Min - City Council - 2001 - 07/05 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JULY 5, 2001
Present
Stephen Terrell, Mayor
Councilmembers:
Melissa Owen, Mayor Pro Tem
Debbie Stout (absent)
Richard Buchanan
Bill Petty
Susan Bartlemay
Kenneth Fulk
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 12 p.m. on Thursday, July 5, 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
• Legislative Review
Pledge of Alleeianceof Allegiance
Public Recognition
1. Citizens' Comments.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councdmember
Buchanan, the Council voted six (6) for and none (0) opposed to approve and adopt all items on
the consent agenda as follows.
2. Approve Minutes of the June 21, 2001, Regular Meeting.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 5, 2001 PAGE 2
3. Adopt a Resolution Supporting the Texas Department of Transportation's (TxDOT) Application
for Statewide Transportation Enhancement Program (STEP) Funding to Landscape US 75
Rights -of -Way through Allen.
RESOLUTION NO. 1958-7-O1(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ENDORSING THE US 75 CORRIDOR LANDSCAPE
ENHANCEMENTS AS SUBMITTED TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
A STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM (STEP) GRANT, AND
PROVIDING FOR AN EFFECTIVE DATE.
4. Authorize Execution of a Professional Services Contract with proforma architecture, inc., for
the Master Planning and Design of the Allen Public Library and Civic Auditorium for an
Amount of $636,814.
Council authorized the City Manager to execute a contract with proforma architecture, me., for the
Master Planning and Design of the Allen Public Library and Civic Auditorium for an amount not to
exceed $636,814.
5. Award Bid and Authorize Execution of a Construction Contract with Site Concrete, Inc., the
Lowest and Best Bidder, for Phase 2 of the Main Street and Malone Road Intersection
Improvements for an Amount not to Exceed $109,515.
Council authorized the City Manager to execute a construction contract with Site Concrete, Inc., the
lowest and best bidder, for Phase 2 of the Main Street and Malone Road Intersection Improvements for
an amount not to exceed $109,515.
6. Accept Resignations from Ms. Amy Smith and Ms. Audrey Smyth and Declare Vacancies in
Place Nos. 2 and 7, Respectively, of the Keep Allen Beautiful Board.
7. Receive the Summary of Property Tax Collections as of May 2001.
The motion carred.
8. Conduct a Public Hearing and Adopt an Ordinance Granting a Zoning Amendment for Twin
Creeks Development by Rezoning "AO"— Agriculture/Open Space to "R-5" — Single-family
Residential on 653 Acres of Land Located South of Ridgeview Drive and West of Exchange
Parkway.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so
Patrick Johnson, 1302 Waterdown, Allen, Texas, requested that the City ensure enforcement of the tree
ordinance and save as many trees as possible.
With no one else speaking, Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 5, 2001
PAGE
ORDINANCE NO. 1959-7-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE,
ORDINANCE NO. 1845-6-00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING
A CHANGE IN ZONING FROM "AO" — AGRICULTURE/OPEN SPACE TO "R-5" — SINGLE
FAMILY RESIDENTIAL FOR 65 ACRE TRACT OF LAND OUT OF THE SHADRICK JACKSON
SURVEY, ABSTRACT NO 489 AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO, 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 Petty, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 1959-7-01
as previously captioned The motion carred.
9. Consider the Recommendation of the Cable TV & Telecommunications Advisory Committee to
Adopt an Ordinance Establishing Maximum Rates that AT&T may Charge its Allen Cable TV
Subscribers for the Basic Tier, Hourly Service Charges and Associated Equipment.
ORDINANCE NO. 1960-7-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING MAXIMUM RATES THAT AT&T CABLE
SERVICES MAY CHARGE ITS ALLEN CABLE TELEVISION SUBSCRIBERS FOR
PROGRAMMING COSTS, EQUIPMENT AND INSTALLATION; FOR ORDERING REFUNDS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember Fulk and a second by Mayor Pro Tem Owen, the
Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 1960-7-01
as previously captioned The motion carried
10. Adopt an Ordinance Amending the Code of Ordinances, Chapter 14, "Utilities" to Prevent the
Unlawful Use of Water and Tampering with or Damaging the Waterworks and/or Sanitary
Sewer System.
ORDINANCE NO. 1961-7-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 14, "UTILITIES," ARTICLE I, SECTION 14-10, "TAMPERING AND
DESTRUCTION," TO PROHIBIT UNLAWFUL RESTORATION OF WATER SERVICE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE
MOTION: Upon a motion made by Councilmember Buchanan and a second by Councilmember
Bartlemay, the Council voted six (6) for and none (0) opposed to adopt Ordinance No.
1961-7-01 as previously captioned. The motion carried.
11. Consider City Council Appointment to the Finance/Administration Committee.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 5, 2001 PAGE 4
MOTION: Upon a motion made by Councilmember Falk and a second by Mayor Pro Tem Owen, the
Council voted six (6) for and none (0) opposed to appoint Councilmember Bartlemay and
Councilmember Buchanan to the Finance/Administration Committee The motion carried.
12. Calendar.
• 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
• August 28—Public Hearing on Budget and Public Hearing on Tax Rate (if needed)
• September 17NOTECHANGE IN DATEITentative TRIAD Meeting
• November 27 -Boards and Commissions Dinner/El Dorado Country Club
• November 28-30—Texas Municipal League Conference (TML)/Houston
13. Items of Interest.
Discussion was held regarding setting the Council meeting day by resolution according to the City
Charter and the possibility of considering a new meeting day in the future. Council requested a
resolution be placed on the August 16, 2001, agenda to designate the first and third Thursday of each
month as the regular meeting days of Council.
The Executive Session was not held.
14. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Buchanan, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 753 p in. on Thursday, July 5, 2001. The motion earned.
These minutes approved on the 19' day of July, 2001.
APPROVED:
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Stephen TVrrell, MAYOR
ATTEST:
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Judy Madison, CMC/AAE, CITY SECRETARY