentations, Section 551.075; the Allen City Council convened into Executive Session at 8'55 p.m. on Tuesday, October 8, 2002, in the Council Conference Room, Allen Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to: • PersonnelPursuantto Section 551.074 of the Texas Government Code to Consider Appointments to Quasi -Judicial City Boards and Commissions: • Allen Economic Development Corporation Board The Executive Session adjourned at 9.38 p.m. on Tuesday, October 8, 2002 22. Reconvene and Consider Action on Items Discussed during Executive Session. The Allen City Council reconvened into regular session at 9'40 p.m. on Tuesday, October 8, 2002, in the Council Chambers of the Allen City Hall. The following action was taken on items discussed during Executive Session: MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the Council voted five (5) for and none (0) opposed to fill expiring terns and vacancies on the following City boards. ALLEN CITY COUNCIL REGULAR MEETING OCTOBER 8, 2002 PAGE 8 Economic Development Corporation Board Expiration Date Place No. 3 - Kurt Kizer September 30, 2005 Parks and Recreation Board Expiration Date Place No. 7 - Dan Stenger September 30, 2003 The motion earned. MOTION: Upon a motion made by Councdmember Stout and a second by Mayor Pro Tem Fulk, the Council voted five (5) for and none (0) opposed to adjourn the regular session of the Allen City Council at 9'42 p.m. on Tuesday, October 8, 2002. The motion carred. These minutes approved on the 22nd day of October, 2002. ATTEST: Jud3iillorris4, CMC CA, CITY SECRETARY I /l8 w'012 DI IA Stephen Terrell, MAYOR