Min - City Council - 2002 - 01/17 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 17, 2002
Present:
Stephen Terrell, Mayor
Councilmembers:
Melissa Owen, Mayor Pro Tem
Debbie Stout
Richard Buchanan
Bill Petty
Susan Bartlemay
Kenneth Fulk
City Staff:
Peter H. Vargas, City Manager
Judy Morrison, City Secretary
Peter G. Smith, Attorney
i
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 7:06 p.m. on Thursday, January 17, 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:
• Training Regarding the Paperless Agenda Format
• Code of Conduct Ordinance
Pledge of Allegiance
Public Recognition
1. Citizens' Comments.
• Steve Matthews announced the restructuring of TXU Oncor was created to deliver energy to all
retail electric providers
• Brenda Taylor introduced herself as a candidate for County Clerk.
• Girl Scout Troop 1361 was recognized.
• Bov Scout Troop 328 was recognized.
Boy Scout from Troop 244 introduced himself.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 17, 2002 PAGE 2
Consent Aeenda
MOTION: Upon a motion made by Councdmember Buchanan and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as
follows
Approve Minutes of the January 3, 2002, Regular Meeting.
3. Adopt a Resolution Authorizing the Submission of a Grant Application to the State of Texas
Criminal Justice Division.
RESOLUTION NO. 2018-1-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE SUBMITTAL OF A GRANT
APPLICATION FOR FUNDING OF A JUVENILE CRIME DIVERSION PROGRAM TO THE
STATE OF TEXAS CRIMINAL JUSTICE DIVISION FOR CONSIDERATION FOR FUNDING
UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM;
ACKNOWLEDGING A TEN PERCENT LOCAL MATCH FOR OVERALL PROJECT COST FOR
ANY APPROVED FUNDED PROJECT, AND PROVIDING AN EFFECTIVE DATE.
4. Accept Resignation from Mr. Steve Matthews and Declare a Vacancy in Place No. 4 of the Allen
Economic Development Corporation Board.
j 5. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
Remdar Aeenda
6. TABLED ITEM: Adopt an Ordinance Amending Section 18, Customer Service Requirements, of
Ordinance No. 1340-6-95, Governing the Franchise Agreement with AT&T Broadband, Allowing
for the Closure of the Local AT&T Broadband Cable Office, and Adding Section 4(c), Providing
for Criminal Penalties.
MOTION: Upon a motion made by Councdmember Bartlemay and a second by Councdmember
Buchanan, the Council voted seven (7) for and none (0) opposed to remove this item from the
table. The motion carried.
ORDINANCE NO. 2019-1-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 1340-6-95 THE ALLEN
CABLE COMMUNICATIONS ORDINANCE BY AMENDING SECTION 18 CUSTOMER
SERVICE REQUIREMENTS, B)( ADDING SECTION 4(c); PROVIDING FOR A SEVERABILITY
CLAUSE, PROVIDING FOR A REPEALING CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Councdmember Folk stated that he would vote for this ordinance only because the good outweighs the
bad; however, he feels the penalty costs should be significantly higher.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 17, 2002
PAGE
MOTION: Upon a motion made by Councilmember Petty and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No
2019-1-02 as previously captioned with amendments of higher liquidated damages regarding
performance levels, removal of the liquidated damages' grace period, and to enable, within one
year, the customer to make payments on-line or via the intemet, or to reimburse the customer
fifty cents per month until the intemet payment service is available. The motion carried.
7. Conduct a Public Hearing and Adopt an Ordinance Authorizing Revisions to the Utility
Ordinance Portion of 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. 2020-1-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING ARTICLE VII ZONING DEVELOPMENT
REGULATIONS SECTION 7.03.5 AND SECTION 7.07 AND ARTICLE VIII SUBDIVISION
REGULATIONS SECTION 810 OF THE ALLEN LAND DEVELOPMENT CODE, AS
PREVIOUSLY AMENDED, ESTABLISHING REQUIREMENTS FOR THE PLACEMENT OF
NEW RESIDENTIAL AND NON-RESIDENTIAL SERVICE, THE REQUIREMENTS FOR THE
UPGRADING AND REINFORCEMENT OF OVERHEAD UTILITIES AND SCREENING OF
UTILITIES AND APPURTENANT EQUIPMENT, 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 AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the
Council voted six (6) for and one (l) opposed with Councilmember Petty casting the negative
vote, to approve and adopt Ordinance No. 2020-1-02 as previously captioned, with an
amendment to section 40) to amend and add "include galvanized steel and/or concrete " The
motion carried.
8. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by Granting
Specific Use Permit No. 89 for Outdoor Storage and Display for Home Depot Located at the
Southeast Corner of Watters Road and McDermott Drive.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so.
Mr. Michael Clark, 6750 Hillcrest Plaza #100, Dallas, Texas, spoke in support of this ordinance
With no one else speaking, Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 17, 2002
PAGE
ORDINANCE NO. 2021-1-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING DISTRICT MAP, AS PREVIOUSLY AMENDED, BY
GRANTING SPECIFIC USE PERMIT NO. 89 FOR OUTDOOR STORAGE AND DISPLAY FOR LOT
1, BLOCK ALLEN CENTRAL MARKET ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
ZONED PLANNED DEVELOPMENT DISTRICT NO. 55 AND BEING FURTHER DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR APPROVAL OF THE SITE PLAN
ATTACHED HERETO AS EXHIBIT "B", PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF 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 Petty, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No.
2021-I-02 as previously captioned The motion carried.
Council requested that storage and display items listed be consistent between Lowe's and Home
Depot They also requested the fenced and outdoor storage areas be well maintained, especially
after the weekend.
9. Adopt a Resolution Authorizing Execution of an Interlocal Cooperation Agreement with the City
of Plano for a Household Hazardous Waste (HHW) Recycling and Reuse Program.
LRESOLUTION NO. 2022-1-02(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 THE CITY OF PLANO, TEXAS TO PARTICIPATE IN HOUSEHOLD HAZARDOUS WASTE
RECYCLING AND REUSE PROGRAM; AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2022-1-02(R) as
previously captioned. The motion carried.
10. Approve an Amended and Restated Purchase and Sale Agreement with Emerson Partners, Inc.
and the Emerson Farm Company, Ltd. for the Construction of West Bethany Drive.
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 authorize the City Manager to execute the
Amended and Restated Purchase and Sale Agreement with Emerson Partners, Inc, and
Emerson Farm Company, Ltd. and adjust the budget for this project to $5,276,216.41. The
motion carred.
Other Business
Il. Calendar.
1
January 18—Employee Awards Dinner
• January 19—Celebrate Allen!/Chamber of Commerce, Allen Philharmonic Symphony and the
Foundation for Allen Schools/Renaissance Hotel/Richardson
• February 16—Strategic Planning Session/Harvey Hotel Meeting Room/8 00 a in.
ALLEN CITY" COUNCIL
REGULAR MEETING
JANUARY 17, 2002
PAGE 5
• February 18—First Day for Council Candidates to File for the May 4, 2002, Election
• March 9 -April 14—Smithsonian Exhibit/"Listening to the Prairie: Farming in Nature's
Image"/Allen Public Library
• August 16-18—Budget Workshop/Tanglewood on Texoma
• October 16-19—TML (Texas Municipal League) Conference/Ft. Worth
12. Items of Interest.
The regular session recessed at 9:23 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 9 45 p.m. on Thursday, January 17, 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 to Discuss.
i Annual Performance Review of City Manager
The Executive Session adjourned at 11.05 p.m. on Thursday, January 17, 2002.
13. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 11:08 p.m, on Thursday, January 17, 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 Councilmember Petty and a second by Councilmember Fulk, the
Council voted seven (7) for and none (0) opposed to provide the City Manager with a 3%
market adjustment and a 5% merit increase for a total increase in salary of 8%, rounding up to
the nearest thousand dollars. The motion carried.
MOTION: Upon a motion made by Mayor Pro Tem Owen 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 11.12 p.m. on Thursday, January 17, 2002. The motion carried.
These minutes approved on the 7" day of February, 2002.
APPRO
Stephen Terrell, MAYOR
ATTEST:
Affly CMC/AAE, CITY SECRETARY