Min - City Council - 2000 - 11/02 - RegularALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 2, 2000
Present:
Stephen Terrell, Mayor
Councilmembers:
Doug Gallagher, Mayor Pro Tem (absent)
Lonnie Thomas
Richard Buchanan
Susan Bartlemay
Kenneth Falk
Melissa Owen
City Staff:
Peter H. Vargas. City Manager
�• ]udy Morrison, City Secretary
Pete Smith, 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 7.02 p.m. on Thursday, November 2, 2000, in the Council Chambers of the Allen
City Hall, One Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included:
• Briefing Regarding the Sign Ordinance Amendments
Council requested changes in Grand Opening signage, that political signs be allowed to be erected no more
than 30 calendar days prior to the election and taken down within 2 calendar days after the election with the
section regarding variances remaining as stated.
Pledge of Allegiance
Public Recognition
Citizens' Comments.
2. Plaque -of -Appreciation.
A Plaque -of -Appreciation was presented to Jim Waldbauer for his dedication and service on the Parks
and Recreation Board from September 1998 to September 2000.
ALLEN CITY" COUNCIL
REGULAR MEETING
NOVEMBER 2, 2000 PAGE 2
3. Recognition of the Parks and Recreation Board.
The Parks and Recreation Board was recognized as the recipient of the award for Outstanding Board
-
Conunission for the Year 2000 jor a Afedhon-Sizer! Cay as presented by the National Recreation and
Park Association
Consent Aeenda
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councdmember Fulk, the
Council voted six (6) for and none (0) opposed to approve and adopt all items on the consent
agenda as follows
Approve Minutes of the October 19, 2000, Regular Meeting.
Motion to Cancel November 16, 2000, City Council Meeting.
Adopt an Ordinance Amending Planned Development No. 54 and Granting Establishment of
Planned Development No. 88 on 1693 Acres of Land Located East of Custer Road and North of
McDermott Drive.
ORDINANCE NO. 1883-11-00: 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, TO GRANT A
CHANGE OF ZONING BY AMENDING PLANNED DEVELOPMENT NO. 54 IN PART TO
ESTABLISH PLANNED DEVELOPMENT DISTRICT NO. 88 FOR R-1.5 AND R-7 SINGLE-
FAMILY RESIDENTIAL DISTRICT USES ON 169.305 ACRES OF LAND, LOCATED IN THE
JESSE GOUGH SURVEY, ABSTRACT 347 AND THE ALFRED SLACK SURVEY, ABSTRACT
854, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN
EXHIBIT "A'% PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN; PROVIDING FOR
DEVELOPMENT CONDITIONS, BY AMENDING PLANNED DEVELOPMENT NO. 54,
ORDINANCE NO 1172-5-93 TO REDUCE THE TOTAL NUMBER OF PERMITTED SINGLE-
FAMILY RESIDENTIAL UNITS TO A MAXIMUM OF 3,435 DWELLING UNITS; PROVIDING A
SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
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.
7.
Adopt a Resolution Urging the 77" Texas Legislature to Take Certain Actions to Improve Texas'
Air Quality.
RESOLUTION NO. 1884-11-00(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, URGING THE 77TH TEXAS LEGISLATURE TO TAKE
CERTAIN ACTIONS TO IMPROVE TEXAS' AIR QUALITY
8.
Adopt a Resolution Urging the 77" Texas Legislature to Take Certain Actions to Improve Texas'
���
Surface Transportation Infrastructure.
I
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 2, 2000
9.
Ifo
PACE
RESOLUTION NO. 1885-11-00(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TERAS, URGING THE 77TH TEXAS LEGISLATURE TO TAKE
CERTAIN ACTIONS TO IMPROVE TEXAS' SURFACE TRANSPORTATION INFRASTRUCTURE.
Adopt a Resolution Intervening in Railroad Commission Gas Utilities Division Docket No. 9173.
RESOLUTION NO.
1886-11-00
1: A RESOLUTION OF THE CITY COUNCIL OF THE CH -Y OF
ALLEN, COLLIN
COUNTY,
TEXAS, AUTHORIZING
INTERVENTION IN RAILROAD
COMMISSION GAS
UTILITIES
DIVISION DOCKET NO.
9173 AND COORDINATION WITH
OTHER CITIES TO
ADVOCATE
MAXIMUM REFUNDS
TO RATEPAYERS OF GAS COST
OVERCHARGES
Authorize Execution of an Agreement with RLK Engineering, L.L.C., in the Amount of $79,500
for Professional Engineering Services for the Design of Allen Heights Drive and Bethany Drive
Water Main Improvements.
Council authonzed the City Manager to execute an agreement with RLK Engineering, L L.C., in the
amount of $79,500 for Professional Engineering Services to complete the water transmission line from
Stacy Pump Station to the Bethany Water Tower. Council approved the budget for the Allen Heights
Drive and Bethany Drive Water Main Improvement project as follows.
Engineering
Construction
Contingency
Total
$ 80,000.00
1,100,000.00
120,000.00
$1,300,000.00
Receive the Summary of Property Tax Collections as of September 30, 2000.
Receive the CIP (Capital Improvement Program) Status Report.
The motion carried
13. TABLED ITEM: Authorize Execution of an Engineering Agreement with Shimek, Jacobs &
Finklea, L.L.P., in an amount not to Exceed $32,700 for the Design of Phase I of the Sidewalk
Improvements along SH 5.
MOTION: Upon a motion made by Counctlmember Thomas and a second by Counctlmember Bartlemay,
the Council voted six (6) for and none (0) opposed to remove this item from the table. The
motion carried.
Council requested sidewalks be set back from curbs and meandering walkways be considered where
possible.
MOTION: Upon a motion made by Counctlmember Thomas and a second by Counctlmember Fulk, the
Council voted six (6) for and none (0) opposed to authorize the City Manager to execute an
agreement with Shimek, Jacobs & Fmklea, L.L.P., for the design of Phase I of the sidewalk
improvements along SH 5 to an amount not to exceed $32,700 The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 2, 2000 PAGE 4
14. Conduct a Public Hearing to Consider Annexing Six Parcels of Land into the City of Allen:
Parcel 1 1± Acre of Land Located on the North Side of Exchange Parkway, East of Meadowgate
Drive and West of Malone Road.
Parcel 2 2± Acres of Land Located on the North Side of Exchange Parkway, East of Allen Heights
Drive and West of Malone Road.
Parcel 3' 3± Acres of Land Located on the North Side of Bethany Drive, East of Cheyenne Drive
and West of Big Bend Drive.
Parcel 4: 43 Acres of Land Located on the South Side of Bethany Drive, East of Malone Road and
West of Maxwell Creek Drive.
Parcel 5: 193 Acres of Land Located on the Northeast Corner of Chaparral Road and SH 5.
Parcel 6: A Portion of Roadway from the East Right -of -Way of Present Custer Road for a Point of
Beginning to its Intersection with the Centerline of Old Custer Road, Proceeding Southerly along
the Centerline of Old Custer Road Adjacent to the City Limits of the City of Allen.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
The following citizens spoke in opposition to the proposed annexation of Parcel 4 in support of keeping
the Country Day School open.
Susanne Arnold, 1503 Gardenia, Allen, Texas
Bob Bogucki, 727 Pulitzer Lane, Allen, Texas
Jenna Nelson, 923 Cypress Drive, Allen, Texas
Jay Dominguez and his son, 524 Fairhaven Drive, Allen, Texas
Melissa Vick, 1708 Live Oak Lane, Allen, Texas
The following citizens did not speak but registered opposition to the proposed annexation of Parcel 4:
Lindsay Mormon, 811 Youpon, Allen, Texas
Ruth Anne Smith, 904 Lake Highlands, Allen, Texas
Allison Nelson, 923 Cypress Drive, Allen, Texas
Ardath Carter, 1522 Harvest Run Drive, Allen, Texas
Kevin Clark, 1500 Harvest Run Drive, Allen, Texas
Winona Clark, 1500 Harvest Run Drive, Allen, Texas
Libby Bardwell, 545 Ridgemont Drive, Allen, Texas
Kay Glawe, 1217 Spring Creek Drive, Allen, Texas
Tracy Glawe, 1217 Spring Creek Drive, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
Prior to Council adopting the annexation ordinance, Council directed Staff and Councilmember
Thomas to meet with Parcel 4 landowners to minimize or eliminate the burden on their property due to
the annexation
15. Conduct a Public Hearing and Consider Approval of an Ordinance Granting a Change in Zoning
of Planned Development No. 31 to Allow a Temporary Building with Aluminum Siding to be
Located on 4+ Acres of Land Further Described as 1517 West McDermott Drive as Requested by
the Suncreek United Methodist Church.
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 2, 2000
PAGE 5
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Rev Burt Palmer, 1214 Shadetree Lane, Allen, Texas, implored the City Council to approve his
request.
Milton Gutierrez, President of the Allen Mmistenal Alliance, urged the City Council to revisit current
zoning guidelines for churches.
Nancy Redmgton, 1409 Abilene Court, Allen, Texas, spoke in favor of this item stating the benefits for
area youths
Ed Pierson, 1215 Shadetree, Allen, Texas, spoke in favor of this request.
Kane Boughton, 1205 Shadow Lakes Blvd., Allen, Texas, spoke in favor of this request.
Don Grimes, 1131 Hampton, Allen, Texas, spoke in favor of this request
The following citizens did not speak but registered support for this request:
Martin R. Wounds, 1413 Quail Court, Allen, Texas
Trip Gatelli, 309 Sonoma Drive, Allen, Texas
Kate Redmgton, 1409 Abilene Court, Allen, Texas
Tom Fowler, 1405 Winterwood, Allen, Texas
Kathy Fowler, 1405 Wmtenvood, Allen, Texas
Kim Hines, 1315 Timberbend, Allen, Texas
With no one else speaking, Mayor Terrell closed the public hearing.
Council directed Staff to review the use of temporary buildings for churches for possible revisions
ORDINANCE NO. 1887-11-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING PLANNED DEVELOPMENT NO. 31
(ORDINANCE NO 1537-10-97), AS PREVIOUSLY AMENDED, BY AMENDING THE AREA
AND USE REGULATIONS ON LOT 1, BLOCK A OF THE SUNCREEK UNITED METHODIST
CHURCH TO ALLOW FOR ALUMINUM SIDING AS AN EXTERIOR VENEER ON A
TEMPORARY BUILDING STRUCTURE ON 4.466 ACRES LOCATED IN THE ALFRED SLACK
SURVEY, ABSTRACT NO, 854, CITY OF ALLEN, COLLIN COUNTY, 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 Thomas and a second by Councilmember Bartlemay,
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No 1887-
11-00 as previously captioned. The motion carried.
16. Adopt a Resolution Authorizing the City Manager to Obtain Right -of -Way for Proposed
Roadway Improvements to Bel Air Drive and Initiate Eminent Domain Proceedings if Necessary.
RESOLUTION NO. 1888-11-004R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ACQUISITION FOR STREET RIGHT-OF-WAY PURPOSES FOR BEL AIR DRIVE, THE
PROPERTY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, WITHIN THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY ATTORNEY TO FILE
ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 2, 2000
PAGE
PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Fulk, the
Council voted six (6) for and none (0) opposed to approve and adopt Resolution No 1888-11-
00(R) as previously captioned The motion carried.
17. Approval of the Amended and Restated Tax Abatement Agreement between Second Century
Investment and the City of Allen.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to approve the Amended and Restated Tax
Abatement Agreement between the City of Allen and Second Century Investment and to
authorize the Mayor to execute documents necessary to provide the proposed tax abatement
schedule in support of a six -story Hilton Hotel
The hotel will yield the following direct economic benefits in terms of City and School ad
valorem tax collections over the five-year period, based on $10.5 million value for all years.
18. Approval of the Amended and Restated Allen Civic Center Development and Lease Agreement
between Second Century Investments and the City of Allen.
MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to approve the Amended and Restated Allen
Civic Center Development and Lease Agreement with Second Century Investment and to
authorize the City Manager to execute documents necessary, with Item 14 to be amended as
follows "All additional times of usage will be at times mutually approved by SCI and the
City " The motion carred.
I
City
City
Allen ISD
Abatement
Amount
Collection
Collection
Percentage
Abated
(.564)
(1 7369)
Annually 80%
$ 47,376
$11,844
$185,014
TOTAL Years 1-5 400%
$236,880
$59,220
$925,070
The motion carred
18. Approval of the Amended and Restated Allen Civic Center Development and Lease Agreement
between Second Century Investments and the City of Allen.
MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to approve the Amended and Restated Allen
Civic Center Development and Lease Agreement with Second Century Investment and to
authorize the City Manager to execute documents necessary, with Item 14 to be amended as
follows "All additional times of usage will be at times mutually approved by SCI and the
City " The motion carred.
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ALLEN CITY COUNCIL
REGULAR MEETING
NOVEMBER 2, 2000 PAGE 7
Other Business
19. Calendar.
• November 9 — Tentative Ribbon Cutting for the Allen Premium Outlet Mall
• November 11 — Texas Recvcles Dar by Keep Allen Beautiful Board/Ford Park/8 a.m. to 5 p.m.
• November 15-18 — TML Conference/Austin
• November 16 — City Council Meeting Canceled
• November 29 — Boards and Commissions Dinner/EI Dorado Country Club
• November 30 — Special Called Joint Workshop Regarding the Central Business Distnct/City
Council and Planning and Zoning Commission
• February 20-21, 2001 — Collin County Day/Austin
20. Items of Interest.
Executive Session
The Executive Session was not held.
21. Reconvene and Consider Action on Items Discussed during Executive Session.
Adiourn
MOTION: Upon a motion made by Councdmember Falk and a second by Councilmember Owen, the
Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 9.55 p.m, on Thursday, November 2, 2000. The motion carried.
These minutes approved on the 71h day of December, 2000.
&\97 tU]9119
Stephen Terrell, MAYOR
IVIIIIs611W
Judy Mor on, CMC/AAE, CITY SECRETARY