Min - City Council - 2004 - 07/13 - RegularP
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2004
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer (absent)
Mark Pacheco
Susan Bartlemay
Jeff McGregor (absent)
City Statf:
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 7,06 p.m. on Tuesda)S July 13, 2004, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop
included.
• Presentation of City 6/COA TV Videos on the "History of St. Mary Baptist Church, "Collin
Countv Old Stone Dam," and the "July 6' Biweekly News Segment'
• Briefing Regarding the Proposed Purchase of the Chase Oaks Golf Course
Pledge of Alleeianee
Public Recognition
Citizens' Comments.
Patty Cahill Fine, spoke on behalf of her father John Cahill, regarding the proposed purchase of the
Chase Oaks Golf Club.
Todd Sommers, 1596 Bradford Trail, Allen, Texas, spoke regarding the cleaning and/or mowing of
US 75 in Allen between McKinney and Plano.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2004
PAGE
1
2. Recognition of the City of Allen as the Recipient of the TCMA (Texas City Management
Association) Award for Leaders in Communication (Population over 25,000).
Ron Harper, President -Elect of TPWA, will Present the City of Allen with an Award for the
Texas Public Works Association (TPWA) Public Works `Project of the Year for Transportation
in the $2410 Million Category' for West Bethany Drive.
Consent Agenda
Councilmember Pacheco requested the following item be removed from the consent agenda.
13. Authorize Execution of a Real Estate Sales Contract with Ms. Melba Seeley in the Amount of
$182,000 for the Purchase of 1.3 Acres of Property Known as 205 Keith Drive for the
Development of a Neighborhood Park in the Allenwood Estates Neighborhood.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Pacheco, the
Council voted five (5) for and none (0) opposed to approve and adopt all remaining items on
the consent agenda as follows.
Approve Minutes of the June 22, 2004, Regular Meeting.
1 5. Motion to Approve Third and Final Reading of Ordinance No. 2294-6-04 Granting TXU
Electric Delivery Company (Formerly Oncor Electric Company) 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 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.
6. Motion to Approve Third and Final Reading of Ordinance No. 2295-6-04 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
1 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
JULY 13, 2004
PAGE
FORTH TERMS AND CONDITIONS TO GOVERN THE FRANCHISE; PROVIDING A
REPEALING CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE
Motion to Approve Third and Final Reading of Ordinance No. 2296-6-04 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.
8. Adopt an Ordinance Amending in its Entirety Chapter 9, "Motor Vehicles and Traffic,"
Article V, Division 2, Section 9-137 of the Cade of Ordinances, Designating Various Portions of
the Roadways as School Zones for Various School Sites.
ORDINANCE NO. 2302-7-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING CHAPTER 9, "MOTOR VEHICLES AND TRAFFIC,' ARTICLE V, "OPERATION
OF VEHICLES;' DIVISION 2, "SPEED REGULATIONS,' SECTION 9-137, "SCHOOL ZONE,
SIGNS;' ITS ENTIRETY, TO DESIGNATE VARIOUS PORTIONS OF THE CITY OF ALLEN
ROADWAY SYSTEM AS A SCHOOL ZONE FOR VARIOUS SCHOOL SITES WITH A
MAXIMUM PRIMA FACIE SPEED LIMIT OF TWENTY-FIVE (25) OR TWENTY (20) MILES
PER HOUR FOR MOTOR VEHICLES, PROVIDING A REPEALING CLAUSE; PROVIDING A
SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
9. Adopt a Resolution Authorizing the Execution of an Interlocal Agreement with the City of
Plano Regarding Sanitary Sewer Services.
RESOLUTION NO. 2303-7-04(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 PLANO AND THE CITY OF
ALLEN, TEXAS, CONCERNING SANITARY SEWERS, AUTHORIZING ITS EXECUTION BY
THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
10. Award Bid and Authorize Execution of a Contract with Landmark Structures, L.P. for an
Amount not to exceed $3,684,000 for the Construction of the Prestige Water Tower and Revise
the Project Budget to $4,331,461.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2004
PAGE
1 Council authorized the City Manager to execute a contract with Landmark Structures, LT for the
construction of the two million gallon Prestige Circle Water Tower for an amount not to exceed
$3,684,000 and revise the project budget to $4,331,461
it. Award Bid and Authorize Execution of an Annual Unit Pricing Contract with Hughes Supply
for the Purchase and Delivery of Water Meters on an As -Needed Basis for an Estimated
Annual Expenditure of $300,000 with an Option for Four Additional One -Year Terms for
Renewal under the Some Terms and Conditions.
Council authorized the City Manager to execute an annual unit pricing contract with Hughes Supply
for purchase and delivery of water meters on an as -needed basis, in the estimated annual expenditure
of $300,000, with four one-year options to renew under the same terms and conditions.
12. Award Bid and Authorize Execution of Annual Unit Pricing Contracts with Redi-Mix L.P.
(Primary) and Ferris Concrete Company (Alternate) for the Purchase and Delivery of Redi-
Mix Cement on an As -Needed Basis for an Estimated Annual Expenditure of $64,000 with an
Option for Two One -Year Terms for Renewal under the Same Terms and Conditions.
Council authorized the City Manager to execute annual unit pricing contracts with Redi-Mix L.P
(primary) and Farris Concrete Company (alternate) for the purchase and delivery of redi-mix cement
on an as -needed basis, in the estimated annual expenditure of $64,000, with two one-year options to
renew under the same terms and conditions.
14. Authorize the Purchase of a New Ambulance Cab and Chassis and Refurbish and Remount the
Existing Type I Generator Powered Ambulance Module/Box/Patient Compartment through
the Houston -Galveston Area Council of Governments' Contractor, Jack Roach Ford for the
Cab and Chassis and Frazier, Ltd., for the Module, for an Amount not to exceed $67,510.
15. Authorize Execution of a Real Estate Contract for the Right -of -Way for the East Main Street
Widening Project with J.R. and R. Allen Partnership for $2,768 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 J.R. & R. Allen Partnership for $2,768 plus closing costs
The motion carried.
13. Authorize Execution of a Real Estate Sales Contract with Ms. Melba Seeley in the Amount of
$182,000 for the Purchase of 1.3 Acres of Property Known as 205 Keith Drive for the
Development of a Neighborhood Park in the Allenwood Estates Neighborhood.
MOTION: Upon a motion by Councilmember Pacheco and a second by Mayor Pro Tem Fulk, the
Council voted five (5) for and none (0) opposed to authorize the ON Manager to execute a
Real Estate Sales Contract between Melba Seeley, as Seller, and the City of Allen, as Buyer,
relating to the purchase of 205 Keith Drive in Allen, Texas, for $182,000. The motion
1 carried
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2004 PAGE 5
1 Regular AEenda
16. TABLED ITEM: Adopt Ordinance No. 2300-6-04 Granting a Change in Zoning by Amending
and Expanding Planned Development No. 76 to Permit Development of a Residential and
Mixed-use Project to Include R5 Single Family Residential, Medical Office, and TH
Townhomes on 68± Acres Located North of Bethany Drive and West of Bel Air Drive, and 31±
Acres Located South of Bethany Drive and East of Bel Air Drive.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember Stout,
the Council voted five (5) for and none (0) opposed to remove this item from the table. The
motion carried
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the
Council voted five (5) for and none opposed to adopt Ordinance No. 2300-6-04 as previously
captioned with an amendment to the height requirements for Tract B that the height be set at
35 feet and three stories unless otherwise stated on the approved site plan. The motion
carried
17. Adopt an Ordinance Annexing 95± Acres of Land Being 3± Acres Located at the Southwest
Corner of Stacy Road and Greenville Avenue; 64± Acres Located South of Stacy Road and
East of Angel Parkway, West of Stacy Ridge Estates; 17± Acres of Right -of -Way Along FM
2551; 0.5± Acres Located East of South Alma Drive, South of West Bethany Drive and
Adjacent to Rowlett Creek; and 9± Acres Located South of SH 121 and East of Stacy Road and
ORDINANCE NO. 2300-6-04: 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
AMENDING AND INCREASING THE AREA OF PLANNED DEVELOPMENT NO. 76,
ORDINANCE NO. 1649-10-98, BY GRANTING A CHANGE IN ZONING FROM (i) PLANNED
DEVELOPMENT NO 76 R5 SINGLE FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT
NO. 76 R5 SINGLE FAMILY RESIDENTIAL WITH AMENDED DEVELOPMENT
STANDARDS ON TRACT "A" (BETHANY HEIGHTS) ON 68.29± ACRES IN THE MICHAEL
SEE SURVEY, ABSTRACT NO. 543, THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, AND
1
THE DAVID H. NIX SURVEY, ABSTRACT NO. 668: (ii) AO AGRICULTURE OPEN SPACE TO
PLANNED DEVELOPMENT NO. 76 FOR OFFICE AND RETAIL USES ON TRACT "B"
(ANGEL FIELD WELLNESS CENTER) ON 19.84± ACRES OF LAND IN THE T.G KENNEDY
SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND (iii) AO
AGRICULTURE OPEN SPACE TO PLANNED DEVELOPMENT NO. 76 FOR TH TOWNHOME
RESIDENTIAL USES ON TRACT "C' (ANGEL FIELD ESTATES EAST) ON 11.96± ACRES OF
LAND IN THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, 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", AND PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS
EXHIBIT "C"; 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 Mayor Pro Tem Fulk and a second by Councilmember Stout, the
Council voted five (5) for and none opposed to adopt Ordinance No. 2300-6-04 as previously
captioned with an amendment to the height requirements for Tract B that the height be set at
35 feet and three stories unless otherwise stated on the approved site plan. The motion
carried
17. Adopt an Ordinance Annexing 95± Acres of Land Being 3± Acres Located at the Southwest
Corner of Stacy Road and Greenville Avenue; 64± Acres Located South of Stacy Road and
East of Angel Parkway, West of Stacy Ridge Estates; 17± Acres of Right -of -Way Along FM
2551; 0.5± Acres Located East of South Alma Drive, South of West Bethany Drive and
Adjacent to Rowlett Creek; and 9± Acres Located South of SH 121 and East of Stacy Road and
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2004 PAGE 6
Adopt a Service Plan for the Provision of Municipal Services.
ORDINANCE NO. 2304-7-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ANNEXING 95.8377 ACRES, AND MORE
PARTICULARLY DESCRIBED IN EXHIBITS "A -L" "A-2," "A-3," "A4," AND "A-5"
ATTACHED HERETO; AND BEING THE FOLLOWING PARCELS. PARCEL NUMBER 1
CONSISTING OF 3 548 ACRES SITUATED IN THE HENRY WETZEL SURVEY, ABSTRACT
NO. 1026, IN COLLIN COUNTY, TEXAS, PARCEL NUMBER 2 CONSISTING OF 64.1497
ACRES SITUATED IN THE JOHN J MILLER SURVEY, ABSTRACT NO. 609, IN COLLIN
COUNTY, TEXAS; PARCEL NUMBER 3 CONSISTING OF 17.7342 ACRES SITUATED IN THE
A.J. TUCKER SURVEY, ABSTRACT NO. 910, IN COLLIN COUNTY, TEXAS; PARCEL
NUMBER 4 CONSISTING OF 0.5873 ACRES SITUATED IN THE T.G KENNEDY SURVEY,
ABSTRACT NO. 500, COLLIN COUNTY, TEXAS, AND PARCEL NUMBER 5 CONSISTING OF
9.5185 ACRES SITUATED IN THE H. SEABORN R RE CLEMENTS SURVEY, ABSTRACT NO.
879, IN COLLIN COUNTY, TEXAS; EXTENDING THE BOUNDARY LIMITS OF THE CITY SO
AS TO INCLUDE SAID PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL
INHABITANTS AND OWNERS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES
OF OTHER CITIZENS AND BINDING ALL INHABITANTS THEREIN BY ALL THE
ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF SAID CITY; ADOPTING A
SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL SERVICES ATTACHED HERETO AS
EXHIBIT "B"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE OF SAID ORDINANCE.
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Pacheco, the
Council voted five (5) for and none opposed to adopt Ordinance No. 2304-7-04 as previously
captioned. The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to SC -
Shopping Center on 3+ Acres of Land Located on the Southwest Corner of Stacy Road and
Greenville Avenue.
MaN or 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. 2305-7-04: 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
PERMANENT ZONING OF SC SHOPPING CENTER DISTRICT FOR 3.548+ ACRES, IN THE
HENRY WETZEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO,
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.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2004
PAGE 7
MOTION: Upon a motion made by Councilmember Barilemay and a second by Councilmember Stout,
the Council voted five (5) for and none opposed to adopt Ordinance No. 2305-7-04 as
previously captioned The motion carried.
19. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to AO -
Agriculture Open Space for 0.5± Acres of Land Located East of South Alma Drive, South of
West Bethany Drive and Adjacent to Rowlett Creek.
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. 2306-7-04: 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
PERMANENT ZONING OF AO AGRICULTURE -OPEN SPACE DISTRICT FOR 0.5873±
ACRES, IN THE T.G KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO, 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 Stout and a second by Mayor Pro Tem Fulk, the
Council voted five (5) for and none opposed to adopt Ordinance No. 2306-7-04 as previously
captioned. The motion carried.
20. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning of PD -40,
Planned Development No. 40, to CC -Corridor Commercial for 9± Acres of Land Located off of
the Southeast Corner of Stacy Road and SH 121.
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. 2307-7-04: 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
PERMANENT ZONING OF PD PLANNED DEVELOPMENT NO 40 FOR CC COMMERCIAL
CORRIDOR DISTRICT USES AS DETAILED IN ORDINANCE NO 751-10-86 FOR 9.5185±
ACRES, IN THE H. SEABORN & R.F CLEMENTS SURVEY, ABSTRACT NO. 879, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING A REPEALING CLAUSE: PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2004
PAGE
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 Pacheco and a second by Councilmember Stout, the
Council voted five (5) for and none opposed to adopt Ordinance No. 2307-7-04 as previously
captioned The motion carried.
21. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning to SC -
Shopping Center and R-4 Residential on 64± Acres of Land Located on the South Side of Stacy
Road, East of Goodman Drive and West of the Stacy Ridge Estates Subdivision.
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 for Shopping Center and Garden Office
zoning and in favor of residential zoning:
William Carder, 1806 Armstrong Drive, Allen, Texas,
Ken Krogerus, 1802 Stacy Road, Allen, Texas, and
Angie Schlemmer, 1903 Lorraine Avenue, Allen, Texas:
Pert Virtanen, 1807 Baltimore Drive, Allen, Texas, spoke on behalf of the Stacy Ridge Home
Owners Association and presented a signed petition from residents in support of R-3 zoning:
Gene Scott, 1804 Green Meadow Court, Allen, Texas,
Jason Tucker, 1915 Country Brook Lane, Allen, Texas,
Troy Richards, 1912 San Carlos Avenue, Allen, Texas;
Julio Bejarano, 1801 Country Brook Lane, Allen, Texas,
Chris Shepard, 1801 San Carlos Court, Allen, Texas:
Curtis Libey, 520 Ashwood Lane, Fairview, Texas: and
George Richards, 1810 East Stacy Road, Allen, Texas.
The following individuals spoke in favor of the request for Shopping Center or Garden Office zoning
for their properties:
AI Rodriguez, 1806 Stacy Road East, Allen, Texas:
Rebecca Rodriguez. 1806 Stacy Road, Allen, Texas: and
Todd Downing, 1804 Stacy, Allen. Texas.
The following individuals did not speak, but wished to record their support for R-3 zoning for all
tracts:
Ruth Friend, 1812 Armstrong Drive, Allen, Texas:
Patricia Clevenger, 1817 St. Johns Avenue, Allen, Texas, and
Jack Clevenger, 1817 St. Johns Avenue, Allen, Texas
The follow ing individuals did not speak, but wished to record their opposition to the request:
Jennifer Smith, 1804 Heather Glen Circle, Allen, Texas:
Marianne Smith, 1804 Heather Glen Circle, Allen, Texas; and
Roger Smith, 1804 Heather Glen Circle, Allen, Texas.
With no one else speaking. Mayor Terrell closed the public hearing.
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2004
PAGE
ORDINANCE NO. 2308-7-04: 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
PERMANENT ZONING OF R3 RESIDENTIAL DISTRICT 10.71961 ACRES AND FOR
53.4301± ACRES IN THE JOHN J. MILLER SURVEY, ABSTRACT NO. 609, CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO, 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 Mayor Pro Tem Fulk and a second by Counedmember Stout, the
Council voted five (5) for and none opposed to adopt Ordinance No. 2308-7-04 as previously
captioned with the zoning set at R-3 for all tracts. The motion carried
22. Authorize Approval and Execution of an Agreement of Purchase and Sale with the Bank of
America, N.A. for the Chase Oaks Golf Course.
MOTION: Upon a motion made by Counedmember Stout and a second by Councilmember Pacheco, the
Council voted five (5) for and none opposed to authorize the City Manager to execute an
Agreement of Purchase and Sale between Bank of America, N.A., as Seller, and the City of
Allen, as Buyer, relating to the purchase of Chase Oaks Golf Course for $5,000,000 The
motion carried.
23. Adopt a Resolution Authorizing Publication of a 'Notice of Intention' to Issue Certificates of
Obligation.
RESOLUTION NO. 2309-7-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND AUTHORIZING PUBLICATION
OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Mayor Pro Tem Fulk,
the Council voted five (5) for and none (0) opposed to adopt Resolution No. 2309-7-04(R) as
previously captioned. The motion carried
24. Adopt a Resolution Authorizing City Staff, the City's Financial Advisor, and the City's Bond
Counsel to Proceed with the Sale of Certificates of Obligation in the Approximate Amount of
$5,500,000.
RESOLUTION NO. 2310-7-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A DATE FOR THE SALE OF
CERTIFICATES OF OBLIGATION; AUTHORIZING APPROPRIATE PERSONNEL AND
CONSULTANTS TO PROCEED WITH ARRANGEMENTS AND THE PREPARATION OF
DOCUMENTS FOR THE ISSUANCE AND SALE OF SUCH CERTIFICATES AND RESOLVING
IOTHER MATTERS INCIDENT AND RELATED THERETO
ALLEN CITY COUNCIL
REGULAR MEETING
JULY 13, 2004
PAGE 10
MOTION: Upon a motion made by Councilmember Pacheco and a second by Councilmember Stout, the
Council voted five (5) for and none (0) opposed to adopt Resolution No. 2310-7-04(R) as
previously captioned. The motion carried.
Other Business.
25. Calendar.
• Jul}, 24 — K-9 Open House/9:00 a m.
• August 3 —National Night Out
• August 10-13 —Texas Transportation Summit
• August 13-15 — Budget Workshop
26. Items of Interest.
Executive Session
The Executive Session was not held
27. Reconvene and Consider Action on Items Discussed during Executive Session.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Bartlemay.
the Council voted five (5) for and none (0) opposed to adjoum the regular session of the
Allen ON Council at 9.49 p.m. on Tuesday, July 13. 2004. The motion carried.
These minutes approved on the 27°i day of July. 2004.
APPROVED:
�tcphe Terrell, MAYOR
ATTEST:
V '4
Shelley B. George, TRMC, CITY SECRETARY