Min - City Council - 2004 - 09/28 - RegularPresent:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obenneyer (arrived at 6:50 p.m.)
Mark Pacheco
Susan Bartlemay
Jeff McGregor (arrived at 6:55 p.m.)
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Peter G Smith, City Attorney
Workshop Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:16 p.m. on Tuesday, September 28, 2004, in the Council Conference Room of the
Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding
workshop included:
• Discussion Regarding the Allen Arts Alliance
• Discussion Regarding the 2005 Allen USA Event
• Other Items
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:08 p.m. on
Tuesday, September 28, 2004.
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 7:13 p.m. on Tuesday, September 28, 2004, in the Council Chambers of the Allen
City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoenition
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2004
Present:
Stephen Terrell, Mayor
Councilmembers:
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obenneyer (arrived at 6:50 p.m.)
Mark Pacheco
Susan Bartlemay
Jeff McGregor (arrived at 6:55 p.m.)
City Staff:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
Peter G Smith, City Attorney
Workshop Session
With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to
order by Mayor Terrell at 6:16 p.m. on Tuesday, September 28, 2004, in the Council Conference Room of the
Allen City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding
workshop included:
• Discussion Regarding the Allen Arts Alliance
• Discussion Regarding the 2005 Allen USA Event
• Other Items
With no further discussion, the Workshop Session of the Allen City Council was adjourned at 7:08 p.m. on
Tuesday, September 28, 2004.
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 7:13 p.m. on Tuesday, September 28, 2004, in the Council Chambers of the Allen
City Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas.
Pledee of Alleeiance
Public Recoenition
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2004
1. Citizens'Comments.
PAGE
Lawrence C. Allen, 544 E. Bethany, Apt. #511, Allen, Texas, requested Council amend the City's
noise ordinance to restrict the hours allowed for yard maintenance activities.
2. Administer Oaths -of -Office and Present Certificates -of -Appointment to the Newly Appointed
and Reappointed Members of the Various City Boards and Commissions.
Allen Animal Shelter Advisory Committee
Expiration Date
Place No. 2
Joey Allette
September 30, 2006
Place No. 4
Bill Ameser
September 30, 2006
Community Development Corporation
Expiration Date
Place No. 2
George Chrisman
September 30, 2006
Place No. 4
Lori Stitt
September 30, 2006
Place No. 6
Sue Johnson
September 30, 2006
Economic Development Com mtion
Expiration Date
Place No. 4
Maxine Sweet
September 30, 2007
Place No. 5
Carl Clemencich
September 30, 2007
Keep Allen Beautiful
Expiration Date
Place No. 2
Ronald Wheless
September 30, 2006
Place No. 6
Brian Casstevens
September 30, 2006
Library Board
Expiration Date
Place No. 2
Donna Drews Various
September 30, 2006
Place No. 4
Ruth Pringle
September 30, 2006
Place No. 6
Jo Long
September 30, 2006
Parks and Recreation Board
Expiration Date
Place No. 2
Mary Fritsche
September 30, 2006
Place No. 4
Todd McIntosh
September 30, 2006
Place No. 6
Joey Herald
September 30, 2006
Health Officer
Expiration Date
Dr. John Connolly
September 30, 2006
3. Update Regarding the Arts of Collin County Commission Presented by David Sterling, Allen
Representative, Arts of Collin County Commission.
4. Recognition of the Public Information Office as the Recipient of a First Place Award in the
Library Category for "WANTED: Teen Volunteers' and Honorable Mention for "A Short
History of Allen" and "Overall Excellence" from the National Association of
Telecommunications Officers and Advisors (NATOA).
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2004 PAGE 3
5. Presentation of Proclamations by the Office of the Mayor:
• Presentation of a Proclamation to Craig Gillis, Assistant Chief/Fire Marshal, and Linda
Greenidge, Public Education Coordinator, Proclaiming the Week of October 3-9, 2004, as
Fire Prevention Week.
• Presentation of a Proclamation to Kathy Chamberlain, Utility Collections Supervisor,
Nikki Davis, Customer Service Representative, and Jennifer Delano, Customer Service
Representative, on Behalf of the Customer Service Representatives for the City of Allen,
Proclaiming the Week of October 4-10,2004, as National Customer Service 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 September 14, 2004, Regular Meeting.
7. Motion to Approve Saturday, January 22, 2005, as the Date for the City Council Strategic
Planning Session.
8. Adopt a Resolution Approving the City of Allen Hazard Mitigation Action Plan (HazMAP)
Incorporating Both Local and Multi -Jurisdictional Elements Referencing Local and Regional
Mitigation Strategies.
RESOLUTION NO. 2334-9-04(RI: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE CITY OF ALLEN HAZARD
MITIGATION ACTION PLAN ATTACHED AS EXHIBIT "A", PROVIDING A SEVERABILITY
CLAUSE, PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
9. Adopt a Resolution Approving Amendments to the 2005 Community Development Block Grant
(CDBG) Action Plan.
RESOLUTION NO. 2335-9-0411): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE 2004-2005 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN: AUTHORIZING ITS SUBMISSION
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD);
REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
10. Award Bid and Authorize Execution of a Contract with McMahon Contracting, L.P. for the
Reconstruction of St. Mary Drive from Cedar Drive to Cottonwood Creek for an Amount not
to exceed $575,448.71 and Revise the Project Budget to $726,000.
Council authorized the City Manager to execute the contract
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2004
PAGE 4
11. Award Bid and Authorize Execution of a Contract with Holliman, Inc., for the Replacement of
the Racquetball Court Wall in the Amount of $37,206.42 and a Contract with Pioneer Products
Inc. for the Replacement of the Racquetball Flooring in the Amount of $14,843 at the Joe
Farmer Recreation Center.
Council authorized the City Manager to execute the contracts.
12. Award Proposal and Authorize Execution of a Contract with Via Partnership, LLP to Prepare
the Arts Master Plan for the City of Allen for an Amount not to exceed $42,750.
Council authorized the City Manager to execute the contract.
13. Authorize the Issuance of a 12 -Month Extension of a Temporary Use Permit for Two Existing
Portable Buildings as Requested by the First United Methodist Church.
14. Receive the Summary of Property Tax Collections as of August 2004.
15. Receive the CIP (Capital Improvement Program) Status Report.
The motion carried.
Regular Aeenda
16. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from SC
Shopping Center to PD Planned Development No. 94 for a Mixed Use Development on 65t
Acres of Land Located South and West of the Southwest Corner of SH 121 and US 75. (Betz
Property)
Mayor Terrell opened the public hearing for both Agenda Items 16 and 17 and asked for anyone
speaking either for or against the requests to do so.
With no one speaking, Mayor Terrell closed the public hearings.
ORDINANCE NO. 2336-9-04: 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 SC SHOPPING CENTER TO PD -PLANNED DEVELOPMENT
NO. 94 FOR A MIXED USE DEVELOPMENT, FOR 65.84± ACRES IN THE JONATHAN
PHILLIP SURVEY, ABSTRACT NO. 719, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND
BEING FURTHER DESCRIBED IN EXHIBIT "A", PROVIDING FOR A CONCEPT PLAN
ATTACHED AS EXHIBIT "B"; PROVIDING FOR DEVELOPMENT REGULATIONS
ATTACHED AS 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 Mayor Pro Tem Fulk and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2336-9-04 as
previously captioned, with the following amendments: I) Cap Townhome and condominium
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2004
PAGE 5
uses to 20% of total developable land use; 2) attach pictures of the Legacy Park project as
design examples; and 3) correct scriveners error on page 8 under `Other Uses' to include
upper level residential and upper level office. The motion carried.
17. Conduct a Public Hearing and Adopt an Ordinance Granting a Change in Zoning from AO
Agriculture -Open Space to Planned Development No. 95 for a Mixed Use Development on 25±
Acres Located at the Southwest Corner of SH 121 and US 75, (Gourley Property)
The public hearing for this item was held in conjunction with the public hearing for Agenda Item 16.
ORDINANCE NO. 2337-9-04: 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 "AO" AGRICULTURE/OPEN SPACE TO PD -PLANNED
DEVELOPMENT NO. 95 FOR A MIXED USE DEVELOPMENT, FOR 25.669± ACRES IN THE
JONATHAN PHILLIP SURVEY, ABSTRACT NO. 719, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT `A" ATTACHED; PROVIDING
FOR A CONCEPT PLAN ATTACHED AS EXHIBIT "B": PROVIDING FOR DEVELOPMENT
REGULATIONS ATTACHED AS 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 Banlemay and a second by Councilmember Stout,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2337-9-04 as
previously captioned, with the following amendments: 1) Cap Townhome and condominium
uses to 20% of total developable land use: 2) attach pictures of the Legacy Park project as
design examples: and 3) correct scrivener's error on page 8 under 'Other Uses' to include
upper level residential and upper level office. The motion carried.
18. Conduct a Public Hearing and Adopt an Ordinance Approving Amendments to the Allen Land
Development Code (ALDC) Regarding Landscape Irrigation Design.
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. 2338-9-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT
CODE, BY AMENDING ARTICLE VII ZONING DEVELOPMENT STANDARDS SECTION
7.05; AND ARTICLE VIII SUBDIVISION REGULATIONS SECTION 8.12 LANDSCAPE
IRRIGATION SYSTEMS TO ENSURE CONSISTENCY IN REQUIREMENTS BETWEEN THE
WATER CONSERVATION ORDINANCE AND THE ALLEN LAND DEVELOPMENT CODE:
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.
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2004
PAGE
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Pacheco, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2338-
9-04 as previously captioned. The motion carried.
19. Conduct a Public Hearing and Adopt an Ordinance Approving Amendments to the Allen Land
Development Code (ALDC) Related to R4 Residential and R5 Residential Lot Coverage, Utility
Easements, and Sign Plan Fees.
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. 2339-9-04: 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, AMENDING ARTICLE VIII
SUBDIVISION REGULATIONS, SECTION 8.10 EXTENSIONS OF WATER & WASTEWATER
MAINS -UTILITY EASEMENT REQUIREMENTS; AMENDING APPENDIX B FEES AND
CHARGES — PUBLIC HEARING SIGN FEE; 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 Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2339-9-04 as
previously captioned. The motion carried.
Council took a ten minute break at 8:57 p.m.
20. Motion to Approve the Detail Site Plan for the StarCreek Development (Blue Star).
The Council took a fifteen minute break at 10:35 p.m to allow for a review of the March 23, 2004,
Council minutes
MOTION: A motion was made by Councilmember Stout and a second by Councilmember Bartlemay to
accept the Detailed Site Plan for the StarCreek Development Upon an amendment to the
motion by Councilmember Stout and seconded by Councilmember Bartlemay, the Council
voted seven (7) for and none (0) opposed to receive the Detailed Site Plan for the StarCreek
Development The motion carried.
Mayor Terrell moved to Agenda Item 22.
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ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2004 PAGE 7
Other Business
22. Calendar.
• September 28 —4A/4B Training/Texas Economic Development Council/Dallas/8:30 a.m.
• October 5 — TRIAD Meeting/Gentry Training Facility/6:00 p.m.
• October 27-29—TML (Texas Municipal League) Conference/Corpus Christi
23. Items of Interest.
The regular session recessed at 10:52 p.m.
Executive Session
In accordance with 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 10:59 p.m on Tuesday, September 28, 2004, in the Council Conference Room, Allen Civic Plaza,
305 Century Parkway, Allen, Texas, in order to continue discussing matters pertaining to:
• Personnel - Pursuant to Section 551.074 of the Texas Government Code to Consider
Appointments to Quasi -Judicial City Boards and Commissions—
Board of Adjustment/Building & Standards Commission
Planning and Zoning Commission
The Executive Session adjourned at 11.2.5 p.m. on Tuesday, September 28, 2004.
24. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 11.26 p.m. on Tuesday, September 28, 2004, in
the Council Chambers of the Allen City Hall. The following action was taken on items discussed during
Executive Session.
21. Consider Appointments to Fill Expiring Terms and Vacancies on Various City Boards and
Commissions.
Councdmember Obermeyer nominated the following individuals as recommended by the Council
Nominating Committee to the designated places on the Planning and Zoning Commission.
Planning & Zoning Commission Expiration Date
Place No. 2 James Rushing September 30, 2006
Place No. 4 Dation Culbertson September 30, 2006
Place No.6 Robert Wendland September 30, 2006
MOTION: Upon a motion made by Councdmember Obermeyer and a second by Councilmember
McGregor, the Council voted seven (7) for and none (0) opposed that nominations cease and
that the slate of individuals previously nominated be appointed by acclamation to the
designated places on the Planning and Zoning Commission The motion carried
ALLEN CITY COUNCIL
REGULAR MEETING
SEPTEMBER 28, 2004
11
PAGE 8
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 11.26 p m. on Tuesday, September 28, 2004. The motion carried.
These minutes approved on the 12" day of October 2004.
ATTEST:
Shelley B. George, TkMC, CITY SECR TARY
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APPROVED:
44P--=
Step en Terrell, MAYOR