Min - City Council - 2002 - 02/21 - RegularALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2002
Present:
Stephen Terrell, Mayor
Councilmembers
Melissa Owen, Mayor Pro Tem
Debbie Stout
Richard Buchanan
Bill Petty
Susan Bartlemay
Kenneth Fulk
City Staff
Peter H. Vargas, City Manager
7udy 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 7:06 p.m on Thursday, February 21, 2002, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop
included
• Update Regarding the Allen Economic Development Corporation Strategic Plan
• Update Regarding the SH 121 Corridor Committee Study
Items discussed in the February 16, 2002, Special Called Council Workshop included:
• Strategic Planning Workshop
Public Recomiition
1. Citizens' Comments.
2. Administer Oaths -of -Office and Present Certificates -of -Appointment to the Newly Appointed
Members of the Allen Arts Alliance Board.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2002
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Ms. Patrice Alessandra and Ms. Sandi Acheson, newly appointed members of the Allen Arts Alliance
Board, were unable to attend. Their Oaths -of -Office and Certificates -of -Appointment will be
administered at the next meeting of the Allen Arts Alliance Board. Ms. Alessandra's term expires
September 30, 2004, and Ms. Acheson's term expires September 30, 2003.
3. Presentation of Proclamations from the Office of the Mayor.
• Presentation of a Proclamation to City of Allen Engineers, John Baumgartner, Steve Massey, Chris
Flanigan, Dennis Abraham, Peter Tian, and Aaron Russell, Proclaiming the Week of February 17-
23, 2002, as National Engineers Week.
Presentation of a Proclamation to Tim Dealer, Assistant Parks Director, and Susan Campbell,
Urban Forester, Proclaiming February 23, 2002, as Arbor Day in the City of Allen.
MOTION: Upon a motion made by Councilmember Falk and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to approve and adopt the consent agenda as
follows:
4. Approve Minutes of the February 7, 2002, Regular Meeting.
5. Adopt a Resolution Authorizing Execution of an Interlocal Cooperation Agreement with Collin
County Community College District for a Route Specific Agreement to Install Facilities within
the Rights -of -Way to Provide Network Telecommunications Services to District Facilities.
RESOLUTION NO. 2027-2-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ALLEN,
TEXAS, AND COLLIN COUNTY COMMUNITY COLLEGE DISTRICT, CONCERNING A ROUTE
SPECIFIC AGREEMENT TO INSTALL FACILITIES WITHIN THE RIGHTS-OF-WAY TO
PROVIDE NETWORK TELECOMMUNICATIONS SERVICES TO DISTRICT FACILITIES;
AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE
DATE.
6. Adopt a Resolution Authorizing Execution of an Interlocal Cooperation Agreement between the
Cities of Frisco, McKinney, and Plano Concerning Consultant Services for a Collin County
Cultural Arts District.
RESOLUTION NO. 2028-2-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITIES OF ALLEN,
FRISCO, MCKINNEY, AND PLANO. TEXAS, CONCERNING CONSULTANT SERVICES FOR A
COLLIN COUNTY CULTURAL ARTS DISTRICT, AUTHORIZING ITS EXECUTION BY THE
CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
7. Authorize Execution of the Acknowledgment and Consent to Assignment of Amended and
Restated Tax Abatement Agreement in Reinvestment Zone #19 from Atlantic Financial Group,
Ltd., to Brazos Data Centers, L.P.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2002
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Council authorized the Mayor to execute the Acknowledgment and Consent to Assignment of Amended
and Restated Tax Abatement Agreement in Reinvestment Zone #19 from Atlantic Financial Group,
Ltd. to Brazos Data Center. LT
8. Award Bid and Authorize Execution of a Construction Contract with Dal-Ec. Construction, Ltd.,
the Lowest and Best Bidder, for an Amount not to Exceed $341,887.14 for the Installation of
Thoroughfare Lighting for Alma Drive, Exchange Parkway, Stacy Road, and Watters Road and
Re-establish the Project Budget at 5409,000.
Council authonzed the City Manager to execute a contract with Dal-Ec Construction, Ltd., the lowest
and best bidder, for the installation of thoroughfare lighting for Alma Drive, Exchange Parkway, Stacy
Road, and Watters Road for an amount not to exceed $341,887.14 and re-establish the protect budget at
$409,000.
Authorize Execution of Agreements of Acquisition of Right -of -Way for Utilities along Hedgcoxe
Road.
Council authorized the City Manager to execute real estate sales contracts for the acquisition of right-
of-way for future utilities and future widening of Hedgcoxe Road and establish a budget of $52,972 04
for this land acquisition.
10. Receive the Quarterly Investment Report for Period Ending December 31, 2001.
11. Receive the Quarterly Financial Report for Period Ending December 31, 2001.
12. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
13. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by Amending
Planned Development No. 69 to Allow Mini -Warehouses (Self Storage) as an Additional Use on
3t Acres of Land Located at the Southwest Corner of Stacy Road and Angel Parkway.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so.
Mr. Bill Grant, Oakmont Capital Group, 5700 Plano Parkway, Plano, Texas, proponent, spoke in favor
of the item. He noted that the general development plan attached to the proposed ordinance had been
updated and submitted to the Planning Department.
Mr. Mark Hawkins, 1716 River Oaks Drive, Allen, Texas, spoke in favor of the item. He expressed
support for the screening wall.
Mr. Ryan Betz, 3729 Manana, Dallas, Texas, requested large trees be planted along the southern wall to
buffer the adjoining residential neighborhood and a landscape buffer be installed along Angel Parkway
The following individuals spoke in opposition to the item expressing concems regarding lack of
notification of the zoning case before the Planning and Zoning Commission, the need for additional
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2002
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Elandscaping, safety of the residents and homes, effect on property values, potential criminal activities,
security issues, aesthetics of facility, number of storage facilities located on east side of Allen:
Mr. Lyle Wise, 8281 FM Road 134, Celina, Texas;
Ms. Joan Tober, 220 Horseshoe Bend, Fairview, Texas;
Mr. Richard Stomch, 1915 San Carlos Avenue, Allen, Texas;
Mr Dan Turner, 1907 Baltimore Drive, Allen, Texas,
Ms. Ellen Lux, 1916 Lorraine Avenue, Allen, Texas;
Mr. Frank Downing 1902 East Stacy Road, Allen, Texas;
Mr. Robert Sandoval, 1640 Lakeside Drive, Allen, Texas,
Ms. Carolyn Camp, 761 Timberwood, Fairview, Texas;
Mr. William Dufney, 1535 Oakmont Drive, Allen, Texas;
Ms Shannon Story, 1537 Vista Bend Drive, Allen, Texas;
Mr. Alex Kirk, 1226 Shenandoah Court, Allen, Texas;
Mr. Mark Gibson, 1728 River Oaks Drive, Allen, Texas; and,
Mr. Steve Mikus, 1632 Branch Creek Drive, Allen, Texas.
The following individuals did not speak but registered opposition to this request:
Mr. Brian Cooper, 1700 Versailles Avenue, Allen, Texas,
Ms. Yvette Thierry, 1700 Versailles Avenue, Allen, Texas;
Mr. Joseph Malady, 1541 Vista Bend Drive, Allen, Texas;
Ms. Ahsa Brookins, 170 Horseshoe Bend, Fairview, Texas;
Mr. Shimko Carson, 1705 River Oaks, Allen, Texas, and,
Ms. Barbara Bailey, 461 Palomino Way, Fairview, Texas.
With no one else speaking, Mayor Terrell closed the public hearing
MOTION: Upon a motion made by Councdmember Petty and a second by Councilmember Buchanan, the
Council voted four (4) for and three (3) opposed with Mayor Terrell, Mayor Pro Tem Owen
and Councilmember Stout casting the negative votes, to deny the request The motion carred.
The intent of the motion was denied without prejudice.
14. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by Approving
Planned Development No. 89 to Allow Mini -Warehouses (Self Storage) as an Additional Use on
8t Acres of Land Located South of Main Street and East of Jupiter Road.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so.
Ms. Melanie Jones, 1323 Rocky Creek Lane, Allen, Texas, proponent, questioned the locations of the
left hand tum accesses adjacent to her property.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2029-2-02: 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 FROM "SC" — SHOPPING CENTER TO PLANNED DEVELOPMENT NO.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2002
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89 FOR SHOPPING CENTER DISTRICT USES FOR 8.029± ACRES OF LAND IN THE DAVID
WETSEL SURVEY, ABSTRACT NO. 977, CITY OF ALLEN, COLLIN COUNTY, TEXAS AND
BEING FURTHER DESCRIBED IN EXHIBIT "A", PROVIDING FOR THE APPROVAL OF A
CONCEPT PLAN ATTACHED AS EXHIBIT 'B"; PROVIDING FOR DEVELOPMENT
CONDITIONS; 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.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Owen, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No 2029-2-
02 as previously captioned, with the following revisions to the concept plan 1) the left tum
lane on the western entrance of this property is to coincide with the Lowery Center; 2) the left
hand turn lane on the far eastern property is to be relocated in accordance with the Engineering
Department's recommendation; and, 3) Proponent is to install landscaping across the front of
property The motion carried.
15. Conduct a Public Hearing and Adopt an Ordinance Establishing Zoning on 212± Acres of Land
Being 20± Acres for R-5 Residential, 52± Acres for R-6 Residential, 39± Acres for R-7
Residential, 9± Acres for TH-Townhome, 53± Acres for MF -18 Multi -family, and 38± Acres for
CC -Corridor Commercial on Property Located West of US 75 and South of Stacy Road.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
o do so.
Mr. Doug Gallagher, 204 Glenwick Place, Allen, Texas, stated his agreement with Council reviewing
the property according to the Comprehensive Plan.
Council requested staff to provide revised tables to reflect consistency between the Comprehensive
Plan and the tables included with this zoning request.
MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to continue consideration of this request until
the March 7, 2002 Council meeting. The motion carred.
Mayor Pro Tem Owen raised the point of order that the Council Rules and Procedures handbook,
Section 3.6 Standard Adjournment, provides for Council to adjourn its meetings at 11. 30 p.m. unless a
majority of the Council votes to continue beyond that time.
MOTION: Upon a motion made by Counmlmember Bartlemay and a second by Mayor Pro Tem Owen, the
Council voted seven (7) for and none (0) opposed to continue the Council Meeting until
midnight. The motion carried.
16. Conduct a Public Hearing Concerning the Allen Streetscape Image Study.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request
to do so.
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2002
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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 continue consideration of this request until
the March 7, 2002 Council meeting. The motion carried.
17. Adopt an Ordinance Establishing a Code of Conduct for City of Allen Public Officials.
ORDINANCE NO. 2030-2-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES TO ADD ARTICLE VIII, PROVIDING A CODE OF CONDUCT FOR PUBLIC
OFFICIALS, BY AMENDING CHAPTER 2 TO ADD ARTICLE IX BOARDS AND COMMISSION,
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 Mayor Pro Tem Owen, the
Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No. 2030-2-
02 as previously captioned. The motion earned.
18. Update by Marina Sukup, Director of Planning and Development, Regarding the Citizen Survey
for Updating the City of Allen's Comprehensive Plan.
Other Business
1 19. Calendar
• February 23—Annual Police Awards Banquet/6:30 p.m./El Dorado
• March 8—VIP Grand Opening of Smithsonian Exhibit/7:30 p m./Allen Public Library
• March 9 -April 14 --.Smithsonian Exhibit/Listening to the Prairie. Fanning in Nature's
Image/Allen Public Library
• April 5—City of Allen's First Annual Food Affau/5:30-8'30 p.m /Downtown Allen
• April 20 -Great American Trash-Off/8:00 ami - 1:00 p.m./Watters Road at Ramtree Circle
20. Items of Interest.
Executive Session
The Executive Session was not held.
21. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Mayor Pro Tem Owen and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 11:50 p.m. on Thursday, February 21, 2002. The motion carried.
I
ALLEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2002
These minutes approved on the 7' day of March, 2002.
/V 00*1A
Jamworribhl CMC/AAE, CITY SECRETARY
I
L
APPROVED:
Stephen Terrell, MAYOR
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