Min - City Council - 2003 - 01/28 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2003
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Susan Bartlemay
Jeff McGregor
City Staff:
Peter H Vargas, City Manager
Shelley B. George, Acting City Secretary
Peter G. Smith, Attorney (absent)
Bob Hager, Assistant City 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 Tuesday, January 28, 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 Amendments to the Boards/Commissions Selection Policy
• Briefing Concerning the National Pollution Discharge Elimination Systems (NPDES)
Pledge of Allegiance
1. Citizens' Comments.
• Steve Matthews, Area Manager for Oncor, introduced Kevin Slay as the new Area Manager for
Allen, McKinney and surrounding cities.
2. Presentation of award by the Office of the Mayor.
• Presentation of a Shining Star Award to Mr. Ams Odeh.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2003 PAGE 2
I
Consent Aizenda
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted six (6) for and none (0) opposed to approve and adopt the
consent agenda as follows:
3. Approve Minutes of the January 14, 2003, Regular Meeting.
4. Adopt a Resolution Endorsing Legislative Changes to Senate Bill 7 Supported by the Cities
Aggregation Power Project.
RESOLUTION NO. 2133-1-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES
TO S.B. 7 SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC., AND
PROVIDING AN EFFECTIVE DATE.
5. Adopt a Resolution Approving Amendments to the City of Allen Investment Policy.
RESOLUTION NO. 2134-1-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AN AMENDED POLICY FOR THE
INVESTMENT OF MUNICIPAL FUNDS, AND PROVIDING AN EFFECTIVE DATE
6. Authorize Execution of a Facilities Agreement for Land Acquisition and Construction of Bel
Air Drive with Members of the Montgomery Family, First Mile Road, Inc. and Others.
Council authorized the City Manager to execute the Facilities Agreement for land acquisition and
construction of Bel Air Drive with members of the Montgomery Family, First Mile Road, Inc. and
others
7. Award Bid and Authorize Execution of a Contract with Master North America, Inc. for an
Annual Contract for Maintenance of City -Owned Street Lights.
Council authorized the City Manager to execute a contract with Mastec North America, Inc. for an
Annual Contract for maintenance of City -owned street lights for an amount of $102,868.
8. Approve a Change Order to the Professional Services Contract for Clark Condon Associates
Regarding Allen Station Park.
City Council authorized the City Manager to execute a Change Order to the $435,000 professional
services contract with Clark Condon Associates, Inc., in the amount of $156,550 for a total design
budget of $591,500.
9.
Authorize a Contract with O'Brien Engineering,
Inc.
for
a Floodplain
Evaluation
of
Cottonwood Creek within Allen Station Park.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 2S, 2003
PAGE
City Council authorized the City Manager to execute a contract with O'Brien Engineering, Inc. for an
amount of $43,100 for a floodplain evaluation of Cottonwood Creek in Allen Station Park.
10. Authorize the City Manager to Execute a Two -Year Financial Advisory Agreement with SWS
Securities, Inc. for Financial Advisory Services.
Il. Accept Resignations from Ms. Lisa Gallagher Enrich, Allen Arts Alliance, Place No. 2, and Mr.
Neal Friedman, Keep Allen Beautiful, Place No. 6, and Declare Vacancies.
12. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
Regular Agenda
13. Conduct a Public Hearing and Adopt an Ordinance Approving Specific Use Permit No. 93 for
a Restaurant/Private Club on 33 Acres of Land Located at 2023 W. McDermott Drive, Suite
#220.
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. 2135-1-03: 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
SPECIFIC USE PERMIT NO 93 FOR A RESTAURANT WITH PRIVATE CLUB FOR
PROPERTY ZONED PLANNED DEVELOPMENT NO. 56, DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS, PROVIDING FOR
APPROVING OF THE FLOOR PLAN AND SITE PLAN ATTACHED HERETO AS EXHIBITS
"B" AND "C" RESPECTIVELY, PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 Mayor Pro Tem Falk and a second by Councilmember Bartlemay,
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No
2135-1-03 as previously captioned. The motion carred.
14. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 453 Acres
of Land from AO -Agriculture Open Space to CC -Corridor Commercial near the Southeast
Corner of Custer Road and SH 121.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2003 PAGE 4
IWith no one speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2136-1-03: 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 FROM "AO" - AGRICULTURE -OPEN SPACE DISTRICT TO "CC" —
CORRIDOR COMMERCIAL DISTRICT FOR 45.7381 ACRES IN THE SHADRICK JACKSON
SURVEY, ABSTRACT NO. 489, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 Stout and a second by Councilmember Oberrneyer,
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No
2136-1-03 as previously captioned. The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance Approving the 1002-1022 Comprehensive
Plan.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
No one spoke on this request.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember Stout,
the Council voted six (6) for and none (0) opposed to continue the public hearing for
consideration of adoption of the 2002-2022 Comprehensive Plan to the February 11, 2003
Regular Council Meeting. The motion carred.
16. Consider Appointments to Fill Vacancies on Various City Boards.
MOTION: Upon the recommendation of Councilmember Stout and Mayor Pro Tem Fulk, the Council
voted six (6) for and none (0) opposed to approve the Interview Committee's
recommendation of David Sterling to complete the unexpired tern in Place No. 2 of the
Allen Arts Alliance and Brian Casstevens to complete the unexpired term in Place No. 6 of
the Keep Allen Beautiful Board and set a tern expiration date for both Places of September
30, 2004. The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code, Article VH, Zoning Development Standards, Sections 7.03.5 and 7.07, and Article VIII,
Subdivision Regulations, Section 8.10, Relating to the Requirements for Placement of Utility
Services.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
I request to do so.
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2003 PAGE 5
With no one speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Councilmember Bartlemay, and a second by Councdmember
Obermeyer, the Council voted six (6) for and none (0) opposed to table discussion on this
item until after the Executive Session The motion carred
Other Business
18. Calendar.
• February 17 — First Day for Council Candidates to File for the May 3, 2003, Election
• February 17-19 — Collin County Legislative Day in Austin
19. Items of Interest.
The regular session recessed at 7'37 p.m.
In accordance with the Texas Government Code, Legal, Section 551.071; Property, Section 551.072;
Personnel, Section 551074; Staff Presentations, Section 551075; the Allen City Council convened into
Executive Session at 7:55 p.m. on Tuesday, January 28, 2003, in the Council Conference Room, Allen Civic
Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to:
•
LegalPursuantto Section 551 071 of the Texas Government Code Seeking Legal Advice Concerning
Pending Litigation -SOAR Docket No. 473-02-1833, Public Utility Commission Docket No. 254291
Appeal of Outer from an Ordinance of the City of Allen
The Executive Session adjourned at 824 p.m. on Tuesday, January 28, 2003.
20. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 8:30 p.m. on Tuesday, January 28, 2003,
in the Council Chambers of the Allen City Hall The following action was taken on items discussed
during Executive Session.
ORDINANCE NO. 2137-1-03: 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 707 AND ARTICLE VIII SUBDIVISION
REGULATIONS SECTION 8.10 OF THE ALLEN LAND DEVELOPMENT CODE, AS
PREVIOUSLY AMENDED, AMENDING REQUIREMENTS FOR THE UPGRADING AND
REINFORCEMENT OF OVERHEAD UTILITIES BY DELETING THE REQUIREMENTS FOR
EXTENSION OF UNDERGROUND UTILITIES, BY DELETING THE REQUIREMENTS FOR
THE UPGRADING OF WOODEN POLES WITH METAL OR CONCRETE POLES AND BY
DELETING THE REQUIREMENT FOR COSTS TO BE ASSUMED BY THE SERVICE
�.^ PROVIDER FOR THE INSTALLATION OF UNDERGROUND UTILITIES, PROVIDING FOR A
REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A
ALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 28, 2003
PAGE
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 Obermeyer and a second by Councilmember Stout,
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No
2137-1-03 as previously captioned. The motion carried.
Adiourn
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Fulk,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 8:32 p.m. on Tuesday, January 28, 2003 The motion carried.
These minutes approved on the 1 P" day of February, 2003.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Georg , CTING CITY S RETARY
P