Min - City Council - 2003 - 12/09 - RegularALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 9, 2003
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 17 p.m on Tuesday, December 9, 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
• Introduction of Gary Caplinger, Chair of the Planning and Zoning Commission
• Review of the Programming for the Senior Citizens Center
Update on Proposed Development by Blue Star Development
Pledee of Alleeiance
Public Recognition
1. Citizens' Comments.
Don Jacoby, 913 Carnegie, Allen, Texas, remarked on the elevated foreclosure rates in Collin County,
high taxes on homes in Allen, and encouraged a reduction in taxes by being creative such as using
volunteers to mow parks
Robin Lauden, 413 Fox Trail, Allen, Texas, a member of Toastmasters, spoke against the proposed
resolution changing the Library meeting room policies.
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
Citv Staff;
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Peter G. Smith, City 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 17 p.m on Tuesday, December 9, 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
• Introduction of Gary Caplinger, Chair of the Planning and Zoning Commission
• Review of the Programming for the Senior Citizens Center
Update on Proposed Development by Blue Star Development
Pledee of Alleeiance
Public Recognition
1. Citizens' Comments.
Don Jacoby, 913 Carnegie, Allen, Texas, remarked on the elevated foreclosure rates in Collin County,
high taxes on homes in Allen, and encouraged a reduction in taxes by being creative such as using
volunteers to mow parks
Robin Lauden, 413 Fox Trail, Allen, Texas, a member of Toastmasters, spoke against the proposed
resolution changing the Library meeting room policies.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 9, 2003 PAGE 2
1 2. Presentation of Proclamations by the Office of the Mayor:
Presentation of a Proclamation to Representatives of the Lady Eagles Volleyball Team
Proclaiming December 9, 2003, as Ladv Eagles Volleyball Day.
Presentation of a Proclamation to Representatives of the Police Department Proclaiming the
Weeks of December 19, 2003, through January 4, 2004, as You Drink and Drive. You Lase
3. Gary Caplinger, Chair of the Planning and Zoning Commission, will present the Planning and
Zoning Commission's Annual Report.
4. Recognition of the Engineering Department as the Recipient of the Dallas Regional Mobility
Coalition (DRMC) Travel Demand Management Award for 2003.
5. Recognition of the Parks and Recreation Department as the Recipient of Three 2003 Texas
Recreation and Parks Society Region II and III Conference Awards:
Honzons Award Presented to Adult Athletics Coordinator William Mitchell
Honors for Best Promotional Efforts Related to the Allen USA Spectacular Presented to
Marketing Coordinator Teresa Warren
Best Web Site Design Award Presented to Marketing Coordinator Teresa Warren
Consent Aeenda
City Manager Vargas requested the following item be removed from the consent agenda:
7. Motion to Cancel the December 23, 2003, City Council Meeting.
Councdmember McGregor requested the following item be removed from the consent agenda:
9. Adopt a Resolution Approving the Amendments to the Library Meeting Room Policy.
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 all remaining
items on the consent agenda as follows:
6. Approve Minutes of the November 25, 2003, Regular Meeting.
S. Adopt an Ordinance Establishing Maximum Permitted Basic Service and Equipment and
Installation Rates that Comcast may charge its Allen Cable TV Customers.
ORDINANCE NO. 2240-12-03: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING MAXIMUM PERMITTED RATES THAT
COMCAST CABLE SERVICES MAY CHARGE ITS ALLEN CABLE TELEVISION
SUBSCRIBERS FOR PROGRAMMING COSTS, EQUIPMENT AND INSTALLATION; FOR
r ORDERING REFUNDS, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 9, 2003 PAGE 3
10. Authorize Execution of the First Amendment to the Interlocal Cooperation Agreement with the
Allen Independent School District Regarding Insurance Coverage for the Don Rodenbaugh
Natatorium.
Council authorized the City Manager to execute the First Amendment to the Interlocal Cooperation
Agreement with the Allen Independent School District regarding insurance coverage for the Don
Rodenbaugh Natatorium
it. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with the East Texas
Medical Center with Regards to the 800 MHz Trunked Radio System Owned by the Cities of
Allen, Plano, and Frisco.
RESOLUTION NO. 2242-12-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ATTACHED INTERLOCAL COOPERATION AGREEMENT BY AND AMONG THE
CITIES OF ALLEN, FRISCO, AND PLANO, WITH THE EAST TEXAS MEDICAL CENTER
FOR THE USE OF THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN,
FRISCO, AND PLANO: AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT
BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
12. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with Collin County
Concerning Partial Funding for the Widening of East Bethany Drive from IIS 75 to Allen
Heights Drive.
RESOLUTION NO. 2243-12-03(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
COLLIN COUNTY, TEXAS, CONCERNING PARTIAL FUNDING FOR THE WIDENING OF
EAST BETHANY DRIVE; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND
PROVIDING AN EFFECTIVE DATE
13. Adopt a Resolution Authorizing Execution of an Interlocal Agreement with Collin County
Concerning Partial Funding for the Reconstruction of Main Street from Allen Heights Drive to
Angel Parkway.
RESOLUTION NO. 2244-12-03(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
COLLIN COUNTY, TEXAS, CONCERNING PARTIAL FUNDING FOR THE RECONSTRUCTION
OF MAIN STREET, AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND
PROVIDING AN EFFECTIVE DATE.
14. Adopt a Resolution Authorizing the City Manager and the City Attorney to Initiate Eminent
Domain Proceedings, if Necessary, for the Acquisition of Certain Portions of Right -of -Way on
Main Street from Allen Heights Drive to Angel Parkway.
RESOLUTION NO. 2245-12-03(Rl: 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 MAIN STREET AS DESCRIBED IN
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 9, 2003
PAGE 4
THE EXHIBITS 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.
15. Adopt a Resolution Supporting Submission of an Application to North Central Texas Council
of Governments for Education Specialist Project Funding.
RESOLUTION NO. 2246-12-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE FILING OF A PROJECT
APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
(NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING
THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, IN ALL MATTERS RELATED TO THE APPLICATION; PLEDGING THAT IF A
PROJECT IS RECEIVED THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, WILL COMPLY
WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY (TCEQ) AND THE STATE OF TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
16. Adopt a Resolution Supporting Submission of an Application to North Central Texas Council
of Governments for Grapple Truck Project Funding.
RESOLUTION NO. 2247-12-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE FILING OF A PROJECT
APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
(NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT, AUTHORIZING
THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, IN ALL MATTERS RELATED TO THE APPLICATION; PLEDGING THAT IF A
PROJECT IS RECEIVED THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, WILL COMPLY
WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON
ENVRIONMENTAL QUALITY (TCEQ) AND THE STATE OF TEXAS, AND PROVIDING AN
EFFECTIVE DATE.
17. Reject Bid for the Purchase and Delivery of Topsoil for Story Park.
18. Accept Resignation from Ms. Jennifer Kiser, Place No. 3 of the Allen Arts Alliance and Declare
a Vacancy.
19. Receive Quarterly Financial Report for the Period Ending September 30, 2003.
20. Receive Quarterly Investment Report for the Period Ending September 30, 2003.
21. Receive the Summary of Property Tax Collections as of October 2003.
The motion carred.
9
7. Motion to Cancel the December 23, 2003, City Council Meeting.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 9, 2003
PAGE 5
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 table discussions regarding this item
until after the regular meeting is reconvened from the Workshop continuance. The motion
carried.
Adopt a Resolution Approving the Amendments to the Library Meeting Room Policy.
RESOLUTION NO. 2241-12-03(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING RESOLUTION NO. 1989-9-01(X),
ESTABLISHING A POLICY GOVERNING THE USE OF THE LIBRARY MEETING ROOM BY
MEMBERS OF THE PUBLIC AND LOCAL ORGANIZATIONS; ESTABLISHING A DEPOSIT
FOR SUCH USE; DELINEATING RULES AND RESPONSIBILITIES, PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember McGregor and a second by Mayor Pro Tem Fulk
Council voted seven (7) for and none (0) opposed to approve and adopt Resolution
No. 2241-12-03(R) as previously captioned. The motion carred.
Reeular Aeenda.
22. Conduct a Public Hearing and Adopt an Ordinance Granting Specific Use Permit (SUP) No. 95
for a Restaurant/Private Club for 0.4t Acres of Land Located at 103 W. Belmont 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. 2248-12-03: 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. 95 FOR A RESTAURANT WITH PRIVATE CLUB FOR
PROPERTY ZONED CENTRAL BUSINESS DISTRICT — OFFICE/RETAIL, DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS, PROVIDING
FOR APPROVING OF THE FLOOR PLAN AND SITE PLAN ATTACHED HERETO AS
EXHIBITS "B" AND "C" RESPECTIVELY, 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 Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No.
2248-12-03 as previously captioned. The motion carred.
Eli 23. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning on 2f Acres
of Land from "AO" Agriculture Open Space to "PD -54^ Planned Development District No. 54
Single Family Residential Located Southwest of the Extension of West Exchange Parkway.
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 9, 2003
PAGE 6
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. 2249-12-03: 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 FROM "AO" - AGRICULTURE -OPEN SPACE DISTRICT TO "PD -54"
— SINGLE FAMILY RESIDENTIAL DISTRICT 2.555+ ACRES IN THE MARY STANDIFER
SURVEY, ABSTRACT NO. 812, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING
DEVELOPMENT CONDITIONS, PROVIDING FOR THE APPROVAL OF THE CONCEPT
PLAN ATTACHED AS EXHE31T "B", 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 McGregor and a second by Mayor Pro Tem Fulk,
the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No.
2249-12-03 as previously captioned The motion carried.
24. Conduct a Public Hearing and Adopt an Ordinance Granting a Change to the Approved
Concept Plan on 10± Acres of Land from "PD -84" Planned Development District No. 84 for
Multi -Family Residential Uses to Allow for the Development of Apartment Units for Senior
Residents on Property Located Northeast of SH 5 and Chaparral Road.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Max Hatfield, 611 Hillcrest, spoke on behalf of the adjoining property owners. He expressed support
for the project.
With no one else speaking, Mayor Terrell closed the public hearing
ORDINANCE NO. 2250-12-03: 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
AMENDING PLANNED DEVELOPMENT NO. 84 ON 10 982± ACRES OF LAND, MORE OR
LESS LOCATED IN THE MC BAIN JAMESON SURVEY, ABSTRACT NO. 491, CITY OF
ALLEN, COLLIN COUNTY, TEXAS AND BEING FURTHER DESCRIBED IN EXHIBIT "A", BY
REPLACING THE EXISTING CONCEPT PLAN WITH THE REVISED CONCEPT PLAN FOR
THE SOUTHERN 10.982+ ACRES OF PLANNED DEVELOPMENT NO. 84, ATTACHED
HERETO 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
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 9, 2003
PAGE
MOTION: Upon a motion made by Mayor Pro Tem Falk and a second by Councdmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No
2250-12-03 as previously captioned with an amendment to the Concept Plan setting the
setbacks at 100 feet as defined by the Land Development Code and with the addition to add
item "I" to the development regulations for PD 84 to read as follows: -L Use regulations for
the southern 10.982± acres is restricted to Multi -Family (MF) use for residents aged 55 years
of age or older in accordance with the Federal Fair Housing Act " The motion carred.
25. Consider Making an Appointment to Fill a Vacancy on the Allen Arts Alliance.
MOTION: Upon the recommendation of the Nominating Committee, the Council voted seven (7) for
and none (0) opposed to appoint Milt Haws to complete the unexpired term in Place No. 3 of
the Allen Arts Alliance and set a term expiration date of September 30, 2005 The motion
carred
Other Business.
26. Calendar.
• December 10 — Annual Board Appreciation Dinner/Hilton Garden Inn/6:30 p.m
• December l0-4A/4B Training/Texas Economic Development Council/Arlington
December 24-25 — Winter Holidays/City Facilities Closed
January 1, 2004 — New Year's Day/City Facilities Closed
January 24 — Celebrate Allen i "An Affair to Retneniber"/Chamber of Commerce
• January 31 — Council/Staff Strategic Planning Session/Hilton Garden Inn/8 a in. – 5 p.m.
27. Items of Interest.
The Council congratulated the Allen Eagles Varsity Football Team on reaching the State Championship
Semi -Finals The game is scheduled for Saturday at 4.00 p.m.
The regular session recessed at 9 12 p.m.
The Allen City Council reconvened into the workshop session at 9 16 p.m
Continued - Update on Proposed Development by Blue Star Development
The workshop session adjourned at 10:25 p.m. on Tuesday, December 9, 2003.
Executive Session
In accordance with the Texas Government Code, Legal, Section 551.071; Property, Section 551.072,
Personnel, Section 551074; Staff Presentations, Section 551075; the Allen City Council convened into
Executive Session at 10:31 p.m, on Tuesday, December 9, 2003, in the Council Conference Room, Allen
Civic Plaza, 305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to:
Property - Pursuant to Section 551.072 of the Texas Government Code – Purchase of Real Property
ALLEN CITY COUNCIL
REGULAR MEETING
DECEMBER 9, 2003 PAGE 8
The Executive Session adjourned at 11'08
p.m. on Tuesday, December 9, 2003
28. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at l l 10 p.m. on Tuesday, December 9,
2003, in the Council Chambers of the Allen City Hall. No action was taken on items discussed
during the Executive Session.
7. Motion to Cancel the December 23, 2003, City Council Meeting
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Bartlemay, the Council voted seven (7) for and none (0) opposed to remove this item from
the table. The motion carried.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember
McGregor, the Council voted seven (7) for and none (0) opposed to cancel the December 23,
2003, City Council Meeting. The motion carried.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Oberineyer,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 11.13 p.m. on Tuesday, December 9, 2003 The motion carred.
These minutes approved on the IP day of January, 2004,
ATTEST:
SheBi:y B. George) TRMC, CITY S CRETARY
A
APPROVED:
Stephen Terrell, MAYOR