Min - City Council - 2002 - 10/22 - RegularALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 22, 2002
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Bill Petty (absent)
Susan Bartlemay
Jeff McGregor
City Stall:
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7.01 p.m. on Tuesday, October 22, 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 Heritage Center (The Train Depot) and Celebration Park.
Pledge of Allegiance
1. Citizens' Comments.
2. Recognition of an Award from the Texas Chapter American Planning Association for the Six -
Cities Trail Plan as Presented by Gary Caplinger, Chair of the Planning & Zoning Commission,
who Received the Award in EI Paso on behalf of the City.
3. Presentation of the "WAVE Agency of the Year" Award from Pat Hickman, Representative
from the Texas Department of Transportation, and Mitch Landry, Representative from the
Texas Municipal Police Association.
4. Recognition of the Purchasing Division as the Recipient of the "Achievement of Excellence in
Procurement" Award.
Peter H. Vargas, City Manager
Judy Morrison, City Secretary
Peter G. Smith, 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 7.01 p.m. on Tuesday, October 22, 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 Heritage Center (The Train Depot) and Celebration Park.
Pledge of Allegiance
1. Citizens' Comments.
2. Recognition of an Award from the Texas Chapter American Planning Association for the Six -
Cities Trail Plan as Presented by Gary Caplinger, Chair of the Planning & Zoning Commission,
who Received the Award in EI Paso on behalf of the City.
3. Presentation of the "WAVE Agency of the Year" Award from Pat Hickman, Representative
from the Texas Department of Transportation, and Mitch Landry, Representative from the
Texas Municipal Police Association.
4. Recognition of the Purchasing Division as the Recipient of the "Achievement of Excellence in
Procurement" Award.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 22, 2002 PAGE 2
1 5. Presentation of Proclamations by the Office of the Mayor.
• Presentation of a Proclamation to Sharon Mayer, President, and Izzie Waller, Executive
Committee Chair, of the Allen Chamber of Commerce Proclaiming October 21 through 25,
2002, as Chamber of Commerce {Peek
• Presentation of a Proclamation to Donna Kliewer, Recycling Coordinator, Proclaiming
November 9, 2002, as Texas Recycles Day in the City of Allen.
6. Presentation Regarding the Texas Recycles Day Event Scheduled for November 9, 2002.
Consent Agenda
MOTION: Upon a motion made by Councdmember Stout and a second by Councilmember Bartlemay,
the Council voted six (6) for and none (0) opposed to approve and adopt the consent agenda
as follows:
Approve Minutes of the October 8, 2002, Regular Meeting.
8. Adopt a Resolution Authorizing the City Manager to Enter into a Police Department Inter -
Jurisdictional Pursuit Policy Agreement.
RESOLUTION NO. 2103-10-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INTER -JURISDICTIONAL POLICY PURSUIT AGREEMENT WITH OTHER UNITS
OF LOCAL GOVERNMENT, AND PROVIDING AN EFFECTIVE DATE.
Adopt a Resolution Authorizing the City Manager to Enter into a Greater Dallas -Fort Worth
Regional Law Enforcement Interlocal Assistance Agreement.
RESOLUTION NO. 2104-10-02(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A
REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH
OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PROVIDING AND
RECEIVING LAW ENFORCEMENT ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE.
10. Award Bid and Authorize Execution of a Construction Contract with Roadway Solutions, Inc.
for the Installation of Traffic Signals at the Intersections of Bethany Drive/Alma Drive and
Bethany Drive/Cheyenne Drive.
Council authorized the City Manager to execute a contract with Roadway Solutions, Inc. for the
installation of traffic signals at the Bethany Drive/Cheyenne Drive and Bethany Drive/Alma Drive
intersections for an amount not to exceed $129,745 and set a project budget at $165,040.
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ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 22, 2002
PAGE
it. Award Bid and Authorize Execution of a Construction Contract with Underground Utility
Specialists, Inc. for the Cottonwood Creek 24" Sanitary Sewer Project and Establish a Project
Budget of $895,000.
The Council authorized the City Manager to execute a contract with Underground Utility Specialists,
Inc. for the construction of the Cottonwood Creek 24" Sanitary Sewer Project for an amount not to
exceed $693,195.66 and establish a project budget of $895,000.
12. Declare a Vacancy in Place No. 2 of the Keep Allen Beautiful Board.
13. Receive the Summary of Property Tax Collections as of September 2002.
14. Receive the CIP (Capital Improvement Program) Status Report.
The motion carred.
Regular Agenda
15. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning in Planned
Development No. 67 from "SC" -Shopping Center to "TH"-Townhome on 123 Acres of Land
Located South of Ridgeview Drive between Twin Creeks Drive (CR 146) and Alma Drive.
® Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
E-9 request to do so
Mark Hembree, 1336 Kingsley, Allen, Texas, questioned the location of the alley for the townhouse
property Staff reported that the alley would be directly adjacent to the residential easement.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2105-10-02: 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, TO GRANT A
CHANGE OF ZONING BY AMENDING PLANNED DEVELOPMENT NO. 67, ORDINANCE
NO. 1609-7-98, BY CHANGING THE ZONING FROM "SC" SHOPPING CENTER TO "TH"
TOWNHOME ON 12.120± ACRES OF LAND IN THE J. W PARSONS SURVEY, ABSTRACT
NO. 705, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT
PLAN ATTACHED AS EXHIBIT 'B"; PROVIDING A SAVINGS CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABB-ITY 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 Mayor Pro Tem Fulk and a second by Councilmember McGregor,
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No.
2105-10-02 as previously captioned, with a revision to eliminate the alley on the southwest
comer accessing Twin Creeks Drive The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 22, 2002
PAGE
16. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning in Planned
Development No. 61 from "B^ -Residential to "SC" -Shopping Center on 3t Acres of Land
Located South of Stacy Road and East of Angel Parkway.
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. 2106-10-02: 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, TO GRANT A
CHANGE OF ZONING BY AMENDING PLANNED DEVELOPMENT NO. 61, ORDINANCE
NO. 1507-7-97, BY CHANGING THE ZONING FROM SINGLE-FAMILY R-5 TO SHOPPING
CENTER ON 3 4007± ACRES OF LAND IN THE J. J. MILLER SURVEY, ABSTRACT NO. 609,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT
PLAN ATTACHED AS EXHIBIT 'B"; 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 Councilmember Stout,
the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance No.
2106-10-02 as previously captioned. The motion carred.
17. Conduct a Public Hearing and Adopt an Ordinance Amending Planned Development No. 54,
Tract 13, to Allow Neighborhood Self -storage on 4± Acres of Land Located East of the
Northeast Corner of McDermott Drive and Alma 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. 2107-10-02: 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, TO AMEND
ORDINANCE NO. 1172-5-93, AS AMENDED, FOR 4 975± ACRES OF LAND IN PLANNED
DEVELOPMENT NO. 54, TRACT 13, LOCATED IN THE CATHERINE PARSONS SURVEY,
ABSTRACT NO. 711, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, TO ADD NEIGHBORHOOD SELF
STORAGE AS AN ADDITIONAL PERMITTED USE; PROVIDING FOR THE APPROVAL OF A
CONCEPT PLAN ATTACHED AS EXHIBIT `B"; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABH,ITY CLAUSE; PROVIDING
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 22, 2002 PAGE 5
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 none (0) opposed to approve and adopt Ordinance No.
2107-10-02 as previously captioned, with a revision to include the setback to be generally
aligned with the neighboring buildings. The motion carried.
18. Conduct a Public Hearing and Consider an Ordinance Establishing Specific Use Permit No. 93
for Outdoor Storage on 13t Acres of Land Located at the Northeast Corner of Exchange
Parkway and US 75.
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.
Councilmember Bartlemay stepped down from the Council Bench.
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember McGregor,
the Council voted five (5) for and none (0) opposed to deny the Specific Use Permit for the
Cornerstone Crossing building located at the northeast comer of US 75 and Exchange
Parkway. The motion carred.
Councilmember Bartlemay returned to the Council Bench.
19. Adopt an Ordinance Approving the Establishment of a Public, Education, and Government
Access Channel (PEG) Support Charge to Authorize a Separate Pass-Tbrough Fee.
ORDINANCE NO. 2108-10-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A PUBLIC, EDUCATION, AND
GOVERNMENT ACCESS CHANNEL SUPPORT CHARGE; AUTHORIZING A SEPARATE
PASS-THROUGH FEE TO REFLECT THE PUBLIC, EDUCATION, AND GOVERNMENTAL
ACCESS CHANNEL SUPPORT CHARGE; PROVIDING FOR A SEVERABILITY CLAUSE,
PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
McGregor, the Council voted six (6) for and none (0) opposed to approve and adopt
Ordinance No. 2108-10-02 as previously captioned. The motion camed.
20. Consider Making an Appointment to Fill a Vacancy in Place No. 2 of the Keep Allen Beautiful
Board.
MOTION: The Council voted six (6) for and none (0) opposed to approve the Nominating Committee's
recommendation as follows for appointment in Place No 2 of the Keep Allen Beautiful
Board
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 22, 2002
Keep Allen Beautiful Expiration Date
Place No. 2 - Ron Wheless September 30, 2004
The motion carred.
21, Calendar.
• November 5—Election Day
• November 5—Open House for the Police Department/4:00 p.m. – 7:00 p.m.
22. Items of Interest.
The regular session recessed at 8.56 p.m.
Executive Session
PAGE
In accordance with the Texas Government Code, Legal, Section 551.071, Property, Section 551072;
Personnel, Section 551074; Staff Presentations, Section 551075; the Allen City Council convened into
Executive Session at 9 14 p.m. on Tuesday, October 22, 2002, in the Council Conference Room, Allen Civic
Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to:
• Legal–Pursuant to Section 551 071 of the Texas Government Code—
Public Utility Commission Docket No. 25429, SOAR Docket No 473-02-1833/Appeal of Oncor of
City of Allen Ordinances
• Legal–Pursuant to Section 551.071 of the Texas Government Code—
Consultation with City Attorney Regarding Public Utility Commission Docket No. 26189/Appeal of
Reliant Resources, Inc. of City of Allen Ordinance No. 2053-6-02, SOAH Docket No. 473-02-3892
The Executive Session adjourned at 9:20 p.m. on Tuesday, October 22, 2002.
23. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 9:24 p.m. on Tuesday, October 22, 2002,
in the Council Chambers of the Allen City Hall. No action was taken on items discussed during
Executive Session.
Adjourn
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember Stout,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
LCity Council at 9:24 p.m. on Tuesday, October 22, 2002. The motion carred.
ALLEN CITY COUNCIL
REGULAR MEETING
OCTOBER 22, 2002 PAGE 7
IThese minutes approved on the 121h day of November, 2002.
ATTEST:
J y Morr o, CMC/MMCA, CITY SECRETARY
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APPROVED:
Stephen Terrell, MAYOR