Min - City Council - 2001 - 09/06 - RegularALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 6, 2001
Present:
Stephen Terrell, Mayor
Councilmembers:
Melissa Owen, Mayor Pro Tem
Debbie Stout
Richard Buchanan
Bill Petty
Susan Bartlemay
Kenneth Falk
City Staff:
Peter H Vargas, City Manager
L Judy Morrison, 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 11 p.m on Thursday, September 6, 2001, 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 Fee Structure for the Don Rodenbaugh Natatorium, Rental Fees for the Joe
Farmer Recreation Center and Fees for the Allen Senior Citizen Center
• Update Regarding AT&T Broadband's Proposed Closing of the Local Cable Office
Pledge of Allegiance
Public Recognition
Citizens' Comments.
• County Commissioner Joe Jaynes presented a check to the City in the amount of $2,126,000 which
represents Collin County's 50% contribution for the construction of Stacy Road.
• Presentation of the Dallas County Corporate Recycling Council Environmental Vision Award to the
City of Allen by Mr. Robert Medigovich of Community Waste Disposal on behalf of the Dallas
County Corporate Recycling Council.
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REGULAR MEETING
SEPTEMBER 6, 2001 PAGE 2
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2. Presentation of a Proclamation from the Office of the Mayor.
• Presentation of a Proclamation to Ms. Lynda Milot Benson, President, and Ms. Lynn Moore, Allen
Resident, Members of the Executive Committee of the Association for Children for Enforcement of
Support (ACES) Proclaiming October 1, 2001, as Child Support Awareness Day.
MOTION: Upon a motion made by Councilmember Fulk, the Council removed the following items from
the consent agenda.
8. Adopt a Resolution Establishing a Library Meeting Room Policy.
14. Authorize Execution of a Professional Services Contract with Binkley & Barfield, Inc., in an
Amount not to Exceed $271,000 for the Engineering Design for Widening Exchange Parkway to a
Six -lane Roadway from SH 5 to Angel Parkway and Establish a Project Budget of $3,732,000.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to approve and adopt all remaining items on
the consent agenda as follows:
3. Approve Minutes of the August 16, 2001, Regular Meeting.
4. Approve Minutes of the August 28, 2001, Special Called Session Public Hearings on the Budget
and the Tax Rate.
Adopt an Ordinance Amending the Code of Ordinances, Chapter 9, "Motor Vehicles and
Traffic," Establishing a Speed Limit of 40 mph on Stacy Road between US 75 and CR 196; 45
mph on Stacy Road between CR 196 and SH 121; and 40 mph on Bray Central Drive between
Watters Road and Exchange Parkway.
ORDINANCE NO. 1978-9-01: 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(a), TO ESTABLISH THE
MAXIMUM PRIMA FACIE SPEED LIMIT FOR STACY ROAD BETWEEN US 75 AND STATE
HIGHWAY 121, AND BRAY CENTRAL DRIVE BETWEEN WATTERS ROAD AND EXCHANGE
PARKWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF ALLEN; AND BY
DELETING SECTION 9-41, PROVIDING FOR A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS 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 Designating The Allen American as the Official Newspaper for Legal
Publications for the City of Allen.
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RESOLUTION NO. 1979-9-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING THE ALLEN AMERICAN THE OFFICIAL
NEWSPAPER OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR FY 2001-2002;
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REGULAR MEETING
SEPTEMBER 6, 2001
PAGE
AUTHORIZING ITS EXECUTION BY THE CITY SECRETARY; AND PROVIDING AN
EFFECTIVE DATE.
Adopt a Resolution Approving the Terms and Conditions of an Interlocal Agreement between the
City of Allen and the State of Texas Authorizing Participation in the Clean Vehicle Program.
RESOLUTION NO. 1980-9-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE
STATE OF TEXAS, AUTHORIZING PARTICIPATION IN THE CLEAN VEHICLE PROGRAM;
DESIGNATING THE CITY MANAGER OR DESIGNEE AS OFFICIAL REPRESENTATIVE OF THE
CITY IN MATTERS RELATING TO THE PROGRAM; AUTHORIZING ITS EXECUTION BY THE
CITY MANAGER OR DESIGNEE, AND PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Reauthorizing the Investment Policy for the City of Allen.
RESOLUTION NO. 1981-9-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, RE -ADOPTING A POLICY FOR THE INVESTMENT OF
MUNICIPAL FUNDS, AND PROVIDING AN EFFECTIVE DATE
10. Adopt a Resolution Authorizing the Application for a Collin County Open Space Grant to Fund
Parkland Acquisition.
4 RESOLUTION NO. 1982-9-01(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING CERTAIN OFFICIALS AS BEING
RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY IN DEALING WITH
COLLIN COUNTY FOR THE PURPOSE OF PARTICIPATING IN THE COLLIN COUNTY PARK
AND OPEN SPACE MATCHING GRANT PROGRAM; CERTIFYING THAT THE CITY IS
ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE CITY'S MATCHING
SHARE IS READILY AVAILABLE; DEDICATING THE PROPOSED SITE FOR PERMANENT
PUBLIC PARK AND OPEN SPACE USES, AND PROVIDING FOR AN EFFECTIVE DATE.
11. Accept the Certification of Anticipated Tax Collection Rate for the 2001-2002 Taxable Year, the
Certification of Excess Debt Collections for the Taxable Year 2001-2002, and the 2001 Appraisal
Roll.
12. Approval of Assignment of Tax Abatement Agreement Reinvestment Zone #23 from Enterprise
Business Park D-2, L.P., to L&B Depp Enterprise II, Inc.
13. Authorize Execution of a Professional Engineering Services Contract with Birkhoff, Hendricks &
Conway, L.L.P., in the Amount of $45,850 for Plan Preparation for Various Alley Reconstruction
Projects and Establish a Project Budget of $700,000 for the First Phase.
Council authorized the City Manager to execute a contract with Birkhoff, Hendricks & Conway, L.L.P.,
for plan preparation for various alley reconstruction projects for an amount not to exceed $700,000 for
the First Phase.
I 15. Authorize Execution of a Sale and Purchase Agreement to Acquire Right -of -Way for both the
Intersection of Malone Road and East Main Street and the Proposed Intersection of Angel
Parkway and East Main Street and Establish a Budget of $400,000 for the Land Acquisition.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 6, 2001
PAGE
Council authorized the City Manager to execute a Sale and Purchase Agreement for acquisition of right-
of-way for both the intersection of Malone Road and East Main Street and the proposed intersection of
Angel Parkway and East Main Street for an amount not to exceed $400,000 for the land acquisition
16. Award Bid and Authorize Execution of a Professional Services Contract with Sprinkle 'N Sprout,
the Lowest and Best Bidder, for the Bolin Park Landscape Barrier along McDermott Drive for an
Amount not to Exceed $92,566.
Council authorized the City Manager to execute a professional services contract with Sprinkle 'N
Sprout, the lowest and best bidder, for the Bolin Park Landscape Barner along McDermott Drive in an
amount not to exceed $92,566.
17. Authorize the City Manager, on behalf of the Allen Community Development Corporation, to
Execute a Change Order Increase to Clark -Condon Associates' Contract in the Amount of
$165,619 to Commensurate with an Increased Construction Budget of $6,147,425.
18. Confirmation of a Sole Source Purchase of Four LifePack 12 Defibrillator/Monitors and
Accessories from Medtronics Physio -Control in the Amount of $91,925.
19. Receive the Summary of Property Tax Collections as of July 31, 2001.
The motion carried.
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Reeular Aeenda
20. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by Granting
Specific Use Permit No. 88 for a Church and a Day Care Center for the Fairview Baptist Church
on 483 Acres of Property Located South of SH 121 and East of the Proposed Extension of 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. 1983-9-01: 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. 88 FOR A CHURCH AND A DAY CARE CENTER FOR PROPERTY
ZONED PLANNED DEVELOPMENT NO. 40, DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO, PROVIDING FOR APPROVAL OF THE SITE PLAN, ATTACHED HERETO AS
EXHIBIT "B'% 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 Bartlemay and a second by Councdmember Stout, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No.
1983-9-01 as previously captioned The motion carried.
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21. Conduct a Public Hearing and Adopt an Ordinance Authorizing Amendments to the Allen Land
Development Code, Including Article I, Rules of Construction; Article IV, Dimensional Standards
and Schedule of Uses; Article VII, Luminary Height Requirement, Landscape Buffer Strip in
Parking Lots and Utility Services; Article VIII, Drainage Criteria Standards; Appendix A,
Adding Definitions for Catering and Video Redemption Machines; and Appendix B, Adding Fire
Code Fees.
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. 1984-9-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING SECTION 1.04 RULES OF CONSTRUCTION
TO CORRECT LANGUAGE RELATING TO COMPUTATION OF TIME, SECTION 4 15.3 TO
ALLOW MAXIMUM HEIGHT OF 12 STORIES FOR "O" OFFICE USES IN "CC" CORRIDOR
COMMERCIAL ZONING DISTRICT, SECTION 4.15.4 TO SET A MAXIMUM HEIGHT OF
EIGHT (8) STORIES IN THE MIXED-USE RESIDENTIAL SUB -DISTRICT OF THE "CBD"
CENTRAL BUSINESS DISTRICT, SECTION 4.20.2 TO ALLOW AUTO REPAIR BY SPECIFIC
USE PERMIT IN "SC" SHOPPING CENTER AND "LC" LIGHT COMMERCIAL DISTRICTS,
ALLOW BICYCLE/REPAIR SHOP BY RIGHT IN "CC" CORRIDOR COMMERCIAL DISTRICT,
ALLOW CATERING BY RIGHT IN "LC" LOCAL RETAIL, "SC" SHOPPING CENTER, AND
"LC" LIGHT COMMERCIAL DISTRICTS; REMOVE CHURCH, TEMPLE OR RECTORY AS A
PERMITTED USE IN "SC" DISTRICT, ALLOW FAMILY HOME BY RIGHT IN "RI" AND "R1.5"
RESIDENTIAL DISTRICTS; REMOVE MINI -WAREHOUSE AS A PERMITTED USE IN "TR"
TECHNICAL RESEARCH DISTRICT; REMOVE TRUCK STORAGE AS A PERMITTED USE IN
"TR" TECHNICAL RESEARCH DISTRICT, ALLOW VIDEO REDEMPTION MACHINE BY
SPECIFIC USE PERMIT IN "GB" GENERAL BUSINESS, "HI" HEAVY INDUSTRIAL AND "CC"
CORRIDOR COMMERCIAL DISTRICTS, REMOVE FUELING STATIONS AS A USE
PERMITTED BY RIGHT AND ALLOW AS AN ACCESSORY USE BY SPECIFIC USE PERMIT,
AMEND THE SCHEDULE OF USES IN THE "CBD" CENTRAL BUSINESS DISTRICT TO
ALLOW CATERING BY RIGHT IN THE MIXED-USE RESIDENTIAL/RETAIL SUB -DISTRICT,
ALLOW LAUNDRY/DRY CLEANING, PICK-UP ONLY BY RIGHT IN THE MIXED-USE
RESIDENTIAL/RETAIL DISTRICT, ALLOW OFFICE IN MIXED-USE RESIDENTIAL/RETAIL
BY RIGHT TO A MAXIMUM OF 25 PERCENT OF THE TOTAL BUILDING; ALLOW
SPECIALTY/HEALTH FOODS 5,000 SQUARE FEET OR LESS BY RIGHT IN MIXED-USE
RESIDENTIAL/RETAIL DISTRICT AND SPECIALTY/HEALTH FOODS GREATER THAN 5,000
SQUARE FEET BY SPECIFIC USE PERMIT IN MIXED-USE RESIDENTIAL/RETAIL DISTRICT,
AMEND SECTION 7 03 4 8.A TO CLARIFY MAXIMUM LUMINARY HEIGHT REQUIRED FOR
SPECIFIC NUMBER OF PARKING SPACES; ADD SECTION 7 05 2.5.viti TO SPECIFIC
LANDSCAPE PLANTINGS WHERE PARKING LOTS AND DRIVES ABUT A LANDSCAPE
BUFFER STRIP; AMEND SECTION 7.03.5, SECTION 7.07.3 AND SECTION 8.10 3 c i, TO
CLARIFY LANGUAGE IDENTIFYING "NEW UTILITY INSTALLATIONS", AMEND SECTION
8.13.2 TO CLARIFY DRAINAGE CRITERIA STANDARDS BY FORMAL ADOPTION BY
REFERENCE OF "DESIGN MANUAL FOR STORM DRAINAGE FACILITIES", AMENDING
APPENDIX "A" TO ADD DEFINITIONS FOR "CATERING," AND "VIDEO REDEMPTION
MACHINE" AND REMOVING DEFINITION OF CATERING FROM FOOD SERVICE
DEFINITION; AMENDING APPENDIX "B" SCHEDULE A TO PROVIDE FOR FIRE CODE FEES,
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING
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REGULAR MEETING
SEPTEMBER 6, 2001
PAGE 6
A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.
Council directed City staff to study the following items: l) parking lot landscape ordinance, 2)
underground utilities, 3) power poles, and 4) catering as a permitted use in Office ("O") zoning.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No.
1984-9-01 as previously captioned with amendment of Section 4.15.1 to reduce the minimum
height to two stories with a maximum height of four stones. The motion carried.
22. Approve the Following Items Related to the 2001-2002 Fiscal Year Budget:
(A) Adopt an Ordinance Approving and Adopting the Budget for the Fiscal Year Beginning
October 1, 2001, and Ending September 30, 2002, and Appropriating the Various Amounts
Required for Such Budget
ORDINANCE NO. 1985-9-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING A BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002;
APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET,
PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR A
REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No
1985-9-01 as previously captioned. The motion earned.
(B) Adopt an Ordinance Setting the Tax Rate of $0.563 per $100 Valuation of Property Tax for the
Fiscal Year Beginning October 1, 2001, and Ending September 30, 2002.
ORDINANCE NO. 1986-9-01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING THE TAX RATE AND LEVYING
THE AD VALOREM TAXES FOR THE FISCAL YEAR 2001-2002; TO PROVIDE
REVENUE FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING A
SEVERABILITY CLAUSE, PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No.
1986-9-01 as previously captioned. The motion carried.
23. Adopt a Resolution Authorizing a Grant for a Fire Lane and Mutual Access Easement for
Exchange Heights, LTD., along the Eastern Edge of Fire Station No. 2 Located at 1100 Exchange
Parkway.
RESOLUTION NO. 1987-9-O1(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIRE LANE AND MUTUAL ACCESS EASEMENT FOR EXCHANGE HEIGHTS, LTD, ALONG
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THE EASTERN EDGE OF FIRE STATION NO. 2, FURTHER DESCRIBED IN EXHIBITS "A"
AND "B" ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Fulk and a second by Councilmember Petty, the
Council voted seven (7) for and none (0) opposed to approve and adopt Resolution No.
1987-9-01(R) as previously captioned. The motion carried.
24. Adopt a Resolution Designating the Time and Date of the City Council Meetings.
RESOLUTION NO. 1988-9-01(R7: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, SETTING THE TIME AND DATE OF THE CITY COUNCIL
MEETINGS, AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Owen, the
Council voted five (5) for and two (2) opposed with Councilmembers Petty and Falk casting the
negative votes to approve and adopt Resolution No. 1988-9-0](R) as previously captioned. The
motion carred.
25. Calendar.
• September 17 TRIAD Meeting/6:00 p.m /Allen Public Library Meeting Room
• October 26-27—City of Allen Haunted House and Booville/5-11 p.m./Joe Farmer Recreation
Center
• November 23 -January 11—Northern Lights Program
• November 27—Boards and Commissions Dinner/EI Dorado Country Club
• November 28-30—Texas Municipal League Conference (TML)/Houston
• November 30—Chnstmas Tree Lighting/7-9 p.m /City Hall Complex
• December 1 --Rudolph Run/8-10 a.m./Allen Senior Citizen Center
• December 5-8—National League of Cities/Atlanta, GA
26. Items of Interest.
The regular session recessed at 9:00 p.m.
In accordance with The Texas Local Government Code, Legal, Section 551 071, Property, Section 551.072,
Personnel, Section 551.074; Staff Presentations, Section 551.075; the Allen City Council convened into
Executive Session at 9:14 p.m. on Thursday, September 6, 2001, in the Council Conference Room, Allen Civic
Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to:
• Property—Consider Sale of City -owned Property Located in the 300 Block of East McDermott Drive
• Property—Consider Purchase of Lot 9D, IOD of Block D on St. Mary Drive
The Executive Session adjourned at 9:33 p.m. on Thursday, September 6, 2001.
27. Reconvene and Consider Action on Items Discussed during Executive Session.
P,
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 6, 2001
PAGE
The Allen City Council reconvened into regular session at 9:35 p.m. on Thursday, September 6, 2001,
in the Council Chambers of the Allen City Hall. The following action was taken on items discussed
during Executive Session:
• Property—Consider Sale of City -owned Property Located in the 300 Block of East McDermott
Drive
• Property—Consider Purchase of Lot 9D, 10D, Block D, Old Donation, on St. Mary Drive
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed, to authorize the City Manager to negotiate a
contract to purchase Lot 9D, IOD, Block D, Old Donation, on St. Mary Drive. The motion
carried.
Adjourn
MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Bartlemay, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 9:37 p.m. on Thursday, September 6, 2001 The motion carred.
These minutes approved on the 20" day of September, 2001.
ATTEST:
Judy Morrison, CMC/AAE, CITY SECRETARY
APPROVED:
'4a?� 2
Stephen Terrell, MAYOR