Min - City Council - 2004 - 03/23 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MARCH 23, 2004
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Falk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City StatT:
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 7:10 p.m. on Tuesday, March 23, 2004, to the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop
included
• Briefing Regarding the City of Allen Website Videostreaming Study Results
• Briefing Regarding the City 6 (COA-TV) Resident Survey Results
• Briefing Regarding the Schematic Design for the Senior Citizens Recreational Facility
Public Recoenition
1. Citizens'Comments.
• Council recognized Boy Scouts from St. Jude's Troup 328 and from Varsity Troup 223 for
working on merit badges in citizenship and communication.
E1 2. Recognition of Eric Anderson, Allen Independent School District (AISD) Anderson Elementary
PE Teacher, and Steve Schkade, AISD Tennis Director, as the Recipients of the "Contributor's
Appreciation' Awards and Will Mitchell, City of Allen Athletic Program Supervisor, as the
ALLEN CITY COUNCIL
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Recipient of the "Individual Service" Award as Presented by Texas Amateur Athletic
Federation (TAAF) Region VII.
Recognition of Barbara Buehler, Library Director and Brian Bristow, Landscape Architect, on
behalf of the City of Allen, and the Allen Heritage Guild as the Recipients of the Historic
Restoration Award for the Old Stone Dam as Presented by Preservation Texas.
Presentation of a Plaque -of -Appreciation to Lonnie Thomas, Former Member of the
Community Development Corporation.
Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Robert Townsend, Park Services Manager, and Susan
Campbell, Urban Forester, Proclaiming April 3, 2004, as Arbor Day.
• Presentation of a Proclamation to Bret McCullough, Chief Building Official, Proclaiming
April 4-10,2004, as Building Safety Week.
Consent Agenda
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 the consent
agenda as follows:
6. Approve Minutes of the March 9, 2004, Regular Meeting.
Adopt a Resolution Authorizing the Sale of General Obligation Bonds, Series 2004, in the
Approximate Amount of $11,700,000 and the Sale of Revenue Refunding and Improvement
Bonds, Series 2004, in the Approximate Amount of $7,165,000 of the City of Allen.
RESOLUTION NO. 2270-3-04(R): A RESOLUTION APPROVING A DATE FOR THE SALE
OF GENERAL OBLIGATION BONDS, AUTHORIZING APPROPRIATE PERSONNEL AND
CONSULTANTS TO PROCEED WITH ARRANGEMENTS AND THE PREPARATION OF
DOCUMENTS FOR THE ISSUANCE AND SALE OF SUCH BONDS AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED THERETO.
RESOLUTION NO. 2271-3-04(R): A RESOLUTION APPROVING A DATE FOR THE SALE
OF REVENUE BONDS, AUTHORIZING APPROPRIATE PERSONNEL AND CONSULTANTS
TO PROCEED WITH ARRANGEMENTS AND THE PREPARATION OF DOCUMENTS FOR
THE ISSUANCE AND SALE OF SUCH BONDS AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED THERETO.
Authorize Execution of a Real Estate Contract with Judith and B.L. Pate in the amount of
$205,000 plus Closing Costs for the Right -of -Way for Phase II of the East Bethany Drive
Widening Project.
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Council authorized the City Manager to execute a real estate sales contract for the right-of-wav for
the East Bethany Drive Widening, Phase 11 Project with Judith and B.L. Pate for an amount of
$205,000 plus closing costs.
Authorize Execution of a Professional Engineering Services Contract with PBS&J for an
Amount not to exceed $52,500 in Connection with the Design of East Bethany Drive from
Malone Road to FM 2551.
Council authorized the City Manager to execute a professional engineering services contract with
PBS&J for an amount not to exceed $82,500 in connection with the design of East Bethany Drive
from Malone Road to FM 2551.
10. Authorize Execution of a Development Agreement for Quail Run Subdivision with Allen/Quail
Run Limited Partnership for the Construction of Walters Road Improvements, the Oversizing
of the 16" Waterline, and the Design/Construction of the Park Improvements.
Council authorized the City Manager to execute a development agreement for Quail Run Subdivision
with Allen/Quail Run Limited Partnership with regard to the construction of Watters Road
Improvements, the oversizing of the 16' waterline, and for the design/construction of the Park
Improvements.
11. Authorize Execution of a Contract with VoiceStream CSM I Operating Company, LLC, a
Delaware C/O T -Mobile USA, Inc. for a Five -Year Term Contract with an Option for Five
Additional Five -Year Terms at $20,000 per Year with a Rate Increase of 15% for Each Term
for Cellular Antennae to be Placed on the Bethany Water Tower.
Council authorized the City Manager to execute a contract with VoiceStream GSM 1 Operating
Company, LLC, a Delaware C/O T -Mobile USA, Inc. for a five-year term contract with an option for
five additional five-year terms at $20,000 per year with a rate increase of 15% each term, for cellular
antennae to be placed on the Bethany Water Tower.
12. Accept Resignation from Gary Stocker, Place No. 3 of the Planning and Zoning Commission,
and Declare a Vacancy.
13. Receive the Summary of Property Tax Collections as of February 2004.
14. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
Reeular Aeenda.
15. Accept the 2002-2003 Comprehensive Annual Financial Report (CAFR) and Report on Federal
Financial Assistance as Presented by Weaver and Tidwell, L.L.P.
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MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember
Pacheco, the Council voted seven (7) for and none (0) opposed to accept the 2002-2003
Comprehensive Annual Financial Report. The motion carried.
16. Motion to Approve the Senior Citizens Recreational Facility Schematic Design.
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 authorize the City
Manager to approve the proposed Schematic Design as presented by proforma architects,
inc. for the new Senior Citizens Recreational Facility The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning for Blue Star
Development on 529* Acres of Land from Planned Development Nos. 35, 36, 37, 39, and 43 to
Planned Development No. 92 for CC -Entertainment, AO -Agriculture Open Space, SC -
Shopping Center, R-3, R-5, and R-7 Residential on Property Located North of Stacy Road
between Watters Road and Chelsea Boulevard.
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.
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ORDINANCE NO. 2272-3-04: 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 PLANNED DEVELOPMENT 35, PLANNED DEVELOPMENT
NO. 36, PLANNED DEVELOPMENT NO 37, PLANNED DEVELOPMENT NO. 39 AND
PLANNED DEVELOPMENT NO. 43 TO PD -PLANNED DEVELOPMENT NO. 92 FOR TRACT
A-982* FOR CC -CORRIDOR COMMERCIAL/ ENTERTAINMENT; TRACT B-88.9* ACRES
FOR AO -AGRICULTURE -OPEN SPACE; TRACT G-60.11 ACRES FOR R5 RESIDENTIAL;
TRACT H48.3* ACRES FOR R3 RESIDENTIAL, TRACT J-44.4* ACRES FOR R3
RESIDENTIAL, TRACT KI -32 O* ACRES FOR R5 RESIDENTIAL, TRACT K240 7* ACRES
FOR R5 RESIDENTIAL, TRACT L-404±ACRES FOR R7 RESIDENTIAL, TRACT M-43±
ACRES FOR SHOPPING CENTER; TRACT N-51.8* ACRES FOR R7 RESIDENTIAL, AND
TRACT 0-20.5* ACRES FOR SC SHOPPING CENTER; BEING 529.60* ACRES IN THE
FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, AND THE GEORGE FITZHUGH SURVEY,
ABSTRACT NO. 321, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A ZONING CONCEPT
PLAN EXHIBIT "B", PROVIDING FOR A RESIDENTIAL CONCEPT PLAN EXHIBIT "C";
PROVIDING FOR A COMMERCIAL CONCEPT PLAN EXHIBIT "D"; PROVIDING FOR
DEVELOPMENT REGULATIONS EXHIBIT "E", 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
($1000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to approve and adopt Ordinance No.
2272-3-04 as previously captioned with the following amendments:
• Detailed site plan review shall include residential as well as commercial;
• TH use shall be removed in its entirety from the Commercial Concept Plan;
• Tract A —
o delete "Pottery Barn" as an example for Retail Store,
o delete "Townhome/Loft" as a permitted use; and
o delete the following paragraph, "Additional uses deemed to be similar in nature and
character as determined by the Director of Planning and Development. Any appeal of
a decision by the Director would be to the City Council;'
• Tracts M and O — fueling station allowed with SUP,
• Development Reeulattons applicable to all tracts shall be amended to add the following
points:
o Access to linear greenbelts and public open space/parks shall be well defined, easily
found by the public other than by subdivision homeowners and include designated
parking at key trail heads to the greenbelt and park areas.
o The two eaststde lanes of Watters Road shall be constructed from Stacy Road up to
the greenbelt separating the residential from commercial tracts upon the development
of residential in that area, and that Watters Road from SH 121 down to the greenbelt
separating the residential tract to be constructed whenever commercial development
occurs and when Watters Road is constructed up to the greenbelt from the residential
tract.
o Alignment of Ridgeview Road to be determined during site plan detailed review and
engineering analysis.
o Open Space and Park Land use for residential tracts shall be as approved by the
City
The motion cartied.
18. Consider Making Appointments to Fill Vacancies on the Community Development
Corporation and the Planning and Zoning Commission.
Other Business.
19. Calendar.
• March 24 — CDC Town Hall Meeting/7:00 p.m./Council Chambers
• March 26—Allen Heritage Guild Spring Fundraiser/6:30 p.m./Allen Heritage Center
• March 26 — Allen Community Outreach's Second Annual Wine Masters Food and Wine
Pairings/Swan Court Restaurant
• April 3 —Arbor Day Celebration/] 0.00 a.m./Celebration Park Pavilion
• April 24—Great American Clean Up
20. Items of Interest.
The regular session recessed at 9:31 p.m.
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Executive Session
In accordance with the Texas Government Code, Legal, Section 551.071, Property, Section 551.072;
Personnel, Section 551 074; Staff Presentations, Section 551.075; the Allen City Council convened into
Executive Session at 9,43 p.m. on Tuesday, March 23, 2004, 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
• Personnel — Pursuant to Section 551.074 of the Texas Government Code — Appointments to the
Community Development Corporation and the Planning and Zoning Commission
The Executive Session adjourned at 10:26 p.m. on Tuesday, March 23, 2004
21. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 10:38 p.m. on Tuesday, March 23, 2004,
in the Council Chambers of the Allen City Hall. The following action was taken on items discussed
during the Executive Session
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to appoint Doug Dreggors to complete
the unexpired term in Place 3 of the Planning and Zoning Commission and set a term
expiration date of September 30, 2005. The motion carried.
Adiourn
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember McGregor,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 10:39 p.m. on Tuesday. March 23, 2004. The motion carried.
These minutes approved on the 13°i day of Aoril, 2004.
APPROVED:
�5&�f�
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Geo , TRMC, CITY SIECRETARY