Min - City Council - 2004 - 06/08 - RegularL
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 8, 2004
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Falk, Mayor Pro Tem
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, City 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 7.12 p.m. on Tuesday, June 8, 2004, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed to the preceding workshop
included:
Briefing Regarding the Amendments to the Allen Lund Development Code
David Hoover, Director of Planning and Development
Pledee of Alleeiance
Administer Oaths -of -Office and Present Certificates -of -Election to Reelected Councilmembers
Susan Bartlemay and Jeff McGregor.
Election of Mayor Pro Tem.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councdmember
Obermeyer, the Council voted seven (7) for and none opposed that nominations cease and
that Kenneth Fulk be elected by acclamation to the designated place of Mayor Pro 'rem on
the Allen City Council. The motion carried.
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 8, 2004 PAGE 2
3. Confirm City Council Appointments to the Various Nominating Committees for the
Appointment of Boards and Commissions for FY 2004-05.
No action was taken on this item
Public Recoenition
4. Citizens'Comments.
Charisse Reaume, Executive Director for the Allen Economic Development Corporation introduced
Dan Bowman, Economic Analyst.
Angela Benet Inge, 815 Redbud Drive, Allen, Texas, spoke in opposition to Agenda Item 9.
Robert Butler, 1607 Woodstream Lane, Allen, Texas, spoke in favor of Agenda Item 9
5. Presentation of a Shining Star Award to Brendin Hart for Rescuing Five Year Old McKay
Brown from Drowning at Lake Lavon.
MOTION: Upon a motion made by Councdmember Obermeyer 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:
6. Approve Minutes of the May 25, 2004, Regular Meeting.
7. Authorize Execution of a Real Estate Sales Contract for the Right -of -Way for the East Main
Street Widening Project with Manjusree and Susim Mitra for an Amount of $3,647 plus
Closing Costs.
Council authorized the City Manager to execute the real estate sales contract for right-of-way for the
East Main Street Widening Project with Manjusree and Susim Mitra for an amount of $3,647 plus
closing costs.
8. Authorize Execution of a Purchase of One 75 -foot Pierce Aerial Apparatus and One 1500 GPM
Pumper for the Fire Department through the Houston -Galveston Area Council of
Governments Contractor, Martin Apparatus, Inc., for an Amount not to exceed $913,982.
Council authorized the City Manager to purchase one 75 -foot Pierce Aerial Apparatus and one 1500
GPM Pumper for the Fire Department through the Houston -Galveston Area Council of Governments'
contractor, Martin Apparatus, Inc., for an amount not to exceed $913,982.
The motion carried
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ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 8, 2004
PAGE
9. TABLED ITEM: Adopt an Ordinance Granting a Change in Zoning by Authorizing an
Amendment to Tracts 5, 6, and 7 of Planned Development No. 65, being 41± Acres, from SC
Shopping Center and R5 Residential to move the SC Shopping Center to the Northern Portion
of the Tract and to add TH Townhome Zoning to the Southern Portion on Property Located
South of Shelley Drive and West of FM 2551.
MOTION: Upon a motion made by Councilmember McGregor 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.
ORDINANCE NO. 2292-6-04: 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 65, TRACTS 5, 6, AND 7, TO
TRACT A-15.866± ACRES FOR TH-TOWNHOME DISTRICT; AND TRACT B-25.6651 ACRES
FOR SC -SHOPPING CENTER DISTRICT, BEING 41.465± ACRES IN THE D. B. HEARNE
SURVEY, ABSTRACT NO. 427, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A
CONCEPT PLAN EXHIBIT "B PROVIDING FOR DEVELOPMENT REGULATIONS EXHIBIT
"C 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 Councilmember
Bartlemay, the Council voted five (5) for and two (2) opposed with Mayor Pro Tem Fulk and
Councilmember Pacheco casting the negative votes, to adopt Ordinance No. 2292-6-04 as
previously captioned with an amendment of the elimination of the alley on the southern
portion of the TH tract at the property located southwest of Shelley Drive and FM 2551. The
motion carried.
The Council recessed at 8:51 p.m.
The City Council reconvened at 9:11 p in
10. Conduct a Public Hearing Regarding the Annexation of Five Properties Located within the
City of Allen's Extraterritorial Jurisdiction (ETJ).
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
The following individuals spoke in opposition to the request*
�! Kim Ashmore, 1800 Heatherglen Circle, Allen, Texas,
® Bill Stigliano, 1808 Green Meadow Circle, Allen, Texas,
George Richards, 1810 E Stacy Road, Allen, Texas:
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 8, 2004 PAGE 4
The following individual spoke in favor of the request:
Bill Carder, 1806 Armstrong Drive, Allen, Texas.
The following individuals did not speak, but wished to record their opposition to the request
D. Alan Boyle, Jr., 1618 Mapleleaf Falls Drive, Allen, Texas;
Kevin Ann and Lonnie Mullen, 1616 Mapleleaf Falls, Allen, Texas;
Rachel Stigliano, 1808 Green Meadow Circle, Allen, Texas;
Donna Segars, 1805 Green Meadow Circle, Allen, Texas;
Keith and Bobbie Saltzman, 1801 Heather Glen Circle, Allen, Texas;
Garry Dillard, 1805 Heather Glen Circle, Allen, Texas;
Marianne and Jennifer Smith, 1804 Heather Glen Circle, Allen, Texas; and
Kim Ashmore, 1800 Heather Glen Circle, Allen, Texas.
The following correspondence was received regarding opposition to this request:
• Petition from residents living along Green Meadow Circle;
• Letter from Mack Northcutt, 1800 Green Meadow Circle, Allen, Texas, dated June 8, 2004;
• Note from Gene Scott, 1804 Green Meadow Circle, Allen, Texas, dated June 5, 2004 and e-mail
dated June 8, 2004; and
• Note from Davis Family Trust, L. A. Davis, Trustee, dated June 7, 2004.
With no one else speaking, Mayor Terrell closed the public hearing.
it. Conduct a Public Hearing and Adopt an Ordinance Amending the Allen Land Development
Code by Amending:
• Article IV, Zoning Regulations — Schedule of Residential Height and Area Regulations
to Amend the TH Townhome District Dimensional Regulations;
• Amending Article V, Special Zones — Methods of Reducing Flood Losses;
• Amending Article VII, Zoning Development Standards — Clarify the Requirements for
Light Poles and Fixtures and add Requirements for Prohibited Work Hours;
• Amending Article VIII, Subdivision Regulations — Names of Proposed Streets;
Thoroughfare Design Standards, and Drainage Requirements; and
• Amending Appendix A — Definitions.
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. 2293-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT
CODE, BY AMENDING ARTICLE IV ZONING REGULATIONS SECTION 4.15.2 SCHEDULE
OF RESIDENTIAL HEIGHT AND AREA REGULATIONS TO AMEND THE TH TOWNHOME
DISTRICT DIMENSIONAL REGULATIONS, AMENDING ARTICLE V SPECIAL ZONES,
SECTION 5.01, METHODS OF REDUCING FLOOD LOSSES, AMENDING ARTICLE VII,
ZONING DEVELOPMENT STANDARDS SECTION 7.03 4 TO CLARIFY THE REQUIREMENT
FOR LIGHT POLES AND FIXTURES AND 708.4A TO ADD REQUIREMENTS FOR
ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 8, 2004
PAGE 5
PROHIBITED WORK HOURS; AMENDING ARTICLE VIII, SUBDIVISION REGULATIONS,
SECTION 8.03 THE NAMES OF PROPOSED STREETS, SECTION 8.05 .2 AND 8.05.3
THOROUGHFARE DESIGN STANDARDS, AND SECTION 8.13 DRAINAGE
REQUIREMENTS; AMENDING APPENDIX A DEFINITIONS TO AMEND THE DEFINITION
OF MASONRY AND ADD A DEFINITION FOR ULTIMATE 100 -YEAR FLOODPLAIN;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING 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 FOR AN
EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2293-6-04 as
previously captioned with the following amendments: no unit shall be further than 100 feet
from a visitor space; Item 8a and 8b of Section 7.03.4. Outdoor Lighting. will be added back
to the Ordinance; Construction activity shall be prohibited between the hours of 8:00 p.m.
and 7:00 a.m. within 500 feet of existing residential structures, unless otherwise approved by
the Chief Building Official. The motion carried
12. Adopt an Ordinance Granting TXU Electric Delivery Company (Formerly Oncor Electric
Company) Non -Exclusive Franchise Agreement to Use the Public Rights -of -Way of the City of
Allen for the Purpose of Constructing and Operating an Electric Distribution and
Transmission System.
ORDINANCE NO. 2294-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO TXU ELECTRIC DELIVERY
COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-
EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN,
TEXAS, FOR THE PURPOSES OF CONSTRUCTING AND OPERATING AN ELECTRIC
DISTRIBUTION AND TRANSMISSION SYSTEM; SETTING FORTH TERMS AND
CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND 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 adopt Ordinance No. 2294-6-04 as
previously captioned. The motion carried
13. Adopt an Ordinance Granting CoSery Electric Cooperative a Non -Exclusive Franchise
Agreement to Use the Public Rights -of -Way of the City of Allen for the Purpose of
Constructing and Operating an Electric Distribution System.
ORDINANCE NO. 2295-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO DENTON COUNTY ELECTRIC
COOPERATIVE, INC., D/B/A COSERV ELECTRIC, A TEXAS ELECTRIC COOPERATIVE
CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO
USE PUBLIC RIGHTS-OF-WAY OF THE CITY OF ALLEN, TEXAS FOR THE PURPOSES OF
CONSTRUCTING AND OPERATING AN ELECTRIC DISTRIBUTION SYSTEM; SETTING
ALLEN CITY COUNCIL
REGULAR MEETING
NNE S, 2004 PAGE 6
FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A
REPEALING CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE.
14. Adopt an Ordinance Granting Grayson -Collin Electric Cooperative (GCEC) a Non -Exclusive
Franchise Agreement to Use the Public Rights -of -Way of the City of Allen for the Purpose of
Constructing and Operating an Electric Distribution System.
ORDINANCE NO. 2296-6-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, GRANTING TO GRAYSON-COLLIN ELECTRIC
COOPERATIVE, INC., A TEXAS ELECTRIC COOPERATIVE CORPORATION, ITS
SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO USE PUBLIC RIGHTS-
OF-WAY OF THE CITY OF ALLEN, TEXAS FOR THE PURPOSES OF CONSTRUCTING AND
OPERATING AN ELECTRIC DISTRIBUTION SYSTEM; SETTING FORTH TERMS AND
CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A REPEALING CLAUSE, A
SAVINGS CLAUSE AND AN EFFECTIVE DATE
MOTION: Upon a motion made by Councilmember Obermeyer and a second by Councilmember
Pacheco, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2295-
6-04 and Ordinance No. 2296-6-04 as previously captioned. The motion carried.
Other Business.
15. Calendar.
• June 14 — Summer Sounds Concert - Hometown Texas/Joe Farmer Recreation Center (JFRC)
Amphitheatre/7:00 p.m.
• June 21 — Summer Sounds Concert- Hard Night's Day/JFRC Amphitheatre/7:00 p.m.
• June 26 — Allen USA Celebration/Celebration Park
16. Items of Interest.
Executive Session
The Executive Session was not held.
17. Reconvene and Consider Action on Items Discussed during Executive Session.
Adjourn
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 10:15 p.m on Tuesda), June 8, 2004 The motion carried.
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ALLEN CITY COUNCIL
REGULAR MEETING
JUNE 8, 2004
These minutes approved on the 22"d day of June, 2004.
ATTEST:
Shelley B. Georg , RMC, CITY SECRETARY
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APPROVED:
Stephen Terrell, MAYO
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