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Home My WebLink AboutMin - City Council - 2003 - 06/24 - RegularALLEN CITY COUNCIL REGULAR MEETING JUNE 24, 2003 Present: Stephen Terrell, Mayor Councilmembers Kenneth Fulk, Mayor Pro Tem (absent) Debbie Stout Ross Obermeyer Mark Pacheco Susan Bartlemay Jeff McGregor City Staff Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Shelley B. George, 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 7:10 p.m. on Tuesday, June 24, 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 • Discussion Regarding Development Issues Associated with the Central Business District (CBD) • Briefing Regarding the Proposed Contract between the Arts of Collin County and Theater Projects Consultants (TPC) for Continued Development of Site Selections and Pre -Design Services Pledge of Allegiance Public Recognition 1. Citizens' Comments. 2. Mr. Gary Woodall, Warning Coordination Meteorologist with the National Weather Service, will make a Presentation to the Mayor and Fire Marshall Craig Gillis in Recognition of the E j City of Allen's National Weather Service StormReady Designation. ALLEN CITY COUNCIL REGULAR MEETING JUNE 24, 2003 PAGE 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 accept the National Weather Service StormReady designation for the City of Allen. The motion carred. Consent Aeenda MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay, the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda as follows 3. Approve Minutes of the June 10, 2003 Regular Meeting. 4. Adopt a Resolution Authorizing the City Manager and City Attorney to Initiate Eminent Domain Proceedings, if Necessary, for Acquisition of Property along East Bethany Drive between Malone Road and FM 2551. RESOLUTION NO. 2179-6-03(R1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF STREET RIGHT-OF-WAY FOR EAST BETHANY DRIVE AS DESCRIBED IN EXHIBITS "A," "B," AND "C" ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-WAY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. Adopt a Resolution Authorizing Watershed Planning in the Rowlett Creek Watershed. RESOLUTION NO. 2180-6-0301): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING WATERSHED PLANNING IN THE ROWLETT CREEK WATERSHED; AND PROVIDING FOR AN EFFECTIVE DATE. 6. Authorize Execution of a Contract between the Arts of Collin County and Theater Projects Consultants (TPC) for Continued Development of Site Selections and Pre -Design Services. 7. Accept Resignation from Michael Almassi, Alternate Place No. 2 of the Allen Board of Adjustment. 8. Receive the Summary of Property Tax Collections as of May 2003. 9. Receive the CIP (Capital Improvement Program) Status Report. The motion carred. Reeular Aeenda 10. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by L Amending Tract No. 2 of Planned Development No. 55 for Garden Office and Retirement ALLEN CITY COUNCIL REGULAR MEETING JUNE 24, 2003 I wax" *1 Center Uses to Allow a Day Care Center as a Permitted Use on 18± Acres of Land Located at the Northwest Corner of Watters Road and Bethany Drive. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so Randy Voss, 1003 Westwood Court, Allen, Texas, spoke in favor of the request. With no one else speaking, Mayor Terrell closed the public hearing. ORDINANCE NO. 2181-6-03: 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 FOR TRACT 2 OF PLANNED DEVELOPMENT NO. 55, ORDINANCE NO. 1226-3-94, AS HERETOFORE AMENDED, TO INCLUDE DAY CARE CENTER AS A PERMITTED USE FOR 18.6041± ACRES OUT OF THE MICHAEL SEE SURVEY, ABSTRACT NO. 543 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 McGregor and a second by Councilmember ® Pacheco, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No. 2181-6-03 as previously captioned. The motion carried. 11. Conduct a Public Hearing and Adopt an Ordinance Approving Specific Use Permit No. 79 for a Fueling Station on if Acres of Land Located at the Southwest Corner of SH 5 and Stacy Road. 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. 2182-6-03: 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. 79 TO ALLOW A FUELING STATION SUBJECT TO SPECIAL CONDITIONS FOR PROPERTY ZONED SC — SHOPPING CENTER AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE 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 ALLEN CITY COUNCIL REGULAR MEETING JUNE 24, 2003 PAGE 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. 2182-6-03 as previously captioned. The motion carried. 12. Adopt an Ordinance Amending the Code of Ordinances, Section 14-5, Water Service Charges, to Set Rates for Water Service for Customers Residing Outside the City Limits. ORDINANCE NO. 2183-6-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 14-5 TO ESTABLISH RATES FOR NON RESIDENTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND ($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 none (0) opposed to approve and adopt Ordinance No. 2183-6-03 as previously captioned. The motion carried. 13. Adopt a Resolution Establishing a Policy and Setting Fees for Rental of the Allen Heritage Center. RESOLUTION NO. 2184-6-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES FOR THE USE OF THE ALLEN HERITAGE CENTER (TRAIN DEPOT); PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Pacheco, the Council voted six (6) for and none (0) opposed to approve and adopt Resolution No. 2184-6-03(R) as previously captioned with the following amendments to Section 1. " Business Hours After Hours Deposit Non -Profit or LService Club (Allen Based) $20* $20* $100 Non -Profit or FResident $30/hour $50/hour $50/$100** For Profit or Non -Resident $50/hour $70/hour $50/$100** • Bat rate for 2 hour netted with one Year contract •• Deposit of $100 for rental with food service and $50 for non-food service rental." The motion carred. I ALLEN CITY COUNCIL REGULAR MEETING JUNE 24, 2003 Other Business. 14. Calendar. • June 28 — Parade Sponsored by Kiwanis/10:00 a.m. • June 28 –Allen USA Spectacular at Celebration Park/4:00 p.m • July 4 – Allen City Facilities Closed in Observance of Independence Day • August l5-17–Budget Workshop 15. Items of Interest. Council received an update on the Allen USA Spectacular celebration scheduled for June 28ih Executive Session The Executive Session was not held. 16. Reconvene and Consider Action on Items Discussed during Executive Session. PAGE Adjourn MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyec, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 8:12 p.m. on Tuesday, June 24, 2003. The motion carred. These minutes approved on the 8' day of Jam, 2003. ATTEST: Shelley B. George, TRMC, Cl'1'Y SECRETARY 0 APPROVED: Stephen Terrell, MAYOR