Min - City Council - 2002 - 07/23 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JULY 23, 2002
Present
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Oberrneyer
Bill Petty
Susan Bartlemay
Jeff McGregor
City Staff:
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:24 p.m. on Tuesday, July 23, 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
• Introduction of Chief William "Bill" Hawley
• Briefing Regarding the Arts of Collin County (Performing Arts Center)
Pledee of Alleeiance
Citizens' Comments.
• Mr. John Cahill, 633 Valley View Drive, Allen, Texas, requested that funding for the Arts
Community Project be revised to provide that each city's contribution be based on its population
rather than dividing the cost equally between all municipalities.
• Mr. Doug Gallagher, 204 Glenwick Place, Allen, Texas, suggested that Allen consider
contributing to the Samaritan hm in McKinney Regarding the Arts Project, he requested that the
concept of each city sharing equally be thoughtfully considered and recommended each city's
/i share be considered on the "build -out" population or land size pro -rata. He requested that the
Lelection considering this matter be held in November rather than a special election date.
Peter H Vargas, City Manager
Judy Morrison, City Secretary
Peter G. Smith, Attorney
Call to Order and Announce a Oui rum 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 7:24 p.m. on Tuesday, July 23, 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
• Introduction of Chief William "Bill" Hawley
• Briefing Regarding the Arts of Collin County (Performing Arts Center)
Pledee of Alleeiance
Citizens' Comments.
• Mr. John Cahill, 633 Valley View Drive, Allen, Texas, requested that funding for the Arts
Community Project be revised to provide that each city's contribution be based on its population
rather than dividing the cost equally between all municipalities.
• Mr. Doug Gallagher, 204 Glenwick Place, Allen, Texas, suggested that Allen consider
contributing to the Samaritan hm in McKinney Regarding the Arts Project, he requested that the
concept of each city sharing equally be thoughtfully considered and recommended each city's
/i share be considered on the "build -out" population or land size pro -rata. He requested that the
Lelection considering this matter be held in November rather than a special election date.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 23, 2002
PAGE
• Mr. Wayne Armand, 600 Spring Willow Drive, Allen, Texas, requested that the City participate
in funding for the Samaritan Inn.
• Presentation of the New Five -Year Work Program of the Allen Community Development
Corporation (CDC) and Projects Approved for FY 2002-03
• Presentation by Chief William S. Rushing and SRO Carl Osborn Regarding the Model SRO
(School Resource Officer) Agencv Award.
Consent Agenda
MOTION: Upon a motion made by Mayor Pro Tem Fulk 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:
2. Approve Minutes of the July 9, 2002, Regular Meeting.
3. Authorize Execution of Two Real Estate Contracts with Carl R and Mary M. Gilliland and the
Carl R. and Mary M. Gilliland Living Trust for the Purchase of Properties at the Following
Locations:
• 100 Coats Drive
• 104 Coats Drive
Council authorized the City Manager to enter into a contract with Carl R. and Mary M. Gilliland and
the Carl R. and Mary M. Gilliland Living Trust for the purchase of the properties located at 100 and
104 Coats Drive in the amount of $178,000 plus related closing costs for the location of the new
central library and civic auditorium.
4. Authorize Execution of a Facilities Agreement with Fairview Baptist Church with Regard to
Offsite Infrastructure Improvements.
Council authorized the City Manager to execute the facilities agreement with Fairview Baptist
Church with regard to the off-site improvements.
5. Award Bid and Authorize Execution of a Construction Contract with Camino Construction,
Inc., the Lowest and Best Bidder, for an Amount not to Exceed $280,727.35 for the
Improvements on Ash Drive and Establish a Total Project Budget of $351,800.
Council authorized the City Manager to execute a contract with Camino Construction, Inc., the best
bidder, for the construction of the Ash Drive Improvements for an amount not to exceed $280,727.35
and establish a total project budget of $351,800.
6. Receive the Proposed City Budget for Fiscal Year 2002-2003.
7. Receive the Five -Year Capital Improvement Program.
8. Receive the Quarterly Financial Report for the Period Ending June 30, 2002.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 23, 2002 PAGE 3
9. Receive the Quarterly Investment Report for the Period Ending June 30, 2002.
10. Receive the CIP (Capital Improvement Program) Status Report.
The motion carred.
Reeular Aeenda
11. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from R-2,
R-3, R-4 Residential, TH-Townhome, and LR-Local Retail to R-2 and R-5 Residential, and LR-
Local Retail on 76± Acres of Land Located at the Northeast Corner of Malone Road and
Bethany Drive.
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. 2071-7-02: 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 "LR" LOCAL RETAIL, "R-2" SINGLE -FAMILY
RESIDENTIAL, "R-3" SINGLE -FAMILY RESIDENTIAL, "R4" SINGLE -FAMILY
RESIDENTIAL, AND "TH" TOWNHOME RESIDENTIAL DISTRICT TO "R-T' — SINGLE
FAMILY RESIDENTIAL DISTRICT FOR 9 74± ACRES, "R-5" - SINGLE FAMILY
RESIDENTIAL DISTRICT FOR 58.8421 ACRES, AND "LR" —LOCAL RETAIL FOR 7 407±
ACRES, BEING A TOTAL OF 76.017± ACRES IN THE WILLIAM SNYDER SURVEY,
ABSTRACT NO. 821, 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
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 Bardemay and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to approve and adopt
Ordinance No. 2071-7-02 as previously captioned. The motion carred.
12. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from SC—
Shopping Center to Planned Development No. 90 for Shopping Center District Uses with Mini-
warehouses as an Additional Use on llf Acres of Land Located at the Northeast Corner of
Custer Road and Hedgcoxe Road.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
t request to do so.
f With no one speaking, Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 23, 2002
PAGE
ORDINANCE NO. 2073-7-02: 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. 90 FOR SHOPPING CENTER DISTRICT USES ON 11.0056+ ACRES OF LAND IN THE
GRIZZELL KENNEDY SURVEY, ABSTRACT NO. 499, 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 Stout and a second by Councilmember Obermeyer,
the Council voted six (6) for and one (1) opposed with Councilmember Petty casting the
negative vote, to approve and adopt Ordinance No. 2073-7-02 as previously captioned with
amendments pursuant to Staff and Planning & Zoning Commission recommendations. The
motion carried.
13. Conduct a Public Hearing and Adopt an Ordinance Amending Article III of the Allen Land
Development Code by Adopting the 2000 Edition of the International Energy Conservation
Code.
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. 2074-7-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
BY AMENDING ARTICLE II, BUILDING REGULATIONS BY ADOPTING THE
INTERNATIONAL ENERGY CONSERVATION CODE, WITH AMENDMENTS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000), AND PROVIDING FOR AN EFFECTIVE DATE,
MOTION: Upon a motion made by Mayor Pro Tem Folk and a second by Councilmember Oberineyer,
the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No.
2074-7-02 as previously captioned. The motion carred.
14. Adopt a Resolution Determining the Necessity for Acquisition of Seven Parcels of Land Along
Exchange Parkway between SH 5 and Angel Parkway and Authorize the City Manager and
the City Attorney to Initiate Eminent Domain Proceedings, if Necessary, for Acquisition of
these Properties.
RESOLUTION NO. 2075-7-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 23, 2002
PAGE
ACQUISITION OF THE PROPERTIES AS DESCRIBED IN EXHIBITS "A," `B," "C." "D," "E,"
"F," AND "G" ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS FOR STREET RIGHT-OF-WAY PURPOSES FOR THE WIDENING OF EXCHANGE
PARKWAY, AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT
DOMAIN TO ACQUIRE THE RIGHT-OF-WAY; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2075-7-02(R)
as previously captioned. The motion carried.
Other Business
15. Calendar.
• August 6/National Night Out -a number of neighborhood parties will be held throughout the City
• August 16 -18 -Council Budget Workshop
• August 27 -Public Hearing on Budget and Public Hearing on Tax Rate (if needed)
• September 5—TRIAD Meeting/6:00 p.m./Allen Public Library
16. Items of Interest.
Executive Session
The Executive Session was not held.
17. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councilmember Stout 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 9:01 p.m. on Tuesday, July 23, 2002. The motion carred.
These minutes approved on the 131h day of August, 2002.
APPROVED:
2 Lo- fj X
Stephenvrerrell, MAYOR
ATTEST:
`I Ji y Mo son, CMC/MMCA, CITY SECRETARY