Min - City Council - 2000 - 12/07 - RegularALLEN CITY COUNCIL
EREGULAR MEETING
DECEMBER 7, 2000
Present:
Stephen Terrell, Mayor
Councilmembers:
Doug Gallagher, Mayor Pro Tem (absent)
Lonnie Thomas
Richard Buchanan
Susan Bartlemay (absent)
Kenneth Fulk
Melissa Owen (absent)
City Staff:
Peter H Vargas, City Manager
Judy Morrison, City Secretary (absent)
Shelley George, Assistant City Secretary
Pete Smith, City Attorney
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 7.09 p.m. on Thursday, December 7, 2000, in the Council Chambers of the Allen City
Hall, One Allen Civic Plaza, Allen, Texas. Items discussed in the preceding workshop included:
• Update Regarding the Library/Civic Auditorium Development Project.
• Briefing Regarding a Proposed Amendment to the Allen Land Development Code Concerning Certain
Temporary Accessory Buildings.
Items discussed in the November 30, 2000 Special Called Joint Council and Planning and Zoning Commission
Workshop included.
• Amendment to the 1998 Comprehensive Plan (Ordinance No. 1616-7-98) to replace the existing Chapter 13
with the proposed Central Business District Redevelopment Plan.
• Amendments to Article IV of the Allen Land Development Code
o Establish zoning sub -districts in the Central Business District (CBD), to wit, CBD -Mixed Use
Residential/Retail, CBD-Office/Institutional: CBD -Office; CBD-Retail/Office; CBD -Institutional;
CBD -Medical Office/Medical Supply, CBD -Self -Storage; and CBD -Transportation,
o Establish Design Overlay District Nos 1 and 2, and to make provisions for the Old Allen Historic
Village;
ALLEN CITY COUNCIL
REGULAR MEETING
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PAGE 2
o Establish design requirements for Design Overlay Districts Nos. 1 and 2; and
o Add Section 4.15 Height and Area Regulations and to add Section 4.20.4 Schedule of Permitted Uses
and Section 4.20.5 Schedule of Accessory Uses;
• Appendix A of the Allen Land Development Code to add definitions.
• An ordinance rezoning 40t acres of land located in the William Pemn and A. B. Pemn Surveys, Abstract
Nos. 708 and 713, City of Allen. Collin County, Texas, located north and south of McDermott Drive and
east of U.S. 75 from CBD -Central Business District to SC -Shopping Center.
Pledee of Alleeiance
Public Recoenition
1. Citizens' Comments.
MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Fulk, the
Council voted four (4) for and none (0) opposed to approve and adopt all items on the consent
agenda as follows:
2. Approve Minutes of the October 30, 2000, TRIAD Meeting of the City Council, Allen
Independent School District Board of Trustees, and the Chamber of Commerce.
3. Approve Minutes of the November 2, 2000, Special Called Meeting.
4. Approve Minutes of the November 2, 2000, Regular Meeting.
5. Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and
Traffic," Establishing a Speed Limit for FM 2170, also known as Main Street, between Fountain
Gate Drive and Malone Road.
ORDINANCE NO. 1889-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC;' ARTICLE V, "OPERATION OF
VEHICLES," DIVISION 2, 'SPEED REGULATIONS," SECTION 9-135 ESTABLISHING THE
MAXIMUM PRIMA FACIE SPEED LIMITS FOR FARM TO MARKET ROAD 2170 ALSO
KNOWN AS McDERMOTT DRIVE AND EAST MAIN STREET, PROVIDING FOR A
REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
6. Adopt a Resolution Approving the 2001-2006 Communications Plan for the City of Allen.
RESOLUTION NO. 1890-12-00(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING THE 2001-2006 COMMUNICATIONS PLAN FOR
THE CITY OF ALLEN.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 7, 2000
PAGE
7. Adopt a Resolution Urging the 771h Texas Legislature to Take Certain Actions to Improve Public
Library Services to the Citizens of Texas.
RESOLUTION NO. 1891-12-OO(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 PUBLIC LIBRARY SERVICES TO THE CITIZENS OF TEXAS.
8. Consider Approval of an Amended Tax Abatement Agreement in Reinvestment Zone #18
Supporting the Relocation of Metro-Optix, Inc., to Allen.
Council authorized the Mayor to execute an amended and restated Tax Abatement Agreement in
Reinvestment Zone #18 abating $135,360 over the next 10 years in City ad valorem tax collections.
9. Consider Approval of an Amended and Restated Tax Abatement Agreement in Reinvestment
Zone #18 for Prentiss Properties Acquisition Partners, L.P.
Council authorized the Mayor to execute an amended and restated Tax Abatement Agreement in
Reinvestment Zone #18 abating $153,408 over the next 10 years in City ad valorem tax collections.
10. Authorize City Manager to Negotiate and Execute a Contract with Gallagher Construction
�a
Management Services in the Amount of $482,000 for Construction Management Services for the
El Expansion of the Allen Police Station.
�•+I 11. Award Bid, Authorize Execution of a Contract with Omega Contracting Company in the
Amount of $908,198 for the Construction of the Widening of Allen Heights Drive and the 30 -inch
Waterline Project at Exchange Parkway to Main Street and Establish a Budget of $1,180,000.
Council authorized the City Manager to execute a contract in the amount of $908,198 with low bidder
Omega Contracting Company for the Allen Heights Drive Widening and 30-mch Waterline Project.
12. Award Bid and Authorize Execution of an Agreement with C & P Engineering, Ltd., in the
Amount of $39,040.30 for Engineering Services for the Design of Alma Drive from Bel Air Drive
to Tatum Drive.
Council authorized the City Manager to execute an agreement in the amount of $39,040.30 with C & P
Engineenng, Ltd., for engineering services for the design of Alma Drive from Bel Air Drive to Tamm
Drive.
13. Authorize Execution of an Agreement with Chiang, Patel, and Yerby, Inc., in the Amount of
$471,286.15 for Engineering Services for the Design of Main Street from Allen Heights Drive to
FM 2551.
Council authorized the City Manager to execute an agreement in the amount of $471,286.15 with
Chiang, Patel, and Yerby, Inc. for engineering services for the design of Main Street from Allen
Heights Drive to FM 2551.
14. Approve by Motion the Naming of the Following City Parks as Recommended and Approved by
the Parks and Recreation Board: Lost Creek; Bluffs at Lost Creek; Dayspring Nature Preserve;
Suncreek; Glendover; Bethany Ridge; Shadow Lakes; Heritage and Rolling Hills.
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ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 7, 2000 PAGE 4
15. Receive the CIP (Capital Improvement Program) Status Report.
The motion carred.
Regular Aeenda
16. TABLED ITEM: Authorize Execution of an Agreement with Shimek, Jacobs & Finklea, L.L.P.,
in an Amount not to Exceed $27,000 for Engineering Services for the Design of a Supervisory
Control and Data Acquisition (SCADA) System for Water and Sewer System Control.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Buchanan, the
Council voted four (4) for and none (0) opposed to remove this item from the table. The
motion carred.
MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Buchanan, the
Council voted four (4) for and none (0) opposed to authorize the City Manager to execute an
agreement with Shimek, Jacobs & Finklea, L.L.P., for $27,000 for professional engineering
services for the design of a SCADA System for the control and monitoring of the water and
sewer system. The motion carried
17. Adopt an Ordinance Establishing TSU Gas Distribution's Rates and Charges within the City of
Allen.
ORDINANCE NO. 1892-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, FINDING, AFTER REASONABLE NOTICE AND
HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY
SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING
WEATHER NORMALIZATION ADJUSTMENT; REJECTING PLANT INVESTMENT CLAUSE;
APPROVING AN ADJUSTMENT FACTOR FOR CERTAIN FEES AND TAXES; PROVIDING
FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE
CITY, ORDERING THAT THE COMPANY FILE TARIFFS REFLECTING APPROVED CHANGES
IN RATES AND CHARGES, PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Buchanan and a second by Councilmember Fulk, the
Council voted four (4) for and none (0) opposed to approve and adopt Ordinance No. 1892-12-
00 as previously captioned. The motion camed.
18. Conduct a Public Hearing and Adopt an Ordinance Authorizing an Amendment to the 1998
Comprehensive Plan to Replace the Existing Chapter 13 with the Proposed Central Business
District Redevelopment Plan.
Mayor Terrell opened the public hearings on Agenda Item Nos. 18, 19, and 20, and asked for anyone
speaking either for or against the requests to do so at this time.
Mr. Victor Haak, 2010 Eastgate Drive, Garland, Texas, spoke in opposition to the proposed Central
Business District agenda items. The proposed plan will change the zoning on his property and reduce
the value of his investment.
ALLEN CITY COUNCIL
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PAGES
Mr. Bill Petty, 518 Post Oak, Allen, Texas, spoke in support of the proposed Central Business District
agenda items. He encouraged Council to consider all possible parking options and suggested a plan
similar to the park dedication ordinance for parking
Mr. James Brazeal, Box 514, Allen, Texas, spoke in opposition to the rezoning of his property located
within the Central Business District. He expressed this new zoning would place an undue burden on
his property.
Mr. Mike Williams, 101 W McDermott, Allen, Texas, encouraged Council to explore additional
parking alternatives.
With no one else speaking, Mayor Terrell closed the public hearings.
ORDINANCE NO. 1893-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE 1998 COMPREHENSIVE PLAN,
ORDINANCE NO, 1616-7-98 AS HERETOFORE AMENDED, BY REPLACING CHAPTER 13
CENTRAL BUSINESS DISTRICT WITH THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT
PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Thomas, the
Council voted four (4) for and none (0) opposed to approve and adopt Ordinance No. 1893-12-
00 as previously captioned. The motion carred.
19. Conduct a Public Hearing and Adopt an Ordinance Authorizing an Amendment to Appendix A
of the Allen Land Development Code by Adding Definitions and Authorizing Amendments to
Article IV of the Allen Land Development Code to:
• Establish Zoning Subdistricts in the Central Business District (CBD), to wit, CBD -Mixed Use
Residential/Retail; CBD-Office/Institutional; CBD -Office; CBD-Retail/Office; CBD -
Institutional; CBD -Medical Office/Medical Supply; CBD -Self -Storage and CBD -
Transportation; and,
• Establish Design Overlay District Nos. 1 and 2, and to make Provisions for the Old Allen
Historic Village; and,
• Establish Design Requirements for Design Overlay Districts Nos. 1 and 2; and,
• Add Section 4.15 Height and Area Regulations, Section 4.20.4 Schedule of Permitted Uses and
Section 4.20.5 Schedule of Accessory Uses.
ORDINANCE NO. 1894-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
BY AMENDING ARTICLE IV, SECTION 4.08.21 AND SECTION 4 09 TO ESTABLISH "CBD"
CENTRAL BUSINESS DISTRICT ZONING REGULATIONS; BY ESTABLISHING OVERLAY
DISTRICTS IN THE CENTRAL BUSINESS DISTRICT (CBD); BY ADDING SECTION 4.15.4 CBD
HEIGHT AND AREA REGULATIONS; BY ADDING SECTION 4.20.4 SCHEDULE OF
PRINCIPAL USES; BY ADDING SECTION 4.20.5 SCHEDULE OF ACCESSORY USES FOR
CENTRAL BUSINESS DISTRICT, BY AMENDING APPENDIX A DEFINITIONS, PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
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PAGE
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Thomas, the
Council voted four (4) for and none (0) opposed to approve and adopt Ordinance No. 1894-12-
00 as previously captioned, with the following revisions to Exhibit A. Mixed Use, Office,
Office Retail, Institutional, and Institutional/Office be limited to a maximum height of sixty
feet (60'), and four (4) stones with the exception of offices located west of Bonham Drive will
be limited to a maximum height of ninety feet (90') and six (6) stories. The motion carried.
20. Conduct a Public Hearing and Adopt an Ordinance Rezoning 40f Acres of Land Located North
and South of McDermott Drive and East of US 75 from CBD -Central Business District to SC -
Shopping Center.
ORDINANCE NO. 1895-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE,
ORDINANCE NO. 1845-6-00 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "CBD" CENTRAL BUSINESS DISTRICT TO "SC"
SHOPPING CENTER ON 40t ACRES OF LAND LOCATED IN THE GREENWAY ALLEN
RETAIL ADDITION, PERRIN ADDITION, CENTURY RETAIL ADDITION, PETE FORD
MEDICAL ADDITION, ALLEN LOTS ADDITION, BURGER KING ADDITION, EXXON
WCDERMOTT ADDITION, ALLEN 727 CENTRAL OFFICE BUILDING ADDITION, FOURJAY
d DDITION, AND THE WHISENANT ADDITION, BLOCK 9, LOTS 2B, 2E, 2C, 3C, AND THE
HISENANT ADDITION, BLOCK 8, LOTS 4F, 4C, 4A, 4B, 3B, 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 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 Thomas and a second by Councilmember Buchanan,
the Council voted four (4) for and none (0) opposed to approve and adopt Ordinance No. 1895-
12-00 as previously captioned The motion carried.
21. Conduct a Public Hearing and Adopt an Ordinance Authorizing Amendments to the Allen Land
Development Code to Establish Sign Regulations.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
Ms. Sandy Sanders, 920 Tyler Court, Allen, Texas, spoke in support of this request
Mr. Eddie Wynne, 4841 Rippy, Lewisville, Texas, spoke on behalf of his sign company and local
homebudders. He requested Council consider reducing the number of signs allowed rather than
eliminating homebuilder signs all together.
Three other residents expressed concern over eliminating the signs.
With no one else speaking, Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 7, 2000
PAGE 7
ORDINANCE NO. 1896-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 1630-9-98, AS AMENDED,
AND AMENDING THE ZONING REGULATIONS OF THE ALLEN LAND DEVELOPMENT
CODE, ORDINANCE NO. 1845-6-00, BY ADDING SECTION 7.09 SIGN REGULATIONS; BY
AMENDING APPENDIX `B" FEES AND CHARGES, BY AMENDING ARTICLE B,
ADMINISTRATION, SECTION 2.03.2 POWERS AND DUTIES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councdmember Buchanan and a second by Councdmember Thomas,
the Council voted four (4) for and none (0) opposed to approve and adopt Ordinance No. 1896-
12-00 as previously captioned, with the following revisions to the Exhibits. Exhibit A. "Grand
Opening" balloons/inflatables be allowed for twenty-one (21) days; and Exhibit B. On -
premises — Free-standing (Detached) within 100 ft. US 75 — Industrial Single Tenant -pole be
changed to Industrial Single Tenant -monument. The motion carred.
22. Adopt Ordinances and Service Plans Regarding Five Parcels of Land Annexed into the City of
Allen as Described Below:
A. Parcel 1. 2± Acres of Land Located on the North Side of Exchange Parkway, East of Allen
Heights Drive and West of Malone Road.
ORDINANCE NO. 1897-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ANNEXING 2.5831 ACRES LOCATED IN TRACT 11,
TRACT 9 AND TRACT 15 OF THE J. ROBERTS SURVEY, ABSTRACT NO. 777, COLLIN
COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, AND EXTENDING
THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID PROPERTY WITHIN THE
CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY
ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL
INHABITANTS THEREIN BY ALL OF THE ORDINANCES, ACTS, RESOLUTIONS AND
REGULATIONS OF SAID CITY, ADOPTING A SERVICE PLAN FOR THE EXTENSION OF
MUNICIPAL SERVICES ATTACHED HERETO AS EXHIBIT 'B", PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
B. Parcel 2: 3± Acres of Land Located on the North Side of Bethany Drive, East of Cheyenne
Drive and West of Big Bend Drive.
ORDINANCE NO. 1898-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ANNEXING 3.6161 ACRES LOCATED IN TRACT 5 AND
TRACT 5-9 OF THE SIMON BURNS SURVEY, ABSTRACT NO. 92, COLLIN COUNTY, TEXAS,
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, AND EXTENDING THE BOUNDARY
LIMITS OF THE CITY SO AS TO INCLUDE SAID PROPERTY WITHIN THE CITY LIMITS AND
GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY ALL OF THE
RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS
THEREIN BY ALL OF THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF
SAID CITY, ADOPTING A SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL SERVICES
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 7, 2000
PAGE
ATTACHED HERETO AS EXHIBIT `B"; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
C. Parcel 3: 4 Acres of Land Located on the South Side of Bethany Drive, East of Malone Road
and West of Maxwell Creek Drive.
ORDINANCE NO. 1899-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ANNEXING 4 ACRES LOCATED IN TRACT 5 AND
TRACT 1 OF THE D.B. HEARNE SURVEY, ABSTRACT NO. 427, COLLIN COUNTY, TEXAS,
DESCRIBED IN EXHBIT "A" ATTACHED HERETO, AND EXTENDING THE BOUNDARY
LIMITS OF THE CITY SO AS TO INCLUDE SAID PROPERTY WITHIN THE CITY LIMITS AND
GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY ALL OF THE
RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS
THEREIN BY ALL OF THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF
SAID CITY, ADOPTING A SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL SERVICES
ATTACHED HERETO AS EXHIBIT 'B", PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
D. Parcel 4. 19± Acres of Land Located on the Northeast Comer of Chaparral Road and SH 5.
ORDINANCE NO. 1900-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ANNEXING 19.273 ACRES, BEING 0.915 ACRES
LOCATED IN LOT 1, BLOCK 1, OF THE CREEK #01 ADDITION, CITY OF PLANO, 8.1790
ACRES BEING TRACT 19 OF THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 491, 5.0920
ACRES BEING TRACT 17 OF THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 491 AND
5.0870 ACRES BEING TRACT 18 OF THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 491
COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, AND
EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID PROPERTY
WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID
PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING
ALL INHABITANTS THEREIN BY ALL OF THE ORDINANCES, ACTS, RESOLUTIONS AND
REGULATIONS OF SAID CITY, ADOPTING A SERVICE PLAN FOR THE EXTENSION OF
MUNICIPAL SERVICES ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A
SEVERABILITY CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
E. Parcel 5. 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.
ORDINANCE NO. 1901-12-00: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ANNEXING A PORTION OF ROADWAY FROM THE
EAST RIGHT-OF-WAY OF PRESENT CUSTER ROAD, PROCEEDING SOUTHERLY ALONG
THE CENTERLINE OF OLD CUSTER ROAD ADJACENT TO THE CITY LIMITS OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO,
AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID
PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND
OWNERS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 7, 2000
PAGE
AND BINDING ALL INHABITANTS THEREIN BY ALL OF THE ORDINANCES, ACTS,
El RESOLUTIONS AND REGULATIONS OF SAID CITY; ADOPTING A SERVICE PLAN FOR THE
EXTENSION OF MUNICIPAL SERVICES ATTACHED HERETO AS EXHIBIT'S'; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Buchanan, the
Council voted four (4) for and none (0) opposed to approve and adopt Ordinance Nos. 1897-12-
00, 1898-12-00, 1899-12-00, 1900-12-00 and 1901-12-00 as previously captioned. The motion
Gamed.
23. Adopt an Ordinance Authorizing Amendments to the Code of Ordinances, Chapter 14,
"Utilities," Article 1.
ORDINANCE NO. 1902-12-00: AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER 14, UTILITIES, ARTICLE I. IN GENERAL, IN PART;
PROVIDING FOR A REPEALING CLAUSE, PROVIDING A SEVERABR,ITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED 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 Fulk, the
Council voted four (4) for and none (0) opposed to approve and adopt Ordinance No. 1902-12-
00 as previously captioned The motion carried.
24. Adopt a Resolution Setting and Amending Rates and Fees for Water and Sewer Services.
RESOLUTION NO. 1903-12-OO(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A DEPOSIT FEE FOR WATER AND
SEWER SERVICES; ESTABLISHING A FEE FOR RETURNED CHECKS; ESTABLISHING
RECONNECTION FEES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Buchanan, the
Council voted four (4) for and none (0) opposed to adopt Resolution No. 1903-12-00(R) as
previously captioned. The motion carried.
25. Adopt a Resolution Authorizing the City Manager to Initiate Eminent Domain Proceedings, if
Necessary, Regarding the Acquisition of Property for the Proposed Allen Public Library.
RESOLUTION NO. 1904-12-00(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ACQUISITION OF PROPERTY FOR CONSTRUCTION OF A LIBRARY AND CIVIC
AUDITORIUM AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER AND CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO
ACQUIRE SUCH PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 7, 2000
PAGE 10
MOTION: Upon a motion made by Councilmember Buchanan and a second by Councilmember Thomas,
the Council voted four (4) for and none (0) opposed to adopt Resolution No. 1904-12-00(R) as
previously captioned. The motion carred
26. Authorize City Manager to Execute Necessary Documents for the Purchase of the Property
Water Tower Site, Located on Prestige Circle, Allen Business Center, for the Cost of $3.65 per
Square Foot, Totaling $230,862.50, plus Closing Costs.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Buchanan, the
Council voted four (4) for and none (0) opposed to authorize the City Manager to execute the
necessary documents for the real estate purchase of the proposed water tower site for a price
not to exceed $3.65 per square foot, totaling $230,862.50, plus closing costs The motion
carried.
Other Business
27. Calendar.
•
December 10 — Sunday Sounds/2:00 p m./Allen Public Library
•
December 13 — Legislative Breakfast/8:00 a m./Allen Public Library
•
December 22-25 —City of Allen Offices Closed for Winter Holidays
January 1, 2001—City of Allen Offices Closed for New Year's Day Holiday
•
January 12 — Employee Awards Dinner
January 14Sunday Sounds/2:00 p.m./Allen Public Library
•
January 22 —TRIAD Meeting/Allen ISD Hosts
•
February 10Strategic Planning Session for Council/Council Conference Room
•
February 20-21 Collin County Day/Austin
28. Items of Interest.
The regular session
recessed at 10.02 p.m.
Executive Session
In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072,
Personnel, Section 551.074, the Allen City Council convened into Executive Session at 10:18 p.m. on
Thursday, December 7, 2000, in the Council Conference Room, One Allen Civic Plaza, Allen, Texas, in order
to continue discussing matters pertaining to:
Property Purchase 1± Acre of Land Located at the Northwest Comer of Ash Drive and
Belmont Drive for Right -of -Way and Park Purposes.
Property Purchase 40± Acres of Land Located along Rowlett Creek, North of Exchange
Parkway, from ECOM Real Estate Management, Inc., Trustee.
E���The Executive Session adjourned at 10.51 p.m. on Thursday, December 7, 2000.
Ili 29. Reconvene and Consider Action on Items Discussed during Executive Session.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 7, 2000
PAGE 11
EThe Allen City Council reconvened into regular session at 10:52 p.m, on Thursday, December 7, 2000,
in the Council Chambers of the Allen City Hall. The following action was taken on items discussed
during Executive Session:
Property — Purchase 1± Acre of Land at the Northwest Corner of Ash Drive and Belmont Drive
for Right -of -Way and Park Purposes.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Buchanan, the
Council voted four (4) for and none (0) opposed to authorize the City Manager to negotiate and
execute a contract to purchase 1.044 acres of land located at the northwest comer of Ash Drive
and Belmont Drive for right-of-way and park purposes and to establish a budget for land
acquisition of $100,000. The motion carried.
Property — Purchase 40± Acres of Land Located along Rowlett Creek, North of Exchange
Parkway, from ECOM Real Estate Management, Inc., Trustee.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Buchanan, the
Council voted four (4) for and none (0) opposed to authorize the City Manager to negotiate and
execute a contract with ECOM Real Estate Management, Inc., Trustee, to purchase 40± acres
of land located along Rowlett Creek, north of Exchange Parkway, in an amount not to exceed
$900,000. The motion carred
MOTION: Upon a motion made by Councilmember Buchanan and a second by Councilmember Fulk, the
Council voted four (4) for and none (0) opposed to adjourn the regular session of the Allen City
Council at 10:56 p.m. on Thursday, December 7, 2000 The motion carred.
These minutes approved on the 21" day of December, 2000.
Stephen Terrell, MAYOR
ATTEST:
,
J y Mor ' on, CMC/AAE, CITY SECRETARY