Min - City Council - 2003 - 06/24 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JUNE 24, 2003
Present:
Stephen Terrell, Mayor
Councilmembers
Kenneth Fulk, Mayor Pro Tem (absent)
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City Staff
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, 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 7:10 p.m. on Tuesday, June 24, 2003, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop
included
• Discussion Regarding Development Issues Associated with the Central Business District (CBD)
• Briefing Regarding the Proposed Contract between the Arts of Collin County and Theater
Projects Consultants (TPC) for Continued Development of Site Selections and Pre -Design
Services
Pledge of Allegiance
Public Recognition
1. Citizens' Comments.
2. Mr. Gary Woodall, Warning Coordination Meteorologist with the National Weather Service,
will make a Presentation to the Mayor and Fire Marshall Craig Gillis in Recognition of the
E j City of Allen's National Weather Service StormReady Designation.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 24, 2003
PAGE
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 accept the National Weather Service
StormReady designation for the City of Allen. The motion carred.
Consent Aeenda
MOTION: Upon a motion made by Councilmember 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
3. Approve Minutes of the June 10, 2003 Regular Meeting.
4. Adopt a Resolution Authorizing the City Manager and City Attorney to Initiate Eminent
Domain Proceedings, if Necessary, for Acquisition of Property along East Bethany Drive
between Malone Road and FM 2551.
RESOLUTION NO. 2179-6-03(R1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE
ACQUISITION OF STREET RIGHT-OF-WAY FOR EAST BETHANY DRIVE AS DESCRIBED
IN EXHIBITS "A," "B," AND "C" ATTACHED HERETO, WITHIN THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS
IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-WAY; AND PROVIDING FOR AN
EFFECTIVE DATE.
5. Adopt a Resolution Authorizing Watershed Planning in the Rowlett Creek Watershed.
RESOLUTION NO. 2180-6-0301): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING WATERSHED PLANNING IN THE
ROWLETT CREEK WATERSHED; AND PROVIDING FOR AN EFFECTIVE DATE.
6. Authorize Execution of a Contract between the Arts of Collin County and Theater Projects
Consultants (TPC) for Continued Development of Site Selections and Pre -Design Services.
7. Accept Resignation from Michael Almassi, Alternate Place No. 2 of the Allen Board of
Adjustment.
8. Receive the Summary of Property Tax Collections as of May 2003.
9. Receive the CIP (Capital Improvement Program) Status Report.
The motion carred.
Reeular Aeenda
10. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning by
L Amending Tract No. 2 of Planned Development No. 55 for Garden Office and Retirement
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 24, 2003
I wax" *1
Center Uses to Allow a Day Care Center as a Permitted Use on 18± Acres of Land Located at
the Northwest Corner of Watters Road and Bethany Drive.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so
Randy Voss, 1003 Westwood Court, Allen, Texas, spoke in favor of the request.
With no one else speaking, Mayor Terrell closed the public hearing.
ORDINANCE NO. 2181-6-03: 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 FOR TRACT 2 OF PLANNED DEVELOPMENT NO. 55, ORDINANCE
NO. 1226-3-94, AS HERETOFORE AMENDED, TO INCLUDE DAY CARE CENTER AS A
PERMITTED USE FOR 18.6041± ACRES OUT OF THE MICHAEL SEE SURVEY, ABSTRACT
NO. 543 AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR A REPEALING CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE,
PROVIDING FOR 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 McGregor and a second by Councilmember
® Pacheco, the Council voted six (6) for and none (0) opposed to approve and adopt Ordinance
No. 2181-6-03 as previously captioned. The motion carried.
11. Conduct a Public Hearing and Adopt an Ordinance Approving Specific Use Permit No. 79 for
a Fueling Station on if Acres of Land Located at the Southwest Corner of SH 5 and 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. 2182-6-03: 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. 79 TO ALLOW A FUELING STATION SUBJECT TO SPECIAL
CONDITIONS FOR PROPERTY ZONED SC — SHOPPING CENTER AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN ATTACHED HERETO AS EXHIBIT `B"; 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
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 24, 2003
PAGE
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 approve and adopt Ordinance No.
2182-6-03 as previously captioned. The motion carried.
12. Adopt an Ordinance Amending the Code of Ordinances, Section 14-5, Water Service Charges,
to Set Rates for Water Service for Customers Residing Outside the City Limits.
ORDINANCE NO. 2183-6-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING SECTION 14-5 TO ESTABLISH RATES FOR NON RESIDENTS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND ($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.
2183-6-03 as previously captioned. The motion carried.
13. Adopt a Resolution Establishing a Policy and Setting Fees for Rental of the Allen Heritage
Center.
RESOLUTION NO. 2184-6-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING FEES FOR THE USE OF THE ALLEN
HERITAGE CENTER (TRAIN DEPOT); PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember
Pacheco, the Council voted six (6) for and none (0) opposed to approve and adopt Resolution
No. 2184-6-03(R) as previously captioned with the following amendments to Section 1.
" Business Hours After Hours Deposit
Non -Profit or LService Club (Allen Based) $20* $20* $100
Non -Profit or FResident $30/hour $50/hour $50/$100**
For Profit or Non -Resident $50/hour $70/hour $50/$100**
• Bat rate for 2 hour netted with one Year contract
•• Deposit of $100 for rental with food service and $50 for non-food service rental."
The motion carred.
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ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 24, 2003
Other Business.
14. Calendar.
• June 28 — Parade Sponsored by Kiwanis/10:00 a.m.
• June 28 –Allen USA Spectacular at Celebration Park/4:00 p.m
• July 4 – Allen City Facilities Closed in Observance of Independence Day
• August l5-17–Budget Workshop
15. Items of Interest.
Council received an update on the Allen USA Spectacular celebration scheduled for June 28ih
Executive Session
The Executive Session was not held.
16. Reconvene and Consider Action on Items Discussed during Executive Session.
PAGE
Adjourn
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyec,
the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen
City Council at 8:12 p.m. on Tuesday, June 24, 2003. The motion carred.
These minutes approved on the 8' day of Jam, 2003.
ATTEST:
Shelley B. George, TRMC, Cl'1'Y SECRETARY
0
APPROVED:
Stephen Terrell, MAYOR