Min - City Council - 2005 - 07/12 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2005
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obetmeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6.27 p.m. on Tuesday, July 12, 2005, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Briefing Regarding the Arts Master Plan
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:00 p.m. on
Tuesday, July 12, 2005.
Call to Order and Announce a Ouorum 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:O8 p.m. on Tuesday, July 12, 2005, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recognition
1. Citiuns'Comments.
City Staff:
Peter H Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Peter G. Smith, City Attorney
Workshop Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6.27 p.m. on Tuesday, July 12, 2005, in the Council Conference Room of the Allen
City Hall, 305 Century Parkway, Allen, Texas. Items discussed in the workshop included:
• Briefing Regarding the Arts Master Plan
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:00 p.m. on
Tuesday, July 12, 2005.
Call to Order and Announce a Ouorum 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:O8 p.m. on Tuesday, July 12, 2005, in the Council Chambers of the Allen City
Hall, 305 Century Parkway, Allen, Texas.
Pledge of Allegiance
Public Recognition
1. Citiuns'Comments.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2005
PAGE
The following individuals spoke in opposition to the centerline pavement markers along Comanche
Drive and Twin Creeks Drive:
Sterling Gibson, 1507 Comanche Drive, Allen, Texas;
John Cady, 1202 W. Comanche, Allen, Texas; and
Lisa Buchanan, 1205 Comanche, Allen, Texas.
Keily McGuire, Junior Leader with the Dallas County China Delegation of People to People
International, presented Mayor Terrell with gifts from her visits with government officials in China.
2. Presentation of a Shining Star Award to Ms. Heather Jestis for her Heroic Efforts in Saving the
Life of a Young Child.
3. Presentation of Blue Star Flags to the Families of Allen Service Personnel Currently Deployed
by the U.S. Armed Forces.
Mayor Terrell presented Blue Star Flags to the families of Corporal Michael Brown, U.S. Marines,
Corporal Ryan Andrew Kom Herkert, U.S. Marines, SSG Leonard Mitchell Joyner 11, U.S Army
Reserve, and Captain Trace Major, U.S. Army National Guard
4. Presentation of a Proclamation by the Office of the Mayor:
• Presentation of a Proclamation to Representatives of the Note -Ably North Texas Chorus
Proclaiming July 13, 2005, as Barbershop Masic Appreciation Date.
5. Tom Keener, Development Coordinator, will Invite the Public to a Special Program on
July 14th at 7:00 p.m. at the Allen Public Library Featuring Gary Cogill, Award-winning Film
Critic for Channel 8 News.
MOTION: Upon a motion made by Councilmember Bardemay and a second by Councdmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to approve and adopt the
consent agenda as follows:
6. Approve Minutes of the June 23, 2005, Special Called Meeting Regarding SH 121.
7. Approve Minutes of the June 28, 2005, Regular Meeting.
8. Adopt an Ordinance Denying Atmos Energy Corporation's Gas Reliability Infrastructure
Program (GRIP) Rate Increase for Gas Utility Investment in 2003.
ORDINANCE NO. 2421-7-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY
CORPORATION, MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY
INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A
PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM;
APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY
CORPORATION, MID-TEX DIVISION DISTRIBUTION SYSTEM, AS PART OF THE ATMOS
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2005
PAGE
CITIES STEERING COMMITTEE (ACSC), AUTHORIZING ACSC TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY
APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; APPROVING COSTS
INCURRED AS REASONABLE AND PROVIDING A REQUIREMENT FOR PROMPT
REIMBURSEMENT OF COSTS, FINDING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND
PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORPORATION,
MID-TEX DNISION; AND PROVIDING AN EFFECTIVE DATE.
Adopt an Ordinance Amending Code of Ordinances, Chapter 3,'Animals and Fowl', to Clarify
Definitions, Reflect State Agency Name Changes, Procedural Clarifications, and Enforcement
Capabilities.
ORDINANCE NO. 2422-7-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 3, ANIMALS AND FOWL, BY AMENDING, IN PART, SECTIONS 3-I,
3-4, 3-5, 3-8, 3-11, 3-12, 3-16, 3-17 AND 3-18; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE, EXCEPT WHERE A
DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE,
OR FOR ANY VIOLATION OF ANY PROVISION WHICH GOVERNS PUBLIC HEALTH OR
SANITATION WHICH SHALL BE PUNISHED BY PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
10. Authorize Approval and Execution of an Assignment of Tax Abatement Agreement in
Reinvestment Zone 423 from L&B Depp Enterprise II, Inc. to Jack Henry & Associates, Inc.
Council authorized the City Manager to execute the agreement.
11. Authorize Execution of a Professional Services Agreement with Criado & Associates, Inc. in
the Amount of $28,100 for the Design of the Heritage Park Pedestrian Bridge.
Council authorized the City Manager to execute the agreement.
12. Authorize Expenditure of Funds in an Amount not to exceed $254,300 for the Purchase of
Interoperable Radio Equipment and Paging Software for the Allen Fire and Police
Departments with the Understanding that these Funds will be Reimbursed through the 2005
Urban Area Security Initiative Grant Program.
Council authorized the City Manager to expend the funds
13. Award Bid and Authorize Execution of a Contract with Concentra, Inc. for Medical Physical
Evaluations for Incumbent Fire Department Personnel for an Estimated Annual Expenditure
of $44,850 with Four One-year Options to Renew under the Same Terms and Conditions.
Council authorized the City Manager to execute the contract.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2005 PAGE 4
The motion carried.
Reeular Agenda
14. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code Regarding:
Section 4.08.17—Planned Development District to Amend Concept Plan and Detailed Site
Plan Provisions;
Section 4.20.2—Schedule of Principal Uses to include "Open Storage" as a Use Allowed by
Specific Use Permit (SUP) in Specific Commercial Districts and to Prohibit Open
Storage in the Front Yard in Residential Districts;
Section 5.01.3—Add a Definition for `Natural State' for Floodplain Land;
Section 7.05.3—Require Street Trees to be Planted along Thoroughfare Frontages in
Residential Developments Consistent with those Requirements for Commercial
Developments;
Section 7.06.6—(1) Provide for Mitigation of Fence Row Trees in Residential Development
if Approved by the City;
Section 7.07.4.a—Remove Aluminum and Wrought Iron as Screening Wall Materials;
Section 7.07.4.e.ix—Limit Alternate Screening Wall Materials to Wrought Iron (or
Aluminum) with Masonry Columns, Board on Board Fencing with Masonry Columns,
Landscaping and Berming, or a Combination Thereof,
Section 7.09.4(9) and (17)—Allow Message Centers to be Displayed as Wall Signs, not
Visible from a Public Street, and to Provide that any Sign not Specifically Authorized
by the Code is Prohibited;
Section 7.09.6—Remove this Section and Add Requirements to Table 7.23 for Subdivision
Signs and Civic Group Signs;
Section 8.05.1(1).(c)—Require Single -Loaded Streets Adjacent to Greenbelts and City
Parks; and,
Section 8.06, (1).(a).(1)—Lot Design, to Require Corner Clips at the Intersection of a Local
Street and an Alley.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Randy Boys, 1003 Westwood Court, Allen, Texas, asked for additional information regarding the
definition of "Natural State." He questioned whether a fence row could be removed without
mitigation.
Eileen Tollett, 404 Watson Drive, Allen, Texas, spoke in opposition to the proposed definition of a
"Natural State."
With no one else speaking, Mayor Terrell closed the public hearing.
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Pacheco, the
Council voted seven (7) for and none opposed to approve the zoning change with the
exception of Section 5.01.3, with the following amendments:
Section 4.08.17(4)(a) -Add the word "building" before the word "elevations."
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2005
PAGE
• Section 4.08.17(4)(d) – Remove strikethrough of section and add the following
sentence, All development and construction shall conform to the approved Concept
Plan.
Section 7.06.6 – Add "Proposed Fence Row Tree removal or mitigation shall be
identified on the Concept Plan.'
Section 7.07 (4)(e)(ix) – Add "masonry columns shall be constructed at a maximum
spacing of every 100 feet"; and, "no nonmasonry material may come into contact
with the earth and mow strips shall be provided under the screening walls and
fences."
Permanent Signs, Table 7.23 (Names Plates) – Delete "not allowed in street median."
The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance Approving the 2005 Annual Standards for
the `Youth After School' Program According to State Regulations.
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. 2423-7-05: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING THE 2005 ANNUAL STANDARDS FOR THE
YOUTH AFTER SCHOOL PROGRAM; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none opposed to adopt Ordinance No. 2423-7-05 as
previously captioned. The motion carried.
16. Adopt a Resolution Amending Appendix C of the Code of Ordinances, Chapter 3, 'Animals
and Fowl' Amending the Fee Schedule for Animal Control Services.
RESOLUTION NO. 2424-7-05tR): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING APPENDIX C OF THE CODE OF ORDINANCES
TO AMEND THE FEE SCHEDULE FOR ANIMAL CONTROL CHARGES; PROVIDING FOR A
REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted seven (7) for and none opposed to adopt Resolution No. 2424-
7-05(R) as previously captioned The motion carried.
17. Calendar.
• August 2 –National Night Out
• August 9, 10, and 11 — Transportation Summit
• August 12, 13, and 14 — City Council Budget Workshop
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 12, 2005 PAGE 6
18. Items of Interest.
Executive Session
The Executive Session was not held.
MOTION: Upon a motion made by Councdmember 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 9:35 p.m. on Tuesday, July 12. 2005. The motion carried
These minutes approved on the 26' day of Jam, 2005
1 ATTEST:
Shelley B. Georg , RMC, CITY ACRETARY
0
"99 ZSPIR1T
Step Terrell,l rMAYOR